22 USC 2357. Furnishing of services and commodities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Advance-of-funds or reimbursement basis
Whenever the President determines it to be consistent with and in
furtherance of the purposes of subchapter I of this chapter and within
the limitations of this chapter, any agency of the United States
Government is authorized to furnish services and commodities on an
advance-of-funds or reimbursement basis to friendly countries,
international organizations, the American Red Cross, and voluntary
nonprofit relief agencies registered with and approved by the Agency for
International Development (including foreign voluntary nonprofit relief
agencies so registered and approved when no United States voluntary
nonprofit relief agency is available). Such advances or reimbursements
may be credited to the currently applicable appropriation, account, or
fund of the agency concerned and shall be available for the purposes for
which such appropriation, account, or fund is authorized to be used,
under the following circumstances:
(1) Advances or reimbursements which are received under this section
within one hundred and eighty days after the close of the fiscal year in
which such services and commodities are delivered.
(2) Advances or reimbursements received pursuant to agreements
executed under this section in which reimbursement will not be completed
within one hundred and eighty days after the close of the fiscal year in
which such services and commodities are delivered: Provided, That such
agreements require the payment of interest at the current rate
established pursuant to section 635(b)(1)(B) of title 12, and repayment
of such principal and interest does not exceed a period of three years
from the date of signing of the agreement to provide the service:
Provided further, That funds available for this paragraph in any fiscal
year shall not exceed $1,000,000 of the total funds authorized for use
in such fiscal year by part I of subchapter I of this chapter, and shall
be available only to the extent provided in appropriation Acts.
Interest shall accrue as of the date of disbursement to the agency or
organization providing such services.
(b) Agency contracts with individuals to perform services
When any agency of the United States Government provides services on
an advance-of-funds or reimbursable basis under this section, such
agency may contract with individuals for personal service abroad or in
the United States to perform such services or to replace officers or
employees of the United States Government who are assigned by the agency
to provide such services. Such individuals shall not be regarded as
employees of the United States Government for the purpose of any law
administered by the Director of the Office of Personnel Management.
(c) Excess property
(1) Except as provided in subsection (d) of this section, no
Government-owned excess property shall be made available under this
section, section 2358 of this title, or otherwise in furtherance of the
purposes of subchapter I of this chapter, unless, before the shipment of
such property for use in a specified country (or transfer, if the
property is already in such country), the agency administering such
subchapter I has approved such shipment (or transfer) and made a written
determination --
(A) that there is a need for such property in the quantity requested
and that such property is suitable for the purpose requested;
(B) as to the status and responsibility of the designated end-user
and his ability effectively to use and maintain such property; and
(C) that the residual value, serviceability, and appearance of such
property would not reflect unfavorably on the image of the United States
and would justify the costs of packing, crating, handling,
transportation, and other accessorial costs, and that the residual value
at least equals the total of these costs.
(2) For purposes of transferring property described in this
subsection in furtherance of the provisions of part VIII of subchapter I
of this chapter, the phrase ''the agency administering such subchapter
I'' shall be considered to refer to the Department of State.
(d) Transfer of Government-owned excess property to enhance
environmental protection in foreign countries
The Secretary of State, acting through the Assistant Secretary of
State for Oceans and International Environmental and Scientific Affairs,
is authorized to transfer to any friendly country, international
organization, the American Red Cross, or other voluntary nonprofit
relief agency described in subsection (a) of this section,
Government-owned excess property made available under this section or
section 2358 of this title in order to support activities carried out
under subchapter I of this chapter which are designed to enhance
environmental protection in foreign countries if the Secretary of State
makes a written determination --
(1) that there is a need for such property in the quantity requested
and that such property is suitable for the purpose requested;
(2) as to the status and responsibility of the designated end-user
and his ability effectively to use and maintain such property; and
(3) that the residual value, serviceability, and appearance of such
property would not reflect unfavorably on the image of the United States
and would justify the costs of packing, crating, handling,
transportation, and other accessorial costs, and that the residual value
at least equals the total of these costs.
(Pub. L. 87-195, pt. III, 607, Sept. 4, 1961, 75 Stat. 441; Pub. L.
90-554, pt. III, 301(b), Oct. 8, 1968, 82 Stat. 963; Pub. L. 94-161,
title III, 315, Dec. 20, 1975, 89 Stat. 867; Pub. L. 95-88, title I,
122(a), Aug. 3, 1977, 91 Stat. 541; Pub. L. 95-424, title V, 503, Oct.
6, 1978, 92 Stat. 959; 1978 Reorg. Plan No. 2, 102, eff. Jan. 1, 1979,
43 F.R. 36037, 92 Stat. 3783; Pub. L. 96-53, title I, 121, Aug. 14,
1979, 93 Stat. 366; Pub. L. 99-93, title I, 129, Aug. 16, 1985, 99
Stat. 419.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
References to part I of subchapter I of this chapter are deemed to
include a reference to section 2293 of this title. See section 2293(
d)(1) of this title.
1985 -- Subsec. (c)(1). Pub. L. 99-93, 129(1)(A), (B), designated
existing provisions of subsec. (c) as par. (1), redesignated existing
pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively,
and in introductory provisions of par. (1) as so designated substituted
''Except as provided in subsection (d) of this section, no'' for ''No''.
Subsec. (c)(2). Pub. L. 99-93, 129(1)(C), added par. (2).
Subsec. (d). Pub. L. 99-93, 129(2), added subsec. (d).
1979 -- Subsec. (a). Pub. L. 96-53 substituted ''Agency for
International Development'' for ''Advisory Committee on Voluntary
Foreign Aid''.
1978 -- Subsecs. (b), (c). Pub. L. 95-424 added subsec. (b) and
redesignated former subsec. (b) as (c).
1977 -- Subsec. (a). Pub. L. 95-88 inserted ''(including foreign
voluntary nonprofit relief agencies so registered and approved when no
United States voluntary nonprofit relief agency is available)'' after
''and voluntary nonprofit relief agencies registered with and approved
by the Advisory Committee on Voluntary Foreign Aid'' in provisions
preceding par. (1).
1975 -- Subsec. (a). Pub. L. 94-161 substituted ''currently'' for
''current'', incorporated text following ''Such advances or
reimbursements'' in provisions designated cl. (1) and added cl. (2).
1968 -- Pub. L. 90-554 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this
title.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
''Director of the Office of Personnel Management'' substituted for
''Civil Service Commission'' in subsec. (b) pursuant to Reorg. Plan
No. 2 of 1978, 102, 43 F.R. 36037, 92 Stat. 3783, set out under
section 1101 of Title 5, Government Organization and Employees, which
transferred all functions vested by statute in the United States Civil
Service Commission to the Director of the Office of Personnel Management
(except as otherwise specified), effective Jan. 1, 1979, as provided by
section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F. R. 1055,
set out under section 1101 of Title 5.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, to be
exercised in consultation with Secretary of State, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Section 122(b) of Pub. L. 95-88 provided that: ''For purposes of
implementing the amendment made by subsection (a) (amending this
section), the President shall issue regulations governing registration
with and approval by the Advisory Committee on Voluntary Foreign Aid of
foreign voluntary nonprofit agencies.''
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
22 USC 2358. Foreign and domestic excess property
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Advance acquisition of property; special account for payment of
costs; limitation; use of property
It is the sense of the Congress that in furnishing assistance under
subchapter I of this chapter excess personal property, or (if a
substantial savings would occur) other property already owned by an
agency of the United States Government, shall be utilized wherever
practicable in lieu of or supplementary to the procurement of new items
for United States-assisted projects and programs. The President is
authorized to maintain in a separate account, which shall,
notwithstanding section 1535(d) of title 31, be free from fiscal year
limitation, $5,000,000 of funds made available under part I of
subchapter I of this chapter, which may be used to pay costs (including
personnel costs) of acquisition, storage, renovation and rehabilitation,
packing, crating, handling, transportation, and related costs of
property classified as domestic or foreign excess property pursuant to
the Federal Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 471 et seq.), any property available from an agency of the
United States Government, or other property, in advance of known
requirements therefor for use in furtherance of the purposes of
subchapter I of this chapter: Provided, That the amount of property
classified as domestic excess property pursuant to the Federal Property
and Administrative Services Act of 1949, as amended, held at any one
time pursuant to this section shall not exceed $15,000,000 in total
original acquisition cost. Property acquired pursuant to the preceding
sentence may be furnished (1) pursuant to any provision of subchapter I
of this chapter for which funds are authorized for the furnishing of
assistance, in which case the separate account established pursuant to
this section shall be repaid from funds made available for such
provision for all costs incurred, or (2) pursuant to section 2357 of
this title, in which case such separate account shall be repaid in
accordance with the provisions of that section for all costs incurred.
(b) Transfer of domestic excess property
Property classified as domestic excess property under the Federal
Property and Administrative Services Act of 1949, as amended (40 U.S.C.
471 et seq.), shall not be transferred to the agency primarily
responsible for administering subchapter I of this chapter for use
pursuant to the provisions of subchapter I of this chapter or section
2357 of this title unless (1) such property is transferred for use
exclusively by an agency of the United States Government, or (2) it has
been determined in the same manner as provided for surplus property in
section 203(j) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 484(j)), that such property is not needed
for donation pursuant to that subsection. The foregoing restrictions
shall not apply to the transfer in any fiscal year for use pursuant to
the provisions of subchapter I of this chapter of amounts of such
property with a total original acquisition cost to the United States
Government not exceeding $45,000,000.
(Pub. L. 87-195, pt. III, 608, Sept. 4, 1961, 75 Stat. 441; Pub. L.
89-583, pt. III, 301(c), Sept. 19, 1966, 80 Stat. 804; Pub. L. 90-137,
pt. III, 301(b), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95-424, title I,
102(g)(2)(C), Oct. 6, 1978, 92 Stat. 942; Pub. L. 97-113, title VII,
701, Dec. 29, 1981, 95 Stat. 1543.)
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. The excess property provisions of that Act are
classified to chapter 10 ( 471 et seq.) of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the
Code, see Short Title note set out under section 471 of Title 40 and
Tables.
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
References to part I of subchapter I of this chapter are deemed to
include a reference to section 2293 of this title. See section 2293(
d)(1) of this title.
In subsec. (a), ''section 1535(d) of title 31'' substituted for
''section 1210 of the General Appropriation Act, 1951 (64 Stat. 765) (31
U.S.C. 686-1)'' on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982,
96 Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
1981 -- Subsec. (a). Pub. L. 97-113 authorized for subchapter I
assistance use of property already owned by an agency of the United
States (if a substantial savings would occur) as supplementary to
procurement of new items for United States-assisted projects and
programs and use of separate account funds for payment of costs of any
property available from an agency of the United States.
1978 -- Subsec. (a). Pub. L. 95-424 substituted ''part 1 of
subchapter 1 of this chapter'' for ''section 2172 of this title''.
1967 -- Subsec. (a). Pub. L. 90-137 required, in furnishing
assistance under subchapter I of this chapter, utilization of excess
personal property wherever practicable in lieu of new items for United
States-assisted projects and programs.
1966 -- Subsec. (a). Pub. L. 89-583 permitted personnel costs
attributable to the excess property program to be charged to the
separate account for the advance acquisition of property.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Functions of President under this section delegated and funds
available under this chapter allocated to Director of United States
International Development Cooperation Agency, with certain exceptions,
by sections 1-102(a)(1), (e) and 1-801(a) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
22 USC 2359. Special accounts
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment by recipient countries; deposits; availability
and utilization
In cases where any commodity is to be furnished on a grant basis
under part IV of subchapter I of this chapter under arrangements which
will result in the accrual of proceeds to the recipient country from the
sale thereof, the President shall require the recipient country to
establish a Special Account, and
(1) deposit in the Special Account, under such terms and conditions
as may be agreed upon, currency of the recipient country in amounts
equal to such proceeds;
(2) make available to the United States Government such portion of
the Special Account as may be determined by the President to be
necessary for the requirements of the United States Government:
Provided, That such portion shall not be less than 10 per centum in the
case of any country to which such minimum requirement has been
applicable under any Act repealed by this chapter; and
(3) utilize the remainder of the Special Account for programs agreed
to by the United States Government to carry out the purposes for which
new funds authorized by this chapter would themselves be available:
Provided, That whenever funds from such Special Account are used by a
country to make loans, all funds received in repayment of such loans
prior to termination of assistance to such country shall be reused only
for such purposes as shall have been agreed to between the country and
the United States Government.
(b) Disposition of unencumbered balances
Any unencumbered balances of funds which remain in the Account upon
termination of assistance to such country under this chapter shall be
disposed of for such purposes as may, subject to approval by Act of the
Congress, be agreed to between such country and the United States
Government.
(Pub. L. 87-195, pt. III, 609, Sept. 4, 1961, 75 Stat. 442.)
Pub. L. 101-513, title V, 575(a)(5), Nov. 5, 1990, 104 Stat. 2042,
provided that this section is superseded by section 575(a) of Pub. L.
101-513, set out below.
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Part IV of subchapter I ( 2241 et seq.) of this chapter has been
repealed. References to part IV of subchapter I, or any sections
thereof, are deemed references to part IV of subchapter II ( 2346 et
seq.) of this chapter, or to appropriate sections thereof. See section
202(b) of Pub. L. 98-226, set out as a note under section 2346 of this
title.
Functions of President under this section delegated and funds
available under this chapter allocated to Director of United States
International Development Cooperation Agency, with certain exceptions,
by sections 1-102(a)(1), (e) and 1-801(a) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Pub. L. 101-513, title V, 575, Nov. 5, 1990, 104 Stat. 2042,
provided that:
''(a) Separate Accounts for Local Currencies. -- (1) If assistance is
furnished to the government of a foreign country under chapter 1 of part
I (22 U.S.C. 2151 et seq.) (including assistance for sub-Saharan Africa
and the Philippines Multilateral Assistance Initiative) or chapter 4 of
part II (22 U.S.C. 2346 et seq.) of the Foreign Assistance Act of 1961
under agreements which result in the generation of local currencies of
that country, the Administrator of the Agency for International
Development shall --
''(A) require that local currencies be deposited in a separate
account established by that government;
''(B) enter into an agreement with that government which sets forth
--
''(i) the amount of the local currencies to be generated, and
''(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
''(C) establish by agreement with that government the
responsibilities of the Agency for International Development and that
government to monitor and account for deposits into and disbursements
from the separate account.
''(2) Uses of Local Currencies. -- As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local currencies,
shall be used only --
''(A) to carry out chapter 1 of part I or chapter 4 of part II (as
the case may be), for such purposes as:
''(i) project and sector assistance activities, or
''(ii) debt and deficit financing; or
''(B) for the administrative requirements of the United States
Government.
''(3) Programming Accountability. -- The Agency for International
Development shall take all appropriate steps to ensure that the
equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
''(4) Termination of Assistance Programs. -- Upon termination of
assistance to a country under chapter 1 of part I or chapter 4 of part
II (as the case may be), any unencumbered balances of funds which remain
in a separate account established pursuant to subsection (a) shall be
disposed of for such purposes as may be agreed to by the government of
that country and the United States Government.
''(5) Conforming Amendments. -- The provisions of this subsection
shall supersede the tenth and eleventh provisos contained under the
heading 'Sub-Saharan Africa, Development Assistance' as included in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Pub. L. 100-461, Oct. 1, 1988, 102 Stat.
2268-7) and sections 531(d) and 609 of the Foreign Assistance Act of
1961 (22 U.S.C. 2346(d), 2359).
''(b) Separate Accounts for Cash Transfers. -- (1) If assistance is
made available to the government of a foreign country, under chapter 1
of part I (22 U.S.C. 2151 et seq.) (including assistance for sub-Saharan
Africa and the Philippines Multilateral Assistance Initiative) or
chapter 4 of part II (22 U.S.C. 2346 et seq.) of the Foreign Assistance
Act of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
''(2) Applicability of Other Provisions of Law. -- Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the Committee
of Conference accompanying House Joint Resolution 648 (H. Report No.
98-1159).
''(3) Notification. -- At least fifteen days prior to obligating any
such cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of the
Committees on Appropriations, which shall include a detailed description
of how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by the
assistance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
''(4) Exemption. -- Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the notification
procedures of the Committees on Appropriations.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 101-167, title V, 592, Nov. 21, 1989, 103 Stat. 1253.
Provisions similar to those appearing in section 575(b) of Pub. L.
101-513 were contained in the following prior appropriation acts:
Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1207.
Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-12.
Pub. L. 100-202, 101(e) (title II), Dec. 22, 1987, 101 Stat.
1329-131, 1329-143.
Pub. L. 99-500, 101(f) (title II), Oct. 18, 1986, 100 Stat.
1783-213, 1783-221, and Pub. L. 99-591, 101(f) (title II), Oct. 30,
1986, 100 Stat. 3341-214, 3341-221.
22 USC 2360. Transfer of funds between accounts
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Necessity of transfer; limitations
Whenever the President determines it to be necessary for the purposes
of this chapter, not to exceed 10 per centum of the funds made available
for any provision of this chapter (except funds made available pursuant
to subpart IV of part II of subchapter I of this chapter or for section
2763 of this title) may be transferred to, and consolidated with, the
funds made available for any provision of this chapter (except funds
made available under part II of subchapter II of this chapter), and may
be used for any of the purposes for which such funds may be used, except
that the total in the provision for the benefit of which the transfer is
made shall not be increased by more than 20 per centum of the amount of
funds made available for such provision.
(b) Augmentation of other appropriations
The authority contained in this section and in sections 2261, 2318
and 2364 of this title, shall not be used to augment appropriations made
available pursuant to sections 2396(g)(1) and 2397 of this title or used
otherwise to finance activities which normally would be financed from
appropriations for administrative expenses.
(c) Military and development assistance purposes
Any funds which the President has notified Congress pursuant to
section 2413 of this title that he intends to provide in military
assistance to any country may be transferred to, and consolidated with,
any other funds he has notified Congress pursuant to such section that
he intends to provide to that country for development assistance
purposes.
(Pub. L. 87-195, pt. III, 610, Sept. 4, 1961, 75 Stat. 442; Pub. L.
87-565, pt. III, 301(a), Aug. 1, 1962, 76 Stat. 260; Pub. L. 89-371, 3,
Mar. 18, 1966, 80 Stat. 74; Pub. L. 89-583, pt. III, 301( d), Sept.
19, 1966, 80 Stat. 804; Pub. L. 90-137, pt. III, 301(c), Nov. 14, 1967,
81 Stat. 458; Pub. L. 91-175, pt. III, 301, Dec. 30, 1969, 83 Stat.
820; Pub. L. 93-559, 19(a), Dec. 30, 1974, 88 Stat. 1800; Pub. L.
95-384, 10(b)(2), Sept. 26, 1978, 92 Stat. 735; Pub. L. 101-623, 10(a),
Nov. 21, 1990, 104 Stat. 3356.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
1990 -- Subsec. (a). Pub. L. 101-623 inserted ''or for section 2763
of this title'' after ''subchapter I of this chapter'' and struck out
''other'' after second reference to ''funds made available for any''.
1978 -- Subsec. (b). Pub. L. 95-384 struck out provisions
authorizing transfer and consolidation of not to exceed $9,000,000 of
the funds appropriated under section 2242 of this title with the funds
appropriated under section 2397(a) of this title to be available solely
for additional administrative expenses incurred in connection with
programs in Vietnam.
1974 -- Subsec. (a). Pub. L. 93-559, 19(a)(1), inserted provisions
excepting funds made available under part II of subchapter II of this
chapter from the designation of funds subject to consolidation.
Subsec. (c). Pub. L. 93-559, 19(a)(2), added subsec. (c).
1969 -- Subsec. (a). Pub. L. 91-175 inserted provision excepting
funds made available pursuant to subpart IV of part II of subchapter I
of this chapter form the designation of funds subject to consolidation.
1967 -- Subsec. (b). Pub. L. 90-137 increased limitation on funds
available for transfer from $5,000,000 to $9,000,000.
1966 -- Subsec. (b). Pub. L. 89-583 substituted provisions
authorizing transfer of $5,000,000 for administrative expenses for any
fiscal year incurred in connection with programs in Vietnam for
provisions authorizing transfer of $1,400,000 for administrative
expenses for fiscal year 1966 incurred in connection with programs in
the Republic of Vietnam.
Pub. L. 89-371 authorized transfer of $1,400,000 for administrative
expenses for fiscal year 1966 incurred in connection with programs in
the Republic of Vietnam.
1962 -- Pub. L. 87-565 designated existing provisions as subsec.
(a) and added subsec. (b).
Section 10(b) of Pub. L. 101-623 provided that: ''The amendments
made by subsection (a) (amending this section) apply with respect to
funds made available for fiscal year 1991 or any fiscal year
thereafter.''
22 USC 2361. Completion of plans and cost estimates
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Restriction on agreements or grants
No agreement or grant which constitutes an obligation of the United
States Government in excess of $500,000 under section 1501 of title 31
shall be made for any assistance authorized under part I of subchapter I
of this chapter, subpart II of part II of subchapter I of this chapter,
or part IV of subchapter II of this chapter --
(1) if such agreement or grant requires substantive technical or
financial planning, until engineering, financial, and other plans
necessary to carry out such assistance, and a reasonably firm estimate
of the cost to the United States Government of providing such
assistance, have been completed; and
(2) if such agreement or grant requires legislative action within the
recipient country, unless such legislative action may reasonably be
anticipated to be completed in time to permit the orderly accomplishment
of the purposes of such agreement or grant.
(b) Plans for water or related land resource construction projects;
computation of benefits and costs
Plans required under subsection (a) of this section for any water or
related land resource construction project or program shall include a
computation of benefits and costs made insofar as practicable in
accordance with the principles, standards, and procedures established
pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.)
or acts amendatory or supplementary thereto.
(c) Contracts for construction outside United States; competitive
basis
To the maximum extent practicable, all contracts for construction
outside the United States made in connection with any agreement or grant
subject to subsection (a) of this section shall be made on a competitive
basis.
(d) Engineering, financial, and other plans
Subsection (a) of this section shall not apply to any assistance
furnished for the sole purpose of preparation of engineering, financial,
and other plans.
(e) Certification of country capability to maintain and utilize
projects as prerequisite to assistance for capital projects exceeding
cost limitations
In addition to any other requirements of this section, no assistance
authorized under part I of subchapter I of this chapter, subpart II of
part II of subchapter I of this chapter, or part IV of subchapter II of
this chapter shall be furnished with respect to any capital assistance
project estimated to cost in excess of $1,000,000 until the head of the
agency primarily responsible for administering subchapter I of this
chapter has received and taken into consideration a certification from
the principal officer of such agency in the country in which the project
is located as to the capability of the country (both financial and human
resources) to effectively maintain and utilize the project taking into
account among other things the maintenance and utilization of projects
in such country previously financed or assisted by the United States.
(Pub. L. 87-195, pt. III, 611, Sept. 4, 1961, 75 Stat. 442; Pub. L.
87-565, pt. III, 301(b), Aug. 1, 1962, 76 Stat. 260; Pub. L. 88-205,
pt. III, 301(c), Dec. 16, 1963, 77 Stat. 385; Pub. L. 90-137, pt. II,
301(d), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95-424, title I, 102(g)(
2)(D), (E), Oct. 6, 1978, 92 Stat. 943; Pub. L. 96-53, title I, 117,
Aug. 14, 1979, 93 Stat. 365; Pub. L. 99-83, title XII,
1208, 1211(b)(2), Aug. 8, 1985, 99 Stat. 278, 279.)
The Water Resources Planning Act, referred to in subsec. (b), is
Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is
classified generally to chapter 19B ( 1962 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 1962 of Title 42
and Tables.
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
References to part I of subchapter I of this chapter are deemed to
include a reference to section 2293 of this title. See section 2293(
d)(1) of this title.
1985 -- Subsec. (a). Pub. L. 99-83, 1208(1), substituted
''$500,000'' for ''$100,000''.
Pub. L. 99-83, 1211(b)(2), substituted reference to section 1501 of
title 31, for reference to section 1311 of the Supplemental
Appropriation Act, 1955.
Subsec. (b). Pub. L. 99-83, 1208(2), substituted ''the principles,
standards, and procedures established pursuant to the Water Resources
Planning Act (42 U.S.C. 1962, et seq.) or acts amendatory or
supplementary thereto'' for ''the procedures set forth in the Principles
and Standards for Planning Water and Related Land Resources, dated
October 25, 1973, with respect to such computations''.
1979 -- Subsec. (b). Pub. L. 96-53 substituted ''Principles and
Standards for Planning Water and Related Land Resources, dated October
25, 1973'' for ''Memorandum of the President dated May 15, 1962''.
1978 -- Subsec. (a). Pub. L. 95-424, 102(g)(2)(D), substituted
''part I of subchapter I of this chapter, subpart II of part II of
subchapter I of this chapter, or part IV of subchapter II of this
chapter'' for ''subparts I, II, and VI of part II and part IV of
subchapter I of this chapter''.
Subsec. (e). Pub. L. 95-424, 102(g)(2)(E), substituted ''part I of
subchapter I of this chapter, subpart II of part II of subchapter I of
this chapter, or part IV of subchapter II of this chapter'' for
''subparts I, II, or VI of part II or part IV of subchapter I of this
chapter''.
1967 -- Subsec. (e). Pub. L. 90-137 added subsec. (e).
1963 -- Subsec. (b). Pub. L. 88-205 substituted ''the Memorandum of
the President dated May 15, 1962,'' for ''circular A-47 of the Bureau of
the Budget.''
1962 -- Subsec. (a). Pub. L. 87-565 included subpart VI of part II
of subchapter I of this chapter within the restriction.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this
title.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
22 USC 2362. Use of foreign currencies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Currencies received in payment for nonmilitary assistance;
foreign obligations
Except as otherwise provided in this chapter or other Acts, foreign
currencies received either (1) as a result of the furnishing of
nonmilitary assistance under the Mutual Security Act of 1954, as
amended, or any Act repealed thereby, and unobligated on September 3,
1961, or (2) on or after September 4, 1961, as a result of the
furnishing of nonmilitary assistance under the Mutual Security Act of
1954, as amended, or any Act repealed thereby, or (3) as a result of the
furnishing of assistance under subchapter I of this chapter, which are
in excess of amounts reserved under authority of section 2455(d) of this
title or any other Act relating to educational and cultural exchanges,
may be sold by the Secretary of the Treasury to agencies of the United
States Government for payment of their obligations outside the United
States, and the United States dollars received as reimbursement shall be
deposited into miscellaneous receipts of the Treasury. Foreign
currencies so received which are in excess of the amounts so reserved
and of the requirements of the United States Government in payment of
its obligations outside the United States, as such requirements may be
determined from time to time by the President, shall be available for
the authorized purposes of subchapter I of this chapter in such amounts
as may be specified from time to time in appropriation Acts.
(b) United States operations abroad; excess foreign currencies
Any Act of the Congress making appropriations to carry out programs
under this chapter or any other Act for United States operations abroad
is hereby authorized to provide for the utilization of United
States-owned excess foreign currencies to carry out any such operations
authorized by law.
As used in this subsection, the term ''excess foreign currencies''
means foreign currencies or credits owned by or owed to the United
States which are, under applicable agreements with the foreign country
concerned, available for the use of the United States Government and are
determined by the President to be excess to the normal requirements of
departments and agencies of the United States for such currencies or
credits and are not prohibited from use under this subsection by an
agreement entered into with the foreign country concerned.
The President shall take all appropriate steps to assure that, to the
maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars. Dollar funds made available pursuant to
this chapter shall not be expended for goods and services when United
States-owned foreign currencies are available for such purposes unless
the administrative official approving the voucher certifies as to the
reason for the use of dollars in each case.
(c) Voluntary family planning programs; limitation
In addition to funds otherwise available, excess foreign currencies,
as defined in subsection (b) of this section, may be made available to
friendly foreign governments and to private, nonprofit United States
organizations to carry out voluntary family planning programs in
countries which request such assistance. No such program shall be
assisted unless the President has received assurances that in the
administration of such program the recipient will take reasonable
precautions to insure that no person receives any family planning
assistance or supplies unless he desires such services. The excess
foreign currencies made available under this subsection shall not, in
any one year, exceed 5 per centum of the aggregate of all excess foreign
currencies. As used in this subsection, the term ''voluntary family
planning program'' includes, but is not limited to, demographic studies,
medical and psychological research, personnel training, the construction
and staffing of clinics and rural health centers, specialized training
of doctors and paramedical personnel, the manufacture of medical
supplies, and the dissemination of family planning information, medical
assistance, and supplies to individuals who desire such assistance.
(d) Reciprocal release of dollar value equivalents
In furnishing assistance under this chapter to the government of any
country in which the United States owns excess foreign currencies as
defined in subsection (b) of this section, except those currencies
generated under the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1691 et seq.), the President shall endeavor
to obtain from the recipient country an agreement for the release, on
such terms and conditions as the President shall determine, of an amount
of such currencies up to the equivalent of the dollar value of
assistance furnished by the United States for programs as may be
mutually agreed upon by the recipient country and the United States to
carry out the purposes for which new funds authorized by this chapter
would themselves be available.
(Pub. L. 87-195, pt. III, 612, Sept. 4, 1961, 75 Stat. 443; Pub. L.
88-205, pt. III, 301(d), Dec. 16, 1963, 77 Stat. 385; Pub. L. 88-633,
pt. III, 301(c), Oct. 7, 1964, 78 Stat. 1012; Pub. L. 88-638, 2(1),
Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89-171, pt. III, 301(b), Sept. 6,
1965, 79 Stat. 659; Pub. L. 89-583, pt. III, 301(e), Sept. 19, 1966, 80
Stat. 805; Pub. L. 91-175, pt. III, 302, Dec. 30, 1969, 83 Stat. 820.)
This chapter, referred to in subsecs. (a), (b), and (d), was in the
original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat.
424, as amended, known as the Foreign Assistance Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
The Mutual Security Act of 1954, referred to in subsec. (a), is act
Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts July 8,
1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, 2 to 11, 70
Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30,
1958, Pub. L. 85-477, ch. 1, 101 to 103, ch. II, 201 to 205, ch.
III, 301, ch. IV, 401, ch. V, 501, 72 Stat. 261; July 24, 1959, Pub.
L. 86-108, 2, ch. 1, 101, ch. II, 201 to 205(a) to (i), (k) to (n),
ch. III, 301, ch. IV, 401(a) to (k), (m), 73 Stat. 246; May 14,
1960, Pub. L. 86-472, ch. I to V, 74 Stat. 134, which was principally
classified to chapter 24 ( 1750 et seq.) of this title and which was
repealed by act July 18, 1956, ch. 627, 8(m), 70 Stat. 559, Pub. L.
85-141, 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L.
86-108, ch. II, 205(j), ch. IV, 401(1), July 24, 1959, 73 Stat. 250,
Pub. L. 86-472, ch. II, 203(d), 204(k), May 14, 1960, 74 Stat. 138,
Pub. L. 87-195, pt. III, 642(a)(2), Sept. 4, 1961, 75 Stat. 460, Pub.
L. 94-329, title II, 212(b)(1), June 30, 1976, 90 Stat 745, except for
sections 1754, 1783, 1796, 1853, 1922, 1928, and 1937 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1754 of this title and Tables.
The Agricultural Trade Development and Assistance Act of 1954, as
amended, referred to in subsec. (d), is act July 10, 1954, ch. 469, 68
Stat. 454, as amended, which is classified principally to chapter 41 (
1691 et seq.) of Title 7, Agriculture. For complete classification of
this Act to the Code, see Short Title note set out under section 1691 of
Title 7 and Tables.
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
1969 -- Subsec. (d). Pub. L. 91-175 added subsec. (d).
1966 -- Subsec. (c). Pub. L. 89-583 added subsec. (c).
1965 -- Subsecs. (b), (c). Pub. L. 89-171 redesignated subsec. (c)
as (b) and prohibited dollar funds made available pursuant to this
chapter from being expended for goods and services when United
States-owned foreign currencies are available for such purposes unless
the administrative official approving the voucher certifies as to the
reason for the use of dollars in each case.
1964 -- Subsec. (b). Pub. L. 88-638 redesignated subsec. (b), as
added by Pub. L. 88-205, as subsec. (t) of section 1704 of Title 7,
Agriculture.
Subsec. (c). Pub. L. 88-633 added subsec. (c).
1963 -- Pub. L. 88-205 designated existing provisions as subsec.
(a) and added subsec. (b).
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by sections 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under the second sentence of subsec. (a) of
this section in relation to determination of excess foreign currencies
delegated to Secretary of the Treasury, pursuant to section 1-501(a)(2)
of Ex. Ord. No. 12163.
22 USC 2363. Accounting, valuation, reporting, and administration of
foreign currencies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Responsibility of Secretary of the Treasury; regulations
Under the direction of the President, the Secretary of the Treasury
shall have responsibility for valuation and central accounting with
respect to foreign credits (including currencies) owed to or owned by
the United States. In order to carry out such responsibility the
Secretary shall issue regulations binding upon all agencies of the
Government.
(b) Establishment of exchange rates
The Secretary of the Treasury shall have sole authority to establish
for all foreign currencies or credits the exchange rates at which such
currencies are to be reported by all agencies of the Government.
(c) Repealed. Pub. L. 97-113, title VII, 734(a)(1), Dec. 29, 1981,
95 Stat. 1560
(d) Interest income on foreign currency proceeds; regulations;
waiver; report to Congress
In cases where assistance is to be furnished to any recipient country
in furtherance of the purposes of this chapter or any other Act on a
basis which will result in the accrual of foreign currency proceeds to
the United States, the Secretary of the Treasury shall issue regulations
requiring that agreements, in respect of such assistance, include
provisions for the receipt of interest income on the foreign currency
proceeds deposited in authorized depositaries: Provided, That whenever
the Secretary of State determines it not to be in the national interest
to conclude arrangements for the receipt of interest income he may waive
the requirement thereof: Provided further, That the Secretary of State,
or his delegate, shall promptly make a complete report to the Congress
on each such determination and the reasons therefor.
(Pub. L. 87-195, pt. III, 613, Sept. 4, 1961, 75 Stat. 443; Pub. L.
89-171, pt. III, 301(c), Sept. 6, 1965, 79 Stat. 659; Pub. L. 94-273,
46, Apr. 21, 1976, 90 Stat. 382; Pub. L. 97-113, title VII, 734(a)(1),
Dec. 29, 1981, 95 Stat. 1560.)
This chapter, referred to in subsec. (d), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
1981 -- Subsec. (c). Pub. L. 97-113 struck out subsec. (c) which
provided for semi-annual reports on foreign currencies acquired without
payment of dollars by the United States. See section 2394(a)(8) of this
title.
1976 -- Subsec. (c). Pub. L. 94-273 inserted provision relating to
reports after Dec. 31, 1975.
1965 -- Subsec. (d). Pub. L. 89-171 added subsec. (d).
22 USC 2364. Special authorities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Furnishing of assistance and arms export sales, credits, and
guaranties upon determination and notification of Congress of importance
and vitality of such action to security interests and national security
interests of United States; policy justification; fiscal year
limitations; transfers between accounts
(1) The President may authorize the furnishing of assistance under
this chapter without regard to any provision of this chapter, the Arms
Export Control Act (22 U.S.C. 2751 et seq.), any law relating to
receipts and credits accruing to the United States, and any Act
authorizing or appropriating funds for use under this chapter, in
furtherance of any of the purposes of this chapter, when the President
determines, and so notifies in writing the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate, that to do so is important to the security interests of
the United States.
(2) The President may make sales, extend credit, and issue guaranties
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), without
regard to any provision of this chapter, the Arms Export Control Act,
any law relating to receipts and credits accruing to the United States,
and any Act authorizing or appropriating funds for use under the Arms
Export Control Act, in furtherance of any of the purposes of such Act,
when the President determines, and so notifies in writing the Speaker of
the House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate, that to do so is vital to the national
security interests of the United States.
(3) Before exercising the authority granted in this subsection, the
President shall consult with, and shall provide a written policy
justification to, the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate.
(4)(A) The authority of this subsection may not be used in any fiscal
year to authorize --
(i) more than $750,000,000 in sales to be made under the Arms Export
Control Act (22 U.S.C. 2751 et seq.);
(ii) the use of more than $250,000,000 of funds made available for
use under this chapter or the Arms Export Control Act; and
(iii) the use of more than $100,000,000 of foreign currencies
accruing under this chapter or any other law.
(B) If the authority of this subsection is used both to authorize a
sale under the Arms Export Control Act and to authorize funds to be used
under the Arms Export Control Act or under this chapter with respect to
the financing of that sale, then the use of the funds shall be counted
against the limitation in subparagraph (A)(ii) and the portion, if any,
of the sale which is not so financed shall be counted against the
limitation in subparagraph (A)(i).
(C) Not more than $50,000,000 of the $250,000,000 limitation provided
in subparagraph (A)(ii) may be allocated to any one country in any
fiscal year unless that country is a victim of active Communist or
Communist-supported aggression, and not more than $500,000,000 of the
aggregate limitation of $1,000,000,000 provided in subparagraphs (A)(i)
and (A)(ii) may be allocated to any one country in any fiscal year.
(5) The authority of this section may not be used to waive the
limitations on transfers contained in section 2360(a) of this title.
(b) United States obligations in West Germany
Whenever the President determines it to be important to the national
interest, he may use funds available for the purposes of part IV of
subchapter I of this chapter in order to meet the responsibilities or
objectives of the United States in Germany, including West Berlin, and
without regard to such provisions of law as he determines should be
disregarded to achieve this purpose.
(c) Certification by President of inadvisability to specify nature of
use of funds; reports to Congress
The President is authorized to use amounts not to exceed $50,000,000
of the funds made available under this chapter pursuant to his
certification that it is inadvisable to specify the nature of the use of
such funds, which certification shall be deemed to be a sufficient
voucher for such amounts. The President shall fully inform the chairman
and ranking minority member of the Committee on Foreign Affairs of the
House of Representatives and the chairman and ranking minority member of
the Committee on Foreign Relations of the Senate of each use of funds
under this subsection prior to the use of such funds.
(Pub. L. 87-195, pt. III, 614, Sept. 4, 1961, 75 Stat. 444; Pub. L.
89-583, pt. III, 301(f), (g), Sept. 19, 1966, 80 Stat. 805; Pub. L.
90-137, pt. III, 301(e), Nov. 14, 1967, 81 Stat. 459; Pub. L. 93-559,
19(b), Dec. 30, 1974, 88 Stat. 1800; Pub. L. 96-533, title I, 117(a),
Dec. 16, 1980, 94 Stat. 3140; Pub. L. 99-83, title I, 128, Aug. 8,
1985, 99 Stat. 206; Pub. L. 101-222, 8, Dec. 12, 1989, 103 Stat.
1899.)
This chapter, referred to in subsecs. (a) and (c), was in the
original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat.
424, as amended, known as the Foreign Assistance Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsec. (a)(1), (2),
(4)(A), (B), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as
amended, which is classified principally to chapter 39 ( 2751 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2751 of this title and Tables.
Part IV of subchapter I ( 2241 et seq.) of this chapter has been
repealed. References to part IV of subchapter I, or any sections
thereof, are deemed references to part IV of subchapter II ( 2346 et
seq.) of this chapter, or to appropriate sections thereof. See section
202(b) of Pub. L. 92-226, set out as a note under section 2346 of this
title.
1989 -- Subsec. (c). Pub. L. 101-222 amended second sentence
generally. Prior to amendment, second sentence read as follows: ''The
President shall promptly and fully inform the Speaker of the House of
Representatives and the chairman and ranking minority member of the
Committee on Foreign Relations of the Senate of each use of funds under
this subsection.''
1985 -- Subsec. (a)(4). Pub. L. 99-83 designated existing provisions
as subpar. (A), added cl. (i) and designations ''(ii)'' and ''(iii)'',
struck out fiscal year limitation for any one country, and added
subpars. (B) and (C).
1980 -- Subsec. (a). Pub. L. 96-533, in revising subsec. (a),
incorporated part of existing first sentence in provisions designated
par. (1), inserted reference to Arms Export Control Act, struck out
reference to Mutual Defense Assistance Control Act of 1951, required
notification of the Speaker of the House and chairman of the Senate
Committee on Foreign Relations, and substituted ''security interests''
for ''security''; inserted pars. (2) and (3); incorporated part of
existing first sentence, second sentence, and substance of third
sentence in provisions designated par. (4) and inserted reference to
the Arms Export Control Act; and designated fourth sentence as par.
(5) and substituted therein ''may not'' for ''shall not''.
1974 -- Subsec. (a). Pub. L. 93-559 provided that the authority of
the section shall not be used to waive the limitations on transfers
contained in section 2360(a) of this title.
1967 -- Subsec. (a). Pub. L. 90-137 substituted ''506'' for ''510'',
classified to the Code as section 2318 of this title.
1966 -- Subsec. (a). Pub. L. 89-583, 301(f), provided that the
$50,000,000 limitation on allocation of funds to any country in any one
fiscal year shall not apply to any country which is a victim of active
Communist or Communist-supported aggression.
Subsec. (c). Pub. L. 89-583, 301(g), inserted provision for reports
to Congress of use of funds under this subsec.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Functions of President under subsec. (b), except the function of
determining which provisions of law should be disregarded, delegated to
Secretary of State by section 1-201(a)(11) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56674, as amended, set out as a note under section
2381 of this title.
22 USC 2365. Contract authority
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Provisions of this chapter authorizing the appropriation of funds
shall be construed to authorize the granting in any appropriation Act of
authority to enter into contracts, within the amounts so authorized to
be appropriated, creating obligations in advance of appropriations.
(Pub. L. 87-195, pt. III, 615, Sept. 4, 1961, 75 Stat. 444.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
22 USC 2366. Availability of funds
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Except as otherwise provided in this chapter, funds shall be
available to carry out the provisions of this chapter as authorized and
appropriated to the President each fiscal year.
(Pub. L. 87-195, pt. III, 616, Sept. 4, 1961, 75 Stat. 444.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Funds available to President for carrying out this chapter, with
specified exceptions, allocated to Director of United States
International Development Cooperation Agency by section 1-801(a) of Ex.
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56678, eff. Oct. 1, 1979, set
out as a note under section 2381 of this title.
Pub. L. 87-329, title I, 112, Sept. 30, 1961, 75 Stat. 719,
provided that funds appropriated under Pub. L. 87-329, popularly known
as the Foreign Assistance and Related Agencies Appropriation Act, 1962,
should be administered with a favorable view toward those recipient
nations which share the view of the United States on the world crisis.
22 USC 2367. Termination of assistance; availability of funds for
winding up programs; participant training
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Assistance under any provision of this chapter may, unless sooner
terminated by the President, be terminated by concurrent resolution.
Funds made available under this chapter shall remain available for a
period not to exceed eight months from the date of termination of
assistance under this chapter for the necessary expenses of winding up
programs related thereto. In order to ensure the effectiveness of
assistance under this chapter, such expenses for orderly termination of
programs may include the obligation and expenditure of funds to complete
the training or studies outside their countries of origin of students
whose course of study or training program began before assistance was
terminated.
(Pub. L. 87-195, pt. III, 617, Sept. 4, 1961, 75 Stat. 444; Pub. L.
93-189, 14, Dec. 17, 1973, 87 Stat. 722; Pub. L. 96-533, title III,
310, Dec. 16, 1980, 94 Stat. 3148.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
1980 -- Pub. L. 96-533 authorized expenses for termination of
programs to include completion of training or studies for students
commenced outside their countries of origin prior to such termination.
1973 -- Pub. L. 93-189 substituted ''eight months'' for ''twelve
months''.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by sections 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under this section, insofar as they relate to
part VIII of subchapter I of this chapter ( 2291 et seq. of this title)
and subchapter II of this chapter ( 2301 et seq. of this title)
delegated to Secretary of State pursuant to section 1-201(a)(17) of Ex.
Ord. No. 12163.
22 USC 2368, 2369. Repealed. Pub. L. 95-424, title VI, 604, Oct. 6,
1978, 92 Stat. 961
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section 2368, Pub. L. 87-195, pt. III, 618, as added Pub. L.
87-565, pt. III, 301(c), Aug. 1, 1962, 76 Stat. 260, related to
payment to the United States regarding the Settlement of Postwar
Economic Assistance to Japan.
A prior section 618 of Pub. L. 87-195, pt. III, Sept. 4, 1961, 75
Stat. 444, relating to economic assistance to Latin America, was
repealed by Pub. L. 87-565, pt. III, 301(c), Aug. 1, 1962, 76 Stat.
260.
Section 2369, Pub. L. 87-195, pt. III, 619, Sept. 4, 1961, 75
Stat. 444, related to assistance to newly independent countries.
Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section 2151
of this title.
22 USC 2370. Prohibitions against furnishing assistance
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Cuba; embargo on all trade
(1) No assistance shall be furnished under this chapter to the
present government of Cuba. As an additional means of implementing and
carrying into effect the policy of the preceding sentence, the President
is authorized to establish and maintain a total embargo upon all trade
between the United States and Cuba.
(2) Except as may be deemed necessary by the President in the
interest of the United States, no assistance shall be furnished under
this chapter to any government of Cuba, nor shall Cuba be entitled to
receive any quota authorizing the importation of Cuban sugar into the
United States or to receive any other benefit under any law of the
United States, until the President determines that such government has
taken appropriate steps according to international law standards to
return to United States citizens, and to entities not less than 50 per
centum beneficially owned by United States citizens, or to provide
equitable compensation to such citizens and entities for property taken
from such citizens and entities on or after January 1, 1959, by the
Government of Cuba.
(b) Repealed. Pub. L. 97-113, title VII, 734(a)(1), Dec. 29, 1981,
95 Stat. 1560
(c) Indebtedness of foreign country to United States citizen or
person
No assistance shall be provided under this chapter to the government
of any country which is indebted to any United States citizen or person
for goods or services furnished or ordered where (i) such citizen or
person has exhausted available legal remedies, which shall include
arbitration, or (ii) the debt is not denied or contested by such
government, or (iii) such indebtedness arises under an unconditional
guaranty of payment given by such government, or any predecessor
government, directly or indirectly, through any controlled entity:
Provided, That the President does not find such action contrary to the
national security.
(d) Productive enterprises competing with United States enterprise;
conditions on assistance; import controls; waiver of restriction by
President
No assistance shall be furnished on a loan basis under part I of
subchapter I of this chapter for construction or operation of any
productive enterprise in any country where such enterprise will compete
with United States enterprise unless such country has agreed that it
will establish appropriate procedures to prevent the exportation for use
or consumption in the United States of more than twenty per centum of
the annual production of such facility during the life of the loan. In
case of failure to implement such agreement by the other contracting
party, the President is authorized to establish necessary import
controls to effectuate the agreement. The restrictions imposed by or
pursuant to this subsection may be waived by the President where he
determines that such waiver is in the national security interest.
(e) Nationalization, expropriation or seizure of property of United
States citizens, or taxation or other exaction having same effect;
failure to compensate or to provide relief from taxes, exactions, or
conditions; report on full value of property by Foreign Claims
Settlement Commission; act of state doctrine
(1) The President shall suspend assistance to the government of any
country to which assistance is provided under this chapter or any other
Act when the government of such country or any government agency or
subdivision within such country on or after January 1, 1962 --
(A) has nationalized or expropriated or seized ownership or control
of property owned by any United States citizen or by any corporation,
partnership, or association not less than 50 per centum beneficially
owned by United States citizens, or
(B) has taken steps to repudiate or nullify existing contracts or
agreements with any United States citizen or any corporation,
partnership, or association not less than 50 per centum beneficially
owned by United States citizens, or
(C) has imposed or enforced discriminatory taxes or other exactions,
or restrictive maintenance or operational conditions, or has taken other
actions, which have the effect of nationalizing, expropriating, or
otherwise seizing ownership or control of property so owned,
and such country, government agency, or government subdivision fails
within a reasonable time (not more than six months after such action,
or, in the event of a referral to the Foreign Claims Settlement
Commission of the United States within such period as provided herein,
not more than twenty days after the report of the Commission is
received) to take appropriate steps, which may include arbitration, to
discharge its obligations under international law toward such citizen or
entity, including speedy compensation for such property in convertible
foreign exchange, equivalent to the full value thereof, as required by
international law, or fails to take steps designed to provide relief
from such taxes, exactions, or conditions, as the case may be; and such
suspension shall continue until the President is satisfied that
appropriate steps are being taken, and provisions of this subsection
shall not be waived with respect to any country unless the President
determines and certifies that such a waiver is important to the national
interests of the United States. Such certification shall be reported
immediately to Congress.
Upon request of the President (within seventy days after such action
referred to in subparagraphs (A), (B), or (C) of this paragraph, the
Foreign Claims Settlement Commission of the United States (established
pursuant to Reorganization Plan No. 1 of 1954, 68 Stat. 1279) is hereby
authorized to evaluate expropriated property, determining the full value
of any property nationalized, expropriated, or seized, or subjected to
discriminatory or other actions as aforesaid, for purposes of this
subsection and to render an advisory report to the President within
ninety days after such request. Unless authorized by the President, the
Commission shall not publish its advisory report except to the citizen
or entity owning such property. There is hereby authorized to be
appropriated such amount, to remain available until expended, as may be
necessary from time to time to enable the Commission to carry out
expeditiously its functions under this subsection.
(2) Notwithstanding any other provision of law, no court in the
United States shall decline on the ground of the federal act of state
doctrine to make a determination on the merits giving effect to the
principles of international law in a case in which a claim of title or
other rights to property is asserted by any party including a foreign
state (or a party claiming through such state) based upon (or traced
through) a confiscation or other taking after January 1, 1959, by an act
of that state in violation of the principles of international law,
including the principles of compensation and the other standards set out
in this subsection: Provided, That this subparagraph shall not be
applicable (1) in any case in which an act of a foreign state is not
contrary to international law or with respect to a claim of title or
other right to property acquired pursuant to an irrevocable letter of
credit of not more than 180 days duration issued in good faith prior to
the time of the confiscation or other taking, or (2) in any case with
respect to which the President determines that application of the act of
state doctrine is required in that particular case by the foreign policy
interests of the United States and a suggestion to this effect is filed
on his behalf in that case with the court.
(f) Prohibition against assistance to Communist countries;
conditions for waiver of restriction by President; enumeration of
Communist countries; removal from application of provisions;
preconditions
(1) No assistance shall be furnished under this chapter, (except
section 2174(b) of this title) to any Communist country. This
restriction may not be waived pursuant to any authority contained in
this chapter unless the President finds and promptly reports to Congress
that: (A) such assistance is vital to the security of the United
States; (B) the recipient country is not controlled by the
international Communist conspiracy; and (C) such assistance will
further promote the independence of the recipient country from
international communism. For the purposes of this subsection, the
phrase ''Communist country'' includes specifically, but is not limited
to, the following countries:
Czechoslovak Socialist Republic,
Democratic People's Republic of Korea,
Estonia,
German Democratic Republic,
Hungarian People's Republic,
Latvia,
Lithuania,
Mongolian People's Republic,
People's Republic of Albania,
People's Republic of Bulgaria,
People's Republic of China,
Polish People's Republic,
Republic of Cuba,
Socialist Federal Republic of Yugoslavia,
Socialist Republic of Romania,
Socialist Republic of Vietnam,
Tibet,
Union of Soviet Socialist Republics (including its captive
constituent republics).
(2) Notwithstanding the provisions of paragraph (1) of this
subsection, the President may remove a country, for such period as the
President determines, from the application of this subsection, and other
provisions which reference this subsection, if the President determines
and reports to the Congress that such action is important to the
national interest of the United States. It is the sense of the Congress
that when consideration is given to authorizing assistance to a country
removed from the application of this subsection, one of the factors to
be weighed, among others, is whether the country in question is giving
evidence of fostering the establishment of a genuinely democratic
system, with respect for internationally recognized human rights.
(g) Use of assistance funds to compensate owners for expropriated or
nationalized property; waiver for land reform programs
Notwithstanding any other provision of law, no monetary assistance
shall be made available under this chapter to any government or
political subdivision or agency of such government which will be used to
compensate owners for expropriated or nationalized property and, upon
finding by the President that such assistance has been used by any
government for such purpose, no further assistance under this chapter
shall be furnished to such government until appropriate reimbursement is
made to the United States for sums so diverted. This prohibition shall
not apply to monetary assistance made available for use by a government
(or a political subdivision or agency of a government) to compensate
nationals of that country in accordance with a land reform program, if
the President determines that monetary assistance for such land reform
program will further the national interests of the United States.
(h) Regulations and procedures to insure aid is not used contrary to
the best interests of the United States
The President shall adopt regulations and establish procedures to
insure that United States foreign aid is not used in a manner which,
contrary to the best interests of the United States, promotes or assists
the foreign aid projects or activities of the Communist-bloc countries.
(i) Repealed. Pub. L. 97-113, title VII, 734(a)(1), Dec. 29, 1981,
95 Stat. 1560
(j) Damage or destruction by mob action of United States property;
termination of assistance
The President shall consider terminating assistance under this
chapter or any other Act to any country which permits, or fails to take
adequate measures to prevent, the damage or destruction by mob action of
United States property within such country, and fails to take
appropriate measures to prevent a recurrence thereof and to provide
adequate compensation for such damage or destruction.
(k) Maximum amount of assistance, including military assistance to
individual countries without approval of or presentation to Congress
Without the express approval of Congress, no assistance shall be
furnished under this chapter to any country for construction of any
productive enterprise with respect to which the aggregate value of
assistance to be furnished by the United States will exceed
$100,000,000, except that this sentence does not apply with respect to
assistance for construction of any productive enterprise in Egypt which
is described in the presentation materials to Congress. Except as
otherwise provided in section 2318 of this title, no military assistance
shall be furnished to any country under this chapter for carrying out
any program, with respect to which the aggregate value of assistance to
be furnished beginning July 1, 1966, by the United States will exceed
$100,000,000 unless such program has been included in the presentation
to the Congress during its consideration of authorizations for
appropriations under this chapter or of appropriations pursuant to
authorizations contained in this chapter. No provision of this chapter
or any other Act shall be construed to authorize the President to waive
the provisions of this subsection.
(l) Institution of investment guaranty program
The President shall consider denying assistance under this chapter to
the government of any less developed country which, after December 31,
1966, has failed to enter into an agreement with the President to
institute the investment guaranty program under section 2194(a)(1) of
this title, providing protection against the specific risks of
inconvertibility under subparagraph (A), and expropriation or
confiscation under subparagraph (B), of such section 2194(a)(1).
(m) Repealed. Pub. L. 97-113, title VII, 734(a)(1), Dec. 29, 1981,
95 Stat. 1560
(n) Repealed. Pub. L. 95-88, title I, 123(b), Aug. 3, 1977, 91
Stat. 541
(o) Exclusion from assistance of countries seizing or imposing
penalties or sanctions against United States fishing vessels
In determining whether or not to furnish assistance under this
chapter, consideration shall be given to excluding from such assistance
any country which hereafter seizes, or imposes any penalty or sanction
against, any United States fishing vessel on account of its fishing
activities in international waters. The provisions of this subsection
shall not be applicable in any case governed by international agreement
to which the United States is a party.
(p) Repealed. Pub. L. 93-559, 44, Dec. 30, 1974, 88 Stat. 1813
(q) Defaults in principal or interest payments on loans; meeting
obligations under loans; notice to Congressional committees
No assistance shall be furnished under this chapter to any country
which is in default, during a period in excess of six calendar months,
in payment to the United States of principal or interest on any loan
made to such country under this chapter, unless such country meets its
obligations under the loan or unless the President determines that
assistance to such country is in the national interest and notifies the
Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate of such determination.
(r) Liability for repayment of principal or interest on loans
outstanding after September 19, 1966
No recipient of a loan made under the authority of this chapter, any
part of which is outstanding on or after September 19, 1966, shall be
relieved of liability for the repayment of any part of the principal of
or interest on such loan.
(s) Restraint of arms races and proliferation of sophisticated
weapons
(1) In order to restrain arms races and proliferation of
sophisticated weapons, and to ensure that resources intended for
economic development are not diverted to military purposes, the
President shall take into account before furnishing development loans,
Alliance loans or supporting assistance to any country under this
chapter, and before making sales under the Agricultural Trade
Development and Assistance Act of 1954, as amended (7 U.S.C. 1691 et
seq.):
(A) the percentage of the recipient or purchasing country's budget
which is devoted to military purposes; and
(B) the degree to which the recipient or purchasing country is using
its foreign exchange or other resources to acquire military equipment.
(2) The President shall report annually to the Speaker of the House
of Representatives and the Committee on Foreign Relations of the Senate
his actions in carrying out this provision.
(t) Diplomatic relations; severance, resumption, and negotiation of
agreements
No assistance shall be furnished under this chapter or any other Act,
and no sales shall be made under the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1691 et seq.), in or to any country
which has severed or hereafter severs diplomatic relations with the
United States or with which the United States has severed or hereafter
severs diplomatic relations, unless (1) diplomatic relations have been
resumed with such country and (2) agreements for the furnishing of such
assistance or the making of such sales, as the case may be, have been
negotiated and entered into after the resumption of diplomatic relations
with such country.
(u) Status of country with respect to obligations to the United
Nations; report to Congress
In any decision to provide or continue to provide any program of
assistance to any country under the Foreign Assistance Act of 1961, as
amended (22 U.S.C. 2151 et seq.), there shall be taken into account the
status of the country with respect to its dues, assessments, and other
obligations to the United Nations; and where such country is delinquent
with respect to any such obligations for the purposes of the first
sentence of Article 19 of the United Nations Charter, the President
shall furnish the Committee on Foreign Relations of the Senate and the
Speaker of the House of Representatives a report setting forth the
assurance given by the government of the country concerned of paying all
of its arrearages and of placing its payments of such obligations on a
current basis, or a full explanation of the unusual or exceptional
circumstances which render it economically incapable of giving such
assurance.
(Pub. L. 87-195, pt. III, 620, Sept. 4, 1961, 75 Stat. 444; Pub. L.
87-565, pt. III, 301(d), Aug. 1, 1962, 76 Stat. 260; Pub. L. 88-205,
pt. III, 301(e), Dec. 16, 1963, 77 Stat. 386; Pub. L. 88-633, pt. III,
301(d)-(g), Oct. 7, 1964, 78 Stat. 1013; Pub. L. 89-171, pt. III, 301(
d), Sept. 6, 1965, 79 Stat. 659; Pub. L. 89-583, pt. III, 301(h), Sept.
19, 1966, 80 Stat. 805, 806; Pub. L. 90-137, pt. III, 301(f), Nov. 14,
1967, 81 Stat. 459; Pub. L. 90-554, pt. III, 301( c), Oct. 8, 1968, 82
Stat. 963; Pub. L. 91-175, pt. III, 303, Dec. 30, 1969, 83 Stat. 820;
Pub. L. 92-226, pt. III, 301, Feb. 7, 1972, 86 Stat. 27; Pub. L.
93-189, 15, Dec. 17, 1973, 87 Stat. 722; Pub. L. 93-559, 22-24, 44,
Dec. 30, 1974, 88 Stat. 1801, 1802, 1813; Pub. L. 94-104, 2(c)(1), (2),
Oct. 6, 1975, 89 Stat. 509; Pub. L. 94-329, title IV, 403, title VI,
606, June 30, 1976, 90 Stat. 757, 768; Pub. L. 95-88, title I, 123(a),
(b), Aug. 3, 1977, 91 Stat. 541; Pub. L. 95-92, 22( d), Aug. 4, 1977,
91 Stat. 624; Pub. L. 95-384, 13(a), Sept. 26, 1978, 92 Stat. 737;
Pub. L. 95-424, title I, 102(g)(2)(F), 115(k), title V, 502(d)(1), Oct.
6, 1978, 92 Stat. 943, 952, 959; Pub. L. 96-533, title II, 203, Dec.
16, 1980, 94 Stat. 3145; Pub. L. 97-113, title VII, 702, 707,
734(a)(1), (13), (b), Dec. 29, 1981, 95 Stat. 1544, 1546, 1560; Pub. L.
99-83, title XII, 1202, 1203, Aug. 8, 1985, 99 Stat. 276, 277.)
This chapter, referred to in subsecs. (a), (c), (e), (f)(1), (g),
(j) to (l), (o), and (q) to (t), was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Reorganization Plan No. 1 of 1954, 68 Stat. 1279, referred to in
subsec. (e)(1), is set out in the Appendix to Title 5, Government
Organization and Employees.
The Agricultural Trade Development and Assistance Act of 1954, as
amended, referred to in subsecs. (s)(1) and (t), is act July 10, 1954,
ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (
1691 et seq.) of Title 7, Agriculture. For complete classification of
this Act to the Code, see Short Title note set out under section 1691 of
Title 7 and Tables.
The Foreign Assistance Act of 1961, as amended, referred to in
subsec. (u), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, which is classified principally to this chapter ( 2151 et
seq.). For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
References to part I of subchapter I of this chapter are deemed to
include a reference to section 2293 of this title. See section 2293(
d)(1) of this title.
Subsec. (x) was omitted pursuant to Pub. L. 95-384, 13(a), Sept.
26, 1978, 92 Stat. 737, which provided that subsec. (x) be of no
further force and effect upon the President's determination and
certification of certain conditions precedent which was made by
Presidential Memorandum dated Sept. 26, 1978. See notes set out below.
1985 -- Subsec. (f). Pub. L. 99-83, 1202, designated existing
provisions as par. (1) and redesignated cls. (1), (2), and (3) as (A),
(B), and (C), respectively, and added par. (2).
Subsec. (g). Pub. L. 99-83, 1203, inserted provisions relating to
waiver of prohibitions in cases of land reform programs.
1981 -- Subsec. (b). Pub. L. 97-113, 734(a)(1), struck out subsec.
(b) which prohibited aid to countries unless the President determined
that they were not dominated by the international Communist movement.
See subsec. (f) of this section.
Subsec. (f). Pub. L. 97-113, 707, substituted ''includes
specifically, but is not limted to'' for ''shall include specifically,
but not be limited to'', repeated in a different sequence the list of
countries included within the phrase ''Communist country'', and
substituted ''Democratic People's Republic of Korea'' for ''North Korean
Peoples Republic'', ''German Democratic Republic'' for ''German
Democratic Republic (East Germany)'', ''Mongolian People's Republic''
for ''Outer Mongolia-Mongolian Peoples Republic'', ''Republic of Cuba''
for ''Cuba'', ''Socialist Federal Republic of Yugoslavia'' for ''Federal
Peoples Republic of Yugoslavia'', ''Socialist Republic of Romania'' for
''Rumanian Peoples Republic'', and ''Socialist Republic of Vietnam'' for
''North Vietnam''.
Subsec. (i). Pub. L. 97-113, 734(a)(1), struck out subsec. (i) which
prohibited aid to countries determined by the President to be engaging
in or prepared for aggressive military efforts, insurrection, or
subversion against the United States or any country receiving United
States aid.
Subsec. (k). Pub. L. 97-113, 702, struck out ''for fiscal year 1977,
fiscal year 1980, or fiscal year 1981'' after ''presentation materials
to Congress''.
Subsec. (m). Pub. L. 97-113, 734(a)(1), struck out subsec. (m) which
prohibited grant assistance, except for International Military Education
and Training, to any economically developed nation capable of sustaining
its own defense burden and economic growth.
Subsec. (s)(1). Pub. L. 97-113, 734(b), substituted in subpar. (B)
''foreign exchange or other resources'' for ''foreign exchange
resources'' and struck out subpar. (C), which directed the President to
take into account the amount spent by the recipient or purchasing
country for the purchase of sophisticated weapons systems, such as
missile systems and jet aircraft for military purposes, from any
country.
1980 -- Subsec. (k). Pub. L. 96-533 exempted from express
Congressional approval productive enterprises in Egypt described in the
presentation to Congress for fiscal years 1980 and 1981.
1978 -- Subsec. (d). Pub. L. 95-424, 102(g)(2)(F), substituted ''on
a loan basis under part I of subchapter I of this chapter'' for ''under
section 2161 of this title''.
Subsec. (l). Pub. L. 95-424, 115(k), substituted ''2194(a)(1)'' for
''2181(b)(1)'' in two places.
Subsec. (w). Pub. L. 95-424, 502(d)(1), struck out subsec. (w)
relating to suspension and future resumption of military, economic,
etc., assistance to the Government of Pakistan.
1977 -- Subsec. (a)(1). Pub. L. 95-88, 123(a)(1), struck out
provision that no assistance be furnished to any country which furnished
assistance to the government of Cuba unless the President determined
that assistance to the supplying country was in the national interest of
the United States.
Subsec. (a)(3). Pub. L. 95-88, 123(a)(2), struck out par. (3) which
had directed that no funds be used to furnish assistance to countries
which had not taken steps to prevent ships or aircraft of their registry
from transporting equipment, materials, or commodities to Cuba.
Subsec. (n). Pub. L. 95-88, 123(b), struck out subsec. (n) which had
prohibited the giving of aid to countries that sold or furnished to
North Vietnam, or permitted their ships or aircraft to carry to or from
North Vietnam, equipment, materials, or commodities, unless the
President determined that the giving of aid was in the national
interest.
Subsec. (x)(1). Pub. L. 95-92 substituted ''1978'' for ''1976, the
period beginning July 1, 1976, and ending September 30, 1976, and the
fiscal year 1977,'' and provisions authorizing $175,000,000 during the
fiscal year 1978 for Turkey as the total value of defense articles and
services sold to such country, for provisions authorizing $125,000,000
during the fiscal year 1976, and the period beginning July 1, 1976, and
ending Sept. 30, 1976, and $125,000,000 during the fiscal year 1977 for
Turkey as the total value of defense articles and services sold to such
country.
1976 -- Subsec. (k). Pub. L. 94-329, 606, inserted provision
exempting from the condition of express approval of Congress any
productive enterprise in Egypt which is described in the presentation to
Congress for fiscal year 1977.
Subsec. (x)(1). Pub. L. 94-329, 403, further modified existing
restrictions on assistance to Turkey by allowing the procurement under
specified conditions of $125 million in defense articles and defense
services by Turkey, provided that the President determines that such
articles and services are necessary to enable Turkey to fulfill her
defense responsibilities as a member of the North Atlantic Treaty
Organization.
1975 -- Subsec. (x). Pub. L. 94-104 redesignated existing provisions
as par. (1), substituted provisions authorizing the President to
suspend the provisions of this section and of section 2753(c) of this
title with respect to sales, credits, and guaranties under the Foreign
Military Sales Act, for the procurement of defense articles and services
certified by the President to be necessary to enable Turkey to fulfill
her defense responsibilities as a member of NATO and that such
suspension shall be effective only while Turkey observes the cease-fire
and neither increases its forces on Cyprus nor transfers to Cyprus any
United States supplied arms, ammunition, and implements of war for
provisions authorizing the President to suspend the provisions of this
section and certain other Acts if he determined that such suspension
would further negotiations for a peaceful solution of the Cyprus
conflict and that such suspension shall be effective only until Feb. 5,
1975, and if, during that time, Turkey observed cease-fire and neither
increased its forces on Cyprus nor transferred to Cyprus any United
States supplied implements of war, and added par. (2).
1974 -- Subsec. (n). Pub. L. 93-559, 23, authorized assistance when
determined by the President to be in the national interest of the United
States.
Subsec. (p). Pub. L. 93-559, 44, repealed subsec. (p) relating to
assistance to United Arab Republic if essential to national interest of
United States, and without any aid to aggressive actions by the United
Arab Republic, and reports to Congressional committees.
Subsec. (v). Pub. L. 93-559, 24, repealed subsec. (v) relating to
prohibition against assistance to Greece, waiver of the restriction by
the President, report to Congress, and fiscal year limitation of
assistance made available to Greece.
Subsec. (x). Pub. L. 93-559, 22, added subsec. (x).
1973 -- Subsec. (e)(1). Pub. L. 93-189 substituted ''the provisions
of this subsection shall not be waived with respect to any country
unless the President determines and certifies that such a waiver is
important to the national interest of the United States. Such
certification shall be reported immediately to Congress'', for ''no
other provision of this chapter shall be so construed to authorize the
President to waive the provisions of this subsection''.
1972 -- Subsecs. (v), (w). Pub. L. 92-226 added subsecs. (v) and
(w).
1969 -- Subsec. (s). Pub. L. 91-175, 303(a), struck out provision
empowering President to terminate assistance when he finds it is being
diverted to military expenditures, continued provision requiring
President to take military expenditures into account when furnishing
assistance under this chapter and under the Agricultural Trade
Development and Assistance Act of 1954, as amended, inserted provision
requiring President to take into account amount spent by recipient on
sophisticated weapons systems, and inserted provision requiring
President to report annually to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate his
actions in carrying out this section.
Subsec. (v). Pub. L. 91-175, 303(b), repealed subsec. (v) covering
the withholding of assistance to countries with expenditures for weapons
systems. See subsec. (s) of this section.
1968 -- Subsec. (v). Pub. L. 90-554, added subsec. (v).
1967 -- Subsec. (j). Pub. L. 90-137, 301(f)(1), substituted
provisions for termination of assistance to countries because of damage
or destruction by mob action of United States property (incorporated
from former penultimate paragraph of section 2151 of this title) for
former provisions for assistance to Indonesia if essential to national
interests of United States and reports thereof to Congress.
Subsec. (k). Pub. L. 90-137, 301(f)(2), substituted ''506'' for
''510'', classified to the Code as section 2318 of this title.
Subsec. (n). Pub. L. 90-137, 301(f)(3), restated the prohibition
against assistance to define the kind of assistance meant, that is,
loans, credits, guarantees, or grants or other assistance, to extend the
prohibition to assistance under any other Act and to sales under the
Agricultural Trade Development and Assistance Act of 1954, and to
eliminate specific reference to such items of transportation as items of
economic assistance, and war materials, such as arms, ammunition and
implements of war, atomic energy materials, petroleum, transportation
materials of strategic value, and items of primary strategic
significance used in production of arms, ammunition, and implements of
war.
Subsecs. (s) to (u). Pub. L. 90-137, 301(f)(4), added subsecs. (s)
to (u).
1966 -- Subsec. (i). Pub. L. 89-583, 301(h)(1), provided for denial
of assistance to any country which hereafter is officially represented
at any international conference when that representation includes
planning of activities involving insurrection or subversion, which
military efforts, insurrection, or subversion are directed as described
in the subsec., for Executive determination that such representation has
ceased and for report to Congress that such representation will not be
renewed or repeated.
Subsec. (k). Pub. L. 89-583, 301(h)(2), made permanent the temporary
(calendar year 1965) prohibition against the initiation of projects
exceeding $100,000,000 without the express approval of Congress and
included military assistance amounting in the aggregate to more than
$100,000,000.
Subsec. (l). Pub. L. 89-583, 301(h)(3), substituted ''The President
shall consider denying assistance under this chapter to the government
of any less developed country which, after December 31, 1966,'' for ''No
assistance shall be provided under this chapter after December 31, 1966,
to the government of any less developed country which''.
Subsec. (n). Pub. L. 89-583, 301(h)(4), substituted ''no assistance
shall be furnished'' and ''September 19, 1966'' for ''the President
shall consider denying assistance'' and ''September 6, 1965'',
respectively.
Subsecs. (p) to (r). Pub. L. 89-583, 301(h)(5), added subsecs. (p)
to (r).
1965 -- Subsec. (e)(2). Pub. L. 89-171, 301(d)(2), substituted
''other right to property'' for ''other right'' in two places and
deleted cl. (3) which made this subparagraph inapplicable in any case
in which the proceedings are commenced after Jan. 1, 1966.
Subsec. (l). Pub. L. 89-171, 301(d)(3), substituted ''December 31,
1966'' for ''December 31, 1965''.
Subsecs. (n), (o). Pub. L. 89-171, 301(d)(4), added subsecs. (n) and
(o).
1964 -- Subsec. (e). Pub. L. 88-633, 301(d), designated existing
provisions as par. (1), redesignated subpars. (1) to (3) thereof as
subpars. (A) to (C), substituted therein ''subparagraphs (A), (B), or
(C) of this paragraph'' for ''paragraphs (1), (2), or (3) of this
subsection'', and added par. (2).
Subsec. (f). Pub. L. 88-633, 301(e), inserted ''(including its
captive constituent republics)'' after ''Union of Soviet Socialist
Republics''.
Subsec. (k). Pub. L. 88-633, 301(f), substituted ''1965'' for
''1964'' in two places.
Subsec. (m). Pub. L. 88-633, 301(g), substituted ''during each fiscal
year'' for ''during fiscal year 1964'' and ''$500,000'' for
''$1,000,000''.
1963 -- Subsec. (a). Pub. L. 88-205, 301(e)(1), designated existing
provisions as par. (1) and added pars. (2) and (3).
Subsec. (e). Pub. L. 88-205, 301(e)(2), empowered the President to
suspend assistance provided under any other act as well as under this
chapter, inserted references to the repudiation or nullification of
existing contracts or agreements with U.S. citizens or corporations,
partnerships or associations not less than 50 percent beneficially owned
by U.S. citizens, substituted ''in the event of a referral to the
Foreign Claims Settlement Commission of the United States within such
period as provided herein, not more than twenty days after the report of
the Commission is received'' for ''after August 1, 1962, whichever is
later'', required compensation for property to be ''equivalent to the
full value thereof'', and authorized the Foreign Claims Settlement
Commission to determine the full value of property nationalized,
expropriated, or seized upon the President's request, and to render an
advisory report to him thereon.
Subsecs. (i) to (m). Pub. L. 88-205, 301(e)(3), added subsecs. (i)
to (m).
1962 -- Subsec. (a). Pub. L. 87-565, 301(d)(1), prohibited
assistance to any country which furnishes assistance to the present
government of Cuba unless the President determines that such assistance
is in the national interest of the United States.
Subsec. (c). Pub. L. 87-565, 301(d)(2), extended the prohibition
against providing assistance to cases where the goods or services have
been ordered, and where the indebtedness arises under an unconditional
guaranty of payment, provided the President does not find such action
contrary to the national security, and inserted ''which shall include
arbitration'' after ''exhausted available legal remedies''.
Subsecs. (e) to (h). Pub. L. 87-565, 301(d)(3), added subsecs. (e)
to (h).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Section 2(c)(5) of Pub. L. 94-104 provided that: ''This subsection
(amending this section) shall become effective only upon enactment of
foreign assistance legislation authorizing sales, credits, and
guaranties under the Foreign Military Sales Act (section 2751 et seq.
of this title) for fiscal year 1976.''
Pub. L. 95-92, 22(d), Aug. 4, 1977, 91 Stat. 624, cited as a credit
to this section, was repealed by Pub. L. 97-113, title VII, 734(a)(13),
Dec. 29, 1981, 95 Stat. 1560.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with the
exception of subsecs. (a), (d), and (x) and certain other exceptions,
by sections 1-102(a)(1), (e) and 1-701(a) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under subsecs. (c), (e) to (g), (j), (q), and
(s) delegated to Secretary of State with those under subsecs. (e), (g),
(j), (q), and (s) to be exercised in consultation with Director of the
United States International Development Cooperation Agency by section
1-201(a)(12), (b) of Ex. Ord. No. 12163.
Pub. L. 97-113, title VII, 725(b), (c), Dec. 29, 1981, 95 Stat.
1553, relating to the provision of assistance and credits, loan
guarantees, defense articles and services, export licenses, etc., by the
United States to Argentina, was repealed by Pub. L. 101-162, title V,
Nov. 21, 1989, 103 Stat. 1030.
Section 726(b), (c) of Pub. L. 97-113, as amended by Pub. L.
99-83, title VII, 715, Aug. 8, 1985, 99 Stat. 247; Pub. L. 101-513,
title V, 544(b), Nov. 5, 1990, 104 Stat. 2019, provided that:
''(b) Notwithstanding any other provision of law --
''(1) no assistance may be furnished under chapter 2, 4, 5, or 6 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.,
2346 et seq., 2347 et seq., 2348 et seq.) to Chile;
''(2) no sale of defense articles or services may be made under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) to Chile;
''(3) no credits (including participation in credits) may be extended
and no loan may be guaranteed under the Arms Export Control Act (22
U.S.C. 2751 et seq.) with respect to Chile; and
''(4) no export licenses may be issued under section 38 of the Arms
Export Control Act (22 U.S.C. 2778) to or for the Government of Chile;
unless and until the President submits to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate a detailed report certifying --
''(A) that the Government of Chile has made significant progress in
complying with internationally recognized principles of human rights;
''(B) that the provision of such assistance, articles or services is
in the national interest of the United States; and
''(C) that the Government of Chile is not aiding or abetting
international terrorism and has taken appropriate steps to cooperate to
bring to justice by all legal means available in the United States or
Chile those indicted by a United States grand jury in connection with
the murders of Orlando Letelier and Ronni Moffitt.
''(c) The prohibition contained in subsection (b) does not prohibit
the sale, or the licensing for export, of cartridge actuated devices,
propellant actuated devices, components, parts, tools, technical
manuals, time compliance to technical orders (TCTOs), or TCTO retrofits
for aircraft of the F-5E/F, A/T-37, or C-130E/H type owned by the
Chilean Air Force, so long as the items are provided only for purposes
of enhancing the safety of the aircraft crew.''
(Functions of President under section 726(b) of Pub. L. 97-113, set
out above, delegated to Secretary of State, see section 1-201(a)(22) of
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out
as a note under section 2381 of this title.)
Section 406 of Pub. L. 94-329, as amended by Pub. L. 95-384, 10(
b)(5), 12(c)(5), Sept. 26, 1978, 92 Stat. 735, 737, which set forth
limitations with respect to assistance, sales and credit for Chile, was
repealed by Pub. L. 97-113, title VII, 726(a), Dec. 29, 1981, 95 Stat.
1554.
Section 25 of Pub. L. 93-559, which provided that notwithstanding
any other provision of law, the total amount of assistance that was to
be made available for Chile under this chapter, and the Foreign Military
Sales Act, section 2751 et seq. of this title, during fiscal year 1975,
was not to exceed $25,000,000, none of which was to be made available
for the purpose of providing military assistance (including security
supporting assistance, sales, credit sales, or guaranties or the
furnishing by any means of excess defense articles or items from
stockpiles of the Department of Defense), was repealed by Pub. L.
97-113, title VII, 734(a)(8), Dec. 29, 1981, 95 Stat. 1560.
Pub. L. 101-513, title V, 531, Nov. 5, 1990, 104 Stat. 2009,
provided that:
''(a) Statement of Policy. -- United States military assistance to
the Government of El Salvador shall seek three principal foreign policy
objectives, as follows: (1) to promote a permanent settlement and
cease-fire to the conflict in El Salvador, with the Secretary General of
the United Nations serving as an active mediator between the opposing
parties; (2) to foster greater respect for basic human rights, and the
rule of law; and (3) to advance political accommodation and national
reconciliation.
''(b) Maximum Level of Military Assistance. -- Of the funds available
for United States military assistance for fiscal year 1991, not more
than $85,000,000 shall be made available for El Salvador.
''(c) Prohibition of Military Assistance. -- (1) Prohibition. --
Subject to paragraph (2), no United States military assistance may be
furnished to the Government of El Salvador if the President determines
and reports in writing to the Congress that --
''(A) after he has consulted with the Secretary General of the United
Nations, the Government of El Salvador has declined to participate in
good faith in negotiations for a permanent settlement and cease-fire to
the armed conflict of El Salvador;
''(B) the Government of El Salvador has rejected or otherwise failed
to support an active role for the Secretary General of the United
Nations in mediating that settlement;
''(C) the Government of El Salvador has rejected a plan for the
settlement of the conflict which --
''(i) has been put forward by the Secretary General of the United
Nations in accordance with the terms and procedures in the April 4, 1990
Geneva Communique and the May 21, 1990 Caracas Accord between the
Government of El Salvador and the FMLN;
''(ii) includes a proposal for an internationally monitored
cease-fire; and
''(iii) has been accepted, within 15 days from its announcement, by
the FMLN and is being complied with by the FMLN;
''(D) the Government of El Salvador has failed to conduct a thorough
and professional investigation into, and prosecution of those
responsible for the eight murders at the University of Central America
on November 16, 1989; or
''(E) the military and security forces of El Salvador are
assassinating or abducting civilian noncombatants, are engaging in other
acts of violence directed at civilian targets, or are failing to control
such activities by elements subject to the control of those forces; or
''(F) the Government of El Salvador has failed to actively seek and
encourage a law enforcement service from outside El Salvador, such as
Scotland Yard or INTERPOL, to accompany and monitor investigators of the
Government of El Salvador in their investigation into the eight murders
at the University of Central America on November 16, 1989.
''(2) Requirement for resumption of assistance. -- Assistance
prohibited under paragraph (1) may only be resumed pursuant to a law
subsequently enacted by the Congress.
''(d) Withholding of Military Assistance. -- (1) In General. -- Fifty
per centum of the total United States military assistance allocated for
El Salvador for fiscal year 1991 shall be withheld from obligation or
expenditure (as the case may be) except as provided in paragraphs (2)
and (3).
''(2) Release of Assistance. -- The United States military assistance
withheld pursuant to paragraph (1) may be obligated and expended only if
the President determines and reports in writing to the Congress that --
''(A) after he has consulted with the Secretary General of the United
Nations, the representatives of the FMLN --
''(i) have declined to participate in good faith in negotiations for
a permanent settlement and cease-fire to the armed conflict in El
Salvador, or
''(ii) have rejected or otherwise failed to support an active role
for the Secretary General of the United Nations in mediating that
settlement;
''(B) the FMLN has rejected a plan for the settlement of the conflict
which --
''(i) has been put forward by the Secretary General of the United
Nations in accordance with the terms and procedures in the April 4, 1990
Geneva Communique and the May 21, 1990 Caracas Accord between the
Government of El Salvador and the FMLN;
''(ii) includes a proposal for an internationally monitored
cease-fire; and
''(iii) has been accepted, within 15 days from its announcement, by
the Government of El Salvador and is being complied with by the
Government of El Salvador;
''(C) the survival of the constitutional Government of El Salvador is
being jeopardized by substantial and sustained offensive military
actions or operations by the FMLN;
''(D) proof exists that the FMLN is continuing to acquire or receive
significant shipments of lethal military assistance from outside El
Salvador, and this proof has been shared with the Congress; or
''(E) the FMLN is assassinating or abducting civilian noncombatants,
is engaging in other acts of violence directed at civilian targets, or
is failing to control such activities by elements subject to FMLN
control.
''(3) Exception. -- Notwithstanding any other provision of law, funds
withheld pursuant to paragraph (1) of this subsection may be disbursed
to pay the cost of any contract penalties which may be incurred as a
result of such withholding of funds under this subsection.
''(e) Condition for Termination of All United States Assistance. --
(1) Prohibition. -- Subject to paragraph (2), no United States
assistance may be furnished to El Salvador if the duly-elected head of
Government of El Salvador is deposed by military coup or decree.
''(2) Requirement for Resumption of Assistance. -- Assistance
prohibited under paragraph (1) may only be resumed pursuant to a law
subsequently enacted by the Congress.
''(f) Establishment of a Fund for Cease-Fire Monitoring,
Demobilization, and Transition to Peace. -- (1) Establishment of Fund.
-- There is hereby established in the Treasury of the United States a
fund to assist with the costs of monitoring a permanent settlement of
the conflict, including a cease-fire, and the demobilization of
combatants in the conflict in El Salvador, and their transition to
peaceful pursuits, which shall be known as the 'Demobilization and
Transition Fund' (hereafter in this section referred to as the 'Fund').
Amounts in this Fund shall be available for obligation and expenditure
only upon notification by the President to the Congress that the
Government of El Salvador and representatives of the FMLN have reached a
permanent settlement of the conflict, including a final agreement on a
cease-fire.
''(2) Transfer of Certain Military Assistance Funds. -- Upon
notification of the Congress of a permanent settlement of the conflict,
including an agreement on a cease-fire, or on September 30, 1991, if no
such notification has occurred prior to that date, the President shall
transfer to the Fund any United States military assistance funds
withheld pursuant to subsection (d) of this section.
''(3) Use of the Fund. -- Notwithstanding any other provision of law,
amounts in the Fund shall be available for El Salvador solely to support
costs of demobilization, retraining, relocation, and reemployment in
civilian pursuits of former combatants in the conflict in El Salvador,
and of the monitoring of the permanent settlement and cease-fire.
''(4) Duration of Availability of Funds. -- Notwithstanding any other
provision of law, amounts transferred to the Fund shall remain available
until expended.
''(g) Strengthening Civilian Control Over the Military. -- In order
to strengthen the control of the democratically-elected civilian
Government of El Salvador over the armed forces of that country, United
States military assistance for any fiscal year may be delivered to the
armed forces of El Salvador only with the prior approval of the duly
elected President of El Salvador.
''(h) Support for Democracy. -- (1) Establishing a Program. -- The
Secretary of State, through agreement with the National Endowment for
Democracy or other qualified organizations, shall establish and carry
out a program of education, training, and dialogue for the purpose of
strengthening democratic political and legal institutions in El
Salvador.
''(2) Election Monitoring. -- Of the amounts made available to carry
out this subsection, up to $2,000,000 may be used for support for
monitoring the 1991 municipal and National Assembly elections in El
Salvador, and for monitoring the registration and campaign processes
leading up to those elections, by appropriate organizations such as the
United Nations, the Organization of American States, the Carter Center,
the National Democratic Institute for International Affairs, the
National Republican Institute for International Affairs, and the Center
for Electoral Assistance and Promotion (CAPEL) of San Jose, Costa Rica.
''(3) Assistance. -- Up to $10,000,000 of funds appropriated under
the heading 'Economic Support Fund' for fiscal year 1991 may be used to
carry out this subsection.
''(i) Reporting Requirements. -- Sixty days after the date of
enactment of this Act (Nov. 5, 1990) and every 180 days thereafter, the
President shall submit to the Congress a report describing --
''(1) the willingness or unwillingness of the Government of El
Salvador and the FMLN to negotiate seriously and in good faith for the
purpose of achieving a permanent settlement to the conflict in El
Salvador, including a cease-fire, and providing appropriate information
regarding criteria described in subsections (c) and (d)(2); and
''(2) the status of investigations into the politically motivated
murders listed in section 538 of this Act (Pub. L. 101-513, title V,
Nov. 5, 1990, 104 Stat. 2017).
''(j) Definitions. -- For purposes of this section --
''(1) the term 'United States assistance' has the same meaning as is
given to such term by section 481(i)(4) of the Foreign Assistance Act of
1961 (22 U.S.C. 2291(i)(4)) and includes United States military
assistance as defined in paragraph (2); and
''(2) the term 'United States military assistance' means --
''(A) assistance to carry out chapter 2 (relating to grant military
assistance) or chapter 5 (relating to international military education
and training) of part II of the Foreign Assistance Act of 1961 (22 U.S.
C. 2311 et seq., 2347 et seq.); and
''(B) assistance to carry out section 23 of the Arms Export Control
Act (22 U.S.C. 2763).''
(For Presidential determination required by section 531(d) of Pub.
L. 101-513, set out above, and for delegation of functions of President
under section 531(i) of Pub. L. 101-513, see Determination of President,
No. 91-15, Jan. 15, 1991, 56 F.R. 4713.)
Section 728 of Pub. L. 97-113, as amended by Pub. L. 97-233, Aug.
10, 1982, 96 Stat. 260; Pub. L. 98-53, July 15, 1983, 97 Stat. 287,
provided that:
''(a)(1) The Congress finds that peaceful and democratic development
in Central America is in the interest of the United States and of the
community of American States generally, that the recent civil strife in
El Salvador has caused great human suffering and disruption to the
economy of that country, and that substantial assistance to El Salvador
is necessary to help alleviate that suffering and to promote economic
recovery within a peaceful and democratic process. Moreover, the
Congress recognizes that the efforts of the Government of El Salvador to
achieve these goals are affected by the activities of forces beyond its
control.
''(2) Taking note of the substantial progress made by the Government
of El Salvador in land and banking reforms, the Congress declares it
should be the policy of the United States to encourage and support the
Government of El Salvador in the implementation of these reforms.
''(3) The United States also welcomes the continuing efforts of
President Duarte and his supporters in the Government of El Salvador to
establish greater control over the activities of members of the armed
forces and government security forces. The Congress finds that it is in
the interest of the United States to cooperate with the Duarte
government in putting an end to violence in El Salvador by extremist
elements among both the insurgents and the security forces, and in
establishing a unified command and control of all government forces.
''(4) The United States supports the holding of free, fair, and open
elections in El Salvador at the earliest date. The Congress notes the
progress being made by the Duarte government in this area, as evidenced
by the appointment of an electoral commission.
''(b) In fiscal year 1982 and 1983, funds may be obligated for
assistance for El Salvador under chapter 2 or 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq., 2347 et seq.),
letters of offer may be issued and credits and guarantees may be
extended for El Salvador under the Arms Export Control Act (22 U.S.C.
2751 et seq.), and members of the Armed Forces may be assigned or
detailed to El Salvador to carry out functions under the Foreign
Assistance Act of 1961 (this chapter) or the Arms Export Control Act,
only if not later than thirty days after the date of enactment of this
Act (Dec. 29, 1981) and every one hundred and eighty days thereafter,
the President makes a certification in accordance with subsection (d).
''(c) If the President does not make such such (sic) a certification
at any of the specified times then the President shall immediately --
''(1) suspend all expenditures of funds and other deliveries of
assistance for El Salvador which were obligated under chapters 2 and 5
of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et
seq., 2347 et seq.) after the date of enactment of this Act (Dec. 29,
1981);
''(2) withhold all approvals for use of credits and guarantees for El
Salvador which were extended under the Arms Export Control Act (22
U.S.C. 2751 et seq.) after the date of enactment of this Act (Dec. 29,
1981);
''(3) suspend all deliveries of defense articles, defense services,
and design and construction services to El Salvador which were sold
under the Arms Export Control Act (22 U.S.C. 2751 et seq.) after the
date of enactment of this Act (Dec. 29, 1981); and
''(4) order the prompt withdrawal from El Salvador of all members of
the Armed Forces performing defense services, conducting international
military education and training activities, or performing management
functions under section 515 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321i).
Any suspension of assistance pursuant to paragraphs (1) through (4)
of this subsection shall remain in effect during fiscal year 1982 and
during fiscal year 1983 until such time as the President makes a
certification in accordance with subsection (d).
''(d) The certification required by subsection (b) is a certification
by the President to the Speaker of the House of Representatives and to
the chairman of the Committee on Foreign Relations of the Senate of a
determination that the Government of El Salvador --
''(1) is making a concerted and significant effort to comply with
internationally recognized human rights;
''(2) is achieving substantial control over all elements of its own
armed forces, so as to bring to an end the indiscriminate torture and
murder of Salvadoran citizens by these forces;
''(3) is making continued progress in implementing essential economic
and political reforms, including the land reform program;
''(4) is committed to the holding of free elections at an early date
and to that end has demonstrated its good faith efforts to begin
discussions with all major political factions in El Salvador which have
declared their willingness to find and implement an equitable political
solution to the conflict, with such solution to involve a commitment to
--
''(A) a renouncement of further military or paramilitary activity;
and
''(B) the electoral process with internationally recognized
observers.
Each such certification shall discuss fully and completely the
justification for making each of the determinations required by
paragraphs (1) through (4).
''(e) On making the first certification under subsection (b) of this
section, the President shall also certify to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate that he has determined that the Government of El Salvador
has made good faith efforts both to investigate the murders of the six
United States citizens in El Salvador in December 1980 and January 1981
and to bring to justice those responsible for those murders. The second
certification required under this section may be made only if it
includes a determination by the President that the Government of El
Salvador (1) has made good faith efforts since the first such
certification was made to investigate the murders of those six United
States citizens and to bring to justice those responsible for those
murders, and (2) has taken all reasonable steps to investigate the
disappearance of journalist John Sullivan in El Salvador in January
1981. The fourth certification required under this section may be made
only if it includes a determination by the President that, since the
third such certification was made, the Government of El Salvador (1) has
made good faith efforts both to investigate the murders of the seven
United States citizens in El Salvador in December 1980 and January 1981
and to bring to justice all those responsible for those murders, and (2)
has taken all reasonable steps to investigate the killing of Michael
Kline in El Salvador in October 1982.''
(Functions of the President under section 728(e) of Pub. L. 97-113,
set out above, delegated to Secretary of State, see Memorandum of
President, Aug. 10, 1982, 47 F.R. 38099.)
(For Presidential certification required by section 728(b), (d), (e)
of Pub. L. 97-113, set out above, for assistance to El Salvador, see
Determination of President, No. 82-4, Jan. 28, 1982, 47 F.R. 6417.)
Section 315 of Pub. L. 96-533 provided: ''Notwithstanding section
620(r) of the Foreign Assistance Act of 1961 (subsec. (r) of this
section), the President may, after consultation with the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives, make arrangements at his discretion for
the assumption by the recipient members of the Caribbean Development
Bank of any loans made to the Bank under the authority of that Act (this
chapter).''
to Congress
Section 714 of Pub. L. 96-533, which required reports respecting
Soviet military activity in Cuba, was repealed by Pub. L. 97-113, title
VII, 734(a)(2), Dec. 29, 1981, 95 Stat. 1560.
Pub. L. 95-426, title VI, 613, Oct. 7, 1978, 92 Stat. 990, as
amended by Pub. L. 97-241, title V, 505(a)(2), (b)(1), Aug. 24, 1982,
96 Stat. 299, provided that: ''The Congress finds that --
''(1) the President authorized the exchange of notes of May 30, 1977,
between the Governments of the United States and Cuba which established
an Interests Section for the United States in the Embassy of Switzerland
in Havana and an Interests Section for Cuba in the Embassy of
Czechoslovakia in Washington;
''(2) the President has the authority under the Export Administration
Act of 1969 (section 2401 et seq. of the Appendix to Title 50, War and
National Defense) to limit trade with Cuba being conducted by
subsidiaries of American firms operating in third countries;
''(3) the President has the power to sever all diplomatic and
economic relations with Cuba; and
''(4) there has been a sharp increase in the number of Cuban military
personnel serving in Africa in the past year.''
and Certification to Congress by President of Military
Cooperation as in Best Interests of United States and
NATO
Pub. L. 95-384, 13(a), Sept. 26, 1978, 92 Stat. 737, provided that:
''Section 620(x) of the Foreign Assistance Act of 1961 (subsec. (x) of
this section) shall be of no further force and effect upon the
President's determination and certification to the Congress that the
resumption of full military cooperation with Turkey is in the national
interest of the United States and in the interest of the North Atlantic
Treaty Organization and that the Government of Turkey is acting in good
faith to achieve a just and peaceful settlement of the Cyprus problem,
the early peaceable return of refugees to their homes and properties,
and continued removal of Turkish military troops from Cyprus in the
context of a solution to the Cyprus problem, and the early serious
resumption of inter-communal talks aimed at a just, negotiated
settlement.''
Memorandum of the President of the United States, dated Sept. 26,
1978, provided:
Pursuant to the authority vested in me by Section 13(a) of the
International Security Assistance Act of 1978, I hereby determine and
certify:
(1) that the resumption of full military cooperation with Turkey is
in the national interest of the United States and in the interest of the
North Atlantic Treaty Organization; and
(2) that the Government of Turkey is acting in good faith to achieve
a just and peaceful settlement of the Cyprus problem, the early
peaceable return of refugees to their homes and properties, and
continued removal of Turkish military troops from Cyprus in the context
of a solution to the Cyprus problem, and the early serious resumption of
inter-communal talks aimed at a just, negotiated settlement.
You are requested on my behalf to report this determination and
certification to the Congress.
This determination and certification shall be published in the
Federal Register.
Jimmy Carter.
Section 25 of Pub. L. 95-92, which required a Presidential
determination that furnishing aid to Zaire during fiscal year 1978 was
in the national interest and submission to the Congress of a
Presidential certification for such aid, was repealed by Pub. L.
97-113, title VII, 734(a)(13), Dec. 29, 1981, 95 Stat. 1560.
Section 27 of Pub. L. 93-559, which provided that the total amount
of assistance provided under this chapter and of credit sales made or
guaranteed under the Foreign Military Sales Act, section 2751 et seq.
of this title, for India was not to exceed $50,000,000 in fiscal year
1975, was repealed by Pub. L. 97-113, title VII, 734(a)(8), Dec. 29,
1981, 95 Stat. 1560.
Section 26 of Pub. L. 93-559, which provided that the aggregated
amount of funds obligated or reserved for military assistance, including
supply operations, under part II of subchapter II of this chapter, the
acquisition cost of excess defense articles, if any, ordered under
subchapter II of this chapter and not charged against appropriations for
military assistance, credits including participations in credits,
extended pursuant to section 2763 of this title, and the principal
amount of loans guaranteed pursuant to section 2764(a) of this title,
with respect to South Korea was not to exceed $145,000,000 for fiscal
year 1975 until the President submitted a report to the Congress after
Dec. 30, 1974, stating that the government of South Korea was making
substantial progress in the observance of internationally recognized
standards of human rights, after which the aggregate amount described
above, with respect to South Korea, was not to exceed $165,000,000 for
fiscal year 1975, with provisions of sections 2318 and 2364 of this
title, or of any other law, not to be used to exceed these limitations,
was repealed by Pub. L. 97-113, title VII, 734(a)(8), Dec. 29, 1981,
95 Stat. 1560.
Section 56 of Pub. L. 93-559 provided that: ''It is the sense of
the Congress that any country receiving assistance under the Foreign
Assistance Act of 1961 (this chapter) which is in default, at least 90
days prior to the date of enactment of this Act (Dec. 30, 1974), of any
payment of principal or interest due on any loan or credit received from
the United States shall promptly pay all such principal and interest.
It is further the sense of the Congress that the President shall
promptly enter into negotiations with each such country to help
effectuate the payment of such principal and interest, or to effectuate
the transfer by such country to the United States of goods, services,
concessions, or actions beneficial to the United States, in lieu of the
payment of such principal and interest.''
Pub. L. 91-194, title I, 109, Feb. 9, 1970, 84 Stat. 8, provided
that:
''(a) No assistance shall be furnished to any nation, whose
government is based upon that theory of government known as communism
under the Foreign Assistance Act of 1961, as amended (this chapter), for
any arms, ammunition, implements of war, atomic energy materials, or any
articles, materials, or supplies, such as petroleum, transportation
materials of strategic value, and items of primary strategic
significance used in the production of arms, ammunition, and implements
of war, contained on the list maintained by the Administrator pursuant
to title I of the Mutual Defense Assistance Control Act of 1951, as
amended (section 1611 et seq. of this title).
''(b) No economic assistance shall be furnished to any nation whose
government is based upon that theory of government known as communism
under the Foreign Assistance Act of 1961, as amended (this chapter)
except section 214(b) (section 2174(b) of this title), unless the
President determines that the withholding of such assistance would be
contrary to the national interest and reports such determination to the
House of Representatives and the Senate. Reports made pursuant to this
subsection shall be published in the Federal Register within seven days
of submission to the committees and shall contain a statement by the
President of the reasons for such determination.''
Similar provisions were contained in Pub. L. 87-872, title I, 109,
Oct. 23, 1962, 76 Stat. 1165; Pub. L. 88-272, title I, 109, Jan. 6,
1964, 77 Stat. 859; Pub. L. 88-634, title I, 109, Oct. 7, 1964, 78
Stat. 1018; Pub. L. 89-273, title I, 109, Oct. 20, 1965, 79 Stat.
1004; Pub. L. 89-691, title I, 109, Oct. 15, 1966, 80 Stat. 1020;
Pub. L. 90-249, title I, 109, Jan. 2, 1968, 81 Stat. 939; Pub. L.
90-581, title I, 109, Oct. 17, 1968, 82 Stat. 1140.
Pub. L. 91-194, title I, 107, Feb. 9, 1970, 84 Stat. 8, provided
that:
''(a) No assistance shall be furnished under the Foreign Assistance
Act of 1961, as amended (this chapter), to any country which sells,
furnishes, or permits any ships under its registry to carry to Cuba, so
long as it is governed by the Castro regime, in addition to those items
contained on the list maintained by the Administrator pursuant to title
I of the Mutual Defense Assistance Control Act of 1951, as amended
(section 1611 et seq. of this title), any arms, ammunition, implements
of war, atomic energy materials, or any other articles, materials, or
supplies of primary strategic significance used in the production of
arms, ammunition, and implements of war or of strategic significance to
the conduct of war, including petroleum products.
''(b) No economic assistance shall be furnished under the Foreign
Assistance Act of 1961, as amended (this chapter), to any country which
sells, furnishes, or permits any ships under its registry to carry items
of economic assistance to Cuba, so long as it is governed by the Castro
regime, or to North Vietnam.''
Similar provisions were contained in Pub. L. 87-872, title I, 107,
Oct. 23, 1962, 76 Stat. 1165; Pub. L. 88-258, title I, 107, Jan. 6,
1964, 77 Stat. 859; Pub. L. 88-634, title I, 107, Oct. 7, 1964, 78
Stat. 1018; Pub. L. 89-273, title I, 107, Oct. 20, 1965, 79 Stat.
1004; Pub. L. 89-691, title I, 107, Oct. 15, 1966, 80 Stat. 1020;
Pub. L. 90-249, title I, 107, Jan. 2, 1968, 81 Stat. 938; Pub. L.
90-581, title I, 107, Oct. 17, 1968, 82 Stat. 1139.
Pub. L. 91-194, title I, 116, Feb. 9, 1970, 84 Stat. 10, forbid
assistance under the Foreign Assistance Act of 1961, as amended, to any
country that sold, furnished or permitted any ships under its registry
to carry to North Vietnam certain enumerated items unless the President
determined that the withholding of such assistance was contrary to the
national interest of the United States and reported such determination
to Congress.
Similar provisions were contained in Pub. L. 89-273, title I, 116,
Oct. 20, 1965, 79 Stat. 1005; Pub. L. 89-691, title I, 116, Oct. 15,
1966, 80 Stat. 1022; Pub. L. 90-249, title I, 116, Jan. 2, 1968, 81
Stat. 940; Pub. L. 90-581, title I, 116, Oct. 17, 1968, 82 Stat.
1141.
For Presidential proclamation prohibiting the delivery of offensive
weapons to Cuba, see Proc. No. 3504, Oct. 23, 1962, 27 F.R. 10401, set
out as a note preceding section 1 of the Appendix to Title 50, War and
National Defense.
Proc. No. 3447, Feb. 3, 1962, 27 F.R. 1085, provided:
WHEREAS the Eighth Meeting of Consultation of Ministers of Foreign
Affairs, Serving as Organ of Consultation in Application of the
Inter-American Treaty of Reciprocal Assistance, in its Final Act
resolved that the present Government of Cuba is incompatible with the
principles and objectives of the Inter-American system; and, in light
of the subversive offensive of Sino-Soviet Communism with which the
Government of Cuba is publicly aligned, urged the member states to take
those steps that they may consider appropriate for their individual and
collective self-defense;
WHEREAS the Congress of the United States, in section 620(a) of the
Foreign Assistance Act of 1961 (75 Stat. 445), as amended (subsection
(a) of this section), has authorized the President to establish and
maintain an embargo upon all trade between the United States and Cuba;
and
WHEREAS the United States, in accordance with its international
obligations, is prepared to take all necessary actions to promote
national and hemispheric security by isolating the present Government of
Cuba and thereby reducing the threat posed by its alignment with the
communist powers:
NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States
of America, acting under the authority of section 620(a) of the Foreign
Assistance Act of 1961 (75 Stat. 445), as amended (subsection (a) of
this section), do
1. Hereby proclaim an embargo upon trade between the United States
and Cuba in accordance with paragraphs 2 and 3 of this proclamation.
2. Hereby prohibit, effective 12:01 A.M., Eastern Standard Time,
February 7, 1962, the importation into the United States of all goods of
Cuban origin and all goods imported from or through Cuba; and I hereby
authorize and direct the Secretary of the Treasury to carry out such
prohibition, to make such exceptions thereto, by license or otherwise,
as he determines to be consistent with the effective operation of the
embargo hereby proclaimed, and to promulgate such rules and regulations
as may be necessary to perform such functions.
3. AND FURTHER, I do hereby direct the Secretary of Commerce, under
the provisions of the Export Control Act of 1949, as amended (50 U.S.C.
App. 2021-2032), to continue to carry out the prohibition of all exports
from the United States to Cuba, and I hereby authorize him, under that
Act, to continue, make, modify or revoke exceptions from such
prohibition.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal
of the United States of America to be affixed.
DONE at the City of Washington this third day of February, in the
year of our Lord nineteen hundred and sixty-two, and of the Independence
of the United States of America the one hundred and eighty-sixth.
(SEAL)
John F. Kennedy.
Inter-American Development Bank increase in resources, loan
disapproval by United States during suspension of assistance under
subsec. (e)(1)(A) to (C) of this section, see section 283l of this
title.
App. section 2304.
22 USC 2371. Prohibition on assistance to governments supporting
international terrorism
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Prohibition
The United States shall not provide any assistance under this
chapter, the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.), the Peace Corps Act (22 U.S.C. 2501 et seq.),
or the Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.) to any
country if the Secretary of State determines that the government of that
country has repeatedly provided support for acts of international
terrorism.
(b) Publication of determinations
Each determination of the Secretary of State under subsection (a) of
this section, including each determination in effect on December 12,
1989, shall be published in the Federal Register.
(c) Rescission
A determination made by the Secretary of State under subsection (a)
of this section may not be rescinded unless the President submits to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate --
(1) before the proposed rescission would take effect, a report
certifying that --
(A) there has been a fundamental change in the leadership and
policies of the government of the country concerned;
(B) that government is not supporting acts of international
terrorism; and
(C) that government has provided assurances that it will not support
acts of international terrorism in the future; or
(2) at least 45 days before the proposed rescission would take
effect, a report justifying the rescission and certifying that --
(A) the government concerned has not provided any support for
international terrorism during the preceding 6-month period; and
(B) the government concerned has provided assurances that it will not
support acts of international terrorism in the future.
(d) Waiver
Assistance prohibited by subsection (a) of this section may be
provided to a country described in that subsection if --
(1) the President determines that national security interests or
humanitarian reasons justify a waiver of subsection (a) of this section,
except that humanitarian reasons may not be used to justify assistance
under subchapter II of this chapter (including part IV, part VI, and
part VIII), or the Export-Import Bank Act of 1945 (12 U.S.C. 635 et
seq.); and
(2) at least 15 days before the waiver takes effect, the President
consults with the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
regarding the proposed waiver and submits a report to the Speaker of the
House of Representatives and the chairman of the Committee on Foreign
Relations of the Senate containing --
(A) the name of the recipient country;
(B) a description of the national security interests or humanitarian
reasons which require the waiver;
(C) the type and amount of and the justification for the assistance
to be provided pursuant to the waiver; and
(D) the period of time during which such waiver will be effective.
The waiver authority granted in this subsection may not be used to
provide any assistance under this chapter which is also prohibited by
section 2780 of this title.
(Pub. L. 87-195, pt. III, 620A, as added Pub. L. 94-329, title III,
303, June 30, 1976, 90 Stat. 753, and amended Pub. L. 99-83, title V,
503(a), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99-190, 101(i) (title V,
521), Dec. 19, 1985, 99 Stat. 1291, 1305; Pub. L. 101-222, 5, Dec. 12,
1989, 103 Stat. 1897.)
This chapter, referred to in subsecs. (a) and (d), was in the
original ''this Act'' and ''the Foreign Assistance Act of 1961'',
respectively, meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended. For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
The Agricultural Trade Development and Assistance Act of 1954,
referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat.
454, as amended, which is classified principally to chapter 41 ( 1691 et
seq.) of Title 7, Agriculture. For complete classification of this Act
to the Code, see Short Title note set out under section 1691 of Title 7
and Tables.
The Peace Corps Act, referred to in subsec. (a), is Pub. L.
87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is classified
pricnipally to chapter 34 ( 2501 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2501 of this title and Tables.
The Export-Import Bank Act of 1945, referred to in subsecs. (a) and
(d)(1), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended, which
is classified generally to chapter 6A ( 635 et seq.) of Title 12, Banks
and Banking. For complete classification of this Act to the Code, see
Short Title note set out under section 635 of Title 12 and Tables.
1989 -- Pub. L. 101-222 amended section generally, in subsec. (a)
substituting provisions prohibiting assistance if Secretary of State
determines country has repeatedly supported terrorism, for provisions
prohibiting assistance if President determines country grants sanctuary
to terrorists or otherwise supports terrorism; redesignating subsec.
(b) as (d) and inserting provisions prohibiting justification of waiver
of assistance under specified Acts and provisions describing contents of
report on proposed waiver; adding subsecs. (b) and (c); and striking
out subsec. (c) which related to imposition of sanction by other
countries.
1985 -- Subsec. (a). Pub. L. 99-190 inserted reference to the
Export-Import Bank Act of 1945.
Pub. L. 99-83 amended subsec. (a) generally, substituting provisions
relating to covered programs and Presidential determinations respecting
termination of assistance, for provisions relating to termination of
assistance to countries granting sanctuary to international terrorists
and period of ineligibility.
Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally,
substituting provisions relating to waiver of application of subsec.
(a), for provisions relating to reports respecting continuation of
assistance to any country falling within provisions of former subsec.
(a) of this section.
Subsec. (c). Pub. L. 99-83, in amending section generally, added
subsec. (c).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Section 10 of Pub. L. 101-222 provided that: ''The use by any
government of armed force in the exercise of individual or collective
self-defense in accordance with applicable international agreements and
customary international law shall not be considered an act of
international terrorism for purposes of the amendments made by this Act
(see Short Title of 1989 Amendment note, set out under section 2151 of
this title).
22 USC 2372. Repealed. Pub. L. 97-113, title VII, 725(a), Dec. 29,
1981, 95 Stat. 1553
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 620B, as added Pub. L. 95-92,
11, Aug. 4, 1977, 91 Stat. 619, and amended Pub. L. 95-384, 12(c)(
1), Sept. 26, 1978, 92 Stat. 737, prohibited assistance and sales to
Argentina.
22 USC 2372a. Renewal, reissuance, etc., of export licenses to or for
Argentina
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Any export license referred to in section 2372 /1/ of this title
which is issued initially on or before September 30, 1978 may from time
to time thereafter be renewed, reissued or modified (or in the event of
lapse of such license, replacement licenses may be issued), provided
that any such renewal, reissuance or modification (or any such
replacement license) does not change significantly any such license as
initially issued.
(Pub. L. 95-240, title II, 210, Mar. 7, 1978, 92 Stat. 118.)
Section 2372 of this title, referred to in text, was in the original
''Section 11 of Public Law 95-92'', meaning section 11 of Pub. L.
95-92, Aug. 4, 1977, 91 Stat. 619, which added section 620B of Pub.
L. 87-195. Section 620B of Pub. L. 87-195 was classified to section
2372 of this title and was repealed by Pub. L. 97-113, title VII, 725(
a), Dec. 29, 1981, 95 Stat. 1553.
Section was enacted as part of the Supplemental Appropriations Act,
1978, and not as part of the Foreign Assistance Act of 1961 which
comprises this chapter.
/1/ See References in Text note below.
22 USC 2373. Eastern Mediterranean policy requirements
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Congressional declaration and statement of findings
The Congress declares that the achievement of a just and lasting
Cyprus settlement is and will remain a central objective of United
States foreign policy. The Congress further declares that any action of
the United States with respect to section 2370(x) /1/ of this title
shall not signify a lessening of the United States commitment to a just
solution to the conflict on Cyprus but is authorized in the expectation
that this action will be conducive to achievement of a Cyprus solution
and a general improvement in relations among Greece, Turkey, and Cyprus
and between those countries and the United States. The Congress finds
that --
(1) a just settlement on Cyprus must involve the establishment of a
free and independent government on Cyprus and must guarantee that the
human rights of all of the people of Cyprus are fully protected;
(2) a just settlement on Cyprus must include the withdrawal of
Turkish military forces from Cyprus;
(3) the guidelines for inter-communal talks agreed to in Nicosia in
February 1977 and the United Nations resolutions regarding Cyprus
provide a sound basis for negotiation of a just settlement on Cyprus;
(4) serious negotiations, under United Nations auspices, will be
necessary to achieve agreement on, and implementation of, constitutional
and territorial terms within such guidelines; and
(5) the recent proposals by both Cypriot communities regarding the
return of the refugees to the city of New Famagusta (Varosha) constitute
a positive step and the United States should actively support the
efforts of the Secretary General of the United Nations with respect to
this issue.
(b) Governing principles
United States policy regarding Cyprus, Greece, and Turkey shall be
directed toward the restoration of a stable and peaceful atmosphere in
the Eastern Mediterranean region and shall therefore be governed by the
following principles:
(1) The United States shall actively support the resolution of
differences through negotiations and internationally established
peaceful procedures, shall encourage all parties to avoid provocative
actions, and shall strongly oppose any attempt to resolve disputes
through force or threat of force.
(2) The United States will accord full support and high priority to
efforts, particularly those of the United Nations, to bring about a
prompt, peaceful settlement on Cyprus.
(3) All defense articles furnished by the United States to countries
in the Eastern Mediterranean region will be used only in accordance with
the requirements of this chapter, the Arms Export Control Act (22 U.S.C.
2751 et seq.), and the agreements under which those defense articles
were furnished.
(4) The United States will furnish security assistance for Greece and
Turkey only when furnishing that assistance is intended solely for
defensive purposes, including when necessary to enable the recipient
country to fulfill its responsibilities as a member of the North
Atlantic Treaty Organization, and shall be designed to ensure that the
present balance of military strength among countries of the region,
including between Greece and Turkey, is preserved. Nothing in this
paragraph shall be construed to prohibit the transfer of defense
articles to Greece or Turkey for legitimate self defense or to enable
Greece or Turkey to fulfill their North Atlantic Treaty Organization
obligations.
(5) The United States shall use its influence to ensure the
continuation of the ceasefire on Cyprus until an equitable negotiated
settlement is reached.
(6) The United States shall use its influence to achieve the
withdrawal of Turkish military forces from Cyprus in the context of a
solution to the Cyprus problem.
(c) Review of policy; report to Congress
Because progress toward a Cyprus settlement is a high priority of
United States policy in the Eastern Mediterranean, the President and the
Congress shall continually review that progress and shall determine
United States policy in the region accordingly. To facilitate such a
review the President shall, within 60 days after the date of enactment
of this section and at the end of each succeeding 60-day period,
transmit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a report on progress
made toward the conclusion of a negotiated solution of the Cyprus
problem. Such transmissions shall include any relevant reports prepared
by the Secretary General of the United Nations for the Security Council.
(d) Certification by President to Congress of assistance to Greece
and Turkey
In order to ensure that United States assistance is furnished
consistent with the policies established in this section, the President
shall, whenever requesting any funds for security assistance under this
chapter or the Arms Export Control Act (22 U.S.C. 2751 et seq.) for
Greece and Turkey, transmit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate his certification, with a full explanation thereof, that
the furnishing of such assistance will be consistent with the principles
set forth in subsection (b). The President shall also submit such a
certification with any notification to the Congress, pursuant to section
36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)), of a proposed
sale of defense articles or services to Greece or Turkey.
(e) Arms sales agreements to prohibit transfer to Cyprus
(1) Any agreement for the sale or provision of any article on the
United States Munitions List (established pursuant to section 38 of the
Arms Export Control Act (22 U.S.C. 2778)) entered into by the United
States after December 22, 1987, shall expressly state that the article
is being provided by the United States only with the understanding that
it will not be transferred to Cyprus or otherwise used to further the
severance or division of Cyprus.
(2) The President shall report to Congress any substantial evidence
that equipment provided under any such agreement has been used in a
manner inconsistent with the purposes of this subsection.
(Pub. L. 87-195, pt. III, 620C, as added Pub. L. 95-384, 13(b), Sept.
26, 1978, 92 Stat. 737, and amended Pub. L. 100-202, 101(e) (title V,
562), Dec. 22, 1987, 101 Stat. 1329-131, 1329-171.)
Section 2370(x) of this title, referred to in subsec. (a), was
omitted. See Codification note set out under section 2370 of this
title.
This chapter, referred to in subsecs. (b)(3) and (d), was in the
original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat.
424, as amended, known as the Foreign Assistance Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsecs. (b)(3) and (d),
is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
classified principally to chapter 39 ( 2751 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2751 of this title and Tables.
1987 -- Subsec. (e). Pub. L. 100-202 added subsec. (e).
Functions of President under subsecs. (d) and (e) delegated to
Secretary of State by section 1-201(a)(13) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Provisions similar to those appearing in subsec. (e) of this section
appear in the following appropriation acts:
Pub. L. 101-513, title V, 560, Nov. 5, 1990, 104 Stat. 2026.
Pub. L. 101-167, title V, 570, Nov. 21, 1989, 103 Stat. 1245.
Pub. L. 100-461, title V, 579, Oct. 1, 1988, 102 Stat. 2268-48.
Section 101(e) (title V, 586) of Pub. L. 100-202 provided that:
''(a) Findings. -- The Congress finds that --
''(1) the inability to achieve a just and lasting Cyprus settlement
will continue to affect relations among the United States and its close
NATO allies, Greece and Turkey, to the detriment of larger, mutually
shared, security interests in the Eastern Mediterranean region;
''(2) it is of paramount importance that Cyprus, Greece, and Turkey
resolve their differences through negotiations and otherwise peaceful
procedures, and that the United States should support the resolution of
these differences through all the diplomatic means at its disposal;
''(3) it is in the national interest of the United States that the
President make a significant new diplomatic demarche towards bringing
this dispute to a resolution; and
''(4) it is also in the national interest of the United States to
undertake a diplomatic initiative to promote the peaceful and equitable
resolution of differences between Greece and Turkey in the Aegean by
fostering a renewed and sustained bilateral dialogue between those
countries on such issues as: the delineation of the continental shelf,
the definition of the territorial seas, air traffic control over the
Aegean, NATO command and control arrangements in the Aegean, and the
status of Lemnos and NATO exercises in the Aegean.
''(b) Appointment of Special Ambassador. -- The President is
authorized to appoint a special ambassadorial level envoy who shall be
responsible for representing the United States in direct negotiations
with the parties to the Cyprus dispute, for representing the United
States in negotiations through international intermediaries and,
generally, lending the good offices of the United States to the parties
in this dispute in order to facilitate a peaceful settlement on Cyprus.
As agreed to by Greece and Turkey, the special envoy shall also
represent the United States in promoting mutual discussions between
those countries concerning their differences on Aegean issues. The
special ambassador appointed under this section shall have available the
services of two deputies (one to specialize on the Cyprus question, the
other on general Aegean issues) and such senior level Department of
State personnel as may be required by the special ambassador in order to
carry out his responsibilities.
''(c) Report. -- Not later than June 1, 1988, the President shall
submit a report to the Congress describing in detail the activities
being undertaken by the special ambassador, the progress being made
toward achievement of a peaceful resolution of the Cyprus dispute, an
assessment of the obstacles to achievement of such a resolution and of
the future role of the United States in acheiving a settlement on
Cyprus, and an assessment of the progress being made toward resolution
of issues affecting the Aegean region.
''(d) Funding. -- Up to $500,000 of the funds appropriated under any
heading of this Act (Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988, as enacted by section 101(e) of Pub.
L. 101-202) which are allocated for Greece and up to $500,000 of the
funds appropriated under any heading of this Act which are allocated for
Turkey, may be used by the Department of State for any administrative
costs associated with the activities of the special ambassador and
supporting personnel, including transportation, salaries and per diem.''
(Functions of the President under section 586(c) of Pub. L. 100-202,
set out above, were delegated to the Secretary of State by section
1-201(a)(26) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as
amended, set out as a note under section 2381 of this title.)
/1/ See References in Text note below.
22 USC 2374. Prohibition on assistance to Afghanistan
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Prohibition; conditions for resumption of assistance
None of the funds authorized to be appropriated under this chapter
may be used to furnish assistance to Afghanistan nor may funds
authorized to be appropriated under this chapter before October 1, 1979,
be expended for assistance to Afghanistan until the President certifies
to the Congress that --
(1) the Government of Afghanistan has apologized officially and
assumes responsibility for the death of Ambassador Adolph Dubs; and
(2) the Government of Afghanistan agrees to provide adequate
protection for all personnel of the United States Government in
Afghanistan.
(b) Substantially changed circumstances
The provisions of subsection (a) of this section shall not apply if
the President determines that such assistance is in the national
interest of the United States because of substantially changed
circumstances in Afghanistan.
(Pub. L. 87-195, pt. III, 620D, as added Pub. L. 96-53, title V, 505,
Aug. 14, 1979, 93 Stat. 378.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Section effective Oct. 1, 1979, see section 512(a) of Pub. L.
96-53, set out as an Effective Date of 1979 Amendment note under section
2151 of this title.
Pub. L. 99-83, title IX, 904, Aug. 8, 1985, 99 Stat. 268, provided
that:
''(a) Authorization. -- The President may make available funds
authorized to be appropriated to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 (part IV of subchapter II of this
chapter) (relating to the economic support fund) for the provision of
food, medicine, or other humanitarian assistance to the Afghan people,
notwithstanding any other provision of law.
''(b) Earmarking of Funds. -- Each fiscal year, not less than
$15,000,000 of the aggregate amount of funds available to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961 shall be
available only for humanitarian assistance to the Afghan people pursuant
to subsection (a) of this section.
''(c) Effective Dates. -- This section shall take effect on the date
of enactment of this Act (Aug. 8, 1985), except that subsection (b)
shall not apply to fiscal year 1985.''
22 USC 2375. Assistance to Pakistan
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Congressional policy, findings, and goals
The Congress recognizes that Soviet forces occupying Afghanistan pose
a security threat to Pakistan. The Congress also recognizes that an
independent and democratic Pakistan with continued friendly ties with
the United States is in the interest of both nations. The Congress
finds that United States assistance will help Pakistan maintain its
independence. Assistance to Pakistan is intended to benefit the people
of Pakistan by helping them meet the burdens imposed by the presence of
Soviet forces in Afghanistan and by promoting economic development. In
authorizing assistance to Pakistan, it is the intent of Congress to
promote the expeditious restoration of full civil liberties and
representative government in Pakistan. The Congress further recognizes
that it is in the mutual interest of Pakistan and the United States to
avoid the profoundly destabilizing effects of the proliferation of
nuclear explosive devices or the capacity to manufacture or otherwise
acquire nuclear devices.
(b) Reaffirmation of 1959 bilateral agreement
The United States reaffirms the commitment made in its 1959 bilateral
agreement with Pakistan relating to aggression from a Communist or
Communist-dominated state.
(c) Availability; defensive aspects of assistance
Security assistance for Pakistan shall be made available in order to
assist Pakistan in dealing with the threat to its security posed by the
Soviet presence in Afghanistan. The United States will take appropriate
steps to ensure that defense articles provided by the United States to
Pakistan are used for defensive purposes.
(d) Waiver of limitations respecting nuclear transfers
The President may waive the prohibitions of section 2429 of this
title at any time during the period beginning on December 29, 1981, and
ending on April 1, 1992, to provide assistance to Pakistan during that
period if he determines that to do so is in the national interest of the
United States.
(e) Nuclear non-proliferation conditions on assistance
No assistance shall be furnished to Pakistan and no military
equipment or technology shall be sold or transferred to Pakistan,
pursuant to the authorities contained in this chapter or any other Act,
unless the President shall have certified in writing to the Speaker of
the House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate, during the fiscal year in which
assistance is to be furnished or military equipment or technology is to
be sold or transferred, that Pakistan does not possess a nuclear
explosive device and that the proposed United States assistance program
will reduce significantly the risk that Pakistan will possess a nuclear
explosive device.
(Pub. L. 87-195, pt. III, 620E, as added Pub. L. 97-113, title VII,
736, Dec. 29, 1981, 95 Stat. 1561, and amended Pub. L. 99-83, title IX,
902, Aug. 8, 1985, 99 Stat. 267; Pub. L. 100-202, 101(e) (title V,
557), Dec. 22, 1987, 101 Stat. 1329-131, 1329-170; Pub. L. 101-167,
title V, 591, Nov. 21, 1989, 103 Stat. 1253; Pub. L. 101-513, title V,
574(a), Nov. 5, 1990, 104 Stat. 2042.)
This chapter, referred to in subsec. (e), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
1990 -- Subsec. (d). Pub. L. 101-513 substituted ''April 1, 1992''
for ''April 1, 1991''.
1989 -- Subsec. (d). Pub. L. 101-167 substituted ''April 1, 1991''
for ''April 1, 1990''.
1987 -- Subsec. (d). Pub. L. 100-202 substituted ''April 1, 1990''
for ''September 30, 1987''.
1985 -- Subsec. (e). Pub. L. 99-83 added subsec. (e).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Determination of the President of the United States, No. 90-15, Mar.
28, 1990, 55 F.R. 17417, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and
laws of the United States of America, including section 620E(d) of the
Foreign Assistance Act of 1961, as amended (''the Act'') (22 U.S.C.
2375(d)), I hereby determine, pursuant to section 620E(d) of the Act,
that provision of assistance to Pakistan under the Act (22 U.S.C. 2151
et seq.) through April 1, 1991, is in the national interest of the
United States, and therefore waive the prohibitions of section 669 of
the Act (22 U.S.C. 2429) with respect to that period.
You are authorized and directed to transmit this determination,
together with the statement setting forth specific reasons therefor, to
the Congress immediately.
This determination shall be published in the Federal Register.
George Bush.
Prior determinations and certifications were contained in the
following:
Determination of the President of the United States, No. 90-1, Oct.
5, 1989, 54 F.R. 43797.
Determination of the President of the United States, No. 89-7, Nov.
18, 1988, 53 F.R. 49111.
Determination of the President of the United States, No. 88-5, Jan.
15, 1988, 53 F.R. 3325.
Determination of the President of the United States, No. 88-4, Dec.
17, 1987, 53 F.R. 773.
Determination of the President of the United States, No. 87-3, Oct.
27, 1986, 51 F.R. 40301.
Determination of the President of the United States, No. 86-03, Nov.
25, 1985, 50 F.R. 50273.
22 USC Part II -- Administrative Provisions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2381. Exercise of functions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Delegation by President; rules and regulations; utilization of
goods and services from private enterprise, and facilities and resources
of Federal agencies when not competitive with private enterprise
The President may exercise any functions conferred upon him by this
chapter through such agency or officer of the United States Government
as he shall direct. The head of any such agency or such officer may
from time to time promulgate such rules and regulations as may be
necessary to carry out such functions, and may delegate authority to
perform any such functions, including, if he shall so specify, the
authority successively to redelegate any of such functions to any of his
subordinates. In providing technical assistance under this chapter, the
head of any such agency or such officer shall utilize, to the fullest
extent practicable, goods and professional and other services from
private enterprise on a contract basis. In such fields as education,
health, housing, or agriculture, the facilities and resources of other
Federal agencies shall be utilized when such facilities are particularly
or uniquely suitable for technical assistance, are not competitive with
private enterprise, and can be made available without interfering unduly
with domestic programs.
(b) Eligibility of suppliers; debarment period; causes for
debarment; conditions for reinstatement; periodic review
The President shall issue and enforce regulations determining the
eligibility of any person to receive funds made available under this
chapter. A person may be suspended under such regulations for a
temporary period pending the completion of an investigation and any
resulting judicial or debarment proceedings, upon cause for belief that
such person or an affiliate thereof probably has undertaken conduct
which constitutes a cause for debarment; and, after an opportunity has
been afforded to such person for a hearing, he may be debarred for an
additional period, not to exceed three years. Among the causes for
debarment shall be (1) offering or accepting a bribe or other illegal
payment or credit in connection with any transaction financed with funds
made available under this chapter; or (2) committing a fraud in the
procurement or performance of any contract financed with funds made
available under this chapter; or (3) acting in any other manner which
shows a lack of integrity or honesty in connection with any transaction
financed with funds made available under this chapter. Reinstatement of
eligibility in each particular case shall be subject to such conditions
as the President shall direct. Each person whose eligibility is denied
or suspended under this subsection shall, upon request, be entitled to a
review of his eligibility not less often than once every two years.
(Pub. L. 87-195, pt. III, 621, Sept. 4, 1961, 75 Stat. 445; Pub. L.
87-565, pt. III, 302(a), Aug. 1, 1962, 76 Stat. 262; Pub. L. 88-205,
pt. III, 302(a), Dec. 16, 1963, 77 Stat. 388; Pub. L. 90-554, pt. III,
302(a), Oct. 8, 1968, 82 Stat. 964.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
1968 -- Pub. L. 90-554 designated existing provisions as subsec.
(a) and added subsec. (b).
1963 -- Pub. L. 88-205 provided that goods and professional and
other services from private enterprise should be utilized on a contract
basis, and that Federal agencies be utilized only when not competitive
with private enterprise and available without interfering unduly with
domestic programs.
1962 -- Pub. L. 87-565 struck out designation ''(a)'' from
provisions of subsec. (a), and repealed subsecs. (b) to (e) which
related to the abolition of the Development Loan Fund, International
Cooperation Administration, and the Office of Inspector General and
Comptroller, the transfer of their functions, and the transfer of the
function of the Export-Import Bank under section 1704(e) of title 7.
Functions of President under this section delegated and funds
available under this chapter allocated to Director of United States
International Development Cooperation Agency, with certain exceptions,
by sections 1-102(a)(1), (e) and 1-801(a) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out below.
Section 2(a) of Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969, set
out as a note under section 2191 of this title, which delegated
functions of President under subsec. (b) of this section to Overseas
Private Investment Corporation, was revoked by section 1-903(a)(2) of
Ex. Ord. No. 12163, Sept. 27, 1979, 44 F.R. 56679, eff. Oct. 1, 1979,
set out below.
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, April 10, 1979, pursuant to
the provisions of chapter 9 of title 5 of the United States Code. /1/
International Development Cooperation Agency
There is hereby established in the executive branch an independent
agency to be known as the United States International Development
Cooperation Agency (hereinafter referred to as the ''Agency'').
The Agency shall be headed by the Director of the United States
International Development Cooperation Agency (hereinafter referred to as
the ''Director''), who shall be appointed by the President, by and with
the advice and consent of the Senate, and shall receive compensation at
the rate prescribed by law for Level II of the Executive Schedule (5
U.S.C. 5315). The Director shall have primary responsibility for
establishing overall development assistance policy and coordinating
international development activities supported by the United States.
The Director shall serve as the principal advisor to the President and
the Secretary of State on international development matters and also
shall advise the President on all trade, science and technology, and
other matters significantly affecting the developing nations. The
Director shall report to the President and, on matters relating to
foreign policy, to the Secretary of State. The Director shall designate
the order in which other officials shall act for and exercise the powers
of the Director during the absence or disability of the Director and the
Deputy Director or in the event of vacancies in both such offices.
The President, by and with the advice and consent of the Senate, may
appoint a Deputy Director of the Agency, who shall receive compensation
at the rate prescribed by law for Level III of the Executive Schedule (5
U.S.C. 5314). The Deputy Director shall perform such duties and exercise
such powers as the Director may from time to time prescribe and, in
addition, shall act for and exercise the powers of the Director during
the absence or disability of the Director or during a vacancy in such
office.
The President, by and with the advice and consent of the Senate, may
appoint two Associate Directors of the Agency, who shall perform such
duties and exercise such powers as the Director may from time to time
prescribe and who shall receive compensation at the rate prescribed by
law for Level IV of the Executive Schedule (5 U.S.C. 5315).
The Director may from time to time establish, alter, consolidate, or
discontinue organizational units within the Agency (other than units
expressly established by statute or reorganization plan). The Director
may from time to time delegate responsibility for carrying out any
function or authority of the Director of the Agency to any officer,
employee, or unit of the Agency, or any other officer or agency of the
executive branch.
(a) There are hereby transferred to the Director all functions and
authorities vested in the Agency for International Development or in its
administrator pursuant to the following:
(1) sections 233(b), 239(i), 296(e), 297(d), 298(c)(6), 299(d), 601(
a) through (d), and 624(f)(2)(C) of the Foreign Assistance Act of 1961,
as amended (22 U.S.C. 2193(b), 2199(i), 2220a(e), 2220b(d), 2220c(c)(
6), 2220d(d), 2351(a) through (d), and 2384(f)(2)(C));
(2) section 407 of the Agricultural Trade Development and Assistance
Act of 1954, as amended (7 U.S.C. 1736a); and
(3) section 706 of the Foreign Relations Authorization Act, Fiscal
Year 1979 (49 U.S.C. 1518) (49 App. U.S.C. 1518).
(b) There are hereby transferred to the Director all functions and
authorities vested in the agency primarily responsible for administering
part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151
et seq.), or in its Administrator pursuant to the following:
(1) sections 101(b), 119, 125, 531(a)(2), 601(e)(2), and 640B of such
Act (22 U.S.C. 2151(b), 2151q, 2151w, 2346(a)(2), 2351(e)(2), and
2399c); and
(2) section 602 of the International Security Assistance and Arms
Control Act of 1976 (22 U.S.C. 2352 note).
(c) There are hereby transferred to the Director all functions and
authorities vested in the Secretary of State pursuant to the following:
(1) section 101(b) of the Foreign Assistance Act of 1961, as amended
(22 U.S.C. 2151(b)), insofar as it relates to policy guidance other than
foreign policy guidance, and section 622(c) of such Act (22 U.S.C.
2382(c)), insofar as it relates to development assistance; and
(2) section 901 of Public Law 95-118 (22 U.S.C. 262g).
One of the positions that the President may appoint under section
624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5 U.S.
C. 5315(5)) is hereby abolished.
(a) So much of the personnel, property, records, and unexpended
balances of appropriations, allocations and other funds employed, used,
held, available, or to be made available in connection with the
functions and authorities affected by the establishment of the Agency,
as the Director of the Office of Management and Budget shall determine,
shall be transferred to the appropriate agency or component at such time
or times as the Director of the Office of Management and Budget shall
provide, except that no such unexpended balances transferred shall be
used for purposes other than those for which the appropriation was
originally made. The Director of the Office of Management and Budget
shall provide for terminating the affairs of any agency abolished herein
and for such further measures and dispositions as such Director deems
necessary to effectuate the purposes of this reorganization plan.
(b) Pending the initial appointment of the Director, Deputy Director,
and Associate Directors of the Agency, their functions and authorities
may be performed, for up to 60 days after section 1 of this
reorganization plan becomes effective (Oct. 1, 1979), by such
individuals as the President may designate. Any individual so
designated shall be compensated at the rate provided herein for the
position whose functions and authorities such individual performs.
This reorganization plan shall become effective on July 1, 1980, or
at such earlier time or times as the President shall specify, but not
sooner than the earliest time allowable under section 906 of title 5 of
the United States Code.
(Sections 1, 5, 6, and 8 of Reorg. Plan No. 2 of 1979 were effective
Oct. 1, 1979, pursuant to Ex. Ord. No. 12163, 1-101, Sept. 29, 1979, 44
F.R. 56673, set out as a note below.)
(Sections 2, 3, and 4 of Reorg. Plan No. 2 of 1979 were effective
July 19, 1979, pursuant to Ex. Ord. No. 12147, July 19, 1979, 44 F.R.
42957, set out as a note below.)
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 2 of 1979, to
consolidate certain foreign assistance activities of the United States
Government. I am acting under the authority vested in me by the
Reorganization Act, chapter 9 of title 5 of the United States Code, and
pursuant to title III of the International Development and Food
Assistance Act of 1978 (Pub. L. 95-424, Oct. 6, 1978, 92 Stat. 955, set
out as a note under 22 U.S.C. 2151), which requires that I report to the
Congress my decisions on reorganization in this area. The purposes of
this reorganization are to make more coherent our economic policies and
programs affecting the developing nations and to improve the
effectiveness of United States foreign development activities.
This Nation is committed -- not only in the interest of the people of
developing countries, but in our own interest as well -- to help those
countries in their efforts to achieve better lives for their citizens.
To this end, we conduct a number of bilateral development assistance
programs, participate in a number of multilateral development assistance
programs, and engage in a variety of other economic activities that
affect developing countries.
When this Administration took office, United States support of
international development suffered from four major problems. First, no
single U.S. official was charged with responsibility for establishing a
comprehensive and coherent strategy for our Nation's efforts in this
field. Second, no agency or official had the authority to ensure that
the various U.S. programs affecting development were consistent with
each other or complemented the programs of the multilateral
organizations to which we contribute. Third, none of the agency heads
testifying before the Congress about his particular portion of our
foreign assistance efforts was able to speak authoritatively for the
program as a whole or for the Administration's overall development
policies and priorities. Finally, because there was no authoritative
spokesperson, developmental concerns were at times accorded insufficient
weight in executive branch decision-making on trade, monetary, and other
non-aid economic issues that affect developing nations.
Just before his death a year ago, Senator Hubert H. Humphrey
prepared a bill intended to solve these problems. Congressman Clement
Zablocki introduced a similar measure in the House. Although the
Congress took no action last year on the organizational provisions of
the Humphrey-Zablocki bill, it directed me, in title III of the 1978
development assistance authorization act, to institute a strengthened
system of coordination of U.S. economic policies affecting the
developing countries, and urged me to create an agency with primary
responsibility for coordination of international development-related
activities.
In response to the Humphrey-Zablocki bill and the Administration's
own analyses, I took a number of steps last year to strengthen aid
coordination and improve the effectiveness of our development assistance
programs. The Reorganization Plan transmitted with this message
continues that process. It will provide stronger direction of U.S.
policies toward the developing world, ensure a more coherent development
strategy, promote the more effective use of the various U. S. bilateral
instruments by which the U.S. can encourage economic and social progress
in developing countries, and ensure that U.S. bilateral programs and the
multilateral programs to which we contribute better complement each
other.
This reorganization would create a new agency, to be known as the
International Development Cooperation Agency (IDCA). IDCA would become
a focal point within the U.S. Government for economic matters affecting
U.S. relations with developing countries. Subject to guidance
concerning the foreign policy of the United States from the Secretary of
State, the IDCA Director would be the principal international
development advisor to the President and to the Secretary of State. The
Director would replace the AID Administrator in chairing the Development
Coordination Committee. The IDCA Director would make recommendations to
me concerning the appointment and tenure of senior officials of each
component of IDCA, and would establish and control the budgets and
policies of the Agency for International Development and the bilateral
foreign assistance programs it administers, and of the Institute For
Technological Cooperation, proposed in legislation transmitted to the
Congress on February 26, 1979, which would support research and
technological innovation to reduce obstacles to economic development.
The Overseas Private Investment Corporation, which insures and
guarantees U.S. private investments in developing countries against
certain hazards, would also be a component of IDCA, but OPIC's Board of
Directors, which the IDCA Director would chair, would continue to set
OPIC policy.
Each of these agencies would retain its individual identity and
substantial day-to-day operating autonomy. A principal responsibility
of the IDCA Director -- who would be supported by a small staff -- would
be the achievement of consistency and balance among the policies, major
programs, and budgets of the component agencies.
To help insure that U.S. bilateral efforts and the programs of major
multilateral development institutions better complement each other, the
IDCA Director would participate in the selection of U.S. Executive
Directors of multilateral development banks (World Bank Group,
Inter-American Development Bank, Asian Development Bank and African
Development Fund), and would advise these Executive Directors on
development policy and proposed projects and programs. Additionally,
IDCA would assume lead responsibility for budget support and policy
concerning United States participation in those organizations and
programs of the United Nations and the Organization of American States
whose purpose is primarily developmental. These are the UN Development
Program, UNICEF, the Organization of American States Technical
Assistance Funds, the UN Capital Development Fund, the UN Educational
and Training Program for Southern Africa, the UN/Food and Agriculture
Organization (FAO) World Food Program, the FAO Post-Harvest Losses Fund,
and the UN Disaster Relief Organization.
The IDCA Director would be responsible for insuring that development
goals are taken fully into account in all executive branch
decision-making on trade, technology, and other economic policy issues
affecting the less developed nations, and would submit an annual
development policy statement to the Congress. The Director would also
prepare a comprehensive foreign assistance budget, which he would submit
to the Office of Management and Budget after consulting with the
Secretary of State, and would lead the Administration's presentation of
that budget to the Congress.
When IDCA is established, I intend to delegate to it the principal
authority for the bilateral development assistance program administered
by AID (now vested in me by law, delegated to the Secretary of State,
and redelegated to the Administrator of AID). Certain functions vested
in me under the Foreign Assistance Act will continue to be delegated to
the Secretary of State, Secretary of the Treasury, Secretary of Defense,
or elsewhere; but most functions relating to the assistance program
will be delegated directly to the IDCA Director, who will in turn
redelegate these functions, as appropriate, to the Administrator of AID.
I also intend to delegate to the Director of IDCA authority proposed to
be vested in me to establish an Institute For Technological Cooperation;
the IDCA Director would redelegate these functions, as appropriate, to
IFTC.
The reorganization would increase program effectiveness through
improved coordination, as requested in the 1978 authorization act. I
estimate that it would achieve that goal with no increase in
expenditures or personnel. After investigation, I have found that this
reorganization is necessary to carry out the policy set forth in section
901(a) of title 5 of the United States Code. This plan abolishes one of
the statutory officers that the President may appoint under section
624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)). No
statutory functions are abolished by the plan. The provisions in this
plan for the appointment and pay of the Director, Deputy Director, and
Associate Directors of IDCA have been found by me to be necessary by
reason of the reorganization and are at rates applicable to comparable
officers in the executive branch.
This proposal constitutes the first major restructuring of the U.S.
foreign aid program since the creation of the Agency for International
Development in 1961. It will provide the United States with
governmental machinery far better able to fulfill our commitment to
assist people in developing countries to eliminate hunger, poverty,
illness and ignorance. It responds to the mandate of the Congress. Let
us work together to insure its successful and effective implementation.
Jimmy Carter.
The White House, April 10, 1979.
Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended, which
related to the administration of foreign assistance and related
functions, was revoked by Ex. Ord. No. 12163, 1-903(a)(1), Sept. 29,
1979, 44 F.R. 56679, eff. Oct. 1, 1979, set out as a note below.
Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended, was
superseded insofar as any provision therein was in conflict with any
provision of Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969, set out
as a note under section 2191 of this title.
States International Development Cooperation Agency
Ex. Ord. No. 12147, July 19, 1979, 44 F.R. 42957, provided:
By the authority vested in me as President of the United States of
America by Section 9 of Reorganization Plan No. 2 of 1979 (set out as a
note above), both Houses of Congress having defeated a resolution of
disapproval (S. Res. 140, 125 Cong. Rec. S. 8829 (July 9, 1979); H.
Res. 231, 125 Cong. Rec. H. 5729 (July 11, 1979)), it is hereby ordered
that Sections 2, 3, and 4 of that Plan, providing for the offices of
Director, Deputy Director, and Associate Directors, are effective
immediately.
Jimmy Carter.
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended by Ex.
Ord. No. 12226, July 22, 1980, 45 F.R. 49235; Ex. Ord. No. 12292, Feb.
23, 1981, 46 F.R. 13968; Ex. Ord. No. 12321, Sept. 14, 1981, 46 F.R.
46109; Ex. Ord. No. 12365, May 24, 1982, 47 F.R. 22933; Ex. Ord. No.
12423, May 26, 1983, 48 F.R. 24025; Ex. Ord. No. 12458, Jan. 14, 1984,
49 F.R. 1977; Ex. Ord. No. 12500, Jan. 24, 1985, 50 F.R. 3733; Ex.
Ord. No. 12560, May 24, 1986, 51 F.R. 19159; Ex. Ord. No. 12608, Sept.
9, 1987, 52 F.R. 34617; Ex. Ord. No. 12620, Dec. 24, 1987, 52 F.R.
49135; Ex. Ord. No. 12639, May 6, 1988, 53 F.R. 16691; Ex. Ord. No.
12680, July 5, 1989, 54 F.R. 28995; Ex. Ord. No. 12695, Nov. 1, 1989,
54 F.R. 46589; Ex. Ord. No. 12738, 1-6, Dec. 14, 1990, 55 F.R. 52033,
provided:
By virtue of the authority vested in me by the Foreign Assistance Act
of 1961 (this chapter), Reorganization Plan No. 2 of 1979 (set out as a
note above), the International Development Cooperation Act of 1979 (see
Short Title of 1979 Amendment note set out under section 2151 of this
title), and section 301 of title 3 of the United States Code, and as
President of the United States, it is hereby ordered as follows:
1-101. Establishment of the United States International Development
Cooperation Agency. Sections 1, 5, 6, and 8 of Reorganization Plan No.
2 of 1979 (set out as a note above) are declared effective and the
United States International Development Cooperation Agency (hereinafter
referred to as ''IDCA'') is hereby established.
1-102. Delegation of Functions. (a) Exclusive of the functions
otherwise delegated, or reserved to the President, by this order, and
subject to the provisions of this order, there are hereby delegated to
the Director of IDCA (hereinafter referred to as the ''Director'') all
functions conferred upon the President by:
(1) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
(hereinafter referred to as the ''Act''), except that the delegated
functions under sections 116(e), 491(b), 491(c), 607, 627, 628, 630(3),
and 666 of the Act (22 U.S.C. 2151n(e), 2292(b), (c), 2357, 2387, 2388,
2390(3), 2426) shall be exercised in consultation with the Secretary of
State;
(2) the Latin American Development Act (22 U.S.C. 1942 et seq.);
(3) section 402 of the Mutual Security Act of 1954 (22 U.S.C. 1922);
(4) section 413(b) of the International Security Assistance and Arms
Export Control Act of 1976 (22 U.S.C. 2431 (note)); and (sic)
(5) section 1205(b) of the International Security and Development
Cooperation Act of 1985 (hereinafter referred to as the ''ISDCA of
1985'') (set out as a note under 22 U.S.C. 2346);
(6) section 535 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov.
21, 1989, 103 Stat. 1231), to be exercised by the Administrator of the
Agency for International Development within IDCA;
(7) the first proviso under the heading ''Population Development
Assistance'' contained in title II of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) (Nov. 21, 1989, 103 Stat. 1200), to be exercised by the
Administrator of the Agency for International Development within IDCA;
(8) section 572 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461) (22 U.S.
C. 2151v note), to be exercised by the Administrator of the Agency for
International Development within IDCA, with the concurrence of the
Development Coordination Committee, as established by section 640B of
the Act (22 U.S.C. 2399c) and as provided for herein.(; and)
(9) section 514 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov.
21, 1989, 103 Stat. 1219), insofar as they relate to the authority
contained in section 109 of the Act (22 U.S.C. 2151g), to be exercised
by the Administrator of the Agency for International Development within
IDCA.
(b) The Director shall exercise the functions of the President under
sections 301(a), 301(e)(1), and 305 of the Act (22 U.S.C. 2221(a), (e)(
1) and 2225) only insofar as they pertain to the United Nations
Development Program, UNICEF, the Organization of American States
Technical Assistance Funds, the United Nations Capital Development Fund,
the United Nations Educational and Training Program for Southern Africa,
the United Nations/Food and Agriculture Organization World Food Program,
the Food and Agriculture Organization Post-Harvest Losses Fund, the
United Nations Disaster Relief Organization, and any other international
programs whose purpose is primarily developmental.
(c) In carrying out the functions under section 653 of the Act (22
U.S.C. 2413) that are delegated to the Director, the Director shall
consult with the Director of the Office of Management and Budget.
(d) To the extent practicable, the Director will exercise functions
relating to Foreign Service personnel in a manner that will assure
maximum compatibility among agencies authorized by law to utilize the
Foreign Service personnel system. To this end he shall consult
regularly with the Secretary of State.
(e) In exercising functions under the Act (this chapter) arising from
later-enacted amendments to any law specified in subsection (a) of this
section that relate directly to matters of foreign policy, the Director
shall consult with the Secretary of State to determine whether such
function should more appropriately be exercised by the Secretary or
reserved to the President.
1-103. Agency for International Development.
(a) The Director shall continue within IDCA the Agency for
International Development, heretofore established in the Department of
State.
(b) The Agency for International Development shall be headed by an
Administrator appointed pursuant to section 624(a) of the Act (22 U.S.
C. 2384(a)).
(c) The officers provided for in section 624(a) of the Act (22 U.S.
C. 2384(a)) shall serve in the Agency for International Development.
1-104. Office of Small Business. The Office of Small Business
provided for in section 602(b) of the Act (22 U.S.C. 2352(b)) shall be
in the Agency for International Development.
1-201. Delegation of Functions. (a) Subject to the provisions of
this order, there are hereby delegated to the Secretary of State
(hereafter in this Part referred to as the ''Secretary'') all functions
conferred upon the President by:
(1) sections 239(g), 301(a), 301(c), 301(e)(1), 302(a)(1) as it
relates to the Presidential certification concerning the United Nations
Relief and Works Agency, 305, section 305 (sic) of the Act (22 U.S.C.
2199(g), 2221(a), (c), (e)(1), 2222(a)(1), and 2225);
(2) section 451 of the Act (22 U.S.C. 2261);
(3) section 495F of the Act (22 U.S.C. 2292l), insofar as they relate
to policy decisions pertaining to refugee programs under such section;
(4) section 505(a) (22 U.S.C. 2314(a)) relating to other provisions
which may be required by the President, and sections 505(d), (e), (f)
and (g) of the Act (22 U.S.C. 2314(d), (e), (f), (g)).
(5) sections 505(a)(1) and (4) of the Act (22 U.S.C. 2314(a)(1), (4))
relating to consent;
(6) section 505(b) of the Act (22 U.S.C. 2314(b)) to the extent that
it pertains to countries that agree to the conditions set forth therein;
(7) chapter 4 of Part II of the Act (22 U.S.C. 2346 et seq.), insofar
as they relate to policy decisions and justifications for economic
support programs under such chapter, including determinations of whether
there will be an economic support program for a country and the amount
of the program for each country, and all functions conferred by Section
534 of the Act (22 U.S.C. 2346c). Such functions shall be exercised in
cooperation with the Director;
(8) chapter 6 of part II of the Act (22 U.S.C. 2348 et seq.);
(9) section 601(b)(3), (4), and (6) of the Act (22 U.S.C. 2351(b)(
3), (4), and (6));
(10) section 604(a) of the Act (22 U.S.C. 2354(a)), insofar as they
related to procurement under chapter 1 of part I and chapter 4 of part
II of the Act (22 U.S.C. 2151 et seq., 2346 et seq.);
(11) section 614(b) of the Act (22 U.S.C. 2364(b)), except that the
function of determining which provisions of law should be disregarded to
achieve the purpose of the provision is reserved to the President;
(12) section 620(c), (e), (f), (g), (j), (q), and (s) of the Act (22
U.S.C. 2370(c), (e), (f), (g), (j), (q), and (s));
(13) section 620C(d) and (e) of the Act (22 U.S.C. 2373(d), (e));
(14) section 625(d) of the Act (22 U.S.C. 2385(d)), insofar as it
relates to personnel in the Department of State;
(15) (Revoked by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968.)
(16) section 634B of the Act (22 U.S.C. 2394-1a), insofar as it
relates to functions delegated to the Secretary under this order;
(17) section 617 and 653 of the Act (22 U.S.C. 2367, 2413), insofar
as they relate to chapter 8 of part 1 (22 U.S.C. 2291 et seq.) and part
II of the Act (22 U.S.C. 2301 et seq.);
(18) other provisions of the Act (this chapter) that relate directly
and necessarily to the conduct of programs and activities vested in or
delegated to the Secretary;
(19) section 8(d) of the Act of January 12, 1971 (22 U.S.C. 2321b
(d)); and
(20) section 607 of the International Security Assistance and Arms
Export Control Act of 1976 (22 U.S.C. 2394a).
(21) Section 725 of the International Security and Development
Cooperation Act of 1981 (probably means section 725(b), (c) of Pub. L.
97-113, set out as a note under 22 U.S.C. 2370);
(22) Section 726 of the International Security and Development
Cooperation Act of 1981 (probably means section 726(b) of Pub. L.
97-113, set out as a note under 22 U.S.C. 2370);
(23) Chapter 8 of Part II of the Act (22 U.S.C. 2349aa et seq.)
except that such functions shall be exercised consistent with Section
573(d)(3) (22 U.S.C. 2349aa-2(d)(3)) thereof;
(24) Section 402(b)(2) of Title 10 of the United States Code, which
shall be exercised in consultation with the Secretary of Defense;
(25) sections 207, 552(b) (49 App. U.S.C. 1515a(b)), 611, 612(a),
617(c), 702(c), 703(a), 705(b) and (c), 706, 722(j), 813(b) and 1008 of
the ISDCA of 1985 (Pub. L. 99-83, Aug. 8, 1985, 99 Stat. 213, 226, 230,
231, 233, 238, 239, 241, 242, 255, 266, and 271);
(26) chapter 8 of part I of the Act (22 U.S.C. 2291 et seq.), except
for section 481(h) (22 U.S.C. 2291(h)), which is reserved to the
President;
(27) section 502B of the Act (22 U.S.C. 2304);
(28) sections 513, 538, 554, 559, 560, 561 (22 U.S.C. 2151 note), 562
(7 U.S.C. 3602 note), 564(a), 599C, and 599G(a)(3) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1219, 1232,
1237-1239, 1241, 1242, 1261, 1265);
(29) the second and third provisos under the subheading
''Contribution to the International Development Association'' under the
heading ''Annual Contributions to International Financial Institutions''
contained in title I of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21,
1989, 103 Stat. 1197), and section 548 of such Act (Nov. 21, 1989, 103
Stat. 1235), each of which shall be exercised in consultation with the
Secretary of the Treasury;
(30) the proviso relating to certain expropriation claims of U.S.
citizens in El Salvador under the heading ''Economic Support Fund''
contained in title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov.
21, 1989, 103 Stat. 1207);
(31) the proviso relating to tied aid credits under the heading
''Economic Support Fund'' contained in title II of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1207), which shall
be exercised in consultation with the Administrator of the Agency for
International Development within IDCA;
(32) subsection (c)(2) under the heading ''Foreign Military Sales
Debt Reforms'' contained in title III of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1988 (Public Law
100-202) (22 U.S.C. 2764 note), which shall be exercised in consultation
with the Secretary of Defense;
(33) sections 4101(b) (22 U.S.C. 2291 note), 4205(d), 4307(a), and
4309 of the Anti-Drug Abuse Act of 1988 (Public Law 100-690) (Nov. 18,
1988, 102 Stat. 4264, 4269, 4274, 4275). The Secretary of State in
implementing the functions delegated to him under section 4205(d) shall
consult with the Secretary of Defense;
(34) section 512 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov.
21, 1989, 103 Stat. 1219), which shall be exercised in consultation with
the President of the Export-Import Bank of the United States;
(35) section 581(a) and 581(c) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) (Nov. 21, 1989, 103 Stat. 1250), which shall be exercised in
consultation with the Secretary of Defense; and
(36) section 12 of the International Narcotics Control Act of 1989
(Public Law 101-231) (Dec. 13, 1989, 103 Stat. 1962).
(b) The functions under sections 239(g), 620(e), 620(g), 620(j),
620(q), and 620(s) of the Act (22 U.S.C. 2199(g), 2370(e), (g), (j),
(q), and (s)) delegated to the Secretary shall be exercised in
consultation with the Director.
(c) The functions under section 653 of the Act (22 U.S.C. 2413)
delegated to the Secretary shall be exercised in consultation with the
Secretary of Defense, insofar as they relate to functions under the Act
(this chapter) administered by the Department of Defense, and the
Director of the Office of Management and Budget.
(d) The Secretary may redelegate to the Director or to any other
officer or agency of the Executive branch functions delegated to the
Secretary by this order.
1-301. Delegation of Functions. Subject to the provisions of this
order, there are hereby delegated to the Secretary of Defense:
(a) The functions conferred upon the President by Part II (22 U.S.C.
2301 et seq.) (except chapters 4, 6 and 8 thereof) of the Act (22 U.S.
C. 2346 et seq., 2348 et seq., 2349aa et seq.) not otherwise delegated
or reserved to the President.
(b) To the extent that they relate to other functions under the Act
(this chapter) administered by the Department of Defense, the functions
conferred upon the President by sections 602(a), 605(a), 625(a), 625(
d)(1), 625(h), 627, 628, 630(3), 631(a), 634(B), 635(b) (except with
respect to negotiation, conclusion, and termination of international
agreements), 635(d), 635(g), and 636(i) of the Act (22 U.S.C. 2352(a),
2355(a), 2385(a), (d)(1), and (h), 2387, 2388, 2390(3), 2391(a),
2394-1a, 2395(b), 2395(d), 2395(g), and 2396(i)).
(c) Those functions under section 634A of the Act (22 U.S.C.
2394-1), to the extent they relate to notifications to the Congress
concerning changes in programs under part II of the Act (22 U.S.C. 2301
et seq.) (except chapters 4, 6, and 8 thereof (22 U.S.C. 2346 et seq.,
2348 et seq., 2349aa et seq.)) and under the Arms Export Control Act, as
amended (22 U.S.C. 2751 et seq.), subject to prior consultation with the
Secretary of State.
(d) The functions under sections 627, 628, and 630(3) of the Act (22
U.S.C. 2387, 2388, and 2390(3)) delegated to the Secretary of Defense
shall be exercised in consultation with the Secretary of State.
(e) Those functions conferred upon the President under section 616 of
the ISDCA of 1985 (Pub. L. 99-83, Aug. 8, 1985, 99 Stat. 232).
(f) The functions conferred upon the President under section 573 (22
U.S.C. 2321j note) and section 581(b)(2) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) (Nov. 21, 1989, 103 Stat. 1246, 1250).
(g) The functions conferred upon the President under section 3 of the
International Narcotics Control Act of 1989 (Public Law 101-231) (Dec.
13, 1989, 103 Stat. 1955), which shall be exercised in consultation with
the Secretary of State.
1-302. Reports and Information. In carrying out the functions under
section 514 of the Act (22 U.S.C. 2321h) delegated to him by section 301
of this order, the Secretary of Defense shall consult with the Secretary
of State.
1-401. Establishment of Institute for Scientific and Technological
Cooperation. There is established within IDCA the Institute for
Scientific and Technological Cooperation (hereinafter referred to as the
Institute).
1-402. Establishment of the Council on International Scientific and
Technological Cooperation. There is established the Council on
International Scientific and Technological Cooperation pursuant to
section 407(a) of the IDC Act of 1979 (22 U.S.C. 3507(a)).
1-403. There are hereby established two additional positions in the
Institute pursuant to section 406(c) of the IDC Act of 1979 (22 U.S.C.
3506(c)). The officers appointed to these positions shall perform such
duties and exercise such powers as the Director of the Institute may
prescribe.
1-501. Department of the Treasury. (a) There are delegated to the
Secretary of the Treasury the functions conferred upon the President by:
(1) section 305 (22 U.S.C. 2225), insofar as it relates to the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the Asian Development Bank, the African
Development Fund, and the International Monetary Fund;
(2) the second sentence of section 612(a) of the Act (22 U.S.C.
2362(a)); and
(3) section 502 of the Mutual Security Act of 1954 (22 U.S.C. 1754).
(b) The Secretary of the Treasury shall continue to administer any
open special foreign country accounts established pursuant to former
section 514 of the Act as enacted by section 201(f) of Public Law 92-226
(86 Stat. 25) and repealed by Section 12(b)(5) of Public Law 93-189 (87
Stat. 722) (22 U.S.C. 2321g).
(c) The functions under section 305 of the Act (22 U.S.C. 2225)
delegated to the Secretary of the Treasury shall be exercised in
consultation with the Director, as provided in Executive Order No.
11269 of February 14, 1966, as amended (set out as a note under section
286b of this title).
1-502. Department of Commerce. There is hereby delegated to the
Secretary of Commerce so much of the functions conferred upon the
President by section 601(b)(1) of the Act (22 U.S.C. 2351(b)(1)) as
consists of drawing the attention of private enterprise to opportunities
for investment and development in less developed friendly countries and
areas.
1-503. Office of Personnel Management. There is hereby delegated to
the Director of the Office of Personnel Management the function of
prescribing regulations conferred upon the President by the proviso
contained in section 625(b) of the Act (22 U.S.C. 2385(b)).
1-504. International Communication Agency (now United States
Information Agency). The International Communication Agency (now United
States Information Agency) shall perform all public information
functions abroad with respect to the foreign assistance, aid, and
development programs of the United States Government.
1-505. Development Loan Committee. There is hereby established a
Development Loan Committee in accordance with section 122(e) of the Act
(22 U.S.C. 2151t(e)) which shall consist of the Director of IDCA, who
shall be Chair, the Administrator of the Agency for International
Development, the Chairman of the Board of Directors of the Export-Import
Bank of the United States, the Assistant Secretary of State for Economic
Affairs, the Assistant Secretary of the Treasury dealing with
international finance, the Assistant Secretary of Commerce for Industry
and Trade, and the officer of the Agency for International Development
dealing with development financing.
1-506. Development Coordination Committee. (a) In accordance with
section 640B of the Act (22 U.S.C. 2399c), there is hereby established a
Development Coordination Committee (hereinafter referred to as the
Committee). The Committee shall consist of the Director of IDCA, who
shall be Chair; the Administrator of the Agency for International
Development, the Director of the Institute for Scientific and
Technological Cooperation; the Under Secretary of State for Economic
Affairs; the Under Secretary of the Treasury for Monetary Affairs; the
Under Secretary of Commerce; the Under Secretary of Agriculture; the
Under (Deputy) Secretary of Labor; the Under Secretary of Energy; a
Deputy Special Representative for Trade Negotiations; an Associate
Director of the Office of Management and Budget; a representative of
the Assistant to the President for National Security Affairs; the
President of the Export-Import Bank of the United States; the Director
of the Peace Corps; and the President of the Overseas Private
Investment Corporation.
(b) Whenever matters within the jurisdiction of the Committee may be
of interest to Federal agencies not represented on the Committee under
subsection (a) of this section, the Chair of the Committee may consult
with such agencies and may invite them to designate representatives to
participate in meetings and deliberations of the Committee.
(c) The Chair of the Committee may establish subcommittees of the
Committee and designate the chairs thereof.
(d) Subject to the foreign policy guidance of the Secretary of State,
the Committee shall advise the President with respect to coordination of
United States policy and programs affecting the development of
developing countries, including programs of bilateral and multilateral
development assistance.
(e) All agencies and officers of the Government shall keep the
Committee informed in necessary detail as to the policies, programs and
activities referred to in subsection (d) of this section.
(f) Nothing herein shall be deemed to derogate from the
responsibilities of the Secretary of State or the Secretary of the
Treasury, or from responsibilities vested elsewhere by law or other
Executive orders.
Consultation
1-601. General Delegation of Functions. There are hereby delegated
to the heads of agencies having responsibilities for carrying out the
provisions of the Act (this chapter) all functions conferred upon the
President by:
(a) section 654 (22 U.S.C. 2414) (except as reserved to the
President); and
(b) those provisions of acts appropriating funds under the authority
of the Act (this chapter) that relate to the Act, or other acts
authorizing such funds, insofar as they relate to the functions
delegated by this order.
1-602. Personnel. (a) In carrying out the functions conferred upon
the President by the provisions of section 625(d) of the Act (22 U.S.C.
2385(d)), and by this order delegated to the Director of IDCA, the
Director shall authorize such of the agencies that administer programs
under the Act (this chapter) as he may deem appropriate to perform any
of the functions under section 625(d) of the Act to the extent that the
said functions relate to the programs administered by the respective
agencies.
(b) Persons appointed, employed, or assigned after May 19, 1959,
under section 527(c) of the Mutual Security Act of 1954 (22 U.S.C.
1787(c)) or section 625(d) of the Act (22 U.S.C. 2385(d)) for the
purpose of performing functions under such Acts outside the United
States shall not, unless otherwise agreed by the agency in which such
benefits may be exercised, be entitled to the benefits provided by
section 310 of the Foreign Service Act of 1980 (22 U.S.C. 3950) in cases
in which their service under the appointment, employment, or assignment
exceeds thirty months.
1-603. Special Missions and Staffs Abroad. The maintenance of
special missions or staffs abroad, the fixing of the ranks of the chiefs
thereof after the chiefs of the United States diplomatic missions, and
the authorization of the same compensation and allowances authorized for
a chief of mission as defined in section 102(a)(3) of the Foreign
Service Act of 1980 (22 U.S.C. 3902(a)(3)), all under section 631 of the
Act (22 U.S.C. 2391), shall be subject to the approval of the Secretary
of State.
1-604. International Agreements. The negotiation, conclusion, and
termination of international agreements pursuant to the Act (this
chapter), title IV of the IDC Act of 1979 (22 U.S.C. 3501 et seq.) or
section 402 of the Mutual Security Act of 1954 (22 U.S.C. 1922) shall be
subject to the requirements of 1 U.S.C. 112b and to applicable
regulations and procedures.
1-605. Interagency Consultation. Each officer to whom functions are
delegated by this order, shall, in carrying out such functions, consult
with the heads of other departments and agencies, including the Director
of the Office of Management and Budget, on matters pertaining to the
responsibilities of departments and agencies other than his or her own.
1-701. Reservation of Functions to the President. There are hereby
excluded from the functions delegated by the foregoing provisions of
this order:
(a) The functions conferred upon the President by sections 122(e),
298(a), 504(b), 613(a), 614(a), 620(a), 620(d), 620(x), 620A, 620C(c),
621(a), 622(b), 622(c), 633(a), 633(b), 640B, 662(a), and 663(b) of the
Act (22 U.S.C. 2151t(e), 2220c(a), 2312(b), 2363(a), 2364(a), 2370(a),
(d), (x), 2371, 2373(c), 2381(a), 2382(b), (c), 2393(a), (b), 2399c,
2422(a), and 2423(b)).
(b) The functions conferred upon the President by sections 402, 405(
a), 406 and 407 of the IDC Act of 1979 (22 U.S.C. 3502, 3505(a), 3506,
3507).
(c) The functions conferred upon the President by the Act (this
chapter) and section 408(b) of the Mutual Security Act of 1954 (22 U.S.
C. 1928) with respect to the appointment of officers required to be
appointed by and with the advice and consent of the Senate and with
respect to the appointment of officers pursuant to sections 233(b) and
624(c) of the Act (22 U.S.C. 2193(b), 2384(c)).
(d) The functions conferred upon the President with respect to
determinations, certifications, directives, or transfers of funds, as
the case may be, by sections 303, 465(b), 481(h), 505(d)(2)(A), 505(d)(
3), 506(a), 552(c), 552(e), 610, 614(c), 620E, 632(b), 633A, 663(a),
669(b)(1), 670(a), 670(b)(2), and 670(b)(3) of the Act (22 U.S.C. 2223,
2275(b), 2291(h), 2314(d)(2)(A), (d)(3), 2318(a), 2348(c), (e), 2360,
2364(c), 2375, 2392(b), 2393a, 2423(a), 2429(b)(1), and 2429a(a), (b)(
2), and (b)(3)); those under section 604(a) of the Act (22 U.S.C.
2354(a)) except insofar as they relate to procurement under chapter 1 of
part I and chapter 4 of part II (22 U.S.C. 2151 et seq., 2346 et seq.).
(e) The following-described functions conferred upon the President:
(1) Those under section 503(a) (22 U.S.C. 2311(a)) that relate to
findings: Provided, that the Secretary of State, in the implementation
of the functions delegated to him under section 505(a)(1), (a)(4), and
(e) of the Act (22 U.S.C. 2314(a)(1), (a)(4), and (e)), is authorized to
find, in the case of a proposed transfer of a defense article or related
training or a related defense service by a foreign country or
international organization to a foreign country or international
organization not otherwise eligible under section 503(a) of the Act,
whether the proposed transfer will strengthen the security of the United
States and promote world peace.
(2) Those under section 505(b) (22 U.S.C. 2314(b)) in respect of
countries that do not agree to the conditions set forth therein.
(3) That under section 614(b) (22 U.S.C. 2364(b)) with respect to
determining any provisions of law to be disregarded to achieve the
purpose of that section.
(4) That under the second sentence of section 654(c) (22 U.S.C.
2414(c)) with respect to the publication in the Federal Register of any
findings or determination reserved to the President: Provided, that any
officer to whom there is delegated the function of making any finding or
determination within the purview of section 654(a) (22 U.S. C. 2414(a))
is also authorized to reach the conclusion specified in performance of
the function delegated to him.
(f) That under section 523(d) of the Mutual Security Act of 1954 (22
U.S.C. 1783(d)).
(g) Those under sections 130, 131 (Pub. L. 99-83, Aug. 8, 1985, 99
Stat. 207), 504 and 505 (22 U.S.C. 2349aa-8, 2349aa-9) of the ISDCA of
1985(.)
1-702. Subsequent Amendments. Functions conferred upon the President
by subsequent amendments to the Act (this chapter) are delegated to the
Director only insofar as they do not relate directly and necessarily to
the conduct of programs and activities that either the President or an
agency other than IDCA is authorized to administer pursuant to express
reservation or delegation of authorities in a statute or in this or
another Executive order.
1-801. Allocation of Funds. Funds appropriated or otherwise made
available to the President for carrying out the Act (this chapter) shall
be deemed to be allocated without any further action of the President,
as follows:
(a) There are allocated to the Director (1) all funds made available
for carrying out the Act (this chapter) except those made available for
carrying out Part II of the Act (22 U.S.C. 2301 et seq.) (other than
chapter 4 thereof (22 U.S.C. 2346 et seq.)), section 481 of the Act (22
U.S.C. 2291), and section 637(b) of the Act (22 U.S.C. 2397(b)), and (2)
all funds made available for carrying out title IV of the IDC Act of
1979 (22 U.S.C. 3501 et seq.).
(b) There are allocated to the Secretary of Defense funds made
available for carrying out Part II of the Act (22 U.S.C. 2301 et seq.)
(except chapters 4, 6 and 8 thereof) (22 U.S.C. 2346 et seq., 2348 et
seq., 2349aa et seq.)).
(c) There are allocated to the Secretary of State funds made
available for carrying out sections 481 and 637(b) (22 U.S.C. 2291,
2397(b)) and chapters 6 and 8 of Part II of the Act (22 U.S.C. 2348 et
seq., 2349aa et seq.).
1-802. Reallocation of Funds. The Director of IDCA, the Secretary of
Defense, and the Secretary of State may allocate or transfer as
appropriate any funds received under subsections (a), (b), and (c),
respectively of section 1-801 of this order, to any agency or part
thereof for obligation or expenditure thereby consistent with applicable
law.
1-901. Definition. As used in this order, the word ''function''
includes any duty, obligation, power, authority, responsibility, right,
privilege, discretion, or activity.
1-902. References to Orders and Acts. Except as may for any reason
be inappropriate:
(a) References in this order or in any other Executive order to (1)
the Foreign Assistance Act of 1961 (this chapter) (including references
herein to ''the Act''), (2) unrepealed provisions of the Mutual Security
Act of 1954 (act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended), or
(3) any other act that relates to the subject of this order shall be
deemed to include references to any subsequent amendments thereto.
(b) References in any prior Executive order to the Mutual Security
Act of 1954 (act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended) or
any provisions thereof shall be deemed to be references to the Act (this
chapter) or the corresponding provision, if any, thereof.
(c) References in this order to provisions of any Act, and references
in any other Executive order or in any memorandum delegation to
provisions of any Act related to the subject of this order shall be
deemed to include references to any hereafter-enacted provision of law
that is the same or substantially the same as such provisions,
respectively.
(d) References in this order or in any other Executive order to this
order or to any provision thereof shall be deemed to include references
thereto, respectively, as amended from time to time.
(e) References in any prior Executive order not superseded by this
order to any provisions of any Executive order so superseded shall
hereafter be deemed to be references to the corresponding provisions, if
any, of this order.
1-903. Prior Executive Orders. (a) The following are revoked:
(1) Executive Order No. 10973 (22 U.S.C. 2381 note) of November 3,
1961, as amended;
(2) section 2(a) of Executive Order No. 11579 (22 U.S.C. 2191 note),
of January 19, 1971; and
(3) Executive Order No. 10893 (22 U.S.C. 2382 note) of November 8,
1960.
(b) The following are amended:
(1) section 3(a) of Executive Order No. 11846 of March 27, 1975, as
amended (19 U.S.C. 2111 note), by adding the following new paragraph
(12) after paragraph (11):
''(12) The Director of the United States International Development
Cooperation Agency'';
(2) section 1-202 of Executive Order 12065 of June 28, 1978 (50 U.S.
C. 401 note), by striking out ''The Administrator, Agency for
International Development'' and inserting in lieu thereof ''The Director
of the United States International Development Cooperation Agency'';
(3) section 2(a) of Executive Order No. 11958 of January 18, 1977
(22 U.S.C. 2751 note), by striking out ''the Administrator of the Agency
for International Development'' and inserting in lieu thereof ''the
Director of the United States International Development Cooperation
Agency'';
(4) section 3 of Executive Order 10900 of January 5, 1961 (7 U.S.C.
1691 note), by adding thereto the following new subsection:
''(d) The Secretary of State may redelegate to the Director of the
United States International Development Cooperation Agency, or to any
other officer or agency of the Executive branch, functions delegated to
such Secretary by this order.'';
(5) section 4 of Executive Order 11223 of May 12, 1965 (22 U.S.C.
2393 note), by inserting immediately following ''the Secretary of
State'' the words ''or the Director of the United States International
Development Cooperation Agency (with respect to functions vested in or
delegated to the Director)''; and
(6) the President's memorandum of October 18, 1961, entitled
''Determination Under Section 604(a) of the Foreign Assistance Act of
1961'' (26 FR 10543) is amended by inserting after ''the Secretary of
State'' each time it appears in such memorandum the words ''or the
Director of the United States International Development Cooperation
Agency (with respect to non-military programs administered by such
Agency)''.
(c) Any reference in any other Executive order to the Agency for
International Development or the Administrator thereof shall be deemed
to refer also to the International Development Cooperation Agency or the
Director thereof, respectively.
(d) As authorized by section 403(c) of the IDC Act of 1979 (22 U.S.
C. 3503(c)), the reference in Executive Order No. 11223 of May 12, 1965
(22 U.S.C. 2393 note) to ''the performance of functions authorized by
this Act'' shall be deemed to include the performance of functions
authorized by section 403 of the IDC Act of 1979 (22 U.S.C. 3503).
1-904. Saving Provisions. Except to the extent inconsistent with
this order, all delegations of authority, determinations,
authorizations, regulations, rulings, certificates, orders, directives,
contracts, agreements, and other actions made, issued, or entered into
with respect to any function affected by this order and not revoked,
superseded, or otherwise made inapplicable before the date of this
order, shall continue in full force and effect until amended, modified,
or terminated by appropriate authority.
1-905. Effective Date. The provisions of this order shall become
effective as of October 1, 1979.
/1/ As amended May 21, 1979.
22 USC 2381a. Strengthened management practices
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Declaration of beliefs
The Congress believes that United States foreign aid funds could be
utilized more effectively by the application of advanced management
decisionmaking, information and analysis techniques such as systems
analysis, automatic data processing, benefit-cost studies, and
information retrieval.
(b) Management system; establishment; scope
To meet this need, the President shall establish a management system
that includes: the definition of objectives and programs for United
States foreign assistance; the development of quantitative indicators
of progress toward these objectives; the orderly consideration of
alternative means for accomplishing such objectives; and the adoption
of methods for comparing actual results of programs and projects with
those anticipated when they were undertaken. The system should provide
information to the agency and to Congress that relates agency resources,
expenditures, and budget projections to such objectives and results in
order to assist in the evaluation of program performance, the review of
budgetary requests, and the setting of program priorities.
(Pub. L. 87-195, pt. III, 621A, as added Pub. L. 90-554, pt. III,
302(b), Oct. 8, 1968, 82 Stat. 964, and amended Pub. L. 95-424, title V,
502(d)(1), Oct. 6, 1978, 92 Stat. 959.)
1978 -- Subsec. (c). Pub. L. 95-424 struck out subsec. (c) relating
to annual reports to Congress by the President evaluating the progress
made toward implementation of this section.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by sections 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
22 USC 2382. Coordination with foreign policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Powers or functions of Secretary of State
Nothing contained in this chapter shall be construed to infringe upon
the powers or functions of the Secretary of State.
(b) Coordination among representatives of United States
The President shall prescribe appropriate procedures to assure
coordination among representatives of the United States Government in
each country, under the leadership of the Chief of the United States
Diplomatic Mission. The Chief of the diplomatic mission shall make sure
that recommendations of such representatives pertaining to military
assistance (including civic action) and military education and training
programs are coordinated with political and economic considerations, and
his comments shall accompany such recommendations if he so desires.
(c) Responsibility for supervision and general direction of
assistance programs
Under the direction of the President, the Secretary of State shall be
responsible for the continuous supervision and general direction of
economic assistance, military assistance, and military education and
training programs, including but not limited to determining whether
there shall be a military assistance (including civic action) or a
military education and training program for a country and the value
thereof, to the end that such programs are effectively integrated both
at home and abroad and the foreign policy of the United States is best
served thereby.
(Pub. L. 87-195, pt. III, 622, Sept. 4, 1961, 75 Stat. 446; Pub. L.
89-171, pt. III, 302(a), Sept. 6, 1965, 79 Stat. 660; Pub. L. 89-583,
pt. III, 302(a), Sept. 19, 1966, 80 Stat. 807; Pub. L. 90-629, ch. 4,
45(b)(1), (2), Oct. 22, 1968, 82 Stat. 1327; Pub. L. 94-329, title I,
106(b)(2), June 30, 1976, 90 Stat. 733.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
1976 -- Subsec. (b). Pub. L. 94-329, 106(b)(2)(A), inserted ''and
military education and training'' after ''(including civic action)''.
Subsec. (c). Pub. L. 94-329, 106(b)(2)(B), inserted reference to
military education and training programs in two places.
1968 -- Subsec. (b). Pub. L. 90-629, 45(b)(1), struck out ''or
sales'' before ''programs''.
Subsec. (c). Pub. L. 90-629, 45(b)(2), struck out ''and sales'' and
''or sales'' before ''programs'' and ''program'', respectively.
1966 -- Subsec. (b). Pub. L. 89-583, 302(a)(1), substituted
''(including civic action) or sales programs'' for ''(including any
civic action and sales program)''.
Subsec. (c). Pub. L. 89-583, 302(a)(2), substituted ''economic
assistance and military assistance and sales programs'' and ''military
assistance (including civic action) or sales program'' for ''the
assistance programs authorized by this chapter'' and ''military
assistance program (including civic action and sales program)'',
respectively.
1965 -- Subsec. (b). Pub. L. 89-171, 302(a)(1), inserted
''(including any civic action and sales program)''.
Subsec. (c). Pub. L. 89-171, 302(a)(2), inserted ''including any
civic action and sales program)''.
Amendment by Pub. L. 90-629 effective July 1, 1968, see section 41
of Pub. L. 90-629, set out as an Effective Date note under section 2751
of this title.
Functions and authorities vested in Secretary of State pursuant to
subsec. (c) of this section insofar as they relate to development
assistance transferred to Director of United States International
Development Cooperation Agency by Reorg. Plan No. 2 of 1979, 6(c)( 1),
44 F.R. 41166, 93 Stat. 1379, eff. Oct. 1, 1979, pursuant to Ex. Ord.
No. 12163, 1-101, Sept. 29, 1979, 44 F.R. 56673, set out as notes under
section 2381 of this title.
Ex. Ord. No. 10338, Apr. 4, 1952, 17 F.R. 3009, provided:
Section 1. Functions of the Chief of the United States Diplomatic
Mission. (a) The Chief of the United States Diplomatic Mission in each
country, as the representative of the President and acting on his
behalf, shall coordinate the activities of the United States
representatives (including the chiefs of economic missions, military
assistance advisory groups, and other representatives of agencies of the
United States Government) in such country engaged in carrying out
programs under the Mutual Security Act of 1951 (hereinafter referred to
as the Act) (section 1509 et seq. of this title), and he shall assume
responsibility for assuring the unified development and execution of the
said programs in such country. More particularly, the functions of each
Chief of United States Diplomatic Mission shall include, with respect to
the programs and country concerned:
(1) Exercising general direction and leadership of the entire effort.
(2) Assuring that recommendations and prospective plans and actions
of the United States representatives are effectively coordinated and are
consistent with and in furtherance of the established policy of the
United States.
(3) Assuring that the interpretations and application of instructions
received by the United States representatives from higher authority are
in accordance with the established policy of the United States.
(4) Guiding the United States representatives in working out measures
to prevent duplication in their efforts and to promote the most
effective and efficient use of all United States officers and employees
having mutual security responsibilities.
(5) Keeping the United States representatives fully informed as to
current and prospective United States policies.
(6) Prescribing procedures governing the coordination of the
activities of the United States representatives, and assuring that these
representatives shall have access to all available information essential
to the accomplishment of their prescribed duties.
(7) Preparing and submitting such reports on the operation and status
of the programs under the Act as may be directed by the Director for
Mutual Security.
(b) Each Chief of United States Diplomatic Mission shall perform his
functions under this order in accordance with instructions from higher
authority and subject to established policies and programs of the United
States.
(c) No Chief of United States Diplomatic Mission shall delegate any
function conferred upon him by the provisions of this order which
directly involves the exercise of direction, coordination, or authority.
Sec. 2. Referral of unresolved matters. The Chief of the United
States Diplomatic Mission in each country shall initiate steps to
reconcile any divergent views arising in the country concerned with
respect to programs under the Act. If agreement cannot be reached the
Chief of the United States Diplomatic Mission shall recommend a course
of action, and such course of action shall be followed unless a United
States representative requests that the issue be referred to higher
authority for decision. If such a request is made, the parties
concerned shall promptly refer the issue to higher authority for
resolution prior to taking action at the country level. The Director
for Mutual Security shall assure expeditious decisions on matters so
submitted.
Sec. 3. Effect of order on United States representatives. (a) All
United States representatives in each country shall be subject to the
responsibilities imposed upon the Chief of the United States Diplomatic
Mission in such country by section 507 of the Mutual Security Act of
1951 (section 1658 of this title) and by this order.
(b) Subject to compliance with the provisions of this order and with
the prescribed procedures of their respective agencies, all United
States representatives affected by this order (1) shall have direct
communication with their respective agencies and with such other parties
and in such manner as may be authorized by their respective agencies,
(2) shall keep the respective Chiefs of United States Diplomatic
Missions and each other fully and currently informed on all matters,
including prospective plans, recommendations, and actions, relating to
programs under the Act, and (3) shall furnish to the respective Chiefs
of United States Diplomatic Missions, upon their request, documents and
information concerning the said programs.
Sec. 4. Further coordination procedures. The Director for Mutual
Security shall be responsible for assuring the carrying out of the
provisions of this order. He is authorized to prescribe, after
consultation with the interested Government agencies, any additional
procedures he may find necessary to carry out the provisions of this
order.
Sec. 5. Prior orders. (a) To the extent that provisions of any prior
order are inconsistent with the provisions of this order, the latter
shall control, and any such prior provisions are amended accordingly.
All orders, regulations, rulings, certificates, directives, and other
actions relating to any function affected by this order shall remain in
effect except as they are inconsistent herewith or are hereafter amended
or revoked under proper authority.
(b) Nothing in this order shall affect Executive Orders Nos. 10062,
10063, and 10144 of June 6, 1949, June 13, 1949, and July 21, 1950,
respectively.
(c) Executive Orders Nos. 9857, 9862, 9864, 9914, 9944, 9960, 10208,
and 10259 of May 22, 1947, May 31, 1947, December 26, 1947, April 9,
1948, May 19, 1948, January 25, 1951, and June 27, 1951, respectively,
are hereby revoked.
Ex. Ord. No. 10893, Nov. 8, 1960, 25 F.R. 10731, as amended, which
related to the administration of mutual security and related functions,
was revoked by Ex. Ord. No. 12163, 1-903(a)(3), Sept. 29, 1979, 44 F.
R. 56679, eff. Oct. 1, 1979, set out as a note under section 2381 of
this title. Ex. Ord. No. 10893 was also revoked, except section 201
thereof, by section 1-501(h) of Ex. Ord. No. 12220, June 27, 1980, 45
F.R. 44247, formerly set out as a note under section 1691 of Title 7,
Agriculture.
Ex. Ord. No. 12066, June 29, 1978, 43 F.R. 28965, which related to
the inspection of foreign assistance programs, was revoked by section
10(k) of Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968, set out as
a note under section 3901 of this title.
22 USC 2383. Responsibilities of the Secretary of Defense; priorities
in procurement, delivery, and allocation of military equipment
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) In the case of assistance under subchapter II of this chapter,
the Secretary of Defense shall have primary responsibility for --
(1) the determination of military end-item requirements;
(2) the procurement of military equipment in a manner which permits
its integration with service programs;
(3) the supervision of end-item use by the recipient countries;
(4) the supervision of the training of foreign military and related
civilian personnel;
(5) the movement and delivery of military end-items; and
(6) within the Department of Defense, the performance of any other
functions with respect to the furnishing of military assistance,
education and training.
(b) The establishment of priorities in the procurement, delivery, and
allocation of military equipment shall be determined by the Secretary of
Defense.
(Pub. L. 87-195, pt. III, 623, Sept. 4, 1961, 75 Stat. 446; Pub. L.
94-329, title I, 106(b)(3), June 30, 1976, 90 Stat. 733.)
References to subchapter II of this chapter are deemed to exclude
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II, and references to subchapter I of this chapter are
deemed to include such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
1976 -- Subsec. (a)(4). Pub. L. 94-329, 106(b)(3)(A), inserted ''and
related civilian'' after ''military''.
Subsec. (a)(6). Pub. L. 94-329, 106(b)(3)(B), inserted ''education
and training'' after ''assistance''.
22 USC 2384. Statutory officers
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Appointment
The President may appoint, by and with the advice and consent of the
Senate, twelve officers in the agency primarily responsible for
administering subchapter I of this chapter, and in the selection of one
of such persons due consideration shall be given to persons qualified as
professional engineers.
(b) Rate of compensation; title of officers; order of succession
Within the limitations established by subsection (a) of this section,
the President may fix the rate of compensation, and may designate the
title of, any officer appointed pursuant to the authority contained in
that subsection. The President may also fix the order of succession
among the officers provided for in subsection (a) of this section in the
event of the absence, death, resignation, or disability of one or more
of said officers.
(c) Appointment of certain statutory officers to comparable positions
Any person who was appointed by and with the advice and consent of
the Senate, to any statutory position authorized by any provision of law
repealed by section 642(a) and who is serving in one of such positions
at the time of transfer of functions pursuant to subsections (c) and (d)
of section 2381 of this title, may be appointed by the President to a
comparable position authorized by subsection (a) of this section on the
date of the establishment of the agency primarily responsible for
administering subchapter I of this chapter, without further action by
the Senate.
(d) Repealed. Pub. L. 95-88, title I, 124(a)(1), Aug. 3, 1977, 91
Stat. 541
(e) Coordinator for security assistance
In addition to the officers otherwise provided for in this section,
the President shall appoint, by and with the advice and consent of the
Senate, one officer for the purpose of coordinating security assistance
programs.
(f) Assistant Secretary of State for Human Rights and Humanitarian
Affairs
(1) There shall be in the Department of State an Assistant Secretary
of State for Human Rights and Humanitarian Affairs who shall be
responsible to the Secretary of State for matters pertaining to human
rights and humanitarian affairs (including matters relating to refugees,
prisoners of war, and members of the United States Armed Forces missing
in action) in the conduct of foreign policy. The Secretary of State
shall carry out his responsibility under section 2304 of this title
through the Assistant Secretary.
(2) The Assistant Secretary of State for Human Rights and
Humanitarian Affairs shall maintain continuous observation and review of
all matters pertaining to human rights and humanitarian affairs
(including matters relating to refugees, prisoners of war, and members
of the United States Armed Forces missing in action) in the conduct of
foreign policy including --
(A) gathering detailed information regarding humanitarian affairs and
the observance of and respect for internationally recognized human
rights in each country to which requirements of sections 2151n and 2304
of this title are relevant;
(B) preparing the statements and reports to Congress required under
section 2304 of this title;
(C) making recommendations to the Secretary of State and the Director
of the United States International Development Cooperation Agency
regarding compliance with sections 2151n and 2304 of this title, and as
part of the Assistant Secretary's overall policy responsibility for the
creation of United States Government human rights policy, advising the
Administrator of the Agency for International Development on the policy
framework under which section 2151n(e) of this title projects are
developed and consulting with the Administrator on the selection and
implementation of such projects; and
(D) performing other responsibilities which serve to promote
increased observance of internationally recognized human rights by all
countries.
(Pub. L. 87-195, pt. III, 624, Sept. 4, 1961, 75 Stat. 447; Pub. L.
87-565, pt. III, 302(b), Aug. 1, 1962, 76 Stat. 262; Pub. L. 88-205,
pt. III, 302(b), Dec. 16, 1963, 77 Stat. 388; Pub. L. 88-426, title
III, 305(33), (42), Aug. 14, 1964, 78 Stat. 426, 428; Pub. L. 89-171,
pt. III, 302(b), Sept. 6, 1965, 79 Stat. 660; Pub. L. 89-583, pt. III,
302(b), Sept. 19, 1966, 80 Stat. 807; Pub. L. 90-137, pt. III, 302(a),
Nov. 14, 1967, 81 Stat. 460; Pub. L. 91-175, pt. III, 304, Dec. 30,
1969, 83 Stat. 821; Pub. L. 92-226, pt. III, 302, Feb. 7, 1972, 86
Stat. 28; Pub. L. 94-329, title III, 301(b), June 30, 1976, 90 Stat.
750; Pub. L. 95-88, title I, 124(a)(1), Aug. 3, 1977, 91 Stat. 541;
Pub. L. 95-105, title I, 109(a)(1), Aug. 17, 1977, 91 Stat. 846; Pub.
L. 95-424, title V, 504, Oct. 6, 1978, 92 Stat. 959; 1979 Reorg. Plan
No. 2, 6(a)(1), eff. Oct. 1, 1979, 44 F.R. 41166, 93 Stat. 1379; Pub.
L. 96-533, title VII, 706, Dec. 16, 1980, 94 Stat. 3158; Pub. L.
97-113, title VII, 705(b)(1), Dec. 29, 1981, 95 Stat. 1545; Pub. L.
98-164, tile X, 1002(b), Nov. 22, 1983, 97 Stat. 1052.)
Section 642(a), referred to in subsec. (c), means section 642(a) of
Pub. L. 87-195, which is set out as a note under section 2151 of this
title.
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
1983 -- Subsec. (f)(2)(C). Pub. L. 98-164 inserted provisions
relating to providing advice to the Administrator of the Agency for
International Development on policy framework.
1981 -- Subsec. (g). Pub. L. 97-113 struck out subsec. (g) which
related to the Inspector General and the duties, responsibilities, and
compensation of such official. See sections 2, 8A, and 11 of the
Inspector General Act of 1978, Pub. L. 95-452, Oct. 12, 1978, 92 Stat.
1101, as amended, set out in the Appendix to Title 5, Government
Organization and Employees.
1980 -- Subsec. (g). Pub. L. 96-533 substituted in pars. (1) to (5)
''Inspector General'' for ''Auditor General'' wherever appearing; in
par. (3), imposed upon the Inspector General requirement of
supervising, directing, and controlling security activities, including
audit, investigative, and security activities relating to programs and
operations within the United States International Development
Cooperation Agency; in par. (4) required submission of an annual
report to the Director; and added pars. (6) to (9).
1978 -- Subsec. (g). Pub. L. 95-424 added subsec. (g).
1977 -- Subsec. (d). Pub. L. 95-88 struck out subsec. (d) which
provided for an Inspector General, Foreign Assistance.
Subsec. (f)(1). Pub. L. 95-105, 109(a)(1)(A), substituted references
to the Assistant Secretary of State for Human Rights and Humanitarian
Affairs for references to the Coordinator for Human Rights and
Humanitarian Affairs.
Subsec. (f)(2). Pub. L. 95-105, 109(a)(1)(B), substituted ''Assistant
Secretary of State'' for ''Coordinator''.
1976 -- Subsec. (f). Pub. L. 94-329 added subsec. (f).
1972 -- Subsec. (e). Pub. L. 92-226 added subsec. (e).
1969 -- Subsec. (d)(2)(A). Pub. L. 91-175, 304(1), inserted
provision including the Overseas Private Investment Corporation in
Inspector General's reviews and audits, and inserted provision
authorizing the conduct of such reviews and audits for programs under
section 290f of this title.
Subsec. (d)(5), (7). Pub. L. 91-175, 304(2), (3), included section
290f of this title within provisions of this section.
1967 -- Subsec. (d)(2)(B). Pub. L. 90-137 struck out ''of
assistance'' after ''programs'' in two places.
1966 -- Subsec. (d)(8). Pub. L. 89-583 added par. (8).
1965 -- Subsec. (b). Pub. L. 89-171, 302(b)(1), struck out
''paragraph (3) of'' before ''subsection (a) of this section'' the
second time it appears and substituted ''of one or more of said
officers'' for ''of the officers provided for in paragraphs (1) and (2)
of that subsection''.
Subsec. (d)(2)(A), (5), (7). Pub. L. 89-171, 302(b)(2), substituted
''the Latin American Development Act, as amended'' for ''Public Law
86-735''.
1964 -- Subsec. (a). Pub. L. 88-426, 305(42), repealed provisions
which related to the appointment of an Under Secretary, Deputy Under
Secretary and ten Assistant Secretaries and prescribed their rates of
compensation.
Subsec. (d)(1). Pub. L. 88-426, 305(33), repealed provisions which
prescribed the compensation of the Inspector General, Deputy Inspector
General and Assistant Inspector Generals. See section 5315 of Title 5,
Government Organization and Employees.
1963 -- Subsecs. (a)(2), (3). Pub. L. 88-205, 302(b)(1), (2),
reduced the number of Deputy Under Secretaries from two to one in par.
(2), and increased the number of Assistant Secretaries from 9 to 10 in
par. (3).
Subsec. (b). Pub. L. 88-205, 302(b)(3), made conforming changes in
language to reflect that only one Deputy Under Secretary may now be
appointed.
Subsec. (d)(1). Pub. L. 88-205, 302(b)(4), inserted ''who shall be
appointed by the President by and with the advice and consent of the
Senate,'' and increased the salary of the Deputy Inspector General,
Foreign Assistance, from $19,500 to $20,000.
1962 -- Subsecs. (d), (e). Pub. L. 87-565 redesignated subsec. (e)
as (d), inserted '', and programs being conducted by United States
Government Agencies under sections 1942 to 1945 of this title,'' in par.
2(A), and '', and sections 1942 to 1945 of this title,'' in pars. (5)
and (7), and repealed former subsec. (d) which related to the temporary
continuation of certain statutory positions.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Section 124(c) of Pub. L. 95-88 provided that: ''The amendments
made by this section (amending this section and section 5315 of Title 5,
Government Organization and Employees, and enacting provisions set out
as a note under this section) shall take effect on July 1, 1978.''
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub.
L. 88-426.
''Director of the United States International Development Cooperation
Agency'' substituted for ''Administrator of the Agency for International
Development'' in subsec. (f)(2)(C) pursuant to Reorg. Plan No. 2 of
1979, 6(a)(1), 44 F.R. 41166, 93 Stat. 1379, eff. Oct. 1, 1979, as
provided in Ex. Ord. No. 12163, 1-101, Sept. 29, 1979, 44 F.R. 56673,
set out as notes under section 2381 of this title.
For abolition of one of the positions that the President may appoint
under subsec. (a), see Reorg. Plan No. 2 of 1979, 7, 44 F.R. 41166,
93 Stat. 1379, eff. July 1, 1980, set out as a note under section 2381
of this title.
For service of the officers provided for in subsec. (a) in the
Agency for International Development and appointment of the
Administrator of such Agency pursuant to subsec. (a), see section
1-103(b) and (c) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
56673, eff. Oct. 1, 1979, set out as a note under section 2381 of this
title.
Section 109(a)(6) of Pub. L. 95-105 provided that: ''The individual
holding the position of Coordinator for Human Rights and Humanitarian
Affairs on the date of enactment of this section (Aug. 17, 1977) shall
assume the duties of the Assistant Secretary of State for Human Rights
and Humanitarian Affairs and shall not be required to be reappointed by
reason of the enactment of this section.''
Section 109(a)(7) of Pub. L. 95-105, which required the Secretary of
State, not later than Jan. 31, 1978, to transmit to the Speaker of the
House of Representatives and the chairmen of the Senate Committee on
Foreign Relations and the Senate Committee on the Judiciary a
comprehensive report on the Office of the Assistant Secretary for Human
Rights and Humanitarian Affairs, including its current mandate and
operations, the mandate and operations of its predecessor offices, and
proposals for the reorganization of the Department of State that would
strengthen human rights and humanitarian considerations in the conduct
of United States foreign policy and promote the ability of the United
States to participate effectively in international humanitarian efforts,
was repealed by Pub. L. 97-241, title V, 505(a)(3), Aug. 24, 1982, 96
Stat. 299, and Pub. L. 98-164, title X, 1011(a)(5), Nov. 22, 1983, 97
Stat. 1061.
Section 124(a)(2) of Pub. L. 95-88, which provided that the
President (A) may assign to the Inspector General, Foreign Service, any
of the duties and responsibilities vested by such section 624(d)
(subsec. (d) of this section) in the Inspector General, Foreign
Assistance, and (B) may authorize the Inspector General, Foreign
Service, to exercise such of the authorities granted by such section
624(d) (subsec. (d) of this section) to the Inspector General, Foreign
Assistance, as the President determines are necessary to carry out any
duties or responsibilities so assigned, was repealed by Pub. L.
96-465, title II, 2205(11), Oct. 17, 1980, 94 Stat. 2160. See section
3929 of this title.
Compensation of officers, see chapter 53 of Title 5, Government
Organization and Employees.
22 USC 2385. Employment of personnel
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization
Any agency or officer of the United States Government carrying out
functions under this chapter is authorized to employ such personnel as
the President deems necessary to carry out the provisions and purposes
of this chapter.
(b) Appointments excepted from civil-service laws; supergrade
positions; reinstatement
Of the personnel employed in the United States to carry out
subchapter I of this chapter or coordinate subchapter I and subchapter
II of this chapter, not to exceed one hundred and ten may be appointed,
compensated, or removed without regard to the provisions of any law, of
whom not to exceed fifty-one may be compensated at rates higher than
those provided for grade 15 of the general schedule established by
section 5332 of title 5, but not in excess of the highest rate of grade
18 of such general schedule: Provided, That, under such regulations as
the President shall prescribe, officers and employees of the United
States Government who are appointed to any of the above positions may be
entitled, upon removal from such position, to reinstatement to the
position occupied at the time of appointment or to a position of
comparable grade and salary. Such positions shall be in addition to
those authorized by law to be filled by Presidential appointment, and in
addition to the number authorized by section 5108 of title 5.
(c) Additional supergrade positions
Of the personnel employed in the United States to carry out
subchapter II of this chapter, or any Act superseding subchapter II of
this chapter in whole or in part, not to exceed eight may be compensated
at rates higher than those provided for grade 15 of the general schedule
established by section 5332 of title 5, but not in excess of the highest
rate of grade 18 of such general schedule. Such positions shall be in
addition to those authorized by law to be filled by Presidential
appointment, and in addition to the number authorized by section 5108 of
title 5.
(d) Employment or assignment of officers and employees to perform
functions outside United States
For the purpose of performing functions under this chapter outside
the United States, the President may employ or assign individuals, or
may authorize the employment or assignment of officers or employees by
agencies of the United States Government which are not authorized to
utilize the Foreign Service personnel system, who shall receive
compensation at any of the rates provided for under section 402 or
section 403 of the Foreign Service Act of 1980 (22 U.S.C. 3962, 3963),
or under chapter 53 of title 5, or at any other rate authorized by law,
together with allowances and benefits under the Foreign Service Act of
1980 (22 U.S.C. 3901 et seq.). Individuals so employed or assigned shall
be entitled, except to the extent that the President may specify
otherwise in cases in which the period of employment or assignment
exceeds thirty months, to the same benefits as are provided by section
310 of that Act (22 U.S.C. 3950) for individuals appointed to the
Foreign Service.
(e) Repealed. Pub. L. 96-465, title II, 2205(8), Oct. 17, 1980, 94
Stat. 2160
(f) Funds for personnel services
Funds provided for in agreements with foreign countries for the
furnishing of services under this chapter with respect to specific
projects shall be deemed to be obligated for the services of personnel
employed by agencies of the United States Government (other than the
agencies primarily responsible for administering subchapter I or II of
this chapter) as well as personnel not employed by the United States
Government.
(g) Repealed. Pub. L. 96-465, title II, 2205(8), Oct. 17, 1980, 94
Stat. 2160
(h) Acceptance of compensation or other benefits from foreign
countries; arrangements for reimbursement
Notwithstanding any other provision of law, officers and employees of
the United States Government performing functions under this chapter
shall not accept from any foreign country any compensation or other
benefits. Arrangements may be made by the President with such countries
for reimbursement to the United States Government or other sharing of
the cost of performing such functions.
(i) Assignment based on competency
To the maximum extent practicable officers and employees performing
functions under this chapter abroad shall be assigned to countries and
positions for which they have special competence, such as appropriate
language and practical experience.
(Pub. L. 87-195, pt. III, 625, Sept. 4, 1961, 75 Stat. 449; Pub. L.
87-565, pt. III, 302(c), Aug. 1, 1962, 76 Stat. 262; Pub. L. 87-793,
1001(k), Oct. 11, 1962, 76 Stat. 865; Pub. L. 88-663, pt. III, 302(a),
Oct. 7, 1964, 78 Stat. 1014; Pub. L. 89-171, pt. III, 302(c), Sept. 6,
1965, 79 Stat. 660; Pub. L. 90-137, pt. III, 302( b)-(d), Nov. 14,
1967, 81 Stat. 460; Pub. L. 90-554, title III, 302( c), Oct. 8, 1968,
82 Stat. 965; Pub. L. 93-189, 16, Dec. 17, 1973, 87 Stat. 722; Pub.
L. 95-88, title I, 125, Aug. 3, 1977, 91 Stat. 542; Pub. L. 96-465,
title II, 2203(a), 2205(8), Oct. 17, 1980, 94 Stat. 2158, 2160; Pub.
L. 97-113, title VII, 703, Dec. 29, 1981, 95 Stat. 1544.)
This chapter, referred to in subsecs. (a), (d), (f), (h), and (i),
was in the original ''this Act'', meaning Pub. L. 87-195, Sept. 4,
1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act of
1961. For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
The Foreign Service Act of 1980, referred to in subsec. (d), is Pub.
L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified
principally to chapter 52 ( 3901 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 3901 of this title and Tables.
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
1981 -- Subsec. (d). Pub. L. 97-113 substituted ''or under chapter
53 of title 5, or at any other rate authorized by law, together with
allowances and benefits under the Foreign Service Act of 1980'' for
''together with allowances and benefits under that Act''.
1980 -- Subsec. (d). Pub. L. 96-465, 2203(a), substituted references
to the Foreign Service Act of 1980, for references to the Foreign
Service Act of 1946, and struck out provisions relating to the
applicability of section 1005 of the Foreign Service Act of 1946 and
relating to the utilization of Presidential authority under the Foreign
Service Act of 1946 to carry out the functions of this chapter.
Subsec. (e). Pub. L. 96-465, 2205(8), struck out subsec. (e) which
set forth requirement of standards or other criteria for maintenance of
adequate performance levels for personnel. See sections 4007 and 4008
of this title.
Subsec. (g). Pub. L. 96-465, 2205(8), struck out subsec. (g) which
related to competency in foreign languages. See section 4022 of this
title.
Subsec. (j). Pub. L. 96-465, 2205(8), struck out subsec. (j) which
related to appointment and compensation of an Inter-American Committee
representative.
Subsec. (k). Pub. L. 96-465, 2205(8), struck out subsec. (k) which
related to applicability, etc., of Foreign Service Retirement and
Disability System. See sections 3922 and 4043 of this title.
1977 -- Subsec. (d)(2). Pub. L. 95-88 struck out a numerical
limitation of fifty on the number of persons which the President may
assign, at any one time, to duty within the United States for the
purpose of preparation for assignments outside the United States.
1973 -- Subsec. (k). Pub. L. 93-189 added subsec. (k).
1968 -- Subsec. (c). Pub. L. 90-554 inserted ''or any Act
superseding subchapter II of this chapter in whole or in part'' after
''to carry out subchapter II of this chapter''.
1967 -- Subsecs. (b), (c). Pub. L. 90-137, 302(b), (c), substituted
references to section 5332 of title 5 for former references to the
Classification Act of 1949, as amended, and to section 5108 for former
section 1105 of title 5.
Subsec. (d)(2). Pub. L. 90-137, 302(d), authorized an increase in the
assignment of foreign personnel from forty to fifty persons.
1965 -- Subsec. (d)(2). Pub. L. 89-171 substituted ''forty'' for
''twenty''.
1964 -- Subsec. (d)(2). Pub. L. 88-633, 302(a)(1), substituted ''the
assignment to such duty of more than twenty persons at any one time''
for ''more than thirty persons in the aggregate''.
Subsec. (j). Pub. L. 88-633, 302(a)(2), added subsec. (j).
1962 -- Subsec. (b). Pub. L. 87-793, 1001(k)(1), substituted ''but
not in excess of the highest rate of grade 18 of such general schedule''
for ''and of these, not to exceed eight may be compensated at a rate in
excess of the highest rate provided for grades of such general schedule
but not in excess of $19,000 per year''.
Pub. L. 87-565, 302(c)(1), substituted ''one hundred and ten'' for
''seventy-six''.
Subsec. (c). Pub. L. 87-793, 1001(k)(2), substituted ''but not in
excess of the highest rate of grade 18 of such general schedule'' for
''and of these, not to exceed three may be compensated at a rate in
excess of the highest rate provided for grades of such general schedule
but not in excess of $19,000 per year''.
Subsec. (d)(2). Pub. L. 87-565, 302(c)(2), authorized the President
to initially assign personnel, not exceeding 30 persons in the
aggregate, for duty within the United States for a period not exceeding
two years for preparation for duty outside the United States.
Subsec. (f). Pub. L. 87-565, 302(c)(3), inserted ''with respect to
specific projects'', and ''agencies of'', and excluded services of
employees of agencies primarily responsible for administering subchapter
I or II of this chapter from the purview of this subsection.
Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j)
by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise
provided, see section 2403 of Pub. L. 96-465, set out as an Effective
Date note under section 3901 of this title.
Repeal of subsec. (k) by Pub. L. 96-465 effective Oct. 17, 1980,
see section 2403(d)(1) of Pub. L. 96-465.
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962, see section 1008 of Pub.
L. 87-793.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by sections 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under subsecs. (a), (d)(1), and (h), to the
extent they relate to other functions under this chapter administered by
Department of Defense, delegated to Secretary of Defense, by section
1-301(b) of Ex. Ord. No. 12163.
Function of prescribing regulations conferred upon President by
proviso contained in subsec. (b) delegated to Director of Office of
Personnel Management by section 1-503 of Ex. Ord. No. 12163.
Functions of President under subsec. (d), insofar as they relate to
personnel in Department of State, delegated to Secretary of State by
section 1-201(a)(14) of Ex. Ord. No. 12163.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
In carrying out functions of President under subsec. (d)(1), and
delegated to the Director of United States International Development
Cooperation Agency (see Delegation of Functions note above), the
Director shall authorize such agencies that administer programs under
this chapter as he may deem appropriate to perform any of the functions
under subsec. (d)(1) to the extent that said functions relate to the
programs administered by the respective agencies, see section 1-602(a)
of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56677, eff. Oct. 1,
1979, set out as a note under section 2381 of this title.
Persons appointed, employed, or assigned after May 19, 1959, under
former section 1787(c) of this title or subsec. (d) of this section for
the purpose of performing functions under the Mutual Security Act of
1954 (see Short Title note set out under section 1754 of this title) and
this chapter, outside the United States, shall not, unless otherwise
agreed by the agency in which such benefits may be exercised, be
entitled to the benefits provided for by section 928 of this title in
cases in which their service under the appointment, employment, or
assignment exceeds thirty months, see Ex. Ord. No. 12163, 1-602(b),
Sept. 29, 1979, 44 F.R. 56677, eff. Oct. 1, 1979, set out as a note
under section 2381 of this title.
22 USC 2385a. Unified personnel system
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment by regulations
Not later than May 1, 1979, the President shall submit to the
Congress, and publish in the Federal Register, regulations establishing
a unified personnel system for all employees of the agency primarily
responsible for administering part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.). In preparing such regulations, the
President shall keep the appropriate committees of the Congress fully
and currently informed, and shall consult with them on a regular basis,
concerning the nature of the unified personnel system to be established.
(b) Effective date of regulations
The regulations submitted to the Congress pursuant to subsection (a)
--
(1) may not become effective until after the end of the 90-day period
beginning on the date of such submission in order to provide the
appropriate committees of the Congress an opportunity to review them;
and
(2) shall not become effective then if, during such 90-day period,
either House of Congress adopts a resolution stating in substance that
it disapproves the personnel system proposed to be established by the
regulations.
(c) Force and effect of regulations
Regulations which take effect pursuant to this section shall have the
force and effect of law and shall apply with respect to the personnel of
the agency primarily responsible for administering part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), notwithstanding and /1/
inconsistent provision of law unless that provision of law specifically
states that it supersedes regulations issued under this section.
(Pub. L. 95-424, title IV, 401, Oct. 6, 1978, 92 Stat. 956; Pub. L.
96-53, title V, 503(a), Aug. 14, 1979, 93 Stat. 378.)
The Foreign Assistance Act of 1961, referred to in subsecs. (a) and
(c), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended.
Part I of the Foreign Assistance Act of 1961 is classified generally to
subchapter I ( 2151 et seq.) of this chapter. For provisions deeming
references to subchapter I to include parts IV ( 2346 et seq.), VI (
2348 et seq.), and VIII ( 2349aa et seq.) of subchapter II of this
chapter, see section 202(b) of Pub. L. 92-228, set out as a note under
section 2346 of this title, and sections 2348c and 2349aa-5 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
Section enacted as part of the International Development and Food
Assistance Act of 1978, and not as part of the Foreign Assistance Act of
1961 which comprises this chapter.
1979 -- Subsec. (a). Pub. L. 96-53 substituted ''May 1'' for ''March
15''.
Section 503(b) of Pub. L. 96-53 provided that: ''The amendment made
by subsection (a) (amending this section) shall be effective as of March
15, 1979.''
Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section 2151
of this title.
/1/ So in original. Probably should be ''any''.
22 USC 2386. Experts, consultants, and retired officers
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Employment; compensation; renewal of contracts of employment
Experts and consultants or organizations thereof may as authorized by
section 3109 of title 5 be employed for the performance of functions
under this chapter, and individuals so employed may be compensated at
rates not in excess of the daily equivalent of the highest rate which
may be paid to an employee under the General Schedule established by
section 5332 of title 5, and while away from their homes or regular
places of business, they may be paid actual travel expenses and per diem
in lieu of subsistence at the applicable rate prescribed in the
standardized Government travel regulations, as amended from time to
time. Contracts for such employment with such organizations, employment
of personnel as experts and consultants, not to exceed ten in number,
contracts for such employment of retired military personnel with
specialized research and development experience, not to exceed ten in
number, and contracts for such employment of retired military personnel
with specialized experience of a broad politico-military nature, not to
exceed five in number, may be renewed annually.
(b) Exemption from certain Federal laws
Service of an individual as an expert or consultant under subsection
(a) of this section shall not be considered as employment or holding of
office or position bringing such individual within the provisions of
section 3323(a) of title 5.
(c) Employment without compensation of persons of outstanding
experience and ability
Persons of outstanding experience and ability may be employed without
compensation by any agency of the United States Government for the
performance of functions under this chapter in accordance with the
provisions of section 2160(b) of Appendix to title 50, and regulations
issued thereunder.
(Pub. L. 87-195, pt. III, 626, Sept. 4, 1961, 75 Stat. 451; Pub. L.
88-205, pt. III, 302(c), Dec. 16, 1963, 77 Stat. 389; Pub. L. 88-448,
title IV, 401(e), 402(a)(35), Aug. 19, 1964, 78 Stat. 490, 495; Pub.
L. 88-633, pt. III, 302(b), Oct. 7, 1964, 78 Stat. 1014; Pub. L.
89-171, pt. III, 302(d), Sept. 6, 1965, 79 Stat. 660; Pub. L. 90-137,
pt. III, 302(e), Nov. 14, 1967, 81 Stat. 460; Pub. L. 94-329, title VI,
603, June 30, 1976, 90 Stat. 766; Pub. L. 95-88, title I, 126, Aug. 3,
1977, 91 Stat. 542.)
This chapter, referred to in subsecs. (a) and (c), was in the
original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat.
424, as amended, known as the Foreign Assistance Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
1977 -- Subsec. (b). Pub. L. 95-88 struck out provisions under which
service of an individual as an expert or consultant under subsec. (a)
would not be considered employment as would bring a person under section
8344 of title 5, section 1112 of this title, and any other law limiting
the reemployment of retired officers or employees or governing the
simultaneous receipt of compensation and retired pay or annuities
subject to section 5532 of title 5.
1976 -- Subsec. (a). Pub. L. 94-329 substituted ''the daily
equivalent of the highest rate which may be paid to an employee under
the General Schedule established by section 5332 of title 5'' for ''$100
per diem''.
1967 -- Subsec. (a). Pub. L. 90-137, 302(e)(1), substituted
reference to section 3109 for former section 55a of title 5.
Subsec. (b). Pub. L. 90-137, 302(e)(2), substituted references to
sections 3323(a) and 8344 of title 5 for former section 2263 of title 5
and to section 5532 of title 5 for former section 3102 of title 5.
1965 -- Subsecs. (c), (d). Pub. L. 89-171 redesignated subsec. (d)
as (c). Former subsec. (c) was repealed by Pub. L. 88-448, title IV,
402(a)(35), Aug. 19, 1964, 78 Stat. 495.
1964 -- Subsec. (a). Pub. L. 88-633, 302(b)(1), increased
compensation limits from $75 to $100 per diem.
Subsec. (b). Pub. L. 88-448, 401(e), struck out provisions which
stated that service as an expert or consultant under subsection (a) of
this section shall not be considered as employment or holding of office
or position bringing such individual within the provisions of section
59a of title 5, and inserted '', subject to section 3102 of title 5''.
Subsec. (c). Pub. L. 88-448, 402(a)(35), repealed subsec. (c) which
related to compensation of retired officers.
Pub. L. 88-633, 302(b)(2), substituted ''section 101(3) of Title 37''
for ''Career Compensation Act of 1949, as amended,'' in subsec. (c)
subsequent to the repeal of such subsection by Pub. L. 88-448.
1963 -- Subsec. (b). Pub. L. 88-205 substituted ''Service of an
individual as an expert or consultant under subsection (a) of this
section shall not'' for ''Nor shall such service'', and struck out
provisions exempting individuals serving under subsec. (a) of this
section from coverage of sections 281, 283, or 284 of title 18, section
99 of title 5, or any Federal law imposing restrictions, requirements,
or penalties in connection with claims or matters involving the U.S.
Government, except insofar as such provisions prohibited such
individuals from receiving compensation in respect of any matter in
which such individual was directly involved in the performance of such
service.
Amendment by Pub. L. 88-448 effective on first day of first month
which begins later than ninetieth day following Aug. 19, 1964, see
section 403 of Pub. L. 88-448.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
22 USC 2387. Detail of personnel to foreign governments
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Whenever the President determines it to be in furtherance of the
purposes of this chapter, the head of any agency of the United States
Government is authorized to detail or assign any officer or employee of
his agency to any office or position with any foreign government or
foreign government agency, where acceptance of such office or position
does not involve the taking of an oath of allegiance to another
government or the acceptance of compensation or other benefits from any
foreign country by such officer or employee.
(Pub. L. 87-195, pt. III, 627, Sept. 4, 1961, 75 Stat. 452.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, to be
exercised in consultation with Secretary of State, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under this section, to extent they relate to
other functions under this chapter administered by Department of
Defense, delegated to Secretary of Defense, to be exercised in
consultation with Secretary of State, by section 1-301(b) and (d) of Ex.
Ord. No. 12163.
22 USC 2388. Detail of personnel to international organizations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Whenever the President determines it to be consistent with and in
furtherance of the purposes of this chapter, the head of any agency of
the United States Government is authorized to detail, assign, or
otherwise make available to any international organization any officer
or employee of his agency to serve with, or as a member of, the
international staff of such organization, or to render any technical,
scientific, or professional advice or service to, or in cooperation
with, such organization.
(Pub. L. 87-195, pt. III, 628, Sept. 4, 1961, 75 Stat. 452.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, to be
exercised in consultation with Secretary of State, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under this section, to extent they relate to
other functions under this chapter administered by Department of
Defense, delegated to Secretary of Defense, to be exercised in
consultation with Secretary of State, by section 1-301(b) and (d) of Ex.
Ord. No. 12163.
22 USC 2389. Status and benefits of personnel assigned or detailed to
foreign governments or international organizations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Allowances, privileges, rights, seniority, and other benefits
Any officer or employee, while assigned or detailed under section
2387 or 2388 of this title shall be considered, for the purpose of
preserving his allowances, privileges, rights, seniority, and other
benefits as such, an officer or employee of the United States Government
and of the agency of the United States Government from which detailed or
assigned, and he shall continue to receive compensation, allowances, and
benefits from funds appropriated to that agency or made available to
that agency under this chapter.
(b) Representation allowances
Any officer or employee assigned, detailed, or appointed under
section 2387, 2388, 2391, or 2384(d) /1/ of this title is authorized to
receive under such regulations as the President may prescribe,
representation allowances similar to those allowed under section 4085 of
this title. The authorization of such allowances and other benefits and
the payment thereof out of any appropriations available therefor shall
be considered as meeting all the requirements of section 5536 of title
5.
(Pub. L. 87-195, pt. III, 629, Sept. 4, 1961, 75 Stat. 452; Pub. L.
87-565, pt. III, 302(d), Aug. 1, 1962, 76 Stat. 262; Pub. L. 90-137,
pt. III, 302(f), Nov. 14, 1967, 81 Stat. 460; Pub. L. 96-465, title II,
2203(b), Oct. 17, 1980, 94 Stat. 2159.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Section 2384(d) of this title, referred to in subsec. (b), was
repealed by Pub. L. 95-88, title I, 124(a)(1), Aug. 3, 1977, 91 Stat.
541.
1980 -- Subsec. (b). Pub. L. 96-465 substituted ''section 4085 of
this title'' for ''section 1131 of this title''.
1967 -- Subsec. (b). Pub. L. 90-137 substituted reference to section
5536 of title 5 for former section 70 of title 5.
1962 -- Subsec. (b). Pub. L. 87-565 substituted ''2384(d)'' for
''2384(e)''.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
/1/ See References in Text note below.
22 USC 2390. Terms of detail or assignment of personnel
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Details or assignments may be made under section 2387 or 2388 of this
title or section 1928 of this title --
(1) without reimbursement to the United States Government by the
foreign government or international organization;
(2) upon agreement by the foreign government or international
organization to reimburse the United States Government for compensation,
travel expenses, benefits and allowances, or any part thereof, payable
to the officer or employee concerned during the period of assignment or
detail; and such reimbursements (including foreign currencies) shall be
credited to the appropriation, fund, or account utilized for paying such
compensation, travel expenses, benefits or allowances, or to the
appropriation, fund, or account currently available for such purposes;
(3) upon an advance of funds, property, or services by the foreign
government or international organization to the United States Government
accepted with the approval of the President for specified uses in
furtherance of the purposes of this chapter; and funds so advanced may
be established as a separate fund in the Treasury of the United States
Government, to be available for the specified uses, and to be used for
reimbursement of appropriations or direct expenditure subject to the
provisions of this chapter, any unexpended balance of such account to be
returned to the foreign government or international organization; or
(4) subject to the receipt by the United States Government of a
credit to be applied against the payment by the United States Government
of its share of the expenses of the international organization to which
the officer or employee is detailed or assigned, such credit to be based
upon the compensation, travel expenses, benefits and allowances, or any
part thereof, payable to such officer or employee during the period of
detail or assignment in accordance with section 2389 of this title.
(Pub. L. 87-195, pt. III, 630, Sept. 4, 1961, 75 Stat. 452; Pub. L.
89-171, pt. III, 302(e), Sept. 6, 1965, 79 Stat. 660.)
This chapter, referred to in par. (3), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
1965 -- Pub. L. 89-171 inserted ''benefits'' in pars. (2) and (4).
Functions of President under par. (3) delegated to Director of
United States International Development Cooperation Agency, to be
exercised in consultation with Secretary of State, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under par. (3), to extent they relate to
other functions under this chapter administered by Department of
Defense, delegated to Secretary of Defense, to be exercised in
consultation with Secretary of State, by section 1-301(b) and (d) of Ex.
Ord. No. 12163.
22 USC 2391. Missions and staffs abroad
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization
The President may maintain special missions or staffs outside the
United States in such countries and for such periods of time as may be
necessary to carry out the purposes of this chapter. Each such special
mission or staff shall be under the direction of a chief.
(b) Appointment of mission chief and deputy; compensation
The chief and his deputy of each special mission or staff carrying
out the purposes of subchapter I of this chapter shall be appointed by
the President, and may, notwithstanding any other law, be removed by the
President at his discretion. Such chief shall be entitled to receive
such compensation and allowances as are authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.), not to exceed those
authorized for a chief of mission (as defined in section 102(a)( 3) /1/
of that Act (22 U.S.C. 3902(a)(3))), as the President shall determine to
be appropriate.
(c) Appointment of Chairman of Development Assistance Committee;
compensation
The President may appoint any United States citizen who is not an
employee of the United States Government or may assign any United States
citizen who is a United States Government employee to serve as Chairman
of the Development Assistance Committee or any successor committee
thereto of the Organization for Economic Cooperation and Development
upon election thereto by members of said Committee, and, in his
discretion, may terminate such appointment or assignment,
notwithstanding any other provision of law. Such person may receive
such compensation and allowances as are authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.), not to exceed those
authorized for a chief of mission (as defined in section 102(a)(3) /1/
of that Act (22 U.S.C. 3902(a)(3))), as the President shall determine to
be appropriate. Such person (if not a United States Government employee
who is assigned to serve as Chairman) shall be deemed to be an employee
of the United States Government for purposes of chapters 81, 83, 87, and
89 of title 5. Such person may also, in the President's discretion,
receive any other benefits and perquisites available under this chapter
to chiefs of special missions or staffs outside the United States
established under this section.
(d) Administration of assistance
Wherever practicable, especially in the case of the smaller programs,
assistance under subchapter I of this chapter shall be administered
under the direction of the Chief of the United States Diplomatic Mission
by the principal economic officer of the mission.
(Pub. L. 87-195, pt. III, 631, Sept. 4, 1961, 75 Stat. 453; Pub. L.
88-205, pt. III, 302(d), Dec. 16, 1963, 77 Stat. 389; Pub. L. 89-171,
pt. III, 302(f), Sept. 6, 1965, 79 Stat. 660; Pub. L. 95-92, 7(c), Aug.
4, 1977, 91 Stat. 617; Pub. L. 96-465, title II, 2203(c), (d), Oct. 17,
1980, 94 Stat. 2159.)
This chapter, referred to in subsecs. (a) and (c), was in the
original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat.
424, as amended, known as the Foreign Assistance Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
The Foreign Service Act of 1980, referred to in subsecs. (b) and
(c), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended,
which is classified principally to chapter 52 ( 3901 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 3901 of this title and Tables.
Section 103(a)(3) of that Act, referred to in subsecs. (b) and (c),
was redesignated section 103(3) pursuant to Pub. L. 98-164, which
struck out designation ''(a)'' and struck out subsec. (b) of section
103.
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
1980 -- Subsec. (b). Pub. L. 96-465, 2203(c), among other changes,
substituted references to the Foreign Service Act of 1980 for references
to the Foreign Service Act of 1946 and section 2385(d) of this title.
Subsec. (c). Pub. L. 96-465, 2203(d), among other changes,
substituted references to the Foreign Service Act of 1980, for
references to the Foreign Service Act of 1946, and inserted provisions
relating to employee status for purposes of chapters 81, 83, 87 and 89
of title 5.
1977 -- Subsec. (d). Pub. L. 95-92 substituted reference to
subchapter I of this chapter for reference to this chapter and struck
out provisions requiring administration of assistance by the senior
military officer of the mission for assistance under subchapter II of
this chapter.
1965 -- Subsec. (d). Pub. L. 89-171 added subsec. (d).
1963 -- Subsec. (c). Pub. L. 88-205 added subsec. (c).
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under subsec. (a) delegated to Secretary of
Defense to extent they relate to other functions under this chapter
administered by Department of Defense by section 1-301(b) of Ex. Ord.
No. 12163.
Pub. L. 94-11, title I, 100, Mar. 26, 1975, 89 Stat. 20, provided
in part that: ''The total number of flag and general officers of the
United States Armed Forces assigned or detailed to military assistance
advisory groups, military missions, or similar organizations, or
performing duties primarily with respect to the Military Assistance
Program and the Foreign Military Sales Program shall not exceed twenty
after May 1, 1975.''
The maintenance of special missions or staffs abroad, the fixing of
ranks of chiefs thereof after the chiefs of United States diplomatic
missions, and authorization of same compensation and allowances as chief
of mission, class 3 and class 4, within the meaning of the Foreign
Service Act of 1946 ( 801 et seq. of this title), all under this
section, shall be subject to approval of Secretary of State, see section
1-603 of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56677, eff. Oct.
1, 1979, set out as a note under section 2381 of this title.
/1/ See References in Text note below.
22 USC 2392. Government agencies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Allocation and transfer of funds
The President may allocate or transfer to any agency of the United
States Government any part of any funds available for carrying out the
purposes of this chapter, including any advance to the United States
Government by any country or international organization for the
procurement of commodities, defense articles, military education and
training, or services (including defense services). Such funds shall be
available for obligation and expenditure for the purposes for which
authorized, in accordance with authority granted in this chapter or
under authority governing the activities of the agencies of the United
States Government to which such funds are allocated or transferred.
(b) Utilization of services and facilities of other agencies
Any officer of the United States Government carrying out functions
under this chapter may utilize the services (including defense services)
and facilities of, or procure commodities, defense articles, or military
education and training from, any agency of the United States Government
as the President shall direct, or with the consent of the head of such
agency, and funds allocated pursuant to this subsection to any such
agency may be established in separate appropriation accounts on the
books of the Treasury.
(c) Reimbursement for commodities, services, and facilities
In the case of any commodity, service, or facility procured from any
agency of the United States Government to carry out subchapter I of this
chapter, reimbursement or payment shall be made to such agency from
funds available to carry out such subchapter. Such reimbursement or
payment shall be at replacement cost, or, if required by law, at actual
cost, or, in the case of services procured from the Department of
Defense to carry out part VIII of subchapter I of this chapter, the
amount of the additional costs incurred by the Department of Defense in
providing such services, or at any other price authorized by law and
agreed to by the owning or disposing agency. The amount of any such
reimbursement or payment shall be credited to current applicable
appropriations, funds, or accounts, from which there may be procured
replacements of similar commodities, services, or facilities, except
that where such appropriations, funds, or accounts are not reimbursable
except by reason of this subsection, and when the owning or disposing
agency determines that such replacement is not necessary, any funds
received in payment therefor shall be deposited into the Treasury as
miscellaneous receipts.
(d) Reimbursement for military assistance
Except as otherwise provided in section 2318 of this title,
reimbursement shall be made to any United States Government agency, from
funds available for use under subchapter II of this chapter, for any
assistance furnished under subchapter II of this chapter, from, by, or
through such agency. Such reimbursement shall be in an amount equal to
the value (as defined in section 2403(m) of this title) of the defense
articles or of the defense services (other than salaries of members of
the Armed Forces of the United States), or other assistance furnished,
plus expenses arising from or incident to operations under subchapter II
of this chapter (other than salaries of the Armed Forces of the United
States and unfunded estimated costs of civilian retirement and other
benefits). The amount of such reimbursement shall be credited to the
current applicable appropriations, funds, or accounts of such agency.
(e) Establishment of accounts
In furnishing assistance under this chapter, accounts may be
established on the books of any agency of the United States Government
or, on terms and conditions approved by the Secretary of the Treasury,
in banking institutions in the United States, (1) against which letters
of commitment may be issued which shall constitute recordable
obligations of the United States Government, and moneys due or to become
due under such letters of commitment shall be assignable under the
Assignment of Claims Act of 1940, as amended (second and third
paragraphs of 31 U.S.C. 203 /1/ and 41 U.S.C. 15), and (2) from which
disbursements may be made to, or withdrawals may be made by, recipient
countries or agencies, organizations, or persons upon presentation of
contracts, invoices, or other appropriate documentation. Expenditure of
funds which have been made available through accounts so established
shall be accounted for on standard documentation required for
expenditure of funds of the United States Government: Provided, That
such expenditures for commodities, defense articles, military education
and training, services (including defense services), or facilities
procured outside the United States may be accounted for exclusively on
such certification as may be prescribed in regulations approved by the
Comptroller General of the United States.
(f) Credits made by Export-Import Bank of the United States
Credits made by the Export-Import Bank of the United States with
funds allocated thereto under subsection (a) of this section or under
section 1782(a) /1/ of this title, shall not be considered in
determining whether the Bank has outstanding at any one time loans and
guaranties to the extent of the limitation imposed by section 635e of
title 12.
(g) Charge of expenses to appropriation or account
Any appropriation or account available to carry out provisions of
subchapter I of this chapter may initially be charged in any fiscal
year, within the limit of available funds, to finance expenses for which
funds are available in other appropriations or accounts under subchapter
I of this chapter: Provided, That as of the end of such fiscal year
such expenses shall be finally charged to applicable appropriations or
accounts with proper credit to the appropriations or accounts initially
utilized for financing purposes: Provided further, That such final
charge to applicable appropriations or accounts shall not be required in
the case of expenses (other than those provided for under section
2397(a) of this title) incurred in furnishing assistance by the agency
primarily responsible for administering subchapter I of this chapter
where it is determined that the accounting costs of identifying the
applicable appropriation or account to which such expenses should be
charged would be disproportionate to the advantage to be gained.
(Pub. L. 87-195, pt. III, 632, Sept. 4, 1961, 75 Stat. 453; Pub. L.
90-137, pt. III, 302(g), Nov. 14, 1967, 81 Stat. 460; Pub. L. 90-267,
1(a), Mar. 13, 1968, 82 Stat. 47; Pub. L. 90-629, ch. 4, 45( b)(3),
Oct. 22, 1968, 82 Stat. 1327; Pub. L. 94-329, title I, 106(b)( 4), June
30, 1976, 90 Stat. 733; Pub. L. 100-690, title IV, 4506, Nov. 18, 1988,
102 Stat. 4286; Pub. L. 101-165, title IX, 9104(b)(2), Nov. 21, 1989,
103 Stat. 1152.)
This chapter, referred to in subsecs. (a), (b), and (e), was in the
original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat.
424, as amended, known as the Foreign Assistance Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
The Assignment of Claims Act of 1940, as amended, referred to in
subsec. (e), is act Oct. 9, 1940, ch. 779, 54 Stat. 1029, as
amended, which added the second and third pars. to section 203 of
former Title 31, Money and Finance, and the second and third pars. to
section 15 of Title 41, Public Contracts. Section 203 of former Title
31 was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat.
1068, and reenacted by the first section thereof as section 3727 of
Title 31, Money and Finance. Such second and third pars. are restated
in section 3727(b) (last sentence) and (c) of Title 31.
Section 1782(a) of this title, referred to in subsec. (f), was
repealed by Pub. L. 87-195, pt. III, 642(a)(2), Sept. 4, 1961, 75
Stat. 460.
of Subchapter II, and References
to
Subchapter II Deemed To Exclude Such Parts
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
1989 -- Subsec. (d). Pub. L. 101-165 inserted at end of second
sentence ''(other than salaries of the Armed Forces of the United States
and unfunded estimated costs of civilian retirement and other
benefits)''.
1988 -- Subsec. (c). Pub. L. 100-690 inserted ''or, in the case of
services procured from the Department of Defense to carry out part VIII
of subchapter I of this chapter, the amount of the additional costs
incurred by the Department of Defense in providing such services,''
after ''at actual cost,''.
1976 -- Subsec. (a). Pub. L. 94-329, 106(b)(4)(A), inserted
''military education and training'' after ''articles''.
Subsec. (b). Pub. L. 94-329, 106(b)(4)(B), substituted ''defense
articles, or military education and training'' for ''and defense
articles''.
Subsec. (e). Pub. L. 94-329, 106(b)(4)(A), inserted ''military
education and training'' after ''articles''.
1968 -- Subsec. (d). Pub. L. 90-629 struck out references to
sections 2342 and 2343 of this title in the exception provision.
1967 -- Subsec. (d). Pub. L. 90-137 substituted reference to
sections 2318, 2342, and 2343 for former reference to sections 2315 and
2318 of this title.
''Export-Import Bank of Washington'' changed to ''Export-Import Bank
of the United States'' in text to conform to such change in name in the
Export-Import Bank Act of 1945, section 635 et seq. of Title 12, Banks
and Banking, provided for in section 1(a) of Pub. L. 90-267, Mar. 13,
1968, 82 Stat. 47.
Amendment by Pub. L. 90-629 effective July 1, 1968, see section 41
of Pub. L. 90-629, set out as an Effective Date note under section 2751
of this title.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with
exception of those functions relating to directives under subsec. (b)
and certain other exceptions, by section 1-102(a)(1), (e) and 1-701(d)
of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
Charge of expenses to appropriation or account not affected by
provisions for accounting adjustments between appropriations, see
section 3 of Pub. L. 89-473, June 29, 1966, 80 Stat. 221, set out as a
note under section 628a of Title 31, Money and Finance.
Reimbursement for equipment, material, or services furnished members
of the United Nations, see section 2211 of Title 10, Armed Forces.
/1/ See References in Text note below.
22 USC 2393. Waiver of certain laws
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Contracts and expenditure of funds
Whenever the President determines it to be in furtherance of the
purposes of this chapter, the functions authorized under this chapter
may be performed without regard to such provisions of law (other than
the Renegotiation Act of 1951, as amended (50 U.S.C. App. 1211 et seq.)
regulating the making, performance, amendment, or modification of
contracts and the expenditure of funds of the United States Government
as the President may specify.
(b) Neutrality laws
The functions authorized under subchapter II of this chapter may be
performed without regard to such provisions as the President may specify
of subchapter II of chapter 9 of this title.
(c) Assignment of personnel
Notwithstanding the provisions of sections 3544(b) and 8544(b) /1/ of
title 10, personnel of the Department of Defense may be assigned or
detailed to any civil office to carry out this chapter.
(Pub. L. 87-195, pt. III, 633, Sept. 4, 1961, 75 Stat. 454.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
The Renegotiation Act of 1951, as amended, referred to in subsec.
(a), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which was
classified principally to section 1211 et seq. of Title 50, Appendix,
War and National Defense, prior to its omission from the Code. See note
preceding section 1211 of Title 50, Appendix.
Sections 3544 and 8544 of title 10, referred to in subsec. (c), were
repealed by Pub. L. 90-235, 4(a)(6), Jan. 2, 1968, 81 Stat. 759.
References to subchapter II of this chapter are deemed to exclude
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II, and references to subchapter I of this chapter are
deemed to include such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
Ex. Ord. No. 10784, Oct. 1, 1958, 23 F.R. 7691, as amended by Ex.
Ord. No. 10845, Oct. 12, 1959, 24 F.R. 8317, which specified laws from
which functions authorized by this chapter shall be exempt, was
superseded by Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out
below.
Ex. Ord. No. 10845 of Oct. 12, 1959, setting out laws from which
authorized functions were exempt, was superseded by Ex. Ord. No.
11223, May 12, 1965, 30 F.R. 6635, set out below.
Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, as amended by Ex.
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673; Ex. Ord. No. 12178,
Dec. 10, 1979, 44 F.R. 71807, provided:
By virtue of the authority vested in me by Section 633 of the Foreign
Assistance Act of 1961, as amended, 75 Stat. 454 (22 U.S.C. 2393), it
is hereby determined that, to the extent hereinafter indicated, the
performance of functions authorized by that Act, as amended, and any
predecessor legislation, without regard to the laws specified in the
numbered subdivisions of Sections 1 and 2 of this order and without
regard to consideration as specified in Sections 3 and 4 of this order
will further the purposes of the Foreign Assistance Act of 1961, as
amended (this chapter):
Section 1. With respect to functions authorized by the Foreign
Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), and any
predecessor legislation except those functions exercised by the
Department of Defense under authority of Sections 621 and 623 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2381 and 2383):
(1) The Act of March 26, 1934, 48 Stat. 500, as amended (15 U.S.C.
616a).
(2) Section 3648 of the Revised Statutes, as amended, 60 Stat. 809
(31 U.S.C. 529) (31 U.S.C. 3324).
(3) Section 305 of the Federal Property and Administrative Services
Act of 1949, 63 Stat. 396, as amended (41 U.S.C. 255).
(4) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5).
(5) Section 3710 of the Revised Statutes (41 U.S.C. 8).
(6) Section 2 of title III of the Act of March 3, 1933, 47 Stat.
1520 (41 U.S.C. 10a).
(7) Section 3735 of the Revised Statutes (41 U.S.C. 13).
(8) Section 304(c) of the Federal Property and Administrative
Services Act of 1949, as added by the Act of October 31, 1951, 65 Stat.
700 (41 U.S.C. 254(c)), but only with respect to contracts entered into
with foreign governments or agencies thereof for the rendering of
services to the United States or an agency thereof within the
continental limits of the United States.
(9) Section 901(a) of the Merchant Marine Act, 1936, 49 Stat. 2015 as
amended (46 U.S.C. 1241(a)).
Sec. 2. With respect to purchases authorized to be made outside the
limits of the United States or the District of Columbia under the
Foreign Assistance Act of 1961, as amended (this chapter), and any
predecessor legislation:
(1) Section 2276(a) of title 10 of the United States Code.
(2) Section 2313(b) of title 10 of the United States Code.
(3) Section 304(c) of the Federal Property and Administrative
Services Act of 1949, as added by the Act of October 31, 1951, 65 Stat.
700 (41 U.S.C. 254(c)).
(4) Section 1301 of the Second War Powers Act, 1942, 56 Stat. 185
(50 U.S.C. App. 643), as extended by the provisions of the Act of June
30, 1953, 67 Stat. 120.
(5) Section 3(b) of the Act of August 28, 1958, 72 Stat. 972 (50 U.
S.C. 1433(b)), but only with respect to contracts in which the inclusion
of the clause required by Section 3(b), or the compliance with that
clause, if included in a contract, is deemed by the executive or
military department concerned to be impracticable.
Sec. 3. With respect to cost-type contracts heretofore or hereafter
made with non-profit institutions under which no fee is charged or paid,
amendments and modifications of such contracts may be made with or
without consideration and may be utilized to accomplish the same things
as any original contract could have accomplished, irrespective of the
time or circumstances of the making, or the form of the contract amended
or modified, or of the amending or modifying contract and irrespective
of rights which may have accrued under the contract or the amendments or
modifications thereof.
Sec. 4. With respect to contracts heretofore or hereafter made, other
than those described in Section 3 of this order, amendments and
modifications of such contracts may be made with or without
consideration and may be utilized to accomplish the same things as any
original contract could have accomplished, irrespective of the time or
circumstances of the making, or the form of the contract amended or
modified, or of the amending or modifying contract, and irrespective of
rights which may have accrued under the contract or the amendments or
modifications thereof, if the Secretary of State or the Director of the
United States International Development Cooperation Agency (with respect
to functions vested in or delegated to the Director) determines in each
case that such action is necessary to protect the foreign policy
interests of the United States.
Sec. 5. Executive Order No. 10784 of October 1, 1958, and Executive
Order No. 10845 of October 12, 1959, are hereby superseded.
Sec. 6. I determine it to be in furtherance of the purposes of the
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), and
in the national security interest of the United States that the
functions authorized by chapter 7 of Part II of that Act (22 U.S.C.
2349 et seq.), relating to air base construction in Israel, be performed
without regard to the following additional specified provisions of law:
(1) Title IX of the Federal Property and Administration Services Act
of 1949, as amended (40 U.S.C. 541-544);
(2) Section 612 of the Military Construction Authorization Act, 1967,
as amended (31 U.S.C. 723a) (10 U.S.C. 2661a(b));
(3) Section 719 of the Defense Production Act of 1950, as amended (50
U.S.C. App. 2168); and
(4) Section 111 of the Federal Property and Administrative Services
Act of 1949, as amended (40 U.S.C. 759).
Determination of President of the United States, No. 91-21, Feb.
27, 1991, 56 F.R. 10771, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 633(a) of the
Foreign Assistance Act of 1961, as amended (the ''Act''), 22 U.S.C.
2393(a), I hereby determine it to be in furtherance of the purposes of
the Act (22 U.S.C. 2151 et seq.) that the functions authorized by the
Act be performed without regard to section 1405 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510) (amending
sections 1551 to 1557 of Title 31, Money and Finance, repealing section
2782 of Title 10, Armed Forces, and enacting provisions set out as a
note under section 1551 of Title 31), and amendments contained therein.
This determination shall apply only to funds appropriated to carry
out the provisions of the Act that were appropriated for fiscal year
1984 and for prior fiscal years, and shall suspend the application of
the provisions of section 1405 of the National Defense Authorization Act
for Fiscal Year 1991, and amendments contained therein, through
September 30, 1992.
You are authorized and directed to publish this determination in the
Federal Register.
George Bush.
/1/ See References in Text note below.
22 USC 2393a. Requests by General Accounting Office and Congressional
committees for documents and materials
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
None of the funds made available pursuant to the provisions of this
chapter shall be used to carry out any provision of this chapter in any
country or with respect to any project or activity, after the expiration
of the thirty-five-day period which begins on the date the General
Accounting Office or any committee of the Congress charged with
considering legislation, appropriations or expenditures under this
chapter, has delivered to the office of the head of any agency carrying
out such provision, a written request that it be furnished any document,
paper, communication, audit, review, finding, recommendation, report, or
other material in its custody or control relating to the administration
of such provision in such country or with respect to such project or
activity, unless and until there has been furnished to the General
Accounting Office, or to such committee, as the case may be, (1) the
document, paper, communication, audit, review, finding, recommendation,
report, or other material so requested, or (2) a certification by the
President that he has forbidden the furnishing thereof pursuant to
request and his reason for so doing.
(Pub. L. 87-195, pt. III, 633A, as added Pub. L. 95-424, title V,
502(a)(1), Oct. 6, 1978, 92 Stat. 957.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
This section was formerly classified to subsec. (c) of section 2394
of this title prior to the complete revision of section 2394 of this
title by Pub. L. 95-424, title V, 502(a)(2), Oct. 6, 1978, 92 Stat.
957.
Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section 2151
of this title.
22 USC 2394. Reports and information; definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Annual report to Congress on programs having impact on developing
countries; contents
In order that the Congress and the American people may be better and
more currently informed regarding American foreign policy and the
effectiveness of assistance provided by the United States Government to
other countries and to international organizations, the Chairman of the
Development Coordination Committee shall prepare and transmit to the
Congress, no later than February 1 of each year, as a part of the annual
presentation materials for foreign assistance, a report as described in
this subsection. This report shall include --
(1)(A) a comprehensive and coordinated review of all United States
policies and programs having a major impact on the development of
developing countries, including but not limited to bilateral and
multilateral assistance, trade, debt, employment, food, energy,
technology, population, oceans, environment, human settlements, natural
resources, and participation in international agencies concerned with
development;
(B) an assessment of the impact of such policies and programs on the
well-being of the poor majority in developing countries in accordance
with the policy objectives of part I of subchapter I of this chapter,
including increasing life expectancy and literacy, lowering infant
mortality and birth rates, and increasing food production and
employment, such assessment to include an evaluation of the extent to
which programs under part I of subchapter I of this chapter directly
benefit the poor majority; and
(C) an assessment of the impact of such policies and programs on
economic conditions in the United States, including but not limited to
employment, wages, and working conditions;
(2) the dollar value of all foreign assistance and guaranties by
category and by country provided or made by the United States Government
by any means to all foreign countries and international organizations --
(A) from 1946 to the fiscal year immediately preceding the fiscal
year for which the report is required;
(B) as presented to Congress for the immediate preceding fiscal year;
(C) as obligated during the immediately preceding fiscal year;
(D) as planned for the fiscal year in which the report is presented;
(E) as proposed for the fiscal year following the year in which the
report is presented; and
(F) of any contract in excess of $100,000 administered by the Agency
for International Development which was entered into in the preceding
fiscal year without competitive selection procedures, and the reasons
for doing so;
(3) a summary of repayments, by country, to the United States from
previous foreign assistance loans;
(4) the status of each sale of agricultural commodities on credit
terms theretofore made under the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1691 et seq.) with respect to which
there remains outstanding any unpaid obligation; and the status of each
transaction with respect to which a loan, contract or guarantee of
insurance, or extension of credit (or participation therein) was
theretofore made under the Export-Import Bank Act of 1945 (12 U.S.C.
635 et seq.) with respect to which there remains outstanding any unpaid
obligation or potential liability; except that such report shall
include individually only any loan, contract, sale, extension of credit,
or other transactions listed in this paragraph which is in excess of
$1,000,000;
(5)(A) the status of the debt servicing capacity of each country
receiving assistance under this chapter;
(B) all forms of debt relief granted by the United States with
respect to such countries, together with a detailed statement of the
specific debt relief granted with respect to each such country and the
purpose for which it was granted; and
(C) a summary of the net aid flow from the United States to such
countries, taking into consideration the debt relief granted by the
United States;
(6) the dollar value of all official development assistance, security
assistance, international disaster assistance, refugee assistance, and
international narcotics control assistance provided by each government
of a country which is a member of the Organization for Economic
Cooperation and Development or of the Organization of Petroleum
Exporting Countries;
(7) the percentage which each type of assistance described in
paragraph (6) represents of (A) the gross national product of each
country referred to in paragraph (6), and (B) the budget of the
government of such country, as well as the per capita contribution for
each country for each type of assistance described in paragraph (6);
(8) the amount of all foreign currencies acquired without payment of
dollars on hand of each foreign country as of September 30 of the
preceding fiscal year;
(9) the Development Coordination Committee's operations pursuant to
section 2399c(f) of this title;
(10) the aggregate dollar value and quantity of grant military
assistance, military education and training, and any other defense
articles and services furnished under this chapter by the United States
to each foreign country and international organization for the preceding
fiscal year;
(11) information concerning the activities of the Minority Resource
Center during the preceding fiscal year; and
(12) other information appropriate to the conduct of the foreign
assistance program of the United States Government.
(b) ''Foreign assistance'' and ''provided by the United States
Government'' defined
For purposes of this section --
(1) ''foreign assistance'' means any tangible or intangible item
provided by the United States Government to a foreign country or
international organization under this chapter or any other Act,
including but not limited to any training, service, or technical advice,
any item of real, personal, or mixed property, any agricultural
commodity, United States dollars, and any currencies of any foreign
country which are owned by the United States Government; and
(2) ''provided by the United States Government'' includes, but is not
limited to, foreign assistance provided by means of gift, loan, sale,
credit, or guaranty.
(Pub. L. 87-195, pt. III, 634, Sept. 4, 1961, 75 Stat. 455; Pub. L.
87-565, pt. III, 302(e), (f), Aug. 1, 1962, 76 Stat. 262; Pub. L.
89-583, pt. III, 302(c), Sept. 19, 1966, 80 Stat. 807; Pub. L. 90-137,
pt. III, 302(h), Nov. 14, 1967, 81 Stat. 460; Pub. L. 90-629, ch. 4,
45(a), (b)(4), Oct. 22, 1968, 82 Stat. 1327; Pub. L. 91-175, pt. III,
305, Dec. 30, 1969, 83 Stat. 821; Pub. L. 92-226, pt. III, 304(a)(3),
(c)(2), Feb. 7, 1972, 86 Stat. 28, 32; Pub. L. 93-189, 17, Dec. 17,
1973, 87 Stat. 724; Pub. L. 93-559, 14, Dec. 30, 1974, 88 Stat. 1799;
Pub. L. 94-273, 6(1), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-329,
title II, 209(b), June 30, 1976, 90 Stat. 739; Pub. L. 95-424, title V,
502(a)(1), (2), Oct. 6, 1978, 92 Stat. 957; Pub. L. 96-533, title VII,
707, Dec. 16, 1980, 94 Stat. 3159; Pub. L. 97-113, title VII, 733, Dec.
29, 1981, 95 Stat. 1559; Pub. L. 99-83, title III, 312(b), Aug. 8,
1985, 99 Stat. 216.)
The Agricultural Trade Development and Assistance Act of 1954,
referred to in subsec. (a)(4), is act July 10, 1954, ch. 469, 68 Stat.
454, as amended, which is classified principally to chapter 41 ( 1691
et seq.) of Title 7, Agriculture. For complete classification of this
Act to the Code, see Short Title note set out under section 1691 of
Title 7 and Tables.
The Export-Import Bank Act of 1945, referred to in subsec. (a)(4), is
act July 31, 1945, ch. 341, 59 Stat. 526, as amended, which is
classified generally to subchapter I ( 635 et seq.) of chapter 6A of
Title 12, Banks and Banking. For complete classification of this Act to
the Code, see Short Title note set out under section 635 of Title 12 and
Tables.
This chapter, referred to in subsecs. (a)(5)(A), (10), (b)(1), was
in the original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961,
75 Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
References to part I of subchapter I of this chapter are deemed to
include a reference to section 2293 of this title. See section 2293(
d)(1) of this title.
Prior to the complete revision of this section by section 502(a)(2)
of Pub. L. 95-424, section 501(a)(1) of Pub. L. 95-424 redesignated
former subsec. (c), relating to requests by the General Accounting
Office and Congressional committees for documents and other material, as
section 2393a of this title.
1985 -- Subsec. (a)(1)(B). Pub. L. 99-83 inserted provisions
relating to evaluation of whether programs are benefiting the poor
majority.
1981 -- Subsec. (a). Pub. L. 97-113, 733(1), substituted provision
requiring information regarding American foreign policy and
effectiveness of assistance to other countries for provision requiring
information regarding United States development policy and effectiveness
of assistance to developing countries and provision directing the
Chairman prepare and transmit to Congress as part of the annual
presentation materials for foreign assistance a report as described in
this subsection for provision directing the Chairman to transmit a
report on foreign assistance for the fiscal year ending the previous
Sept. 30.
Subsec. (a)(1)(B). Pub. L. 97-113, 733(2), struck out ''the progress
developing countries are making toward achieving those objectives which
are indicative of improved well-being of the poor majority, which
objectives shall include but not be limited to'' before ''increasing
life expectancy and literacy''.
Subsec. (a)(2)(F). Pub. L. 97-113, 733(3), added subpar. (F).
Subsec. (a)(4). Pub. L. 97-113, 733(4), struck out requirement that
the report include the status of each loan and each contract of guaranty
or insurance theretofore made under this chapter, predecessor Acts, or
any Act authorizing international security assistance, with respect to
which there remained outstanding any unpaid obligation or potential
liability, and the status of each extension of credit for the
procurement of defense articles or defense services, and of each
contract of guarantee in connection with any such procurement,
theretofore made under the Arms Export Control Act with respect to which
there remained outstanding any unpaid obligation or potential liability.
Subsec. (a)(7). Pub. L. 97-113, 733(5), struck out ''and'' after the
semicolon.
Subsec. (a)(8). Pub. L. 97-113, 733(6), substituted provision that
the report contain the amount of all foreign currencies acquired without
payment of dollars on hand of each foreign country as of Sept. 30 of
the preceding fiscal year for provision that the report contain such
other matters relating to foreign assistance provided under subchapter I
of this chapter as the Chairman of the Development Coordination
Committee considers appropriate.
Subsec. (a)(9) to (12). Pub. L. 97-113, 733(6), added pars. (9) to
(12).
1980 -- Subsec. (a)(6) to (8). Pub. L. 96-533 added pars. (6) and
(7) and redesignated former par. (6) as (8).
1978 -- Subsec. (a). Pub. L. 95-424, 502(a)(2), added subsec. (a).
Subsec. (b). Pub. L. 95-424, 502(a)(2), substituted definitions of
''foreign assistance'' and ''provided by the United States Government''
for provisions requiring public disclosure of all information concerning
operations under this chapter except that which is deemed incompatible
with the Security of the United States.
Subsec. (c). Pub. L. 95-424, 502(a)(1), struck out ''(c)'' at
beginning of subsection and transferred the remainder of subsection to
section 2393a of this title.
Subsecs. (d) to (h). Pub. L. 95-424, 502(a)(2), struck out subsecs.
(d), relating to presentation of programs to Congressional committees;
(e), relating to inclusion of a specific plan in the President's
recommendations to Congress; (f), relating to a report by the President
to Congress showing the status of each outstanding loan; (g), relating
to a report by the President to Congress showing debt-servicing
problems; and (h), relating to military assistance to South Vietnam,
Thailand, and Laos.
1976 -- Subsec. (d). Pub. L. 94-329 struck out provisions under
which sales pursuant to the Foreign Assistance Act of 1961 or any other
Act were included in the enumeration of factors used in developing, for
purpose of presentation material, a chart showing the full extent of
United States assistance planned or expected for each such country for
the next fiscal year.
Subsec. (f). Pub. L. 94-273 substituted ''September'' for ''June''
and ''March'' for ''December''.
1974 -- Subsec. (d). Pub. L. 93-559 substituted in item (1)
respecting presentation material ''economic assistance, military grants
(and including for any such grant of any excess defense article, the
value of such article expressed in terms of its acquisition cost to the
United States), and military sales'' for ''economic assistance and
military grants and sales''.
1973 -- Subsec. (f). Pub. L. 93-189 inserted references to contracts
of guarantee or insurance, the status of sales of defense articles or
defense services on credit terms, the status of sales of agricultural
commodities on credit terms, and the status of loans, contracts of
guarantee or insurance, or extensions of credit (or participations
therein) made under the Export-Import Bank Act of 1945, and inserted
provisions limiting the reporting requirement of the subsection so as to
include only loans, contracts, sales, extensions of credit, or other
transactions in excess of $1,000,000.
Subsec. (g). Pub. L. 93-189 added subsec. (g).
1972 -- Subsec. (a). Pub. L. 92-226, 304(c)(2), struck out
provisions for annual report to Congress concerning operations under
this chapter, including information on the progress of the freedom of
navigation and nondiscrimination declaration. See annual foreign
assistance report provisions of section 2417 of this title.
Subsec. (d). Pub. L. 92-226, 304(a)(3), substituted in last sentence
reference to section ''2360(b)'' for prior reference to sections ''2360,
2364(a)''.
1969 -- Subsec. (a). Pub. L. 91-175 excluded operations reported to
Congress pursuant to section 2200a of this title from report required by
this section, and struck out of last sentence reference to the operation
of the investment guaranty program.
1968 -- Subsec. (d). Pub. L. 90-629, 45(b)(4), required the
presentation material to include in the chart foreign assistance data
under any other Act.
Subsec. (g). Pub. L. 90-629, 45(a), repealed provisions of subsec.
(g) which related to exports of defense articles, contents of reports,
and utilization of statistics and information of Government agencies,
and is now covered by section 2776(a) of this title.
1967 -- Subsec. (d). Pub. L. 90-137, 302(h)(1), inserted
introductory provision for presentation of programs to Congressional
Committees in connection with requests for appropriations for fiscal
year 1969, penultimate provision for inclusion of foreign assistance
data (an assistance chart, contribution details, and a statement of
projects), and provision for notification as to findings and reasons
therefor under section 2311 or 2341(c) of this title.
Subsecs. (g), (h). Pub. L. 90-137, 302(h)(2), added subsecs. (g) and
(h).
1966 -- Subsec. (f). Pub. L. 89-583 added subsec. (f).
1962 -- Subsec. (a). Pub. L. 87-565, 302(e), required reports to
include information on progress under the freedom of navigation and
nondiscriminatory declaration contained in section 2151 of this title.
Subsec. (d). Pub. L. 87-565, 302(f), substituted ''At the end of each
fiscal year'' and ''fiscal year'' for ''In January of each year'' and
''preceding twelve months'', respectively, and provided that the
presentation material submitted to Congress during its consideration of
amendments to this chapter, or of any Act appropriating funds pursuant
to authorizations contained in this chapter, should include a comparison
of the current fiscal year programs and activities with those presented
to Congress in the previous year and an explanation of any substantial
changes.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Section 304(c)(3) of Pub. L. 92-226 provided that: ''The provisions
of this subsection (amending this section and section 2403 of this
title) and section 657 of such Act (section 2417 of this title), as
added by subsection (b) of this Act (this section), shall apply with
respect to each fiscal year commencing on or after July 1, 1971.''
Amendment by Pub. L. 90-629 effective July 1, 1968, see section 41
of Pub. L. 90-629, set out as an Effective Date note under section 2751
of this title.
Determinations, authorizations, regulations, orders, contracts,
agreements, and other actions issued, undertaken, or entered into under
authority of any provision of former subsec. (g) of this section as
continuing in full force and effect until modified by appropriate
authority, see section 46 of Pub. L. 90-629, set out as a note under
former section 2341 of this title.
Annual report under this section to describe progress achieved during
preceding fiscal year in carrying out section 2151b(c)(3) of this title,
see section 305(b) of Pub. L. 99-83, set out as a note under section
2151b of this title.
Annual reports on foreign assistance submitted in 1980 and 1981
pursuant to this section to contain negotiating efforts respecting
accelerated loan repayments under section 2151y of this title, see
section 508(b) of Pub. L. 96-53, set out as a note under section 2151y
of this title.
22 USC 2394-1. Notification of program changes
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Covered programs; content of notifications
None of the funds appropriated to carry out the purposes of this
chapter (except for programs under subpart III or subpart IV of part II
of subchapter I of this chapter, part V of subchapter I of this chapter,
and programs of disaster relief and rehabilitation) or the Arms Export
Control Act (22 U.S.C. 2751 et seq.) may be obligated for any
activities, programs, projects, types of materiel assistance, countries,
or other operations not justified, or in excess of the amount justified,
to the Congress for obligation under this chapter or the Arms Export
Control Act for any fiscal year unless the Committee on Foreign
Relations of the Senate, the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Appropriations of each House of
the Congress are notified fifteen days in advance of such obligation.
Whenever a proposed reprograming exceeds $1,000,000 and the total amount
proposed for obligation for a country under this chapter in a fiscal
year exceeds by more than $5,000,000 the amount specified for that
country in the report required by section 2413(a) of this title,
notifications of such proposed reprogramings shall specify --
(1) the nature and purpose of such proposed obligation, and
(2) to the extent possible at the time of the proposed obligation,
the country for which such funds would otherwise have been obligated.
(b) Exceptions
The notification requirement of this section does not apply to the
reprogramming --
(1) of funds to be used for an activity, program, or project under
part I of subchapter I of this chapter if the amounts to be obligated
for that activity, program, or project for that fiscal year do not
exceed by more than 10 percent the amount justified to the Congress for
that activity, program, or project for that fiscal year; or
(2) of less than $25,000 to be used under part VIII of subchapter I
of this chapter, or under part V of subchapter II of this chapter, for a
country for which a program under that part for that fiscal year was
justified to the Congress.
(c) Funds in the International Affairs Budget Function;
reprogramming
The President shall notify the chairman of the Committee on Foreign
Relations of the Senate and the chairman of the Committee on Foreign
Affairs of the House of Representatives concerning any reprogramming of
funds in the International Affairs Budget Function, the authorizations
of appropriations for which are in their respective jurisdictions, to
the same degree and with the same conditions as the President notifies
the Committees on Appropriations. The requirements of this subsection
are in addition to, and not in lieu of, other notification requirements.
(Pub. L. 87-195, pt. III, 634A, formerly 671, as added Pub. L.
95-88, title I, 130, Aug. 3, 1977, 91 Stat. 543; renumbered Pub. L.
95-424, title V, 502(b), Oct. 6, 1978, 92 Stat. 959, and amended H.
Res. 89, Feb. 5, 1979; Pub. L. 97-113, title VII, 704, Dec. 29, 1981,
95 Stat. 1544; Pub. L. 99-83, title XII, 1209(a), Aug. 8, 1985, 99
Stat. 278.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsec. (a), is Pub. L.
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified
principally to chapter 39 ( 2751 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2751 of this title and Tables.
References to part I of subchapter I of this chapter are deemed to
include a reference to section 2293 of this title. See section 2293(
d)(1) of this title.
Section was formerly classified to section 2429b of this title.
1985 -- Pub. L. 99-83 designated existing provisions as subsec.
(a), inserted references to the Arms Export Control Act in two places,
and added subsecs. (b) and (c).
1981 -- Pub. L. 97-113 inserted provision respecting notification of
proposed reprograming of assistance.
Committee on International Relations of House of Representatives
changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House
Resolution 89, 96th Congress.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Functions of President under this section, to extent they relate to
notifications to Congress concerning changes in programs under
subchapter II of this chapter, except parts IV, VI, and VIII thereof,
delegated to Secretary of Defense, subject to prior consultation with
Secretary of State, by section 1-301(c) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56675, as amended, set out as a note under section
2381 of this title.
22 USC 2394-1a. Classification of reports
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
All information contained in any report transmitted under this
chapter shall be public information. However, in the case of any item
of information to be included in any such report that the President, on
an extraordinary basis, determines is clearly detrimental to the
security of the United States, he shall explain in a supplemental report
why publication of each specific item would be detrimental to the
security of the United States. A supplemental report shall be
transmitted to the Congress at the time the report is transmitted.
(Pub. L. 87-195, pt. III, 634B, as added Pub. L. 95-424, title V,
502(c), Oct. 6, 1978, 92 Stat. 959.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section 2151
of this title.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under this section, insofar as they relate to
other functions delegated to Secretary of State by Ex. Ord. No. 12163,
delegated to Secretary of State by section 1-201(a)(16) of Ex. Ord. No.
12163.
Functions of President, to extent they relate to other functions
under this chapter administered by Department of Defense, delegated to
Secretary of Defense by section 1-301(b) of Ex. Ord. No. 12163.
22 USC 2394a. Extortion and illegal payments to officials of foreign
countries receiving international security assistance
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Within 60 days after receiving information which substantiates that
officials of a foreign country receiving international security
assistance have (1) received illegal or otherwise improper payments from
a United States corporation in return for a contract to purchase defense
articles or services from such corporation, or (2) extorted, or
attempted to extort, money or other things of value in return for
actions by officials of that country that permit a United States citizen
or corporation to conduct business in that country, the President shall
submit to Congress a report outlining the circumstances of such payment
or extortion. The report shall contain a recommendation from the
President as to whether the United States should continue a security
assistance program for that country.
(Pub. L. 94-329, title VI, 607, June 30, 1976, 90 Stat. 768.)
Section was not enacted as part of Pub. L. 87-195, Sept. 4, 1961,
75 Stat. 424, known as the Foreign Assistance Act of 1961, which
comprises this chapter.
Functions of President under this section delegated to Secretary of
State by section 1-201(a)(20) of Ex. Ord. No. 12163, Sept. 29, 1979,
44 F.R. 56674, as amended, set out as a note under section 2381 of this
title.
22 USC 2395. General authorities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Manner of furnishing assistance; emphasis on loans
Except as otherwise specifically provided in this chapter, assistance
under this chapter may be furnished on a grant basis or on such terms,
including cash, credit, or other terms of repayment (including repayment
in foreign currencies or by transfer to the United States Government of
commodities) as may be determined to be best suited to the achievement
of the purposes of this chapter, and shall emphasize loans rather than
grants wherever possible.
(b) Authority of the President
The President may make loans, advances, and grants to, make and
perform agreements and contracts with, or enter into other transactions
with, any individual, corporation, or other body of persons, friendly
government or government agency, whether within or without the United
States, and international organizations in furtherance of the purposes
and within the limitations of this chapter.
(c) Utilization of services and facilities of voluntary, nonprofit
organizations
It is the sense of Congress that the President, in furthering the
purposes of this chapter, shall use to the maximum extent practicable
the services and facilities of voluntary, nonprofit organizations
registered with, and approved by, the Agency for International
Development.
(d) Acceptance of gifts, devises, bequests, grants, etc.
The President may accept and use in furtherance of the purposes of
this chapter, money, funds, property, and services of any kind made
available by gift, devise, bequest, grant, or otherwise for such
purpose.
(e) Health and accident insurance for foreign participants and
foreign employees
(1) Any agency of the United States Government is authorized to pay
the cost of health and accident insurance for foreign participants in
any program of furnishing technical information and assistance
administered by such agency while such participants are absent from
their homes for the purpose of participation in such program.
(2) Any agency of the United States Government is authorized to pay
the cost of health and accident insurance for foreign employees of that
agency while those employees are absent from their place of employment
abroad for purposes of training or other official duties.
(f) Admission of alien participants
Alien participants in any program of furnishing technical information
and assistance under this chapter may be admitted to the United States
if otherwise qualified as nonimmigrants under section 1101(a)(15) of
title 8, for such time and under such conditions as may be prescribed by
regulations promulgated by the Secretary of State and the Attorney
General.
(g) Powers and authorities of the President with respect to loans
In making loans under this chapter, the President --
(1) may issue letters of credit and letters of commitment;
(2) may collect or compromise any obligations assigned to, or held
by, and any legal or equitable rights accruing to him, and, as he may
determine, refer any such obligations or rights to the Attorney General
for suit or collection;
(3) may acquire and dispose of, upon such terms and conditions as he
may determine, any property, including any instrument evidencing
indebtedness or ownership (provided that equity securities may not be
directly purchased although such securities may be acquired by other
means such as by exercise of conversion rights or through enforcement of
liens or pledges or otherwise to satisfy a previously incurred
indebtedness), and guarantee payment against any such instrument;
(4) may determine the character of, and necessity for, obligations
and expenditures of funds used in making such loans and the manner in
which they shall be incurred, allowed, and paid, subject to provisions
of law specifically applicable to corporations of the United States
Government; and
(5) shall cause to be maintained an integral set of accounts which
shall be audited by the General Accounting Office in accordance with
principles and procedures applicable to commercial corporate
transactions as provided by chapter 91 of title 31.
(h) Term of contracts and agreements
A contract or agreement which entails commitments for the expenditure
of funds made available under part I (except development loans) and
subpart II of part II of subchapter I and under subchapter II of this
chapter, may, subject to any future action of the Congress, extend at
any time for not more than five years.
(i) Settlement and arbitration of claims arising under investment
guaranty operations
Claims arising as a result of investment guaranty operations may be
settled, and disputes arising as a result thereof may be arbitrated with
the consent of the parties, on such terms and conditions as the
President may direct. Payment made pursuant to any such settlement, or
as a result of an arbitration award, shall be final and conclusive
notwithstanding any other provision of law.
(j) Financial transactions with foreign governments; exemption
The provisions of section 955 of title 18 shall not apply to prevent
any person, including any individual, partnership, corporation, or
association, from acting for, or participating in, any operation or
transaction arising under this chapter, or from acquiring any obligation
issued in connection with any operation or transaction arising under
this chapter.
(k) Cost-type contracts with educational institutions; payment of
reimbursable indirect costs
Any cost-type contract or agreement (including grants) entered into
with a university, college, or other educational institution for the
purpose of carrying out programs authorized by subchapter I of this
chapter may provide for the payment of the reimbursable indirect costs
of said university, college, or other educational institution on the
basis of predetermined fixed-percentage rates applied to the total, or
an element thereof, of the reimbursable direct costs incurred.
(Pub. L. 87-195, pt. III, 635, Sept. 4, 1961, 75 Stat. 456; Pub. L.
87-565, pt. III, 302(g), Aug. 1, 1962, 76 Stat. 262; Pub. L. 88-205,
pt. III, 302(e), Dec. 16, 1963, 77 Stat. 389; Pub. L. 89-171, pt. III,
302(g), Sept. 6, 1965, 79 Stat. 660; Pub. L. 89-583, pt. III, 302(d),
Sept. 19, 1966, 80 Stat. 807; Pub. L. 90-137, pt. III, 302(i), Nov.
14, 1967, 81 Stat. 461; Pub. L. 95-424, title I, 102( g)(2)(G), Oct.
6, 1978, 92 Stat. 943; Pub. L. 96-53, title I, 121, Aug. 14, 1979, 93
Stat. 366.)
This chapter, referred to in subsecs. (a) to (d), (g), and (j), was
in the original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961,
75 Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
References to part I of subchapter I of this chapter are deemed to
include a reference to section 2293 of this title. See section 2293(
d)(1) of this title.
In subsec. (g)(5), ''chapter 91 of title 31'' substituted for ''the
Government Corporation Control Act, as amended (31 U.S.C. 841 et seq.)''
on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067,
the first section of which enacted Title 31, Money and Finance.
1979 -- Subsec. (c). Pub. L. 96-53 substituted ''Agency for
International Development'' for ''Advisory Committee on Voluntary
Foreign Aid''.
1978 -- Subsec. (h). Pub. L. 95-424 substituted ''part I (except
development loans) and subpart II of part II of subchapter I'' for
''subparts II, V, and VI of part II of subchapter I (except development
loans)''.
1967 -- Subsec. (e). Pub. L. 90-137, 302(i)(1), designated existing
provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 90-137, 302(i)(2), struck out ''and sales''
after ''loans'' in introductory clause.
1966 -- Subsec. (h). Pub. L. 89-583 excluded development loans under
the Alliance for Progress from the provision that contracts or
agreements which entail commitments for the expenditure of funds may not
extend for more than five years.
1965 -- Subsec. (g). Pub. L. 89-171 inserted ''and sales'' in
introductory clause.
1963 -- Subsec. (k). Pub. L. 88-205 added subsec. (k).
1962 -- Subsec. (h). Pub. L. 87-565 included sections 2211 to 2213
of this title within the limitation on the duration of contracts and
agreements.
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this
title.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Section 302(i)(2) of Pub. L. 90-137 provided in part that amendment
of subsec. (g) by such section 302(i)(2) shall take effect on June 30,
1968.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President, to extent they relate to other functions
under this chapter administered by Department of Defense, under subsec.
(b) (except with respect to negotiation, conclusion, and termination of
international agreements) and under subsecs. (d) and (g) delegated to
Secretary of Defense by section 1-301(b) of Ex. Ord. No. 12163.
The negotiation, conclusion, and termination of international
agreements pursuant to this chapter shall be subject to requirements of
section 112b of Title 1, General Provisions, and to applicable
regulations and procedures, see section 1-604 of Ex. Ord. No. 12163,
Sept. 29, 1979, 44 F.R. 56677, eff. Oct. 1, 1979, set out as a note
under section 2381 of this title.
ion Proposals
Pub. L. 93-333, 4, July 8, 1974, 88 Stat. 290, relating to
cancellation, renegotiation, etc., of any debt owed by a foreign
government, was repealed by Pub. L. 95-424, title VI, 603(b), Oct. 6,
1978, 92 Stat. 961.
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
22 USC 2395a. International agreements concerning debt relief;
transmittal to Congressional committees
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(1) Repealed. Pub. L. 97-113, title VII, 734(a)(5), Dec. 29, 1981,
95 Stat. 1560.
(2) The Secretary of State shall transmit to such committees a copy
of the text of any agreement with any foreign government which would
result in any such debt relief no less than thirty days prior to its
entry into force, together with a detailed justification of the interest
of the United States in the proposed debt relief. The requirements of
this paragraph shall not apply with respect to an agreement if a
statutory requirement exists that the amount of the debt relief provided
by the agreement may not exceed the amount approved for such purposes in
advance in an appropriation Act.
(Pub. L. 95-424, title VI, 603(a), Oct. 6, 1978, 92 Stat. 960; H.
Res. 89, Feb. 5, 1979; Pub. L. 97-113, title VII, 734(a)(5), Dec. 29,
1981, 95 Stat. 1560.)
''Such committees'' and ''such debt relief'', referred to in par.
(2), mean the Committee on Foreign Relations of the Senate, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the each House of Congress named as the
ongoing recipients of any information respecting debt relief
negotiations with foreign governments regarding any debts owing to the
United States in par. (1) provisions prior to repeal thereof by section
734(a)(1) of Pub. L. 97-113.
Section enacted as part of the International Development and Food
Assistance Act of 1978, and not as part of the Foreign Assistance Act of
1961 which comprises this chapter.
1981 -- Par. (1). Pub. L. 97-113 struck out par. (1) which required
Secretary of State keep the Committee on Foreign Relations of the
Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of each House of
Congress informed respecting any debt relief negotiations with foreign
governments regarding any debts owing to the United States.
Committee on International Relations of House of Representatives
changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House
Resolution 89, 96th Congress.
Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section 2151
of this title.
Pub. L. 101-513, title V, 550, Nov. 5, 1990, 104 Stat. 2020,
provided that: ''The Secretary of State shall transmit to the
Appropriations Committees of the Congress and to such other Committees
as appropriate, a copy of the text of any agreement with any foreign
government which would result in any debt relief no less than thirty
days prior to its entry into force, other than one entered into pursuant
to this Act, together with a detailed justification of the interest of
the United States in the proposed debt relief: Provided, That the term
'debt relief' shall include any and all debt prepayment, debt
rescheduling, and debt restructuring proposals and agreements: Provided
further, That the Secretary of State and the Secretary of the Treasury
should in every feasible instance notify the Appropriations Committees
of the Congress and such other Committees as appropriate not less than
15 days prior to any formal multilateral or bilateral negotiation for
official debt restructuring, rescheduling, or relief: Provided further,
That the Secretary of State or the Secretary of the Treasury, as
appropriate, shall report not later than the first of February, 1991 and
annually thereafter a consolidated statement of the budgetary
implications of all debt-related agreements entered into force during
the preceding fiscal year.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 101-167, title V, 555, Nov. 21, 1989, 103 Stat. 1237.
Pub. L. 100-461, title V, 557, Oct. 1, 1988, 102 Stat. 2268-38.
Pub. L. 100-202, 101(e) (title V, 563), Dec. 22, 1987, 101 Stat.
1329-131, 1329-172.
22 USC 2396. Availability of funds
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) General expenditures
Appropriations for the purposes of or pursuant to this chapter
(except for subchapter II of this chapter), allocations to any agency of
the United States Government, from other appropriations, for functions
directly related to the purposes of this chapter, and funds made
available for other purposes to the agency primarily responsible for
administrating subchapter I of this chapter, shall be available for:
(1) rent of buildings and space in buildings in the United States,
and for repair, alteration, and improvement of such leased properties;
(2) expenses of attendance at meetings concerned with the purposes of
such appropriations or of this chapter, including (notwithstanding the
provisions of section 1346(a) and (c) of title 31) expenses in
connection with meetings of persons whose employment is authorized by
section 2386 of this title;
(3) contracting with individuals for personal services abroad:
Provided, That such individuals shall not be regarded as employees of
the United States Government for the purpose of any law administered by
the Civil Service Commission;
(4) purchase, maintenance, operation, and hire of aircraft:
Provided, That aircraft for administrative purposes may be purchased
only as specifically provided for in an appropriation or other Act;
(5) purchase and hire of passenger motor vehicles: Provided, That,
except as may otherwise be provided in an appropriation or other Act,
passenger motor vehicles for administrative purposes outside the United
States may be purchased for replacement only, and such vehicles may be
exchanged or sold and replaced by an equal number of such vehicles, and
the cost, including exchange allowance, of each such replacement shall
not exceed the current market price in the United States of a mid-sized
sedan or station wagon meeting the requirements established by the
General Services Administration for a Class III vehicle of United States
manufacture (or, if the replacement vehicle is a right-hand drive
vehicle, 120 percent of that price) in the case of an automobile for the
chief of any special mission or staff outside the United States
established under section 2391 of this title: Provided further, That
passenger motor vehicles, other than one for the official use of the
head of the agency primarily responsible for administering subchapter I
of this chapter, may be purchased for use in the United States only as
may be specifically provided in an appropriation or other Act;
(6) entertainment (not to exceed $25,000 in any fiscal year except as
may otherwise be provided in an appropriation or other Act);
(7) exchange of funds without regard to section 3651 /1/ of the
Revised Statutes (31 U.S.C. 543) and loss by exchange;
(8) expenditures (not to exceed $50,000 in any fiscal year except as
may otherwise be provided in an appropriation or other Act) of a
confidential character other than entertainment: Provided, That a
certificate of the amount of each such expenditure, the nature of which
it is considered inadvisable to specify, shall be made by the head of
the agency primarily responsible for administering subchapter I of this
chapter or such person as he may designate, and every such certificate
shall be deemed a sufficient voucher for the amount therein specified;
(9) insurance of official motor vehicles or aircraft acquired for use
in foreign countries;
(10) rent or lease outside the United States for not to exceed ten
years of offices, buildings, grounds, and quarters, including living
quarters to house personnel, and payments therefor in advance;
maintenance, furnishings, necessary repairs, improvements, and
alterations to properties owned or rented by the United States
Government or made available for use to the United States Government
outside the United States; and costs of fuel, water, and utilities for
such properties;
(11) expenses of preparing and transporting to their former homes,
or, with respect to foreign participants engaged in any program under
subchapter I of this chapter, to their former homes or places of burial,
and of care and disposition of, the remains of persons or members of the
families of persons who may die while such persons are away from their
homes participating in activities carried out with funds covered by this
subsection;
(12) purchase of uniforms;
(13) payment of per diem in lieu of subsistence to foreign
participants engaged in any program under subchapter I of this chapter
while such participants are away from their homes in countries other
than the United States, at rates not in excess of those prescribed by
the standardized Government travel regulations, notwithstanding any
other provision of law;
(14) use in accordance with authorities of the Foreign Service Act of
1980, as amended (22 U.S.C. 3901 et seq.), not otherwise provided for;
(15) ice and drinking water for use outside the United States;
(16) services of commissioned officers of the Environmental Science
Services Administration, and for the purposes of providing such services
the Environmental Science Services Administration may appoint not to
exceed twenty commissioned officers in addition to those otherwise
authorized;
(17) expenses in connection with travel of personnel outside the
United States, including travel expenses of dependents (including
expenses during necessary stopovers while engaged in such travel), and
transportation of personal effects, household goods, and automobiles of
such personnel when any part of such travel or transportation begins in
one fiscal year pursuant to travel orders issued in that fiscal year,
notwithstanding the fact that such travel or transportation may not be
completed during the same fiscal year, and cost of transporting
automobiles to and from a place of storage, and the cost of storing
automobiles of such personnel when it is in the public interest or more
economical to authorize storage.
(b) Compensation, allowances, and travel of personnel; printing and
binding; expenditures outside United States
Funds made available for the purposes of this chapter may be used for
compensation, allowances, and travel of personnel including Foreign
Service personnel whose services are utilized primarily for the purposes
of this chapter, for printing and binding without regard to the
provisions of any other law, and for expenditures outside the United
States for the procurement of supplies and services and for other
administrative and operating purposes (other than compensation of
personnel) without regard to such laws and regulations governing the
obligation and expenditure of funds of the United States Government as
may be necessary to accomplish the purposes of this chapter.
(c) Construction of living quarters, office space, and supporting
facilities
Notwithstanding any other law, not to exceed $6,000,000 of the funds
available for assistance under this chapter may be used in any fiscal
year (in addition to funds available for such use under other
authorities in this chapter) to construct or otherwise acquire outside
the United States (1) essential living quarters, office space, and
necessary supporting facilities for use of personnel carrying out
activities authorized by this chapter, and (2) schools (including
dormitories and boarding facilities) and hospitals for use of personnel
carrying out activities authorized by this chapter, United States
Government personnel, and their dependents. In addition, funds made
available for assistance under this chapter may be used, notwithstanding
any other law, to equip, staff, operate, and maintain such schools and
hospitals.
(d) Education of dependents
Not to exceed $2,500,000 of the funds available for assistance under
this chapter may be used in any fiscal year to provide assistance, on
such terms and conditions as are deemed appropriate, to schools
established, or to be established, outside the United States whenever it
is determined that such action would be more economical or would best
serve the interests of the United States in providing for the education
of dependents of personnel carrying out activities authorized by this
chapter and dependents of United States Government personnel, in lieu of
acquisition or construction pursuant to subsection (c) of this section.
(e) Training costs
Funds available under this chapter may be used to pay costs of
training United States citizen personnel employed or assigned pursuant
to section 2385(d)(2) /2/ of this title (through interchange or
otherwise) at any State or local unit of government, public or private
nonprofit institution, trade, labor, agricultural, or scientific
association or organization, or commercial firm; and the provisions of
sections 1881 to 1888 /2/ of title 7 may be used to carry out the
foregoing authority notwithstanding that interchange of personnel may
not be involved or that the training may not take place at the
institutions specified in sections 1881 to 1888 /2/ of title 7. Such
training shall not be considered employment or holding of office under
section 5533 of title 5, and any payments or contributions in connection
therewith may, as deemed appropriate by the head of the agency of the
United States Government authorizing such training, be made by private
or public sources and be accepted by any trainee, or may be accepted by
and credited to the current applicable appropriation of such agency:
Provided, however, That any such payments to any employee in the nature
of compensation shall be in lieu, or in reduction, of compensation
received from the United States Government.
(f) Assistance in carrying out functions under certain laws
Funds made available under part I of subchapter I of this chapter may
be used for expenses (other than those provided for under section
2397(a) of this title) to assist in carrying out functions under part I
of subchapter I of this chapter, under the Agricultural Trade
Development and Assistance Act of 1954, as amended (7 U.S.C. 1691 et
seq.), and under the Latin American Development Act, as amended,
performed by the agency primarily responsible for administering
subchapter I of this chapter or by the Corporation established under
subpart IV of part II of subchapter I of this chapter with respect to
loan activities which it carries out under the provisions of the
Agricultural Trade Development and Assistance Act of 1954, as amended.
(g) Administrative, extraordinary, and operating expenses;
reimbursement of military officers; training of foreign military
personnel
Funds made available for the purposes of subchapter II of this
chapter or the Arms Export Control Act (22 U.S.C. 2751 et seq.) shall be
available for --
(1) administrative, extraordinary (not to exceed $300,000 in any
fiscal year), and operating expenses incurred in furnishing defense
articles, military education and training and defense services on a
grant or sales basis by the agency primarily responsible for
administering subchapter II of this chapter;
(2) reimbursement of actual expenses of military officers detailed or
assigned as tour directors in connection with orientation visits of
foreign military and related civilian personnel, in accordance with
provisions of section 5702 of title 5, applicable to civilian officers
and employees; and
(3) maintenance, repair, alteration and furnishing of United
States-owned facilities in the District of Columbia or elsewhere for the
training of foreign military and related civilian personnel, without
regard to the provisions of section 12 of title 41 or other provision of
law requiring a specific authorization or specific appropriation for
such public contracts.
(h) Recipient countries to contribute local currencies; utilization
of foreign currencies owned by United States
In carrying out programs under this chapter, the President shall take
all appropriate steps to assure that, to the maximum extent possible,
(1) countries receiving assistance under this chapter contribute local
currencies to meet the cost of contractual and other services rendered
in conjunction with such programs, and (2) foreign currencies owned by
the United States are utilized to meet the costs of such contractual and
other services.
(i) Financing motor vehicle transactions; waiver of domestic
manufacturing restriction
Notwithstanding section 2399a /2/ of this title or any other
provision of this chapter, none of the funds made available to carry out
this chapter shall be used to finance the purchase, sale, long-term
lease, exchange, or guaranty of a sale of motor vehicles unless such
motor vehicles are manufactured in the United States: Provided, That
where special circumstances exist the President is authorized to waive
the provisions of this section in order to carry out the purposes of
this chapter.
(Pub. L. 87-195, pt. III, 636, Sept. 4, 1961, 75 Stat. 457; Pub. L.
88-205, pt. III, 302(f), Dec. 16, 1963, 77 Stat. 389; Pub. L. 89-171,
pt. III, 302(h), Sept. 6, 1965, 79 Stat. 660; Pub. L. 90-137, pt. III,
302(j)-(o), Nov. 14, 1967, 81 Stat. 461, 462; Pub. L. 90-554, pt. III,
302(d), Oct. 8, 1968, 82 Stat. 965; Pub. L. 91-175, pt. III, 306, Dec.
30, 1969, 83 Stat. 821; Pub. L. 94-329, title I, 106(b)(5), June 30,
1976, 90 Stat. 733; Pub. L. 95-424, title I, 102(g)(2)(H)-(J), title V,
505, Oct. 6, 1978, 92 Stat. 943, 960; Pub. L. 99-83, title XII,
1211(b)(1), Aug. 8, 1985, 99 Stat. 279; Pub. L. 99-234, title I, 107(
b), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 99-550, 2(b), Oct. 27, 1986,
100 Stat. 3070; Pub. L. 100-202, 101(e) (title II, 201), Dec. 22, 1987,
101 Stat. 1329-131, 1329-141; Pub. L. 101-167, title III, Nov. 21,
1989, 103 Stat. 1214.)
This chapter, referred to in subsecs. (a) to (e), (h), and (i), was
in the original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961,
75 Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to in
subsec. (a)(7), was repealed by Pub. L. 97-258, 4(b), Sept. 13, 1982,
96 Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
The Foreign Service Act of 1980, referred to in subsec. (a)(14), is
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is
classified principally to chapter 52 ( 3901 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 3901 of this title and Tables.
Section 2385(d) of this title, referred to in subsec. (e), was
amended by Pub. L. 96-465, title II, 2203(a), Oct. 17, 1980, 94 Stat.
2158, and as so amended does not contain a par. (2).
Sections 1881 to 1888 of title 7, referred to in subsec. (e), which
related to the interchange of Department of Agriculture and State
employees, were repealed by Pub. L. 91-648, title IV, 403, Jan. 5,
1971, 84 Stat. 1925. See section 3371 et seq. of Title 5, Government
Organization and Employees.
The Agricultural Trade Development and Assistance Act of 1954, as
amended, referred to in subsec. (f), is act July 10, 1954, ch. 469, 68
Stat. 454, as amended, which is classified principally to chapter 41 (
1691 et seq.) of Title 7, Agriculture. For complete classification of
this Act to the Code, see Short Title note set out under section 1691 of
Title 7, and Tables.
The Latin American Development Act, as amended, referred to in
subsec. (f), is Pub. L. 86-735, Sept. 8, 1960, 74 Stat. 869, as
amended, which enacted sections 1942 to 1945 of this title and amended
section 1753a of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 1942 of this title
and Tables.
The Arms Export Control Act, referred to in subsec. (g), is Pub. L.
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified
principally to chapter 39 ( 2751 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2751 of this title and Tables.
Section 2399a of this title, referred to in subsec. (i), was
repealed by Pub. L. 90-629, ch. 4, 45(a), Oct. 22, 1968, 82 Stat.
1327. See section 2753(a)(1) of this title.
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
References to part I of subchapter I of this chapter are deemed to
include a reference to section 2293 of this title. See section 2293(
d)(1) of this title.
In subsec. (a)(2), ''section 1346(a) and (c) of title 31''
substituted for ''section 9 of Public Law 60-328 (31 U.S.C. 673))'' on
authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the
first section of which enacted Title 31, Money and Finance.
1989 -- Subsec. (g). Pub. L. 101-167 inserted ''or the Arms Export
Control Act'' after ''subchapter II of this chapter'' in introductory
provisions.
1987 -- Subsec. (c). Pub. L. 100-202 substituted ''$6,000,000'' for
''$3,000,000''.
1986 -- Subsec. (a)(5). Pub. L. 99-550 struck out ''(without regard
to the limitations contained in section 5 of Public Law 63-127, as
amended (31 U.S.C. 638a(c)(2)), and section 201 of Public Law 85-468 (31
U.S.C. 638c))'' after ''official use''.
Subsec. (g)(2). Pub. L. 99-234 substituted ''5702'' for ''5702(c)''.
1985 -- Subsec. (a)(14). Pub. L. 99-83 substituted reference to
Foreign Service Act of 1980 for reference to Foreign Service Act of
1946.
1978 -- Subsec. (a)(5). Pub. L. 95-424, 505, substituted ''the
current market price in the United States of a mid-sized sedan or
station wagon meeting the requirements established by the General
Services Administration for a Class III vehicle of United States
manufacture (or, if the replacement vehicle is a right hand drive
vehicle, 120 percent of that price)'' for ''$3,500''.
Subsec. (c). Pub. L. 95-424, 102(g)(2)(H), struck out ''(other than
subpart I of part II of subchapter I of this chapter)'' after ''under
this chapter'' in two places.
Subsecs. (d), (e). Pub. L. 95-424, 102(g)(2)(I), struck out ''(other
than subpart I of part II of subchapter I of this chapter)'' after
''under this chapter''.
Subsec. (f). Pub. L. 95-424, 102(g)(2)(J), substituted ''available
under part I of subchapter I of this chapter'' for ''section 2172 of
this title'', and ''functions under part I'' for ''functions under
subpart I of part II''.
1976 -- Subsec. (g)(1). Pub. L. 94-329, 106(b)(5)(A), inserted
''military education and training'' after ''articles''.
Subsec. (g)(2), (3). Pub. L. 94-329, 106(b)(5)(B), substituted ''and
related civilian personnel'' for ''personnel''.
1969 -- Subsec. (f). Pub. L. 91-175 added Corporation established
under sections 2191 to 2200a of this title to the enumeration of
agencies administering programs.
1968 -- Subsec. (g)(1). Pub. L. 90-554 required that when funds are
made available for operating expenses, such expenses be incurred in
furnishing defense articles and defense services on a grant or sales
basis by the agency primarily responsible for administering subchapter
II of this chapter.
1967 -- Subsec. (a)(5). Pub. L. 90-137, 302(j), substituted
''section 638a(c)(2) and section 638c of title 31'' for ''section 78a(
c)(2) and section 78a-1 of title 5''.
Subsec. (a)(16). Pub. L. 90-137, 302(k), substituted ''Environmental
Science Services Administration'' for ''Coast and Geodetic Survey'' in
two places.
Subsec. (d). Pub. L. 90-137, 302(l), increased limitation on funds
available for education of dependents from $1,500,000 to $2,500,000.
Subsec. (e). Pub. L. 90-137, 302(m), substituted reference to section
5533 of title 5 for section 301 of the Dual Compensation Act (5 U.S.C.
3105).
Subsec. (g)(2). Pub. L. 90-137, 302(n), substituted reference to
section 5702(c) of title 5 for former section 836 of title 5.
Subsec. (i). Pub. L. 90-137, 302(o), added subsec. (i).
1965 -- Subsec. (e). Pub. L. 89-171, 302(h)(1), substituted
''section 301 of the Dual Compensation Act (5 U.S.C. 3105)'' for
''section 2 of the Act of July 31, 1894, as amended (5 U.S.C. 62)''.
Subsec. (f). Pub. L. 89-171, 302(h)(2), substituted ''Latin American
Development Act, as amended'' for ''Act to provide for assistance in the
development of Latin America and in the reconstruction of Chile, and for
other purposes''.
1963 -- Subsec. (h). Pub. L. 88-205 added subsec. (h).
Commissioned Officer Corps of the Environmental Science Services
Administration changed to Commissioned Officer Corps of the National
Oceanic and Atmospheric Administration, see 1970 Reorg Plan No. 4, 4(
d), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the
Appendix to Title 5, Government Organization and Employees.
Amendment by Pub. L. 99-234 effective (1) on effective date of
regulations to be promulgated not later than 150 days after Jan. 2,
1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see
section 301(a) of Pub. L. 99-234, set out as a note under section 5701
of Title 5, Government Organization and Employees.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under subsec. (i), to extent they relate to
other functions under this chapter administered by Department of
Defense, delegated to Secretary of Defense by section 1-301(b) of Ex.
Ord. No. 12163.
143a.
/1/ See References in Text note below.
/2/ See References in Text note below.
22 USC 2396a. Property Management Fund
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The proceeds of overseas property acquired by the Agency for
International Development under the authority of section 2396(c) of this
title may be deposited in a separate fund, which shall be known as the
Property Management Fund. Such proceeds shall be available for use only
for the purposes of section 2396(c) of this title, and shall remain
available until expended. The Administrator of the Agency for
International Development shall report all uses of funds deposited into
the Property Management Fund as part of the annual Congressional
Presentation materials submitted by the Agency for International
Development.
(b) The provisions of subsection (a) of this section shall be
applicable to property acquired prior to November 5, 1990, and at any
time thereafter.
(Pub. L. 101-513, title V, 585, Nov. 5, 1990, 104 Stat. 2047.)
Section was enacted as part of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991, and not as
part of the Foreign Assistance Act of 1961 which comprises this chapter.
22 USC 2397. Administrative expenses
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Repealed. Pub. L. 95-424, title VI, 604, Oct. 6, 1978, 92 Stat.
961.
(b) There is authorized to be appropriated such amounts as may be
necessary from time to time for administrative expenses which are
incurred for functions of the Department of State under this chapter and
unrepealed provisions of the Mutual Security Act of 1954, as amended, or
for normal functions of the Department of State which relate to such
functions.
(Pub. L. 87-195, pt. III, 637, Sept. 4, 1961, 75 Stat. 460; Pub. L.
87-565, pt. III, 302(h), Aug. 1, 1962, 76 Stat. 262; Pub. L. 88-205,
pt. III, 302(g), Dec. 16, 1963, 77 Stat. 389; Pub. L. 88-633, pt. III,
302(c), Oct. 7, 1964, 78 Stat. 1014; Pub. L. 89-171, pt. III, 302(i),
Sept. 6, 1965, 79 Stat. 661; Pub. L. 89-583, pt. III, 302(e), Sept.
19, 1966, 80 Stat. 808; Pub. L. 90-137, pt. III, 302( p), Nov. 14,
1967, 81 Stat. 462; Pub. L. 90-554, pt. III, 302(e), Oct. 8, 1968, 82
Stat. 965; Pub. L. 91-175, pt. III. 307, Dec. 30, 1969, 83 Stat. 821;
Pub. L. 92-226, pt. III, 303, Feb. 7, 1972, 86 Stat. 28; Pub. L.
93-189, 18, Dec. 17, 1973, 87 Stat. 724; Pub. L. 95-424, title VI, 604,
Oct. 6, 1978, 92 Stat. 961.)
This chapter, referred to in subsec. (b), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
The Mutual Security Act of 1954, referred to in subsec. (b), is act
Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts July 8,
1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, 2-11, 70 Stat.
555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30, 1958,
Pub. L. 85-477, ch. 1, 101-103, ch. II, 201-205, ch. III, 301, ch.
IV, 401, ch. V, 501, 72 Stat. 261; July 24, 1959, Pub. L. 86-108, 2,
ch. 1, 101, ch. II, 201-205(a)-(i), (k)-(n), ch. III, 301, ch. IV,
401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472, ch. I
to V, 74 Stat. 134, which was principally classified to chapter 24 (
1750 et seq.) of this title and which was repealed by act July 18, 1956,
ch. 627, 8(m), 70 Stat. 559, Pub. L. 85-141, 2(e), 3, 4(b), 11( d),
Aug. 14, 1957, 71 Stat. 356, Pub. L. 86-108, ch. II, 205(j), ch. IV,
401(1), July 24, 1959, 73 Stat. 250, Pub. L. 86-472, ch. II, 203( d),
204(k), May 14, 1960, 74 Stat. 138, Pub. L. 87-195, pt. III, 642(
a)(2), Sept. 4, 1961, 75 Stat. 460, Pub. L. 94-329, title II, 212(b)(
1), June 30, 1976, 90 Stat. 745, except for sections 1754, 1783, 1796,
1853, 1922, 1928, and 1937 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1754
of this title and Tables.
1978 -- Subsec. (a). Pub. L. 95-424 struck out subsec. (a) which
authorized appropriations for necessary administrative expenses of the
agency primarily responsible for administering subchapter I of this
chapter.
1973 -- Subsec. (a). Pub. L. 93-189 substituted ''for each of the
fiscal years 1974 and 1975, $45,000,000'', for ''for the fiscal year
1972, $50,000,000, and for the fiscal year 1973, $50,000,000''.
1972 -- Subsec. (a). Pub. L. 92-226 authorized appropriations of
$50,000,000 for fiscal years 1972 and 1973, and struck out appropriation
authorization of $51,125,000 for fiscal years 1970 and 1971.
1969 -- Subsec. (a). Pub. L. 91-175 substituted ''fiscal year 1970,
$51,125,000, and for the fiscal year 1971, $51,125,000'' for ''fiscal
year 1969, $53,000,000''.
1968 -- Subsec. (a). Pub. L. 90-554 substituted ''1969'' and
''$53,000,000'' for ''1968'' and ''$55,814,000'', respectively, and
required a reduction in number of personnel, particularly administrative
personnel, to keep within reduced funds for fiscal year 1969, excepting
therefrom auditing or training activities.
1967 -- Subsec. (a). Pub. L. 90-137 substituted ''1968'' and
''$55,814,000'' for ''1967'' and ''$55,813,500'', respectively.
1966 -- Subsec. (a). Pub. L. 89-583 substituted ''1967'' and
''$55,813,500'' for ''1966'' and ''54,240,000,'' respectively.
1965 -- Subsec. (a). Pub. L. 89-171 substituted ''1966'' and
''$54,200,000'' for ''1965'' and ''$52,500,000'', respectively.
1964 -- Subsec. (a). Pub. L. 88-633 substituted ''1965'' and
''$52,500,000'' for ''1964'' and ''$54,000,000'', respectively.
1963 -- Subsec. (a). Pub. L. 88-205 substituted ''1964'' and
''$54,000,000'' for ''1963'' and ''$53,000,000'', respectively.
1962 -- Subsec. (a). Pub. L. 87-565, 302(h)(1), substituted ''1963''
and ''$53,000,000'' for ''1962'' and ''$50,000,000'', respectively.
Subsec. (b). Pub. L. 87-565, 302(h)(2), struck out ''to the Secretary
of State'' after ''authorized to be appropriated.''
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Funds available to the President under this chapter allocated to
Director of United States International Development Cooperation Agency,
with certain exceptions, by section 1-801(a) of Ex. Ord. No. 12163,
Sept. 29, 1979, 44 F.R. 56673, eff. Oct. 1, 1979, set out as a note
under section 2381 of this title.
Funds available to President for carrying out subsec. (b) of this
section allocated to Secretary of State by section 1-801(c) of Ex. Ord.
No. 12163.
2413 of this title.
22 USC 2398. Assistance to countries pursuant to other statutes
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) No provision of this chapter shall be construed to prohibit
assistance to any country pursuant to the Peace Corps Act, as amended
(22 U.S.C. 2501 et seq.); the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.); or the Export-Import
Bank Act of 1945, as amended (12 U.S.C. 635 et seq.).
(b) No provision of this chapter or any other provision of law shall
be construed to prohibit assistance for any training activity which is
funded under this chapter for Brazil or Argentina as long as such
country continues to have a democractically elected government and the
assistance is otherwise consistent with sections 2151n, 2304, 2370(f),
2371, and 2420 of this title.
(Pub. L. 87-195, pt. III, 638, as added Pub. L. 88-205, pt. III,
302(h), Dec. 16, 1963, 77 Stat. 389, and amended Pub. L. 89-171, pt.
III, 302(j), Sept. 6, 1965, 79 Stat. 661; Pub. L. 93-189, 19, Dec. 17,
1973, 87 Stat. 725; Pub. L. 100-202, 101(e) (title V, 588(a)), Dec.
22, 1987, 101 Stat. 1329-131, 1329-186.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
The Peace Corps Act, as amended, referred to in subsec. (a), is Pub.
L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is
classified principally to chapter 34 ( 2501 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2501 of this title and Tables.
The Mutual Educational and Cultural Exchange Act of 1961, as amended,
referred to in subsec. (a), is Pub. L. 87-256, Sept. 21, 1961, 75
Stat. 527, as amended, which is classified principally to chapter 33 (
2451 et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 2451 of this title
and Tables.
The Export-Import Bank Act of 1945, as amended, referred to in
subsec. (a), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended,
which is classified generally to chapter 6A ( 635 et seq.) of Title 12,
Banks and Banking. For complete classification of this Act to the Code,
see Short Title note set out under section 635 of Title 12 and Tables.
1987 -- Pub. L. 100-202 designated existing provisions as subsec.
(a) and added subsec. (b).
1973 -- Pub. L. 93-189 amended section catchline.
1965 -- Pub. L. 89-171 struck out provisions which prohibited any
provision of this chapter from being construed to prohibit famine or
disaster relief, including such relief through voluntary agencies, under
sections 1721 to 1724 of title 7.
Section 101(e) (title V, 588(b)) of Pub. L. 100-202 provided that:
''The amendment made by subsection (a)(2) (amending this section) does
not apply with respect to funds appropriated prior to the date of
enactment of this Act (Dec. 22, 1987).''
22 USC 2399. Repealed. Pub. L. 94-161, title I, 101(6), Dec. 20, 1975,
89 Stat. 850
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 639, as added Pub. L. 80-171,
pt. III, 302(k), Sept. 6, 1965, 79 Stat. 661, and amended Pub. L.
93-559, 28(a), Dec. 30, 1974, 88 Stat. 1803, provided for famine or
disaster relief, authorized appropriation of $40,000,000 for fiscal year
1975, and required Presidential reports to Committees of the Senate and
Speaker of the House. See sections 2292 and 2292a of this title.
22 USC 2399-1a, 2399-1b. Transferred
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section 2399-1a, Pub. L. 87-195, pt. 1, 494A, formerly pt. III,
639A, as added Pub. L. 93-189, 20, Dec. 17, 1973, 87 Stat. 725,
amended Pub. L. 93-333, 3, July 8, 1974, 88 Stat. 290, and renumbered
Pub. L. 94-161, title I, 101(5), Dec. 20, 1975, 89 Stat. 850, which
related to famine and disaster relief to drought stricken African
nations, was transferred to section 2292d of this title.
Section 2399-1b, Pub. L. 87-195, pt. I, 494B, formerly pt. III,
639B, as added Pub. L. 93-189, 20, Dec. 13, 1973, 87 Stat. 725, and
renumbered and amended Pub. L. 94-161, title I, 101(5), (7), Dec. 20,
1975, 89 Stat. 850, which related to an African Development program,
was transferred to section 2292e of this title.
22 USC 2399a. Repealed. Pub. L. 90-629, ch. 4, 45(a), Oct. 22, 1968,
82 Stat. 1327
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 640, as added Pub. L. 89-171,
pt. III, 302(k), Sept. 6, 1965, 79 Stat. 661, and amended Pub. L.
90-137, pt. III, 302(q), Nov. 14, 1967, 81 Stat. 462, related to
military sales. See section 2753(a)(1) of this title.
Repeal effective July 1, 1968, see section 41 of Pub. L. 90-629, set
out as an Effective Date note under section 2751 of this title.
Determinations, authorizations, regulations, orders, contracts,
agreements, and other actions issued, undertaken, or entered into under
authority of any provision of former section 2399a of this title as
continuing in full force and effect until modified by appropriate
authority, see section 46 of Pub. L. 90-629, set out as a note under
section 2341 of this title.
22 USC 2399b. False claims and ineligible commodities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Penalties; costs
Any person who makes or causes to be made or presents or causes to be
presented to any bank or other financial institution or to any officer,
agent, or employee of any agency of the United States Government a claim
for payment from funds made available under this chapter for the
purposes of furnishing assistance and who knows the claim to be false,
fraudulent, or fictitious or to cover a commodity or commodity-related
service determined by the President to be ineligible for payment from
funds made available under this chapter, or who uses to support his
claim any certification, statement, or entry on any contract, abstract,
bill of lading, Government or commercial invoice, or Government form,
which he knows, or in the exercise of prudent business management should
know, to contain false, fraudulent, or fictitious information, or who
uses or engages in any other fraudulent trick, scheme, or device for the
purpose of securing or obtaining, or aiding to secure or obtain, for any
person any benefit or payment from funds so made available under this
chapter in connection with the negotiation, procurement, award, or
performance of a contract financed with funds so made available under
this chapter, and any person who enters into an agreement, combination,
or conspiracy so to do, (1) shall pay to the United States an amount
equal to 25 per centum of any amount thereby sought to be wrongfully
secured or obtained but not actually received, and (2) shall forfeit and
refund any payment, compensation, loan, commission, or advance received
as a result thereof, and (3) shall, in addition, pay to the United
States for each such act (A) the sum of $2,000 and double the amount of
any damage which the United States may have sustained by reason thereof,
or (B) an amount equal to 50 per centum of any such payment,
compensation, loan, commission, or advance so received, whichever is the
greater, together with the costs of suit.
(b) Recovery of penalties; procedure; finality of withholding of
funds; recovery of withheld funds; limitation period
In order to secure recovery under this section, the President may, as
he deems appropriate, (1) institute suit in the United States district
court for any judicial district in which the person alleged to have
performed or participated in an act described by this section may reside
or may be found, and (2) upon posting by registered mail to such person
a notice of claim describing the basis therefor and identifying the
funds to be withheld, withhold from funds owed by any agency of the
United States Government to such person an amount equal to the refund,
damages, liquidated damages, and exemplary damages claimed by the United
States under this section. Any such withholding of funds from any
person shall constitute a final determination of the rights and
liabilities of such person under this section with respect to the amount
so withheld, unless within one year of receiving the notice of claim
such person brings suit for recovery, which is hereby authorized,
against the United States in any United States district court.
(c) ''Person'' defined
For purposes of this section, the term ''person'' includes any
individual, corporation, partnership, association, or other legal
entity.
(Pub. L. 87-195, pt. III, 640A, as added Pub. L. 90-554, pt. III,
302(f), Oct. 8, 1968, 82 Stat. 965.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
22 USC 2399c. Coordination of policies and programs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Development Coordination Committee established
The President shall establish a system for coordination of United
States policies and programs which affect United States interests in the
development of low-income countries. To that end, the President shall
establish a Development Coordination Committee which shall advise him
with respect to coordination of United States policies and programs
affecting the development of the developing countries, including
programs of bilateral and multilateral development assistance. The
Committee shall include Director of the United States International
Development Cooperation Agency, Chairman, and representatives of the
Departments of State, Treasury, Commerce, Agriculture, Energy, and
Labor, the Executive Office of the President, and other executive
departments and agencies, as the President shall designate. The
Committee shall advise the President concerning the degree to which
bilateral and multilateral development assistance should focus on
critical problems in those functional sectors which affect the lives of
the majority of people in the developing countries: food production;
rural development and nutrition; population planning and health; and
education, public administration, and human resource development.
(b) Procedures to assure coordination
The President shall prescribe appropriate procedures to assure
coordination among --
(1) the various departments and agencies of the United States
Government having representatives in diplomatic missions abroad; and
(2) representatives of the United States Government in each country,
under the direction of the Chief of the United States Diplomatic
Mission.
The President shall keep the Congress advised of his actions under
this subsection.
(c) Guidance of Secretary of State
Programs authorized by this chapter shall be undertaken with the
foreign policy guidance of the Secretary of State.
(d) Repealed. Pub. L. 95-424, title V, 502(d)(1), Oct. 6, 1978, 92
Stat. 959
(e) Temporary assignment of employees
The head of any of the departments or agencies referred to in
subsection (a) of this section may temporarily assign, upon the request
of the Chairman, any employee from such department or agency to the
staff of the Committee.
(f) Studies
To carry out the purposes of subsection (a) of this section, the
Committee shall --
(1) prepare studies on various development problems;
(2) devise implementation strategies on developmental problems
appropriate to each such department or agency;
(3) monitor and evaluate the results of the development activities of
each such department or agency; and
(4) arrange for the exchange of information and studies between such
agencies and departments.
(Pub. L. 87-195, pt. III, 640B, as added Pub. L. 93-189, 21, Dec.
17, 1973, 87 Stat. 725, and amended Pub. L. 95-88, title I, 127, Aug.
3, 1977, 91 Stat. 542; Pub. L. 95-424, title V, 502(d), Oct. 6, 1978,
92 Stat. 959; Pub. L. 96-53, title I, 118, Aug. 14, 1979, 93 Stat.
365; 1979 Reorg. Plan No. 2, 6(b)(1), eff. Oct. 1, 1979, 44 F.R.
41166, 93 Stat. 1379; Pub. L. 97-113, title VII, 734(a)(1), Dec. 29,
1981, 95 Stat. 1560.)
1981 -- Subsec. (g). Pub. L. 97-113 struck our subsec. (g) which
required annual reports to Congress by the Chairman of the Development
Coordination Committee on the activities of the Committee respecting aid
to low-income countries. See section 2394(a) of this title.
1979 -- Subsec. (a). Pub. L. 96-53 inserted reference to Department
of Energy.
1978 -- Subsec. (d). Pub. L. 95-424, 502(d)(1), struck out subsec.
(d) relating to annual reports to Congress by the President on United
States actions affecting the development of less developed countries.
Subsec. (g). Pub. L. 95-424, 502(d)(2), substituted ''section 2394 of
this title, the Chairman of the Committee'' for ''subsection (d) of this
section, the President''.
1977 -- Subsec. (a). Pub. L. 95-88, 127(a), provided that the
Committee advise the President concerning the degree to which bilateral
and multilateral development assistance should focus on critical
problems in those functional sectors which affect the lives of the
majority of people in the developing countries: food production; rural
development and nutrition; population planning and health; and
education, public administration, and human resource development.
Subsec. (d). Pub. L. 95-88, 127(b), substituted ''less developed
countries'' for ''low-income countries'' in the description of the
subject matter of the Presidential reports to Congress, designated
existing provisions setting out the subject matter of the reports as cl.
(2)(A), and added cls. (1) and (2)(B).
Subsecs. (e) to (g). Pub. L. 95-88, 127(c), added subsecs. (e) to
(g).
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this
title.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
''Director of the United States International Development Cooperation
Agency'' substituted for ''head of the agency primarily responsible for
administering subchapter I of this chapter'' in subsec. (a), pursuant
to section 6(b)(1) of Reorg. Plan No. 2 of 1979, 44 F. R. 41166, 93
Stat. 1379, eff. Oct. 1, 1979, as provided in Ex. Ord. No. 12163,
1-101, Sept. 29, 1979, 44 F.R. 56673, set out as notes under section
2381 of this title, which transferred the functions and authorities
vested in the head of such agency under this section to the Director.
For establishment, composition, and functions of the Development
Coordination Committee required to be established by this section, see
section 1-506 of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56676,
eff. Oct. 1, 1979, set out as a note under section 2381 of this title.
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided for by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
22 USC 2399d. Shipping differential
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
For the purpose of facilitating implementation of section 1241(b) of
title 46, Appendix, funds made available for the purposes of part I of
subchapter I of this chapter or for purposes of part IV of subchapter II
of this chapter may be used to make grants to recipients to pay all or
any portion of such differential as is determined by the Secretary of
Commerce to exist between United States and foreign-flag vessel charter
or freight rates. Grants made under this section shall be paid with
United States-owned foreign currencies wherever feasible.
(Pub. L. 87-195, pt. III, 640C, as added Pub. L. 93-189, 21, Dec.
17, 1973, 87 Stat. 726, and amended Pub. L. 96-533, title VII, 708, Dec.
16, 1980, 94 Stat. 3159.)
References to part I of subchapter I of this chapter are deemed to
include a reference to section 2293 of this title. See section 2293(
d)(1) of this title.
1980 -- Pub. L. 96-533 substituted ''part IV of subchapter II of
this chapter'' for ''subchapter IV of this chapter''.
22 USC Part III -- Miscellaneous Provisions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2401. Effective date; identification of programs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
This chapter shall take effect on September 4, 1961. Programs under
this chapter shall be identified appropriately overseas as ''American
Aid''.
(Pub. L. 87-195, pt. III, 641, Sept. 4, 1961, 75 Stat. 460.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
22 USC 2402. Saving provisions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Determinations, authorizations, regulations, orders, contracts,
agreements, etc., under prior law
Except as may be expressly provided to the contrary in this chapter,
all determinations, authorizations, regulations, orders, contracts,
agreements, and other actions issued, undertaken, or entered into under
authority of any provision of law repealed by section 642(a) and the
Foreign Assistance Act of 1969 shall continue in full force and effect
until modified by appropriate authority.
(b) Compliance with similar provisions of prior law as compliance
with this chapter
Wherever provisions of this chapter establish conditions which must
be complied with before use may be made of authority contained in, or
funds authorized by, this chapter, compliance with, or satisfaction of,
substantially similar conditions under Acts listed in section 642(a) and
the Foreign Assistance Act of 1969 or Acts repealed by those Acts shall
be deemed to constitute compliance with the conditions established by
this chapter.
(c) Continued availability of funds appropriated pursuant to prior
law
Funds made available pursuant to provisions of law repealed by
section 642(a)(2) and the Foreign Assistance Act of 1969 shall, unless
otherwise authorized or provided by law, remain available for their
original purposes in accordance with the provisions of law originally
applicable thereto, or in accordance with the provisions of law
currently applicable to those purposes.
(Pub. L. 87-195, pt. III, 643, Sept. 4, 1961, 75 Stat. 460; Pub. L.
87-565, pt. III, 303(a), Aug. 1, 1962, 76 Stat. 263; Pub. L. 91-175,
pt. III, 308, Dec. 30, 1969, 83 Stat. 821.)
This chapter, referred to in subsecs. (a) and (b), was in the
original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat.
424, as amended, known as the Foreign Assistance Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
Section 642(a), referred to in text, means section 642(a) of Pub. L.
87-195, which is set out as a note under section 2151 of this title.
The Foreign Assistance Act of 1969, referred to in subsecs. (a) to
(c), is Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805, as amended. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
1969 -- Subsec. (a). Pub. L. 91-175 inserted ''and Foreign
Assistance Act of 1969'' after ''section 642(a),'' and ''section 642(
a)(2)''.
1962 -- Subsec. (d). Pub. L. 87-565 repealed subsec. (d) which
provided that nothing in the chapter was to affect the Peace Corps
pending enactment of the Peace Corps Act or adjournment of the first
session of the 87th Congress, whichever was earlier.
22 USC 2403. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
As used in this chapter --
(a) ''Agency of the United States Government'' includes any agency,
department, board, wholly or partly owned corporation, instrumentality,
commission, or establishment of the United States Government.
(b) ''Armed Forces'' of the United States means the Army, Navy, Air
Force, Marine Corps, and Coast Guard.
(c) ''Commodity'' includes any material, article, supply, goods, or
equipment used for the purposes of furnishing nonmilitary assistance.
(d) ''Defense article'' includes --
(1) any weapon, weapons system, munition, aircraft, vessel, boat or
other implement of war;
(2) any property, installation, commodity, material, equipment,
supply, or goods used for the purposes of furnishing military
assistance;
(3) any machinery, facility, tool, material supply, or other item
necessary for the manufacture, production, processing repair, servicing,
storage, construction, transportation, operation, or use of any article
listed in this subsection; or
(4) any component or part of any article listed in this subsection;
but
shall not include merchant vessels or, as defined by the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2011), source material (except
uranium depleted in the isotope 235 which is incorporated in defense
articles solely to take advantage of high density or pyrophoric
characteristics unrelated to radioactivity), by-product material,
special nuclear material, production facilities, utilization facilities,
or atomic weapons or articles involving Restricted Data.
(e) ''Defense information'' includes any document, writing, sketch,
photograph, plan, model, specification, design, prototype, or other
recorded or oral information relating to any defense article or defense
service, but shall not include Restricted Data as defined by the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), and data
removed from the Restricted Data category under section 142d of that Act
(42 U.S.C. 2162(d)).
(f) ''Defense service'' includes any service, test, inspection,
repair, publication, or technical or other assistance or defense
information used for the purposes of furnishing military assistance, but
does not include military educational and training activities under part
V of subchapter II of this chapter.
(g) ''Excess defense articles'' means the quantity of defense
articles owned by the United States Government, and not procured in
anticipation of military assistance or sales requirements, or pursuant
to a military assistance or sales order, which is in excess of the
Approved Force Acquisition Objective and Approved Force Retention Stock
of all Department of Defense Components at the time such articles are
dropped from inventory by the supplying agency for delivery to countries
or international organizations under this chapter.
(h) ''Function'' includes any duty, obligation, power, authority,
responsibility, right, privilege, discretion, or activity.
(i) Repealed. Pub. L. 93-189, 22(2), Dec. 17, 1973, 87 Stat. 726.
(j) ''Officer or employee'' means civilian personnel and members of
the Armed Forces of the United States Government.
(k) ''Services'' include any service, repair, training of personnel,
or technical or other assistance or information used for the purposes of
furnishing nonmilitary assistance.
(l) ''Surplus agricultural commodity'' means any agricultural
commodity or product thereof, class, kind, type, or other specification
thereof, produced in the United States, either publicly or privately
owned, which is in excess of domestic requirements, adequate carryover,
and anticipated exports for United States dollars, as determined by the
Secretary of Agriculture.
(m) ''Value'' means --
(1) with respect to an excess defense article, the actual value of
the article plus the gross cost incurred by the United States Government
in repairing, rehabilitating, or modifying the article, except that for
purposes of section 2392(d) of this title such actual value shall not be
taken into account;
(2) with respect to a nonexcess defense article delivered from
inventory to foreign countries or international organizations under this
chapter, the acquisition cost to the United States Government, adjusted
as appropriate for condition and market value;
(3) with respect to a nonexcess defense article delivered from new
procurement to foreign countries or international organizations under
this chapter, the contract or production costs of such article;
(4) with respect to a defense service, the cost to the United States
Government of such service; and
(5) with respect to military education and training or services
provided under part VIII of subchapter II of this chapter, the
additional costs that are incurred by the United States Government in
furnishing such assistance.
Military assistance programs and orders shall be based upon the best
estimates of stock status and prevailing prices; reimbursements to the
supplying agency shall be made on the basis of the stock status and
prices determined pursuant to this section. Notwithstanding the
foregoing provisions of this section, the Secretary of Defense may
prescribe regulations authorizing reimbursements to the supplying agency
based on negotiated prices for aircraft, vessels, plant equipment, and
such other major items as he may specify: Provided, That such articles
are not excess at the time such prices are negotiated: Provided
further, That such prices are negotiated at the time firm orders are
placed with the supplying agency.
(n) ''Military education and training'' includes formal or informal
instruction of foreign students in the United States or overseas by
officers or employees of the United States, contract technicians,
contractors (including instruction at civilian institutions), or by
correspondence courses, technical, educational, or information
publications and media of all kinds, training aids, orientation, and
military advice to foreign military units and forces.
(o) ''Agriculture'' includes aquaculture and fisheries.
(p) ''Farmers'' includes fishermen and other persons employed in
cultivating and harvesting food resources from salt and fresh waters.
(Pub. L. 87-195, pt. III, 644, Sept. 4, 1961, 75 Stat. 461; Pub. L.
87-565, pt. III, 303(b), Aug. 1, 1962, 76 Stat. 263; Pub. L. 88-205,
pt. III, 303, Dec. 16, 1963, 77 Stat. 389; Pub. L. 89-171, pt. III,
303(b), Sept. 6, 1965, 79 Stat. 661; Pub. L. 90-137, pt. III, 303(a),
Nov. 14, 1967, 81 Stat. 462; Pub. L. 90-629, ch. 4, 45( b)(5), Oct.
22, 1968, 82 Stat. 1327; Pub. L. 92-226, pt. III, 304(c)( 1), Feb. 7,
1972, 86 Stat. 32; Pub. L. 93-189, 22, Dec. 17, 1973, 87 Stat. 726;
Pub. L. 94-329, title I, 106(b)(6), June 30, 1976, 90 Stat. 733; Pub.
L. 95-424, title I, 103(b), Oct. 6, 1978, 92 Stat. 944; Pub. L. 96-92,
22, Oct. 29, 1979, 93 Stat. 710; Pub. L. 96-533, title I, 115(b)(1),
Dec. 16, 1980, 94 Stat. 3140; Pub. L. 98-151, 101(b)(2), Nov. 14, 1983,
97 Stat. 972.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
The Atomic Energy Act of 1954, as amended, referred to in subsecs.
(d) and (e), is act Aug. 30, 1954, ch. 1073, 1, 68 Stat. 921, as
amended, which is classified principally to chapter 23 ( 2011 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 2011
of Title 42 and Tables.
The 1983 amendment by Pub. L. 98-151 is based on section 202(b) of
H.R. 2992, Ninety-eighth Congress, 1st Session, as reported May 17,
1983, which was enacted into permanent law by Pub. L. 98-151.
1983 -- Subsec. (m)(5). Pub. L. 98-151 inserted ''or services
provided under part VIII of subchapter II of this chapter''.
1980 -- Subsec. (m)(5). Pub. L. 96-533 added par. (5).
1979 -- Subsec. (d). Pub. L. 96-92 defined ''defense article'' to
include uranium depleted in the isotope 235 which is incorporated in
defense articles solely to take advantage of high density or pyrophoric
characteristics unrelated to radioactivity.
1978 -- Subsecs. (o), (p). Pub. L. 95-424 added subsecs. (o) and
(p).
1976 -- Subsec. (f). Pub. L. 94-329, 106(b)(6)(A), struck out
''training'' after ''inspection, repair'', inserted ''but does not
include military educational and training activities under part V of
subchapter II'', and struck out definition of ''Training''.
Subsec. (n). Pub. L. 94-329, 106(b)(6)(B), added subsec. (n).
1973 -- Subsec. (g). Pub. L. 93-189, 22(1), substituted ''Approved
Force Acquisition Objective and Approved Force Retention Stock of all
Department of Defense Components'' for ''mobilization reserve''.
Subsec. (i). Pub. L. 93-189, 22(2), struck out subsec. (i) which
defined ''mobilization reserve''.
Subsec. (m)(1). Pub. L. 93-189, 22(3), inserted ''the actual value of
the article plus'' and substituted ''the article, except that for
purposes of section 2392(d) of this title such actual value shall not be
taken into account'' for ''such articles''.
Subsec. (m)(2). Pub. L. 93-189, 22(3), substituted ''the acquisition
cost to the United States Government, adjusted as appropriate for
conditions and market value;'' for ''the standard price in effect at the
time such articles are dropped from inventory by the supplying agency.
Such standard price shall be the same price (including authorized
reduced prices) used for transfers or sales of such articles in or
between the Armed Forces of the United States Government, or, where such
articles are not transferred or sold in or between the Armed Forces of
the United States, the gross cost to the United States Government
adjusted as appropriate for condition and marked values; and''.
Subsec. (m)(3). Pub. L. 93-189, 22(3), substituted ''a nonexcess
defense article'' for ''nonexcess defense articles'' and ''article;
and'' for ''articles.''
Subsec. (m)(4). Pub. L. 93-189, 22(3), added par. (4).
1972 -- Subsec. (m). Pub. L. 92-226 substituted '''Value' means,
other than in section 2417 of this title'' for '''Value' means''.
1968 -- Subsec. (m). Pub. L. 90-629 struck out ''and sales'' before
''programs'' in text following par. (3).
1967 -- Subsec. (d). Pub. L. 90-137, 303(a)(1), excluded production
facilities, utilization facilities, and articles involving Restricted
Data from definition of ''defense articles''.
Subsec. (e). Pub. L. 90-137, 303(a)(2), struck out ''and formerly
Restricted Data'' before ''as defined'' and excluded data removed from
the Restricted Data category under section 142d of the Atomic Energy Act
of 1954 (classified to section 2162(d) of Title 42) from definition of
''defense information''.
Subsec. (f). Pub. L. 90-137, 303(a)(3), excluded the transfer of
limited quantities of defense articles for test, evaluation, or
standardization purposes from definition of ''defense service'' and
defined ''training'', incorporating existing references to orientation
and training aid.
1965 -- Subsec. (g). Pub. L. 89-171, 303(b)(1), inserted ''and not
procured in anticipation of military assistance or sales requirements,
or pursuant to a military assistance or sales order'', and struck out
''as grant assistance'' after ''international organizations''.
Subsec. (m). Pub. L. 89-171, 303(b)(2), (3), in par. (2) substituted
''Such standard price shall be the same price (including authorized
reduced prices)'' for ''Such price shall be the same standard price'',
and in unnumbered par. after par. (3) substituted ''Military
Assistance and sales programs'' for ''Military assistance programs'' and
struck out ''by the military assistance program'' after ''supplying
agency''.
1963 -- Subsec. (f). Pub. L. 88-205 inserted ''including
orientation''.
1962 -- Subsec. (m)(2), (3). Pub. L. 87-565 struck out ''as grant
assistance'' after ''international organizations''.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Amendment by Pub. L. 92-226 applicable with respect to each fiscal
year commencing on or after July 1, 1971, see section 304(c)(3) of Pub.
L. 92-226, set out as a note under section 2394 of this title.
Amendment by Pub. L. 90-629 effective on July 1, 1968, see section
41 of Pub. L. 90-629, set out as an Effective Date note under section
2751 of this title.
22 USC 2404. Unexpended balances
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Unexpended balances of funds made available pursuant to this chapter,
the Mutual Security Act of 1954, as amended, or the Latin American
Development Act, as amended, are hereby authorized to be continued
available for the general purposes for which appropriated, and may at
any time be consolidated, and, in addition, may be consolidated with
appropriations made available for the same general purposes under the
authority of this chapter.
(Pub. L. 87-195, pt. III, 645, Sept. 4, 1961, 75 Stat. 462; Pub. L.
87-565, pt. III, 303(c), Aug. 1, 1962, 76 Stat. 263; Pub. L. 88-205,
pt. III, 304, Dec. 16, 1963, 77 Stat. 390; Pub. L. 89-171, pt. III,
303(c), Sept. 6, 1965, 79 Stat. 661.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
The Mutual Security Act of 1954, referred to in text, is act Aug.
26, 1954, ch. 937, 68 Stat. 832, as amended by acts July 8, 1955, ch.
301, 69 Stat. 283; July 18, 1956, ch. 627, 2-11, 70 Stat. 555; Aug.
14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30, 1958, Pub. L.
85-477, ch. 1, 101-103, ch. II, 201-205, ch. III, 301, ch. IV, 401,
ch. V, 501, 72 Stat. 261; July 24, 1959, Pub. L. 86-108, 2, ch. 1,
101, ch. II, 201-205(a)-(i), (k)-(n), ch. III, 301, ch. IV, 401(a)-(
k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472, ch. I to V, 74
Stat. 134, which was principally classified to chapter 24 ( 1750 et
seq.) of this title and which was repealed by act July 18, 1956, ch.
627, 8(m), 70 Stat. 559, Pub. L. 85-141, 2(e), 3, 4(b), 11(d), Aug.
14, 1957, 71 Stat. 356, Pub. L. 86-108, ch. II, 205( j), ch. IV,
401(1), July 24, 1959, 73 Stat. 250, Pub. L. 86-472, ch. II, 203(d),
204(k), May 14, 1960, 74 Stat. 138, Pub. L. 87-195, pt. III, 642(a)(
2), Sept. 4, 1961, 75 Stat. 460, Pub. L. 94-329, title II, 212(b)(
1), June 30, 1976, 90 Stat 745, except for sections 1754, 1783, 1796,
1853, 1922, 1928, and 1937 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1754
of this title and Tables.
The Latin American Development Act, as amended, referred to in text,
is Pub. L. 86-735, Sept. 8, 1960, 74 Stat. 869, as amended, which
enacted sections 1942 to 1945 of this title and amended section 1753a of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 1942 of this title and Tables.
1965 -- Pub. L. 89-171 substituted ''the Latin American Development
Act, as amended'' for ''Public Law 86-735''.
1963 -- Pub. L. 88-205 included balances of funds made available
under Public Law 86-735.
1962 -- Pub. L. 87-565 inserted ''this chapter'' after ''pursuant
to''.
22 USC 2405. Separability
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
If any provision of this chapter or the application of any provision
to any circumstances or persons shall be held invalid, the validity of
the remainder of this chapter, and of the applicability of such
provision to other circumstances or persons shall not be affected
thereby.
(Pub. L. 87-195, pt. III, 646, Sept. 4, 1961, 75 Stat. 462.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
22 USC 2406. Development programs for dependable fuel supplies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
It is of paramount importance that long-range economic plans take
cognizance of the need for a dependable supply of fuels, which is
necessary to orderly and stable development and growth, and that
dependence not be placed upon sources which are inherently hostile to
free countries and the ultimate well-being of economically
underdeveloped countries and which might exploit such dependence for
ultimate political domination. The agencies of government in the United
States are directed to work with other countries in developing plans for
basing development programs on the use of the large and stable supply of
relatively low cost fuels available in the free world.
(Pub. L. 87-195, pt. III, 647, Sept. 4, 1961, 75 Stat. 462.)
Pub. L. 95-92, 14, Aug. 4, 1977, 91 Stat. 622, which prohibited any
funds made available to carry out this chapter for fiscal year 1978 from
being used to finance the construction of, the operation or maintenance
of, or the supply of fuel for any nuclear powerplant under an agreement
of cooperation between the United States and any other country, was
repealed by Pub. L. 97-113, title VII, 734(a)(13), Dec. 29, 1981, 95
Stat. 1560.
Pub. L. 93-559, 43, Dec. 30, 1974, 88 Stat. 1813, which prohibited
any funds authorized under Pub. L. 93-559 from being used to finance
the construction of, the operation or maintenance of, or the supply of
fuel for any nuclear powerplant in Israel or Egypt, was repealed by Pub.
L. 97-113, title VII, 734(a)(8), Dec. 29, 1981, 95 Stat. 1560.
22 USC 2407. Special authorization for use of foreign currencies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Subject to the provisions of section 1306 of title 31, the President
is authorized, as a demonstration of good will on the part of the people
of the United States for the Polish and Italian people, to use foreign
currencies accruing to the United States Government under this chapter
or any other Act, for assistance on such terms and conditions as he may
specify, in the repair, rehabilitation, improvement, and maintenance of
cemeteries in Italy serving as the burial place of members of the armed
forces of Poland who died in combat in Italy during World War II.
(Pub. L. 87-195, pt. III, 648, as added Pub. L. 88-633, pt. III, 303,
Oct. 7, 1964, 78 Stat. 1014.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
''Section 1306 of title 31'' substituted in text for ''section 1415
of the Supplemental Appropriation Act, 1953, (31 U.S.C. 724)'' on
authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the
first section of which enacted Title 31, Money and Finance.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
22 USC 2408. Repealed. Pub. L. 95-424, title VI, 604, Oct. 6, 1978, 92
Stat. 961
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 649, as added Pub. L. 89-171,
pt. III, 303(d), Sept. 6, 1965, 79 Stat. 661, related to aggregate of
total amounts authorized to be appropriated under this chapter.
Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section 2151
of this title.
22 USC 2409. Use of United States Armed Forces
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The furnishing of economic, military, or other assistance under this
chapter shall not be construed as creating a new commitment or as
affecting any existing commitment to use Armed Forces of the United
States for the defense of any foreign country.
(Pub. L. 87-195, pt. III, 650, as added Pub. L. 90-137, pt. III,
303(b), Nov. 14, 1967, 81 Stat. 462.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
22 USC 2410. Repealed. Pub. L. 95-424, title VI, 604, Oct. 6, 1978, 92
Stat. 961
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 651, as added Pub. L. 90-554,
pt. III, 303, Oct. 8, 1968, 82 Stat. 966, related to sale of
supersonic planes to Israel.
Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section 2151
of this title.
22 USC 2410a. Repealed. Pub. L. 97-113, title VII, 734(a)(15), Dec.
29, 1981, 95 Stat. 1560
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 91-672, 7, Jan. 12, 1971, 84 Stat. 2054,
restricted sale, grant, loan, or transfer of International Fighter
aircraft to any foreign country, or agency thereof, other than South
Vietnam.
22 USC 2411. Limitation upon exercise of special authorities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President shall not exercise any special authority granted to him
under section 2318(a), 2348a(c)(2), or 2360(a) of this title unless the
President, prior to the date he intends to exercise any such authority,
notifies the Speaker of the House of Representatives and the Committee
on Foreign Relations of the Senate in writing of each such intended
exercise, the section of this chapter under which such authority is to
be exercised, and the justification for, and the extent of, the exercise
of such authority.
(Pub. L. 87-195, pt. III, 652, as added Pub. L. 91-652, 8, Jan. 5,
1971, 84 Stat. 1943, and amended Pub. L. 92-226, pt. III, 304(a)(1),
Feb. 7, 1972, 86 Stat. 28; Pub. L. 96-533, title I, 117(b), Dec. 16,
1980, 94 Stat. 3141; Pub. L. 99-83, title I, 105(b)(2), Aug. 8, 1985,
99 Stat. 196.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
1985 -- Pub. L. 99-83 inserted reference to section 2348a(c)(2) of
this title.
1980 -- Pub. L. 96-533 struck out reference to section 2364(a) of
this title.
1972 -- Pub. L. 92-226 struck out provision which limited exercise
of special authority for purpose of providing additional assistance to
Cambodia and which required thirty days notice to congressional
committee (ten days in emergencies requiring immediate assistance) of
intention to exercise such authority.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
as Commitment by United States to Cambodia for Its
Defense
Section 7 of Pub. L. 91-652, as amended by Pub. L. 92-226, pt. IV,
408, Feb. 7, 1972, 86 Stat. 35, provided that:
''(a) In line with the expressed intention of the President of the
United States, none of the funds authorized or appropriated pursuant to
this or any other Act may be used to finance the introduction of United
States ground combat troops into Cambodia, or to provide United States
advisers to or for military, paramilitary, police, or other security or
intelligence forces in Cambodia.
''(b) Military and economic assistance provided by the United States
to Cambodia and authorized or appropriated pursuant to this or any other
Act shall not be construed as a commitment by the United States to
Cambodia for its defense.''
22 USC 2412. Limitation on foreign assistance appropriations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Restrictions on appropriations in absence of or in excess of
prior authorizations
Notwithstanding any provision of law enacted before January 12, 1971,
no money appropriated for foreign assistance (including foreign military
sales) shall be available for obligation or expenditure --
(1) unless the appropriation thereof has been previously authorized
by law; or
(2) in excess of an amount previously prescribed by law.
(b) Exception
To the extent that legislation enacted after the making of an
appropriation for foreign assistance (including foreign military sales)
authorizes the obligation or expenditure thereof, the limitation
contained in subsection (a) of this section shall have no effect.
(c) Specific repeal or modification of section
The provisions of this section shall not be superseded except by a
provision of law enacted after January 12, 1971, which specifically
repeals or modifies the provisions of this section.
(Pub. L. 91-672, 10, Jan. 12, 1971, 84 Stat. 2055.)
Section was not enacted as part of Pub. L. 87-195, Sept. 4, 1961,
75 Stat. 424, known as the Foreign Assistance Act of 1961, which
comprises this chapter.
22 USC 2413. Changes in allocation of foreign assistance
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Notification by President to foreign country
Not later than thirty days after the enactment of any law
appropriating funds to carry out any provision of this chapter (other
than section 2261 or 2397 of this title) or the Arms Export Control Act
(22 U.S.C. 2751 et seq.), the President shall notify the Congress of
each foreign country and international organization to which the United
States Government intends to provide any portion of the funds under such
law and of the amount of funds under that law, by category of
assistance, that the United States Government intends to provide to
each.
(b) Application of provisions to continuing appropriations; waiver
of provisions
The provisions of this section shall not apply in the case of any law
making continuing appropriations and may not be waived under the
provisions of section 2364(a) of this title.
(Pub. L. 87-195, pt. III, 653, as added Pub. L. 92-226, pt. III,
304(b), Feb. 7, 1972, 86 Stat. 28, and amended Pub. L. 93-559, 21, Dec.
30, 1974, 88 Stat. 1801; Pub. L. 95-384, 10(b)(3), 12(c)(2), Sept. 26,
1978, 92 Stat. 735, 737; Pub. L. 99-83, title XII, 1209(b), Aug. 8,
1985, 99 Stat. 279.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsec. (a), is Pub. L.
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified
principally to chapter 39 ( 2751 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2751 of this title and Tables.
1985 -- Subsec. (a). Pub. L. 99-83, 1209(b)(1), inserted reference
to the Arms Export Control Act.
Subsecs. (b), (c). Pub. L. 99-83, 1209(b)(2), (3), redesignated
subsec. (c) as (b). Former subsec. (b), relating to report to
Congress prior to grant of assistance with excess funds, was struck out.
1978 -- Subsec. (b). Pub. L. 95-384 substituted in provisions
preceding par. (1) in two places and in par. (2) ''assistance under
part IV of subchapter II of this chapter'' for ''security supporting
assistance'' and in provisions preceding par. (1) in two places ''part
VI of subchapter II'' for ''subchapter IV'' and inserted in par. (2)
''or assistance under part VI of subchapter II of this chapter'' before
'', the President includes''.
1974 -- Subsec. (a). Pub. L. 93-559, 21(1), struck out provisions
limiting the military grant assistance or security supporting assistance
to any foreign country or international organization to an amount not
more than 10 percent of funds authorized under any law unless the
President determines that it would be in the security interests of the
United States to provide excess funds and reports to Congress the
identity of the recipient, the amount of excess funds provided, and the
justification for additional assistance. See subsec. (b) of this
section.
Subsecs. (b), (c). Pub. L. 93-559, 21(2), added subsec. (b) and
redesignated former subsec. (b) as (c).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Functions of President under this section, insofar as they relate to
part VIII of subchapter I of this chapter ( 2291 et seq. of this title)
and subchapter II of this chapter ( 2301 et seq. of this title)
delegated to Secretary of State, to be exercised in consultation with
Secretary of Defense (insofar as they relate to functions under this
chapter administered by Department of Defense) and Director of Office of
Management and Budget, by section 1-201(a)(17), (c) of Ex. Ord. No.
12163.
of this title.
22 USC 2414. Presidential findings and determinations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Report to Congress
In any case in which the President is required to make a report to
the Congress, or to any committee or officer of either House of
Congress, concerning any finding or determination under any provision of
this chapter, the Foreign Military Sales Act (22 U.S.C. 2751 et seq.),
or the Foreign Assistance and Related Programs Appropriation Act for
each fiscal year, that finding or determination shall be reduced to
writing and signed by the President.
(b) Action prohibition prior to execution of report
No action shall be taken pursuant to any such finding or
determination prior to the date on which that finding or determination
has been reduced to writing and signed by the President.
(c) Publication in Federal Register
Each such finding or determination shall be published in the Federal
Register as soon as practicable after it has been reduced to writing and
signed by the President. In any case in which the President concludes
that such publication would be harmful to the national security of the
United States, only a statement that a determination or finding has been
made by the President, including the name and section of the Act under
which it was made, shall be published.
(d) Information accessible to Congress prior to transmission of
report
No committee or officer of either House of Congress shall be denied
any requested information relating to any finding or determination which
the President is required to report to the Congress, or to any committee
or officer of either House of Congress, under any provision of this
chapter, the Foreign Military Sales Act (22 U.S.C. 2751 et seq.), or the
Foreign Assistance and Related Programs Appropriation Act for each
fiscal year, even though such report has not yet been transmitted to the
appropriate committee or officer of either House of Congress.
(Pub. L. 87-195, pt. III, 654, as added Pub. L. 92-226, pt. III,
304(b), Feb. 7, 1972, 86 Stat. 29.)
This chapter, referred to in subsecs. (a) and (d), was in the
original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat.
424, as amended, known as the Foreign Assistance Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
The Foreign Military Sales Act, referred to in subsecs. (a) and (d),
is Pub. L. 90-629, ch. 1, Oct. 22, 1968, 82 Stat. 1320, as amended,
known as the Arms Export Control Act, on authority of section 201(b) of
Pub. L. 94-329, title II, June 30, 1976, 90 Stat. 734, and is
classified principally to chapter 39 ( 2751 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2751 of this title and Tables.
Functions of President under this section delegated to heads of
agencies having responsibilities for carrying out provisions of this
chapter by section 1-601(a) of Ex. Ord. No. 12163, Sept. 29, 1979, 44
F.R. 56677, eff. Oct. 1, 1979, set out as a note under section 2381 of
this title, except that function under second sentence of subsec. (c)
of this section, with respect to publication in Federal Register of any
findings or determination reserved to President, provided that any
officer to whom there is delegated function of making any finding or
determination within purview of subsec. (a) of this section is also
authorized to reach conclusion specified in performance of any functions
delegated to him, by section 1-701(e)(4) of Ex. Ord. No. 12163 (44
F.R. 56677).
22 USC 2414a. Annual report to Congress on voting practices at United
Nations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) In general
Not later than March 31 of each year, the Secretary of State shall
transmit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a full and complete
annual report which assesses for the preceding calendar year, with
respect to each foreign country member of the United Nations, the voting
practices of the governments of such countries at the United Nations,
and which evaluates General Assembly and Security Council actions and
the responsiveness of those governments to United States policy on
issues of special importance to the United States.
(b) Information on voting practices in United Nations
Such report shall include, with respect to voting practices and
plenary actions in the United Nations during the preceding calendar
year, information to be compiled and supplied by the Permanent
Representative of the United States to the United Nations, consisting of
--
(1) an analysis and discussion, prepared in consultation with the
Secretary of State, of the extent to which member countries supported
United States policy objectives at the United Nations;
(2) an analysis and discussion, prepared in consultation with the
Secretary of State, of actions taken by the United Nations by consensus;
(3) with respect to plenary votes of the United Nations General
Assembly --
(A) a listing of all such votes on issues which directly affected
important United States interests and on which the United States lobbied
extensively and a brief description of the issues involved in each such
vote;
(B) a listing of the votes described in subparagraph (A) which
provides a comparison of the vote cast by each member country with the
vote cast by the United States;
(C) a country-by-country listing of votes described in subparagraph
(A); and
(D) a listing of votes described in subparagraph (A) displayed in
terms of United Nations regional caucus groups;
(4) a listing of all plenary votes cast by member countries of the
United Nations in the General Assembly which provides a comparison of
the votes cast by each member country with the vote cast by the United
States;
(5) an analysis and discussion, prepared in consultation with the
Secretary of State, of the extent to which other members supported
United States policy objectives in the Security Council and a separate
listing of all Security Council votes of each member country in
comparison with the United States; and
(6) a side-by-side comparison of agreement on important and overall
votes for each member country and the United States.
(c) Format
Information required pursuant to subsection (b)(3) of this section
shall also be submitted, together with an explanation of the statistical
methodology, in a format identical to that contained in chapter II of
the Report to Congress on Voting Practices in the United Nations, dated
March 14, 1988.
(d) Statement by Secretary of State
Each report under subsection (a) of this section shall contain a
statement by the Secretary of State discussing the measures which have
been taken to inform United States diplomatic missions of United Nations
General Assembly and Security Council activities.
(e) Omitted
(Pub. L. 101-246, title IV, 406, Feb. 16, 1990, 104 Stat. 66.)
Section is comprised of section 406 of Pub. L. 101-246. Subsec. (e)
of section 406 of Pub. L. 101-246 repealed provisions contained in
prior appropriation acts which had been formerly set out as this
section. See Similar Provisions note below.
Section was enacted as part of the appropriation act cited as the
credit to this section, and not as part of the Foreign Assistance Act of
1961 which comprises this chapter.
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 101-167, title V, 527, Nov. 21, 1989, 103 Stat. 1223.
Pub. L. 100-461, title V, 527, Oct. 1, 1988, 102 Stat. 2268-26;
repealed by Pub. L. 101-167, title V, 527(e)(6), Nov. 21, 1989, 103
Stat. 1224, and Pub. L. 101-246, title IV, 406(e)(5), Feb. 16, 1990,
104 Stat. 67.
Pub. L. 100-202, 101(e) (title V, 528), Dec. 22, 1987, 101 Stat.
1329-131, 1329-158; repealed by Pub. L. 101-167, title V, 527(e)(5),
Nov. 21, 1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, 406(
e)(4), Feb. 16, 1990, 104 Stat. 67.
Pub. L. 99-500, 101(f) (title V, 528), Oct. 18, 1986, 100 Stat.
1783-213, 1783-230, and Pub. L. 99-591, 101(f) (title V, 528), Oct.
30, 1986, 100 Stat. 3341-214, 3341-230; repealed by Pub. L. 101-167,
title V, 527(e)(4), Nov. 21, 1989, 103 Stat. 1224, and Pub. L.
101-246, title IV, 406(e)(3), Feb. 16, 1990, 104 Stat. 67.
Pub. L. 99-190, 101(i) (title V, 529), Dec. 19, 1985, 99 Stat.
1291, 1307; repealed by Pub. L. 101-167, title V, 527(e)(3), Nov. 21,
1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, 406(e)(2), Feb.
16, 1990, 104 Stat. 67.
Pub. L. 98-473, title I, 101(1)(title V, 530), Oct. 12, 1984, 98
Stat. 1884, 1900; repealed by Pub. L. 101-167, title V, 527(e)(2),
Nov. 21, 1989, 103 Stat. 1224.
Pub. L. 98-151, 101(b)(1), Nov. 14, 1983, 97 Stat. 967; repealed
by Pub. L. 101-167, title V, 527(e)(1), Nov. 21, 1989, 103 Stat.
1224, and Pub. L. 101-246, title IV, 406(e)(1), Feb. 16, 1990, 104
Stat. 67.
22 USC 2415, 2416. Repealed. Pub. L. 95-424, title VI, 604, Oct. 6,
1978, 92 Stat. 961
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section 2415, Pub. L. 87-195, pt. III, 655, as added Pub. L.
92-226, pt. III, 304(b), Feb. 7, 1972, 86 Stat. 29, and amended Pub.
L. 93-559, 39(a), Dec. 30, 1974, 88 Stat. 1810; Pub. L. 94-329, title
IV, 413(a), June 30, 1976, 90 Stat. 761, related to limitation in
amounts to be expended for assistance to Cambodia.
Section 2416, Pub. L. 87-195, pt. III, 656, as added Pub. L.
92-226, pt. III, 304(b), Feb. 7, 1972, 86 Stat. 30, and amended Pub.
L. 93-559, 39(b), Dec. 30, 1974, 88 Stat. 1810; Pub. L. 94-329, title
IV, 413(a), June 30, 1976, 90 Stat. 761, related to limitation on
number of United States personnel in Cambodia.
Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section 2151
of this title.
Commitment for Defense
Pub. L. 93-559, 39(c)-(f), Dec. 30, 1974, 88 Stat. 1810, providing
for the allocation of $100,000,000 for the relief and reconstruction of
Cambodia, was repealed by Pub. L. 94-329, title IV, 413(a), June 30,
1976, 90 Stat. 761.
22 USC 2417. Repealed. Pub. L. 97-113, title VII, 734(a)(1), Dec. 29,
1981, 95 Stat. 1560
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 657, as added Pub. L. 95-384,
14, Sept. 26, 1978, 92 Stat. 739, required annual Presidential reports
for fiscal year ending previous Sept. 30 respecting military
assistance, military education and training assistance, foreign military
sales, and commercial military sales. See sections 2394 and 2765 of this
title.
A prior section 2417, Pub. L. 87-195, pt. III, 657, as added Pub.
L. 92-226, pt. III, 304(b), Feb. 7, 1972, 86 Stat. 30, and amended
Pub. L. 93-189, 23, Dec. 17, 1973, 87 Stat. 726; Pub. L. 94-273, 5(
2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-329, title II, 216, June
30, 1976, 90 Stat. 747, relating to an annual report by the President
to Congress showing the dollar value of foreign assistance including
military sales, education and training, was repealed by Pub. L. 95-424,
title V, 502(d)(1), Oct. 6, 1978, 92 Stat. 959, effective Oct. 1,
1978.
22 USC 2418. Repealed. Pub. L. 95-424, title VI, 604, Oct. 6, 1978, 92
Stat. 961
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 658, as added Pub. L. 92-226,
pt. III, 304(b), Feb. 7, 1972, 86 Stat. 32, related to certification
by the Comptroller General of the release of previously impounded funds
prior to the expenditure of funds appropriated to carry out the purposes
of this chapter.
Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section 2151
of this title.
22 USC 2419. Repealed. Pub. L. 97-113, title VII, 734(a)(1), Dec. 29,
1981, 95 Stat. 1560
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 659, as added Pub. L. 93-559,
29(a), Dec. 30, 1974, 88 Stat. 1803, prohibited aid to any country
containing a military base constructed, maintained, or used by the
United States if access to such base was denied unduly to bona fide
media correspondents of the United States by the country in question.
22 USC 2420. Police training prohibition
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Effective date of prohibition
On and after July 1, 1975, none of the funds made available to carry
out this chapter, and none of the local currencies generated under this
chapter, shall be used to provide training or advice, or provide any
financial support, for police, prisons, or other law enforcement forces
for any foreign government or any program of internal intelligence or
surveillance on behalf of any foreign government within the United
States or abroad.
(b) Exception; qualification
Subsection (a) of this section shall not apply --
(1) with respect to assistance rendered under section 3763(c) /1/
of title 42, with respect to any authority of the Drug Enforcement
Administration or the Federal Bureau of Investigation which relates to
crimes of the nature which are unlawful under the laws of the United
States, or with respect to assistance authorized under section 2291a of
this title;
(2) to any contract entered into prior to December 30, 1974, with any
person, organization, or agency of the United States Government to
provide personnel to conduct, or assist in conducting, any such program;
(3) with respect to assistance, including training, in maritime law
enforcement and other maritime skills; or
(4) with respect to assistance provided to police forces in
connection with their participation in the regional security system of
the Eastern Caribbean states.
Notwithstanding clause (2), subsection (a) of this section shall
apply to any renewal or extension of any contract referred to in such
paragraph entered into on or after December 30, 1974.
(c) Country with longstanding democratic tradition, etc.
Subsection (a) of this section shall not apply with respect to a
country which has a longstanding democratic tradition, does not have
standing armed forces, and does not engage in a consistent pattern of
gross violations of internationally recognized human rights.
(d) Assistance to Honduras or El Salvador
Notwithstanding the prohibition contained in subsection (a) of this
section assistance may be provided to Honduras or El Salvador for fiscal
years 1986 and 1987 if, at least 30 days before providing assistance,
the President notifies the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate, in
accordance with the procedures applicable to reprogramming notifications
pursuant to section 2394-1 of this title, that he has determined that
the government of the recipient country has made significant progress,
during the preceding six months, in eliminating any human rights
violations including torture, incommunicado detention, detention of
persons solely for the nonviolent expression of their political views,
or prolonged detention without trial. Any such notification shall
include a full description of the assistance which is proposed to be
provided and of the purposes to which it is to be directed.
(Pub. L. 87-195, pt. III, 660, as added Pub. L. 93-559, 30(a), Dec.
30, 1974, 88 Stat. 1803, and amended Pub. L. 99-83, title I, 127( b),
title VII, 711, Aug. 8, 1985, 99 Stat. 205, 243; Pub. L. 101-513, title
V, 594, Nov. 5, 1990, 104 Stat. 2060.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Section 3763(c) of title 42, referred to in subsec. (b)(1), was in
the original section 515(c) of the Omnibus Crime Control and Safe
Streets Act of 1968 (title I of Pub. L. 90-351, June 19, 1968, 82 Stat.
207). Section 515 was omitted in the general revision of title I of Pub.
L. 90-351 by Pub. L. 96-157, 2, Dec. 27, 1979, 93 Stat. 1167.
1990 -- Subsec. (b)(4). Pub. L. 101-513, which directed the
amendment of this section by adding par. (4) at ''the end of the
subsection'', was executed by adding par. (4) after par. (3) in
subsec. (b) to reflect the probable intent of Congress.
1985 -- Subsec. (b)(3). Pub. L. 99-83, 127(b), added par. (3).
Subsecs. (c), (d). Pub. L. 99-83, 711, added subsecs. (c) and (d).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Determination of the President of the United States, No. 86-2, Oct.
29, 1985, 50 F.R. 48073, provided:
Memorandum for the Honorable George P. Shultz, the Secretary of
State
Pursuant to Section 660(d) of the Foreign Assistance Act of 1961, as
amended (22 U.S.C. 2420(d)), I hereby determine that the Government of
El Salvador has made significant progress, during the six month period
preceding this determination, in eliminating any human rights violations
including torture, incommunicado detention, detention of persons solely
for the non-violent expression of their political views, or prolonged
detention without trial.
You are requested to report this determination to the Congress
immediately, together with a full description of the assistance to be
provided and of the purposes to which it is to be directed. None of the
assistance so provided shall be furnished until 30 days after such a
report has been made, as required by law.
I hereby delegate to the Secretary of State authority to make such
determinations and reports as called for in the future under Section
660(d).
This determination shall be published in the Federal Register.
Ronald Reagan.
/1/ See References in Text note below.
22 USC 2421. Trade and development program
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authority of President; uses of funds
The President is authorized to work with friendly countries,
especially those in which United States development programs have been
concluded or those not receiving assistance under subchapter I of this
chapter, in (1) facilitating open and fair access to natural resources
of interest to the United States and (2) stimulation of reimbursable aid
programs consistent with subchapter I of this chapter. Funds under this
section may be used to provide support for project planning,
development, management, and procurement for both bilateral and
multilateral projects, including training activities undertaken in
connection with a project, for the purpose of promoting the use of
United States exports in such projects. Any funds used for purposes of
this section may be used notwithstanding any other provision of this
chapter.
(b) Establishment as separate agency; appointment of Director;
functions; cooperation of Federal departments and agencies; annual
report to Congressional committees
(1) The purposes of this section shall be carried out by the Trade
and Development Program, which shall be a separate component agency of
the International Development Cooperation Agency. The Trade and
Development Program shall not be an agency within the Agency for
International Development or any other component agency of the
International Development Cooperation Agency.
(2) There shall be at the head of the Trade and Development Program a
Director. Any individual appointed as the Director on or after January
1, 1989, shall be appointed by the President, by and with the advice and
consent of the Senate.
(3) The Trade and Development Program should serve as the primary
Federal agency to provide information to persons in the private sector
concerning trade development and export promotion related to bilateral
development projects. The Trade and Development Program shall cooperate
with the Office of International Major Projects of the Department of
Commerce in providing information to persons in the private sector
concerning trade development and export promotion related to
multilateral development projects. Other Federal departments and
agencies shall cooperate with the Trade and Development Program in order
for the Program to more effectively provide informational services in
accordance with this paragraph.
(4) The Director of the Trade and Development Program shall, not
later than December 31 of each year, submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report on the activities of the Trade and
Development Program in the preceding fiscal year.
(c) Advisory board; representation of private sector
The Director of the Trade and Development Program shall, by
regulation, establish an advisory board which shall include
representatives of the private sector. The purpose of the advisory
board shall be to make recommendations to the Director with respect to
the Trade and Development Program.
(d) Authorization of appropriations
There are authorized to be appropriated to the President for purposes
of this section, in addition to funds otherwise available for such
purposes, $20,000,000 for fiscal year 1986 and $20,000,000 for fiscal
year 1987. Amounts appropriated under this subsection are authorized to
remain available until expended.
(Pub. L. 87-195, pt. III, 661, as added Pub. L. 93-559, 31, Dec. 30,
1974, 88 Stat. 1804, and amended Pub. L. 94-161, title III, 316, Dec.
20, 1975, 89 Stat. 867; Pub. L. 95-88, title I, 128, Aug. 3, 1977, 91
Stat. 543; Pub. L. 95-424, title I, 121, Oct. 6, 1978, 92 Stat. 954;
Pub. L. 96-53, title I, 119, Aug. 14, 1979, 93 Stat. 365; Pub. L.
96-533, title III, 311, Dec. 16, 1980, 94 Stat. 3148; Pub. L. 97-113,
title III, 312, Dec. 29, 1981, 95 Stat. 1536; Pub. L. 99-83, title IV,
405, Aug. 8, 1985, 99 Stat. 219; Pub. L. 100-418, title II, 2204(b)(
1), (2), Aug. 23, 1988, 102 Stat. 1329.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
1988 -- Subsec. (a). Pub. L. 100-418, 2204(b)(1), inserted sentence
providing for use of funds for project planning, development,
management, and procurement for bilateral and multilateral projects, for
purpose of promoting use of United States exports in such projects.
Subsecs. (b) to (d). Pub. L. 100-418, 2204(b)(2), added subsecs.
(b) and (c) and redesignated former subsec. (b) as (d).
1985 -- Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally,
substituting provisions authorizing appropriations of $20,000,000 for
fiscal years 1986 and 1987, for provisions authorizing appropriations of
$6,907,000 for fiscal years 1982 and 1983.
1981 -- Pub. L. 97-113, 312(b), designated existing provisions as
subsec. (a), struck out provision for use of $4,000,000 of funds made
available for fiscal year 1981 for purposes of this chapter, and added
subsec. (b).
1980 -- Pub. L. 96-533 substituted authorization for use of
$4,000,000 of available funds for fiscal year 1981 for such
authorization for use of $3,800,000 of available funds for fiscal year
1980 for reimbursable development programs.
1979 -- Pub. L. 96-53 substituted ''$3,800,000'' for ''$3,000,000''
and ''1980'' for ''1979''.
1978 -- Pub. L. 95-424 substituted ''$3,000,000 of the funds made
available for the purposes of this chapter for the fiscal year 1979''
for ''$2,000,000 of the funds made available for the purposes of this
chapter. In the fiscal year 1977 and $2,000,000 of the funds made
available for the purposes of this chapter in the fiscal year 1978,''.
1977 -- Pub. L. 95-88 struck out provisions authorizing the
President to use up to $1,000,000 of the funds made available for the
purposes of this chapter in the fiscal year 1975 and $2,000,000 in the
fiscal year 1976, and inserted provisions authorizing the President to
use $2,000,000 of the funds made available for the purposes of this
chapter in the fiscal year 1978.
1975 -- Pub. L. 94-161 increased usable funds in fiscal year 1976 to
$2,000,000 from $1,000,000 and authorized use of $2,000,000 in fiscal
year 1977.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this
title.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Functions of President under this section delegated and funds
available under this chapter allocated to Director of United States
International Development Cooperation Agency, with certain exceptions,
by sections 1-102(a)(1), (e) and 1-801(a) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,
Government Organization and Employees.
Pub. L. 101-179, title III, 305, Nov. 28, 1989, 103 Stat. 1314,
provided that: ''In order to permit expansion of the Trade and
Development Program into Poland and Hungary, there are authorized to be
appropriated $6,000,000 for the 3-year period beginning October 1, 1989,
to carry out section 661 of the Foreign Assistance Act of 1961 (22
U.S.C. 2241) (22 U.S.C. 2421), in addition to amounts otherwise
available for such purpose.''
Section 2204(a) of Pub. L. 100-418 provided that: ''The Congress
reaffirms its support for the Trade and Development Program, and
believes that the Program's ability to support high priority development
projects in developing countries would be enhanced by an increase in the
funds authorized for the Program as well as by a clarification of the
Program's status as a separate component of the International
Development Cooperation Agency.''
22 USC 2422. Repealed. Pub. L. 102-88, title VI, 601, Aug. 14, 1991,
105 Stat. 441
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 662, as added Pub. L. 93-559,
32, Dec. 30, 1974, 88 Stat. 1804, and amended Pub. L. 96-450, title
IV, 407(a), Oct. 14, 1980, 94 Stat. 1981, prohibited funding of
activities of the Central Intelligence Agency, other than intelligence
gathering, without Presidential finding of importance to national
security of United States and defined such activities as significant
anticipated intelligence activities for purpose of section 413 of Title
50, War and National Defense. See section 414 of Title 50.
22 USC 2423. Exchanges of certain materials
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Agreement for necessary or strategic raw material; definition
Notwithstanding any other provision of law, whenever the President
determines it is in the United States national interest, he shall
furnish assistance under this chapter or shall furnish defense articles
or services under the Foreign Military Sales Act (22 U.S.C. 2751 et.
seq.), pursuant to an agreement with the recipient of such assistance,
articles, or services which provides that such recipient may only obtain
such assistance, articles, or services in exchange for any necessary or
strategic raw material controlled by such recipient. For the purposes of
this section, the term ''necessary or strategic raw material'' includes
petroleum, other fossil fuels, metals, minerals, or any other natural
substance which the President determines is in short supply in the
United States.
(b) Allocation of raw materials to Federal agencies
The President shall allocate any necessary or strategic raw material
transferred to the United States under this section to any appropriate
agency of the United States Government for stockpiling, sale, transfer,
disposal, or any other purpose authorized by law.
(c) Deposits in United States Treasury of funds from disposal of
materials
Funds received from any disposal of materials under subsection (b) of
this section shall be deposited as miscellaneous receipts in the United
States Treasury.
(Pub. L. 87-195, pt. III, 663, as added Pub. L. 93-559, 32, Dec. 30,
1974, 88 Stat. 1805.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
The Foreign Military Sales Act, referred to in subsec. (a), is Pub.
L. 90-629, ch. 1, Oct. 22, 1968, 82 Stat. 1320, as amended, known as
the Arms Export Control Act, on authority of section 201(b) of Pub. L.
94-329, title II, June 30, 1976, 90 Stat. 734, and is classified
principally to chapter 39 ( 2751 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2751 of this title and Tables.
22 USC 2424. Repealed. Pub. L. 95-88, title I, 123(c), Aug. 3, 1977,
91 Stat. 541
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 664, as added Pub. L. 93-559,
33, Dec. 30, 1974, 88 Stat. 1805, authorized the President to waive
provisions which prohibited assistance to countries trading with
designated countries.
22 USC 2425. Repealed. Pub. L. 95-424, title VI, 604, Oct. 6, 1978, 92
Stat. 961
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 665, as added Pub. L. 94-161,
title III, 317, Dec. 20, 1975, 89 Stat. 867, authorized appropriations
for the interim period July 1, 1976 through Sept. 30, 1976 of such
amounts as were necessary to conduct programs for which funding was
authorized for fiscal year 1976 by the International Development and
Food Assistance Act of 1975 provided the total amount authorized not
exceed one-fourth of the total authorized for fiscal year 1976 for such
programs and activities.
Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section 2151
of this title.
22 USC 2426. Discrimination against United States personnel
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Assignment of personnel on basis of ability and experience
The President shall not take into account, in assigning officers and
employees of the United States to carry out any economic development
assistance programs funded under this chapter in any foreign country,
the race, religion, national origin, or sex of any such officer or
employee. Such assignments shall be made solely on the basis of ability
and relevant experience.
(b) Prohibition on use of funds in country practicing discrimination
Effective six months after December 20, 1975, or on such earlier date
as the President may determine, none of the funds made available under
this chapter may be used to provide economic development assistance to
any country which objects to the presence of any officer or employee of
the United States who is present in such country for the purpose of
carrying out any program of economic development assistance authorized
by the provisions of this chapter on the basis of the race, religion,
national origin, or sex of such officer or employee.
(c) Rules and regulations
The Secretary of State shall promulgate such rules and regulations as
he may deem necessary to carry out the provisions of this section.
(Pub. L. 87-195, pt. III, 666, as added Pub. L. 94-161, title III,
318, Dec. 20, 1975, 89 Stat. 868.)
This chapter, referred to in subsecs. (a) and (b), was in the
original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat.
424, as amended, known as the Foreign Assistance Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
Functions of President under this section delegated to Director of
United States International Development Cooperation Agency, to be
exercised in consultation with Secretary of State, with certain
exceptions, by section 1-102(a)(1), (e) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under section
2381 of this title.
22 USC 2427. Operating expenses
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization of appropriations
There are authorized to be appropriated to the President, in addition
to funds otherwise available for such purposes --
(1) $387,000,000 for fiscal year 1986 and $387,000,000 for fiscal
year 1987 for necessary operating expenses of the agency primarily
responsible for administering subchapter I of this chapter, of which
$21,750,000 for the fiscal year 1987 is authorized for the necessary
operating expenses of the Office of the Inspector General of the Agency
for International Development and the remaining amount for the fiscal
year is authorized for other necessary operating expenses of that
agency; and
(2) such amounts as may be necessary for increases in salary, pay,
retirement, and other employee benefits authorized by law, and for other
nondiscretionary costs of such agency.
(b) Continuing availability of funds
Amounts appropriated under this section are authorized to remain
available until expended.
(Pub. L. 87-195, pt. III, 667, as added Pub. L. 94-161, title III,
319, Dec. 20, 1975, 89 Stat. 868, and amended Pub. L. 95-88, title I,
129(a), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95-424, title V, 506, Oct.
6, 1978, 92 Stat. 960; Pub. L. 96-53, title I, 120, Aug. 14, 1979, 93
Stat. 365; Pub. L. 96-533, title VII, 709, Dec. 16, 1980, 94 Stat.
3159; Pub. L. 97-113, title VII, 706, Dec. 29, 1981, 95 Stat. 1545;
Pub. L. 99-83, title IV, 406, Aug. 8, 1985, 99 Stat. 219; Pub. L.
99-529, title IV, 402, Oct. 24, 1986, 100 Stat. 3019.)
of Subchapter II
References to subchapter I of this chapter are deemed to include
parts IV ( 2346 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa et seq.)
of subchapter II of this chapter, and references to subchapter II are
deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
set out as a note under section 2346 of this title, and sections 2348c
and 2349aa-5 of this title.
1986 -- Subsec. (a)(1). Pub. L. 99-529 inserted '', of which
$21,750,000 for the fiscal year 1987 is authorized for the necessary
operating expenses of the Office of the Inspector General of the Agency
for International Development and the remaining amount for the fiscal
year is authorized for other necessary operating expenses of that
agency''.
1985 -- Subsec. (a)(1). Pub. L. 99-83 amended par. (1) generally,
substituting provisions authorizing appropriations of $387,000,000 for
fiscal years 1986 and 1987, for provisions authorizing appropriations of
$335,600,000 for fiscal years 1982 and 1983.
1981 -- Subsec. (a). Pub. L. 97-113 struck out from provision
preceding par. (1) '', for the fiscal year 1981'' after ''for such
purposes'' and substituted in par. (1) ''$335,600,000 for the fiscal
year 1982 and $335,600,000 for the fiscal year 1983'' for
''$293,800,000''.
1980 -- Subsec. (a). Pub. L. 96-533 substituted in provisions
preceding par. (1) ''1981'' for ''1980'' and in par. (1)
''$293,800,000'' for ''$263,000,000''.
1979 -- Subsec. (a). Pub. L. 96-53 substituted in provisions
preceding par. (1) ''1980'' for ''1979'' and in par. (1)
''$263,000,000'' for ''$261,000,000''.
1978 -- Subsec. (a). Pub. L. 95-424 substituted in provisions
preceding par. (1) ''1979'' for ''1978'' and in par. (1)
''$261,000,000'' for ''$220,200,000''.
1977 -- Pub. L. 95-88 substituted provisions authorizing
appropriations for fiscal year 1978 for provisions stating that nothing
in this chapter was intended to preclude the Committees on
Appropriations from setting a ceiling on operating expenses of the
agency primarily responsible for administering subchapter I of this
chapter or limiting the availability of other sums therefor.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this
title.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of this title.
Funds available to President for carrying out this chapter, with
specified exceptions, allocated to Director of United States
International Development Cooperation Agency by section 1-801(a) of Ex.
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56678, eff. Oct. 1, 1979, set
out as a note under section 2381 of this title.
22 USC 2428. Repealed. Pub. L. 97-113, title VII, 734(a)(1), Dec. 29,
1981, 95 Stat. 1560
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 668, as added Pub. L. 94-329,
title IV, 411, June 30, 1976, 90 Stat. 760, required annual reports
respecting the Republic of Korea's armed forces modernization and
self-sufficiency program, the role of the United States in the security
of the Republic of Korea, and prospects for a withdrawal of United
States forces from the country. See section 2375 of this title.
22 USC 2428a. Congressional declaration of policy toward Korea;
transmittal of report to Speaker of the House and Congressional
committees
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The Congress declares that --
(1) United States policy toward Korea should continue to be arrived
at by joint decision of the President and the Congress;
(2) in any implementation of the President's policy of gradual and
phased reduction of United States ground forces from the Republic of
Korea, the United States should seek to accomplish such reduction in
stages consistent with United States interests in Asia, notably Japan,
and with the security interests of the Republic of Korea;
(3) any implementation of this policy should be carried out with a
careful regard to the interest of the United States in continuing its
close relationship with the people and government of Japan, in fostering
democratic practices in the Republic of Korea, and in maintaining stable
relations among the countries of East Asia; and
(4) these interests can be served most effectively by a policy which
involves consultations by the United States Government, as appropriate,
with the governments of the region, particularly those directly
involved.
(b)(1) Any implementation of the foregoing policy shall be carried
out in regular consultation with the Congress.
(2) Not later than February 15, 1978, and not later than February 15
of each year thereafter until any such withdrawal is completed, the
President shall transmit a report in writing to the Speaker of the House
of Representatives and the Committees on Foreign Relations, Armed
Services, and Intelligence of the Senate assessing the implementation of
the foregoing policy.
(Pub. L. 95-105, title V, 512, Aug. 17, 1977, 91 Stat. 861.)
Section was enacted as part of the Foreign Relations Authorization
Act, Fiscal Year 1978, and not as part of the Foreign Assistance Act of
1961 which comprises this chapter.
22 USC 2428b. Special security assistance for modernization of Armed
Forces of Korea
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Transfer authority of President of defense articles and services
located in Korea; applicable terms and conditions; reimbursement
(1) The President is authorized until December 31, 1982 --
(A) to transfer, without reimbursement, to the Republic of Korea,
only in conjunction with the withdrawal of the 2d Infantry Division and
support forces from Korea, such United States Government-owned defense
articles as he may determine which are located in Korea in the custody
of units of the United States Army scheduled to depart from Korea; and
(B) to furnish to the Republic of Korea, without reimbursement,
defense services (including technical and operational training) in Korea
directly related to the United States Government-owned defense articles
transferred to the Republic of Korea under this subsection.
(2) Any transfer under the authority of this section shall be made in
accordance with all the terms and conditions of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.) applicable to the furnishing of
defense articles and defense services under chapter 2 of part II of that
Act (22 U.S.C. 2311 et seq.), except that no funds heretofore or
hereafter appropriated under that Act shall be available to reimburse
any agency of the United States Government for any such transfer or
related services.
(b) Additional transfer authority of President of defense articles
located outside of Korea; prerequisites for determinations respecting
transfers; report by President to Congress of determinations
In order that transfers of defense articles under subsection (a) of
this section will not cause significant adverse impact on the readiness
of the Armed Forces of the United States, the President is authorized,
in lieu of such transfers, to transfer additional defense articles from
the stocks of the Department of Defense, wherever located, to the
Republic of Korea to compensate for the military capability of defense
articles withdrawn from Korea in any case where he determines that --
(1) the transfer of specific defense articles located in Korea would
have a significant adverse impact on the readiness of the United States
Armed Forces;
(2) the defense capability provided by those defense articles is
needed by the Armed Forces of the Republic of Korea in order to maintain
the military balance on the Korean peninsula; and
(3) a comparable defense capability could be provided by less
advanced defense articles in the stocks of the Department of Defense
which could be transferred without significant adverse impact on the
readiness of the United States Armed Forces.
The President shall report to the Congress each determination made
under this subsection prior to the transfer of the defense articles
described in such determination.
(c) Report by President to Congress of types, etc., of transferred
defense articles
The President shall transmit to the Congress, together with the
presentation materials for security assistance programs proposed for
each fiscal year through and including the fiscal year 1983, a report
describing the types, quantities, and value of defense articles
furnished or intended to be furnished to the Republic of Korea under
this section.
(d) Repealed. Pub. L. 97-113, title VII, 734(a)(12), Dec. 29, 1981,
95 Stat. 1560
(e) Congressional policy respecting further troop withdrawals
(1) It is the sense of the Congress that further withdrawal of ground
forces of the United States from the Republic of Korea may seriously
risk upsetting the military balance in that region and requires full
advance consultation with the Congress.
(2) Repealed. Pub. L. 97-113, title VII, 734(a)(12), Dec. 29, 1981,
95 Stat. 1560.
(Pub. L. 95-384, 23, Sept. 26, 1978, 92 Stat. 743; Pub. L. 97-113,
title VII, 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.)
The Foreign Assistance Act of 1961, referred to in subsec. (a)(2), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is
classified principally to this chapter ( 2151 et seq.). Chapter 2 of
part II of that Act is classified generally to part II ( 2311 et seq.)
of subchapter II of this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 2151 of this
title and Tables.
Section was enacted as part of the International Security Assistance
Act of 1978, and not as part of the Foreign Assistance Act of 1961 which
comprises this chapter.
1981 -- Subsec. (d). Pub. L. 97-113 struck out subsec. (d) which
required Presidential reports to Congress respecting viability of troop
withdrawals from Korea.
Subsec. (e)(2). Pub. L. 97-113 struck out par. (2) which required
Presidential reports to Congress respecting effect of further troop
withdrawals from Korea.
22 USC 2429. Nuclear enrichment transfers by or to recipients of
economic, military or security supporting, etc., assistance from United
States; prohibitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Prohibitions; safeguards and management
Except as provided in subsection (b) of this section, no funds
authorized to be appropriated by this chapter or the Arms Export Control
Act (22 U.S.C. 2751 et seq.) may be used for the purpose of providing
economic assistance (including assistance under part IV of subchapter II
of this chapter), providing military assistance or grant military
education and training, providing assistance under part VI of subchapter
II of this chapter, or extending military credits or making guarantees,
to any country which, on or after August 4, 1977, delivers nuclear
enrichment equipment, materials, or technology to any other country, or
receives such equipment, materials, or technology from any other
country, unless before such delivery --
(1) the supplying country and receiving country have reached
agreement to place all such equipment, materials, or technology, upon
delivery, under multilateral auspices and management when available;
and
(2) the recipient country has entered into an agreement with the
International Atomic Energy Agency to place all such equipment,
materials, technology, and all nuclear fuel and facilities in such
country under the safeguards system of such Agency.
(b) Certification by President of necessity of continued assistance;
concurrent resolution of disapproval by Congress
(1) Notwithstanding subsection (a) of this section, the President may
furnish assistance which would otherwise be prohibited under such
subsection if he determines and certifies in writing to the Speaker of
the House of Representatives and the Committee on Foreign Relations of
the Senate that --
(A) the termination of such assistance would have a serious adverse
effect on vital United States interests; and
(B) he has received reliable assurances that the country in question
will not acquire or develop nuclear weapons or assist other nations in
doing so.
Such certification shall set forth the reasons supporting such
determination in each particular case.
(2)(A) A certification under paragraph (1) of this subsection shall
take effect on the date on which the certification is received by the
Congress. However, if, within thirty calendar days after receiving this
certification, the Congress adopts a concurrent resolution stating in
substance that the Congress disapproves the furnishing of assistance
pursuant to the certification, then upon the adoption of that resolution
the certification shall cease to be effective and all deliveries of
assistance furnished under the authority of that certification shall be
suspended immediately.
(B) Any concurrent resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976.
(C) For the purpose of expediting the consideration and adoption of
concurrent resolutions under this paragraph, a motion to proceed to the
consideration of any such resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in the House
of Representatives.
(Pub. L. 87-195, pt. III, 669, as added Pub. L. 94-329, title III,
305, June 30, 1976, 90 Stat. 755, and amended Pub. L. 95-92, 12, Aug.
4, 1977, 91 Stat. 620; Pub. L. 95-384, 10(b)(4), 12(c)(3), Sept. 26,
1978, 92 Stat. 735, 737; Pub. L. 97-113, title VII, 737(b), Dec. 29,
1981, 95 Stat. 1562.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsec. (a), is Pub. L.
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified
principally to chapter 39 ( 2751 et seq.) of this titld. For complete
classification of this Act to the Code, see Short Title note set out
under section 2751 of this title and Tables.
Section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976, referred to in subsec. (b)(2)(B), is
section 601(b) of Pub. L. 94-329, title VI, June 30, 1976, 90 Stat.
765, which made provision for expedited procedures in the Senate, and is
not classified to the Code.
1981 -- Subsec. (b)(2). Pub. L. 97-113 substituted provision
directing that the certification under par. (1) of this subsection be
effective upon receipt, but if the Congress adopts a concurrent
resolution within 30 calendar days after receipt disapproving the
furnishing of assistance, the certification cease to be effective and
all deliveries of assistance suspended, any concurrent resolution be
considered by the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976, and, for the purpose of expediting consideration and
adoption of such concurrent resolution, a motion to proceed to
consideration be treated as highly privileged in the House of
Representatives for provision that any joint resolution that would
terminate or restrict assistance described in subsec. (a) of this
section with respect to a country to which the prohibition of such
subsection applies, if introduced within 30 days after transmittal of
the certification under par. (1) of this subsection, be considered in
the Senate in accordance with section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976.
1978 -- Subsec. (a). Pub. L. 95-384, in provisions preceding par.
(1), inserted ''(including assistance under part IV of subchapter II of
this chapter)'' after ''economic assistance'', ''providing assistance
under part VI of subchapter II of this chapter'' after ''education and
training,'', and struck out ''or security supporting'' after ''providing
military''.
1977 -- Subsec. (a). Pub. L. 95-92 inserted provision for
applicability to transfers on or after Aug. 4, 1977, and struck out
applicability to nuclear reprocessing equipment, materials, or
technology.
Subsec. (b). Pub. L. 95-92 in par. (1) struck out requirement that
the President issue an Executive order effective not less than 30 days
following its date of promulgation prior to furnishing assistance, and
in par. (2) redesignated former subpar. (B) as existing par. with
minor changes in phraseology and struck out subpar. (A) which
authorized the Congress by joint resolution to terminate or restrict
assistance under subsec. (a) of this section.
Pub. L. 95-238, title II, 203, Feb. 25, 1978, 92 Stat. 59, required
the Secretary of Energy, in cooperation with the Secretary of State to
report to the Committees on International Relations and Science and
Technology of the House of Representatives and the Committees on Energy
and Natural Resources and Foreign Relations of the Senate, within six
months of Feb. 25, 1978, on the effects of the Presidential message of
Apr. 20, 1977 concerning nuclear non-proliferation on nuclear research
and development cooperative agreements.
22 USC 2429a. Nuclear reprocessing transfers, illegal exports for
nuclear expolosive devices, transfers of nuclear explosive devices, and
nuclear detonations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Prohibitions on assistance to countries involved in transfer of
nuclear reprocessing equipment, materials, or technology; exceptions;
procedures applicable
(1) Except as provided in paragraph (2) of this subsection, no funds
authorized to be appropriated by this chapter or the Arms Export Control
Act (22 U.S.C. 2751 et seq.) may be used for the purpose of providing
economic assistance (including assistance under part IV of subchapter II
of this chapter), providing military assistance or grant military
education and training, providing assistance under part VI of subchapter
II of this chapter, or extending military credits or making guarantees,
to any country which (A) on or after August 4, 1977, delivers nuclear
reprocessing equipment, materials, or technology to any other country or
receives such equipment, materials, or technology from any other country
(except for the transfer of reprocessing technology associated with the
investigation, under international evaluation programs in which the
United States participates, of technologies which are alternatives to
pure plutonium reprocessing), or (B) is a non-nuclear-weapon state
which, on or after August 8, 1985, exports illegally (or attempts to
export illegally) from the United States any material, equipment, or
technology which would contribute significantly to the ability of such
country to manufacture a nuclear explosive device, if the President
determines that the material, equipment, or technology was to be used by
such country in the manufacture of a nuclear explosive device. For
purposes of clause (B), an export (or attempted export) by a person who
is an agent of, or is otherwise acting on behalf of or in the interests
of, a country shall be considered to be an export (or attempted export)
by that country.
(2) Notwithstanding paragraph (1) of this subsection, the President
may furnish assistance which would otherwise be prohibited under that
paragraph if he determines and certifies in writing to the Speaker of
the House of Representatives and the Committee on Foreign Relations of
the Senate that the termination of such assistance would be seriously
prejudicial to the achievement of United States nonproliferation
objectives or otherwise jeopardize the common defense and security. The
President shall transmit with such certification a statement setting
forth the specific reasons therefor.
(3)(A) A certification under paragraph (2) of this subsection shall
take effect on the date on which the certification is received by the
Congress. However, if, within 30 calendar days after receiving this
certification, the Congress adopts a concurrent resolution stating in
substance that the Congress disapproves the furnishing of assistance
pursuant to the certification, then upon the adoption of that resolution
the certification shall cease to be effective and all deliveries of
assistance furnished under the authority of that certification shall be
suspended immediately.
(B) Any concurrent resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976.
(C) For the purpose of expediting the consideration and adoption of
concurrent resolutions under this paragraph, a motion to proceed to the
consideration of any such resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in the House
of Representatives.
(b) Prohibitions on assistance to countries involved in transfer or
use of nuclear explosive devices; exceptions; procedures applicable
(1) Except as provided in paragraphs (2) and (3) of this subsection,
no funds authorized to be appropriated by this chapter or the Arms
Export Control Act (22 U.S.C. 2751 et seq.) may be used for the purpose
of providing economic assistance (including assistance under part IV of
subchapter II of this chapter) providing military assistance or grant
military education and training, providing assistance under part VI of
subchapter II of this chapter, or extending military credits or making
guarantees, to any country which on or after August 4, 1977 --
(A) transfers a nuclear explosive device to a non-nuclear-weapon
state, or
(B) is a non-nuclear-weapon state and either --
(i) receives a nuclear explosive device, or
(ii) detonates a nuclear explosive device.
(2)(A) Notwithstanding paragraph (1) of this subsection, the
President may, for a period of not more than 30 days of continuous
session, furnish assistance which would otherwise be prohibited under
paragraph (1) of this subsection if, before furnishing such assistance,
the President transmits to the Speaker of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of the Senate,
a certification that he has determined that an immediate termination of
assistance to that country would be detrimental to the national security
of the United States. Not more than one such certification may be
transmitted for a country with respect to the same detonation, transfer,
or receipt of a nuclear explosive device.
(B) If the President transmits a certification to the Congress under
subparagraph (A), a joint resolution which would permit the President to
exercise the waiver authority of paragraph (3) of this subsection shall,
if introduced in either House within thirty days of continuous session
after the Congress receives this certification, be considered in the
Senate and House of Representatives in accordance with subparagraphs (C)
and (D) of this paragraph.
(C) Any joint resolution under this paragraph shall be considered in
the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(D) For the purpose of expediting the consideration and adoption of
joint resolutions under this paragraph, a motion to proceed to the
consideration of such a joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
(E) For purposes of this paragraph, the term ''joint resolution''
means a joint resolution the matter after the resolving clause of which
is as follows: ''That the Congress having received on
a certification by the President under section 670(b)(2) of the
Foreign Assistance Act of 1961 with respect to , the Congress hereby
authorizes the President to exercise the waiver authority contained in
section 670(b)(3) of that Act.'', with the date of receipt of the
certification inserted in the first blank and the name of the country
inserted in the second blank.
(3) Notwithstanding paragraph (1) of this subsection, if the Congress
enacts a joint resolution under paragraph (2) of this subsection, the
President may furnish assistance which would otherwise be prohibited
under paragraph (1) if he determines and certifies in writing to the
Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate that the termination of such assistance would be
seriously prejudicial to the achievement of United State
nonproliferation objectives or otherwise jeopardize the common defense
and security. The President shall transmit with such certification a
statement setting forth the specific reasons therefor.
(4) For purposes of this subsection, continuity of session is broken
only by an adjournment of Congress sine die and the days on which either
House is not in session because of an adjournment of more than three
days to a day certain are excluded in the computation of any period of
time in which Congress is in continuous session.
(c) ''Non-nuclear-weapon state'' defined
As used in this section, the term ''nonnuclear-weapon state'' means
any country which is not a nuclear-weapon state, as defined in article
IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons.
(Pub. L. 87-195, pt. III, 670, as added Pub. L. 95-92, 12, Aug. 4,
1977, 91 Stat. 620, and amended Pub. L. 95-384, 10(b)(4), 12(c)(3),
Sept. 26, 1978, 92 Stat. 735, 737; Pub. L. 97-113, title VII, 737(c),
Dec. 29, 1981, 95 Stat. 1562; Pub. L. 99-83, title XII, 1204(a), (b),
Aug. 8, 1985, 99 Stat. 277.)
This chapter, referred to in subsecs. (a)(1) and (b)(1), was in the
original ''this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat.
424, as amended, known as the Foreign Assistance Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsecs. (a)(1) and
(b)(1), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended,
which is classified principally to chapter 39 ( 2751 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 2751 of this title and Tables.
Section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976, referred to in subsecs. (a)(3)(B) and (b)(
2)(C), is section 601(b) of Pub. L. 94-329, title VI, June 30, 1976, 90
Stat. 765, which made provision for expedited procedures in the Senate,
and is not classified to the Code.
Section 670(b)(2) of the Foreign Assistance Act of 1961, and section
670(b)(3) of that Act, referred to in subsec. (b)(2)(E), are classified
to subsecs. (b)(2) and (b)(3), respectively, of this section.
1985 -- Pub. L. 99-83, 1204(b)(1), inserted reference to illegal
exports for nuclear explosive devices in section catchline.
Subsec. (a)(1). Pub. L. 99-83, 1204(a), designated existing
provisions as cl. (A), added cl. (B), and inserted provisions defining
an export or attempted export by a country for purposes of cl. (B).
Subsec. (b)(5). Pub. L. 99-83, 1204(b)(2), redesignated par. (5) as
subsec. (c).
Subsec. (c). Pub. L. 99-83, 1204(b)(2), redesignated subsec. (b)(5)
as (c) and substituted ''this section'' for ''this subsection''.
1981 -- Subsec. (a). Pub. L. 97-113 incorporated in combined subsec.
(a)(1) existing introductory subsec. (a) text and the following par.
(1) text, substituting therein ''paragraph (2) of this subsection'' for
''subsection (b) of this section''; incorporated in subsec. (a)(2)
existing subsec. (b)(1), substituting therein ''paragraph (1) of this
subsection'' for ''subsection (a) of this section'' and ''that
paragraph'' for ''such subsection''; and added par. (3)(A) to (C).
Former introductory subsec. (a) also covered in subsec. (b)(1) and
former subsec. (a)(2) covered in subsec. (b)(5) of this section.
Subsec. (b). Pub. L. 97-113 incorporated in par. (1) existing
introductory subsec. (a) text, substituting therein ''paragraphs (2)
and (3) of this subsection'' for ''subsection (b) of this section'' and
added subpars. (A) and (B); added par. (2)(A) to (E); incorporated
in par. (3) existing par. (1), substituting therein ''paragraph (1) of
this subsection'' for ''subsection (a) of this section'' and ''paragraph
(1)'' for ''such subsection'' and inserting '', if the Congress enacts a
joint resolution under paragraph (2) of this subsection''; added par.
(4); and incorporated in par. (5) existing subsec. (a)(2) text
reading ''country which . . . is not a nuclear-weapon state as defined
in article IX(3) of the Treaty on the Non-Proliferation of Nuclear
Weapons and which detonates a nuclear explosive device''. Former
subsec. (b)(1) also covered in subsec. (a)(2) of this section.
1978 -- Subsec. (a). Pub. L. 95-384 inserted in provision preceding
par. (1) ''(including assistance under part IV of subchapter II of this
chapter)'' after ''economic assistance'' ''providing assistance under
part VI of subchapter II of this chapter'' after ''education and
training'', and struck out ''or security supporting'' after ''providing
military''.
Section 1204(c) of Pub. L. 99-83 provided that: ''The amendments
made by this section (amending this section) shall take effect on the
date of enactment of this Act (Aug. 8, 1985).''
Section 737(a) of Pub. L. 97-113 provided that: ''The Congress
finds that any transfer of a nuclear explosive device to a
non-nuclear-weapon state or, in the case of a non-nuclear-weapon state,
any receipt or detonation of a nuclear explosive device would cause
grave damage to bilateral relations between the United States and that
country.''
22 USC 2429a-1. Annual report on nuclear transfer activities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Beginning with the fiscal year 1983 and for each fiscal year
thereafter, the President shall prepare and transmit to the Congress, as
part of the presentation materials for foreign assistance programs
proposed for that fiscal year, a classified report describing the
nuclear programs and related activities of any country for which a
waiver of section 2429 or 2429a of this title is in effect, including an
assessment of --
(1) the extent and effectiveness of International Atomic Energy
Agency safeguards at that country's nuclear facilities; and
(2) the capability, actions, and intentions of the government of that
country with respect to the manufacture or acquisition of a nuclear
explosive device.
(Pub. L. 97-113, title VII, 735, Dec. 29, 1981, 95 Stat. 1561.)
Section was enacted as part of the International Security and
Development Cooperation Act of 1981, and not as part of the Foreign
Assistance Act of 1961 which comprises this chapter.
22 USC 2429b. Transferred
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. III, 671, as added Pub. L. 95-88,
title I, 130, Aug. 3, 1977, 91 Stat. 543, which related to
notification of program changes, was transferred to section 2394-1 of
this title.
22 USC SUBCHAPTER IV -- INDOCHINA POSTWAR RECONSTRUCTION
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2431. Repealed. Pub. L. 94-329, title IV, 413(a), June 30, 1976,
90 Stat. 761
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. V, 801, as added Pub. L. 93-189, 24,
Dec. 17, 1973, 87 Stat. 728, authorized the President to furnish
assistance for relief and reconstruction of South Vietnam, Cambodia, and
Laos.
Pub. L. 94-329, title IV, 413(a), June 30, 1976, 90 Stat. 761,
provided in part that: ''All determinations, authorizations,
regulations, orders, contracts, agreements, and other actions issued,
undertaken, or entered into under authority of any provision of law
repealed by this section, (which repealed this section and sections 2432
to 2435 of this title and provisions formerly set out as notes under
this section and sections 2415, 2432, and 2433 of this title) shall
continue in full force and effect until modified, revoked, or superseded
by appropriate authority.''
Pub. L. 95-92, 29, Aug. 4, 1977, 91 Stat. 626, provided that: ''No
provision of law shall be construed to prevent payment of claims of
former and present Vietnamese employees of the Agency for International
Development, who presently reside in the United States, for the
conversion of Vietnamese piasters to dollars because such conversion
cannot take place in the territory of the former Republic of Vietnam or
because the official with whom such piasters were deposited was not a
United States disbursing officer.''
Pub. L. 94-329, title IV, 413(b), (c), June 30, 1976, 90 Stat. 761,
provided that:
''(b) Subject to the availability of appropriations therefor, the
President (now the Director of the United States International
Development Cooperation Agency) is authorized to adopt as a contract of
the United States Government, and assume any liabilities arising
thereunder (in whole or in part), any contract which had been funded or
approved for funding by the Agency for International Development prior
to June 30, 1975, for financing with funds made available under the
Foreign Assistance Act of 1961 (this chapter) or the Foreign Assistance
Act of 1974 (Pub. L. 93-559, Dec. 30, 1974, 88 Stat. 1795), or any
equitable claim based upon a letter of intent issued prior to April 30,
1975, in which the Agency had expressed its intention to finance a
transaction subject to the availability of funds, between the former
Governments of Vietnam or Cambodia (including any of their agencies) or
the Government of Laos (or any of its agencies) and any person and to
apply with respect to any such contract the authorities of the Foreign
Assistance Act of 1961 (this chapter).
''(c) Funds made available for the purposes of part V of the Foreign
Assistance Act of 1961 (sections 2431 to 2435 of this title) and of
section 36 of the Foreign Assistance Act of 1974 (section 36 of Pub. L.
93-559, formerly set out as a note under section 2432 of this title)
(including amounts certified pursuant to section 1311 of the
Supplemental Appropriation Act, 1955 (31 U.S.C. 200), as having been
obligated against appropriations heretofore made) are authorized to be
appropriated, and thereafter, to remain available until expended, to
meet necessary expenses arising from the actions authorized by
subsection (b) of this section and such funds are authorized to remain
available until expended to meet necessary expenses arising from the
termination of assistance programs authorized by such part and such
section 36, which expenses may include but need not be limited to the
settlement of claims and associated personnel costs.''
(Functions of the President under section 413(b) of Pub. L. 94-329,
set out above, were delegated to the Director of the United States
International Development Cooperation Agency, with certain exceptions,
by sections 1-102(a)(4), (g) of Ex. Ord. No. 12163, Sept. 29, 1979, 44
F.R. 56673, eff. Oct. 1, 1979, set out as a note under section 2381 of
this title.)
Pub. L. 93-559, 34, Dec. 30, 1974, 88 Stat. 1805, which set out the
Congressional findings and Congressional directives with reference to
the negotiations to be conducted to terminate the fighting in South
Vietnam and Cambodia and which directed that the President and Secretary
of State report to Congress at regular intervals regarding progress
towards the cessation of hostilities in Indochina, was repealed by Pub.
L. 94-329, title IV, 413(a), June 30, 1976, 90 Stat. 761.
Pub. L. 93-559, 35, Dec. 30, 1974, 88 Stat. 1806, which set out the
governing principles for the giving of economic aid to Indochina, was
repealed by Pub. L. 94-329, title IV, 413(a), June 30, 1976, 90 Stat.
761.
Funds; Notification of Speaker of House and Senate
Foreign Relations Committee; Presidential Reports to
Congress; United States Civilian Officers and
Employees in South Vietnam; Limitation; ''Executive
Agency of the United States Government'' Defined;
Nonapplicability
Pub. L. 93-559, 38, Dec. 30, 1974, 88 Stat. 1808, which set limits
on the allocation and uses of funds appropriated for the relief and
reconstruction of South Vietnam, was repealed by Pub. L. 94-329, title
IV, 413(a), June 30, 1976, 90 Stat. 761.
''Value'' Defined; Presidential Reports to Congress
Pub. L. 93-559, 40, Dec. 30, 1974, 88 Stat. 1811, which set limits
on the uses of funds appropriated for Laotian assistance, was repealed
by Pub. L. 94-329, title IV, 413(a), June 30, 1976, 90 Stat. 761.
Pub. L. 93-559, 48, Dec. 30, 1974, 88 Stat. 1816, provided that:
''(a) There are authorized to be appropriated to the Department of
State for fiscal year 1975 not to exceed $16,526,000 for payments by the
United States to help meet expenses of the International Commission of
Control and Supervision in Vietnam. Funds appropriated under this
subsection are authorized to be made available for reimbursement to the
Agency for International Development of amounts expended by the Agency
during fiscal year 1975 as interim United States payments to help meet
expenses of the International Commission of Control and Supervision.
''(b) There are authorized to be appropriated to the Department of
State not to exceed $11,200,000 for reimbursement to the Agency for
International Development of amounts expended by the Agency for
International Development to help meet expenses of the International
Commission on Control and Supervision in fiscal year 1974.
''(c) Reimbursements received by the Agency for International
Development under this section may be credited to applicable
appropriations of the Agency and shall be available for the purposes for
which such appropriations are authorized to be used during fiscal year
1975.''
22 USC 2432. Repealed. Pub. L. 94-329, title IV, 413(a), June 30, 1976,
90 Stat. 761
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. V, 802, as added Pub. L. 93-189, 24,
Dec. 17, 1973, 87 Stat. 728, authorized appropriation of $504,000,000
for fiscal year 1974 to remain available until expended for relief and
reconstruction of South Vietnam, Cambodia, and Laos.
Authorization of Appropriations for Fiscal Year 1975;
Transfer of Funds
Pub. L. 93-559, 36, Dec. 30, 1974, 88 Stat. 1807, which placed
limitations on Indochina postwar reconstruction, was repealed by Pub.
L. 94-329, title IV, 413(a), June 30, 1976, 90 Stat. 761.
22 USC 2433. Repealed. Pub. L. 94-329, title IV, 413(a), June 30, 1976,
90 Stat. 761
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-195, pt. V, 803, as added Pub. L. 93-189, 24,
Dec. 17, 1973, 87 Stat. 728, provided for assistance to South
Vietnamese children.
Pub. L. 93-559, 37, Dec. 30, 1974, 88 Stat. 1808, which made
provision for day care centers, orphanages, hostels, school feeding
programs, health and welfare programs, and training related thereto for
the benefit of Vietnamese children, was repealed by Pub. L. 94-329,
title IV, 413(a), June 30, 1976, 90 Stat. 761.
22 USC 2434, 2435. Repealed. Pub. L. 94-329, title IV, 413(a), June 30,
1976, 90 Stat. 761
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section 2434, Pub. L. 87-195, pt. V, 804, as added Pub. L.
93-189, 24, Dec. 17, 1973, 87 Stat. 729, made provision for assistance
to the Center for Plastic and Reconstructive Surgery in Saigon.
Section 2435, Pub. L. 87-195, pt. V, 806, as added Pub. L.
93-559, 41, Dec. 30, 1974, 88 Stat. 1812, directed that provisions
covering special programs for relief of South Vietnam, Cambodia, and
Laos not apply to programs related to population growth, narcotics
control, humanitarian programs by international organizations, and
regional programs.
22 USC SUBCHAPTER V -- MIDDLE EAST ASSISTANCE
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2441 to 2443. Repealed. Pub. L. 95-384, 12(c)(4), Sept. 26,
1978, 92 Stat. 737
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section 2441, Pub. L. 87-195, pt. VI, 901, as added Pub. L.
93-559, 42, Dec. 30, 1974, 88 Stat. 1812, and amended Pub. L.
94-329, title IV, 401, June 30, 1976, 90 Stat. 756, related to
Congressional statement of policy with regard to Middle East assistance.
Section 2442, Pub. L. 87-195, pt. VI, 902, as added Pub. L.
93-559, 42, Dec. 30, 1974, 88 Stat. 1812, related to allocations of
funds with regard to Middle East assistance.
Section 2443, Pub. L. 87-195, pt. VI, 903, as added Pub. L.
93-559, 42, Dec. 30, 1974, 88 Stat. 1812, and amended Pub. L.
94-329, title V, 502, June 30, 1976, 90 Stat. 763; Pub. L. 95-92, 13,
Aug. 4, 1977, 91 Stat. 621, related to a special requirements fund
with regard to Middle East assistance.
22 USC CHAPTER 33 -- MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
2451. Congressional statement of purpose.
2451a. Repealed.
2452. Authorization of activities.
(a) Grants or contracts for educational or cultural exchanges;
participation in international fairs and expositions abroad.
(b) Other exchanges.
2452a. Exchange program with countries in transition from
totalitarianism to democracy.
(a) Authorization of activities; grants or contracts for exchanges
with foreign countries.
(b) Transfer of funds.
2453. Agreements with foreign governments and international
organizations.
(a) Authorization.
(b) Creation or continuation of binational or multinational
educational and cultural foundations and commissions.
(c) United States participation in programs.
2454. Administration.
(a) Delegation of powers; submission of proposal for delegation to
Congress.
(b) Employment of personnel.
(c) Repealed.
(d) Extension of benefits
(e) Grants; use of funds, counseling service; publicity and
promotion abroad.
(f) Repealed.
(g) Currency exchange for foreign students and teachers coming
temporarily to the United States.
2455. Appropriations.
(a) Authorization; contracts creating obligations in advance of
appropriations.
(b) Acquisition of foreign currencies.
(c) Transfer of funds.
(d) Reserve and use of certain funds.
(e) Reservation and use of sums due or paid by the Republic of
Finland.
(f) Contribution of funds, property, and services by foreign
governments, international organizations, and private individuals,
firms, associations, and agencies.
(g) Currency exchanges.
2456. J. William Fulbright Foreign Scholarship Board.
(a) Appointment; members; considerations for selection.
(b), (c) Omitted.
(d) Creation of interagency and other advisory committees;
conferences of persons.
(e) Availability of appropriations for expenses; transportation
expenses and per diem; compensation of members of Board and Committees.
(f) Secretarial and staff assistance.
2457. Reports by Board.
2458. Authority of President.
(a) Performance of certain functions without regard to other laws;
appropriation credits upon reimbursement for services in connection with
exchange activities.
(b) Periodic reports of activities and expenditures.
(c) Expenditures in selection, purchase, rental, construction, or
other acquisition of exhibits and materials and equipment therefor.
(d) Utilization of provisions of other laws.
2458a. Federal employee participation in cultural exchange programs.
(a) Grants and other foreign government assistance; family or
household expense assistance prohibited; ''Federal employee'' defined.
(b) Foreign grants and other assistance not gifts for purposes of
section 7342 of title 5.
(c) Regulations.
2459. Immunity from seizure under judicial process of cultural
objects imported for temporary exhibition or display.
(a) Agreements; Presidential determination; publication in Federal
Register.
(b) Intervention of United States attorney in pending judicial
proceedings.
(c) Enforcement of agreements and obligations of carriers under
transportation contracts.
2460. Bureau of Educational and Cultural Affairs.
(a) Establishment; responsibilities.
(b) Revocation or diminution of grants.
(c) Program requirements.
(d) Administration of programs.
(e) Office of Citizen Exchanges.
2461. United States-Soviet exchanges.
(a) Financing of exchanges with repayments on Lend-Lease debts.
(b) Limitation on availability of funds.
22 USC 2451. Congressional statement of purpose
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The purpose of this chapter is to enable the Government of the United
States to increase mutual understanding between the people of the United
States and the people of other countries by means of educational and
cultural exchange; to strengthen the ties which unite us with other
nations by demonstrating the educational and cultural interests,
developments, and achievements of the people of the United States and
other nations, and the contributions being made toward a peaceful and
more fruitful life for people throughout the world; to promote
international cooperation for educational and cultural advancement; and
thus to assist in the development of friendly, sympathetic, and peaceful
relations between the United States and the other countries of the
world.
(Pub. L. 87-256, 101, Sept. 21, 1961, 75 Stat. 527.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527, as amended,
known as the Mutual Educational and Cultural Exchange Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out below and Tables.
Section 1 of Pub. L. 87-256 provided: ''That this Act (enacting
this chapter, amending sections 1101, 1182 and 1258 of Title 8, Aliens
and Nationality, sections 117, 871, 872, 1441, 3121, 3306, 3401 and 3402
of Title 26, Internal Revenue Code, and section 410 of Title 42, The
Public Health and Welfare, repealing sections 1431(2), 1434, 1439, 1440,
1446, 1448, 1466 to 1468 and 1991 to 2001 of this title, sections 222 to
224 of Title 20, Education, and section 1641(b)(2) of Title 50,
Appendix, War and National Defense, and enacting provisions set out as
notes under this section and under sections 117, 1441, 3121 and 3401 of
Title 26) may be cited as the 'Mutual Educational and Cultural Exchange
Act of 1961'.''
Functions vested in President, Secretary of State, Department of
State, United States Information Agency or Director thereof under this
chapter transferred to Director of International Communication Agency by
Reorg. Plan No. 2 of 1977, 7(a)(2), 42 F.R. 62461, 91 Stat. 1637, set
out under section 1461 of this title, effective on or before July 1,
1978, at such time as specified by President, except (A) for such
functions as are vested by sections 2452(b)(6), (10), 2454(a), (e)(1),
(2), (f), (g), 2455(a), (b), (c), 2456(a) and 2458 of this title, (B)
for such functions as are vested by sections 2454(b), 2455(d)(2), (f),
and 2456(d), (f) of this title, to extent that such functions were
assigned to Secretary of Health, Education, and Welfare (now Secretary
of Education) immediately prior to effective date of Reorg. Plan No. 2
of 1977, and (C) for such functions as are vested by section 2456(b),
(c) of this title to extent that any such function therein is vested in
President or Secretary of State. International Communication Agency,
and Director thereof, redesignated United States Information Agency, and
Director thereof, by section 303 of Pub. L. 97-241, title III, Aug.
24, 1982, 96 Stat. 291, set out as a note under section 1461 of this
title.
Section 111(b) of Pub. L. 87-256 provided that: ''All Executive
orders, agreements, determinations, regulations, contracts,
appointments, and other actions issued, concluded, or taken under
authority of any provisions of law repealed by subsection (a) of this
section (repealing sections 1431(2), 1434, 1439, 1440, 1446, 1448, 1466
to 1468, and 1991 to 2001 of this title, sections 222 to 224 of Title
20, Education, and section 1641(b)(2) of Title 50, Appendix, War and
National Defense) shall continue in full force and effect, and shall be
applicable to the appropriate provisions of this Act (this chapter)
until modified or superseded by appropriate authority.''
Section 111(c) of Pub. L. 87-256 provided that: ''Any reference in
any other Act to the provisions of law listed in subsection (a)
(repealing sections 1431(2), 1434, 1439, 1440, 1446, 1448, 1466 to 1468,
and 1991 to 2001 of this title, sections 222 to 224 of Title 20,
Education, and section 1641(b)(2) of Title 50, Appendix, War and
National Defense) shall hereafter be considered to be references to the
appropriate provisions of this Act (this chapter).''
22 USC 2451a. Repealed. Pub. L. 91-269, 7, May 27, 1970, 84 Stat. 272
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 89-685, 8, Oct. 15, 1966, 80 Stat. 974, required
registration of international fair, exposition, celebration or other
international exhibition with an international organization for
participation by the United States. See section 2801 et seq. of this
title.
22 USC 2452. Authorization of activities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Grants or contracts for educational or cultural exchanges;
participation in international fairs and expositions abroad
The Director of the United States Information Agency is authorized,
when he considers that it would strengthen international cooperative
relations, to provide, by grant, contract, or otherwise, for --
(1) educational exchanges, (i) by financing studies, research,
instruction, and other educational activities --
(A) of or for American citizens and nationals in foreign countries,
and
(B) of or for citizens and nationals of foreign countries in American
schools and institutions of learning located in or outside the United
States;
and (ii) by financing visits and interchanges between the United
States and other countries of students, trainees, teachers, instructors,
and professors;
(2) cultural exchanges, by financing --
(i) visits and interchanges between the United States and other
countries of leaders, experts in fields of specialized knowledge or
skill, and other influential or distinguished persons;
(ii) tours in countries abroad by creative and performing artists and
athletes from the United States, individually and in groups,
representing any field of the arts, sports, or any other form of
cultural attainment;
(iii) United States representation in international artistic,
dramatic, musical, sports, and other cultural festivals, competitions,
meetings, and like exhibitions and assemblies;
(iv) participation by groups and individuals from other countries in
nonprofit activities in the United States similar to those described in
subparagraphs (ii) and (iii) of this paragraph, when the Director of the
United States Information Agency determines that such participation is
in the national interest. /1/
(3) United States participation in international fairs and
expositions abroad, including trade and industrial fairs and other
public or private demonstrations of United States economic
accomplishments and cultural attainments.
(b) Other exchanges
In furtherance of the purposes of this chapter, the President is
further authorized to provide for --
(1) interchanges between the United States and other countries of
handicrafts, scientific, technical, and scholarly books, books of
literature, periodicals, and Government publications, and the
reproduction and translation of such writings, and the preparation,
distribution, and interchange of other educational and research
materials, including laboratory and technical equipment for education
and research;
(2) establishing and operating in the United States and abroad
centers for cultural and technical interchanges to promote better
relations and understanding between the United States and other nations
through cooperative study, training, and research;
(3) assistance in the establishment, expansion, maintenance, and
operation of schools and institutions of learning abroad, founded,
operated, or sponsored by citizens or nonprofit institutions of the
United States, including such schools and institutions serving as
demonstration centers for methods and practices employed in the United
States;
(4) fostering and supporting American studies in foreign countries
through professorships, lectureships, institutes, seminars, and courses
in such subjects as American history, government, economics, language
and literature, and other subjects related to American civilization and
culture, including financing the attendance at such studies by persons
from other countries;
(5) promoting and supporting medical, scientific, cultural, and
educational research and development;
(6) promoting modern foreign language training and area studies in
United States schools, colleges, and universities by supporting visits
and study in foreign countries by teachers and prospective teachers in
such schools, colleges, and universities for the purpose of improving
their skill in languages and their knowledge of the culture of the
people of those countries, and by financing visits by teachers from
those countries to the United States for the purpose of participating in
foreign language training and area studies in United States schools,
colleges, and universities;
(7) United States representation at international nongovernmental
educational, scientific, and technical meetings;
(8) participation by groups and individuals from other countries in
educational, scientific, and technical meetings held under American
auspices in or outside the United States;
(9) encouraging independent research into the problems of educational
and cultural exchange;
(10) promoting studies, research, instruction, and other educational
activities of citizens and nationals of foreign countries in American
schools, colleges, and universities located in the United States by
making available to citizens and nationals of less developed friendly
foreign countries for exchange for currencies of their respective
countries (other than excess foreign currencies), at United States
embassies, United States dollars in such amounts as may be necessary to
enable such foreign citizens or nationals who are coming temporarily to
the United States as students, trainees, teachers, instructors, or
professors to meet expenses of the kind described in section 2454(e)(1)
of this title; and
(11) interchanges and visits between the United States and other
countries of scientists, scholars, leaders, and other experts in the
fields of environmental science and environmental management.
(Pub. L. 87-256, 102, Sept. 21, 1961, 75 Stat. 527; Pub. L. 87-565,
pt. IV, 403, Aug. 1, 1962, 76 Stat. 263; Pub. L. 89-698, title II,
203(a), Oct. 29, 1966, 80 Stat. 1071; 1977 Reorg. Plan No. 2, 7(a)(2),
42 F.R. 62461, 91 Stat. 1637; Pub. L. 97-241, title III, 303(b), Aug.
24, 1982, 96 Stat. 291; Pub. L. 98-164, title VII, 703( a), Nov. 22,
1983, 97 Stat. 1045.)
This chapter, referred to in subsec. (b), was in the original ''this
Act'', meaning Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527, as
amended, known as the Mutual Educational and Cultural Exchange Act of
1961. For complete classification of this Act to the Code, see Short
Title note set out under section 2451 of this title and Tables.
1983 -- Subsec. (b)(11). Pub. L. 98-164 added par. (11).
1966 -- Subsec. (b)(10). Pub. L. 89-698 added par. (10).
1962 -- Subsec. (a)(3). Pub. L. 87-565 inserted ''abroad'' after
''expositions''.
Section 403 of Pub. L. 87-565 provided in part that: ''The
amendment made by this section (amending this section) shall not be
applicable with respect to any fair or exposition within the United
States for which an appropriation has been provided.''
''Director of the United States Information Agency'' substituted for
''Director of the International Communication Agency'' in subsec. (a),
opening par. and par. (2)(iv), pursuant to section 303(b) of Pub. L.
97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note
under section 1461 of this title. Previously, ''Director of the
International Communication Agency'' substituted for ''President'' in
subsec. (a), opening par. and par. (2)(iv), pursuant to Reorg. Plan
No. 2 of 1977, 7(a)(2), 42 F.R. 62461, 91 Stat. 1637, set out under
section 1461 of this title, effective on or before July 1, 1978, at such
time as specified by President, which transferred functions vested in
President, Secretary of State, Department of State, United States
Information Agency, or Director thereof, under this chapter, to Director
of International Communication Agency, except (A) for such functions as
are vested by subsec. (b)(6), (10) of this section, and sections
2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c), 2456(a) and 2458 of
this title, (B) for such functions as are vested by sections 2454(b),
2455(d)(2), (f), and 2456(d), (f) of this title, to the extent that such
functions were assigned to Secretary of Health, Education, and Welfare
(now Secretary of Education) immediately prior to effective date of
Reorg. Plan No. 2 of 1977, and (C) for such functions as are vested by
section 2456(b), (c) of this title to the extent that any such function
therein is vested in President or Secretary of State.
Functions of President under this section delegated to Secretary of
State, Director of United States Information Agency, Secretary of
Commerce, and Secretary of Education, see Ex. Ord. No. 11034, June 25,
1962, 27 F.R. 6071, as amended, set out as a note under section 2454 of
this title.
Authorization of performance of functions under subsec. (a)(2) and
(3) of this section by departments or other executive agencies, see Ex.
Ord. No. 11380, 2, Nov. 8, 1967, 32 F.R. 15627, set out as a note under
section 2454 of this title.
Pub. L. 102-138, title II, 210, Oct. 28, 1991, 105 Stat. 694,
provided that:
''(a) Purpose. -- It is the purpose of this section to provide
Federal financial assistance to facilitate a program to enable high
school and college students from emerging democracies, who are visiting
the United States, to spend from one to two weeks in Washington,
District of Columbia, observing and studying the workings and operations
of the democratic form of government of the United States.
''(b) Grants. -- The Director of the United States Information Agency
is authorized to make grants to the Claude and Mildred Pepper
Scholarship Program of the Washington Workshops Foundation to carry out
the purpose specified in subsection (a).
''(c) Authorization of Appropriations. -- There are authorized to be
appropriated $1,000,000 for fiscal year 1992 to carry out this section,
of which not more than $500,000 is authorized to be available for
obligation or expenditure during that fiscal year. Amounts appropriated
pursuant to this subsection are authorized to be available until
expended.''
Pub. L. 102-138, title II, 214, Oct. 28, 1991, 105 Stat. 696,
provided that:
''(a) Establishment. -- Subject to the availability of funds under
subsection (d), there is established in the United States Information
Agency a fund to be known as the Israeli Arab Scholarship Fund
(hereinafter in this Act (probably means this section) referred to as
the 'fund'). The income from the fund shall be used for a program of
scholarships for Israeli Arabs to attend institutions of higher
education in the United States to be known as the Israeli Arab
Scholarship Program (hereinafter in the (this) section referred to as
the 'program'). The fund and the program shall be administered by the
United States Information Agency in accordance with this section and the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et
seq.). The fund may accept contributions and gifts from public and
private sources.
''(b) Administration of the Fund. -- It shall be the duty of the
Director of the United States Information Agency to invest in full
amounts made available to the fund. Such investments may be made only
in interest-bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United States. The
interest on, and the proceeds from the sale or redemption of, any
obligations held in the fund shall be credited to and form a part of the
fund.
''(c) Appropriations From the Fund. -- For each fiscal year, there is
authorized to be appropriated from the fund for the Israeli Arab
Scholarship Program the interest and earnings of the fund.
''(d) Funding. -- Amounts made available under section 556(b) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Pub. L. 101-167; 103 Stat. 1238) (as amended
by section 551 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991 (Pub. L. 101-513)), are authorized to
be appropriated to the fund.''
Pub. L. 102-138, title II, 225, Oct. 28, 1991, 105 Stat. 699,
provided that:
''(a) Establishment of Federal Endowment. -- The Director of the
United States Information Agency is authorized to establish an endowment
fund (hereafter in this section referred to as the 'fund'), in
accordance with the provisions of this section, to support an exchange
program among secondary school students from the United States and
secondary school students from former Warsaw Pact countries in Eastern
Europe, including from the territory formerly known as East Germany.
The Director may enter into such agreements as may be necessary to carry
out the purposes of this section.
''(b) Transfer. --
''(1) Appropriations and other available funds. -- The Director shall
transfer to the fund the amounts appropriated pursuant to the authority
of subsection (f) (probably should be ''(e)'') to carry out the exchange
program under this section.
''(2) Gifts. -- (A) The Director is authorized to accept, use, and
dispose of gifts of donations of services or property to carry out the
provisions of this section.
''(B) Any sums received by the Director pursuant to subparagraph (A)
shall be transferred to the fund.
''(3) In general. -- The Director in investing the corpus and income
of the fund, shall exercise the judgment and care, under the prevailing
circumstances, which a person of prudence, discretion, and intelligence
would exercise in the management of that person's own business affairs.
''(4) Special rule. -- The fund corpus and income shall be invested
in federally insured bank savings accounts or comparable interest
bearing accounts, certificates of deposit, money market funds, mutual
funds, obligations of the United States, or other low-risk instruments
and securities.
''(c) Withdrawals and Expenditures. -- The Director may withdraw or
expend amounts from the fund for any expenses necessary to carry out the
exchange program described in subsection (a).
''(d) Definitions. -- For the purposes of this section --
''(1) the term 'secondary school' has the same meaning given to such
term by section 1471(21) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 2891(21)); and
''(2) the term 'Director' means the Director of the United States
Information Agency.
''(e) Authorization of Appropriations. -- There are authorized to be
appropriated $1,000,000 to carry out the provisions of this section.
Funds appropriated pursuant to this subsection are authorized to be
available until expended.''
Pub. L. 102-138, title II, 226, Oct. 28, 1991, 105 Stat. 699,
provided that:
''(a) Programs for Foreign Students and Scholars. --
''(1) Not later than September 30, 1993, the number of scholarships
provided to foreign students and scholars by the Bureau of Educational
and Cultural Affairs of the United States Information Agency for the
purpose of study, research, or teaching in the United States shall be
increased by 100 over the number of such scholarships provided in fiscal
year 1991, subject to the availability of appropriations.
''(2) Scholarships provided to meet the requirements of paragraph (1)
shall be available only --
''(A) to students and scholars from the new democracies of Eastern
Europe;
''(B) to students and scholars from the Soviet Union; and
''(C) to students and scholars from countries determined by the
Associate Director of the Bureau of Educational and Cultural Affairs to
be not adequately represented in the foreign student population in the
United States.
''(b) Programs for United States Students and Scholars. --
''(1) Not later than September 30, 1993, the number of scholarships
provided to United States students and scholars by the Bureau of
Educational and Cultural Affairs of the United States Information Agency
for the purpose of study, research, or teaching in other countries shall
be increased by 100 over the number of such scholarships provided in
fiscal year 1991, subject to the availability of appropriations.
''(2) Scholarships provided to meet the requirements of paragraph (1)
shall be available only for study, research, and teaching in the new
democracies of Eastern Europe, the Soviet Union, and non-European
countries.
''(c) Definition. -- For the purposes of this section, the term
'scholarship' means an amount to be used for full or partial support of
tuition and fees to attend an educational institution, and may include
fees, books and supplies, equipment required for courses at an
educational institution, and living expenses at a United States or
foreign educational institution.
''(d) Authorization of Appropriations. -- In addition to amounts
otherwise authorized to be appropriated for the Bureau of Educational
and Cultural Affairs, there are authorized to be appropriated $2,000,000
for fiscal year 1992 and $2,000,000 for fiscal year 1993 to carry out
the purposes of this section. Amounts appropriated under this
subsection are authorized to be available until expended.''
Pub. L. 102-138, title II, 227, Oct. 28, 1991, 105 Stat. 700,
provided that:
''(a) Statement of Purpose. -- The purpose of this section is to
establish a scholarship program designed to bring students from the
Soviet Union, Lithuania, Latvia, and Estonia to the United States for
study in the United States.
''(b) Scholarship Program Authority. -- Subject to the availability
of appropriations under subsection (d), the President, acting through
the United States Information Agency, shall provide scholarships
(including partial assistance) for study at United States institutions
of higher education together with private and public sector internships
by nationals of the Soviet Union, Lithuania, Latvia, and Estonia who
have completed their undergraduate education and would not otherwise
have the opportunity to study in the United States due to financial
limitations.
''(c) Guidelines. -- The scholarship program under this section shall
be carried out in accordance with the following guidelines:
''(1) Consistent with section 112(b) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2460(b)), all programs created
pursuant to this Act (see Short Title of 1991 Amendment note set out
under section 2651 of this title) shall be nonpolitical and balanced,
and shall be administered in keeping with the highest standards of
academic integrity and cost-effectiveness.
''(2) The United States Information Agency shall design ways to
identify promising students for study in the United States.
''(3) The United States Information Agency should develop and
strictly implement specific financial need criteria. Scholarships under
this Act may only be provided to students who meet the financial need
criteria.
''(4) The program may utilize educational institutions in the United
States, if necessary, to help participants acquire necessary skills to
fully participate in professional training.
''(5) Each participant shall be selected on the basis of academic and
leadership potential in the fields of business administration,
economics, law, or public administration. Scholarship opportunities
shall be limited to fields that are critical to economic reform and
political development in the Soviet Union, Lithuania, Latvia, and
Estonia, particularly business administration, economics, law, or public
administration.
''(6) The program shall be flexible to include not only training and
educational opportunities offered by universities in the United States,
but to also support internships, education, and training in a
professional setting.
''(7) The program shall be flexible with respect to the number of
years of education financed, but in no case shall students be brought to
the United States for less than one year.
''(8) Further allowance shall be made in the scholarship for the
purchase of books and related educational material relevant to the
program of study.
''(9) Further allowance shall be made to provide opportunities for
professional, academic, and cultural enrichment for scholarship
recipients.
''(10) The program shall, to the maximum extent practicable, offer
equal opportunities for both male and female students to study in the
United States.
''(11) The program shall, to the maximum extent practicable, offer
equal opportunities for students from each of the Soviet republics,
Lithuania, Latvia, and Estonia.
''(12) The United States Information Agency shall recommend to each
student who receives a scholarship under this section that the student
include in their course of study programs which emphasize the ideas,
principles, and documents upon which the United States was founded.
''(d) Funding of Scholarships for Fiscal Year 1992 and Fiscal Year
1993. -- There are authorized to be appropriated to the United States
Information Agency $7,000,000 for fiscal year 1992, and $7,000,000 for
fiscal year 1993, to carry out this section.
''(e) Compliance With Congressional Budget Act. -- Any authority
provided by this section shall be effective only to the extent and in
such amounts as are provided in advance in appropriation Acts.''
Pub. L. 102-138, title II, 228, Oct. 28, 1991, 105 Stat. 702,
provided that:
''(a) Near and Middle East Studies. -- The Director of the United
States Information Agency may expend from the amount authorized for the
Bureau of Educational and Cultural Affairs, such sums as are appropriate
to assist graduate and postdoctoral studies by United States scholars on
the Near and Middle East.
''(b) Report. -- The Director of the United States Information Agency
shall prepare and submit to the President and the Congress at the end of
each fiscal year in which assistance is provided under subsection (a) a
report concerning such assistance.
''(c) Recommendations. -- Not later than 180 days after the date of
enactment of this Act (Oct. 28, 1991), the Director of the United States
Information Agency, in consultation with qualified government agencies
and appropriate private organizations and individuals, shall submit to
the Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives recommendations
concerning the conduct of educational and cultural exchange programs
administered and funded by the Agency.
''(d) Definition. -- For purposes of this section, the term 'Near and
Middle East' refers to the region consisting of those countries and
peoples covered by the Bureau of Near Eastern and South Asian Affairs of
the Department of State on the day before the date of the enactment of
this Act.''
Pub. L. 102-138, title II, 229, Oct. 28, 1991, 105 Stat. 702,
provided that:
''(a) In General. -- Notwithstanding any other provision of law, the
Bureau of Educational and Cultural Affairs of the United States
Information Agency shall make available for each of the fiscal years
1992 and 1993, 15 scholarships for Vietnamese residents in Vietnam
qualified to study in the United States for the purpose of studying in
the United States. Each scholarship made available under this
subsection shall be for not less than one semester of study in a United
States college or university.
''(b) Preference in Awarding Scholarships. -- In awarding
scholarships under this section, preference shall be given to candidates
intending to pursue studies in economics and commercial law.''
Pub. L. 89-698, title III, 301, Oct. 29, 1966, 80 Stat. 1072,
authorized Secretary of Health, Education, and Welfare to conduct an
investigation to determine number of individuals from developing
countries who enter United States annually to further their education
and fail to return to their homeland and to report to President and to
Congress findings and conclusions together with recommendations for any
legislation deemed necessary to encourage these individuals to return
and use their education and training in service of their homeland.
Ex. Ord. No. 10716, June 18, 1957, 22 F.R. 4345, as amended by Ex.
Ord. No. 10912, Jan. 19, 1961, 26 F.R. 509, which related to
administration of programs under this chapter, was superseded by Ex.
Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out as a note under
section 2454 of this title.
/1/ So in original. The period probably should be a semicolon.
22 USC 2452a. Exchange program with countries in transition from
totalitarianism to democracy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization of activities; grants or contracts for exchanges
with foreign countries
Pursuant to the Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2451 et seq.) and using the authorities contained therein,
the President is authorized, when the President considers that it would
strengthen international cooperative relations, to provide, by grant,
contract, or otherwise, for exchanges with countries that are in
transition from totalitarianism to democracy, which include, but are not
limited to Poland, Hungary, Czechoslovakia, Bulgaria, and Romania --
(1) by financing studies, research, instruction, and related
activities --
(A) of or for American citizens and nationals in foreign countries;
and
(B) of or for citizens and nationals of foreign countries in American
private businesses, trade associations, unions, chambers of commerce,
and local, State, and Federal Government agencies, located in or outside
the United States; and
(2) by financing visits and interchanges between the United States
and countries in transition from totalitarianism to democracy.
The program under this section shall be coordinated by the United
States Information Agency.
(b) Transfer of funds
The President is authorized to transfer to the appropriations account
of the United States Information Agency such sums as the President shall
determine to be necessary out of the travel accounts of the departments
and agencies of the United States, except for the Department of State
and the United States Information Agency, as the President shall
designate. Such transfers shall be subject to the approval of the
Committee on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate. In addition, the President
is authorized to accept such gifts or cost-sharing arrangements as may
be proffered to sustain the program under this section.
(Pub. L. 101-610, title VI, 602, Nov. 16, 1990, 104 Stat. 3186.)
The Mutual Educational and Cultural Exchange Act of 1961, referred to
in subsec. (a), is Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527, as
amended, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 2451 of this title and Tables.
Section was enacted as part of the National and Community Service Act
of 1990, and not as part of the Mutual Educational and Cultural Exchange
Act of 1961 which comprises this chapter.
22 USC 2453. Agreements with foreign governments and international
organizations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization
The Director of the United States Information Agency is authorized to
enter into agreements with foreign governments and international
organizations, in furtherance of the purposes of this chapter. In such
agreements the Director of the United States Information Agency is
authorized, when he deems it in the public interest, to seek the
agreement of the other governments concerned to cooperate and assist,
including making use of funds placed in special accounts pursuant to
agreements concluded in accordance with section 1513(b)(6) /1/ of this
title, or any similar agreements, in providing for the activities
authorized in section 2452 of this title, and particularly those
authorized in subsection (a)(1) of said section 2452, with respect to
the expenses of international transportation of their own citizens and
nationals and of activities in furtherance of the purposes of this
chapter carried on within the borders of such other nations.
(b) Creation or continuation of binational or multinational
educational and cultural foundations and commissions
Such agreements may also provide for the creation or continuation of
binational or multinational educational and cultural foundations and
commissions for the purpose of administering programs in furtherance of
the purposes of this chapter.
(c) United States participation in programs
In such agreements with international organizations, the Director of
the United States Information Agency may provide for equitable United
States participation in and support for, including a reasonable share of
the cost of, educational and cultural programs to be administered by
such organizations.
(Pub. L. 87-256, 103, Sept. 21, 1961, 75 Stat. 529; 1977 Reorg.
Plan No. 2, 7(a)(2), 42 F.R. 62461, 91 Stat. 1637; Pub. L. 97-241,
title III, 303(b), Aug. 24, 1982, 96 Stat. 291.)
This chapter, referred to in subsecs. (a) and (b), was in the
original ''this Act'', meaning Pub. L. 87-256, Sept. 21, 1961, 75
Stat. 527, as amended, known as the Mutual Educational and Cultural
Exchange Act of 1961. For complete classification of this Act to the
Code, see Short Title note set out under section 2451 of this title and
Tables.
Section 1513(b)(6) of this title, referred to in subsec. (a), was
repealed by act Aug. 26, 1954, ch. 937, title V, 542(a), 68 Stat.
861.
''Director of the United States Information Agency'' substituted for
''Director of the International Communication Agency'' in subsecs. (a)
and (c), pursuant to section 303(b) of Pub. L. 97-241, title III, Aug.
24, 1982, 96 Stat. 291, set out as a note under section 1461 of this
title. Previously, ''Director of the International Communication
Agency'' substituted for ''President'' in subsecs. (a) and (c),
pursuant to Reorg. Plan No. 2 of 1977, 7(a)(2), 42 F.R. 62461, 91
Stat. 1637, set out under section 1461 of this title, effective on or
before July 1, 1978, at such time as specified by President, which
transferred functions vested in President, Secretary of State,
Department of State, United States Information Agency or Director
thereof, under this chapter, to Director of International Communication
Agency, except (A) for such functions as are vested by sections 2452(
b)(6), (10), 2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c), 2456(a)
and 2458 of this title, (B) for such functions as are vested by sections
2454(b), 2455(d)(2), (f), and 2456(d), (f) of this title, to the extent
that such functions were assigned to Secretary of Health, Education, and
Welfare (now Secretary of Education) immediately prior to effective date
of Reorg. Plan No. 2 of 1977, and (C) for such functions as are vested
by section 2456(b), (c) of this title to the extent that any such
function therein is vested in President or Secretary of State.
Functions of President under this section delegated to Secretary of
State, see Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out as
a note under section 2454 of this title.
/1/ See References in Text note below.
22 USC 2454. Administration
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Delegation of powers; submission of proposal for delegation to
Congress
The President may delegate, to such officers of the Government as he
determines to be appropriate, any of the powers conferred upon him by
this chapter to the extent that he finds such delegation to be in the
interest of the purposes expressed in this chapter and the efficient
administration of the programs undertaken pursuant to this chapter:
Provided, That where the President has delegated any of such powers to
any officer, before the President implements any proposal for the
delegation of any of such powers to another officer, that proposal shall
be submitted to the Speaker of the House of Representatives and to the
Committee on Foreign Relations of the Senate, and thereafter a period of
not less than sixty days shall have elapsed while Congress is in
session. In computing such sixty days, there shall be excluded the days
on which either House is not in session because of an adjournment of
more than three days.
(b) Employment of personnel
The President is authorized to employ such other personnel as he
deems necessary to carry out the provisions and purposes of this
chapter, and of such personnel not to exceed ten may be compensated
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, but not in excess of the highest rate of grade 18
of the General Schedule. Such positions shall be in addition to the
number authorized by section 5108 of title 5.
(c) Repealed. Pub. L. 96-465, title II, 2205(7), Oct. 17, 1980, 94
Stat. 2160
(d) Extension of benefits
For the purpose of performing functions under this chapter outside
the United States, the Director of the United States Information Agency
is authorized to provide that any person employed or assigned by a
United States Government agency shall be entitled, except to the extent
that the Director of the United States Information Agency may specify
otherwise in cases in which the period of employment or assignment
exceeds thirty months, to the same benefits as are provided by section
3950 of this title for individuals appointed to the Foreign Service.
(e) Grants; use of funds, counseling service; publicity and
promotion abroad
(1) In providing for the activities and interchanges authorized by
section 2452 of this title, grants may be made to or for individuals,
either directly or through foundations or educational or other
institutions, which foundations or institutions are public or private
nonprofit, and may include funds for tuition and other necessary
incidental expenses, for travel expenses from their places of residence
and return for themselves, and, whenever it would further the purposes
of this chapter, for the dependent members of their immediate families,
for health and accident insurance premiums, emergency medical expenses,
costs of preparing and transporting to their former homes the remains of
any of such persons who may die while away from their homes as
participants or dependents of participants in any program under this
chapter, and for per diem in lieu of subsistence at rates prescribed by
the Director of the United States Information Agency, for all such
persons, and for such other expenses as are necessary for the successful
accomplishment of the purposes of this chapter.
(2) Funds available for programs under this chapter may be used (i)
to provide for orientation courses, language training, or other
appropriate services and materials for persons traveling out of the
countries of their residence for educational and cultural purposes which
further the purposes of this chapter, whether or not they are receiving
other financial support from the Government, and (ii) to provide or
continue services to increase the effectiveness of such programs
following the return of such persons to the countries of their
residence.
(3) For the purpose of assisting foreign students in making the best
use of their opportunities while attending colleges and universities in
the United States, and assisting such students in directing their
talents and initiative into channels which will make them more effective
leaders upon return to their native lands, the Director of the United
States Information Agency may make suitable arrangements, by contract or
otherwise, for the establishment and maintenance at colleges and
universities in the United States attended by foreign students of an
adequate counseling service.
(4) The Director of the United States Information Agency is
authorized to provide for publicity and promotion (including
representation) abroad of activities of the type provided for in this
chapter.
(f) Repealed. Pub. L. 96-60, title II, 203(a)(1), Aug. 15, 1979, 93
Stat. 398
(g) Currency exchange for foreign students and teachers coming
temporarily to the United States
(1) For the purpose of performing functions authorized by section
2452(b)(10) of this title, the President is authorized to establish the
exchange rates at which all foreign currencies may be acquired through
operations under such section, and shall issue regulations binding upon
all embassies with respect to the exchange rates to be applicable in
each of the respective countries where currency exchanges are authorized
under such section.
(2) In performing the functions authorized under section 2452(b)(10)
of this title, the President shall make suitable arrangements for
protecting the interests of the United States Government in connection
with the ownership, use, and disposition of all foreign currencies
acquired pursuant to exchanges made under such section.
(3) The total amount of United States dollars acquired by any
individual through currency exchanges under the authority of section
2452(b)(10) of this title shall in no event exceed $3,000 during any
academic year.
(4) An individual shall be eligible to exchange foreign currency for
United States dollars at United States embassies under section 2452(b)(
10) of this title only if he gives satisfactory assurances that (A) he
will devote essentially full time to his proposed educational activity
in the United States and will maintain good standing in relation to such
program; (B) he will return to the country of his citizenship or
nationality prior to coming to the United States and will render such
public service as is determined acceptable for a period of time
determined reasonable and necessary by the government of such country;
and (C) he will not apply for an immigrant visa or for permanent
residence or for a nonimmigrant visa under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) after having received any
benefits under such section for a period of time equal to the period of
study, research, instruction, or other educational activity he performed
pursuant to such section.
(5) As used in section 2452(b)(10) of this title, the term ''excess
foreign currencies'' means foreign currencies, which if acquired by the
United States (A) would be in excess of the normal requirements of
departments, agencies, and embassies of the United States for such
currencies, as determined by the President, and (B) would be available
for the use of the United States Government under applicable agreements
with the foreign country concerned.
(Pub. L. 87-256, 104, Sept. 21, 1961, 75 Stat. 529; Pub. L. 87-793,
1001(j), Oct. 11, 1962, 76 Stat. 865; Pub. L. 89-698, title II, 203(
b), Oct. 29, 1966, 80 Stat. 1071; 1977 Reorg. Plan No. 2, 7( a)(2), 42
F.R. 62461, 91 Stat. 1637; Pub. L. 95-426, title II, 204( a), Oct. 7,
1978, 92 Stat. 973; Pub. L. 96-60, title II, 203(a)(1), Aug. 15, 1979,
93 Stat. 398; Pub. L. 96-465, title II, 2205(7), 2206(a)(9), Oct. 17,
1980, 94 Stat. 2160, 2162; Pub. L. 97-241, title III, 303(b), Aug. 24,
1982, 96 Stat. 291.)
This chapter, referred to in subsecs. (a), (b), (d), (e)(1), (2),
(4), was in the original ''this Act'', meaning Pub. L. 87-256, Sept.
21, 1961, 75 Stat. 527, as amended, known as the Mutual Educational and
Cultural Exchange Act of 1961. For complete classification of this Act
to the Code, see Short Title note set out under section 2451 of this
title and Tables.
The Immigration and Nationality Act, referred to in subsec. (g)(4),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 ( 1101 et seq.) of Title 8, Aliens
and Nationality. For complete classification of this Act to the Code,
see Short Title note set out under section 1101 of Title 8 and Tables.
In subsec. (b), ''chapter 51 and subchapter III of chapter 53 of
title 5'' and ''section 5108 of title 5'' substituted for ''the
Classification Act of 1949, as amended'' and ''section 505 of the
Classification Act of 1949, as amended'', respectively, on authority of
Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the first section
of which enacted Title 5, Government Organization and Employees. In the
original, section 1105 of title 5 read section 505 of the Classification
Act of 1949, as amended.
1980 -- Subsec. (c). Pub. L. 96-465, 2205(7), struck out subsec.
(c) which related to employment or assignment of persons in or to
Foreign Service Reserve or Foreign Service Staff and alien clerks and
employees.
Subsec. (d). Pub. L. 96-465, 2206(a)(9), among other changes,
substituted reference to section 3950 of this title for reference to
section 928 of this title and struck out provisions relating to the
applicability of section 807 of this title.
1979 -- Subsec. (f). Pub. L. 96-60 struck out subsec. (f) relating
to investigation-of-employees requirement.
1978 -- Subsec. (e)(1). Pub. L. 95-426 substituted ''Director of the
International Communication Agency'' for ''President''.
1966 -- Subsec. (g). Pub. L. 89-698 added subsec. (g).
1962 -- Subsec. (b). Pub. L. 87-793 substituted ''but not in excess
of the highest rate of grade 18 of the General Schedule for ''and of
these not to exceed five may be compensated at a rate in excess of the
highest rate provided for grades of the general schedule established by
the Classification Act of 1949, as amended, but not in excess of $1,000
per annum more than such highest rate''.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section 209
of Pub. L. 96-60, set out as an Effective Date note under section 1469
of this title.
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962, see section 1008 of Pub.
L. 87-793.
''Director of the United States Information Agency'' substituted for
''Director of the International Communication Agency'' in subsecs. (d)
and (e)(1), (3), and (4), pursuant to section 303(b) of Pub. L.
97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note
under section 1461 of this title. Previously, ''Director of the
International Communication Agency'' substituted for ''Secretary of
State'' in subsec. (c) and for ''President'' in subsecs. (d), (e)(3),
(4), pursuant to Reorg. Plan No. 2 of 1977, 7(a)(2), 42 F.R. 62461, 91
Stat. 1637, set out under section 1461 of this title, effective on or
before July 1, 1978, at such time as specified by President, which
transferred functions vested in President, Secretary of State,
Department of State, United States Information Agency or Director
thereof, under this chapter, to Director of International Communication
Agency, except (A) for such functions as are vested by subsecs. (a),
(e)(1), (2), (f), (g) of this section, sections 2452(b)(6), (10), 2455(
a), (b), (c), 2456(a) and 2458 of this title, (B) for such functions as
are vested by subsec. (b) of this section and sections 2455(d)(2), (f),
and 2456(d), (f) of this title, to the extent that such functions were
assigned to Secretary of Health, Education, and Welfare (now Secretary
of Education) immediately prior to effective date of Reorg. Plan No. 2
of 1977, and (C) for such functions as are vested by section 2456(b),
(c) of this title to the extent that any such function therein is vested
in President or Secretary of State.
For transfer of functions and offices (relating to education) of
Secretary and Department of Health, Education, and Welfare to Secretary
and Department of Education, and termination of certain offices and
positions under Ex. Ord. No. 11034, June 25, 1962, as amended, set out
under this section, see sections 3441 and 3503 of Title 20, Education.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, as amended by Ex.
Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627; Ex. Ord. No. 12292, Feb.
23, 1981, 46 F.R. 13967; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617, provided:
By virtue of the authority vested in me by the Mutual Educational and
Cultural Exchange Act of 1961 (Public Law 87-256; 75 Stat. 527;
hereinafter referred to as the Act) (this chapter) and as President of
the United States, I find that the delegations set forth in this order
are in the interest of the purposes expressed in the said Act and the
efficient administration of the programs undertaken pursuant to that Act
and determine that the delegates specified in the order are appropriate
and I hereby order as follows:
Section 1. Department of State. (a) The following functions
conferred upon the President by the Act are hereby delegated to the
Secretary of State:
(1) The functions so conferred by Sections 102(a)(1), 102(a)(2)(i),
(ii), and (iv), 102(b)(3), (5) and (9), 103, 104(e)(3), and 105(d)(1)
and (e) of the Act (sections 2452(a)(1), (2)(i), (ii), (iv), (b)(3),
(5), (9), 2453, subsec. (e)(3) of this section, and 2455(d)(1), (e) of
this title).
(2) The functions so conferred by Sections 102(a)(2)(iii) and (b)(
1), (2), (4), (7) and (8) of the Act (the provisions of Section 2(a) of
this order notwithstanding) (section 2452(a)(2)(iii), (b)(1), (2), (4),
(7), (8) of this title).
(3) The functions so conferred by Section 102(a)(3) of the Act
(section 2452(a)(3) of this title) to the extent that they pertain to
liquidation of affairs respecting the Universal and International
Exhibition of Brussels, 1958.
(4) The functions so conferred by Sections 104(d) and (e)(4) and
108(c) and (d) of the Act (subsecs. (d), (e)(4) of this section and
section 2458(c), (d) of this title) to the extent that they pertain to
the functions delegated by the foregoing provisions of this section.
(5) The function so conferred by Section 104(e)(1) of the Act
(subsec. (e)(1) of this section) of prescribing rates for per diem in
lieu of subsistence; but in carrying out the said function as it
relates to functions herein delegated to the Director of the United
States Information Agency or the Secretary of Education, the Secretary
of State shall consult with them.
(b) The Secretary of State, in collaboration with the Director of the
United States Information Agency, the Secretary of Commerce, and the
Secretary of Education with respect to the functions delegated by
Sections 2, 3, and 4, respectively, of this order, shall prepare and
transmit to the President the reports which the President is required to
submit to the Congress by Section 108(b) of the Act (section 2458(b) of
this title), excluding, however, the reports for which the Director of
the United States Information Agency is responsible under section 2( b)
of this order.
(c) With respect to the carrying out of functions under Section 102(
a)(2)(ii) of the Act (section 2452(a)(2)(ii) of this title) hereinabove
delegated to the Secretary of State, the Director of the United States
Information Agency shall participate in the planning of cultural and
other attractions. Such participation shall include consultation in
connection with (1) the selection and scheduling of such attractions,
and (2) the designation of the areas where the attractions will be
presented.
Sec. 2. United States Information Agency. (a) Subject to the
provisions of Section 6 of this order, the following functions conferred
upon the President by the Act are hereby delegated to the Director of
the United States Information Agency:
(1) The functions so conferred by Sections 102(a)(2)(iii) and (b)(1)
(section 2452(a)(2)(iii), (b)(1) of this title); Section 102(b)(2)
(section 2452(b)(2) of this title) to the extent that it authorizes the
type of centers now supported by the United States Information Agency
abroad and designated as binational, community, or student centers;
section 102(b)(4) (section 2452(b)(4) of this title) exclusive of
professorships and lectureships; and Sections 102(b)(7) and (8) of the
Act (section 2452(b)(7), (8) of this title); all of the foregoing
notwithstanding the provisions of Section 1(a)(2) of this order.
(2) The functions so conferred by Section 104(e)(4) of the Act
(subsec. (e)(4) of this section) (the provisions of Sections 1(a)(4) and
3(b) of this order notwithstanding).
(3) The functions so conferred by Section 102(a)(3) of the Act
(section 2452(a)(3) of this title) to the extent that they are in
respect of fairs, expositions, and demonstrations held outside of the
United States, but exclusive of the functions delegated by the
provisions of Section 1(a)(3) of this order.
(4) The functions so conferred by Sections 104(d) and 108(c) and (d)
of the Act (subsec. (d) of this section and section 2458(c), (d) of this
title) to the extent that they pertain to the functions delegated by the
foregoing provisions of this section.
(b) The Director of the United States Information Agency shall
prepare and transmit to the President the reports which the President is
required to submit to the Congress by section 108(b) of the Act (section
2458(b) of this title) to the extent that they are with respect to
activities carried out by the United States Information Agency pursuant
to section 102(a)(2)(iii) and section 102(a)(3) of the Act (section
2452(a)(2)(iii) and (a)(3) of this title).
(c) The functions so conferred by Section 102(a)(3) of the Act
(section 2452(a)(3) of this title) to the extent that they are in
respect of fairs, expositions, and demonstrations held outside of the
United States, but exclusive of the functions delegated by the
provisions of Section 1(a)(3) of this order.
(d) The functions so conferred by Sections 104(d) and 108(c) and (d)
of the Act (subsec. (d) of this section and section 2458(c), (d) of this
title) to the extent that they pertain to the functions delegated by the
foregoing provisions of this section.
Sec. 3. Department of Commerce. Subject to the provisions of Section
6 of this order, the following functions conferred upon the President by
the Act are hereby delegated to the Secretary of Commerce:
(a) The functions so conferred by Section 102(a)(3) of the Act
(section 2452(a)(3) of this title) to the extent that they are in
respect of fairs, expositions, and demonstrations held in the United
States.
(b) The functions so conferred by Sections 104(e)(4) and 108(c) of
the act (subsec. (e)(4) of this section and section 2458(c) of this
title) to the extent that they pertain to the functions delegated by the
foregoing provisions of this section.
Sec. 4 Department of Education. Subject to the provisions of Section
6 of this order, the functions conferred upon the President by Section
102(b)(6) of the Act (section 2452(b)(6) of this title) are hereby
delegated to the Secretary of Education.
Sec. 5. Certain incidental matters. (a) In respect of functions
hereinabove delegated to them, there is hereby delegated to the
Secretary of State, the Director of the United States Information
Agency, the Secretary of Commerce, and the Secretary of Education,
respectively:
(1) The authority conferred upon the President by Sections 105(d)(2)
and (f) and 106(d) and (f) of the Act (sections 2455(d)(2), (f) and
2456(d), (f) of this title).
(2) Subject to the provisions of Section 5(b) and (c) of this order,
the authority conferred upon the President by Section 104(b) of the Act
(subsec. (b) of this section) to employ personnel.
(b) The employment, by any department or other executive agency under
Section 5(a)(2) of this order, of any of the not to exceed ten persons
who may be compensated with regard to the Classification Act of 1949
(chapter 51 and subchapter III of chapter 53 of Title 5, Government
Organization and Employees) under Section 104(b) of the Act (subsec. (b)
of this section) shall require prior authorization by the Secretary of
State concurred in by the Director of the Office of Management and
Budget.
(c) Persons employed or assigned by a department or other executive
agency for the purpose of performing functions under the Act outside the
United States shall be entitled, except in cases in which the period of
employment or assignment exceeds thirty months, to the same benefits as
are provided by section 310 of the Foreign Service Act of 1980 (22
U.S.C. 3950). In cases in which the period of employment or assignment
exceeds thirty months, persons so employed or assigned shall be entitled
to such benefits if agreed by the agency in which such benefits may be
exercised.
(d) Pursuant to Section 104(f) of the Act (subsec. (f) of this
section), Executive Order No. 10450 of April 27, 1953 (18 F.R. 2489)
(set out as a note under section 7311 of Title 5, Government
Organization and Employees) is hereby established as the standards and
procedures for the employment or assignment to duties of persons under
the Act.
(e) Any officer to whom functions vested in the President by the Act
are hereinabove delegated may (1) allocate to any other officer of the
executive branch of the Government any funds appropriated or otherwise
made available for the functions so delegated to him as he may deem
appropriate for the best carrying out of the functions and (2) make
available, for use in connection with any funds so allocated by him, any
authority he has under this order.
Sec. 6. Policy guidance. In order to assure appropriate coordination
of programs, and taking into account the statutory functions of the
departments and other executive agencies concerned, the Secretary of
State shall exercise primary responsibility for Government-wide
leadership and policy guidance with regard to international educational
and cultural affairs.
Sec. 7. Functions reserved to the President. (a) There are hereby
excluded from the functions delegated by the provisions of this order
the functions conferred upon the President with respect to (1) the
delegation of powers under Section 104(a) of the Act (subsec. (a) of
this section), (2) the establishment of standards and procedures for the
investigation of personnel under Section 104(f) of the Act (subsec. (f)
of this section), (3) the transfer of appropriations under Section
105(c) of the Act (section 2455(c) of this title), (4) the appointment
of members of the Board of Foreign Scholarships under Section 106(a)(1)
of the Act (section 2456(a)(1) of this title), (5) the appointment of
members, the designation of a chairman, and the receipt of
recommendations of the United States Advisory Commission on
International Educational and Cultural Affairs under Section 106(b) of
the Act (section 2456(b) of this title), (6) the waiver of provisions of
law or limitations of authority under Section 108(a) of the Act (section
2458(a) of this title), and (7) the submission of annual reports to the
Congress under Section 108(b) of the Act (section 2458( b) of this
title).
(b) Notwithstanding the delegations made by this order, the President
may in his discretion exercise any function comprehended by such
delegations.
Sec. 8. Waivers. (a) It is hereby determined that the performance by
any department or other executive agency of functions authorized by
Sections 102(a)(2) and 102(a)(3) of the Act (22 U.S.C. 2452(a)(2) and
(3)) without regard to prohibitions and limitations of authority
contained in the following-specified provisions of law is in furtherance
of the purposes of the Act:
(1) Section 15 of the Administrative Expenses Act of 1946 (c. 744,
August 2, 1946; 60 Stat. 810), as amended (5 U.S.C. 55a) (section
3109(b) of Title 5, Government Organization and Employees) (experts and
consultants; but the compensation paid individuals in pursuance of this
paragraph shall not exceed the rate of $100.00 per diem.
(2) Section 16(a) of the Administrative Expenses Act of 1946 (c.
744, August 2, 1946; 60 Stat. 810; 5 U.S.C. 78) (section 1343, 1344,
and 1349(b) of Title 31, Money and Finance) to the extent that it
pertains to hiring automobiles and aircraft.
(3) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)
(section 3324(a) and (b) of Title 31) (advance of funds).
(4) Section 322 of the Act of June 30, 1932, c. 314, 47 Stat. 412
(40 U.S.C. 278a) (maximum charges).
(5) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)
(competitive bids).
(6) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening of
bids).
(7) Section 2 of the Act of March 3, 1933, c. 212, 47 Stat. 1520
(41 U.S.C. 10a) (Buy American Act).
(8) Section 3735 of the Revised Statutes (41 U.S.C. 13) (contracts
limited to one year).
(9) Sections 302-305 of the Federal Property and Administrative
Services Act of 1949 (June 30, 1949, c. 288, 63 Stat. 393 et seq.), as
amended (41 U.S.C. 252-255) (competitive bids; negotiated contracts;
advances).
(10) Section 87 of the Act of January 12, 1895, c. 23, 28 Stat.
622, and the second proviso of Section 11 of the Act of March 1, 1919,
c. 86, 40 Stat. 1270, as amended (44 U.S.C. 111) (section 501 of Title
44, Public Printing and Documents) to the extent that they pertain to
printing by the Government Printing Office.
(11) Section 1 of the Act of June 20, 1978, c. 359, 20 Stat. 216, as
amended (44 U.S.C. 322) (section 3703 of Title 44) (advertising).
(12) Section 3828 of the Revised Statutes (44 U.S.C. 324) (section
3702 of Title 44) (advertising).
(13) Section 901(a) of the Merchant Marine Act, 1936 (June 29, 1936,
c. 858, 49 Stat. 2015, as amended; 46 U.S.C. 1241(a)) (official travel
overseas of United States officers and employees, and transportation of
their personal effects, on ships registered under the laws of the United
States).
(14) Any provision of law or limitation of authority to the extent
that such provision or limitation would limit or prohibit construction
of buildings by the United States on property not owned by it.
(15) Any provision of law or limitation of authority to the extent
that such provision or limitation would limit or prohibit (i) receipt of
admission fees or payments under contracts through advances or
otherwise, for concessions, services, space, or other consideration, and
the credit of such receipts to the applicable appropriation, and (ii)
rental or lease for periods not exceeding ten years of buildings and
grounds.
(b) It is directed (1) that all waivers of statutes and limitations
of authority effected by the foregoing provisions of this section shall
be utilized in a prudent manner and as sparingly as may be practical,
and (2) that suitable steps shall be taken by the administrative
agencies concerned to insure that result, including, as may be
appropriate, the imposition of administrative limitations in lieu of
waived statutory requirements and limitations of authority.
Sec. 9. Definition. As used in this order, the word ''function'' or
''functions'' includes any duty, obligation, power, authority,
responsibility, right, privilege, discretion, or activity.
Sec. 10. References to orders and acts. Except as may for any reason
be inappropriate:
(a) References in this order to the Act or any provision of the Act
shall be deemed to include references thereto as amended from time to
time.
(b) References in this order to any prior Executive order not
superseded by this order shall be deemed to include references thereto
as amended from time to time.
(c) References in this order to this order shall be deemed to include
references thereto as amended from time to time.
Sec. 11. Prior directives and actions. (a) This order supersedes
Executive Order No. 10716 of June 17, 1957, and Executive Order No.
10912 of January 18, 1961. Except to the extent that they may be
inconsistent with law or with this order, other directives, regulations,
and actions relating to the functions delegated by this order and in
force immediately prior to the issuance of this order shall remain in
effect until amended, modified, or revoked by appropriate authority.
(b) This order shall neither limit nor be limited by Executive Order
No. 11014 of April 17, 1962 (set out as a note under this section).
(c) To the extent not heretofore superseded, there are hereby
superseded the provisions of the letters of the President to the
Director of the United States Information Agency dated August 16, 1955,
and August 21, 1956 (22 F.R. 101-103).
Sec. 12. Effective date. The provisions of this order shall be
effective immediately.
Ex. Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627, provided:
By virtue of the authority vested in me by the Mutual Educational and
Cultural Exchange Act of 1961 (75 Stat. 527; 22 U.S.C. 2451 et seq.)
and section 301 of title 3 of the United States Code, and as President
of the United States, it is ordered as follows:
Section 101. Executive Order No. 11034 of June 25, 1962 (set out as
a note above), is hereby amended as follows:
(1) By changing the period at the end of section 1(b) to a comma and
by inserting after that comma the following: ''excluding, however, the
reports for which the Director of the United States Information Agency
is responsible under section 2(b) of this order.''.
(2) By substituting for the paragraph designations (a), (b), (c), and
(d) in section 2 new paragraph designations (1), (2), (3), and (4),
respectively; by inserting the subsection designation (a) after the
catchline of section 2; and by adding a new subsection (b) of section
2, reading as follows:
(b) The Director of the United States Information Agency shall
prepare and transmit to the President the reports which the President is
required to submit to the Congress by section 108(b) of the Act (section
2458(b) of this title) to the extent that they are with respect to
activities carried out by the United States Information Agency pursuant
to section 102(a)(2)(iii) and section 102(a)(3) of the Act (section
2452(a)(2)(iii) and (a)(3) of this title).
(3) By adding a new paragraph at the end of section 8(a), reading as
follows:
''(15) Any provision of law or limitation of authority to the extent
that such provision or limitation would limit or prohibit (i) receipt of
admission fees or payments under contracts through advances or
otherwise, for concessions, services, space, or other consideration, and
the credit of such receipts to the applicable appropriation, and (ii)
rental or lease for periods not exceeding ten years of buildings and
grounds.''
(4) By adding a new paragraph at the end of section 10, reading as
follows:
''(c) References in this order to this order shall be deemed to
include references thereto as amended from time to time.''
Sec. 2. It is hereby determined that the performance by any
department or other executive agency of functions authorized by sections
102(a)(2) and 102(a)(3) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2452(a)(2) and (3)) without regard to the
provisions and limitations referred to in section (8)(a)(15) of
Executive Order No. 11034 of June 25, 1962 (to the extent set forth in
the latter section) is in furtherance of the purposes of that Act.
Sec. 201. Executive Order No. 10903 of January 9, 1961, as amended
(set out as a note under section 5921 of Title 5, Government
Organization and Employees), is hereby further amended by inserting at
the end of section 1 thereof a new paragraph (g), reading as follows:
''(g) The authority vested in the President by section 5912 of title
5 of the United States Code to approve regulations prescribed by heads
of agencies (under which employees who are citizens of the United States
permanently stationed in foreign countries may be furnished, without
cost to them, living quarters, including heat, fuel, and light, in
government-owned or rented buildings).''
Lyndon B. Johnson.
Ex. Ord. No. 11770, Feb. 21, 1974, 39 F.R. 7127, provided:
By virtue of the authority vested in me by section 104 of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2454;
hereinafter referred to as the act), and section 301 of Title 3 of the
United States Code, and as President of the United States, it is hereby
ordered as follows:
Section 1. The Secretary of the Interior is authorized, with respect
to the International Symposium on Geothermal Energy to be held in San
Francisco, California, in May 1975, to perform the functions conferred
by section 102(b)(5), (7), and (8) of the act (section 2452( b)(5), (7)
and (8) of this title).
Sec. 2. I find that the delegation made by section 1 of this order is
in the interest of the purposes expressed in the act and the efficient
administration of the International Symposium on Geothermal Energy.
Sec. 3. The delegation made by this order shall become effective upon
the expiration of sixty days while the Congress is in session. In
computing that sixty days, there shall be excluded days on which either
House is not in session because of an adjournment of more than three
days.
Richard Nixon.
22 USC 2455. Appropriations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization; contracts creating obligations in advance of
appropriations
Appropriations to carry out the purposes of this chapter, to remain
available until expended, are authorized, and this authorization
includes the authority to grant, in any appropriation Act, the authority
to enter into contracts, within the amounts so authorized, creating
obligations in advance of appropriations.
(b) Acquisition of foreign currencies
Funds appropriated for programs under this chapter may, without
regard to section 3651 /1/ of the Revised Statutes (31 U.S.C. 543), be
used for the acquisition from any source of foreign currencies in such
amounts as may be necessary for current expenditures and for grants,
including grants to foundations and commissions in accordance with
international agreements providing for the accomplishment of the
purposes of this chapter.
(c) Transfer of funds
Moneys appropriated to any department or agency of the Government in
furtherance of the purposes of this chapter for research, technical aid,
and educational and cultural programs, may be transferred by the
President to any other appropriation available for like purposes, but no
appropriation authorized by this chapter shall be increased or decreased
by more than 10 per centum by reason of transfers pursuant to this
subsection.
(d) Reserve and use of certain funds
The President is authorized --
(1) to reserve in such amounts and for such periods as he shall
determine to be necessary to provide for the programs authorized by
subsections (a)(1), (2)(i) of section 2452 of this title, and
(2) notwithstanding the provisions of any other law, to use in such
amounts as may from time to time be specified in appropriation Acts, to
the extent that such use is not restricted by agreement with the foreign
nations concerned, for any programs authorized by this chapter,
any currencies of foreign nations received or to be received by the
United States or any agency thereof --
(i) under agreements disposing of surplus property or settling
lend-lease and other war accounts concluded after World War II;
(ii) as the proceeds of sales or loan repayments, including interest,
for transactions heretofore or hereafter effected under the Agricultural
Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1691
et seq.);
(iii) in repayment of principal or interest on any other credit
extended or loan heretofore or hereafter made by the United States or
any agency thereof; or
(iv) as deposits to the account of the United States pursuant to
section 1513(b)(6) /1/ or section 1513(h) /1/ of this title, or any
similar provision of any other law.
(e) Reservation and use of sums due or paid by the Republic of
Finland
The Director of the United States Information Agency is further
authorized to reserve and use for educational and cultural exchange
programs and other activities authorized in subsections (a) and (b) of
section 2452 of this title, in relation to Finland and the people of
Finland, all sums due or paid on and after August 24, 1949, by the
Republic of Finland to the United States as interest on or in retirement
of the principal of the debt incurred under the Act of February 25,
1919, as refunded by the agreement dated May 1, 1923, pursuant to the
authority contained in the Act of February 9, 1922, or of any other
indebtedness incurred by that Republic and owing to the United States as
a result of World War I.
(f) Contribution of funds, property, and services by foreign
governments, international organizations, and private individuals,
firms, associations, and agencies
Foreign governments, international organizations and private
individuals, firms, associations, agencies, and other groups shall be
encouraged to participate to the maximum extent feasible in carrying out
this chapter and to make contributions of funds, property, and services
which the President is authorized to accept, to be utilized to carry out
the purposes of this chapter. Funds made available for the purposes of
this chapter may be used to contribute toward meeting the expenses of
activities carried out through normal private channels, by private
means, and through foreign governments and international organizations.
(g) Currency exchanges
Notwithstanding any other provision of this chapter, there are
authorized to be appropriated for the purposes of making currency
exchanges under section 2452(b)(10) of this title, not to exceed
$10,000,000 for the fiscal year ending June 30, 1968, and not to exceed
$15,000,000 for the fiscal year ending June 30, 1969.
(Pub. L. 87-256, 105, Sept. 21, 1961, 75 Stat. 531; Pub. L. 89-698,
title II, 203(c), Oct. 29, 1966, 80 Stat. 1072; 1977 Reorg. Plan No.
2, 7(a)(2), 42 F.R. 62461, 91 Stat. 1637; Pub. L. 97-241, title III,
303(b), Aug. 24, 1982, 96 Stat. 291.)
This chapter, referred to in subsecs. (a) to (d), (f), and (g), was
in the original ''this Act'', meaning Pub. L. 87-256, Sept. 21, 1961,
75 Stat. 527, as amended, known as the Mutual Educational and Cultural
Exchange Act of 1961. For complete classification of this Act to the
Code, see Short Title note set out under section 2451 of this title and
Tables.
Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to in
subsec. (b), was repealed by Pub. L. 97-258, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
The Agricultural Trade Development and Assistance Act of 1954, as
amended, referred to in subsec. (d)(2)(ii), is act July 10, 1954, ch.
469, 68 Stat. 454, as amended, which is classified principally to
chapter 41 ( 1691 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set out
under section 1691 of Title 7 and Tables.
Sections 1513(b)(6) and 1513(h) of this title, referred to in subsec.
(d)(2)(iv), were repealed by act Aug. 26, 1954, ch. 937, title V,
542(a), 68 Stat. 861.
The acts of February 25, 1919, and February 9, 1922, referred to in
subsec. (e), are not classified to the Code.
1966 -- Subsec. (g). Pub. L. 89-698 added subsec. (g).
''Director of the United States Information Agency'' substituted for
''Director of the International Communication Agency'' in subsec. (e),
pursuant to section 303(b) of Pub. L. 97-241, title III, Aug. 24, 1982,
96 Stat. 291, set out as a note under section 1461 of this title.
Previously, ''Director of the International Communication Agency''
substituted for ''President'' in subsec. (e), pursuant to Reorg. Plan
No. 2 of 1977, 7(a)(2), 42 F.R. 62461, 91 Stat. 1637, set out under
section 1461 of this title, effective on or before July 1, 1978, at such
time as specified by President, which transferred functions vested in
President, Secretary of State, Department of State, United States
Information Agency or Director thereof, under this chapter, to Director
of International Communication Agency, except (A) for such functions as
are vested by subsecs. (a), (b), and (c) of this section, sections
2452(b)(6), (10), 2454(a), (e)(1), (2), (f), (g), 2456(a) and 2458 of
this title, (B) for such functions as are vested by subsecs. (d)(2) and
(f) of this section, sections 2454(b) and 2456(d), (f) of this title, to
the extent that such functions were assigned to Secretary of Health,
Education, and Welfare (now Secretary of Education) immediately prior to
effective date of Reorg. Plan No. 2 of 1977, and (C) for such
functions as are vested by section 2456(b), (c) of this title to the
extent that any such function therein is vested in President or
Secretary of State.
Functions of President under this section delegated to Secretary of
State, Director of United States Information Agency, Secretary of
Commerce, and Secretary of Education, see Ex. Ord. No. 11034, June 25,
1962, 27 F.R. 6071, set out as a note under section 2454 of this title.
Pub. L. 97-241, title III, 305(c), (d), Aug. 24, 1982, 96 Stat.
294, provided that:
''(c) The amount obligated by the United States Information Agency
each fiscal year for grants for exchange-of-persons activities shall be
increased, through regular annual increases, so that by the fiscal year
1986 the amount obligated for such grants is at least double (in terms
of constant dollars) the amount obligated for such grants for the fiscal
year 1982.
''(d)(1) In furtherance of the purposes of subsection (c), the
Congress directs that of the amount appropriated for the United States
Information Agency for the fiscal year 1983 --
''(A) $84,256,000 shall be available only for grants for the
Fulbright Academic Exchange Programs and the International Visitor
Program; and
''(B) $3,248,000 shall be available only for grants for the Humphrey
Fellowship Program; and
''(C) $8,906,000 shall be available only for grants to private,
not-for-profit organizations engaging in exchange-of-persons programs;
subject to paragraphs (2) and (3) of this subsection.
''(2) If the amount appropriated for the United States Information
Agency for the fiscal year 1983 is less than the amount authorized for
the fiscal year 1983, then the amounts specified in subparagraphs (A)
through (C) of paragraph (1) shall each be deemed to be reduced to the
amount which bears the same ratio to the specified amount as the amount
appropriated bears to the amount authorized. For purposes of this
paragraph --
''(A) the term 'amount appropriated' means the amount appropriated
under section 302 of this Act (section 302 of Pub. L. 97-241, which was
not classified to the Code) (less any rescissions), and does not include
amounts appropriated under section 704 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1477b) (relating to
nondiscretionary personnel costs and currency fluctuations) or under any
other provision of law; and
''(B) the term 'amount authorized' means the amount authorized to be
appropriated by section 302 of this Act (section 302 of Pub. L. 97-241,
which was not classified to the Code), less an amount equal to any
amount which was withheld from appropriation (or was rescinded) in order
to reduce the amount available for a particular program or activity.
''(3) The Director of the United States Information Agency may
authorize up to 5 percent of the amount earmarked under subparagraph
(A), (B), or (C) of paragraph (1) to be used for a purpose other than
the exchange-of-persons activities specified in that subparagraph. Not
less than 15 days prior to any such authorization, the Director shall
submit to the Committee on Foreign Affairs of the House of
Representatives, and to the Committee on Foreign Relations of the
Senate, a justification for authorizing the use of earmarked funds for a
purpose other than the specified exchange-of-persons activities.''
/1/ See References in Text note below.
22 USC 2456. J. William Fulbright Foreign Scholarship Board
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Appointment; members; considerations for selection
(1) For the purpose of selecting students, scholars, teachers,
trainees, and other persons to participate in the programs authorized
under section 2452(a)(1) of this title, and of supervising such programs
and the programs authorized under section 2452(b)(4) and (6) of this
title, there is continued the authority of the President to appoint a
board of foreign scholarships which shall be known as the ''J. William
Fulbright Foreign Scholarship Board'' (hereinafter referred to as the
''Board'') consisting of twelve members. In connection with
appointments to such Board, due consideration shall be given to the
selection of distinguished representatives of cultural, educational,
student advisory, and war veterans groups, and representatives of the
United States Department of Education, the United States Department of
Veterans Affairs, public and private nonprofit educational institutions.
(2) In the selection of American citizens for participation in
programs under this chapter, preference shall be given to those who have
served in the Armed Forces of the United States, and due consideration
shall be given to applicants from all geographical areas of the United
States.
(b), (c) Omitted
(d) Creation of interagency and other advisory committees;
conferences of persons
The President is authorized to create such interagency and other
advisory committees as in his judgment may be of assistance in carrying
out the purposes of this chapter, and from time to time to convene
conferences of persons interested in educational and cultural affairs to
consider matters relating to the purposes of this chapter.
(e) Availability of appropriations for expenses; transportation
expenses and per diem; compensation of members of Board and Committees
The provisions of section 1346(b) of title 31 shall be applicable to
any interagency committee created pursuant to the provisions of this
chapter. Members of the committees provided for in this section shall
be entitled (i) to transportation expenses and per diem in lieu of
subsistence at the rate prescribed by or established pursuant to section
5703 of title 5 while away from home in connection with attendance at
meetings or in consultation with officials of the Government or
otherwise carrying out duties as authorized, and (ii) if not otherwise
in the employ of the United States Government, to compensation at rates
not in excess of $50 per diem while performing services for such
committees. Members of the Board shall be entitled to such expenses and
per diem in lieu of subsistence as provided for under clause (i) of the
preceding sentence and, while performing services for the Board, to
compensation at a rate, prescribed by the Director of the United States
Information Agency, not in excess of the daily rate for the first step
of GS-15 of the General Schedule under section 5332 of title 5.
(f) Secretarial and staff assistance
The President is authorized to provide for necessary secretarial and
staff assistance for the Board and such committees as may be created
under this section.
(Pub. L. 87-256, 106, Sept. 21, 1961, 75 Stat. 532; 1977 Reorg.
Plan No. 2, 8(b), 9(a)(3), (6), 42 F.R. 62461, 91 Stat. 1638, 1639;
Pub. L. 96-60, title II, 205(a), Aug. 15, 1979, 93 Stat. 401; Pub. L.
96-88, title III, 301(b)(2), title V, 507, Oct. 17, 1979, 93 Stat. 678,
692; Pub. L. 97-241, title III, 303(b), Aug. 24, 1982, 96 Stat. 291;
Pub. L. 101-246, title II, 204(a)(1), Feb. 16, 1990, 104 Stat. 49; Pub.
L. 102-54, 13(h)(1), June 13, 1991, 105 Stat. 275.)
This chapter, referred to in subsecs. (a), (d), and (e), was in the
original ''this Act'', meaning Pub. L. 87-256, Sept. 21, 1961, 75
Stat. 527, as amended, known as the Mutual Educational and Cultural
Exchange Act of 1961. For complete classification of this Act to the
Code, see Short Title note set out under section 2451 of this title and
Tables.
Subsec. (b), which established the United States Advisory Commission
on International Educational and Cultural Affairs to replace the United
States Advisory Commission on Educational Exchange, and provided for its
functions and the appointment and terms of its members, and the
provisions of subsecs. (e) and (f) referring to the ''Commission'',
were omitted pursuant to Reorg. Plan No. 2 of 1977, 9(a)(3), 42 F.R.
62461, 91 Stat. 1639, set out under section 1461 of this title, which
abolished that Commission effective on or before July 1, 1978, at such
time as specified by the President.
Subsec. (c), which related to the continuation of the Advisory
Committee on the Arts and the appointment, qualifications, and terms of
office of its members, and the provisions of subsecs. (e) and (f)
referring to the ''Committee'', were omitted pursuant to Reorg. Plan
No. 2 of 1977, 9(a)(6), set out under section 1461 of this title, which
abolished the Committee, all functions thereof, and all functions
relating thereto, effective on or before July 1, 1978, at such time as
specified by the President.
In subsec. (e), ''section 1346(b) of title 31'' substituted for
''section 214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C.
691)'' on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and Finance.
In subsec. (e), ''section 5703 of title 5'' substituted for
''section 5 of the Administrative Expense Act of 1946, as amended (5 U.
S.C. 73b-2)'' on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80
Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees.
1991 -- Subsec. (a)(1). Pub. L. 102-54 substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
1990 -- Subsec. (a)(1). Pub. L. 101-246 substituted ''board of
foreign scholarships which shall be known as the 'J. William Fulbright
Foreign Scholarship Board''' for ''Board of Foreign Scholarships''.
1979 -- Subsec. (e). Pub. L. 96-60 struck from second sentence ''the
Board,'' before ''the Commission'' and from cl. (ii) thereof ''such
Board,'' before ''Commission'' and provided for entitlement of members
of the Board to expenses and per diem in lieu of subsistence and to
compensation for services not exceeding a daily rate for first step,
GS-15 of General Schedule.
Section 205(b) of Pub. L. 96-60 provided that: ''The amendments
made by subsection (a) (to subsec. (e) of this section) shall take
effect on October 1, 1979.''
''Department of Education'' substituted for ''Office of Education''
in subsec. (a), pursuant to sections 301(b)(2) and 507 of Pub. L.
96-88, which are classified to sections 3441(b)(2) and 3507 of this
title and which transferred the Office of Education to the Department of
Education.
''Director of the United States Information Agency'' substituted for
''Director of the International Communication Agency'' in subsec. (e),
pursuant to section 303(b) of Pub. L. 97-241, title III, Aug. 24, 1982,
96 Stat. 291, set out as a note under section 1461 of this title.
Functions vested in President, Secretary of State, Department of
State, United States Information Agency or Director thereof under this
chapter transferred to Director of International Communication Agency by
section 7(a)(2) of Reorg. Plan No. 2 of 1977, set out under section
1461 of this title, effective on or before July 1, 1978, at such time as
specified by President, except (A) for such functions as are vested by
subsec. (a) of this section, sections 2452(b)(6), (10), 2454(a),
(e)(1), (2), (f), (g), 2455(a), (b), (c) and 2458 of this title, (B) for
such functions as are vested by subsecs. (d) and (f) of this section,
sections 2454(b) and 2455(d)(2), (f) of this title, to extent that such
functions were assigned to Secretary of Health, Education, and Welfare
(now Secretary of Education) immediately prior to effective date of
Reorg. Plan No. 2 of 1977, and (C) for such functions as are vested by
subsecs. (b) and (c) of this section to extent that any function
therein is vested in President or Secretary of State.
Functions of President under this section delegated to Secretary of
State, Director of United States Information Agency, Secretary of
Commerce, and Secretary of Education, see Ex. Ord. No. 11034, June 25,
1962, 27 F.R. 6071, set out as a note under section 2454 of this title.
Advisory commissions or committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year period following
Jan. 5, 1973, unless, in the case of a commission or committee
established by the President or an officer of the Federal Government,
such commission or committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a commission or
committee established by the Congress, its duration is otherwise
provided for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct.
6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,
Government Organization and Employees.
Section 204(b) of Pub. L. 101-246 provided that: ''Each member
appointed to the Board of Foreign Scholarships before the date of the
enactment of this Act (Feb. 16, 1990) shall continue to serve for the
remainder of the term to which each such member was appointed.''
Section 204(c) of Pub. L. 101-246 provided that: ''Any reference in
any provision of law to the Board of Foreign Scholarships shall, on and
after the date of enactment of this Act (Feb. 16, 1990), be deemed to be
a reference to the J. William Fulbright Foreign Scholarship Board.''
22 USC 2457. Reports by Board
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Board shall submit annual reports to the Congress and such other
reports to the Congress as it deems appropriate, and shall make reports
to the public in the United States and abroad to develop a better
understanding of and support for the programs authorized by this
chapter.
(Pub. L. 87-256, 107, Sept. 21, 1961, 75 Stat. 534; 1977 Reorg.
Plan No. 2, 9(a)(3), (6), 42 F.R. 62461, 91 Stat. 1639.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527, as amended,
known as the Mutual Educational and Cultural Exchange Act of 1961. For
complete classification of this Act to the Code, see Short Title note
set out under section 2451 of this title and Tables.
Provisions relating to the submission of reports to Congress by the
United States Advisory Commission on International Educational and
Cultural Affairs (which replaced the United States Advisory Commission
on Educational Exchange), and the Advisory Committee on the Arts, were
omitted pursuant to Reorg. Plan No. 2 of 1977, 9(a)(3), (6), 42 F.R.
62461, 91 Stat. 1639, set out under section 1461 of this title, which
abolished the Commission and the Committee effective on or before July
1, 1978, at such time as specified by the President.
Advisory commissions or committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year period following
Jan. 5, 1973, unless, in the case of a commission or committee
established by the President or an officer of the Federal Government,
such commission or committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a commission or
committee established by the Congress, its duration is otherwise
provided for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct.
6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,
Government Organization and Employees.
22 USC 2458. Authority of President
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Performance of certain functions without regard to other laws;
appropriation credits upon reimbursement for services in connection with
exchange activities
(1) Whenever the President determines it to be in furtherance of this
chapter, the functions authorized in section 2452(a)(2) and (3) of this
title may be performed without regard to such provisions of law or
limitations of authority regulating or relating to the making,
performance, amendment, or modification of contracts, the acquisition
and disposition of property, and the expenditure of Government funds, as
he may specify.
(2) Notwithstanding any other provision of law, the Director of the
United States Information Agency may provide, on a reimbursable basis,
services within the United States in connection with exchange activities
otherwise authorized by this chapter when such services are requested by
a department or executive agency. Reimbursements under this paragraph
shall be credited to the applicable appropriation of the Agency.
(b) Periodic reports of activities and expenditures
The President shall submit periodic reports to the Congress of
activities carried on and expenditures made in furtherance of the
purposes of this chapter and of the United States Information and
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.).
(c) Expenditures in selection, purchase, rental, construction, or
other acquisition of exhibits and materials and equipment therefor
In connection with activities authorized by section 2452(a)(2) and
(3) of this title, the President is authorized to provide for all
necessary expenditures involved in the selection, purchase, rental,
construction, or other acquisition of exhibits and materials and
equipment therefor, and the actual display thereof, including but not
limited to costs of transportation, insurance, installation, safekeeping
and storage, maintenance and operation, rental of space, and
dismantling.
(d) Utilization of provisions of other laws
The President is authorized to utilize the provisions of title VIII
of the United States Information and Educational Exchange Act of 1948,
as amended (22 U.S.C. 1471 et seq.), to the extent he deems necessary in
carrying out the provisions and purposes of this chapter.
(Pub. L. 87-256, 108, Sept. 21, 1961, 75 Stat. 534; Pub. L. 96-60,
title II, 203(d), Aug. 15, 1979, 93 Stat. 399; Pub. L. 96-470, title
II, 212(a), Oct. 19, 1980, 94 Stat. 2246; Pub. L. 97-241, title III,
303(b), Aug. 24, 1982, 96 Stat. 291.)
This chapter, referred to in subsecs. (a), (b), and (d), was in the
original ''this Act'', meaning Pub. L. 87-256, Sept. 21, 1961, 75
Stat. 527, as amended, known as the Mutual Educational and Cultural
Exchange Act of 1961. For complete classification of this Act to the
Code, see Short Title note set out under section 2451 of this title and
Tables.
The United States Information and Educational Exchange Act of 1948,
as amended, referred to in subsecs. (b) and (d), is act Jan. 27, 1948,
ch. 36, 62 Stat. 6, as amended, which is classified generally to
chapter 18 ( 1431 et seq.) of this title. Title VIII of the Act,
referred to in subsec. (d), is classified generally to subchapter VII (
1471 et seq.) of chapter 18 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1431
of this title and Tables.
1980 -- Subsec. (b). Pub. L. 96-470 substituted provision requiring
periodic reports on activities and expenditures made under this chapter
and the United States Information and Educational Exchange Act of 1948
for provision requiring an annual report be made on activities and
expenditures under this chapter.
1979 -- Subsec. (a). Pub. L. 96-60 designated existing provisions as
par. (1) and added par. (2).
Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section 209
of Pub. L. 96-60, set out as an Effective Date note under section 1469
of this title.
''Director of the United States Information Agency'' substituted for
''Director of the International Communication Agency'' in subsec. (a)(
2), pursuant to section 303(b) of Pub. L. 97-241, title III, Aug. 24,
1982, 96 Stat. 291, set out as a note under section 1461 of this title.
Functions vested in President, Secretary of State, Department of
State, United States Information Agency or Director thereof under this
chapter transferred to Director of International Communication Agency by
Reorg. Plan No. 2 of 1977, 7(a)(2), 42 F.R. 62461, 91 Stat. 1637, set
out under section 1461 of this title, effective on or before July 1,
1978, at such time as specified by President, except (A) for such
functions as are vested by this section, and sections 2452(b)(6), (10),
2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c), 2456(a) of this
title, (B) for such functions as are vested by sections 2454(b), 2455(
d)(2), (f), and 2456(d), (f) of this title, to the extent that such
functions were assigned to Secretary of Health, Education, and Welfare
(now Secretary of Education) immediately prior to effective date of
Reorg. Plan No. 2 of 1977, and (C) for such functions as are vested by
section 2456(b), (c) of this title to the extent that any such function
therein is vested in President or Secretary of State.
Functions of President under this section delegated to Secretary of
State, Director of United States Information Agency, and Secretary of
Commerce, see Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out
as a note under section 2454 of this title.
and Location of Study; National Security
Interests; Report to Congress
Pub. L. 97-241, title I, 126(c), Aug. 24, 1982, 96 Stat. 282,
provided that: ''Not later than July 1 of each year, the Secretary of
State shall submit to the Congress a list of the Soviet nationals
participating during the upcoming academic year in the United
States-Union of Soviet Socialist Republics graduate student/young
faculty exchange or in the United States-Union of Soviet Socialist
Republics senior scholar exchange, their topics of study, and where they
are to study. This report shall also include a determination by the
Secretary of State, in consultation with the heads of the other agencies
involved in these exchange programs, that these exchange programs will
not jeopardize United States national security interests.''
22 USC 2458a. Federal employee participation in cultural exchange
programs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Grants and other foreign government assistance; family or
household expense assistance prohibited; ''Federal employee'' defined
(1) Congress consents to the acceptance by a Federal employee of
grants and other forms of assistance provided by a foreign government to
facilitate the participation of such Federal employee in a cultural
exchange --
(A) which is of the type described in section 2452(a)(2)(i) of this
title,
(B) which is conducted for a purpose comparable to the purpose stated
in section 2451 of this title, and
(C) which is specifically approved by the Director of the United
States Information Agency for purposes of this section;
but the Congress does not consent to the acceptance by any Federal
employee of any portion of any such grant or other form of assistance
which provides assistance with respect to any expenses incurred by or
for any member of the family or household of such Federal employee.
(2) For purposes of this section, the term ''Federal employee'' means
any employee as defined in subparagraphs (A) through (F) of section
7342(a)(1) of title 5, but does not include a person described in
subparagraph (G) of such section.
(b) Foreign grants and other assistance not gifts for purposes of
section 7342 of title 5
The grants and other forms of assistance with respect to which the
consent of Congress is given in subsection (a) of this section shall not
constitute gifts for purposes of section 7342 of title 5.
(c) Regulations
The Director of the United States Information Agency is authorized to
promulgate regulations for purposes of this section.
(Pub. L. 87-256, 108A, as added Pub. L. 94-350, title I, 111, July
12, 1976, 90 Stat. 825, and amended 1977 Reorg. Plan No. 2, 7(a)(2), 42
F.R. 62461, 91 Stat. 1637; Pub. L. 96-60, title II, 204(d), Aug. 15,
1979, 93 Stat. 400; Pub. L. 97-241, title III, 303(b) Aug. 24, 1982, 96
Stat. 291.)
1979 -- Subsec. (a)(2). Pub. L. 96-60 substituted ''(F)'' for
''(E)'' and ''(G)'' for ''(F)''.
Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section 209
of Pub. L. 96-60, set out as an Effective Date note under section 1469
of this title.
''Director of the United States Information Agency'' substituted for
''Director of the International Communication Agency'' in subsecs. (a)(
1)(C) and (c), pursuant to section 303(b) of Pub. L. 97-241, title III,
Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of
this title. Previously, ''Director of the International Communication
Agency'' substituted for ''Secretary of State'' in subsecs. (a)(1)(C)
and (c), pursuant to Reorg. Plan No. 2 of 1977, 7( a)(2), 42 F.R.
62461, 91 Stat. 1637, set out under section 1461 of this title,
effective on or before July 1, 1978, at such time as specified by
President, which transferred functions vested in President, Secretary of
State, Department of State, United States Information Agency or Director
thereof, under this chapter, to Director of the International
Communication Agency, except for such functions as are vested by
sections 2452(b)(6), (10), 2454(a), (e)(1), (2), (f), (g), 2455(a), (b),
(c), 2456(a) and 2458 of this title, (B) for such functions as are
vested by sections 2454(b), 2455(d)(2), (f), and 2456( d), (f) of this
title, to the extent that such functions were assigned to Secretary of
Health, Education, and Welfare (now Secretary of Education) immediately
prior to effective date of Reorg. Plan No. 2 of 1977, and (C) for such
functions as are vested by section 2456(b), (c) of this title to the
extent that any such function therein is vested in President or
Secretary of State.
22 USC 2459. Immunity from seizure under judicial process of cultural
objects imported for temporary exhibition or display
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Agreements; Presidential determination; publication in Federal
Register
Whenever any work of art or other object of cultural significance is
imported into the United States from any foreign country, pursuant to an
agreement entered into between the foreign owner or custodian thereof
and the United States or one or more cultural or educational
institutions within the United States providing for the temporary
exhibition or display thereof within the United States at any cultural
exhibition, assembly, activity, or festival administered, operated, or
sponsored, without profit, by any such cultural or educational
institution, no court of the United States, any State, the District of
Columbia, or any territory or possession of the United States may issue
or enforce any judicial process, or enter any judgment, decree, or
order, for the purpose or having the effect of depriving such
institution, or any carrier engaged in transporting such work or object
within the United States, of custody or control of such object if before
the importation of such object the President or his designee has
determined that such object is of cultural significance and that the
temporary exhibition or display thereof within the United States is in
the national interest, and a notice to that effect has been published in
the Federal Register.
(b) Intervention of United States attorney in pending judicial
proceedings
If in any judicial proceeding in any such court any such process,
judgment, decree, or order is sought, issued, or entered, the United
States attorney for the judicial district within which such proceeding
is pending shall be entitled as of right to intervene as a party to that
proceeding, and upon request made by either the institution adversely
affected, or upon direction by the Attorney General if the United States
is adversely affected, shall apply to such court for the denial,
quashing, or vacating thereof.
(c) Enforcement of agreements and obligations of carriers under
transportation contracts
Nothing contained in this section shall preclude (1) any judicial
action for or in aid of the enforcement of the terms of any such
agreement or the enforcement of the obligation of any carrier under any
contract for the transportation of any such object of cultural
significance; or (2) the institution or prosecution by or on behalf of
any such institution or the United States of any action for or in aid of
the fulfillment of any obligation assumed by such institution or the
United States pursuant to any such agreement.
(Pub. L. 89-259, Oct. 19, 1965, 79 Stat. 985.)
Section was not enacted as a part of the Mutual Educational and
Cultural Exchange Act of 1961, which comprises this chapter.
Ex. Ord. No. 11312, Oct. 14, 1966, 31 F.R. 13415, which related to
the delegation of functions to the Secretary of State, was revoked by
Ex. Ord. No. 12047, Mar. 27, 1978, 43 F.R. 13359, set out as a note
below.
Ex. Ord. No. 12047, Mar. 27, 1978, 43 F.R. 13359, as amended by Ex.
Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245, provided:
By virtue of the authority vested in me by the Act of October 19,
1965, entitled ''An Act to render immune from seizure under judicial
process certain objects of cultural significance imported into the
United States for temporary display or exhibition, and for other
purposes'' (79 Stat. 985, 22 U.S.C. 2459), and as President of the
United States of America, it is hereby ordered as follows:
Section 1. The Director of the United States Information Agency is
designated and empowered to perform the functions conferred upon the
President by the above-mentioned Act and shall be deemed to be
authorized, without the approval, ratification, or other action of the
President, (1) to determine that any work of art or other object to be
imported into the United States within the meaning of the Act is of
cultural significance, (2) to determine that the temporary exhibition or
display of any such work of art or other object in the United States is
in the national interest, and (3) to cause public notices of the
determinations referred to above to be published in the Federal
Register.
Sec. 2. The Director of the United States Information Agency, in
carrying out this Order, shall consult with the Secretary of State with
respect to the determination of national interest, and may consult with
the Secretary of the Smithsonian Institution, the Director of the
National Gallery of Art, and with such other officers and agencies of
the Government as may be appropriate, with respect to the determination
of cultural significance.
Sec. 3. The Director of the United States Information Agency is
authorized to delegate within the Agency the functions conferred upon
him by this Order.
Sec. 4. Executive Order No. 11312 of October 14, 1966 is revoked.
Sec. 5. Any order, regulation, determination or other action which
was in effect pursuant to the provisions of Executive Order No. 11312
shall remain in effect until changed pursuant to the authority provided
in this Order.
Sec. 6. This Order shall be effective on April 1, 1978.
22 USC 2460. Bureau of Educational and Cultural Affairs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment; responsibilities
In order to carry out the purposes of this chapter, there is
established in the United States Information Agency, or in such
appropriate agency of the United States as the President shall
determine, a Bureau of Educational and Cultural Affairs (hereinafter in
this section referred to as the ''Bureau''). The Bureau shall be
responsible for managing, coordinating, and overseeing programs
established pursuant to this chapter, including but not limited to --
(1) the J. William Fulbright Educational Exchange Program which, by
promoting the exchange of scholars, researchers, students, trainees,
teachers, instructors, and professors, between the United States and
foreign countries, accomplishes the purposes of section 2452(a)(1) of
this title;
(2) the Hubert H. Humphrey Fellowship Program which finances (A)
study at American universities and institutions of higher learning,
including study in degree granting programs, and (B) participation in
fellowships, internships, or other programs in American governmental and
nongovernmental institutions for public managers and other individuals
from developing countries;
(3) the International Visitors Program which provides grants for
short-term visits to the United States for foreign nationals who are, or
have the potential to be, leaders in their respective fields in their
own countries;
(4) the American Cultural Centers and Libraries which make available
at selected foreign locations, books, films, sound recordings, and other
materials about the United States, its people and culture, and about
other topics;
(5) the American Overseas Schools Program which provides financial
assistance to the operations of American-sponsored schools overseas;
(6) the American Studies Program which fosters and supports the study
of the United States, and its people and culture, in foreign countries;
(7) a program of working with private, not-for-profit groups through
contracts, grants, or cooperative agreements, as authorized by section
2452 of this title, so as to provide financial assistance to
nongovernmental organizations engaged in implementing and enhancing
exchange-of-persons programs;
(8) the Samantha Smith Memorial Exchange Program which advances
understanding between the United States and the Soviet Union and between
the United States and Eastern European countries through the exchange of
persons under the age of 21 years and of students at an institution of
higher education (as defined in section 1141(a) of title 20) who have
not received their initial baccalaureate degree or through other
programs designed to promote contact between the young peoples of the
United States, the Soviet Union, and Eastern European countries; and
(9) the Arts America program which promotes a greater appreciation
and understanding of American art abroad by supporting exhibitions and
tours by American artists in other countries.
(b) Revocation or diminution of grants
(1) All recipients of Fulbright Academic Exchange and Humphrey
Fellowship awards shall have full academic and artistic freedom,
including freedom to write, publish, and create. No award granted
pursuant to this chapter may be revoked or diminished on account of the
political views expressed by the recipient or on account of any
scholarly or artistic activity that would be subject to the protections
of academic and artistic freedom normally observed in universities in
the United States. The Board shall ensure that the academic and
artistic freedoms of all persons receiving grants are protected.
(2) The J. William Fulbright Foreign Scholarship Board shall
formulate a policy on revocation of Fulbright grants which shall be made
known to all grantees. Such policy shall fully protect the right to due
process as well as the academic and artistic freedom of all grantees.
(c) Program requirements
The President shall insure that all programs under the authority of
the Bureau shall maintain their nonpolitical character and shall be
balanced and representative of the diversity of American political,
social, and cultural life. The President shall insure that academic and
cultural programs under the authority of the Bureau shall maintain their
scholarly integrity and shall meet the highest standards of academic
excellence or artistic achievement.
(d) Administration of programs
The Bureau shall administer no programs except those operating under
the authority of this chapter and consistent with its purposes.
(e) Office of Citizen Exchanges
There is established in the Bureau of Educational and Cultural
Affairs an Office of Citizen Exchanges. The Office shall support
private not-for-profit organizations engaged in the exchange of persons
between the United States and other countries.
(Pub. L. 87-256, 112, as added Pub. L. 98-164, title II, 213, Nov.
22, 1983, 97 Stat. 1034, and amended Pub. L. 100-204, title III, 302(
a), 303, Dec. 22, 1987, 101 Stat. 1378, 1379; Pub. L. 101-246, title
II, 204(a)(2), 222(a), 223, Feb. 16, 1990, 104 Stat. 50, 55, 56.)
This chapter, referred to in subsecs. (a), (b)(1), and (d), was in
the original ''this Act'', meaning Pub. L. 87-256, Sept. 21, 1961, 75
Stat. 527, as amended, known as the Mutual Educational and Cultural
Exchange Act of 1961. For complete classification of this Act to the
Code, see Short Title note set out under section 2451 of this title and
Tables.
1990 -- Subsec. (a)(8). Pub. L. 101-246, 223, inserted ''or through
other programs designed to promote contact between the young peoples of
the United States, the Soviet Union, and Eastern European countries''
after ''degree''.
Subsecs. (b) to (d). Pub. L. 101-246, 204(a)(2), added subsec. (b)
and redesignated former subsecs. (b) and (c) as (c) and (d),
respectively.
Subsec. (e). Pub. L. 101-246, 222(a), added subsec. (e).
1987 -- Subsec. (a)(8), (9). Pub. L. 100-204 added pars. (8) and
(9).
Section 222(b) of Pub. L. 101-246 provided that: ''There are hereby
transferred to the Office of Citizen Exchanges on the date of enactment
of this Act (Feb. 16, 1990) all functions carried out by the Office of
Private Sector Programs on the day before such date.''
Foreign Travel; Waiver; Reports
Section 207 of Pub. L. 98-164 provided that:
''(a) No funds authorized to be appropriated for the Private Sector
Program shall be used to pay for foreign travel by any United States
citizen who, in the five years preceding the date of the proposed
foreign travel, made two or more trips financed in whole or in
substantial part by grants from the Private Sector Program. This
limitation shall not apply to escort interpreters accompanying
delegations, to artists accompanying exhibitions, to persons engaging in
theatrical or musical performances, or to the full-time staff of the
grantee organization. In addition, the Director of the Bureau of
Educational and Cultural Affairs may waive this limitation in
exceptional cases if he determines that foreign travel is essential to
the successful completion of the grant program and so certifies in
writing to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate at least fifteen
days prior to the commencement of the proposed foreign travel.
''(b) Not later than January 31 of each year, the Director of the
Bureau of Educational and Cultural Affairs shall submit to the Speaker
of the House of Representatives and the Chairman of the Committee on
Foreign Relations of the Senate a report listing all individuals, with
their organization, who in the preceding five years made two or more
trips involving foreign travel financed in whole or substantial part by
grants from the Private Sector Program.''
22 USC 2461. United States-Soviet exchanges
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Financing of exchanges with repayments on Lend-Lease debts
The President is authorized to negotiate and implement an agreement
with the Union of Soviet Socialist Republics under which repayments made
by the Soviet Union on Lend-Lease debts to the United States would be
used to finance the exchange of persons between the United States and
the Soviet Union for educational, cultural, and artistic purposes.
Exchanges authorized pursuant to this section shall be administered
subject to the provisions of this chapter. Part of the funds repaid to
the United States shall be in convertible currency for the purpose of
paying the expenses associated with study and other exchange activities
by Soviet citizens in the United States.
(b) Limitation on availability of funds
Funds made available for the purposes of this section shall be
available only to the extent and in the amounts provided for in an
appropriation Act.
(Pub. L. 87-256, 113, as added Pub. L. 101-246, title II, 224, Feb.
16, 1990, 104 Stat. 56.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527, as
amended, known as the Mutual Educational and Cultural Exchange Act of
1961. For complete classification of this Act to the Code, see Short
Title note set out under section 2451 of this title and Tables.
22 USC CHAPTER 34 -- THE PEACE CORPS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
2501. Congressional declaration of purpose.
2501-1. Independent agency status of Peace Corps.
2501a. Voluntary service programs.
(a) Congressional declaration of policy of encouragement.
(b) Limitations on executive activities and use of funds.
(c) Compromise of national character.
2502. Presidential authorization; appropriations and financial
readjustments.
(a) Terms and conditions of authorization.
(b) Authorization of appropriations.
(c) Appropriations for increases in salary, pay, etc.
(d) Integration of women into national economics.
(e), (f) Repealed.
(g) Redesignated (d).
(h) Integration of disabled people.
2503. Director and Deputy Director; delegation of functions.
(a) Appointment.
(b) Exercise of functions by Director.
(c) Powers and functions of Secretary of State; coordination of
activities; responsibility for supervision and direction of programs.
(d) Prohibition on performance of services more usefully performed by
other agencies.
2504. Peace Corps volunteers.
(a) Persons eligible; terms and conditions of service; Federal
employee status; racial, sex, religious, or color discrimination.
(b) Living allowances, travel, leave and related items; transfers of
supplies and equipment.
(c) Readjustment allowances.
(d) Repealed.
(e) Health care.
(f) Retirement and other credits based upon length of service.
(g) Assignment to other entities.
(h) Tort claims; absentee voting; general average contributions for
transportation of baggage; check cashing and currency exchange; claims
for overpayment of pay; passport fees.
(i) Termination of service.
(j) Oath of office.
(k) Counseling programs for returned volunteers.
(l) Legal expenses of defendant in judicial or administrative
proceedings.
(m) Allowances and expenses of minor children.
(n) Moving expenses.
2505. Peace Corps volunteer leaders; number; applicability of
chapter; benefits.
2506. Peace Corps employees.
(a) Foreign employment; compensation, allowances, and benefits;
utilization of Presidential authority respecting Foreign Service;
additional compensation and differentials; additional governmental
employment by person receiving Foreign Service Reserve or staff
appointment or assignment; limitation on length of employment.
(b) Repealed.
(c) Peace Corps representatives; terms and conditions of service;
removal.
2507. Training program.
(a) Applicants for enrollment and enrolled volunteers.
(b) Citizen trainees for voluntary programs; foreign nationals as
trainees; advances of funds or reimbursement basis; use of credits.
(c) Instruction in communism.
2508. Foreign participants; admission into the United States as
nonimmigrants; deportation.
2509. Presidential powers and authorities.
(a) Contract authority; assignment of volunteers; acceptance of
voluntary services and gifts and transfers of property; personal
service contracts.
(b) Claim settlements.
(c) Three-year contract authority.
(d) Waiver of certain Federal laws.
(e) Allocation of funds.
(f) Utilization of other Government agency services and facilities.
(g) Reimbursement for commodities, services and facilities.
(h) Hospitalization and medical treatment for Foreign Service local
employees.
(i) Procurement of legal services.
(j) Malpractice protection.
2510. Reports to Congress.
2511. Peace Corps National Advisory Council.
(a) Establishment.
(b) Functions.
(c) Membership.
(d) Compensation.
(e) Quorum.
(f) Financial interests of members.
(g) Chair and Vice Chair.
(h) Meetings, bylaws, and regulations.
(i) Reports to the President and the Director.
(j) Administrative assistance.
2512. Experts and consultants.
(a) Employment; compensation, travel expenses and per diem; renewal
of contracts.
(b) Exemption from restrictions upon receipt of retirement benefits.
2513. Assignment of personnel to foreign governments or
international organizations.
(a) Authority; oath of allegiance.
(b) Benefits of detailed personnel.
(c) Reimbursement provisions.
2514. Use of funds.
(a) Administrative and other expenses.
(b) Travel expenses abroad; transportation of personal effects,
household goods and automobiles; storage.
(c) Costs of training personnel employed or assigned overseas.
(d) Payment of expenses.
2515. Repealed.
2516. Use of foreign currencies.
2517. Activities promoting Americans' understanding of other
peoples.
2518. Seal and name.
(a) Judicial notice.
(b) Exclusiveness of use; penalties for violations; injunctions.
2519. Security investigations.
2520. Military training and service exemption.
2521. Foreign language proficiency.
2521a. Nonpartisan appointments.
2522. Definitions.
2523. Separability.
e 20 sections 1077, 1078, 1087dd,
1087ee, 1092; title 26 sections 912, 3121, 3122,
6051; title 42 sections 294d, 294n, 297b, 405, 409,
410, 12524, 12639.
22 USC 2501. Congressional declaration of purpose
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The Congress of the United States declares that it is the policy
of the United States and the purpose of this chapter to promote world
peace and friendship through a Peace Corps, which shall make available
to interested countries and areas men and women of the United States
qualified for service abroad and willing to serve, under conditions of
hardship if necessary, to help the peoples of such countries and areas
in meeting their needs for trained manpower, particularly in meeting the
basic needs of those living in the poorest areas of such countries, and
to help promote a better understanding of the American people on the
part of the peoples served and a better understanding of other peoples
on the part of the American people.
(b) The Congress declares that it is the policy of the United States
and a purpose of the Peace Corps to maintain, to the maximum extent
appropriate and consistent with programmatic and fiscal considerations,
a volunteer corps of at least 10,000 individuals.
(Pub. L. 87-293, title I, 2, Sept. 22, 1961, 75 Stat. 612; Pub. L.
95-331, 2, Aug. 2, 1978, 92 Stat. 414; Pub. L. 99-83, title XI, 1102(
a), Aug. 8, 1985, 99 Stat. 272.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as
amended, known as the Peace Corps Act. For complete classification of
this Act to the Code, see Short Title note set out below and Tables.
1985 -- Pub. L. 99-83 designated existing provisions as subsec. (a)
and added subsec. (b).
1978 -- Pub. L. 95-331 inserted ''particularly in meeting the basic
needs of those living in the poorest areas of such countries'' after
''manpower''.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Section 28, formerly section 27, of Pub. L. 87-293, as renumbered by
Pub. L. 99-83, title XI, 1105(a)(1), Aug. 8, 1985, 99 Stat. 276,
provided that: ''This Act (see Short Title note below) shall take
effect on the date of its enactment (Sept. 22, 1961).''
Section 1 of Pub. L. 95-331 provided: ''That this Act (amending
this section and sections 2501a, 2502, 2504, 2509, and 2510 of this
title and enacting provisions set out as notes under sections 2501a and
2509 of this title) may be cited as the 'Peace Corps Act Amendments of
1978'.''
Section 1 of Pub. L. 87-293 provided that: ''This Act (enacting
this chapter, amending section 2253 of former Title 5, Executive
Departments and Government Officers and Employees, section 425 of Title
20, Education, sections 912, 1303, 3121, 3122, 3401, and 6051 of Title
26, Internal Revenue Code, and sections 405, 409, and 410 of Title 42,
The Public Health and Welfare, and enacting provisions set out as notes
under this section and sections 912 and 3121 of Title 26) may be cited
as the 'Peace Corps Act'.''
Ex. Ord. No. 10924, Mar. 1, 1961, 26 F.R. 1789, relating to the
establishment and administration of the Peace Corps, was superseded by
Ex. Ord. No. 11041, Aug. 6, 1962, 27 F.R. 7859, set out as a note
below.
Ex. Ord. No. 11041, Aug. 7, 1962, 27 F.R. 7859, as amended by Ex.
Ord. No. 11250, Oct. 10, 1965, 30 F.R. 13003, which provided for the
continuance and administration of the Peace Corps in the Department of
State, was superseded by Ex. Ord. No. 11603, June 30, 1971, 36 F.R.
12675, set out as a note below.
Ex. Ord. No. 11603, June 30, 1971, 36 F.R. 12675, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided for the
continuance and administration of the Peace Corps within ACTION, was
superseded by Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, set out
as a note below.
Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, as amended by Ex.
Ord. No. 12245, Oct. 6, 1980, 45 F.R. 66769; Ex.Ord. No. 12292, Feb.
23, 1981, 46 F.R. 13968; Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R.
379, provided:
By virtue of the authority vested in me by the Peace Corps Act, as
amended (22 U.S.C. 2501-2523) and Section 301 of Title 3 of the United
States Code, and as President of the United States of America, it is
hereby ordered as follows:
1-101. The Peace Corps, which was established as an agency in the
Department of State pursuant to Executive Order No. 10924 of March 1,
1961 (26 FR 1789) (formerly set out as a note under this section), which
was continued in existence in that Department under the Peace Corps Act
(the ''Act'') (this chapter) pursuant to Section 102 of Executive Order
No. 11041 of August 6, 1962 (27 FR 7859) (formerly set out as a note
under this section), and which was transferred to and continued as a
component of ACTION by Executive Order No. 11603 of June 30, 1971 (36
FR 12675) (formerly set out as a note under this section), shall be an
agency within ACTION pursuant to the provisions of this Order.
1-102. All references to the ''Director'' in Part 1-1 of this Order
shall refer to the Director of the Peace Corps for whom provision is
made in Section 4(a) of the Act (22 U.S.C. 2503).
1-103. Exclusive of the functions otherwise delegated by or reserved
to the President by this Order, and subject to the provisions of this
Order, there are hereby delegated to the Director all functions
conferred upon the President by the Act (this chapter) and by Section
2(b) of Reorganization Plan No. 1 of 1971 (5 U.S.C. App.).
1-104. The function of determining the portion of living allowances
constituting basic compensation, conferred upon the President by Section
201(a) of Public Law 87-293 (26 U.S.C. 912(3)), is hereby delegated to
the Director and shall be performed in consultation with the Secretary
of the Treasury.
1-105. The functions of prescribing regulations and making
determinations (relating to appointment of Peace Corps employees in the
Foreign Service System), conferred upon the President by Section 5 of
Public Law 89-135 (79 Stat. 551) (probably means section 5(b) of Pub.
L. 89-134, Aug. 24, 1965, 79 Stat. 551, set out as a note under section
2506 of this title), are hereby delegated to the Director.
1-106. The functions of prescribing conditions, conferred upon the
President by the second sentence of Section 5(e), as amended (22 U.S.C.
2504(e)), and the third proviso of Section 6 of the Act (22 U.S.C.
2505) (relating to providing health care in Government facilities) and
hereinabove delegated to the Director, shall be exercised in
consultation with the head of the United States Government agency
responsible for the facility.
1-107. The reports required by Section 11 of the Act, as amended (22
U.S.C. 2510), shall be prepared by the Director and submitted to the
Congress through the President.
1-108. Subject to applicable provisions of law, all funds
appropriated or otherwise made available to the President for carrying
out the provisions of the Act (this chapter) shall be deemed to be
allocated without any further action of the President to the Director or
to such subordinate officer as the Director may designate. The Director
or such officer may allocate or transfer, as appropriate, any of such
funds to any United States Government agency or part thereof for
obligation or expenditures thereby consistent with applicable law.
1-109. Nothing in this Order shall be deemed to impair or limit the
powers or functions vested in the Secretary of State by the Act (this
chapter).
1-110. The negotiation, conclusion, and termination of international
agreements pursuant to the Act (this chapter) shall be under the
direction of the Secretary of State.
1-111. Any substantial change in policies in effect on the date of
this Order for the utilization of the Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.), pursuant to Section 7 of the Act (22 U.S.C.
2506), shall be coordinated with the Secretary of State.
1-112. The Director shall consult and coordinate with the Director of
ACTION to assure that the functions delegated to the Director by this
Order are carried out consistently with the functions conferred upon the
Director of ACTION by the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4951 et seq.), (''Volunteer Service Act''), Reorganization Plan
No. 1 of 1971 (5 U.S.C. App.) and this Order.
1-301. There are hereby excluded from the delegations made by Section
1-1 of this Order the following powers and functions of the President:
(a) All authority conferred by Sections 4(b), 4(c)(2), 4(c)(3), 10(
d), and 18 of the Act (22 U.S.C. 2503(b), (c)(2), (c)(3), 2509(d), and
2517).
(b) The authority conferred by Section 4(a) of the Act (22 U.S.C.
2503(a)) to appoint the Director and the Deputy Director of the Peace
Corps.
(c) The authority conferred on the President by Section 5(f)(1)(B) of
the Act (22 U.S.C. 2504(f)(1)(B)).
(d) The authority conferred by Section 10(f) of the Act (22 U.S.C.
2509(f)) to direct any agency of the United States Government to provide
services, facilities, and commodities to officers carrying out functions
under the Act (this chapter).
(e) The authority conferred by Section 19 of the Act (22 U.S.C.
2518) to adopt and alter an official seal or emblem of the Peace Corps.
1-401. Persons appointed, employed, or assigned under Section 7(a) of
the Act (22 U.S.C. 2506(a)) shall not, unless otherwise agreed by the
agency in which such benefits may be exercised, be entitled to the
benefits provided by Section 310 of the Foreign Service Act of 1980 (22
U.S.C. 3950) in cases in which their service under the appointment,
employment, or assignment exceeds thirty months.
1-402. Pursuant to Section 10(d) of the Act (22 U.S.C. 2509(d)), it
is hereby determined to be in furtherance of the purposes of the Act
(this chapter) that functions authorized thereby may be performed
without regard to the applicable laws specified in Section 1 and 2 of
Executive Order No. 11223 of May 12, 1965 (22 U.S.C. 2393 note), and
with or without consideration as specified in Section 3 of that Order,
but subject to the limitations set forth in that Order.
1-403. As used in this Order, the words ''Volunteers,''
''functions,'' ''United States,'' and ''United States Government
agency'' shall have the same meanings, respectively, as they have under
the Act (this chapter).
1-501. The National Voluntary Action Program to encourage and
stimulate more widespread and effective voluntary action for solving
public domestic problems, established in the Executive Branch of the
Government by Section 1 of Executive Order No. 11470 of May 26, 1969
(formerly set out as a note under section 2701 of Title 42, the Public
Health and Welfare), is continued in ACTION. That program shall
supplement corresponding action by private and other non-Federal
organizations such as the National Center for Voluntary Action. As used
in this Order, the term ''voluntary action'' means the contribution or
application of non-governmental resources of all kinds (time, money,
goods, services, and skills) by private and other organizations of all
types (profit and nonprofit, national and local, occupational, and
altruistic) and by individual citizens.
1-601. In addition to the functions vested in the Director of ACTION
by the Domestic Volunteer Service Act of 1973 (42 U.S.C., Section 4951
et seq.), Reorganization Plan No. 1 of 1971 (5 U.S.C. App.), and
Section 1-401 of this Order, the Director of ACTION shall:
(a) Encourage local, national and international voluntary activities
directed toward the solution or mitigation of community problems.
(b) Provide for the development and operation of a clearinghouse for
information on Government programs designed to foster voluntary action.
(c) Initiate proposals for the greater and more effective application
of voluntary action in connection with Federal programs, and coordinate,
as consistent with law, Federal activities involving such action.
(d) Make grants of seed money, as authorized by law, for stimulating
the development or deployment of innovative voluntary action programs
directed toward community problems.
1-602. The head of each Federal department and agency, or a
designated representative, when so requested by the Director of ACTION
or the Director of the Peace Corps, shall, to the extent permitted by
law and funds available, furnish information and assistance, and
participate in all ways appropriate to carry out the objectives of this
Order, the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et
seq.) and Reorganization Plan No. 1 of 1971 (5 U.S.C. App.).
1-603. The head of each Federal department or agency shall, when so
requested by the Director of ACTION, designate a senior official to have
primary and continuing responsibility for the participation and
cooperation of that department or agency in matters concerning voluntary
action.
1-604. The head of each Federal department or agency, or a designated
representative, shall keep the Director of ACTION informed of proposed
budgets, plans, and programs of that department or agency affecting
voluntary action programs.
1-605. Under the direction of the President and subject to the
responsibilities of the Secretary of State, the Director of ACTION shall
be responsible for the general direction of those ACTION functions,
which jointly serve ACTION domestic volunteer components and the Peace
Corps, and for advising the Director of the Peace Corps to ensure that
the functions delegated under this Order to the Director of the Peace
Corps are carried out.
1-701. Except to the extent that they may be inconsistent with this
Order, all determinations, authorizations, regulations, rulings,
certifications, orders, directives, contracts, agreements, and other
actions made, issued or entered into with respect to any function
affected by this Order and not revoked, superseded, or otherwise made
inapplicable before the effective date of this Order shall continue in
full force and effect until amended, modified, or terminated by
appropriate authority.
1-702. Except as otherwise expressly provided herein, nothing in this
Order shall be construed as subjecting any department, establishment, or
other instrumentality of the Executive Branch of the Federal Government
or the head thereof, or any function vested by law in or assigned
pursuant to law to any such agency or head, to the authority of any
other agency or head or as abrogating, modifying, or restricting any
such function in any manner.
1-703. So much of the personnel, property, records, and unexpended
balances or appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with the
functions assigned to the Director of the Peace Corps or to the Director
of ACTION by this Order as the Director of the Office of Management and
Budget shall determine, shall be transferred to the Director of the
Peace Corps or the Director of ACTION at such time or times as the
Director of the Office of Management and Budget shall direct.
1-704. To the extent permitted by law, such further measures and
dispositions as the Director of the Office of Management and Budget
shall deem to be necessary in order to effectuate the provisions of this
Order shall be carried out by such agencies as the Director of the
Office of Management and Budget shall specify.
1-705. The authority conferred by Sections 1-703 and 1-704 of this
Order shall supplement, not limit, the provisions of Section 1-108 of
this Order.
1-706. Executive Order Nos. 11041, 11250, 11470 and 11603 are hereby
superseded.
1-707. This Order shall become effective May 16, 1979.
Ex. Ord. No. 12468, Mar. 22, 1984, 49 F.R. 11139, which established
the Presidential Advisory Council on the Peace Corps and provided for
its membership, functions, etc., was revoked by Ex. Ord. No. 12534,
Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under section
14 of the Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
22 USC 2501-1. Independent agency status of Peace Corps
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Effective on December 29, 1981, the Peace Corps shall be an
independent agency within the executive branch and shall not be an
agency within the ACTION Agency or any other department or agency of the
United States.
(Pub. L. 87-293, title I, 2A as added Pub. L. 97-113, title VI, 601(
a), Dec. 29, 1981, 95 Stat. 1540.)
Section 601(b), (c) of Pub. L. 97-113 provided that:
''(b) There are transferred to the Director of the Peace Corps all
functions relating to the Peace Corps which were vested in the Director
of the ACTION Agency on the day before the date of the enactment of this
Act (Dec. 29, 1981).
''(c)(1) All personnel, assets liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds are are determined by the Director of the
Office of Management and Budget, after consultation with the Comptroller
General of the United States, the Director of the Peace Corps, and the
Director of the ACTION Agency, to be employed, held, used, or assumed
primarily in connection with any function relating to the Peace Corps
before the date of the enactment of this Act (Dec. 29, 1981) are
transferred to the Peace Corps. The transfer of unexpended balances
pursuant to the preceding sentence shall be subject to section 202 of
the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31
U.S.C. 1531).
''(2)(A) The transfer pursuant to this subsection of full-time
personnel (except special Government employees) and part-time personnel
holding permanent positions shall not cause any employee to be separated
or reduced in rank, class, grade, or compensation, or otherwise suffer a
loss of employment benefits for one year after --
''(i) the date on which the director of the Office of Management and
Budget submits the report required by subsection (f)(l) of this section,
or
''(ii) the effective date of the transfer of such employee,
whichever occurs later.
''(B) The personnel transferred pursuant to this subsection shall, to
the maximum extent feasible, be assigned to such related functions and
organizational units in the Peace Corps as such personnel were assigned
to immediately before the date of the enactment of this Act (Dec. 29,
1981).
''(C) Collective-bargaining agreements in effect on the date of the
enactment of this Act (Dec. 29, 1981) covering personnel transferred
pursuant to this subsection or employed on such date of enactment (Dec.
29, 1981) by the Peace Corps shall continue to be recognized by the
Peace Corps until the termination date of such agreements or until such
agreements are modified in accordance with applicable procedures.
''(3) Under such regulations as the President may prescribe, each
person who, immediately before the date of the enactment of this Act
(Dec. 29, 1981), does not hold an appointment under section 7(a)(2) of
the Peace Corps Act (22 U.S.C. 2506(a)(2)) and who is determined under
paragraph (1) of this subsection to be employed primarily in connection
with any function relating to the Peace Corps shall, effective on the
date of the enactment of this Act (Dec. 29, 1981), and notwithstanding
subparagraph (B) of section 7(a)(2) of the Peace Corps Act, be appointed
a member of the Foreign Service under section 7(a)(2) of the Peace Corps
Act (22 U.S.C. 2506(a)(2)), and be appointed or assigned to an
appropriate class of the Foreign Service, except that --
''(A) any person who, immediately before such date of enactment (Dec.
29, 1981), holds a career or career-conditional appointment shall not,
without the consent of such person, be so appointed until three years
after such date of enactment (Dec. 29, 1981), during which period any
such person not consenting to be so appointed may continue to hold such
career or career-conditional appointment; and
''(B) each person so appointed who, immediately before such date of
enactment (Dec. 29, 1981), held a career or career-conditional
appointment at grade GS-8 or lower of the General Schedule established
by section 5332 of title 5, United States Code, shall be appointed a
member of the Foreign Service for the duration of operations under the
Peace Corps Act (this chapter).
Each person appointed under this paragraph shall receive basic
compensation at the rate of such person's class determined by the
President to be appropriate, except that the rate of basic compensation
received by such person immediately before the effective date of such
person's appointment under this paragraph shall not be reduced as a
result of the provisions of this paragraph.''
Section 601(g) of Pub. L. 97-113 provided that: ''References in any
statute, reorganization plan, Executive order, regulation, or other
official document or proceeding to the ACTION Agency or the Director of
the ACTION Agency with respect to functions or activities relating to
the Peace Corps shall be deemed to refer to the Peace Corps or the
Director of the Peace Corps, respectively.''
22 USC 2501a. Voluntary service programs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Congressional declaration of policy of encouragement
The Congress declares that it is the policy of the United States and
a further purpose of this chapter (1) to encourage countries and areas
to establish programs under which their citizens and nationals would
volunteer to serve in order to help meet the needs of less developed
countries or areas for trained manpower; (2) to encourage less
developed countries or areas to establish programs under which their
citizens and nationals would volunteer to serve in order to meet their
needs for trained manpower; and (3) to encourage the development of,
and participation in, international voluntary service programs and
activities.
(b) Limitations on executive activities and use of funds
(1) Activities carried out by the President in furtherance of the
purposes of clauses (1) and (2) of subsection (a) of this section shall
be limited to --
(A) furnishing technical assistance, materials, tools, supplies, and
training appropriate to the support of volunteer programs in such
countries or areas; and
(B) conducting demonstration projects in such countries or areas.
None of the funds made available to carry out the purposes of clauses
(1) and (2) of subsection (a) of this section may be used to pay the
administrative costs of any program or project, other than a
demonstration project, or to assist any program or project of a
paramilitary or military nature. Funds allocated for activities set
forth in this paragraph should be kept to a minimum so that such
allocation will not be detrimental to other Peace Corps programs and
activities.
(2) Not more than 2 per centum of the amount appropriated to the
Peace Corps for a fiscal year may be used in such fiscal year to carry
out the provisions of clause (3) of subsection (a) of this section.
Such funds may be contributed to educational institutions, private
voluntary organizations, international organizations, and foreign
governments or agencies thereof, to pay a fair and proportionate share
of the costs of encouraging the development of, and participation in,
international voluntary programs and activities.
(c) Compromise of national character
Such activities shall not compromise the national character of the
Peace Corps.
(Pub. L. 87-293, title III, 301, as added Pub. L. 88-200, 8, Dec.
13, 1963, 77 Stat. 360, and amended Pub. L. 91-99, 3, Oct. 29, 1969, 83
Stat. 166; Pub. L. 91-352, 9, July 24, 1970, 84 Stat. 465; Pub. L.
92-352, title IV, 402, July 13, 1972, 86 Stat. 495; Pub. L. 95-331,
7, 8(a), Aug. 2, 1978, 92 Stat. 415, 416.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as
amended, known as the Peace Corps Act. For complete classification of
this Act to the Code, see Short Title note set out under section 2501 of
this title and Tables.
1978 -- Subsec. (b)(1). Pub. L. 95-331, 7, substituted provisions
limiting activities to furnishing technical assistance, etc., in support
of volunteer programs, and conducting demonstration projects and
provisions relating to payment of costs of any program or project for
provisions limiting activities to furnishing of knowledge and skills
relating to the selection, training, and programming of voluntary
manpower and provisions relating to use of available funds.
Subsec. (b)(2). Pub. L. 95-331, 8(a), substituted provisions
authorizing use of 2 per centum of amount appropriated in a fiscal year
for provisions authorizing use of $350,000 in a fiscal year.
1972 -- Subsec. (b)(2). Pub. L. 92-352 substituted ''$350,000'' for
''$300,000'' and ''in any fiscal year to carry'' for ''in fiscal year
1971 to carry''.
1970 -- Subsec. (a)(3). Pub. L. 91-352, 9(a), changed the policy
objective from encouragement of participation in any international
register which seeks to provide volunteers to serve in less developed
countries or areas, training, or other assistance in order to help such
countries or areas to meet their needs for trained manpower to
encouragement of participation in international voluntary service
programs and activities.
Subsec. (b)(2). Pub. L. 91-352, 9(b), substituted fiscal year 1971
for fiscal year 1970 and changed the authorization of the contribution
of funds from a fair and proportionate share of the costs of the
international registers to a fair and proportionate share of the costs
of encouraging the development of and participation in international
voluntary programs and activities.
1969 -- Subsec. (a). Pub. L. 91-99, 3(1), redesignated existing
provisions as cls. (1) and (2), and added cl. (3).
Subsec. (b). Pub. L. 91-99, 3(2), redesignated existing provisions as
cl. (1), struck out the provision which authorized the use of not more
than $300,000 in carrying out the purposes of this section in fiscal
year 1964 and inserted references to cls. (1) and (2) of subsec. (a)
of this section, and added cl. (2).
Section 8(b) of Pub. L. 95-331 provided that: ''The amendment made
by subsection (a) (amending this section) shall take effect on October
1, 1978.''
Functions of President under this section delegated to Director of
Peace Corps by section 1-103 of Ex. Ord. No. 12137, May 16, 1979, 44
F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of
this title.
22 USC 2502. Presidential authorization; appropriations and financial
readjustments
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Terms and conditions of authorization
The President is authorized to carry out programs in furtherance of
the purposes of this chapter, on such terms and conditions as he may
determine.
(b) Authorization of appropriations
There are authorized to be appropriated to carry out the purposes of
this chapter $130,000,000 for the fiscal year 1986 and $137,200,000 for
the fiscal year 1987.
(c) Appropriations for increases in salary, pay, etc.
In addition to the amount authorized to be appropriated by subsection
(b) of this section to carry out the purposes of this chapter, there are
authorized to be appropriated for increases in salary, pay, retirement,
or other employee benefits authorized by law, for each fiscal year, such
sums as may be necessary.
(d) Integration of women into national economics
In recognition of the fact that women in developing countries play a
significant role in economic production, family support, and the overall
development process, the Peace Corps shall be administered so as to give
particular attention to those programs, projects, and activities which
tend to integrate women into the national economics of developing
countries, thus improving their status and assisting the total
development effort.
(e), (f) Repealed. Pub. L. 97-113, title VI, 601(e)(1), Dec. 29,
1981, 95 Stat. 1542
(g) Redesignated (d)
(h) Integration of disabled people
In recognition of the fact that there are over 400,000,000 disabled
people in the world, 95 percent of whom are among the poorest of the
poor, the Peace Corps shall be administered so as to give particular
attention to programs, projects, and activities which tend to integrate
disabled people into the national economies of developing countries,
thus improving their status and assisting the total development effort.
(Pub. L. 87-293, title I, 3, Sept. 22, 1961, 75 Stat. 612; Pub. L.
87-442, Apr. 27, 1962, 76 Stat. 62; Pub. L. 88-200, 1, Dec. 13, 1963,
77 Stat. 359; Pub. L. 88-285, Mar. 17, 1964, 78 Stat. 166; Pub. L.
89-134, 1, Aug. 24, 1965, 79 Stat. 549; Pub. L. 89-572, 1, Sept. 13,
1966, 80 Stat. 764; Pub. L. 90-175, Dec. 5, 1967, 81 Stat. 542; Pub.
L. 90-362, June 27, 1968, 82 Stat. 250; Pub. L. 91-99, 1, Oct. 29,
1969, 83 Stat. 166; Pub. L. 91-352, 1, July 24, 1970, 84 Stat. 464;
Pub. L. 92-135, Oct. 8, 1971, 85 Stat. 376; Pub. L. 92-352, title IV,
401, July 13, 1972, 86 Stat. 495; Pub. L. 93-49, 1, June 25, 1973, 87
Stat. 99; Pub. L. 93-302, 1, 2, June 1, 1974, 88 Stat. 191; Pub. L.
94-130, 1-3, Nov. 14, 1975, 89 Stat. 684; Pub. L. 94-281, 1, 2, May 7,
1976, 90 Stat. 458; Pub. L. 95-102, 1, 2, Aug. 15, 1977, 91 Stat. 841;
Pub. L. 95-331, 3, Aug. 2, 1978, 92 Stat. 414; Pub. L. 96-53, title
III, 301, Aug. 14, 1979, 93 Stat. 370; Pub. L. 96-533, title VI, 601(
a), (b), Dec. 16, 1980, 94 Stat. 3155; Pub. L. 97-113, title VI, 601(
e)(1), 602, 603, Dec. 29, 1981, 95 Stat. 1542; Pub. L. 99-83, title XI,
1101, Aug. 8, 1985, 99 Stat. 272; Pub. L. 99-399, title XIII, 1301,
Aug. 27, 1986, 100 Stat. 897.)
This chapter, referred to in subsecs. (a) to (c), was in the
original ''this Act'', meaning Pub. L. 87-293, Sept. 22, 1961, 75
Stat. 612, as amended, known as the Peace Corps Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 2501 of this title and Tables.
1986 -- Subsec. (b). Pub. L. 99-399 in amending subsec. (b)
generally, substituted provision authorizing appropriations of
$130,000,000 for fiscal year 1986 and $137,200,000 for fiscal year 1987
for provision authorizing appropriations of $130,000,000 for fiscal
years 1986 and 1987, providing that unobligated balances continue to be
made available for the general purposes for which appropriated, and
prohibiting the use of funds to carry out this chapter for the
Volunteers to America Program or any similar program involving the
service or training of foreign nationals in the United States.
1985 -- Subsec. (b). Pub. L. 99-83 substituted provisions
authorizing appropriations of $130,000,000 for fiscal years 1986 and
1987 for provisions authorizing appropriations of not to exceed
$105,000,000 for fiscal years 1982 and 1983, and struck out provisos
limiting use of funds in fiscal year 1967, and limiting contracts and
agreements for research.
1981 -- Subsec. (b). Pub. L. 97-113, 602(a), substituted ''the
fiscal year 1982 not to exceed $105,000,000 and for the fiscal year 1983
not to exceed $105,000,000'' for ''fiscal year 1981 not to exceed
$118,000,000''.
Subsec. (c). Pub. L. 97-113, 602(b), substituted ''each fiscal year''
for ''fiscal year 1981''.
Subsec. (d). Pub. L. 97-113, 601(e)(1), redesignated subsec. (g) as
(d) and struck out former subsec. (d) which provided for rectification
of imbalance in readjustment allowance for the period Mar. 1, 1961, to
Feb. 28, 1973.
Subsec. (e). Pub. L. 97-113, 601(e)(1), struck out subsec. (e) which
related to waiver of claims resulting from erroneous payments to
volunteers who terminated their volunteer service between Mar. 1, 1961,
and Feb. 28, 1973.
Subsec. (f). Pub. L. 97-113, 601(e)(1), struck out subsec. (f) which
related to relief from liability for improper payment of readjustment
allowances made to volunteers between Mar. 1, 1961, and Feb. 28, 1973.
Subsec. (g). Pub. L. 97-113, 601(e)(1), redesignated subsec. (g) as
(d).
Subsec. (h). Pub. L. 97-113, 603, added subsec. (h).
1980 -- Subsec. (b). Pub. L. 96-533, 601(a), substituted
appropriations authorization of $118,000,000 for fiscal year 1981 for
such authorization of $105,404,000 for fiscal year 1980.
Subsec. (c). Pub. L. 96-533, 601(b), substituted ''1981'' for
''1980''.
1979 -- Subsec. (b). Pub. L. 96-53, 301(1), substituted provisions
authorizing to be appropriated for fiscal year 1980 not to exceed
$105,404,000, for provisions authorizing to be appropriated for fiscal
year 1978 not to exceed $86,544,000, and for fiscal year 1979 not to
exceed $112,424,000, and setting forth availability of funds for the
United Nations contributions by the Corps.
Subsec. (c). Pub. L. 96-53, 301(2), substituted ''1980'' for ''1978,
$1,069,000, and for fiscal year 1979''.
1978 -- Subsec. (b). Pub. L. 95-331, 3(1), substituted provisions
authorizing to be appropriated for fiscal year 1978 not to exceed
$86,544,000 and for fiscal year 1979 not to exceed $112,424,000 and
limitation with respect to volunteer program, for provisions authorizing
to be appropriated for fiscal year 1978 not to exceed $82,900,000.
Subsec. (c). Pub. L. 95-331, 3(2), inserted provisions increasing
1978 appropriation from $1,000,000 to $1,069,000, and provisions
authorizing to be appropriated such sums as necessary for fiscal year
1979.
Subsec. (g). Pub. L. 95-331, 3(3), added subsec. (g).
1977 -- Subsec. (b). Pub. L. 95-102, 1, substituted provisions
authorizing appropriations for fiscal year 1978 not to exceed
$82,900,000 for provisions authorizing appropriations for fiscal year
1976 not to exceed $88,468,000, for the period July 1, 1976, through
Sept. 30, 1976, not to exceed $27,887,800, for fiscal year 1977 not to
exceed $81,000,000.
Subsec. (c). Pub. L. 95-102, 2, substituted provisions authorizing
additional appropriations for fiscal year 1978 of $1,000,000 for
increases in salary, pay, etc., for provisions authorizing additional
appropriations for fiscal year 1976 and the period July 1, 1976, through
Sept. 30, 1976, not in excess of $1,000,000, and for fiscal year 1977
such sums as may be necessary for increases in salary, pay, etc.
1976 -- Subsec. (b). Pub. L. 94-281, 1, authorized appropriation of
not to exceed $81,000,000 for fiscal year 1977.
Subsec. (c). Pub. L. 94-281, 2, inserted provisions relating to
fiscal year 1977 and authorization of such sums as may be necessary for
such year.
1975 -- Subsec. (b). Pub. L. 94-130, 1, authorized appropriation of
$88,468,000 for fiscal year 1976, and $27,887,800 for period July 1,
1976, through Sept. 30, 1976, and struck out appropriation
authorization of $82,256,000 for fiscal year 1975.
Subsec. (c). Pub. L. 94-130, 2, authorized appropriation of
$1,000,000 for fiscal year 1976, for increase in employee benefits, in
addition to amounts authorized for fiscal year 1976, and for period July
1, 1976, through Sept. 30, 1976, and deleted prior appropriation
authorization of $1,000,000 for fiscal year 1975, for increase in
employee benefits, in addition to amounts authorized for fiscal year
1975.
Subsec. (d). Pub. L. 94-130, 3, substituted ''shall transfer'', ''no
later than December 31, 1975, not to exceed $315,000 from any sums
available to carry out the purposes of this chapter in fiscal year
1976'' for ''is authorized to transfer'' and ''from any sums
appropriated to carry out the purposes of this chapter in fiscal year
1975 not to exceed $315,000''.
1974 -- Subsec. (b). Pub. L. 93-302, 1, substituted ''There are
authorized to be appropriated for fiscal year 1975 not to exceed
$82,256,000 to carry out the purposes of this chapter'' for ''There are
authorized to be appropriated to the President for the fiscal year 1974
not to exceed $77,001,000 to carry out the purposes of this chapter''.
Subsecs. (c) to (f). Pub. L. 93-302, 2, added subsecs. (c) to (f).
1973 -- Subsec. (b). Pub. L. 93-49 substituted ''1974'' for ''1973''
and ''$77,001,000'' for ''$88,027,000''.
1972 -- Subsec. (b). Pub. L. 92-352 substituted ''1973'' for
''1972'' and ''$88,027,000'' for ''$77,200,000''.
1971 -- Subsec. (b). Pub. L. 92-135 substituted ''1972'' for
''1971'' and ''$77,200,000'' for ''$98,800,000''.
1970 -- Subsec. (b). Pub. L. 91-352 substituted ''1971'' for
''1970'' and ''$98,800,000'' for ''$98,450,000''.
1969 -- Subsec. (b). Pub. L. 91-99 substituted ''1970'' for ''1969''
and ''$98,450,000'' for ''$112,800,000'', and inserted provision
prohibiting funds authorized to carry out the purposes of this chapter
to be used to carry out the Volunteers to America Program conducted
under the Mutual Educational and Cultural Exchange Act of 1961, or any
similar program.
1968 -- Subsec. (b). Pub. L. 90-362 substituted ''1969'' for
''1968'' and ''$112,800,000'' for ''$115,700,000''.
1967 -- Subsec. (b). Pub. L. 90-175 substituted ''1968'' for
''1967'' and ''$115,700,000'' for ''$110,000,000''.
1966 -- Subsec. (b). Pub. L. 89-572 authorized an appropriation of
$110,000,000 for the fiscal year 1967 and provided for obligation of
limited amount of funds under contracts or agreements to carry out
research relating to the basic responsibilities of the Peace Corps and
for continuing availability of unobligated balances of funds.
1965 -- Subsec. (b). Pub. L. 89-134 substituted ''1966'' for
''1965'' and inserted $500,000 limit on funds available for research.
1964 -- Subsec. (b). Pub. L. 88-285 authorized an appropriation of
$115,000,000 for fiscal year 1965.
1963 -- Subsec. (b). Pub. L. 88-200 substituted ''1964'' and
''$102,000,000'' for ''1963'' and ''$63,750,000'', respectively.
1962 -- Subsec. (b). Pub. L. 87-442 authorized an appropriation of
$63,750,000 for the fiscal year 1963.
''ACTION Agency'' substituted, in subsecs. (d) to (f), for
''ACTION'' on authority of Pub. L. 93-113, title VI, 601(d), Oct. 1,
1973, 87 Stat. 416.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this
title.
Section 3 of Pub. L. 95-102 provided that: ''The amendments made by
this Act (amending this section) shall take effect on October 1, 1977.''
Functions of President under this section delegated to and funds
available to President under this chapter allocated to Director of Peace
Corps by sections 1-103 and 1-108 of Ex. Ord. No. 12137, May 16, 1979,
44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501
of this title.
December 29, 1981
Section 601(e)(2) of Pub. L. 97-113 provided that: ''The amendment
made by paragraph (1) of this subsection (redesignating former subsec.
(g) as (d) and striking out subsecs. (d) to (f) of this section) shall
not alter or affect (A) the validity of any action taken before the date
of the enactment of this Act (Dec. 29, 1981) under those provisions of
law repealed by that amendment, or (B) the liability of any person for
any payment described in section 3(f) of the Peace Corps Act (former
subsec. (f) of this section) as in effect immediately before the date of
the enactment of this Act.''
Amount Available
Section 3 of Pub. L. 94-281 provided that: ''Of the amount
appropriated for fiscal year 1977 to carry out the purposes of the Peace
Corps Act (see Short Title note set out under section 2501 of this
title), $10,100,000 shall be available only for payment of the
readjustment allowances authorized by sections 5(c) and 6(1) of such Act
(sections 2504(c) and 2505(1) of this title).''
22 USC 2503. Director and Deputy Director; delegation of functions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Appointment
The President may appoint, by and with the advice and consent of the
Senate, a Director of the Peace Corps and a Deputy Director of the Peace
Corps.
(b) Exercise of functions by Director
The President may exercise any functions vested in him by this
chapter through the Director of the Peace Corps. The Director of the
Peace Corps may promulgate such rules and regulations as he may deem
necessary or appropriate to carry out such functions, and may delegate
to any of his subordinates authority to perform any of such functions.
(c) Powers and functions of Secretary of State; coordination of
activities; responsibility for supervision and direction of programs
(1) Nothing contained in this chapter shall be construed to infringe
upon the powers or functions of the Secretary of State.
(2) The President shall prescribe appropriate procedures to assure
coordination of Peace Corps activities with other activities of the
United States Government in each country, under the leadership of the
chief of the United States diplomatic mission.
(3) Under the direction of the President, the Secretary of State
shall be responsible for the continuous supervision and general
direction of the programs authorized by this chapter, to the end that
such programs are effectively integrated both at home and abroad and the
foreign policy of the United States is best served thereby.
(4) The Director of the Peace Corps may prescribe such regulations as
may be necessary to assure that no individual performing service for the
Peace Corps under any authority contained in this chapter shall engage
in any activity determined by the Director to be detrimental to the best
interests of the United States.
(d) Prohibition on performance of services more usefully performed by
other agencies
Except with the approval of the Secretary of State, the Peace Corps
shall not be assigned to perform services which could more usefully be
performed by other available agencies of the United States Government in
the country concerned.
(Pub. L. 87-293, title I, 4, Sept. 22, 1961, 75 Stat. 612; Pub. L.
88-426, title III, 305(27), Aug. 14, 1964, 78 Stat. 426; Pub. L.
91-352, 2, July 24, 1970, 84 Stat. 464; Pub. L. 97-113, title VI, 601(
d)(1), Dec. 29, 1981, 95 Stat. 1541.)
This chapter, referred to in subsecs. (b) and (c), was in the
original ''this Act'', meaning Pub. L. 87-293, Sept. 22, 1961, 75
Stat. 612, as amended, known as the Peace Corps Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 2501 of this title and Tables.
1981 -- Subsec. (b). Pub. L. 97-113 substituted provision
authorizing the President to exercise functions vested in him under this
chapter through the Director of the Peace Corps and the Director of the
Peace Corps to promulgate rules and regulations as deemed appropriate
for provision authorizing the President to exercise functions vested in
him under this chapter through such agency or officer of the United
States Government as he directs and the head of such agency or such
officer to promulgate rules and regulations as deemed appropriate.
1970 -- Subsec. (c). Pub. L. 91-352 added par. (4).
1964 -- Subsec. (a). Pub. L. 88-426 repealed provisions which
prescribed the compensation of the Director and Deputy Director. See
sections 5314 and 5315 of Title 5, Government Organization and
Employees.
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to extent provided
in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L.
88-426.
Transfer to President of the United States of functions conferred
upon Director of Peace Corps by subsec. (c)(4) of this section, see
section 2(b) of Reorg. Plan No. 1 of 1971, eff. July 1, 1971, 36 F.
R. 11181, 85 Stat. 819, set out in the Appendix to Title 5, Government
Organization and Employees.
Functions of President under subsecs. (c)(1), (4), (d) delegated to
Director of Peace Corps by sections 1-103 and 1-301(a), (b) of Ex. Ord.
No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a
note under section 2501 of this title.
Section 601(d)(2) of Pub. L. 97-113 provided: ''The Director of the
Peace Corps shall continue to exercise all the functions under the Peace
Corps Act (this chapter) or any other law or authority which the
Director was performing on December 14, 1981.''
Compensation of Director and Deputy Director of Peace Corps, see
sections 5314 and 5315 of Title 5, Government Organization and
Employees.
22 USC 2504. Peace Corps volunteers
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Persons eligible; terms and conditions of service; Federal
employee status; racial, sex, religious, or color discrimination
The President may enroll in the Peace Corps for service abroad
qualified citizens and nationals of the United States (referred to in
this chapter as ''volunteers''). The terms and conditions of the
enrollment, training, compensation, hours of work, benefits, leave,
termination, and all other terms and conditions of the service of
volunteers shall be exclusively those set forth in this chapter and
those consistent therewith which the President may prescribe; and,
except as provided in this chapter, volunteers shall not be deemed
officers or employees or otherwise in the service or employment of, or
holding office under, the United States for any purpose. In carrying
out this subsection, there shall be no discrimination against any person
on account of race, sex, creed, or color.
(b) Living allowances, travel, leave and related items; transfers of
supplies and equipment
Volunteers shall be provided with such living, travel, and leave
allowances, and such housing, transportation, supplies, equipment,
subsistence, and clothing as the President may determine to be necessary
for their maintenance and to insure their health and their capacity to
serve effectively. Supplies or equipment provided volunteers to insure
their capacity to serve effectively may be transferred to the government
or to other entities of the country or area with which they have been
serving, when no longer necessary for such purpose, and when such
transfers would further the purposes of this chapter. Transportation
and travel allowances may also be provided, in such circumstances as the
President may determine, for applicants for enrollment to or from places
of training and places of enrollment, and for former volunteers from
places of termination to their homes in the United States.
(c) Readjustment allowances
Volunteers shall be entitled to receive a readjustment allowance at a
rate not less than $125 for each month of satisfactory service as
determined by the President. The readjustment allowance of each
volunteer shall be payable on his return to the United States:
Provided, however, That, under such circumstances as the President may
determine, the accrued readjustment allowance, or any part thereof, may
be paid to the volunteer, members of his family or others, during the
period of his service, or prior to his return to the United States. In
the event of the volunteer's death during the period of his service, the
amount of any unpaid readjustment allowance shall be paid in accordance
with the provisions of section 5582(b) of title 5. For purposes of the
Internal Revenue Code of 1986, a volunteer shall be deemed to be paid
and to receive each amount of a readjustment allowance to which he is
entitled after December 31, 1964, when such amount is transferred from
funds made available under this chapter to the fund from which such
readjustment allowance is payable.
(d) Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 661
(e) Health care
Volunteers shall receive such health care during their service,
applicants for enrollment shall receive such health examinations
preparatory to their service, applicants for enrollment who have
accepted an invitation to begin a period of training under section
2507(a) of this title shall receive such immunization and dental care
preparatory to their service, and former volunteers shall receive such
health examinations within six months after termination of their
service, as the President may deem necessary or appropriate. Subject to
such conditions as the President may prescribe, such health care may be
provided in any facility of any agency of the United States Government,
and in such cases the appropriation for maintaining and operating such
facility shall be reimbursed from appropriations available under this
chapter.
(f) Retirement and other credits based upon length of service
(1) Any period of satisfactory service of a volunteer under this
chapter shall be credited in connection with subsequent employment in
the same manner as a like period of civilian employment by the United
States Government --
(A) for the purposes of section 816(a) of the Foreign Service Act of
1980 (22 U.S.C. 4056(a)) and every other Act establishing a retirement
system for civilian employees of any United States Government agency;
and
(B) except as otherwise determined by the President, for the purposes
of determining seniority, reduction in force, and layoff rights, leave
entitlement, and other rights and privileges based upon length of
service under the laws administered by the Director of the Office of
Personnel Management, the Foreign Service Act of 1980 (22 U. S.C. 3901
et seq.), and every other Act establishing or governing terms and
conditions of service of civilian employees of the United States
Government: Provided, That service of a volunteer shall not be credited
toward completion of any probationary or trial period or completion of
any service requirement for career appointment.
(2) For the purposes of paragraph (1)(A) of this subsection,
volunteers and volunteer leaders shall be deemed to be receiving
compensation during their service at the respective rates of
readjustment allowances payable under subsection (c) of this section and
section 2505(1) of this title.
(g) Assignment to other entities
The President may detail or assign volunteers or otherwise make them
available to any entity referred to in paragraph (1) of section 2509(a)
of this title on such terms and conditions as he may determine:
Provided, That not to exceed two hundred volunteers may be assigned to
carry out secretarial or clerical duties on the staffs of the Peace
Corps representatives abroad: Provided, however, That any volunteer so
detailed or assigned shall continue to be entitled to the allowances,
benefits and privileges of volunteers authorized under or pursuant to
this chapter.
(h) Tort claims; absentee voting; general average contributions for
transportation of baggage; check cashing and currency exchange; claims
for overpayment of pay; passport fees
Volunteers shall be deemed employees of the United States Government
for the purposes of the Federal Tort Claims Act and any other Federal
tort liability statute, the Federal Voting Assistance Act of 1955 /1/
(42 U.S.C. 1973cc et seq.), section 3342(a), (b), and (c)(1) of title
31, section 5584 of title 5 (and readjustment allowances paid under this
chapter shall be considered as pay for purposes of such section), and
section 214 of this title.
(i) Termination of service
The service of a volunteer may be terminated at any time at the
pleasure of the President.
(j) Oath of office
Upon enrollment in the Peace Corps, every volunteer shall take the
oath prescribed for persons appointed to any office of honor or profit
by section 3331 of title 5, and shall swear (or affirm) that he does not
advocate the overthrow of our constitutional form of government in the
United States, and that he is not a member of an organization that
advocates the overthrow of our constitutional form of government in the
United States, knowing that such organization so advocates.
(k) Counseling programs for returned volunteers
In order to assure that the skills and experience which former
volunteers have derived from their training and their service abroad are
best utilized in the national interest, the President may, in
cooperation with agencies of the United States, private employers,
educational institutions and other entities of the United States,
undertake programs under which volunteers would be counseled with
respect to opportunities for further education and employment.
(l) Legal expenses of defendant in judicial or administrative
proceedings
Notwithstanding any other provision of law, counsel may be employed
and counsel fees, court costs, bail, and other expenses incident to the
defense of volunteers may be paid in foreign judicial or administrative
proceedings to which volunteers have been made parties.
(m) Allowances and expenses of minor children
The minor children of a volunteer living with the volunteer may
receive --
(1) such living, travel, education, and leave allowances, such
housing, transportation, subsistence, and essential special items of
clothing as the President may determine;
(2) such health care, including health care following the volunteer's
service for illness or injury incurred during such service, and health
and accident insurance, as the President may determine and upon such
terms as he may determine, including health care in any facility
referred to in subsection (e) of this section, subject to such
conditions as the President may prescribe and subject to reimbursement
of appropriations as provided in such subsection (e);
(3) such orientation, language, and other training necessary to
accomplish the purposes of this chapter as the President may determine;
and
(4) the benefits of subsection (l) of this section on the same basis
as volunteers.
(n) Moving expenses
The costs of packing and unpacking, transporting to and from a place
of storage, and storing the furniture and household and personal effects
of a volunteer who has one or more minor children at the time of his
entering a period of pre-enrollment training may be paid from the date
of his departure from his place of residence to enter training until no
later than three months after termination of his service.
(Pub. L. 87-293, title I, 5, Sept. 22, 1961, 75 Stat. 613; Pub. L.
88-200, 2, Dec. 13, 1963, 77 Stat. 359; Pub. L. 89-134, 2, Aug. 24,
1965, 79 Stat. 549; Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 661,
662; Pub. L. 89-572, 2(a), Sept. 13, 1966, 80 Stat. 765; Pub. L.
91-99, 2, Oct. 29, 1969, 83 Stat. 166; Pub. L. 91-352, 3, July 24,
1970, 84 Stat. 464; Pub. L. 94-130, 4, 6, Nov. 14, 1975, 89 Stat. 684;
Pub. L. 95-331, 4, Aug. 2, 1978, 92 Stat. 414; 1978 Reorg. Plan No. 2,
102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96-465,
title II, 2202(a), Oct. 17, 1980, 94 Stat. 2157; Pub. L. 97-113, title
VI, 604(b), 606, Dec. 29, 1981, 95 Stat. 1543; Pub. L. 99-83, title XI,
1105(b), Aug. 8, 1985, 99 Stat. 276; Pub. L. 99-514, 2, Oct. 22, 1986,
100 Stat. 2095.)
This chapter, referred to in subsecs. (a), (e) to (h), and (m), was
in the original ''this Act'', meaning Pub. L. 87-293, Sept. 22, 1961,
75 Stat. 612, as amended, known as the Peace Corps Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 2501 of this title and Tables.
The Internal Revenue Code of 1986, referred to in subsec. (c), is
classified generally to Title 26, Internal Revenue Code.
The Foreign Service Act of 1980, referred to in subsec. (f)(1), is
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is
classified principally to chapter 52 ( 3901 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 3901 of this title and Tables.
The Federal Tort Claims Act, referred to in subsec. (h), is
classified generally to section 1346(b) and chapter 171 ( 2671 et seq.)
of Title 28, Judiciary and Judicial Procedure.
The Federal Voting Assistance Act of 1955, referred to in subsec.
(h), is act Aug. 9, 1955, ch. 656, 69 Stat. 584, as amended, which
was classified principally to subchapter I-D ( 1973cc et seq.) of
chapter 20 of Title 42, The Public Health and Welfare, and which was
repealed by Pub. L. 99-410, title II, 203, Aug. 28, 1986, 100 Stat.
930. See section 1973ff et seq. of Title 42.
In subsec. (h), ''section 3342(a), (b), and (c)(1) of title 31''
substituted for ''the Act of December 23, 1944, chapter 716, section 1,
as amended (31 U.S.C. 492a)'' on authority of Pub. L. 97-258, 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
In subsec. (j), ''section 3331 of title 5'' substituted for
''section 1757 of the Revised Statutes of the United States, as amended
(5 U.S.C. 16)'' on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80
Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees.
1986 -- Subsec. (c). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
1985 -- Subsec. (a). Pub. L. 99-83 in amending last sentence
generally, struck out provisions prohibiting political tests.
1981 -- Subsec. (c). Pub. L. 97-113, 606, substituted ''not less
than $125'' for ''not to exceed $125''.
Subsec. (h). Pub. L. 97-113, 604(b), struck out provision making
section 2702 of this title, relating to malpractice protection,
applicable to volunteers and vesting the President with the authority
reposed in the Secretary of State in section 2702(f) of this title, and
deeming a Peace Corps representative to be a principal representative of
the United States for purposes of section 2702(g) of this title. See
section 2509(i) and (j) of this title.
1980 -- Subsec. (f)(1)(A). Pub. L. 96-465, 2202- (a)(1)(A),
substituted ''section 816(a) of the Foreign Service Act of 1980'' for
''section 852(a)(1) of the Foreign Service Act of 1946, as amended (22
U.S.C. 1092(a)(1)),''.
Subsec. (f)(1)(B). Pub. L. 96-465, 2202(a)(1)(B), substituted
''Foreign Service Act of 1980'' for ''Foreign Service Act of 1946''.
Subsec. (h). Pub. L. 96-465, 2202(a)(2), substituted ''section 2702
of this title'' for ''section 817 of this title'' and ''President'' for
''Director of ACTION''.
1978 -- Subsec. (c). Pub. L. 95-331, 4(1), struck out provisions
relating to allowances for volunteers with minor children at the time of
their entering a period of pre-enrollment training.
Subsec. (h). Pub. L. 95-331, 4(2), inserted provisions relating to
applicability of malpractice protection.
1975 -- Subsec. (a). Pub. L. 94-130, 4, prohibited discrimination
against any person on account of sex.
Subsec. (c). Pub. L. 94-130, 6, substituted $125 for $75 in initial
clause of first sentence.
1970 -- Subsec. (c). Pub. L. 91-352, 3(a), inserted exception that
in case of volunteers having one or more children at time of entering a
period of pre-enrollment training, one parent would be entitled to
receive a readjustment allowance not exceeding $125 for each month of
satisfactory service as determined by the President, and substituted
''section 5582(b) of title 5'' for ''section 61f of title 5''.
Subsecs. (m), (n). Pub. L. 91-352, 3(b), added subsecs. (m) and
(n).
1969 -- Subsec. (h). Pub. L. 91-99 inserted provision that for
purposes of section 5584 of title 5 (and readjustment allowances made
thereto) volunteers are to be deemed employees of the United States
Government.
1966 -- Subsec. (d). Repealed by Pub. L. 89-554, and now covered by
section 8142 of Title 5, Government Organization and Employees.
Subsec. (f). Repealed, as applicable to the Civil Service Retirement
Act, as amended, by Pub. L. 89-554, and now covered by section 8332(b)
of Title 5.
Subsec. (h). Repealed, as applicable to act June 4, 1954, chapter
264, section 5 (5 U.S.C. 73b-5), by Pub. L. 89-554, and now covered by
section 5732 of Title 5.
Subsec. (l). Pub. L. 89-572 added subsec. (l).
1965 -- Subsec. (c). Pub. L. 89-134, 2(a), provided that, for
purposes of the Internal Revenue Code of 1954, a volunteer is deemed to
be paid and to receive readjustment allowance to which he is entitled
after December 31, 1964, when the amount is transferred from funds made
available under this chapter to the fund from which the readjustment
allowance is paid.
Subsec. (e). Pub. L. 89-134, 2(b), extended health care provisions to
include health examinations for applicants for enrollment prepratory to
their service, immunization and dental care for applicants who have
accepted an invitation to begin a period of training under section
2507(a) of this title, and health examinations to former volunteers
within six months after termination of their service.
Subsec. (g). Pub. L. 89-134, 2(c), authorized an increase from 100 to
200 in the number of volunteer secretaries and clerical workers
permitted to serve on the staffs of Peace Corps representatives abroad.
Subsec. (h). Pub. L. 89-134, 2(d), extended check cashing and
currency exchange transaction privileges of government employees to
Peace Corps volunteers.
1963 -- Subsec. (b). Pub. L. 88-200, 2(a), inserted provision for
transfer of supplies and equipment.
Subsec. (c). Pub. L. 88-200, 2(b), substituted ''a readjustment
allowance'' for ''termination payments'' in first sentence, the second
sentence reading ''The readjustment allowance of each volunteer shall be
payable on his return to the United States: Provided, however, That,
under such circumstances as the President may determine, the accrued
readjustment allowance, or any part thereof, may be paid to the
volunteer, members of his family or others, during the period of his
service, or prior to his return to the United States'' for ''The
termination payment of each volunteer shall be payable at the
termination of his service, or may be paid during the course of his
service to the volunteer, to members of his family or to others, under
such circumstances as the President may determine'' and ''readjustment
allowance'' for ''termination payment'' in third sentence.
Subsec. (f)(2). Pub. L. 88-200, 2(c), substituted ''readjustment
allowances'' for ''termination payments.''
Subsec. (g). Pub. L. 88-200, 2(d), provided for assignment of
volunteers to duties on staffs of Peace Corps representatives abroad.
Subsec. (h). Pub. L. 88-200, 2(e), provided that volunteers shall be
deemed employees of the U.S. Government for the purposes of absentee
voting assistance and payment of general average contributions for
transportation of baggage.
Subsec. (k). Pub. L. 88-200, 2(f), added subsec. (k).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
''Director of the Office of Personnel Management'' substituted for
''Civil Service Commission'' in subsec. (f)(1)(B), pursuant to Reorg.
Plan No. 2 of 1978, 102, 43 F.R. 36037, 92 Stat. 3783, set out under
section 1101 of Title 5, Government Organization and Employees, which
transferred all functions vested by statute in United States Civil
Service Commission to Director of Office of Personnel Management (except
as otherwise specified), effective Jan. 1, 1979, as provided by section
1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out
under section 1101 of Title 5.
Functions of President under this section, except those under subsec.
(f)(1)(B), delegated to Director of Peace Corps, with function of
prescribing conditions in subsec. (e) to be exercised in consultation
with head of agency responsible for facility, by sections 1-103, 1-106,
and 1-301(c) of Ex. Ord. No. 12137, May 16, 1979, 44 F. R. 29023, eff.
May 16, 1979, set out as a note under section 2501 of this title.
Section 2(b) of Pub. L. 89-572 provided that: ''The authority
contained in subsection (a) (adding subsec. (l) to this section) shall
extend to counsels fees, costs, and other expenses of the types
specified therein that were incurred prior to the date of enactment of
this Act (Sept. 13, 1966).''
Ex. Ord. No. 11103, Apr. 10, 1963, 28 F.R. 3571, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by the Civil Service Act (22
Stat. 403) (see, generally, section 1101 et seq. of Title 5, Government
Organization and Employers), and section 1753 of the Revised Statutes
(section 3301 of Title 5), and as President of the United States, it is
hereby ordered as follows:
Section 1. Under such regulations as the Office of Personnel
Management may prescribe, the head of any agency in the Executive Branch
may appoint in the competitive service any person who is certified by
the Director of the Peace Corps as having served satisfactorily as a
Volunteer or Volunteer Leader under the Peace Corps Act (see Short Title
note set out under section 2501 of this title) and who passes such
examination as the Office of Personnel Management may prescribe. Any
person so appointed shall, upon completion of the prescribed
probationary period, acquire a competitive status.
Sec. 2. The head of any agency in the Executive Branch having an
established merit system in the excepted service may appoint in such
service any person who is certified by the Director of the Peace Corps
as having served satisfactorily as a Volunteer or Volunteer Leader under
the Peace Corps Act (see Short Title note set out under section 2501 of
this title) and who passes such examination as such agency head may
prescribe.
Sec. 3. Certificates of satisfactory service for the purposes of this
order shall be issued only to persons who have completed a full term of
service (approximately two years) under the Peace Corps Act (see Short
Title note set out under section 2501 of this title): Provided, That
such certificates may be issued to persons who have completed a lesser
period of satisfactory service if, in the judgment of the Director of
the Peace Corps, (1) their service was of sufficient duration to
demonstrate their capability to complete satisfactorily a full term, and
(2) their failure to complete a full term was due to circumstances
beyond their control.
Sec. 4. Any appointment under this order shall be effected within a
period of one year after completion of the appointee's service under the
Peace Corps Act (see Short Title note set out under section 2501 of this
title): Provided, That such period may be extended to not more than
three years in the case of persons who, following such service, are
engaged in military service, in the pursuit of studies at a recognized
institution of higher learning, or in other activities which, in the
view of the appointing authority, warrant an extension of such period.
Sec. 5. Any law, Executive Order, or regulation which would
disqualify an applicant for appointment in the competitive service or in
the excepted service concerned shall also disqualify an applicant for
appointment under this order.
sections 912, 3401; title 42 section 409.
/1/ See References in Text note below.
22 USC 2505. Peace Corps volunteer leaders; number; applicability of
chapter; benefits
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President may enroll in the Peace Corps qualified citizens or
nationals of the United States whose services are required for
supervisory or other special duties or responsibilities in connection
with programs under this chapter (referred to in this chapter as
''volunteer leaders''). The ratio of the total number of volunteer
leaders to the total number of volunteers in service at any one time
shall not exceed one to twenty-five. Except as otherwise provided in
this chapter, all of the provisions of this chapter applicable to
volunteers shall be applicable to volunteer leaders, and the term
''volunteers'' shall include ''volunteer leaders'': Provided, however,
That --
(1) volunteer leaders shall be entitled to receive a readjustment
allowance at a rate not less than $125 for each month of satisfactory
service as determined by the President;
(2) spouses and minor children of volunteer leaders may receive such
living, travel, and leave allowances, and such housing, transportation,
subsistence, and essential special items of clothing, as the President
may determine, but the authority contained in this paragraph shall be
exercised only under exceptional circumstances;
(3) spouses and minor children of volunteer leaders accompanying them
may receive such health care as the President may determine and upon
such terms as he may determine, including health care in any facility
referred to in section 2504(e) of this title, subject to such conditions
as the President may prescribe and subject to reimbursement of
appropriations as provided in section 2504(e) of this title; and
(4) spouses and minor children of volunteer leaders accompanying them
may receive such orientation, language, and other training necessary to
accomplish the purposes of this chapter as the President may determine.
(Pub. L. 87-293, title I, 6, Sept. 22, 1961, 75 Stat. 615; Pub. L.
88-200, 3, Dec. 13, 1963, 77 Stat. 360; Pub. L. 89-134, 3, Aug. 24,
1965, 79 Stat. 549; Pub. L. 91-352, 4, July 24, 1970, 84 Stat. 465;
Pub. L. 97-387, 1(a), Dec. 23, 1982, 96 Stat. 1947.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
1982 -- Par. (1). Pub. L. 97-387 substituted ''not less than $125''
for ''not to exceed $125''.
1970 -- Pub. L. 91-352 struck out provisions extending health care
under cl. (3) to a married volunteer's child if born during the
volunteer's service.
1965 -- Pub. L. 89-134 extended the health care provisions of cl.
(3) to a married volunteer's child if born during the volunteer's
service.
1963 -- Pub. L. 88-200 substituted ''a readjustment allowance'' for
''termination payments'' in cl. (1).
Section 1(b) of Pub. L. 97-387 provided that: ''This amendment
(amending this section) shall be effective as of December 29, 1981.''
Functions of President under this section delegated to Director of
Peace Corps with functions relating to providing health care in
government facilities under clause (3) to be exercised in consultation
with head of agency responsible for facility by sections 1-103 and 1-106
of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979,
set out as a note under section 2501 of this title.
Appointment of former volunteer leaders to civilian career services,
see Ex. Ord. No. 11103, Apr. 10, 1963, 28 F.R. 3571, set out as a note
under section 2504 of this title.
title 26 sections 912, 3401; title 42 section 409.
22 USC 2506. Peace Corps employees
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Foreign employment; compensation, allowances, and benefits;
utilization of Presidential authority respecting Foreign Service;
additional compensation and differentials; additional governmental
employment by person receiving Foreign Service Reserve or staff
appointment or assignment; limitation on length of employment
(1) For the purpose of performing functions under this chapter
outside the United States, the President may employ or assign persons,
or authorize the employment or assignment of officers or employees of
agencies of the United States Government which are not authorized to
utilize the Foreign Service personnel system, who shall receive
compensation at any of the rates established under section 402 or 403 of
the Foreign Service Act of 1980 (22 U.S.C. 3962, 3963), together with
allowances and benefits thereunder; and persons so employed or assigned
shall be entitled, except to the extent that the President may specify
otherwise in cases in which the period of the employment or assignment
exceeds thirty months, to the same benefits as are provided by section
310 of that Act (22 U.S.C. 3950) for persons appointed to the Foreign
Service.
(2) The President may utilize such authority contained in the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.) relating to members of the
Foreign Service and other United States Government officers and
employees as the President deems necessary to carry out functions under
this chapter, except that --
(A) no Foreign Service appointment or assignment under this paragraph
shall be for a period of more than seven and one-half years, subject to
paragraph (5) and except as provided in paragraph (6); and
(B) no individual whose Foreign Service appointment or assignment
under this paragraph has been terminated shall be reappointed or
reassigned under this paragraph before the expiration of a period of
time equal to the preceding tour of duty of that individual.
Subparagraphs (A) and (B) do not apply with respect to foreign
national employees. Such provisions of the Foreign Service Act of 1980
(22 U.S.C. 3901 et seq.) (other than the provisions of section 309 (22
U.S.C. 3949)) as the President deems appropriate shall apply to
individuals appointed or assigned under this paragraph, including in all
cases, the provisions of section 310 of that Act (22 U.S.C. 3950),
except that (i) the President may by regulation make exceptions to the
application of section 310 (22 U.S.C. 3950) in cases in which the period
of the appointment or assignment exceeds thirty months, (ii) members of
the Foreign Service appointed or assigned pursuant to this paragraph
shall receive within-class salary increases in accordance with such
regulations as the President may prescribe, and (iii) under such
regulations as the President may prescribe, individuals who are to
perform duties of a more routine nature than are generally performed by
members of the Foreign Service assigned to class 9 in the Foreign
Service Schedule may be appointed to an unenumerated class ranking below
class 9 in the Foreign Service Schedule and be paid basic compensation
at rates lower than those for class 9, except that such rates may be no
less than the then applicable minimum wage rate specified in section
206(a)(1) of title 29.
(3) The President may specify what additional allowance authorized by
section 5941 of title 5 and which of the allowances and differentials
authorized by sections 5923 through 5925 of such title 5, may be granted
to any person employed, appointed, or assigned under this subsection and
may determine the rates thereof not to exceed the rates otherwise
granted to employees under the sections of title 5 referred to in this
paragraph.
(4) An individual who has received an appointment or assignment in
the Foreign Service under this subsection may, not later than September
30, 1982, or three years after separation from such appointment or
assignment, whichever is later, be appointed to a position in any United
States department, agency, or establishment --
(A) in the competitive service under title 5 without competitive
examination and in accordance with such regulations and conditions
consistent with this subsection as may be prescribed by the Director of
the Office of Personnel Management, or
(B) in an established merit system in the excepted service,
if such individual (i) served satisfactorily under the authority of
this subsection, as certified by the President, for not less than
thirty-six months on a continuous basis without a break in service of
more than three days, and (ii) is qualified for the position in
question.
(5) Except as provided in paragraph (6), the Director of the Peace
Corps may make appointments or assignments of United States citizens
under paragraph (2) for periods of more than five years only in the case
of individuals whose performance as employees of the Peace Corps has
been exceptional and only in order to achieve one or more of the
following purposes:
(A) To permit individuals who have served at least two and one-half
years of such an appointment or assignment abroad to serve in the United
States thereafter.
(B) To permit individuals who have served at least two and one-half
years of such an appointment or assignment in the United States to serve
abroad thereafter.
(C) To permit individuals who have served at least two and one-half
years of such an appointment or assignment in a recruitment, selection,
or training activity to be reassigned to an activity other than the one
in which they have most recently so served.
(D) To promote the continuity of functions in administering the Peace
Corps.
At no time may the number of appointments or assignments of United
States citizens in effect under paragraph (2) for periods in excess of
five years exceed fifteen percent of the total of all appointments and
assignments of United States citizens then in effect under paragraph
(2).
(6) Notwithstanding the limitation set forth in paragraph (2)(A) on
the length of an appointment or assignment under paragraph (2) and
notwithstanding the limitations set forth in paragraph (5) on the
circumstances under which such an appointment or assignment may exceed
five years, the Director of the Peace Corps, under special
circumstances, may personally approve an extension of an appointment or
assignment under paragraph (2) for not more than one year on an
individual basis.
(b) Repealed. Pub. L. 96-465, title II, 2205(9), Oct. 17, 1980, 94
Stat. 2160
(c) Peace Corps representatives; terms and conditions of service;
removal
In each country or area in which volunteers serve abroad, the
President may appoint an employee or a volunteer as a Peace Corps
representative to have direction of other employees of the Peace Corps
abroad and to oversee the activities carried on under this chapter in
such country or area. Unless a representative is a volunteer, the
compensation, allowances and benefits, and other terms and conditions of
service of each such representative, shall be the same as those of a
person appointed, or assigned pursuant to paragraph (1) or (2) of
subsection (a) of this section, except that any such representative may,
notwithstanding any provision of law, be removed by the President in his
discretion.
(Pub. L. 87-293, title I, 7, Sept. 22, 1961, 75 Stat. 615; Pub. L.
87-793, 1001(l), Oct. 11, 1962, 76 Stat. 865; Pub. L. 88-200, 4, Dec.
13, 1963, 77 Stat. 360; Pub. L. 89-134, 4, Aug. 24, 1965, 79 Stat.
549; Pub. L. 91-352, 5, July 24, 1970, 84 Stat. 465; Pub. L. 96-53,
title III, 302, Aug. 14, 1979, 93 Stat. 371; Pub. L. 96-465, title II,
2202(b), 2205(9), Oct. 17, 1980, 94 Stat. 2157, 2160; Pub. L. 98-473,
title I, 101(1)(title V, 541(a)), Oct. 12, 1984, 98 Stat. 1884, 1903;
Pub. L. 99-83, title XI, 1103(a), Aug. 8, 1985, 99 Stat. 272.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
The Foreign Service Act of 1980, referred to in subsec. (a)(1), (2),
is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is
classified principally to chapter 52 ( 3901 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 3901 of this title and Tables.
The effective date of this paragraph, referred to in subsec. (a)(4),
probably means the effective date of Pub. L. 96-53, Aug. 14, 1979, 93
Stat. 359, section 302 of which added subsec. (a)(4) and which became
effective Oct. 1, 1979, see Effective Date of 1979 Amendment note
below.
Amendment by Pub. L. 98-473 is based on section 703 of H.R. 5119,
Ninety-eighth Congress, as passed by the House of Representatives May
10, 1984, which was enacted into permanent law by Pub. L. 98-473.
1985 -- Subsec. (a)(2)(A). Pub. L. 99-83, 1103(a)(1), substituted
''seven and one-half'' for ''five'', substituted '', subject to
paragraph (5) and except as provided in paragraph (6)'' for ''unless the
Director of the Peace Corps, under special circumstances, personally
approves an extension of not more than one year on an individual
basis'', and inserted reference to section 309 of the Foreign Service
Act of 1980.
Subsec. (a)(5), (6). Pub. L. 99-83, 1103(a)(2), added pars. (5) and
(6).
1984 -- Subsec. (a)(2). Pub. L. 98-473 inserted provision that
subparagraphs (A) and (B) do not apply with respect to foreign national
employees.
1980 -- Subsec. (a)(1). Pub. L. 96-465, 2202(b)(1)(A), substituted
''which are not authorized to utilize the Foreign Service personnel
system, who shall receive compensation at any of the rates established
under section 402 or 403 of the Foreign Service Act of 1980'' for '',
who shall receive compensation at any of the rates provided for persons
appointed to the Foreign Service Reserve and Staff under the Foreign
Service Act of 1946, as amended (22 U.S.C. 801 et seq.)'' and ''section
310'' for ''section 528'' and struck out reference to the applicability
of section 1005 of the Foreign Service Act of 1946.
Subsec. (a)(2). Pub. L. 96-465, 2202(b)(1)(B), among other changes,
substituted references to the Foreign Service Act of 1980 for references
to the Foreign Service Act of 1946 and references to class 9 for class
10, and inserted provision relating to section 206(a)(1) of title 29.
Subsec. (a)(4). Pub. L. 96-465, 2202(b)(2), among other changes,
struck out provisions relating to the time Congress enacts Foreign
Service personnel reform legislation, inserted reference to September
30, 1982, and substituted ''such individual'' for ''such person'' and
''continuous basis without a break in service of more than three days''
for ''substantially continuous basis''.
Subsec. (b). Pub. L. 96-465, 2205(9), struck out subsec. (b) which
related to criteria for performance of foreign employment, separation,
and severance benefits. See sections 3922 and 4007 to 4009 of this
title.
1979 -- Subsec. (a)(4). Pub. L. 96-53 added par. (4).
1970 -- Subsec. (a)(3). Pub. L. 91-352 substantially reenacted
provisions and substituted references to section 5941 of title 5, and
sections 5923 through 5925 of such title 5, for references to section
118h of title 5 and title II of the Overseas Differentials and
Allowances Act.
1965 -- Subsec. (a). Pub. L. 89-134, 4(a), (b), redesignated subsec.
(c) as (a), incorporated into par. (1) material formerly set out as
introductory material, spelled out the authority of the President to
utilize his authority to appoint and assign persons under the Foreign
Service Act of 1946 by making specific reference to his authority as it
related to Foreign Service Reserve Officers, Foreign Service Staff
officers and employees, alien clerks and employees and other Government
officers and employees apart from the Foreign Service, limited to
five-year duration all Foreign Service Reserve or Staff appointments and
assignments unless the Director of the Peace Corps personally approved
one-years extensions on an individual basis, prohibited reappointment or
reassignment under this par. before expiration of a period of time
equal to the length of the appointee's preceding tour of duty, inserted
proviso in par. (2) allowing appointment of an unenumerated class of
Foreign Service staff officers and employees ranking below class 10 to
be paid basic compensation at rates lower than those of class 10 to
perform duties of a more routine nature than are usually performed by
Foreign Service staff officers and employees of class 10, and, in par.
(3), inserted reference to section 118h of title 5 and substituted
reference to subsec. (a) for reference to subsec. (c). Former subsec.
(a), relating to domestic employment, was repealed.
Subsec. (b). Pub. L. 89-134, 4(c), redesignated subsec. (d) as (b),
inserted ''for the purpose of performing functions under this chapter
outside the United States'' after ''or assigned'', and substituted
reference to subsec. (a)(2) for reference to subsec. (c)( 2). Former
subsec. (b), relating to compensation for domestic employment, was
repealed.
Subsec. (c). Pub. L. 89-134, 4(d), redesignated subsec. (e) as (c)
and substituted reference to subsec. (a) of this section for reference
to subsec. (c) of this section. Former subsec. (c) redesignated (a).
Subsecs. (d), (e). Pub. L. 89-134, 4(c), (d), redesignated subsecs.
(d) and (e) as (b) and (c), respectively.
1963 -- Subsec. (b). Pub. L. 88-200 struck out ''so'' before
''employed''.
1962 -- Subsec. (b). Pub. L. 87-793 substituted ''but not in excess
of the highest grade 18 of such general schedule'' for ''and of these
not to exceed two may be compensated at a rate in excess of the highest
rate provided for grades of such general schedule but not in excess of
$19,000 per year''.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this
title.
Section 5(a) of Pub. L. 89-134 provided that: ''Section 4 of this
Act (amending this section) shall not become effective until the first
day of the fourth pay period which begins after the date this Act
becomes law. (Aug. 24, 1965).''
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962, see section 1008 of Pub.
L. 87-793.
Functions of President under this section delegated to Director of
Peace Corps by section 1-103 of Ex. Ord. No. 12137, May 16, 1979, 44
F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of
this title.
Any substantial changes in policies in effect on May 16, 1979, for
the utilization of the Foreign Service Act of 1980 ( 3901 et seq. of
this title) pursuant to this section are to be coordinated with the
Secretary of State, see section 1-111 of Ex. Ord. No. 12137, May 16,
1979, 44 F.R. 29023, set out as a note under section 2501 of this title.
Section 1103(b) of Pub. L. 99-83 provided that: ''The Director of
the Peace Corps shall, not later than January 1, 1986, submit to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a report describing the
criteria to be applied by the Director in exercising the authority
provided by the amendments made by subsection (a) (amending subsec. (a)
of this section) to make appointments or assignments of individuals for
periods of more than five years. Not later than each January 1
thereafter, the Director shall submit to the Committees referred to in
the preceding sentence a report on --
''(1) the exercise of such authority during the preceding fiscal year
for each of the purposes specified in paragraph (5) of section 7( a) of
the Peace Corps Act, as added by subsection (a) of this section (22
U.S.C. 2506(a)(5)); and
''(2) the exercise during that fiscal year of the authority under
paragraph (6) of such section 7(a), as added by subsection (a) of this
section (22 U.S.C. 2506(a)(6)).''
Persons appointed, employed, or assigned under subsec. (a) of this
section are not, unless otherwise agreed by the agency in which such
benefits may be exercised, entitled to the benefits provided by section
928 of this title in cases in which their service under the appointment,
employment, or assignment exceeds thirty months, see section 1-401 of
Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, set out as a note
under section 2501 of this title.
Section 5(b) of Pub. L. 89-134 provided that: ''Under such
regulations as the President may prescribe, each person employed under
authorities repealed by section 4(a) of this Act (which repealed former
subsecs. (a) and (b) of this section providing for employment of
Washington headquarters personnel in accordance with standard civil
service laws) immediately prior to the effective date of that section
(see Effective Date of 1965 Amendment note above) shall effective on
that date be appointed a Foreign Service Reserve officer or Foreign
Service staff officer or employee under the authority of section 7(a)(
2) of the Peace Corps Act (subsec. (a)(2) of this section), as amended,
and appointed or assigned to an appropriate class thereof; except that
--
''(1) no person who holds a career or career-conditional appointment
immediately prior to the effective date of section 4(a) of this Act (see
effective date of 1965 Amendment note above) shall, without his consent,
be so appointed until three years after such effective date; and
''(2) each person so appointed who, immediately prior to the
effective date of section 4(a) of this Act (see effective date of 1965
Amendment note above), held a career or career-conditional appointment
at grade 8 or below of the General Schedule established by the
Classification Act of 1949, as amended (see 5101 et seq. of Title 5,
Government Organization and Employees), shall receive an appointment for
the duration of operations under the Peace Corps Act, as amended (see
Short Title note set out under section 2501 of this title).
Each person appointed under this subsection shall receive basic
compensation at the rate of his class determined by the President to be
appropriate, but the rate of basic compensation received by such person
immediately prior to the effective date of his appointment under this
subsection shall not be reduced by the provisions of this subsection.''
(Functions of the President conferred by section 5(b) of Pub. L.
89-134, set out above, to prescribe regulations and make determinations
(relating to appointment of Peace Corps Employees in the Foreign Service
System) were delegated to the Director of the Peace Corps, by section
1-105 of Ex. Ord. No. 12137, May 16, 1976, 44 F.R. 29023, set out as a
note under section 2501 of this title. Such functions were previously
transferred from the President to the Director of ACTION (now Action
Agency) by section 102(c) of Ex. Ord. No. 11603, June 30, 1971, 36 F.R.
12675, set out as a note under section 2501 of this title, which was
superseded by section 1-707 of Ex. Ord. No. 12137.)
22 USC 2507. Training program
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Applicants for enrollment and enrolled volunteers
The President shall make provision for such training as he deems
appropriate for each applicant for enrollment as a volunteer and each
enrolled volunteer. All of the provisions of this chapter applicable
respectively to volunteers and volunteer leaders shall be applicable to
applicants for enrollment as such during any period of training
occurring prior to enrollment, and the respective terms ''volunteers''
and ''volunteer leaders'' shall include such applicants during any such
period of training.
(b) Citizen trainees for voluntary programs; foreign nationals as
trainees; advances of funds or reimbursement basis; use of credits
The President may also make provision, on the basis of advances of
funds or reimbursement to the United States, for training for citizens
of the United States, other than those referred to in subsection (a) of
this section, who have been selected for service abroad in programs not
carried out under authority of this chapter which are similar to those
authorized by this chapter. The provisions of section 2508 of this
title shall apply, on a similar advance of funds or a reimbursement
basis, with respect to persons while within the United States for
training under authority of this subsection. Advances or reimbursements
received under this subsection may be credited to the current applicable
appropriation, fund, or account and shall be available for the purposes
for which such appropriation, fund, or account is authorized to be used.
(c) Instruction in communism
Training hereinabove provided for shall include instruction in the
philosophy, strategy, tactics, and menace of communism.
(Pub. L. 87-293, title I, 8, Sept. 22, 1961, 75 Stat. 616.)
This chapter, referred to in subsecs. (a) and (b), was in the
original ''this Act'', meaning Pub. L. 87-293, Sept. 22, 1961, 75
Stat. 612, as amended, known as the Peace Corps Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 2501 of this title and Tables.
Functions of President under this section delegated to Director of
Peace Corps by section 1-103 of Ex. Ord. No. 12137, May 16, 1979, 44
F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of
this title.
22 USC 2508. Foreign participants; admission into the United States as
nonimmigrants; deportation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In order to provide for assistance by foreign nationals in the
training of volunteers, and to permit effective implementation of Peace
Corps projects with due regard for the desirability of cost-sharing
arrangements, where appropriate, the President may make provision for
transportation, housing, subsistence, or per diem in lieu thereof, and
health care or health and accident insurance for foreign nationals
engaged in activities authorized by this chapter while they are away
from their homes, without regard to the provisions of any other law:
Provided, however, That per diem in lieu of subsistence furnished to
such persons shall not be at rates higher than those prescribed by the
Secretary of State pursuant to section 2679 of title 22. Such persons,
and persons coming to the United States under contract pursuant to
section 2509(a)(5) of this title, may be admitted to the United States,
if otherwise qualified, as nonimmigrants under section 1101(a)(15) of
title 8 for such time and under such conditions as may be prescribed by
regulations promulgated by the Secretary of State and the Attorney
General. A person admitted under this section who fails to maintain the
status under which he was admitted or who fails to depart from the
United States at the expiration of the time for which he was admitted,
or who engages in activities of a political nature detrimental to the
interests of the United States, or in activities not consistent with the
security of the United States, shall, upon the warrant of the Attorney
General, be taken into custody and promptly deported pursuant to
sections 1251, 1252, and 1253 of title 8. Deportation proceedings under
this section shall be summary and the findings of the Attorney General
as to matters of fact shall be conclusive.
(Pub. L. 87-293, title I, 9, Sept. 22, 1961, 75 Stat. 617; Pub. L.
97-113, title VI, 605(a), Dec. 29, 1981, 95 Stat. 1543.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
1981 -- Pub. L. 97-113 substituted reference to section ''2509(a)(
5)'' for ''2509(a)(4)'' of this title.
Functions of President under this section delegated to Director of
Peace Corps by section 1-103 of Ex. Ord. No. 12137, May 16, 1979, 44
F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of
this title.
22 USC 2509. Presidential powers and authorities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Contract authority; assignment of volunteers; acceptance of
voluntary services and gifts and transfers of property; personal
service contracts
In furtherance of the purposes of this chapter, the President may --
(1) enter into, perform, and modify contracts and agreements and
otherwise cooperate with any agency of the United States Government or
of any State or any subdivision thereof, other governments and
departments and agencies thereof, and educational institutions,
voluntary agencies, farm organizations, labor unions, and other
organizations, individuals and firms;
(2) assign volunteers in special cases to temporary duty with
international organizations and agencies when the Secretary of State
determines that such assignment would serve the purposes of this
chapter;
(3) assign volunteers to duty or otherwise make them available to any
entity referred to in paragraph (1), in order to assist such
organizations and agencies in providing development or other relief
assistance to displaced persons and refugees in any country, if the
government of the country agrees to such assignment;
(4) accept in the name of the Peace Corps and employ or transfer in
furtherance of the purposes of this chapter (A) voluntary services
notwithstanding the provisions of section 1342 of title 31, and (B) any
money or property (real, personal or mixed, tangible or intangible)
received by gift, devise, bequest, or otherwise; and
(5) contract with individuals for personal services abroad, and with
aliens (abroad or within the United States) for personal services within
the United States: Provided, That no such person shall be deemed an
officer or employee or otherwise in the service or employment of the
United States Government for any purpose.
(b) Claim settlements
Notwithstanding any other provision of law, whenever the President
determines that it will further the purposes of this chapter, the
President, under such regulations as he may prescribe, may settle and
pay, in an amount not exceeding $20,000, any claim against the United
States, for loss of or damage to real or personal property (including
loss of occupancy or use thereof) belonging to, or for personal injury
or death of, any person not a citizen or resident of the United States,
where such claim arises abroad out of the act or omission of any Peace
Corps employee or out of the act or omission of any volunteer, but only
if such claim is presented in writing within one year after it accrues.
Any amount paid in settlement of any claim under this subsection shall
be accepted by the claimant in full satisfaction thereof and shall bar
any further action or proceeding thereon.
(c) Three-year contract authority
Subject to any future action of the Congress, a contract or agreement
which entails commitments for the expenditure of funds available for the
purposes of this chapter, including commitments for the purpose of
paying or providing for allowances and other benefits of volunteers
authorized by sections 2504 and 2505 of this title, may extend at any
time for not more than thirty-six months.
(d) Waiver of certain Federal laws
Whenever the President determines it to be in furtherance of the
purposes of this chapter, functions authorized by this chapter may be
performed without regard to such provisions of law (other than section 5
of title 41, section 252 of title 41, and the Renegotiation Act of 1951,
as amended (50 App. U.S.C. 1211 et seq.)) regulating the making,
performance, amendment, or modification of contracts and the expenditure
of Government funds as the President may specify.
(e) Allocation of funds
The President may allocate or transfer to any agency of the United
States Government any funds available for carrying out the purposes of
this chapter including any advance received by the United States from
any country or international organization under authority of this
chapter, but not to exceed 20 per centum in the aggregate of such funds
may be allocated or transferred to agencies other than the Peace Corps.
Such funds shall be available for obligation and expenditure for the
purposes of this chapter in accordance with authority granted in this
chapter or under authority governing the activities of the agencies of
the United States Government to which such funds are allocated or
transferred.
(f) Utilization of other Government agency services and facilities
Any officer of the United States Government carrying out functions
under this chapter may utilize the services and facilities of, or
procure commodities from, any agency of the United States Government as
the President shall direct, or with the consent of the head of such
agency, and funds allocated pursuant to this subsection to any such
agency may be established in separate appropriation accounts on the
books of the Treasury.
(g) Reimbursement for commodities, services and facilities
In the case of any commodity, service, or facility procured from any
agency of the United States Government under this chapter, reimbursement
or payment shall be made to such agency from funds available under this
chapter. Such reimbursement or payment shall be at replacement cost,
or, if required by law, at actual cost, or at any other price authorized
by law and agreed to by the owning or disposing agency. The amount of
any such reimbursement or payment shall be credited to current
applicable appropriations, funds, or accounts from which there may be
procured replacements of similar commodities, services, or facilities,
except that where such appropriations, funds, or accounts are not
reimbursable except by reason of this subsection, and when the owning or
disposing agency determines that such replacement is not necessary, any
funds received in payment therefor shall be covered into the Treasury as
miscellaneous receipts.
(h) Hospitalization and medical treatment for Foreign Service local
employees
The President may provide hospitalization and medical treatment to
Foreign Service local employees who are within the United States for
training related to their employment under this chapter, for illnesses,
injuries, or conditions other than those arising out of and in the
course of employment, which, in the judgment of the President, began
during such employee's travel related to such training or so near to the
beginning of such travel that the onset of the illness, injury, or
condition could not have been known, and for which immediate medical
treatment or hospitalization is reasonably required.
(i) Procurement of legal services
The Director of the Peace Corps shall have the same authority as is
available to the Secretary of State under section 2698(a) of this title.
For purposes of this subsection, the reference in such section 2698(a)
of this title to a principal officer of the Foreign Service shall be
deemed to be a reference to a Peace Corps representative and the
reference in such section to a member of the Foreign Service shall be
deemed to be a reference to a person employed, appointed, or assigned
under this chapter.
(j) Malpractice protection
The provisions of section 2702 of this title shall apply to
volunteers and persons employed, appointed, or assigned under this
chapter. For purposes of this subsection, references to the Secretary
in subsection (b) of such section shall be deemed to be references to
the Director of the Peace Corps, references to the Secretary in
subsection (f) of such section shall be deemed to be references to the
President, and the reference in subsection (g) of such section to a
principal representative of the United States shall be deemed to be a
reference to a Peace Corps representative.
(Pub. L. 87-293, title I, 10, Sept. 22, 1961, 75 Stat. 617; Pub. L.
88-200, 5, Dec. 13, 1963, 77 Stat. 360; Pub. L. 89-134, 6, Aug. 24,
1965, 79 Stat. 551; Pub. L. 89-572, 6, Sept. 13, 1966, 80 Stat. 765;
Pub. L. 93-49, 2, June 25, 1973, 87 Stat. 99; Pub. L. 95-331, 5(a),
(c), Aug. 2, 1978, 92 Stat. 414, 415; Pub. L. 97-113, title VI, 604(
a), Dec. 29, 1981, 95 Stat. 1543.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
The Renegotiation Act of 1951, as amended, referred to in subsec.
(d), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which was
classified principally to section 1211 et seq. of Title 50, Appendix,
War and National Defense, prior to its omission from the Code. See
Codification note preceding section 1211 of Title 50, Appendix.
In subsec. (a)(4), ''section 1342 of title 31'' substituted for ''31
U.S.C. 665(b)'' on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982,
96 Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
1981 -- Subsecs. (i), (j). Pub. L. 97-113 added subsecs. (i) and
(j).
1978 -- Subsec. (a)(2). Pub. L. 95-331, 5(a)(1), struck out proviso
limiting to no more than 125 Peace Corps volunteers or volunteer leaders
the number assignable to the described organizations.
Subsec. (a)(3) to (5). Pub. L. 95-331, 5(c), added par. (3) and
redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsec. (b). Pub. L. 95-331, 5(a)(2), substituted ''$20,000'' for
''$10,000''.
Subsec. (h). Pub. L. 95-331, 5(a)(3), added subsec. (h).
1973 -- Subsec. (d). Pub. L. 93-49 excepted from waiver of Federal
laws the application of sections 5 and 252 of title 41.
1966 -- Subsec. (a)(3). Pub. L. 89-572 inserted ''or transfer''
after ''and employ'' and struck out '', and transfer such money or
property to the government or other entities of the country or area with
which the volunteers are serving, when such transfers would further the
general purposes of the chapter''.
1965 -- Subsec. (a)(3). Pub. L. 89-134 inserted ''money or'' after
''and transfer such''.
1963 -- Subsec. (a)(3). Pub. L. 88-200 inserted provision for
transfer of property.
Section 5(b) of Pub. L. 95-331 provided that: ''The amendment made
by paragraph (2) of subsection (a) (amending this section) shall apply
to claims made after the date of the enactment of this Act (Aug. 2,
1978).''
Funds available to President under this chapter allocated to and
functions of President under this section, except subsec. (d) and those
functions under subsec. (f) relating to directing agencies to provide
services, facilities, and commodities to officers carrying out functions
under this chapter, were delegated to Director of Peace Corps by
sections 1-103 and 1-301(a), (d) of Ex. Ord. No. 12137, May 16, 1979,
44 F.R. 29203, eff. May 16, 1979, set out as a note under section 2501
of this title.
Section 604(c) of Pub. L. 97-113 provided: ''To the extent that the
authorities provided by the amendments made by subsection (a) (enacting
subsecs. (i) and (j) of this section) are authorities which are not
applicable with respect to the Peace Corps immediately before the
enactment of this Act (Dec. 29, 1981) and which require the expenditure
of funds, those authorities may not be exercised using any funds
appropriated after February 15, 1981, and before the date of the
enactment of this Act.''
For determination under subsec. (d) of this section that it is in
the furtherance of the purposes of this chapter and that the functions
under this chapter may be performed without regard to the applicable
laws specified in section 1 and 2 of Ex. Ord. No. 11223, May 12, 1965,
30 F.R. 6635, set out as a note under section 2393 of this title, with
certain limitations see section 1-402 of Ex. Ord. No. 12137, May 16,
1979, 44 F.R. 29203, set out as a note under section 2501 of this title.
22 USC 2510. Reports to Congress
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President shall transmit to the Congress, at least once in each
fiscal year, a report on operations under this chapter. Each report
shall contain information describing efforts undertaken to improve
coordination of activities of the Peace Corps with activities of
international voluntary service organizations, such as the United
Nations volunteer program, and of host country voluntary service
organizations, including --
(1) a description of the purpose and scope of any development project
which the Peace Corps undertook during the preceding fiscal year as a
joint venture with any such international or host country voluntary
service organization; and
(2) recommendations for improving coordination of development
projects between the Peace Corps and any such international or host
country voluntary service organization.
The President shall also include in the report a description of any
plans to carry out the policy set forth in section 2501(b) of this
title.
(Pub. L. 87-293, title I, 11, Sept. 22, 1961, 75 Stat. 619; Pub. L.
95-331, 6, Aug. 2, 1978, 92 Stat. 415; Pub. L. 99-83, title XI, 1102(
b), Aug. 8, 1985, 99 Stat. 272.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
1985 -- Pub. L. 99-83 inserted provisions requiring the President to
include in the report a description of any plans to carry out the policy
set forth in section 2501(b) of this title.
1978 -- Pub. L. 95-331 inserted provisions relating to reporting
requirements for efforts undertaken to improve coordination of Peace
Corps activities with voluntary service organizations.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Functions of President under this section delegated to Director of
Peace Corps with reports to be prepared by Director and submitted
through President by sections 1-103 and 1-107 of Ex. Ord. No. 12137,
May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under
section 2501 of this title.
22 USC 2511. Peace Corps National Advisory Council
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment
A Peace Corps National Advisory Council (hereinafter in this section
referred to as the ''Council'') shall be established in accordance with
the provisions of this section.
(b) Functions
(1) The Council shall advise and consult with the President and the
Director of the Peace Corps with regard to policies and programs
designed to further the purposes of this chapter and shall, as the
Council considers appropriate, periodically report to the Congress with
regard to the Peace Corps.
(2) Members of the Council shall (subject to subsection (d)(1) of
this section) conduct on-site inspections, and make examinations, of the
activities of the Peace Corps in the United States and in other
countries in order to --
(A) evaluate the accomplishments of the Peace Corps;
(B) assess the potential capabilities and the future role of the
Peace Corps;
(C) make recommendations to the President, the Director of the Peace
Corps, and, as the Council considers appropriate, the Congress, for the
purpose of guiding the future direction of the Peace Corps and of
helping to ensure that the purposes and programs of the Peace Corps are
carried out in ways that are economical, efficient, responsive to
changing needs in developing countries and to changing relationships
among people, and in accordance with law; and
(D) make such other evaluations, assessments, and recommendations as
the Council considers appropriate.
(3) The Council may provide for public participation in its
activities.
(c) Membership
(1) Persons appointed as members of the Council shall be broadly
representative of the general public, including educational
institutions, private volunteer agencies, private industry, farm
organizations, labor unions, different regions of the United States,
different educational, economic, racial, and national backgrounds and
age groupings, and both sexes.
(2)(A) The Council shall consist of fifteen voting members who shall
be appointed by the President, by and with the advice and consent of the
Senate. At least seven of such members shall be former Peace Corps
volunteers, and not more than eight of such members shall be members of
the same political party.
(B) The first appointments of members of the Council under this
paragraph shall be made not more than sixty days after August 8, 1985,
and, solely for purposes of determining the expiration of their terms,
shall be deemed to take effect on the sixtieth day after August 8, 1985.
(C) No member appointed under this paragraph may be an officer or
employee of the United States Government.
(D) Of the members initially appointed under this paragraph, eight
shall be appointed to 1-year terms and seven shall be appointed to
2-year terms. Thereafter, all appointed members shall be appointed to
2-year terms.
(E) A member of the Council appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor was
appointed shall be appointed only for the remainder of that term.
(F) No member of the Council may serve for more than two consecutive
2-year terms.
(G) Members of the Council shall serve at the pleasure of the
President.
(H) An appointed member of the Council may be removed by a vote of
nine members for malfeasance in office, for persistent neglect of or
inability to discharge duties, or for offenses involving moral
turpitude, and for no other cause.
(I) Within thirty days after any vacancy occurs in the office of an
appointed member of the Council, the President shall nominate an
individual to fill the vacancy.
(3) In addition to the voting members of the Council, the Secretary
of State and the Administrator of the Agency for International
Development, or their designees, and the Director and Deputy Director of
the Peace Corps, shall be non-voting members, ex officio, of the
Council.
(d) Compensation
(1) Except as provided in paragraph (2), a member of the Council who
is not an officer or employee of the United States Government --
(A) shall be paid compensation out of funds made available for the
purposes of this chapter at the daily equivalent of the highest rate
payable under section 5332 of title 5 for each day (including travel
time) during which the member is engaged in the actual performance of
duties as a Council member, and
(B) while away from his or her home or regular place of business on
necessary travel, as determined by the Director of the Peace Corps, in
the actual performance of duties as a Council member, shall be paid per
diem, travel, and transportation expenses in the same manner as is
provided under subchapter I of chapter 57 of title 5.
(2) A member of the Council may not be paid compensation under
paragraph (1)(A) for more than twenty days in any calendar year.
(e) Quorum
A majority of the voting members of the Council shall constitute a
quorum for the purposes of transacting any business.
(f) Financial interests of members
A member of the Council shall disclose to the Council the existence
of any direct or indirect financial interest of that member in any
particular matter before the Council and may not vote or otherwise
participate as a Council member with respect to that particular matter.
(g) Chair and Vice Chair
At its first meeting and at its first regular meeting in each
calendar year thereafter, the Council shall elect a Chair and Vice Chair
from among its appointed members who are citizens of the United States.
The Chair and Vice Chair may not both be members of the same political
party.
(h) Meetings, bylaws, and regulations
(1) The Council shall hold a regular meeting during each calendar
quarter and shall meet at the call of the President, the Director of the
Peace Corps, the Council's Chair, or one-fourth of its members.
(2) The Council shall prescribe such bylaws and regulations as it
considers necessary to carry out its functions. Such bylaws and
regulations shall include procedures for fixing the time and place of
meetings, giving or waiving of notice of meetings, and keeping of
minutes of meetings.
(i) Reports to the President and the Director
Not later than January 1, 1988, and not later than January 1 of each
second year thereafter, the Council shall submit to the President and
the Director of the Peace Corps a report on its views on the programs
and activities of the Peace Corps. Each report shall contain a summary
of the advice and recommendations provided by the Council to the
President and the Director during the period covered by the report and
such recommendations (including recommendations for administrative or
legislative action) as the Council considers appropriate to make to the
Congress. Within ninety days after receiving each such report, the
President shall submit to the Congress a copy of the report, together
with any comments concerning the report that the President or the
Director considers appropriate.
(j) Administrative assistance
The Director of the Peace Corps shall make available to the Council
such personnel, administrative support services, and technical
assistance as are necessary to carry out its functions effectively.
(Pub. L. 87-293, title I, 12, as added Pub. L. 99-83, title XI,
1104(a), Aug. 8, 1985, 99 Stat. 273.)
This chapter, referred to in subsecs. (b)(1) and (d)(1)(A), was in
the original ''this Act'', meaning Pub. L. 87-293, Sept. 22, 1961, 75
Stat. 612, as amended, known as the Peace Corps Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 2501 of this title and Tables.
A prior section 2511, Pub. L. 87-293, title I, 12, Sept. 22, 1961,
75 Stat. 619, which established the Peace Corps National Advisory
Council, and set forth its composition, functions, and terms of members,
was repealed by Pub. L. 92-352, title IV, 403, July 13, 1972, 86 Stat.
495, eff. 90 days after July 13, 1972.
Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-83,
set out as an Effective Date of 1985 Amendment note under section 2151-1
of this title.
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided for by law. See sections 3(2) and 14 of
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
Appendix to Title 5, Government Organization and Employees.
Section 1104(b) of Pub. L. 99-83 provided that: ''Any advisory body
carrying out functions similar to those assigned to the Peace Corps
National Advisory Council provided for in subsection (a) (enacting this
section) shall cease to exist sixty days after the date of the enactment
of this Act (Aug. 8, 1985).''
22 USC 2512. Experts and consultants
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Employment; compensation, travel expenses and per diem; renewal
of contracts
Experts and consultants or organizations thereof may, as authorized
by section 3109 of title 5, be employed by the President for the
performance of functions under this chapter, and individuals so employed
may be compensated at rates not in excess of the per diem equivalent of
the highest rate payable under section 5332 of title 5, and while away
from their homes or regular places of business, they may be paid actual
travel expenses and per diem in lieu of subsistence and other expenses
at the applicable rate prescribed in the Standardized Government Travel
Regulations, as amended from time to time, while so employed: Provided,
That contracts for such employment may be renewed annually.
(b) Exemption from restrictions upon receipt of retirement benefits
Service of an individual as a member of the Council authorized to be
established by section 2511 /1/ of this title or as an expert or
consultant under subsection (a) of this section shall not be considered
as employment or holding of office or position bringing such individual
within the provisions of sections 3323(b) and 8344 of title 5, section
4064 of this title, or any other law limiting the reemployment of
retired officers or employees or governing the simultaneous receipt of
compensation and retired pay or annuities, subject to section 5532 of
title 5.
(Pub. L. 87-293, title I, 13, Sept. 22, 1961, 75 Stat. 619; Pub. L.
88-200, 6, Dec. 13, 1963, 77 Stat. 360; Pub. L. 88-448, title IV, 401(
c), Aug. 19, 1964, 78 Stat. 490; Pub. L. 91-352, 6, July 24, 1970, 84
Stat. 465; Pub. L. 96-465, title II, 2202(c), Oct. 17, 1980, 94 Stat.
2158.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as
amended, known as the Peace Corps Act. For complete classification of
this Act to the Code, see Short Title note set out under section 2501 of
this title and Tables.
Section 2511 of this title, referred to in subsec. (b), was repealed
by Pub. L. 92-352, title IV, 403, July 13, 1972, 86 Stat. 495.
1980 -- Subsec. (b). Pub. L. 96-465 substituted ''section 4064 of
this title'' for ''section 1112 of this title''.
1970 -- Subsec. (a). Pub. L. 91-352, 6(a), substituted ''section
3109 of title 5'' for ''section 55a of title 5'' and ''the per diem
equivalent of the highest rate payable under section 5332 of title 5''
for ''$75 per diem''.
Subsec. (b). Pub. L. 91-352, 6(b), substituted ''sections 3323(b) and
8344 of title 5'' and ''section 5532 of title 5'' for ''section 2263 of
title 5'' and ''section 3102 of title 5'', respectively.
1964 -- Subsec. (b). Pub. L. 88-448 struck out provisions providing
that such service shall not be considered as employment or holding of
office or position bringing such individual within the provisions of
section 59a of title 5, and inserted '', subject to section 3102 of
title 5''.
1963 -- Subsec. (a). Pub. L. 88-200, 6(a), substituted ''President''
for ''Peace Corps''.
Subsec. (b). Pub. L. 88-200, 6(b), struck out provisions for
exemption from conflict-of-interest laws and restrictions upon receipt
of compensation.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
Amendment by Pub. L. 88-448 effective on first day of first month
which begins later than ninetieth day following Aug. 19, 1964, see
section 403 of Pub. L. 88-448.
Functions of President under this section delegated to Director of
Peace Corps by section 1-103 of Ex. Ord. No. 12137, May 16, 1979, 44
F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of
this title.
Abolition of Peace Corps National Advisory Council, see section 2511
of this title.
/1/ See References in Text note below.
22 USC 2513. Assignment of personnel to foreign governments or
international organizations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authority; oath of allegiance
In furtherance of the purposes of this chapter, the head of any
agency of the United States Government is authorized to detail, assign,
or otherwise make available any officer or employee of his agency (1) to
serve with, or as a member of, the international staff of any
international organization, or (2) to any office or position to which no
compensation is attached with any foreign government or agency thereof:
Provided, That such acceptance of such office or position shall in no
case involve the taking of an oath of allegiance to another government.
(b) Benefits of detailed personnel
Any such officer or employee, while so detailed or assigned, shall be
considered, for the purpose of preserving his allowances, privileges,
rights, seniority, and other benefits as such, an officer or employee of
the United States Government and of the agency of the United States
Government from which detailed or assigned, and he shall continue to
receive compensation, allowances, and benefits from funds authorized by
this chapter. He may also receive, under such regulations as the
President may prescribe, representation allowances similar to those
allowed under section 4085 of this title. The authorization of such
allowances and other benefits, and the payment thereof out of any
appropriations available therefor, shall be considered as meeting all of
the requirements of section 5536 of title 5.
(c) Reimbursement provisions
Details or assignments may be made under this section --
(1) without reimbursement to the United States Government by the
international organization or foreign government;
(2) upon agreement by the international organization or foreign
government to reimburse the United States Government for compensation,
travel expenses, and allowances, or any part thereof, payable to such
officer or employee during the period of assignment or detail in
accordance with subsection (b) of this section; and such reimbursement
shall be credited to the appropriation, fund, or account utilized for
paying such compensation, travel expenses, or allowances, or to the
appropriation, fund, or account currently available for such purpose;
or
(3) upon an advance of funds, property or services to the United
States Government accepted with the approval of the President for
specified uses in furtherance of the purposes of this chapter; and
funds so advanced may be established as a separate fund in the Treasury
of the United States Government, to be available for the specified uses,
and to be used for reimbursement of appropriations or direct expenditure
subject to the provisions of this chapter, any unexpended balance of
such account to be returned to the foreign government or international
organization.
(Pub. L. 87-293, title I, 14, Sept. 22, 1961, 75 Stat. 620; Pub. L.
91-352, 7, July 24, 1970, 84 Stat. 465; Pub. L. 96-465, title II,
2202(d), Oct. 17, 1980, 94 Stat. 2158.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
1980 -- Subsec. (b). Pub. L. 96-465 substituted ''section 4085 of
this title'' for ''section 1131 of this title''.
1970 -- Subsec. (b). Pub. L. 91-352 substituted ''section 5536 of
title 5'' for ''section 70 of title 5''.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
Functions of President under this section delegated to Director of
Peace Corps by section 1-103 of Ex. Ord. No. 12137, May 16, 1979, 44
F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of
this title.
22 USC 2514. Use of funds
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Administrative and other expenses
Funds made available for the purposes of this chapter may be used for
compensation, allowances and travel of employees, including members of
the Foreign Service whose services are utilized primarily for the
purposes of this chapter, for printing and binding without regard to the
provisions of any other law, and for expenditures outside the United
States for the procurement of supplies and services and for other
administrative and operating purposes (other than compensation of
employees) without regard to such laws and regulations governing the
obligation and expenditure of Government funds as may be necessary to
accomplish the purposes of this chapter.
(b) Travel expenses abroad; transportation of personal effects,
household goods and automobiles; storage
Funds made available for the purposes of this chapter may be used to
pay expenses in connection with travel abroad of employees and, to the
extent otherwise authorized by this chapter, of volunteers, including
travel expenses of dependents (including expenses during necessary
stopovers while engaged in such travel), and transportation of personal
effects, household goods, and automobiles when any part of such travel
or transportation begins in one fiscal year pursuant to travel orders
issued in that fiscal year, notwithstanding the fact that such travel or
transportation may not be completed during the same fiscal year, and
cost of transporting to and from a place of storage, and the cost of
storing automobiles of employees when it is in the public interest or
more economical to authorize storage.
(c) Costs of training personnel employed or assigned overseas
Funds available under this chapter may be used to pay costs of
training employees employed or assigned pursuant to section 2506(a)(2)
of this title (through interchange or otherwise) at any State or local
unit of government, public or private nonprofit institution, trade,
labor, agricultural, or scientific association or organization, or
commercial firm; and the provisions of sections 1881 to 1888 /1/ of
title 7 may be used to carry out the foregoing authority notwithstanding
that interchange of personnel may not be involved or that the training
may not take place at the institutions specified in sections 1881 to
1888 /1/ of title 7. Any payments or contributions in connection
therewith may, as deemed appropriate by the head of the agency of the
United States Government authorizing such training, be made by private
or public sources and be accepted by any trainee, or may be accepted by
and credited to the current applicable appropriation of such agency:
Provided, however, That any such payments to an employee in the nature
of compensation shall be in lieu, or in reduction, of compensation
received from the United States Government.
(d) Payment of expenses
Funds available for the purposes of this chapter shall be available
for --
(1) rent of buildings and space in buildings in the United States,
and for repair, alteration, and improvement of such leased properties;
(2) expenses of attendance at meetings concerned with the purposes of
this chapter, including (notwithstanding the provisions of section
1346(a) and (c) of title 31) expenses in connection with meetings of
persons whose employment is authorized by section 2512(a) of this title;
(3) rental and hire of aircraft;
(4) purchase and hire of passenger motor vehicles: Provided, That,
except as may otherwise be provided in an appropriation or other Act,
passenger motor vehicles for administrative purposes abroad may be
purchased for replacement only, and such vehicles may be exchanged or
sold and replaced by an equal number of such vehicles, and the cost,
including exchange allowance, of each such replacement shall not exceed
the applicable cost limitation described in section 2396(a)(5) of this
title in the case of an automobile for any Peace Corps country
representative appointed under section 2506(c) of this title: Provided
further, That the provisions of section 1343 of title 31 shall not apply
to the purchase of vehicles for the transportation, maintenance, or
direct support of volunteers overseas: Provided further, That passenger
motor vehicles may be purchased for use in the United States only as may
be specifically provided in an appropriation or other Act;
(5) entertainment (not to exceed $5,000 in any fiscal year except as
may otherwise be provided in an appropriation or other Act);
(6) exchange of funds without regard to section 3561 /2/ of the
Revised Statutes (31 U.S.C. 543) and loss by exchange;
(7) expenditures (not to exceed $20,000 in any fiscal year except as
may be otherwise provided in an appropriation or other Act) not
otherwise authorized by law to meet unforeseen emergencies or
contingencies arising in the Peace Corps: Provided, That a certificate
of the amount only of each such expenditure and that such expenditure
was necessary to meet an unforeseen emergency or contingency, made by
the Director of the Peace Corps or his designee, shall be deemed a
sufficient voucher for the amount therein specified;
(8) insurance of official motor vehicles acquired for use abroad;
(9) rent or lease abroad for not to exceed five years of offices,
health facilities, buildings, grounds, and living quarters, and payments
therefor in advance; maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or rented by the
United States Government or made available for its use abroad; and
costs of fuel, water, and utilities for such properties;
(10) expenses of preparing and transporting to their former homes,
or, with respect to foreign participants engaged in activities under
this chapter, to their former homes or places of burial, and of care and
disposition of, the remains of persons or members of the families of
persons who may die while such persons are away from their homes
participating in activities under this chapter;
(11) use in accordance with authorities of the Foreign Service Act of
1946, as amended (22 U.S.C. 801 et seq.), not otherwise provided for;
and
(12) ice and drinking water for use abroad.
(Pub. L. 87-293, title I, 15, Sept. 22, 1961, 75 Stat. 621; Pub. L.
89-134, 7, Aug. 24, 1965, 79 Stat. 551; Pub. L. 89-572, 3, Sept. 13,
1966, 80 Stat. 765; Pub. L. 96-465, title II, 2202(e), Oct. 17, 1980,
94 Stat. 2158; Pub. L. 96-533, title VI, 601(c), Dec. 16, 1980, 94
Stat. 3155; Pub. L. 100-202, 101(e) (title II, 201), Dec. 22, 1987, 101
Stat. 1329-131, 1329-145.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
Sections 1881 to 1888 of title 7, referred to in subsec. (c), were
repealed by Pub. L. 91-648, title IV, 403, Jan. 5, 1971, 84 Stat.
1925. See section 3371 et seq. of Title 5, Government Organization and
Employees.
Section 3561 of the Revised Statutes (31 U.S.C. 543), referred to in
subsec. (d)(6), probably was meant to be a reference to section 3651 of
the Revised Statutes, which was classified to section 543 of former
Title 31 and which was repealed by Pub. L. 97-258, 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money
and Finance.
The Foreign Service Act of 1946, referred to in subsec. (d)(11), is
act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, as amended,
which was classified principally to chapter 14 ( 801 et seq.) of this
title, and was repealed by Pub. L. 96-465, title II, 2205(1), Oct. 17,
1980, 94 Stat. 2159, the Foreign Service Act of 1980. The Foreign
Service Act of 1980 is classified principally to chapter 52 ( 3901 et
seq.) of this title. Section 2401(c) of the 1980 Act (22 U.S.C. 4172(
c)) provides in part that references in law to provisions of the Foreign
Service Act of 1946 shall be deemed to include reference to the
corresponding provisions of the 1980 Act. For provisions corresponding
to the Foreign Service Act of 1946, see Table preceding section 801 of
this title. For complete classification of the 1946 Act to the Code
prior to its repeal, see Tables.
In subsec. (d)(2), ''sections 1346(a) and (c) of title 31''
substituted for ''section 9 of Public Law 60-328 (31 U.S.C. 673)'' on
authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the
first section of which enacted Title 31, Money and Finance.
1987 -- Subsec. (d)(4). Pub. L. 100-202 substituted ''the applicable
cost limitation described in section 2396(a)(5) of this title'' for
''$2,500'' and inserted proviso that section 1343 of title 31 not apply
to the purchase of vehicles for the transportation, maintenance, or
direct support of volunteers overseas.
1980 -- Subsec. (a). Pub. L. 96-465 substituted ''members of the
Foreign Service'' for ''Foreign Service personnel''.
Subsec. (d)(7). Pub. L. 96-533 increased to $20,000 from $5,000
fiscal year expenditures limitation.
1966 -- Subsec. (c). Pub. L. 89-572, 3(a), substituted ''2506(a)(
2)'' for ''2506(c)(2)''.
Subsec. (d)(4). Pub. L. 89-572, 3(b), substituted ''2506(c)'' for
''2506(e)''.
1965 -- Subsec. (c). Pub. L. 89-134 struck out provision that
training not be considered employment or holding of office under section
2 of the Act of July 31, 1894, as amended (5 U.S.C. 62).
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
/1/ See References in Text note below.
/2/ See References in Text note below.
22 USC 2515. Repealed. Pub. L. 89-572, 5(a), Sept. 13, 1966, 80 Stat.
765
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 87-293, title I, 16, Sept. 22, 1961, 75 Stat.
622, related to appointment of persons serving under prior law.
Unaffected; Continuation of Determinations,
Authorization, Regulations, Orders, Contracts,
Agreements, and Other Actions
Section 5 of Pub. L. 89-572, Sept. 13, 1966, 80 Stat. 765,
provided that:
''(a) Section 16 of the Peace Corps Act, as amended (this section),
which relates to appointment of persons serving under prior law, section
20 of the Peace Corps Act, as amended, which relates to moratorium on
student loans (amending section 425 of Title 20, Education), section 21
of the Peace Corps Act, as amended, which amends the Civil Service
Retirement Act (section 8301 et seq. of Title 5, Government Organization
and Employees), and title II of the Act, which relates to Internal
Revenue Code and Social Security Act amendments (amending sections 912,
1303, 3121, 3122, 3401 and 6051 of Title 26, Internal Revenue Code, and
sections 405, 409 and 410 of Title 42, The Public Health and Welfare,
and notes under sections 912 and 3121 of Title 26) are hereby repealed.
''(b) Such repeal shall not be deemed to affect amendments contained
in such provisions and the application of the amendments contained in
the title. All determinations, authorizations, regulations, orders,
contracts, agreements, and other actions issued, undertaken, or entered
into under authority of the provisions of law repealed by subsection (a)
shall continue in full force and effect until modified by appropriate
authority.''
22 USC 2516. Use of foreign currencies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Whenever possible, expenditures incurred in carrying out functions
under this chapter shall be paid for in such currency of the country or
area where the expense is incurred as may be available to the United
States.
(Pub. L. 87-293, title I, 17, Sept. 22, 1961, 75 Stat. 623.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
22 USC 2517. Activities promoting Americans' understanding of other
peoples
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In order to further the goal of the Peace Corps, as set forth in
section 2501 of this title, relating to the promotion of a better
understanding of other peoples on the part of the American people, the
Director, utilizing the authorities under section 2509(a)(1) of this
title and other provisions of law, shall, as appropriate, encourage,
facilitate, and assist activities carried out by former volunteers in
furtherance of such goal and the efforts of agencies, organizations, and
other individuals to support or assist in former volunteers' carrying
out such activities.
(Pub. L. 87-293, title I, 18, as added Pub. L. 100-202, 101(e) (title
II, 201), Dec. 22, 1987, 101 Stat. 1329-131, 1329-145.)
A prior section 2517, Pub. L. 87-293, title I, 18, Sept. 22, 1961,
75 Stat. 623, which provided that the Mutual Defense Assistance Control
Act of 1951 (22 U.S.C. 1611 et seq.) applied, subject to an exception,
to functions carried out under this chapter, was repealed by Pub. L.
97-113, title VI, 605(b), Dec. 29, 1981, 95 Stat. 1543. The 1951 Act
was superseded by the Export Administration Act of 1979 (50 U. S.C.
App. 2401 et seq.).
22 USC 2518. Seal and name
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Judicial notice
The President may adopt, alter, and use an official seal or emblem of
the Peace Corps of such design as he shall determine, which shall be
judicially noticed.
(b) Exclusiveness of use; penalties for violations; injunctions
(1) The use of the official seal or emblem and the use of the name
''Peace Corps'' shall be restricted exclusively to designate programs
authorized under this chapter.
(2) Whoever, whether an individual, partnership, corporation, or
association, uses the seal for which provision is made in this section,
or any sign, insignia, or symbol in colorable imitation thereof, or the
words ''Peace Corps'' or any combination of these or other words or
characters in colorable imitation thereof, other than to designate
programs authorized under this chapter, shall be fined not more than
$500 or imprisoned not more than six months, or both. A violation of
this subsection may be enjoined at the suit of the Attorney General,
United States attorneys, or other persons duly authorized to represent
the United States.
(Pub. L. 87-293, title I, 19, Sept. 22, 1961, 75 Stat. 623; Pub. L.
88-200, 7, Dec. 13, 1963, 77 Stat. 360.)
This chapter, referred to in subsec. (b), was in the original ''this
Act'', meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as
amended, known as the Peace Corps Act. For complete classification of
this Act to the Code, see Short Title note set out under section 2501 of
this title and Tables.
1963 -- Pub. L. 88-200 designated existing provisions as subsec.
(a) and added subsec. (b).
Functions of President under this section, except authority to adopt
and alter an official seal or emblem, delegated to Director of Peace
Corps by section 1-103 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R.
29023, eff. May 16, 1979, set out as a note under section 2501 of this
title.
Emblems, insignia and names, unauthorized use, see section 701 of
Title 18, Crimes and Criminal Procedure.
22 USC 2519. Security investigations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
All persons employed or assigned to duties under this chapter shall
be investigated to insure that the employment or assignment is
consistent with the national interest in accordance with standards and
procedures established by the President. If an investigation made
pursuant to this section develops any data reflecting that the person
who is the subject of the investigation is of questionable loyalty or is
a questionable security risk, the investigating agency shall refer the
matter to the Federal Bureau of Investigation for the conduct of a full
field investigation. The results of that full field investigation shall
be furnished to the initial investigating agency, and to the agency by
which the subject person is employed, for information and appropriate
action. Volunteers shall be deemed employees of the United States
Government for the purpose of this section.
(Pub. L. 87-293, title I, 22, Sept. 22, 1961, 75 Stat. 624.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
Functions of President under this section delegated to Director of
Peace Corps by section 1-103 of Ex. Ord. No. 12137, May 16, 1979, 44
F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of
this title.
22 USC 2520. Military training and service exemption
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Notwithstanding the provisions of any other law or regulation,
service in the Peace Corps as a volunteer shall not in any way exempt
such volunteer from the performance of any obligations or duties under
the provisions of the Universal Military Training and Service Act (50
App. U.S.C. 451 et seq.).
(Pub. L. 87-293, title I, 23, Sept. 22, 1961, 75 Stat. 624.)
The Universal Military Training and Service Act, referred to in text,
subsequently renamed the Military Selective Service Act, is act June 24,
1948, ch. 625, 62 Stat. 604, as amended, which is classified
principally to section 451 et seq. of Title 50, Appendix, War and
National Defense. For complete classification of this Act to the Code,
see References in Text note set out under section 451 of Title 50,
Appendix, and Tables.
22 USC 2521. Foreign language proficiency
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
No person shall be assigned to duty as a volunteer under this chapter
in any foreign country or area unless at the time of such assignment he
possesses such reasonable proficiency as his assignment requires in
speaking the language of the country or area to which he is assigned.
(Pub. L. 87-293, title I, 24, Sept. 22, 1961, 75 Stat. 624.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
22 USC 2521a. Nonpartisan appointments
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In carrying out this chapter, no political test or political
qualification may be used in --
(1) selecting any person for enrollment as a volunteer or for
appointment to a position at, or for assignment to (or for employment
for assignment to), a duty station located abroad, or
(2) promoting or taking any other action with respect to any
volunteer or any person assigned to such a duty station.
(Pub. L. 87-293, title I, 25, as added Pub. L. 99-83, title XI,
1105(a)(2), Aug. 8, 1985, 99 Stat. 276.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
A prior section 25 of Pub. L. 87-293 was renumbered section 26 and
is classified to section 2522 of this title.
Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-83,
set out as an Effective Date of 1985 Amendment note under section 2151-1
of this title.
22 USC 2522. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The term ''abroad'' means any area outside the United States.
(b) The term ''United States'' means the several States and the
District of Columbia.
(c) The term ''function'' includes any duty, obligation, right,
power, authority, responsibility, privilege, discretion, activity, and
program.
(d) The term ''health care'' includes all appropriate examinations,
preventive, curative and restorative health and medical care, and
supplementary services when necessary.
(e) For the purposes of this chapter or any other Act, the period of
any individual's service as a volunteer under this chapter shall include
--
(i) except for the purposes of section 2504(f) of this title, any
period of training under section 2507(a) of this title prior to
enrollment as a volunteer under this chapter; and
(ii) the period between enrollment as a volunteer and the termination
of service as such volunteer by the President or by death or
resignation.
(f) The term ''United States Government agency'' includes any
department, board, wholly or partly owned corporation, or
instrumentality, commission, or establishment of the United States
Government.
(g) The word ''transportation'' in sections 2504(b), 2504(m), and
2505(2) of this title includes transportation of not to exceed three
hundred pounds per person of unaccompanied necessary personal and
household effects.
(Pub. L. 87-293, title I, 26, formerly 25, Sept. 22, 1961, 75 Stat.
624; Pub. L. 89-572, 4, Sept. 13, 1966, 80 Stat. 765; Pub. L. 91-352,
8, July 24, 1970, 84 Stat. 465; renumbered 26, Pub. L. 99-83, title XI,
1105(a)(1), Aug. 8, 1985, 99 Stat. 276.)
This chapter, referred to in subsec. (e), was in the original ''this
Act'', meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as
amended, known as the Peace Corps Act. For complete classification of
this Act to the Code, see Short Title note set out under section 2501 of
this title and Tables.
A prior section 26 of Pub. L. 87-293 was renumbered section 27 and
is classified to section 2523 of this title.
1970 -- Subsec. (g). Pub. L. 91-352 inserted reference to section
2504(m) of this title.
1966 -- Subsec. (b). Pub. L. 89-572 struck out territories from
definition of ''United States''.
Volunteers, see section 2505 of this title.
22 USC 2523. Separability
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
If any provision of this chapter or the application of any provision
to any circumstances or persons shall be held invalid, the validity of
the remainder of this chapter and the applicability of such provision to
other circumstances or persons shall not be affected thereby.
(Pub. L. 87-293, title I, 27, formerly 26, Sept. 22, 1961, 75 Stat.
625; renumbered 27, Pub. L. 99-83, title XI, 1105(a)(1), Aug. 8, 1985,
99 Stat. 276.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
known as the Peace Corps Act. For complete classification of this Act
to the Code, see Short Title note set out under section 2501 of this
title and Tables.
A prior section 27 of Pub. L. 87-293 was renumbered section 28 and
is set out as an Effective Date note under section 2501 of this title.
22 USC CHAPTER 35 -- ARMS CONTROL AND DISARMAMENT
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
2551. Congressional statement of purpose.
2552. Definitions.
2561. United States Arms Control and Disarmament Agency.
2562. Director of Agency; appointment; powers and duties.
2563. Deputy Director of Agency; appointment; powers and duties.
2564. Assistant Directors of Agency; number; appointment; powers
and duties.
2565. Bureaus, offices and divisions of Agency.
2566. General Advisory Committee; number; appointment;
compensation and expenses; powers and duties; Chairman; meetings.
2567. Special Representatives for Arms Control and Disarmament
Negotiations; appointment; powers and duties.
2568. Program for visiting scholars.
2571. Research, development and other studies.
(a) Control, reduction and elimination of armed forces and armaments.
(b) Weapon detection and identification tests.
(c) Analysis of national budgets and economic indicators.
(d) Space, earth's surface and underwater regions.
(e) Structure and operation of international control.
(f) Training of control system personnel.
(g) Danger of war from accident, miscalculation, or surprise attack.
(h) Economic and political consequences of disarmament.
(i) Disarmament implications of foreign and national security
policies of United States.
(j) National security and foreign policy implications of disarmament.
(k) Methods for maintenance of peace and security during stages of
disarmament.
(l) War prevention factors.
(m) Other related problems.
2572. Patents; availability to general public; protection of
background rights.
2573. Policy formulation.
2574. Negotiations and related functions.
(a) Consultation with the representatives of the United States and
other nations.
(b) Official policy on arms control to United States Information
Agency for dissemination.
(c) Plans for inspection and control system.
2575. Coordination of Government agencies and resolution of policy
differences.
2576. Arms control impact information and analysis.
(a) Access by Director to detailed information of Government agencies
preparing legislative or budgetary proposals; nature of proposals;
applicable procedures.
(b) Program assessment, analysis and recommendations by Director to
National Security Council, Office of Management and Budget, and
proposing agency; requests for authorization or appropriation;
contents; information requested by select Congressional committees.
(c) Prohibition of courts to compel statutory performance or review
adequacy of statutory performance of Government agencies or Director.
2577. Verification of Arms Control Agreements.
(a) Report to Congress.
(b) Assumptions as to impeding of verification.
(c) Disclosure of sensitive information.
2577a. Arms control verification.
(a) Establishment of working group.
(b) Information and data base.
2578. Reports on Standing Consultative Commission activities.
2579. Comprehensive compilation of arms control and disarmament
studies.
2581. General authority of Director.
(a) Utilization of other Federal agencies; general administrative
services; transfers of supplies, equipment and surplus property.
(b) Employment of personnel.
(c) Detail of other agency personnel without prejudice to status or
advancement.
(d) Experts and consultants; stenographic reporting services;
compensation and travel expenses; limitation on period of employment;
renewal of employment contracts.
(e) Employment of outstanding personnel.
(f) Establishment of advisory boards; compensation and expenses.
(g) Travel and subsistence expenses from private sources;
reimbursement.
(h) Oaths and sworn statements.
(i) Delegation of functions.
(j) Rules and regulations.
2582. Foreign Service personnel.
(a) Delegation of authority by Secretary of State to Director.
(b) Extension or renewal of limited appointments of Foreign Service
members.
2583. Contracts or expenditures.
2584. Conflict of interest and dual compensation exemption.
2585. Security requirements.
(a) Establishment of security and loyalty requirements, restrictions,
and safeguards; investigation of personnel; standards of clearance.
(b) Acceptance of investigation and clearance granted by other
Government agencies to contractor personnel; access to confidential
information.
(c) Atomic Energy Commission Restricted Data; access; personnel
security procedures and standards of Commission and Agency; interim
clearance; exchanges.
(d) Waiver of required investigation and determination with respect
to consultants; procedure.
2586. Comptroller General audit.
2587. Transfer of activities and facilities to Agency.
(a) Transfer of United States Disarmament Administration.
(b) Transfer of activities, facilities, etc., to Director; report to
Congress; approval.
2588. Use of funds.
2589. Appropriations.
(a) Amount.
(b) Allocation or transfer and authority for obligation and
expenditure of funds.
(c) Limitation on obligation of funds during final month of fiscal
year.
(d) Requests for authorization of appropriations to be accompanied by
detailed budget for bureaus; required contents of budget.
2590. Reports to Congress; contents.
2591. Specialists fluent in Russian language.
2592. Reports on adherence to and compliance with agreements.
2592a. Annual report on Soviet compliance with arms control
commitments.
(a) Annual report.
(b) Matters to be included.
(c) Contingent additional information.
(d) Classification of reports.
2592b. Annual report on arms control strategy.
(a) In general.
(b) Explanation of methodology.
(c) Form of report.
2593. ACDA Inspector General.
(a) Establishment and duties.
(b) Duality of appointment.
(c) Utilization of staff.
(d) References.
2595. Findings.
2595a. Policy coordination concerning implementation of on-site
inspection provisions.
(a) Interagency coordination.
(b) Role of Secretary of Defense.
(c) Role of Director.
2595b. Authorizations of appropriations for On-Site Inspection
Agency.
2595b-1. Improving congressional oversight of on-site inspection
activities.
(a) Report from President.
(b) Review of certain reprogramming notifications.
2595c. Definitions.
22 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2551. Congressional statement of purpose
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
An ultimate goal of the United States is a world which is free from
the scourge of war and the dangers and burdens of armaments; in which
the use of force has been subordinated to the rule of law; and in which
international adjustments to a changing world are achieved peacefully.
It is the purpose of this chapter to provide impetus toward this goal by
creating a new agency of peace to deal with the problem of reduction and
control of armaments looking toward ultimate world disarmament.
Arms control and disarmament policy, being an important aspect of
foreign policy, must be consistent with national security policy as a
whole. The formulation and implementation of United States arms control
and disarmament policy in a manner which will promote the national
security can best be insured by a central organization charged by
statute with primary responsibility for this field. This organization
must have such a position within the Government that it can provide the
President, the Secretary of State, other officials of the executive
branch, and the Congress with recommendations concerning United States
arms control and disarmament policy, and can assess the effect of these
recommendations upon our foreign policies, our national security
policies, and our economy.
This organization must have the capacity to provide the essential
scientific, economic, political, military, psychological, and
technological information upon which realistic arms control and
disarmament policy must be based. It shall have the authority, under
the direction of the President and the Secretary of State, to carry out
the following primary functions:
(a) The conduct, support, and coordination of research for arms
control and disarmament policy formulation;
(b) The preparation for and management of United States participation
in international negotiations in the arms control and disarmament field;
(c) The dissemination and coordination of public information
concerning arms control and disarmament; and
(d) The preparation for, operation of, or as appropriate, direction
of United States participation in such control systems as may become
part of United States arms control and disarmament activities.
(Pub. L. 87-297, title I, 2, Sept. 26, 1961, 75 Stat. 631; Pub. L.
94-141, title I, 144, Nov. 29, 1975, 89 Stat. 758.)
1975 -- Pub. L. 94-141 substituted ''It shall have the authority,
under the direction of the President and the Secretary of State,'' for
''It must be able''.
Pub. L. 101-216, 1, Dec. 11, 1989, 103 Stat. 1853, provided that:
''This Act (enacting sections 2577a and 2595 to 2595c of this title,
amending sections 2563, 2567, 2588, and 2589 of this title, and enacting
provisions set out as notes under sections 2565 and 2567 of this title)
may be cited as the 'Arms Control and Disarmament Amendments Act of
1989'.''
Pub. L. 100-213, 1, Dec. 24, 1987, 101 Stat. 1444, provided that:
''This Act (enacting sections 2578, 2579, and 2593 of this title,
amending sections 2589 and 2592 of this title, and enacting provisions
set out as a note under section 2578 of this title) may be cited as the
'Arms Control and Disarmament Amendments Act of 1987'.''
Pub. L. 97-339, 1, Oct. 15, 1982, 96 Stat. 1635, provided: ''That
this Act (amending sections 2571, 2585, and 2589 of this title) may be
cited as the 'Arms Control and Disarmament Amendments Act of 1982'.''
Pub. L. 95-108, 1, Aug. 17, 1977, 91 Stat. 871, provided that:
''This Act (enacting sections 2567 and 2577 of this title and amending
sections 2571, 2581, and 2589 of this title and section 5315 of Title 5,
Government Organization and Employees) may be cited as the 'Arms Control
and Disarmament Act Amendments of 1977'.''
Section 1 of Pub. L. 87-297 provided that: ''This Act (enacting
this chapter) may be cited as the 'Arms Control and Disarmament Act'.''
Pub. L. 102-228, title II, Dec. 12, 1991, 105 Stat. 1693, provided
that:
''SEC. 201. SHORT TITLE.
''This title may be cited as the 'Soviet Nuclear Threat Reduction Act
of 1991'.''
''SEC. 211. NATIONAL DEFENSE AND SOVIET WEAPONS DESTRUCTION.
''(a) Findings. -- The Congress finds --
''(1) that Soviet President Gorbachev has requested Western help in
dismantling nuclear weapons, and President Bush has proposed United
States cooperation on the storage, transportation, dismantling, and
destruction of Soviet nuclear weapons;
''(2) that the profound changes underway in the Soviet Union pose
three types of danger to nuclear safety and stability, as follows: (A)
ultimate disposition of nuclear weapons among the Soviet Union, its
republics, and any successor entities that is not conducive to weapons
safety or to international stability; (B) seizure, theft, sale, or use
of nuclear weapons or components; and (C) transfers of weapons, weapons
components, or weapons know-how outside of the territory of the Soviet
Union, its republics, and any successor entities, that contribute to
worldwide proliferation; and
''(3) that it is in the national security interests of the United
States (A) to facilitate on a priority basis the transportation,
storage, safeguarding, and destruction of nuclear and other weapons in
the Soviet Union, its republics, and any successor entities, and (B) to
assist in the prevention of weapons proliferation.
''(b) Exclusions. -- United States assistance in destroying nuclear
and other weapons under this title may not be provided to the Soviet
Union, any of its republics, or any successor entity unless the
President certifies to the Congress that the proposed recipient is
committed to --
''(1) making a substantial investment of its resources for
dismantling or destroying such weapons;
''(2) forgoing any military modernization program that exceeds
legitimate defense requirements and forgoing the replacement of
destroyed weapons of mass destruction;
''(3) forgoing any use of fissionable and other components of
destroyed nuclear weapons in new nuclear weapons;
''(4) facilitating United States verification of weapons destruction
carried out under section 212;
''(5) complying with all relevant arms control agreements; and
''(6) observing internationally recognized human rights, including
the protection of minorities.
''SEC. 212. AUTHORITY FOR PROGRAM TO FACILITATE SOVIET WEAPONS
DESTRUCTION.
''(a) In General. -- Notwithstanding any other provision of law, the
President, consistent with the findings stated in section 211, may
establish a program as authorized in subsection (b) to assist Soviet
weapons destruction. Funds for carrying out this program shall be
provided as specified in part C.
''(b) Type of Program. -- The program under this section shall be
limited to cooperation among the United States, the Soviet Union, its
republics, and any successor entities to (1) destroy nuclear weapons,
chemical weapons, and other weapons, (2) transport, store, disable, and
safeguard weapons in connection with their destruction, and (3)
establish verifiable safeguards against the proliferation of such
weapons. Such cooperation may involve assistance in planning and in
resolving technical problems associated with weapons destruction and
proliferation. Such cooperation may also involve the funding of
critical short-term requirements related to weapons destruction and
should, to the extent feasible, draw upon United States technology and
United States technicians.
''SEC. 221. ADMINISTRATION OF NUCLEAR THREAT REDUCTION PROGRAMS.
''(a) Funding. --
''(1) Transfer authority. -- The President may, to the extent
provided in an appropriations Act or joint resolution, transfer to the
appropriate defense accounts from amounts appropriated to the Department
of Defense for fiscal year 1992 for operation and maintenance or from
balances in working capital accounts established under section 2208 of
title 10, United States Code, not to exceed $400,000,000 for use in
reducing the Soviet military threat under part B.
''(2) Limitation. -- Amounts for transfers under paragraph (1) may
not be derived from amounts appropriated for any activity of the
Department of Defense that the Secretary of Defense determines essential
for the readiness of the Armed Forces, including amounts for --
''(A) training activities; and
''(B) depot maintenance activities.
''(b) Department of Defense. -- The Department of Defense shall serve
as the executive agent for any program established under part B.
''(c) Reimbursement of Other Agencies. -- The Secretary of Defense
may reimburse other United States Government departments and agencies
under this section for costs of participation, as directed by the
President, only in a program established under part B.
''(d) Charges Against Funds. -- The value of any material from
existing stocks and inventories of the Department of Defense, or any
other United States Government department or agency, that is used in
providing assistance under part B to reduce the Soviet military threat
may not be charged against funds available pursuant to subsection (a) to
the extent that the material contributed is directed by the President to
be contributed without subsequent replacement.
''(e) Determination by Director of OMB. -- No amount may be obligated
for the program under part B unless expenditures for that program have
been determined by the Director of the Office of Management and Budget
to be counted against the defense category of the discretionary spending
limits for fiscal year 1992 (as defined in section 601(a)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 665(a)(2))) for purposes of
part C of the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 900 et seq.).
''SEC. 222. REPAYMENT ARRANGEMENTS.
''(a) Reimbursement Arrangements. -- Assistance provided under part B
to the Soviet Union, any of its republics, or any successor entity shall
be conditioned, to the extent that the President determines to be
appropriate after consultation with the recipient government, upon the
agreement of the recipient government to reimburse the United States
Government for the cost of such assistance from natural resources or
other materials available to the recipient government.
''(b) Natural Resources, Etc. -- The President shall encourage the
satisfaction of such reimbursement arrangements through the provision of
natural resources, such as oil and petroleum products and critical and
strategic materials, and industrial goods. Materials received by the
United States Government pursuant to this section that are suitable for
inclusion in the Strategic Petroleum Reserve or the National Defense
Stockpile may be deposited in the reserve or stockpile without
reimbursement. Other material and services received may be sold or
traded on the domestic or international market with the proceeds to be
deposited in the General Fund of the Treasury.
''SEC. 223. DIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS.
''It is the sense of the Senate that the committee of conference on
House Joint Resolution 157 (enacted into law as Pub. L. 102-229) should
consider providing the necessary authority in the conference agreement
for the President to transfer funds pursuant to this title.
''SEC. 231. PRIOR NOTICE OF OBLIGATIONS TO CONGRESS.
''Not less than 15 days before obligating any funds for a program
under part B, the President shall transmit to the Congress a report on
the proposed obligation. Each such report shall specify --
''(1) the account, budget activity, and particular program or
programs from which the funds proposed to be obligated are to be derived
and the amount of the proposed obligation; and
''(2) the activities and forms of assistance under part B for which
the President plans to obligate such funds.
''SEC. 232. QUARTERLY REPORTS ON PROGRAM.
''Not later than 30 days after the end of each quarter of fiscal
years 1992 and 1993, the President shall transmit to the Congress a
report on the activities to reduce the Soviet military threat carried
out under part B. Each such report shall set forth, for the preceding
quarter and cumulatively, the following:
''(1) Amounts spent for such activities and the purposes for which
they were spent.
''(2) The source of the funds obligated for such activities, stated
specifically by program.
''(3) A description of the participation of the Department of
Defense, and the participation of any other United States Government
department or agency, in such activities.
''(4) A description of the activities carried out under part B and
the forms of assistance provided under part B.
''(5) Such other information as the President considers appropriate
to fully inform the Congress concerning the operation of the program
under part B.''
Pub. L. 102-228, title IV, 401(c), Dec. 12, 1991, 105 Stat. 1699,
provided that: ''Not later than December 15, 1992, the Inspector
General of the Arms Control and Disarmament Agency (who serves also as
the Inspector General of the Department of State) shall submit to the
President, the Speaker of the House of Representatives, and the chairman
of the Committee on Foreign Relations of the Senate a report with regard
to the Agency's fulfillment of the primary functions described in
section 2 of the Arms Control and Disarmament Act (22 U.S. C. 2551).
Such report shall address the current ability and performance of the
Agency in carrying out these functions and shall provide detailed
recommendations for any changes in executive branch organization and
direction needed to fulfill these primary functions. Within 60 days
after submission of this report, the President shall submit to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate comments on any
recommendations contained in the report dealing with executive branch
organization and direction.''
Pub. L. 93-559, 51, Dec. 30, 1974, 88 Stat. 1817, as amended by
Pub. L. 97-113, title VII, 734(a)(8), Dec. 29, 1981, 95 Stat. 1560,
provided that:
''(a) It is the sense of the Congress that the recent growth in
international transfers of conventional arms to developing nations --
''(1) is a cause for grave concern for the United States and other
nations in that in particular areas of the world it increases the danger
of potential violence among nations, and diverts scarce world resources
from more peaceful uses; and
''(2) could be controlled progressively through negotiations and
agreements among supplier and recipient nations.
''(b) Therefore, the President is urged to propose to the Geneva
Conference of the Committee on Disarmament that it consider as a high
priority agenda item discussions among participating nations of that
Conference for the purposes of --
''(1) agreeing to workable limitations on conventional arms
transfers; and
''(2) establishing a mechanism through which such limitations could
be effectively monitored.
''(c) (Repealed. Pub. L. 97-113, title VII, 734(a)(8), Dec. 29, 1981,
95 Stat. 1560.)''
22 USC 2552. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
As used in this chapter --
(a) The terms ''arms control'' and ''disarmament'' mean the
identification, verification, inspection, limitation, control,
reduction, or elimination, of armed forces and armaments of all kinds
under international agreement including the necessary steps taken under
such an agreement to establish an effective system of international
control, or to create and strengthen international organizations for the
maintenance of peace.
(b) The term ''Government agency'' means any executive department,
commission, agency, independent establishment, corporation wholly or
partly owned by the United States which is an instrumentality of the
United States, or any board, bureau, division, service, office, officer,
authority, administration, or other establishment in the executive
branch of Government.
(c) The term ''Agency'' means the United States Arms Control and
Disarmament Agency.
(Pub. L. 87-297, title I, 3, Sept. 26, 1961, 75 Stat. 631.)
22 USC SUBCHAPTER II -- ORGANIZATION
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2561. United States Arms Control and Disarmament Agency
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There is established an agency to be known as the ''United States
Arms Control and Disarmament Agency''.
(Pub. L. 87-297, title II, 21, Sept. 26, 1961, 75 Stat. 632.)
22 USC 2562. Director of Agency; appointment; powers and duties
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Agency shall be headed by a Director, who shall serve as the
principal adviser to the Secretary of State, the National Security
Council, and the President on arms control and disarmament matters. In
carrying out his duties under this chapter the Director shall, under the
direction of the Secretary of State, have primary responsibility within
the Government for arms control and disarmament matters, as defined in
this chapter. The Director shall attend all meetings of the National
Security Council involving weapons procurement, arms sales,
consideration of the defense budget, and all arms control and
disarmament matters. The Director shall be appointed by the President,
by and with the advice and consent of the Senate. No person serving on
active duty as a commissioned officer of the Armed Forces of the United
States may be appointed Director.
(Pub. L. 87-297, title II, 22, Sept. 26, 1961, 75 Stat. 632; Pub.
L. 88-426, title III, 305(17)(A), Aug. 14, 1964, 78 Stat. 424; Pub. L.
94-141, title I, 145, Nov. 29, 1975, 89 Stat. 758; Pub. L. 96-66, 1(
a), Sept. 21, 1979, 93 Stat. 414; Pub. L. 98-202, 2, Dec. 2, 1983, 97
Stat. 1381.)
1983 -- Pub. L. 98-202 required attendance of Director at prescribed
National Security Council meetings and substituted ''The Director'' for
''He'' before ''shall be appointed''.
1979 -- Pub. L. 96-66 barred appointment of an active duty
commissioned officer of the Armed Forces as the Director.
1975 -- Pub. L. 94-141 inserted ''the National Security Council,''
after ''Secretary of State'' in first sentence.
1964 -- Pub. L. 88-426 repealed provisions which prescribed
compensation of Director.
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to extent provided
in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L.
88-416.
Compensation of Director, see section 5313 of Title 5, Government
Organization and Employees.
22 USC 2563. Deputy Director of Agency; appointment; powers and
duties
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
A Deputy Director of the Agency shall be appointed by the President,
by and with the advice and consent of the Senate. The Deputy Director
shall have direct responsibility, under the supervision of the Director,
for the administrative management of the Agency, intelligence-related
activities, security, and the Special Compartmental Intelligence
Facility, and shall perform such other duties and exercise such other
powers as the Director may prescribe. He shall act for, and exercise the
powers of, the Director during his absence or disability or during a
vacancy in said office. No person serving on active duty as a
commissioned officer of the Armed Forces of the United States may be
appointed Deputy Director.
(Pub. L. 87-297, title II, 23, Sept. 26, 1961, 75 Stat. 632; Pub.
L. 88-426, title III, 305(17)(B), Aug. 14, 1964, 78 Stat. 424; Pub. L.
96-66, 1(b), Sept. 21, 1979, 93 Stat. 414; Pub. L. 101-216, title I,
102, Dec. 11, 1989, 103 Stat. 1853.)
1989 -- Pub. L. 101-216 amended second sentence generally. Prior to
amendment, second sentence read as follows: ''The Deputy Director shall
perform such duties and exercise such powers as the Director may
prescribe.''
1979 -- Pub. L. 96-66 barred appointment of an active duty
commissioned officer of Armed Forces as Deputy Director.
1964 -- Pub. L. 88-426 repealed provisions which prescribed
compensation of Deputy Director.
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to extent provided
in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L.
88-426.
Compensation of Deputy Director, see section 5315 of Title 5,
Government Organization and Employees.
22 USC 2564. Assistant Directors of Agency; number; appointment;
powers and duties
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Not to exceed four Assistant Directors may be appointed by the
President, by and with the advice and consent of the Senate. They shall
perform such duties and exercise such powers as the Director may
prescribe.
(Pub. L. 87-297, title II, 24, Sept. 26, 1961, 75 Stat. 632; Pub.
L. 88-426, title III, 305(17)(C), Aug. 14, 1964, 78 Stat. 424.)
1964 -- Pub. L. 88-426 repealed provisions which prescribed
compensation of Assistant Directors.
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to extent provided
in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L.
88-426.
Compensation of Assistant Directors, see section 5316 of Title 5,
Government Organization and Employees.
22 USC 2565. Bureaus, offices and divisions of Agency
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Director, under the direction of the Secretary of State, may
establish within the Agency such bureaus, offices, and divisions as he
may determine to be necessary to discharge his responsibilities under
this chapter, including, but not limited to, an Office of the General
Counsel.
(Pub. L. 87-297, title II, 25, Sept. 26, 1961, 75 Stat. 632.)
Pub. L. 101-216, title I, 104, Dec. 11, 1989, 103 Stat. 1854,
provided that: ''The Director of the United States Arms Control and
Disarmament Agency should study, and report to the Congress on, the
advisability of establishing in the Agency an arms control
implementation and compliance resolution bureau, or other organizational
unit, that would be responsible for --
''(1) managing the implementation of existing and future arms control
agreements;
''(2) coordinating the activities of the Special Verification
Commission and the Standing Consultative Commission; and
''(3) preparing comprehensive analyses and policy positions regarding
the effective resolution of arms control compliance questions.''
Compensation of General Counsel, see section 5316 of Title 5,
Government Organization and Employees.
22 USC 2566. General Advisory Committee; number; appointment;
compensation and expenses; powers and duties; Chairman; meetings
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President, by and with the advice and consent of the Senate, may
appoint a General Advisory Committee of not to exceed fifteen members to
advise the Director on arms control and disarmament policy and
activities. The President shall designate one of the members as
Chairman. The members of the committee may receive the compensation and
reimbursement for expenses specified for consultants by section 2581(d)
of this title. The Committee shall meet at least twice each year. It
shall from time to time advise the President, the Secretary of State,
and the Disarmament Director respecting matters affecting arms control,
disarmament, and world peace.
(Pub. L. 87-297, title II, 26, Sept. 26, 1961, 75 Stat. 632.)
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
22 USC 2567. Special Representatives for Arms Control and Disarmament
Negotiations; appointment; powers and duties
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President may appoint, by and with the advice and consent of the
Senate, two Special Representatives for Arms Control and Disarmament
Negotiations, one of whom should serve as special representative for
conventional arms control negotiations, and the other should serve as
special representative and chief science advisor to the Director. The
two Special Representatives shall perform their duties and exercise
their powers under the direction of the President and the Secretary of
State, acting through the Director.
(Pub. L. 87-297, title II, 27, as added Pub. L. 95-108, 2(a), Aug.
17, 1977, 91 Stat. 871, and amended Pub. L. 98-202, 6(a), Dec. 2, 1983,
97 Stat. 1382; Pub. L. 101-216, title I, 103(a), Dec. 11, 1989, 103
Stat. 1853.)
1989 -- Pub. L. 101-216 substituted '', one of whom should serve as
special representative for conventional arms control negotiations, and
the other should serve as special representative and chief science
advisor to the Director. The two Special Representatives shall perform
their duties and exercise their powers under the direction of the
President and the Secretary of State, acting through the Director'' for
''who shall perform such duties and exercise such powers (under the
direction of the President and the Secretary of State, acting through
the Director) as the Director may prescribe with respect to
international arms control and disarmament negotiations and matters
relating thereto''.
1983 -- Pub. L. 98-202 substituted ''two Special Representatives''
for ''a Special Representative''.
Section 103(b) of Pub. L. 101-216 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to individuals who are appointed as Special Representatives on or after
the date of enactment of this Act (Dec. 11, 1989).''
22 USC 2568. Program for visiting scholars
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
A program for visiting scholars in the field of arms control and
disarmament shall be established by the Director in order to obtain the
services of scholars from the faculties of recognized institutions of
higher learning. The purpose of the program will be to give specialists
in the physical sciences and other disciplines relevant to the Agency's
activities an opportunity for active participation in the arms control
and disarmament activities of the Agency and to gain for the Agency the
perspective and expertise such persons can offer. Each fellow in the
program shall be appointed for a term of one year, except that such term
may be extended for a 1-year period. Fellows shall be chosen by a board
consisting of the Director, who shall be the chairperson, and all former
Directors of the Agency.
(Pub. L. 87-297, title II, 28, as added Pub. L. 98-202, 3, Dec. 2,
1983, 97 Stat. 1381.)
22 USC SUBCHAPTER III -- FUNCTIONS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2571. Research, development and other studies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Director is authorized and directed to exercise his powers in
such manner as to insure the acquisition of a fund of theoretical and
practical knowledge concerning disarmament. To this end, the Director
is authorized and directed, under the direction of the President, (1) to
insure the conduct of research, development, and other studies in the
field of arms control and disarmament; (2) to make arrangements
(including contracts, agreements, and grants) for the conduct of
research, development, and other studies in the field of arms control
and disarmament by private or public institutions or persons; and (3)
to coordinate the research, development, and other studies conducted in
the field of arms control and disarmament by or for other Government
agencies in accordance with procedures established under section 2575 of
this title. In carrying out his responsibilities under this chapter,
the Director shall, to the maximum extent feasible, make full use of
available facilities, Government and private. The authority of the
Director with respect to research, development, and other studies shall
be limited to participation in the following insofar as they relate to
arms control and disarmament:
(a) Control, reduction and elimination of armed forces and armaments
the detection, identification, inspection, monitoring, limitation,
reduction, control, and elimination of armed forces and armaments,
including thermonuclear, nuclear, missile, conventional,
bacteriological, chemical, and radiological weapons:
(b) Weapon detection and identification tests
the techniques and systems of detecting, identifying, inspecting, and
monitoring of tests of nuclear, thermonuclear, and other weapons;
(c) Analysis of national budgets and economic indicators
the analysis of national budgets, levels of industrial production,
and economic indicators to determine the amounts spent by various
countries for armaments /1/ and of all aspects of anti-satellite
activities;
(d) Space, earth's surface and underwater regions
the control, reduction, and elimination of armed forces and armaments
in space, in areas on and beneath the earth's surface, and in underwater
regions;
(e) Structure and operation of international control
the structure and operation of international control and other
organizations useful for arms control and disarmament;
(f) Training of control system personnel
the training of scientists, technicians, and other personnel for
manning the control systems which may be created by international arms
control and disarmament agreements;
(g) Danger of war from accident, miscalculation, or surprise attack
the reduction and elimination of the danger of war resulting from
accident, miscalculation, or possible surprise attack, including (but
not limited to) improvements in the methods of communications between
nations;
(h) Economic and political consequences of disarmament
the economic and political consequences of arms control and
disarmament, including the problems of readjustment arising in industry
and the reallocation of national resources;
(i) Disarmament implications of foreign and national security
policies of United States
the arms control and disarmament implications of foreign and national
security policies of the United States with a view to a better
understanding of the significance of such policies for the achievement
of arms control and disarmament;
(j) National security and foreign policy implications of disarmament
the national security and foreign policy implications of arms control
and disarmament proposals with a view to a better understanding of the
effect of such proposals upon national security and foreign policy;
(k) Methods for maintenance of peace and security during stages of
disarmament
methods for the maintenance of peace and security during different
stages of arms control and disarmament;
(l) War prevention factors
the scientific, economic, political, legal, social, psychological,
military, and technological factors related to the prevention of war
with a view to a better understanding of how the basic structure of a
lasting peace may be established;
(m) Other related problems
such related problems as the Director may determine to be in need of
research, development, or study in order to carry out the provisions of
this chapter.
(Pub. L. 87-297, title III, 31, Sept. 26, 1961, 75 Stat. 633; Pub.
L. 88-186, 5, Nov. 26, 1963, 77 Stat. 342; Pub. L. 95-108, 3, Aug. 17,
1977, 91 Stat. 871; Pub. L. 97-339, 4, Oct. 15, 1982, 96 Stat. 1636.)
1982 -- Subsec. (c). Pub. L. 97-339 inserted ''and of all aspects of
antisatellite activities''.
1977 -- Pub. L. 95-108 struck out ''United States'' before
''private'' in cl. (2) of opening par.
1963 -- Pub. L. 88-186 inserted ''United States'' before ''private''
in cl. (2) of opening par.
Pub. L. 92-352, title III, 302, July 13, 1972, 86 Stat. 495,
provided that the Arms Control and Disarmament Agency, with the
cooperation of other agencies, prepare a comprehensive report on the
international transfer of conventional arms and submit this report no
later than one year after July 13, 1972, with an interim report
submitted no later than six months after July 13, 1972.
/1/ So in original. Probably should be followed by a comma.
22 USC 2572. Patents; availability to general public; protection of
background rights
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
All research within the United States contracted for, sponsored,
cosponsored, or authorized under authority of this chapter, shall be
provided for in such manner that all information as to uses, products,
processes, patents, and other developments resulting from such research
developed by Government expenditure will (with such exceptions and
limitations, if any, as the Director may find to be necessary in the
public interest) be available to the general public. This section shall
not be so construed as to deprive the owner of any background patent
relating thereto of such rights as he may have thereunder.
(Pub. L. 87-297, title III, 32, Sept. 26, 1961, 75 Stat. 634.)
22 USC 2573. Policy formulation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Director is authorized and directed to prepare for the President,
the Secretary of State, and the heads of such other Government agencies,
as the President may determine, recommendations concerning United States
arms control and disarmament policy: Provided, however, That no action
shall be taken under this chapter or any other law that will obligate
the United States to disarm or to reduce or to limit the Armed Forces or
armaments of the United States, except pursuant to the treaty making
power of the President under the Constitution or unless authorized by
further affirmative legislation by the Congress of the United States.
Nothing contained in this chapter shall be construed to authorize any
policy or action by any Government agency which would interfere with,
restrict, or prohibit the acquisition, possession, or use of firearms by
an individual for the lawful purpose of personal defense, sport,
recreation, education, or training.
(Pub. L. 87-297, title III, 33, Sept. 26, 1961, 75 Stat. 634; Pub.
L. 88-186, 3, Nov. 26, 1963, 77 Stat. 342.)
1963 -- Pub. L. 88-186 inserted provision precluding construction of
this chapter to authorize the regulation of the possession of firearms
by an individual.
22 USC 2574. Negotiations and related functions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Under the direction of the Secretary of State --
(a) Consultation with the representatives of the United States and
other nations
the Director, for the purpose of conducting negotiations concerning
arms control and disarmament or for the purpose of exercising any other
authority given him by this chapter, may (1) consult and communicate
with or direct the consultation and communication with representatives
of other nations or of international organizations and (2) communicate
in the name of the Secretary with diplomatic representatives of the
United States in this country and abroad.
(b) Official policy on arms control to United States Information
Agency for dissemination
the Director shall perform functions pursuant to section 2(c) of
Reorganization Plan 8 of 1953 with respect to providing to the United
States Information Agency official United States positions and policy on
arms control and disarmament matters for dissemination abroad.
(c) Plans for inspection and control system
the Director is authorized (1) to formulate plans and make
preparations for the establishment, operation, and funding of inspection
and control systems which may become part of the United States arms
control and disarmament activities, and (2) as authorized by law, to put
into effect, direct, or otherwise assume United States responsibility
for such systems.
(Pub. L. 87-297, title III, 34, Sept. 26, 1961, 75 Stat. 634.)
Reorganization Plan 8 of 1953, referred to in subsec. (b), is set
out in the Appendix to Title 5, Government Organization and Employees.
United States Information Agency, referred to in subsec. (b),
abolished and replaced by International Communication Agency pursuant to
Reorg. Plan No. 2 of 1977, 42 F.R. 62461, 91 Stat. 1636, set out in
the Appendix to Title 5, Government Organization and Employees,
effective on or before July 1, 1978, at such time as specified by
President. International Communication Agency redesignated United
States Information Agency by section 303 of Pub. L. 97-241, title III,
Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of
this title.
22 USC 2575. Coordination of Government agencies and resolution of
policy differences
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President is authorized to establish procedures to (1) assure
cooperation, consultation, and a continuing exchange of information
between the Agency and the Department of Defense, the Atomic Energy
Commission, the National Aeronautics and Space Administration and other
affected Government agencies, in all significant aspects of United
States arms control and disarmament policy and related matters,
including current and prospective policies, plans, and programs, (2)
resolve differences of opinion between the Director and such other
agencies which cannot be resolved through consultation, and (3) provide
for presentation to the President of recommendations of the Director
with respect to such differences, when such differences involve major
matters of policy and cannot be resolved through consultation.
(Pub. L. 87-297, title III, 35, Sept. 26, 1961, 75 Stat. 635.)
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under those sections.
Ex. Ord. No. 11044, Aug. 20, 1962, 27 F.R. 8341, as amended by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
WHEREAS there has been established by law the United States Arms
Control and Disarmament Agency; and
WHEREAS the Arms Control and Disarmament Act (this chapter) provides
that the Director of that Agency shall be the principal adviser to the
Secretary of State and the President on Arms control and disarmament
matters and requires the Director to assume primary responsibility
within the Government for such matters under the direction of the
Secretary of State; and
WHEREAS the Act (this chapter) authorizes and directs the said
Director to coordinate significant aspects of the United States arms
control and disarmament policy and related matters; and
WHEREAS it is desirable that the President establish procedures for
coordination, and for the resolution of differences of opinion between
the United States Arms Control and Disarmament Agency and other affected
Government agencies, concerning all significant aspects of arms control
and disarmament policy and related matters:
NOW, THEREFORE, by virtue of the authority vested in me by the Arms
Control and Disarmament Act (75 Stat. 631; 50 U.S.C. 1501 et seq.) (now
classified to this chapter), and as President of the United States, it
is hereby ordered as follows:
Section 1. Definitions. As used hereinafter:
(a) The word ''Director'' means the Director of the United States
Arms Control and Disarmament Agency.
(b) The term ''affected agencies'' shall include the Department of
Defense, the Atomic Energy Commission, the Central Intelligence Agency,
the National Aeronautics and Space Administration, and, when not
inappropriate in the context, the United States Arms Control and
Disarmament Agency, and shall include also such other agencies as the
Director may designate hereunder.
(c) The terms ''arms control'' and ''disarmament'' shall be defined
as they are defined in section 3(a) of the Arms Control and Disarmament
Act (section 2552(a) of this title).
(d) The term ''related matters'' shall include those matters which
are necessary to, desirable for, or otherwise directly connected with
the functions described in sections 3 and 4 of this order.
Sec. 2. Cooperation. The Director and the heads of affected agencies
shall keep each other fully and currently informed on all significant
aspects of United States arms control and disarmament policy and related
matters, including current and prospective policies, plans and programs.
Differences of opinion concerning arms control and disarmament policy
and related matters arising between the United States Arms Control and
Disarmament Agency and other affected agencies with respect to such
subjects which involve major matters of policy and cannot be resolved
through consultation shall be promptly referred to the President for
decision. In such instances the head of an agency presenting
recommendations with respect to such differences to the President shall
give the heads of affected agencies notice of the occasion for and
substance of his recommendations.
Sec. 3. Policy coordination. (a) The Director shall establish
procedures consistent with this order and the Arms Control and
Disarmament Act (this chapter) to assure coordination of:
(1) his recommendations to the Secretary of State and the President
and to the heads of affected agencies relating to United States arms
control and disarmament policy;
(2) Government planning for the conduct and support of research for
arms control and disarmament policy formulation, including the
comprehensive and balanced plan provided for in Section 4 of this order;
(3) Government planning for the dissemination of public information
concerning arms control and disarmament;
(4) the preparation for and management of United States participation
in international negotiations in the arms control and disarmament field;
and
(5) the preparation for, operation of or, as appropriate, direction
of United States participation in such control systems as may become
part of United States arms control and disarmament activities.
(b) The Director shall exercise leadership in assuring that
differences of opinion concerning arms control and disarmament policy
and related matters are resolved expeditiously and shall take such steps
as may be appropriate in order to produce common or harmonious action
among the agencies concerned.
Sec. 4. Research. With the advice and assistance of affected
agencies, the Director shall develop and keep current a comprehensive
and balanced program of research, development and other studies needed
to be conducted by or for the Government for arms control and
disarmament policy formulation. The Director shall maintain a
continuing inventory of Federal activities related to the planned
program and advise the affected agencies as to their respective
participations in the planned program in order to produce harmonious
action and prevent duplication of effort. The Director shall
periodically submit to the Director of the Office of Management and
Budget a consolidated schedule of such activities with assessments of
their respective programs by the responsible agencies, together with his
evaluations regarding these activities.
Sec. 5. Force and armament levels. The Secretary of Defense shall
keep the Director informed with respect to the planning of armed forces
levels and armaments and, for consideration in connection with such
planning, the Director shall furnish the Secretary of Defense statements
of existing and projected arms control and disarmament policies.
22 USC 2576. Arms control impact information and analysis
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Access by Director to detailed information of Government agencies
preparing legislative or budgetary proposals; nature of proposals;
applicable procedures
In order to assist the Director in the performance of his duties with
respect to arms control and disarmament policy and negotiations, any
Government agency preparing any legislative or budgetary proposal for --
(1) any program of research, development, testing, engineering,
construction, deployment, or modernization with respect to nuclear
armaments, nuclear implements of war, military facilities or military
vehicles designed or intended primarily for the delivery of nuclear
weapons,
(2) any program of research, development, testing, engineering,
construction, deployment, or modernization with respect to armaments,
ammunition, implements of war, or military facilities, having --
(A) an estimated total program cost in excess of $250,000,000, or
(B) an estimated annual program cost in excess of $50,000,000, or
(3) any other program involving technology with potential military
application or weapons systems which such Government agency or the
Director believes may have a significant impact on arms control and
disarmament policy or negotiations,
shall, on a continuing basis, provide the Director with full and
timely access to detailed information, in accordance with the procedures
established pursuant to section 2575 of this title, with respect to the
nature, scope, and purpose of such proposal.
(b) Program assessment, analysis and recommendations by Director to
National Security Council, Office of Management and Budget, and
proposing agency; requests for authorization or appropriation;
contents; information requested by select Congressional committees
(1) The Director, as he deems appropriate, shall assess and analyze
each program described in subsection (a) of this section with respect to
its impact on arms control and disarmament policy and negotiations, and
shall advise and make recommendations, on the basis of such assessment
and analysis, to the National Security Council, the Office of Management
and Budget, and the Government agency proposing such program.
(2) No request to the Congress for authorizations or appropriations
for --
(A) any program described in subsection (a)(1) or (2) of this
section, or
(B) any program described in subsection (a)(3) of this section and
found by the National Security Council, on the basis of the advice and
recommendations received from the Director, to have a significant impact
on arms control and disarmament policy or negotiations,
shall be transmitted without a complete statement analyzing the
impact of such program, either as an individual program or as an
aggregation of related programs, on arms control and disarmament policy
and negotiations. Any such statement transmitted in classified form
shall be accompanied by an unclassified version thereof.
(3) Upon the request of the Committee on Armed Services of the Senate
or the House of Representatives, the Committee on Appropriations of the
Senate or the House of Representatives, the Committee on Foreign
Relations of the Senate, or the Committee on Foreign Affairs of the
House of Representatives or the Joint Committee on Atomic Energy, the
Director shall, after informing the Secretary of State, advise such
committee on the arms control and disarmament implications of any
program with respect to which a statement has been submitted to the
Congress pursuant to paragraph (2).
(c) Prohibition of courts to compel statutory performance or review
adequacy of statutory performance of Government agencies or Director
No court shall have any jurisdiction under any law to compel the
performance of any requirement of this section or to review the adequacy
of the performance of any such requirement on the part of any Government
agency (including the Agency and the Director).
(Pub. L. 87-297, title III, 36, as added Pub. L. 94-141, title I,
146, Nov. 29, 1975, 89 Stat. 758, and amended Pub. L. 95-338, 1, Aug.
8, 1978, 92 Stat. 458; H. Res. 89, Feb. 5, 1979.)
1978 -- Subsec. (a)(3). Pub. L. 95-338, 1(1), substituted
''technology with potential military application or weapons systems''
for ''weapons systems or technology''.
Subsec. (b)(2). Pub. L. 95-338, 1(2), inserted provisions requiring
requests to be transmitted either as an individual program or as an
aggregation of related programs, and classification requirements for
transmitted statements.
Committee on International Relations of House of Representatives
changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House
Resolution 89, 96th Congress.
Joint Committee on Atomic Energy, referred to in subsec. (b)(3),
abolished by section 2258 of Title 42, The Public Health and Welfare,
and references to Joint Committee deemed, on or after Sept. 20, 1977,
to refer to committees of Senate or House of Representatives which,
under rules of Senate or House, have jurisdiction over subject matter
with records and files of Joint Committee transferred to respective
committees of the House or Senate.
22 USC 2577. Verification of Arms Control Agreements
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Report to Congress
It is the sense of the Congress that adequate verification of
compliance should be an indispensable part of any international arms
control agreement. In recognition of such policy and in order to assure
that arms control proposals made or accepted by the United States can be
adequately verified, the Director shall report to the Congress, on a
timely basis, or upon a request by an appropriate committee of the
Congress --
(1) in the case of each element of any significant arms control
proposal made to a foreign country by the United States, or made to the
United States by a foreign country, the determination of the Director as
to the degree to which such element can be verified by existing national
technical means;
(2) in the case of any arms control agreement or treaty that has
entered into force, any significant degradation or alteration in the
capacity of the United States to verify the various components of such
agreement or treaty;
(3) the number of professional personnel assigned to arms control
verification on a full-time basis by each Government agency; and
(4) the amount and percentage of research funds expended by the
Agency for the purpose of analyzing issues relating to arms control
verification.
(b) Assumptions as to impeding of verification
For purposes of paragraphs (1) and (2) of subsection (a) of this
section, the Director shall assume that all measures of concealment not
expressly prohibited could be employed and that standard practices could
be altered so as to impede verification.
(c) Disclosure of sensitive information
Except as otherwise provided by law, nothing in this section shall be
construed as requiring the disclosure of sensitive information relating
to intelligence sources or methods or persons employed in the
verification of compliance with arms control agreements.
(Pub. L. 87-297, title III, 37, as added Pub. L. 95-108, 4, Aug. 17,
1977, 91 Stat. 871.)
22 USC 2577a. Arms control verification
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment of working group
The President should establish a working group --
(1) to examine verification approaches to a strategic arms reduction
agreement and other arms control agreements; and
(2) to assess the relevance for such agreements of the verification
provisions of the Treaty Between the United States and the Union of
Soviet Socialist Republics on the Elimination of Their
Intermediate-Range and Shorter-Range Missiles (signed at Washington,
December 8, 1987).
(b) Information and data base
(1) The Agency shall allocate sufficient resources to develop and
maintain a comprehensive information and data base on verification
concepts, research, technologies, and systems. The Agency shall
collect, maintain, analyze, and disseminate information pertaining to
arms control verification and monitoring, including information
regarding --
(A) all current United States bilateral and multilateral arms
treaties; and
(B) proposed, prospective, and potential bilateral or multilateral
arms treaties in the areas of nuclear, conventional, chemical, and space
weapons.
(2) The Agency shall seek to improve United States verification and
monitoring activities through the monitoring and support of relevant
research and analysis.
(3) The Agency shall provide detailed information on the activities
pursuant to this section in its annual report to the Congress.
(Pub. L. 101-216, title I, 105, Dec. 11, 1989, 103 Stat. 1854.)
Section was enacted as part of the Arms Control and Disarmament
Amendments Act of 1989, and not as part of the Arms Control and
Disarmament Act which comprises this chapter.
22 USC 2578. Reports on Standing Consultative Commission activities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President shall submit, not later than January 31 of each year,
to the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate a report prepared by the
United States Commissioner on the activities of the United States-Union
of Soviet Socialist Republics Standing Consultative Commission
established under Article XIII of the Treaty on the Limitation of
Anti-Ballistic Missile Systems. In preparing this report, the
Commissioner should consult with former United States Commissioners and
other experts. Such annual report shall include detailed information on
all substantive issues raised by either party to the Treaty and the
response of the other party with regard to such issues. Such annual
report shall be transmitted under an injunction of secrecy, but shall be
accompanied by an unclassified addendum containing such information with
respect to the activities of the Commission as can be made public
consistent with the need for confidentiality of Commission proceedings
and the national security of the United States.
(Pub. L. 87-297, title III, 38, as added Pub. L. 100-213, 3(b), Dec.
24, 1987, 101 Stat. 1445.)
Section 3(a) of Pub. L. 100-213 provided that: ''The Congress finds
that --
''(1) the Standing Consultative Commission was established by the
United States and the Soviet Union under Article XIII of the Treaty on
the Limitation of Anti-Ballistic Missile Systems as a framework for
considering and resolving questions concerning compliance with arms
control obligations; and
''(2) the United States should raise and attempt to resolve issues
relating to compliance by the United States and the Soviet Union with
arms control agreements in the Standing Consultative Commission.''
22 USC 2579. Comprehensive compilation of arms control and disarmament
studies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Pursuant to his responsibilities under section 2571 of this title,
and in order to enhance Congressional and public understanding of arms
control and disarmament issues, the Director shall provide to the
Congress not later than June 30 of each year a report setting forth --
(1) a comprehensive list of studies relating to arms control and
disarmament issues concluded during the previous calendar year by
government agencies or for government agencies by private or public
institutions or persons; and
(2) a brief description of each such study.
This report shall be unclassified, with a classified addendum if
necessary.
(Pub. L. 87-297, title III, 39, as added Pub. L. 100-213, 4, Dec.
24, 1987, 101 Stat. 1445.)
22 USC SUBCHAPTER IV -- ADDITIONAL GENERAL PROVISIONS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2581. General authority of Director
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In the performance of his functions, the Director is authorized to --
(a) Utilization of other Federal agencies; general administrative
services; transfers of supplies, equipment and surplus property
utilize or employ the services, personnel, equipment, or facilities
of any other Government agency, with the consent of the agency
concerned, to perform such functions on behalf of the Agency as may
appear desirable. It is the intent of this section that the Director
rely upon the Department of State for general administrative services in
the United States and abroad to the extent agreed upon between the
Secretary of State and the Director. Any Government agency is
authorized, not withstanding any other provision of law, to transfer to
or to receive from the Director, without reimbursement, supplies and
equipment other than administrative supplies or equipment. Transfer or
receipt of excess property shall be in accordance with the provisions of
the Federal Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 471 et seq.);
(b) Employment of personnel
appoint officers and employees, including attorneys, for the Agency
in accordance with the provisions of title 5 governing appointment in
the competitive service, and fix their compensation in accordance with
chapter 51 and with subchapter III of chapter 53 of such title, relating
to classification and General Schedule pay rates, except that during the
2-year period beginning on August 17, 1977, the Director may, to the
extent he deems necessary to the discharge of his responsibilities,
appoint and fix the compensation of officers and employees for the
Agency without regard to such provisions, subject to the following
requirements:
(1) an officer or employee whose compensation is fixed under the
foregoing exception may not be paid a salary at a rate in excess of the
rate payable under such chapter 51 and such subchapter III for positions
of equivalent difficulty or responsibility except for (A) those officers
and employees whose compensation is fixed by law, and (B) scientific and
technical personnel who may be compensated at a rate not to exceed the
rate in effect for grade GS-18 of the General Schedule;
(2) the Director shall make adequate provision for administrative
review of any determination to suspend or dismiss any officer or
employee appointed under the foregoing exception; and
(3) an officer or employee of the Agency serving under a career or
career conditional appointment on August 17, 1977, may not be
involuntarily deprived, while employed by the Agency, of any rights
normally granted such officer or employee in the competitive service;
(c) Detail of other agency personnel without prejudice to status or
advancement
enter into agreements with other Government agencies, including the
military departments through the Secretary of Defense, under which
officers or employees of such agencies may be detailed to the Agency for
the performance of service pursuant to this chapter without prejudice to
the status or advancement of such officers or employees within their own
agencies;
(d) Experts and consultants; stenographic reporting services;
compensation and travel expenses; limitation on period of employment;
renewal of employment contracts
procure services of experts and consultants or organizations thereof,
including stenographic reporting services, as authorized by section 3109
of title 5 and to pay in connection therewith travel expenses of
individuals, including transportation and per diem in lieu of
subsistence while away from their homes or regular places of business,
as authorized by section 5703 of such title: Provided, That no such
individual shall be employed for more than 130 days in any fiscal year
unless the President certifies that employment of such individual in
excess of such number of days is necessary in the national interest:
And provided further, That such contracts may be renewed annually;
(e) Employment of outstanding personnel
employ individuals of outstanding ability without compensation in
accordance with the provisions of section 2160(b) of the Appendix to
title 50 and regulations issued thereunder;
(f) Establishment of advisory boards; compensation and expenses
establish advisory boards to advise with and make recommendations to
the Director on United States arms control and disarmament policy and
activities. The members of such boards may receive the compensation and
reimbursement for expenses specified for consultants by subsection (d)
of this section;
(g) Travel and subsistence expenses from private sources;
reimbursement
permit, under such terms and conditions as he may prescribe, any
officer or employee of the Agency, in connection with the attendance by
such officer or employee at meetings or in performing advisory services
concerned with the functions or activities of the Agency, to accept
payment, in cash or in kind, from any private agency or organization, or
from any individual affiliated with such agency or organization, for
travel and subsistence expenses, such payment to be retained by such
officer or employee to cover the cost thereof or to be deposited to the
credit of the appropriation from which the cost thereof is paid;
(h) Oaths and sworn statements
administer oaths and take sworn statements in the course of an
investigation made pursuant to the Director's responsibilities under
this chapter;
(i) Delegation of functions
delegate, as appropriate, to the Deputy Director or other officers of
the Agency, any authority conferred upon the Director by the provisions
of this chapter; and
(j) Rules and regulations
make, promulgate, issue, rescind, and amend such rules and
regulations as may be necessary or desirable to the exercise of any
authority conferred upon the Director by the provisions of this chapter.
(Pub. L. 87-297, title IV, 41, Sept. 26, 1961, 75 Stat. 635; Pub.
L. 93-332, 1(a), July 8, 1974, 88 Stat. 289; Pub. L. 95-108, 5, Aug.
17, 1977, 91 Stat. 872; Pub. L. 102-228, title IV, 401(b), Dec. 12,
1991, 105 Stat. 1698.)
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. The excess property provisions of that Act are
classified to chapter 10 ( 471 et seq.) of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the
Code, see Short Title note set out under section 471 of Title 40 and
Tables.
The provisions of title 5 governing appointment to the competitive
service, referred to in subsec. (b), are classified to section 3301 et
seq. of Title 5, Government Organization and Employees.
The General Schedule, referred to in subsec. (b), is set out under
section 5332 of Title 5.
1991 -- Subsecs. (h) to (j). Pub. L. 102-228 added subsec. (h) and
redesignated former subsecs. (h) and (i) as (i) and (j), respectively.
1977 -- Subsec. (b). Pub. L. 95-108, 5(a), incorporated existing
provisions into introductory paragraph, and as so incorporated, revised
terminology to reflect current classification of civil service laws,
etc., and inserted provisions authorizing the Director to appoint and
fix compensation of officers and employees of the agency, without regard
to the provisions of title 5, during a two-year period beginning Aug.
17, 1977, and added pars. (1) to (3).
Subsecs. (g) to (i). Pub. L. 95-108, 5(b), added subsec. (g) and
redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
1974 -- Subsec. (d). Pub. L. 93-332 substituted ''as authorized by
section 3109 of title 5'' for ''as authorized by section 55a of title 5,
at rates not to exceed $100 per diem for individuals'', ''section 5703
of such title'' for ''section 73b-2 of title 5'' and ''130 days'' for
''one hundred days''.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Memorandum of the President of the United States, Aug. 18, 1990, 55
F.R. 37693, provided:
Memorandum for the Director of the United States Arms Control and
Disarmament Agency
By virtue of the authority vested in me as President by the
Constitution and laws of the United States, including section 301 of
title 3 of the United States Code, you are hereby delegated the
authority set forth in section 41(d) of the Arms Control and Disarmament
Act (22 U.S.C. 2581(d)) to certify that the employment of persons
referred to in that section in excess of the number of days set forth in
that section is necessary in the national interest.
You are authorized and directed to publish this memorandum in the
Federal Register.
George Bush.
22 USC 2582. Foreign Service personnel
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Delegation of authority by Secretary of State to Director
The Secretary of State may authorize the Director to exercise, with
respect to members of the Foreign Service appointed or employed for the
Agency --
(1) the authority available to the Secretary under the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.), and
(2) the authority available to the Secretary under any other
provisions of law pertaining specifically or applicable generally to
members of the Foreign Service.
(b) Extension or renewal of limited appointments of Foreign Service
members
Limited appointments of members of the Foreign Service for the Agency
may be extended or renewed, notwithstanding section 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3949), so long as the service of the
individual under such appointment does not exceed ten consecutive years
without a break in service of at least one year.
(Pub. L. 87-297, title IV, 42, Sept. 26, 1961, 75 Stat. 636; Pub.
L. 96-465, title II, 2204(a), Oct. 17, 1980, 94 Stat. 2159.)
The Foreign Service Act of 1980, referred to in subsec. (a)(1), is
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified
principally to chapter 52 ( 3901 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 3901 of this title and Tables.
1980 -- Pub. L. 96-465 designated existing provisions as subsec.
(a), among other changes, substituted reference to members of the
Foreign Service for reference to Foreign Service Reserve officers and
Foreign Service Staff officers and employees and reference to the
Foreign Service Act of 1980 for reference to Foreign Service Act of
1946, and struck out provisions relating to the authority of Board of
Foreign Service pursuant to the Foreign Service Act of 1946, and added
subsec. (b).
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
22 USC 2583. Contracts or expenditures
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President may, in advance, exempt actions of the Director from
the provisions of law relating to contracts or expenditures of
Government funds whenever he determines that such action is essential in
the interest of United States arms control and disarmament and security
policy.
(Pub. L. 87-297, title IV, 43, Sept. 26, 1961, 75 Stat. 636.)
22 USC 2584. Conflict of interest and dual compensation exemption
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The members of the General Advisory Committee created by section 2566
of this title, and the members of the advisory boards, the consultants,
and the individuals of outstanding ability employed without
compensation, all of which are provided in section 2581 of this title,
may serve as such without regard to the provisions of section 281, 283,
284, or 1914 /1/ of title 18, or of section 190 /1/ of the Revised
Statutes (5 U.S.C. 99), or of any other Federal law imposing
restrictions, requirements, or penalties in relation to the employment
of individuals, the performance of services, or the payment or receipt
of compensation in connection with any claim, proceeding or matter
involving the United States Government, except insofar as such
provisions of law may prohibit any such individual from receiving
compensation from a source other than a nonprofit educational
institution in respect of any particular matter in which the Agency is
directly interested. Nor shall such service be considered as employment
or holding of office or position bringing such individual within the
provisions of sections 3323(b) and 8344 of title 5, or any other Federal
law limiting the reemployment of retired officers or employees or
governing the simultaneous receipt of compensation and retired pay or
annuities, subject to section 5532 of title 5.
(Pub. L. 87-297, title IV, 44, Sept. 26, 1961, 75 Stat. 636; Pub.
L. 88-448, title IV, 401(d), Aug. 19, 1964, 78 Stat. 490.)
Sections 281 and 283 of title 18, referred to in text, were repealed
by Pub. L. 87-849, 2, Oct. 23, 1962, 76 Stat. 1126, except as they
may apply to retired officers of the armed forces of the United States,
and were supplanted by sections 203 and 205 of Title 18, Crimes and
Criminal Procedure. For further details, see ''Exemptions'' note set
out under section 281 of Title 18.
Sections 284 and 1914 of title 18, referred to in text, were repealed
by Pub. L. 87-849, 2, Oct. 23, 1962, 76 Stat. 1126, and were
supplanted by sections 207 and 209 of Title 18.
Section 190 of the Revised Statutes (5 U.S.C. 99), referred to in
text, was repealed by Pub. L. 87-849, 3, Oct. 23, 1962, 76 Stat.
1126. See section 207 of Title 18.
''Sections 3323(b) and 8344 of title 5'' and ''section 5532 of title
5'' substituted in text for ''section 13 of the Civil Service Retirement
Act (5 U.S.C. 2263)'' and ''section 201 of the Dual Compensation Act''
(5 U.S.C. 3102), respectively, on authority of section 7(b) of Pub. L.
89-554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title
5, Government Organization and Employees.
1964 -- Pub. L. 88-448 struck out provisions which stated that such
service shall not be considered as employment or holding of office or
position bringing such individual within the provisions of section 59a
of title 5, and inserted '', subject to section 3102 of title 5''.
Amendment by Pub. L. 88-448 effective on first day of first month
which begins later than ninetieth day following Aug. 19, 1964, see
section 403 of Pub. L. 88-448.
Advisory committees and boards, in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year period following
Jan. 5, 1973, unless, in the case of a committee or board established
by the President or an officer of the Federal Government, such committee
or board is renewed by appropriate action prior to the expiration of
such 2-year period, or in the case of a committee or board established
by the Congress, its duration is otherwise provided by law. See
sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,
776, set out in the Appendix to Title 5, Government Organization and
Employees.
/1/ See References in Text note below.
22 USC 2585. Security requirements
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment of security and loyalty requirements, restrictions,
and safeguards; investigation of personnel; standards of clearance
The Director shall establish such security and loyalty requirements,
restrictions, and safeguards as he deems necessary in the interest of
the national security and to carry out the provisions of this chapter.
Except as provided in subsection (d) of this section, the Director shall
arrange with the Director of the Office of Personnel Management for the
conduct of full-field background security and loyalty investigations of
all the Agency's officers, employees, consultants, persons detailed from
other Government agencies, members of its General Advisory Committee,
advisory boards, contractors, and subcontractors, and their officers and
employees, actual or prospective. In the case of persons detailed from
other Government agencies, the Director may accept the results of
full-field background security and loyalty investigations conducted by
the Department of Defense or the Department of State as the basis for
the determination required by this subsection that the person is not a
security risk or of doubtful loyalty. In the event the investigation
discloses information indicating that the person investigated may be or
may become a security risk, or may be of doubtful loyalty, the report of
the investigation shall be turned over to the Federal Bureau of
Investigation for a full-field investigation. The final results of all
such investigations shall be turned over to the Director for final
determination. Except as provided in subsection (d) of this section, no
person shall be permitted to enter on duty as such an officer, employee,
consultant, or member of advisory committee or board, or pursuant to any
such detail, and no contractor or subcontractor, or officer or employee
thereof shall be permitted to have access to any classified information,
until he shall have been investigated in accordance with this subsection
and the report of such investigations made to the Director, and the
Director shall have determined that such person is not a security risk
or of doubtful loyalty. Standards applicable with respect to the
security clearance of persons within any category referred to in this
subsection shall not be less stringent, and the investigation of such
persons for such purposes shall not be less intensive or complete, than
in the case of such clearance of persons in a corresponding category
under the security procedures of the Government agency or agencies
having the highest security restrictions with respect to persons in such
category.
(b) Acceptance of investigation and clearance granted by other
Government agencies to contractor personnel; access to confidential
information
In the case of contractors or subcontractors and their officers or
employees, actual or prospective, the Director may accept, in lieu of
the investigation prescribed in subsection (a) of this section, a report
of investigation conducted by a Government agency, other than the
Director of the Office of Personnel Management or the Federal Bureau of
Investigation, when it is determined by the Director that the completed
investigation meets the standards established in subsection (a) of this
section: Provided, That security clearance had been granted to the
individual concerned by another Government agency based upon such
investigation and report. The Director may also grant access for
information classified no higher than ''confidential'' to contractors or
subcontractors and their officers and employees, actual or prospective,
on the basis of reports on less than full-field investigations:
Provided, That such investigations shall each include a current national
agency check. Notwithstanding the foregoing and the provisions of
subsection (a) of this section, the Director may also grant access to
classified information to contractors or subcontractors and their
officers and employees, actual or prospective, on the basis of a
security clearance granted by the Department of Defense, or any agency
thereof, to the individual concerned; except that any access to
Restricted Data shall be subject to the provisions of subsection (c) of
this section.
(c) Atomic Energy Commission Restricted Data; access; personnel
security procedures and standards of Commission and Agency; interim
clearance; exchanges
The Atomic Energy Commission may authorize any of its employees, or
employees of any contractor, prospective contractor, licensee, or
prospective licensee of the Atomic Energy Commission or any other person
authorized to have access to Restricted Data by the Atomic Energy
Commission under section 2165 of title 42, to permit the Director or any
officer, employee, consultant, person detailed from other Government
agencies, member of the General Advisory Committee or of an advisory
board established pursuant to section 2581(f) of this title, contractor,
subcontractor, prospective contractor, or prospective subcontractor, or
officer or employee of such contractor, subcontractor, prospective
contractor, or prospective subcontractor, to have access to Restricted
Data which is required in the performance of his duties and so certified
by the Director, but only if (1) the Atomic Energy Commission has
determined, in accordance with the established personnel security
procedures and standards of the Commission, that permitting such
individual to have access to such Restricted Data will not endanger the
common defense and security, and (2) the Atomic Energy Commission finds
that the established personnel and other security procedures and
standards of the Agency are adequate and in reasonable conformity to the
standards established by the Atomic Energy Commission under section 2165
of title 42, including those for interim clearance in subsection (b)
thereof. Any individual granted access to such Restricted Data pursuant
to this subsection may exchange such data with any individual who (A) is
an officer or employee of the Department of Defense, or any department
or agency thereof, or a member of the Armed Forces, or an officer or
employee of the National Aeronautics and Space Administration, or a
contractor or subcontractor of any such department, agency, or armed
force, or an officer or employee of any such contractor or
subcontractor, and (B) has been authorized to have access to Restricted
Data under the provisions of sections 2163 or 2455 of title 42.
(d) Waiver of required investigation and determination with respect
to consultants; procedure
The investigations and determination required under subsection (a) of
this section may be waived by the Director in the case of any consultant
who will not be permitted to have access to classified information if
the Director determines and certifies in writing that such waiver is in
the best interests of the United States.
(Pub. L. 87-297, title IV, 45, Sept. 26, 1961, 75 Stat. 637; Pub.
L. 88-186, 2, Nov. 26, 1963, 77 Stat. 341; Pub. L. 94-141, title I,
147, Nov. 29, 1975, 89 Stat. 759; 1978 Reorg. Plan No. 2, 102, eff.
Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 97-339, 3, Oct.
15, 1982, 96 Stat. 1635.)
1982 -- Subsec. (a). Pub. L. 97-339 inserted provision relating to
acceptance by the Director, in the case of persons detailed from other
agencies, of the results of full-field background security and loyalty
investigations conducted by the Department of Defense or Department of
State.
1975 -- Subsec. (a). Pub. L. 94-141, 147(a)(1), (2), substituted
''Except as provided in subsection (d) of this section, the Director
shall arrange with the Civil Service Commission'' for ''The Director
shall arrange with the Civil Service Commissioner'' and ''Except as
provided in subsection (d) of this section, no person'' for ''No
person''.
Subsec. (b). Pub. L. 94-141, 147(b), inserted provisions that
notwithstanding security requirements of subsec. (a) of this section,
the Director may grant access to classified information to individuals
with a security clearance from Department of Defense subject only to
provisions of subsec. (c) of this section.
Subsec. (d). Pub. L. 94-141, 147(a)(3), added subsec. (d).
1963 -- Subsecs. (b), (c). Pub. L. 88-186 added subsec. (b) and
redesignated former subsec. (b) as (c).
''Director of the Office of Personnel Management'' substituted for
''Civil Service Commission'' in subsecs. (a) and (b), pursuant to
Reorg. Plan No. 2 of 1978, 102, 43 F.R. 36037, 92 Stat. 3783, set out
under section 1101 of Title 5, Government Organization and Employees,
which transferred functions vested by statute in Civil Service
Commission to Director of Office of Personnel Management (except as
otherwise specified), effective Jan. 1, 1979, as provided by section
1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out
under section 1101 of Title 5.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under those sections.
Advisory committees and boards, in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year period following
Jan. 5, 1973, unless, in the case of a committee or board established
by the President or an officer of the Federal Government, such committee
or board is renewed by appropriate action prior to the expiration of
such 2-year period, or in the case of a committee or board established
by the Congress, its duration is otherwise provided by law. See
sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,
776, set out in the Appendix to Title 5, Government Organization and
Employees.
22 USC 2586. Comptroller General audit
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
No moneys appropriated for the purpose of this chapter shall be
available for payment under any contract with the Director, negotiated
without advertising, except contracts with any foreign government,
international organization or any agency thereof, unless such contract
includes a clause to the effect that the Comptroller General of the
United States or any of his duly authorized representatives shall, until
the expiration of three years after final payment, have access to and
the right to examine any directly pertinent books, documents, papers,
and records of the contractor or any of his subcontractors engaged in
the performance of, and involving transactions related to such contracts
or subcontracts: Provided, however, That no moneys so appropriated
shall be available for payment under such contract which includes any
provisions precluding an audit by the General Accounting Office of any
transaction under such contract: And provided further, That nothing in
this section shall preclude the earlier disposal of contractor and
subcontractor records in accordance with records disposal schedules
agreed upon between the Director and the General Accounting Office.
(Pub. L. 87-297, title IV, 46, Sept. 26, 1961, 75 Stat. 638.)
22 USC 2587. Transfer of activities and facilities to Agency
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Transfer of United States Disarmament Administration
The United States Disarmament Administration, together with its
records, property, personnel, and funds, is transferred to the Agency.
The appropriations and unexpended balances of appropriations transferred
pursuant to this subsection shall be available for expenditure for any
and all objects of expenditure authorized by this chapter, without
regard to the requirements of apportionment under subchapter II of
chapter 15 of title 31.
(b) Transfer of activities, facilities, etc., to Director; report to
Congress; approval
The President, by Executive order, may transfer to the Director any
activities or facilities of any Government agency which relate primarily
to arms control and disarmament. In connection with any such transfer,
the President may under this section or other applicable authority,
provide for appropriate transfers of records, property, civilian
personnel, and funds. No transfer shall be made under this subsection
until (1) a full and complete report concerning the nature and effect of
such proposed transfer has been transmitted by the President to the
Congress, and (2) the first period of sixty calendar days of regular
session of the Congress following the date of receipt of such report by
the Congress has expired without adoption by either House of the
Congress of a resolution stating that such House does not favor such
transfer. The procedures prescribed in sections 908 to 912 of title 5
shall apply to any such resolution.
(Pub. L. 87-297, title IV, 47, Sept. 26, 1961, 75 Stat. 638.)
In subsec. (a), ''subchapter II of chapter 15 of title 31''
substituted for ''section 665 of title 31'' on authority of Pub. L.
97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
In subsec. (b), ''sections 908-912 of title 5'' substituted for
''title II of the Reorganization Act of 1949 (5 U.S.C. 133z-10 to
133z-15)'' on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80
Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees, and the general amendment of chapter 9 ( 901
et seq.) of Title 5 by Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 29.
22 USC 2588. Use of funds
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Appropriations made to the Director for the purposes of this chapter,
and transfers of funds to him by other Government agencies for such
purposes, shall be available to him to exercise any authority granted
him by this chapter, including, without limitation, expenses of printing
and binding without regard to the provisions of section 501 of title 44;
purchase or hire of one passenger motor vehicle for the official use of
the Director; entertainment and official courtesies to the extent
authorized by appropriation; expenditures for training and study;
expenditures in connection with participation in international
conferences for the purposes of this chapter; and expenses in
connection with travel of personnel outside the United States, including
transportation expenses of dependents, household goods, and personal
effects (including any such travel or transportation any part of which
begins in one fiscal year pursuant to travel orders issued in that
fiscal year, but which is completed after the end of that fiscal year),
and expenses authorized by the Foreign Service Act of 1980 (22 U.S.C.
3901 et seq.), not otherwise provided for.
(Pub. L. 87-297, title IV, 48, Sept. 26, 1961, 75 Stat. 638; Pub.
L. 96-465, title II, 2204(b), Oct. 17, 1980, 94 Stat. 2159; Pub. L.
99-550, 2(c), Oct. 27, 1986, 100 Stat. 3070; Pub. L. 101-216, title I,
106, Dec. 11, 1989, 103 Stat. 1854.)
The Foreign Service Act of 1980, referred to in text, is Pub. L.
96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally
to chapter 52 ( 3901 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 3901 of this title and Tables.
''Section 501 of title 44'' substituted in text for ''section 11 of
the Act of March 1, 1919 (44 U.S.C. 111)'' on authority of section 2(b)
of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238, section 1 of which
enacted Title 44, Public Printing and Documents.
1989 -- Pub. L. 101-216 inserted ''(including any such travel or
transportation any part of which begins in one fiscal year pursuant to
travel orders issued in that fiscal year, but which is completed after
the end of that fiscal year)'' after ''personal effects''.
1986 -- Pub. L. 99-550 struck out ''without regard to the
limitations contained in section 78(c) of title 5 of the United States
Code'' after ''official use of the Director''.
1980 -- Pub. L. 96-465 substituted ''Foreign Service Act of 1980''
for ''Foreign Service Act of 1946, as amended''.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
22 USC 2589. Appropriations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Amount
To carry out the purposes of this chapter, there are authorized to be
appropriated --
(1) $44,527,000 for fiscal year 1992 and $45,862,810 for fiscal year
1993; and
(2) such additional amounts as may be necessary for each fiscal year
for which an authorization of appropriations is provided in paragraph
(1) for increases in salary, pay, retirement, other employee benefits
authorized by law, and other nondiscretionary costs, and to offset
adverse fluctuations in foreign currency exchange rates.
(b) Allocation or transfer and authority for obligation and
expenditure of funds
Funds appropriated pursuant to this section may be allocated or
transferred to any agency for carrying out the purposes of this chapter.
Such funds shall be available for obligation and expenditure in
accordance with authority granted in this chapter, or under authority
governing the activities of the agencies to which such funds are
allocated or transferred.
(c) Limitation on obligation of funds during final month of fiscal
year
Not more than 20 per centum of any appropriation made pursuant to
this chapter shall be obligated and/or reserved during the last month of
a fiscal year.
(d) Requests for authorization of appropriations to be accompanied by
detailed budget for bureaus; required contents of budget
Beginning with its request to the Congress for an authorization of
appropriations for the fiscal year 1980, and with such request for each
fiscal year thereafter, the Agency shall accompany such request with a
detailed budget for each bureau and functional category within each
bureau, which budget shall set forth and justify obligations and outlays
for the fiscal year for which such request is made and for the fiscal
year preceding and next following such year.
(Pub. L. 87-297, title IV, 49, Sept. 26, 1961, 75 Stat. 639; Pub.
L. 88-186, 1, 4, Nov. 26, 1963, 77 Stat. 341, 342; Pub. L. 89-27, May
27, 1965, 79 Stat. 118; Pub. L. 90-314, May 23, 1968, 82 Stat. 129;
Pub. L. 91-246, May 12, 1970, 84 Stat. 207; Pub. L. 92-352, title III,
301, July 13, 1972, 86 Stat. 494; Pub. L. 93-332, 1(b), July 8, 1974,
88 Stat. 289; Pub. L. 94-141, title I, 141, 148, Nov. 29, 1975, 89
Stat. 757, 760; Pub. L. 95-108, 6, Aug. 17, 1977, 91 Stat. 873; Pub.
L. 95-338, 2, 3, Aug. 8, 1978, 92 Stat. 458, 459; Pub. L. 96-66, 2(a),
Sept. 21, 1979, 93 Stat. 414; Pub. L. 97-339, 2(a), Oct. 15, 1982, 96
Stat. 1635; Pub. L. 98-202, 1, Dec. 2, 1983, 97 Stat. 1381; Pub. L.
99-93, title VII, 701, 702, Aug. 16, 1985, 99 Stat. 444; Pub. L.
100-213, 2, Dec. 24, 1987, 101 Stat. 1444; Pub. L. 101-216, title I,
101, Dec. 11, 1989, 103 Stat. 1853; Pub. L. 102-228, title IV, 401(a),
Dec. 12, 1991, 105 Stat. 1698.)
1991 -- Subsec. (a). Pub. L. 102-228 redesignated subpar. (A) as
par. (1) and substituted appropriation authorizations for fiscal years
1992 and 1993 for those for fiscal years 1990 and 1991, and redesignated
subpar. (B) as par. (2) and substituted reference to each fiscal year
for which a par. (1) authorization is provided for reference to fiscal
years 1990 and 1991.
1989 -- Subsec. (a). Pub. L. 101-216 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows:
''(1) To carry out the purposes of this chapter, there are authorized
to be appropriated --
''(A) $29,000,000 for the fiscal year 1988 and $29,800,000 for fiscal
year 1989; and
''(B) such additional amounts as may be necessary for each such
fiscal year for increases in salary, pay, retirement, other employee
benefits authorized by law, and other nondiscretionary costs, and to
offset adverse fluctuations in foreign currency exchange rates.
''(2) Of the amounts authorized to be appropriated by paragraph (1)(
A) for each of the fiscal years 1988 and 1989 --
''(A) $7,063,000 shall be available only to pay necessary expenses
incurred in connection with arms control negotiations conducted with the
Government of the Soviet Union on strategic arms reductions,
intermediate-range nuclear forces, and space and defensive weapons;
''(B) not less than $310,000 shall be available only for the program
for visiting scholars in the field of arms control and disarmament
established under section 2568 of this title;
''(C) $780,000 shall be used for external research to assist the
Bureau of Verification and Intelligence in making assessments of
possible new systems, devices, and capabilities for verification of arms
control;
''(D) not more than $1,560,000 may be used for any other external
research program; and
''(E) a total of not more than $3,000,000 may be used for all
external research.
''(3) Amounts appropriated under this subsection are authorized to
remain available until expended.''
1987 -- Subsec. (a). Pub. L. 100-213 amended subsec. (a) generally,
substituting provisions authorizing appropriations to carry out this
chapter for fiscal years 1988 and 1989 for former provisions authorizing
appropriations to carry out this chapter for fiscal years 1985 to 1987.
1985 -- Subsec. (a)(1), (2). Pub. L. 99-93 amended pars. (1) and
(2) generally, substituting appropriations authorizations of
$23,789,000, $25,614,000, and $25,614,000 for fiscal years 1985, 1986,
and 1987 for former authorizations of $20,888,000 and $21,932,000 for
fiscal years 1984 and 1985.
1983 -- Subsec. (a). Pub. L. 98-202 amended subsec. (a) generally,
substituting pars. (1) and (2) appropriations authorizations of
$20,888,000 and $21,932,000 for fiscal years 1984 and 1985 for former
authorizations of $18,268,000 and $19,893,852 for fiscal years 1982 and
1983, substituting in par. (3) ''amounts as may be necessary, for each
such fiscal year,'' for ''amounts, for each such fiscal year, as may be
necessary'' and requiring minimum of $200,000 be available for fiscal
years 1984 and 1985 for the program for visiting scholars in the field
of arms control and disarmament.
1982 -- Subsec. (a). Pub. L. 97-339 substituted in par. (1) ''1982,
$18,268,000'' for ''1980, $18,876,000, and'', in par. (2) ''1983,
$19,893,852, and'' for ''1981, $20,645,000,'', and designated as par.
(3) existing provisions relating to additional amounts necessary for
salary, pay, etc.
1979 -- Subsec. (a). Pub. L. 96-66 authorized appropriation of
$18,876,000 and $20,645,000 for fiscal years 1980, and 1981, authorized
additional amounts for listed uses, including provision to offset
adverse fluctuations in foreign currency exchange rates, and deleted
appropriation authorization of $18,395,000 for fiscal year 1979 and
authorization of additional amounts, $1,000,000 to be available for
purpose of furthering nuclear safeguards programs and activities of the
International Atomic Energy Agency and necessary sums for study of arms
control centers at academic institutions to be reported to Congress no
later than Jan. 31, 1979.
1978 -- Subsec. (a). Pub. L. 95-338, 2, substituted provisions
respecting amounts appropriated for fiscal year 1979, limitations on use
of such sums, and availability of such sums for reporting requirements
and for other purposes, for provisions respecting amounts appropriated
for fiscal years 1976 through 1978, and limitations on use of such sums.
Subsec. (d). Pub. L. 95-338, 3, added subsec. (d).
1977 -- Subsec. (a). Pub. L. 95-108 substituted provisions
authorizing appropriation of $16,600,000 for fiscal year 1978 of which
$2,000,000 shall be used only for furthering the nuclear safeguards
programs and activities for provisions authorizing appropriation of not
to exceed $10,000,000 to carry out the purposes of this chapter and an
additional $20,000,000 for fiscal years 1964 and 1965, $30,000,000 for
the three fiscal years 1966 through 1968, $18,500,000 for the two fiscal
years 1969 through 1970, $17,500,000 for the two fiscal years 1971 and
1972, $22,000,000 for the two fiscal years 1973 and 1974, and
$10,100,000 for the fiscal year 1975 and provision that not more than
$7,000,000 of the funds appropriated for the fiscal years 1969 through
1970 may be used for research, development, and other studies conducted
outside the agency.
1975 -- Subsec. (a). Pub. L. 94-141, 141, authorized appropriation
of $23,440,000 for fiscal years 1976 and 1977, and necessary additional
amounts for increases in salary, etc.
Subsec. (d). Pub. L. 94-141, 148, struck out subsec. (d) relating to
prohibition of using appropriated funds for the dissemination of
propaganda within the United States concerning the work of the United
States Arms Control and Disarmament Agency.
1974 -- Subsec. (a). Pub. L. 93-332 authorized appropriation of
$10,100,000 for fiscal year 1975.
1972 -- Subsec. (a). Pub. L. 92-352 authorized appropriation of
$22,000,000 for fiscal years 1973 and 1974.
1970 -- Subsec. (a). Pub. L. 91-246 authorized appropriation of
$17,500,000 for fiscal years 1971 and 1972.
1968 -- Subsec. (a). Pub. L. 90-314 authorized appropriation of
$18,500,000 for fiscal years 1969 and 1970, limited amount of such funds
to be used for purpose of research, development, and other studies
conducted outside the Agency to $7,000,000, and made such limitation
inapplicable to field test activities conducted pursuant to this
chapter.
1965 -- Subsec. (a). Pub. L. 89-27 authorized appropriation of
$30,000,000 for fiscal years 1966 through 1968.
1963 -- Subsec. (a). Pub. L. 88-186, 1, authorized appropriation of
$20,000,000 for fiscal years 1964 and 1965.
Subsecs. (c), (d). Pub. L. 88-186, 4, added subsecs. (c) and (d).
Section 2(b) of Pub. L. 96-66 provided that: ''The amendment made
by subsection (a) (amending this section) shall take effect on October
1, 1979.''
Section 4 of Pub. L. 95-338 provided that: ''The amendment made by
section 2 (amending this section) shall take effect on October 1,
1978.''
22 USC 2590. Reports to Congress; contents
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Director shall submit to the President, for transmittal to the
Congress, not later than January 31 of each year, a report concerning
activities of the Agency. Such report shall include a complete and
analytical statement of arms control and disarmament goals,
negotiations, and activities and an appraisal of the status and
prospects of arms control negotiations and of arms control measures in
effect.
(Pub. L. 87-297, title IV, 50, Sept. 26, 1961, 75 Stat. 639; Pub.
L. 94-141, title I, 149, Nov. 29, 1975, 89 Stat. 760.)
1975 -- Pub. L. 94-141 inserted provisions setting forth the
contents of report Director is required to submit to President.
22 USC 2591. Specialists fluent in Russian language
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Director is authorized to create up to eight additional permanent
personnel positions at both junior and more senior levels for
specialists in Soviet foreign and military policies, arms control, or
strategic affairs, who also demonstrate fluency in the Russian language.
(Pub. L. 87-297, title IV, 51, as added Pub. L. 98-202, 4, Dec. 2,
1983, 97 Stat. 1382.)
22 USC 2592. Reports on adherence to and compliance with agreements
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Congress determines that the achievement and maintenance of
successful controls upon armaments requires official and public
confidence that the parties are expected to adhere to their commitments
and that the parties will be held accountable for failure to meet
obligations. Without such confidence, existing arms control accords are
eroded, and the prospects are jeopardized for new agreements which can
place further controls on the competition in nuclear and conventional
weapons and which can increase international stability. In accordance
with this determination --
(1) the President shall submit, not later than January 31 of each
year, to the Speaker of the House of Representatives and the chairman of
the Committee on Foreign Relations of the Senate a report prepared by
the Director, in coordination with the Secretary of State, the Secretary
of Defense, the Secretary of Energy, the Chairman of the Joint Chiefs of
Staff, and the Director of Central Intelligence, on the adherence of the
United States, the Soviet Union, and other nations to obligations
undertaken in arms control agreements and on any problems related to
compliance by the Soviet Union and other nations with the provisions of
bilateral and multilateral arms control agreements to which the United
States is a party;
(2) the section of the report dealing with United States adherence
shall include information on the policies and organization of each
relevant agency or department of the United States to ensure adherence,
a description of national security programs with a direct bearing on
adherence questions and of steps being taken to ensure adherence, and a
compilation of any substantive questions raised during the previous year
regarding United States adherence, together with an assessment of such
issues and the need for any corrective action;
(3) the section of the report dealing with Soviet adherence shall
include information on actions taken by the Soviet Union with regard to
the size, structure, and disposition of its military forces in order to
comply with arms control agreements;
(4) the section of the report dealing with adherence by other nations
shall include information on actions taken by each such nation with
regard to the size, structure, and disposition of its military forces in
order to comply with arms control agreements; and
(5) the section of the report dealing with problems of compliance by
the Soviet Union and other nations shall include, in the case of each
treaty or agreement about which compliance questions exist --
(A) a description of each significant issue raised and efforts made
and contemplated with the other party to seek a resolution of the
difficulty;
(B) an assessment of damage, if any, to United States security and
other interests; and
(C) recommendations as to any steps which should be considered to
redress any damage to United States national security and to reduce
compliance problems.
The report required by this section shall be provided in unclassified
form, with classified annexes, as appropriate.
(Pub. L. 87-297, title IV, 52, as added Pub. L. 99-93, title VII,
703, Aug. 16, 1985, 99 Stat. 444, and amended Pub. L. 100-213, 5, Dec.
24, 1987, 101 Stat. 1446.)
1987 -- Par. (1). Pub. L. 100-213, 5(1), inserted '', the Soviet
Union, and other nations'' after ''adherence by the United States'' and
''the Soviet Union and'' after ''compliance by''.
Pars. (3), (4). Pub. L. 100-213, 5(3), added pars. (3) and (4).
Former par. (3) redesignated (5).
Par. (5). Pub. L. 100-213, 5(2), (4), redesignated par. (3) as (5)
and inserted ''the Soviet Union and'' after ''compliance by''.
22 USC 2592a. Annual report on Soviet compliance with arms control
commitments
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Annual report
Not later than December 1 of each year, the President shall submit to
Congress a report containing the findings of the President with respect
to the compliance of the Soviet Union with its arms control commitments
and any additional information necessary to keep Congress currently
informed.
(b) Matters to be included
The President shall specifically include in each such report the
following:
(1) A summary of the current status of all arms control agreements in
effect between the United States and the Soviet Union.
(2) An assessment of all violations by the Soviet Union of such
agreements and the risks such violations pose to the national security
of the United States and its allies.
(3) A net assessment of the aggregate military significance of all
such violations.
(4) A statement of the compliance policy of the United States with
respect to violations by the Soviet Union of those agreements.
(5) What actions, if any, the President has taken or proposes to take
to bring the Soviet Union into compliance with its commitments under
those agreements.
(c) Contingent additional information
If the President in any second consecutive report submitted to
Congress under this section reports that the Soviet Union is not in full
compliance with all arms control agreements between the United States
and the Soviet Union, the President shall include in such report an
assessment of what actions are necessary to compensate for such
violations.
(d) Classification of reports
Each report under this section shall be submitted in both classified
and unclassified versions.
(Pub. L. 99-145, title X, 1002, Nov. 8, 1985, 99 Stat. 705; Pub. L.
100-456, div. A, title IX, 905(a), Sept. 29, 1988, 102 Stat. 2032.)
Section was enacted as part of the Department of Defense
Authorization Act, 1986, and not as part of the Arms Control and
Disarmament Act which comprises this chapter.
1988 -- Pub. L. 100-456 amended section generally. Prior to
amendment, section read as follows: ''Not later than December 1, 1985,
and not later than December 1 of each following year, the President
shall submit to the Congress a report (in both classified and
unclassified versions) containing, with respect to the compliance of the
Soviet Union with its arms control commitments, the findings of the
President and any additional information necessary to keep the Congress
currently informed.''
Section 905(b) of Pub. L. 100-456 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect
beginning with the report to be submitted under section 1002 of the
Department of Defense Authorization Act, 1986 (this section), in 1990.''
22 USC 2592b. Annual report on arms control strategy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) In general
The President shall submit to Congress each year, not later than
December 1, a report containing a comprehensive discussion and analysis
of the arms control strategy of the United States. The President shall
include in each such report the following:
(1) A description of the nature and sequence of the future arms
control efforts of the United States.
(2) A net assessment of the current effects of arms control
agreements on the status of, and trends in, the military balance between
the United States and the Soviet Union and between the North Atlantic
Treaty Organization (NATO) and the Warsaw Pact.
(3) A comprehensive data base on the military balance of forces of
the United States and the Soviet Union, and the balance of forces of
NATO and the Warsaw Pact countries, that are affected by arms control
agreements in existence as of the time of the report between the United
States and the Soviet Union and between NATO and the Warsaw Pact,
including an explanation of the methodology used to analyze the effects
on such forces.
(4) A net assessment of the effect that proposed arms control
agreements between the United States and the Soviet Union and between
NATO and the Warsaw Pact would likely have on United States force plans
and contingency plans, including an assessment of the effect that such
proposed agreements would have on the risks and costs to the United
States.
(5) An assessment of the effect that proposed treaty sub-ceilings,
asymmetries, and other factors or qualifications affecting a treaty or
arms control proposal would have on the military balance between the
United States and the Soviet Union and between NATO and the Warsaw Pact,
including an assessment of how such factors increase deterrence and
reduce the risk and cost of war.
(6) A statement of the strategy the United States and NATO will use
to verify and deter noncompliance with proposed arms control treaties
between the United States and the Soviet Union and between NATO and the
Warsaw Pact.
(7) A discussion of the extent to which and the manner in which the
United States intends to consult with its allies regarding proposed arms
control agreements between the United States and the Soviet Union and
between NATO and the Warsaw Pact.
(8) A discussion of how the United States proposes to tailor its
defense structure in order to ensure that the national security can be
preserved with or without arms control agreements.
(b) Explanation of methodology
In reporting on the current effect of arms control agreements on the
status of, and trends in, the military balance of power between the
United States and the Soviet Union and between NATO and the Warsaw Pact
(required under paragraphs (2) and (3) of subsection (a) of this
section), the President shall --
(1) specify the methodology used in analyzing the military balance
between the United States and the Soviet Union and express the results
of such analyses in terms of (A) static comparisons, and (B) comparisons
that include dynamic factors; and
(2) discuss all major scenarios, assumptions, and contingencies,
including political confrontation, full-scale war, and serious
confrontations not involving full-scale war.
(c) Form of report
The President shall submit such report in both classified and
unclassified form.
(Pub. L. 100-456, div. A, title IX, 906, Sept. 29, 1988, 102 Stat.
2033.)
Section was enacted as part of the National Defense Authorization
Act, Fiscal Year 1989, and not as part of the Arms Control and
Disarmament Act which comprises this chapter.
22 USC 2593. ACDA Inspector General
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment and duties
There shall be an Office of the Inspector General at the Agency
headed by the Inspector General of the Agency who shall have the duties,
responsibilities, and authorities specified in the Inspector General Act
of 1978.
(b) Duality of appointment
An individual appointed to the position of Inspector General of the
Department of State shall, by virtue of such appointment, also hold the
position of Inspector General of the Agency.
(c) Utilization of staff
The Inspector General of the Agency shall utilize personnel of the
Office of the Inspector General of the Department of State in performing
the duties of the Inspector General of the Agency, and shall not appoint
any individuals to positions within the Agency.
(d) References
For purposes of this section, references in the Inspector General Act
of 1978 to the establishment involved, to the head of the establishment,
and to an Inspector General shall be deemed to be references to the
Agency, the Director of the Agency, and Inspector General of the Agency,
respectively, except to the extent inconsistent with this section.
(Pub. L. 87-297, title IV, 53, as added Pub. L. 100-213, 6(a), Dec.
24, 1987, 101 Stat. 1446.)
The Inspector General Act of 1978, referred to in subsecs. (a) and
(d), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended,
which is set out in the Appendix to Title 5, Government Organization and
Employees.
22 USC SUBCHAPTER V -- ON-SITE INSPECTION ACTIVITIES
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2595. Findings
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Congress finds that --
(1) under this chapter, the United States Arms Control and
Disarmament Agency is charged with the ''formulation and implementation
of United States arms control and disarmament policy in a manner which
will promote the national security'';
(2) as defined in this chapter, the terms ''arms control'' and
''disarmament'' mean ''the identification, verification, inspection,
limitation, control, reduction, or elimination, of armed forces and
armaments of all kinds under international agreement to establish an
effective system of international control'';
(3) the On-Site Inspection Agency was established in 1988 pursuant to
the INF Treaty to implement, on behalf of the United States, the
inspection provisions of the INF Treaty;
(4) on-site inspection activities under the INF Treaty include --
(A) inspections in the Soviet Union, Czechoslovakia, and the German
Democratic Republic,
(B) escort duties for Soviet teams visiting the United States and the
Basing Countries,
(C) establishment and operation of the Portal Monitoring Facility in
the Soviet Union, and
(D) support for the Soviet inspectors at the Portal Monitoring
Facility in Utah;
(5) the On-Site Inspection Agency has additional responsibilities to
those specified in paragraph (4), including the monitoring of nuclear
tests pursuant to the Threshold Test Ban Treaty and the Peaceful Nuclear
Explosions Treaty and the monitoring of the inspection provisions of
such additional arms control agreements as the President may direct;
(6) the personnel of the On-Site Inspection Agency include civilian
technical experts, civilian support personnel, and members of the Armed
Forces; and
(7) the senior officials of the On-Site Inspection Agency include
representatives from the United States Arms Control and Disarmament
Agency and the Department of State.
(Pub. L. 87-297, title V, 61, as added Pub. L. 101-216, title II,
201, Dec. 11, 1989, 103 Stat. 1855, and amended Pub. L. 102-228, title
IV, 402(a)(1), Dec. 12, 1991, 105 Stat. 1699.)
1991 -- Pars. (5) to (7). Pub. L. 102-228 added par. (5) and
redesignated former pars. (5) and (6) as (6) and (7), respectively.
Pub. L. 101-189, div. A, title X, 1014, Nov. 29, 1989, 103 Stat.
1547, provided that:
''(a) Findings Concerning On-Site Inspection Personnel. -- Congress
makes the following findings:
''(1) The United States is currently engaged in multilateral and
bilateral negotiations seeking to achieve treaties or agreements to
reduce or eliminate various types of military weapons and to make
certain reductions in military personnel levels. These negotiations
include negotiations for (A) reductions in strategic forces,
conventional armaments, and military personnel levels, (B) regimes for
monitoring nuclear testing, and (C) the complete elimination of chemical
weapons.
''(2) Requirements for monitoring these possible treaties or
agreements will be extensive and will place severe stress on the
monitoring capabilities of United States national technical means.
''(3) In the case of the INF Treaty, the United States and the Soviet
Union negotiated, and are currently using, on-site inspection procedures
to complement and support monitoring by national technical means.
Similar on-site inspection procedures are being negotiated for inclusion
in possible future treaties and agreements referred to in paragraph (1).
''(4) During initial implementation of the provisions of the INF
Treaty, the United States was not fully prepared for the personnel
requirements for the conduct of on-site inspections. The Director of
Central Intelligence has stated that on-site inspection requirements for
any strategic arms reduction treaty or agreement will be far more
extensive than those for the INF Treaty. The number of locations within
the Soviet Union that would possibly be subject to on-site inspections
under a START agreement have been estimated to be approximately 2,500
(compared to 120 for the INF Treaty).
''(5) On-site inspection procedures are likely to be an integral part
of any future arms control treaty or agreement.
''(6) Personnel requirements will be extensive for such on-site
inspection procedures, both in terms of numbers of personnel and
technical and linguistic skills. Since verification requirements for
the INF Treaty are already placing severe stress on current personnel
resources, the requirements for verification under START and other
possible future treaties and agreements may quickly exceed the current
number of verification personnel having necessary technical and language
skills.
''(7) There is a clear need for a database of the names of
individuals who are members of the Armed Forces or civilian employees of
the United States Government, or of other citizens and nationals of the
United States, who are qualified (by reason of technical or language
skills) to participate in on-site inspections under an arms control
treaty or agreement.
''(8) The organization best suited to establish such a database is
the On-Site Inspection Agency (OSIA) of the Department of Defense, which
was created by the President to implement (for the United States) the
on-site inspection provisions of the INF Treaty.
''(b) Status of the OSIA. -- (1) Congress finds that --
''(A) the Director of the OSIA (currently a brigadier general of the
Army) is appointed by the Secretary of Defense with the concurrence of
the Secretary of State and the approval of the President;
''(B) the Secretary of Defense provides to the Director appropriate
policy guidance formulated by the interagency arms control mechanism
established by the President;
''(C) most of the personnel of the OSIA are members of the Armed
Forces (who are trained and paid by the military departments within the
Department of Defense) and include linguists, weapons specialists, and
foreign area specialists;
''(D) the Department of Defense provides the OSIA with substantially
all of its administrative and logistic support (including military air
transportation for inspections in the Soviet Union and Eastern Europe);
and
''(E) the facilities in Europe and the United States at which OSIA
personnel escort personnel of the Soviet Union conducting inspections
under the on-site inspection terms of the INF Treaty are under the
jurisdiction of the Department of Defense (or under the jurisdiction of
entities that are contractors with the Department of Defense).
''(2) In light of the findings in paragraph (1) and the report
submitted pursuant to section 909 of Public Law 100-456 (div. A, title
IX, Sept. 29, 1988, 102 Stat. 2036) entitled 'Report to the Congress on
U.S. Monitoring and Verification Activities Related to the INF Treaty'
(submitted on July 27, 1989), Congress hereby determines that by
locating the On-Site Inspection Agency within the Department of Defense
for the purposes of administrative and logistic support and operational
guidance, and integrating on-site inspection responsibilities under the
INF Treaty with existing organizational activities of that Department,
the President has been able to ensure that sensitive national security
assets are protected and that obligations of the United States under
that treaty are fulfilled in an efficient and cost-effective manner.
''(c) Establishment of Personnel Database. -- (1) In light of the
findings in subsection (a), the Director of the On-Site Inspection
Agency shall establish a database consisting of the names of individuals
who could be assigned or detailed (in the case of Government personnel)
or employed (in the case of non-Government personnel) to participate in
the conduct of on-site inspections under any future arms control treaty
or agreement that includes provisions for such inspections.
''(2) The database should be composed of the names of individuals
with skills (including linguistic and technical skills) necessary for
the conduct of on-site inspections.
''(d) INF Treaty Defined. -- For purposes of this section, the term
'INF Treaty' means the Treaty Between the United States and the Union of
Soviet Socialist Republics on the Elimination of Their
Intermediate-Range and Shorter-Range Missiles, signed in Washington, DC,
on December 8, 1987.''
22 USC 2595a. Policy coordination concerning implementation of on-site
inspection provisions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Interagency coordination
OSIA should receive policy guidance which is formulated through an
interagency mechanism established by the President.
(b) Role of Secretary of Defense
The Secretary of Defense should provide to OSIA appropriate policy
guidance formulated through the interagency mechanism described in
subsection (a) of this section and operational direction, consistent
with section 113(b) of title 10.
(c) Role of Director
The Director should provide to the interagency mechanism described in
subsection (a) of this section appropriate recommendations for policy
guidance to OSIA consistent with sections 2551(d), 2562, and 2574(c) of
this title.
(Pub. L. 87-297, title V, 62, as added Pub. L. 101-216, title II,
201, Dec. 11, 1989, 103 Stat. 1855.)
22 USC 2595b. Authorizations of appropriations for On-Site Inspection
Agency
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There are authorized to be appropriated $49,830,000 for fiscal year
1990 and $48,831,000 for fiscal year 1991 for the expenses of the
On-Site Inspection Agency in carrying out on-site inspection activities
pursuant to the INF Treaty.
(Pub. L. 87-297, title V, 63, as added Pub. L. 101-216, title II,
201, Dec. 11, 1989, 103 Stat. 1856.)
22 USC 2595b-1. Improving congressional oversight of on-site inspection
activities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Report from President
Concurrent with the submission to the Congress of the request for
authorization of appropriations for OSIA for fiscal year 1993, the
President shall submit a report on OSIA to the Committee on Foreign
Affairs of the House of Representatives, the Committee on Foreign
Relations of the Senate, and the Committees on Armed Services of the
House of Representatives and Senate. The report shall include a review
of --
(1) the history of OSIA, including how, when, and under what auspices
it was established, including the applicable texts of the relevant
executive orders;
(2) the missions and tasks assigned to OSIA to date;
(3) any additional missions and tasks likely to be assigned to OSIA
during fiscal year 1993;
(4) the budgetary history of OSIA; and
(5) the extent to which OSIA plays a role in arms control policy
formulation and operational implementation.
(b) Review of certain reprogramming notifications
Any notification submitted to the Congress with respect to a proposed
transfer, reprogramming, or reallocation of funds from or within the
budget of OSIA shall also be submitted to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate, and shall be subject to review by those
committees.
(Pub. L. 87-297, title V, 64, as added Pub. L. 102-228, title IV,
402(b)(2), Dec. 12, 1991, 105 Stat. 1699.)
A prior section 64 of Pub. L. 87-297 was renumbered section 65 by
section 402(b)(1) of Pub. L. 102-228 and is classified to section 2595c
of this title.
22 USC 2595c. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
As used in this subchapter --
(1) the term ''INF Treaty'' means the Treaty Between the United
States and the Union of Soviet Socialist Republics on the Elimination of
Their Intermediate-Range and Shorter-Range Missiles (signed at
Washington, December 8, 1987);
(2) the term ''OSIA'' means the On-Site Inspection Agency established
by the President, or such other agency as may be designated by the
President to carry out the on-site inspection provisions of the INF
Treaty;
(3) the term ''Peaceful Nuclear Explosions Treaty'' means the Treaty
Between the United States of America and the Union of Soviet Socialist
Republics on Underground Nuclear Explosions for Peaceful Purposes
(signed at Washington and Moscow, May 28, 1976); and
(4) the term ''Threshold Test Ban Treaty'' means the Treaty Between
the United States of America and the Union of Soviet Socialist Republics
on the Limitation of Underground Nuclear Weapons Tests (signed at
Moscow, July 3, 1974).
(Pub. L. 87-297, title V, 65, formerly 64, as added Pub. L. 101-216,
title II, 201, Dec. 11, 1989, 103 Stat. 1856; renumbered 65 and amended
Pub. L. 102-228, title IV, 402(a)(2), (b)(1), Dec. 12, 1991, 105 Stat.
1699.)
1991 -- Pars. (3), (4). Pub. L. 102-228, 402(a)(2), added pars.
(3) and (4).
22 USC CHAPTER 36 -- MIGRATION AND REFUGEE ASSISTANCE
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
2601. Refugees and migration.
(a) United States membership in Intergovernmental Committee for
European Migration; contributions to Committee.
(b) Appropriations for assistance to refugees.
(c) United States Emergency Refugee and Migration Assistance Fund;
appropriations.
(d) Information to Congressional committees.
(e) Continued availability of certain funds.
(f) Restrictions on foreign assistance not applicable to migration
and refugee assistance.
2602. Presidential authorization.
(a) Authority of President to make loans, advances, grants,
contracts, etc.; authority to use money, funds, property, services, etc.
(b) Performance of functions without regard to specified provisions
of law.
2603. Delegation of powers.
2604. Allocation, transfer and availability of funds; separate
appropriation accounts on Treasury books.
2605. Availability of funds for administrative and operating
purposes and various expenses; continued effectiveness of actions
undertaken under repealed provisions of law.
2606. Audits of U.S. funds received by the United Nations High
Commissioner for Refugees.
(a) Program audits.
(b) Inspection and report by Comptroller General.
(c) First program audit.
22 USC 2601. Refugees and migration
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) United States membership in Intergovernmental Committee for
European Migration; contributions to Committee
The President is authorized to continue membership for the United
States in the Intergovernmental Committee for European Migration in
accordance with its constitution approved in Venice, Italy, on October
19, 1953. For the purpose of assisting in the movement of refugees and
migrants and to enhance the economic progress of the developing
countries by providing for a coordinated supply of selected manpower,
there are authorized to be appropriated such amounts as may be necessary
from time to time for the payment by the United States of its
contributions to the Committee and all necessary salaries and expenses
incident to United States participation in the Committee.
(b) Appropriations for assistance to refugees
There are authorized to be appropriated such amounts as may be
necessary from time to time --
(1) for contributions to the activities of the United Nations High
Commissioner for Refugees for assistance to refugees under his mandate
or persons on behalf of whom he is exercising his good offices, and for
contributions to the Intergovernmental Committee for European Migration,
the International Committee of the Red Cross, and to other relevant
international organizations; and
(2) for assistance to or on behalf of refugees who are outside the
United States designated by the President (by class, group, or
designation of their respective countries of origin or areas of
residence) when the President determines that such assistance will
contribute to the foreign policy interests of the United States.
(c) United States Emergency Refugee and Migration Assistance Fund;
appropriations
(1) Whenever the President determines it to be important to the
national interest he is authorized to furnish on such terms and
conditions as he may determine assistance under this chapter for the
purpose of meeting unexpected urgent refugee and migration needs.
(2) There is established a United States Emergency Refugee and
Migration Assistance Fund to carry out the purposes of this section.
There is authorized to be appropriated to the President from time to
time such amounts as may be necessary for the fund to carry out the
purposes of this section, except that no amount of funds may be
appropriated which, when added to amounts previously appropriated but
not yet obligated, would cause such amounts to exceed $50,000,000.
Amounts appropriated hereunder shall remain available until expended.
(3) Whenever the President requests appropriations pursuant to this
authorization he shall justify such requests to the Committee on Foreign
Relations of the Senate and to the Speaker of the House of
Representatives, as well as to the Committees on Appropriations.
(d) Information to Congressional committees
The President shall keep the appropriate committees of Congress
currently informed of the use of funds and the exercise of functions
authorized in this chapter.
(e) Continued availability of certain funds
Unexpended balances of funds made available under authority of the
Mutual Security Act of 1954, as amended, and of the Foreign Assistance
Act of 1961, as amended, (22 U.S.C. 2151 et seq.), and allocated or
transferred for the purposes of sections 405(a), 405(c), 405(d) and
451(c) /1/ of the Mutual Security Act of 1954, as amended (22 U.S.C.
1925(a), (c), (d), 1951(c)), are authorized to be continued available
for the purposes of this section and may be consolidated with
appropriations authorized by this section.
(f) Restrictions on foreign assistance not applicable to migration
and refugee assistance
The President may furnish assistance and make contributions under
this chapter notwithstanding any provision of law which restricts
assistance to foreign countries.
(Pub. L. 87-510, 2, June 28, 1962, 76 Stat. 121; Pub. L. 88-634,
title II, 201, Oct. 7, 1964, 78 Stat. 1021; Pub. L. 94-141, title V,
501(a), Nov. 29, 1975, 89 Stat. 771; Pub. L. 96-212, title III, 312(
b), Mar. 17, 1980, 94 Stat. 116; Pub. L. 99-93, title I, 111, Aug. 16,
1985, 99 Stat. 410.)
This chapter, referred to in subsecs. (c)(1), (d), and (f), was in
the original ''this Act'', meaning Pub. L. 87-510, June 28, 1962, 76
Stat. 121, as amended, known as the Migration and Refugee Assistance
Act of 1962, which enacted this chapter, amended section 1404 of Title
8, Aliens and Nationality, repealed sections 1925(a), (c), (d), and
1951(c) of this title, enacted a provision set out as a note under this
section, and amended a provision set out as a note under section 1182 of
Title 8. For complete classification of this Act to the Code, see Short
Title note set out below and Tables.
The Foreign Assistance Act of 1961, as amended, referred to in
subsec. (e), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, which is classified principally to chapter 32 ( 2151 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and Tables.
The Mutual Security Act of 1954, as amended, referred to in subsec.
(e), is act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts
July 8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627,
2-11, 70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355;
June 30, 1958, Pub. L. 85-477, ch. 1, 101-103, ch. II, 201-205, ch.
III, 301, ch. IV, 401, ch. V, 501, 72 Stat. 261; July 24, 1959, Pub.
L. 86-108, 2, ch. 1, 101, ch. II, 201-205(a)-(i), (k)-(n), ch. III,
301, ch. IV, 401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub. L.
86-472, ch. I to V, 74 Stat. 134, which was principally classified to
chapter 24 ( 1750 et seq.) of this title and which was repealed by act
July 18, 1956, ch. 627, 8(m), 70 Stat. 559, Pub. L. 85-141, 2(e), 3,
4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L. 86-108, ch. II,
205(j), ch. IV, 401(1), July 24, 1959, 73 Stat. 250, Pub. L. 86-472,
ch. II, 203(d), 204(k), May 14, 1960, 74 Stat. 138, Pub. L. 87-195,
pt. III, 642(a)(2), Sept. 4, 1961, 75 Stat. 460, Pub. L. 94-329, title
II, 212(b)(1), June 30, 1976, 90 Stat 745, except for sections 1754,
1783, 1796, 1853, 1922, 1928, and 1937 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1754 of this title and Tables.
Sections 405(a), 405(c), 405(d), and 451(c) of the Mutual Security
Act of 1954, as amended, referred to in subsec. (e), were sections of
act Aug. 26, 1954, ch. 937, 68 Stat. 832, and were repealed by
section 6 of Pub. L. 87-510.
1985 -- Subsec. (f). Pub. L. 99-93 added subsec. (f).
1980 -- Subsec. (b). Pub. L. 96-212, 312(b)(1), in par. (1)
inserted provisions respecting contributions to the Intergovernmental
Committee for European Migration, etc., in par. (2) inserted provisions
requiring refugees to be outside of the United States, and struck out
requirement that the assistance contribute to the defense or security of
the United States, and struck out pars. (3) to (6), which related to
assistance when determined by the President to be in the interest of the
United States, assistance to State and local agencies, assistance for
transportation and resettlement, and assistance for employment and
professional refresher training projects, respectively.
Subsec. (c)(2). Pub. L. 96-212, 312(b)(2), inserted provisions
increasing amount from $25,000,000 to $50,000,000.
1975 -- Subsec. (c). Pub. L. 94-141 designated existing provision as
par. (1), substituted provisions authorizing the President to furnish
assistance on such terms and conditions as he determines, for provisions
authorizing President to transfer not more than $10,000,000 in any
fiscal year of the funds made available under the Foreign Assistance Act
of 1961 for the purposes of this chapter, and added pars. (2) and (3).
1964 -- Subsec. (e). Pub. L. 88-634 struck out last sentence ''Funds
appropriated for the purposes of this section shall remain available
until expended.''
Amendment by Pub. L. 96-212 effective with respect to fiscal years
beginning on and after Oct. 1, 1979, see section 313 of Pub. L.
96-212, set out as an Effective Date note under section 1522 of Title 8,
Immigration and Nationality.
Section 1 of Pub. L. 87-510 provided: ''That this Act (enacting
this chapter, amending sections 1925 and 1951 of this title and section
1104 of Title 8, Aliens and Nationality, enacting provisions set out as
a note under this section, and amending provisions set out as a note
under section 1182 of Title 8) may be cited as the 'Migration and
Refugee Assistance Act of 1962'.''
Section 7 of Pub. L. 87-510 provided that: ''Until the enactment of
legislation appropriating funds for activities under this Act (see Short
Title note above), such activities may be conducted with funds made
available under section 451(a) of the Foreign Assistance Act of 1961, as
amended (section 2261(a) of this title).''
Pub. L. 100-204, title VII, 745, Dec. 22, 1987, 101 Stat. 1396,
provided that: ''The President is hereby authorized to continue
membership for the United States in the Intergovernmental Committee for
European Migration in accordance with its constitution approved in
Venice, Italy, on October 19, 1953, and, upon entry into force of the
amendments to such constitution approved in Geneva, Switzerland, on May
20, 1987, to continue membership in the organization under the name
International Organization for Migration in accordance with such
constitution and amendments. For the purpose of assisting in the
movement of refugees and migrants and to enhance the economic progress
of the developing countries by providing for a coordinated supply of
selected manpower, there are hereby authorized to be appropriated such
amounts as may be necessary from time to time for the payment by the
United States of its contributions to the Committee and all necessary
salaries and expenses incidental to United States participation in the
Committee.''
Pub. L. 94-23, May 23, 1975, 89 Stat. 87, as amended by Pub. L.
94-313, June 21, 1976, 90 Stat. 691; Pub. L. 95-145, title II, 201,
202, Oct. 28, 1977, 91 Stat. 1224, 1225; Pub. L. 95-549, title II,
201, Oct. 30, 1978, 92 Stat. 2066; Pub. L. 96-110, 3(a), Nov. 13,
1979, 93 Stat. 844, which set forth provisions respecting
appropriations, etc., for migration and refugee assistance for aliens
who fled from Cambodia, Laos, and Vietnam, was repealed by Pub. L.
96-212, title III, 312(c), Mar. 17, 1980, 94 Stat. 117.
Ex. Ord. No. 12244, Oct. 3, 1980, 45 F.R. 66443, which provided
exemptions from certain statutory requirements for temporary housing for
Haitian and Cuban refugees at Fort Allen in Puerto Rico for the period
beginning Oct. 2, 1980, and ending Oct. 1, 1981, was revoked by Ex.
Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Ex. Ord. No. 12327, Oct. 1, 1981, 46 F.R. 48893, which provided for
temporary housing of Haitian refugees at Fort Allen in Puerto Rico and
exempted Fort Allen from certain statutory requirements, was revoked by
Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
/1/ See References in Text note below.
22 USC 2602. Presidential authorization
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authority of President to make loans, advances, grants,
contracts, etc.; authority to use money, funds, property, services, etc.
In carrying out the purpose of this chapter, the President is
authorized --
(1) to make loans, advances, and grants to, make and perform
agreements and contracts with, or enter into other transactions with,
any individual, corporation, or other body of persons, government or
government agency, whether within or without the United States, and
international and intergovernmental organizations;
(2) to accept and use money, funds, property, and services of any
kind made available by gift, devise, bequest, grant, or otherwise for
such purposes.
(b) Performance of functions without regard to specified provisions
of law
Whenever the President determines it to be in furtherance of the
purposes of this chapter, the functions authorized under this chapter
may be performed without regard to such provisions of law (other than
the Renegotiation Act of 1951), as amended (50 App. U.S.C. 1211 et
seq.), regulating the making, performance, amendment, or modification of
contracts and the expenditure of funds of the United States Government
as the President may specify.
(Pub. L. 87-510, 3, June 28, 1962, 76 Stat. 123.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-510, June 28, 1962, 76 Stat. 121, as amended, known
as the Migration and Refugee Assistance Act of 1962, which enacted this
chapter, amended section 1104 of Title 8, Aliens and Nationality,
repealed sections 1925(a), (c), (d), and 1951(c) of this title, enacted
a provision set out as a note under section 2601 of this title, and
amended a provision set out as a note under section 1182 of Title 8.
For complete classification of this Act to the Code, see Short Title
note set out under section 2601 of this title and Tables.
The Renegotiation Act of 1951, as amended, referred to in subsec.
(b), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which was
classified principally to section 1211 et seq. of Title 50, Appendix,
War and National Defense, prior to its omission from the Code. See
Codification note preceding section 1211 of Title 50, Appendix.
22 USC 2603. Delegation of powers
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President is authorized to designate the head of any department
or agency of the United States Government, or any official thereof who
is required to be appointed by the President by and with the advice and
consent of the Senate, to perform any functions conferred upon the
President by this chapter. If the President shall so specify, any
individual so designated under this section is authorized to redelegate
to any of his subordinates any functions authorized to be performed by
him under this section, except the function of exercising the waiver
authority specified in section 2602(b) of this title.
(Pub. L. 87-510, 4(a)(1), June 28, 1962, 76 Stat. 123.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-510, June 28, 1962, 76 Stat. 121, as amended, known
as the Migration and Refugee Assistance Act of 1962, which enacted this
chapter, amended section 1104 of Title 8, Aliens and Nationality,
repealed sections 1925(a), (c), (d), and 1951(c) of this title, enacted
a provision set out as a note under section 2601 of this title, and
amended a provision set out as a note under section 1182 of Title 8.
For complete classification of this Act to the Code, see Short Title
note set out under section 2601 of this title and Tables.
Ex. Ord. No. 11077. Jan. 22, 1963, 28 F.R. 629, as amended by Ex.
Ord. No. 11922, June 16, 1976, 41 F.R. 24573; Ex. Ord. No. 12608, Sept.
9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by the Migration and Refugee
Assistance Act of 1962 (76 Stat. 121-124; hereinafter referred to as
the Act) (this chapter), and as President of the United States, it is
ordered as follows:
Section 1. Department of State. (a) The Secretary of State is
hereby designated to perform the following:
(1) The functions provided for in Sections 2(a) and 2(b)(1) of the
Act (section 2601(a), (b)(1) of this title).
(2) The functions provided for in Section 2(b)(2) of the Act (section
2601(b)(2) of this title), exclusive of so much thereof as is assigned
or reserved by the provisions of Section 2(1) of this order.
(3) In connection with functions under the Act assigned to the
Secretary of State, the functions provided for in Sections 3(a), 4(b),
and 5(a) of the Act (sections 2602(a), 2604, and 2605(a) of this title).
(b) The Secretary of State shall from time to time furnish the
President documents appropriate for the discharge by the President of
his responsibilities under Section 2(d) of the Act (section 2601(d) of
this title).
(c) With due regard for other relevant considerations (including the
interests of any other executive agencies which may be concerned), the
Secretary of State shall assume the leadership and provide the guidance
for assuring that programs authorized under the Act best serve the
foreign policy objectives of the United States.
(d) Funds appropriated or otherwise made available to the President
for the United States Emergency Refugee and Migration Assistance Fund
established by Section 2(c) of the act (22 U.S.C. 2601) shall be deemed
to be allocated without further action of the President to the Secretary
of State, and the Secretary may allocate or transfer, as appropriate,
such funds to any agency, or part thereof, for obligation or expenditure
consistent with the provisions of this order, the act, and other
applicable law: Provided, That such funds may not be transferred,
obligated, or expended until the President shall have made the
determinations provided for in Section 2(c)(1) of the act (section
2601(c)(1) of this title), which determinations are reserved to the
President, and the designations and determinations provided for in
Section 2(b)(2) of the act (section 2601(b)(2) of this title).
Sec. 2. Redelegation. (a) The Secretary of State may redelegate any
of his functions under this order to any of his subordinates.
(b) The Secretary of State may assign to the head of any executive
department or to the head of any other agency of the executive branch of
the Government, with the consent of the head of the department or agency
concerned, the performance of any function of the Secretary under this
order whenever he deems that such action would be advantageous to the
Government.
Sec. 3. Waivers. (a) In accordance with Section 3(b) of the Act
(section 2602(b) of this title), it is hereby determined that it is in
furtherance of the purposes of the Act that the functions authorized
under the Act may be performed (by any department or agency of the
Government authorized to perform those functions) without regard to the
following-specified provisions of law:
(1) The Act of March 26, 1934, c. 90, 47 Stat. 500, as amended (15
U.S.C. 616a) (shipment of certain exports in United States vessels.)
(2) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)
(advance of funds).
(3) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)
(competitive bids).
(4) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening of
bids).
(5) Section 2 of the Act of March 3, 1933, c. 212, 47 Stat. 1520
(41 U.S.C. 10a) (Buy American Act).
(6) Section 3735 of the Revised Statutes (41 U.S.C. 13) (contracts
limited to one year).
(7) Sections 302-305 of the Federal Property and Administrative
Services Act of 1949 (June 30, 1949, c. 288, 63 Stat. 393 et seq.), as
amended (41 U.S.C. 252-255) (competitive bids; negotiated contracts;
advances).
(8) Section 901(a) of the Merchant Marine Act, 1936 (June 29, 1936,
c. 858, 49 Stat. 2015, as amended; 46 U.S.C. 1241(a) (official travel
overseas of United States officers and employees, and transportation of
their personal effects, on ships registered under the laws of the United
States.
(b) It is directed (1) that all waivers of statutes and limitations
of authority effected by the foregoing provisions of this section shall
be utilized in a prudent manner and as sparingly as may be practical,
and (2) that suitable steps shall be taken by the administrative
agencies concerned to insure that result, including, as may be
appropriate, the imposition of administrative limitations in lieu of
waived statutory requirements and limitations of authority.
Sec. 4. Definition. As used in this order, the word ''function'' or
''functions'' includes any executive duty, obligation, power, authority,
responsibility, right, privilege, discretion, or activity.
Sec. 5. Saving provisions. Except to the extent that they may be
inconsistent with law or with this order, all determinations,
authorizations, regulations, orders, contracts, agreements and other
actions issued, undertaken, or entered into with respect to any function
affected by this order and not revoked, superseded, or otherwise made
inapplicable before the date of this order, shall continue in full force
and effect until amended, modified, or terminated by appropriate
authority.
Sec. 6. Effective date. The provisions of this order shall be
effective as of July 1, 1962.
22 USC 2604. Allocation, transfer and availability of funds; separate
appropriation accounts on Treasury books
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President may allocate or transfer to any agency of the United
States Government any part of any funds available for carrying out the
purposes of this chapter. Such funds shall be available for obligation
and expenditure for the purposes for which authorized in accordance with
authority granted in this chapter or under authority governing the
activities of the agencies of the United States Government to which such
funds are allocated or transferred. Funds allocated or transferred
pursuant to this section to any such agency may be established in
separate appropriation accounts on the books of the Treasury.
(Pub. L. 87-510, 4(b), June 28, 1962, 76 Stat. 123.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-510, June 28, 1962, 76 Stat. 121, as amended, known
as the Migration and Refugee Assistance Act of 1962, which enacted this
chapter, amended section 1104 of Title 8, Aliens and Nationality,
repealed sections 1925(a), (c), (d), and 1951(c) of this title, enacted
a provision set out as a note under section 2601 of this title, and
amended a provision set out as a note under section 1182 of title 8.
For complete classification of this Act to the Code, see Short Title
note set out under section 2601 of this title and Tables.
22 USC 2605. Availability of funds for administrative and operating
purposes and various expenses; continued effectiveness of actions
undertaken under repealed provisions of law
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Funds made available for the purposes of this chapter shall be
available for --
(1) compensation, allowances, and travel of personnel, including
members of the Foreign Service whose services are utilized primarily for
the purpose of this chapter, and without regard to the provisions of any
other law, for printing and binding, and for expenditures outside the
United States for the procurement of supplies and services and for other
administrative and operating purposes (other than compensation of
personnel) without regard to such laws and regulations governing the
obligation and expenditure of Government funds as may be necessary to
accomplish the purposes of this chapter;
(2) employment or assignment of members of the Foreign Service
serving under limited appointments for the duration of operations under
this chapter;
(3) exchange of funds without regard to section 3651 /1/ of the
Revised Statutes (31 U.S.C. 543), and loss by exchanges;
(4) expenses authorized by the Foreign Service Act of 1980 (22 U.S.
C. 3901 et seq.), not otherwise provided for;
(5) expenses authorized by the Act of August 1, 1956 (70 Stat.
890-892), as amended;
(6) contracting for personal services abroad, and individuals
employed by contract to perform such services shall not be considered to
be employees of the United States for purposes of any law administered
by the Office of Personnel Management, except that the Secretary of
State may determine the applicability to such individuals of section
2(f) of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2669(f)) and of any other law administered by the Secretary concerning
the employment of such individuals abroad; and
(7) all other expenses determined by the President to be necessary to
carry out the purposes of this chapter.
(b) Except as may be expressly provided to the contrary in this
chapter, all determinations, authorizations, regulations, orders,
contracts, agreements and other actions issued, undertaken, or entered
into under authority of any provision of law repealed by this chapter
shall continue in full force and effect until modified, revoked, or
superseded under the authority of this chapter.
(Pub. L. 87-510, 5, June 28, 1962, 76 Stat. 123; Pub. L. 96-465,
title II, 2206(a)(10), Oct. 17, 1980, 94 Stat. 2162; Pub. L. 99-93,
title I, 112(a), Aug. 16, 1985, 99 Stat. 410.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-510, June 28, 1962, 76 Stat. 121, as amended, known
as the Migration and Refugee Assistance Act of 1962, which enacted this
chapter, amended section 1104 of Title 8, Aliens and Nationality,
repealed sections 1925(a), (c), (d), and 1951(c) of this title, enacted
a provision set out as a note under section 2601 of this title, and
amended a provision set out as a note under section 1182 of title 8.
For complete classification of this Act to the Code, see Short Title
note set out under section 2601 of this title and Tables.
Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to in
subsec. (a)(3), was repealed by Pub. L. 97-258, 4(b), Sept. 13, 1982,
96 Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
The Foreign Service Act of 1980, referred to in subsec. (a)(4), is
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified
principally to chapter 52 ( 3901 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 3901 of this title and Tables.
Act of August 1, 1956, as amended, referred to in subsec. (a)(5), is
act Aug. 1, 1956, ch. 841, 70 Stat. 890, as amended, known as the
State Department Basic Authorities Act of 1956, which enacted sections
2662, 2669 to 2672, 2673 to 2680a, 2684, 2687 to 2692, 2695 to 2712, and
4301 to 4314 of this title. For complete classification of this Act to
the Code, see Short Title of 1956 Amendment note set out under section
2651 of this title and Tables.
1985 -- Subsec. (a)(6), (7). Pub. L. 99-93, 112(a), added par. (6)
and redesignated former par. (6) as (7).
1980 -- Subsec. (a)(1). Pub. L. 96-465, 2206(a)(10)(A), substituted
''members of the Foreign Service'' for ''Foreign Service personnel''.
Subsec. (a)(2). Pub. L. 96-465, 2206(a)(10)(B), substituted ''members
of the Foreign Service serving under limited appointments'' for
''Foreign Service Reserve officers''.
Subsec. (a)(4). Pub. L. 96-465, 2206(a)(10)(C), substituted reference
to the Foreign Service Act of 1980 for reference to the Foreign Service
Act of 1946.
Section 112(b) of Pub. L. 99-93 provided that: ''Authority provided
by the amendment made by subsection (a) (amending this section) shall
only apply with respect to funds appropriated after the date of the
enactment of this Act (Aug. 16, 1985).''
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
/1/ See References in Text note below.
22 USC 2606. Audits of U.S. funds received by the United Nations High
Commissioner for Refugees
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Program audits
Funds may not be available to the United Nations High Commissioner
for Refugees (UNHCR) under this chapter or any other Act unless
provision is made for --
(1) annual program audits to determine the use of UNHCR funds,
including the use of such funds by implementing partners; and
(2) such audits are made available through the Department of State
for inspection by the Comptroller General of the United States.
(b) Inspection and report by Comptroller General
The Comptroller General of the United States shall inspect each such
audit and submit a report of that inspection to the Congress.
(c) First program audit
The first program audit pursuant to subsection (a)(1) of this section
shall begin not later than June 1, 1986.
(Pub. L. 87-510, 8, as added Pub. L. 99-93, title I, 113, Aug. 16,
1985, 99 Stat. 411, and amended Pub. L. 101-246, title VII, 701, Feb.
16, 1990, 104 Stat. 74.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 87-510, June 28, 1962, 76 Stat. 121, as
amended, known as the Migration and Refugee Assistance Act of 1962,
which enacted this chapter, amended section 1104 of Title 8, Aliens and
Nationality, repealed sections 1925(a), (c), (d), and 1951(c) of this
title, enacted a provision set out as a note under section 2601 of this
title, and amended a provision set out as a note under section 1182 of
Title 8. For complete classification of this Act to the Code, see Short
Title note set out under section 2601 of this title and Tables.
1990 -- Subsec. (a). Pub. L. 101-246 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''Funds may not be
made available to the United Nations High Commissioner for Refugees
under this chapter or any other Act unless by June 1, 1986, the High
Commissioner provides for --
''(1) annual program audits by an independent consultant, as selected
by the Executive Committee of the United Nations High Commissioner for
Refugees, to determine the use of such funds, including audits of the
use of such funds by private and voluntary organizations; and
''(2) such audits to be made available through the Executive
Committee to the Department of State and for inspection by the
Comptroller General of the United States.''
22 USC CHAPTER 37 -- FOREIGN GIFTS AND DECORATIONS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
2621. Definitions.
2622 to 2624. Repealed.
2625. Gifts or decorations on deposit with State Department.
2626. Repealed.
22 USC 2621. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In this chapter --
(1) The term ''person'' includes every person who occupies an office
or a position in the Government of the United States, its territories
and possessions, the Canal Zone government, and the government of the
District of Columbia, or is a member of the Armed Forces of the United
States, or a member of the family and household of any such person.
(2) The term ''foreign government'' includes every foreign government
and every official, agent, or representative thereof.
(3) The term ''gift'' includes any present or thing, other than a
decoration, tendered by or received from a foreign government.
(4) The term ''decoration'' includes any order, device, medal, badge,
insignia, or emblem tendered by or received from a foreign government.
(Pub. L. 89-673, 2, Oct. 15, 1966, 80 Stat. 952.)
Section was repealed by Pub. L. 90-83, 10(b), Sept. 11, 1967, 81
Stat. 224, except insofar as it applies to section 2625 of this title.
Section 1 of Pub. L. 89-673, which provided that Pub. L. 89-673,
enacting this chapter, amending section 804 of this title, and repealing
sections 114, 115, and 115a of former Title 5, Executive Departments and
Government Officers and Employees, could be cited as the ''Foreign Gifts
and Decorations Act of 1966'', was repealed by Pub. L. 90-83, 10(b),
Sept. 11, 1967, 81 Stat. 224. See section 7342 of Title 5, Government
Organization and Employees.
22 USC 2622 to 2624. Repealed. Pub. L. 90-83, 10(b), Sept. 11, 1967,
81 Stat. 224
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section 2622, Pub. L. 89-673, 3, Oct. 15, 1966, 80 Stat. 952,
prohibited request for or encouragement of a tender of a gift or
decoration. See section 7342(b) of Title 5, Government Organization and
Employees.
Section 2623, Pub. L. 89-673, 4, Oct. 15, 1966, 80 Stat. 952,
permitted acceptance of a gift of minimal value. See section 7342(c) of
Title 5.
Section 2624, Pub. L. 89-673, 5, Oct. 15, 1966, 80 Stat. 952,
permitted acceptance of decorations tendered in recognition of active
field service in time of combat operations. See section 7342(d) of
Title 5.
22 USC 2625. Gifts or decorations on deposit with State Department
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Any gift or decoration on deposit with the Department of State on
October 15, 1966, shall, when approved by the Secretary of State and the
appropriate department, agency, office, or other entity, be released to
the donee or his legal representative. Such donee may, if authorized,
be entitled to wear any decoration so approved. A gift or decoration
not approved for release, because of any special or unusual
circumstances involved, shall be deemed a gift to the United States and
shall be deposited by the donee in accordance with the rules and
regulations issued pursuant to this chapter.
(Pub. L. 89-673, 6, Oct. 15, 1966, 80 Stat. 952.)
22 USC 2626. Repealed. Pub. L. 90-83, 10(b), Sept. 11, 1967, 81 Stat.
224
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 89-673, 7, Oct. 15, 1966, 80 Stat. 952,
authorized President to prescribe rules and regulations to carry out
purposes of this chapter. See section 7342(e) of Title 5, Government
Organization and Employees.
22 USC CHAPTER 38 -- DEPARTMENT OF STATE
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
2651. Establishment of Department.
2652. Deputy Secretary of State; Under Secretary of State for
Political Affairs; Under Secretary of State for Economic and
Agricultural Affairs; Under Secretary of State for Management;
Assistant Secretaries of State.
2652a. Assistant Secretary of State for International Narcotics
Matters.
2652b. Assistant Secretary of State for South Asian Affairs.
(a) Establishment of position.
(b) Appointment.
(c) Responsibilities.
(d) Omitted.
(e) Implementation.
2653. Appointment and rank of officers.
2654. Legal adviser; establishment of office; appointment.
2655. Counselor of Department of State; appointment.
2655a. Bureau of Oceans and International Environmental and
Scientific Affairs within Department of State; Assistant Secretary of
State as head of Bureau.
2656. Management of foreign affairs.
2656a. Congressional declaration of findings of major significance
of modern scientific and technological advances in foreign policy.
2656b. Congressional declaration of policy regarding consequences of
science and technology on conduct of foreign policy.
2656c. Responsibilities of President.
(a) Identification, evaluation and initiation of scientific and
technological developments.
(b) Report to Congress; recommendations.
(c) Disclosure of sensitive information.
(d) Availability to United States Trade Representative of information
and recommendations.
2656d. Responsibilities of Secretary of State.
(a) Coordination and oversight over science and technology agreements
between United States and foreign countries, etc.
(b) Long-term contracts, grants, to obtain studies, etc., with
respect to application of science and technology to foreign policy.
(c) Long-term and short-term contracts, grants, to train officers and
employees in application of science and technology to problems of
foreign policy.
(d) Detached service for graduate studies.
2656e. Terrorism-related travel advisories.
2656f. Annual country reports on terrorism.
(a) Requirement of annual country reports on terrorism.
(b) Provisions to be included in report.
(c) Classification of report.
(d) Definitions.
(e) Reporting period.
2656g. Report on terrorist assets in United States.
(a) Reports to Congress.
(b) Definitions.
2656h. International credit reports.
(a) Report on loan criteria.
(b) Reports on loans.
2657. Custody of seals and property.
2658. Rules and regulations; promulgation by Secretary; delegation
of authority.
2659. State statutes to be procured.
2660. Copies of treaties furnished to Public Printer.
2661. Procurement of information for corporations, firms and
individuals; expense of cablegrams and telephone service involved;
appropriation.
2661a. Foreign contracts or arrangements; discrimination.
2662. Establishment, maintenance, and operation of passport and
despatch agencies.
2663. Omitted.
2664. Distribution of duties of officers, clerks, and employees.
2664a. Protection of Civil Service employees.
(a) Findings.
(b) Equitable reduction of budget.
(c) Establishment of Office of the Ombudsman for Civil Service
Employees.
(d) ''Civil Service employees'' defined.
2665. Personal services other than those provided for.
2665a. Foreign Service fellowships.
2666, 2667. Repealed.
2668. Requisitions for advances to pay lawful obligations.
(a) Authorization; accounting.
(b) Removal of outstanding charges.
(c) Financial liability of disbursing agent or official.
2668a. Disposition of trust funds received from foreign governments
for citizens of United States.
2669. Printing and binding outside continental United States;
settlement and payment of claims by foreign governments; employment of
aliens; official functions and courtesies; purchase of uniforms;
payment of tort claims; payment of assumed obligations in Germany;
telecommunications services; security.
2670. Insurance on motor vehicles in foreign countries; tie lines
and teletype equipment; ice and drinking water; excise taxes on
negotiable instruments; remains of deceased persons; relief,
protection, and burial of seamen; acknowledgment of services of foreign
vessels and aircraft; rentals and leases.
2671. Emergency expenditures.
(a) Delegation of authority pertaining to certification of
expenditures.
(b) Activities subject to expenditures.
(c) Annual confidential audit and report.
(d) Repatriation loan program.
2672. Participation in international activities; restriction;
expenses.
2672a. Alternate United States Commissioners for international
fisheries commissions.
2672b. Compensation of Alternate United States Commissioners;
travel expenses and other allowances.
2673. International Civil Aviation Organization; availability of
funds for participation.
2674. Availability of exchange allowances or proceeds derived from
exchange or sale of motor vehicles.
2675. Allocation or transfer to other agencies of funds appropriated
to Department of State; authority for expenditure of funds.
2676. Contracts in foreign countries.
2677. Availability of funds for travel expenses and transportation
of personal effects, household goods, or automobiles.
2678. Reduction in earmarks if appropriations are less than
authorizations.
2679. Maximum rates of per diem in lieu of subsistence payable to
foreign participants in exchange of persons program or in program of
furnishing technical information and assistance.
2679a. Procurement contracts.
(a) Funding for periods not in excess of five years; conditions.
(b) Cancellation of contracts.
2679b. Prohibition against fraudulent use of ''Made in America''
labels.
2680. Appropriations for State Department; information to
Congressional committees.
2680-1. Deadline for responses to questions from congressional
committees.
(a) In general.
(b) Specified committees.
2680a. Compensation for disability or death.
2681. International broadcasting facilities; transfer to Department
of State; acquisition of property.
2682. Liquidation and disposal of broadcasting facilities.
2683. Assumption of obligations of operation of broadcasting
facilities.
2684. Capital fund for Department of State to centralize
reproduction, editorial, data processing, audiovisual and other
services; maximum amount; operation of fund.
(a) Establishment of fund.
(b) Charges to fund; credit to appropriations.
2685. Reimbursement for detailed State Department personnel.
2686. Review of world-wide supply, demand, and price of basic raw
and processed materials.
2686a. Appointment of Special Coordinator for water policy
negotiations and water resources policy.
(a) Designation.
(b) Other responsibilities.
2687. Use of appropriated funds for unusual expenses of United
States Representative to Organization of American States.
2688. Ambassadors; criteria regarding selection and confirmation.
2689. American Sections, International Joint Commission, United
States and Canada; funds for representation expenses and official
entertainment within the United States.
2690. Foreign gifts; audit; reports to Congress.
2691. Repealed.
2692. Compensation for persons participating in State Department
proceedings; availability of funds.
2693. Repealed.
2694. Limitation on purchase of gifts for foreign individuals;
report to Speaker of the House and chairman of the Committee on Foreign
Relations of the Senate.
2695. Administrative services.
(a) Agreements.
(b) Payment.
2696. Nondiscretionary personnel costs, currency fluctuations, and
other contingencies.
(a) Additional appropriations.
(b) Appropriations authorization based on currency fluctuations.
(c) Availability of appropriations until expended.
(d) Accounts subject to percentage limitation.
(e) Availability of funds for twelve-month contracts to be performed
in two fiscal years.
2697. Acceptance of gifts on behalf of United States.
(a) Unconditional and conditional gifts.
(b) Disposition.
(c) Evidences of unconditional gift of intangible personal property.
(d) Use of real property or tangible personal property received
unconditionally.
(e) Taxation.
(f) Availability of statutory authorities to Directors of other
agencies.
2698. Procurement of legal services.
2699. Employment opportunities for family members.
2700. Use of vehicles.
2701. Educational facilities.
2702. Malpractice protection.
(a) Exclusiveness of designated remedies.
(b) Defense of civil actions by United States; delivery of process;
furnishing of copies of pleadings.
(c) Removal of actions; remand or dismissal; suspension of
limitations.
(d) Compromise or settlement of claims.
(e) Inapplicability of section 2680(h) of title 28.
(f) Holding harmless or providing for liability insurance.
(g) Medical care or related service within scope of employment.
2703. Services and facilities for employees at posts abroad.
(a) Non-Government-operated services; applicability of other
provisions of law.
(b) Emergency commissary and mess services.
(c) Availability; duplication of facilities and services.
(d) Charges.
(e) Child care facilities.
2704. Subsistence expenses.
2705. Documentation of citizenship.
2706. Reprograming of funds; notice requirements.
2707. International communications and information policy;
assignment of responsibility; Office of the Coordinator for
International Communications and Information Policy; establishment,
etc.
2708. Reward; information; international terrorism.
(a) Authorization of reward.
(b) Rewards for information relating to international narcoterrorism
and drug trafficking.
(c) Reward limitation; Presidential approval.
(d) Advice; consultation; Attorney General.
(e) Certification; payment.
(f) Officers or employees of government ineligible for reward.
(g) Authorization of appropriations.
(h) Report to Congress.
(i) Definitions.
2709. Special agents.
(a) General authority.
(b) Agreement with Attorney General and firearms regulations.
(c) Secret Service not affected.
(d) Transmission of regulations to Congress.
2710. Expenses relating to participation in arbitrations of certain
disputes.
(a) International agreements.
(b) Contracts abroad.
2711. Counterterrorism Protection Fund.
(a) Authority.
(b) Authorization of appropriations.
(c) Designation of Fund.
2712. Authority to control certain terrorism-related services.
(a) Authority.
(b) Services subject to control.
(c) Persons subject of controls.
(d) Licenses.
(e) Definitions.
(f) Violations.
(g) Congressional oversight.
(h) Relationship to other laws.
2713. Protection of historic and artistic furnishings of reception
areas of the Department of State Building.
(a) In general.
(b) Disposition of historic and artistic items.
(c) ''Reception areas'' defined.
2714. Denial of passports to certain convicted drug traffickers.
(a) Ineligibility for passport.
(b) Drug law offenses.
(c) Period of ineligibility.
(d) Emergency and humanitarian exceptions.
(e) Definitions.
2715. Procedures regarding major disasters and incidents abroad
affecting United States citizens.
2716. Debt collection.
(a) Contract authority.
(b) Disclosure of delinquent debt to credit reporting agencies.
2717. Defense trade controls registration fees.
(a) Defense trade controls registration fees.
(b) Budget Act compliance.
2718. Fees received for use of Blair House.
(a) Use of fees.
(b) Compliance with Budget Act.
2719. Grants for training and education in international affairs.
2720. Closing of consular and diplomatic posts abroad.
(a) Prohibited uses of funds.
(b) Post closing notification.
(c) Reprogramming treatment.
(d) Exceptions.
(e) ''Consular or diplomatic post'' defined.
2721. Impermissible basis for denial of passports.
2722. International meetings.
(a) Authority to pay expenses.
(b) Retention of reimbursements.
2723. Denial of visas.
(a) Report to Congress.
(b) Limitation.
(c) Appropriate committees.
22 USC 2651. Establishment of Department
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There shall be at the seat of government an executive department to
be known as the ''Department of State'', and a Secretary of State, who
shall be the head thereof.
(R.S. 199.)
R.S. 199 derived from acts July 27, 1789, ch. 4, 1, 1 Stat. 28;
Sept. 15, 1789, ch. 14, 1, 1 Stat. 68.
Section was formerly classified to section 151 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Pub. L. 100-204, title XIII, 1301, Dec. 22, 1987, 101 Stat. 1432,
provided that: ''Except as otherwise provided in this Act (see Short
Title of 1987 Amendment note below), this Act shall take effect on the
date of its enactment (Dec. 22, 1987).''
Pub. L. 102-138, 1, Oct. 28, 1991, 105 Stat. 647, provided that:
''This Act (enacting sections 269, 276c-4, 276l, 276m, 296a, 1475g,
1475h, 2075, 2652b, 2656g, 2656h, 2679b, 2680-1, 2686a, 2720, 2721,
2722, 2723, 2798, 4012a, 4351 to 4357, and 5601 to 5606 of this title
and section 2410c of the Appendix to Title 50, War and National Defense,
amending sections 277d-3, 290f, 294, 301, 1465ee, 1471, 1474, 1477c,
1928e, 2669, 2670, 2695, 2696, 2703, 2706, 2717, 2718, 2780, 2797b,
2797c, 2877, 2905, 3005, 3942, 3961, 3968, 4010, 4053, 4081, 4115, 4131,
4134, 4136, 4137, 4139, 4140, 4413, and 4852 of this title, sections 202
and 208 of Title 3, The President, sections 5315, 5523, 5551, 5922,
5923, and 5924 of Title 5, Government Organization and Employees,
section 2051 of Title 19, Customs Duties, and section 2405 of the
Appendix to Title 50, repealing section 4509 of this title and former
sections 269 and 2075 of this title, enacting provisions set out as
notes under sections 287e, 290f, 1475g, 2452, 2651, 2778, 4001, 4115,
4351, 4354, 4356, and 5601 of this title, sections 202 and 208 of Title
3, sections 5315, 5551, and 5561 of Title 5, and section 1182 of Title
8, Aliens and Nationality, amending provisions set out as notes under
sections 287e, 2680, and 4021 of this title and section 5561 of Title 5,
and repealing provisions set out as notes under sections 287e, 1461,
2651, 2656, and 4010 of this title) may be cited as the 'Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993'.''
Pub. L. 101-246, 1(a), Feb. 16, 1990, 104 Stat. 15, provided that:
''This Act (enacting sections 1464a, 1464b, 1465aa to 1465ff, 1475f,
2414a, 2461, 2665a, 2678, 2715 to 2719, 2877a, 4027, 4141, 4141a to
4141c, 4863, and 4864 of this title, amending sections 277a, 277b,
277d-12, 290f, 300, 1461, 1465c, 1469, 1474, 1475e, 2456, 2460, 2606,
2656f, 2669, 2684, 2696, 2698, 2703, 2708, 2709, 2871, 2877, 3905, 3968,
4002, 4010, 4056, 4057, 4069a to 4069c, 4081, 4303, 4304, 4403, 4801,
4802, and 4852 of this title, sections 8345 and 9101 of Title 5,
Government Organization and Employees, and section 1101 and 1182 of
Title 8, Aliens and Nationality, repealing section 4192 of this title,
enacting provisions set out as notes under sections 287e, 1461, 1463,
1465aa, 1465c, 1469, 2151, 2456, 2460, 2651, 2656, 2715, 3941, 3968,
4001, 4140, 4171, 4301, and 4852 of this title, sections 5921 and 5928
of Title 5, and section 1102 of Title 8, amending provisions set out as
notes under sections 287, 2151, 2651, and 4851 of this title and section
1182 of Title 8, and repealing provisions set out as notes under
sections 2414a and 2656 of this title) may be cited as the 'Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991'.''
Pub. L. 100-204, 1(a), Dec. 22, 1987, 101 Stat. 1331, provided
that: ''This Act (enacting sections 288f-3, 1464, 2656f, 2664a, 2713,
4069a to 4069c, 4315, 4316, 4341 to 4343, and 5201 to 5203 of this
title, amending sections 288h, 290j-1, 1469, 1471, 1475e, 1477c, 1627,
1928a, 1928b, 2151n, 2291, 2304, 2460, 2661, 2670, 2697, 2706, 2707,
2778, 2877, 3905, 3922a, 3927, 3941, 3942, 3946, 3949, 3961, 3965, 4001,
4010, 4023, 4137, 4173, 4302, 4303, 4305, 4403, 4412, 4413, 4831, 4834,
4851, 4861, and 4904 of this title, sections 5313, 5315, and 8332 of
Title 5, Government Organization and Employees, section 1182 of Title 8,
Aliens and Nationality, sections 2492 and 2605 of Title 19, Customs
Duties, and section 1364 of Title 28, Judiciary and Judicial Procedure,
enacting provisions set out as notes under sections 287, 287e, 1461,
1463, 1471, 2601, 2651, 2656, 2680, 2697, 2707, 3922a, 3941 to 3943,
3946, 3965, 4041, 4301, 4315, 4316, 4341, 4802, 4851, and 5201 of this
title, section 112b of Title 1, General Provisions, section 5313 of
Title 5, sections 1182, 1201, and 1255a of Title 8, section 2901 of
Title 15, Commerce and Trade, section 3181 of Title 18, Crimes and
Criminal Procedure, section 2605 of Title 19, and section 1364 of Title
28, and amending provisions set out as notes under sections 287, 287b,
287e, 2651, and 4021 of this title) may be cited as the 'Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989'.''
Pub. L. 99-93, 1(a), Aug. 16, 1985, 99 Stat. 405, provided that:
''This Act (enacting sections 1461-1a, 2592, 2606, 2709, 2710, 2883,
3922a, 3929a, 4309a, 4314, 4414, 4415, and 4701 to 4715 of this title,
amending sections 290j-1, 1477c, 2357, 2589, 2601, 2605, 2652, 2669,
2685, 2704, 2871, 2875, 2877, 3930, 3945, 4084, 4301, 4302, 4304, 4305,
4403, and 4413 of this title, section 208 of Title 3, The President,
sections 5314, 5315, and 5316 of Title 5, Government Organization and
Employees, sections 2 and 11 of the Appendix to Title 5, section 1622 of
Title 50, War and National Defense, and section 39 of Title 50,
Appendix, repealing sections 2666 and 2667 of this title, enacting
provisions set out as notes under sections 287e, 1477c, 1928, 2291,
2605, 2656, 2669, 2697, 2875, 2877, 3943, 3945, 4021, and 4314 of this
title, section 1182 of Title 8, Aliens and Nationality, section 3181 of
Title 18, Crimes and Criminal Procedure, section 701 of Title 47,
Telegraphs, Telephones, and Radiotelegraphs, and section 1701 of Title
50, amending provisions set out as notes under sections 287, 287e, and
2651 of this title, and repealing provisions set out as a note under
section 3901 of this title) may be cited as the 'Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987'.''
Pub. L. 94-350, 1, July 12, 1976, 90 Stat. 823, provided: ''That
this Act (enacting sections 817, 1065, 1076a, 1463, 1475a, 1928e, 2458a,
2661a, 2689, and 2690 of this title, amending sections 276e, 276i, 295,
889, 915, 1001, 1002, 1004, 1007, 1063, 1064, 1071, 1076, 1081, 1082,
1084, 1086, 1091, 1105, 1111, 1116, 1121, 1229, 1474, 1754, 2872, 2873,
2877, 2902, 2905, and 2906 of this title, repealing sections 1083, 1092,
and 1094 of this title, and enacting provisions set out as notes under
sections 801, 915, 1001, 1063, 1064, 1076, 1076a, 1086, 1091, 1121,
1229, and 2871 of this title) may be cited as the 'Foreign Relations
Authorization Act, Fiscal Year 1977'.''
Pub. L. 94-141, 1, Nov. 29, 1975, 89 Stat. 756, provided: ''That
this Act (enacting sections 276a-1, 1037 to 1037c, 2576, 2687, and 2688
of this title, amending sections 276, 276c, 295, 966, 991, 995, 1934,
2321d, 2551, 2562, 2585, 2589, 2590, 2601, 2666, 2679a, and 2791 of this
title and section 5924 of Title 5, Government Organization and
Employees, enacting provisions set out as notes under sections 1037a and
2679a of this title, amending provision set out as a note under section
287e, and repealing provision set out as a note under section 966 of
this title) may be cited as the 'Foreign Relations Authorization Act,
Fiscal Year 1976'.''
Pub. L. 93-475, 1, Oct. 26, 1974, 88 Stat. 1439, provided: ''That
this Act (enacting sections 966, 2679a, 2680a, and 2686 of this title,
amending sections 901a, 1439, 1476, and 2680 of this title, and section
5924 of Title 5, Government Organization and Employees, enacting
provisions set out as notes under sections 901a, 966, and 2151 of this
title and amending provisions set out as notes preceding section 1 of
Title 50, Appendix, War and National Defense) may be cited as the 'State
Department/USIA Authorization Act, Fiscal Year 1975'.''
Pub. L. 93-126, 1, Oct. 18, 1973, 87 Stat. 451, provided: ''That
this Act (enacting sections 287e-1, 901a, 2655a, and 2685 of this title
and amending sections 276, 277d-28, 277d-29, 277d-31, 993, 1754, and
2823 of this title, section 194a of Title 2, The Congress, section 5924
of Title 5, Government Organization and Employees, and provisions set
out as a note under section 214 of this title) may be cited as the
'Department of State Appropriations Authorization Act of 1973'.''
Pub. L. 92-352, 1, July 13, 1972, 86 Stat. 489, provided: ''That
this Act (enacting sections 1474, 1475, 2291a, and 2821 to 2826 of this
title and section 194a of Title 2, The Congress, amending sections 901,
1461, 1476, 2291, 2501a, 2502, 2589, 2652, 2653, and 2680 of this title,
sections 5313, 5314, 5315, and 8331 of Title 5, Government Organization
and Employees, and section 241 of former Title 31, Money and Finance,
repealing section 2511 of this title, and enacting provisions set out as
notes under sections 2511, 2571, and 2652 of this title, section 8331 of
Title 5, and section 241 of former Title 31) may be cited as the
'Foreign Relations Authorization Act of 1972'.''
Act Aug. 1, 1956, ch. 841, 1 (part), as added by Pub. L. 102-138,
title I, 111(2), Oct. 28, 1991, 105 Stat. 654, provided: ''That this
Act (enacting sections 2662, 2669 to 2672, 2673 to 2680a, 2684, 2687 to
2692, 2695 to 2723, 4301 to 4316, 4341 to 4343, and 4351 to 4357 of this
title) may be cited as the 'State Department Basic Authorities Act of
1956'.''
Act Aug. 1, 1956, ch. 841, title I, 48, formerly 33, as added Oct.
17, 1980, Pub. L. 96-465, title II, 2201(a), 94 Stat. 2157, and
renumbered 34 and redesignated title I, Aug. 24, 1982, Pub. L.
97-241, title I, 117, title II, 202(a), 96 Stat. 279, 282; renumbered
35 and 36, Nov. 22, 1983, Pub. L. 98-164, title I,
123, 124, 97 Stat. 1025; renumbered 37, Oct. 19, 1984, Pub. L.
98-533, title I, 102, 98 Stat. 2708; renumbered 38 and 39, Aug. 16,
1985, Pub. L. 99-93, title I, 125(a), 128, 99 Stat. 415, 419;
renumbered 40 and 41, Aug. 27, 1986, Pub. L. 99-399, title V,
504(1), 506(1), 100 Stat. 871; renumbered 42, Dec. 22, 1987, Pub.
L. 100-204, title I, 126(a)(1), 101 Stat. 1341; renumbered 43, Nov.
18, 1988, Pub. L. 100-690, title IV, 4603(1), 102 Stat. 4287;
renumbered 44, 45, 46, 47, and 48, Feb. 16, 1990, Pub. L. 101-246,
title I, 115(c)(1), 117(1), 118(1), 119(1), 150(1), 104 Stat. 23, 25,
26, 42, which provided that act Aug. 1, 1956, ch. 841, was to be cited
as the ''State Department Basic Authorities Act of 1956'', was repealed
by Pub. L. 102-138, title I, 111(1), Oct. 28, 1991, 105 Stat. 654.
For assignment of certain emergency preparedness functions to
Secretary of State, see Parts 1, 2, and 13 of Ex. Ord. No. 12656, Nov.
18, 1988, 53 F.R. 47491, set out as a note under section 2251 of Title
50, Appendix, War and National Defense.
For order of succession in case of death, resignation, absence, or
sickness of Secretary, see Ex. Ord. No. 10839, Sept. 30, 1959, 24 F.
R. 7939, set out as a note under section 3347 of Title 5, Government
Organization and Employees.
Pub. L. 101-246, title XI, 1101, Feb. 16, 1990, 104 Stat. 90,
provided that:
''(a) Limitation on Spending Authority. -- Any new spending authority
(within the meaning of section 401 of the Congressional Budget Act of
1974 (2 U.S.C. 651)) which is provided under this Act (see Short Title
of 1990 Amendment note above) shall be effective for any fiscal year
only to the extent or in such amounts as are provided in advance in
appropriation Acts.
''(b) Limitation on Contract Authority. -- Any authority provided by
this Act to enter into contracts shall be effective only --
''(1) to the extent that the budget authority for the obligation to
make outlays, which is created by the contract, has been provided in
advance by an appropriation Act; or
''(2) to the extent or in such amounts as are provided in advance in
appropriation Acts.''
Pub. L. 96-241, 2, May 3, 1980, 94 Stat. 343, provided that:
''(a) Any person aggrieved by an action of the Secretary of State may
bring a civil action in an appropriate United States district court to
contest the constitutionality of the appointment and continuance in
office of the Secretary of State on the ground that such appointment and
continuance in office is in violation of article I, section 6, clause 2,
of the Constitution. The United States district courts shall have
exclusive jurisdiction, without regard to the sum or value of the matter
in controversy, to determine the validity of such appointment and
continuance in office.
''(b) Any action brought under this section shall be heard and
determined by a panel of three judges in accordance with section 2284 of
title 28, United States Code. Any review of the action of a court
convened pursuant to such section shall be by petition of certiorari to
the Supreme Court.
''(c) Any judge designated to hear any action brought under this
section shall cause such action to be in every way expedited.
''(d) This section applies only with respect to the Secretary of
State who is first appointed to that office after the enactment of this
Act (May 3, 1980).''
Compensation of Secretary, see section 5312 of Title 5, Government
Organization and Employees.
Immigration and Nationality Act, powers and duties of Secretary of
State with respect to administration and enforcement, see section 1104
of Title 8, Aliens and Nationality.
22 USC 2652. Deputy Secretary of State; Under Secretary of State for
Political Affairs; Under Secretary of State for Economic and
Agricultural Affairs; Under Secretary of State for Management;
Assistant Secretaries of State
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There shall be in the Department of State, in addition to the
Secretary of State, a Deputy Secretary of State, an Under Secretary of
State for Political Affairs, an Under Secretary of State for Economic
and Agricultural Affairs, an Under Secretary of State for Management,
and fifteen Assistant Secretaries of State.
(May 26, 1949, ch. 143, 1, 63 Stat. 111; Feb. 7, 1953. ch. 2, 67
Stat. 4; Aug. 5, 1955, ch. 576, 1, 69 Stat. 536; June 30, 1958, Pub.
L. 85-477, ch. V, 502(j)(1), 72 Stat. 274; July 18, 1958, Pub. L.
85-524, 1, 72 Stat. 363; July 13, 1972, Pub. L. 92-352, title I, 103(
a)(1), 86 Stat. 490; Aug. 17, 1977, Pub. L. 95-105, title I, 109(c), 91
Stat. 847; Oct. 7, 1978, Pub. L. 95-426, title I, 114(a)( 1), 92 Stat.
968; Aug. 16, 1985, Pub. L. 99-93, title I, 115(a), 116(a), 99 Stat.
411; Aug. 27, 1986, Pub. L. 99-399, title I, 104(b), 100 Stat. 856.)
Section was formerly classified to section 151a of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1986 -- Pub. L. 99-399 substituted ''fifteen'' for ''fourteen''.
1985 -- Pub. L. 99-93 substituted ''Under Secretary of State for
Economic and Agricultural Affairs'' for ''Under Secretary of State for
Economic Affairs'' and ''fourteen'' for ''thirteen''.
1978 -- Pub. L. 95-426 substituted ''an Under Secretary of State for
Management'' for ''a Deputy Under Secretary of State''.
1977 -- Pub. L. 95-105 substituted ''thirteen'' for ''eleven''.
1972 -- Pub. L. 92-352 substituted ''a Deputy Secretary of State, an
Under Secretary of State for Political Affairs, an Under Secretary of
State for Economic Affairs, a Deputy Under Secretary of State'' for ''an
Under Secretary of State, two Deputy Under Secretaries of State''.
1958 -- Pub. L. 85-524 increased the number of Assistant Secretaries
from ten to eleven.
Pub. L. 85-477 reduced the number of Deputy Under Secretaries of
State from three to two.
1955 -- Act Aug. 5, 1955, inserted ''three Deputy Under Secretaries
of State'', and struck out provisions which authorized the appointment
of an Under Secretary of State for Administration until Dec. 31, 1954.
1953 -- Act Feb. 7, 1953, provided for an Under Secretary of State
for Administration until Dec. 31, 1954.
Amendment by Pub. L. 95-426 effective Oct. 1, 1978, see section
114(c) of Pub. L. 95-426, set out as a note under section 5314 of Title
5, Government Organization and Employees.
Section 103(c) of Pub. L. 92-352 provided that: ''The provisions of
subsection (a) of this section (amending this section and section 2653
of this title) are effective July 1, 1972.''
Act Feb. 7, 1953, ch. 2, 67 Stat. 4, cited as a credit to this
section, was repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
657.
Section 114(a)(2) of Pub. L. 95-426 provided that: ''The individual
holding the office of Deputy Under Secretary of State on the effective
date of this section (Oct. 1, 1978) shall assume the duties of Under
Secretary of State for Management and shall not be required to be
reappointed by reason of the enactment of this section.''
One of the offices of Assistant Secretary of State provided for in
this section abolished by Reorg. Plan No. 2 of 1977, 9(a)(2), 42 F.
R. 62461, 91 Stat. 1639, set out under section 1461 of this title,
effective on or before July 1, 1978, at such time as specified by the
President.
Secretary of State by Under Secretary of State on July
13, 1972
Section 103(b) of Pub. L. 92-352 provided that: ''The duties of the
Under Secretary of State are transferred to the Deputy Secretary of
State. The individual holding, on the date of enactment of this Act
(July 13, 1972), the office of the Under Secretary of State may assume
the duties of the Deputy Secretary of State. The individual assuming
such duties shall not be required to be reappointed by reason of the
enactment of this section.''
Section 3 of act Aug. 5, 1955, provided that: ''The President may
initially fill two of the Deputy Under Secretary positions established
in section 1 of this Act (amending this section) by appointing, without
further advice and consent of the Senate, the two Deputy Under
Secretaries of State who, on the date of the enactment of this Act (Aug.
5, 1955), held that designation pursuant to authority contained in
section 2 of the Act of May 26, 1949 (63 Stat. 111) (section 2653 of
this title).''
Assistant Secretary of State to head Bureau of Oceans and
International Environmental and Scientific Affairs in Department of
State, appointment of as addition to number of positions provided for in
this section, see section 2655a of this title.
22 USC 2652a. Assistant Secretary of State for International Narcotics
Matters
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There is established in the Department of State, in addition to the
positions provided under section 2652 of this title, an Assistant
Secretary of State for International Narcotics Matters, who shall be
appointed by the President, by and with the advice and consent of the
Senate. The Assistant Secretary shall be responsible for the overall
coordination of the role of the Department of State in the international
aspects of narcotics problems.
(Pub. L. 95-426, title I, 115(a), Oct. 7, 1978, 92 Stat. 969.)
22 USC 2652b. Assistant Secretary of State for South Asian Affairs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment of position
There is established in the Department of State the position of
Assistant Secretary of State for South Asian Affairs, which is in
addition to the positions provided under section 2652 of this title.
(b) Appointment
The Assistant Secretary shall be appointed by the President, by and
with the advice and consent of the Senate.
(c) Responsibilities
The Assistant Secretary shall have responsibility within the
Department of State with respect to India, Pakistan, Bangladesh, Sri
Lanka, Nepal, Bhutan, Afghanistan, and the Maldives.
(d) Omitted
(e) Implementation
In order to carry out this section, the Secretary of State shall
reprogram the position of Deputy Assistant Secretary for South Asian
Affairs.
(Pub. L. 102-138, title I, 122, Oct. 28, 1991, 105 Stat. 658.)
Section is comprised of section 122 of Pub. L. 102-138. Subsec. (d)
of section 122 of Pub. L. 102-138 amended section 5315 of Title 5,
Government Organization and Employees, and enacted provisions set out as
a note under section 5315 of Title 5.
22 USC 2653. Appointment and rank of officers
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The Secretary of State and the officers referred to in section
2652 of this title, shall be appointed by the President, by and with the
advice and consent of the Senate. The Legal Adviser who is required to
be appointed by the President, by and with the advice and consent of the
Senate, shall rank equally with the Assistant Secretaries of State. Any
such officer holding office at the time the provisions of this Act, as
amended, become effective shall not be required to be reappointed by
reason of the enactment of this Act, as amended.
(b) Repealed. Pub. L. 92-352, title I, 103(a)(2), July 13, 1972, 86
Stat. 490.
(May 26, 1949, ch. 143, 2, 63 Stat. 111; Aug. 5, 1955, ch. 576, 2,
69 Stat. 536; June 30, 1958, Pub. L. 85-477, ch. V, 502(j)(2), 72 Stat.
274; July 30, 1959, Pub. L. 86-117, 73 Stat. 265; Aug. 14, 1964, Pub.
L. 88-426, title III, 305(14), 78 Stat. 424; July 13, 1972, Pub. L.
92-352, title I, 103(a)(2), 86 Stat. 490; Nov. 22, 1983, Pub. L.
98-164, title I, 125(a), 97 Stat. 1026.)
The time the provisions of this Act, as amended, become effective,
referred to in subsec. (a), probably means Aug. 5, 1955, which is the
effective date of the 1955 amendment to this section.
The enactment of this Act, as amended, referred to in subsec. (a),
probably refers to the enactment of act Aug. 5, 1955, which amended
sections 867, 901, 902, 913, 1001, 1002, 1071, 1076, 2652, and 2653 of
this title.
Section was formerly classified to section 151b of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1983 -- Subsec. (a). Pub. L. 98-164 struck out reference to
Counselor of the Department of State in second sentence.
1972 -- Subsec. (b). Pub. L. 92-352 struck out subsec. (b) which
established in the Department of State an office which shall be entitled
as designated by the President, either Under Secretary of State for
Political Affairs or Under Secretary of State for Economic Affairs. See
section 2652 of this title.
1964 -- Subsec. (a). Pub. L. 88-426, 305(14)(A),(B), repealed
provisions which prescribed the salaries of the Counselor, Legal Adviser
and the Deputy Under Secretaries.
Subsec. (b). Pub. L. 88-426, 305(14)(C), repealed provisions which
prescribed the compensation of the Under Secretary of State for
Political Affairs or for Economic Affairs.
1959 -- Subsec. (b). Pub. L. 86-117 provided for executive
designation of the Office in the Department of State as Under Secretary
of State for Political Affairs or Under Secretary of State for Economic
Affairs in place of legislative designation as Office of Under Secretary
of State for Economic Affairs, eliminated the provision for initial
Presidential appointment as Under Secretary of State for Economic
Affairs without Senate advice and consent the officer who on June 30,
1958 held the position of Deputy Under Secretary of State for Economic
Affairs, and substituted in the transfer of functions provision ''Under
Secretary of State for Economic Affairs'' and ''Secretary of State'' for
''Deputy Under Secretary of State for Economic Affairs'' and ''Under
Secretary of State for Economic Affairs''.
1958 -- Pub. L. 85-477 designated existing provisions as subsec.
(a) and added subsec. (b).
1955 -- Act Aug. 5, 1955, provided that salary of the Legal Adviser
and Deputy Under Secretaries should be the same as Assistant
Secretaries.
Amendment by Pub. L. 92-352 effective July 1, 1972, see section
103(c) of Pub. L. 92-352, set out as a note under section 2652 of this
title.
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to extent provided
in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L.
88-426.
22 USC 2654. Legal adviser; establishment of office; appointment
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There is established in the Department of State the office of legal
adviser (in lieu of the Solicitor of the Department of State, which
office is abolished). The legal adviser shall be appointed by the
President, by and with the advice and consent of the Senate.
(May 24, 1924, ch. 182, 30, as added Feb. 23, 1931, ch. 276, 7, 46
Stat. 1214, and amended Oct. 15, 1949, ch. 695, 6(d), 63 Stat. 881.)
Section was formerly classified to section 152a of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1949 -- Act Oct. 15, 1949, struck out provision relating to salary
of legal adviser being same as Assistant Secretaries of State.
Section 37 of act May 24, 1924, as added Feb. 23, 1931, provided
that this section shall take effect July 1, 1931.
22 USC 2655. Counselor of Department of State; appointment
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There shall be in the Department of State a Counselor of the
Department of State, to be appointed by the President, by and with the
advice and consent of the Senate.
(May 18, 1937, ch. 220, 50 Stat. 169.)
Section was formerly classified to section 152b of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Provisions of this section which prescribed the basic annual
compensation of the Counselor were omitted to conform with the
provisions of the Executive Schedule. See section 5315 of Title 5,
Government Organization and Employees.
Rank of Counselor, see section 2653 of this title.
22 USC 2655a. Bureau of Oceans and International Environmental and
Scientific Affairs within Department of State; Assistant Secretary of
State as head of Bureau
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There is established within the Department of State a Bureau of
Oceans and International Environmental and Scientific Affairs. In
addition to the positions provided under section 2652 of this title,
there shall be an Assistant Secretary of State for Oceans and
International Environmental and Scientific Affairs, appointed by the
President, by and with the advice and consent of the Senate, who shall
be the head of the Bureau and who shall have responsibility for matters
relating to oceans, environmental, scientific, fisheries, wildlife, and
conservation affairs.
(Pub. L. 93-126, 9(a), formerly 9, Oct. 18, 1973, 87 Stat. 453,
renumbered Pub. L. 93-312, 9, June 8, 1974, 88 Stat. 238.)
22 USC 2656. Management of foreign affairs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State shall perform such duties as shall from time
to time be enjoined on or intrusted to him by the President relative to
correspondences, commissions, or instructions to or with public
ministers or consuls from the United States, or to negotiations with
public ministers from foreign states or princes, or to memorials or
other applications from foreign public ministers or other foreigners, or
to such other matters respecting foreign affairs as the President of the
United States shall assign to the department, and he shall conduct the
business of the department in such manner as the President shall direct.
(R.S. 202.)
R.S. 202 derived from acts July 27, 1789, ch. 4, 1, 1 Stat. 28;
Sept. 15, 1789, ch. 14, 1, 1 Stat. 68.
Section was formerly classified to section 156 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Functions of President respecting certain facilities constructed and
maintained on United States borders delegated to Secretary of State, see
Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, set out as a note
under section 301 of Title 3, The President.
Exercise of authority available under this section by Director of
United States Information Agency, see Ex. Ord. No. 10477, Aug. 1,
1953, 18 F.R. 4540, set out as a note under section 1472 of this title.
National Intelligence Authority and Central Intelligence Group,
established by Presidential Directive, Feb. 1, 1946, 11 F.R. 1337, to
coordinate Federal foreign intelligence activities, ceased to exist upon
creation of Central Intelligence Agency; personnel, property and
records of the group were transferred to the Agency; and unexpended
funds of the group were made available to the Agency, by act July 26,
1947, ch. 343, title I, 102, 61 Stat. 497, set out as section 403 of
Title 50, War and National Defense.
Pub. L. 101-246, title I, 153(a), (b), Feb. 16, 1990, 104 Stat. 43,
as amended by Pub. L. 101-302, title III, 320(b)(2), May 25, 1990, 104
Stat. 247, provided that:
''(a) Findings. -- The Congress finds that a primary role of the
Department of State is to represent the interests of the American people
in foreign affairs and, as such, should strive to represent and include,
among its policy and professional employees, the great diversity of the
American people.
''(b) Recruitment. -- (1) Not later than 120 days after the date of
enactment of this Act (Feb. 16, 1990), the Secretary of State shall
provide the Congress with a plan to assure that equal efforts are
undertaken in each of the regions of the United States to recruit policy
and professional Government Service employees and Foreign Service
officers for the Department of State and each of its affiliated
agencies.
''(2) Not later than January 1, 1991, the Secretary of State shall
implement the plan provided for in paragraph (1).''
Pub. L. 100-204, title I, 109, Dec. 22, 1987, 101 Stat. 1339,
provided that: ''No funds authorized to be appropriated by this Act or
by any other Act authorizing funds for any entity engaged in any
activity concerning the foreign affairs of the United States shall be
used --
''(1) for publicity or propaganda purposes designed to support or
defeat legislation pending before Congress;
''(2) to influence in any way the outcome of a political election in
the United States; or
''(3) for any publicity or propaganda purposes not authorized by
Congress.''
Pub. L. 100-204, title I, 122, Dec. 22, 1987, 101 Stat. 1339, which
prohibited use of appropriated funds for closing United States consular
or diplomatic posts abroad, or for paying expenses related to Bureau of
Administration of Department of State if a post was closed after Jan.
1, 1987, and not reopened, provided funding for certain consulates,
provided exceptions for prohibition on use of appropriated funds,
permitted Secretary of State, in case of a sequestration order, to
submit a report proposing a list of consular posts to be downgraded or
closed in order to comply with sequestration order, and provided that
the prohibitions were to be effective 180 days after Dec. 22, 1987, was
repealed by Pub. L. 102-138, title I, 112(b), Oct. 28, 1991, 105 Stat.
655. See section 2720 of this title.
Pub. L. 100-204, title I, 123, Dec. 22, 1987, 101 Stat. 1339, which
directed that none of the funds made available for the Department of
State for any fiscal year be used for expenses of maintaining a United
States diplomatic or consular post in Antigua and Barbuda and provided
that such prohibition take effect 60 days after Dec. 22, 1987, unless
the President made a determination that such closing would not be in the
national security interest of the United States and informed both the
Chairman of the Senate Foreign Relations Committee and the House Foreign
Affairs Committee of such determination, was repealed by Pub. L.
101-246, title I, 121, Feb. 16, 1990, 104 Stat. 27.
Determination of the President of the United States, No. 88-9, Feb.
9, 1988, 53 F.R. 5749, provided:
Memorandum for the Secretary of State
In accordance with Section 123 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) (set out above), I
have determined that closure of the U.S. Diplomatic and Consular Mission
in Antigua and Barbuda is not in the national security interests of the
United States.
You are hereby authorized and directed to report this determination
to the Congress, as required by law. This determination shall be
published in the Federal Register.
Ronald Reagan.
Pub. L. 100-204, title VIII, 801, Dec. 22, 1987, 101 Stat. 1397,
provided that: ''If the Secretary of State, in exercising his authority
to establish overseas staffing levels for Federal agencies with
activities abroad, authorizes the assignment of any Drug Enforcement
Administration agent to a particular United States mission abroad, the
Secretary shall authorize the assignment of at least two such agents to
that mission.''
Pub. L. 100-202, 101(a) (title III, 305), Dec. 22, 1987, 101 Stat.
1329, 1329-23, provided that: ''The following sections of H.R. 1777
(the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(Pub. L. 100-204)) are waived during Fiscal Years 1988 and 1989 in the
event that H.R. 1777 is enacted into law: Sec. 122 (set out above),
Sec. 151, and Sec. 204 (22 U.S.C. 1461 note).''
Pub. L. 99-500, 101(b) (title III, 300), Oct. 18, 1986, 100 Stat.
1783-39, 1783-58, and Pub. L. 99-591, 101(b) (title III, 300), Oct.
30, 1986, 100 Stat. 3341-39, 3341-58, provided: ''That beginning on
February 1, 1987, the Secretary of State shall report every six months
to the Speaker of the House of Representatives and the President of the
Senate on any failures during the past six months by Soviet agencies to
perform obligations to United States diplomats or United States missions
to the Soviet Union and the actions undertaken by the Department of
State to redress these failures.''
Pub. L. 99-93, title I, 138, Aug. 16, 1985, 99 Stat. 422, provided
that:
''(a) Responsibility. -- The United States chief of mission to a
foreign country in which there is not respect for freedom of the press
shall actively promote respect for freedom of the press in that country.
''(b) Definition. -- As used in this section, the term 'respect for
freedom of the press' means that a government --
''(1) allows foreign news correspondents into the country and does
not subject them to harassment or restrictions;
''(2) allows nongovernment-owned press to operate in the country;
and
''(3) does not subject the press in the country to systematic
censorship.''
Pub. L. 99-93, title I, 139, Aug. 16, 1985, 99 Stat. 422, provided
that: ''It is the sense of the Congress that the Secretary of State
should ensure that all United States consular offices are equipped with
24-hour emergency telephone service through which United States citizens
can contact a member of the staff of any such office. The Secretary
should publicize the telephone number of each such service for the
information of United States citizens. Not more than 90 days after the
date of the enactment of this Act (Aug. 16, 1985), the Secretary shall
submit a report to the Congress on steps taken in accordance with this
section.''
Opposition; Implementation
Pub. L. 98-447, Oct. 4, 1984, 98 Stat. 1721, provided: ''That the
Congress reaffirms that it is the continuing policy of the United States
Government to oppose the practice of torture by foreign governments
through public and private diplomacy and, when necessary and
appropriate, through the enactment and vigorous implementation of laws
intended to reinforce United States policies with respect to torture.
The United States Government opposes acts of torture wherever they
occur, without regard to ideological or regional considerations, and
will make every effort to work cooperatively with other governments and
with nongovernmental organizations to combat the practice of torture
worldwide.
''Sec. 2. (a) The President is requested --
''(1) to instruct the Permanent Representative of the United States
to the United Nations to continue to raise the issue of torture
practiced by governments; and
''(2) to continue to involve the United States Government in the
formulation of international standards and effective implementing
mechanisms, particularly the draft Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
''(b) In order to implement the policy expressed in the first section
of this resolution, the Secretary of State is requested to issue formal
instructions to each United States chief of mission regarding United
States policy with respect to torture, including --
''(1) instructions --
''(A) to examine allegations of the practice of torture, particularly
allegations concerning the existence of secret detention, extended
incommunicado detention, and restrictions on access by family members,
lawyers, and independent medical personnel to detainees; and
''(B) to forward such information as may be gathered, including
information regarding any efforts made by the host government to reduce
and eliminate the practice of torture, to the Assistant Secretary of
State for Human Rights and Humanitarian Affairs for analysis in
preparing the Department's annual country reports on human rights
practices;
''(2) in the case of a chief of mission assigned to a country where
torture is regularly practiced, instructions to report on a periodic
basis as circumstances require to the Assistant Secretary of State for
Human Rights and Humanitarian Affairs regarding efforts made by the
respective United States diplomatic mission to implement United States
policy with respect to combating torture;
''(3) instructions to meet with indigenous human rights monitoring
groups knowledgeable about the practice of torture for the purpose of
gathering information about such practice; and
''(4) instructions to express concern in individual cases of torture
brought to the attention of a United States diplomatic mission
including, whenever feasible, sending United States observers to trials
when there is reason to believe that torture has been used against the
accused.
''(c) The Secretary of Commerce should continue to enforce vigorously
the current restrictions on the export of crime control equipment
pursuant to the Export Administration Act of 1979 (50 App. U. S.C. 2401
et seq.).
''(d) The heads of the appropriate departments of the United States
Government that furnish military and law enforcement training to foreign
personnel, particularly personnel from countries where the practice of
torture has been a documented concern, shall include in such training,
when relevant, instruction regarding international human rights
standards and the policy of the United States with respect to torture.''
Pub. L. 98-164, title I, 134, Nov. 22, 1983, 97 Stat. 1029,
provided that: ''In order to provide for the establishment of United
States diplomatic relations with the Vatican, the Act entitled 'An Act
making Appropriations for the Consular and Diplomatic Expenses of the
Government for the Year ending thirtieth June, eighteen hundred and
sixty-eight, and for other purposes', approved February 28, 1867, is
amended by repealing the following sentence (14 Stat. 413): 'And no
money hereby or otherwise appropriated shall be paid for the support of
an American legation at Rome, from and after the thirtieth day of June,
eighteen hundred and sixty-seven.'.''
Pub. L. 97-241, title I, 103(b), (c), Aug. 24, 1982, 96 Stat. 273,
as amended by Pub. L. 98-164, title I, 137, Nov. 22, 1983, 97 Stat.
1030, provided that:
''(b) None of the funds made available under this (Pub. L. 97-241) or
any other Act for 'Administration of Foreign Affairs' may be used for
the establishment or operation of any United States consulate that did
not exist on the date of enactment of this Act (Aug. 24, 1982) (other
than the consulates specified in subsection (c)) until all the United
States consulates specified in subsection (c) have been reopened as
required by section 108 of the Department of State Authorization Act,
Fiscal Years 1980 and 1981 (section 108 of Pub. L. 96-60, set out as a
note below), to the extent such reopening is authorized by the foreign
government involved. A report shall be made to the Committee on Foreign
Relations of the Senate and the Committtee on Foreign Affairs of the
House of Representatives concerning the extent to which such foreign
government authorization has been received, and the progress achieved
with respect to the reopening of the specified consulates.
''(c) The consulates referred to in subsections (a) (section 103(a)
of Pub. L. 97-241, which was not classified to the Code) and (b) of this
section are the consulates in the following locations: Turin, Italy;
Salzburg, Austria; Goteborg, Sweden; Bremen, Germany; Nice, France;
Mandalay, Burma; and Brisbane, Australia.''
Pub. L. 96-60, title I, 108, Aug. 15, 1979, 93 Stat. 397, provided
that:
''(a) The following United States consulates shall not be closed or,
if closed on the date of enactment of this Act (Aug. 15, 1979), shall be
reopened as soon as possible after such date: Salzburg, Austria;
Bremen, Germany; Nice, France; Turin, Italy; Goteborg, Sweden;
Adana, Turkey; Tangier, Morocco; Mandalay, Burma; Brisbane,
Australia; and Surabaya, Indonesia.
''(b) Personnel assigned to the consulates described in subsection
(a) shall not be counted toward any personnel ceiling for the Department
of State established by the Director of the Office of Management and
Budget.''
Pub. L. 95-426, title VI, 603, Oct. 7, 1978, 92 Stat. 985, as
amended by Pub. L. 97-241, title V, 505(a)(2), Aug. 24, 1982, 96 Stat.
299, provided that:
''(a) The Congress finds that --
''(1) news dissemination and the free flow of information across
national boundaries are vital to international understanding and to
healthy relations among countries; and
''(2) recurring and reliable reports strongly indicate that in many
countries foreign news correspondents are subject to governmental
harassment and restriction, including the denial of access to legitimate
news sources, the imposition of censorship, and detention,
incarceration, and expulsion.
''(b) It is therefore the sense of the Congress that the President
should --
''(1) advise the appropriate officials of any foreign government
which subjects foreign news correspondents to harassment and
restrictions that the United States considers such mistreatment a
significant and potentially damaging factor in overall relations of the
United States with such country; and
''(2) raise in appropriate international forums the issue of the
treatment of foreign news correspondents, with a view toward gaining
multilateral support for the legitimate rights of such correspondents.
''(c) (Repealed. Pub. L. 97-241, title V, 505(a)(2), Aug. 24, 1982,
96 Stat. 299.)''
Pub. L. 95-426, title VI, 607, Oct. 7, 1978, 92 Stat. 988, provided
that: ''The Congress finds that the conduct of diplomatic relations
with a foreign government has as its principal purpose the discussion
and negotiation with that government of outstanding issues and, like the
recognition of a foreign government, does not in itself imply approval
of that government or of the political-economic system it represents.''
22 USC 2656a. Congressional declaration of findings of major
significance of modern scientific and technological advances in foreign
policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Congress finds that --
(1) the consequences of modern scientific and technological advances
are of such major significance in United States foreign policy that
understanding and appropriate knowledge of modern science and technology
by officers and employees of the United States Government are essential
in the conduct of modern diplomacy;
(2) many problems and opportunities for development in modern
diplomacy lie in scientific and technological fields;
(3) in the formulation, implementation, and evaluation of the
technological aspects of United States foreign policy, the United States
Government should seek out and consult with both public and private
industrial, academic, and research institutions concerned with modern
technology; and
(4) the effective use of science and technology in international
relations for the mutual benefit of all countries requires the
development and use of the skills and methods of long-range planning.
(Pub. L. 95-426, title V, 501, Oct. 7, 1978, 92 Stat. 982.)
22 USC 2656b. Congressional declaration of policy regarding
consequences of science and technology on conduct of foreign policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In order to maximize the benefits and to minimize the adverse
consequences of science and technology in the conduct of foreign policy,
the Congress declares the following to be the policy of the United
States:
(1) Technological opportunities, impacts, changes, and threats should
be anticipated and assessed, and appropriate measures should be
implemented to influence such technological developments in ways
beneficial to the United States and other countries.
(2) The mutually beneficial applications of technology in bilateral
and multilateral agreements and activities involving the United States
and foreign countries or international organizations should be
recognized and supported as an important element of United States
foreign policy.
(3) The United States Government should implement appropriate
measures to insure that individuals are trained in the use of science
and technology as an instrument in international relations and that
officers and employees of the United States Government engaged in formal
and informal exchanges of scientific and technical information,
personnel, and hardware are knowledgeable in international affairs.
(4) In recognition of the environmental and technological factors
that change relations among countries and in recognition of the growing
interdependence between the domestic and foreign policies and programs
of the United States, United States foreign policy should be continually
reviewed by the executive and legislative branches of the Government to
insure appropriate and timely application of science and technology to
the conduct of United States foreign policy.
(5) Federally supported international science and technology
agreements should be negotiated to ensure that --
(A) intellectual property rights are properly protected; and
(B) access to research and development opportunities and facilities,
and the flow of scientific and technological information, are, to the
maximum extent practicable, equitable and reciprocal.
(Pub. L. 95-426, title V, 502, Oct. 7, 1978, 92 Stat. 982; Pub. L.
100-418, title V, 5171(a), Aug. 23, 1988, 102 Stat. 1452.)
1988 -- Par. (5). Pub. L. 100-418 added par. (5).
22 USC 2656c. Responsibilities of President
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Identification, evaluation and initiation of scientific and
technological developments
The President, in consultation with the Director of the Office of
Science and Technology Policy and other officials whom the President
considers appropriate, shall --
(1) notwithstanding any other provision of law, insure that the
Secretary of State is informed and consulted before any agency of the
United States Government takes any major action, primarily involving
science or technology, with respect to any foreign government or
international organization;
(2) identify and evaluate elements of major domestic science and
technology programs and activities of the United States Government with
significant international implications;
(3) identify and evaluate international scientific or technological
developments with significant implications for domestic programs and
activities of the United States Government; and
(4) assess and initiate appropriate international scientific and
technological activities which are based upon domestic scientific and
technological activities of the United States Government and which are
beneficial to the United States and foreign countries.
(b) Report to Congress; recommendations
The President shall study and not later than January 31, 1980, and
not later than January 31 of each year thereafter, shall transmit to the
the /1/ Speaker of the House of Representatives and the Committees on
Foreign Relations and Governmental Affairs of the Senate a report
containing information and recommendations with respect to --
(1) personnel requirements, and standards and training for service of
officers and employees of the United States Government, with respect to
assignments in any Federal agency which involve foreign relations and
science or technology;
(2) the continuation of existing bilateral and multilateral
activities and agreements primarily involving science and technology,
including (A) an analysis of the foreign policy implications and the
scientific and technological benefits of such activities or agreements
for the United States and other parties, (B) the adequacy of the funding
for and administration of such activities and agreements, and (C) plans
for future evaluation of such activities and agreements on a routine
basis; and
(3) equity of access by United States public and private entities to
public (and publicly supported private) research and development
opportunities and facilities in each country which is a major trading
partner of the United States.
(c) Disclosure of sensitive information
Except as otherwise provided by law, nothing in this section shall be
construed as requiring the public disclosure of sensitive information
relating to intelligence sources or methods or to persons engaged in
monitoring scientific or technological developments for intelligence
purposes.
(d) Availability to United States Trade Representative of information
and recommendations
(1) The information and recommendations developed under subsection
(b)(3) of this section shall be made available to the United States
Trade Representative for use in his consultations with Federal agencies
pursuant to Executive orders pertaining to the transfer of science and
technology.
(2) In providing such information and recommendations, the President
shall utilize information developed by any Federal departments,
agencies, or interagency committees as he may consider necessary.
(Pub. L. 95-426, title V, 503, Oct. 7, 1978, 92 Stat. 983; Pub. L.
100-418, title V, 5171(b), (c), Aug. 23, 1988, 102 Stat. 1453.)
1988 -- Subsec. (b). Pub. L. 100-418, 5171(b)(1), (2), substituted
''the Speaker of the House of Representatives and the Committees on
Foreign Relations and Governmental Affairs of the Senate a report
containing information and recommendations'' for ''Congress a report
containing recommendations''.
Subsec. (b)(3). Pub. L. 100-418, 5171(b)(3)-(5), added par. (3).
Subsec. (d). Pub. L. 100-418, 5171(c), added subsec. (d).
/1/ So in original.
22 USC 2656d. Responsibilities of Secretary of State
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Coordination and oversight over science and technology agreements
between United States and foreign countries, etc.
(1) In order to implement the policies set forth in section 2656b of
this title, the Secretary of State (hereafter in this section referred
to as the ''Secretary'') shall have primary responsibility for
coordination and oversight with respect to all major science or science
and technology agreements and activities between the United States and
foreign countries, international organizations, or commissions of which
the United States and one or more foreign countries are members.
(2) In coordinating and overseeing such agreements and activities,
the Secretary shall consider (A) scientific merit; (B) equity of access
as described in section 2656c(b) of this title; (C) possible commercial
or trade linkages with the United States which may flow from the
agreement or activity; (D) national security concerns; and (E) any
other factors deemed appropriate.
(3) Prior to entering into negotiations on such an agreement or
activity, the Secretary shall provide Federal agencies which have
primary responsibility for, or substantial interest in, the subject
matter of the agreement or activity, including those agencies
responsible for --
(A) Federal technology management policies set forth by Public Law
96-517 and the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.);
(B) national security policies;
(C) United States trade policies; and
(D) relevant Executive orders,
with an opportunity to review the proposed agreement or activity to
ensure its consistency with such policies and Executive orders, and to
ensure effective interagency coordination.
(b) Long-term contracts, grants, to obtain studies, etc., with
respect to application of science and technology to foreign policy
The Secretary shall, to such extent or in such amounts as are
provided in appropriation Acts, enter into long-term contracts,
including contracts for the services of consultants, and shall make
grants and take other appropriate measures in order to obtain studies,
analyses, and recommendations from knowledgeable persons and
organizations with respect to the application of science or technology
to problems of foreign policy.
(c) Long-term and short-term contracts, grants, to train officers and
employees in application of science and technology to problems of
foreign policy
The Secretary shall, to such extent or in such amounts as are
provided in appropriation Acts, enter into short-term and long-term
contracts, including contracts for the services of consultants, and
shall make grants and take other appropriate measures in order to obtain
assistance from knowledgeable persons and organizations in training
officers and employees of the United States Government, at all levels of
the Foreign Service and Civil Service --
(1) in the application of science and technology to problems of
United States foreign policy and international relations generally; and
(2) in the skills of long-range planning and analysis with respect to
the scientific and technological aspects of United States foreign
policy.
(d) Detached service for graduate studies
In obtaining assistance pursuant to subsection (c) of this section in
training personnel who are officers or employees of the Department of
State, the Secretary may provide for detached service for graduate study
at accredited colleges and universities.
(Pub. L. 95-426, title V, 504, Oct. 7, 1978, 92 Stat. 983; H. Res.
89, Feb. 5, 1979; Pub. L. 97-241, title V, 505(a)(2), Aug. 24, 1982, 96
Stat. 299; Pub. L. 100-418, title V, 5171(d), Aug. 23, 1988, 102 Stat.
1453.)
Public Law 96-517, referred to in subsec. (a)(3)(A), is Pub. L.
96-517, Dec. 12, 1980, 94 Stat. 3015, which enacted sections 200 to
211 and 301 to 307 of Title 35, Patents, amended section 1113 of Title
15, Commerce and Trade, sections 101 and 117 of Title 17, Copyrights,
sections 41, 42, and 154 of Title 35, and sections 2186, 2457, and 5908
of Title 42, The Public Health and Welfare, and enacted provisions set
out as notes under sections 14 and 41 of Title 35. For complete
classification of this Act to the Code, see Short Title of 1980
Amendment note set out under section 41 of Title 35 and Tables.
The Stevenson-Wydler Technology Innovation Act of 1980, referred to
in subsec. (a)(3)(A), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat.
2311, as amended, which is classified generally to chapter 63 ( 3701 et
seq.) of Title 15, Commerce and Trade. For complete classification of
this Act to the Code, see Short Title note set out under section 3701 of
Title 15 and Tables.
1988 -- Subsec. (a). Pub. L. 100-418 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''In order to
implement the policy set forth in section 2656b of this title, the
Secretary of State (hereafter in this section referred to as the
'Secretary') shall have primary responsibility for coordination and
oversight with respect to all major science or science and technology
agreements and activities between the United States and foreign
countries, international organizations, or commissions of which the
United States and one or more foreign countries are members.''
1982 -- Subsec. (e). Pub. L. 97-241 struck out subsec. (e) which
provided that not later than Jan. 20, 1979, the Secretary transmit to
the Committee on Appropriations and the Committee on Foreign Affairs of
the House of Representatives, and to the Committee on Appropriations and
the Committee on Foreign Relations of the Senate, a report on the
implementation of his responsibilities under this title, which report
was to include an assessment of the personnel required in order to carry
out such responsibilities, existing and planned programs for research
and analysis to support long-range planning for the application of
science and technology to foreign policy, existing and planned programs
for training officers and employees of the United States Government
pursuant to subsec. (c) of this section, and existing and planned
programs to enter into long-term contracts with academic and other
organizations for assistance in training and in obtaining studies,
analyses, and recommendations with respect to the application of science
or technology to problems of foreign policy.
Committee on International Relations of House of Representatives
changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House
Resolution 89, 96th Congress.
Section 608 of Pub. L. 95-426, as amended by Pub. L. 97-241, title
V, 505(a)(2), Aug. 24, 1982, 96 Stat. 299, provided that:
''(a) The Congress finds that --
''(1) no international regime governs the use of nuclear-powered
satellites in space;
''(2) the unregulated use of such technology poses the possibility of
catastrophic damage to human life and the global environment; and
''(3) this danger has been evidenced by mishaps encountered, despite
certain precautions, by nuclear-powered satellites of both the United
States and the Soviet Union.
''(b) It is therefore the sense of the Congress that the United
States should take the initiative immediately in seeking a multilateral
agreement governing the use of nuclear-powered satellites in space.
''(c) (Repealed. Pub. L. 97-241, title V, 505(a)(2), Aug. 24, 1982,
96 Stat. 299.)''
22 USC 2656e. Terrorism-related travel advisories
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State shall promptly advise the Congress whenever
the Department of State issues a travel advisory, or other public
warning notice for United States citizens traveling abroad, because of a
terrorist threat or other security concern.
(Pub. L. 99-399, title V, 505, Aug. 27, 1986, 100 Stat. 871.)
22 USC 2656f. Annual country reports on terrorism
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Requirement of annual country reports on terrorism
The Secretary of State shall transmit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate, by
April 30 of each year, a full and complete report providing --
(1) detailed assessments with respect to each foreign country --
(A) in which acts of international terrorism occurred which were, in
the opinion of the Secretary, of major significance;
(B) about which the Congress was notified during the preceding five
years pursuant to section 2405(j) of the Appendix to title 50; and
(C) which the Secretary determines should be the subject of such
report; and
(2) all relevant information about the activities during the
preceding year of any terrorist group, and any umbrella group under
which such terrorist group falls, known to be responsible for the
kidnapping or death of an American citizen during the preceding five
years, any terrorist group known to be financed by countries about which
Congress was notified during the preceding year pursuant to section
2405(j) of the Appendix to title 50, and any other known international
terrorist group which the Secretary determines should be the subject of
such report.
(b) Provisions to be included in report
The report required under subsection (a) of this section should to
the extent feasible include (but not be limited to) --
(1) with respect to subsection (a)(1) --
(A) a review of major counterterrorism efforts undertaken by
countries which are the subject of such report, including, as
appropriate, steps taken in international fora;
(B) the response of the judicial system of each country which is the
subject of such report with respect to matters relating to terrorism
affecting American citizens or facilities, or which have, in the opinion
of the Secretary, a significant impact on United States counterterrorism
efforts, including responses to extradition requests; and
(C) significant support, if any, for international terrorism by each
country which is the subject of such report, including (but not limited
to) --
(i) political and financial support;
(ii) diplomatic support through diplomatic recognition and use of the
diplomatic pouch;
(iii) providing sanctuary to terrorists or terrorist groups; and
(iv) the positions (including voting records) on matters relating to
terrorism in the General Assembly of the United Nations and other
international bodies and fora of each country which is the subject of
such report; and
(2) with respect to subsection (a)(2) of this section, any --
(A) significant financial support provided by foreign governments to
those groups directly, or provided in support of their activities;
(B) provisions of significant military or paramilitary training or
transfer of weapons by foreign governments to those groups;
(C) provision of diplomatic recognition or privileges by foreign
governments to those groups; and
(D) provision by foreign governments of sanctuary from prosecution to
these groups or their members responsible for the commission, attempt,
or planning of an act of international terrorism.
(c) Classification of report
The report required under subsection (a) of this section shall, to
the extent practicable, be submitted in an unclassified form and may be
accompanied by a classified appendix.
(d) Definitions
As used in this section --
(1) the term ''international terrorism'' means terrorism involving
citizens or the territory of more than 1 country;
(2) the term ''terrorism'' means premeditated, politically motivated
violence perpetrated against noncombatant targets by subnational groups
or clandestine agents; and
(3) the term ''terrorist group'' means any group practicing, or which
has significant subgroups which practice, international terrorism.
(e) Reporting period
(1) The report required under subsection (a) of this section shall
cover the events of the calendar year preceding the year in which the
report is submitted.
(2) The report required by subsection (a) of this section to be
submitted by March 31, 1988, may be submitted no later than August 31,
1988.
(Pub. L. 100-204, title I, 140, Dec. 22, 1987, 101 Stat. 1347; Pub.
L. 101-246, title I, 122, Feb. 16, 1990, 104 Stat. 27.)
1990 -- Subsec. (a). Pub. L. 101-246 substituted ''April 30'' for
''March 31''.
22 USC 2656g. Report on terrorist assets in United States
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Reports to Congress
Beginning 90 days after October 28, 1991, and every 365 days
thereafter, the Secretary of the Treasury shall submit to the Committee
on Foreign Relations and the Committee on Finance of the Senate and the
Committee on Foreign Affairs and the Committee on Ways and Means of the
House of Representatives a report describing the nature and extent of
assets held in the United States by terrorist countries and any
organization engaged in international terrorism.
(b) Definitions
For purposes of this section --
(1) the term ''terrorist countries'', refers to countries designated
by the Secretary of State under section 2780(d) of this title; and
(2) the term ''international terrorism'' has the meaning given such
term in section 2656f(d) of this title.
(Pub. L. 102-138, title III, 304, Oct. 28, 1991, 105 Stat. 710.)
22 USC 2656h. International credit reports
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Report on loan criteria
Not later than 90 days after October 28, 1991, the Assistant
Secretary of State for Economic and Business Affairs, in consultation
with the Secretary of the Treasury, shall submit to the Chairman of the
Foreign Relations Committee of the Senate and the Speaker of the House
of Representatives a report setting forth clear criteria for bilateral
loans by which the United States can determine the likelihood of
repayment by a country seeking to receive United States loans. The
report should include the criteria used for --
(1) assessing country risk;
(2) projecting loan repayments; and
(3) estimating subsidy levels.
(b) Reports on loans
Beginning 180 days after the submission of the report in subsection
(a) of this section and annually thereafter, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit a report
to the Chairman of the Foreign Relations Committee of the Senate and the
Speaker of the House of Representatives showing actual repayments by
country and by program to the United States Government for the previous
5 years and the scheduled repayments to the United States Government for
the next 5 years.
(Pub. L. 102-138, title I, 197, Oct. 28, 1991, 105 Stat. 684.)
22 USC 2657. Custody of seals and property
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State shall have the custody and charge of the seal
of the Department of State, and of all the books, records, papers,
furniture, fixtures, and other property which on June 22, 1874, remained
in and appertained to the Department, or were thereafter acquired for
it.
(R.S. 203.)
R.S. 203 derived from acts July 27, 1789, ch. 4, 2, 4, 1 Stat. 29;
Sept. 15, 1789, ch. 14, 7, 1 Stat. 69.
Section was formerly classified to section 158 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Postal Service, seal to be filed by the Board of Governors of the
Postal Service in office of Secretary of State, see section 207 of Title
39, Postal Service.
22 USC 2658. Rules and regulations; promulgation by Secretary;
delegation of authority
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State may promulgate such rules and regulations as
may be necessary to carry out the functions now or hereafter vested in
the Secretary of State or the Department of State, and he may delegate
authority to perform any of such functions including if he shall so
specify the authority successively to redelegate any of such functions,
to officers and employees under his direction and supervision.
(May 26, 1949, ch. 143, 4, 63 Stat. 111; Aug. 26, 1954, ch. 937,
544(c), as added July 18, 1956, ch. 627, 11(a), 70 Stat. 563, and
amended Aug. 14, 1957, Pub. L. 85-141, 11(b)(1), 71 Stat. 365.)
Section was formerly classified to section 151c of former title 5
prior to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80
Stat. 378.
1956 -- Act July 18, 1956, added section 544(c) to act Aug. 26,
1954, which section amended this section to permit the redelegation of
functions.
Section 544(c) of act Aug. 26, 1954, cited as a credit to this
section, was repealed by Pub. L. 85-141, except insofar as such section
544(c) affected this section.
Secretary of Commerce authorized by Ex. Ord. No. 12188, 1-104(b)(
5), Jan. 2, 1980, 45 F.R. 991, set out as a note under section 2171 of
Title 19, Customs Duties, to exercise authority of Secretary of State
under this section with regard to the functions transferred by section
5(b) of Reorg. Plan No. 3 of 1979, 44 F.R. 69274, 93 Stat. 1381, set
out in the Appendix to Title 5, Government Organization and Employees,
eff. Jan. 2, 1980, as provided in section 1-107(a) of Ex. Ord. No.
12188.
Exercise of authority available under this section by Director of
United States Information Agency see Ex. Ord. No. 10477, Aug. 1, 1953,
18 F.R. 4540 set out as a note under section 1472 of this title.
22 USC 2659. State statutes to be procured
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State shall procure from time to time such of the
statutes of the several States as may not be in his office.
(R.S. 206.)
R.S. 206 derived from act Sept. 23, 1789, No. 3, 1 Stat. 97.
Section was formerly classified to section 161 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Section 161 of former Title 5, Executive Departments and Government
Officers and Employees (now this section), under which the Secretary of
State was required to procure, from time to time, such of the statutes
of the several States as might not be in his office, was affected by
Reorg. Plan No. 20 of 1950, 2(a), eff. May 24, 1950, 15 F.R. 3178, 64
Stat. 1272, set out in Appendix to Title 5, Government Organization and
Employees, which abolished such prescribed duty. Such section 2(a)
further provided, however, that such abolition should not limit the
authority of the Secretary of State to procure copies of such State
statutes as may be needed in the performance of his functions.
22 USC 2660. Copies of treaties furnished to Public Printer
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State shall furnish to the Public Printer a correct
copy of every treaty between the United States and any foreign
government as soon as possible after it has been duly ratified and has
been proclaimed by the President; and also of every postal convention
made between the United States Postal Service, by and with the advice
and consent of the President, on the part of the United States and
foreign countries, as soon as possible after copies of such conventions
have been transmitted to him by the United States Postal Service.
(R.S. 210; June 20, 1874, ch. 328, 18 Stat. 88; 1950 Reorg. Plan
No. 20, 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272; Aug. 12,
1970, Pub. L. 91-375, 4(a), 84 Stat. 773.)
R.S. 210 derived from acts Mar. 9, 1868, ch. 22, 1, 15 Stat. 40;
June 8, 1872, ch. 335, 20, 17 Stat. 287.
Section was formerly classified to section 165 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
R.S. 210 and act June 20, 1874, cited as credits to this section,
were also cited as credits for section 191a of former Title 44 (enacted
as section 710 of Title 44 by Pub. L. 90-620, which enacted Title 44),
and were repealed by section 3 of Pub. L. 90-620. Section 2(a) of Pub.
L. 90-620 provided that the legislative purpose in enacting Title 44 was
to restate without substantive change the laws replaced by revised Title
44. Because revised section 710 of Title 44 did not restate those
provisions of R.S. 210 and act June 20, 1874 which appear in this
section, this section is not listed as having been repealed by section 3
of Pub. L. 90-620.
Functions under the former provisions of this section which required
the Secretary of State to furnish to the Public Printer a correct copy
of every act and joint resolution, as soon as possible after its
approval by the President, or after it has become a law in accordance
with the Constitution without such approval, were transferred to the
Administrator of General Services by Reorg. Plan No. 20 of 1950, set
out in the Appendix to Title 5, Government Organization and Employees.
Those provisions, as so amended, are set out as section 710 of Title 44,
Public Printing and Documents. The Reorg. Plan excepted, from the
transfer, those functions of the Secretary of State under this section
with respect to treaties and other international agreements.
''United States Postal Service'' substituted in text for ''Postmaster
General'' pursuant to section 4(a) of Pub. L. 91-375, set out as a note
under section 201 of Title 39, Postal Service, which abolished office of
Postmaster General of Post Office Department and transferred its
functions to United States Postal Service.
Duty of the Postal Service to transmit copies of postal conventions
to Secretary of State, see section 407 of Title 39, Postal Service.
22 USC 2661. Procurement of information for corporations, firms and
individuals; expense of cablegrams and telephone service involved;
appropriation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
On and after May 15, 1936, whenever the Secretary of State, in his
discretion, procures information on behalf of corporations, firms, and
individuals, the expense of cablegrams and telephone service involved
may be charged against the respective appropriations for the service
utilized; and reimbursement therefor shall be required from those for
whom the information was procured and, when made, be credited to the
appropriation under which the expenditure was charged.
The Secretary of State is authorized to accept reimbursement from
corporations, firms, and individuals for the expenses of travel,
translation, printing, special experts, and other extraordinary expenses
incurred in pursuing a claim on their behalf against a foreign
government or other foreign entity. Such reimbursements shall be
credited to the appropriation account against which the expense was
initially charged.
(May 15, 1936, ch. 405, 49 Stat. 1321; Dec. 22, 1987, Pub. L.
100-204, title I, 142(b), 101 Stat. 1350.)
Section was formerly classified to section 169 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1987 -- Pub. L. 100-204 inserted second par.
Section is from the Department of State Appropriation Act, 1937, act
May 15, 1936. Similar provisions were contained in the following prior
appropriation acts:
Mar. 22, 1935, ch. 39, 49 Stat. 76.
Apr. 7, 1934, ch. 104, title I, 48 Stat. 536.
Mar. 1, 1933, ch. 144, title I, 47 Stat. 1379.
July 1, 1932, ch. 361, title I, 47 Stat. 487.
Feb. 23, 1931, ch. 280, title I, 46 Stat. 1321.
Apr. 18, 1930, ch. 184, title I, 46 Stat. 174.
22 USC 2661a. Foreign contracts or arrangements; discrimination
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Information should not be disseminated about opportunities for, and
there should be no participation or other assistance by any officer or
employee of the Department of State (including the Agency for
International Development) in, the negotiation of any contract or
arrangement with a foreign country, individual, or entity, if --
(1) any United States person (as defined in section 7701(a)(30) of
title 26) is prohibited from entering into such contract or arrangement,
or
(2) such contract or arrangement requires that any such person be
excluded from participating in the implementation of such contract or
arrangement,
on account of the race, religion, national origin, or sex of such
person in the case of an individual or, in the case of a partnership,
corporation, association, or other entity, any officer, employee, agent,
director, or owner thereof.
(Pub. L. 94-350, title I, 121, July 12, 1976, 90 Stat. 829; Pub. L.
99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
1986 -- Par. (1). Pub. L. 99-514 substituted ''Internal Revenue Code
of 1986'' for ''Internal Revenue Code of 1954'', which for purposes of
codification was translated as ''title 26'' thus requiring no change in
text.
22 USC 2662. Establishment, maintenance, and operation of passport and
despatch agencies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State is authorized to establish, maintain, and
operate passport and despatch agencies.
(Aug. 1, 1956, ch. 841, title I, 1 (part), 70 Stat. 890, redesignated
title I and amended Aug. 24, 1982, Pub. L. 97-241, title II, 202(a), 96
Stat. 282.)
Section was formerly classified to section 170f of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Section is comprised of second sentence of section 1 of act Aug. 1,
1956. The first sentence of section 1, as added by Pub. L. 102-138, is
set out as a Short Title of 1956 Amendment note under section 2651 of
this title.
1982 -- Pub. L. 97-241 substituted ''The Secretary'' for ''That the
Secretary''.
Amendment by Pub. L. 97-241, effective Oct. 1, 1982, see section
204 of Pub. L. 97-241, set out as an Effective Date note under section
4301 of this title.
Similar provisions were contained in the following prior Department
of State Appropriation Acts:
June 20, 1956, ch. 414, title I, 70 Stat. 299.
July 7, 1955, ch. 279, title I, 69 Stat. 264.
July 2, 1954, ch. 456, title I, 68 Stat. 413.
Aug. 5, 1953, ch. 328, title I, 67 Stat. 367.
July 10, 1952, ch. 651, title I, 66 Stat. 549.
Oct. 22, 1951, ch. 533, title I, 65 Stat. 576.
Sept. 6, 1950, ch. 896, title I, 64 Stat. 609.
July 20, 1949, ch. 354, title I, 63 Stat. 448.
June 3, 1948, ch. 400, title I, 62 Stat. 306.
July 9, 1947, ch. 211, title I, 61 Stat. 279.
See, also, the Codification note set out under section 2663 of this
title.
22 USC 2663. Omitted
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, act July 5, 1946, ch. 541, title I, 60 Stat. 450, 451, the
Department of State Appropriation Act, 1947, related to compensation of
personnel and rent and expenses of despatch agencies established by
Secretary of State. See section 2662 of this title.
Section was formerly classified to section 153a of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Similar provisions were carried in the following prior Department of
State Appropriation Acts:
May 21, 1945, ch. 129, title I, 59 Stat. 173.
June 28, 1944, ch. 294, title I, 58 Stat. 399.
July 1, 1943, ch. 182, title I, 57 Stat. 275.
July 2, 1942, ch. 472, title I, 56 Stat. 473.
June 28, 1941, ch. 258, title I, 55 Stat. 268.
May 14, 1940, ch. 189, title I, 54 Stat. 185.
22 USC 2664. Distribution of duties of officers, clerks, and employees
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State may prescribe duties for the Assistant
Secretaries and the clerks of bureaus, as well as for all the other
employees in the department, and may make changes and transfers therein
when, in his judgment, it becomes necessary.
(June 20, 1874, ch. 328, 18 Stat. 90; May 24, 1924, ch. 182, 30, as
added Feb. 23, 1931, ch. 276, 7, 46 Stat. 1214.)
Section was formerly classified to section 154 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Provisions of this section which related to the Solicitor of the
Department were omitted in view of act May 24, 1924, which abolished the
office.
22 USC 2664a. Protection of Civil Service employees
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Findings
The Congress finds that --
(1) the effectiveness and efficiency of the Department of State is
dependent not only on the contribution of Foreign Service employees but
equally on the contribution of the 42 percent of the Department's
employees who are employed under the Civil Service personnel system;
(2) the contribution of these Civil Service employees has been
overlooked in the management of the Department and greater equality of
promotion, training, and career enhancement opportunities should be
accorded to the Civil Service employees of the Department; and
(3) a goal of the Foreign Service Act of 1980 (22 U.S.C. 3901 et
seq.) was to strengthen the contribution made by Civil Service employees
of the Department of State by creating a cadre of experienced
specialists and managers in the Department to provide essential
continuity.
(b) Equitable reduction of budget
The Secretary of State shall take all appropriate steps to assure
that the burden of cuts in the budget for the Department is not imposed
disproportionately or inequitably upon its Civil Service employees.
(c) Establishment of Office of the Ombudsman for Civil Service
Employees
There is established in the Office of the Secretary of State the
position of Ombudsman for Civil Service Employees. The position of
Ombudsman for Civil Service Employees shall be a career reserved
position within the Senior Executive Service. The Ombudsman for Civil
Service Employees shall report directly to the Secretary of State and
shall have the right to participate in all Management Council meetings
to assure that the ability of the Civil Service employees to contribute
to the achievement of the Department's mandated responsibilities and the
career interests of those employees are adequately represented. The
position of Ombudsman for Civil Service Employees shall be designated
from one of the Senior Executive Service positions (as defined in
section 3132(a)(2) of title 5) in existence on December 22, 1987.
(d) ''Civil Service employees'' defined
For purposes of this section, the term ''Civil Service employees''
means employees of the Federal Government except for members of the
Foreign Service (as defined in section 103 of the Foreign Service Act of
1980 (22 U.S.C. 3903)).
(Pub. L. 100-204, title I, 172, Dec. 22, 1987, 101 Stat. 1359.)
The Foreign Service Act of 1980, referred to in subsec. (a)(3), is
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is
classified principally to chapter 52 ( 3901 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 3901 of this title and Tables.
22 USC 2665. Personal services other than those provided for
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There shall not be employed in the Department of State or in
connection with said Department in the District of Columbia any personal
services other than those which shall be specifically authorized or
appropriated for.
(June 22, 1906, ch. 3514, 34 Stat. 402.)
Section was formerly classified to section 155 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
22 USC 2665a. Foreign Service fellowships
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State is authorized to establish a Foreign Service
fellowship program at the Department of State. The Foreign Service
fellowship program shall provide a fellowship, for not less than 4
months, for academics in the area of international affairs who are
members of the faculty of institutions of higher education. Such
program shall give priority consideration in the award of fellowships to
individuals teaching in programs in international affairs which serve
significant numbers of students who are from cultural and ethnic groups
which are underrepresented in the Foreign Service.
(Pub. L. 101-246, title I, 153(h), Feb. 16, 1990, 104 Stat. 44.)
22 USC 2666, 2667. Repealed. Pub. L. 99-93, title I, 125(c), Aug. 16,
1985, 99 Stat. 417
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section 2666, acts June 28, 1955, ch. 199, 1, 69 Stat. 188; Nov.
29, 1975, Pub. L. 94-141, title IV, 406, 89 Stat. 770, authorized
security officers of Department of State and Foreign Service to carry
firearms. See section 2709 of this title.
Section 2667, act June 28, 1955, ch. 199, 2, as added Aug. 27,
1964, Pub. L. 88-493, 4, 78 Stat. 610, empowered security officers of
Department of State and Foreign Service to make arrests without warrant.
See section 2709(a)(5) of this title.
22 USC 2668. Requisitions for advances to pay lawful obligations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization; accounting
Notwithstanding the provisions of any other law the Secretary of
State is authorized in his discretion to issue under the limitations and
restrictions hereinafter established requisitions for advances of funds
to disbursing officers of the Fiscal Service of the Treasury Department,
under a ''State account of advances'' not to exceed the total amount of
appropriations for the Department of State, the amounts so advanced to
be used exclusively to pay upon proper vouchers obligations lawfully
payable under the respective appropriations: Provided, That a separate
''State account of advances'' shall be established on the books of the
Treasury Department relating to appropriations made to the Department of
State for each fiscal year and that a ''State account of advances''
relating to the appropriations for one fiscal year shall not be used to
pay vouchers pertaining to the appropriations of any other fiscal year.
Expenditures from the amounts requisitioned under the ''State account of
advances'' shall be charged to applicable appropriations on the books of
the Treasury Department on the basis of transfer and counter warrants
prepared in the State Department as of the close of each month and prior
to audit, certification, or adjustment by the General Accounting Office.
The General Accounting Office shall subsequently declare the sums
finally due from the several appropriations upon audited vouchers
according to law and shall certify the same to the Treasury Department
which shall make the necessary adjustments between appropriations upon
the basis of such audited settlements of the General Accounting Office:
Provided further, That such adjustments shall be reflected on the books
of the Government in the month and fiscal year during which the audited
settlements are certified to the Treasury.
(b) Removal of outstanding charges
A charge outstanding in the ''State account of advances'' shall be
removed by crediting the account of advances and deducting the amount of
the charge from an appropriation made available for advances to the
Department of State when --
(1) relief has been granted or may be granted later to a disbursing
official or agent of the Department operating under the account of
advances and under a law having no provision for removing charges
outstanding in the account of advances; or
(2) the charge has been --
(A) outstanding in the account of advances for 2 complete fiscal
years; and
(B) certified by the Secretary of State to the Comptroller General as
uncollectable.
(c) Financial liability of disbursing agent or official
Subsection (b) of this section does not affect the financial
liability of a disbursing official or agent.
(Apr. 25, 1940, ch. 154, 54 Stat. 163; 1940 Reorg. Plan No. III, 1(
a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Sept. 13, 1982,
Pub. L. 97-258, 2(e), 96 Stat. 1059.)
Section was formerly classified to section 170 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
In subsec. (a), ''Fiscal Service of the Treasury Department''
substituted for ''Division of Disbursement, Treasury Department'' on
authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff.
June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to
Title 5, Government Organization and Employees, which consolidated such
division into the Fiscal Service of the Treasury Department. See
section 306 of Title 31, Money and Finance.
1982 -- Pub. L. 97-258 redesignated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
22 USC 2668a. Disposition of trust funds received from foreign
governments for citizens of United States
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
All moneys received by the Secretary of State from foreign
governments and other sources, in trust for citizens of the United
States or others, shall be deposited and covered into the Treasury.
The Secretary of State shall determine the amounts due claimants,
respectively, from each of such trust funds, and certify the same to the
Secretary of the Treasury, who shall, upon the presentation of the
certificates of the Secretary of State, pay the amounts so found to be
due.
Each of the trust funds covered into the Treasury as aforesaid is
appropriated for the payment to the ascertained beneficiaries thereof of
the certificates provided for in this section.
(Feb. 27, 1896, ch. 34, 29 Stat. 32.)
Section was formerly classified to section 547 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
Funds to be classified on books of Treasury as trust funds, see
section 1321 of Title 31, Money and Finance.
22 USC 2669. Printing and binding outside continental United States;
settlement and payment of claims by foreign governments; employment of
aliens; official functions and courtesies; purchase of uniforms;
payment of tort claims; payment of assumed obligations in Germany;
telecommunications services; security
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State may use funds appropriated or otherwise
available to the Secretary to --
(a) provide for printing and binding outside the States of the United
States and the District of Columbia without regard to section 501 of
title 44;
(b) for the purpose of promoting and maintaining friendly relations
with foreign countries through the prompt settlement of certain claims,
settle and pay any meritorious claim against the United States which is
presented by a government of a foreign country for damage to or loss of
real or personal property of, or personal injury to or death of, any
national of such foreign country: Provided, That such claim is not
cognizable under any other statute or international agreement of the
United States and can be settled for not more than $15,000 or the
foreign currency equivalent thereof;
(c) employ individuals or organizations, by contract, for services
abroad, and individuals employed by contract to perform such services
shall not by virtue of such employment be considered to be employees of
the United States Government for purposes of any law administered by the
Office of Personnel Management (except that the Secretary may determine
the applicability to such individuals of subsection (f) of this section
and of any other law administered by the Secretary concerning the
employment of such individuals abroad);
(d) provide for official functions and courtesies;
(e) purchase uniforms;
(f) pay tort claims, in the manner authorized in the first paragraph
of section 2672, as amended, of title 28, when such claims arise in
foreign countries in connection with Department of State operations
abroad;
(g) obtain services as authorized by section 3109 of title 5 at a
rate not to exceed the maximum rate payable for GS-18 under section 5332
of such title 5;
(h) directly procure goods and services in the United States or
abroad, solely for use by United States Foreign Service posts abroad
when the Secretary of State, in accordance with guidelines established
in consultation with the Administrator of General Services, determines
that use of the Federal Supply Service or otherwise applicable Federal
goods and services acquisition authority would not meet emergency
overseas security requirements determined necessary by the Secretary,
taking into account overseas delivery, installation, maintenance, or
replacement requirements, except that the authority granted by this
paragraph shall cease to be effective when the amendment made by section
2711 of the Competition in Contracting Act of 1984 takes effect and
thereafter procurement by the Secretary of State for the purposes
described in this paragraph shall be in accordance with section 253(c)(
2) of title 41;
(i) pay obligations assumed in Germany on or after June 5, 1945;
(j) provide telecommunications services;
(k) provide maximum physical security in Government-owned and leased
properties and vehicles abroad; and
(l) purchase special purpose passenger motor vehicles without regard
to any price limitation otherwise established by law.
(l) /1/ pay obligations arising under international agreements,
conventions, and binational contracts to the extent otherwise authorized
by law.
(Aug. 1, 1956, ch. 841, title I, 2, 70 Stat. 890; July 12, 1960,
Pub. L. 86-624, 2, 74 Stat. 411; Sept. 6, 1960, Pub. L. 86-707, title
V, 511(a)(2), 74 Stat. 800; Aug. 1, 1962, Pub. L. 87-565, pt. IV, 402,
76 Stat. 263; redesignated title I, Aug. 24, 1982, Pub. L. 97-241,
title II, 202(a), 96 Stat. 282; Oct. 19, 1984, Pub. L. 98-533, title
III, 303(a), 98 Stat. 2710; Aug. 16, 1985, Pub. L. 99-93, title I, 114,
118(a) 99 Stat. 411, 412; Feb. 16, 1990, Pub. L. 101-246, title I, 111,
104 Stat. 21; Mar. 27, 1991, Pub. L. 102-20, 4, 105 Stat. 68; Oct. 28,
1991, Pub. L. 102-138, title I, 120, 105 Stat. 658.)
The effective date of the amendment made by section 2711 of the
Competition in Contracting Act of 1984, referred to in subsec. (h), is
the effective date of section 2711 of title VII of Pub. L. 98-369, div.
B, July 18, 1984, 98 Stat. 1175, 1203, which amended section 253 of
Title 41, Public Contracts, applicable with respect to any solicitation
for bids or proposals issued after Mar. 31, 1985. See section 2751(a)
of Pub. L. 98-369, set out as an Effective Date of 1984 Amendment note
under section 251 of Title 41.
In subsec. (a), ''section 501 of title 44'' substituted for
''section 11 of the Act of March 1, 1919 (44 U.S.C. 111)'' on authority
of Pub. L. 90-620, 2(b), Oct. 22, 1968, 82 Stat. 1305, the first
section of which enacted Title 44, Public Printing and Documents.
Section was formerly classified to section 170g of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1991 -- Subsec. (l). Pub. L. 102-138 added subsec. (l) relating to
paying obligations arising under international agreements, conventions,
and binational contracts.
Pub. L. 102-20 added subsec. (l) relating to purchase of special
purpose passenger motor vehicles.
1990 -- Subsecs. (i) to (k). Pub. L. 101-246 added subsecs. (i) to
(k).
1985 -- Pub. L. 99-93, 114, in provision preceding subsec. (a)
substituted ''may use funds appropriated or otherwise available to the
Secretary to'' for '', when funds are appropriated therefor, may''.
Subsec. (c). Pub. L. 99-93, 118(a), inserted ''for purposes of any
law administered by the Office of Personnel Management (except that the
Secretary may determine the applicability to such individuals of
subsection (f) of this section and of any other law administered by the
Secretary concerning the employment of such individuals abroad)''.
1984 -- Subsec. (c). Pub. L. 98-533, 303(a)(1), substituted
''individuals or organizations'' for ''aliens'' after ''employ'', and
'', and individuals employed by contract to perform such services shall
not by virtue of such employment be considered to be employees of the
United States Government''.
Subsecs. (g), (h). Pub. L. 98-533, 303(a)(2), added subsecs. (g) and
(h).
1962 -- Subsec. (b). Pub. L. 87-565 added subsec. (b). A prior
subsec. (b) was repealed by section 511(a)(2) of Pub. L. 86-707.
1960 -- Subsec. (a). Pub. L. 86-624 substituted ''the States of the
United States and the District of Columbia'' for ''the continental
United States''.
Subsec. (b). Pub. L. 86-707 repealed subsec. (b) which authorized
the Secretary to pay the cost of transportation to and from a place of
storage and the cost of storing the furniture and household and personal
effects of an employee who is assigned to a post at which he is unable
to use his furniture and effects, and is now covered by section 1136(4)
of this title.
Section 118(b) of Pub. L. 99-93 provided that: ''Authority provided
by the amendment made by subsection (a) (amending this section) shall
only apply with respect to funds appropriated after the date of the
enactment of this Act (Aug. 16, 1985).''
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
/1/ So in original. Probably should be ''(m)''.
22 USC 2670. Insurance on motor vehicles in foreign countries; tie
lines and teletype equipment; ice and drinking water; excise taxes on
negotiable instruments; remains of deceased persons; relief,
protection, and burial of seamen; acknowledgement of services of
foreign vessels and aircraft; rentals and leases
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State is authorized to --
(a) obtain insurance on official motor vehicles operated by the
Department of State in foreign countries, and pay the expenses incident
thereto;
(b) rent tie lines and teletype equipment;
(c) provide ice and drinking water for United States Embassies and
Consulates abroad;
(d) pay excise taxes on negotiable instruments which are negotiated
by the Department of State abroad;
(e) Omitted;
(f) pay expenses incident to the relief, protection, and burial of
American seamen, and alien seamen from United States vessels in foreign
countries and in the United States Territories and possessions;
(g) pay the expenses incurred in the acknowledgment of the services
of officers and crews of foreign vessels and aircraft in rescuing
American seamen, airmen, or citizens from shipwreck or other catastrophe
abroad or at sea;
(h) rent or lease, for periods of less than ten years, such offices,
buildings, grounds, and living quarters for the use of the Foreign
Service abroad as he may deem necessary, and make payments therefor in
advance;
(i) maintain, improve, and repair properties rented or leased
pursuant to authority contained in subsection (h) of this section and
furnish fuel, water, and utilities for such properties;
(j) provide emergency medical attention and dietary supplements, and
other emergency assistance, for United States citizens incarcerated
abroad or destitute United States citizens abroad who are unable to
obtain such services otherwise, such assistance to be provided on a
reimbursable basis to the extent feasible;
(k) subject to the availability of appropriated funds, obtain
insurance on the historic and artistic articles of furniture, fixtures,
and decorative objects which may from time-to-time be within the
responsibility of the Fine Arts Committee of the Department of State for
the Diplomatic Rooms of the Department; and
(l) make payments in advance, of the United States share of necessary
expenses for international fisheries commissions, from appropriations
available for such purpose.
(Aug. 1, 1956, ch. 841, title I, 3, 70 Stat. 890; June 15, 1977,
Pub. L. 95-45, 2, 91 Stat. 221; 1977 Reorg. Plan No. 2, 9(a)(7), 42 F.
R. 62461, 91 Stat. 1639; Oct. 7, 1978, Pub. L. 95-426, title I, 108(
a), 92 Stat. 966; redesignated title I, Aug. 24, 1982, Pub. L. 97-241,
title II, 202(a), 96 Stat. 282; Dec. 22, 1987, Pub. L. 100-204, title
I, 126(b), 101 Stat. 1342; Oct. 28, 1991, Pub. L. 102-138, title I,
166, 105 Stat. 676.)
Section was formerly classified to section 170h of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Subsec. (e) of this section, relating to the payment of the actual
expenses of preparing and transporting to their former homes the remains
of persons, not United States Government employees, who die away from
their homes while participating in international educational exchange
activities under the jurisdiction of the Department of State, was
omitted pursuant to Reorg. Plan No. 2 of 1977, 9(a)(7), 42 F.R.
62461, 91 Stat. 1639, set out under section 1461 of this title,
effective on or before July 1, 1978, at such time as specified by the
President, which abolished the functions of the Secretary of State under
subsec. (e).
1991 -- Subsec. (l). Pub. L. 102-138 added subsec. (l).
1987 -- Subsec. (k). Pub. L. 100-204 added subsec. (k).
1978 -- Subsec. (j). Pub. L. 95-426 inserted ''or destitute United
States citizens abroad'' after ''incarcerated abroad''.
1977 -- Subsec. (j). Pub. L. 95-45 added subsec. (j).
Section 108(b) of Pub. L. 95-426 provided that: ''The amendment
made by this section (amending this section) shall take effect on
October 1, 1978.''
22 USC 2671. Emergency expenditures
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Delegation of authority pertaining to certification of
expenditures
The Secretary of State is authorized to --
(1) subject to subsection (b) of this section, make expenditures,
from such amounts as may be specifically appropriated therefor, for
unforeseen emergencies arising in the diplomatic and consular service
and, to the extent authorized in appropriation Acts, funds expended for
such purposes may be accounted for in accordance with section 3526(e) of
title 31; and
(2) delegate to subordinate officials the authority vested in him by
section 3526(e) of title 31 pertaining to certification of expenditures.
(b) Activities subject to expenditures
(1) Expenditures described under subsection (a) of this section shall
be made only for such activities as --
(A) serve to further the realization of foreign policy objectives;
(B) are a matter of urgency to implement;
(C) with respect to activities the expenditures for which are
required to be certified under subsection (a) of this section, require
confidentiality in the best interests of the conduct of foreign policy
by the United States; and
(D) are not otherwise prohibited by law.
(2) Activities described in paragraph (1) include --
(A) the evacuation of United States Government employees and their
dependents and private United States citizens when their lives are
endangered by war, civil unrest, or natural disaster;
(B) loans made to destitute citizens of the United States who are
outside the United States and made to provide for the return to the
United States of its citizens;
(C) visits by foreign chiefs of state or heads of government to the
United States;
(D) travel of delegations representing the President at any
inauguration or funeral of a foreign dignitary;
(E) travel of the President, the Vice President, or a Member of
Congress to a foreign country, including advance arrangements, escort,
and official entertainment;
(F) travel of the Secretary of State within the United States and
outside the United States, including official entertainment;
(G) official representational functions of the Secretary of State and
other principal officers of the Department of State;
(H) official functions outside the United States the expenses for
which are not otherwise covered by amounts appropriated for
representation allowances;
(I) investigations and apprehension of groups or individuals involved
in fraudulent issuance of United States passports and visas; and
(J) gifts of nominal value given by the President, Vice President, or
Secretary of State to a foreign dignitary.
(c) Annual confidential audit and report
The Inspector General of the Department of State and the Foreign
Service shall conduct an annual confidential audit of the Department of
State's emergency expenditures and prepare and transmit to the Speaker
of the House of Representatives and the Committee on Foreign Relations
of the Senate an annual report indicating whether such expenditures were
made in accordance with subsections (a) and (b) of this section.
(d) Repatriation loan program
With regard to the repatriation loan program, the Secretary of State
shall --
(1) require the borrower to provide a verifiable address and social
security number at the time of application;
(2) require a written loan agreement which includes a repayment
schedule;
(3) bar passports from being issued or renewed for those individuals
who are in default;
(4) refer any loan more than one year past due to the Department of
Justice for litigation;
(5) obtain addresses from the Internal Revenue Service for all
delinquent accounts which have social security numbers;
(6) report defaults to commercial credit bureaus as provided in
section 3711(f) of title 31;
(7) be permitted to use any funds necessary to contract with
commercial collection agencies, notwithstanding section 3718(c) /1/ of
title 31;
(8) charge interest on all loans as of May 1, 1983, with the rate of
interest to be that set forth in section 3717(a) of title 31;
(9) assess charges, in addition to the interest provided for in
paragraph (8), to cover the costs of processing and handling delinquent
claims, as of May 1, 1983;
(10) assess a penalty charge, in addition to the interest provided
for in paragraphs (8) and (9), of 6 per centum per year for failure to
pay any portion of a debt more than ninety days past due; and
(11) implement the interest and penalty provisions in paragraphs (8),
(9), and (10) for all current and future loans, regardless of whether
the debts were incurred before or after May 1, 1983.
(Aug. 1, 1956, ch. 841, title I, 4, 70 Stat. 890; redesignated title
I, Aug. 24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282; Nov.
22, 1983, Pub. L. 98-164, title I, 122(a), 97 Stat. 1023.)
Section 3718(c) of title 31, referred to in subsec. (d)(7), was
temporarily redesignated section 3718(e) of title 31 by Pub. L.
99-578, 1(1), Oct. 28, 1986, 100 Stat. 3305.
In subsec. (a), ''section 3526(e) of title 31'' substituted for
''section 291 of the Revised Statutes (31 U.S.C. 107)'' on authority of
Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
section of which enacted Title 31, Money and Finance.
Section was formerly classified to section 170i of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1983 -- Pub. L. 98-164 designated existing provisions as subsec.
(a), redesignated former pars. (a) and (b) as pars. (1) and (2),
respectively, in par. (1) inserted reference to subsec. (b), and added
subsecs. (b) to (d).
/1/ See References in Text note below.
22 USC 2672. Participation in international activities; restriction;
expenses
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State is authorized to --
(a) provide for participation by the United States in international
activities which arise from time to time in the conduct of foreign
affairs for which provision has not been made by the terms of any
treaty, convention, or special Act of Congress: Provided, That this
subsection shall not be construed as granting authority to accept
membership for the United States in any international organization, or
to participate in the activities of any international organization for
more than one year without approval by the Congress; and
(b) pay the expenses of participation in activities in which the
United States participates by authority of subsection (a) of this
section, including, but not limited to the following:
(1) Employment of aliens;
(2) Travel expenses without regard to the Standardized Government
Travel Regulations and to the rates of per diem allowances in lieu of
subsistence expenses under subchapter I of chapter 57 of title 5;
(3) Travel expenses of persons serving without compensation in an
advisory capacity while away from their homes or regular places of
business not in excess of those authorized for regular officers and
employees traveling in connection with said international activities;
and
(4) Rental of quarters by contract or otherwise.
(Aug. 1, 1956, ch. 841, title I, 5, 70 Stat. 891; redesignated title
I, Aug. 24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
In subsec. (b)(2), ''subchapter I of chapter 57 of title 5''
substituted for ''the Travel Expense Act of 1949, as amended (5 U.S.C.
835-842),'' on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80
Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees.
Section was formerly classified to section 170j of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
22 USC 2672a. Alternate United States Commissioners for international
fisheries commissions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In order to insure appropriate representation at meetings of
international fisheries commissions, the Secretary of State, in
consultation with the Secretary of Commerce or of the Interior as
appropriate may designate from time to time Alternate United States
Commissioners to the North Pacific Fur Seal Commission, the
Inter-American Tropical Tuna Commission, the International Pacific
Halibut Commission, the International Whaling Commission, the Commission
for the Conservation of Shrimp in the Eastern Gulf of Mexico, the
International Commission for the Conservation of Atlantic Tunas, and any
similar commission (other than the International Commission for the
Northwest Atlantic Fisheries and the International North Pacific
Fisheries Commission) established pursuant to a convention between the
United States and other governments. Alternate United States
Commissioners may exercise, at any meeting of the respective Commission
or of the United States Section thereof, all powers and duties of a
United States Commissioner in the absence of a duly designated
Commissioner for whatever reason. The number of such Alternate United
States Commissioners that may be designated for any such meeting shall
be limited to the number of authorized United States Commissioners that
will not be present. In the event that there are Deputy United States
Commissioners pursuant to the convention or statute, such Deputy United
States Commissioners shall have precedence over any Alternate
Commissioners so designated pursuant to this section.
(Pub. L. 92-471, title II, 201, Oct. 9, 1972, 86 Stat. 787; Pub. L.
99-659, title IV, 405(c), Nov. 14, 1986, 100 Stat. 3738.)
1986 -- Pub. L. 99-659 struck out ''the Great Lakes Fishery
Commission,'' after ''the International Pacific Halibut Commission,''.
22 USC 2672b. Compensation of Alternate United States Commissioners;
travel expenses and other allowances
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Alternate United States Commissioners shall receive no compensation
for their services. They may be paid travel expenses and per diem in
lieu of subsistence at the rates authorized by section 5703 of title 5
when engaged in the performance of their duties.
(Pub. L. 92-471, title II, 202, Oct. 9, 1972, 86 Stat. 787.)
22 USC 2673. International Civil Aviation Organization; availability
of funds for participation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The provisions of section 287e of this title, and regulations
thereunder, applicable to expenses incurred pursuant to sections 287 to
287e of this title, may be applicable to the obligation and expenditure
of funds in connection with United States participation in the
International Civil Aviation Organization.
(Aug. 1, 1956, ch. 841, title I, 6, 70 Stat. 891; redesignated title
I, Aug. 24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
Section was formerly classified to section 170k of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Annual appropriations to meet the obligations of membership in
various international organizations were contained in acts listed in a
note set out under section 269a of this title.
22 USC 2674. Availability of exchange allowances or proceeds derived
from exchange or sale of motor vehicles
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The exchange allowances or proceeds derived from the exchange or sale
of passenger motor vehicles in possession of the Foreign Service abroad,
in accordance with section 481(c) of title 40, shall be available
without fiscal year limitation for replacement of an equal number of
such vehicles.
(Aug. 1, 1956, ch. 841, title I, 7, 70 Stat. 891; redesignated title
I, Aug. 24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
Section was formerly classified to section 170l of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
22 USC 2675. Allocation or transfer to other agencies of funds
appropriated to Department of State; authority for expenditure of funds
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State may allocate or transfer to any department,
agency, or independent establishment of the United States Government
(with the consent of the head of such department, agency, or
establishment) any funds appropriated to the Department of State, for
direct expenditure by such department, agency, or independent
establishment for the purposes for which the funds were appropriated in
accordance with authority granted in this Act or under authority
governing the activities of such department, agency, or independent
establishment.
(Aug. 1, 1956, ch. 841, title I, 8, 70 Stat. 891; redesignated title
I, Aug. 24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282; Nov.
22, 1983, Pub. L. 98-164, title I, 121, 97 Stat. 1023.)
This Act, referred to in text, is act Aug. 1, 1956, ch. 841, 70
Stat. 890, as amended, known as the State Department Basic Authorities
Act of 1956, which enacted sections 2662, 2669 to 2672, 2673 to 2680a,
2684, 2687 to 2692, 2695 to 2712, and 4301 to 4314 of this title. For
complete classification of this Act to the Code, see Short Title of 1956
Amendment note set out under section 2651 of this title and Tables.
Section was formerly classified to section 170m of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1983 -- Pub. L. 98-164 amended section generally, substituting
provisions relating to allocation or transfer of funds and authority for
expenditure of funds for provisions relating to transfer of funds.
22 USC 2676. Contracts in foreign countries
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State is authorized to enter into contracts in
foreign countries involving expenditures from funds appropriated or
otherwise made available to the Department of State, without regard to
the provisions of section 22 of title 41: Provided, That nothing in
this section shall be construed to waive the provisions of section 431
of title 18.
(Aug. 1, 1956, ch. 841, title I, 9, 70 Stat. 891; redesignated title
I, Aug. 24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
Section was formerly classified to section 170n of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
22 USC 2677. Availability of funds for travel expenses and
transportation of personal effects, household goods, or automobiles
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Appropriated funds made available to the Department of State for
expenses in connection with travel of personnel outside the continental
United States, including travel of dependents and transportation of
personal effects, household goods, or automobiles of such personnel
shall be available for such expenses when any part of such travel or
transportation begins in one fiscal year pursuant to travel orders
issued in that year, notwithstanding the fact that such travel or
transportation may not be completed during that same fiscal year.
(Aug. 1, 1956, ch. 841, title I, 10, 70 Stat. 891; redesignated
title I, Aug. 24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat.
282.)
Section was formerly classified to section 170o of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
22 USC 2678. Reduction in earmarks if appropriations are less than
authorizations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
If the amount appropriated (or made available in the event of a
sequestration order issued pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177; 2 U.S.C. 901 et seq.))
for a fiscal year pursuant to any authorization of appropriations
provided by an Act other than an appropriation Act is less than the
authorization amount and a provision of that Act provides that a
specified amount of the authorization amount shall be available only for
a certain purpose, then the amount so specified shall be deemed to be
reduced for that fiscal year to the amount which bears the same ratio to
the specified amount as the amount appropriated (or made available in
the event of sequestration) bears to the authorization amount.
(Aug. 1, 1956, ch. 841, title I, 11, as added Feb. 16, 1990, Pub. L.
101-246, title I, 106, 104 Stat. 20.)
The Balanced Budget and Emergency Deficit Control Act of 1985,
referred to in text, is title II of Pub. L. 99-177, Dec. 12, 1985, 99
Stat. 1038, as amended, which is classified principally to chapter 20 (
901 et seq.) of Title 2, The Congress. For complete classification of
this Act to the Code, see Short Title note set out under section 901 of
Title 2 and Tables.
A prior section 2678, acts Aug. 1, 1956, ch. 841, title I, 11, 70
Stat. 892; Sept. 8, 1960, Pub. L. 86-723, 50, 74 Stat. 847;
redesignated title I, Aug. 24, 1982, Pub. L. 97-241, title II, 202(
a), 96 Stat. 282; Oct. 19, 1984, Pub. L. 98-533, title III, 303(b),
98 Stat. 2711, which related to use of Government-owned vehicles for
security purposes for travel by the Deputy Secretary of State, was
repealed by Pub. L. 99-550, 2(d), Oct. 27, 1986, 100 Stat. 3070.
22 USC 2679. Maximum rates of per diem in lieu of subsistence payable
to foreign participants in exchange of persons program or in program of
furnishing technical information and assistance
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State, with the approval of the Office of Management
and Budget, shall prescribe the maximum rates of per diem in lieu of
subsistence (or of similar allowances therefor) payable while away from
their own countries to foreign participants in any exchange of persons
program, or in any program of furnishing technical information and
assistance, under the jurisdiction of any Government agency, and said
rates may be fixed without regard to any provision of law in limitation
thereof.
(Aug. 1, 1956, ch. 841, title I, 12, 70 Stat. 892; 1970 Reorg. Plan
No. 2, 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085;
redesignated title I, Aug. 24, 1982, Pub. L. 97-241, title II, 202(a),
96 Stat. 282.)
Section was formerly classified to section 170q of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Functions vested by law (including reorganization plan) in Bureau of
the Budget or Director of Bureau of the Budget transferred to President
by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35
F.R. 7959, 84 Stat. 2085. Section 102 of Reorg. Plan No. 2 of 1970
redesignated Bureau of the Budget as Office of Management and Budget and
offices of Director, Deputy Director, and Assistant Directors of Bureau
of the Budget as Director, Deputy Director, and Assistant Directors,
respectively, of Office of Management and Budget. Section 103 of Reorg.
Plan No. 2 of 1970 transferred all records, property, personnel, and
funds of Bureau to Office of Management and Budget. See Part I of
Reorganization Plan No. 2 of 1970, set out in the Appendix to Title 5,
Government Organization and Employees.
Authority of Secretary of State under this section to prescribe
certain maximum rates of per diem in lieu of subsistence (or of similar
allowances therefor), without the approval, ratification, or other
action of President, delegated to Secretary of State, see section 4 of
Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note
under section 301 of Title 3, The President.
22 USC 2679a. Procurement contracts
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Funding for periods not in excess of five years; conditions
Any contract for the procurement of property or services, or both,
for the Department of State or the Foreign Service which is funded on
the basis of annual appropriations may nevertheless be made for periods
not in excess of 5 years when --
(1) appropriations are available and adequate for payment for the
first fiscal year and for all potential cancellation costs; and
(2) the Secretary of State determines that --
(A) the need of the Government for the property or service being
acquired over the period of the contract is reasonably firm and
continuing;
(B) such a contract will serve the best interests of the United
States by encouraging effective competition or promoting economies in
performance and operation; and
(C) such a method of contracting will not inhibit small business
participation.
(b) Cancellation of contracts
In the event that funds are not made available for the continuation
of such a contract into a subsequent fiscal year, the contract shall be
cancelled and any cancellation costs incurred shall be paid from
appropriations originally available for the performance of the contract,
appropriations currently available for the acquisition of similar
property or services and not otherwise obligated, or appropriations made
for such cancellation payments.
(Aug. 1, 1956, ch. 841, title I, 14, as added and redesignated title
I, Aug. 24, 1982, Pub. L. 97-241, title I, 121, title II, 202( a), 96
Stat. 280, 282.)
A prior section 2679a, acts Aug. 1, 1956, ch. 841, 14, as added
Oct. 26, 1974, Pub. L. 93-475, 10(a)-(d), 88 Stat. 1441, and amended
Nov. 29, 1975, Pub. L. 94-141, title IV, 407(a), 89 Stat. 771; Aug.
17, 1977, Pub. L. 95-105, title IV, 410(a), 91 Stat. 854, which set
forth provisions respecting death guaranties for certain Foreign Service
personnel, was repealed by Pub. L. 96-465, title II, 2205(10), Oct.
17, 1980, 94 Stat. 2160. Repeal effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title. See section 3973
of this title.
Another prior section 14 of act Aug. 1, 1956, which was classified
to section 170s of former Title 5, Executive Departments and Government
Officers and Employees, was repealed by Pub. L. 86-707, title V, 511(
a)(2), Sept. 6, 1960, 74 Stat. 800. See section 5922(b) of Title 5,
Government Organization and Employees.
22 USC 2679b. Prohibition against fraudulent use of ''Made in America''
labels
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
If it has been finally determined by a court or Federal agency that a
person intentionally affixed a label bearing a ''Made in America''
inscription, or any inscription with the same meaning, to any product
sold in or shipped to the United States that is not made in the United
States, that person shall be ineligible to receive any contract or
subcontract from the Department of State, pursuant to the debarment,
suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of
title 48, Code of Federal Regulations.
(Pub. L. 102-138, title I, 195, Oct. 28, 1991, 105 Stat. 684.)
22 USC 2680. Appropriations for State Department; information to
Congressional committees
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a)(1) Notwithstanding any provision of law enacted before October
26, 1974, no money appropriated to the Department of State under any law
shall be available for obligation or expenditure with respect to any
fiscal year commencing on or after July 1, 1972 --
(A) unless the appropriation thereof has been authorized by law
enacted on or after February 7, 1972; or
(B) in excess of an amount prescribed by law enacted on or after such
date.
(2) To the extent that legislation enacted after the making of an
appropriation to the Department of State authorizes the obligation or
expenditure thereof the limitation contained in paragraph (1) shall have
no effect.
(3) The provisions of this section --
(A) shall not be superseded except by a provision of law enacted
after February 7, 1972, which specifically repeals, modifies, or
supersedes the provisions of this section; and
(B) shall not apply to, or affect in any manner, permanent
appropriations, trust funds, and other similar accounts administered by
the Department as authorized by law.
(b) The Department of State shall keep the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives fully and currently informed with respect to
all activities and responsibilities within the jurisdiction of these
committees. Any Federal department, agency, or independent
establishment shall furnish any information requested by either such
committee relating to any such activity or responsibility.
(Aug. 1, 1956, ch. 841, title I, 15, 70 Stat. 892; Feb. 7, 1972,
Pub. L. 92-226, pt. IV, 407(b), 86 Stat. 35; July 13, 1972, Pub. L.
92-352, title I, 102, 86 Stat. 490; Oct. 26, 1974, Pub. L. 93-475, 11,
88 Stat. 1442; H. Res. 163, Mar. 19, 1975; redesignated title I, Aug.
24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
Section was formerly classified to section 170t of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1974 -- Subsec. (a). Pub. L. 93-475 incorporated existing provisions
into par. (1) preceding subpar. (A), and par. 3(B), added pars.
(1)(A), (B), (2), and (3)(A), and substituted ''enacted before October
26, 1974, no money appropriated to the Department of State under any law
shall be available for obligation or expenditure with respect to any
fiscal year commencing on or after July 1, 1972'' of '', no
appropriation shall be made to the Department of State under any law for
any fiscal year commencing on or after July 1, 1972, unless previously
authorized by legislation hereafter enacted by the Congress.'', in par.
(1) preceding subpar. (A), and ''section'' for ''subsection'' in par.
(3).
1972 -- Subsec. (a). Pub. L. 92-352 inserted provisions that this
subsection shall not apply to, or affect in any manner, permanent
appropriations, trust funds, and other similar accounts administered by
the Department as authorized by law.
Pub. L. 92-226 substituted provisions constituting subsecs. (a) and
(b) and prohibiting any State Department appropriation on and after July
1, 1972, without a prior congressional legislative authorization, and
requiring the State Department and Federal agencies to furnish
information to congressional committees for former provisions
constituting the entire section and authorizing and making
appropriations available for the State Department.
Pub. L. 101-513, title V, 581, Nov. 5, 1990, 104 Stat. 2046,
provided that: ''The Congress finds that, as is the case with most
domestic programs, overall constraints on the Federal budget will have a
significant impact on the ability of the United States Government to
meet program requirements in the coming years. Therefore, in order to
assist the Congress to make the difficult policy choices attendant to
budget shortfalls, the Congressional Presentation Documents of
departments and agencies included within this Act (see Tables for
classification) shall contain funding projections for each of its major
program components for each of the three years following the year for
which new budget or other authority is being requested. The
requirements of this section shall be effective for the Congressional
Presentation Documents submitted for the fiscal year 1992.''
Pub. L. 100-204, title I, 124, Dec. 22, 1987, 101 Stat. 1341, as
amended by Pub. L. 102-138, title I, 114, Oct. 28, 1991, 105 Stat.
655, provided that: ''The Secretary of State shall provide to the
Committee on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives within 30 days after the
end of each quarter of the fiscal year a complete report, including
amount, payee, and purpose, of all expenditures made from the
appropriation for 'Emergencies in the Diplomatic and Consular Service'
for that quarter. Items included in each such report concerning
representation, official travel, and gifts shall be submitted in
unclassified form.''
Pub. L. 95-426, title I, 122, Oct. 7, 1978, 92 Stat. 970, as
amended by Pub. L. 97-241, title V, 505(a)(2), (b)(1), Aug. 24, 1982,
96 Stat. 299, provided that: ''The Congress finds that --
''(1) international political, economic, and other studies prepared
systematically by analysts of the Department of State as needed
background information for executive branch policymakers could be
similarly valuable to the Committee on International Relations (now
Foreign Affairs) of the House of Representatives and the Committee on
Foreign Relations of the Senate in fulfilling their responsibilities;
and
''(2) a formal information-sharing arrangement between the Department
of State and such congressional committees could therefore serve the
national interest, provided that controls on dissemination are
established which insure that neither the process of analysis nor
necessary confidentiality is jeopardized.''
Appropriations
Section 407(a) of Pub. L. 92-226 provided that: ''It is the purpose
of this section (amending sections 1476, 2680, and 2684 of this title)
to enable the Congress generally, and the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House of
Representatives in particular, to carry out the purposes and intent of
the Legislative Reorganization Act of 1946 and 1970 (see Short Title
notes set out under section 72a of Title 2, The Congress), with respect
to --
''(1) the analysis, appraisal, and evaluation of the application,
administration, and execution of the laws relating to the Department of
State and the United States Information Agency and of matters relating
to the foreign relations of the United States; and
''(2) providing periodic authorizations of appropriations for that
Department and Agency.''
22 USC 2680-1. Deadline for responses to questions from congressional
committees
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) In general
An officer or employee of the Department of State to whom a written
or oral question is addressed by any member of a committee specified in
subsection (b) of this section, acting within his official capacity,
shall respond to such question within 21 days unless the Secretary of
State submits a letter to such member explaining why a timely response
cannot be made.
(b) Specified committees
The committees referred to in subsection (a) of this section are the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(Pub. L. 102-138, title I, 196, Oct. 28, 1991, 105 Stat. 684.)
22 USC 2680a. Compensation for disability or death
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section 1651 of title 42 shall not apply with respect to such
contracts as the Secretary of State may determine which are contracts
with persons employed to perform work for the Department of State or the
Foreign Service on an intermittent basis for not more than 90 days in a
calendar year.
(Aug. 1, 1956, ch. 841, title I, 16, as added and redesignated title
I, Aug. 24, 1982, Pub. L. 97-241, title I, 122, title II, 202( a), 96
Stat. 281, 282.)
A prior section 2680a, acts Aug. 1, 1956, ch. 841, 16, as added
Oct. 26, 1974, Pub. L. 93-475, 12, 88 Stat. 1442, and amended Oct.
7, 1978, Pub. L. 95-426, title I, 117, 92 Stat. 969, which related to
authority and responsibility of chiefs of mission, was repealed by Pub.
L. 96-465, title II, 2205(10), Oct. 17, 1980, 94 Stat. 2160. Repeal
effective Feb. 15, 1981, except as otherwise provided, see section 2403
of Pub. L. 96-465, set out as an Effective Date note under section 3901
of this title. See section 3927 of this title.
22 USC 2681. International broadcasting facilities; transfer to
Department of State; acquisition of property
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
For the purpose of assuring continued operation of the facilities
hereinafter described for international broadcasting as a means of
achieving the objectives of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.) under
authority of that Act, the Reconstruction Finance Corporation, as
successor to Defense Plant Corporation, shall transfer, without regard
to the provisions of the Surplus Property Act of 1944, as amended, and
without reimbursement or transfer of funds, to the Secretary of State
(hereinafter referred to as the ''Secretary'') all of its right, title,
and interest in and to the facilities known as Plancors 1805, 1985, and
1986 located in Butler County, Ohio, in the vicinity of Delano,
California, and Dixon, California, respectively, together with the
equipment and other property appurtenant thereto. For the purposes of
sections 2681 to 2683 of this title, the Director of the United States
Information Agency is authorized to acquire property or rights or
interests therein necessary or desirable for the operation of such
facilities by purchase, lease, gift, transfer, condemnation, or
otherwise.
(July 9, 1949, ch. 301, 1, 63 Stat. 408; 1977 Reorg. Plan No. 2, 7(
a)(19), 42 F.R. 62461, 91 Stat. 1637; Aug. 24, 1982, Pub. L. 97-241,
title III, 303(b), 96 Stat. 291.)
The United States Information and Educational Exchange Act of 1948,
referred to in text, is act Jan. 27, 1948, ch. 36, 62 Stat. 6, as
amended, which is classified generally to chapter 18 ( 1431 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 1431 of this title, and Tables.
The Surplus Property Act of 1944, referred to in text, is act Oct.
3, 1944, ch. 479, 58 Stat. 765, which was classified principally to
sections 1611 to 1646 of Title 50, Appendix, War and National Defense,
and was repealed effective July 1, 1949, with the exception of sections
1622, 1631, 1637, and 1641 of Title 50, Appendix, by act June 30, 1949,
ch. 288, title VI, 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950,
ch. 849, 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were
partially repealed by the 1949 act, and section 1622 is still set out in
part in Title 50, Appendix. Section 1631 was repealed by act June 7,
1938, ch. 190, 6(e), as added by act July 23, 1946, ch. 590, 60 Stat.
599, and is covered by sections 98 et seq. of Title 50. Section 1637
was repealed by act June 25, 1948, ch. 645, 21, 62 Stat. 862, eff.
Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and
Criminal Procedure. Provisions of section 1641 not repealed by the the
1949 act were repealed by Pub. L. 87-256, 111(a)(1), Sept. 21, 1961, 75
Stat. 538, and are covered by chapter 33 ( 2451 et seq.) of this title.
The provisions of the Surplus Property Act of 1944 originally repealed
by the the 1949 act are covered by chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works.
Section was formerly classified to section 170a of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
''Director of the United States Information Agency'' substituted in
text for ''Director of the International Communication Agency'' pursuant
to section 303(b) of Pub. L. 97-241, set out as a note under section
1461 of this title. Previously, ''Director of the International
Communication Agency'' substituted for ''Secretary'' pursuant to Reorg.
Plan No. 2 of 1977, 7(a)(19), 42 F.R. 62461, 91 Stat. 1637, set out
under section 1461 of this title, effective on or before July 1, 1978,
at such time as specified by President, which transferred functions
vested in Secretary of State, Department of State, or Director of United
States Information Agency under sections 2681, 2682, and 2683 of this
title to Director of International Communication Agency.
Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22
F.R. 4633, 71 Stat. 647, set out as a note under section 601 of Title
15, Commerce and Trade, abolished the Reconstruction Finance
Corporation.
Exercise of authority available under sections 2681 to 2683 of this
title by Director of United States Information Agency, see Ex. Ord. No.
10477, Aug. 1, 1953, 18 F.R. 4540, set out as a note under section 1472
of this title.
22 USC 2682. Liquidation and disposal of broadcasting facilities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Whenever the Director of the United States Information Agency finds
that the operation of the facilities authorized by sections 2681 to 2683
of this title to be transferred is no longer necessary or desirable, he
shall report such fact to Congress with his recommendations for the
disposition of such facilities.
(July 9, 1949, ch. 301, 2, 63 Stat. 408; 1977 Reorg. Plan No. 2, 7(
a)(19), 42 F.R. 62461, 91 Stat. 1637; Aug. 24, 1982, Pub. L. 97-241,
title III, 303(b), 96 Stat. 291.)
Section was formerly classified to section 170b of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
''Director of the United States Information Agency'' substituted in
text for ''Director of the International Communication Agency'' pursuant
to section 303(b) of Pub. L. 97-241, set out as a note under section
1461 of this title. Previously, ''Director of the International
Communication Agency'' substituted for ''Secretary'' pursuant to Reorg.
Plan No. 2 of 1977, 7(a)(19), 42 F.R. 62461, 91 Stat. 1637, set out
under section 1461 of this title, effective on or before July 1, 1978,
at such time as specified by President, which transferred functions
vested in Secretary of State, Department of State, or Director of United
States Information Agency under sections 2681, 2682, and 2683 of this
title to Director of International Communication Agency.
22 USC 2683. Assumption of obligations of operation of broadcasting
facilities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The United States Information Agency shall assume all obligations of
the Reconstruction Finance Corporation covering operations of said
facilities, equipment, and appurtenant property outstanding at the date
of transfer.
(July 9, 1949, ch. 301, 3, 63 Stat. 408; 1977 Reorg. Plan No. 2, 7(
a)(19), 42 F.R. 62461, 91 Stat. 1637; Aug. 24, 1982, Pub. L. 97-241,
title III, 303(b), 96 Stat. 291.)
Section was formerly classified to section 170c of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
''United States Information Agency'' substituted in text for
''International Communication Agency'' pursuant to section 303(b) of
Pub. L. 97-241, set out as a note under section 1461 of this title.
Previously, functions vested in Secretary of State, Department of State,
or Director of United States Information Agency under sections 2681,
2682, and 2683 of this title transferred to Director of International
Communication Agency by Reorg. Plan No. 2 of 1977, 7( a)(19), 42 F.R.
62461, 91 Stat. 1637, set out under section 1461 of this title,
effective on or before July 1, 1978, at such time as specified by
President. Section 5 of Reorg. Plan No. 2 of 1977 authorized Director
of International Communication Agency to delegate performance of any
such transferred functions to any officer, employee, or unit of
International Communication Agency. Accordingly, ''International
Communication Agency'' was substituted for ''Department of State''.
Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22
F.R. 4633, 71 Stat. 647, set out as a note under section 601 of Title
15, Commerce and Trade, abolished the Reconstruction Finance
Corporation.
22 USC 2684. Capital fund for Department of State to centralize
reproduction, editorial, data processing, audiovisual and other
services; maximum amount; operation of fund
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment of fund
There is hereby established a working capital fund for the Department
of State, which shall be available without fiscal year limitation, for
expenses (including those authorized by the Foreign Service Act of 1980
(22 U.S.C. 3901 et seq.)) and equipment, necessary for maintenance and
operation in the city of Washington and elsewhere of (1) central
reproduction, editorial, data processing, audiovisual, library and
administrative support services; (2) central services for supplies and
equipment (including repairs); (3) such other administrative services
as the Secretary, with the approval of the Office of Management and
Budget, determines may be performed more advantageously and more
economically as central services; and (4) medical and health care
services. Such fund shall also be available without fiscal year
limitation to carry out the purposes of title II of this Act (22 U.S.C.
4301 et seq.) /1/ The capital of the fund shall consist of the amount of
the fair and reasonable value of such supply inventories, equipment, and
other assets and inventories on order, pertaining to the services to be
carried on by the fund, as the Secretary may transfer to the fund, less
the related liabilities and unpaid obligations, together with any
appropriations made for the purpose of providing capital. The fund
shall be reimbursed, or credited with advance payments, from applicable
appropriations and funds of the Department of State, other Federal
agencies, and other sources authorized by law, for supplies and services
at rates which will approximate the expense of operations, including
accrual of annual leave and depreciation of plant and equipment of the
fund. The fund shall also be credited with other receipts from sale or
exchange of property or in payment for loss or damage to property held
by the fund. There shall be transferred into the Treasury as
miscellaneous receipts, as of the close of each fiscal year, earnings
which the Secretary determines to be excess to the needs of the fund.
(b) Charges to fund; credit to appropriations
The current value of supplies returned to the working capital fund by
a post, activity, or agency may be charged to the fund. The proceeds
thereof shall, if otherwise authorized, be credited to current
applicable appropriations and shall remain available for expenditures
for the same purposes for which those appropriations are available.
Credits may not be made to appropriations under this subsection as the
result of capitalization of inventories.
(Aug. 1, 1956, ch. 841, title I, 13, as added Dec. 16, 1963, Pub. L.
88-205, pt. IV, 405, 77 Stat. 391, and amended 1970 Reorg. Plan No. 2,
102, eff. July 1, 1970 35 F.R. 7959, 84 Stat. 2085; Feb. 7, 1972, Pub.
L. 92-226, pt. IV, 407(c), 86 Stat. 35; Oct. 7, 1978, Pub. L. 95-426,
title I, 109(a), 92 Stat. 966; Oct. 17, 1980, Pub. L. 96-465, title II,
2201(b), 94 Stat. 2157; redesignated title I and amended Aug. 24, 1982,
Pub. L. 97-241, title II, 202(a), 203(a), 96 Stat. 282, 290; Feb. 16,
1990, Pub. L. 101-246, title I, 112, 104 Stat. 21.)
The Foreign Service Act of 1980, referred to in subsec. (a), is Pub.
L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is
classified principally to chapter 52 ( 3901 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 3901 of this title and Tables.
Title II of this Act, referred to in subsec. (a), is title II of act
Aug. 1, 1956, ch. 841, as added Aug. 24, 1982, Pub. L. 97-241, title
II, 202(b), 96 Stat. 283, known as the Foreign Missions Act, which is
classified principally to chapter 53 ( 4301 et seq.) of this title. For
complete classification of title II to the Code, see Short Title note
set out under section 4301 of this title and Tables.
Section was formerly classified to section 170u of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1990 -- Subsec. (a). Pub. L. 101-246 inserted ''and'' before
''(4)'', struck out ''; and (5) services and supplies to carry out
title II of this Act'', and inserted provision that the fund also be
available without fiscal year limitation to carry out the purposes of
title II of this Act.
1982 -- Subsec. (a)(5). Pub. L. 97-241, 203(a), added cl. (5).
1980 -- Subsec. (a). Pub. L. 96-465 substituted ''Foreign Service
Act of 1980'' for ''Foreign Service Act of 1946, as amended''.
1978 -- Pub. L. 95-426 designated existing provisions as subsec.
(a), substituted ''central services'' for ''central supply services'' in
cl. (2), struck out ''and'' at end of cl. (2), inserted ''; and (4)
medical and health care services'', struck out ''Not to exceed $750,000
in net assets shall be transferred to the fund for purposes of providing
capital'' after ''for the purpose of providing capital'', and added
subsec. (b).
1972 -- Pub. L. 92-226 struck out last sentence authorizing
appropriation of amounts necessary to provide capital for the fund. See
section 2680 of this title.
Amendment by Pub. L. 97-241 effective Oct. 1, 1982, see section 204
of Pub. L. 97-241, set out as an Effective Date note under section 4301
of this title.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
Section 109(b) of Pub. L. 95-426 provided that: ''The amendments
made by this section (amending this section) shall take effect on
October 1, 1978.''
Functions vested by law (including reorganization plan) in Bureau of
the Budget or Director of Bureau of the Budget transferred to President
by section 101 of Reorg. Plan No. 2, of 1970, eff. July 1, 1970, 35
F.R. 7959, 84 Stat. 2085. Section 102 of Reorg. Plan No. 2 of 1970
redesignated Bureau of the Budget as Office of Management and Budget and
offices of Director, Deputy Director, and Assistant Directors of Bureau
of the Budget as Director, Deputy Director, and Assistant Directors,
respectively, of Office of Management and Budget. Section 103 of Reorg.
Plan No. 2 of 1970 transferred all records, property, personnel, and
funds of Bureau to Office of Management and Budget. See Part I of
Reorganization Plan No. 2 of 1970, set out in the Appendix to Title 5,
Government Organization and Employees.
/1/ So in original. Probably should be followed by a period.
22 USC 2685. Reimbursement for detailed State Department personnel
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) An Executive agency to which any officer or employee of the
Department of State is detailed, assigned, or otherwise made available,
shall reimburse the Department for the salary and allowances of each
such officer or employee for the period the officer or employee is so
detailed, assigned, or otherwise made available. However, if the
Department of State has an agreement with an Executive agency or
agencies providing for the detailing, assigning, or otherwise making
available, of substantially the same numbers of officers and employees
between the Department and the Executive agency or agencies, and such
numbers with respect to a fiscal year are so detailed, assigned, or
otherwise made available, or if the period for which the officer or
employee is so detailed, assigned, or otherwise made available does not
exceed one year, or if the number of officers and employees so detailed,
assigned, or otherwise made available at any one time does not exceed
fifteen and the period of any such detail, assignment, or availability
of an officer or employee does not exceed two years, no reimbursement
shall be required to be made under this section. Officers and employees
of the Department of State who are detailed, assigned, or otherwise made
available to another Executive agency for a period of not to exceed one
year shall not be counted toward any personnel ceiling for the
Department of State established by the Director of the Office of
Management and Budget.
(b) For purposes of this section, ''Executive agency'' has the same
meaning given that term by section 105 of title 5.
(Pub. L. 93-126, 11, Oct. 18, 1973, 87 Stat. 453; Pub. L. 95-426,
title I, 118, Oct. 7, 1978, 92 Stat. 969; Pub. L. 99-93, title I, 117,
Aug. 16, 1985, 99 Stat. 412.)
1985 -- Subsec. (a). Pub. L. 99-93 inserted ''or if the number of
officers and employees so detailed, assigned, or otherwise made
available at any one time does not exceed fifteen and the period of any
such detail, assignment, or availability of an officer or employee does
not exceed two years,'' after ''does not exceed one year,''.
1978 -- Subsec. (a). Pub. L. 95-426 substituted ''does not exceed
one year'' for ''does not exceed ninety days'', and inserted provision
excepting from any personnel ceiling for the Department of State any
officers and employees who are detailed, etc., to another Executive
agency for a period of not to exceed one year.
22 USC 2686. Review of world-wide supply, demand, and price of basic
raw and processed materials
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
It is the sense of the Congress that the Secretary of State should,
and he is authorized to, establish within the Department of State a
bureau which shall be responsible for continuously reviewing (1) the
supply, demand, and price, throughout the world, of basic raw and
processed materials (including agricultural commodities), and (2) the
effect of United States Government programs and policies (including tax
policy) in creating or alleviating, or assisting in creating or
alleviating, shortages of such materials. In conducting such review,
the bureau should obtain information with respect to --
(A) the supply, demand, and price of each such material in each major
importing, exporting, and producing country and region of the world in
order to understand long-term and short-term trends in the supply,
demand, and price of such materials;
(B) projected imports and exports of such materials on a
country-by-country basis;
(C) unusual patterns or changes in connection with the purchase or
sale of such materials;
(D) a list of such materials in short supply and an estimate of the
amount of shortage;
(E) international geological, geophysical, and political conditions
which may affect the supply of such materials; and
(F) other matters that the Secretary considers appropriate in
carrying out this section.
(Pub. L. 93-475, 14, Oct. 26, 1974, 88 Stat. 1443.)
22 USC 2686a. Appointment of Special Coordinator for water policy
negotiations and water resources policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Designation
The Secretary of State shall designate a Special Coordinator --
(1) to coordinate the United States Government response to
international water resource disputes and needs;
(2) to represent the United States Government, whenever appropriate,
in multilateral fora in discussions concerning access to fresh water;
and
(3) to formulate United States policy to assist in the resolution of
international problems posed by the lack of fresh water supplies.
(b) Other responsibilities
The individual designated under subsection (a) of this section may
carry out the functions of subsection (a) of this section in addition to
other assigned responsibilities.
(Pub. L. 102-138, title I, 180, Oct. 28, 1991, 105 Stat. 682.)
22 USC 2687. Use of appropriated funds for unusual expenses of United
States Representative to Organization of American States
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State is authorized to use appropriated funds for
unusual expenses similar to those authorized by section 5913 of title 5
incident to the operation and maintenance of the living quarters of the
United States Representative to the Organization of American States.
(Aug. 1, 1956, ch. 841, title I, 17, as added Nov. 29, 1975, Pub. L.
94-141, title I, 101(c), 89 Stat. 756; redesignated title I, Aug. 24,
1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
22 USC 2688. Ambassadors; criteria regarding selection and
confirmation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
It is the sense of the Congress that the position of United States
ambassador to a foreign country should be accorded to men and women
possessing clearly demonstrated competence to perform ambassadorial
duties. No individual should be accorded the position of United States
ambassador to a foreign country primarily because of financial
contributions to political campaigns.
(Aug. 1, 1956, ch. 841, title I, 18, as added Nov. 29, 1975, Pub. L.
94-141, title I, 104, 89 Stat. 757, and redesignated title I, Aug. 24,
1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
22 USC 2689. American Sections, International Joint Commission, United
States and Canada; funds for representation expenses and official
entertainment within the United States
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Each fiscal year (beginning with fiscal year 1977), the Secretary of
State may use funds appropriated for the American Sections,
International Joint Commission, United States and Canada, for
representation expenses and official entertainment within the United
States for such American Sections.
(Aug. 1, 1956, ch. 841, title I, 19, as added July 12, 1976, Pub. L.
94-350, title I, 104, 90 Stat. 824; amended Oct. 7, 1978, Pub. L.
95-426, title I, 110(a), 92 Stat. 967; redesignated title I, Aug. 24,
1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
1978 -- Pub. L. 95-426 struck out ''not to exceed $1,500 of the''
after ''the Secretary of State may use''.
Section 110(b) of Pub. L. 95-426 provided that: ''The amendment
made by this section (amending this section) shall take effect on
October 1, 1978.''
22 USC 2690. Foreign gifts; audit; reports to Congress
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Any expenditure for any gift for any person of any foreign country
which involves any funds made available to meet unforeseen emergencies
arising in the Diplomatic and Consular Service shall be audited by the
Comptroller General and reports thereon made to the Congress to such
extent and at such times as he may determine necessary. The
representatives of the General Accounting Office shall have access to
all books, accounts, records, reports, files, and all other papers,
things, or property pertaining to such expenditure and necessary to
facilitate the audit.
(Aug. 1, 1956, ch. 841, title I, 20, as added July 12, 1976, Pub. L.
94-350, title I, 116(a), 90 Stat. 827; redesignated title I, Aug. 24,
1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
22 USC 2691. Repealed. Pub. L. 101-649, title VI, 603(a)(18), Nov. 29,
1990, 104 Stat. 5084
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, act Aug. 1, 1956, ch. 841, title I, 21, as added Aug. 17,
1977, Pub. L. 95-105, title I, 112, 91 Stat. 848; amended Oct. 7,
1978, Pub. L. 95-426, title I, 119, 92 Stat. 970; Aug. 15, 1979, Pub.
L. 96-60, title I, 109, 93 Stat. 397; redesignated title I, Aug. 24,
1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282, related to
compliance with the Helsinki Final Act in the granting of nonimmigrant
visas to aliens who are excludible from the United States by reason of
membership in or affiliation with a proscribed organization but who are
otherwise admissible, and provided that this section not apply to
representatives of labor organizations that are instruments of a
totalitarian state or aliens connected with the Palestine Liberation
Organization.
Section repealed applicable to individuals entering United States on
or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set
out as an Effective Date of 1990 Amendment note under section 1101 of
Title 8, Aliens and Nationality.
22 USC 2692. Compensation for persons participating in State Department
proceedings; availability of funds
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The Secretary of State may compensate, pursuant to regulations
which he shall prescribe, for the cost of participating in any
proceeding or on any advisory committee or delegation of the Department
of State, any organization or person --
(1) who is representing an interest which would not otherwise be
adequately represented and whose participation is necessary for a fair
determination of the issues taken as a whole; and
(2) who would otherwise be unable to participate in such proceeding
or on such committee or delegation because such organization or person
cannot afford to pay the costs of such participation.
(b) Of the funds appropriated for salaries and expenses for the
Department of State, not to exceed $250,000 shall be available in any
fiscal year for compensation under this section to such organizations
and persons.
(Aug. 1, 1956, ch. 841, title I, 22, as added Aug. 17, 1977, Pub. L.
95-105, title I, 113(a), 91 Stat. 848; redesignated title I, Aug. 24,
1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
Section 113(b) of Pub. L. 95-105 provided that: ''Subsection (a)
(enacting this section) shall become effective on October 1, 1977.''
22 USC 2693. Repealed. Pub. L. 96-465, title II, 2205(3), Oct. 17,
1980, 94 Stat. 2160
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 95-105, title IV, 413, Aug. 17, 1977, 91 Stat.
856, related to employment of family members abroad in non-career
positions. See sections 3951, 3968, and 4026 of this title.
Repeal effective Feb. 15, 1981, except as otherwise provided, see
section 2403 of Pub. L. 96-465, set out as an Effective Date note under
section 3901 of this title.
22 USC 2694. Limitation on purchase of gifts for foreign individuals;
report to Speaker of the House and chairman of the Committee on Foreign
Relations of the Senate
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(1) After September 30, 1977, no appropriated funds, other than funds
from the ''Emergencies in the Diplomatic and Consular Service'' account
of the Department of State, may be used to purchase any tangible gift of
more than minimal value (as defined in section 7342( a)(5) of title 5)
for any foreign individual unless such gift has been approved by the
Congress.
(2) Beginning October 1, 1977, the Secretary of State shall annually
transmit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a report containing
details on (1) any gifts of more than minimal value purchased with
appropriated funds which were given to a foreign individual during the
previous fiscal year, and (2) any other gifts of more than minimal value
given by the United States Government to a foreign individual which were
not obtained using appropriated funds.
(Pub. L. 95-105, title V, 515(b), Aug. 17, 1977, 91 Stat. 866.)
22 USC 2695. Administrative services
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Agreements
Whenever the head of any Federal agency performing any foreign
affairs functions (including, but not limited to, the Department of
State, the United States Information Agency, the Agency for
International Development, and the Arms Control and Disarmament Agency)
determines that administrative services performed in common by the
Department of State and one or more other such agencies may be performed
more advantageously and more economically on a consolidated basis, the
Secretary of State and the heads of the other agencies concerned may,
subject to the approval of the Director of the Office of Management and
Budget, conclude an agreement which provides for the transfer to and
consolidation within the Department or within one of the other agencies
concerned of so much of the functions, personnel, property, records, and
funds of the Department and of the other agencies concerned as may be
necessary to enable the performance of those administrative services on
a consolidated basis for the benefit of all agencies concerned.
Agreements for consolidation of administrative services under this
section shall provide for reimbursement or advances of funds from the
agency receiving the service to the agency performing the service in
amounts which will approximate the expense of providing administrative
services for the serviced agency.
(b) Payment
(1) A Federal agency which obtains administrative services from the
Department of State pursuant to an agreement authorized under subsection
(a) of this section shall make full and prompt payment for such services
through advance of funds or reimbursement.
(2) The Secretary of State shall bill each Federal agency for amounts
due for services provided pursuant to subsection (a) of this section.
The Secretary shall notify a Federal agency which has not made full
payment for services within 90 days after billing that services to the
agency will be suspended or terminated if full payment is not made
within 180 days after the date of notification. Except as provided
under paragraph (3), the Secretary shall suspend or terminate services
to a Federal agency which has not made full payment for services under
this section 180 days after the date of notification. Any costs
associated with a suspension or termination of services shall be the
responsibility of, and shall be billed to, the Federal agency.
(3) The Secretary of State may waive the requirement for suspension
or termination under paragraph (2) with respect to such services as the
Secretary determines are necessary to ensure the protection of life and
the safety of United States Government property. A waiver may be issued
for a period not to exceed one year and may be renewed.
(Aug. 1, 1956, ch. 841, title I, 23, as added Oct. 7, 1978, Pub. L.
95-426, title I, 111(a), 92 Stat. 967; redesignated title I and amended
Aug. 24, 1982, Pub. L. 97-241, title II, 202(a), title III, 303(b), 96
Stat. 282, 291; Oct. 28, 1991, Pub. L. 102-138, title I, 118, 105 Stat.
657.)
1991 -- Pub. L. 102-138 inserted section catchline, designated
existing provisions as subsec. (a) and inserted heading, and added
subsec. (b).
''United States Information Agency'' substituted in subsec. (a) for
''International Communication Agency'' pursuant to section 303(b) of
Pub. L. 97-241, set out as a note under section 1461 of this title.
Section 111(b) of Pub. L. 95-426 provided that: ''The amendment
made by this section (enacting this section) shall take effect on
October 1, 1978.''
22 USC 2696. Nondiscretionary personnel costs, currency fluctuations,
and other contingencies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Additional appropriations
There are authorized to be appropriated for the Department of State,
in addition to amounts otherwise authorized to be appropriated for the
Department, such sums as may be necessary for any fiscal year for
increases in salary, pay, retirement, and other employee benefits
authorized by law.
(b) Appropriations authorization based on currency fluctuations
(1) In order to maintain the levels of program activity for the
Department of State provided for each fiscal year by the annual
authorizing legislation, there are authorized to be appropriated for the
Department of State such sums as may be necessary to offset adverse
fluctuations in foreign currency exchange rates, or overseas wage and
price changes, which occur after November 30 of the earlier of --
(A) the calendar year which ended during the fiscal year preceding
such fiscal year, or
(B) the calendar year which preceded the calendar year during which
the authorization of appropriations for such fiscal year was enacted.
(2) In carrying out this subsection, there may be established a
Buying Power Maintenance account.
(3) In order to eliminate substantial gains to the approved levels of
overseas operations for the Department of State, the Secretary of State
shall transfer to the Buying Power Maintenance account such amounts in
any appropriation account under the heading ''Administration of Foreign
Affairs'' as the Secretary determines are excessive to the needs of the
approved level of operations under that appropriation account because of
fluctuations in foreign currency exchange rates or changes in overseas
wages and prices.
(4) In order to offset adverse fluctuations in foreign currency
exchange rates or overseas wage and price changes, the Secretary of
State may transfer from the Buying Power Maintenance account to any
appropriation account under the heading ''Administration of Foreign
Affairs'' such amounts as the Secretary determines are necessary to
maintain the approved level of operations under that appropriation
account.
(5) Funds transferred by the Secretary of State from the Buying Power
Maintenance account to another account shall be merged with and be
available for the same purpose, and for the same time period, as the
funds in that other account. Funds transferred by the Secretary from
another account to the Buying Power Maintenance account shall be merged
with the funds in the Buying Power Maintenance account and shall be
available for the purposes of that account until expended.
(6) Any restriction contained in an appropriation Act or other
provision of law limiting the amounts available for the Department of
State that may be obligated or expended shall be deemed to be adjusted
to the extent necessary to offset the net effect of fluctuations in
foreign currency exchange rates or overseas wage and price changes in
order to maintain approved levels.
(7)(A) Subject to the limitations contained in this paragraph, not
later than the end of the fifth fiscal year after the fiscal year for
which funds are appropriated or otherwise made available for an account
under ''Administration of Foreign Affairs'', the Secretary of State may
transfer any unobligated balance of such funds to the Buying Power
Maintenance account.
(B) The balance of the Buying Power Maintenance account may not
exceed $100,000,000 as a result of any transfer under this paragraph.
(C) Any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 2706 of this title and shall be
available for obligation or expenditure only in accordance with the
procedures under such section.
(D) The authorities contained in this section may only be exercised
to such an extent and in such amounts as specifically provided for in
advance in appropriations Acts.
(E) This paragraph shall cease to have effect after September 30,
1993.
(c) Availability of appropriations until expended
Amounts authorized to be appropriated for a fiscal year for the
Department of State or to the Secretary of State are authorized to be
made available until expended.
(d) Accounts subject to percentage limitation
(1) Subject to paragraphs (2) and (3), funds authorized to be
appropriated for any account of the Department of State in the
Department of State Appropriations Act, for the second fiscal year of
any two-year authorization cycle may be appropriated for such second
fiscal year for any other account of the Department of State.
(2) Amounts appropriated for the ''Salaries and Expenses'' and
''Acquisition and Maintenance of Buildings Abroad'' accounts may not
exceed by more than 5 percent the amounts specifically authorized to be
appropriated for each such account for a fiscal year. No other
appropriations account may exceed by more than 10 percent the amount
specifically authorized to be appropriated for such account for a fiscal
year.
(3) The requirements and limitations of section 2680 of this title
shall not apply to the appropriation of funds pursuant to this
subsection.
(4) This subsection shall cease to have effect after September 30,
1993.
(e) Availability of funds for twelve-month contracts to be performed
in two fiscal years
Amounts authorized to be appropriated for a fiscal year for the
Department of State or to the Secretary of State are authorized to be
obligated for twelve-month contracts which are to be performed in two
fiscal years, if the total amount for such contracts is obligated in the
earlier fiscal year.
(Aug. 1, 1956, ch. 841, title I, 24, as added Aug. 15, 1979, Pub. L.
96-60, title I, 105(a), 93 Stat. 396; redesignated title I and amended
Aug. 24, 1982, Pub. L. 97-241, title I, 112(a), title II, 202(a), 96
Stat. 277, 282; Feb. 16, 1990, Pub. L. 101-246, title I, 107, 104 Stat.
21; Oct. 28, 1991, Pub. L. 102-138, title I, 117(a), (c), 105 Stat.
656, 657.)
1991 -- Subsec. (b)(7). Pub. L. 102-138, 117(a), added par. (7).
Subsec. (d). Pub. L. 102-138, 117(c), amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ''Amounts authorized
to be appropriated for the Department of State for a fiscal year for the
'Administration of Foreign Affairs' account, the 'International
Organizations and Conferences' account, the 'International Commissions'
account, or the 'Migration and Refugee Assistance' account may be
appropriated for that fiscal year for any other such account, except
that the total amount appropriated for a fiscal year for any such
account may not exceed by more than 10 percent the amount specifically
authorized to be appropriated for that account for that fiscal year.''
1990 -- Subsec. (e). Pub. L. 101-246 added subsec. (e).
1982 -- Subsec. (b). Pub. L. 97-241, 112(a), designated existing
provision as par. (1), substituted provision authorizing appropriations
to offset adverse fluctuations in foreign currency exchange rates and
overseas wage and price changes which occur after Nov. 30 of the
earlier of the calendar year which ended during the fiscal year
preceding such fiscal year or the calendar year which preceded the
calendar year during which the authorization of appropriations for such
fiscal year was enacted, for provision authorizing appropriations to
offset adverse fluctuations in foreign currency exchange rates occurring
after Nov. 30 of the preceding fiscal year, and added pars. (2) to
(6).
Section 105(b) of Pub. L. 96-60 provided that: ''The amendment made
by subsection (a) (enacting this section) shall take effect on October
1, 1979.''
22 USC 2697. Acceptance of gifts on behalf of United States
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(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 Directors of other
agencies
The authorities available to the Secretary of State under this
section with respect to the Department of State shall be available to
the Director of the United States Information Agency and the Director of
the United States International Development Cooperation Agency with
respect to their respective agencies.
(Aug. 1, 1956, ch. 841, title I, 25, as added Oct. 17, 1980, Pub. L.
96-465, title II, 2201(a), 94 Stat. 2153, and redesignated title I and
amended Aug. 24, 1982, Pub. L. 97-241, title II, 202(a), title III,
303(b), 96 Stat. 282, 291; Dec. 22, 1987, Pub. L. 100-204, title I,
125, 101 Stat. 1341.)
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.
''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.
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.
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, 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 of the House of Representatives and to the Committee on
Foreign Relations and the Committee on Environment and Public Works of
the Senate.''
22 USC 2698. Procurement of legal services
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The Secretary of State may, without regard to section 3106 of
title 5, authorize a principal officer of the Foreign Service to procure
legal services whenever such services are required for the protection of
the interests of the Government or to enable a member of the Service to
carry on the member's work efficiently.
(b) The authority available to the Secretary of State under this
section shall be available to the Director of the United States
Information Agency, the chairman of the Board for International
Broadcasting, and the Director of the United States International
Development Cooperation Agency with respect to their respective
agencies.
(Aug. 1, 1956, ch. 841, title I, 26, as added Oct. 17, 1980, Pub. L.
96-465, title II, 2201(a), 94 Stat. 2154; redesignated title I, Aug.
24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282; Feb. 16,
1990, Pub. L. 101-246, title III, 303, 104 Stat. 64.)
1990 -- Subsec. (b). Pub. L. 101-246 substituted ''United States
Information Agency, the chairman of the Board for International
Broadcasting,'' for ''International Communication Agency''.
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.
22 USC 2699. Employment opportunities for family members
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) In order to expand employment opportunities for family members of
United States Government personnel assigned abroad, the Secretary of
State shall seek to conclude such bilateral and multilateral agreements
as will facilitate the employment of such family members in foreign
economies.
(b) Any member of a family of a member of the Foreign Service may
accept gainful employment in a foreign country unless such employment --
(1) would violate any law of such country or of the United States;
or
(2) could, as certified in writing by the United States chief of
mission to such country, damage the interests of the United States.
(Aug. 1, 1956, ch. 841, title I, 27, as added Oct. 17, 1980, Pub. L.
96-465, title II, 2201(a), 94 Stat. 2154; redesignated title I, Aug.
24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
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.
22 USC 2700. Use of vehicles
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State may authorize the principal officer of a
Foreign Service post to provide for the use of Government owned or
leased vehicles located at that post for transportation of United States
Government employees and their families when public transportation is
unsafe or not available or when such use is advantageous to the
Government.
(Aug. 1, 1956, ch. 841, title I, 28, as added Oct. 17, 1980, Pub. L.
96-465, title II, 2201(a), 94 Stat. 2154; redesignated title I, Aug.
24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
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.
22 USC 2701. Educational facilities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Whenever the Secretary of State determines that educational
facilities are not available, or that existing educational facilities
are inadequate, to meet the needs of children of United States citizens
stationed outside the United States who are engaged in carrying out
Government activities, the Secretary may, in such manner as he deems
appropriate and under such regulations as he may prescribe, establish,
operate, and maintain primary schools, and school dormitories and
related educational facilities for primary and secondary schools,
outside the United States, make grants of funds for such purposes, or
otherwise provide for such educational facilities. The authorities of
the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.), and of
paragraphs (h) and (i) of section 2670 of this title, may be utilized by
the Secretary in providing assistance for educational facilities. Such
assistance may include hiring, transporting, and payment of teachers and
other necessary personnel.
(Aug. 1, 1956, ch. 841, title I, 29, as added Oct. 17, 1980, Pub. L.
96-465, title II, 2201(a), 94 Stat. 2154; redesignated title I, Aug.
24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
The Foreign Service Buildings Act, 1926, referred to in text, is act
May 7, 1926, ch. 250, 44 Stat. 403, as amended, which is classified
generally to chapter 8 ( 292 et seq.) of this title. For complete
classification of this Act to the Code, see section 299 of this title
and Tables.
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.
22 USC 2702. Malpractice protection
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Exclusiveness of designated remedies
The remedy --
(1) against the United States provided by sections 1346(b) and 2672
of title 28, or
(2) through proceedings for compensation or other benefits from the
United States as provided by any other law, where the availability of
such benefits precludes a remedy under such sections,
for damages for personal injury, including death, allegedly arising
from malpractice or negligence of a physician, dentist, nurse,
pharmacist, or paramedical (including medical and dental assistants and
technicians, nursing assistants, and therapists) or other supporting
personnel of the Department of State in furnishing medical care or
related services, including the conducting of clinical studies or
investigations, while in the exercise of his or her duties in or for the
Department of State or any other Federal department, agency, or
instrumentality shall be exclusive of any other civil action or
proceeding by reason of the same subject matter against such physician,
dentist, nurse, pharmacist, or paramedical or other supporting personnel
(or his or her estate) whose act or omission gave rise to such claim.
(b) Defense of civil actions by United States; delivery of process;
furnishing of copies of pleadings
The United States Government shall defend any civil action or
proceeding brought in any court against any person referred to in
subsection (a) of this section (or his or her estate) for any such
damage or injury. Any such person against whom such civil action or
proceeding is brought shall deliver, within such time after date of
service or knowledge of service as may be determined by the Attorney
General, all process served upon him or her or an attested true copy
thereof to whomever was designated by the Secretary to receive such
papers. Such person shall promptly furnish copies of the pleading and
process therein to the United States attorney for the district embracing
the place wherein the proceeding is brought, to the Attorney General,
and to the Secretary.
(c) Removal of actions; remand or dismissal; suspension of
limitations
Upon a certification by the Attorney General that the defendant was
acting within the scope of his or her employment in or for the
Department of State or any other Federal department, agency, or
instrumentality at the time of the incident out of which the suit arose,
any such civil action or proceeding commenced in a State court shall be
removed without bond at any time before trial by the Attorney General to
the district court of the United States of the district and division
embracing the place wherein it is pending and the proceeding deemed a
tort action brought against the United States under the provisions of
title 28, and all references thereto. Should a United States district
court determine on a hearing on a motion to remand held before a trial
on the merits that the case so removed is one in which a remedy by suit
within the meaning of subsection (a) of this section is not available
against the United States, the case shall be remanded to the State court
except that where such remedy is precluded because of the availability
of a remedy through proceedings for compensation or other benefits from
the United States as provided by any other law, the case shall be
dismissed, but in that event, the running of any limitation of time for
commencing, or filing an application or claim in, such proceedings for
compensation or other benefits shall be deemed to have been suspended
during the pendency of the civil action or proceeding under this
section.
(d) Compromise or settlement of claims
The Attorney General may compromise or settle any claim asserted in
such civil action or proceeding in the manner provided in section 2677
of title 28, and with the same effect.
(e) Inapplicability of section 2680(h) of title 28
For purposes of this section, the provisions of section 2680(h) of
title 28, shall not apply to any tort enumerated therein arising out of
negligence in the furnishing of medical care or related services,
including the conducting of clinical studies or investigations.
(f) Holding harmless or providing for liability insurance
The Secretary may, to the extent he deems appropriate, hold harmless
or provide liability insurance for any person to whom the immunity
provisions of subsection (a) of this section apply, for damages for
personal injury, including death, negligently caused by any such person
while acting within the scope of his or her office or employment and as
a result of the furnishing of medical care or related services,
including the conducting of clinical studies or investigations, if such
person is assigned to a foreign area or detailed for service with other
than a Federal agency or institution, or if the circumstances are such
as are likely to preclude the remedies of third persons against the
United States provided by sections 1346(b) and 2672 of title 28, for
such damage or injury.
(g) Medical care or related service within scope of employment
For purposes of this section, any medical care or related service
covered by this section and performed abroad by a covered person at the
direction or with the approval of the United States chief of mission or
other principal representative of the United States in the area shall be
deemed to be within the scope of employment of the individual performing
the service.
(Aug. 1, 1956, ch. 841, title I, 30, as added Oct. 17, 1980, Pub. L.
96-465, title II, 2201(a), 94 Stat. 2155; redesignated title I, Aug.
24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282.)
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.
22 USC 2703. Services and facilities for employees at posts abroad
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Non-Government-operated services; applicability of other
provisions of law
The Secretary of State may authorize and assist in the establishment,
maintenance, and operation by civilian officers and employees of the
Government of non-Government-operated services and facilities at posts
abroad, including the furnishing of space, utilities, and properties
owned or leased by the Government for use by its diplomatic, consular,
and other missions and posts abroad. The provisions of the Foreign
Service Buildings Act, 1926 (22 U.S.C. 292-300) and section 2684 of
this title may be utilized by the Secretary in providing such
assistance.
(b) Emergency commissary and mess services
The Secretary may establish and maintain emergency commissary or mess
services in places abroad where, in the judgment of the Secretary, such
services are necessary temporarily to insure the effective and efficient
performance of official duties and responsibilities. Reimbursements
incident to the maintenance and operation of commissary or mess service
under this subsection shall be at not less than cost as determined by
the Secretary and shall be used as working funds, except that an amount
equal to the amount expended for such services shall be covered into the
Treasury as miscellaneous receipts.
(c) Availability; duplication of facilities and services
Services and facilities established under this section shall be made
available, insofar as practicable, to officers and employees of all
agencies and their dependents who are stationed in the locality abroad,
and, where determined by the Secretary to be appropriate due to
exceptional circumstances, to United States citizens hired outside of
the host country to serve as teaching staff for such dependents abroad.
Such services and facilities shall not be established in localities
where another agency operates similar services or facilities unless the
Secretary determines that additional services or facilities are
necessary. Other agencies shall to the extent practicable avoid
duplicating the facilities and services provided or assisted by the
Secretary under this section.
(d) Charges
Charges at any post abroad for a service or facility provided,
authorized or assisted under this section shall be at the same rate for
all civilian personnel of the Government serviced thereby, and all
charges for supplies furnished to such a service or facility abroad by
any agency shall be at the same rate as that charged by the furnishing
agency to its comparable civilian services and facilities.
(e) Child care facilities
For the fiscal years 1992 and 1993, the Secretary of State may make
grants to child care facilities, to offset in part the cost of such
care, in Moscow and at no more than five other posts abroad where the
Secretary determines that due to extraordinary circumstances such
facilities are necessary to the efficient operation of the post. In
making that determination, the Secretary shall take into account factors
such as --
(1) whether Foreign Service spouses are encouraged to work at the
post because --
(A) the number of members of the post is subject to a ceiling imposed
by the receiving country; and
(B) Foreign Service nationals are not employed at the post; and
(2) whether local child care is available.
(Aug. 1, 1956, ch. 841, title I, 31, as added Oct. 17, 1980, Pub. L.
96-465, title II, 2201(a), 94 Stat. 2156; redesignated title I, Aug.
24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282; amended Feb.
16, 1990, Pub. L. 101-246, title I, 147, 104 Stat. 38; Oct. 28, 1991,
Pub. L. 102-138, title I, 121, 144, 105 Stat. 658, 668.)
The Foreign Service Buildings Act, 1926, referred to in subsec. (a),
is act May 7, 1926, ch. 250, 44 Stat. 403, as amended, which is
classified generally to chapter 8 ( 292 et seq.) of this title. For
complete classification of this Act to the Code, see section 299 of this
title and Tables.
1991 -- Subsec. (c). Pub. L. 102-138, 144, inserted before period at
end of first sentence '', and, where determined by the Secretary to be
appropriate due to exceptional circumstances, to United States citizens
hired outside of the host country to serve as teaching staff for such
dependents abroad''.
Subsec. (e). Pub. L. 102-138, 121, substituted ''1992 and 1993'' for
''1990 and 1991'' in introductory provisions.
1990 -- Subsec. (e). Pub. L. 101-246 added subsec. (e).
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.
22 USC 2704. Subsistence expenses
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State may pay, without regard to section 5702 of
title 5, subsistence expenses of (1) special agents of the Department of
State who are on authorized protective missions, and (2) members of the
Foreign Service and employees of the Department who are required to
spend extraordinary amounts of time in travel status. The authorities
available to the Secretary of State under this section with respect to
the Department of State shall be available to the Director of the United
States Information Agency and the Director of the United States
International Development Cooperation Agency with respect to their
respective agencies, except that the authority of clause (2) shall be
available with respect to those agencies only in the case of members of
the Foreign Service and employees of the agency who are performing
security-related functions abroad.
(Aug. 1, 1956, ch. 841, title I, 32, as added Oct. 17, 1980, Pub. L.
96-465, title II, 2201(a), 94 Stat. 2157; redesignated title I, Aug.
24, 1982, Pub. L. 97-241, title II, 202(a), 96 Stat. 282; Oct. 19,
1984, Pub. L. 98-533, title III, 303(c), 98 Stat. 2711; Aug. 16, 1985,
Pub. L. 99-93, title I, 125(b), 99 Stat. 417.)
1985 -- Pub. L. 99-93 substituted ''special agents'' for ''security
officers''.
1984 -- Pub. L. 98-533 inserted ''The authorities available to the
Secretary of State under this section with respect to the Department of
State shall be available to the Director of the United States
Information Agency and the Director of the United States International
Development Cooperation Agency with respect to their respective
agencies, except that the authority of clause (2) shall be available
with respect to those agencies only in the case of members of the
Foreign Service and employees of the agency who are performing
security-related functions abroad.''
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.
22 USC 2705. Documentation of citizenship
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The following documents shall have the same force and effect as proof
of United States citizenship as certificates of naturalization or of
citizenship issued by the Attorney General or by a court having
naturalization jurisdiction:
(1) A passport, during its period of validity (if such period is the
maximum period authorized by law), issued by the Secretary of State to a
citizen of the United States.
(2) The report, designated as a ''Report of Birth Abroad of a Citizen
of the United States'', issued by a consular officer to document a
citizen born abroad.
(Aug. 1, 1956, ch. 841, title I, 33, as added and redesignated title
I, Aug. 24, 1982, Pub. L. 97-241, title I, 117, title II, 202( a), 96
Stat. 279, 282.)
A prior section 33 of act Aug. 1, 1956, which was renumbered section
34 by section 117 of Pub. L. 97-241, and subsequently renumbered, and
which was set out as a Short Title of 1956 Amendment note under section
2651 of this title, was repealed by Pub. L. 102-138, title I, 111(1),
Oct. 28, 1991, 105 Stat. 654.
22 USC 2706. Reprograming of funds; notice requirements
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Unless the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate are
notified fifteen days in advance of the proposed reprograming, funds
appropriated for the Department of State shall not be available for
obligation or expenditure through any reprograming of funds --
(1) which creates new programs;
(2) which eliminates a program, project, or activity;
(3) which increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted by the
Congress;
(4) which relocates an office or employees;
(5) which reorganizes offices, programs, or activities;
(6) which involves contracting out functions which had been performed
by Federal employees; or
(7) which involves a reprograming in excess of $500,000 or 10 per
centum, whichever is less, and which (A) augments existing programs,
projects, or activities, (B) reduces by 10 per centum or more the
funding for any existing program, project, activity, or personnel
approved by the Congress, or (C) results from any general savings from a
reduction in personnel which would result in a change in existing
programs, activities, or projects approved by the Congress.
(b) Funds appropriated for the Department of State may not be
available for obligation or expenditure through any reprogramming
described in subsection (a) of this section during the period which is
the last 15 days in which such funds are available unless notice of such
reprogramming is made before such period.
(Aug. 1, 1956, ch. 841, title I, 34, as added Nov. 22, 1983, Pub. L.
98-164, title I, 123, 97 Stat. 1025; amended Dec. 22, 1987, Pub. L.
100-204, title I, 121, 101 Stat. 1339; Oct. 28, 1991, Pub. L. 102-138,
title I, 117(b), 105 Stat. 657.)
A prior section 34 of act Aug. 1, 1956, which was renumbered
sections 35 and 36 by sections 123 and 124 of Pub. L. 98-164, and
subsequently renumbered, and which was set out as a Short Title of 1956
Amendment note under section 2651 of this title, was repealed by Pub.
L. 102-138, title I, 111(1), Oct. 28, 1991, 105 Stat. 654.
1991 -- Subsec. (a)(7). Pub. L. 102-138 substituted ''$500,000'' for
''$250,000''.
1987 -- Pub. L. 100-204 designated existing provisions as subsec.
(a) and added subsec. (b).
22 USC 2707. International communications and information policy;
assignment of responsibility; Office of the Coordinator for
International Communications and Information Policy; establishment,
etc.
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The Secretary of State shall assign responsibility for
international communications and information policy matters within the
Department of State to an appropriate Under Secretary of State
(hereafter in this section referred to as the ''Under Secretary'').
(b) The Secretary of State shall establish, within the Department of
State, an Office of the Coordinator for International Communications and
Information Policy, headed by a Coordinator who shall be responsible to
the Under Secretary. The Coordinator shall be appointed by the
President, by and with the advice and consent of the Senate, and shall
have the rank of ambassador. The Coordinator shall be compensated at
the annual rate of pay for positions authorized by section 5315 of title
5. The Coordinator shall be responsible, on behalf of the Under
Secretary, for formulation, coordination, and oversight of international
communications and information policy assigned to the Under Secretary.
On behalf of the Under Secretary, the Coordinator shall --
(1) maintain continuing liaison with the bureaus and offices of the
Department of State and with other executive branch agencies concerned
with international communications and information policy;
(2) in accordance with such authority as may be delegated by the
President pursuant to Executive order, chair such agency and interagency
meetings as may be necessary to coordinate actions on pending issues to
ensure proper policy coordination;
(3) in accordance with such authority as may be delegated by the
President pursuant to Executive order, supervise and coordinate the
activities of the Senior Interagency Group on International
Communications and Information Policy;
(4) coordinate the activities of, and assist as appropriate,
interagency working level task forces and committees concerned with
specific aspects of international communications and information policy;
(5) maintain liaison with the members and staffs of committees of the
Congress concerned with international communications and information
policy and provide testimony before such committees;
(6) maintain appropriate liaison with representatives of the private
sector to keep informed of their interests and problems, meet with them,
and provide such assistance as may be needed to ensure that matters of
concern to the private sector are promptly considered by the Department
or other executive branch agencies; and
(7) assist in arranging meetings of such public sector advisory
groups as may be established to advise the Department of State and other
executive branch agencies in connection with international
communications and information policy issues.
(Aug. 1, 1956, ch. 841, title I, 35, as added Nov. 22, 1983, Pub. L.
98-164, title I, 124, 97 Stat. 1025; amended Dec. 22, 1987, Pub. L.
100-204, title I, 173(a)(1), 101 Stat. 1360.)
A prior section 35 of act Aug. 1, 1956, which was renumbered section
36 by section 124 of Pub. L. 98-164, and subsequently renumbered, and
which was set out as a Short Title of 1956 Amendment note under section
2651 of this title, was repealed by Pub. L. 102-138, title I, 111(1),
Oct. 28, 1991, 105 Stat. 654.
1987 -- Subsec. (b). Pub. L. 100-204 inserted after second sentence
''The Coordinator shall be compensated at the annual rate of pay for
positions authorized by section 5315 of title 5.''
Section 173(b) of Pub. L. 100-204 provided that: ''The amendments
made by subsection (a) (amending this section and section 4303 of this
title) shall take effect 30 days after the date of enactment of this Act
(Dec. 22, 1987).''
Section 173(c) of Pub. L. 100-204 provided that: ''Any new spending
authority (as defined in section 401(c) of the Congressional Budget Act
of 1974 (2 U.S.C. 651(c))) provided by this section (amending sections
2707 and 4303 of this title) shall be effective for any fiscal year only
to such extent or in such amounts as are provided in advance in
appropriation Acts.''
22 USC 2708. Reward; information; international terrorism
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization of reward
The Secretary of State may pay a reward to any individual who
furnishes information --
(1) leading to the arrest or conviction, in any country, of any
individual for the commission of an act of international terrorism, or
(2) leading to the arrest or conviction, in any country, of any
individual for conspiring or attempting to commit an act of
international terrorism, or
(3) leading to the prevention, frustration, or favorable resolution
of an act of international terrorism,
if the act of international terrorism is against a United States
person or United States property and is primarily outside the
territorial jurisdiction of the United States.
(b) Rewards for information relating to international narcoterrorism
and drug trafficking
(1) The Secretary of State, upon the request of a chief of mission
and with the concurrence of the Attorney General, may pay a reward to
any individual who furnishes information leading to --
(A) the arrest or conviction in any country of any individual for
committing, primarily outside the territorial jurisdiction of the United
States, any narcotics-related offense if that offense involves or is a
significant part of conduct that involves --
(i) a violation of United States drug laws which occurs primarily
outside the territorial jurisdiction of the United States and which is
such that the individual would be a major violator of such laws; or
(ii) the killing or kidnapping outside the territorial jurisdiction
of the United States of --
(I) any officer, employee, or contract employee of the United States
Government while such individual is engaged in official duties, or on
account of that individual's official duties, in connection with the
enforcement of United States drug laws or the implementing of United
States drug control objectives; or
(II) a member of the immediate family of any such individual on
account of that individual's official duties in connection with the
enforcement of United States drug laws or the implementation of United
States drug control objectives; or
(iii) an attempt or conspiracy to do any of the acts described in
clause (i) or (ii); or
(B) the prevention or frustration of an act described in subparagraph
(A).
(2) The purpose of the rewards under this subsection is to assist
narcotics law enforcement in the effective arrest and prosecution of
major narcotics traffickers and, wherever appropriate, to offer rewards
in connection with the killing of, or the attempt to kill, any United
States officer or employee, in connection with the performance of
narcotics control duties by such officer or employee, or any member of
the family of such officer or employee. To ensure that the rewards
program authorized by this subsection, especially paragraph (1)(A)(i),
does not duplicate or interfere with the payment of informants or the
purchase of evidence or information, as authorized to the Department of
Justice, the offering, administration, and payment of rewards under this
subsection, including procedures for --
(A) identifying individuals, organizations, and offenses with respect
to which rewards will be offered,
(B) the publication of rewards,
(C) offering of joint rewards with foreign governments,
(D) the receipt and analysis of data,
(E) the payment and the approval of payment, and
(F) the recommendations of rewards by chiefs of mission to the
Secretary of State and the Attorney General,
shall be governed by procedures approved by the Secretary of State
and the Attorney General.
(c) Reward limitation; Presidential approval
A reward under this section may not exceed $2,000,000. A reward of
$100,000 or more may not be made without the approval of the President
or the Secretary of State personally.
(d) Advice; consultation; Attorney General
Before making a reward under subsection (a) of this section in a
matter over which there is Federal criminal jurisdiction, the Secretary
of State shall advise and consult with the Attorney General.
(e) Certification; payment
Any reward granted under this section shall be certified for payment
by the Secretary of State. If the Secretary determines that the
identity of the recipient of a reward or of the members of the
recipient's immediate family must be protected, the Secretary may take
such measures in connection with the payment of the reward as he deems
necessary to effect such protection.
(f) Officers or employees of government ineligible for reward
An officer or employee of any governmental entity who, while in the
performance of his or her official duties, furnishes information
described in subsection (a) or (b) of this section shall not be eligible
for a reward under this section.
(g) Authorization of appropriations
There are authorized to be appropriated, without fiscal year
limitation, $5,000,000 for use in paying rewards under this section, up
to $2,000,000 of which may be used for rewards for information described
in subsection (b)(1) of this section. In addition to the amount
authorized to be appropriated by the preceding sentence, there are
authorized to be appropriated, without fiscal year limitation,
$5,000,000 for ''Administration of Foreign Affairs'' for use in paying
rewards for information described in subsection (b)(1) of this section.
Additional funds to pay rewards under this section shall be authorized
to be appropriated in the annual authorizing legislation for the
Department of State.
(h) Report to Congress
Not later than 30 days after paying any reward under this section,
the Secretary of State shall submit a report to the Congress with
respect to that reward. The report, which may be submitted on a
classified basis if necessary, shall specify the amount of the reward
paid, to whom the reward was paid, and the acts with respect to which
the reward was paid, and shall discuss the significance of the
information for which the reward was paid in dealing with those acts.
(i) Definitions
As used in this section --
(1) the term ''United States drug laws'' means the laws of the United
States for the prevention and control of illicit traffic in controlled
substances (as such term is defined for purposes of the Controlled
Substances Act (21 U.S.C. 801 et seq.)); and
(2) the term ''member of the immediate family'' includes --
(A) a spouse, parent, brother, sister, or child of the individual;
(B) a person to whom the individual stands in loco parentis; and
(C) any other person living in the individual's household and related
to the individual by blood or marriage.
(Aug. 1, 1956, ch. 841, title I, 36, as added Oct. 19, 1984, Pub. L.
98-533, title I, 102, 98 Stat. 2708; amended Aug. 27, 1986, Pub. L.
99-399, title V, 502, 100 Stat. 869; Nov. 18, 1988, Pub. L. 100-690,
title IV, 4602, 102 Stat. 4287; Dec. 13, 1989, Pub. L. 101-231, 13(a),
103 Stat. 1963; Feb. 16, 1990, Pub. L. 101-246, title X, 1001, 104
Stat. 86.)
The Controlled Substances Act, referred to in subsec. (i), is title
II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which
is classified principally to subchapter I ( 801 et seq.) of chapter 13
of Title 21, Food and Drugs. For complete classification of this Act to
the Code, see Short Title note set out under section 801 of Title 21 and
Tables.
A prior section 36 of act Aug. 1, 1956, which was renumbered section
37 by section 102 of Pub. L. 98-533, and subsequently renumbered, and
which was set out as a Short Title of 1956 Amendment note under section
2651 of this title, was repealed by Pub. L. 102-138, title I, 111(1),
Oct. 28, 1991, 105 Stat. 654.
1990 -- Subsec. (c). Pub. L. 101-246, which directed amendment of
subsec. (c) by substituting ''$2,000,000'' for ''$500,000'', could not
be executed because ''$500,000'' did not appear after execution of the
amendment by Pub. L. 101-231. See 1989 Amendment note below.
1989 -- Subsec. (c). Pub. L. 101-231 substituted ''$2,000,000'' for
''$500,000''.
1988 -- Subsec. (g). Pub. L. 100-690 amended second sentence
generally. Prior to amendment, second sentence read as follows: ''In
addition to the amount authorized by the preceding sentence, there are
authorized to be appropriated $10,000,000 for fiscal year 1987 for
'Administration of Foreign Affairs' for use in paying rewards under this
section, up to $5,000,000 of which may be used for rewards for
information described in subsection (b)(1) of this section.''
1986 -- Subsecs. (b), (c). Pub. L. 99-399, 502(a), added subsec.
(b) and redesignated former subsec. (b) as (c). Former subsec. (c)
redesignated (d).
Subsec. (d). Pub. L. 99-399, 502(a)(1), (c)(1), redesignated former
subsec. (c) as (d), and substituted ''subsection (a) of this section''
for ''this section''. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 99-399, 502(a)(1), redesignated former subsec.
(d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 99-399, 502(a)(1), (c)(2), redesignated former
subsec. (e) as (f), and inserted ''or (b)''. Former subsec. (f)
redesignated (g).
Subsec. (g). Pub. L. 99-399, 502(a)(1), (b), redesignated former
subsec. (f) as (g), and inserted provision authorizing up to $2,000,000
for rewards for information described in subsec. (b)(1) of this section
and appropriating $10,000,000 for fiscal year 1987, of which up to
$5,000,000 may be used for rewards for information described in subsec.
(b)(1) of this section.
Subsecs. (h), (i). Pub. L. 99-399, 502(d), added subsecs. (h) and
(i).
Section 13(b) of Pub. L. 101-231 provided that: ''If the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (Pub. L.
101-246, Feb. 16, 1990, 104 Stat. 87), is enacted before this Act (Dec.
13, 1989), and that Act makes the same amendment as is described in
subsection (a) (amending this section), then subsection (a) shall not
take effect. If, however, this Act is enacted before the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991, and that Act
would make the same amendment as is made by subsection (a), then that
amendment as proposed to be made by that Act shall not take effect.''
Section 501 of Pub. L. 99-399 provided that: ''It is the sense of
the Congress that the Secretary of State should more vigorously utilize
the moneys available under section 36(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(a); relating to rewards for
information on international terrorism) to more effectively apprehend
and prosecute international terrorists. It is further the sense of the
Congress that the Secretary of State should consider widely publicizing
the sizable rewards available under present law so that major
international terrorist figures may be brought to justice.''
22 USC 2709. Special agents
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) General authority
Under such regulations as the Secretary of State may prescribe,
special agents of the Department of State and the Foreign Service may --
(1) conduct investigations concerning illegal passport or visa
issuance or use;
(2) for the purpose of conducting such investigations --
(A) obtain and execute search and arrest warrants,
(B) make arrests without warrant for any offense concerning passport
or visa issuance or use if the special agent has reasonable grounds to
believe that the person has committed or is committing such offense, and
(C) obtain and serve subpoenas and summonses issued under the
authority of the United States;
(3) protect and perform protective functions directly related to
maintaining the security and safety of --
(A) heads of a foreign state, official representatives of a foreign
government, and other distinguished visitors to the United States, while
in the United States;
(B) the Secretary of State, Deputy Secretary of State, and official
representatives of the United States Government, in the United States or
abroad;
(C) members of the immediate family of persons described in
subparagraph (A) or (B); and
(D) foreign missions (as defined in section 4302(a)(4) of this title)
and international organizations (as defined in section 4309(b) of this
title), within the United States;
(4) if designated by the Secretary and qualified, under regulations
approved by the Attorney General, for the use of firearms, carry
firearms for the purpose of performing the duties authorized by this
section; and
(5) arrest without warrant any person for a violation of section 111,
112, 351, 970, or 1028 of title 18 --
(A) in the case of a felony violation, if the special agent has
reasonable grounds to believe that such person --
(i) has committed or is committing such violation; and
(ii) is in or is fleeing from the immediate area of such violation;
and
(B) in the case of a felony or misdemeanor violation, if the
violation is committed in the presence of the special agent.
(b) Agreement with Attorney General and firearms regulations
(1) Agreement with Attorney General
The authority conferred by paragraphs (1), (2), (4), and (5) of
subsection (a) of this section shall be exercised subject to an
agreement with the Attorney General and shall not be construed to affect
the investigative authority of any other Federal law enforcement agency.
(2) Firearms regulations
The Secretary of State shall prescribe regulations, which shall be
approved by the Attorney General, with respect to the carrying and use
of firearms by special agents under this section.
(c) Secret Service not affected
Nothing in subsection (a)(3) of this section shall be construed to
preclude or limit in any way the authority of the United States Secret
Service to provide protective services pursuant to section 202 of title
3 or section 3056 of title 18 at a level commensurate with protective
requirements as determined by the United States Secret Service. The
Secretary of State, the Attorney General, and the Secretary of the
Treasury shall enter into an interagency agreement with respect to their
law enforcement functions.
(d) Transmission of regulations to Congress
The Secretary of State shall transmit the regulations prescribed
under this section to the Committee on Foreign Affairs and the Committee
on the Judiciary of the House of Representatives and the Committee on
Foreign Relations of the Senate not less than 20 days before the date on
which such regulations take effect.
(Aug. 1, 1956, ch. 841, title I, 37, as added Aug. 16, 1985, Pub. L.
99-93, title I, 125(a), 99 Stat. 415; amended Feb. 16, 1990, Pub. L.
101-246, title I, 113, 104 Stat. 22.)
A prior section 37 of act Aug. 1, 1956, which was renumbered section
38 by section 125(a) of Pub. L. 99-93, and subsequently renumbered, and
which was set out as a Short Title of 1956 Amendment note under section
2651 of this title, was repealed by Pub. L. 102-138, title I, 111(1),
Oct. 28, 1991, 105 Stat. 654.
1990 -- Subsec. (a)(2). Pub. L. 101-246, 113(1), added subpar. (B)
and redesignated former subpar. (B) as (C).
Subsec. (a)(5). Pub. L. 101-246, 113(2), amended introductory
provisions generally, substituting ''970, or 1028'' for ''911, 970,
1001, 1028, 1541, 1542, 1543, 1544, 1545, or 1546''.
22 USC 2710. Expenses relating to participation in arbitrations of
certain disputes
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) International agreements
The Secretary of State may use funds available to the Secretary for
the expenses of United States participation in arbitrations and other
proceedings for the peaceful resolution of disputes under treaties or
other international agreements.
(b) Contracts abroad
The Secretary of State may use funds available to the Secretary for
the expenses of United States participation in arbitrations arising
under contracts authorized by law for the performance of services or
acquisition of property, real or personal, abroad.
(Aug. 1, 1956, ch. 841, title I, 38, as added Aug. 16, 1985, Pub. L.
99-93, title I, 128, 99 Stat. 419.)
A prior section 38 of act Aug. 1, 1956, which was renumbered section
39 by section 128 of Pub. L. 99-93, and subsequently renumbered, and
which was set out as a Short Title of 1956 Amendment note under section
2651 of this title, was repealed by Pub. L. 102-138, title I, 111(1),
Oct. 28, 1991, 105 Stat. 654.
22 USC 2711. Counterterrorism Protection Fund
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authority
The Secretary of State may reimburse domestic and foreign persons,
agencies, or governments for the protection of judges or other persons
who provide assistance or information relating to terrorist incidents
primarily outside the territorial jurisdiction of the United States.
Before making a payment under this section in a matter over which there
is Federal criminal jurisdiction, the Secretary shall advise and consult
with the Attorney General.
(b) Authorization of appropriations
There are authorized to be appropriated to the Secretary of State for
''Administration of Foreign Affairs'' $1,000,000 for fiscal year 1986
and $1,000,000 for fiscal year 1987 for use in reimbursing persons,
agencies, or governments under this section.
(c) Designation of Fund
Amounts made available under this section may be referred to as the
''Counterterrorism Protection Fund''.
(Aug. 1, 1956, ch. 841, title I, 39, as added Aug. 27, 1986, Pub. L.
99-399, title V, 504(2), 100 Stat. 871.)
A prior section 39 of act Aug. 1, 1956, which was renumbered section
40 by section 504(1) of Pub. L. 99-399, and subsequently renumbered,
and which was set out as a Short Title of 1956 Amendment note under
section 2651 of this title, was repealed by Pub. L. 102-138, title I,
111(1), Oct. 28, 1991, 105 Stat. 654.
22 USC 2712. Authority to control certain terrorism-related services
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authority
The Secretary of State may, by regulation, impose controls on the
provision of the services described in subsection (b) of this section if
the Secretary determines that provision of such services would aid and
abet international terrorism.
(b) Services subject to control
The services subject to control under subsection (a) of this section
are the following:
(1) Serving in or with the security forces of a designated foreign
government.
(2) Providing training or other technical services having a direct
military, law enforcement, or intelligence application, to or for the
security forces of a designated foreign government.
Any regulations issued to impose controls on services described in
paragraph (2) shall list the specific types of training and other
services subject to the controls.
(c) Persons subject of controls
These services may be controlled under subsection (a) of this section
when they are provided within the United States by any individual or
entity and when they are provided anywhere in the world by a United
States person.
(d) Licenses
In carrying out subsection (a) of this section, the Secretary of
State may require licenses, which may be revoked, suspended, or amended,
without prior notice, whenever such action is deemed to be advisable.
(e) Definitions
(1) Designated foreign government
As used in this section, the term ''designated foreign government''
means a foreign government that the Secretary of State has determined,
for purposes of section 2405(j)(1) of title 50, Appendix, has repeatedly
provided support for acts of international terrorism.
(2) Security forces
As used in this section, the term ''security forces'' means any
military or paramilitary forces, any police or other law enforcement
agency (including any police or other law enforcement agency at the
regional or local level), and any intelligence agency of a foreign
government.
(3) United States
As used in this section, the term ''United States'' includes any
State, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any territory or
possession of the United States.
(4) United States person
As used in this section, the term ''United States person'' means any
United States national, any permanent resident alien, and any sole
proprietorship, partnership, company, association, or corporation
organized under the laws of or having its principal place of business
within the United States.
(f) Violations
(1) Penalties
Whoever willfully violates any regulation issued under this section
shall be fined not more than $100,000 or five times the total
compensation received for the conduct which constitutes the violation,
whichever is greater, or imprisoned for not more than ten years, or
both, for each such offense.
(2) Investigations
The Attorney General and the Secretary of the Treasury shall have
authority to investigate violations of regulations issued under this
section.
(g) Congressional oversight
(1) Review of regulations
Not less than 30 days before issuing any regulations under this
section (including any amendments thereto), the Secretary of State shall
transmit the proposed regulations to the Congress.
(2) Reports
Not less than once every six months, the Secretary of State shall
report to the Congress concerning the number and character of licenses
granted and denied during the previous reporting period, and such other
information as the Secretary may find to be relevant to the
accomplishment of the objectives of this section.
(h) Relationship to other laws
The authority granted by this section is in addition to the
authorities granted by any other provision of law.
(Aug. 1, 1956, ch. 841, title I, 40, as added Aug. 27, 1986, Pub. L.
99-399, title V, 506(2), 100 Stat. 871.)
A prior section 40 of act Aug. 1, 1956, which was renumbered section
41 by section 506(1) of Pub. L. 99-399, and subsequently renumbered,
and which was set out as a Short Title of 1956 Amendment note under
section 2651 of this title, was repealed by Pub. L. 102-138, title I,
111(1), Oct. 28, 1991, 105 Stat. 654.
22 USC 2713. Protection of historic and artistic furnishings of
reception areas of the Department of State Building
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) In general
The Secretary of State shall administer the historic and artistic
articles of furniture, fixtures, and decorative objects of the reception
areas of the Department of State by such means and measures as conform
to the purposes of the reception areas, which include conserving those
articles, fixtures, and objects and providing for their enjoyment in
such manner and by such means as will leave them for the use of the
American people. Nothing shall be done under this subsection which
conflicts with the administration of the Department of State or with the
use of the reception areas for official purposes of the United States
Government.
(b) Disposition of historic and artistic items
(1) Items covered
Articles of furniture, fixtures, and decorative objects of the
reception areas (and similar articles, fixtures, and objects acquired by
the Secretary of State), when declared by the Secretary of State to be
of historic or artistic interest, shall thereafter be considered to be
the property of the Secretary in his or her official capacity and shall
be subject to disposition solely in accordance with this subsection.
(2) Sale or trade
Whenever the Secretary of State determines that --
(A) any item covered by paragraph (1) is no longer needed for use or
display in the reception areas, or
(B) in order to upgrade the reception areas, a better use of that
article would be its sale or exchange,
the Secretary may, with the advice and concurrence of the Director of
the National Gallery of Art, sell the item at fair market value or trade
it, without regard to the requirements of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). The
proceeds of any such sale may be credited to the unconditional gift
account of the Department of State, and items obtained in trade shall be
the property of the Secretary of State under this subsection.
(3) Smithsonian Institution
The Secretary of State may also lend items covered by paragraph (1),
when not needed for use or display in the reception areas, to the
Smithsonian Institution or a similar institution for care, repair,
study, storage, or exhibition.
(c) ''Reception areas'' defined
For purposes of this section, the term ''reception areas'' means the
areas of the Department of State Building, located at 2201 C Street,
Northwest, Washington, District of Columbia, known as the Diplomatic
Reception Rooms (eighth floor), the Secretary of State's offices
(seventh floor), the Deputy Secretary of State's offices (seventh
floor), and the seventh floor reception area.
(Aug. 1, 1956, ch. 841, title I, 41, as added Dec. 22, 1987, Pub. L.
100-204, title I, 126(a)(2), 101 Stat. 1341.)
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (b)(2), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Provisions of that Act relating to management and
disposal of Government property are classified to chapter 10 ( 471 et
seq.) of Title 40, Public Buildings, Property, and Works. For complete
classification of this Act to the Code, see Short Title note set out
under section 471 of Title 40 and Tables.
A prior section 41 of act Aug. 1, 1956, which was renumbered section
42 by section 126(a)(1) of Pub. L. 100-204, and subsequently
renumbered, and which was set out as a Short Title of 1956 Amendment
note under section 2651 of this title, was repealed by Pub. L.
102-138, title I, 111(1), Oct. 28, 1991, 105 Stat. 654.
22 USC 2714. Denial of passports to certain convicted drug traffickers
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Ineligibility for passport
(1) In general
A passport may not be issued to an individual who is convicted of an
offense described in subsection (b) of this section during the period
described in subsection (c) of this section if the individual used a
passport or otherwise crossed an international border in committing the
offense.
(2) Passport revocation
The Secretary of State shall revoke a passport previously issued to
an individual who is ineligible to receive a passport under paragraph
(1).
(b) Drug law offenses
(1) Felonies
Subsection (a) of this section applies with respect to any individual
convicted of a Federal drug offense, or a State drug offense, if the
offense is a felony.
(2) Certain misdemeanors
Subsection (a) of this section also applies with respect to an
individual convicted of a Federal drug offense, or a State drug offense,
if the offense is /1/ misdemeanor, but only if the Secretary of State
determines that subsection (a) of this section should apply with respect
to that individual on account of that offense. This paragraph does not
apply to an individual's first conviction for a misdemeanor which
involves only possession of a controlled substance.
(c) Period of ineligibility
Subsection (a) of this section applies during the period that the
individual --
(1) is imprisoned, or is legally required to be imprisoned, as the
result of the conviction for the offense described in subsection (b) of
this section; or
(2) is on parole or other supervised release after having been
imprisoned as the result of that conviction.
(d) Emergency and humanitarian exceptions
Notwithstanding subsection (a) of this section, the Secretary of
State may issue a passport, in emergency circumstances or for
humanitarian reasons, to an individual with respect to whom that
subsection applies.
(e) Definitions
As used in this section --
(1) the term ''controlled substance'' has the same meaning as is
provided in section 102 of the Controlled Substances Act (21 U.S.C.
802);
(2) the term ''Federal drug offense'' means a violation of --
(A) the Controlled Substances Act (21 U.S.C. 801 et seq.) or the
Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.);
(B) any other Federal law involving controlled substances; or
(C) subchapter II of chapter 53 of title 31 (commonly referred to as
the ''Bank Secrecy Act''), or section 1956 or section 1957 of title 18
(commonly referred to as the ''Money Laundering Act''), if the Secretary
of State determines that the violation is related to illicit production
of or trafficking in a controlled substance;
(3) the term ''felony'' means a criminal offense punishable by death
or imprisonment for more than one year;
(4) the term ''imprisoned'' means an individual is confined in or
otherwise restricted to a jail-type institution, a half-way house, a
treatment facility, or another institution, on a full or part-time
basis, pursuant to the sentence imposed as the result of a conviction;
(5) the term ''misdemeanor'' means a criminal offense other than a
felony;
(6) the term ''State drug offense'' means a violation of State law
involving the manufacture, distribution, or possession of a controlled
substance; and
(7) the term ''State law'' means the law of a State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, or a territory or
possession of the United States.
(Aug. 1, 1956, ch. 841, title I, 42, as added Nov. 18, 1988, Pub. L.
100-690, title IV, 4603(2), 102 Stat. 4287.)
The Controlled Substances Act, referred to in subsec. (e)(2)(A), is
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended,
which is classified principally to subchapter I ( 801 et seq.) of
chapter 13 of Title 21, Food and Drugs. For complete classification of
this Act to the Code, see Short Title note set out under section 801 of
Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsec. (e)(2)(A), is title III of Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1285, as amended, which is classified principally to subchapter
II ( 951 et seq.) of chapter 13 of Title 21. For complete
classification of this Act to the Code, see Short Title note set out
under section 951 of Title 21 and Tables.
A prior section 42 of act Aug. 1, 1956, which was renumbered section
43 by section 4603(1) of Pub. L. 100-690, and subsequently renumbered,
and which was set out as a Short Title of 1956 Amendment note under
section 2651 of this title, was repealed by Pub. L. 102-138, title I,
111(1), Oct. 28, 1991, 105 Stat. 654.
/1/ So in original. Probably should be followed by ''a''.
22 USC 2715. Procedures regarding major disasters and incidents abroad
affecting United States citizens
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In the case of a major disaster or incident abroad which affects the
health and safety of citizens of the United States residing or traveling
abroad, the Secretary of State shall provide prompt and thorough
notification of all appropriate information concerning such disaster or
incident and its effect on United States citizens to the next-of-kin of
such individuals. Notification shall be provided through the most
expeditious means available, including telephone communications, and
shall include timely written notice. The Secretary, through the
appropriate offices of the Department of State, shall act as a
clearinghouse for up-to-date information for the next-of-kin and shall
provide other services and assistance. Assistance shall include liaison
with foreign governments and persons and with United States air carriers
concerning arrangements for the preparation and transport to the United
States of the remains of citizens who die abroad, as well as disposition
of personal effects.
(Aug. 1, 1956, ch. 841, title I, 43, as added Feb. 16, 1990, Pub. L.
101-246, title I, 115(c)(2), 104 Stat. 23.)
A prior section 43 of act Aug. 1, 1956, which was renumbered section
44 by section 115(c)(1) of Pub. L. 101-246, and subsequently
renumbered, and which was set out as a Short Title of 1956 Amendment
note under section 2651 of this title, was repealed by Pub. L.
102-138, title I, 111(1), Oct. 28, 1991, 105 Stat. 654.
Section 115(d) of Pub. L. 101-246 provided that:
''(1) The Secretary of State shall enter into discussions with
international air carriers and other appropriate entities to develop
standardized procedures which will assist the Secretary in implementing
the provisions of section 43 of the State Department Basic Authorities
Act of 1956, as amended by subsection (c) (22 U.S.C. 2715).
''(2) The Secretary of State shall consider the feasibility of
establishing a toll-free telephone number to facilitate inquiries by the
next-of-kin in cases of major disasters or incidents abroad which affect
the health and safety of citizens of the United States residing or
traveling abroad.''
22 USC 2716. Debt collection
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Contract authority
(1) Subject to the availability of appropriations, the Secretary of
State shall enter into contracts for collection services to recover
indebtedness owed by a person, other than a foreign country, to the
United States which arises out of activities of the Department of State
and is delinquent by more than 90 days.
(2) Each contract entered into under this section shall provide that
the person with whom the Secretary enters into such contract shall
submit to the Secretary at least once every 180 days a status report on
the success of the person in collecting debts. Section 3718 of title 31
shall apply to any such contract to the extent that such section is not
inconsistent with this subsection.
(b) Disclosure of delinquent debt to credit reporting agencies
The Secretary of State shall, to the extent otherwise allowed by law,
disclose to those credit reporting agencies to which the Secretary
reports loan activity information concerning any debt of more than $100
owed by a person, other than a foreign country, to the United States
which arises out of activities of the Department of State and is
delinquent by more than 31 days.
(Aug. 1, 1956, ch. 841, title I, 44, as added Feb. 16, 1990, Pub. L.
101-246, title I, 117(2), 104 Stat. 25.)
A prior section 44 of act Aug. 1, 1956, which was renumbered section
45 by section 117(1) of Pub. L. 101-246, and subsequently renumbered,
and which was set out as a Short Title of 1956 Amendment note under
section 2651 of this title, was repealed by Pub. L. 102-138, title I,
111(1), Oct. 28, 1991, 105 Stat. 654.
22 USC 2717. Defense trade controls registration fees
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Defense trade controls registration fees
For each fiscal year, $700,000 of the registration fees collected by
the Office of Defense Trade Controls of the Department of State shall be
credited to a Department of State account, to be available without
fiscal year limitation. Fees credited to that account shall be
available only for payment of expenses incurred for --
(1) contract personnel to assist in the evaluation of defense trade
controls license applications, reduction in processing time for license
applications, and improved monitoring of compliance with the terms of
licenses; and
(2) the automation of defense trade controls functions and the
processing of defense trade controls license applications, including the
development, procurement, and utilization of computer equipment and
related software.
(b) Budget Act compliance
The authority contained in subsection (a) of this section shall be
exercised to such extent and in such amounts as are to be provided in an
appropriation Act.
(Aug. 1, 1956, ch. 841, title I, 45, as added Feb. 16, 1990, Pub. L.
101-246, title I, 118(2), 104 Stat. 25, and amended Oct. 28, 1991, Pub.
L. 102-138, title I, 126, 105 Stat. 659.)
The Budget Act, referred to in subsec. (b) heading, probably means
the Congressional Budget Act of 1974, titles I through IX of Pub. L.
93-344, July 12, 1974, 88 Stat. 297, as amended. For complete
classification of this Act to the Code, see Short Title note set out
under section 621 of Title 2, The Congress, and Tables.
A prior section 45 of act Aug. 1, 1956, which was renumbered section
46 by section 118(1) of Pub. L. 101-246, and subsequently renumbered,
and which was set out as a Short Title of 1956 Amendment note under
section 2651 of this title, was repealed by Pub. L. 102-138, title I,
111(1), Oct. 28, 1991, 105 Stat. 654.
1991 -- Pub. L. 102-138, 126(1), substituted ''Defense trade
controls registration fees'' for ''Munitions control registration fees''
in section catchline.
Subsec. (a). Pub. L. 102-138, 126, substituted in heading ''Defense
trade controls registration fees'' for ''Munitions control registration
fees'' and in text ''$700,000'' for ''$500,000'', ''Defense Trade
Controls'' for ''Munitions Control'', and ''defense trade controls'' for
''munitions control'' wherever appearing.
22 USC 2718. Fees received for use of Blair House
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Use of fees
Notwithstanding any other provision of law, funds received by the
Department of State in connection with 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 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.
(Aug. 1, 1956, ch. 841, title I, 46, as added Feb. 16, 1990, Pub. L.
101-246, title I, 119(2), 104 Stat. 26, and amended Oct. 28, 1991, Pub.
L. 102-138, title I, 123, 105 Stat. 659.)
The Budget Act, referred to in subsec. (b) heading, probably means
the Congressional Budget Act of 1974, titles I through IX of Pub. L.
93-344, July 12, 1974, 88 Stat. 297, as amended. For complete
classification of this Act to the Code, see Short Title note set out
under section 621 of Title 2, The Congress, and Tables.
A prior section 46 of act Aug. 1, 1956, which was renumbered section
47 by section 119(1) of Pub. L. 101-246, and subsequently renumbered,
and which was set out as a Short Title of 1956 Amendment note under
section 2651 of this title, was repealed by Pub. L. 102-138, title I,
111(1), Oct. 28, 1991, 105 Stat. 654.
1991 -- Subsec. (a). Pub. L. 102-138 struck out ''for the fiscal
years 1990 and 1991,'' after ''provision of law,''.
22 USC 2719. Grants for training and education in international affairs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of State may make grants to postsecondary educational
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 3905 of this title. 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 grants 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.
(Aug. 1, 1956, ch. 841, title I, 47, as added Feb. 16, 1990, Pub. L.
101-246, title I, 150(2), 104 Stat. 42.)
A prior section 47 of act Aug. 1, 1956, which was renumbered section
48 by section 150(1) of Pub. L. 101-246, and which was set out as a
Short Title of 1956 Amendment note under section 2651 of this title, was
repealed by Pub. L. 102-138, title I, 111(1), Oct. 28, 1991, 105 Stat.
654.
22 USC 2720. Closing of consular and diplomatic posts abroad
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Prohibited uses of funds
Except as provided under subsection (d) of this section or in
accordance with the procedures under subsections (b) and (c) of this
section --
(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 2706 of this title 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) ''Consular or diplomatic post'' defined
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.
(Aug. 1, 1956, ch. 841, title I, 48, as added Oct. 28, 1991, Pub. L.
102-138, title I, 112(a)(1), 105 Stat. 654.)
A prior section 48 of act Aug. 1, 1956, which was set out as a Short
Title of 1956 Amendment note under section 2651 of this title, was
repealed by Pub. L. 102-138, title I, 111(1), Oct. 28, 1991, 105 Stat.
654.
Provisions similar to this section were contained in Pub. L.
100-204, title I, 122, Dec. 22, 1987, 101 Stat. 1339, which was set
out as a note under section 2656 of this title and which was repealed by
Pub. L. 102-138, title I, 112(b), Oct. 28, 1991, 105 Stat. 655.
22 USC 2721. Impermissible basis for denial of passports
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
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 protected by the first
amendment to the Constitution of the United States.
(Aug. 1, 1956, ch. 841, title I, 49, as added Oct. 28, 1991, Pub. L.
102-138, title I, 113, 105 Stat. 655.)
22 USC 2722. International meetings
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(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) of this section
are authorized to be retained and credited to the appropriate
appropriation account of the Department of State which is available.
(Aug. 1, 1956, ch. 841, title I, 50, as added Oct. 28, 1991, Pub. L.
102-138, title I, 119, 105 Stat. 658.)
22 USC 2723. Denial of visas
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(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.
(Aug. 1, 1956, ch. 841, title I, 51, as added Oct. 28, 1991, Pub. L.
102-138, title I, 127(a), 105 Stat. 660.)
22 USC CHAPTER 39 -- ARMS EXPORT CONTROL
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
2751. Need for international defense cooperation and military export
controls; Presidential waiver; report to Congress; arms sales policy.
2752. Coordination with foreign policy.
(a) Noninfringement of powers or functions of Secretary of State.
(b) Responsibility for supervision and direction of sales, leases,
financing, cooperative projects, and exports.
(c) Coordination among representatives of United States.
2753. Eligibility for defense services or defense articles.
(a) Prerequisites for consent by President; report to Congress.
(b) Repealed.
(c) Termination of credits, guaranties or sales; report of violation
by President; national security exception; conditions for
reinstatement.
(d) Submission of written certification to Congress; contents;
classified material; effective date of consent; report to Congress;
transfers not subject to procedures.
(e) Transfers without consent of President; report to Congress.
2754. Purposes for which military sales or leases by the United
States are authorized; report to Congress.
2755. Discrimination prohibited if based on race, religion, national
origin, or sex.
(a) Congressional declaration of policy.
(b) Employment of personnel; required contractual provision.
(c) Report by President; contents.
(d) Congressional request for information from President;
information required; 60 day period; failure to supply information;
termination or restriction of sale.
2756. Foreign intimidation and harassment of individuals in United
States.
2761. Sales from stocks.
(a) Eligible countries or international organizations; basis of
payment; valuation of certain defense articles.
(b) Time of payment.
(c) Personnel performing defense services sold as prohibited from
performing combat activities.
(d) Billings; interest after due date, rates of interest and
extension of due date.
(e) Charges; reduction or waiver.
(f) Public inspection of contracts.
(g) North Atlantic Treaty Organization standardization agreements,
similar agreements; reimbursement for costs; transmittal to Congress.
(h) Reciprocal quality assurance, inspection, contract administrative
services, and contract audit defense services; catalog data and
services.
(i) Sales affecting combat readiness of Armed Forces; statement to
Congress; limitation on delivery.
2762. Procurement for cash sales.
(a) Authority of President; dependable undertaking by foreign
country or international organization; interest rates.
(b) Issuance of letters of offer under emergency determination;
availability of appropriations for payment.
(c) Applicability of Renegotiation Act of 1951.
2763. Credit sales.
(a) Financing procurement of defense articles and services, and
design and construction services.
(b) Repayment period.
(c) Interest rate; definitions.
(d) Participations in credits.
(e) Payments on account of prior credits or loans.
2764. Guaranties.
(a) Guaranty against political and credit risks of nonpayment.
(b) Sale of promissory notes of friendly countries and international
organizations; guaranty of payment.
(c) Guaranty Reserve Fund; payment of guaranties; guaranty reserve
below prescribed amount.
2765. Annual estimate and justification for sales program.
(a) Report to Congress; contents.
(b) Congressional request for additional information.
(c) Submission of information in unclassified form or classified
addendum with unclassified summary.
(d) ''Cash flow financing'' defined.
(d) Transmission of information to Congress.
2766. Security assistance surveys.
(a) Statement of findings and policy.
(b) Reporting requirements.
(c) Submission of surveys to Congress.
(d) ''Security assistance surveys'' defined.
2767. Authority of President to enter into cooperative projects with
friendly foreign countries.
(a) Authority of President.
(b) Definitions.
(c) Agreements for equitable share of costs; limiting nature of
agreements.
(d) Contractual or other obligation; preconditions.
(e) Waiver of charges; administrative surcharges.
(f) Transmission of numbered certification to Congress respecting
proposed agreement; contents.
(g) Reporting and certification requirements applicable.
(h) Statutory provisions applicable to sales.
(i) Agreements entered into before October 1, 1985.
(j) Cooperative project agreements with friendly foreign countries
not members of NATO; reporting requirements.
2767a. Repealed.
2768. Reports on price and availability estimates.
(a) Estimates to foreign countries respecting defense articles or
services.
(b) Requests from foreign countries respecting offers to sell defense
articles or services.
2769. Foreign military construction sales.
2770. General authority.
(a) Sale of defense articles and services by President to United
States companies; restriction on performance of services;
reimbursement credited to selling agency.
(b) Conditions of sale.
(c) ''Defense articles'' and ''defense services'' defined.
2770a. Exchange of training and related support.
(a) Authorization; eligibility; scope.
(b) Reciprocal arrangements; reimbursement.
(c) Regulations.
(d) Report to Congress.
2771. Military sales authorizations and ceilings.
(a) Authorization for foreign military sales credit and guarantee
program.
(b) Aggregate ceilings on credit sales; availability at concessional
rates of interest.
(c) Extended repayment terms.
(d) Aggregate acquisition cost ceiling for ordered excess defense
articles.
2772. Prohibition against certain military export financing by
Export-Import Bank.
2773. Restraint in arms sales to Sub-Saharan Africa.
2774. Foreign military sales credit standards.
2775. Foreign military sales to less developed countries.
2776. Reports and certifications to Congress on military exports;
enhancements or upgrades in sensitivity of technology or capability of
major defense articles, equipment, or services.
(a) Report by President; contents.
(b) Letter of offer to sell defense articles, services, design and
construction services, or major equipment; submission of numbered
Presidential certification and additional statement; contents;
emergency justification statement; enhancements or upgrades in
sensitivity of technology or capability of major defense articles,
equipment, or services.
(c) Application for export license; submission of numbered
Presidential certification and statement to Congress; contents;
emergency circumstances; joint resolution; exception.
(d) Commercial technical assistance or manufacturing licensing
agreements with non-North Atlantic Treaty Organization member countries;
submission of Presidential certification; contents.
2777. Fiscal provisions relating to foreign military sales credits.
(a) Permissible uses of cash payments under sections 2761, 2762,
2763, and 2769.
(b) Transfer of funds to miscellaneous receipts of Treasury.
(c) Credit of funds to reserve under section 2764(c).
2778. Control of arms exports and imports.
(a) Presidential control of exports and imports of defense articles
and services, guidance of policy, etc.; designation of United States
Munitions List; issuance of export licenses; condition for export;
negotiations information.
(b) Registration and licensing requirements for manufacturers,
exporters, or importers of designated defense articles and defense
services.
(c) Criminal violations; punishment.
(d) Repealed.
(e) Enforcement powers of President.
(f) Periodic review of items on Munitions List.
(g) Identification of persons convicted or subject to indictment for
violations of certain provisions.
(h) Judicial review of designation of items as defense articles or
services.
2778a. Exportation of uranium depleted in the isotope 235.
2779. Fees of military sales agents.
(a) Adequate and timely reports to Secretary of State; maintenance
of records.
(b) Presidential regulation.
(c) Allocation to contract; improper influence.
(d) Availability of records to Congress and Federal agencies.
2780. Transactions with countries supporting acts of international
terrorism.
(a) Prohibited transactions by United States Government.
(b) Prohibited transactions by United States persons.
(c) Transfers to governments and persons covered.
(d) Countries covered by prohibition.
(e) Publication of determinations.
(f) Rescission.
(g) Waiver.
(h) Exemption for transactions subject to National Security Act
reporting requirements.
(i) Relation to other laws.
(j) Criminal penalty.
(k) Civil penalties; enforcement.
(l) Definitions.
2791. General provisions.
(a) Considerations in procurement outside United States.
(b) Information to Congress on credit sales and guaranties.
(c) Availability of funds for procurement outside United States.
(d) Responsibility of Secretary of Defense with respect to sales and
guaranties.
(e) Revocation and suspension provisions of contracts for sale and
export licenses; appropriations for refunds.
(f) Use of civilian contract personnel in foreign countries.
2792. Administrative expenses.
(a) Availability of funds.
(b) Charges for administrative expenses and official reception and
representation expenses.
(c) Limitations on funds used for official reception and
representation expenses.
2793. Other provisions unaffected.
2794. Definitions.
2795. Fund.
(a) Establishment; purposes; special requirements and
responsibilities; continuous orders for certain articles and services;
articles for narcotics control purposes.
(b) Collections in Fund.
(c) Amounts.
2795a. Use and transfer of items procured by Fund.
(a) Authorization.
(b) Temporary use.
(c) Storage, maintenance and other costs.
2795b. Annual reports to Congress.
(a) Comprehensive report on acquisitions of defense articles and
services.
(b) Estimate of likely procurements to be made through Fund.
2796. Leasing authority.
(a) Preconditions.
(b) Duration; termination.
(c) Applicable statutory authorities.
2796a. Reports to Congress.
(a) Written certification to Speaker of the House and chairmen of
Congressional committees.
(b) Waiver; determination of emergency.
2796b. Legislative review procedures.
(a) Applicability.
(b) Consideration of resolution.
(c) Highly privileged nature of resolution.
2796c. Applicability of other statutory provisions.
2796d. Loan of materials, supplies, and equipment for research and
development purposes.
(a) Loan or gift transactions; written agreement; covered programs.
(b) Reimbursement of consumed materials, etc.
(c) Prohibitions.
(d) ''NATO or major non-NATO ally'' defined.
2797. Licensing.
(a) Establishment of list of controlled items.
(b) Referral of license applications.
(c) Information sharing.
2797a. Denial of transfer of missile equipment or technology by
United States persons.
(a) Sanctions.
(b) Discretionary sanctions.
(c) Waiver.
2797b. Transfers of missile equipment or technology by foreign
persons.
(a) Sanctions.
(b) Inapplicability with respect to MTCR adherents.
(c) Effect of enforcement actions by MTCR adherents.
(d) Advisory opinions.
(e) Waiver and report to Congress.
(f) Additional waiver.
(g) Exceptions.
2797c. Definitions.
2798. Sanctions against certain foreign persons.
(a) Imposition of sanctions.
(b) Consultations with and actions by foreign government of
jurisdiction.
(c) Sanctions.
(d) Termination of sanctions.
(e) Waiver.
(f) ''Foreign person'' defined.
2799. Purpose.
2799a. CFE Treaty obligations.
2799b. Authorities.
(a) General authority.
(b) Acceptance of NATO assistance in eliminating direct costs of
transfers.
(c) Acceptance of NATO assistance in meeting certain United States
obligations.
(d) Authority to transfer on grant basis.
(e) Third country transfers restrictions.
(f) Maintenance of military balance in Eastern Mediterranean.
(g) Expiration of authority.
2799c. Notifications and reports to Congress.
(a) Notifications.
(b) Annual reports.
2799d. Definitions.
10 sections 130, 2344, 2350b, 2350c; title 12 section
635; title 15 section 4605; title 18 section 2516;
title 26 section 901; title 49 App. section 1515a;
title 50 section 415.
22 USC SUBCHAPTER I -- FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES
AND RESTRAINTS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2751. Need for international defense cooperation and military
export controls; Presidential waiver; report to Congress; arms sales
policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
As declared by the Congress in the Arms Control and Disarmament Act
(22 U.S.C. 2551 et seq.), an ultimate goal of the United States
continues to be a world which is free from the scourge of war and the
dangers and burdens of armaments; in which the use of force has been
subordinated to the rule of law; and in which international adjustments
to a changing world are achieved peacefully. In furtherance of that
goal, it remains the policy of the United States to encourage regional
arms control and disarmament agreements and to discourage arms races.
The Congress recognizes, however, that the United States and other
free and independent countries continue to have valid requirements for
effective and mutually beneficial defense relationships in order to
maintain and foster the environment of international peace and security
essential to social, economic, and political progress. Because of the
growing cost and complexity of defense equipment, it is increasingly
difficult and uneconomic for any country, particularly a developing
country, to fill all of its legitimate defense requirements from its own
design and production base. The need for international defense
cooperation among the United States and those friendly countries to
which it is allied by mutual defense treaties is especially important,
since the effectiveness of their armed forces to act in concert to deter
or defeat aggression is directly related to the operational
compatibility of their defense equipment.
Accordingly, it remains the policy of the United States to facilitate
the common defense by entering into international arrangements with
friendly countries which further the objective of applying agreed
resources of each country to programs and projects of cooperative
exchange of data, research, development, production, procurement, and
logistics support to achieve specific national defense requirements and
objectives of mutual concern. To this end, this chapter authorizes
sales by the United States Government to friendly countries having
sufficient wealth to maintain and equip their own military forces at
adequate strength, or to assume progressively larger shares of the costs
thereof, without undue burden to their economies, in accordance with the
restraints and control measures specified herein and in furtherance of
the security objectives of the United States and of the purposes and
principles of the United Nations Charter.
It is the sense of the Congress that all such sales be approved only
when they are consistent with the foreign policy interests of the United
States, the purposes of the foreign assistance program of the United
States as embodied in the Foreign Assistance Act of 1961, as amended (22
U.S.C. 2151 et seq.), the extent and character of the military
requirement, and the economic and financial capability of the recipient
country, with particular regard being given, where appropriate, to
proper balance among such sales, grant military assistance, and economic
assistance as well as to the impact of the sales on programs of social
and economic development and on existing or incipient arms races.
It shall be the policy of the United States to exert leadership in
the world community to bring about arrangements for reducing the
international trade in implements of war and to lessen the danger of
outbreak of regional conflict and the burdens of armaments. United
States programs for or procedures governing the export, sale, and grant
of defense articles and defense services to foreign countries and
international organizations shall be administered in a manner which will
carry out this policy.
It is the sense of the Congress that the President should seek to
initiate multilateral discussions for the purpose of reaching agreements
among the principal arms suppliers and arms purchasers and other
countries with respect to the control of the international trade in
armaments. It is further the sense of Congress that the President
should work actively with all nations to check and control the
international sale and distribution of conventional weapons of death and
destruction and to encourage regional arms control arrangements. In
furtherance of this policy, the President should undertake a concerted
effort to convene an international conference of major arms-supplying
and arms-purchasing nations which shall consider measures to limit
conventional arms transfers in the interest of international peace and
stability.
It is the sense of the Congress that the aggregate value of defense
articles and defense services --
(1) which are sold under section 2761 or section 2762 of this title;
or
(2) which are licensed or approved for export under section 2778 of
this title to, for the use, or for benefit of the armed forces, police,
intelligence, or other internal security forces of a foreign country or
international organization under a commercial sales contract;
in any fiscal year should not exceed current levels.
It is the sense of the Congress that the President maintain adherence
to a policy of restraint in conventional arms transfers and that, in
implementing this policy worldwide, a balanced approach should be taken
and full regard given to the security interests of the United States in
all regions of the world and that particular attention should be paid to
controlling the flow of conventional arms to the nations of the
developing world. To this end, the President is encouraged to continue
discussions with other arms suppliers in order to restrain the flow of
conventional arms to less developed countries.
(Pub. L. 90-629, ch. 1, 1, Oct. 22, 1968, 82 Stat. 1321; Pub. L.
91-672, 4, Jan. 12, 1971, 84 Stat. 2053; Pub. L. 93-189, 25(1), Dec.
17, 1973, 87 Stat. 729; Pub. L. 94-329, title II, 202, formerly 202(
a), June 30, 1976, 90 Stat. 734, renumbered and amended Pub. L. 95-384,
15(a), 29(c)(1)(A), Sept. 26, 1978, 92 Stat. 739, 747; Pub. L.
97-113, title VII, 734(a)(10), Dec. 29, 1981, 95 Stat. 1560.)
The Arms Control and Disarmament Act, referred to in text, is Pub.
L. 87-297, Sept. 26, 1961, 75 Stat. 631, as amended, which is
classified generally to chapter 35 ( 2551 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2551 of this title, and Tables.
The Foreign Assistance Act of 1961, as amended, referred to in text,
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is
classified principally to chapter 32 ( 2151 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
Section 201(b) of Pub. L. 94-329 provided that: ''Any reference to
the Foreign Military Sales Act (see Short Title note above) shall be
deemed to be a reference to the Arms Export Control Act.''
Application of Other Provisions to This Chapter
Section 45(c) of Pub. L. 90-629 provided that: ''References in law
to the provisions of law repealed by subsection (a) of this section
(repealing sections 2341 to 2343, 2344(b)(3), 2345, 2394(g), and 2399a
of this title) shall hereafter (on and after Oct. 22, 1968) be deemed to
be references to this Act (this chapter) or appropriate provisions of
this Act. Except for the laws specified in section 44 (section 2793 of
this title), no other provision of law shall be deemed to apply to this
Act unless it refers specifically to this Act or refers generally to
sales of defense articles and defense services under any Act.''
1981 -- Pub. L. 97-113 struck out paragraph which provided that it
was the sense of Congress that sales and guaranties under sections 2761,
2762, 2763, and 2764 of this title not be approved where they would have
had the effect of arming military dictators who were denying the growth
of fundamental rights or social progress to their own people but
allowing the President to waive this limitation when he determined it
would be important to the security of the United States, and promptly so
reported to the Speaker of the House of Representatives and the
Committee on Foreign Relations in the Senate.
1978 -- Pub. L. 95-384, 15(a), inserted paragraph relating to
adherence to a policy of restraint in conventional arms transfer.
1976 -- Pub. L. 94-329 substituted in last paragraph provision
relating to a new statement of policy whereby the United States shall
exert leadership in the reduction of international trade in arms, and in
that regard, the President to initiate discussions and actively work
with other nations with a view towards control of international trade in
arms, for provisions relating to a reduction in the role of the United
States in furnishing of defense articles and defense services to foreign
countries and international organizations by decreasing sales, credit
sales and guarantees of such articles and services.
1973 -- Pub. L. 93-189 inserted last paragraph relating to a
reduction by the United States in the furnishing of defense articles and
defense services to foreign countries.
1971 -- Pub. L. 91-672 substituted ''denying the growth of
fundamental rights or social progress'' for ''denying social progress''
in last par.
Section 41 of Pub. L. 90-629 provided that: ''This Act (enacting
this chapter, amending sections 2344, 2382, 2392, 2394, and 2403 of this
title, repealing sections 2341 to 2343, 2345, and 2399a of this title,
and enacting provisions set out as notes under this section and section
2341 of this title) shall take effect on July 1, 1968.''
Pub. L. 102-228, 1, Dec. 12, 1991, 105 Stat. 1691, provided that:
''This Act (enacting sections 2595b-1 and 2799 to 2799d of this title,
amending sections 2581, 2589, 2595, and 2595c of this title, and
enacting provisions set out as notes under section 2551 of this title)
may be cited as the 'Conventional Forces in Europe Treaty Implementation
Act of 1991'.''
Pub. L. 90-629, as amended by section 201(a) of Pub. L. 94-329,
provided: ''That this Act (enacting this chapter, amending sections
2382, 2392, 2394, and 2403 of this title, repealing sections 2341 to
2343, 2344, 2345, 2394, and 2399 of this title, and enacting provisions
set out as notes under this section and section 2341 of this title) may
be cited as the 'Arms Export Control Act'.''
Pub. L. 102-229, title I, 104, Dec. 12, 1991, 105 Stat. 1707,
provided that:
''(a) No funds appropriated or otherwise made available by this or
any other Act may be used in any fiscal year to conduct, support, or
administer any sale of defense articles or defense services to Saudi
Arabia or Kuwait until that country has paid in full, either in cash or
in mutually agreed in-kind contributions, the following commitments made
to the United States to support Operation Desert Shield/Desert Storm:
''(1) In the case of Saudi Arabia, $16,839,000,000.
''(2) In the case of Kuwait, $16,006,000,000.
''(b) For purposes of this section, the term 'any sale' means any
sale with respect to which the President is required to submit a
numbered certification to the Congress pursuant to the Arms Export
Control Act (22 U.S.C. 2751 et seq.) on or after the effective date of
this section.
''(c) This section shall take effect 120 days after the date of
enactment of this joint resolution (Dec. 12, 1991).
''(d) Any military equipment of the United States, including battle
tanks, armored combat vehicles, and artillery, included within the
Conventional Forces in Europe Treaty definition of 'conventional
armaments and equipment limited by the Treaty', which may be transferred
to any other NATO country shall be subject to the notification
procedures stated in section 523 of Public Law 101-513 (104 Stat. 2007)
and in section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1).''
Pub. L. 102-190, div. A, title X, 1097, Dec. 5, 1991, 105 Stat.
1489, provided that:
''(a) Report Required. -- (1) The President shall submit to the
Committees on Armed Services and Foreign Affairs of the House of
Representatives and the Committees on Armed Services and Foreign
Relations of the Senate an annual report on the transfer by any country
of weapons, technology, or materials that can be used to deliver,
manufacture, or weaponize nuclear, biological, or chemical weapons
(hereinafter in this section referred to as 'NBC weapons') to any
country other than a country referred to in subsection (d) that is
seeking to acquire such weapons, technology, or materials, or other
system that the Secretary of Defense has reason to believe could be used
to deliver NBC weapons.
''(2) The first such report shall be submitted not later than 90 days
after the date of the enactment of this Act (Dec. 5, 1991).
''(b) Matters To Be Covered. -- Each such report shall cover --
''(1) the transfer of all aircraft, cruise missiles, artillery
weapons, unguided rockets and multiple rocket systems, and related
bombs, shells, warheads and other weaponization technology and materials
that the Secretary has reason to believe may be intended for the
delivery of NBC weapons;
''(2) international transfers of MTCR equipment or technology to any
country that is seeking to acquire such equipment or any other system
that the Secretary has reason to believe may be used to deliver NBC
weapons; and
''(3) the transfer of technology, test equipment, radioactive
materials, feedstocks and cultures, and all other specialized materials
that the Secretary has reason to believe could be used to manufacture
NBC weapons.
''(c) Content of Report. -- Each such report shall include the
following:
''(1) The status of missile, aircraft, and other weapons delivery and
weaponization programs in any such country, including efforts by such
country to acquire MTCR equipment, NBC-capable aircraft, or any other
weapon or major weapon component which is dedicated to the delivery of
NBC weapons, whose primary use is the delivery of NBC weapons, or that
the Secretary has reason to believe could be used to deliver NBC
weapons.
''(2) The status of NBC weapons development, manufacture, and
deployment programs in any such country, including efforts to acquire
essential test equipment, manufacturing equipment and technology,
weaponization equipment and technology, and radioactive material,
feedstocks or components of feedstocks, and biological cultures and
toxins.
''(3) A description of assistance provided by any person or
government, after the date of the enactment of this Act (Dec. 5, 1991),
to any such country in the development of --
''(A) missile systems, as defined in the MTCR or that the Secretary
has reason to believe may be used to deliver NBC weapons;
''(B) aircraft and other delivery systems and weapons that the
Secretary has reason to believe could be used to deliver NBC weapons;
and
''(C) NBC weapons.
''(4) A listing of those persons and countries which continue to
provide such equipment or technology described in paragraph (3) to any
country as of the date of submission of the report.
''(5) A description of the diplomatic measures that the United
States, and that other adherents to the MTCR and other agreements
affecting the acquisition and delivery of NBC weapons, have made with
respect to activities and private persons and governments suspected of
violating the MTCR and such other agreements.
''(6) An analysis of the effectiveness of the regulatory and
enforcement regimes of the United States and other countries that adhere
to the MTCR and other agreements affecting the acquisition and delivery
of NBC weapons in controlling the export of MTCR and other NBC weapons
and delivery system equipment or technology.
''(7) A summary of advisory opinions issued under section 11B(b)(4)
of the Export Administration Act of 1979 (50 U.S.C. App. 2401b(b)(4))
(50 App. U.S.C. 2410b(b)(4)) and under section 73(d) of the Arms Export
Control Act (22 U.S.C. 2797b(d)).
''(8) An explanation of United States policy regarding the transfer
of MTCR equipment or technology to foreign missile programs, including
programs involving launches of space vehicles.
''(d) Exclusions. -- The countries excluded under subsection (a) are
Australia, Belgium, Canada, Denmark, the Federal Republic of Germany,
France, Greece, Iceland, Israel, Italy, Japan, Luxembourg, the
Netherlands, Norway, Portugal, Spain, Turkey, the United Kingdom, and
the United States.
''(e) Classification of Report. -- The President shall make every
effort to submit all of the information required by this section in
unclassified form. Whenever the President submits any such information
in classified form, he shall submit such classified information in an
addendum and shall also submit concurrently a detailed summary, in
unclassified form, of that classified information.
''(f) Definitions. -- For purposes of this section:
''(1) The terms 'missile', 'MTCR', and 'MTCR equipment or technology'
have the meanings given those terms in section 74 of the Arms Export
Control Act (22 U.S.C. 2797c).
''(2) The term 'weaponize' or 'weaponization' means to incorporate
into, or the incorporation into, usable ordnance or other militarily
useful means of delivery.
''(g) Repeal of Superseded Law. -- Section 1704 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1749; 22 U.S.C. 2797 (22 U.S.C. 2797 note)) is repealed.''
Pub. L. 99-83, title I, 129, Aug. 8, 1985, 99 Stat. 206, provided
that:
''(a) Negotiations. -- At the earliest possible date, the President
should, in consultation with United States allies, initiate discussions
with the Soviet Union and France aimed at beginning multilateral
negotiations to limit and control the transfer of conventional arms to
less developed countries.
''(b) Report. -- Within one year after the date of enactment of this
Act (Aug. 8, 1985), the President shall submit to the Speaker of the
House of Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report which specifies steps being taken to
fulfill the requirements of subsection (a) and which examines and
analyzes United States policies concerning the export of conventional
arms, especially sophisticated weapons, and possible approaches to
developing multilateral limitations on conventional arms sales. This
report shall examine and analyze --
''(1) the lessons of earlier efforts to negotiate restraints on the
export of conventional arms;
''(2) the evolution of supplier practices and policies;
''(3) the evolution of recipient country attitudes regarding
conventional arms transfers;
''(4) the effect upon regional stability and security of conventional
arms transfers by the United States and its allies and the Soviet Union
and its allies;
''(5) the relationship between arms imports and the external debt of
recipient countries, the allocation of their internal resources, and
their economic well-being;
''(6) the relationship between arms exports by Western European
countries and the needs of those countries to support their domestic
military procurement programs;
''(7) the prospects for engaging the Soviet Union in serious
discussions concerning arms transfers, both globally and as they relate
to regional security problems;
''(8) possible measures by the United States and Western European
suppliers to control levels of sophisticated weapons sales, both
regionally and globally; and
''(9) the timing and phasing of international conventional arms
control negotiations.''
(Functions of the President under section 129(b) of Pub. L. 99-83,
set out above, delegated to the Secretary of State, see section 1-201(
a)(24) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended,
set out as a note under section 2381 of this title.)
Section 734(c) of Pub. L. 97-113 provided that: ''Except as
otherwise explicitly provided by their terms, amendments to the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Arms Export
Control Act (this chapter) which are applicable only to a single fiscal
or calendar year or which require reports or other actions on a
nonrecurring basis shall be deemed to have expired and shall be removed
from law upon the expiration of the applicable time periods for the
fulfillment of the required actions.''
Section 15(b) of Pub. L. 95-384, which provided that, not later than
Dec. 31, 1979, the President transmit to Congress a detailed report
assessing the results and commenting on the implications of the
multilateral discussion referred to in the paragraph added to this
section by section 15(a) of Pub. L. 95-384, relating to adherence to a
policy of restraint in conventional arms transfer, was repealed by Pub.
L. 97-113, title VII, 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.
Section 25 of Pub. L. 95-384, which provided that the President,
within 120 days after Sept. 26, 1978, report in writing to the Speaker
of the House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate the results of the review conducted
pursuant to Pub. L. 95-92, 27, Aug. 4, 1977, 91 Stat. 626, set out as
a note below, was repealed by Pub. L. 97-113, title VII, 734(a)( 12),
Dec. 29, 1981, 95 Stat. 1560.
Pub. L. 95-92, 23, Aug. 4, 1977, 91 Stat. 624, which set forth
provisions respecting Presidential report on the impact of United States
foreign arms sales and transfers on defense readiness and national
security, was repealed by Pub. L. 95-384, 29(c)(2)(B), Sept. 26, 1978,
92 Stat. 747.
Scope of Study; Utilization of
Executive Departments
and Agencies
Pub. L. 95-92, 24, Aug. 4, 1977, 91 Stat. 624, as amended by Pub.
L. 97-113, title VII, 734(a)(13), Dec. 29, 1981, 95 Stat. 1560,
provided that:
''(a) The President shall conduct a comprehensive study of the
policies and practices of the United States Government with respect to
the national security and military implications of international
transfers of technology in order to determine whether such policies and
practices should be changed. Such study shall examine --
''(1) the nature of technology transfer;
''(2) the effect of technology transfers on United States
technological superiority;
''(3) the rationale for transfers of technology from the United
States to foreign countries;
''(4) the benefits and risks of such transfers;
''(5) trends in technology transfers by the United States and other
countries;
''(6) the need for controls on transfers of technology, including
controls on the use of transferred technology, the effectiveness of
existing end-use controls, and possible unilateral sanctions if end-use
restrictions are violated;
''(7) the effectiveness of existing organizational arrangements in
the Executive branch in regulating technology transfers from the United
States;
''(8) the adequacy of existing legislation and regulations with
respect to transfers of technology from the United States; and
''(9) the possibilities for international agreements with respect to
transfers of technology.
''(b) In conducting the study required by subsection (a), the
President shall utilize the resources and expertise of the Arms Control
and Disarmament Agency, the Department of State, the Department of
Defense, the Department of Commerce, the National Science Foundation,
the Office of Science and Technology Policy, and such other entities
within the Executive branch as he deems necessary.
''(c) (Repealed. Pub. L. 97-113, title VII, 734(a)(13), Dec. 29,
1981, 95 Stat. 1560.)''
Pub. L. 95-92, 26, Aug. 4, 1977, 91 Stat. 625, provided that: ''In
accordance with the historic special relationship between the United
States and Israel and previous agreements and continuing understandings,
the Congress joins with the President in reaffirming that a policy of
restraint in United States arms transfers, including arms sales
ceilings, shall not impair Israel's deterrent strength or undermine the
military balance in the Middle East.''
Pub. L. 95-92, 27, Aug. 4, 1977, 91 Stat. 626, provided that:
''The President shall undertake a review of all regulations relating to
arms control for the purpose of defining and categorizing lethal and
non-lethal products and establishing the appropriate level of control
for each category.''
Section 202(b) of Pub. L. 94-329, which set forth provisions
respecting study and report to Congress of United States arms sales
policies and practices, was repealed by Pub. L. 95-384, 29(c)(1)(A),
Sept. 26, 1978, 92 Stat. 747.
Section 217 of Pub. L. 94-329, which set forth provisions respecting
report by the President of all sales under this chapter of excess
defense articles to foreign governments and international organizations,
was repealed by Pub. L. 95-384, 29(c)(1)(B), Sept. 26, 1978, 92 Stat.
747.
Section 218 of Pub. L. 94-329, which set forth provisions respecting
study by the Secretaries of State and Defense on consequences of
enactment of arms export control provisions by title II of Pub. L.
94-329, was repealed by Pub. L. 95-384, 29(c)(1)(C), Sept. 26, 1978,
92 Stat. 747.
Section 506(b) of Pub. L. 94-329 provided that the total number of
credits extended pursuant to this chapter, between July 1, 1976, and
Sept. 30, 1976, not exceed an amount equal to one-fourth of the total
amount of credits extended and guaranteed for fiscal year 1976.
Pub. L. 94-329, title VI, 605(a), June 30, 1976, 90 Stat. 768,
provided that: ''Nothing in this Act (see Short Title of 1976 Amendment
note set out under section 2151 of the title) is intended to authorize
any additional military or civilian personnel for the Department of
Defense for the purposes of this Act, the Foreign Assistance Act of 1961
(section 2151 et seq. of this title), or the Arms Export Control Act
(this chapter). Personnel levels authorized in statutes authorizing
appropriations for military and civilian personnel of the Department of
Defense shall be controlling over all military and civilian personnel of
the Department of Defense assigned to carry out functions under the Arms
Export Control Act and the Foreign Assistance Act of 1961.''
Appropriations
Section 5 of Pub. L. 91-672 provided that: ''It is the sense of
Congress that (1) the President should continue to press forward
urgently with his efforts to negotiate with the Soviet Union and other
powers a limitation on arms shipments to the Middle East, (2) the
President should be supported in his position that arms will be made
available and credits provided to Israel and other friendly states, to
the extent that the President determines such assistance to be needed in
order to meet threats to the security and independence of such states,
and (3) if the authorization provided in the Foreign Military Sales Act,
as amended (this chapter), should prove to be insufficient to effectuate
this stated policy, the President should promptly submit to the Congress
requests for an appropriate supplementary authorization and
appropriation.''
Section 6 of Pub. L. 91-672 provided that: ''It is the sense of the
Congress that --
''(1) the President should immediately institute a thorough and
comprehensive review of the military aid programs of the United States,
particularly with respect to the military assistance and sales
operations of the Department of Defense, and
''(2) the President should take such actions as may be appropriate --
''(A) to initiate multilateral discussions among the United States,
the Union of Soviet Socialist Republics, Great Britain, France, West
Germany, Italy and other countries on the control of the worldwide trade
in armaments,
''(B) to commence a general debate in the United Nations with respect
to the control of the conventional arms trade, and
''(C) to use the power and prestige of his office to signify the
intention of the United States to work actively with all nations to
check and control the international sales and distribution of
conventional weapons of death and destruction.''
Ex. Ord. No. 11501, Dec. 22, 1969, 34 F.R. 20169, as amended by Ex.
Ord. No. 11685, Sept. 25, 1972, 37 F.R. 20155, which related to the
administration of this chapter, was revoked by Ex. Ord. No. 11958, Jan.
18, 1977, 42 F.R. 4311, set out as a note below.
Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as amended by Ex.
Ord. No. 12118, Feb. 6, 1979, 44 F.R. 7939; Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673; Ex. Ord. No. 12210, Apr. 16, 1980, 45 F.R.
26313; Ex. Ord. No. 12321, Sept. 14, 1981, 46 F.R. 46109; Ex. Ord.
No. 12365, May 24, 1982, 47 F.R. 22933; Ex. Ord. No. 12423, May 26,
1983, 48 F.R. 24025; Ex. Ord. No. 12560, May 24, 1986, 51 F.R. 19159;
Ex. Ord. No. 12680, July 5, 1989, 54 F.R. 28995; Ex. Ord. No. 12738, 7,
Dec. 14, 1990, 55 F.R. 52035, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, including the Arms Export
Control Act, as amended (22 U.S.C. 2751 et seq.), and Section 301 of
Title 3 of the United States Code, and as President of the United States
of America, it is hereby ordered as follows:
Section 1. Delegation of Functions. The following functions
conferred upon the President by the Arms Export Control Act (22 U.S.C.
2751 et seq.), hereinafter referred to as the Act, and related
legislation, are delegated as follows:
(a) Those under Section 3 of the Act (22 U.S.C. 2753), with the
exception of subsections (a)(1), (b), (c)(3), (c)(4), and (f) to the
Secretary of State: Provided, That the Secretary of State, in the
implementation of the functions delegated to him under Sections 3(a) and
(d) of the Act, is authorized to find, in the case of a proposed
transfer of a defense article or related training or other defense
service by a foreign country or international organization not otherwise
eligible under Section 3(a)(1) of the Act, whether the proposed transfer
will strengthen the security of the United States and promote world
peace.
(b) Those under Section 5 (22 U.S.C. 2755) to the Secretary of State.
(c) Those under Section 21 of the Act (22 U.S.C. 2761), with the
exception of the last sentence of subsection (d) and all of subsection
(i) (22 U.S.C. 2761(d), (i)), to the Secretary of Defense.
(d) Those under Sections 22(a), 29, 30 and 30A of the Act (22 U.S.C.
2762(a), 2769, 2770, 2770a) to the Secretary of Defense.
(e) Those under Section 23 of the Act (22 U.S.C. 2763) and section
571 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) (22 U.S.C. 2763 note), to
the Secretary of Defense, to be exercised in consultation with the
Secretary of State and the Secretary of the Treasury, except that the
President shall determine any rate of interest to be charged which is
less than the market rate of interest.
(f) Those under Sections 24, 27, and 28 of the Act (22 U.S.C. 2764,
2767, 2768) to the Secretary of Defense. The Secretary of Defense, in
implementing the functions delegated to him under Sections 24 and 27 (22
U.S.C. 2764, 2767), shall consult with the Secretary of State and the
Secretary of the Treasury.
(g) Those under Section 25 of the Act (22 U.S.C. 2765) to the
Secretary of State. The Secretary of Defense and the Director of the
Arms Control and Disarmament Agency, within their respective areas of
responsibility, shall assist the Secretary of State in the preparation
of materials for presentation to the Congress under that Section.
(h) Those under Section 34 of the Act (22 U.S.C. 2774) to the
Secretary of State. To the extent the standards and criteria for credit
and guaranty transactions are based upon national security and financial
policies, the Secretary of State shall obtain the prior concurrence of
the Secretary of Defense and the Secretary of the Treasury,
respectively.
(i) Those under Section 35(a) of the Act (22 U.S.C. 2775(a)) to the
Secretary of State.
(j) Those under Sections 36(a) and 36(b)(1) of the Act (22 U.S.C.
2776(a), (b)(1)), except with respect to the certification of an
emergency as provided by subsection (b)(1), to the Secretary of Defense.
The Secretary of Defense, in the implementation of the functions
delegated to him under Sections 36(a) and (b)(1) shall consult with the
Secretary of State, who shall, with respect to matters related to
subparagraphs (D) and (I) of Section 36(b)(1), consult with the Director
of the Arms Control and Disarmament Agency. With respect to those
functions under Sections 36(a)(5) and (6), the Secretary of Defense
shall consult with the Director of the Office of Management and Budget.
(k) Those under Sections 36(c) and (d) of the Act (22 U.S.C. 2776(
c), (d)) to the Secretary of State.
(l) Those under Section 38 of the Act (22 U.S.C. 2778):
(1) to the Secretary of State, except as otherwise provided in this
subsection. Designations, including changes in designations, by the
Secretary of State of items or categories of items which shall be
considered as defense articles and defense services subject to export
control under Section 38 shall have the concurrence of the Secretary of
Defense. The authority to undertake activities to ensure compliance
with established export conditions may be redelegated to the Secretary
of Defense, or to the head of another department or agency as
appropriate, which shall exercise such functions in consultation with
the Secretary of State;
(2) to the Secretary of the Treasury, to the extent they relate to
the control of the import of defense articles and defense services. In
carrying out such functions, the Secretary of the Treasury shall be
guided by the views of the Secretary of State on matters affecting world
peace, and the external security and foreign policy of the United
States. Designations including changes in designations, by the
Secretary of the Treasury of items or categories of items which shall be
considered as defense articles and defense services subject to import
control under Section 38 of the Act (22 U.S.C. 2778) shall have the
concurrence of the Secretary of State and the Secretary of Defense;
(3) to the Secretary of Commerce, to carry out on behalf of the
Secretary of State, to the extent such functions involve Section 38(e)
of the Act (22 U.S.C. 2778(e)) and are agreed to by the Secretary of
State and the Secretary of Commerce.
(m) Those under Section 39(b) of the Act (22 U.S.C. 2779(b)) to the
Secretary of State. In carrying out such functions, the Secretary of
State shall consult with the Secretary of Defense as may be necessary to
avoid interference in the application of Department of Defense
regulations to sales made under Section 22 of the Act (22 U.S.C. 2762).
(n) Those under Sections 42(c) and (f) of the Act (22 U.S.C. 2791(
c), (f)) to the Secretary of Defense. The Secretary of Defense shall
obtain the concurrence of the Secretary of State and the Secretary of
the Treasury on any determination proposed under the authority of
Section 42(c) of the Act (22 U.S.C. 2791(c)).
(o) Those under Sections 52(b) and 53 of the Act (22 U.S.C. 2795a(
b), 2795b) to the Secretary of Defense.
(p) Those under Sections 61 and 62(a) of the Act (22 U.S.C. 2796,
2796a(a)) to the Secretary of Defense.
(q) Those under Section 2(b)(6) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)(6)) to the Secretary of State.
(r) Those under Section 588(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (Public Law
100-461) (Oct. 1, 1988, 102 Stat. 2268-51), to the Secretary of Defense,
except with respect to the determination of an emergency as provided by
subsection (b)(3). The Secretary of Defense in implementation of the
functions delegated to him under section 588(b) shall consult with the
Secretary of State.
Sec. 2. Coordination. (a) In addition to the specific provisions of
Section 1 of this Order, the Secretary of State and the Secretary of
Defense, in carrying out the functions delegated to them under this
Order, shall consult with each other and with the heads of other
departments and agencies, including the Secretary of the Treasury, the
Director of the United States International Development Cooperation
Agency, the Director of the Arms Control and Disarmament Agency, and the
Chairman of the Export-Import Bank, on matters pertaining to their
responsibilities.
(b) In accordance with Section 2(b) of the Act (22 U.S.C. 2752(b))
and under the directions of the President, the Secretary of State,
taking into account other United States activities abroad, shall be
responsible for the continuous supervision and general direction of
sales and exports under the Act, including but not limited to, the
negotiation, conclusion, and termination of international agreements,
and determining whether there shall be a sale to a country and the
amount thereof, and whether there shall be delivery or other performance
under such sale or export, to the end that sales and exports are
integrated with other United States activities and the foreign policy of
the United States is best served thereby.
Sec. 3. Allocation of Funds. Funds appropriated to the President for
carrying out the Act shall be deemed to be allocated to the Secretary of
Defense without any further action of the President.
Sec. 4. Revocation. Executive Order No. 11501, as amended, is
revoked; except that, to the extent consistent with this Order, all
determinations, authorizations, regulations, rulings, certificates,
orders, directives, contracts, agreements, and other actions made,
issued, taken or entered into under the provisions of Executive Order
No. 11501, as amended, and not revoked, superseded or otherwise made
inapplicable, shall continue in full force and effect until amended,
modified or terminated by appropriate authority.
22 USC 2752. Coordination with foreign policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Noninfringement of powers or functions of Secretary of State
Nothing contained in this chapter shall be construed to infringe upon
the powers or functions of the Secretary of State.
(b) Responsibility for supervision and direction of sales, leases,
financing, cooperative projects, and exports
Under the direction of the President, the Secretary of State (taking
into account other United States activities abroad, such as military
assistance, economic assistance, and the food for peace program) shall
be responsible for the continuous supervision and general direction of
sales, leases, financing, cooperative projects, and exports under this
chapter, including, but not limited to, determining --
(1) whether there will be a sale to or financing for a country and
the amount thereof;
(2) whether there will be a lease to a country;
(3) whether there will be a cooperative project and the scope
thereof; and
(4) whether there will be delivery or other performance under such
sale, lease, cooperative project, or export,
to the end that sales, financing, leases, cooperative projects, and
exports will be integrated with other United States activities and to
the end that the foreign policy of the United States would be best
served thereby.
(c) Coordination among representatives of United States
The President shall prescribe appropriate procedures to assure
coordination among representatives of the United States Government in
each country, under the leadership of the Chief of the United States
Diplomatic Mission. The Chief of the diplomatic mission shall make sure
that recommendations of such representatives pertaining to sales are
coordinated with political and economic considerations, and his comments
shall accompany such recommendations if he so desires.
(Pub. L. 90-629, ch. 1, 2, Oct. 22, 1968, 82 Stat. 1322; Pub. L.
94-329, title II, 212(a)(2), June 30, 1976, 90 Stat. 745; Pub. L.
97-113, title I, 109(b)(1), Dec. 29, 1981, 95 Stat. 1526; Pub. L.
99-83, title I, 115(b)(1), Aug. 8, 1985, 99 Stat. 201; Pub. L. 99-145,
title XI, 1102(a)(2), (5), Nov. 8, 1985, 99 Stat. 710; Pub. L. 99-661,
div. A, title XIII, 1342(e), Nov. 14, 1986, 100 Stat. 3991.)
1986 -- Subsec. (b). Pub. L. 99-661 repealed section 1102(a)(2) of
Pub. L. 99-145 and the amendments made by that section, and provided
that this section shall apply as if that section had never been enacted.
See 1985 Amendments note below.
1985 -- Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally,
substituting reference to the food for peace program for reference to
food for freedom and adding financing and cooperative projects under
this chapter to the list of responsibilities of the Secretary of State.
Pub. L. 99-145, 1102(a)(2), which enacted amendments similar to those
provided in Pub. L. 99-83, was repealed. See 1986 Amendments note
above and Repeals; Effective Date note below.
1981 -- Subsec. (b). Pub. L. 97-113 substituted ''sales, leases,''
for ''sales'' in two places and ''such sale, lease,'' for ''such sale''
and inserted ''whether there shall be a lease to a country,'' after
''whether there shall be a sale to a country and the amount thereof,''.
1976 -- Subsec. (b). Pub. L. 94-329 inserted ''and exports'' after
''sales'' wherever appearing and ''and whether there shall be delivery
or other performance under such sale or export,'' after ''thereof,''.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Pub. L. 99-145, title XI, 1102(a)(5), Nov. 8, 1985, 99 Stat. 710,
which provided for the repeal of the amendments made by 1102(a) of Pub.
L. 99-145, effective as of the effective date of similar amendments by
Pub. L. 99-83, was repealed by Pub. L. 99-661, div. A, title XIII,
1342(e), Nov. 14, 1986, 100 Stat. 3991.
22 USC 2753. Eligibility for defense services or defense articles
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Prerequisites for consent by President; report to Congress
No defense article or defense service shall be sold or leased by the
United States Government under this chapter to any country or
international organization, and no agreement shall be entered into for a
cooperative project (as defined in section 2767 of this title), unless
--
(1) the President finds that the furnishing of defense articles and
defense services to such country or international organization will
strengthen the security of the United States and promote world peace;
(2) the country or international organization shall have agreed not
to transfer title to, or possession of, any defense article or related
training or other defense service so furnished to it, or produced in a
cooperative project (as defined in section 2767 of this title), to
anyone not an officer, employee, or agent of that country or
international organization (or the North Atlantic Treaty Organization or
the specified member countries (other than the United States) in the
case of a cooperative project) and not to use or permit the use of such
article or related training or other defense service for purposes other
than those for which furnished unless the consent of the President has
first been obtained:
(3) the country or international organization shall have agreed that
it will maintain the security of such article or service and will
provide substantially the same degree of security protection afforded to
such article or service by the United States Government; and
(4) the country or international organization is otherwise eligible
to purchase or lease defense articles or defense services.
In considering a request for approval of any transfer of any weapon,
weapons system, munitions, aircraft, military boat, military vessel, or
other implement of war to another country, the President shall not give
his consent under paragraph (2) to the transfer unless the United States
itself would transfer the defense article under consideration to that
country. In addition, the President shall not give his consent under
paragraph (2) to the transfer of any significant defense articles on the
United States Munitions List unless the foreign country requesting
consent to transfer agrees to demilitarize such defense articles prior
to transfer, or the proposed recipient foreign country provides a
commitment in writing to the United States Government that it will not
transfer such defense articles, if not demilitarized, to any other
foreign country or person without first obtaining the consent of the
President. The President shall promptly submit a report to the Speaker
of the House of Representatives and to the Committee on Foreign
Relations of the Senate on the implementation of each agreement entered
into pursuant to clause (2) of this subsection.
(b) Repealed. Pub. L. 95-92, 15, Aug. 4, 1977, 91 Stat. 622
(c) Termination of credits, guaranties or sales; report of violation
by President; national security exception; conditions for
reinstatement
(1)(A) No credits (including participations in credits) may be issued
and no guaranties may be extended for any foreign country under this
chapter as hereinafter provided, if such country uses defense articles
or defense services furnished under this chapter, or any predecessor
Act, in substantial violation (either in terms of quantities or in terms
of the gravity of the consequences regardless of the quantities
involved) of any agreement entered into pursuant to any such Act (i) by
using such articles or services for a purpose not authorized under
section 2754 of this title or, if such agreement provides that such
articles or services may only be used for purposes more limited than
those authorized under section 2754 of this title for a purpose not
authorized under such agreement; (ii) by transferring such articles or
services to, or permitting any use of such articles or services by,
anyone not an officer, employee, or agent of the recipient country
without the consent of the President; or (iii) by failing to maintain
the security of such articles or services.
(B) No cash sales or deliveries pursuant to previous sales may be
made with respect to any foreign country under this chapter as
hereinafter provided, if such country uses defense articles or defense
services furnished under this chapter, or any predecessor Act, in
substantial violation (either in terms of quantity or in terms of the
gravity of the consequences regardless of the quantities involved) of
any agreement entered into pursuant to any such Act by using such
articles or services for a purpose not authorized under section 2754 of
this title or, if such agreement provides that such articles or services
may only be used for purposes more limited than those authorized under
section 2754 of this title, for a purpose not authorized under such
agreement.
(2) The President shall report to the Congress promptly upon the
receipt of information that a violation described in paragraph (1) of
this subsection may have occurred.
(3)(A) A country shall be deemed to be ineligible under subparagraph
(A) of paragraph (1) of this subsection, or both subparagraphs (A) and
(B) of such paragraph in the case of a violation described in both such
paragraphs, if the President so determines and so reports in writing to
the Congress, or if the Congress so determines by joint resolution.
(B) Notwithstanding a determination by the President of ineligibility
under subparagraph (B) of paragraph (1) of this subsection, cash sales
and deliveries pursuant to previous sales may be made if the President
certifies in writing to the Congress that a termination thereof would
have significant adverse impact on United States security, unless the
Congress adopts or has adopted a joint resolution pursuant to
subparagraph (A) of this paragraph with respect to such ineligibility.
(4) A country shall remain ineligible in accordance with paragraph
(1) of this subsection until such time as --
(A) the President determines that the violation has ceased; and
(B) the country concerned has given assurances satisfactory to the
President that such violation will not recur.
(d) Submission of written certification to Congress; contents;
classified material; effective date of consent; report to Congress;
transfers not subject to procedures
(1) The President may not give his consent under paragraph (2) of
subsection (a) of this section or under the third sentence of such
subsection, or under section 2314(a)(1) or 2314(a)(4) of this title, to
a transfer of any major defense equipment valued (in terms of its
original acquisition cost) at $14,000,000 or more, or any defense
article or related training or other defense service valued (in terms of
its original acquisition cost) at $50,000,000 or more, unless the
President submits to the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate a written certification
with respect to such proposed transfer containing --
(A) the name of the country or international organization proposing
to make such transfer,
(B) a description of the article or service proposed to be
transferred, including its acquisition cost,
(C) the name of the proposed recipient of such article or service,
(D) the reasons for such proposed transfer, and
(E) the date on which such transfer is proposed to be made.
Any certification submitted to Congress pursuant to this paragraph
shall be unclassified, except that information regarding the dollar
value and number of articles or services proposed to be transferred may
be classified if public disclosure thereof would be clearly detrimental
to the security of the United States.
(2)(A) Except as provided in subparagraph (B), unless the President
states in the certification submitted pursuant to paragraph (1) of this
subsection that an emergency exists which requires that consent to the
proposed transfer become effective immediately in the national security
interests of the United States, such consent shall not become effective
until 30 calendar days after the date of such submission and such
consent shall become effective then only if the Congress does not enact,
within such 30-day period, a joint resolution, as provided for in
sections 2776(b)(2) and 2776(b)(3) of this title prohibiting the
proposed transfer.
(B) In the case of a proposed transfer to the North Atlantic Treaty
Organization, or any member country of such Organization, Japan,
Australia, or New Zealand, unless the President states in the
certification submitted pursuant to paragraph (1) of this subsection
that an emergency exists which requires that consent to the proposed
transfer become effective immediately in the national security interests
of the United States, such consent shall not become effective until
fifteen calendar days after the date of such submission and such consent
shall become effective then only if the Congress does not enact, within
such fifteen-day period, a law prohibiting the proposed transfer.
(3) The President may not give his consent to the transfer of any
major defense equipment valued (in terms of its original acquisition
cost) at $14,000,000 or more, or of any defense article or defense
service valued (in terms of its original acquisition cost) at
$50,000,000 or more, the export of which has been licensed or approved
under section 2778 of this title, unless at least 30 calendar days
before giving such consent the President submits to the Speaker of the
House of Representatives and the Chairman of the Committee on Foreign
Relations of the Senate a report containing the information specified in
subparagraphs (A) through (E) of paragraph (1). Such consent shall
become effective then only if the Congress does not enact, within a
30-day period, a joint resolution, as provided for in sections 2776(c)(
2) and 2776(c)(3) of this title prohibiting the proposed transfer.
(4) This subsection shall not apply --
(A) to transfers of maintenance, repair, or overhaul defense
services, or of the repair parts or other defense articles used in
furnishing such services, if the transfer will not result in any
increase, relative to the original specifications, in the military
capability of the defense articles and services to be maintained,
repaired, or overhauled;
(B) to temporary transfers of defense articles for the sole purpose
of receiving maintenance, repair, or overhaul; or
(C) to arrangements among members of the North Atlantic Treaty
Organization or between the North Atlantic Treaty Organization and any
of its member countries --
(i) for cooperative cross servicing, or
(ii) for lead-nation procurement if the certification transmitted to
the Congress pursuant to section 2776(b) of this title with regard to
such lead-nation procurement identified the transferees on whose behalf
the lead-nation procurement was proposed.
(e) Transfers without consent of President; report to Congress
If the President receives any information that a transfer of any
defense article, or related training or other defense service, has been
made without his consent as required under this section or under section
2314 of this title, he shall report such information immediately to the
Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate.
(Pub. L. 90-629, ch. 1, 3, Oct. 22, 1968, 82 Stat. 1322; Pub. L.
91-672, 1, Jan. 12, 1971, 84 Stat. 2053; Pub. L. 93-189, 25(2), Dec.
17, 1973, 87 Stat. 729; Pub. L. 93-559, 45(a)(1), Dec. 30, 1974, 88
Stat. 1813; Pub. L. 94-329, title II, 203(a), 204(a), (b)(1), title
III, 304(b), June 30, 1976, 90 Stat. 735, 736, 754, 755; Pub. L.
95-92, 15-18, Aug. 4, 1977, 91 Stat. 622; Pub. L. 96-92, 11, Oct. 29,
1979, 93 Stat. 705; Pub. L. 96-533, title I, 101, Dec. 16, 1980, 94
Stat. 3131; Pub. L. 97-113, title I, 101(a), 102(a), 109(b)(2), Dec.
29, 1981, 95 Stat. 1519, 1520, 1526; Pub. L. 99-83, title I, 115( b)(
2), title V, 503(b), Aug. 8, 1985, 99 Stat. 201, 221; Pub. L. 99-145,
title XI, 1102(a)(3), (5), Nov. 8, 1985, 99 Stat. 710; Pub. L. 99-247,
1(a), Feb. 12, 1986, 100 Stat. 9; Pub. L. 99-661, div. A, title XIII,
1342(e), Nov. 14, 1986, 100 Stat. 3991; Pub. L. 100-461, title V, 577,
Oct. 1, 1988, 102 Stat. 2268-45; Pub. L. 101-222, 2( b), Dec. 12, 1989,
103 Stat. 1896.)
1989 -- Subsec. (f). Pub. L. 101-222 struck out subsec. (f) which
directed termination of sales under this chapter to countries granting
sanctuary to international terrorists. See section 2780 of this title.
1988 -- Subsec. (d)(2)(A). Pub. L. 100-461, 577(1), substituted
''joint resolution, as provided for in sections 2776(b)(2) and 2776(b)(
3) of this title'' for ''law''.
Subsec. (d)(3). Pub. L. 100-461, 577(2), inserted at end ''Such
consent shall become effective then only if the Congress does not enact,
within a 30-day period, a joint resolution, as provided for in sections
2776(c)(2) and 2776(c)(3) of this title prohibiting the proposed
transfer.''
1986 -- Subsec. (a). Pub. L. 99-661 repealed section 1102(a)(3) of
Pub. L. 99-145 and the amendments made by that section, and provided
that this section shall apply as if that section had never been enacted.
See 1985 Amendments note below.
Subsec. (d)(2)(A). Pub. L. 99-247, 1(a)(1), substituted ''enact,
within such 30-day period, a law prohibiting'' for ''adopt, within such
30-day period, a concurrent resolution disapproving''.
Subsec. (d)(2)(B). Pub. L. 99-247, 1(a)(2), substituted ''enact,
within such fifteen-day period, a law prohibiting'' for ''adopt, within
such fifteen-day period, a concurrent resolution disapproving''.
1985 -- Subsec. (a). Pub. L. 99-83, 115(b)(2), in introductory text
and in par. (2) inserted provisions relating to cooperative projects,
and in par. (3) inserted ''or service'' after ''such article'' in two
places.
Pub. L. 99-145, 1102(a)(3), which enacted amendments similar to those
provided in Pub. L. 99-83, 115(b)(2), was repealed. See 1986
Amendments note above and former section 1105(a)(5) of Pub. L. 99-145
set out as a Repeals; Effective Date note under section 2752 of this
title.
Subsec. (f). Pub. L. 99-83, 503(b), struck out '', credits, and
guaranties'' and '', credits, or guaranties'' wherever appearing in
pars. (1) and (2).
1981 -- Subsec. (a). Pub. L. 97-113, 109(b)(2), substituted in
introductory text ''sold or leased'' for ''sold'', and in par. (4)
''purchase or lease'' for ''purchase''.
Subsec. (d)(1). Pub. L. 97-113, 101(a)(1), substituted in
introductory text '', or under section 2314(a)(1) or 2314(a)(4) of this
title, to a transfer of any major defense equipment valued (in terms of
its original acquisition cost) at $14,000,000 or more, or any defense
article or related training or other defense service valued (in terms of
its original acquisition cost) at $50,000,000 or more,'' for ''to a
transfer of a defense article, or related training or other defense
service, sold under this chapter and may not give his consent to such a
transfer under section 2314(a)(1) or (a)(4) of this title'', in subpar.
(B) ''a description of the article or service proposed to be
transferred, including its acquisition cost'' for ''a description of the
defense article or related training or other defense service proposed to
be transferred, including the original acquisition cost of such defense
article or related training or other defense service'', in subpar. (C)
''article or service'' for ''defense article or related training or
other defense service'', and in provision following subpar. (E)
''articles or services'' for ''defense articles, or related training or
other defense services,''.
Subsec. (d)(2). Pub. L. 97-113, 102(a), designated existing
provisions as subpar. (A), substituted ''Except as provided in
subparagraph (B), unless'' for ''Unless'', and added subpar. (B).
Subsec. (d)(3). Pub. L. 97-113, 101(a)(2), substituted ''transfer of
any major defense equipment valued (in terms of its original acquisition
cost) at $14,000,000 or more, or of any defense article or defense
service valued (in terms of its original acquisition cost) at
$50,000,000 or more'' for ''transfer to a third country of a defense
article or a defense service valued (in terms of its original
acquisition costs) at $25,000,000 or more, or of major defense equipment
valued (in terms of its original acquisition costs) at $7,000,000 or
more''.
Subsec. (d)(4). Pub. L. 97-113, 101(a)(3), struck out subpar. (D),
which provided that subsec. (d) of this section not apply to transfers
to the North Atlantic Treaty Organization, any member country of such
organization, Japan, Australia, or New Zealand, of any major defense
equipment valued (in terms of its original acquisition cost) at less
than $7,000,000 or of any defense article or related training or other
defense service valued (in terms of its original acquisition cost) at
less than $25,000,000.
1980 -- Subsec. (d)(1). Pub. L. 96-533, 101(a)(2)(A), substituted
''pursuant to this paragraph'' for ''pursuant to this subsection''.
Subsec. (d)(2). Pub. L. 96-533, 101(a)(2)(B), substituted ''paragraph
(1) of this subsection'' for ''this subsection''.
Subsec. (d)(3). Pub. L. 96-533, 101(a)(1)(B), added par. (3).
Former par. (3) redesignated (4).
Subsec. (d)(4). Pub. L. 96-533, 101(a)(1)(A), (b), redesignated
former par. (3) as (4) and, in par (4) as so redesignated, added
subpar. (D).
1979 -- Subsec. (d)(3)(C). Pub. L. 96-92 made subsec. (d) of this
section inapplicable to arrangements between the North Atlantic Treaty
Organization and any of its member countries, incorporated existing text
in provisions designated cl. (i) and added cl. (ii).
1977 -- Subsec. (b). Pub. L. 95-92, 15, struck out subsec. (b)
which related to prohibitions on sales, etc., to countries seizing or
fining American fishing vessels for fishing in waters more than twelve
miles from their coastlines.
Subsec. (d). Pub. L. 95-92, 16, 17, redesignated existing provisions
as par. (1), struck out '', 30 days prior to giving such consent,''
before ''the President submits'', redesignated pars. (1) to (5) as
subpars. (A) to (E), respectively, and added pars. (2) and (3).
Subsec. (f). Pub. L. 95-92, 18, added subsec. (f).
1976 -- Subsec. (a). Pub. L. 94-329, 203(a), 204(b)(1), inserted in
par. (2) ''or related training or other defense service'' after
''article'' wherever appearing and struck out provisions following par.
(4) relating to the President's notification of his consent to transfer
war implements to another country, in writing, to the Speaker of the
House of Representatives and the Committee on Foreign Relations of the
Senate indicating his justification for the transfer and the particular
war implement transferred.
Subsec. (c). Pub. L. 94-329, 304(b)(1), provided that the President,
by so stating in writing to Congress, or Congress, by joint resolution,
terminate credits, guaranties or sales upon determining a violation,
permitted cash sales and deliveries pursuant to previous sales to be
made if the President certifies in writing to Congress that termination
thereof would be adverse to national security unless Congress adopts or
has adopted a joint resolution determining such eligibility, and
specified conditions for reinstatement of eligibility.
Subsec. (d). Pub. L. 94-329, 204(a), 304(b)(2), added subsec. (d).
Former subsec. (d), which related to conditions for reinstatement after
a determination of ineligibility, was repealed and is now covered by
subsec. (c).
Subsec. (e). Pub. L. 94-329, 204(a), 304(b)(2), added subsec. (e).
1974 -- Subsec. (d). Pub. L. 93-559 struck out first sentence
provision respecting furnishing of sophisticated weapons to countries in
violation of agreements pursuant to subsec. (a)(2) of this section,
section 2314(a) of this title, or other similar provisions and
substituted ''in accordance with subsection (c) of this section'' for
''in accordance with this subsection''.
1973 -- Subsec. (a). Pub. L. 93-189, 25(2)(A)-(C), in par. (2)
inserted requirement not to use or permit the use of such articles for
purposes other than those for which furnished, redesignated former par.
(3) as (4), added a new par. (3), and following par. (4), as so
redesignated, inserted provisions relating to Presidential consideration
of requests prior to consent under par. (2).
Subsecs. (c), (d). Pub. L. 93-189, 25(2)(D), added subsecs. (c) and
(d).
1971 -- Subsec. (b). Pub. L. 91-672 extended the retaliatory
measures against countries seizing, taking custody or fining American
vessels for fishing outside of twelve miles of their coast, to sales,
credits, guaranties, and laid down a period of one year as the extent of
such prohibition, and added assurances of future restraint received from
such countries as an additional ground for waiver, and provided
exception that the prohibition will not apply in cases governed by
international agreements to which the United States is a party.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Section 203(a) of Pub. L. 94-329 provided that the amendment made by
that section is effective July 1, 1976.
Functions of President under this section, except subsecs. (a)(1),
(b), (c)(3), (4), and (f), delegated to Secretary of State, with
Secretary authorized to make certain findings under subsec. (a)(1) in
implementing functions delegated under subsecs. (a) and (d), by section
1(a) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as amended,
set out as a note under section 2751 of this title.
22 USC 2754. Purposes for which military sales or leases by the United
States are authorized; report to Congress
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Defense articles and defense services shall be sold or leased by the
United States Government under this chapter to friendly countries solely
for internal security, for legitimate self-defense, to permit the
recipient country to participate in regional or collective arrangements
or measures consistent with the Charter of the United Nations, or
otherwise to permit the recipient country to participate in collective
measures requested by the United Nations for the purpose of maintaining
or restoring international peace and security, or for the purpose of
enabling foreign military forces in less developed friendly countries to
construct public works and to engage in other activities helpful to the
economic and social development of such friendly countries. It is the
sense of the Congress that such foreign military forces should not be
maintained or established solely for civic action activities and that
such civic action activities not significantly detract from the
capability of the military forces to perform their military missions and
be coordinated with and form part of the total economic and social
development effort: Provided, That none of the funds contained in this
authorization shall be used to guarantee, or extend credit, or
participate in an extension of credit in connection with any sale of
sophisticated weapons systems, such as missile systems and jet aircraft
for military purposes, to any underdeveloped country other than Greece,
Turkey, Iran, Israel, the Republic of China, the Philippines and Korea
unless the President determines that such financing is important to the
national security of the United States and reports within thirty days
each such determination to the Congress.
(Pub. L. 90-629, ch. 1, 4, Oct. 22, 1968, 82 Stat. 1322; Pub. L.
97-113, title I, 109(b)(3), Dec. 29, 1981, 95 Stat. 1526.)
1981 -- Pub. L. 97-113 substituted ''sold or leased'' for ''sold''
in first sentence.
22 USC 2755. Discrimination prohibited if based on race, religion,
national origin, or sex
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Congressional declaration of policy
It is the policy of the United States that no sales should be made,
and no credits (including participations in credits) or guaranties
extended to or for any foreign country, the laws, regulations, official
policies, or governmental practices of which prevent any United States
person (as defined in section 7701(a)(30) of title 26) from
participating in the furnishing of defense articles or defense services
under this chapter on the basis of race, religion, national origin, or
sex.
(b) Employment of personnel; required contractual provision
(1) No agency performing functions under this chapter shall, in
employing or assigning personnel to participate in the performance of
any such function, whether in the United States or abroad, take into
account the exclusionary policies or practices of any foreign government
where such policies or practices are based upon race, religion, national
origin, or sex.
(2) Each contract entered into by any such agency for the performance
of any function under this chapter shall contain a provision to the
effect that no person, partnership, corporation, or other entity
performing functions pursuant to such contract, shall, in employing or
assigning personnel to participate in the performance of any such
function, whether in the United States or abroad, take into account the
exclusionary policies or practices of any foreign government where such
policies or practices are based upon race, religion, national origin, or
sex.
(c) Report by President; contents
The President shall promptly transmit reports to the Speaker of the
House of Representatives and the chairman of the Committee on Foreign
Relations of the Senate concerning any instance in which any United
States person (as defined in section 7701(a)(30) of title 26) is
prevented by a foreign government on the basis of race, religion,
national origin, or sex, from participating in the performance of any
sale or licensed transaction under this chapter. Such reports shall
include (1) a description of the facts and circumstances of any such
discrimination, (2) the response thereto on the part of the United
States or any agency or employee thereof, and (3) the result of such
response, if any.
(d) Congressional request for information from President;
information required; 60 day period; failure to supply information;
termination or restriction of sale
(1) Upon the request of the Committee on Foreign Relations of the
Senate or the Committee on Foreign Affairs of the House of
Representatives, the President shall, within 60 days after receipt of
such request, transmit to both such committees a statement, prepared
with the assistance of the Assistant Secretary of State for Human Rights
and Humanitarian Affairs, with respect to the country designated in such
request, setting forth --
(A) all the available information about the exclusionary policies or
practices of the government of such country when such policies or
practices are based upon race, religion, national origin or sex and
prevent any such person from participating in the performance of any
sale or licensed transaction under this chapter;
(B) the response of the United States thereto and the results of such
response;
(C) whether, in the opinion of the President, notwithstanding any
such policies or practices --
(i) extraordinary circumstances exist which necessitate a
continuation of such sale or licensed transaction, and, if so, a
description of such circumstances and the extent to which such sale or
licensed transaction should be continued (subject to such conditions as
Congress may impose under this section), and
(ii) on all the facts it is in the national interest of the United
States to continue such sale or licensed transaction; and
(D) such other information as such committee may request.
(2) In the event a statement with respect to a sale or licensed
transaction is requested pursuant to paragraph (1) of this subsection
but is not transmitted in accordance therewith within 60 days after
receipt of such request, such sale or licensed transaction shall be
suspended unless and until such statement is transmitted.
(3)(A) In the event a statement with respect to a sale or licensed
transaction is transmitted under paragraph (1) of this subsection, the
Congress may at any time thereafter adopt a joint resolution terminating
or restricting such sale or licensed transaction.
(B) Any such resolution shall be considered in the Senate in
accordance with the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976.
(C) The term ''certification'', as used in section 601 of such Act,
means, for the purposes of this paragraph, a statement transmitted under
paragraph (1) of this subsection.
(Pub. L. 90-629, ch. 1, 5, as added Pub. L. 94-329, title III, 302(
b), June 30, 1976, 90 Stat. 752, and amended Pub. L. 95-105, title I,
109(a)(5), Aug. 17, 1977, 91 Stat. 846; H. Res. 89, Feb. 5, 1979; Pub.
L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
Section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976, referred to in subsec. (d)(3)(B), (C), is
section 601(b) of Pub. L. 94-329, June 30, 1976, 90 Stat. 729, which
made provision for expedited procedures in the Senate, and was not
classified to the Code.
1986 -- Subsecs. (a), (c). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which for
purposes of codification was translated as ''title 26'' thus requiring
no change in text.
1977 -- Subsec. (d)(1). Pub. L. 95-105 substituted ''Assistant
Secretary of State'' for ''Coordinator'' in provisions preceding subpar.
(A).
Committee on International Relations of House of Representatives
changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House
Resolution 89, 96th Congress.
Functions of President under this section delegated to Secretary of
State by section 1(b) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R.
4311, as amended, set out as a note under section 2751 of this title.
22 USC 2756. Foreign intimidation and harassment of individuals in
United States
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
No letters of offer may be issued, no credits or guarantees may be
extended, and no export licenses may be issued under this chapter with
respect to any country determined by the President to be engaged in a
consistent pattern of acts of intimidation or harassment directed
against individuals in the United States. The President shall report
any such determination promptly to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate.
(Pub. L. 90-629, ch. 1, 6, as added Pub. L. 97-113, title I, 115,
Dec. 29, 1981, 95 Stat. 1528.)
22 USC SUBCHAPTER II -- FOREIGN MILITARY SALES AUTHORIZATIONS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2761. Sales from stocks
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Eligible countries or international organizations; basis of
payment; valuation of certain defense articles
(1) The President may sell defense articles and defense services from
the stocks of the Department of Defense to any eligible country or
international organization if such country or international organization
agrees to pay in United States dollars --
(A) in the case of a defense article not intended to be replaced at
the time such agreement is entered into, not less than the actual value
thereof;
(B) in the case of a defense article intended to be replaced at the
time such agreement is entered into, the estimated cost of replacement
of such article, including the contract or production costs less any
depreciation in the value of such article; or
(C) in the case of the sale of a defense service, the full cost to
the United States Government of furnishing such service, except that in
the case of training sold to a purchaser who is concurrently receiving
assistance under chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.), only those additional costs that are
incurred by the United States Government in furnishing such assistance.
(2) For purposes of subparagraph (A) of paragraph (1), the actual
value of a naval vessel of 3,000 tons or less and 20 years or more of
age shall be considered to be not less than the greater of the scrap
value or fair value (including conversion costs) of such vessel, as
determined by the Secretary of Defense.
(b) Time of payment
Except as provided by subsection (d) of this section, payment shall
be made in advance or, if the President determines it to be in the
national interest, upon delivery of the defense article or rendering of
the defense service.
(c) Personnel performing defense services sold as prohibited from
performing combat activities
(1) Personnel performing defense services sold under this chapter may
not perform any duties of a combatant nature, including any duties
related to training and advising that may engage United States personnel
in combat activities, outside the United States in connection with the
performance of those defense services.
(2) Within forty-eight hours of the existence of, or a change in
status of significant hostilities or terrorist acts or a series of such
acts, which may endanger American lives or property, involving a country
in which United States personnel are performing defense services
pursuant to this chapter or the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), the President shall submit to the Speaker of the
House of Representatives and to the President pro tempore of the Senate
a report, in writing, classified if necessary, setting forth --
(A) the identity of such country;
(B) a description of such hostilities or terrorist acts; and
(C) the number of members of the United States Armed Forces and the
number of United States civilian personnel that may be endangered by
such hostilities or terrorist acts.
(d) Billings; interest after due date, rates of interest and
extension of due date
If the President determines it to be in the national interest
pursuant to subsection (b) of this section, billings for sales made
under letters of offer issued under this section after June 30, 1976,
may be dated and issued upon delivery of the defense article or
rendering of the defense service and shall be due and payable upon
receipt thereof by the purchasing country or international organization.
Interest shall be charged on any net amount due and payable which is
not paid within sixty days after the date of such billing. The rate of
interest charged shall be a rate not less than a rate determined by the
Secretary of the Treasury taking into consideration the current average
market yield on outstanding short-term obligations of the United States
as of the last day of the month preceding the billing and shall be
computed from the date of billing. The President may extend such
sixty-day period to one hundred and twenty days if he determines that
emergency requirements of the purchaser for acquisition of such defense
articles or defense services exceed the ready availability to the
purchaser of funds sufficient to pay the United States in full for them
within such sixty-day period and submits that determination to the
Congress together with a special emergency request for the authorization
and appropriation of additional funds to finance such purchases under
this chapter.
(e) Charges; reduction or waiver
(1) After September 30, 1976, letters of offer for the sale of
defense articles or for the sale of defense services that are issued
pursuant to this section or pursuant to section 2762 of this title shall
include appropriate charges for --
(A) administrative services, calculated on an average percentage
basis to recover the full estimated costs (excluding a pro rata share of
fixed base operation costs) of administration of sales made under this
chapter to all purchasers of such articles and services as specified in
section 2792(b) of this title and section 2792(c) of this title;
(B) a proportionate amount of any nonrecurring costs of research,
development, and production of major defense equipment (except for
equipment wholly paid for either from funds transferred under section
503(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2311(a)(3))
or from funds made available on a nonrepayable basis under section 2763
of this title); and
(C) the recovery of ordinary inventory losses associated with the
sale from stock of defense articles that are being stored at the expense
of the purchaser of such articles.
(2) The President may reduce or waive the charge or charges which
would otherwise be considered appropriate under paragraph (1)(B) for
particular sales that would, if made, significantly advance United
States Government interests in North Atlantic Treaty Organization
standardization, standardization with the Armed Forces of Japan,
Australia, or New Zealand in furtherance of the mutual defense treaties
between the United States and those countries, or foreign procurement in
the United States under coproduction arrangements.
(3)(A) The President may waive the charges for administrative
services that would otherwise be required by paragraph (1)(A) in
connection with any sale to the Maintenance and Supply Agency of the
North Atlantic Treaty Organization in support of --
(i) a weapon system partnership agreement; or
(ii) a NATO/SHAPE project.
(B) The Secretary of Defense may reimburse the fund established to
carry out section 2792(b) of this title in the amount of the charges
waived under subparagraph (A) of this paragraph. Any such reimbursement
may be made from any funds available to the Department of Defense.
(C) As used in this paragraph --
(i) the term ''weapon system partnership agreement'' means an
agreement between two or more member countries of the Maintenance and
Supply Agency of the North Atlantic Treaty Organization that --
(I) is entered into pursuant to the terms of the charter of that
organization; and
(II) is for the common logistic support of a specific weapon system
common to the participating countries; and
(ii) the term ''NATO/SHAPE project'' means a common-funded project
supported by allocated credits from North Atlantic Treaty Organization
bodies or by host nations with NATO Infrastructure funds.
(f) Public inspection of contracts
Any contracts entered into between the United States and a foreign
country under the authority of this section or section 2762 of this
title shall be prepared in a manner which will permit them to be made
available for public inspection to the fullest extent possible
consistent with the national security of the United States.
(g) North Atlantic Treaty Organization standardization agreements,
similar agreements; reimbursement for costs; transmittal to Congress
The President may enter into North Atlantic Treaty Organization
standardization agreements in carrying out section 814 of the Act of
October 7, 1975 (Public Law 94-106), and may enter into similar
agreements with Japan, Australia, and New Zealand, and with other
countries which are major non-NATO allies, for the cooperative
furnishing of training on bilateral or multilateral basis, if the
financial principles of such agreements are based on reciprocity. Such
agreements shall include reimbursement for all direct costs but may
exclude reimbursement for indirect costs, administrative surcharges, and
costs of billeting of trainees (except to the extent that members of the
United States Armed Forces occupying comparable accommodations are
charged for such accommodations by the United States). Each such
agreement shall be transmitted promptly to the Speaker of the House of
Representatives and the Committees on Appropriations, Armed Services,
and Foreign Relations of the Senate. As used in this subsection, the
term ''major non-NATO allies'' means those countries designated as major
non-NATO allies for purposes of section 2350a(i)(3) of title 10.
(h) Reciprocal quality assurance, inspection, contract administrative
services, and contract audit defense services; catalog data and
services
(1) The President is authorized to provide (without charge) quality
assurance, inspection, contract administration services, and contract
audit defense services under this section --
(A) in connection with the placement or administration of any
contract or subcontract for defense articles, defense services, or
design and construction services entered into after October 29, 1979,
by, or under this chapter on behalf of, a foreign government which is a
member of the North Atlantic Treaty Organization, if such government
provides such services in accordance with an agreement on a reciprocal
basis, without charge, to the United States Government; or
(B) in connection with the placement or administration of any
contract or subcontract for defense articles, defense services, or
design and construction services pursuant to the North Atlantic Treaty
Organization Infrastructure Program in accordance with an agreement
under which the foreign governments participating in such program
provide such services, without charge, in connection with similar
contracts or subcontracts.
(2) In carrying out the objectives of this section, the President is
authorized to provide cataloging data and cataloging services, without
charge, to the North Atlantic Treaty Organization or to any member
government of that Organization if that Organization or member
government provides such data and services in accordance with an
agreement on a reciprocal basis, without charge, to the United States
Government.
(i) Sales affecting combat readiness of Armed Forces; statement to
Congress; limitation on delivery
(1) Sales of defense articles and defense services which could have
significant adverse effect on the combat readiness of the Armed Forces
of the United States shall be kept to an absolute minimum. The
President shall transmit to the Speaker of the House of Representatives
and the Committees on Armed Services and Foreign Relations of the Senate
on the same day a written statement giving a complete explanation with
respect to any proposal to sell, under this section or under authority
of subchapter II-B of this chapter, any defense articles or defense
services if such sale could have a significant adverse effect on the
combat readiness of the Armed Forces of the United States. Each such
statement shall be unclassified except to the extent that public
disclosure of any item of information contained therein would be clearly
detrimental to the security of the United States. Any necessarily
classified information shall be confined to a supplemental report. Each
such statement shall include an explanation relating to only one such
proposal to sell and shall set forth --
(A) the country or international organization to which the sale is
proposed to be made;
(B) the amount of the proposed sale;
(C) a description of the defense article or service proposed to be
sold;
(D) a full description of the impact which the proposed sale will
have on the Armed Forces of the United States; and
(E) a justification for such proposed sale, including a certification
that such sale is important to the security of the United States.
A certification described in subparagraph (E) shall take effect on
the date on which such certification is transmitted and shall remain in
effect for not to exceed one year.
(2) No delivery may be made under any sale which is required to be
reported under paragraph (1) of this subsection unless the certification
required to be transmitted by paragraph /1/ (E) of paragraph (1) is in
effect.
(Pub. L. 90-629, ch. 2, 21, Oct. 22, 1968, 82 Stat. 1323; Pub. L.
94-329, title II, 205, 206, June 30, 1976, 90 Stat. 736, 738; Pub. L.
95-384, 16, Sept. 26, 1978, 92 Stat. 740; Pub. L. 96-92, 12, Oct. 29,
1979, 93 Stat. 705; Pub. L. 96-533, title I, 102, 103, 105(b)( 1),
115(b)(2), Dec. 16, 1980, 94 Stat. 3132, 3134, 3140; Pub. L. 97-113,
title I, 103, 104, Dec. 29, 1981, 95 Stat. 1521; Pub. L. 97-392, 3,
Dec. 29, 1982, 96 Stat. 1963; Pub. L. 98-473, title I, 101(1)(title
III, 301), Oct. 12, 1984, 98 Stat. 1884, 1895; Pub. L. 99-83, title I,
107(a), 108-111, Aug. 8, 1985, 99 Stat. 196, 197; Pub. L. 100-202, 101(
e) (title V, 580), Dec. 22, 1987, 101 Stat. 1329-131, 1329-181; Pub. L.
100-456, div. A, title X, 1002, Sept. 29, 1988, 102 Stat. 2037; Pub. L.
101-165, title IX, 9104(c), Nov. 21, 1989, 103 Stat. 1152; Pub. L.
102-25, title VII, 705(d)(1), Apr. 6, 1991, 105 Stat. 120.)
The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1)(
C) and (c)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, which is classified principally to chapter 32 ( 2151 et seq.)
of this title. Chapter 5 of part II of such Act is classified generally
to part V of subchapter II ( 2347 et seq.) of chapter 32 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
Section 814 of the act of October 7, 1975 (Public Law 94-106),
referred to in subsec. (g), is not classified to the Code.
Amendment by Pub. L. 98-473 is based on section 102 of S. 2346,
Ninety-eighth Congress, as introduced in the Senate Feb. 27, 1984,
which was enacted into permanent law by Pub. L. 98-473.
1991 -- Subsec. (g). Pub. L. 102-25 substituted ''section 2350a(i)(
3) of title 10'' for ''section 2767a of this title''.
1989 -- Subsec. (e)(1)(A). Pub. L. 101-165, 9104(c)(1), inserted
reference to section 2792(b) and (c) of this title.
Subsec. (e)(1)(B). Pub. L. 101-165, 9104(c)(2), (3), redesignated
subpar. (C) as (B) and inserted exception for equipment wholly paid for
from funds transferred under the Foreign Assistance Act of 1961 or from
funds made available under section 2763 of this title. Former subpar.
(B), which included charges for any use of plant and production
equipment in connection with defense articles, was struck out.
Subsec. (e)(1)(C), (D). Pub. L. 101-165, 9104(c)(3), redesignated
subpar. (D) as (C). Former subpar. (C) redesignated (B).
Subsec. (e)(2). Pub. L. 101-165, 9104(c)(4), substituted reference to
par. (1)(B) for reference to pars. (1)(B) and (1)(C).
1988 -- Subsec. (e)(3). Pub. L. 100-456 added par. (3).
1987 -- Subsec. (g). Pub. L. 100-202 inserted ''and with other
countries which are major non-NATO allies,'' after ''New Zealand,'' and
inserted last sentence defining ''major non-NATO allies''.
1985 -- Subsec. (a)(1). Pub. L. 99-83, 107(a)(1), (2), designated
existing provisions as par. (1), and substituted ''(A)'', ''(B)'', and
''(C)'' for ''(1)'', ''(2)'', and ''(3)'', respectively.
Subsec. (a)(1)(C). Pub. L. 99-83, 108(a), inserted provisions
relating to training sold to a purchaser receiving assistance under
chapter 5 of part II of the Foreign Assistance Act of 1961.
Subsec. (a)(2). Pub. L. 99-83, 107(a)(3), added par. (2).
Subsec. (e)(1)(A). Pub. L. 99-83, 109, inserted provisions excluding
pro rata share of fixed base operation costs.
Subsec. (g). Pub. L. 99-83, 108(b), added subsec. (g).
Subsec. (h)(1). Pub. L. 99-83, 110, 111(1), (2), designated existing
provisions as par. (1), inserted applicability to contract
administrative services, and substituted ''(A)'' and ''(B)'' for ''(1)''
and ''(2)'', respectively.
Subsec. (h)(2). Pub. L. 99-83, 111(3), added par. (2).
1984 -- Subsec. (a)(3). Pub. L. 98-473 struck out ''sold to a
purchaser who is concurrently receiving assistance under chapter 5 of
part II of the Foreign Assistance Act of 1961'' after ''in the case of
training''.
Subsec. (g). Pub. L. 98-473 struck out subsec. (g) which related to
NATO standardization agreements and similar agreements with Japan,
Australia, and New Zealand.
1982 -- Subsec. (i)(1). Pub. L. 97-392 inserted reference to
proposals to sell under the authority of subchapter II-B of this
chapter.
1981 -- Subsec. (c)(2). Pub. L. 97-113, 103, substituted provision
for a report within forty-eight hours of existence of or change in
status of significant hostilities or terrorist acts or series of such
acts, which may endanger American lives or property for provision for a
report within 48 hours after outbreak of significant hostilities and
omitted provision for statement of relation between the defense services
and hostilities in the country, the location and precise nature of
personnel activities, and likelihood of personnel engagement in the
hostilities.
Subsec. (e)(2). Pub. L. 97-113, 104, authorized reduction or waiver
of charges for use and nonrecurring research, development, and
production costs respecting sales significantly advancing United States
interests in standardization with Armed Forces of Japan, Australia, or
New Zealand in furtherance of the mutual defense treaties between the
United States and those countries.
1980 -- Subsec. (a)(3). Pub. L. 96-533, 115(b)(2), included payment,
in case of training sold to a purchaser currently receiving
international military education and training assistance, of additional
costs incurred by the United States Government in furnishing the
training.
Subsec. (c). Pub. L. 96-533, 102, designated existing provision as
par. (1), substituted ''training and advising that may engage United
States personnel in combat activities'' for ''training, advising, or
otherwise providing assistance regarding combat activities'', and added
par. (2).
Subsec. (g). Pub. L. 96-533, 103, authorized the President to enter
into standardization agreements with Japan, Australia, and New Zealand.
Subsec. (h). Pub. L. 96-533, 105(b)(1), substituted ''defense
articles, defense services, or design and construction services'' for
''defense articles or defense services'' in two places.
1979 -- Subsecs. (h), (i). Pub. L. 96-92 added subsec. (h) and
redesignated former subsec. (h) as (i).
1978 -- Subsec. (e)(1)(D). Pub. L. 95-384 added subpar. (D).
1976 -- Subsec. (a). Pub. L. 94-329, 205, designated existing
provisions as subsec. (a) and substituted provisions authorizing
President to sell defense articles and defense services from Department
of Defense stocks to eligible countries and international organizations
who agree to pay specified values for such articles and services in
United States dollars, for provisions requiring that payment for defense
articles and defense services from stocks be made in advance, or if in
the best interest of the United States as determined by the President,
within a reasonable period not to exceed 120 days after delivery of the
articles or rendering of the services.
Subsecs. (b) to (h). Pub. L. 94-329, 205, 206, added subsecs. (b) to
(h).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Functions of President under this section, except the last sentence
of subsec. (d) and subsec. (i), delegated to Secretary of Defense by
section 1(c) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as
amended, set out as a note under section 2751 of this title.
/1/ So in original. Probably should be ''subparagraph''.
22 USC 2762. Procurement for cash sales
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authority of President; dependable undertaking by foreign
country or international organization; interest rates
Except as otherwise provided in this section, the President may,
without requirement for charge to any appropriation or contract
authorization otherwise provided, enter into contracts for the
procurement of defense articles or defense services for sale for United
States dollars to any foreign country or international organization if
such country or international organization provides the United States
Government with a dependable undertaking (1) to pay the full amount of
such contract which will assure the United States Government against any
loss on the contract, and (2) to make funds available in such amounts
and at such times as may be required to meet the payments required by
the contract, and any damages and costs that may accrue from the
cancellation of such contract, in advance of the time such payments,
damages, or costs are due. Interest shall be charged on any net amount
by which any such country or international organization is in arrears
under all of its outstanding unliquidated dependable undertakings,
considered collectively. The rate of interest charged shall be a rate
not less than a rate determined by the Secretary of the Treasury taking
into consideration the current average market yield on outstanding
short-term obligations of the United States as of the last day of the
month preceding the net arrearage and shall be computed from the date of
net arrearage.
(b) Issuance of letters of offer under emergency determination;
availability of appropriations for payment
The President may, if he determines it to be in the national
interest, issue letters of offer under this section which provide for
billing upon delivery of the defense article or rendering of the defense
service and for payment within one hundred and twenty days after the
date of billing. This authority may be exercised, however, only if the
President also determines that the emergency requirements of the
purchaser for acquisition of such defense articles and services exceed
the ready availability to the purchaser of funds sufficient to make
payments on a dependable undertaking basis and submits both
determinations to the Congress together with a special emergency request
for authorization and appropriation of additional funds to finance such
purchases under this chapter. Appropriations available to the
Department of Defense may be used to meet the payments required by the
contracts for the procurement of defense articles and defense services
and shall be reimbursed by the amounts subsequently received from the
country or international organization to whom articles or services are
sold.
(c) Applicability of Renegotiation Act of 1951
The provisions of the Renegotiation Act of 1951 (50 App. U.S.C. 1211
et seq.) do not apply to procurement contracts heretofore or hereafter
entered into under this section, section 2769 of this title, or
predecessor provisions of law.
(Pub. L. 90-629, ch. 2, 22, Oct. 22, 1968, 82 Stat. 1323; Pub. L.
93-189, 25(3), Dec. 17, 1973, 87 Stat. 730; Pub. L. 94-329, title II,
207, June 30, 1976, 90 Stat. 738; Pub. L. 95-384, 17, Sept. 26, 1978,
92 Stat. 740; Pub. L. 96-533, title I, 105(b)(2), Dec. 16, 1980, 94
Stat. 3134.)
The Renegotiation Act of 1951, referred to in subsec. (c), is act
Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which was classified
principally to section 1211 et seq. of Title 50, Appendix, War and
National Defense, prior to its omission from the Code. See Codification
note set out under section 1211 of Title 50, Appendix.
1980 -- Subsec. (c). Pub. L. 96-533 substituted ''procurement
contracts'' for ''contracts for the procurement of defense articles and
defense services'' and inserted reference to contracts entered into
under section 2769 of this title.
1978 -- Subsec. (c). Pub. L. 95-384 added subsec. (c).
1976 -- Subsec. (a). Pub. L. 94-329, 207(a), inserted provisions
requiring interest to be charged on any net amount a country or
international organization is in arrears and the rate of interest to be
determined by the Secretary of Treasury considering current average
market yield of short-term obligations of United States on a particular
day.
Subsec. (b). Pub. L. 94-329, 207(b), substituted provisions
authorizing President to issue letters of offer with provisions for
billing on delivery of article or rendering of service and payment
within 120 days after billing date where President determines that
emergency conditions exist, for provisions authorizing President to
accept a dependable undertaking of a foreign country or international
organization with respect to sales of defense articles and services and
to make payment within 120 days of delivery of article or rendering of
service.
1973 -- Pub. L. 93-189 designated text preceding first proviso as
subsec. (a) and inserted ''Except as otherwise provided in this
section,'' before ''the President'', designated first proviso as subsec.
(b) and inserted reference to acceptance of a dependable undertaking of
a foreign country or international organization, and struck out further
provisions setting forth Presidential powers with respect to sales
agreements with and payments by purchasing countries or international
organizations.
Functions of President under subsec. (a) of this section delegated
to Secretary of Defense by section 1(d) of Ex. Ord. No. 11958, Jan.
18, 1977, 42 F.R. 4311, as amended, set out as a note under section 2751
of this title.
22 USC 2763. Credit sales
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Financing procurement of defense articles and services, and
design and construction services
The President is authorized to finance the procurement of defense
articles, defense services, and design and construction services by
friendly foreign countries and international organizations, on such
terms and conditions as he may determine consistent with the
requirements of this section. Notwithstanding any other provision of
law, and subject to the regular notification requirements of the
Committees on Appropriations, the authority of this section may be used
to provide financing to Israel and Egypt for the procurement by leasing
(including leasing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major Defense
Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there
are compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under this chapter.
(b) Repayment period
The President shall require repayment in United States dollars within
a period not to exceed twelve years after the loan agreement with the
country or international organization is signed on behalf of the United
States Government, unless a longer period is specifically authorized by
statute for that country or international organization.
(c) Interest rate; definitions
(1) The President shall charge interest under this section at such
rate as he may determine, except that such rate may not be less than 5
percent per year.
(2) For purposes of financing provided under this section --
(A) the term ''concessional rate of interest'' means any rate of
interest which is less than market rates of interest; and
(B) the term ''market rate of interest'' means any rate of interest
which is equal to or greater than the current average interest rate (as
of the last day of the month preceding the financing of the procurement
under this section) that the United States Government pays on
outstanding marketable obligations of comparable maturity.
(d) Participations in credits
References in any law to credits extended under this section shall be
deemed to include reference to participations in credits.
(e) Payments on account of prior credits or loans
(1) Funds made available to carry out this section may be used by a
foreign country to make payments of principal and interest which it owes
to the United States Government on account of credits previously
extended under this section or loans previously guaranteed under section
2764 of this title, subject to paragraph (2).
(2) Funds made available to carry out this section may not be used
for prepayment of principal or interest pursuant to the authority of
paragraph (1).
(Pub. L. 90-629, ch. 2, 23, Oct. 22, 1968, 82 Stat. 1324; Pub. L.
93-559, 45(a)(2), Dec. 30, 1974, 88 Stat. 1813; Pub. L. 94-329, title
II, 208(a), June 30, 1976, 90 Stat. 739; Pub. L. 96-533, title I, 105(
b)(3), Dec. 16, 1980, 94 Stat. 3134; Pub. L. 99-83, title I, 102, Aug.
8, 1985, 99 Stat. 195; Pub. L. 100-202, 101(e) (title V, 572), Dec.
22, 1987, 101 Stat. 1329-131, 1329-176; Pub. L. 101-513, title V, 580,
Nov. 5, 1990, 104 Stat. 2045.)
1990 -- Subsec. (e). Pub. L. 101-513 added subsec. (e).
1987 -- Subsec. (a). Pub. L. 100-202 inserted sentence at end
authorizing financing to Israel and Egypt for commercial leasing of
defense articles, not including Major Defense Equipment, with exception
for certain aircraft, upon a Presidential determination that there are
compelling foreign policy or national defense reasons for such leasing.
1985 -- Pub. L. 99-83 amended section generally. Prior to
amendment, section read as follows: ''The President is authorized to
finance procurements of defense articles, defense services, and design
and construction services by friendly foreign countries and
international organizations on terms requiring the payment to the United
States Government in United States dollars of --
''(1) the value of such articles or services within a period not to
exceed twelve years after the delivery of such articles or the rendering
of such services; and
''(2) interest on the unpaid balance of that obligation for payment
of the value of such articles or services, at a rate equivalent to the
current average interest rate, as of the last day of the month preceding
the financing of such procurement, that the United States Government
pays on outstanding marketable obligations of comparable maturity,
unless the President certifies to Congress that the national interest
requires a lesser rate of interest and states in the certification the
lesser rate so required and the justification therefor.''
1980 -- Pub. L. 96-533 substituted ''defense articles, defense
services, and design and construction services'' for ''defense articles
and defense services''.
1976 -- Par. (1). Pub. L. 94-329 substituted ''twelve years'' for
''ten years''.
1974 -- Pub. L. 93-559 incorporated existing provisions in cl. (1)
and added cl. (2).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Section 208(b) of Pub. L. 94-329 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to financing under agreements entered into on or after the date of
enactment of this Act (June 30, 1976) for the procurement of defense
articles to be delivered, or defense services to be rendered, after such
date.''
Functions of President under this section and section 580 of Pub. L.
100-461, see Similar Provisions note below, except those functions
relating to determinations of a rate of interest which is less than the
market rate, delegated to Secretary of Defense, to be exercised in
consultation with Secretary of State and Secretary of the Treasury, by
section 1(e) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as
amended, set out as a note under section 2751 of this title.
Provisions similar to those appearing in last sentence of subsec.
(a) of this section appear in the following appropriation acts:
Pub. L. 101-513, title V, 561, Nov. 5, 1990, 104 Stat. 2026.
Pub. L. 101-167, title V, 571, Nov. 21, 1989, 103 Stat. 1245.
Pub. L. 100-461, title V, 580, Oct. 1, 1988, 102 Stat. 2268-48.
22 USC 2764. Guaranties
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Guaranty against political and credit risks of nonpayment
The President may guarantee any individual, corporation, partnership,
or other juridical entity doing business in the United States (excluding
United States Government agencies other than the Federal Financing Bank)
against political and credit risks of nonpayment arising out of their
financing of credit sales of defense articles, defense services, and
design and construction services to friendly countries and international
organizations. Fees shall be charged for such guaranties.
(b) Sale of promissory notes of friendly countries and international
organizations; guaranty of payment
The President may sell to any individual, corporation, partnership,
or other juridical entity (excluding United States Government agencies
other than the Federal Financing Bank) promissory notes issued by
friendly countries and international organizations as evidence of their
obligations to make repayments to the United States on account of credit
sales financed under section 2763 of this title, and may guarantee
payment thereof.
(c) Guaranty Reserve Fund; payment of guaranties; guaranty reserve
below prescribed amount
Funds obligated under this section before December 16, 1980, which
constitute a single reserve for the payment of claims under guaranties
issued under this section shall remain available for expenditure for the
purposes of this section on and after that date. That single reserve
may, on and after August 8, 1985, be referred to as the ''Guaranty
Reserve Fund''. Funds provided for necessary expenses to carry out the
provisions of section 2763 of this title and of section 2311 of this
title may be used to pay claims on the Guaranty Reserve Fund to the
extent that funds in the Guaranty Reserve Fund are inadequate for that
purpose. For purposes of any provision in this chapter or any other Act
relating to a prohibition or limitation on the availability of funds
under this chapter, whenever a guaranty is issued under this section,
the principal amount of the loan so guaranteed shall be deemed to be
funds made available for use under this chapter. Any guaranties issued
hereunder shall be backed by the full faith and credit of the United
States.
(Pub. L. 90-629, ch. 2, 24, Oct. 22, 1968, 82 Stat. 1324; Pub. L.
93-189, 25(4), Dec. 17, 1973, 87 Stat. 730; Pub. L. 93-559, 45(a)( 3),
(4), Dec. 30, 1974, 88 Stat. 1814; Pub. L. 96-533, title I, 104( a),
105(b)(3), Dec. 16, 1980, 94 Stat. 3132, 3134; Pub. L. 99-83, title I,
106(b), (c), Aug. 8, 1985, 99 Stat. 196; Pub. L. 100-71, title I, July
11, 1987, 101 Stat. 409.)
1987 -- Subsec. (c). Pub. L. 100-71, which directed that the second
par. be struck out and a new one-sentence par. be inserted, was
executed to reflect the probable intent of Congress by substituting the
new sentence for the third sentence which read as follows: ''Funds
authorized to be appropriated by section 2771(a) of this title to carry
out this chapter which are allocated for credits at market rates of
interest may be used to pay claims under such guarantees to the extent
funds in the Guaranty Reserve Fund are inadequate for that purpose.''
1985 -- Subsec. (c). Pub. L. 99-83 inserted provisions authorizing
the single reserve to be termed the ''Guaranty Reserve Fund'', and
substituted provisions relating to payment of claims under guarantees,
for provisions relating to report to Congress respecting any payment of
claims reducing the single reserve.
1980 -- Subsec. (a). Pub. L. 96-533, 105(b)(3), substituted
''defense articles, defense services, and design and construction
services'' for ''defense articles and defense services''.
Subsec. (c). Pub. L. 96-533, 104(a), substituted provisions making
funds obligated before Dec. 16, 1980 available for expenditure after
such date for payment of guaranteed claims, requiring the President to
report to Congress the reduction of the single reserve below
$750,000,000 with recommendation for an appropriations authorization of
additional funds and deeming the principal amount of a guaranteed loan
to be funds made available for use under this chapter for purposes of
any limitation on availability of funds for prior provisions for
obligation of available funds in an amount equal to 10 per centum of
principal amount of contractual liability related to a guaranty under
this section, making such funds a single reserve for payment of
guaranteed claims, and providing for transfer of any funds deobligated
during any current fiscal year to the general fund of the Treasury.
1974 -- Subsecs. (a), (b). Pub. L. 93-559, 45(a)(3), inserted
''other than the Federal Financing Bank'' in parenthetical text.
Subsec. (c). Pub. L. 93-559, 45(a)(4), substituted ''10'' for ''25''
in two places.
1973 -- Subsec. (c). Pub. L. 93-189 substituted ''to carry out this
chapter'' for ''pursuant to section 2771 of this title'' and inserted
''principal amount of'' before ''contractual liability'' wherever
appearing.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Obligations Charged Against Appropriations; Credit
for Fiscal Year 1975 Appropriations
Section 45(b) of Pub. L. 93-559 provided that: ''The amendment made
by paragraph (4) of subsection (a) (amending this section) shall take
effect on July 1, 1974. Obligations initially charged against
appropriations made available for purposes authorized by section 31(a)
of the Foreign Military Sales Act (section 2771(a) of this title) after
June 30, 1974, and prior to the enactment of this section (Dec. 30,
1974) in an amount equal to 25 per centum of the principal amount of
contractual liability related to guaranties issued pursuant to section
24(a) of that Act (subsec. (a) of this section) shall be adjusted to
reflect such amendment with proper credit to the appropriations made
available in the fiscal year 1975 to carry out that Act (this
chapter).''
Functions of President under this section delegated to Secretary of
Defense, with Secretary of Defense required to consult with Secretary of
State and Secretary of the Treasury in implementing delegated functions,
by section 1(f) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as
amended, set out as a note under section 2751 of this title.
Pub. L. 101-513, title III, Nov. 5, 1990, 104 Stat. 1999, provided
that: ''Funds made available by the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1988 (Pub. L.
100-202, 101(e) (title III, 301), set out below), for obligation and
expenditure after October 1, 1988, subject to a Presidential budget
request, under the heading 'Foreign Military Sales Debt Reform',
subsection (b) 'Interest Rate Reduction' shall be available, subject to
the same conditions and provisos, only after October 1, 1991.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 101-167, title III, Nov. 21, 1989, 103 Stat. 1214.
Pub. L. 100-461, title III, 301, Oct. 1, 1988, 102 Stat. 2268-18.
Pub. L. 100-202, 101(e) (title III, 301), Dec. 22, 1987, 101 Stat.
1329-131, 1329-148, as amended by Pub. L. 101-167, title III, Nov. 21,
1989, 103 Stat. 1214, provided in part that:
''(a) Refinancing. -- Notwithstanding any other provision of law, the
President is authorized during fiscal years 1988 through 1991 to
transfer existing United States guaranties of outstanding Foreign
Military Sales (FMS) credit debt, or to issue new guaranties, either of
which would be applied to loans, bonds, notes or other obligations made
or issued (as the case may be) by private United States financial
institutions (the private lender) to finance the prepayment at par of
the principal amounts maturing after September 30, 1989 of existing FMS
loans bearing interest rates of eight percent or higher, and arrearages
thereon. The loans, bonds, notes or other obligations are hereinafter
referred to as the 'private loan': Provided, That such guaranties which
are transferred or are made pursuant to paragraph (a) shall cover no
more and no less than ninety percent of the private loan or any portion
or derivative thereof plus unpaid accrued interest and arrearages, if
any, outstanding at the time of guaranty transfer or extension:
Provided further, That the total amount of the guaranty of the private
loan cannot exceed ninety percent of the outstanding principal, unpaid
accrued interest and arrearages, if any, at any time: Provided further,
That of the total amount of the private loan, the ninety percent
guaranteed portion of the private loan cannot be separated from the
private loan at any time: Provided further, That no sums in addition to
the payment of the outstanding principal amounts maturing after
September 30, 1989 of the loan (or advance), plus unpaid accrued
interest thereon, and arrearages, if any, shall be charged by the
private lender or the Federal Financing Bank as a result of such
prepayment against the borrower, the guarantor, or the Guaranty Reserve
Fund (GRF), except that the private lender may include, in the interest
rate charged, a standard fee to cover costs, such fee which will be set
at prevailing market rates, and no guaranty fee shall be charged on
guarantees transferred or issued pursuant to this provision: Provided
further, That the terms of guaranties transferred or issued under this
paragraph shall be exactly the same as the existing loans or guarantees,
except as modified by this paragraph and including but not limited to
the final maturity and principal and interest payment structure of the
existing loans which shall not be altered, except that the repayments of
the private loan issued debt may be consolidated into two payments per
year: Provided further, That the private loan or guarantees transferred
or issued pursuant to this paragraph shall be fully and freely
transferable, except that any guaranty transferred or extended shall
cease to be effective if the private loan or any derivative thereof is
to be used to provide significant support for any non-registered
obligation: Provided further, That for purposes of sections 23 and 24
of the Arms Export Control Act (AECA) (22 U.S.C. 2763, 2764), the term
'defense services' shall be deemed to include the refinancing of FMS
debt outstanding at the date of the enactment of this Act (Dec. 22,
1987): Provided further, That not later than ninety days after the
enactment of this Act, the Secretary of the Treasury (Secretary) shall
issue regulations to carry out the purposes of this heading and that in
issuing such regulations, the Secretary shall (1) facilitate the
prepayment of loans and loan advances hereunder, (2) provide for full
processing of each application within thirty days of its submission to
the Secretary, and (3) except as provided in section 24(a) of the AECA,
impose no restriction that increases the cost to borrowers of obtaining
private financing for prepayment hereunder or that inhibits the ability
of the borrower to enter into prepayment arrangements hereunder:
Provided further, That the Secretary of State shall transmit to the
Committee on Foreign Affairs of the House of Representatives, the
Committee on Foreign Relations of the Senate, and the Committees on
Appropriations of the House of Representatives and Senate, a copy of the
text of any agreement entered into pursuant to this section not more
than thirty days after its entry into force, together with a description
of the transaction.
''(b) Interest Rate Reduction. -- Notwithstanding any other provision
of law, there is hereby appropriated such sums as may be necessary, but
not more than $270,000,000, to be made available after October 1, 1988
to the Secretary of Defense for the Defense Security Assistance Agency
for deposit into a new account, to remain available until expended:
Provided, That the funds shall be used solely for the purpose of
lowering the interest rate on Foreign Military Sales (FMS) credits which
were financed through the Federal Financing Bank (FFB) for countries
which do not refinance one or more FFB loans pursuant to paragraph (a)
of this heading, and which loans have interest rates exceeding eight
percent, down to an interest rate of eight percent for the remaining
life of such loans: Provided further, That these funds shall be
available only subject to a Presidential budget request: Provided
further, That it is the intent of the Congress that these funds shall be
available to all countries having FMS credits from the FFB that carry
interest rates in excess of eight percent.
''(c) Arrearages. -- (1) None of the funds provided pursuant to the
Arms Export Control Act (relating to Foreign Military Sales credits) (22
U.S.C. 2751 et seq.) or pursuant to chapter 2 of part II of the Foreign
Assistance Act (relating to the Military Assistance program) (22 U.S.C.
2311 et seq.) shall be made available to any country for which one or
more loans is refinanced pursuant to paragraph (a) of this heading and
which is in default for a period in excess of ninety days in payment of
principal or interest on (A) any loan made to such country guaranteed by
the United States pursuant to paragraph (a) of this heading, and (B) any
other loan issued pursuant to the Arms Export Control Act outstanding on
the date of enactment of this provision (Dec. 22, 1987).
''(2) In conjunction with any interest rate reduction pursuant to the
authority provided in paragraph (b) of this heading, the President shall
require the country to commit in writing that within two years of the
effective date of the interest rate reduction it will be no more than
ninety days in arrears on the repayment of principal and interest on all
loans for which the interest rate is thus reduced and will remain no
more than ninety days in arrears for the remaining life of all such
loans. None of the funds provided pursuant to the Arms Export Control
Act (22 U.S.C. 2751 et seq.) or chapter 2 of part II of the Foreign
Assistance Act (22 U.S.C. 2311 et seq.) shall be made available to any
country during any period in which it fails to comply with such
commitment.
''(d) Purposes and Reports. -- The authorities of paragraphs (a) and
(b) of this heading may be utilized by the President in efforts to
negotiate base rights and base access agreements, and for other
bilateral foreign policy matters: Provided further, That the
Secretaries of Defense, State, and Treasury shall transmit to the
Committee on Foreign Affairs of the House of Representatives, the
Committee on Foreign Relations of the Senate, and the Committees on
Appropriations of the House of Representatives and Senate a joint report
detailing the United States financial and foreign policy purposes served
by implementation of this authority on a country by country basis not
later than March 1, 1989, and a second joint report not later than
August 1, 1989.''
(Functions of President under subsec. (c)(2) of provisions of Pub.
L. 100-202 set out above, delegated to Secretary of State, see section
1-201(a)(32) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as
amended, set out as a note under section 2381 of this title.)
22 USC 2765. Annual estimate and justification for sales program
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Report to Congress; contents
Except as provided in subsection (d) /1/ of this section, no later
than February 1 of each year, the President shall transmit to the
Congress, as a part of the annual presentation materials for security
assistance programs proposed for the next fiscal year, a report which
sets forth --
(1) an arms sales proposal covering all sales and licensed commercial
exports under this chapter of major weapons or weapons-related defense
equipment for $7,000,000 or more, or of any other weapons or
weapons-related defense equipment for $25,000,000 or more, which are
considered eligible for approval during the current calendar year,
together with an indication of which sales and licensed commercial
exports are deemed most likely actually to result in the issuance of a
letter of offer or of an export license during such year;
(2) an estimate of the total amount of sales and licensed commercial
exports expected to be made to each foreign nation from the United
States;
(3) the United States national security considerations involved in
expected sales or licensed commercial exports to each country, an
analysis of the relationship between anticipated sales to each country
and arms control efforts concerning such country and an analysis of the
impact of such anticipated sales on the stability of the region that
includes such country;
(4) an estimate with regard to the international volume of arms
traffic to and from nations purchasing arms as set forth in paragraphs
(1) and (2) of this subsection, together with best estimates of the sale
and delivery of weapons and weapons-related defense equipment by all
major arms suppliers to all major recipient countries during the
preceding fiscal year;
(5)(A) an estimate of the aggregate dollar value and quantity of
defense articles and defense services, military education and training,
grant military assistance, and credits and guarantees, to be furnished
by the United States to each foreign country and international
organization in the next fiscal year; and
(B) for each country that is proposed to be furnished credits or
guaranties under this chapter in the next fiscal year and that has been
approved for cash flow financing (as defined in subsection (d) /1/ of
this section) in excess of $100,000,000 as of October 1 of the current
fiscal year --
(i) the amount of such approved cash flow financing,
(ii) a description of administrative ceilings and controls applied,
and
(iii) a description of the financial resources otherwise available to
such country to pay such approved cash flow financing;
(6) an analysis and description of the services performed during the
preceding fiscal year by officers and employees of the United States
Government carrying out functions on a full-time basis under this
chapter for which reimbursement is provided under section 2792(b) of
this title or section 2761(a) of this title, including the number of
personnel involved in performing such services;
(7) the total amount of funds in the reserve under section 2764(c) of
this title at the end of the fiscal year immediately preceding the
fiscal year in which a report under this section is made, together with
an assessment of the adequacy of such total amount of funds as a reserve
for the payment of claims under guarantees issued pursuant to section
2764 of this title in view of the current debt servicing capacity of
borrowing countries, as reported to the Congress pursuant to section
634(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394(a)(5));
(8) a list of all countries with respect to which findings made by
the President pursuant to section 2753(a)(1) of this title are in effect
on the date of such transmission;
(9) the progress made under the program of the Republic of Korea to
modernize its armed forces, the role of the United States in mutual
security efforts in the Republic of Korea and the military balance
between the People's Republic of Korea and the Republic of Korea;
(10) the amount and nature of Soviet military assistance to the armed
forces of Cuba during the preceding fiscal year and the military
capabilities of those armed forces;
(11) the status of each loan and each contract of guaranty or
insurance theretofore made under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), predecessor Acts, or any Act authorizing
international security assistance, with respect to which there remains
outstanding any unpaid obligation or potential liability; the status of
each extension of credit for the procurement of defense articles or
defense services, and of each contract of guaranty in connection with
any such procurement, theretofore made under this chapter with respect
to which there remains outstanding any unpaid obligation or potential
liability; and
(12) such other information as the President may deem necessary.
(b) Congressional request for additional information
Not later than thirty days following the receipt of a request made by
the Committee on Foreign Relations of the Senate or the Committee on
Foreign Affairs of the House of Representatives for additional
information with respect to any information submitted pursuant to
subsection (a) of this section, the President shall submit such
information to such committee.
(c) Submission of information in unclassified form or classified
addendum with unclassified summary
The President shall make every effort to submit all of the
information required by subsection (a) or (b) of this section wholly in
unclassified form. Whenever the President submits any such information
in classified form, he shall submit such classified information in an
addendum and shall also submit simultaneously a detailed summary, in
unclassified form, of such classified information.
(d) /2/ ''Cash flow financing'' defined
For the purposes of subsection (a)(5)(B) of this section, the term
''cash flow financing'' means the dollar amount of the difference
between the total estimated price of a Letter of Offer and Acceptance or
other purchase agreement that has been approved for financing under this
chapter or under section 503(a)(3) of the Foreign Assistance Act of 1961
(22 U.S.C. 2311(a)(3)) and the amount of the financing that has been
approved therefor; /3/
(d) /2/ Transmission of information to Congress
The information required by subsection (a)(4) of this section shall
be transmitted to the Congress no later than April 1 of each year.
(Pub. L. 90-629, ch. 2, 25, as added Pub. L. 94-329, title II, 209(
a), June 30, 1976, 90 Stat. 739, and amended Pub. L. 95-384, 18, Sept.
26, 1978, 92 Stat. 740; Pub. L. 96-92, 13, 14, Oct. 29, 1979, 93 Stat.
706; Pub. L. 96-533, title I, 104(c), 107(d), Dec. 16, 1980, 94 Stat.
3133, 3137; Pub. L. 97-113, title VII, 732, Dec. 29, 1981, 95 Stat.
1557; Pub. L. 99-83, title I, 112, 113, Aug. 8, 1985, 99 Stat. 198.)
Subsection (d) of this section, referred to in subsec. (a),
preceding par. (1), probably means the subsec. (d) added by section
113(2) of Pub. L. 99-83, relating to transmittal of information to
Congress.
Subsection (d) of this section, referred to in subsec. (a)(5)(B),
probably means the subsec. (d) added by section 112(b) of Pub. L.
99-83, defining cash flow financing.
The Foreign Assistance Act of 1961, referred to in subsec. (a)(11),
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is
classified principally to chapter 32 ( 2151 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
1985 -- Subsec. (a). Pub. L. 99-83, 113(1), substituted ''Except as
provided in subsection (d) of this section, no'' for ''No''.
Subsec. (a)(5). Pub. L. 99-83, 112(a), designated existing provisions
as subpar. (A) and added subpar. (B).
Subsec. (d). Pub. L. 99-83, 112(b), added subsec. (d) defining
''cash flow financing''.
Pub. L. 99-83, 113(2), added subsec. (d) relating to transmittal of
information to Congress.
1981 -- Subsec. (a). Pub. L. 97-113, in provision preceding par.
(1), required transmission of the report no later than Feb. 1 of each
year and substituted provision for annual presentation materials for
programs proposed for next fiscal year for provision for presentation
materials for programs proposed for each fiscal year.
Subsec. (a)(1). Pub. L. 97-113 added par. (1) which incorporated
provisions of former subsec. (d)(1) of this section. See subsec. (d)
amendment note. Former par. (1) covered in par. (3).
Subsec. (a)(2). Pub. L. 97-113 added par. (2). Former par. (2),
which required the report to contain an estimate of amount of credits
and guaranties expected to be extended to each country under sections
2763 and 2764 of this title, covered in par. (5).
Subsec. (a)(3). Pub. L. 97-113 added par. (3) which incorporated
provisions of former par. (1) requiring the report to contain an
estimate of amounts of expected sales to each country under sections
2761 and 2762 of this title, including detailed explanations of foreign
policy and United States national security considerations in expected
sales to each country, and (5) requiring inclusion of an arms control
impact statement for each purchasing country, covering (A) an analysis
of the relationship between expected sales to each country and arms
control efforts relating to that country, and (B) the impact of such
expected sales on the stability of the region that included the
purchasing country. Former par. (3) redesignated (7).
Subsec. (a)(4). Pub. L. 97-113 added par. (4) which incorporated
provisions of former subsec. (e), which had required executive
estimates of international arms traffic, including estimates on an
annual basis of the sale and delivery of weapons and weapons-related
defense equipment by all major arms suppliers to all major recipient
countries during the preceding three years. Former par. (4) covered in
par. (8).
Subsec. (a)(5). Pub. L. 97-113 added par. (5) which incorporated
provisions of former par. (2) requiring the report to contain an
estimate of amount of credits and guaranties expected to be extended to
each country under sections 2763 and 2764 of this title. Former par.
(5) covered in par. (3).
Subsec. (a)(6). Pub. L. 97-113 added par. (6).
Subsec. (a)(7). Pub. L. 97-113 redesignated former par. (3) as (7).
Subsec. (a)(8). Pub. L. 97-113 added par. (8), which incorporated
provisions of former par. (4), requiring the report to contain a list
of all findings in effect on date of its transmission made by the
President pursuant to section 2753(a)(1) of this title, together with a
full and complete justification for each finding, explaining how sales
to each country with respect to which findings were made would
strengthen the security of the United States and promote world peace.
Subsecs. (a)(9) to (12). Pub. L. 97-113 added pars. (9) to (12).
Subsec. (b). Pub. L. 97-113 substituted ''Committee on Foreign
Affairs'' for ''Committee on International Relations'', and ''with
respect to any information'' for ''with respect to any estimate''.
Subsec. (c). Pub. L. 97-113 substituted ''Whenever the President''
for ''In the event the President''.
Subsec. (d). Pub. L. 97-113 incorporated in subsec. (a) introductory
text and subsec. (a)(1), provisions of former subsec. (d)(1) which had
required transmission to the Speaker of the House and the chairman of
the Senate Foreign Relations Committee the Arms Sales Proposal covering
sales and licensed commercials exports under this chapter (other than
such transactions to members of North Atlantic Treaty Organization,
Japan, Australia, and New Zealand) of major weapons or weapons-related
defense equipment for $7,000,000 or more, or of any other weapons or
similar equipment for $25,000,000 or more, which were eligible for
approval during fiscal year beginning October 1 of such year and had
required identification in the reports of sales and licensed commercial
exports deemed most likely actually to result in issuance of a letter of
offer or of an export license during such fiscal year, and subsec.
(d)(2) which had required Presidential six month written notifications
of Congress of any change in the Arms Sales Proposal for such fiscal
year, together with reasons therefor.
Subsec. (e). Pub. L. 97-113 incorporated, in subsec. (a)
introductory text and subsec. (a)(4), provisions of former subsec. (e)
which had required transmission to Congress on or before Nov. 15 of
each year executive estimates of international arms traffic, including
estimates on an annual basis of the sale and delivery of weapons and
weapons-related defense equipment by all major arms suppliers to all
major recipient countries during the preceding three years.
1980 -- Subsec. (a)(3) to (5). Pub. L. 96-533, 104(c), added par.
(3) and redesignated former pars. (3) and (4) as (4) and (5),
respectively.
Subsec. (d)(1). Pub. L. 96-533, 107(d), included coverage of licensed
commercial exports and substituted ''letter of offer or of an export
license'' for ''letter of offer''.
1979 -- Subsec. (d). Pub. L. 96-92, 13(1)-(4), designated existing
provision as par. (1), substituted ''major weapons or weapons-related
defense equipment'' for ''major defense equipment'' and ''weapons or
weapons-related defense equipment'' for ''defense articles or defense
services'', required identification of sales likely to result in
issuance of a letter of offer in the furnished reports, and added par.
(2).
Subsec. (e). Pub. L. 96-92, 14, added subsec. (e).
1978 -- Subsec. (c). Pub. L. 95-384, 18(b), substituted ''subsection
(a) or (b) of this section'' for ''this section''.
Subsec. (d). Pub. L. 95-384, 18(a), added subsec. (d).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Functions of President under this section delegated to Secretary of
State, with Secretary of Defense and Director of Arms Control and
Disarmament Agency required to assist in preparation of materials for
presentation to Congress, by section 1(g) of Ex. Ord. No. 11958, Jan.
18, 1977, 42 F.R. 4311, as amended, set out as a note under section 2751
of this title.
/1/ See References in Text note below.
/2/ So in original. Two subsecs. (d) have been enacted.
/3/ So in original. The semicolon probably should be a period.
22 USC 2766. Security assistance surveys
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Statement of findings and policy
The Congress finds that security assistance surveys prepared by the
United States for foreign countries have had a significant impact on
subsequent military procurement decisions of those countries. It is the
policy of the United States that the results of security assistance
surveys conducted by the United States clearly do not represent a
commitment by the United States to provide any military equipment to any
foreign country. Further, recommendations in such surveys should be
consistent with the arms export control policy provided for in this
chapter.
(b) Reporting requirements
As part of the quarterly report required by section 2776(a) of this
title, the President shall include a list of all security assistance
surveys authorized during the preceding calendar quarter, specifying the
country with respect to which the survey was or will be conducted, the
purpose of the survey, and the number of United States Government
personnel who participated or will participate in the survey.
(c) Submission of surveys to Congress
Upon a request of the chairman of the Committee on Foreign Affairs of
the House of Representatives or the chairman of the Committee on Foreign
Relations of the Senate, the President shall submit to that committee
copies of security assistance surveys conducted by United States
Government personnel.
(d) ''Security assistance surveys'' defined
As used in this section, the term ''security assistance surveys''
means any survey or study conducted in a foreign country by United
States Government personnel for the purpose of assessing the needs of
that country for security assistance, and includes defense requirement
surveys, site surveys, general surveys or studies, and engineering
assessment surveys.
(Pub. L. 90-629, ch. 2, 26, as added Pub. L. 95-384, 19, Sept. 26,
1978, 92 Stat. 740, and amended H. Res. 89, Feb. 5, 1979; Pub. L.
99-83, title I, 114, Aug. 8, 1985, 99 Stat. 198.)
1985 -- Pub. L. 99-83, 114(a)(1), substituted ''Security
assistance'' for ''Defense requirement'' in section catchline.
Subsecs. (a), (b). Pub. L. 99-83, 114(a)(2), substituted ''security
assistance'' for ''defense requirement'' wherever appearing.
Subsec. (c). Pub. L. 99-83, 114(a)(2), (b), substituted ''submit to
that committee copies of security assistance surveys'' for ''grant that
committee access to defense requirement surveys''.
Subsec. (d). Pub. L. 99-83, 114(a)(3), added subsec. (d).
Committee on International Relations of House of Representatives
changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House
Resolution 89, 96th Congress.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
22 USC 2767. Authority of President to enter into cooperative projects
with friendly foreign countries
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authority of President
The President may enter into a cooperative project agreement with the
North Atlantic Treaty Organization or with one or more member countries
of that Organization.
(b) Definitions
As used in this section --
(1) the term ''cooperative project'', in the case of an agreement
with the North Atlantic Treaty Organization or with one or more member
countries of that Organization, means a jointly managed arrangement,
described in a written agreement among the parties, which is undertaken
in order to further the objectives of standardization, rationalization,
and interoperability of the armed forces of North Atlantic Treaty
Organization member countries and which provides --
(A) for one or more of the other participants to share with the
United States the costs of research on and development, testing,
evaluation, or joint production (including follow-on support) of certain
defense articles;
(B) for concurrent production in the United States and in another
member country of a defense article jointly developed in accordance with
subparagraph (A); or
(C) for procurement by the United States of a defense article or
defense service from another member country or for procurement by the
United States of munitions from the North Atlantic Treaty Organization
or a subsidiary of such organization;
(2) the term ''cooperative project'', in the case of an agreement
entered into under subsection (j) of this section, means a jointly
managed arrangement, described in a written agreement among the parties,
which is undertaken in order to enhance the ongoing multinational effort
of the participants to improve the conventional defense capabilities of
the participants and which provides --
(A) for one or more of the other participants to share with the
United States the costs of research on and development, testing,
evaluation, or joint production (including follow-on support) of certain
defense articles;
(B) for concurrent production in the United States and in the country
of another participant of a defense article jointly developed in
accordance with subparagraph (A); or
(C) for procurement by the United States of a defense article or
defense service from another participant to the agreement; and
(3) the term ''other participant'' means a participant in a
cooperative project other than the United States.
(c) Agreements for equitable share of costs; limiting nature of
agreements
Each agreement for a cooperative project shall provide that the
United States and each of the other participants will contribute to the
cooperative project its equitable share of the full cost of such
cooperative project and will receive an equitable share of the results
of such cooperative project. The full costs of such cooperative project
shall include overhead and administrative costs. The United States and
the other participants may contribute their equitable shares of the full
cost of such cooperative project in funds or in defense articles or
defense services needed for such cooperative project. Military
assistance and financing received from the United States Government may
not be used by any other participant to provide its share of the cost of
such cooperative project. Such agreements shall provide that no
requirement shall be imposed by a participant for worksharing or other
industrial or commercial compensation in connection with such agreement
that is not in accordance with such agreement.
(d) Contractual or other obligation; preconditions
The President may enter into contracts or incur other obligations for
a cooperative project on behalf of the other participants, without
charge to any appropriation or contract authorization, if each of the
other participants in the cooperative project agrees (1) to pay its
equitable share of the contract or other obligation, and (2) to make
such funds available in such amounts and at such times as may be
required by the contract or other obligation and to pay any damages and
costs that may accrue from the performance of or cancellation of the
contract or other obligation in advance of the time such payments,
damages, or costs are due.
(e) Waiver of charges; administrative surcharges
(1) For those cooperative projects entered into on or after the
effective date /1/ of the International Security and Development
Cooperation Act of 1985, the President may reduce or waive the charge or
charges which would otherwise be considered appropriate under section
2761(e) of this title in connection with sales under sections 2761 and
2762 of this title when such sales are made as part of such cooperative
project, if the other participants agree to reduce or waive
corresponding charges.
(2) Notwithstanding provisions of section 2761(e)(1)(A) and section
2792(b) of this title, administrative surcharges shall not be increased
on other sales made under this chapter in order to compensate for
reductions or waivers of such surcharges under this section. Funds
received pursuant to such other sales shall not be available to
reimburse the costs incurred by the United States Government for which
reduction or waiver is approved by the President under this section.
(f) Transmission of numbered certification to Congress respecting
proposed agreement; contents
Not less than 30 days before a cooperative project agreement is
signed on behalf of the United States, the President shall transmit to
the Speaker of the House of Representatives, the chairman of the
Committee on Foreign Relations of the Senate, and the chairman of the
Committee on Armed Services of the Senate, a numbered certification with
respect to such proposed agreement, setting forth --
(1) a detailed description of the cooperative project with respect to
which the certification is made;
(2) an estimate of the quantity of the defense articles expected to
be produced in furtherance of such cooperative project;
(3) an estimate of the full cost of the cooperative project, with an
estimate of the part of the full cost to be incurred by the United
States Government, including an estimate of the costs as a result of
waivers of section /2/ 2761(e)(1)(A) and 2792(b) of this title, for its
participation in such cooperative project and an estimate of that part
of the full costs to be incurred by the other participants;
(4) an estimate of the dollar value of the funds to be contributed by
the United States and each of the other participants on behalf of such
cooperative project;
(5) a description of the defense articles and defense services
expected to be contributed by the United States and each of the other
participants on behalf of such cooperative project;
(6) a statement of the foreign policy and national security benefits
anticipated to be derived from such cooperative project; and
(7) to the extent known, whether it is likely that prime contracts
will be awarded to particular prime contractors or that subcontracts
will be awarded to particular subcontractors to comply with the proposed
agreement.
(g) Reporting and certification requirements applicable
In the case of a cooperative project with a North Atlantic Treaty
Organization country, section, /3/ 2776(b) of this title shall not apply
to sales made under section 2761 or 2762 of this title and to production
and exports made pursuant to cooperative projects under this section,
and section 2776(c) of this title shall not apply to the issuance of
licenses or other approvals under section 2778 of this title, if such
sales are made, such production and exports ensue, or such licenses or
approvals are issued, as part of a cooperative project.
(h) Statutory provisions applicable to sales
The authority under this section is in addition to the authority
under sections 2761 and 2762 of this title and under any other provision
of law.
(i) Agreements entered into before October 1, 1985
(1) With the approval of the Secretary of State and the Secretary of
Defense, a cooperative agreement which was entered into by the United
States before the effective date /4/ of the amendment to this section
made by the International Security and Development Cooperation Act of
1985 and which meets the requirements of this section as so amended may
be treated on and after such date as having been made under this section
as so amended.
(2) Notwithstanding the amendment made /5/ to this section made by
the International Security and Development Cooperation Act of 1985,
projects entered into under the authority of this section before the
effective date /4/ of that amendment may be carried through to
conclusion in accordance with the terms of this section as in effect
immediately before the effective date /4/ of that amendment.
(j) Cooperative project agreements with friendly foreign countries
not members of NATO; reporting requirements
(1) The President may enter into a cooperative project agreement with
any friendly foreign country not a member of the North Atlantic Treaty
Organization under the same general terms and conditions as the
President is authorized to enter into such an agreement with one or more
member countries of the North Atlantic Treaty Organization if the
President determines that the cooperative project agreement with such
country would be in the foreign policy or national security interests of
the United States.
(2) Not later than January 1 of each year, the President shall submit
to the Committees on Armed Services and Foreign Relations of the Senate
and to the Committees on Armed Services and Foreign Affairs of the House
of Representatives a report specifying (A) the countries eligible for
participation in such a cooperative project agreement under this
subsection, and (B) the criteria used to determine the eligibility of
such countries.
(Pub. L. 90-629, ch. 2, 27, as added Pub. L. 96-92, 15, Oct. 29,
1979, 93 Stat. 706, and amended Pub. L. 99-83, title I, 115(a), Aug. 8,
1985, 99 Stat. 199; Pub. L. 99-145, title XI, 1102(a)(1), (5), Nov. 8,
1985, 99 Stat. 708, 710; Pub. L. 99-661, div. A, title XI, 1103(a),
title XIII, 1342(e), Nov. 14, 1986, 100 Stat. 3962, 3991; Pub. L.
100-180, div. A, title X, 1022, Dec. 4, 1987, 101 Stat. 1144.)
The effective date of the International Security and Development
Cooperation Act of 1985 and the effective date of the amendment to this
section made by the International Security and Development Cooperation
Act of 1985, referred to in subsecs. (e)(1) and (i), respectively, is
October 1, 1985, see section 1301 of Pub. L. 99-83, set out as an
Effective Date of 1985 Amendment note under section 2151-1 of this
title.
The amendment made to this section made by the International Security
and Development Cooperation Act of 1985, referred to in subsec. (i),
means the general amendment of this section by section 115(a) of Pub.
L. 99-83. See 1985 Amendment note below.
1987 -- Subsec. (b)(1)(C). Pub. L. 100-180 inserted ''or for
procurement by the United States of munitions from the North Atlantic
Treaty Organization or a subsidiary of such organization'' after
''member country''.
1986 -- Pub. L. 99-661, 1342(e), repealed section 1102(a)(1) of Pub.
L. 99-145 and the amendments made by that section, and provided that
this section shall apply as if that section had never been enacted. See
1985 Amendments note below.
Pub. L. 99-661, 1103(a)(2), substituted ''Authority of President to
enter into cooperative projects with friendly foreign countries'' for
''North Atlantic Treaty Organization cooperative projects'' in section
catchline.
Subsec. (b)(1). Pub. L. 99-661, 1103(a)(1)(A)(i), inserted '', in the
case of an agreement with the North Atlantic Treaty Organization or with
one or more member countries of that Organization,'' in introductory
provisions.
Subsec. (b)(2), (3). Pub. L. 99-661, 1103(a)(1)(A)(ii)-(iv), added
par. (2) and redesignated former par. (2) as (3).
Subsec. (f)(3). Pub. L. 99-661, 1103(a)(1)(B), inserted '', including
an estimate of the costs as a result of waivers of section 2761(e)(1)(A)
and 2792(b) of this title,''.
Subsec. (g). Pub. L. 99-661, 1103(a)(1)(C), substituted ''In the case
of a cooperative project with a North Atlantic Treaty Organization
country, section,'' for ''Section''.
Subsec. (j). Pub. L. 99-661, 1103(a)(1)(D), added subsec. (j).
1985 -- Pub. L. 99-83 amended section generally, substituting in
subsec. (a) provisions relating to authority of the President, for
provisions defining ''cooperative project'', substituting in subsec.
(b) provisions defining ''cooperative project'' and ''other
participant'', for provisions relating to reduction or waiver of
charges, sales not subject to compensatory increases in administrative
surcharges, and contribution requirements, substituting in subsec. (c)
provisions relating to agreements for equitable share of costs and
limiting the nature of such agreements, for provisions relating to
transmission of numbered certification of proposed agreement, contents
of such certification, and statutory provisions applicable to sales, and
adding subsecs. (d) to (i).
Pub. L. 99-145, 1102(a)(1), which enacted a general amendment of this
section similar to that provided in Pub. L. 99-83 was repealed. See
1986 Amendments note above and former section 1105(a)(5) of Pub. L.
99-145 set out as a Repeals; Effective Date note under section 2752 of
this title.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Functions of President under this section delegated to Secretary of
Defense, with Secretary of Defense required to consult with Secretary of
State in implementing delegated functions, by section 1(f) of Ex. Ord.
No. 11958, Jan. 18, 1977, 42 F.R. 4311, as amended, set out as a note
under section 2751 of this title.
/1/ See References in Text note below.
/2/ So in original. Probably should be ''sections''.
/3/ So in original. The comma probably should not appear.
/4/ See References in Text note below.
/5/ So in original. The word ''made'' probably should not appear.
22 USC 2767a. Repealed. Pub. L. 101-189, div. A, title IX, 931(d)( 2),
Nov. 29, 1989, 103 Stat. 1535
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 99-661, div. A, title XI, 1105, Nov. 14, 1986,
100 Stat. 3965; Pub. L. 100-456, div. A, title X, 1007, Sept. 29,
1988, 102 Stat. 2040, related to cooperative research and development
with major non-NATO allies. See section 2350a of Title 10, Armed
Forces.
22 USC 2768. Reports on price and availability estimates
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Estimates to foreign countries respecting defense articles or
services
The President shall transmit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate, within fifteen days after the end of each calendar
quarter, a report listing each price and availability estimate provided
by the United States Government during such quarter to a foreign country
with respect to a possible sale under this chapter of major defense
equipment for $7,000,000 or more, of any other defense articles or
defense services for $25,000,000 or more, or of any Air-to-Ground or
Ground-to-Air missiles, or associated launchers (without regard to the
amount of the possible sale),. /1/ Each such listing shall specify the
name of the country to which the estimate was provided, the defense
articles or services involved, the quantity involved, and the price
estimate provided.
(b) Requests from foreign countries respecting offers to sell defense
articles or services
Such reports shall also list each request received by the United
States Government from a foreign country, during the quarter in
question, for the issuance of a letter of offer to sell defense articles
or defense services if (1) the proposed sale has not been the subject of
a listing pursuant to subsection (a) of this section, and (2) the
request involves a proposed sale of major defense equipment for
$7,000,000 or more, of any other defense articles or defense services
for $25,000,000 or more, or of any Air-to-Ground or Ground-to-Air
missiles or associated launchers (without regard to the amount of the
proposed sale),. /1/ Each such listing shall include the name of the
country making the request, the date of the request, the defense
articles or services involved, the quantity involved, and the price and
availability terms requested.
(Pub. L. 90-629, ch. 2, 28, as added Pub. L. 96-92, 16(a), Oct. 29,
1979, 93 Stat. 708, and amended Pub. L. 97-113, title I, 101(b), Dec.
29, 1981, 95 Stat. 1520; Pub. L. 100-461, title V, 588(a), Oct. 1,
1988, 102 Stat. 2268-51.)
1988 -- Subsec. (a). Pub. L. 100-461, 588(a)(1), substituted comma
for ''or'' after ''$7,000,000 or more'' and inserted '', or of any
Air-to-Ground or Ground-to-Air missiles, or associated launchers
(without regard to the amount of the possible sale),'' after
''$25,000,000 or more''.
Subsec. (b). Pub. L. 100-461, 588(a)(2), substituted comma for ''or''
after ''$7,000,000 or more'' and inserted '', or of any Air-to-Ground or
Ground-to-Air missiles or associated launchers (without regard to the
amount of the proposed sale),'' after ''$25,000,000 or more''.
1981 -- Subsec. (a). Pub. L. 97-113, 101(b)(1), increased time for
transmission of report from five to fifteen days after the end of the
calendar quarter.
Subsec. (b). Pub. L. 97-113, 101(b)(2), substituted ''the request
involves a proposed sale of major defense equipment for $7,000,000 or
more or of any other defense articles or defense services for
$25,000,000 or more'' for ''the issuance of a letter of offer in
accordance with such request would be subject to the requirements of
section 2776(b) of this title''.
Functions of President under this section delegated to Secretary of
Defense by section 1(f) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R.
4311, as amended, set out as a note under section 2751 of this title.
/1/ So in original.
22 USC SUBCHAPTER II-A -- FOREIGN MILITARY CONSTRUCTION SALES
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2769. Foreign military construction sales
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President may sell design and construction services to any
eligible foreign country or international organization if such country
or international organization agrees to pay in United States dollars not
less than the full cost to the United States Government of furnishing
such services. Payment shall be made to the United States Government in
advance of the performance of such services by officers or employees of
the United States Government. The President may, without requirement
for charge to any appropriation or contract authorization otherwise
provided, enter into contracts for the procurement of design and
construction services for sale under this section if such country or
international organization provides the United States Government with a
dependable undertaking (1) to pay the full amount of such contract which
will assure the United States Government against any loss on the
contract, and (2) to make funds available in such amounts and at such
time as may be required to meet the payments required by the contract
and any damages and costs that may accrue from the cancellation of such
contract, in advance of the time such payments, damages, or costs are
due.
(Pub. L. 90-629, ch. 2A, 29, as added Pub. L. 96-533, title I, 105(
a), Dec. 16, 1980, 94 Stat. 3133.)
Functions of President under this section delegated to Secretary of
Defense by section 1(d) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R.
4311, as amended, set out as a note under section 2751 of this title.
22 USC SUBCHAPTER II-B -- SALES TO UNITED STATES COMPANIES FOR
INCORPORATION INTO END ITEMS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2770. General authority
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Sale of defense articles and services by President to United
States companies; restriction on performance of services;
reimbursement credited to selling agency
Subject to the conditions specified in subsection (b) of this
section, the President may, on a negotiated contract basis, under cash
terms (1) sell defense articles at not less than their estimated
replacement cost (or actual cost in the case of services), or (2)
procure or manufacture and sell defense articles at not less than their
contract or manufacturing cost to the United States Government, to any
United States company for incorporation into end items (and for
concurrent or follow-on support) to be sold by such a company either (i)
on a direct commercial basis to a friendly foreign country or
international organization pursuant to an export license or approval
under section 2778 of this title or (ii) in the case of ammunition parts
subject to subsection (b) of this section, using commercial practices
which restrict actual delivery directly to a friendly foreign country or
international organization pursuant to approval under section 2778 of
this title. The President may also sell defense services in support of
such sales of defense articles, subject to the requirements of this
chapter: Provided, however, That such services may be performed only in
the United States. The amount of reimbursement received from such sales
shall be credited to the current applicable appropriation, fund, or
account of the selling agency of the United States Government.
(b) Conditions of sale
Defense articles and defense services may be sold, procured and sold,
or manufactured and sold, pursuant to subsection (a) of this section
only if (1) the end item to which the articles apply is to be procured
for the armed forces of a friendly country or international
organization, (2) the articles would be supplied to the prime contractor
as government-furnished equipment or materials if the end item were
being procured for the use of the United States Armed Forces, and (3)
the articles and services are available only from United States
Government sources or are not available to the prime contractor directly
from United States commercial sources at such times as may be required
to meet the prime contractor's delivery schedule.
(c) ''Defense articles'' and ''defense services'' defined
For the purpose of this section, the terms ''defense articles'' and
''defense services'' mean defense articles and defense services as
defined in section 2794(3) and (4) of this title.
(Pub. L. 90-629, ch. 2B, 30, as added Pub. L. 97-392, 1, Dec. 29,
1982, 96 Stat. 1962, and amended Pub. L. 101-165, title IX, 9097, Nov.
21, 1989, 103 Stat. 1150.)
1989 -- Subsec. (a). Pub. L. 101-165 inserted ''either (i)'' after
''such a company'' in first sentence and inserted before period at end
of first sentence ''or (ii) in the case of ammunition parts subject to
subsection (b) of this section, using commercial practices which
restrict actual delivery directly to a friendly foreign country or
international organization pursuant to approval under section 2778 of
this title''.
Functions of President under this section delegated to Secretary of
Defense by section 1(d) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R.
4311, as amended, set out as a note under section 2751 of this title.
22 USC SUBCHAPTER II-C -- EXCHANGE OF TRAINING AND RELATED SUPPORT
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2770a. Exchange of training and related support
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization; eligibility; scope
Subject to subsection (b) of this section, the President may provide
training and related support to military and civilian defense personnel
of a friendly foreign country or an international organization. Such
training and related support shall be provided by a Secretary of a
military department and may include the provision of transportation,
food services, health services, and logistics and the use of facilities
and equipment.
(b) Reciprocal arrangements; reimbursement
Training and related support may be provided under this section only
pursuant to an agreement or other arrangement providing for the
provision by the recipient foreign country or international
organization, on a reciprocal basis, of comparable training and related
support to military and civilian personnel under the jurisdiction of the
Secretary of the military department providing the training and related
support under this section. Such reciprocal training and related
support must be provided within a reasonable period of time (which may
not be more than one year) of the provision of training and related
support by the United States. To the extent that a foreign country or
international organization to which training and related support is
provided under this section does not provide such comparable training
and related support to the United States within a reasonable period of
time, that country or international organization shall be required to
reimburse the United States for the full costs of the training and
related support provided by the United States.
(c) Regulations
Training and related support under this section shall be provided
under regulations prescribed by the President.
(d) Report to Congress
Not later than February 1 of each year, the President shall submit to
the Congress a report on the activities conducted pursuant to this
section during the preceding fiscal year, including the estimated full
costs of the training and related support provided by the United States
to each country and international organization and the estimated value
of the training and related support provided to the United States by
that country or international organization.
(Pub. L. 90-629, ch. 2C, 30A, as added Pub. L. 99-83, title I, 116,
Aug. 8, 1985, 99 Stat. 201.)
Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-83,
set out as an Effective Date of 1985 Amendment note under section 2151-1
of this title.
Functions of President under this section delegated to Secretary of
Defense by section 1(d) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R.
4311, as amended, set out as a note under section 2751 of this title.
22 USC SUBCHAPTER III -- MILITARY EXPORT CONTROLS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2771. Military sales authorizations and ceilings
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization for foreign military sales credit and guarantee
program
There are authorized to be appropriated to the President to carry out
this chapter $5,371,000,000 for fiscal year 1986 and $5,371,000,000 for
fiscal year 1987. Credits may not be extended under section 2763 of
this title in an amount, and loans may not be guaranteed under section
2764(a) of this title in a principal amount, which exceeds any maximum
amount which may be established with respect to such credits or such
loan guarantees in legislation appropriating funds to carry out this
chapter. Unobligated balances of funds made available pursuant to this
section are hereby authorized to be continued available by
appropriations legislation to carry out this chapter.
(b) Aggregate ceilings on credit sales; availability at concessional
rates of interest
(1) The total amount of credits extended under section 2763 of this
title shall not exceed $5,371,000,000 for fiscal year 1986 and
$5,371,000,000 for fiscal year 1987.
(2) Of the aggregate amount of financing provided under this section,
not more than $553,900,000 for fiscal year 1986 and not more than
$553,900,000 for fiscal year 1987 may be made available at concessional
rates of interest. If a country is released from its contractual
liability to repay the United States Government with respect to
financing provided under this section, such financing shall not be
considered to be financing provided at concessional rates of interest
for purposes of the limitation established by this paragraph.
(c) Extended repayment terms
For fiscal year 1986 and fiscal year 1987, the principal amount of
credits provided under section 2763 of this title at market rates of
interest with respect to Greece, the Republic of Korea, the Philippines,
Portugal, Spain, Thailand, and Turkey shall (if and to the extent each
country so desires) be repaid in not more than twenty years, following a
grace period of ten years on repayment of principal.
(d) Aggregate acquisition cost ceiling for ordered excess defense
articles
The aggregate acquisition cost to the United States of excess defense
articles ordered by the President in any fiscal year after fiscal year
1976 for delivery to foreign countries or international organizations
under the authority of chapter 2 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2311) or pursuant to sales under this chapter may
not exceed $250,000,000 (exclusive of ships and their onboard stores and
supplies transferred in accordance with law, and of any defense articles
with respect to which the President submits a certification under
section 2776(b) of this title.). /1/
(Pub. L. 90-629, ch. 3, 31, Oct. 22, 1968, 82 Stat. 1324; Pub. L.
91-672, 2, Jan. 12, 1971, 84 Stat. 2053; Pub. L. 92-226, pt. IV, 401(
a), (b), Feb. 7, 1972, 86 Stat. 32; Pub. L. 93-189, 25(5), (6), Dec.
17, 1973, 87 Stat. 730; Pub. L. 93-559, 45(a)(6), (7), Dec. 30, 1974,
88 Stat. 1815; Pub. L. 94-329, title II, 210(a)-(c)(1), June 30, 1976,
90 Stat. 740; Pub. L. 95-92, 19, Aug. 4, 1977, 91 Stat. 623; Pub. L.
95-384, 20, Sept. 26, 1978, 92 Stat. 741; Pub. L. 96-92, 17(a), Oct.
29, 1979, 93 Stat. 708; Pub. L. 96-533, title I,
104(d), 105(b)(3), 106(a)-(c), Dec. 16, 1980, 94 Stat. 3133-3136;
Pub. L. 97-113, title I, 105, Dec. 29, 1981, 95 Stat. 1521; Pub. L.
98-151, 101(b)(2), Nov. 14, 1983, 97 Stat. 969, 970; Pub. L. 99-83,
title I, 101(a), (b), Aug. 8, 1985, 99 Stat. 193; Pub. L. 101-513,
title V, 596(c), Nov. 5, 1990, 104 Stat. 2062.)
The Foreign Assistance Act of 1961, referred to in subsec. (d), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 2 of
part II of the Foreign Assistance Act of 1961, is classified generally
to part 2 of subchapter II ( 2311 et seq.) of chapter 32 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
1990 -- Subsec. (d). Pub. L. 101-513 inserted '', and of any defense
articles with respect to which the President submits a certification
under section 2776(b) of this title.'' after ''law''.
1985 -- Subsec. (a). Pub. L. 99-83, 101(a), substituted provisions
authorizing appropriations of $5,371,000,000 for fiscal years 1986 and
1987, for provisions authorizing appropriations of $800,000,000 for
fiscal years 1982 and 1983.
Subsec. (b). Pub. L. 99-83, 101(b), amended subsec. (b) generally,
substituting provisions relating to maximum amount of credits authorized
for fiscal years 1986 and 1987 and maximum amounts of such credits
available at concessional rates of interest for such years, for
provisions relating to maximum amounts of credits (or participations in
credits) and loans guaranteed for fiscal years 1982 and 1983, and
credit, etc., programs with respect to specific countries.
Subsec. (c). Pub. L. 99-83, 101(b), amended subsec. (c) generally,
substituting provisions relating to extended repayment terms for credits
provided for fiscal years 1986 and 1987, for provisions relating to
funds made available for fiscal year 1984 to finance procurement of
defense articles, etc., by Israel.
1983 -- Subsec. (b)(3). Pub. L. 98-151 amended par. (3) generally,
substituting provisions authorizing not less than $1,700,000,000 for
fiscal year 1984 as available to Israel, of which not less than
$850,000,000 shall be available as credits under section 2763 of this
title, and provisions relating to availability of funds part of the
total aggregate credit ceiling made available to Israel, for provisions
authorizing not less than $1,400,000,000 for the fiscal years 1982 and
1983 as available to Israel, of which not less than $550,000,000 for
each year shall be available as credits.
Subsec. (b)(5). Pub. L. 98-151 substituted ''1984'' for ''1982 and
for the fiscal year 1983''.
Subsec. (b)(6). Pub. L. 98-151 amended par. (6) generally, inserting
provisions relating to availability to Egypt for fiscal year 1984 of not
less than $900,000,000 of the total principal amount of loans
guaranteed, and substituting provisions authorizing not less than
$465,000,000 for fiscal year 1984, for provisions authorizing not less
than $200,000,000 for fiscal years 1982 and 1983.
Subsec. (c). Pub. L. 98-151 substituted provisions relating to
applicability to fiscal year 1984, for provisions relating to
applicability to fiscal years 1982 and 1983, and substituted
''$850,000,000'' for ''$550,000,000''.
1981 -- Subsec. (a). Pub. L. 97-113, 105(a), substituted
''$800,000,000 for the fiscal year 1982 and $800,000,000 for the fiscal
year 1983'' for ''$500,000,000 for the fiscal year 1981''.
Subsec. (b). Pub. L. 97-113, 105(b), prescribed in par. (1)
$800,000,000 limit on credits for fiscal years 1982 and 1983, striking
out $500,000,000 limit for fiscal year 1981, in par. (2) $3,269,525,000
limit on total principal amount of guaranteed loans for fiscal years
1982 and 1983, striking out $2,616,000,000 limit for fiscal year 1981,
and in par. (3) $1,400,000,000 minimum for Israel in fiscal years 1982
and 1983, the same sum made available for fiscal year 1981, including
requirement of $550,000,000 minimum of such funds for such fiscal years
as credits under section 2763 of this title, striking out requirement
for Israeli use of $200,000,000 of available funds only for relocation
costs from the Sinai, and added pars. (4) to (7).
Subsec. (c). Pub. L. 97-113, 105(c)(1)-(3), substituted ''fiscal year
1982 and for the fiscal year 1983'' for ''fiscal year 1981'',
''$550,000,000'' for ''$500,000,000'', and ''each such year'' for ''such
year''.
1980 -- Subsec. (a). Pub. L. 96-533, 104(d), 106(a), placed a limit
on extension of credits and loan guaranties not to exceed amount
established in appropriation of funds to carry out this chapter and
substituted ''$500,000,000 for the fiscal year 1981'' for ''$673,500,000
for the fiscal year 1980''.
Subsec. (b). Pub. L. 96-533, 106(b), in revising subsec. (b),
substituted par. (1) and (2) limits on amount of credits or
participations in credits and loan guaranties for fiscal year 1981 in
amounts of $500,000,000 and $2,616,000,000 for prior combined sum
limited to $2,235,000,000 for fiscal year 1980 and substituted par. (3)
earmarking minimum of $1,400,000,000 only for Israel for fiscal year
1981, including availability of $200,000,000 for costs associated with
relocation of Israeli forces from the Sinai for prior prescription of
minimum sum of $1,000,000,000 as available only for Israel.
Subsec. (c). Pub. L. 96-533, 105(b)(3), 106(c), substituted ''defense
articles, defense services, and design and construction services'' for
''defense articles and defense services'' in two places, ''1981'' for
''1980'' in two places, and ''$500,000,000'' for ''one-half''.
1979 -- Subsec. (a). Pub. L. 96-92, 17(a)(1), substituted
''$673,500,000 for the fiscal year 1980'' for ''$682,000,000 for the
fiscal year 1978 and $674,300,000 for the fiscal year 1979''.
Subsec. (b). Pub. L. 96-92, 17(a)(2), substituted ''$2,235,000,000
for the fiscal year 1980, of which'' for ''$2,152,350,000 for the fiscal
year 1978 and $2,085,500,000 for the fiscal year 1979, of which amount
for each such year''.
Subsec. (c). Pub. L. 96-92, 17(a)(3), substituted ''fiscal year
1980'' for ''fiscal year 1979''.
Subsec. (d). Pub. L. 96-92, 17(a)(4), substituted ''$250,000,000''
for ''$150,000,000''.
1978 -- Subsec. (a). Pub. L. 95-384, 20(a), substituted
''$682,000,000 for the fiscal year 1978 and $674,300,000 for the fiscal
year 1979'' for ''$677,000,000 for the fiscal year 1978''.
Subsec. (b). Pub. L. 95-384, 20(b), substituted ''$2,152,350,000 for
the fiscal year 1978 and $2,085,500,000 for the fiscal year 1979, of
which amount for each such year'' for ''$2,102,350,000 for the fiscal
year 1978, of which''.
Subsec. (c). Pub. L. 95-384, 20(c), substituted ''fiscal year 1979''
for ''fiscal year 1978''.
Subsec. (d). Pub. L. 95-384, 20(d), substituted ''$150,000,000'' for
''$100,000,000''.
1977 -- Subsec. (a). Pub. L. 95-92, 19(1), substituted
''$677,000,000 for the fiscal year 1978'' for ''$1,039,000,000 for the
fiscal year 1976 and not to exceed $740,000,000 for the fiscal year
1977''.
Subsec. (b). Pub. L. 95-92, 19(2), substituted ''$2,102,350,000 for
the fiscal year 1978'' for ''$2,374,700,000 for the fiscal year 1976, of
which not less than $1,500,000,000 shall be available only for Israel,
and shall not exceed $2,022,100,000 for the fiscal year 1977''.
Subsec. (c). Pub. L. 95-92, 19(3), substituted ''year 1978'' for
''years 1976 and 1977'' and struck out ''each'' before ''such year''.
1976 -- Subsec. (a). Pub. L. 94-329, 210(a), substituted provisions
authorizing appropriations not to exceed $1,039,000,000 for the fiscal
year 1976 and not to exceed $740,000,000 for the fiscal year 1977, for
provisions authorizing appropriations not to exceed $405,000,000 for the
fiscal year 1975.
Subsec. (b). Pub. L. 94-329, 210(b), substituted provisions setting
out the foreign military sales credit ceiling of $2,374,700,000 for the
fiscal year 1976, of which not less than $1,500,000,000 shall be
available only for Israel, and $2,022,100,000 for the fiscal year 1977,
of which not less than $1,000,000,000 shall be available only for
Israel, for provisions setting out such ceiling of $872,500,000 for the
fiscal year 1975, of which amount not less than $300,000,000 shall be
available to Israel only, and struck out provisions relating to
obligation of $100,000,000 for financing procurement of defense articles
and services by Israel and for release of Israel from contractual
liability to repay United States Government for the defense article and
services so financed.
Subsecs. (c), (d). Pub. L. 94-329, 210(c)(1), added subsecs. (c) and
(d).
1974 -- Subsec. (a). Pub. L. 93-559, 45(a)(6), substituted
''$405,000,000 for the fiscal year 1975'' for ''$325,000,000 for the
fiscal year 1974''.
Subsec. (b). Pub. L. 93-559, 45(a)(7), substituted ''$872,500,000 for
the fiscal year 1975'' for ''$730,000,000 for the fiscal year 1974'' and
provided for obligation of $100,000,000 for financing procurement of
defense articles and defense services by Israel and for release of
Israel from contractual liability to repay the United States Government
for the defense articles and defense services so financed.
1973 -- Subsec. (a). Pub. L. 93-189, 25(5), substituted provision
authorizing appropriation of not more than $325,000,000 for the fiscal
year 1974, for provision authorizing appropriation of not more than
$400,000,000 for the fiscal year 1972.
Subsec. (b). Pub. L. 93-189, 25(6), substituted provisions setting
out the foreign military sales credit ceiling of $730,000,000 for the
fiscal year 1974, of which amount not less than $300,000,000 shall be
made available to Israel, for provisions setting out such ceiling of
$550,000,000 for the fiscal year 1972, of which amount not less than
$300,000,000 shall be made available to Israel, and such amount to
exclude credits covered by guaranties issued under section 2764(b) of
this title.
1972 -- Subsec. (a). Pub. L. 92-226, 401(a), substituted provision
authorizing appropriation of not more than $400,000,000 for the fiscal
year 1972, for provisions authorizing appropriation of not more than
$250,000,000 for each of the fiscal years 1970 and 1971.
Subsec. (b). Pub. L. 92-226, 401(b), substituted provisions setting
out the foreign military sales credit ceiling of $550,000,000 for the
fiscal year 1972, of which amount not less than $300,000,000 shall be
made available to Israel, for provisions setting out such ceiling of
$340,000,000 for the fiscal years 1970 and 1971.
1971 -- Subsec. (a). Pub. L. 91-672, 2(1), substituted provisions
authorizing appropriation of not more than $250,000,000 for each of the
fiscal years 1970 and 1971 for provisions authorizing appropriation of
not more than $296,000,000 for the fiscal year 1969.
Subsec. (b). Pub. L. 91-672, 2(2), substituted provisions setting out
the foreign military sales credit ceiling of $340,000,000 for the fiscal
years 1970 and 1971 for provisions setting out such ceiling of
$296,000,000 for the fiscal year 1969.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Repayment of Principal
Section 17(b) of Pub. L. 96-92 provided that: ''Of the principal
amount of loans guaranteed for the fiscal year 1980 under section 24 of
the Arms Export Control Act (section 2764 of this title) --
''(1) with respect to Turkey, not to exceed $50,000,000,
''(2) with respect to Greece, not to exceed $42,000,000, and
''(3) with respect to Sudan, not to exceed $25,000,000,
shall be repaid in not less than 20 years, following a grace period
of 10 years on repayment of principal.''
/1/ So in original. The period after ''title'' probably should not
appear.
22 USC 2772. Prohibition against certain military export financing by
Export-Import Bank
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Notwithstanding any other provision of law, no funds or borrowing
authority available to the Export-Import Bank of the United States shall
be used by such Bank to participate in any extension of credit in
connection with any agreement to sell defense articles and defense
services entered into with any economically less developed country after
June 30, 1968.
(Pub. L. 90-629, ch. 3, 32, Oct. 22, 1968, 82 Stat. 1325.)
22 USC 2773. Restraint in arms sales to Sub-Saharan Africa
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
It is the sense of the Congress that the problems of Sub-Saharan
Africa are primarily those of economic development and that United
States policy should assist in limiting the development of costly
military conflict in that region. Therefore, the President shall
exercise restraint in selling defense articles and defense services, and
in providing financing for sales of defense articles and defense
services, to countries in Sub-Saharan Africa.
(Pub. L. 90-629, ch. 3, 33, Oct. 22, 1968, 82 Stat. 1325; Pub. L.
91-672, 3, Jan. 12, 1971, 84 Stat. 2053; Pub. L. 92-226, pt. IV, 401(
c), (d), Feb. 7, 1972, 86 Stat. 32; Pub. L. 93-189, 25(7)-(9), Dec.
17, 1973, 87 Stat. 731; Pub. L. 93-559, 45(a)(8), Dec. 30, 1974, 88
Stat. 1815; Pub. L. 96-92, 18, Oct. 29, 1979, 93 Stat. 709.)
1979 -- Pub. L. 96-92 substituted provisions respecting restraint in
arms sales to Sub-Saharan Africa for provisions imposing regional
ceilings on foreign military sales to African countries and Presidential
waiver and report thereof to Congress.
1974 -- Subsec. (a). Pub. L. 93-559, 45(a)(8)(A), (B), repealed
subsec. (a) which prescribed a ceiling of $150,000,000 in each fiscal
year on the total amount of military assistance, credits, participations
in credits, guaranteed loans, and loans and sales under section 7307 of
Title 10, for Latin American countries, and redesignated subsec. (b) as
(a).
Subsec. (b). Pub. L. 93-559, 45(a)(8)(B), (C), added subsec. (b) and
redesignated former subsec. (b) as (a).
1973 -- Subsec. (a). Pub. L. 93-189, 25(7), struck out reference to
cash sales pursuant to sections 2761 and 2762 of this title reference to
exclusion of credits covered by guaranties issued under section 2764(b)
of this title, and reference to the face amount of contracts of guaranty
issued under section 2764(a) and (b) of this title, inserted reference
to the principal amount of loans guaranteed under section 2764(a) of
this title, and substituted ''$150,000,000'' for ''$100,000,000''.
Subsec. (b). Pub. L. 93-189, 25(8), struck out reference to cash
sales pursuant to sections 2761 and 2762 of this title, reference to
exclusion of credits covered by guaranties issued under section 2764(b)
of this title, and reference to the face amount of contracts of guaranty
issued under section 2764(a) and (b) of this title, and inserted
reference to the principal amount of loans guaranteed under section
2764(a) of this title.
Subsec. (c). Pub. L. 93-189, 25(9), struck out subsec. (c) which
provided for Presidential waiver of limitations on amounts authorized
under this section and set forth geographical limitations on the
aggregate amounts of military assistance to be made available and
percentage deviations from such ceiling amounts.
1972 -- Subsec. (a). Pub. L. 92-226, 401(c), substituted
''$100,000,000'' for ''$75,000,000''.
Subsec. (c). Pub. L. 92-226, 401(d), substituted provisions for
waiver of limitations when overriding requirements of the national
security of the United States justify waiver for prior provisions for
such a waiver when important to the security of the United States,
required a written report with reasons for findings and statement in
detail of expenditures when in excess of applicable geographical
limitations, and prescribed percentage limitation for exceeding
aggregate of geographical ceiling limitation.
1971 -- Subsec. (a). Pub. L. 91-672, 3(1), made fiscal year 1969
ceiling of $75,000,000 for Latin American countries a continuing ceiling
applicable in each fiscal year.
Subsec. (b). Pub. L. 91-672, 3(2), made fiscal year 1969 ceiling of
$40,000,000 for African countries a continuing ceiling applicable in
each fiscal year.
22 USC 2774. Foreign military sales credit standards
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President shall establish standards and criteria for credit and
guaranty transactions under sections 2763 and 2764 of this title in
accordance with the foreign, national security, and financial policies
of the United States.
(Pub. L. 90-629, ch. 3, 34, Oct. 22, 1968, 82 Stat. 1325.)
Functions of President under this section delegated to Secretary of
State, with prior concurrence of Secretary of Defense and Secretary of
the Treasury required to extent standards and criteria for credit and
guaranty transactions are based upon national security or financial
policies, by section 1(h) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.
R. 4311, as amended, set out as a note under section 2751 of this title.
22 USC 2775. Foreign military sales to less developed countries
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) When the President finds that any economically less developed
country is diverting development assistance furnished pursuant to the
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), or
sales under the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1691 et seq.), to military expenditures, or
is diverting its own resources to unnecessary military expenditures, to
a degree which materially interferes with its development, such country
shall be immediately ineligible for further sales and guarantees under
sections 2761, 2762, 2763, and 2764 of this title, until the President
is assured that such diversion will no longer take place.
(b) Repealed. Pub. L. 93-559, 45(a)(5), Dec. 30, 1974, 88 Stat.
1814.
(Pub. L. 90-629, ch. 3, 35, Oct. 22, 1968, 82 Stat. 1325; Pub. L.
93-559, 45(a)(5), Dec. 30, 1974, 88 Stat. 1814.)
The Foreign Assistance Act of 1961, as amended, referred to in
subsec. (a), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, which is classified principally to chapter 32 ( 2151 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and Tables.
The Agricultural Trade Development and Assistance Act of 1954, as
amended, referred to in subsec. (a), is act July 10, 1954, ch. 469, 68
Stat. 454, as amended, which is classified principally to chapter 41 (
1691 et seq.) of Title 7, Agriculture. For complete classification of
this Act to the Code, see Short Title note set out under section 1691 of
Title 7, and Tables.
1974 -- Subsec. (b). Pub. L. 93-559 repealed subsec. (b) which
provided for Presidential reports to Congress respecting sales and
guaranties to less developed countries.
Functions of President under subsec. (a) of this section delegated
to Secretary of State by section 1(i) of Ex. Ord. No. 11958, Jan. 18,
1977, 42 F.R. 4311, as amended, set out as a note under section 2751 of
this title.
22 USC 2776. Reports and certifications to Congress on military exports
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Report by President; contents
The President shall transmit to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate not more than sixty days after the end of each
quarter an unclassified report (except that any material which was
transmitted in classified form under subsection (b)(1) or (c)(1) of this
section may be contained in a classified addendum to such report, and
any letter of offer referred to in paragraph (1) of this subsection may
be listed in such addendum unless such letter of offer has been the
subject of an unclassified certification pursuant to subsection (b)(1)
of this section, and any information provided under paragraph (11) of
this subsection may also be provided in a classified addendum)
containing --
(1) a listing of all letters of offer to sell any major defense
equipment for $1,000,000 or more under this chapter to each foreign
country and international organization, by category, if such letters of
offer have not been accepted or canceled;
(2) a listing of all such letters of offer that have been accepted
during the fiscal year in which such report is submitted, together with
the total value of all defense articles and defense services sold to
each foreign country and international organization during such fiscal
year;
(3) the cumulative dollar amounts, by foreign country and
international organization, of sales credit agreements under section
2763 of this title and guaranty agreements under section 2764 of this
title made during the fiscal year in which such report is submitted;
(4) a numbered listing of all licenses and approvals for the export
to each foreign country and international organization during such
fiscal year of commercially sold major defense equipment, by category,
sold for $1,000,000 or more, together with the total value of all
defense articles and defense services so licensed for each foreign
country and international organization, setting forth with respect to
the listed major defense equipment --
(A) the items to be exported under the license,
(B) the quantity and contract price of each such item to be
furnished, and
(C) the name and address of the ultimate user of each such item;
(5) projections of the dollar amounts, by foreign country and
international organization, of sales expected to be made under sections
2761 and 2762 of this title in the quarter of the fiscal year
immediately following the quarter for which such report is submitted;
(6) a projection with respect to all sales expected to be made to
each country and organization for the remainder of the fiscal year in
which such report is transmitted;
(7) an estimate of --
(A) the number of United States military personnel, the number of
United States Government civilian personnel, and the number of United
States civilian contract personnel, who were in each foreign country at
the end of that quarter, and
(B) the number of members of each such category of personnel who were
in each foreign country at any time during that quarter,
in implementation of sales and commercial exports under this chapter
or of assistance under chapter 2, 5, 6, or 8 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2311 et seq., 2347 et seq., 2348 et
seq., 2349aa et seq.), including both personnel assigned to the country
and personnel temporarily in the country by detail or otherwise;
(8) a description of each payment, contribution, gift, commission, or
fee reported to the Secretary of State under section 2779 of this title,
including (A) the name of the person who made such payment,
contribution, gift, commission, or fee; (B) the name of any sales agent
or other person to whom such payment, contribution, gift, commission, or
fee was paid; (C) the date and amount of such payment, contribution,
gift, commission, or fee; (D) a description of the sale in connection
with which such payment, contribution, gift, commission, or fee was
paid; and (E) the identification of any business information considered
confidential by the person submitting it which is included in the
report;
(9) a listing of each sale under section 2769 of this title during
the quarter for which such report is made, specifying (A) the purchaser,
(B) the United States Government department or agency responsible for
implementing the sale, (C) an estimate of the dollar amount of the sale,
and (D) a general description of the real property facilities to be
constructed pursuant to such sale;
(10) a listing of the consents to third-party transfers of defense
articles or defense services which were granted, during the quarter for
which such report is submitted, for purposes of section 2753(a)(2) of
this title, the regulations issued under section 2778 of this title, or
section 505(a)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C.
2314(a)(1)(B)), if the value (in terms of original acquisition cost) of
the defense articles or defense services to be transferred is $1,000,000
or more; and
(11) a listing of all munitions items (as defined in section 2780(
l)(1) of this title) which were sold, leased, or otherwise transferred
by the Department of Defense to any other department, agency, or other
entity of the United States Government during the quarter for which such
report is submitted (including the name of the recipient Government
entity and a discussion of what that entity will do with those munitions
items) if --
(A) the value of the munitions items was $250,000 or more; or
(B) the value of all munitions items transferred to that Government
department, agency, or other entity during that quarter was $250,000 or
more;
excluding munitions items transferred (i) for disposition or use
solely within the United States, or (ii) for use in connection with
intelligence activities subject to reporting requirements under title V
of the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to
congressional oversight of intelligence activities).
For each letter of offer to sell under paragraphs (1) and (2), the
report shall specify (i) the foreign country or international
organization to which the defense article or service is offered or was
sold, as the case may be; (ii) the dollar amount of the offer to sell
or the sale and the number of defense articles offered or sold, as the
case may be; (iii) a description of the defense article or service
offered or sold, as the case may be; and (iv) the United States Armed
Force or other agency of the United States which is making the offer to
sell or the sale, as the case may be.
(b) Letter of offer to sell defense articles, services, design and
construction services, or major equipment; submission of numbered
Presidential certification and additional statement; contents;
emergency justification statement; enhancements or upgrades in
sensitivity of technology or capability of major defense articles,
equipment, or services
(1) In the case of any letter of offer to sell any defense articles
or services under this chapter for $50,000,000 or more, any design and
construction services for $200,000,000 or more, or any major defense
equipment for $14,000,000 or more, before such letter of offer is
issued, the President shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a numbered certification with respect to such
offer to sell containing the information specified in clauses (i)
through (iv) of subsection (a) of this section, or (in the case of a
sale of design and construction services) the information specified in
clauses (A) through (D) of paragraph (9) of subsection (a) of this
section, and a description, containing the information specified in
paragraph (8) of subsection (a) of this section, of any contribution,
gift, commission, or fee paid or offered or agreed to be paid in order
to solicit, promote, or otherwise to secure such letter of offer. Such
numbered certifications shall also contain an item, classified if
necessary, identifying the sensitivity of technology contained in the
defense articles, defense services, or design and construction services,
proposed to be sold, and a detailed justification of the reasons
necessitating the sale of such articles or services in view of the
sensitivity of such technology. In addition, the President shall, upon
the request of such committee or the Committee on Foreign Affairs of the
House of Representatives, transmit promptly to both such committees a
statement setting forth, to the extent specified in such request --
(A) a detailed description of the defense articles, defense services,
or design and construction services to be offered, including a brief
description of the capabilities of any defense article to be offered;
(B) an estimate of the number of officers and employees of the United
States Government and of United States civilian contract personnel
expected to be needed in such country to carry out the proposed sale;
(C) the name of each contractor expected to provide the defense
article, defense service, or design and construction service proposed to
be sold (if known on the date of transmittal of such statement);
(D) an evaluation, prepared by the Director of the Arms Control and
Disarmament Agency in consultation with the Secretary of State and the
Secretary of Defense, of the manner, if any, in which the proposed sale
would --
(i) contribute to an arms race;
(ii) support international terrorism;
(iii) increase the possibility of an outbreak or escalation of
conflict;
(iv) prejudice the negotiation of any arms controls; or
(v) adversely affect the arms control policy of the United States;
(E) the reasons why the foreign country or international organization
to which the sale is proposed to be made needs the defense articles,
defense services, or design and construction services which are the
subject of such sale and a description of how such country or
organization intends to use such defense articles, defense services, or
design and construction services;
(F) an analysis by the President of the impact of the proposed sale
on the military stocks and the military preparedness of the United
States;
(G) the reasons why the proposed sale is in the national interest of
the United States;
(H) an analysis by the President of the impact of the proposed sale
on the military capabilities of the foreign country or international
organization to which such sale would be made;
(I) an analysis by the President of how the proposed sale would
affect the relative military strengths of countries in the region to
which the defense articles, defense services, or design and construction
services which are the subject of such sale would be delivered and
whether other countries in the region have comparable kinds and amounts
of defense articles, defense services, or design and construction
services;
(J) an estimate of the levels of trained personnel and maintenance
facilities of the foreign country or international organization to which
the sale would be made which are needed and available to utilize
effectively the defense articles, defense services, or design and
construction services proposed to be sold;
(K) an analysis of the extent to which comparable kinds and amounts
of defense articles, defense services, or design and construction
services are available from other countries;
(L) an analysis of the impact of the proposed sale on United States
relations with the countries in the region to which the defense
articles, defense services, or design and construction services which
are the subject of such sale would be delivered;
(M) a detailed description of any agreement proposed to be entered
into by the United States for the purchase or acquisition by the United
States of defense articles, defense services, design and construction
services, or defense equipment, or other articles, services, or
equipment of the foreign country or international organization in
connection with, or as consideration for, such letter of offer,
including an analysis of the impact of such proposed agreement upon
United States business concerns which might otherwise have provided such
articles, services, or equipment to the United States, an estimate of
the costs to be incurred by the United States in connection with such
agreement compared with costs which would otherwise have been incurred,
an estimate of the economic impact and unemployment which would result
from entering into such proposed agreement, and an analysis of whether
such costs and such domestic economic impact justify entering into such
proposed agreement;
(N) the projected delivery dates of the defense articles, defense
services, or design and construction services to be offered;
(O) a detailed description of weapons and levels of munitions that
may be required as support for the proposed sale; and
(P) an analysis of the relationship of the proposed sale to projected
procurements of the same item.
A certification transmitted pursuant to this subsection shall be
unclassified, except that the information specified in clause (ii) and
the details of the description specified in clause (iii) of subsection
(a) of this section may be classified if the public disclosure thereof
would be clearly detrimental to the security of the United States. The
letter of offer shall not be issued, with respect to a proposed sale to
the North Atlantic Treaty Organization, any member country of such
Organization, Japan, Australia, or New Zealand, if the Congress, within
fifteen calendar days after receiving such certification, or with
respect to a proposed sale to any other country or organization, if the
Congress within thirty calendar days after receiving such certification,
enacts a joint resolution prohibiting the proposed sale, unless the
President states in his certification that an emergency exists which
requires such sale in the national security interests of the United
States. If the President states in his certification that an emergency
exists which requires the proposed sale in the national security
interest of the United States, thus waiving the congressional review
requirements of this subsection, he shall set forth in the certification
a detailed justification for his determination, including a description
of the emergency circumstances which necessitate the immediate issuance
of the letter of offer and a discussion of the national security
interests involved.
(2) Any such joint resolution shall be considered in the Senate in
accordance with the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976, except that for
purposes of consideration of any joint resolution with respect to the
North Atlantic Treaty Organization, any member country of such
Organization, Japan, Australia, or New Zealand, it shall be in order in
the Senate to move to discharge a committee to which such joint
resolution was referred if such committee has not reported such joint
resolution at the end of five calendar days after its introduction.
(3) For the purpose of expediting the consideration and enactment of
joint resolutions under this subsection, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
(4) In addition to the other information required to be contained in
a certification submitted to the Congress under this subsection, each
such certification shall cite any quarterly report submitted pursuant to
section 2768 of this title which listed a price and availability
estimate, or a request for the issuance of a letter of offer, which was
a basis for the proposed sale which is the subject of such
certification.
(5)(A) If, before the delivery of any major defense article or major
defense equipment, or the furnishing of any defense service or design
and construction service, sold pursuant to a letter of offer described
in paragraph (1), the sensitivity of technology or the capability of the
article, equipment, or service is enhanced or upgraded from the level of
sensitivity or capability described in the numbered certification with
respect to an offer to sell such article, equipment, or service, then,
at least 45 days before the delivery of such article or equipment or the
furnishing of such service, the President shall prepare and transmit to
the chairman of the Committee on Foreign Affairs of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate a report --
(i) describing the manner in which the technology or capability has
been enhanced or upgraded and describing the significance of such
enhancement or upgrade; and
(ii) setting forth a detailed justification for such enhancement or
upgrade.
(B) The provisions of subparagraph (A) apply to an article or
equipment delivered, or a service furnished, within ten years after the
transmittal to the Congress of a numbered certification with respect to
the sale of such article, equipment, or service.
(C) If the enhancement or upgrade in the sensitivity of technology or
the capability of major defense equipment, defense articles, defense
services, or design and construction services described in a numbered
certification submitted under this subsection costs $14,000,000 or more
in the case of any major defense equipment, $50,000,000 or more in the
case of defense articles or defense services, or $200,000,000 or more in
the case of design or construction services, then the President shall
submit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a new numbered
certification which relates to such enhancement or upgrade and which
shall be considered for purposes of this subsection as if it were a
separate letter of offer to sell defense equipment, articles, or
services, subject to all of the requirements, restrictions, and
conditions set forth in this subsection. For purposes of this
subparagraph, references in this subsection to sales shall be deemed to
be references to enhancements or upgrades in the sensitivity of
technology or the capability of major defense equipment, articles, or
services, as the case may be.
(D) For the purposes of subparagraph (A), the term ''major defense
article'' shall be construed to include electronic devices, which if
upgraded, would enhance the mission capability of a weapons system.
(c) Application for export license; submission of numbered
Presidential certification and statement to Congress; contents;
emergency circumstances; joint resolution; exception
(1) In the case of an application by a person (other than with regard
to a sale under section 2761 or section 2762 of this title) for a
license for the export of any major defense equipment sold under a
contract in the amount of $14,000,000 or more or of defense articles or
defense services sold under a contract in the amount of $50,000,000 or
more, before issuing such license the President shall transmit to the
Speaker of the House of Representatives and to the chairman of the
Committee on Foreign Relations of the Senate an unclassified numbered
certification with respect to such application specifying (A) the
foreign country or international organization to which such export will
be made, (B) the dollar amount of the items to be exported, and (C) a
description of the items to be exported. In addition, the President
shall, upon the request of such committee or the Committee on Foreign
Affairs of the House of Representatives, transmit promptly to both such
committees a statement setting forth, to the extent specified in such
request, a description of the capabilities of the items to be exported,
an estimate of the total number of United States personnel expected to
be needed in the foreign country concerned in connection with the items
to be exported and an analysis of the arms control impact pertinent to
such application, prepared in consultation with the Secretary of
Defense. A certification transmitted pursuant to this subsection shall
be unclassified, except that the information specified in clause (B) and
the details of the description specified in clause (C) may be classified
if the public disclosure thereof would be clearly detrimental to the
security of the United States.
(2) Unless the President states in his certification that an
emergency exists which requires the proposed export in the national
security interests of the United States, a license for export described
in paragraph (1) --
(A) shall not be issued until at least 30 calendar days after the
Congress receives such certification; and
(B) shall not be issued then if the Congress, within such 30-day
period, enacts a joint resolution prohibiting the proposed export,
except that this subparagraph does not apply with respect to a license
issued for an export to the North Atlantic Treaty Organization, any
member country of that Organization, Japan, Australia, or New Zealand.
If the President states in his certification that an emergency exists
which requires the proposed export in the national security interests of
the United States, thus waiving the requirements of subparagraphs (A)
and (B) of this paragraph, he shall set forth in the certification a
detailed justification for his determination, including a description of
the emergency circumstances which necessitate the immediate issuance of
the export license and a discussion of the national security interests
involved.
(3)(A) Any joint resolution under this subsection shall be considered
in the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and enactment of
joint resolutions under this subsection, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
(d) Commercial technical assistance or manufacturing licensing
agreements with non-North Atlantic Treaty Organization member countries;
submission of Presidential certification; contents
In the case of an approval under section 2778 of this title of a
United States commercial technical assistance or manufacturing licensing
agreement for or in a country not a member of the North Atlantic Treaty
Organization which involves the manufacture abroad of any item of
significant combat equipment on the United States Munitions List, before
such approval is given, the President shall submit a certification with
respect to such proposed commercial agreement in a manner similar to the
certification required under subsection (c)(1) of this section
containing comparable information, except that the last sentence of such
subsection shall not apply to certifications submitted pursuant to this
subsection.
(Pub. L. 90-629, ch. 3, 36, Oct. 22, 1968, 82 Stat. 1326; Pub. L.
93-189, 25(10), Dec. 17, 1973, 87 Stat. 731; Pub. L. 93-559, 45(a)( 5),
Dec. 30, 1974, 88 Stat. 1814; Pub. L. 94-329, title II, 211(a), title
VI, 604(a), June 30, 1976, 90 Stat. 740, 766; Pub. L. 95-384, 21, Sept.
26, 1978, 92 Stat. 741; H. Res. 89, Feb. 5, 1979; Pub. L. 96-92,
16(b), 19(a), (c), 20(b), Oct. 29, 1979, 93 Stat. 708-710; Pub. L.
96-533, title I, 105(c), (d), 107(b), 109(f), Dec. 16, 1980, 94 Stat.
3134, 3136, 3138; Pub. L. 97-113, title I, 101(c)-(e), 102( b),
109(d)(2), Dec. 29, 1981, 95 Stat. 1520, 1526; Pub. L. 99-83, title I,
117, 118, title XII, 1209(c), Aug. 8, 1985, 99 Stat. 202, 203, 279;
Pub. L. 99-247, 1(b), (c), Feb. 12, 1986, 100 Stat. 9; Pub. L.
101-222, 3(b), 7, Dec. 12, 1989, 103 Stat. 1896, 1899.)
The Foreign Assistance Act of 1961, referred to in subsec. (a)(7), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapters 2,
5, 6, or 8 of part II of that Act are classified generally to parts II (
2311 et seq.), V ( 2347 et seq.), VI ( 2348 et seq.), and VIII ( 2349aa
et seq.), respectively, of subchapter II of chapter 32 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
The National Security Act of 1947, referred to in subsec. (a)(11), is
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of the
National Security Act of 1947 is classified generally to subchapter III
( 413 et seq.) of chapter 15 of Title 50, War and National Defense. For
complete classification of this Act to the Code, see Short Title note
set out under section 401 of Title 50 and Tables.
Section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976, referred to in subsecs. (b)(2) and (c)(3)(
A), is section 601(b) of Pub. L. 94-329, June 30, 1976, 90 Stat. 729,
which made provision for expedited procedures in the Senate, and was not
classified to the Code.
1989 -- Subsec. (a). Pub. L. 101-222, 7(b), inserted '', and any
information provided under paragraph (11) of this subsection may also be
provided in a classified addendum'' after ''(b)(1) of this section'' in
introductory provisions.
Subsec. (a)(10), (11). Pub. L. 101-222, 7(a), added pars. (10) and
(11).
Subsec. (b)(1)(D)(ii) to (v). Pub. L. 101-222, 3(b), added cl. (ii)
and redesignated former cls. (ii) through (iv) as (iii) through (v),
respectively.
1986 -- Subsec. (b)(1). Pub. L. 99-247, 1(b)(1), substituted
''enacts a joint resolution prohibiting'' for ''adopts a concurrent
resolution stating that it objects to'' in concluding provisions.
Subsec. (b)(2). Pub. L. 99-247, 1(b)(2), inserted ''joint'' before
''resolution'' in four places.
Subsec. (b)(3). Pub. L. 99-247, 1(b)(3), substituted ''enactment of
joint resolutions'' for ''adoption of concurrent resolutions'' and
''such joint resolution'' for ''such resolution''.
Subsec. (c)(2)(B). Pub. L. 99-247, 1(c)(1), substituted ''enacts a
joint resolution prohibiting'' for ''adopts a concurrent resolution
stating that it objects to''.
Subsec. (c)(3)(A). Pub. L. 99-247, 1(c)(2), inserted ''joint'' before
''resolution''.
Subsec. (c)(3)(B). Pub. L. 99-247, 1(c)(3), substituted ''enactment
of joint resolutions'' for ''adoption of concurrent resolutions'' and
''such joint resolution'' for ''such resolution''.
1985 -- Subsec. (a)(5). Pub. L. 99-83, 1209(c)(1), substituted
''sales'' for ''cash sales'' and struck out provisions relating to
credits under section 2763 of this title and guaranty agreements under
section 2764 of this title.
Subsec. (a)(6). Pub. L. 99-83, 1209(c)(2), substituted ''sales
expected to be made to'' for ''cash sales expected to be made and
credits expected to be extended to''.
Subsec. (a)(7). Pub. L. 99-83, 117, amended par. (7) generally.
Prior to amendment, par. (7) read as follows: ''an estimate of the
number of officers and employees of the United States Government and of
United States civilian contract personnel present in each such country
at the end of that quarter for assignments in implementation of sales
and commercial exports under this chapter;''.
Subsec. (b)(1). Pub. L. 99-83, 118(1), inserted requirement
respecting detailed justification of reasons for sale of sensitive
articles or services.
Subsec. (b)(5). Pub. L. 99-83, 118(2), added par. (5).
1981 -- Subsec. (a)(10). Pub. L. 97-113, 109(d)(2), struck out par.
(10) which required that Presidential report to Congress contain a
listing (classified if necessary) of property valued at $1,000,000 or
more which was leased, during the quarter for which a report was
required, to a foreign government for a period of more than six months
under section 2667 of title 10. See section 2796 et seq. of this
title.
Subsec. (b)(1). Pub. L. 97-113, 101(c), 102(b)(1), increased the
certification requirement limits to $50,000,000 and $14,000,000 from
$25,000,000 and $7,000,000 respecting offers to sell defense articles or
services, and major defense equipment; and prescribed a
fifteen-calendar-day period after receiving a certification for a
concurrent resolution objecting to a proposed sale to the North Atlantic
Treaty Organization, any member country of such Organization, Japan,
Australia, or New Zealand, and made the existing thirty-calendar-day
period applicable only with respect to a proposed sale to any other
country or organization.
Subsec. (b)(2). Pub. L. 97-113, 102(b)(2), authorized a motion in the
Senate for the discharge of the committee to which a resolution
respecting the North Atlantic Treaty Organization, any member country of
such Organization, Japan, Australia, or New Zealand was referred for
failure to report the resolution at end of five calendar days after its
introduction.
Subsec. (c)(1). Pub. L. 97-113, 101(d), increased sales contract
limits to $14,000,000 and $50,000,000 from $7,000,000 and $25,000,000
respecting sales of major defense equipment and defense articles or
services.
Subsec. (d). Pub. L. 97-113, 101(e), substituted reference to subsec.
''(c)(1)'' for ''(c)'' of this section.
1980 -- Subsec. (a)(9), (10). Pub. L. 96-533, 105(c), 109(f), added
pars. (9) and (10).
Subsec. (b)(1). Pub. L. 96-533, 105(d), required certification
respecting offer to sell any design and construction services for
$200,000,000 or more, required such certification to contain the
information specified in subsec. (a)(9)(A)-(D) of this section,
required such certification to contain an item identifying the
sensitivity of technology contained in the design and construction
services, and made subpar. (A), (C), (E), (I)-(N) provisions applicable
to design and construction services.
Subsec. (c). Pub. L. 96-533, 107(b), designated existing provisions
as par. (1), struck out ''not less than 30 days'' before ''before
issuing such license'', redesignated as cls. (A) to (C) former pars.
(1) to (3), and substituted ''clause (B)'' and ''clause (C)'' for
''paragraph (1)'' and ''paragraph (2)'', respectively, and added pars.
(2) and (3).
1979 -- Subsec. (a). Pub. L. 96-92, 19(a), increased to sixty from
thirty days the period for submission of the President's report at end
of each quarter and struck out par. (9) which required that the report
contain an analysis and description of the services of Federal personnel
under provisions relating to sales from stock, including numbers
employed.
Subsec. (b)(1). Pub. L. 96-92, 19(c), 20(b), required executive
emergency justification statement and the numbered certifications to
contain an item, classified if necessary, identifying the sensitivity of
technology contained in the defense articles or defense services
proposed to be sold.
Subsec. (b)(4). Pub. L. 96-92, 16(b), added par. (4).
1978 -- Subsec. (b)(1)(D), (N) to (P). Pub. L. 95-384 in subpar.
(D) substituted provisions requiring an evaluation relating to the
proposed sale to be prepared by the Director of the Arms Control and
Disarmament Agency in consultation with the Secretary of State and the
Secretary of Defense for provisions requiring an analysis of the arms
control impact pertinent to the offer to sell prepared in consultation
with the Secretary of Defense and added subpars. (N) to (P).
1976 -- Subsec. (a). Pub. L. 94-329, 211(a), 604(a)(1), expanded
existing provisions to provide for increased comprehensiveness of the
quarterly reports on sales of defense articles or defense services,
whether through governmental channels or commercial channels.
Subsec. (b). Pub. L. 94-329, 211(a), 604(a)(2), increased from 20
days to 30 days the period allowed Congress to reject a proposed offer
to sell defense articles or defense services and inserted provisions
covering any major defense equipment for $7,000,000 or more, requiring
additional information with respect to any letter of offer to sell
defense articles or defense services if requested by Congress and
requiring that a certification be transmitted pursuant to this
subsection in unclassified form unless public disclosure would be
detrimental to the United States.
Subsec. (c). Pub. L. 94-329, 211(a), substituted provisions relating
to application by person for license for export of any major defense
equipment sold and contracted for $7,000,000 or more or defense articles
or defense services for $25,000,000 or more, requiring the President to
transmit to Congress an unclassified numbered certification with respect
to such application, for provisions construing this section as not
modifying in any way section 1934 of this title.
Subsec. (d). Pub. L. 94-329, 211(a), added subsec. (d).
1974 -- Subsecs. (a), (b). Pub. L. 93-559 added subsecs. (a) and
(b).
1973 -- Pub. L. 93-189 struck out subsec. (a) which required the
Secretary of State to transmit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate
semiannual reports of all exports of significant defense articles on the
United States munitions list to foreign governments, etc., and subsec.
(b) which provided for the inclusion in the presentation material
submitted to the Congress during consideration of amendments to this
chapter or Acts appropriating funds under authority of this chapter
annual tables showing the dollar value of cash and credit foreign
military sales orders, commitments to order, etc.
Committee on International Relations of House of Representatives
changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House
Resolution 89, 96th Congress.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Section 211(b) of Pub. L. 94-329 provided that: ''The amendment
made by subsection (a) of this section (amending this section) shall
apply with respect to letters of offer for which a certification is
transmitted pursuant to section 36(b) of the Arms Export Control Act
(subsec. (b) of this section) on or after the date of enactment of this
Act (June 30, 1976) and to export licenses for which an application is
filed under section 38 of such Act (section 2778 of this title) on or
after such date.''
Section 604(c) of Pub. L. 94-329 provided that: ''The amendments
made by this section (amending this section and enacting section 2779 of
this title) shall take effect sixty days after the date of enactment of
this Act (June 30, 1976).''
Functions of President under subsecs. (a) and (b)(1) of this
section, except with respect to certification of an emergency under
subsec. (b)(1), delegated to Secretary of Defense, with Secretary of
Defense required to consult with other specific agencies in implementing
certain delegated functions, by section 1(j) of Ex. Ord. No. 11958,
Jan. 18, 1977, 42 F.R. 4311, as amended, set out as a note under
section 2751 of this title.
Functions of President under subsecs. (c) and (d) of this section
delegated to Secretary of State by section 1(k) of Ex. Ord. No. 11958.
Section 20(a) of Pub. L. 96-92, which directed the President to
undertake a thorough review of the interagency procedures and disclosure
criteria used by the United States in determining whether sensitive
weapons technology will be transferred to other countries, and not later
than Feb. 15, 1980 to transmit a report to the Congress setting forth
the results of such review, together with such recommendations as are
necessary to improve the current disclosure system, was repealed by Pub.
L. 97-113, title VII, 734(a)(11), Dec. 29, 1981, 95 Stat. 1560.
22 USC 2777. Fiscal provisions relating to foreign military sales
credits
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Permissible uses of cash payments under sections 2761, 2762,
2763, and 2769
Cash payments received under sections 2761, 2762, and 2769 of this
title and advances received under section 2763 of this title shall be
available solely for payments to suppliers (including the military
departments) and refunds to purchasers and shall not be available for
financing credits and guaranties.
(b) Transfer of funds to miscellaneous receipts of Treasury
Amounts received from foreign governments and international
organizations as repayments for credits extended pursuant to section
2763 of this title, amounts received from the disposition of instruments
evidencing indebtedness under section 2764(b) of this title (excluding
such portion of thd sales proceeds as may be required at the time of
disposition to be obligated as a reserve for payment of claims under
guaranties issued pursuant to section 2764(b) of this title, which sums
are made available for such obligations), and other collections
(including fees and interest) shall be transferred to the miscellaneous
receipts of the Treasury.
(c) Credit of funds to reserve under section 2764(c)
Notwithstanding the provisions of subsection (b) of this section, to
the extent that any of the funds constituting the reserve under section
2764(c) of this title are paid out for a claim arising out of a loan
guaranteed under section 2764 of this title, amounts received from a
foreign government or international organization after the date of such
payment, with respect to such claim, shall be credited to such reserve,
shall be merged with the funds in such reserve, and shall be available
for any purpose for which funds in such reserve are available.
(Pub. L. 90-629, ch. 3, 37, Oct. 22, 1968, 82 Stat. 1326; Pub. L.
93-189, 25(11), Dec. 17, 1973, 87 Stat. 731; Pub. L. 96-533, title I,
104(b), 105(e)(1), Dec. 16, 1980, 94 Stat. 3133, 3135.)
1980 -- Subsec. (a). Pub. L. 96-533, 105(e)(1), inserted reference
to section 2769 of this title.
Subsec. (c). Pub. L. 96-533, 104(b), added subsec. (c).
1973 -- Subsec. (b). Pub. L. 93-189 inserted provisions relating to
indebtedness under section 2764(b) of this title and exclusions of
portions of the sales proceeds required at the time of disposition as a
reserve for payment of claims under guaranties issued under section
2764(b) of this title.
22 USC 2778. Control of arms exports and imports
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Presidential control of exports and imports of defense articles
and services, guidance of policy, etc.; designation of United States
Munitions List; issuance of export licenses; condition for export;
negotiations information
(1) In furtherance of world peace and the security and foreign policy
of the United States, the President is authorized to control the import
and the export of defense articles and defense services and to provide
foreign policy guidance to persons of the United States involved in the
export and import of such articles and services. The President is
authorized to designate those items which shall be considered as defense
articles and defense services for the purposes of this section and to
promulgate regulations for the import and export of such articles and
services. The items so designated shall constitute the United States
Munitions List.
(2) Decisions on issuing export licenses under this section shall be
made in coordination with the Director of the United States Arms Control
and Disarmament Agency and shall take into account the Director's
opinion as to whether the export of an article will contribute to an
arms race, support international terrorism, increase the possibility of
outbreak or escalation of conflict, or prejudice the development of
bilateral or multilateral arms control arrangements.
(3) In exercising the authorities conferred by this section, the
President may require that any defense article or defense service be
sold under this chapter as a condition of its eligibility for export,
and may require that persons engaged in the negotiation for the export
of defense articles and services keep the President fully and currently
informed of the progress and future prospects of such negotiations.
(b) Registration and licensing requirements for manufacturers,
exporters, or importers of designated defense articles and defense
services
(1)(A) As prescribed in regulations issued under this section, every
person (other than an officer or employee of the United States
Government acting in an official capacity) who engages in the business
of manufacturing, exporting, or importing any defense articles or
defense services designated by the President under subsection (a)(1) of
this section shall register with the United States Government agency
charged with the administration of this section, and shall pay a
registration fee which shall be prescribed by such regulations. Such
regulations shall prohibit the return to the United States for sale in
the United States (other than for the Armed Forces of the United States
and its allies or for any State or local law enforcement agency) of any
military firearms or ammunition of United States manufacture furnished
to foreign governments by the United States under this chapter or any
other foreign assistance or sales program of the United States, whether
or not enhanced in value or improved in condition in a foreign country.
This prohibition shall not extend to similar firearms that have been so
substantially transformed as to become, in effect, articles of foreign
manufacture.
(B) /1/ The prohibition under such regulations required by the second
sentence of subparagraph (A) shall not extend to any military firearms
(or ammunition, components, parts, accessories, and attachments for such
firearms) of United States manufacture furnished to any foreign
government by the United States under this chapter or any other foreign
assistance or sales program of the United States if --
(i) such firearms are among those firearms that the Secretary of the
Treasury is, or was at any time, required to authorize the importation
of by reason of the provisions of section 925(e) of title 18 (including
the requirement for the listing of such firearms as curios or relics
under section 921(a)(13) of that title); and
(ii) such foreign government certifies to the United States
Government that such firearms are owned by such foreign government.
(B) /1/ A copy of each registration made under this paragraph shall
be transmitted to the Secretary of the Treasury for review regarding law
enforcement concerns. The Secretary shall report to the President
regarding such concerns as necessary.
(2) Except as otherwise specifically provided in regulations issued
under subsection (a)(1) of this section, no defense articles or defense
services designated by the President under subsection (a)(1) of this
section may be exported or imported without a license for such export or
import, issued in accordance with this chapter and regulations issued
under this chapter, except that no license shall be required for exports
or imports made by or for an agency of the United States Government (A)
for official use by a department or agency of the United States
Government, or (B) for carrying out any foreign assistance or sales
program authorized by law and subject to the control of the President by
other means.
(3)(A) For each of the fiscal years 1988 and 1989, $250,000 of
registration fees collected pursuant to paragraph (1) shall be credited
to a Department of State account, to be available without fiscal year
limitation. Fees credited to that account shall be available only for
the payment of expenses incurred for --
(i) contract personnel to assist in the evaluation of munitions
control license applications, reduce processing time for license
applications, and improve monitoring of compliance with the terms of
licenses; and
(ii) the automation of munitions control functions and the processing
of munitions control license applications, including the development,
procurement, and utilization of computer equipment and related software.
(B) The authority of this paragraph may be exercised only to such
extent or in such amounts as are provided in advance in appropriation
Acts.
(c) Criminal violations; punishment
Any person who willfully violates any provision of this section or
section 2779 of this title, or any rule or regulation issued under
either section, or who willfully, in a registration or license
application or required report, makes any untrue statement of a material
fact or omits to state a material fact required to be stated therein or
necessary to make the statements therein not misleading, shall upon
conviction be fined for each violation not more than $1,000,000 or
imprisoned not more than ten years, or both.
(d) Repealed. Pub. L. 96-70, title III, 3303(a)(4), Sept. 27, 1979,
93 Stat. 499
(e) Enforcement powers of President
In carrying out functions under this section with respect to the
export of defense articles and defense services, the President is
authorized to exercise the same powers concerning violations and
enforcement which are conferred upon departments, agencies and officials
by subsections (c), (d), (e), and (g) of section 11 of the Export
Administration Act of 1979 (50 App. U.S.C. 2410(c), (d), (e), and (g)),
and by subsections (a) and (c) of section 12 of such Act (50 App. U.S.C.
2411(a) and (c)), subject to the same terms and conditions as are
applicable to such powers under such Act (50 App. U.S.C. 2401 et seq.).
Nothing in this subsection shall be construed as authorizing the
withholding of information from the Congress. Notwithstanding section
11(c) of the Export Administration Act of 1979, the civil penalty for
each violation involving controls imposed on the export of defense
articles and defense services under this section may not exceed
$500,000.
(f) Periodic review of items on Munitions List
The President shall periodically review the items on the United
States Munitions List to determine what items, if any, no longer warrant
export controls under this section. The results of such reviews shall
be reported to the Speaker of the House of Representatives and to the
Committee on Foreign Relations and the Committee on Banking, Housing,
and Urban Affairs of the Senate. Such a report shall be submitted at
least 30 days before any item is removed from the Munitions List and
shall describe the nature of any controls to be imposed on that item
under the Export Administration Act of 1979 (50 App. U.S.C. 2401 et
seq.).
(g) Identification of persons convicted or subject to indictment for
violations of certain provisions
(1) The President shall develop appropriate mechanisms to identify,
in connection with the export licensing process under this section --
(A) persons who are the subject of an indictment for, or have been
convicted of, a violation under --
(i) this section,
(ii) section 11 of the Export Administration Act of 1979 (50 U.S.C.
App. 2410),
(iii) section 793, 794, or 798 of title 18 (relating to espionage
involving defense or classified information),
(iv) section 16 of the Trading with the Enemy Act (50 U.S.C. App.
16),
(v) section 206 of the International Emergency Economic Powers Act
(relating to foreign assets controls; 50 U.S.C. App. 1705) (50 U.S.C.
1705),
(vi) section 30A of the Securities Exchange Act of 1934 (15 U.S.C.
78dd-1) or section 104 of the Foreign Corrupt Practices Act (15 U.S.C.
78dd-2),
(vii) chapter 105 of title 18 (relating to sabotage),
(viii) section 4(b) of the Internal Security Act of 1950 (relating to
communication of classified information; 50 U.S.C. 783(b)),
(ix) section 57, 92, 101, 104, 222, 224, 225, or 226 of the Atomic
Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 2134, 2272, 2274, 2275,
and 2276),
(x) section 601 of the National Security Act of 1947 (relating to
intelligence identities protection; 50 U.S.C. 421), or
(xi) section 603(b) or (c) of the Comprehensive Anti-Apartheid Act of
1986 (22 U.S.C. 5113(b) and (c));
(B) persons who are the subject of an indictment or have been
convicted under section 371 of title 18 for conspiracy to violate any of
the statutes cited in subparagraph (A); and
(C) persons who are ineligible --
(i) to contract with,
(ii) to receive a license or other form of authorization to export
from, or
(iii) to receive a license or other form of authorization to import
defense articles or defense services from,
any agency of the United States Government.
(2) The President shall require that each applicant for a license to
export an item on the United States Munitions List identify in the
application all consignees and freight forwarders involved in the
proposed export.
(3) If the President determines --
(A) that an applicant for a license to export under this section is
the subject of an indictment for a violation of any of the statutes
cited in paragraph (1),
(B) that there is reasonable cause to believe that an applicant for a
license to export under this section has violated any of the statutes
cited in paragraph (1), or
(C) that an applicant for a license to export under this section is
ineligible to contract with, or to receive a license or other form of
authorization to import defense articles or defense services from, any
agency of the United States Government,
the President may disapprove the application. The President shall
consider requests by the Secretary of the Treasury to disapprove any
export license application based on these criteria.
(4) A license to export an item on the United States Munitions List
may not be issued to a person --
(A) if that person, or any party to the export, has been convicted of
violating a statute cited in paragraph (1), or
(B) if that person, or any party to the export, is at the time of the
license review ineligible to receive export licenses (or other forms of
authorization to export) from any agency of the United States
Government,
except as may be determined on a case-by-case basis by the President,
after consultation with the Secretary of the Treasury, after a thorough
review of the circumstances surrounding the conviction or ineligibility
to export and a finding by the President that appropriate steps have
been taken to mitigate any law enforcement concerns.
(5) A license to export an item on the United States Munitions List
may not be issued to a foreign person (other than a foreign government).
(6) The President may require a license (or other form of
authorization) before any item on the United States Munitions List is
sold or otherwise transferred to the control or possession of a foreign
person or a person acting on behalf of a foreign person.
(7) The President shall, in coordination with law enforcement and
national security agencies, develop standards for identifying high-risk
exports for regular end-use verification. These standards shall be
published in the Federal Register and the initial standards shall be
published not later than October 1, 1988.
(8) Upon request of the Secretary of State, the Secretary of Defense
and the Secretary of the Treasury shall detail to the office primarily
responsible for export licensing functions under this section, on a
nonreimbursable basis, personnel with appropriate expertise to assist in
the initial screening of applications for export licenses under this
section in order to determine the need for further review of those
applications for foreign policy, national security, and law enforcement
concerns.
(9) For purposes of this subsection --
(A) the term ''foreign corporation'' means a corporation that is not
incorporated in the United States;
(B) the term ''foreign government'' includes any agency or
subdivision of a foreign government, including an official mission of a
foreign government;
(C) the term ''foreign person'' means any person who is not a citizen
or national of the United States or lawfully admitted to the United
States for permanent residence under the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.), and includes foreign corporations,
international organizations, and foreign governments;
(D) the term ''party to the export'' means --
(i) the president, the chief executive officer, and other senior
officers of the license applicant;
(ii) the freight forwarders or designated exporting agent of the
license application; and
(iii) any consignee or end user of any item to be exported; and
(E) the term ''person'' means a natural person as well as a
corporation, business association, partnership, society, trust, or any
other entity, organization, or group, including governmental entities.
(h) Judicial review of designation of items as defense articles or
services
The designation by the President (or by an official to whom the
President's functions under subsection (a) of this section have been
duly delegated), in regulations issued under this section, of items as
defense articles or defense services for purposes of this section shall
not be subject to judicial review.
(Pub. L. 90-629, ch. 3, 38, as added Pub. L. 94-329, title II, 212(
a)(1), June 30, 1976, 90 Stat. 744, and amended Pub. L. 95-92, 20, Aug.
4, 1977, 91 Stat. 623; Pub. L. 96-70, title III, 3303(a)( 4), Sept.
27, 1979, 93 Stat. 499; Pub. L. 96-72, 22(a), Sept. 29, 1979, 93 Stat.
535; Pub. L. 96-92, 21, Oct. 29, 1979, 93 Stat. 710; Pub. L. 96-533,
title I, 107(a), (c), Dec. 16, 1980, 94 Stat. 3136; Pub. L. 97-113,
title I, 106, 107, Dec. 29, 1981, 95 Stat. 1522; Pub. L. 99-64, title
I, 123(a), July 12, 1985, 99 Stat. 156; Pub. L. 99-83, title I, 119(
a), (b), Aug. 8, 1985, 99 Stat. 203, 204; Pub. L. 100-202, 101(b)
(title VIII, 8142(a)), Dec. 22, 1987, 101 Stat. 1329-43, 1329-88; Pub.
L. 100-204, title XII, 1255, Dec. 22, 1987, 101 Stat. 1429; Pub. L.
101-222, 3(a), 6, Dec. 12, 1989, 103 Stat. 1896, 1899.)
The Export Administration Act of 1979, referred to in subsecs. (e)
and (f), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,
which is classified principally to section 2401 et seq. of Title 50,
Appendix, War and National Defense. For complete classification of this
Act to the Code, see Short Title note set out under section 2401 of
Title 50, Appendix, and Tables.
Section 104 of the Foreign Corrupt Practices Act (15 U.S.C. 78dd-2),
referred to in subsec. (g)(1)(A)(vi), probably means section 104 of the
Foreign Corrupt Practices Act of 1977, which is classified to section
78dd-2 of Title 15, Commerce and Trade.
The Immigration and Nationality Act, referred to in subsec. (g)(9)(
C), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 ( 1101 et seq.) of Title 8, Aliens
and Nationality. For complete classification of this Act to the Code,
see Short Title note set out under section 1101 of Title 8 and Tables.
Section 212(b)(1) of Pub. L. 94-329 provided in part that: ''Any
reference to such section (section 1934 of this title) shall be deemed
to be a reference to section 38 of the Arms Export Control Act (this
section) and any reference to licenses issued under section 38 of the
Arms Export Control Act (this section) shall be deemed to include a
reference to licenses issued under section 414 of the Mutual Security
Act of 1954.''
1989 -- Subsec. (a)(2). Pub. L. 101-222, 3(a), inserted ''support
international terrorism,'' after ''arms race,''.
Subsec. (h). Pub. L. 101-222, 6, added subsec. (h).
1987 -- Subsec. (b)(1). Pub. L. 100-204, 1255(b), designated
existing provisions as subpar. (A) and added subpar. (B) relating to
review by Secretary of the Treasury of munitions control registrations.
Pub. L. 100-202 designated existing provisions as subpar. (A) and
added subpar. (B) relating to allowance of return to United States of
certain military firearms, etc., under certain circumstances.
Subsec. (b)(3). Pub. L. 100-204, 1255(c), added par. (3).
Subsec. (g). Pub. L. 100-204, 1255(a), added subsec. (g).
1985 -- Subsec. (c). Pub. L. 99-83, 119(a), inserted ''for each
violation'' before ''not more'' and substituted ''$1,000,000'' for
''$100,000'' and ''ten'' for ''two''.
Subsec. (e). Pub. L. 99-83, 119(b), inserted provisions relating to
civil penalty for each violation.
Pub. L. 99-64 substituted ''(g)'' for ''(f)''.
1981 -- Subsec. (b)(3). Pub. L. 97-113, 106, struck out par. (3)
which placed a $100,000,000 ceiling on commercial arms exports of major
defense equipment to all countries other than NATO countries, Japan,
Australia, and New Zealand.
Subsec. (f). Pub. L. 97-113, 107, added subsec. (f).
1980 -- Subsec. (a)(3). Pub. L. 96-533, 107(c), added par. (3).
Subsec. (b)(3). Pub. L. 96-533, 107(a), increased the limitation in
the sale of major defense equipment exports to $100,000,000 from
$35,000,000.
1979 -- Subsec. (b)(3). Pub. L. 96-92 increased the limitation in
the sale of major defense equipment exports to $35,000,000 from
$25,000,000.
Subsec. (d). Pub. L. 96-70 struck out subsec. (d) which provided
that this section applies to and within the Canal Zone.
Subsec. (e). Pub. L. 96-72 substituted ''subsections (c), (d), (e),
and (f) of section 11 of the Export Administration Act of 1979, and by
subsections (a) and (c) of section 12 of such Act'' for ''sections 6(
c), (d), (e), and (f) and 7(a) and (c) of the Export Administration Act
of 1969''.
1977 -- Subsec. (b)(3). Pub. L. 95-92 inserted provisions relating
to exceptions to prohibitions against issuance of licenses under this
section and procedures applicable for implementation of such exceptions.
Section 101(b) (title VIII, 8142(b)) of Pub. L. 100-202 provided
that:
''(1) Except as provided in paragraphs (2) and (3), subparagraph (B)
of section 38(b)(1) of the Arms Export Control Act (subsec. (b)(1)(B) of
this section), as added by subsection (a), shall take effect at the end
of the ninety-day period beginning on the date of the enactment of this
Act (Dec. 22, 1987).
''(2)(A) Such subparagraph shall take effect on the date of the
enactment of this Act (Dec. 22, 1987) with respect to any military
firearms or ammunition (or components, parts, accessories and
attachments for such firearms) with respect to which an import permit
was issued by the Secretary of the Treasury on or after July 1, 1986,
irrespective of whether such import permit was subsequently suspended,
revoked, or withdrawn by the Secretary of the Treasury based on the
application of section 38(b)(1) of the Arms Export Control Act (subsec.
(b)(1) of this section) as in effect on the day before the date of the
enactment of this Act.
''(B) In the case of an import permit described in subparagraph (A)
which was suspended, revoked, or withdrawn by the Secretary of the
Treasury during the period beginning on July 1, 1986, and ending on the
date of the enactment of this Act (Dec. 22, 1987) under the conditions
described in such subparagraph, such import permit shall be reinstated
and reissued immediately upon the enactment of this Act, and in any
event not later than ten days after the date of the enactment of this
Act.
''(3) During the period preceding the revision of regulations issued
under section 38(b)(1) of the Arms Export Control Act (subsec. (b)(1) of
this section) to reflect the provisions of subparagraph (B) of such
section, as added by subsection (a), such regulations may not be applied
with respect to matters covered by paragraph (2) of this subsection so
as to prohibit or otherwise restrict the importation of firearms
described in that paragraph or in any other manner inconsistent with
that paragraph, notwithstanding that such regulations have not yet been
so revised: Provided, That this section shall not take effect if during
the twenty day period beginning on the date of enactment of this section
(Dec. 22, 1987) the Secretary of State, the Secretary of Defense, or the
Secretary of the Treasury notifies Congress that he has an objection to
the intent of this section: Provided further, That the Attorney General
shall, within the period of time stated in the first proviso, submit a
certification to Congress indicating whether the enactment of this
section will interfere with any ongoing criminal investigation with
respect to this section. If a certification of criminal investigative
interference or an objection to the intent of this section is made, as
herein provided, no permit shall be issued to anyone.''
Section 119(c) of Pub. L. 99-83 provided that: ''This section
(amending this section) shall take effect upon the date of enactment of
this Act (Aug. 8, 1985) or October 1, 1985, whichever is later. The
amendments made by this section apply with respect to violations
occurring after the effective date of this section.''
Amendment by Pub. L. 96-72 effective upon the expiration of the
Export Administration Act of 1969, which terminated on Sept. 30, 1979,
or upon any prior date which the Congress by concurrent resolution or
the President by proclamation designated, see section 2418 and Prior
Provisions note set out under section 2413 of Title 50, Appendix, War
and National Defense.
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of this title.
Functions of President under this section, with certain exceptions,
delegated to Secretary of State, with concurrence of Secretary of
Defense required for designations of items or categories of items which
are considered as defense articles or services subject to export control
under this section, by section 1(l)(1) of Ex. Ord. No. 11958, Jan. 18,
1977, 42 F.R. 4311, as amended, set out as a note under section 2751 of
this title.
Functions of President under this section relating to the control of
import of defense articles and services transferred to Secretary of the
Treasury, with certain requirements for considering the views of
Secretary of State and for receiving concurrence of Secretary of State
and Secretary of Defense for designations of items or categories of
items which are considered as defense articles and services subject to
import control under this section, by section 1(l)(2) of Ex. Ord. No.
11958.
Functions of President which involve subsec. (e) of this section and
are agreed to by Secretary of State and Secretary of Commerce delegated
to Secretary of Commerce to be carried out on behalf of Secretary of
State by section 1(l)(3) of Ex. Ord. No. 11958.
Pub. L. 102-138, title IV, Oct. 28, 1991, 105 Stat. 718, provided
that:
''SEC. 401. FINDINGS.
''The Congress finds that --
''(1) nations in the Middle East and Persian Gulf region, which
accounted for over 40 percent of the international trade in weapons and
related equipment and services during the decade of the 1980's, are the
principal market for the worldwide arms trade;
''(2) regional instability, large financial resources, and the desire
of arms-supplying governments to gain influence in the Middle East and
Persian Gulf region, contribute to a regional arms race;
''(3) the continued proliferation of weapons and related equipment
and services contribute further to a regional arms race in the Middle
East and Persian Gulf region that is politically, economically, and
militarily destabilizing;
''(4) the continued proliferation of unconventional weapons,
including nuclear, biological, and chemical weapons, as well as delivery
systems associated with those weapons, poses an urgent threat to
security and stability in the Middle East and Persian Gulf region;
''(5) the continued proliferation of ballistic missile technologies
and ballistic missile systems that are capable of delivering
conventional, nuclear, biological, or chemical warheads undermines
security and stability in the Middle East and Persian Gulf region;
''(6) future security and stability in the Middle East and Persian
Gulf region would be enhanced by establishing a stable military balance
among regional powers by restraining and reducing both conventional and
unconventional weapons;
''(7) security, stability, peace, and prosperity in the Middle East
and Persian Gulf region are important to the welfare of the
international economy and to the national security interests of the
United States;
''(8) future security and stability in the Middle East and Persian
Gulf region would be enhanced through the development of a multilateral
arms transfer and control regime similar to those of the Nuclear
Suppliers' Group, the Missile Technology Control Regime, and the
Australia Chemical Weapons Suppliers Group;
''(9) such a regime should be developed, implemented, and agreed to
through multilateral negotiations, including under the auspices of the 5
permanent members of the United Nations Security Council;
''(10) confidence-building arms control measures such as the
establishment of a centralized arms trade registry at the United
Nations, greater multinational transparency on the transfer of defense
articles and services prior to agreement or transfer, cooperative
verification measures, advanced notification of military exercises,
information exchanges, on-site inspections, and creation of a Middle
East and Persian Gulf Conflict Prevention Center, are important to
implement an effective multilateral arms transfer and control regime;
''(11) as an interim step, the United States should consider
introducing, during the ongoing negotiations on confidence
security-building measures at the Conference on Security and Cooperation
in Europe (CSCE), a proposal regarding the international exchange of
information, on an annual basis, on the sale and transfer of major
military equipment, particularly to the Middle East and Persian Gulf
region; and
''(12) such a regime should be applied to other regions with the
ultimate objective of achieving an effective global arms transfer and
control regime, implemented and enforced through the United Nations
Security Council, that --
''(A) includes a linkage of humanitarian and developmental objectives
with security objectives in Third World countries, particularly the
poorest of the poor countries; and
''(B) encourages countries selling military equipment and services to
consider the following factors before making conventional arms sales:
the security needs of the purchasing countries, the level of defense
expenditures by the purchasing countries, and the level of indigenous
production of the purchasing countries.
''SEC. 402. MULTILATERAL ARMS TRANSFER AND CONTROL REGIME.
''(a) Implementation of the Regime. --
''(1) Continuing negotiations. -- The President shall continue
negotiations among the 5 permanent members of the United Nations
Security Council and commit the United States to a multilateral arms
transfer and control regime for the Middle East and Persian Gulf region.
''(2) Proposing a temporary moratorium during negotiations. -- In the
context of these negotiations, the President should propose to the 5
permanent members of the United Nations Security Council a temporary
moratorium on the sale and transfer of major military equipment to
nations in the Middle East and Persian Gulf region until such time as
the 5 permanent members agree to a multilateral arms transfer and
control regime.
''(b) Purpose of the Regime. -- The purpose of the multilateral arms
transfer and control regime should be --
''(1) to slow and limit the proliferation of conventional weapons in
the Middle East and Persian Gulf region with the aim of preventing
destabilizing transfers by --
''(A) controlling the transfer of conventional major military
equipment;
''(B) achieving transparency among arms suppliers nations through
advanced notification of agreement to, or transfer of, conventional
major military equipment; and
''(C) developing and adopting common and comprehensive control
guidelines on the sale and transfer of conventional major military
equipment to the region;
''(2) to halt the proliferation of unconventional weapons, including
nuclear, biological, and chemical weapons, as well as delivery systems
associated with those weapons and the technologies necessary to produce
or assemble such weapons;
''(3) to limit and halt the proliferation of ballistic missile
technologies and ballistic missile systems that are capable of
delivering conventional, nuclear, biological, or chemical warheads;
''(4) to maintain the military balance in the Middle East and Persian
Gulf region through reductions of conventional weapons and the
elimination of unconventional weapons; and
''(5) to promote regional arms control in the Middle East and Persian
Gulf region.
''(c) Achieving the Purposes of the Regime. --
''(1) Controlling proliferation of conventional weapons. -- In order
to achieve the purposes described in subsection (b)(1), the United
States should pursue the development of a multilateral arms transfer and
control regime which includes --
''(A) greater information-sharing practices among supplier nations
regarding potential arms sales to all nations of the Middle East and
Persian Gulf region;
''(B) applying, for the control of conventional major military
equipment, procedures already developed by the International Atomic
Energy Agency, the Multilateral Coordinating Committee on Export
Controls (COCOM), and the Missile Technology Control Regime (MTCR); and
''(C) other strict controls on the proliferation of conventional
major military equipment to the Middle East and Persian Gulf region.
''(2) Halting proliferation of unconventional weapons. -- In order to
achieve the purposes described in subsections (b)(2) and (3), the United
States should build on existing and future agreements among supplier
nations by pursuing the development of a multilateral arms transfer and
control regime which includes --
''(A) limitations and controls contained in the Enhanced
Proliferation Control Initiative;
''(B) limitations and controls contained in the Missile Technology
Control Regime (MTCR);
''(C) guidelines followed by the Australia Group on chemical and
biological arms proliferation;
''(D) guidelines adopted by the Nuclear Suppliers Group (the London
Group); and
''(E) other appropriate controls that serve to halt the flow of
unconditional (unconventional) weapons to the Middle East and Persian
Gulf region.
''(3) Promotion of regional arms control agreements. -- In order to
achieve the purposes described in subsections (b)(4) and (5), the United
States should pursue with nations in the Middle East and Persian Gulf
region --
''(A) the maintenance of the military balance within the region,
while eliminating nuclear, biological, and chemical weapons and
associated delivery systems, and ballistic missiles;
''(B) the implementation of confidence-building and security-building
measures, including advance notification of certain ground and aerial
military exercises in the Middle East and the Persian Gulf; and
''(C) other useful arms control measures.
''(d) Major Military Equipment. -- As used in this title, the term
'major military equipment' means --
''(1) air-to-air, air-to-surface, and surface-to-surface missiles and
rockets;
''(2) turbine-powered military aircraft;
''(3) attack helicopters;
''(4) main battle tanks;
''(5) submarines and major naval surface combatants;
''(6) nuclear, biological, and chemical weapons; and
''(7) such other defense articles and defense services as the
President may determine.
''SEC. 403. LIMITATION ON UNITED STATES ARMS SALES TO THE REGION.
''Beginning 60 days after the date of enactment of the International
Cooperation Act of 1991 (probably means H.R. 2508, which had not been
enacted into law by the end of the first session of the 102d Congress)
or the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
(Oct. 28, 1991), whichever is enacted first, no sale of any defense
article or defense service may be made to any nation in the Middle East
and Persian Gulf region, and no license may be issued for the export of
any defense article or defense service to any nation in the Middle East
and Persian Gulf region, unless the President --
''(1) certifies in writing to the relevant congressional committees
that the President has undertaken good faith efforts to convene a
conference for the establishment of an arms suppliers regime having
elements described in section 402; and
''(2) submits to the relevant congressional committees a report
setting forth a United States plan for leading the world community in
establishing such a multilateral regime to restrict transfers of
advanced conventional and unconventional arms to the Middle East and
Persian Gulf region.
''SEC. 404. REPORTS TO THE CONGRESS.
''(a) Quarterly Reports. -- Beginning on January 15, 1992, and
quarterly thereafter through October 15, 1993, the President shall
submit to the relevant congressional committees a report --
''(1) describing the progress in implementing the purposes of the
multilateral arms transfer and control regime as described in section
402(b); and
''(2) describing efforts by the United States and progress made to
induce other countries to curtail significantly the volume of their arms
sales to the Middle East and Persian Gulf region, and if such efforts
were not made, the justification for not making such efforts.
''(b) Initial Report on Transfers and Regional Military Balance. --
Not later than 60 days after the date of enactment of the International
Cooperation Act of 1991 or the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993, whichever is enacted first, the President
shall submit to the relevant congressional committee a report --
''(1) documenting all transfers of conventional and unconventional
arms by any nation to the Middle East and Persian Gulf region over the
previous calendar year and the previous 5 calendar years, including
sources, types, and recipient nations of weapons;
''(2) analyzing the current military balance in the region, including
the effect on the balance of transfers documented under paragraph (1);
''(3) describing the progress in implementing the purposes of the
multilateral arms transfer and control regime as described in section
402(b);
''(4) describing any agreements establishing such a regime; and
''(5) identifying supplier nations that have refused to participate
in such a regime or that have engaged in conduct that violates or
undermines such a regime.
''(c) Annual Reports on Transfers and Regional Military Balance. --
Beginning July 15, 1992, and every 12 months thereafter, the President
shall submit to the relevant congressional committees a report --
''(1) documenting all transfers of conventional and unconventional
arms by any nation to the Middle East and Persian Gulf region over the
previous calendar year, including sources, types, and recipient nations
of weapons;
''(2) analyzing the current military balance in the region, including
the effect on the balance of transfer documented under paragraph (1);
''(3) describing the progress in implementing the purposes of the
multilateral arms transfer and control regime as described in section
402(b); and
''(4) identifying supplier nations that have refused to participate
in such a regime or that have engaged in conduct that violates or
undermines such a regime.
''SEC. 405. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
''As used in this title, the term 'relevant congressional committees'
means the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate.''
Memorandum of President of the United States, Dec. 27, 1991, 56 F.
R. 1069, delegated to Secretary of State, in consultation with heads of
other executive agencies and departments, certification and reporting
obligations of the President under sections 403 and 404 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993, Public Law
102-138, set out above.
Section 3 of Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, set
out as a note under section 1701 of Title 50, War and National Defense,
provided that: ''Provisions for administration of section 38( e) of the
Arms Export Control Act (22 U.S.C. 2778(e)) may be made and shall
continue in full force and effect until amended or revoked under the
authority of section 203 of the Act (50 U.S.C. 1702). To the extent
permitted by law, this order also shall constitute authority for the
issuance and continuation in full force and effect of all rules and
regulations by the President or his delegate, and all orders, licenses,
and other forms of administrative action issued, taken, or continued in
effect pursuant thereto, relating to the administration of section 38(
e).''
Section 3 of Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, set
out as a note under section 1701 of Title 50, provided that: ''All
rules, regulations, orders, licenses, and other forms of administrative
action issued, taken or continued in effect pursuant to the authority of
the IEEPA and Executive Order No. 12470 (formerly set out as a note
under section 1701 of Title 50) relating to the administration of
Section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) shall
remain in full force and effect until amended or revoked under proper
authority.''
(Section 3 of Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099,
formerly set out as a note under section 1701 of Title 50, provided
that: ''Provisions for the administration of section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)) may be made and shall continue in
full force and effect until amended or revoked under the authority of
section 203 of the Act (50 U.S.C. 1702). To the extent permitted by law,
this Order also shall constitute authority for the issuance and
continuation in full force and effect of all rules and regulations by
the President or his delegate, and all orders, licenses, and other forms
of administrative action issued, taken or continued in effect pursuant
thereto, relating to the administration of section 38(e).'' The national
emergency declared by Ex. Ord. No. 12470, was continued in effect beyond
Mar. 31, 1985, by Notice of the President, dated Mar. 28, 1985, set out
as a note under section 1701 of Title 50. Ex. Ord. No. 12470 was
revoked by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, set out as
a note under section 1701 of Title 50.)
Section 3 of Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, set
out as a note under section 1701 of Title 50, provided that: ''All
orders, licenses and other forms of administrative action issued, taken
or continued in effect pursuant to the authority of the IEEPA and
Executive Order No. 12444 (formerly set out as a note under section
1701 of Title 50) relating to the administration of section 38(e) of the
Arms Export Control Act (22 U.S.C. 2778(e)) shall remain in full force
and effect until amended or revoked under proper authority.''
(Section 3 of Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215,
formerly set out as a note under section 1701 of Title 50, provided
that: ''Provisions for the administration of section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)) may be made and shall continue in
full force and effect until amended or revoked under the authority of
section 203 of the Act (50 U.S.C. 1702). To the extent permitted by law,
this Order also shall constitute authority for the issuance and
continuation in full force and effect of rules and regulations by the
President or his delegate, and all orders, licenses, and other forms of
administrative action issued, taken or continued in effect pursuant
thereto, relating to the administration of section 38(e).'' Ex. Ord.
No. 12444 was revoked by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R.
56563, set out as a note under section 1701 of Title 50, which further
directed that administrative actions taken under such provisions remain
in full force and effect until amended or revoked under proper
authority.)
section 635; title 18 sections 1956, 2516; title 26
section 5847; title 50 section 415; title 50 App.
sections 2410, 2410b, 2416.
/1/ So in original. There are two subpars. designated ''(B)''.
22 USC 2778a. Exportation of uranium depleted in the isotope 235
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Upon a finding that an export of uranium depleted in the isotope 235
is incorporated in defense articles or commodities solely to take
advantage of high density or pyrophoric characteristics unrelated to its
radioactivity, such exports shall be exempt from the provisions of the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and of the Nuclear
Non-Proliferation Act of 1978 (22 U.S.C. 3201 et seq.) when such exports
are subject to the controls established under the Arms Export Control
Act (22 U.S.C. 2751 et seq.) or the Export Administration Act of 1979
(50 App. U.S.C. 2401 et seq.).
(Pub. L. 96-533, title I, 110, Dec. 16, 1980, 94 Stat. 3138.)
The Atomic Energy Act of 1954, referred to in text, is act Aug. 30,
1954, ch. 1073, 68 Stat. 921, as amended, which is classified
generally to chapter 23 ( 2011 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of Title 42 and Tables.
The Nuclear Non-Proliferation Act of 1978, referred to in text, is
Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, as amended, which is
classified principally to chapter 47 ( 3201 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 3201 of this title and Tables.
The Arms Export Control Act, referred to in text, is Pub. L.
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified
principally to this chapter ( 2751 et seq.). For complete classification
of this Act to the Code, see Short Title note set out under section 2751
of this title and Tables.
The Export Administration Act of 1979, referred to in text, is Pub.
L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, which is
classified principally to sections 2401 et seq. of Title 50, Appendix,
War and National Defense. For complete classification of this Act to
the Code, see Short Title note set out under section 2401 of Title 50,
Appendix, and Tables.
Section was enacted as part of the International Security and
Development Cooperation Act of 1980, and not as part of the Arms Export
Control Act which comprises this chapter.
22 USC 2779. Fees of military sales agents
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Adequate and timely reports to Secretary of State; maintenance
of records
In accordance with such regulations as he may prescribe, the
Secretary of State shall require adequate and timely reporting on
political contributions, gifts, commissions and fees paid, or offered or
agreed to be paid, by any person in connection with --
(1) sales of defense articles or defense services under section 2762
of this title, or of design and construction services under section 2769
of this title; or
(2) commercial sales of defense articles or defense services licensed
or approved under section 2778 of this title;
to or for the armed forces of a foreign country or international
organization in order to solicit, promote, or otherwise to secure the
conclusion of such sales. Such regulations shall specify the amounts
and the kinds of payments, offers, and agreements to be reported, and
the form and timing of reports, and shall require reports on the names
of sales agents and other persons receiving such payments. The
Secretary of State shall by regulation require such recordkeeping as he
determines is necessary.
(b) Presidential regulation
The President may, by regulation, prohibit, limit, or prescribe
conditions with respect to such contributions, gifts, commissions, and
fees as he determines will be in furtherance of the purposes of this
chapter.
(c) Allocation to contract; improper influence
No such contribution, gift, commission, or fee may be included, in
whole or in part, in the amount paid under any procurement contract
entered into under section 2762 or section 2769 of this title, unless
the amount thereof is reasonable, allocable to such contract, and not
made to a person who has solicited, promoted, or otherwise secured such
sale, or has held himself out as being able to do so, through improper
influence. For the purposes of this section, ''improper influence''
means influence, direct or indirect, which induces or attempts to induce
consideration or action by any employee or officer of a purchasing
foreign government or international organization with respect to such
purchase on any basis other than such consideration of merit as are
involved in comparable United States procurements.
(d) Availability of records to Congress and Federal agencies
(1) All information reported to the Secretary of State and all
records maintained by any person pursuant to regulations prescribed
under this section shall be available, upon request, to any standing
committee of the Congress or any subcommittee thereof and to any agency
of the United States Government authorized by law to have access to the
books and records of the person required to submit reports or to
maintain records under this section.
(2) Access by an agency of the United States Government to records
maintained under this section shall be on the same terms and conditions
which govern the access by such agency to the books and records of the
person concerned.
(Pub. L. 90-629, ch. 3, 39, as added Pub. L. 94-329, title VI, 604(
b), June 30, 1976, 90 Stat. 767, and amended Pub. L. 96-533, title I,
105(e)(2), Dec. 16, 1980, 94 Stat. 3135.)
1980 -- Subsec. (a)(1). Pub. L. 96-533, 105(e)(2)(A), inserted
reference to sales of design and construction services under section
2769 of this title.
Subsec. (c). Pub. L. 96-533, 105(e)(2)(B), inserted reference to
section 2769 of this title.
Section effective 60 days after June 30, 1976, see section 604(c) of
Pub. L. 94-329, set out as note under section 2776 of this title.
Functions of President under subsec. (b) of this section delegated
to Secretary of State, with Secretary of State required to consult with
Secretary of Defense to avoid interference in application of Department
of Defense regulations to sales made under section 2762 of this title,
by section 1(m) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as
amended, set out as a note under section 2751 of this title.
22 USC 2780. Transactions with countries supporting acts of
international terrorism
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Prohibited transactions by United States Government
The following transactions by the United States Government are
prohibited:
(1) Exporting or otherwise providing (by sale, lease or loan, grant,
or other means), directly or indirectly, any munitions item to a country
described in subsection (d) of this section under the authority of this
chapter, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or
any other law (except as provided in subsection (h) of this section).
In implementing this paragraph, the United States Government --
(A) shall suspend delivery to such country of any such item pursuant
to any such transaction which has not been completed at the time the
Secretary of State makes the determination described in subsection (d)
of this section, and
(B) shall terminate any lease or loan to such country of any such
item which is in effect at the time the Secretary of State makes that
determination.
(2) Providing credits, guarantees, or other financial assistance
under the authority of this chapter, the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), or any other law (except as provided in
subsection (h) of this section), with respect to the acquisition of any
munitions item by a country described in subsection (d) of this section.
In implementing this paragraph, the United States Government shall
suspend expenditures pursuant to any such assistance obligated before
the Secretary of State makes the determination described in subsection
(d) of this section. The President may authorize expenditures otherwise
required to be suspended pursuant to the preceding sentence if the
President has determined, and reported to the Congress, that suspension
of those expenditures causes undue financial hardship to a supplier,
shipper, or similar person and allowing the expenditure will not result
in any munitions item being made available for use by such country.
(3) Consenting under section 2753(a) of this title, under section
505(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)), under
the regulations issued to carry out section 2778 of this title, or under
any other law (except as provided in subsection (h) of this section), to
any transfer of any munitions item to a country described in subsection
(d) of this section. In implementing this paragraph, the United States
Government shall withdraw any such consent which is in effect at the
time the Secretary of State makes the determination described in
subsection (d) of this section, except that this sentence does not apply
with respect to any item that has already been transferred to such
country.
(4) Providing any license or other approval under section 2778 of
this title for any export or other transfer (including by means of a
technical assistance agreement, manufacturing licensing agreement, or
coproduction agreement) of any munitions item to a country described in
subsection (d) of this section. In implementing this paragraph, the
United States Government shall suspend any such license or other
approval which is in effect at the time the Secretary of State makes the
determination described in subsection (d) of this section, except that
this sentence does not apply with respect to any item that has already
been exported or otherwise transferred to such country.
(5) Otherwise facilitating the acquisition of any munitions item by a
country described in subsection (d) of this section. This paragraph
applies with respect to activities undertaken --
(A) by any department, agency, or other instrumentality of the
Government,
(B) by any officer or employee of the Government (including members
of the United States Armed Forces), or
(C) by any other person at the request or on behalf of the
Government.
The Secretary of State may waive the requirements of the second
sentence of paragraph (1), the second sentence of paragraph (3), and the
second sentence of paragraph (4) to the extent that the Secretary
determines, after consultation with the Congress, that unusual and
compelling circumstances require that the United States Government not
take the actions specified in that sentence.
(b) Prohibited transactions by United States persons
(1) In general
A United States person may not take any of the following actions:
(A) Exporting any munitions item to any country described in
subsection (d) of this section.
(B) Selling, leasing, loaning, granting, or otherwise providing any
munitions item to any country described in subsection (d) of this
section.
(C) Selling, leasing, loaning, granting, or otherwise providing any
munitions item to any recipient which is not the government of or a
person in a country described in subsection (d) of this section if the
United States person has reason to know that the munitions item will be
made available to any country described in subsection (d) of this
section.
(D) Taking any other action which would facilitate the acquisition,
directly or indirectly, of any munitions item by the government of any
country described in subsection (d) of this section, or any person
acting on behalf of that government, if the United States person has
reason to know that that action will facilitate the acquisition of that
item by such a government or person.
(2) Liability for actions of foreign subsidiaries, etc.
A United States person violates this subsection if a corporation or
other person that is controlled in fact by that United States person (as
determined under regulations, which the President shall issue) takes an
action described in paragraph (1) outside the United States.
(3) Applicability to actions outside the United States
Paragraph (1) applies with respect to actions described in that
paragraph which are taken either within or outside the United States by
a United States person described in subsection (l)(3)(A) or (B) of this
section. To the extent provided in regulations issued under subsection
(l)(3)(D) of this section, paragraph (1) applies with respect to actions
described in that paragraph which are taken outside the United States by
a person designated as a United States person in those regulations.
(c) Transfers to governments and persons covered
This section applies with respect to --
(1) the acquisition of munitions items by the government of a country
described in subsection (d) of this section; and
(2) the acquisition of munitions items by any individual, group, or
other person within a country described in subsection (d) of this
section, except to the extent that subparagraph (D) of subsection (b)(
1) of this section provides otherwise.
(d) Countries covered by prohibition
The prohibitions contained in this section apply with respect to a
country if the Secretary of State determines that the government of that
country has repeatedly provided support for acts of international
terrorism.
(e) Publication of determinations
Each determination of the Secretary of State under subsection (d) of
this section shall be published in the Federal Register.
(f) Rescission
(1) A determination made by the Secretary of State under subsection
(d) of this section may not be rescinded unless the President submits to
the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate --
(A) before the proposed rescission would take effect, a report
certifying that --
(i) there has been a fundamental change in the leadership and
policies of the government of the country concerned;
(ii) that government is not supporting acts of international
terrorism; and
(iii) that government has provided assurances that it will not
support acts of international terrorism in the future; or
(B) at least 45 days before the proposed rescission would take
effect, a report justifying the rescission and certifying that --
(i) the government concerned has not provided any support for
international terrorism during the preceding 6-month period; and
(ii) the government concerned has provided assurances that it will
not support acts of international terrorism in the future.
(2)(A) No rescission under paragraph (1)(B) of a determination under
subsection (d) of this section may be made if the Congress, within 45
days after receipt of a report under paragraph (1)(B), enacts a joint
resolution the matter after the resolving clause of which is as follows:
''That the proposed rescission of the determination under section 40(d)
of the Arms Export Control Act pursuant to the report submitted to the
Congress on XXXXXXXXX is hereby prohibited.'', the blank to be completed
with the appropriate date.
(B) A joint resolution described in subparagraph (A) and introduced
within the appropriate 45-day period shall be considered in the Senate
and the House of Representatives in accordance with paragraphs (3)
through (7) of section 8066(c) of the Department of Defense
Appropriations Act (as contained in Public Law 98-473), except that
references in such paragraphs to the Committees on Appropriations of the
House of Representatives and the Senate shall be deemed to be references
to the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate, respectively.
(g) Waiver
The President may waive the prohibitions contained in this section
with respect to a specific transaction if --
(1) the President determines that the transaction is essential to the
national security interests of the United States; and
(2) not less than 15 days prior to the proposed transaction, the
President --
(A) consults with the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate;
and
(B) submits to the Speaker of the House of Representatives and the
chairman of the Committee on Foreign Relations of the Senate a report
containing --
(i) the name of any country involved in the proposed transaction, the
identity of any recipient of the items to be provided pursuant to the
proposed transaction, and the anticipated use of those items;
(ii) a description of the munitions items involved in the proposed
transaction (including their market value) and the actual sale price at
each step in the transaction (or if the items are transferred by other
than sale, the manner in which they will be provided);
(iii) the reasons why the proposed transaction is essential to the
national security interests of the United States and the justification
for such proposed transaction;
(iv) the date on which the proposed transaction is expected to occur;
and
(v) the name of every United States Government department, agency, or
other entity involved in the proposed transaction, every foreign
government involved in the proposed transaction, and every private party
with significant participation in the proposed transaction.
To the extent possible, the information specified in subparagraph (B)
of paragraph (2) shall be provided in unclassified form, with any
classified information provided in an addendum to the report.
(h) Exemption for transactions subject to National Security Act
reporting requirements
The prohibitions contained in this section do not apply with respect
to any transaction subject to reporting requirements under title V of
the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to
congressional oversight of intelligence activities).
(i) Relation to other laws
(1) In general
With regard to munitions items controlled pursuant to this chapter,
the provisions of this section shall apply notwithstanding any other
provision of law, other than section 614(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2364(a)).
(2) Section 614(a) waiver authority
If the authority of section 614(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2364(a)) is used to permit a transaction under that Act
(22 U.S.C. 2151 et seq.) or this chapter which is otherwise prohibited
by this section, the written policy justification required by that
section shall include the information specified in subsection (g)(2)(B)
of this section.
(j) Criminal penalty
Any person who willfully violates this section shall be fined for
each violation not more than $1,000,000, imprisoned not more than 10
years, or both.
(k) Civil penalties; enforcement
In the enforcement of this section, the President is authorized to
exercise the same powers concerning violations and enforcement which are
conferred upon departments, agencies, and officials by sections 11( c),
11(e), 11(g), and 12(a) of the Export Administration Act of 1979 (50
App. U.S.C. 2410(c), (e), (g), 2411(a)) (subject to the same terms and
conditions as are applicable to such powers under that Act (50 App.
U.S.C. 2401 et seq.)), except that, notwithstanding section 11(c) of
that Act, the civil penalty for each violation of this section may not
exceed $500,000.
(l) Definitions
As used in this section --
(1) the term ''munitions item'' means any item enumerated on the
United States Munitions list /1/ (without regard to whether the item is
imported into or exported from the United States);
(2) the term ''United States'', when used geographically, means the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and any
territory or possession of the United States; and
(3) the term ''United States person'' means --
(A) any citizen or permanent resident alien of the United States;
(B) any sole proprietorship, partnership, company, association, or
corporation having its principal place of business within the United
States or organized under the laws of the United States, any State, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, or any territory or possession of the
United States;
(C) any other person with respect to that person's actions while in
the United States; and
(D) to the extent provided in regulations issued by the Secretary of
State, any person that is not described in subparagraph (A), (B), or (C)
but --
(i) is a foreign subsidiary or affiliate of a United States person
described in subparagraph (B) and is controlled in fact by that United
States person (as determined in accordance with those regulations), or
(ii) is otherwise subject to the jurisdiction of the United States,
with respect to that person's actions while outside the United
States.
(Pub. L. 90-629, ch. 3, 40, as added Pub. L. 99-399, title V, 509(
a), Aug. 27, 1986, 100 Stat. 874, and amended Pub. L. 101-222, 2(a),
Dec. 12, 1989, 103 Stat. 1892; Pub. L. 102-138, title III, 321, Oct.
28, 1991, 105 Stat. 710.)
The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1),
(2) and (i)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, which is classified principally to chapter 32 ( 2151 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and Tables.
Section 40(d) of the Arms Export Control Act, referred to in subsec.
(f)(2)(A), is classified to subsec. (d) of this section.
Paragraphs (3) through (7) of section 8066(c) of the Department of
Defense Appropriations Act (as contained in Public Law 98-473), referred
to in subsec. (f)(2)(B), is Pub. L. 98-473, title I, 101(h) (title
VIII, 8066(c)(3)-(7)), Oct. 12, 1984, 98 Stat. 1904, 1936, 1937, which
is not classified to the Code.
The National Security Act of 1947, referred to in subsec. (h), is
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of the
National Security Act of 1947 is classified generally to subchapter III
( 413 et seq.) of chapter 15 of Title 50, War and National Defense. For
complete classification of this Act to the Code, see Short Title note
set out under section 401 of Title 50.
The Export Administration Act of 1979, referred to in subsec. (k), is
Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, which is
classified principally to section 2401 et seq. of Title 50, Appendix.
For complete classification of this Act to the Code, see Short Title
note set out under section 2401 of Title 50, Appendix, and Tables.
1991 -- Subsec. (f). Pub. L. 102-138, 321, designated existing
provisions as par. (1), redesignated former par. (1) as subpar. (A)
and former subpars. (A) to (C) as cls. (i) to (iii), respectively,
redesignated former par. (2) as subpar. (B) and former subpars. (A)
and (B) as cls. (i) and (ii), respectively, and added par. (2). So
much of Pub. L. 102-138, 321(1), as directed that subpar. (C) of
former par. (2) be redesignated cl. (iii) of par. (1)(B), could not
be executed because no such subpar. (C) had been enacted.
1989 -- Pub. L. 101-222 substituted ''Transactions with'' for
''Exports to'' in section catchline and amended text generally. Prior
to amendment, text read as follows:
''(a) Prohibition. -- Except as provided in subsection (b) of this
section, items on the United States Munitions List may not be exported
to any country which the Secretary of State has determined, for purposes
of section 6(j)(1)(A) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)(A)), has repeatedly provided support for acts of
international terrorism.
''(b) Waiver. -- The President may waive the prohibition contained in
subsection (a) of this section in the case of a particular export if the
President determines that the export is important to the national
interests of the United States and submits to the Congress a report
justifying that determination and describing the proposed export. Any
such waiver shall expire at the end of 90 days after it is granted
unless the Congress enacts a law extending the waiver.''
/1/ So in original. Probably should be capitalized.
22 USC SUBCHAPTER IV -- GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS
PROVISIONS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2791. General provisions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Considerations in procurement outside United States
In carrying out this chapter, special emphasis shall be placed on
procurement in the United States, but, subject to the provisions of
subsection (b) of this section, consideration shall also be given to
coproduction or licensed production outside the United States of defense
articles of United States origin when such production best serves the
foreign policy, national security, and economy of the United States. In
evaluating any sale proposed to be made pursuant to this chapter, there
shall be taken into consideration (1) the extent to which the proposed
sale damages or infringes upon licensing arrangements whereby United
States entities have granted licenses for the manufacture of the defense
articles selected by the purchasing country to entities located in
friendly foreign countries, which licenses result in financial returns
to the United States, (2) the portion of the defense articles so
manufactured which is of United States origin, and (3) in coordination
with the Director of the United States Arms Control and Disarmament
Agency, the Director's opinion as to the extent to which such sale might
contribute to an arms race, or increase the possibility of outbreak or
escalation of conflict, or prejudice the development of bilateral or
multilateral arms control arrangements.
(b) Information to Congress on credit sales and guaranties
No credit sale shall be extended under section 2763 of this title,
and no guarantee shall be issued under section 2764 of this title, in
any case involving coproduction or licensed, production outside the
United States of any defense article of United States origin unless the
Secretary of State shall, in advance of any such transaction, advise the
appropriate committees of the Congress and furnish the Speaker of the
House of Representatives and the President of the Senate with full
information regarding the proposed transaction, including, but not
limited to, a description of the particular defense article or articles
which would be produced under a license or coproduced outside the United
States, the estimated value of such production or coproduction, and the
probable impact of the proposed transaction on employment and production
within the United States.
(c) Availability of funds for procurement outside United States
Funds made available under this chapter may be used for procurement
outside the United States only if the President determines that such
procurement will not result in adverse effects upon the economy of the
United States or the industrial mobilization base, with special
reference to any areas of labor surplus or to the net position of the
United States in its balance of payments with the rest of the world,
which outweigh the economic or other advantages to the United States of
less costly procurement outside the United States.
(d) Responsibility of Secretary of Defense with respect to sales and
guaranties
(1) With respect to sales and guaranties under sections 2761, 2762,
2763, 2764, 2769 and 2770 of this title, the Secretary of Defense shall,
under the direction of the President, have primary responsibility for --
(A) the determination of military end-item requirements;
(B) the procurement of military equipment in a manner which permits
its integration with service programs;
(C) the supervision of the training of foreign military personnel;
(D) the movement and delivery of military end-items; and
(E) within the Department of Defense, the performance of any other
functions with respect to sales and guaranties.
(2) The establishment of priorities in the procurement, delivery, and
allocation of military equipment shall, under the direction of the
President, be determined by the Secretary of Defense.
(e) Revocation and suspension provisions of contracts for sale and
export licenses; appropriations for refunds
(1) Each contract for sale entered into under sections 2761, 2762,
2769 and 2770 of this title, and each contract entered into under
section 2767(d) of this title, shall provide that such contract may be
canceled in whole or in part, or its execution suspended, by the United
States at any time under unusual or compelling circumstances if the
national interest so requires.
(2)(A) Each export license issued under section 2778 of this title
shall provide that such license may be revoked, suspended, or amended by
the Secretary of State, without prior notice, whenever the Secretary
deems such action to be advisable.
(B) Nothing in this paragraph may be construed as limiting the
regulatory authority of the President under this chapter.
(3) There are authorized to be appropriated from time to time such
sums as may be necessary (A) to refund moneys received from purchasers
under contracts of sale entered into under sections 2761, 2762, 2769 and
2770 of this title, or under contracts entered into under section
2767(d) of this title, that are canceled or suspended under this
subsection to the extent such moneys have previously been disbursed to
private contractors and United States Government agencies for work in
progress, and (B) to pay such damages and costs that accrue from the
corresponding cancellation or suspension of the existing procurement
contracts or United States Government agency work orders involved.
(f) Use of civilian contract personnel in foreign countries
The President shall, to the maximum extent possible and consistent
with the purposes of this chapter, use civilian contract personnel in
any foreign country to perform defense services sold under this chapter.
(Pub. L. 90-629, ch. 4, 42, Oct. 22, 1968, 82 Stat. 1326; Pub. L.
92-226, pt. IV, 401(e), (f), Feb. 7, 1972, 86 Stat. 33; Pub. L.
94-141, title I, 150(b), Nov. 29, 1975, 89 Stat. 760; Pub. L. 94-329,
title II, 213, title VI, 605(b), June 30, 1976, 90 Stat. 745, 768; Pub.
L. 96-533, title I, 105(e)(3), Dec. 16, 1980, 94 Stat. 3135; Pub. L.
97-392, 2, Dec. 29, 1982, 96 Stat. 1963; Pub. L. 99-83, title I, 115(
b)(3), Aug. 8, 1985, 99 Stat. 201; Pub. L. 99-145, title XI, 1102(a)(
4), (5), Nov. 8, 1985, 99 Stat. 710; Pub. L. 99-661, div. A, title
XIII, 1342(e), Nov. 14, 1986, 100 Stat. 3991.)
1986 -- Subsec. (e)(1), (3). Pub. L. 99-661 repealed section 1102(
a)(4) of Pub. L. 99-145 and the amendments made by that section, and
provided that this section shall apply as if that section had never been
enacted. See 1985 Amendments note below.
1985 -- Subsec. (e)(1), (3). Pub. L. 99-83 inserted reference to
contracts under section 2767(d) of this title.
Pub. L. 99-145, 1102(a)(4), which enacted amendments similar to those
provided in Pub. L. 99-83, was repealed. See 1986 Amendments note
below and former section 1102(a)(5) of Pub. L. 99-145 set out as a
Repeals; Effective Date note under section 2752 of this title.
1982 -- Subsecs. (d)(1), (e)(1), (3)(A). Pub. L. 97-392 substituted
''2769 and 2770'' for ''and 2769''.
1980 -- Subsecs. (d)(1), (e)(1), (3). Pub. L. 96-533, 105(e)(3),
inserted reference to section 2769 of this title.
1976 -- Subsec. (e). Pub. L. 94-329, 213, added subsec. (e).
Subsec. (f). Pub. L. 94-329, 605(b), added subsec. (f).
1975 -- Subsec. (a)(3). Pub. L. 94-141 inserted provision relating
to coordination with the Director of the United States Arms Control and
Disarmament Agency.
1972 -- Subsec. (a). Pub. L. 92-226, 401(e), (f)(1), added cl. (3)
and inserted '', subject to the provisions of subsection (b) of this
section,'' before ''consideration shall also be given'', respectively.
Subsecs. (b) to (d). Pub. L. 92-226, 401(f)(2), added subsec. (b)
and redesignated former subsecs. (b) and (c) as (c) and (d).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Functions of President under subsecs. (c) and (f) of this section
delegated to Secretary of Defense, with concurrence of Secretary of
State and Secretary of the Treasury required for any determination
proposed under subsec. (c) of this section, by section 1(n) of Ex.
Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as amended, set out as a
note under section 2751 of this title.
22 USC 2792. Administrative expenses
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Availability of funds
Funds made available under other law for the operations of United
States Government agencies carrying out functions under this chapter
shall be available for the administrative expenses incurred by such
agencies under this chapter.
(b) Charges for administrative expenses and official reception and
representation expenses
Charges for administrative services calculated under section 2761(
e)(1)(A) of this title shall include recovery of administrative expenses
and official reception and representation expenses incurred by any
department or agency of the United States Government, including any
mission or group thereof, in carrying out functions under this chapter
when --
(1) such functions are primarily for the benefit of any foreign
country;
(2) such expenses are not directly and fully charged to, and
reimbursed from amounts received for, sale of defense services under
section 2761(a) of this title; and
(3) such expenses are neither salaries of the Armed Forces of the
United States nor represent unfunded estimated costs of civilian
retirement and other benefits.
(c) Limitations on funds used for official reception and
representation expenses
Not more than $72,500 of the funds derived from charges for
administrative services pursuant to section 2761(e)(1)(A) of this title
may be used each fiscal year for official reception and representation
expenses.
(Pub. L. 90-629, ch. 4, 43, Oct. 22, 1968, 82 Stat. 1327; Pub. L.
94-329, title II, 214, June 30, 1976, 90 Stat. 746; Pub. L. 95-92, 7(
d), Aug. 4, 1977, 91 Stat. 617; Pub. L. 96-92, 19(b), Oct. 29, 1979, 93
Stat. 709; Pub. L. 97-113, title VII, 734(a)(10), Dec. 29, 1981, 95
Stat. 1560; Pub. L. 99-83, title I, 120, Aug. 8, 1985, 99 Stat. 204;
Pub. L. 101-165, title IX, 9104(b)(1), Nov. 21, 1989, 103 Stat. 1152.)
1989 -- Subsec. (b)(3). Pub. L. 101-165 added par. (3).
1985 -- Subsec. (b). Pub. L. 99-83, 120(1), inserted ''and official
reception and representation expenses''.
Subsec. (c). Pub. L. 99-83, 120(2), added subsec. (c).
1981 -- Subsec. (c). Pub. L. 97-113 struck out subsec. (c) which
required a Presidential report to Congress no later than Jan. 15 of
each year containing analysis and description of Federal personnel arms
export control services performed previous fiscal year. See section
2765(a)(6) of this title.
1979 -- Subsec. (c). Pub. L. 96-92 added subsec. (c).
1977 -- Subsec. (b). Pub. L. 95-92 substituted provisions relating
to criteria for recovery of charges for administrative expenses
calculated under section 2761(e)(1)(A) of this title, for provisions
relating to reimbursement from amounts received for sales under sections
2761 and 2762 of this title of administrative expenses incurred by a
United States government department or agency in carrying out functions
under this chapter for the benefit of any foreign country.
1976 -- Pub. L. 94-329 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
22 USC 2793. Other provisions unaffected
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
No provision of this chapter shall be construed as modifying in any
way the provisions of the Atomic Energy Act of 1954, as amended (42 U.
S.C. 2011 et seq.), or section 7307 of title 10.
(Pub. L. 90-629, ch. 4, 44, Oct. 22, 1968, 82 Stat. 1327.)
The Atomic Energy Act of 1954, as amended, referred to in text, is
act Aug. 30, 1954, ch. 1073, 1, 68 Stat. 921, as amended, which is
classified principally to chapter 23 ( 2011 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 2011 of Title 42
and Tables.
Except for laws specified in this section, other provisions
inapplicable to this chapter without a specific reference thereto or to
sales of defense articles and defense services under any Act, see
section 45(c) of Pub. L. 90-629, set out as a note under section 2751
of this title.
22 USC 2794. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
For purposes of this chapter, the term --
(1) ''excess defense article'' has the meaning provided by section
2403(g) of this title;
(2) ''value'' means, in the case of an excess defense article, except
as otherwise provided in section 2761(a) of this title,, /1/ not less
than the greater of --
(A) the gross cost incurred by the United States Government in
repairing, rehabilitating, or modifying such article, plus the scrap
value; or
(B) the market value, if ascertainable;
(3) ''defense article'', except as provided in paragraph (7) of this
section, includes --
(A) any weapon, weapons system, munition, aircraft, vessel, boat, or
other implement of war,
(B) any property, installation, commodity, material, equipment,
supply, or goods used for the purposes of making military sales,
(C) any machinery, facility, tool, material, supply, or other item
necessary for the manufacture, production, processing, repair,
servicing, storage, construction, transportation, operation, or use of
any article listed in this paragraph, and
(D) any component or part of any article listed in this paragraph,
but does not include merchant vessels or (as defined by the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.)) source material (except
uranium depleted in the isotope 235 which is incorporated in defense
articles solely to take advantage of high density or pyrophoric
characteristics unrelated to radioactivity), byproduct material, special
nuclear material, production facilities, utilization facilities, or
atomic weapons or articles involving Restricted Data;
(4) ''defense service'', except as provided in paragraph (7) of this
section, includes any service, test, inspection, repair, training,
publication, technical or other assistance, or defense information (as
defined in section 2403(e) of this title), used for the purposes of
making military sales, but does not include design and construction
services under section 2769 of this title;
(5) ''training'' includes formal or informal instruction of foreign
students in the United States or overseas by officers or employees of
the United States, contract technicians, or contractors (including
instruction at civilian institutions), or by correspondence courses,
technical, educational, or information publications and media of all
kinds, training aid, orientation, training exercise, and military advice
to foreign military units and forces;
(6) ''major defense equipment'' means any item of significant
military equipment on the United States Munitions List having a
nonrecurring research and development cost of more than $50,000,000 or a
total production cost of more than $200,000,000;
(7) ''defense articles and defense services'' means, with respect to
commercial exports subject to the provisions of section 2778 of this
title, those items designated by the President pursuant to subsection
(a)(1) of such section; and
(8) ''design and construction services'' means, with respect to sales
under section 2769 of this title, the design and construction of real
property facilities, including necessary construction equipment and
materials, engineering services, construction contract management
services relating thereto, and technical advisory assistance in the
operation and maintenance of real property facilities provided or
performed by any department or agency of the Department of Defense or by
a contractor pursuant to a contract with such department or agency.
(Pub. L. 90-629, ch. 4, 47, as added Pub. L. 93-189, 25(12), Dec.
17, 1973, 87 Stat. 731, and amended Pub. L. 94-329, title II, 215, June
30, 1976, 90 Stat. 746; Pub. L. 96-92, 22, Oct. 29, 1979, 93 Stat.
710; Pub. L. 96-533, title I, 105(f), Dec. 16, 1980, 94 Stat. 3135;
Pub. L. 99-83, title I, 107(b), title XII, 1211(b)(3), Aug. 8, 1985, 99
Stat. 197, 279.)
The Atomic Energy Act of 1954, as amended, referred to in par. (3),
is act Aug. 30, 1954, ch. 1073, 1, 68 Stat. 921, as amended, which is
classified principally to chapter 23 ( 2011 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 2011 of Title 42
and Tables.
1985 -- Par. (2). Pub. L. 99-83, 107(b), inserted '', except as
otherwise provided in section 2761(a) of this title,''.
Par. (6). Pub. L. 99-83, 1211(b)(3), substituted ''military'' for
''combat''.
1980 -- Par. (4). Pub. L. 96-533, 105(f)(1), excluded from term
''defense service'' design and construction services under section 2769
of this title.
Par. (8). Pub. L. 96-533, 105(f)(2)-(4), added par. (8).
1979 -- Par. (3). Pub. L. 96-92 defined ''defense article'' to
include uranium depleted in the isotope 235 which is incorporated in
defense articles solely to take advantage of high density or pyrophoric
characteristics unrelated to radioactivity.
1976 -- Pars. (3) to (7). Pub. L. 94-329 added pars. (3) to (7).
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
/1/ So in original.
22 USC SUBCHAPTER V -- SPECIAL DEFENSE ACQUISITION FUND
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2795. Fund
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment; purposes; special requirements and
responsibilities; continuous orders for certain articles and services;
articles for narcotics control purposes
(1) Under the direction of the President and in consultation with the
Secretary of State, the Secretary of Defense shall establish a Special
Defense Acquisition Fund (hereafter in this subchapter referred to as
the ''Fund''), to be used as a revolving fund separate from other
accounts, under the control of the Department of Defense, to finance the
acquisition of defense articles and defense service in anticipation of
their transfer pursuant to this chapter, the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), or as otherwise authorized by law, to
eligible foreign countries and international organizations, and may
acquire such articles and services with the funds in the Fund as he may
determine. Acquisition under this subchapter of items for which the
initial issue quantity requirements for United States Armed Forces have
not been fulfilled and are not under current procurement contract shall
be emphasized when compatible with security assistance requirements for
the transfer of such items.
(2) Nothing in this subchapter may be construed to limit or impair
any responsibilities conferred upon the Secretary of State or the
Secretary of Defense under this chapter or the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.).
(3) The Fund may be used to keep on continuous order such defense
articles and defense services as are assigned by the Department of
Defense for integrated management by a single agency thereof for the
common use of all military departments in anticipation of the transfer
of similar defense articles and defense services to foreign countries
and international organizations pursuant to this chapter, the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or other law.
(4)(A) The Fund shall also be used to acquire defense articles that
are particularly suited for use for narcotics control purposes and are
appropriate to the needs of recipient countries, such as small boats,
planes (including helicopters), and communications equipment.
(B) Each report pursuant to section 2795b(a) of this title shall
designate the defense articles that have been acquired or are to be
acquired pursuant to this paragraph and the defense articles acquired
under this subchapter that were transferred for use in narcotics control
purposes.
(b) Collections in Fund
The Fund shall consist of --
(1) collections from sales made under letters of offer issued
pursuant to section 2761(a)(1)(A) of this title representing the actual
value of defense articles not intended to be replaced in stock,
(2) collections from sales representing the value of asset use
charges (including contractor rental payments for United States
Government-owned plant and production equipment) and charges for the
proportionate recoupment of nonrecurring research, development, and
production costs, and
(3) collections from sales made under letters of offer (or transfers
made under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.))
of defense articles and defense services acquired under this subchapter,
representing the value of such items calculated in accordance with
subparagraph (B) or (C) of section 2761(a)(1) of this title or section
2762 of this title or section 644(m) of the Foreign Assistance Act of
1961 (22 U.S.C. 2403(m)), as appropriate,
together with such funds as may be authorized and appropriated or
otherwise made available for the purposes of the Fund.
(c) Amounts
(1) The size of the Fund may not exceed such dollar amount as is
prescribed in section 114(c) of title 10. For purposes of this
limitation, the size of the Fund is the amounts in the Fund plus the
value (in terms of acquisition cost) of the defense articles acquired
under this subchapter which have not been transferred from the Fund in
accordance with this subchapter.
(2) Amounts in the Fund shall be available for obligation in any
fiscal year only to such extent or in such amounts as are provided in
advance in appropriation Acts.
(Pub. L. 90-629, ch. 5, 51, as added Pub. L. 97-113, title I, 108(
a), Dec. 29, 1981, 95 Stat. 1522, and amended Pub. L. 99-83, title I,
121, Aug. 8, 1985, 99 Stat. 204; Pub. L. 99-139, 1(a), Oct. 30, 1985,
99 Stat. 562; Pub. L. 99-433, title I, 110(h)(1), Oct. 1, 1986, 100
Stat. 1004; Pub. L. 101-231, 4, Dec. 13, 1989, 103 Stat. 1957.)
The Foreign Assistance Act of 1961, referred to in subsecs. (a) and
(b)(3), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
which is classified principally to chapter 32 ( 2151 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
1989 -- Subsec. (a)(4). Pub. L. 101-231 added par. (4).
1986 -- Subsec. (c)(1). Pub. L. 99-433 substituted ''section 114(
c)'' for ''section 138(g)''.
1985 -- Subsec. (a)(3). Pub. L. 99-83, 121(a), added par. (3).
Subsec. (b). Pub. L. 99-139 amended subsec. (b) generally, so as to
read similar to how it read prior to the amendment by Pub. L. 99-83.
Pub. L. 99-83 amended subsec. (b) to read as follows: ''The Fund
shall consist of collections from sales made under letters of offer, or
transfers made under the Foreign Assistance Act of 1961, of defense
articles and defense services acquired under this subchapter
(representing the value of such items calculated in accordance with
subparagraph (B) or (C) of section 2761(a)(1) of this title or section
2762 of this title or section 644(m) of the Foreign Assistance Act of
1961, as appropriate), together with such funds as may be authorized and
appropriated or otherwise made available for the purposes of the Fund.''
Section 1(b) of Pub. L. 99-139 provided that: ''The amendment made
by subsection (a) (amending this section) shall take effect as of
October 1, 1985.''
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
22 USC 2795a. Use and transfer of items procured by Fund
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization
No defense article or defense service acquired by the Secretary of
Defense under this subchapter may be transferred to any foreign country
or international organization unless such transfer is authorized by this
chapter, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or
other law.
(b) Temporary use
The President may authorize the temporary use by the United States
Armed Forces of defense articles and defense services acquired under
this subchapter prior to their transfer to a foreign country or
international organization, if such is necessary to meet national
defense requirements and the United States Armed Forces bear the costs
of operation and maintenance of such articles or services while in their
use and the costs of restoration or replacement upon the termination of
such use.
(c) Storage, maintenance and other costs
Except as provided in subsection (b) of this section, the Fund may be
used to pay for storage, maintenance, and other costs related to the
preservation and preparation for transfer of defense articles and
defense services acquired under this subchapter prior to their transfer,
as well as the administrative costs of the Department of Defense
incurred in the acquisition of such items to the extent not reimbursed
pursuant to section 2792(b) of this title.
(Pub. L. 90-629, ch. 5, 52, as added Pub. L. 97-113, title I, 108(
a), Dec. 29, 1981, 95 Stat. 1523.)
The Foreign Assistance Act of 1961, referred to in subsec. (a), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is
classified principally to chapter 32 ( 2151 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
Functions of President under subsec. (b) of this section delegated
to Secretary of Defense by section 1(o) of Ex. Ord. No. 11958, Jan.
18, 1977, 42 F.R. 4311, as amended, set out as a note under section 2751
of this title.
22 USC 2795b. Annual reports to Congress
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Comprehensive report on acquisitions of defense articles and
services
Not later than December 31 of each year, the President shall submit
to the Congress a comprehensive report on acquisitions of defense
articles and defense services under this subchapter. Each such report
shall include --
(1) a description of each contract for the acquisition of defense
articles or defense services under this subchapter which was entered
into during the preceding fiscal year;
(2) a description of each contract for the acquisition of defense
articles or defense services under this subchapter which the President
anticipates will be entered into during the current fiscal year;
(3) a description of each defense article or defense service acquired
under this subchapter which was transferred to a foreign country or
international organization during the preceding fiscal year; and
(4) an evaluation of the impact of the utilization of the authority
of this subchapter on United States defense production and the readiness
of the United States Armed Forces.
(b) Estimate of likely procurements to be made through Fund
As part of the annual written report to the Congress required by
section 2431(a) of title 10, regarding procurement schedules for each
weapon system for which funding authorization is required, the President
shall provide a report estimating the likely procurements to be made
through the Fund.
(Pub. L. 90-629, ch. 5, 53, as added Pub. L. 97-113, title I, 108(
a), Dec. 29, 1981, 95 Stat. 1524, and amended Pub. L. 99-433, title I,
110(h)(2), Oct. 1, 1986, 100 Stat. 1004.)
1986 -- Subsec. (b). Pub. L. 99-433 substituted ''section 2431(a)''
for ''section 139(a)''.
Functions of President under this section delegated to Secretary of
Defense by section 1(o) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R.
4311, as amended, set out as a note under section 2751 of this title.
22 USC SUBCHAPTER VI -- LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY
FOR COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2796. Leasing authority
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Preconditions
The President may lease defense articles in the stocks of the
Department of Defense to an eligible foreign country or international
organization if --
(1) he determines that there are compelling foreign policy and
national security reasons for providing such articles on a lease basis
rather than on a sales basis under this chapter;
(2) he determines that the articles are not for the time needed for
public use; and
(3) the country or international organization has agreed to pay in
United States dollars all costs incurred by the United States Government
in leasing such articles, including reimbursement for depreciation of
such articles while leased, the costs of restoration or replacement if
the articles are damaged while leased, and the replacement cost (less
any depreciation in the value) of the articles if the articles are lost
or destroyed while leased.
The requirement of paragraph (3) shall not apply to leases entered
into for purposes of cooperative research or development, military
exercises, or communications or electronics interface projects, or to
any defense article which has passed three-quarters of its normal
service life. The President may waive the requirement of paragraph (3)
with respect to a lease which is made in exchange with the lessee for a
lease on substantially reciprocal terms of defense articles for the
Department of Defense, except that this waiver authority --
(A) may be exercised only if the President submits to the Committee
on Foreign Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee
on Appropriations of the Senate, in accordance with the regular
notification procedures of those Committees, a detailed notification for
each lease with respect to which the authority is exercised; and
(B) may be exercised only during the fiscal year 1991 and only with
respect to one country, unless the Congress hereafter provides
otherwise.
The preceding sentence does not constitute authorization of
appropriations for payments by the United States for leased articles.
(b) Duration; termination
Each lease agreement under this section shall be for a fixed duration
of not to exceed five years and shall provide that, at any time during
the duration of the lease, the President may terminate the lease and
require the immediate return of the leased articles.
(c) Applicable statutory authorities
Defense articles in the stocks of the Department of Defense may be
leased or loaned to a foreign country or international organization only
under the authority of this subchapter or chapter 2 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.), and may not be
leased to a foreign country or international organization under the
authority of section 2667 of title 10.
(Pub. L. 90-629, ch. 6, 61, as added Pub. L. 97-113, title I, 109(
a), Dec. 29, 1981, 95 Stat. 1524, and amended Pub. L. 99-500, 147, Oct.
18, 1986, 100 Stat. 1783-351, and Pub. L. 99-591, 147, Oct. 30, 1986,
100 Stat. 3341-354; Pub. L. 100-202, 101(e) (title V, 556), Dec. 22,
1987, 101 Stat. 1329-131, 1329-170; Pub. L. 100-461, title V, 552, Oct.
1, 1988, 102 Stat. 2268-35; Pub. L. 101-167, title V, 550, Nov. 21,
1989, 103 Stat. 1235; Pub. L. 101-513, title V, 546, Nov. 5, 1990, 104
Stat. 2019.)
The Foreign Assistance Act of 1961, referred to in subsec. (c), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 2 of
part II of that Act is classified generally to part II ( 2311 et seq.)
of subchapter II of this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 2151 of this
title and Tables.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1990 -- Subsec. (a). Pub. L. 101-513 substituted ''1991'' for
''1990'' in par. (B).
1989 -- Subsec. (a). Pub. L. 101-167 substituted ''1990'' for
''1989'' in par. (B).
1988 -- Subsec. (a). Pub. L. 100-461 substituted ''1989'' for
''1988'' in par. (B).
1987 -- Subsec. (a). Pub. L. 100-202 substituted ''1988'' for
''1987'' in par. (B).
1986 -- Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591 inserted
provision authorizing the President to waive the requirements of par.
(3) with respect to a lease which is made in exchange with the lessee
for a lease on substantially reciprocal terms of defense articles for
the Department of Defense and providing exceptions to such waiver
authority.
Functions of President under this section delegated to Secretary of
Defense by section 1(p) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R.
4311, as amended, set out as a note under section 2751 of this title.
22 USC 2796a. Reports to Congress
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Written certification to Speaker of the House and chairmen of
Congressional committees
Not less than 30 days before entering into or renewing any agreement
with a foreign country or international organization to lease any
defense article under this subchapter, or to loan any defense article
under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.
S.C. 2311 et seq.), for a period of one year or longer, the President
shall transmit to the Speaker of the House of Representatives, and to
the chairman of the Committee on Foreign Relations of the Senate and the
chairman of the Committee on Armed Services of the Senate, a written
certification which specifies --
(1) the country or international organization to which the defense
article is to be leased or loaned;
(2) the type, quantity, and value (in terms of replacement cost) of
the defense article to be leased or loaned;
(3) the terms and duration of the lease or loan; and
(4) a justification for the lease or loan, including an explanation
of why the defense article is being leased or loaned rather than sold
under this chapter.
(b) Waiver; determination of emergency
The President may waive the requirements of this section (and in the
case of an agreement described in section 2796b of this title, may waive
the provisions of that section) if he determines, and immediately
reports to the Congress, that an emergency exists which requires that
the lease or loan be entered into immediately in the national security
interests of the United States.
(Pub. L. 90-629, ch. 6, 62, as added Pub. L. 97-113, title I, 109(
a), Dec. 29, 1981, 95 Stat. 1525.)
The Foreign Assistance Act of 1961, referred to in subsec. (a), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 2 of
part II of that Act is classified generally to part II ( 2311 et seq.)
of subchapter II of this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 2151 of this
title and Tables.
Functions of President under subsec. (a) of this section delegated
to Secretary of Defense by section 1(p) of Ex. Ord. No. 11958, Jan.
18, 1977, 42 F.R. 4311, as amended, set out as a note under section 2751
of this title.
22 USC 2796b. Legislative review procedures
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Applicability
(1) In the case of any agreement involving the lease under this
subchapter, or the loan under chapter 2 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2311 et seq.), to any foreign country
or international organization for a period of one year or longer of any
defense articles which are either (i) major defense equipment valued (in
terms of its replacement cost less any depreciation in its value) at
$14,000,000 or more, or (ii) defense articles valued (in terms of their
replacement cost less any depreciation in their value) at $50,000,000 or
more, the agreement may not be entered into or renewed if the Congress,
within 30 calendar days after receiving the certification with respect
to that proposed agreement pursuant to section 2796a(a) of this title,
enacts a joint resolution prohibiting the proposed lease or loan.
(2) This section shall not apply with respect to a loan or lease to
the North Atlantic Treaty Organization, any member country of that
Organization, Japan, Australia, or New Zealand.
(b) Consideration of resolution
Any joint resolution under subsection (a) of this section shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976.
(c) Highly privileged nature of resolution
For the purpose of expediting the consideration and enactment of
joint resolutions under subsection (a) of this section, a motion to
proceed to the consideration of any such joint resolution after it has
been reported by the appropriate committee shall be treated as highly
privileged in the House of Representatives.
(Pub. L. 90-629, ch. 6, 63, as added Pub. L. 97-113, title I, 109(
a), Dec. 29, 1981, 95 Stat. 1525, and amended Pub. L. 99-247, 1(d), Feb.
12, 1986, 100 Stat. 9.)
The Foreign Assistance Act of 1961, referred to in subsec. (a)(1), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 2 of
part II of that Act is classified generally to part II ( 2311 et seq.)
of subchapter II of this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 2151 of this
title and Tables.
Section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976, referred to in subsec. (b), is section
601(b) of Pub. L. 94-329, June 30, 1976, 90 Stat. 765, which made
provision for expedited procedures in the Senate, and was not classified
to the Code.
1986 -- Subsec. (a)(1). Pub. L. 99-247, 1(d)(1), substituted
''enacts a joint resolution prohibiting'' for ''adopts a concurrent
resolution stating that it objects to''.
Subsec. (b). Pub. L. 99-247, 1(d)(2), inserted ''joint'' before
''resolution''.
Subsec. (c). Pub. L. 99-247, 1(d)(3), substituted ''enactment of
joint resolutions'' for ''adoption of concurrent resolutions'' and
''such joint resolution'' for ''such resolution''.
22 USC 2796c. Applicability of other statutory provisions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Any reference to sales of defense articles under this chapter in any
provision of law restricting the countries or organizations to which
such sales may be made shall be deemed to include a reference to leases
of defense articles under this subchapter.
(Pub. L. 90-629, ch. 6, 64, as added Pub. L. 97-113, title I, 109(
a), Dec. 29, 1981, 95 Stat. 1526.)
22 USC 2796d. Loan of materials, supplies, and equipment for research
and development purposes
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Loan or gift transactions; written agreement; covered programs
(1) Except as provided in subsection (c) of this section, the
Secretary of Defense may loan to a country that is a NATO or major
non-NATO ally materials, supplies, or equipment for the purpose of
carrying out a program of cooperative research, development, testing, or
evaluation. The Secretary may accept as a loan or a gift from a country
that is a NATO or major non-NATO ally materials, supplies, or equipment
for such purpose.
(2) Each loan or gift transaction entered into by the Secretary under
this section shall be provided for under the terms of a written
agreement between the Secretary and the country concerned.
(3) A program of testing or evaluation for which the Secretary may
loan materials, supplies, or equipment under this section includes a
program of testing or evaluation conducted solely for the purpose of
standardization, interchangeability, or technical evaluation if the
country to which the materials, supplies, or equipment are loaned agrees
to provide the results of the testing or evaluation to the United States
without charge.
(b) Reimbursement of consumed materials, etc.
The materials, supplies, or equipment loaned to a country under this
section may be expended or otherwise consumed in connection with any
testing or evaluation program without a requirement for reimbursement of
the United States if the Secretary --
(1) determines that the success of the research, development, test,
or evaluation depends upon expending or otherwise consuming the
materials, supplies, or equipment loaned to the country; and
(2) approves of the expenditure or consumption of such materials,
supplies, or equipment.
(c) Prohibitions
The Secretary of Defense may not loan to a country under this section
any material if the material is a strategic and critical material and
if, at the time the loan is to be made, the quantity of the material in
the National Defense Stockpile (provided for under section 98b of title
50) is less than the quantity of such material to be stockpiled, as
determined by the President under section 98b(a) of title 50.
(d) ''NATO or major non-NATO ally'' defined
For purposes of this section, the term ''NATO or major non-NATO
ally'' means a member country of the North Atlantic Treaty Organization
(other than the United States) or a foreign country other than a member
nation of NATO designated as a major non-NATO ally under section 2350a(
i)(3) of title 10.
(Pub. L. 90-629, ch. 6, 65, as added Pub. L. 100-456, div. A, title
X, 1003(a), Sept. 29, 1988, 102 Stat. 2038, and amended Pub. L. 102-25,
title VII, 705(d)(2), Apr. 6, 1991, 105 Stat. 120.)
1991 -- Subsec. (d). Pub. L. 102-25 substituted ''section 2350a(i)(
3) of title 10'' for ''section 2767a of this title''.
22 USC SUBCHAPTER VII -- CONTROL OF MISSILES AND MISSILE EQUIPMENT OR
TECHNOLOGY
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
2410b.
22 USC 2797. Licensing
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment of list of controlled items
The Secretary of State, in consultation with the Secretary of Defense
and the heads of other appropriate departments and agencies, shall
establish and maintain, as part of the United States Munitions List, a
list of all items on the MTCR Annex the export of which is not
controlled under section 2405(l) of title 50, Appendix.
(b) Referral of license applications
(1) A determination of the Secretary of State to approve a license
for the export of an item on the list established under subsection (a)
of this section may be made only after the license application is
referred to the Secretary of Defense.
(2) Within 10 days after a license is issued for the export of an
item on the list established under subsection (a) of this section, the
Secretary of State shall provide to the Secretary of Defense and the
Secretary of Commerce the license application and accompanying documents
issued to the applicant, to the extent that the relevant Secretary
indicates the need to receive such application and documents.
(c) Information sharing
The Secretary of State shall establish a procedure for sharing
information with appropriate officials of the intelligence community, as
determined by the Director of Central Intelligence, and with other
appropriate Government agencies, that will ensure effective monitoring
of transfers of MTCR equipment or technology and other missile
technology.
(Pub. L. 90-629, ch. 7, 71, as added Pub. L. 101-510, div. A, title
XVII, 1703, Nov. 5, 1990, 104 Stat. 1745.)
Memorandum of President of the United States, June 25, 1991, 56 F.R.
31041, provided:
Memorandum for the Secretary of State, the Secretary of the Treasury,
the Secretary of Defense, (and) the Secretary of Commerce
By virtue of the authority vested in me by the Constitution and laws
of the United States of America, including section 301 of title 3,
United States Code, and sections 1701-1704 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510) (the Act)
(enacting sections 2797 to 2797c of this title and section 2410b of
Title 50, Appendix, War and National Defense, amending section 2405 of
Title 50, Appendix, and enacting provisions set out as notes under
section 2797 of this title and section 2402 of Title 50, Appendix), I
hereby make the following delegations:
1. The authority and duties vested in me by sections 72 and 73 of the
Arms Export Control Act (22 U.S.C. 2797a and (2797)b) and section 1704
of the Act (22 U.S.C. 2797 note) are delegated to the Secretary of
State, except that:
a. The authority vested in me to make determinations with respect to
violations by U.S. persons of the Export Administration Act of 1979 (50
App. U.S.C. 2401 et seq.) under section 72(a)(1) is delegated to the
Secretary of Commerce.
b. The authority vested in me to deny certain U.S. Government
contracts as provided in sections 73(a)(2)(A)(i) and 73(a)(2)(B)(i),
pursuant to a determination made under section 73(a)(1), as well as the
authority vested in me to make the findings provided in sections 72(c),
73(f), and 73(g)(1), are delegated to the Secretary of Defense. Waivers
based upon findings made pursuant to sections 72(c) and 73(f) shall be
issued, transmitted to Congress, and notified to the Secretary of the
Treasury as appropriate by the Secretary of State.
c. The authority vested in me to prohibit certain imports as provided
in section 73(a)(2)(C), pursuant to a determination made by the
Secretary of State under such section, and the obligation to implement
the exceptions provided in section 73(g), are delegated to the Secretary
of the Treasury.
2. The authority and duties vested in me by section 1702 of the Act
(enacting section 2410b of Title 50, Appendix, and amending section 2405
of Title 50, Appendix) and section 11B of the Export Administration Act
of 1979 (50 U.S.C. App. 2410b) are delegated to the Secretary of
Commerce, except that:
a. The authority and duties vested in me by sections 11B(b)(1)(A)
(insofar as such section authorizes determinations with respect to
violations by U.S. persons of the Arms Export Control Act), 11B(b)(1)(
B)(iii) (insofar as such section authorizes determinations regarding
activities by foreign persons), and 11B(b)(5) are delegated to the
Secretary of State.
b. The authority vested in me to make the findings provided in
sections 11B(a)(3), 11B(b)(6), and 11B(b)(7)(A) are delegated to the
Secretary of Defense. Waivers based upon findings made pursuant to
sections 11B(a)(3) and 11B(b)(6) shall be issued, transmitted to
Congress, and notified to the Secretary of the Treasury as appropriate
by the Secretary of Commerce and Secretary of State, respectively.
c. The authority vested in me to prohibit certain imports as provided
in section 11B(b)(1)(B)(iii), pursuant to a determination made by the
Secretary of State under such section, and the obligation to implement
the exceptions provided in section 11B(b)(7), are delegated to the
Secretary of the Treasury.
All functions delegated herein shall be exercised in consultation
among the Secretary of State, the Secretary of Defense, the Secretary of
the Treasury, the Secretary of Commerce, the Director of the Arms
Control and Disarmament Agency, and other departments and agencies as
appropriate.
The functions delegated herein may be redelegated as appropriate.
Regulations necessary to carry out the functions delegated herein may be
issued as appropriate.
The Secretary of State is authorized and directed to publish this
memorandum in the Federal Register.
George Bush.
Section 1704 of Pub. L. 101-510, which directed President to submit
to Congress reports on international transfers of aircraft which the
Secretary had reason to believe may be intended to be used for delivery
of nuclear, biological, or chemical weapons and international transfers
of MTCR equipment or technology to any country seeking to acquire such
equipment or technology, and which provided for contents of reports,
countries excluded from such reports, classification of information, and
definitions, was repealed by Pub. L. 102-190, div. A, title X, 1097(g),
Dec. 5, 1991, 105 Stat. 1491. See section 1097 of Pub. L. 102-190,
set out as a note under section 2751 of this title.
22 USC 2797a. Denial of transfer of missile equipment or technology by
United States persons
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Sanctions
(1) If the President determines that a United States person knowingly
--
(A) exports, transfers, or otherwise engages in the trade of any item
on the MTCR Annex, in violation of the provisions of section 2778 of
this title, section 2404 or 2405 of title 50, Appendix, or any
regulations or orders issued under any such provisions,
(B) conspires to or attempts to engage in such export, transfer, or
trade, or
(C) facilitates such export, transfer, or trade by any other person,
then the President shall impose the applicable sanctions described in
paragraph (2).
(2) The sanctions which apply to a United States person under
paragraph (1) are the following:
(A) If the item on the MTCR Annex involved in the export, transfer,
or trade is missile equipment or technology within category II of the
MTCR Annex, then the President shall deny to such United States person
for a period of 2 years --
(i) United States Government contracts relating to missile equipment
or technology; and
(ii) licenses for the transfer of missile equipment or technology
controlled under this chapter.
(B) If the item on the MTCR Annex involved in the export, transfer,
or trade is missile equipment or technology within category I of the
MTCR, then the President shall deny to such United States person for a
period of not less than 2 years --
(i) all United States Government contracts, and
(ii) all export licenses and agreements for items on the United
States Munitions List.
(b) Discretionary sanctions
In the case of any determination made pursuant to subsection (a) of
this section, the President may pursue any penalty provided in section
2778(c) of this title.
(c) Waiver
The President may waive the imposition of sanctions under subsection
(a) of this section with respect to a product or service if the
President certifies to the Congress that --
(1) the product or service is essential to the national security of
the United States; and
(2) such person is a sole source supplier of the product or service,
the product or service is not available from any alternative reliable
supplier, and the need for the product or service cannot be met in a
timely manner by improved manufacturing processes or technological
developments.
(Pub. L. 90-629, ch. 7, 72, as added Pub. L. 101-510, div. A, title
XVII, 1703, Nov. 5, 1990, 104 Stat. 1745.)
For delegation of certain functions of the President under this
section, see section 1 of Memorandum of President of the United States,
June 25, 1991, 56 F.R. 31041, set out as a note under section 2797 of
this title.
22 USC 2797b. Transfers of missile equipment or technology by foreign
persons
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Sanctions
(1) Subject to subsections (c) through (g) of this section, if the
President determines that a foreign person, after November 5, 1990,
knowingly --
(A) exports, transfers, or otherwise engages in the trade of any MTCR
equipment or technology that contributes to the acquisition, design,
development, or production of missiles in a country that is not an MTCR
adherent and would be, if it were United States-origin equipment or
technology, subject to the jurisdiction of the United States under this
chapter,
(B) conspires to or attempts to engage in such export, transfer, or
trade, or
(C) facilitates such export, transfer, or trade by any other person,
or if the President has made a determination with respect to a
foreign person under section 2410b(b)(1) of title 50, Appendix, then the
President shall impose on that foreign person the applicable sanctions
under paragraph (2).
(2) The sanctions which apply to a foreign person under paragraph (1)
are the following:
(A) If the item involved in the export, transfer, or trade is within
category II of the MTCR Annex, then the President shall deny, for a
period of 2 years --
(i) United States Government contracts relating to missile equipment
or technology; and
(ii) licenses for the transfer to such foreign person of missile
equipment or technology controlled under this chapter.
(B) If the item involved in the export, transfer, or trade is within
category I of the MTCR Annex, then the President shall deny, for a
period of not less than 2 years --
(i) all United States Government contracts with such foreign person;
and
(ii) licenses for the transfer to such foreign person of all items on
the United States Munitions List.
(C) If, in addition to actions taken under subparagraphs (A) and (B),
the President determines that the export, transfer, or trade has
substantially contributed to the design, development, or production of
missiles in a country that is not an MTCR adherent, then the President
shall prohibit, for a period of not less than 2 years, the importation
into the United States of products produced by that foreign person.
(b) Inapplicability with respect to MTCR adherents
Subsection (a) of this section does not apply with respect to --
(1) any export, transfer, or trading activity that is authorized by
the laws of an MTCR adherent, if such authorization is not obtained by
misrepresentation or fraud; or
(2) any export, transfer, or trade of an item to an end user in a
country that is an MTCR adherent.
(c) Effect of enforcement actions by MTCR adherents
Sanctions set forth in subsection (a) of this section may not be
imposed under this section on a person with respect to acts described in
such subsection or, if such sanctions are in effect against a person on
account of such acts, such sanctions shall be terminated, if an MTCR
adherent is taking judicial or other enforcement action against that
person with respect to such acts, or that person has been found by the
government of an MTCR adherent to be innocent of wrongdoing with respect
to such acts.
(d) Advisory opinions
The Secretary of State, in consultation with the Secretary of Defense
and the Secretary of Commerce, may, upon the request of any person,
issue an advisory opinion to that person as to whether a proposed
activity by that person would subject that person to sanctions under
this section. Any person who relies in good faith on such an advisory
opinion which states that the proposed activity would not subject a
person to such sanctions, and any person who thereafter engages in such
activity, may not be made subject to such sanctions on account of such
activity.
(e) Waiver and report to Congress
(1) In any case other than one in which an advisory opinion has been
issued under subsection (d) of this section stating that a proposed
activity would not subject a person to sanctions under this section, the
President may waive the application of subsection (a) of this section to
a foreign person if the President determines that such waiver is
essential to the national security of the United States.
(2) In the event that the President decides to apply the waiver
described in paragraph (1), the President shall so notify the Congress
not less than 20 working days before issuing the waiver. Such
notification shall include a report fully articulating the rationale and
circumstances which led the President to apply the waiver.
(f) Additional waiver
The President may waive the imposition of sanctions under paragraph
(1) on a person with respect to a product or service if the President
certifies to the Congress that --
(1) the product or service is essential to the national security of
the United States; and
(2) such person is a sole source supplier of the product or service,
the product or service is not available from any alternative reliable
supplier, and the need for the product or service cannot be met in a
timely manner by improved manufacturing processes or technological
developments.
(g) Exceptions
The President shall not apply the sanction under this section
prohibiting the importation of the products of a foreign person --
(1) in the case of procurement of defense articles or defense
services --
(A) under existing contracts or subcontracts, including the exercise
of options for production quantities to satisfy requirements essential
to the national security of the United States;
(B) if the President determines that the person to which the
sanctions would be applied is a sole source supplier of the defense
articles and services, that the defense articles or services are
essential to the national security of the United States, and that
alternative sources are not readily or reasonably available; or
(C) if the President determines that such articles or services are
essential to the national security of the United States under defense
coproduction agreements or NATO Programs of Cooperation;
(2) to products or services provided under contracts entered into
before the date on which the President publishes his intention to impose
the sanctions; or
(3) to --
(A) spare parts,
(B) component parts, but not finished products, essential to United
States products or production,
(C) routine services and maintenance of products, to the extent that
alternative sources are not readily or reasonably available, or
(D) information and technology essential to United States products or
production.
(Pub. L. 90-629, ch. 7, 73, as added Pub. L. 101-510, div. A, title
XVII, 1703, Nov. 5, 1990, 104 Stat. 1746, and amended Pub. L. 102-138,
title III, 323(a), Oct. 28, 1991, 105 Stat. 711.)
1991 -- Subsec. (a)(1)(A). Pub. L. 102-138 inserted ''acquisition,''
before ''design,''.
For delegation of certain functions of the President under this
section, see section 1 of Memorandum of President of the United States,
June 25, 1991, 56 F.R. 31041, set out as a note under section 2797 of
this title.
2410b.
22 USC 2797c. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
For purposes of this subchapter --
(1) the term ''missile'' means a category I system as defined in the
MTCR Annex, and any other unmanned delivery system of similar
capability, as well as the specially designed production facilities for
these systems;
(2) the term ''Missile Technology Control Regime'' or ''MTCR'' means
the policy statement, between the United States, the United Kingdom, the
Federal Republic of Germany, France, Italy, Canada, and Japan, announced
on April 16, 1987, to restrict sensitive missile-relevant transfers
based on the MTCR Annex, and any amendments thereto;
(3) the term ''MTCR adherent'' means a country that participates in
the MTCR or that, pursuant to an international understanding to which
the United States is a party, controls MTCR equipment or technology in
accordance with the criteria and standards set forth in the MTCR;
(4) the term ''MTCR Annex'' means the Guidelines and Equipment and
Technology Annex of the MTCR, and any amendments thereto;
(5) the terms ''missile equipment or technology'' and ''MTCR
equipment or technology'' mean those items listed in category I or
category II of the MTCR Annex;
(6) the term ''United States person'' has the meaning given that term
in section 2415(2) of title 50, Appendix;
(7) the term ''foreign person'' means any person other than a United
States person;
(8)(A) the term ''person'' means a natural person as well as a
corporation, business association, partnership, society, trust, any
other nongovernmental entity, organization, or group, and any
governmental entity operating as a business enterprise, and any
successor of any such entity; and
(B) in the case of countries with non-market economies (excluding
former members of the Warsaw Pact), the term ''person'' means --
(i) all activities of that government relating to the development or
production of any missile equipment or technology; and
(ii) all activities of that government affecting the development or
production of electronics, space systems or equipment, and military
aircraft; and
(9) the term ''otherwise engaged in the trade of'' means, with
respect to a particular export or transfer, to be a freight forwarder or
designated exporting agent, or a consignee or end user of the item to be
exported or transferred.
(Pub. L. 90-629, ch. 7, 74, as added Pub. L. 101-510, div. A, title
XVII, 1703, Nov. 5, 1990, 104 Stat. 1748, and amended Pub. L. 102-138,
title III, 323(b), (c), Oct. 28, 1991, 105 Stat. 711.)
1991 -- Par. (8)(B). Pub. L. 102-138, 323(b), substituted
''countries with non-market economies (excluding former members of the
Warsaw Pact)'' for ''countries where it may be impossible to identify a
specific governmental entity referred to in subparagraph (A)''.
Par. (8)(B)(ii). Pub. L. 102-138, 323(c), substituted ''electronics,
space systems or equipment, and military aircraft'' for ''aircraft,
electronics, and space systems or equipment''.
22 USC SUBCHAPTER VIII -- CHEMICAL OR BIOLOGICAL WEAPONS PROLIFERATION
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2798. Sanctions against certain foreign persons
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Imposition of sanctions
(1) Determination by the President
Except as provided in subsection (b)(2) of this section, the
President shall impose both of the sanctions described in subsection (c)
of this section if the President determines that a foreign person, on or
after October 28, 1991, has knowingly and materially contributed --
(A) through the export from the United States of any goods or
technology that are subject to the jurisdiction of the United States,
(B) through the export from any other country of any goods or
technology that would be, if they were United States goods or
technology, subject to the jurisdiction of the United States, or
(C) through any other transaction not subject to sanctions pursuant
to the Export Administration Act of 1979 (50 App. U.S.C. 2401 et seq.),
to the efforts by any foreign country, project, or entity described
in paragraph (2) to use, develop, produce, stockpile, or otherwise
acquire chemical or biological weapons.
(2) Countries, projects, or entities receiving assistance
Paragraph (1) applies in the case of --
(A) any foreign country that the President determines has, at any
time after January 1, 1980 --
(i) used chemical or biological weapons in violation of international
law;
(ii) used lethal chemical or biological weapons against its own
nationals; or
(iii) made substantial preparations to engage in the activities
described in clause (i) or (ii);
(B) any foreign country whose government is determined for purposes
of section 6(j) of the Export Administration Act of 1979 (50 App. U.S.
C. 2405(j)) to be a government that has repeatedly provided support for
acts of international terrorism; or
(C) any other foreign country, project, or entity designated by the
President for purposes of this section.
(3) Persons against whom sanctions are to be imposed
Sanctions shall be imposed pursuant to paragraph (1) on --
(A) the foreign person with respect to which the President makes the
determination described in that paragraph;
(B) any successor entity to that foreign person;
(C) any foreign person that is a parent or subsidiary of that foreign
person if that parent or subsidiary knowingly assisted in the activities
which were the basis of that determination; and
(D) any foreign person that is an affiliate of that foreign person if
that affiliate knowingly assisted in the activities which were the basis
of that determination and if that affiliate is controlled in fact by
that foreign person.
(b) Consultations with and actions by foreign government of
jurisdiction
(1) Consultations
If the President makes the determinations described in subsection
(a)(1) of this section with respect to a foreign person, the Congress
urges the President to initiate consultations immediately with the
government with primary jurisdiction over that foreign person with
respect to the imposition of sanctions pursuant to this section.
(2) Actions by government of jurisdiction
In order to pursue such consultations with that government, the
President may delay imposition of sanctions pursuant to this section for
a period of up to 90 days. Following these consultations, the President
shall impose sanctions unless the President determines and certifies to
the Congress that that government has taken specific and effective
actions, including appropriate penalties, to terminate the involvement
of the foreign person in the activities described in subsection (a)(1)
of this section. The President may delay imposition of sanctions for an
additional period of up to 90 days if the President determines and
certifies to the Congress that that government is in the process of
taking the actions described in the preceding sentence.
(3) Report to Congress
The President shall report to the Congress, not later than 90 days
after making a determination under subsection (a)(1) of this section, on
the status of consultations with the appropriate government under this
subsection, and the basis for any determination under paragraph (2) of
this subsection that such government has taken specific corrective
actions.
(c) Sanctions
(1) Description of sanctions
The sanctions to be imposed pursuant to subsection (a)(1) of this
section are, except as provided in paragraph (2) of this subsection, the
following:
(A) Procurement sanction
The United States Government shall not procure, or enter into any
contract for the procurement of, any goods or services from any person
described in subsection (a)(3) of this section.
(B) Import sanctions
The importation into the United States of products produced by any
person described in subsection (a)(3) of this section shall be
prohibited.
(2) Exceptions
The President shall not be required to apply or maintain sanctions
under this section --
(A) in the case of procurement of defense articles or defense
services --
(i) under existing contracts or subcontracts, including the exercise
of options for production quantities to satisfy United States
operational military requirements;
(ii) if the President determines that the person or other entity to
which the sanctions would otherwise be applied is a sole source supplier
of the defense articles or services, that the defense articles or
services are essential, and that alternative sources are not readily or
reasonably available; or
(iii) if the President determines that such articles or services are
essential to the national security under defense coproduction
agreements;
(B) to products or services provided under contracts entered into
before the date on which the President publishes his intention to impose
sanctions;
(C) to --
(i) spare parts,
(ii) component parts, but not finished products, essential to United
States products or production, or
(iii) routine servicing and maintenance of products, to the extent
that alternative sources are not readily or reasonably available;
(D) to information and technology essential to United States products
or production; or
(E) to medical or other humanitarian items.
(d) Termination of sanctions
The sanctions imposed pursuant to this section shall apply for a
period of at least 12 months following the imposition of sanctions and
shall cease to apply thereafter only if the President determines and
certifies to the Congress that reliable information indicates that the
foreign person with respect to which the determination was made under
subsection (a)(1) of this section has ceased to aid or abet any foreign
government, project, or entity in its efforts to acquire chemical or
biological weapons capability as described in that subsection.
(e) Waiver
(1) Criterion for waiver
The President may waive the application of any sanction imposed on
any person pursuant to this section, after the end of the 12-month
period beginning on the date on which that sanction was imposed on that
person, if the President determines and certifies to the Congress that
such waiver is important to the national security interests of the
United States.
(2) Notification of and report to Congress
If the President decides to exercise the waiver authority provided in
paragraph (1), the President shall so notify the Congress not less than
20 days before the waiver takes effect. Such notification shall include
a report fully articulating the rationale and circumstances which led
the President to exercise the waiver authority.
(f) ''Foreign person'' defined
For the purposes of this section, the term ''foreign person'' means
--
(1) an individual who is not a citizen of the United States or an
alien admitted for permanent residence to the United States; or
(2) a corporation, partnership, or other entity which is created or
organized under the laws of a foreign country or which has its principal
place of business outside the United States.
(Pub. L. 90-629, ch. 8, 81, as added and amended Pub. L. 102-182,
title III, 305(b), 309(b)(2), Dec. 4, 1991, 105 Stat. 1250, 1258.)
The Export Administration Act of 1979, referred to in subsec. (a)(
1)(C), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,
which is classified principally to section 2401 et seq. of Title 50,
Appendix, War and National Defense. For complete classification of this
Act to the Code, see Short Title note set out under section 2401 of
Title 50, Appendix, and Tables.
A prior subchapter VIII, consisting of former section 2798, as added
by Pub. L. 102-138, title V, 505(b), Oct. 28, 1991, 105 Stat. 727,
which was substantially identical to subchapter VIII, as added by
section 305(b) of Pub. L. 102-182, was repealed by Pub. L. 102-182,
title III, 309(a), Dec. 4, 1991, 105 Stat. 1258.
1991 -- Subsec. (a)(1). Pub. L. 101-182, 309(b)(2), substituted
''October 28, 1991'' for reference to the ''date of the enactment of
this section'' which was enacted Dec. 4, 1991.
22 USC SUBCHAPTER IX -- TRANSFER OF CERTAIN CFE TREATY-LIMITED EQUIPMENT
TO NATO MEMBERS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2799. Purpose
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The purpose of this subchapter is to authorize the President to
support, consistent with the CFE Treaty, a NATO equipment transfer
program that will --
(1) enhance NATO's forces,
(2) increase NATO standardization and interoperability, and
(3) better distribute defense burdens within the NATO alliance.
(Pub. L. 90-629, ch. 9, 91, as added Pub. L. 102-228, 2, Dec. 12,
1991, 105 Stat. 1691.)
22 USC 2799a. CFE Treaty obligations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The authorities provided in this subchapter shall be exercised
consistent with the obligations incurred by the United States in
connection with the CFE Treaty.
(Pub. L. 90-629, ch. 9, 92, as added Pub. L. 102-228, 2, Dec. 12,
1991, 105 Stat. 1691.)
22 USC 2799b. Authorities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) General authority
The President may transfer to any NATO/CFE country, in accordance
with NATO plans, defense articles --
(1) that are battle tanks, armoured combat vehicles, or artillery
included within the CFE Treaty's definition of ''conventional armaments
and equipment limited by the Treaty'';
(2) that were, as of the date of signature of the CFE Treaty, in the
stocks of the Department of Defense and located in the CFE Treaty's area
of application; and
(3) that the President determines are not needed by United States
military forces within the CFE Treaty's area of application.
(b) Acceptance of NATO assistance in eliminating direct costs of
transfers
In order to eliminate direct costs of facilitating transfers of
defense articles under subsection (a) of this section, the United States
may utilize services provided by NATO or any NATO/CFE country, including
inspection, repair, or transportation services with respect to defense
articles so transferred.
(c) Acceptance of NATO assistance in meeting certain United States
obligations
In order to facilitate United States compliance with the CFE
Treaty-mandated obligations for destruction of conventional armaments
and equipment limited by the CFE Treaty, the United States may utilize
services or funds provided by NATO or any NATO/CFE country.
(d) Authority to transfer on grant basis
Defense articles may be transferred under subsection (a) of this
section without cost to the recipient country.
(e) Third country transfers restrictions
For purposes of sections 2753(a)(2), 2753(a)(3), 2753(c), and 2753(
d) of this title, defense articles transferred under subsection (a) of
this section shall be deemed to have been sold under this chapter.
(f) Maintenance of military balance in Eastern Mediterranean
The President shall ensure that transfers by the United States under
subsection (a) of this section, taken together with transfers by other
NATO/CFE countries in implementing the CFE Treaty, are of such
valuations so as to be consistent with the United States policy,
embodied in section 2373 of this title, of maintaining the military
balance in the Eastern Mediterranean.
(g) Expiration of authority
(1) In general
Except as provided in paragraph (2), the authority of subsection (a)
of this section expires at the end of the 40-month period beginning on
the date on which the CFE Treaty enters into force.
(2) Transition rule
Paragraph (1) does not apply with respect to a transfer of defense
articles for which notification under section 2799c(a) of this title is
submitted before the end of the period described in that paragraph.
(Pub. L. 90-629, ch. 9, 93, as added Pub. L. 102-228, 2, Dec. 12,
1991, 105 Stat. 1691.)
Memorandum of President of the United States, Feb. 13, 1992, 57 F.
R. 6663, provided:
Memorandum for the Secretary of State and the Secretary of Defense
By virtue of the authority vested in me by the Constitution and laws
of the United States of America, including section 301 of title 3 of the
United States Code, I hereby delegate to the Secretary of Defense the
functions vested in me by section 93(a) and section 94 of the Arms
Export Control Act, as amended (the ''Act'') (22 U.S.C. 2799b(a),
2799c), and to the Secretary of State the functions vested in me by
section 93(f) of the Act. Consistent with section 2 of the Act (22 U.
S.C. 2752), transfers of defense articles under section 93(a) shall be
subject to the policy direction of the Secretary of State, including the
determination of whether such transfers shall occur.
The Secretary of State is authorized and directed to publish this
memorandum in the Federal Register.
George Bush.
22 USC 2799c. Notifications and reports to Congress
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Notifications
Not less than 15 days before transferring any defense articles
pursuant to section 2799b(a) of this title, the President shall notify
the Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate in accordance with the
procedures applicable to reprogramming notifications pursuant to section
2394-1 of this title.
(b) Annual reports
Not later than February 1 each year, the President shall submit to
the Committee on Foreign Affairs and the Committee on Armed Services of
the House of Representatives and the Committee on Foreign Relations and
the Committee on Armed Services of the Senate a report that --
(1) lists all transfers made to each recipient NATO/CFE country by
the United States under section 2799b(a) of this title during the
preceding calendar year;
(2) describes how those transfers further the purposes described in
paragraphs (1) through (3) of section 2799 of this title; and
(3) lists, on a country-by-country basis, all transfers to another
country of conventional armaments and equipment limited by the CFE
Treaty --
(A) by each NATO/CFE country (other than the United States) in
implementing the CFE Treaty, and
(B) by each Warsaw Pact country in implementing the CFE Treaty.
(Pub. L. 90-629, ch. 9, 94, as added Pub. L. 102-228, 2, Dec. 12,
1991, 105 Stat. 1692.)
Functions of President under this section delegated to Secretary of
Defense by Memorandum of President of the United States, Feb. 13, 1992,
57 F.R. 6663, set out as a note under section 2799b of this title.
22 USC 2799d. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
As used in this subchapter --
(1) the term ''CFE Treaty'' means the Treaty on Conventional Armed
Forces in Europe (signed at Paris, November 19, 1990);
(2) 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;
(3) the term ''NATO'' means the North Atlantic Treaty Organization;
(4) 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
(5) the term ''Warsaw Pact country'' 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.
(Pub. L. 90-629, ch. 9, 95, as added Pub. L. 102-228, 2, Dec. 12,
1991, 105 Stat. 1693.)
22 USC CHAPTER 40 -- INTERNATIONAL EXPOSITIONS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
2801. Congressional findings.
2802. Federal recognition.
(a) Eligibility requirements.
(b) Recognition and registration procedure; compliance with
international convention; participation by States and foreign
governments.
(c) Report to Congress.
2803. Federal participation.
(a) Congressional authorization; proposals.
(b) Construction of Federal pavilion.
(c) Authorization of appropriations for Federal pavilion.
(d) Requisites and temporary nature of Federal pavilion.
2804. Establishment of standards and criteria; publication in the
Federal Register.
2805. Withdrawal of Federal recognition or participation.
2806. Other provisions unaffected.
2807. Authorization of appropriations.
22 USC 2801. Congressional findings
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Congress finds that --
(a) international expositions, when properly organized, financed, and
executed, have a significant impact on the economic growth of the region
surrounding the exposition and, under appropriate international
sanction, are important instruments of national policy, particularly in
the exchange of ideas and the demonstration of cultural achievements
between peoples;
(b) in view of the widely varying circumstances under which
international expositions have developed in the United States, the
different degrees to which the Federal Government has assisted and
participated in such expositions, and the increasing number of proposals
for future expositions, the national interest requires that Federal
action concerning such expositions be given orderly consideration; and
(c) such orderly consideration is best achieved by the development of
uniform standards, criteria, and procedures to establish the conditions
under which the Government hereafter will (A) recognize international
expositions proposed to be held in the United States, and (B) take part
in such expositions.
(Pub. L. 91-269, 1, May 27, 1970, 84 Stat. 271.)
22 USC 2802. Federal recognition
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Eligibility requirements
Any international exposition proposed to be held in the United States
shall be eligible on application from its sponsors to receive the
recognition of the Federal Government upon a finding of the President
that recognition will be in the national interest. In making such a
finding the President shall consider --
(1) a report by the Secretary of Commerce which shall include (A) an
evaluation of purposes and reasons for the exposition, and (B) a
determination that guaranteed financial and other support has been
secured by the exposition from affected State and local governments and
from business and civic leadership of the region and others in amounts
sufficient in his judgment to assure the successful development and
progress of the exposition;
(2) a report by the Secretary of State that the proposed exposition
qualifies for consideration of registration by the Bureau of
International Expositions (hereafter referred to as BIE); and
(3) such other evidence as the President may consider to be
appropriate.
(b) Recognition and registration procedure; compliance with
international convention; participation by States and foreign
governments
Upon a finding by the President that an international exposition is
eligible for Federal recognition, the President may take such measures
recognizing the exposition as he deems proper, including, but not
limited to --
(1) presenting of an official request by the United States for
registration of the exposition by the BIE;
(2) providing for fulfillment of the requirements of the Convention
of November 22, 1928, as amended, relating to international expositions;
and
(3) extending invitations, by proclamation or by such other manner he
deems proper, to the several States of the Union and to foreign
governments to take part in the exposition, provided that he shall not
extend such an invitation until he has been notified officially of BIE
registration for the exposition.
(c) Report to Congress
The President shall report his actions under this section promptly to
the Congress.
(Pub. L. 91-269, 2, May 27, 1970, 84 Stat. 271.)
22 USC 2803. Federal particpation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Congressional authorization; proposals
The Federal Government may participate in an international exposition
proposed to be held in the United States only upon the authorization of
the Congress. If the President finds that Federal participation is in
the national interest, he shall transmit to the Congress his proposal
for such participation, which proposal shall include --
(1) evidence that the international exposition has met the criteria
for Federal recognition and, pursuant to section 2802 of this title, it
has been so recognized;
(2) a statement that the international exposition has been registered
by the BIE; and
(3) a plan prepared by the Secretary of Commerce in cooperation with
other interested departments and agencies of the Federal Government for
Federal participation in the exposition. The Secretary of Commerce
shall include in such plan any documentation described in subsection
(b)(1)(A) of this section, a rendering of any design described in
subsection (b)(1)(B) of this section, and any recommendation based on
the determination under subsection (b)(1)(C) of this section.
(b) Construction of Federal pavilion
(1) In developing a plan under subsection (a)(3) of this section the
Secretary of Commerce shall consider whether the plan should include the
construction of a Federal pavilion. If the Secretary of Commerce
determines that a Federal pavilion should be constructed, he shall
request the Administrator of General Services (hereinafter in this
section referred to as the ''Administrator'') to determine, in
consultation with such Secretary, whether there is a federally endorsed
need for a permanent structure in the area of the exposition. If the
Administrator determines that any such need exists --
(A) the Administrator shall fully document such determination,
including the identification of the need, and shall transmit such
documentation to the Secretary of Commerce;
(B) the Secretary of Commerce, in consultation with the
Administrator, shall design a pavilion which satisfies the federally
endorsed needs for --
(i) participation in the exposition; and
(ii) permanent use of such pavilion after the termination of
participation in the exposition; and
(C) the Secretary of Commerce shall determine whether the Federal
Government should be deeded a satisfactory site for the Federal pavilion
in fee simple, free of all liens and encumbrances, as a condition of
participation in the exposition.
(2) Notwithstanding paragraph (1)(B) of this subsection, if the
Secretary of Commerce, in consultation with the Administrator determines
that no design of a Federal pavilion will satisfy both needs described
in paragraph (1)(B) of this subsection, the Secretary shall design a
temporary Federal pavilion.
(c) Authorization of appropriations for Federal pavilion
The enactment of a specific authorization of appropriations shall be
required --
(1) to construct a Federal pavilion in accordance with the plan
prepared pursuant to subsection (a)(3) of this section;
(2) if the Federal pavilion is not temporary, to modify such Federal
pavilion after termination of participation in the exposition if
modification is necessary to adapt such pavilion for use by the Federal
Government to satisfy a need described in subsection (b)(1)(B)(ii) of
this section; and
(3) if the Federal pavilion is temporary, to dismantle, demolish, or
otherwise dispose of such Federal pavilion after termination of Federal
participation in the exposition.
(d) Requisites and temporary nature of Federal pavilion
For the purposes of this section --
(1) a Federal pavilion shall be considered to satisfy both needs
described in subsection (b)(1)(B) of this section if the Federal
pavilion which satisfies the needs described in paragraph (1)(B)(i) of
such subsection can be modified after completion of the exposition to
satisfy the needs described in paragraph (1)(B)(ii) of such subsection,
provided that such modification shall cost no more than the expense of
demolition, dismantling, or other disposal, or if the cost is higher, it
shall be no more than 50 per centum of the original cost of the
construction of the pavilion; and
(2) a Federal pavilion is temporary if the Federal pavilion is
designed to satisfy the minimum needs of the Federal Government
described in subsection (b)(1)(B)(i) of this section and is intended for
disposal by the Federal Government after the termination of
participation in the exposition.
(Pub. L. 91-269, 3, May 27, 1970, 84 Stat. 272; Pub. L. 97-254, 16(
a), Sept. 8, 1982, 96 Stat. 812.)
1982 -- Subsec. (a). Pub. L. 97-254, 16(a)(1)-(3), designated
existing provisions as subsec. (a), redesignated cls. (a) to (c)
thereof as cls. (1) to (3) respectively, and in cl. (3) as so
redesignated, substituted provisions requiring the Secretary of Commerce
to include in a plan under this section any documentation, designs, or
recommendations described in subsec. (b) of this section for provisions
that the Secretary in developing a plan should consider whether there
was a need for the construction of a Federal pavilion, and if so, that
there could be included in the plan a recommendation that Government
participation in the exposition be conditioned on its being deeded a
satisfactory site for the pavilion and that the Secretary would seek the
advice of the Administrator of the General Services Administration in
carrying out the provisions of former subsec. (c).
Subsecs. (b) to (d). Pub. L. 97-254, 16(a)(4), added subsecs. (b) to
(d).
Amendment by Pub. L. 97-254 effective Sept. 8, 1982, see section 15
of Pub. L. 97-254.
22 USC 2804. Establishment of standards and criteria; publication in
the Federal Register
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The Secretary of Commerce is hereby authorized and directed to
establish and maintain standards, definitions, and criteria which are
adequate to carry out the purposes of section 2802(a)(1) and section
2803(a) of this title; and
(b) Standards, definitions, and criteria established by the Secretary
and such revisions in them as he may make from time to time shall be
published in the Federal Register.
(Pub. L. 91-269, 4, May 27, 1970, 84 Stat. 272.)
22 USC 2805. Withdrawal of Federal recognition or participation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President may withdraw Federal recognition or participation
whenever he finds that continuing recognition or participation would be
inconsistent with the national interest and with the purposes of this
chapter.
(Pub. L. 91-269, 5, May 27, 1970, 84 Stat. 272.)
22 USC 2806. Other provisions unaffected
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Nothing in this chapter shall affect or limit the authority of
Federal departments and agencies to participate in international
expositions or events otherwise authorized by law.
(Pub. L. 91-269, 6, May 27, 1970, 84 Stat. 272.)
22 USC 2807. Authorization of appropriations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There are authorized to be appropriated such sums, not to exceed
$200,000 in any fiscal year, as may be necessary to carry out the
purposes of this chapter.
(Pub. L. 91-269, 8, May 27, 1970, 84 Stat. 272.)
22 USC CHAPTER 41 -- STUDY COMMISSION RELATING TO FOREIGN POLICY
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2821 to 2826. Omitted
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sections 2821 to 2826 expired, not later than the thirtieth day after
June 30, 1975, pursuant to section 2823 of this title.
Section 2821, Pub. L. 92-352, title VI, 601, July 13, 1972, 86 Stat.
497, declared that it was the purpose of this chapter to establish a
commission to make studies and recommendations directed at providing a
more effective system for formulation and implementation of foreign
policy.
Section 2822, Pub. L. 92-352, title VI, 602, July 13, 1972, 86 Stat.
497, established the commission, known as the Commission on the
Organization of the Government for the Conduct of Foreign Policy.
Section 2823, Pub. L. 92-352, title VI, 603, July 13, 1972, 86 Stat.
497; Pub. L. 93-126, 4, Oct. 18, 1973, 87 Stat. 452, related to
duties of the commission, required a comprehensive report be submitted
to the President and to Congress not later than June 30, 1975, and
provided that the commission cease to exist on the thirtieth day after
the report was filed.
Section 2824, Pub. L. 92-352, title VI, 604, July 13, 1972, 86 Stat.
498, related to powers of the commission.
Section 2825, Pub. L. 92-352, title VI, 605, July 13, 1972, 86 Stat.
498, related to appointment and compensation of personnel and the
services of experts and consultants.
Section 2826, Pub. L. 92-352, title VI, 606, July 13, 1972, 86 Stat.
499, authorized sums as necessary to carry out the provisions of this
chapter.
22 USC CHAPTER 42 -- INTERNATIONAL ECONOMIC POLICY
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 2841 to 2849. Omitted
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sections 2841 to 2847, 2848, and 2849 expired Sept. 30, 1977,
pursuant to section 2848 of this title.
Section 2841, Pub. L. 92-412, title II, 202, Aug. 29, 1972, 86
Stat. 646, related to congressional statement of purpose.
Section 2842, Pub. L. 92-412, title II, 203, Aug. 29, 1972, 86
Stat. 646, related to congressional findings and policy and the
establishment and functions of the Council on International Economic
Policy.
Section 2843, Pub. L. 92-412, title II, 204, Aug. 29, 1972, 86
Stat. 647, related to creation of Council on International Economic
Policy in Executive Office of the President.
Section 2844, Pub. L. 92-412, title II, 205, Aug. 29, 1972, 86
Stat. 647; Pub. L. 93-121, 1, Oct. 4, 1973, 87 Stat. 447, related to
membership of Council and designation of a chairman by President.
Section 2845, Pub. L. 92-412, title II, 206, Aug. 29, 1972, 86
Stat. 647, related to duties of Council.
Section 2846, Pub. L. 92-412, title II, 207, Aug. 29, 1972, 86
Stat. 648; Pub. L. 93-121, 4, Oct. 4, 1973, 87 Stat. 448, related to
submittal to Congress and scope of International Economic Report and
other supplementary reports.
Section 2847, Pub. L. 92-412, title II, 208, Aug. 29, 1972, 86
Stat. 649; Pub. L. 94-87, 1, Aug. 9, 1975, 89 Stat. 432, related to
appointment and compensation of an Executive Director and staff
personnel, procurement of temporary and intermittent services, and
detail of agency personnel to Council.
Section 2847a, Pub. L. 93-121, 5, Oct. 4, 1973, 87 Stat. 448,
related to appointment of an Executive Director under section 2847 of
this title.
Section 2848, Pub. L. 92-412, title II, 209, Aug. 29, 1972, 86
Stat. 649; Pub. L. 93-121, 2, Oct. 4, 1973, 87 Stat. 447; Pub. L.
94-87, 2, Aug. 9, 1975, 89 Stat. 432, provided for expiration of this
chapter on Sept. 30, 1977.
Section 2849, Pub. L. 92-412, title II, 210, Aug. 29, 1972, 86
Stat. 649; Pub. L. 93-121, 3, Oct. 4, 1973, 87 Stat. 448; Pub. L.
93-315, June 22, 1974, 88 Stat. 239; Pub. L. 94-87, 3, Aug. 9, 1975,
89 Stat. 432, related to authorization of appropriations.
Pub. L. 94-412, title II, 201, Aug. 29, 1972, 86 Stat. 646,
provided that this chapter be cited as the International Economic Policy
Act of 1972.
Pub. L. 95-426, title VI, 606, Oct. 7, 1978, 92 Stat. 987, provided
that since those provisions of United States statutes which authorize or
require suspension of or discrimination with respect to all trade
between the United States and a particular foreign country and which
effect, directly and significantly, the conduct of United States foreign
relations should be periodically reevaluated by the President and
Congress, and required the President, not later than Jan. 20, 1977, to
transmit to the Speaker of the House of Representatives and to the
chairman of the Committee on Foreign Relations and the chairmen of other
appropriate committees of the Senate, a report which identifies all
statutory provisions which provide for such discriminatory trade
practices, evaluates each such practice, and recommends, in the form of
draft legislation, amendments to those provisions the President
certifies would in his judgment advance United States foreign policy
interest.
Ex. Ord. No. 11789, June 25, 1974, 39 F.R. 23183, as amended by Ex.
Ord. No. 11808, Sept. 30, 1974, 39 F.R. 35563, which established the
President's Committee on East-West Trade Policy, was revoked by Ex.
Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, set out as a note under
section 2111 of Title 19, Customs Duties.
Ex. Ord. No. 11808, Sept. 30, 1974, 39 F.R. 35563, as amended by Ex.
Ord. No. 11865, June 16, 1975, 40 F.R. 25663, Ex. Ord. No. 11903, Feb.
2, 1976, 41 F.R. 4879, which established the President's Economic
Policy Board, was revoked by Ex. Ord. No. 11975, Mar. 7, 1977, 42 F.
R. 13267, formerly set out as a note under this section.
22 USC CHAPTER 43 -- INTERNATIONAL BROADCASTING
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
2871. Congressional findings and declaration of purpose.
2872. Board for International Broadcasting.
(a) Establishment.
(b) (1) Composition of Board.
(2) Selection. (3) Term of office of Presidentially appointed
members. (4) Term of office of ex officio member. (5)
Compensation.
(c) Supplies, services, and other personal property: procurement.
2873. Functions of Board.
2874. Recordkeeping requirements for RFE/RL, Incorporated.
(a) Amounts and disposition of assistance; costs; portion of costs
supplied by other sources; other records.
(b) Access to records for audit and examination.
(c) Disclosure of persons and governments making contributions.
2875. Role of Secretary of State.
(a) Supplying foreign policy information; reports.
(b) Observer representing Secretary to be present at Board meetings.
2876. Public support.
2877. Authorization of appropriations; foreign currency exchange
rates fluctuations; merger and availability of excess amounts; radio
modernization.
(a) Authorization of appropriations.
(b) Additional appropriations to maintain level of operations.
(c) Improvement of facilities.
2877a. Repealed.
2878. Reciprocity in use of broadcasting facilities by Communist
countries.
2879. Report to Congress; alternative plans for relocation of
activities and personnel.
2880. Merger of Board for International Broadcasting and RFE/RL
Board.
(a) Grants to RFE/RL, Incorporated; conditions.
(b) RFE/RL, Incorporated, not to be construed as Federal agency or
instrumentality.
2881. Benefits for certain retirees and surviving spouses of
employees of RFE/RL.
2882. Salary of the RFE/RL President.
2883. Radio broadcasting to Afghanistan in the Dari and Pashto
languages.
22 USC 2871. Congressional findings and declaration of purpose
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Congress hereby finds and declares --
(1) that it is the policy of the United States to promote the right
of freedom of opinion and expression, including the freedom ''to seek,
receive, and impart information and ideas through any media and
regardless of frontiers,'' in accordance with article 19 of the
Universal Declaration of Human Rights;
(2) that open communication of information and ideas among the
peoples of the world contributes to international peace and stability,
and that the promotion of such communication is in the interests of the
United States;
(3) that Free Europe, Incorporated, and the Radio Liberty Committee,
Incorporated (commonly referred to as Radio Free Europe and Radio
Liberty), which have now been consolidated into RFE/RL, Incorporated,
have demonstrated their effectiveness in furthering the open
communication of information and ideas in Eastern Europe and the Union
of Soviet Socialist Republics;
(4) that the continuation of RFE/RL, Incorporated, as an independent
broadcast media, operating in a manner not inconsistent with the broad
foreign policy objectives of the United States and in accordance with
high professional standards, is in the national interest; and
(5) that in order to provide an effective instrumentality for the
continuation of assistance to RFE/RL, Incorporated and to encourage a
constructive dialog with the peoples of the Union of Soviet Socialist
Republics, Eastern Europe, and Afghanistan (until the government in
Kabul is replaced by a government achieved through a free act of
self-determination), it is desirable to establish a Board for
International Broadcasting.
(Pub. L. 93-129, 2, Oct. 19, 1973, 87 Stat. 457; Pub. L. 95-105,
title III, 302(a), Aug. 17, 1977, 91 Stat. 851; Pub. L. 99-93, title
III, 303(a), Aug. 16, 1985, 99 Stat. 434; Pub. L. 101-246, title III,
304, Feb. 16, 1990, 104 Stat. 64.)
1990 -- Par. (5). Pub. L. 101-246 substituted ''(until the
government in Kabul is replaced by a government achieved through a free
act of self-determination)'' for ''(as long as it is under Soviet
occupation)''.
1985 -- Par. (5). Pub. L. 99-93 inserted reference to Afghanistan
(as long as it is under Soviet occupation).
1977 -- Par. (3). Pub. L. 95-105, 302(a)(1), substituted ''(commonly
referred to as Radio Free Europe and Radio Liberty), which have now been
consolidated into RFE/RL, Incorporated,'' for ''(hereinafter referred to
as Radio Free Europe and Radio Liberty),''.
Par. (4). Pub. L. 95-105, 302(a)(2), substituted ''RFE/RL,
Incorporated, as an'' for ''Radio Free Europe and Radio Liberty as''.
Par. (5). Pub. L. 95-105, 302(a)(3), substituted ''RFE/RL,
Incorporated'' for ''Radio Free Europe and Radio Liberty''.
Pub. L. 98-164, title III, 301, Nov. 22, 1983, 97 Stat. 1036,
provided that: ''This title (enacting sections 2881 and 2882 of this
title, amending section 2877 of this title, and enacting provisions set
out as a note under section 2882 of this title) may be cited as the
'Board for International Broadcasting Authorization Act, Fiscal Years
1984 and 1985'.''
Pub. L. 97-241, title IV, 401, Aug. 24, 1982, 96 Stat. 295,
provided that: ''This title (enacting section 2880 of this title and
amending sections 2872 and 2877 of this title) may be cited as the
'Board for International Broadcasting Authorization Act, Fiscal Years
1982 and 1983'.''
Pub. L. 96-60, title III, 301, Aug. 15, 1979, 93 Stat. 402,
provided that: ''This title (enacting section 2879 of this title and
amending section 2877 of this title) may be cited as the 'Board for
International Broadcasting Authorization Act, Fiscal Years 1980 and
1981'.''
Section 1 of Pub. L. 93-129 provided: ''That this Act (enacting
this chapter) may be cited as the 'Board for International Broadcasting
Act of 1973'.''
Pub. L. 94-350, title IV, 403, July 12, 1976, 90 Stat. 833, which
required that not later than Jan. 31, 1977, the President submit to the
Congress a report recommending steps to be taken to utilize more
effectively the transmission facilities for international broadcasting,
both existing and planned, of the United States Government, examining
the feasibility of greater cooperation with foreign countries to insure
mutually efficient use of nationally owned and nationally funded
transmission facilities for international broadcasting, containing a
comprehensive outline of projected needs for United States international
broadcasting operations based on anticipated language requirements and
anticipated cooperation among various agencies of the United States
Government, United States Government-funded organizations, and foreign
governments involved in international broadcasting, and recommending
steps which should be taken to extend broadcasting operations similar to
those carried out under this chapter to additional countries where
access to information is restricted by the policies of the governments
of such countries, was repealed by Pub. L. 97-241, title V, 505(a)(4),
Aug. 24, 1982, 96 Stat. 299.
Ex. Ord. No. 12323, Sept. 22, 1981, 46 F.R. 47207, as amended by Ex.
Ord. No. 12366, May 25, 1982, 47 F.R. 23135, which established a
Presidential Commission on Broadcasting to Cuba and provided for its
membership, functions, etc., was revoked by Ex. Ord. No. 12399, 4(h),
Dec. 31, 1982, 48 F.R. 380, formerly set out as a note under section 14
of the Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
22 USC 2872. Board for International Broadcasting
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment
There is established a Board for International Broadcasting
(hereinafter referred to as the ''Board'').
(b)(1) Composition of Board
The Board shall consist of ten members, one of whom shall be an ex
officio member. The President shall appoint, by and with the advice and
consent of the Senate, nine voting members, one of whom the President
shall designate as chairman. Not more than five of the members of the
Board appointed by the President shall be of the same political party.
The chief operating executive of RFE/RL, Incorporated, shall be an ex
officio member of the Board and may participate in the activities of the
Board, but may not vote in the determinations of the Board.
(2) Selection
Members of the Board appointed by the President shall be citizens of
the United States who are not concurrently regular full-time employees
of the United States Government. Such members shall be selected by the
President from among Americans distinguished in the fields of foreign
policy or mass communications.
(3) Term of office of Presidentially appointed members
The term of office of each member of the Board appointed by the
President shall be three years, except that the terms of office of the
individuals initially appointed as the four additional voting members of
the Board who are provided for by the Board for International
Broadcasting Authorization Act, Fiscal Years 1982 and 1983, shall be
one, two, or three years (as designated by the President at the time of
their appointment) so that the terms of one-third of the voting members
of the Board expire each year. The President shall appoint, by and with
the advice and consent of the Senate, members to fill vacancies
occurring prior to the expiration of a term, in which case the members
so appointed shall serve for the remainder of such term. Any member
whose term has expired may serve until his or her successor has been
appointed and qualified.
(4) Term of office of ex officio member
The ex officio member of the Board shall serve on the Board during
his or her term of service as chief operating executive of RFE/RL,
Incorporated.
(5) Compensation
Members of the Board appointed by the President shall, while
attending meetings of the Board or while engaged in duties relating to
such meetings or in other activities of the Board pursuant to this
section, including traveltime, be entitled to receive compensation equal
to the daily equivalent of the compensation prescribed for level V of
the Executive Schedule under section 5316 of title 5. While away from
their homes or regular places of business they may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by
law (5 U.S.C. 5703) for persons in the Government service employed
intermittently. The ex officio member of the Board shall not be
entitled to any compensation under this chapter, but may be allowed
travel expenses as provided in the preceding sentence.
(c) Supplies, services, and other personal property: procurement
The Board may, to the extent it deems necessary to carry out its
functions under this chapter, procure supplies, services, and other
personal property, including specialized electronic equipment.
(Pub. L. 93-129, 3, Oct. 19, 1973, 87 Stat. 457; Pub. L. 94-350,
title III, 302(a), (b), July 12, 1976, 90 Stat. 832; Pub. L. 95-105,
title III, 302(b), Aug. 17, 1977, 91 Stat. 851; Pub. L. 95-426, title
III, 303, Oct. 7, 1978, 92 Stat. 976; Pub. L. 97-241, title IV, 403(
b), Aug. 24, 1982, 96 Stat. 296.)
The Board for International Broadcasting Authorization Act, Fiscal
Years 1982 and 1983, referred to in subsec. (b)(3), is Pub. L.
97-241, title IV, Aug. 24, 1982, 96 Stat. 295, which enacted section
2880 of this title, amended sections 2872 and 2877 of this title, and
enacted a provision set out as a note under section 2871 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2871 of this title and Tables.
1982 -- Subsec. (b)(1). Pub. L. 97-241, 403(b)(1), increased the
Board from seven members to ten, provided that one member instead of two
be an ex officio member, authorized the President to appoint nine voting
members, not more than five from the same political party, instead of
five voting members, not more than three from the same political party,
struck out provision that the chairman of the Board of Directors of
RFE/RL, Inc. be an ex officio member of the Board, and made the chief
operating executive's participation on the Board permissive rather than
mandatory.
Subsec. (b)(3). Pub. L. 97-241, 403(b)(2), substituted provision that
the term of office of each member appointed by the President be three
years, except the terms of office of the four additional voting members,
which are to be designated by the President at the time of appointment
as one, two, or three years so that the terms of one-third of the voting
members of the Board expire each year, for provision that in appointing
the initial voting members, the President designate three of the members
to serve for a term of three years and two members to serve for a term
of two years, with the term of each member appointed thereafter to be
three years, and inserted ''or her'' before ''successor''.
Subsec. (b)(4). Pub. L. 97-241, 403(b)(2), substituted provisions
that the ex officio member of the Board serve as chief operating
executive of RFE/RL, Incorporated, for provision that an ex officio
member of the Board serve as chief operating executive or chairman of
the Board of Directors of RFE/RL, Incorporated.
1978 -- Subsec. (b)(1). Pub. L. 95-426, 303(1), substituted ''The
Board shall consist of seven members, two of whom shall be ex officio
members'' for ''The Board shall consist of six members, one of whom
shall be an ex officio member'', and ''and the chairman of the Board of
Directors of RFE/RL, Incorporated, shall be ex officio members'' for
''of RFE/RL, Incorporated, shall be an ex officio member''.
Subsec. (b)(4). Pub. L. 95-426, 303(2), substituted ''An ex officio
member'' for ''The ex officio member'', ''during his or her term'' for
''during his term'', inserted ''or as chairman of the Board'' after
''executive'' and ''as the case may be'' after ''Incorporated''.
1977 -- Subsec. (b)(1). Pub. L. 95-105, 302(b)(1), substituted
''RFE/RL, Incorporated,'' for ''Radio Free Europe and Radio Liberty''.
Subsec. (b)(4). Pub. L. 95-105, 302(b)(2), substituted ''RFE/RL,
Incorporated'' for ''Radio Free Europe and Radio Liberty''.
1976 -- Subsec. (b)(1). Pub. L. 94-350, 302(a)(1), substituted in
first sentence ''six members, one of whom shall be an ex officio
member'' for ''seven members, two of whom shall be ex officio members''
and in fourth sentence ''Radio Liberty shall be an ex officio member''
for ''the chief operating executive of Radio Liberty shall be ex officio
members''.
Subsec. (b)(4). Pub. L. 94-350, 302(a)(2), substituted ''The ex
officio member of the Board shall serve on the Board during his term of
service as chief operating executive of Radio Free Europe and Radio
Liberty'' for ''Ex officio members of the Board shall serve on the Board
during their terms of service as chief operating executives of Radio
Free Europe or Radio Liberty''.
Subsec. (b)(5). Pub. L. 94-350, 302(a)(3), substituted in third
sentence ''The ex officio member'' for ''Ex officio members''.
Subsec. (c). Pub. L. 94-350, 302(b), added subsec. (c).
22 USC 2873. Functions of Board
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The Board is authorized:
(1) to make grants to RFE/RL, Incorporated, in order to carry out the
purposes set forth in section 2871 of this title;
(2) to review and evaluate the mission and operation of RFE/RL,
Incorporated, and to assess the quality, effectiveness and professional
integrity of its broadcasting within the context of the broad foreign
policy objectives of the United States;
(3) to encourage the most efficient utilization of available
resources by RFE/RL, Incorporated, and to undertake, or request that
RFE/RL, Incorporated, undertake, such studies as may be necessary to
identify areas in which the operations of RFE/RL, Incorporated, may be
made more efficient and economical;
(4) to develop and apply such financial procedures, and to make such
audits of RFE/RL, Incorporated, as the Board may determine are
necessary, to assure that grants are applied in accordance with the
purposes for which such grants are made;
(5) to develop and apply such evaluative procedures as the Board may
determine are necessary to assure that grants are applied in a manner
not inconsistent with the broad foreign policy objectives of the United
States Government;
(6) to appoint such staff personnel as may be necessary, subject to
the provisions of title 5 governing appointments in the competitive
service, and to fix their compensation in accordance with the provisions
of chapter 51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates;
(7)(A) to procure temporary and intermittent personal services to the
same extent as is authorized by section 3109 of title 5 at rates not to
exceed the daily equivalent of the rate provided for GS-18; and
(B) to allow those providing such services, while away from their
homes or their regular places of business, travel expenses (including
per diem in lieu of subsistence) as authorized by section 5703 of title
5 for persons in the Government service employed intermittently, while
so employed;
(8) to make available for its own use or for the use of RFE/RL,
Incorporated, for official reception and representational expenses not
to exceed $65,000 of the funds made available to carry out this chapter
each fiscal year;
(9) to report annually to the President and the Congress on or before
the 31st day of January, summarizing the activities of the Board during
the year ending the preceding September 30, and reviewing and evaluating
the operation of RFE/RL, Incorporated, during such year; and
(10) to prescribe such regulations as the Board deems necessary to
govern the manner in which its functions shall be carried out.
(b) In carrying out the foregoing functions, the Board shall bear in
mind the necessity of maintaining the professional independence and
integrity of RFE/RL, Incorporated.
(Pub. L. 93-129, 4, Oct. 19, 1973, 87 Stat. 458; Pub. L. 94-350,
title III, 302(c), July 12, 1976, 90 Stat. 833; Pub. L. 95-105, title
III, 302(c), Aug. 17, 1977, 91 Stat. 851; Pub. L. 95-426, title III,
304(a), Oct. 7, 1978, 92 Stat. 976.)
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (a)(6), are classified to section 3301
et seq. of Title 5, Government Organization and Employees.
1978 -- Subsec. (a)(8) to (10). Pub. L. 95-426, 304(a)(1), (2),
added par. (8) and redesignated former pars. (8) and (9) as (9) and
(10), respectively.
1977 -- Subsec. (a)(1). Pub. L. 95-105, 302(c)(1), substituted
''RFE/RL, Incorporated,'' for ''Radio Free Europe and Radio Liberty''.
Subsec. (a)(2). Pub. L. 95-105, 302(c)(2), substituted ''RFE/RL,
Incorporated,'' for ''Radio Free Europe and Radio Liberty,'' and ''its''
for ''their''.
Subsec. (a)(3). Pub. L. 95-105, 302(c)(3), substituted ''RFE/RL,
Incorporated,'' for ''Radio Free Europe and Radio Liberty'' in three
places.
Subsec. (a)(4). Pub. L. 95-105, 302(c)(4), substituted ''RFE/RL,
Incorporated,'' for ''Radio Free Europe and Radio Liberty''.
Subsec. (a)(8). Pub. L. 95-105, 302(c)(5), substituted ''RFE/RL,
Incorporated,'' for ''Radio Free Europe and Radio Liberty''.
Subsec. (b). Pub. L. 95-105, 302(c)(6), substituted ''RFE/RL,
Incorporated'' for ''Radio Free Europe and Radio Liberty''.
1976 -- Subsec. (a)(8). Pub. L. 94-350 substituted as dates for the
annual report ''31st day of January'' for ''30th day of October'' and
''September'' for ''June''.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Section 304(b) of Pub. L. 95-426 provided that: ''The amendment
made by subsection (a)(2) of this section (amending this section) does
not apply with respect to funds appropriated before the date of
enactment of this Act (Oct. 7, 1978).''
Pub. L. 98-411, title III, 300, Aug. 30, 1984, 98 Stat. 1568, which
provided that no such engineering consultant fees could be paid after
January 1, 1985, at any time the Board's Director of Engineering
position was vacant, was repealed by Pub. L. 99-88, title I, 100, Aug.
15, 1985, 99 Stat. 308.
22 USC 2874. Recordkeeping requirements for RFE/RL, Incorporated
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Amounts and disposition of assistance; costs; portion of costs
supplied by other sources; other records
The Board shall require that RFE/RL, Incorporated, keep records which
fully disclose the amount and disposition of assistance provided under
this chapter, the total cost of the undertakings or programs in
connection with which such assistance is given or used, that portion of
the cost of the undertakings or programs supplied by other sources, and
such other records as will facilitate an effective audit.
(b) Access to records for audit and examination
The Board and the Comptroller General of the United States, or any of
their duly authorized representatives, shall have access for the purpose
of audit and examination to any books, documents, papers, and records of
RFE/RL, Incorporated, which, in the opinion of the Board or the
Comptroller General, may be related or pertinent to the assistance
provided under this chapter.
(c) Disclosure of persons and governments making contributions
No grant may be made under this chapter unless RFE/RL, Incorporated,
/1/ agrees to make available, and does make available, for public
inspection, during normal business hours at its principal office in the
United States, a complete list of every person and government making a
contribution to RFE/RL, Incorporated (including a contribution made to
any corporation or other entity having a principal purpose of receiving
private contributions on behalf of RFE/RL, Incorporated) during the
fiscal year preceding the making of the grant and the fiscal year in
which the grant is to be made, the address of the person or government
making the contribution, the amount of each such contribution, and the
date the contribution was made.
(Pub. L. 93-129, 5, Oct. 19, 1973, 87 Stat. 459; Pub. L. 95-105,
title III, 302(d), Aug. 17, 1977, 91 Stat. 852; Pub. L. 95-426, title
III, 305, Oct. 7, 1978, 92 Stat. 976.)
In subsec. (c) ''REF/RL, Incorporated'' was changed to read ''RFE/
RL, Incorporated'', the first time appearing, as the probable intent of
Congress.
1978 -- Subsec. (c). Pub. L. 95-426 inserted ''(including a
contribution made to any corporation or other entity having a principal
purpose of receiving private contributions on behalf of RFE/RL,
Incorporated)'' after ''contribution to RFE/RL, Incorporated''.
1977 -- Subsecs. (a), (b). Pub. L. 95-105, 302(d)(1), (2),
substituted ''RFE/RL, Incorporated,'' for ''Radio Free Europe and Radio
Liberty''.
Subsec. (c). Pub. L. 95-105, 302(d)(3), substituted ''RFE/RL,
Incorporated,'' for ''the radio to which the grant is to be made'' and
''RFE/RL, Incorporated,'' for ''that radio''.
/1/ See Codification note below.
22 USC 2875. Role of Secretary of State
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Supplying foreign policy information; reports
To assist the Board in carrying out its functions, the Secretary of
State shall provide the Board with such information regarding the
foreign policy of the United States as the Secretary may deem
appropriate. The Secretary shall report regularly to the Board on the
impact of broadcasts by RFE/RL, Incorporated, in Eastern Europe and the
Soviet Union.
(b) Observer representing Secretary to be present at Board meetings
No grant may be made under this chapter unless RFE/RL, Incorporated,
agrees to the presence of an observer representing the Secretary of
State at the meetings of its Board of Directors.
(Pub. L. 93-129, 6, Oct. 19, 1973, 87 Stat. 459; Pub. L. 99-93,
title III, 305(a), Aug. 16, 1985, 99 Stat. 436.)
1985 -- Subsec. (a). Pub. L. 99-93, 305(a)(1), (2), designated
existing provisions as subsec. (a) and inserted provision directing the
Secretary to report regularly to the Board on the impact of broadcasts
by RFE/RL, Incorporated, in Eastern Europe and the Soviet Union.
Subsec. (b). Pub. L. 99-93, 305(a)(3), added subsec. (b).
Board Meetings
Section 305(b) of Pub. L. 99-93 provided that: ''The Secretary of
State shall --
''(1) establish an office within the United States Consulate in
Munich, Federal Republic of Germany, which shall be responsible for the
daily liaison operations of the Department of State with RFE/RL,
Incorporated; and
''(2) be represented by an observer at each meeting of the Board for
International Broadcasting and of the Board of Directors of RFE/RL,
Incorporated.''
22 USC 2876. Public support
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Board is authorized to receive donations, bequests, devises,
gifts, and other forms of contributions of cash, services, and other
property, from persons, corporations, foundations, and all other groups
and entities both within the United States and abroad, and pursuant to
the Federal Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 471 et seq.), to use, sell, or otherwise dispose of such
property for the carrying out of its functions. For the purposes of
sections 170, 2055, and 2522 of title 26, the Board shall be deemed to
be a corporation described in section 170(c)(2), 2055(a)(2), or
2522(a)(2) of title 26, as the case may be.
(Pub. L. 93-129, 7, Oct. 19, 1973, 87 Stat. 459; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095.)
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Provisions of that Act relating to management and
disposal of Government property are classified to chapter 10 ( 471 et
seq.) of Title 40, Public Buildings, Property, and Works. For complete
classification of this Act to the Code, see Short Title note set out
under section 471 of Title 40 and Tables.
1986 -- Pub. L. 99-514 substituted ''Internal Revenue Code of 1986''
for ''Internal Revenue Code of 1954'', which for purposes of
codification was translated as ''title 26'' thus requiring no change in
text.
22 USC 2877. Authorization of appropriations; foreign currency
exchange rates fluctuations; merger and availability of excess amounts;
radio modernization
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization of appropriations
(1) There are authorized to be appropriated to carry out the purposes
of this chapter and the Inspector General Act of 1978 --
(A) $212,491,000 for fiscal year 1992 and $221,203,000 for fiscal
year 1993 (at April 2, 1991 exchange rates) and such additional amounts
for each such fiscal year as may be necessary to offset adverse
fluctuations in foreign currency exchange rates; and
(B) such additional amounts for any fiscal year as may be necessary
for increases in salary, pay, retirement, and other employee benefits
authorized by law.
(2) In order to maintain the level of operations authorized under
paragraph (1) for RFE/RL, Incorporated, there are authorized to be
appropriated such additional amounts as may be necessary for any fiscal
year to offset adverse fluctuations in foreign currency exchange rates,
or overseas wage and price changes, occurring after November 30 of the
earlier of (A) the calendar year which ended during the fiscal year
preceding such fiscal year, or (B) the calendar year which preceded the
calendar year during which the authorization of appropriations for such
fiscal year was enacted. Amounts appropriated under this paragraph
shall be available for obligation and expenditure only to the extent
that the Director of the Office of Management and Budget determines (and
so certifies to the Congress) is necessary, because of such fluctuations
or such changes, in order to maintain the level of operation authorized
under paragraph (1) for RFE/RL, Incorporated.
(3) Amounts appropriated under this subsection are authorized to be
made available until expended.
(4) The authorities of paragraph (1) may be exercised only in such
amounts and to such extent as provided for in advance in an
appropriations Act.
(b) Additional appropriations to maintain level of operations
Beginning with fiscal year 1983, any amount appropriated under
subsection (a)(1) of this section, which, because of upward fluctuations
in foreign currency exchange rates, is in excess of the amount necessary
to maintain the budgeted level of operation for RFE/ RL, Incorporated,
shall be certified to the Congress by the Director of the Office of
Management and Budget and shall --
(1) be placed in reserve in a separate account in the Treasury only
for the purpose of offsetting future downward fluctuations in foreign
currency exchange rates in order to maintain the level of operations
authorized for each fiscal year; or
(2) be used to make payments to RFE/RL's United States and German
pension plans in order to avoid future pension liabilities.
Any such amount placed in reserve may be merged with and made
available for the same time period and same purposes as amounts
appropriated under subsection (a)(2) of this section.
(c) Improvement of facilities
Of the authorization of appropriations contained in subsection (a)(
1)(A) of this section, authorizations of $20,000,000 for the fiscal year
1986 and $18,323,000 for the fiscal year 1987, which shall be available
for radio modernization, shall remain available until the appropriations
are made and when those amounts are appropriated they are authorized to
remain available until expended.
(Pub. L. 93-129, 8, Oct. 19, 1973, 87 Stat. 460; Pub. L. 93-392,
Aug. 28, 1974, 88 Stat. 781; Pub. L. 94-104, 1, Oct. 6, 1975, 89 Stat.
508; Pub. L. 94-350, title III, 301, July 12, 1976, 90 Stat. 832; Pub.
L. 95-105, title III, 301, Aug. 17, 1977, 91 Stat. 851; Pub. L.
95-426, title III, 301(a), 302, 306, Oct. 7, 1978, 92 Stat. 975, 976;
Pub. L. 96-60, title III, 302, Aug. 15, 1979, 93 Stat. 402; Pub. L.
97-241, title I, 112(c), title IV, 402, Aug. 24, 1982, 96 Stat. 278,
296; Pub. L. 98-164, title III, 302, 303, Nov. 22, 1983, 97 Stat.
1036; Pub. L. 99-93, title III, 301(a), 302, Aug. 16, 1985, 99 Stat.
434; Pub. L. 100-204, title V, 501(a), 502, Dec. 22, 1987, 101 Stat.
1383; Pub. L. 101-246, title III, 301(a), Feb. 16, 1990, 104 Stat. 63;
Pub. L. 102-138, title II, 241, 242, Oct. 28, 1991, 105 Stat. 704.)
The Inspector General Act of 1978, referred to in subsec. (a)(1), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
1991 -- Subsec. (a)(1). Pub. L. 102-138, 241(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''There are
authorized to be appropriated to carry out the purposes of this chapter
--
''(A) $180,330,000 for the fiscal year 1990 and $187,543,000 for the
fiscal year 1991, at April 21, 1989, exchange rates, and such additional
amounts for each such fiscal year as may be necessary to offset adverse
fluctuations in foreign currency exchange rates after such date; and
''(B) such additional amounts for any fiscal year as may be necessary
for increases in salary, pay, retirement, and other employee benefits
authorized by law.''
Subsec. (a)(4). Pub. L. 102-138, 241(b), added par. (4).
Subsec. (b). Pub. L. 102-138, 242, amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''Beginning with
fiscal year 1983, any amount appropriated under subsection (a)(1) of
this section which, because of upward fluctuations in foreign currency
exchange rates, is in excess of the amount necessary to maintain the
budgeted level of operation for RFE/RL, Incorporated, shall be certified
to the Congress by the Director of the Office of Management and Budget
and placed in reserve in a separate account in the Treasury only for the
purpose of offsetting future downward fluctuations in foreign currency
exchange rates in order to maintain the level of operations authorized
for each fiscal year. Any such amount may be merged with and made
available for the same time period and same purposes as amounts
appropriated under subsection (a)(2) of this section.''
1990 -- Subsec. (a)(1)(A). Pub. L. 101-246 amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows:
''$186,000,000 for fiscal year 1988 and $207,424,000 for fiscal year
1989; and''.
1987 -- Subsec. (a)(1)(A). Pub. L. 100-204, 501(a), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows:
''$125,000,000 for the fiscal year 1986 and $125,000,000 for the fiscal
year 1987; and''.
Subsec. (b). Pub. L. 100-204, 502, inserted ''shall be certified to
the Congress by the Director of the Office of Management and Budget and
placed in reserve in a separate account in the Treasury only for the
purpose of offsetting future downward fluctuations in foreign currency
exchange rates in order to maintain the level of operations authorized
for each fiscal year. Any such amount''.
1985 -- Subsec. (a)(1)(A). Pub. L. 99-93, 301(a), amended subpar.
(A) generally, substituting ''$125,000,000 for the fiscal year 1986 and
$125,000,000 for the fiscal year 1987'' for ''$111,600,000 for the
fiscal year 1983, $106,055,000 for the fiscal year 1984, and
$111,251,000 for the fiscal year 1985''.
Subsec. (c). Pub. L. 99-93, 302, added subsec. (c).
1983 -- Subsec. (a)(1)(A). Pub. L. 98-164, 302, amended subpar. (A)
generally, substituting provisions authorizing appropriations for fiscal
years 1983 to 1985 for provisions authorizing appropriations for fiscal
years 1982 and 1983.
Subsec. (b). Pub. L. 98-164, 303, amended subsec. (b) generally,
substituting provisions relating to merger and availability of amounts
beginning with fiscal year 1983, for provisions relating to reservation
of amounts and informing Congress of such amounts in reserve.
1982 -- Subsec. (a)(1)(A). Pub. L. 97-241, 402, substituted
provision authorizing appropriations of $86,519,000 for fiscal year 1982
and $98,317,000 for fiscal year 1983 for provision authorizing
appropriations of $81,917,000 for fiscal year 1980 and $86,787,000 for
fiscal year 1981, of which amount for each fiscal year not less than
$790,000 be available only to carry out the provisions of this chapter
other than section 2873(a)(1) of this title.
Subsec. (a)(2). Pub. L. 97-241, 112(c), inserted '', or overseas wage
and price changes,'' after ''foreign currency exchange rates'' and ''or
such changes'' after ''such fluctuations'', substituted ''earlier of''
for ''preceding fiscal year'', and added cls. (A) and (B).
1979 -- Subsec. (a) Pub. L. 96-60 designated introductory
provisions as par. (1); added subpar. (A); struck out item (1)
appropriations authorization of $88,180,000 for fiscal year 1979,
$5,000,000 to be available when determined by the Director of Office of
Management and Budget to be necessary because of downward fluctuations
in foreign currency exchange rates in order to maintain the budgeted
level of operation for RFE/RL, Inc.; redesignated item (2) as subpar.
(B), striking out therefrom use of appropriations for other
nondiscretionary costs; and added par. (2) incorporating currency
fluctuation provisions of item (1).
1978 -- Subsec. (a). Pub. L. 95-426, 301(a), 306(a), in provision
preceding par. (1), substituted ''1979'' for ''1978'', and in par. (1)
substituted ''$88,180,000'' and ''$5,000,000'' for ''$79,448,000'' and
''$8,500,000'', respectively, and ''RFE/RL, Incorporated'' for ''Radio
Free Europe and Radio Liberty''.
Pub. L. 95-426, 302, in par. (1), substituted ''$79,448,000'' and
''$8,500,000'' for ''$68,980,000'' and ''$5,000,000'', respectively, to
reflect the supplemental authorization of appropriations for fiscal year
1978.
Subsec. (b). Pub. L. 95-426, 306(b), substituted ''RFE/RL,
Incorporated'' for ''Radio Free Europe and Radio Liberty''.
1977 -- Subsec. (a). Pub. L. 95-105 substituted in provisions
preceding par. (1) ''1978'' for ''1977'' and in par. (1)
''$68,980,000'' for ''$58,385,000''.
1976 -- Subsec. (a). Pub. L. 94-350 incorporated existing first and
second sentences in provisions designated pars. (1) and (2) and the
last sentence, substituted appropriations authorization of $58,385,000
for fiscal year 1977 for prior provision for $65,640,000 for fiscal year
1976, and made $5,000,000 available only when determined by Director of
Office of Management and Budget to be necessary because of downward
fluctuations in foreign currency exchange rates in order to maintain the
budgeted level of operation for Radio Free Europe and Radio Liberty.
Subsec. (b). Pub. L. 94-350 substituted requirement that Director of
Office of Management and Budget place in reserve and inform the Congress
of any amount appropriated under this section which, because of upward
fluctuations in foreign currency exchange rates, is in excess of amount
necessary to maintain the budgeted level of operation for Radio Free
Europe and Radio Liberty for prior provision authorizing Secretary of
State to make grants to Radio Free Europe and to Radio Liberty under
such terms and conditions as he deemed appropriate to their continued
operation until a majority of the voting members of the Board were
appointed and qualified, and until appropriated funds were available to
the Board.
1975 -- Subsec. (a). Pub. L. 94-104, substituted provisions
authorizing appropriation of $65,640,000 for fiscal year 1976 for
provisions authorizing appropriation of $49,990,000 for fiscal year
1975, of which not less than $75,000 was to be available solely to
initiate broadcasts in the Estonian language and not less than $75,000
was to be available solely to initiate broadcasts in the Latvian
language, and extended from fiscal year 1975 to fiscal year 1976
authorization for additional or supplemental amounts.
1974 -- Subsec. (a). Pub. L. 93-392 substituted provisions
authorizing appropriations of $49,990,000 for fiscal year 1975, of which
not less than $75,000 shall be available solely to initiate broadcasts
in the Estonian language and not less than $75,000 shall be available
solely to initiate broadcasts in the Latvian language, for provisions
authorizing appropriations of $49,990,000 for fiscal year 1974, and
extended from fiscal year 1974 to fiscal year 1975 authorization for
additional or supplemental amounts.
Section 301(b) of Pub. L. 99-93 provided that: ''The amendment made
by subsection (a) (amending this section) shall take effect on October
1, 1985.''
Section 301(b) of Pub. L. 95-426 provided that: ''The amendments
made by subsection (a) of this section (amending this section by
authorizing the amount of appropriation for fiscal year 1979) shall take
effect on October 1, 1978.''
22 USC 2877a. Repealed. Pub. L. 101-302, title III, 320(a)(2), May 25,
1990, 104 Stat. 247
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 101-246, title III, 302, Feb. 16, 1990, 104 Stat.
63, provided that any funds appropriated for Board of International
Broadcasting would not be available for obligation or expenditure unless
such funds were appropriated pursuant to an authorization for
appropriations or if such funds were appropriated in excess of
authorized level of appropriations.
22 USC 2878. Reciprocity in use of broadcasting facilities by Communist
countries
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
No funds or other assistance may be provided by the Board under this
chapter to RFE/RL, Incorporated, if RFE/RL, Incorporated, permits any
Communist country (within the meaning of section 2370(f) of this title)
to use its broadcasting facilities unless that Communist country permits
RFE/RL, Incorporated, to use that country's broadcasting facilities on a
comparable basis.
(Pub. L. 93-129, 9, as added Pub. L. 95-426, title III, 307, Oct. 7,
1978, 92 Stat. 977.)
22 USC 2879. Report to Congress; alternative plans for relocation of
activities and personnel
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Under the authority of section 2873(a)(3) of this title, the Board
shall prepare and transmit to the Congress, on or before October 1,
1979, a report setting forth alternative plans for the relocation to the
territory of the United States of such activities of RFE/RL,
Incorporated, as would result in the transfer to the United States of
not less than 10 percent, 25 percent, and 50 percent, respectively, of
the total personnel of RFE/RL, Incorporated. For each such alternative
plan, the report shall include --
(1) proposals for the timing of such transfer and the recommended
location in the United States of such personnel;
(2) estimates of the costs and amortization period for such plan;
(3) a consideration of the impact of such plan on the operating
efficiency of RFE/RL, Incorporated, and on the effectiveness of RFE/RL,
Incorporated, in achieving its program objectives; and
(4) any other significant anticipated consequences of such a
relocation.
(Pub. L. 93-129, 10, as added Pub. L. 96-60, title III, 303, Aug.
15, 1979, 93 Stat. 402.)
22 USC 2880. Merger of Board for International Broadcasting and RFE/ RL
Board
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Grants to RFE/RL, Incorporated; conditions
Effective 60 days after August 24, 1982, no grant may be made under
this chapter to RFE/RL, Incorporated, unless the certificate of
incorporation of RFE/RL, Incorporated, has been amended to provide that
--
(1) the Board of Directors of RFE/RL, Incorporated, shall consist of
the members of the Board for International Broadcasting and of no other
members, except that the member of the Board for International
Broadcasting who is an ex officio member of that Board because of his or
her position as chief operating executive of RFE/RL, Incorporated, may
participate in the activities of the Board of Directors but may not vote
in the determinations of the Board of Directors; and
(2) such Board of Directors shall make all major policy
determinations governing the operation of RFE/RL, Incorporated, and
shall appoint and fix the compensation of such managerial officers and
employees of RFE/RL, Incorporated, as it deems necessary to carry out
the purposes of this chapter.
(b) RFE/RL, Incorporated, not to be construed as Federal agency or
instrumentality
Compliance with the requirement of paragraph (1) of subsection (a) of
this section shall not be construed to make RFE/RL, Incorporated a
Federal agency or instrumentality.
(Pub. L. 93-129, 11, as added Pub. L. 97-241, title IV, 403(a), Aug.
24, 1982, 96 Stat. 296.)
22 USC 2881. Benefits for certain retirees and surviving spouses of
employees of RFE/RL
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Congress hereby authorizes the Board to make available in
accordance with the Supplemental Appropriations Act, 1983, $4,900,000 of
the amount appropriated for the Board by that Act for enhancement of (1)
the pensions and cost-of-living adjustments of individuals who retired
from RFE/RL, Incorporated, before January 1, 1976, and (2) the benefits
to which surviving spouses of employees of RFE/RL, Incorporated, are
entitled by virtue of the creditable service of such employees rendered
before January 1, 1976.
(Pub. L. 93-129, 12, as added Pub. L. 98-164, title III, 304, Nov.
22, 1983, 97 Stat. 1036.)
The Supplemental Appropriations Act, 1983, referred to in text, is
Pub. L. 98-63, July 30, 1983, 97 Stat. 301. Provisions of this Act
relating to appropriations for the Board are not classified to the Code.
For complete classification of this Act to the Code, see Tables.
22 USC 2882. Salary of the RFE/RL President
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Funds made available under this chapter to RFE/RL, Incorporated, may
not be used for the salary of the President of RFE/RL, Incorporated, at
an annual rate in excess of the rate payable for level IV of the
Executive Schedule under section 5315 of title 5.
(Pub. L. 93-129, 13, as added Pub. L. 98-164, title III, 305(a), Nov.
22, 1983, 97 Stat. 1037.)
Section 305(b) of Pub. L. 98-164 provided that: ''The amendment
made by this section (enacting this section) applies with respect to
funds used for the salary of any President of RFE/RL, Incorporated, who
is appointed after the date of enactment of this Act (Nov. 22, 1983).''
22 USC 2883. Radio broadcasting to Afghanistan in the Dari and Pashto
languages
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Funds granted to RFE/RL, Incorporated, under this chapter may be used
for radio broadcasting to the Afghan people in the Dari and Pashto
languages, such broadcasts to be designated ''Radio Free Afghanistan''.
(Pub. L. 93-129, 14, as added Pub. L. 99-93, title III, 303(b), Aug.
16, 1985, 99 Stat. 434.)
22 USC CHAPTER 44 -- JAPAN-UNITED STATES FRIENDSHIP
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
2901. Congressional statement of findings and declaration of
purpose.
2902. Japan-United States Friendship Trust Fund.
(a) Establishment.
(b) Use of amounts in Fund for promotion of scholarly, cultural, and
artistic activities between Japan and United States.
(c) Use of amounts in Fund for administrative expenses of
Japan-United States Friendship Commission.
(d) Authorization of appropriations; source of amounts.
(e) Additional authorization of appropriations; source of amounts;
subsequent use of unappropriated portion of amounts authorized to be
appropriated.
2903. Japan-United States Friendship Commission.
(a) Establishment; composition.
(b) Compensation and travel expenses.
(c) Chairman; quorum; meetings.
2904. Functions of Commission.
(a) Promotion of scholarly, cultural, and artistic activities;
grants.
(b) Annual report.
2905. Administrative powers of Commission.
2906. Management of the Friendship Trust Fund.
(a) Constituent amounts.
(b) Investments by Secretary of Treasury in authorized obligations;
issuance of obligations and special obligations; conditions of
acquisition.
(c) Sale of obligations; redemption of special obligations.
(d) Credit to Fund of interest on, and proceeds from sale or
redemption of, any obligations held in Fund.
(e) Payments for implementation of programs and necessary expenses of
Commission, appropriation of amounts; exceptions.
22 USC 2901. Congressional statement of findings and declaration of
purpose
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) The Congress hereby finds that --
(1) the post-World War II evolution of the relationship between Japan
and the United States to peacetime friendship and partnership is one of
the most significant developments of the postwar period;
(2) the Agreement Between Japan and the United States of America
Concerning the Ryukyu Islands and the Daito Islands, signed at
Washington and Tokyo on June 17, 1971, is a major achievement and symbol
of the new relationship between the United States and Japan; and
(3) the continuation of close United States-Japan friendship and
cooperation will make a vital contribution to the prospects for peace,
prosperity, and security in Asia and the world.
(b) It is therefore the purpose of this chapter to provide for the
use of an amount equal to a part of the total sum payable by Japan to
the United States in connection with the reversion of Okinawa to
Japanese administration and the remaining funds of the amount set aside
in 1962 for educational and cultural exchange with Japan (known as the
G.A.R.I.O.A. Account) to aid education and culture at the highest level
in order to enhance reciprocal people-to-people understanding and to
support the close friendship and mutuality of interests between the
United States and Japan.
(Pub. L. 94-118, 2, Oct. 20, 1975, 89 Stat. 603.)
Section 1 of Pub. L. 94-118 provided: ''That this Act (enacting
this chapter) may be cited as the 'Japan-United States Friendship
Act'.''
22 USC 2902. Japan-United States Friendship Trust Fund
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment
There is established in the Treasury of the United States a trust
fund to be known as the Japan-United States Friendship Trust Fund
(hereafter referred to as the ''Fund'').
(b) Use of amounts in Fund for promotion of scholarly, cultural, and
artistic activities between Japan and United States
Amounts in the Fund shall be used for the promotion of scholarly,
cultural, and artistic activities between Japan and the United States,
including --
(1) support for studies, including language studies, in institutions
of higher education or scholarly research in Japan and the United
States, designed to foster mutual understanding between Japan and the
United States;
(2) support for major collections of Japanese books and publications
in appropriate libraries located throughout the United States and
similar support for collections of American books and publications in
appropriate libraries located throughout Japan;
(3) support for programs in the arts in association with appropriate
institutions in Japan and the United States;
(4) support for fellowships and scholarships at the graduate and
faculty levels in Japan and the United States in accord with the
purposes of this chapter;
(5) support for visiting professors and lecturers at colleges and
universities in Japan and the United States; and
(6) support for other Japan-United States cultural and educational
activities consistent with the purposes of this chapter.
(c) Use of amounts in Fund for administrative expenses of
Japan-United States Friendship Commission
Amounts in the Fund may also be used to pay administrative expenses
of the Japan-United States Friendship Commission, established by section
2903 of this title, as directed by that Commission.
(d) Authorization of appropriations; source of amounts
There is authorized to be appropriated to the Fund, for fiscal year
1976, an amount equal to 7.5 per centum of the total funds payable to
the United States pursuant to the Agreement Between Japan and the United
States of America Concerning the Ryukyu Islands and the Daito Islands,
signed at Washington and Tokyo, June 17, 1971, including interest and
proceeds accruing to the Fund from such funds in accordance with
sections 2905(4) and 2906 of this title.
(e) Additional authorization of appropriations; source of amounts;
subsequent use of unappropriated portion of amounts authorized to be
appropriated
(1) There is authorized to be appropriated to the Fund, for fiscal
year 1976, in addition to the amount authorized to be appropriated by
subsection (d) of this section, those funds available in United States
accounts in Japan and transferred by the Government of Japan to the
United States pursuant to the United States request made under article V
of the agreement between the United States of America and Japan
regarding the settlement of Postwar Economic Assistance to Japan, signed
in Tokyo, January 9, 1962, and the exchange of notes of the same date
(13 U.S.T. 1957; T.I.A.S. 5154) (the G.A.R.I.O.A. Account), including
interest accruing to the G.A.R.I.O.A. Account and interest and proceeds
accruing to the Fund from such funds in accordance with sections 2905(4)
and 2906 of this title.
(2) The amount authorized to be appropriated by paragraph (1) of this
subsection shall not include any amount required by law to be applied to
United States participation in the International Ocean Exposition to be
held in Okinawa, Japan.
(3) Any unappropriated portion of the amount authorized to be
appropriated by subsection (d) of this section and paragraph (1) of this
subsection for fiscal year 1976 may be appropriated in any subsequent
fiscal year.
(Pub. L. 94-118, 3, Oct. 20, 1975, 89 Stat. 603; Pub. L. 94-350,
title IV, 401(2), (3)(A), July 12, 1976, 90 Stat. 833.)
1976 -- Subsecs. (d), (e)(1). Pub. L. 94-350 included interest and
proceeds accruing to the Fund in accordance with sections 2905(4) and
2906 of this title.
22 USC 2903. Japan-United States Friendship Commission
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment; composition
There is established a commission to be known as the Japan-United
States Friendship Commission (hereafter referred to as the
''Commission''). The Commission shall be composed of --
(1) the members of the United States Panel of the Joint Committee on
United States-Japan Cultural and Educational Cooperation;
(2) two Members of the House of Representatives, to be appointed at
the beginning of each Congress or upon the occurrence of a vacancy
during a Congress by the Speaker of the House of Representatives;
(3) two Members of the Senate, to be appointed at the beginning of
each Congress or upon the occurrence of a vacancy during a Congress by
the President pro tempore of the Senate;
(4) the Chairman of the National Endowment for the Arts; and
(5) the Chairman of the National Endowment for the Humanities.
(b) Compensation and travel expenses
Members of the Commission who are not full-time officers or employees
of the United States and who are not Members of Congress shall, while
serving on business of the Commission, be entitled to receive
compensation at rates fixed by the President, but not exceeding the rate
specified at the time of such service for grade GS-18 in section 5332 of
title 5, including traveltime; and while so serving away from their
homes or regular places of business, all members of the Commission may
be allowed travel expenses including per diem in lieu of subsistence, as
authorized by section 5703 of title 5 for persons in Government service
employed intermittently.
(c) Chairman; quorum; meetings
The Chairman of the United States Panel of the Joint Committee on
United States-Japan Cultural and Educational Cooperation shall be the
Chairman of the Commission. A majority of the members of the Commission
shall constitute a quorum. The Commission shall meet at least twice in
each year.
(Pub. L. 94-118, 4, Oct. 20, 1975, 89 Stat. 604.)
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
22 USC 2904. Functions of Commission
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Promotion of scholarly, cultural, and artistic activities;
grants
The Commission is authorized to --
(1) develop and carry out programs at public or private institutions
for the promotion of scholarly, cultural, and artistic activities in
Japan and the United States consistent with the provisions of section
2902(b) of this title; and
(2) make grants to carry out such programs.
(b) Annual report
The Commission shall submit to the President and to the Congress an
annual report of its activities under this chapter together with such
recommendations as the Commission determines appropriate.
(Pub. L. 94-118, 5, Oct. 20, 1975, 89 Stat. 605.)
22 USC 2905. Administrative powers of Commission
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In order to carry out its functions under this chapter, the
Commission is authorized to --
(1) prescribe such regulations as it deems necessary governing the
manner in which its functions shall be carried out;
(2) receive money and property donated, bequeathed, or devised,
without condition or restriction other than that it be used for the
purposes of this chapter; and to use, sell, or otherwise dispose of
such property (including transfer to the Fund) for the purpose of
carrying out the purposes of this chapter, and any such donation shall
be exempt from any Federal income, State, or gift tax;
(3) in the discretion of the Commission, receive (and use, sell, or
otherwise dispose of, in accordance with paragraph (2)) money and other
property donated, bequeathed, or devised to the Commission with a
condition or restriction, including a condition that the Commission use
other funds of the Commission for the purposes of the gift, and any such
donation shall be exempt from any Federal income, State, or gift tax;
(4) direct the Secretary of the Treasury to make expenditure of the
income of the Fund, any amount of the contributions deposited in the
Fund from nonappropriated sources pursuant to paragraph (2) or (3) of
this section, and not to exceed 5 percent annually of the principal of
the total amount appropriated to the Fund to carry out the purposes of
this chapter, including the payment of Commission expenses if needed,
except that any amounts expended from amounts appropriated to the Fund
under section 2902(e)(1) of this title shall be expended in Japan or for
not more than 50 percent of administrative expenses in the United
States;
(5) appoint an Executive Director, without regard to the provisions
of title 5 governing appointments in the competitive service, who shall
be compensated at the rate provided for a GS-18 of the General Schedule
of such title;
(6) obtain the services of experts and consultants in accordance with
the provisions of section 3109 of title 5, at rates for individuals not
to exceed the rate specified at the time of such service for grade GS-18
in section 5332 of title 5;
(7) accept and utilize the services of voluntary and noncompensated
personnel and reimburse them for travel expenses, including per diem, as
authorized by section 5703 of title 5;
(8) enter into contracts, grants, or other arrangements, or
modifications thereof;
(9) make advances, progress, and other payments which the Commission
deems necessary under this chapter;
(10) obtain such administrative support services and personnel as the
Commission deems necessary and appropriate to its needs; and
(11) transmit its official mail as penalty mail in the same manner
and upon the same conditions as an officer of the United States other
than a Member of Congress is permitted to transmit official mail as
penalty mail under section 3202 of title 39.
(Pub. L. 94-118, 6, Oct. 20, 1975, 89 Stat. 605; Pub. L. 94-350,
title IV, 401(1), July 12, 1976, 90 Stat. 833; Pub. L. 95-426, title
VII, 703(a), Oct. 7, 1978, 92 Stat. 992; Pub. L. 97-241, title V, 503(
a), Aug. 24, 1982, 96 Stat. 298; Pub. L. 102-138, title I, 167, Oct.
28, 1991, 105 Stat. 676.)
The provisions of title 5 governing appointments in the competitive
service, referred to in par. (5), are classified to section 3301 et
seq. of Title 5, Government Organization and Employees.
1991 -- Par. (4). Pub. L. 102-138 inserted ''or for not more than 50
percent of administrative expenses in the United States'' after
''Japan''.
1982 -- Par. (4). Pub. L. 97-241 substituted '', any amount of the
contributions deposited in the Fund from nonappropriated sources
pursuant to paragraph (2) or (3) of this section, and not to exceed 5
percent annually of the principal of the total amount appropriated to
the Fund'' for ''and not to exceed 5 per centum annually of the
principal of the Fund''.
1978 -- Par. (11). Pub. L. 95-426 added par. (11).
1976 -- Par. (10). Pub. L. 94-350 struck out ''from the Secretary of
State, on a reimbursable basis,'' after ''obtain''.
Section 703(b) of Pub. L. 95-426 provided that: ''The amendments
made by this section (amending this section) shall take effect on
October 1, 1978.''
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
22 USC 2906. Management of the Friendship Trust Fund
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Constituent amounts
The Fund shall consist of --
(1) amounts appropriated under sections 2902(d) and (e)(1) of this
title;
(2) any other amounts received by the Fund by way of gifts and
donations; and
(3) interest and proceeds credited to it under subsection (b) of this
section.
(b) Investments by Secretary of Treasury in authorized obligations;
issuance of obligations and special obligations; conditions of
acquisition
It shall be the duty of the Secretary of the Treasury (hereafter
referred to as the ''Secretary'') to invest such portion of the Fund as
is not, in the judgment of the Commission, required to meet current
withdrawals. Such investment of amounts authorized to be appropriated
under section 2902(d) of this title may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States. For such purposes, the
obligations may be acquired (1) on original issue at the issue price, or
(2) by purchase of outstanding obligations at the market price. The
purposes for which obligations of the United States may be issued under
chapter 31 of title 31, are hereby extended to authorize the issuance at
par of special obligations exclusively to the Fund. Such special
obligations shall bear interest at a rate equal to the average rate of
interest, computed as to the end of the calendar month next preceding
the date of such issue, borne by all marketable interest-bearing
obligations of the United States issued during the preceding two years
then forming part of the public debt; except that where such average
rate is not a multiple of one-eight of 1 per centum, the rate of
interest of such special obligations shall be the multiple of one-eighth
of 1 per centum next lower than such average rate. Such special
obligations shall be issued only if the Secretary determines that the
purchase of other interest-bearing obligations of the United States, or
of obligations guaranteed as to both principal and interest by the
United States on original issue or at the market price, is not in the
public interest.
(c) Sale of obligations; redemption of special obligations
Any obligation acquired by the Fund (except special obligations
issued exclusively to the Fund) may be sold by the Secretary at the
market price, and such special obligations may be redeemed at par plus
accrued interest.
(d) Credit to Fund of interest on, and proceeds from sale or
redemption of, any obligations held in Fund
The interest on, and the proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and form a part of the
Fund.
(e) Payments for implementation of programs and necessary expenses of
Commission; appropriation of amounts; exceptions
In accordance with section 2905(4) of this title, the Secretary shall
pay out of the Fund such amounts, including expenses of the Commission,
as the Commission considers necessary to carry out the provisions of
this chapter; except that amounts in the Fund, other than amounts which
have been appropriated and amounts received (including amounts earned as
interest on, and proceeds from the sale or redemption of, obligations
purchased with amounts received) by the Commission pursuant to sections
2905(2) and (3) of this title, shall be subject to the appropriation
process.
(Pub. L. 94-118, 7, Oct. 20, 1975, 89 Stat. 606; Pub. L. 94-350,
title IV, 401(3)(B), July 12, 1976, 90 Stat. 833; Pub. L. 97-241, title
V, 503(b), Aug. 24, 1982, 96 Stat. 298.)
In subsec. (b), ''chapter 31 of title 31'' substituted for ''the
Second Liberty Bond Act, as amended'' on authority of Pub. L. 97-258,
4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which
enacted Title 31, Money and Finance.
1982 -- Subsec. (e). Pub. L. 97-241 inserted ''(including amounts
earned as interest on, and proceeds from the sale or redemption of,
obligations purchased with amounts received)'' after ''amounts
received''.
1976 -- Subsec. (b). Pub. L. 94-350 substituted ''investment of
amounts authorized to be appropriated under section 2902(d) of this
title may be made'' for ''investment may be made'' in second sentence.
22 USC CHAPTER 45 -- COMMISSION ON SECURITY AND COOPERATION IN EUROPE
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
3001. Commission on Security and Cooperation in Europe;
establishment.
3002. Function and duties of Commission.
3003. Commission membership.
(a) Selection and appointment of members.
(b) Commission Chairman and Cochairman.
(c) Designation of Chairman.
(d) Designation of Cochairman.
3004. Testimony of witnesses, production of evidence; issuance of
subpena; administration of oaths.
3005. Presidential report to Congress; annual submission;
contents.
3006. Commission report to Congress; periodic reports; expenditure
of appropriations.
3007. Appropriations for Commission.
(a) Authorization; disbursements.
(b) Use of foreign currencies.
(c) Official reception and representational expenses.
(d) Foreign travel for official purposes.
3008. Commission staff.
(a) Personnel and administration committee.
(b) Committee functions.
(c) Staff appointments.
(d) Commission employees as congressional employees.
3009. Printing and binding costs.
22 USC 3001. Commission on Security and Cooperation in Europe;
establishment
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There is established the Commission on Security and Cooperation in
Europe (hereafter in this chapter referred to as the ''Commission'').
(Pub. L. 94-304, 1, June 3, 1976, 90 Stat. 661.)
22 USC 3002. Function and duties of Commission
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Commission is authorized and directed to monitor the acts of the
signatories which reflect compliance with or violation of the articles
of the Final Act of the Conference on Security and Cooperation in
Europe, with particular regard to the provisions relating to human
rights and Cooperation in Humanitarian Fields. The Commission is
further authorized and directed to monitor and encourage the development
of programs and activities of the United States Government and private
organizations with a view toward taking advantage of the provisions of
the Final Act to expand East-West economic cooperation and a greater
interchange of people and ideas between East and West.
(Pub. L. 94-304, 2, June 3, 1976, 90 Stat. 661; Pub. L. 99-7, 2,
Mar. 27, 1985, 99 Stat. 19.)
The Final Act of the Conference on Security and Cooperation in
Europe, referred to in text, means part four of the Helsinki Declaration
which deals with follow-up to the Conference and possible steps to
encourage compliance with its purposes and undertakings. The
Declaration was signed on August 1, 1975 by the nine members of the
European Economic Community and the 35 participants to the Conference
included all the European States, both Communist (except Albania) and
non-Communist, the United States, Canada, and several non-participating
Mediterranean states.
1985 -- Pub. L. 99-7 inserted ''human rights and'' after ''relating
to''.
Section 6 of Pub. L. 99-7 provided that:
''(a) Except as provided in subsection (b), this Act and the
amendments made by this Act (amending this section and sections 3003,
3007, and 3008 of this title and enacting provisions set out as a note
under section 3003 of this title) shall take effect on the date of
enactment of this Act (Mar. 27, 1985) or April 15, 1985, whichever is
later.
''(b)(1) The amendment made by subsection (b) of the first section
(amending section 3003 of this title) shall take effect on the first day
of the One Hundredth Congress (which convenes in January 1987).
''(2) Subsection (d) of section 8 of the Act entitled 'An Act to
establish a Commission on Security and Cooperation in Europe', approved
June 3, 1976 (as added by section 5 of this Act) (section 3008(d) of
this title), shall be effective as of June 3, 1976.''
22 USC 3003. Commission membership
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Selection and appointment of members
The Commission shall be composed of twenty-one members as follows:
(1) Nine Members of the House of Representatives appointed by the
Speaker of the House of Representatives. Five Members shall be selected
from the majority party and four Members shall be selected, after
consultation with the minority leader of the House, from the minority
party.
(2) Nine Members of the Senate appointed by the President of the
Senate. Five Members shall be selected from the majority party of the
Senate, after consultation with the majority leader, and four Members
shall be selected, after consultation with the minority leader of the
Senate, from the minority party.
(3) One member of the Department of State appointed by the President
of the United States.
(4) One member of the Department of Defense appointed by the
President of the United States.
(5) One member of the Department of Commerce appointed by the
President of the United States.
(b) Commission Chairman and Cochairman
There shall be a Chairman and a Cochairman of the Commission.
(c) Designation of Chairman
At the beginning of each odd-numbered Congress, the President of the
Senate, on the recommendation of the majority leader, shall designate
one of the Senate Members as Chairman of the Commission. At the
beginning of each even-numbered Congress, the Speaker of the House of
Representatives shall designate one of the House Members as Chairman of
the Commission.
(d) Designation of Cochairman
At the beginning of each odd-numbered Congress, the Speaker of the
House of Representatives shall designate one of the House Members as
Cochairman of the Commission. At the beginning of each even-numbered
Congress, the President of the Senate, on the recommendation of the
majority leader, shall designate one of the Senate Members as Cochairman
of the Commission.
(Pub. L. 94-304, 3, June 3, 1976, 90 Stat. 661; Pub. L. 99-7, 1( a),
(b), Mar. 27, 1985, 99 Stat. 18.)
1985 -- Subsecs. (a), (b). Pub. L. 99-7, 1(a), in amending section
generally, designated existing provisions as subsec. (a) and added
subsec. (b). Prior to amendment, section read as follows: ''The
Commission shall be composed of fifteen members as follows:
''(1) Six Members of the House of Representatives appointed by the
Speaker of the House of Representatives. Four members shall be selected
from the majority party and two shall be selected, after consultation
with the minority leader of the House, from the minority party. The
Speaker shall designate one of the House Members as chairman.
''(2) Six Members of the Senate appointed by the President of the
Senate. Four members shall be selected from the majority party and two
shall be selected after consultation with the minority leader of the
Senate, from the minority party.
''(3) One member of the Department of State appointed by the
President of the United States.
''(4) One member of the Defense Department appointed by the President
of the United States.
''(5) One member of the Commerce Department appointed by the
President of the United States.''
Subsecs. (c), (d). Pub. L. 99-7, 1(b), added subsecs. (c) and (d).
Amendment by section 1(a) of Pub. L. 99-7 effective Apr. 15, 1985,
see section 6(a) of Pub. L. 99-7, set out as a note under section 3002
of this title.
Amendment by section 1(b) of Pub. L. 99-7 effective on first day of
100th Congress (which convenes in Jaunary 1987), see section 6(b)(1) of
Pub. L. 99-7, set out as a note under section 3002 of this title.
Section 1(c) of Pub. L. 99-7 provided that: ''On the effective date
of this subsection (Apr. 15, 1985), the President of thd Senate, on the
recommendation of the majority leader, shall designate one of the Senate
Members to serve as Chairman of the Commission for the duration of the
Ninety-ninth Congress, and the Speaker of the House of Representatives
shall designate one of the House Members to serve as Cochairman of the
Commission for the duration of the Ninety-ninth Congress.''
22 USC 3004. Testimony of witnesses, production of evidence; issuance
of subpena; administration of oaths
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In carrying out this chapter, the Commission may require, by subpena
or otherwise, the attendance and testimony of such witnesses and the
production of such books, records, correspondence, memorandums, papers,
and documents as it deems necessary. Subpenas may be issued over the
signature of the Chairman of the Commission or any member designated by
him, and may be served by any person designated by the Chairman or such
member. The Chairman of the Commission, or any member designated by
him, may administer oaths to any witness.
(Pub. L. 94-304, 4, June 3, 1976, 90 Stat. 661.)
22 USC 3005. Presidential report to Congress; annual submission;
contents
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In order to assist the Commission in carrying out its duties, the
President shall submit to the Commission an annual report,, /1/ which
shall include (1) a detailed survey of actions by the signatories of the
Final Act reflecting compliance with or violation of the provisions of
the Final Act, and (2) a listing and description of present or planned
programs and activities of the appropriate agencies of the executive
branch and private organizations aimed at taking advantage of the
provisions of the Final Act to expand East-West economic cooperation and
to promote a greater interchange of people and ideas between East and
West.
(Pub. L. 94-304, 5, June 3, 1976, 90 Stat. 661; Pub. L. 102-138,
title I, 171, Oct. 28, 1991, 105 Stat. 679.)
The Final Act of the Conference on Security and Cooperation in
Europe, referred to in text, means part four of the Helsinki Declaration
which deals with follow-up to the Conference and possible steps to
encourage compliance with its purposes and undertakings. The
Declaration was signed on August 1, 1975 by the nine members of the
European Economic Community and the 35 participants to the Conference
included all the European States, both Communist (except Albania) and
non-Communist, the United States, Canada, and several non-participating
Mediterranean states.
1991 -- Pub. L. 102-138, 171(2), which directed the striking out of
''the first one to be submitted six months after June 3, 1976'' after
''report'', was executed by striking that language after ''report,'' to
reflect the probable intent of Congress.
Pub. L. 102-138, 171(1), substituted ''an annual report'' for ''a
semiannual report''.
Memorandum of President of the United States, Feb. 10, 1992, 57 F.
R. 5367, provided:
Memorandum for the Honorable James A. Baker, III, the Secretary of
State
By virtue of the authority vested in me by the Constitution and laws
of the United States of America, including section 301 of title 3 of the
United States Code, I hereby delegate to you the functions vested in me
by section 5 of Public Law 94-304 (22 U.S.C. 3005). The authority
delegated by this memorandum may be further delegated within the
Department of State.
You are authorized and directed to publish this memorandum in the
Federal Register.
George Bush.
/1/ So in original.
22 USC 3006. Commission report to Congress; periodic reports;
expenditure of appropriations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Commission is authorized and directed to report to the House of
Representatives and the Senate with respect to the matters covered by
this chapter on a periodic basis and to provide information to Members
of the House and Senate as requested. For each fiscal year for which an
appropriation is made the Commission shall submit to Congress a report
on its expenditures under such appropriation.
(Pub. L. 94-304, 6, June 3, 1976, 90 Stat. 662.)
22 USC 3007. Appropriations for Commission
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization; disbursements
(1) There are authorized to be appropriated to the Commission for
each fiscal year such sums as may be necessary to enable it to carry out
its duties and functions. Appropriations to the Commission are
authorized to remain available until expended.
(2) Appropriations to the Commission shall be disbursed on vouchers
approved --
(A) jointly by the Chairman and the Cochairman, or
(B) by a majority of the members of the personnel and administration
committee established pursuant to section 3008(a) of this title.
(b) Use of foreign currencies
For purposes of section 1754(b) of this title, the Commission shall
be deemed to be a standing committee of the Congress and shall be
entitled to use funds in accordance with such sections.
(c) Official reception and representational expenses
Not to exceed $6,000 of the funds appropriated to the Commission for
each fiscal year may be used for official reception and representational
expenses.
(d) Foreign travel for official purposes
Foreign travel for official purposes by Commission members and staff
may be authorized by either the Chairman or the Cochairman.
(Pub. L. 94-304, 7, June 3, 1976, 90 Stat. 662; Pub. L. 94-534, Oct.
17, 1976, 90 Stat. 2495; Pub. L. 95-426, title VII, 702, Oct. 7, 1978,
92 Stat. 992; Pub. L. 96-60, title IV, 401, Aug. 15, 1979, 93 Stat.
403; Pub. L. 99-7, 3, 4, Mar. 27, 1985, 99 Stat. 19.)
1985 -- Subsec. (a). Pub. L. 99-7, 3, amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''There
is authorized to be appropriated to the Commission for each fiscal year
and to remain available until expended $550,000 to assist in meeting the
expenses of the Commission for the purpose of carrying out the
provisions of this chapter, such appropriation to be disbursed on
voucher to be approved by the Chairman of the Commission.''
Subsec. (d). Pub. L. 99-7, 4, added subsec. (d).
1979 -- Subsec. (c). Pub. L. 96-60 added subsec. (c).
1978 -- Subsec. (a). Pub. L. 95-426 substituted ''$550,000'' for
''$350,000''.
1976 -- Pub. L. 94-534 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 99-7 effective Apr. 15, 1985, see section 6(
a) of Pub. L. 99-7, set out as a note under section 3002 of this title.
22 USC 3008. Commission staff
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Personnel and administration committee
The Commission shall have a personnel and administration committee
composed of the Chairman, the Cochairman, the senior Commission member
from the minority party in the House of Representatives, and the senior
Commission member from the minority party in the Senate.
(b) Committee functions
All decisions pertaining to the hiring, firing, and fixing of pay of
Commission staff personnel shall be by a majority vote of the personnel
and administration committee, except that --
(1) the Chairman shall be entitled to appoint and fix the pay of the
staff director, and the Cochairman shall be entitled to appoint and fix
the pay of his senior staff person; and
(2) the Chairman and Cochairman each shall have the authority to
appoint, with the approval of the personnel and administration
committee, at least four professional staff members who shall be
responsible to the Chairman or the Cochairman (as the case may be) who
appointed them.
The personnel and administration committee may appoint and fix the
pay of such other staff personnel as it deems desirable.
(c) Staff appointments
All staff appointments shall be made without regard to the provisions
of title 5 governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and general schedule
pay rates.
(d) Commission employees as congressional employees
(1) For purposes of pay and other employment benefits, rights, and
privileges and for all other purposes, any employee of the Commission
shall be considered to be a congressional employee as defined in section
2107 of title 5.
(2) For purposes of section 3304(c)(1) of title 5, staff personnel of
the Commission shall be considered as if they are in positions in which
they are paid by the Secretary of the Senate or the Clerk of the House
of Representatives.
(3) The provisions of paragraphs (1) and (2) of this subsection shall
be effective as of June 3, 1976.
(Pub. L. 94-304, 8, June 3, 1976, 90 Stat. 662; Pub. L. 99-7, 5,
Mar. 27, 1985, 99 Stat. 19.)
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (c), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
1985 -- Subsecs. (a), (b). Pub. L. 99-7, in amending section
generally, added subsecs. (a) and (b).
Subsec. (c). Pub. L. 99-7, in amending section generally, designated
existing provisions as subsec. (c) and substituted ''All staff
appointments shall be made'' for ''The Commission may appoint and fix
the pay of such staff personnel as it deems desirable,''.
Subsec. (d). Pub. L. 99-7, in amending section generally, added
subsec. (d).
Amendment by Pub. L. 99-7 effective Apr. 15, 1985, except for
enactment of subsec. (d) which was effective June 3, 1976, see section
6(a), (b)(2) of Pub. L. 99-7, set out as a note under section 3002 of
this title.
22 USC 3009. Printing and binding costs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
For purposes of costs relating to printing and binding, including the
costs of personnel detailed from the Government Printing Office, the
Commission shall be deemed to be a committee of the Congress.
(Pub. L. 94-304, 9, as added Pub. L. 99-190, 134, Dec. 19, 1985, 99
Stat. 1322.)
22 USC CHAPTER 46 -- INTERNATIONAL INVESTMENT AND TRADE IN SERVICES
SURVEY
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
3101. Congressional statement of findings and declaration of
purpose.
(a) Findings.
(b) Purpose.
(c) Nonrestraint and nondeterrence of investment.
3102. Definitions.
3103. Presidential authority and duties.
(a) Data collection program; studies and surveys; periodic report
to Congressional committees; statistical information publication.
(b) Benchmark survey of United States direct investment abroad and
foreign direct investment in United States.
(c) Benchmark survey of foreign portfolio investment in United States
and United States portfolio investment abroad; report to Congress.
(d) Foreign agricultural and real property investment and land data
system: study; submittal of findings and conclusions to Congress.
(e) Report on cost of monitoring and compiling data on legislation
enacted by foreign nations regulating and restricting foreign inward
investment.
(f) Reporting, recordkeeping, and documentation.
(g) Costs for collecting information.
(h) Bureau of Economic Analysis report.
3104. Rules and regulations.
(a) Authorization.
(b) Recordkeeping and reports.
(c) Access to information; limitation.
(d) Access to Bureau of Economic Analysis information.
(e) Penalty.
3105. Enforcement.
(a) Civil penalty for failure to furnish information.
(b) Civil action for failure to furnish information.
(c) Criminal penalty for failure to submit information.
3106. Use of experts and administrative support services.
(a) Compensation and travel expenses.
(b) Use of available Federal agency services, equipment, personnel,
and facilities.
3107. Consultations; creation of independent public advisory
committees.
3108. Authorization of appropriations.
22 USC 3101. Congressional statement of findings and declaration of
purpose
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Findings
The Congress finds and declares that --
(1) the United States Government is presently authorized to collect
limited amounts of information on United States investment abroad and
foreign investment in the United States;
(2) international investment has increased rapidly within recent
years;
(3) such investment significantly affects the economies of the United
States and other nations;
(4) international efforts to obtain information on the activities of
multinational enterprises and other international investors have
accelerated recently;
(5) the potential consequences of international investment cannot be
evaluated accurately because the United States Government lacks
sufficient information on such investment and its actual or possible
effects on the national security, commerce, employment, inflation,
general welfare, and foreign policy of the United States;
(6) accurate and comprehensive information on international
investment is needed by the Congress to develop an informed United
States policy on such investment;
(7) United States service industries engaged in interstate and
foreign commerce account for a substantial part of the labor force and
gross national product of the United States economy, and such commerce
is rapidly increasing;
(8) international trade and services is an important issue for
international negotiations and deserves priority in the attention of
governments, international agencies, negotiators, and the private
sector; and
(9) existing estimates of international investment and trade in
services, collected under existing legal authority, are limited in scope
and are based on outdated statistical bases, reports, and information
which are insufficient for policy formulation and decisionmaking.
(b) Purpose
It is therefore the purpose of this chapter to provide clear and
unambiguous authority for the President to collect information on
international investment and United States foreign trade in services,
whether directly or by affiliates, including related information
necessary for assessing the impact of such investment and trade, to
authorize the collection and use of information on direct investments
owned or controlled directly or indirectly by foreign governments or
persons, and to provide analyses of such information to the Congress,
the executive agencies, and the general public. It is the intent of the
Congress that information which is collected from the public under this
chapter be obtained with a minimum burden on business and other
respondents and with no unnecessary duplication of effort, consistent
with the national interest in obtaining comprehensive and reliable
information on international investment and trade in services.
(c) Nonrestraint and nondeterrence of investment
Nothing in this chapter is intended to restrain or deter foreign
investment in the United States, United States investment abroad, or
trade in services.
(Pub. L. 94-472, 2, Oct. 11, 1976, 90 Stat. 2059; Pub. L. 98-573,
title III, 306(b)(2), Oct. 30, 1984, 98 Stat. 3009; Pub. L. 101-533,
6(A)((a)), Nov. 7, 1990, 104 Stat. 2348.)
1990 -- Subsec. (b). Pub. L. 101-533 inserted ''to authorize the
collection and use of information on direct investments owned or
controlled directly or indirectly by foreign governments or persons,''
after ''the impact of such investment and trade,'' in first sentence.
1984 -- Subsec. (a)(7) to (9). Pub. L. 98-573, 306(b)(2)(A), added
pars. (7) and (8), redesignated former par. (7) as (9), and inserted
''and trade in services'' after ''international investment'' in par.
(9).
Subsec. (b). Pub. L. 98-573, 306(b)(2)(B), substituted
''international investment and United States foreign trade in services,
whether directly or by affiliates, including related information
necessary for assessing the impact of such investment and trade,'' for
''international investment'', and ''international investment and trade
in services'' for ''international investment''.
Subsec. (c). Pub. L. 98-573, 306(b)(2)(C), inserted reference to
trade in services.
Section 1 of Pub. L. 94-472, as amended by Pub. L. 98-573, title
III, 306(b)(1), Oct. 30, 1984, 98 Stat. 3009, provided that: ''This
Act (enacting this chapter) may be cited as the 'International
Investment and Trade in Services Survey Act'.''
Ex. Ord. No. 11961, Jan. 19, 1977, 42 F.R. 4321, as amended by Ex.
Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12318, Aug.
21, 1981, 46 F.R. 42833; Ex. Ord. No. 12518, June 3, 1985, 50 F.R.
23661, provided:
By virtue of the authority vested in me by the International
Investment and Trade in Services Survey Act (90 Stat. 2059, 22 U.S.C.
3101) (this chapter), and section 301 of title 3 of the United States
Code, and as President of the United States of America, it is hereby
ordered as follows:
Section 1. All the functions vested in the President by the
International Investment and Trade in Services Survey Act (90 Stat.
2059, 22 U.S.C. 3101) (this chapter), hereinafter referred to as the
Act, are hereby delegated to the Director of the Office of Management
and Budget, hereinafter referred to as the Director. The Director may,
from time to time, designate other officers or agencies of the Federal
Government to perform any or all of the functions hereby delegated to
the Director, subject to such instructions, limitations, and directions
as the Director deems appropriate.
Sec. 2. Subject to the provisions of section 1 of this order, and in
the absence of any contrary delegation or direction by the Director, the
Secretary of the Treasury, with respect to portfolio investment, shall
perform the functions set forth in sections 4(a)(1), (2), (5) and 4(c)
of the Act (22 U.S.C. 3103(a)(1), (2), (5) and (c)).
Sec. 3. Subject to the provisions of section 1 of this order, and in
the absence of any contrary delegation or direction by the Director, the
Secretary of Commerce, with respect to direct investment and trade in
services, shall perform the functions set forth in sections 4(a)(1),
(2), (4), (5) and 4(b) of the Act (22 U.S.C. 3103(a)(1), (2), (4), (5)
and (b)).
Sec. 4. Subject to the provisions of section 1 of this order, and in
the absence of any contrary delegation or direction by the Director, the
Secretary of Commerce shall perform the function of making periodic
reports to the Committees of the Congress as set forth in Section 4(a)(
3) of the Act (22 U.S.C. 3103(a)(3)).
22 USC 3102. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
As used in this chapter, the term --
(1) ''United States'', when used in a geographic sense, means the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, the Canal Zone, and all territories and possessions of the United
States;
(2) ''foreign'', when used in a geographic sense, means that which is
situated outside the United States or which belongs to or is
characteristic of a country other than the United States;
(3) ''person'' means any individual, branch, partnership, associated
group, association, estate, trust, corporation, or other organization
(whether or not organized under the laws of any State), and any
government (including a foreign government, the United States
Government, a State or local government, and any agency, corporation,
financial institution, or other entity or instrumentality thereof,
including a government-sponsored agency);
(4) ''United States person'' means any person resident in the United
States or subject to the jurisdiction of the United States;
(5) ''foreign person'' means any person resident outside the United
States or subject to the jurisdiction of a country other than the United
States;
(6) ''business enterprise'' means any organization, association,
branch, or venture which exists for profitmaking purposes or to
otherwise secure economic advantage, and any ownership of any real
estate;
(7) ''parent'' means a person of one country who, directly or
indirectly, owns or controls 10 per centum or more of the voting stock
of an incorporated business enterprise, or an equivalent ownership
interest in an unincorporated business enterprise, which is located
outside that country;
(8) ''affiliate'' means a business enterprise located in one country
which is directly or indirectly owned or controlled by a person of
another country to the extent of 10 per centum or more of its voting
stock for an incorporated business or an equivalent interest for an
unincorporated business, including a branch;
(9) ''international investment'' means (A) the ownership or control,
directly or indirectly, by contractual commitment or otherwise, by
foreign persons of any interest in property in the United States, or of
stock, other securities, or short- and long-term debt obligations of a
United States person, and (B) the ownership or control, directly or
indirectly, by contractual commitment or otherwise, by United States
persons of any interest in property outside the United States, or of
stock, other securities, or short-and long-term debt obligations of a
foreign person;
(10) ''direct investment'' means the ownership or control, directly
or indirectly, by one person of 10 per centum or more of the voting
securities of an incorporated business enterprise or an equivalent
interest in an unincorporated business enterprise; and
(11) ''portfolio investment'' means any international investment
which is not direct investmdnt.
(Pub. L. 94-472, 3, Oct. 11, 1976, 90 Stat. 2060.)
For definition of Canal Zone, referred to in par. (1), see section
3602(b) of this title.
22 USC 3103. Presidential authority and duties
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Data collection program; studies and surveys; periodic report
to Congressional committees; statistical information publication
The President shall, to the extent he deems necessary and feasible --
(1) conduct a regular data collection program to secure current
information on international capital flows and other information related
to international investment and trade in services, including (but not
limited to) such information as may be necessary for computing and
analyzing the United States balance of payments, the employment and
taxes of United States parents and affiliates, and the international
investment and trade in services position of the United States;
(2) conduct such studies and surveys as may be necessary to prepare
reports in a timely manner on specific aspects of international
investment and trade in services which may have significant implications
for the economic welfare and national security of the United States;
(3) study the adequacy of information, disclosure, and reporting
requirements and procedures relating to international investment and
trade in services; recommend necessary improvements in information
recording, collection, and retrieval and in statistical analysis and
presentation; and report periodically to the Committees on Finance /1/
Foreign Relations /1/ and Commerce of the Senate and the Committees on
Ways and Means, Energy and Commerce, and Foreign Affairs of the House of
Representatives on national and international developments with respect
to laws and regulations affecting international investment and trade in
services;
(4) conduct (not more frequently than once every five years and in
addition to any other surveys conducted pursuant to paragraphs (1) and
(2)) benchmark surveys with respect to trade in services between
unaffiliated United States persons and foreign persons; and
(5) publish for the use of the general public and United States
Government agencies periodic, regular, and comprehensive statistical
information collected pursuant to this subsection and to the benchmark
surveys conducted pursuant to subsections (b) and (c) of this section,
including, with respect to foreign direct investment in the United
States, information on ownership by foreign governments of United States
affiliates by country, and tables, on an aggregated basis, of business
enterprises the ownership or control of which by foreign persons is more
than 50 percent of the voting securities or other evidences of ownership
of such enterprises, and business enterprises the ownership or control
of which by foreign persons is 50 percent or less of the voting
securities or other evidences of ownership of such enterprises.
(b) Benchmark survey of United States direct investment abroad and
foreign direct investment in United States
With respect to foreign direct investment in the United States, the
President shall conduct a benchmark survey covering year 1980, a
benchmark survey covering year 1987, and benchmark surveys covering
every fifth year thereafter. With respect to United States direct
investment abroad, the President shall conduct a benchmark survey
covering year 1982, a benchmark survey covering year 1989, and benchmark
surveys covering every fifth year thereafter. In conducting surveys
pursuant to this subsection, the President shall, among other things and
to the extent he determines necessary and feasible --
(1) identify the location, nature, and magnitude of, and changes in
total investment by any parent in each of its affiliates and the
financial transactions between any parent and each of its affiliates;
(2) obtain (A) information on the balance sheet of parents and
affiliates and related financial data, (B) income statements, including
the gross sales by primary line of business (with as much product line
detail as is necessary and feasible) of parents and affiliates in each
country in which they have significant operations, and (C) related
information regarding trade (including trade in both goods and services)
between a parent and each of its affiliates and between each parent or
affiliate and any other person;
(3) collect employment data showing both the number of United States
and foreign employees of each parent and affiliate and the levels of
compensation, by country, industry, and skill level;
(4) obtain information on tax payments by parents and affiliates by
country; and
(5) determine, by industry and country, the total dollar amount of
research and development expenditures by each parent and affiliate,
payments or other compensation for the transfer of technology between
parents and their affiliates, and payments or other compensation
received by parents or affiliates from the transfer of technology to
other persons.
(c) Benchmark survey of foreign portfolio investment in United States
and United States portfolio investment abroad; report to Congress
(1) The President shall conduct a comprehensive benchmark survey of
foreign portfolio investment in the United States at least once every
five years and, for such purposes, shall (among other things and to the
extent he determines necessary and feasible) determine the magnitude and
aggregate value of portfolio investment, form of investments, types of
investors, nationality of investors and recorded residence of foreign
private holders, diversification of holdings by economic sector, and
holders of record.
(2) In addition to the benchmark surveys conducted pursuant to
paragraph (1), the President shall annually compile currently available
data on United States portfolio investment abroad including items such
as data on the magnitude and aggregate value of portfolio investment,
form of investments, types of investors, nationality of investors and
recorded residence of private holders, diversification of holdings by
economic sector, and holders of record. The President shall submit an
analysis of such data to the Congress not later than the first day of
July of each year.
(d) Foreign agricultural and real property investment and land data
system: study; submittal of findings and conclusions to Congress
The President shall conduct a study of the feasibility of
establishing a system to monitor foreign direct investment in
agricultural, rural, and urban real property, including the feasibility
of establishing a nationwide multipurpose land data system, and shall
submit his findings and conclusions to the Congress not later than two
years after October 11, 1976.
(e) Report on cost of monitoring and compiling data on legislation
enacted by foreign nations regulating and restricting foreign inward
investment
The Secretary of Commerce shall prepare a report on the estimated
cost of monitoring and compiling data on legislation enacted by the
major trading partners of the United States, and such other foreign
nations as the Secretary deems appropriate, which regulates or restricts
foreign inward investment in such foreign nations.
(f) Reporting, recordkeeping, and documentation
Activities shall be conducted so that information obtained pursuant
to this chapter shall be timely and useful in the development of policy
with respect to international investment and trade in services.
Reporting and recordkeeping requirements imposed under this chapter
shall be designed in order to minimize costs to the extent feasible,
consistent with effective enforcement and the compilation of information
required by this chapter. Reporting, recordkeeping, and documentation
requirements shall be periodically reviewed and revised in the light of
developments in the field of information technology.
(g) Costs for collecting information
In collecting information under this chapter, the President shall
give due regard to the costs incurred by persons supplying such
information, as well as to the costs incurred by the Government, and
shall insure that the information collected is only in such detail as is
necessary to fulfill the stated purposes for which the information is
being gathered.
(h) Bureau of Economic Analysis report
(1) The President, or the designee of the President responsible for
monitoring the impact of foreign investment in the United States,
coordinating implementation of United States policy on investment, and
investigating foreign acquisitions under section 2170 of title 50,
Appendix, may request a report from the Bureau of Economic Analysis of
the Department of Commerce. When such request is made in connection
with an investigation under such section 2170, the report shall be
provided within 14 days after the request is made. When such request is
not made in connection with an investigation under such section 2170,
the report shall be provided within 60 days after the request.
(2) A report requested under paragraph (1) shall contain the best
available information on the extent of foreign direct investment in a
given industry, including a breakdown of total investment in the
industry, and any foreign government investment in the industry, by
country of the foreign owner, and any other information that the Bureau
of Economic Analysis or such designee of the President considers
relevant. The industry information provided shall be at the most
detailed level available of Standard Industrial Classification, subject
to the requirements of section 3104 of this title.
(Pub. L. 94-472, 4, Oct. 11, 1976, 90 Stat. 2060; Pub. L. 95-381, 2,
Sept. 22, 1978, 92 Stat. 726; H. Res. 89, Feb. 5, 1979; Pub. L.
97-33, 1-3, Aug. 7, 1981, 95 Stat. 170; Pub. L. 97-70, Oct. 26, 1981,
95 Stat. 1045; Pub. L. 98-573, title III, 306(b)(3), (4), Oct. 30,
1984, 98 Stat. 3010; Pub. L. 101-533, 6(b), (c), Nov. 7, 1990, 104
Stat. 2348.)
1990 -- Subsec. (a)(5). Pub. L. 101-533, 6(b), inserted before
period at end '', including, with respect to foreign direct investment
in the United States, information on ownership by foreign governments of
United States affiliates by country, and tables, on an aggregated basis,
of business enterprises the ownership or control of which by foreign
persons is more than 50 percent of the voting securities or other
evidences of ownership of such enterprises, and business enterprises the
ownership or control of which by foreign persons is 50 percent or less
of the voting securities or other evidences of ownership of such
enterprises''.
Subsec. (h). Pub. L. 101-533, 6(c), added subsec. (h).
1984 -- Subsec. (a)(1), (2). Pub. L. 98-573, 306(b)(4)(A)(ii),
inserted ''and trade in services'' after ''international investment''
wherever appearing.
Subsec. (a)(3). Pub. L. 98-573, 306(b)(3), (4)(A)(i)-(iii), inserted
reference to the Committee on Finance of the Senate and the Committees
on Ways and Means and Energy and Commerce of the House of
Representatives, and substituted ''presentation'' for ''presentation
relating to international investment'', inserted ''and trade in
services'' after ''international investment'' in two places, and struck
out ''and'' at end.
Subsec. (a)(4), (5). Pub. L. 98-573, 306(b)(4)(A)(iv), (v), added
par. (4) and redesignated former par. (4) as (5).
Subsec. (b)(2)(C). Pub. L. 98-573, 306(b)(4)(B), inserted
''(including trade in both goods and services)'' after ''regarding
trade''.
Subsec. (f). Pub. L. 98-573, 306(b)(4)(C), inserted ''and trade in
services'' after ''international investment''.
1981 -- Subsec. (b). Pub. L. 97-70 substituted ''year'' for
''calendar year'' in five places in provisions preceding par. (1).
Pub. L. 97-33, 1, substituted ''With respect to foreign direct
investment in the United States, the President shall conduct a benchmark
survey covering calendar year 1980, a benchmark survey covering calendar
year 1987, and benchmark surveys covering every fifth calendar year
thereafter. With respect to United States direct investment abroad, the
President shall conduct a benchmark survey covering calendar year 1982,
a benchmark survey covering calendar year 1989, and benchmark surveys
covering every fifth year thereafter. In conducting surveys pursuant to
this subsection, the President shall,'' for ''With respect to the United
States direct investment abroad and foreign direct investment in the
United States, the President shall conduct a comprehensive benchmark
survey at least once every five years and, for such purpose, shall,'' in
provisions preceding par (1).
Subsec. (c)(2). Pub. L. 97-33, 2, substituted ''the President shall
annually compile currently available data on United States portfolio
investment abroad including items such as data on the magnitude and
aggregate value of portfolio investment, form of investments, types of
investors, nationality of investors and recorded residence of private
holders, diversification of holdings by economic sector, and holders of
record. The President shall submit an analysis of such data to the
Congress not later than the first day of July of each year'' for ''the
President shall conduct a benchmark survey of United States portfolio
investment abroad and, for such purpose, shall (among other things and
to the extent he determines necessary and feasible) determine the
magnitude and aggregate value of portfolio investment, form of
investments, types of investors, nationality of investors and recorded
residence of private holders, diversification of holdings by economic
sector, and holders of record. The President shall complete such survey
not later than the end of the five-year period beginning on October 11,
1976. After completion of such survey, the President shall report to
the Congress on the feasibility and desirability of conducting, on a
periodic basis, additional benchmark surveys of United States portfolio
investment abroad. If he determines that such additional benchmark
surveys are feasible and desirable, he may conduct such surveys''.
Subsecs. (e) to (g). Pub. L. 97-33, 3, added subsec. (e) and
redesignated subsecs. (e) and (f) as (f) and (g), respectively.
1979 -- Subsec. (a)(3). H. Res. 89 changed name of Committee on
International Relations of the House of Representatives to Committee on
Foreign Affairs.
1978 -- Subsec. (d). Pub. L. 95-381 substituted provisions setting
forth requirements respecting interim and final reports to Congress, for
provisions requiring submission of findings and conclusions to Congress
not later than two years after Oct. 11, 1976.
/1/ So in original. Probably should be followed by a comma.
22 USC 3104. Rules and regulations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization
The authorities and responsibilities under this chapter may be
exercised through such rules and regulations as may be necessary to
carry out the purposes of this chapter.
(b) Recordkeeping and reports
Rules or regulations issued pursuant to this chapter may require any
person subject to the jurisdiction of the United States --
(1) to maintain a complete record of any information (including
journals or other books of original entry, minute books, stock transfer
records, lists of shareholders, or financial statements) which is
essential to carrying out the surveys and studies to be conducted under
this chapter; and
(2) to furnish, under oath, any report containing information which
is determined to be necessary to carry out the surveys and studies
conducted under this chapter.
When a report under paragraph (2) is furnished under oath, such oath
shall be by the officer of such person who is directly responsible for
the maintenance and compilation of such information, and shall certify
that the report was prepared in accordance with this chapter, is
complete, and is to such officer's best knowledge and belief,
substantially accurate, except in a case in which, in accordance with
rules and regulations issued under this chapter, estimates have been
provided because data are not available from customary accounting
records or precise data could not be obtained without undue burden, and
the data subject to such estimates has been noted in the report.
(c) Access to information; limitation
Access to information obtained under subsection (b)(2) of this
section shall be available only to officials or employees designated to
perform functions under this chapter, including consultants and persons
working on contracts awarded pursuant to this chapter. Subject to the
limitation of paragraph (1) of this subsection, the President may
authorize the exchange between agencies or officials designated by him
of information furnished by any person under this chapter as he deems
necessary to carry out the purposes of this chapter. Nothing in this
section shall be construed to require any Federal agency to disclose to
any official exercising authority under this chapter any information or
report collected under legal authority other than this chapter where
disclosure is prohibited by law. Information collected pursuant to
subsection (b)(2) of this section may be used only --
(1) for analytical or statistical purposes within the United States
Government; or
(2) for the purpose of a proceeding under subsection (e) of this
section or under section 3105(b) or (c) of this title.
No official or employee designated to perform functions under this
chapter, including consultants and persons working on contracts awarded
pursuant to this chapter, may publish or make available to any other
person any information collected pursuant to subsection (b)(2) of this
section in a manner that the person who furnished the information can be
specifically identified except as provided in this section. No person
can compel the submission or disclosure of any report or constituent
part thereof collected pursuant to this chapter, or any copy of such
report or constituent part thereof, without the prior written consent of
the person who maintained or furnished such report under subsection (b)
of this section and without prior written consent of the customer, where
the person who maintained or furnished such report included information
identifiable as being derived from the records of such customer.
(d) Access to Bureau of Economic Analysis information
The Bureau of the Census of the Department of Commerce is authorized,
for purposes of augmenting and improving the quality of data collected
by the Bureau of the Census, to have, upon written request, access to
data relating to business enterprises that is collected directly by the
Bureau of Economic Analysis for purposes of this chapter. The Bureau of
Labor Statistics of the Department of Labor is authorized, for purposes
of augmenting and improving the data collected by the Bureau of Labor
Statistics, to have access, upon written request, to selected
identification information on business enterprises and data on
international services transactions, that is collected directly by the
Bureau of Economic Analysis for purposes of this chapter. Officers and
employees of the Bureau of the Census and the Bureau of Labor Statistics
shall, for purposes of subsection (c) of this section, be deemed to be
officials or employees designated to perform functions under this
chapter.
(e) Penalty
Any person who willfully violates subsection (c) or (d) of this
section shall, upon conviction, be fined not more than $10,000, in
addition to any other penalty imposed by law.
(Pub. L. 94-472, 5, Oct. 11, 1976, 90 Stat. 2062; Pub. L. 98-573,
title III, 306(b)(5), Oct. 30, 1984, 98 Stat. 3010; Pub. L. 101-533,
6(d), (e), 7(a), Nov. 7, 1990, 104 Stat. 2349.)
1990 -- Subsec. (b). Pub. L. 101-533, 7(a), inserted at end ''When a
report under paragraph (2) is furnished under oath, such oath shall be
by the officer of such person who is directly responsible for the
maintenance and compilation of such information, and shall certify that
the report was prepared in accordance with this chapter, is complete,
and is to such officer's best knowledge and belief, substantially
accurate, except in a case in which, in accordance with rules and
regulations issued under this chapter, estimates have been provided
because data are not available from customary accounting records or
precise data could not be obtained without undue burden, and the data
subject to such estimates has been noted in the report.''
Subsec. (c)(2). Pub. L. 101-533, 6(e)(1), substituted ''subsection
(e)'' for ''subsection (d)''.
Subsec. (d). Pub. L. 101-533, 6(d)(2), added subsec. (d). Former
subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 101-533, 6(d)(1), (e)(2), redesignated subsec.
(d) as (e) and inserted ''or (d)'' after ''subsection (c)''.
1984 -- Subsec. (b)(1), (2). Pub. L. 98-573 struck out
''international investment'' before ''surveys''.
22 USC 3105. Enforcement
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Civil penalty for failure to furnish information
Whoever fails to furnish any information required under this chapter,
whether required to be furnished in the form of a report or otherwise,
or to comply with any rule, regulation, order, or instruction
promulgated under this chapter, shall be subject to a civil penalty of
not less than $2,500, and not more than $25,000, in a proceeding brought
under subsection (b) of this section.
(b) Civil action for failure to furnish information
Whenever it appears that any person has failed to furnish any
information required under this chapter, whether required to be
furnished in the form of a report or otherwise, or has failed to comply
with any rule, regulation, order, or instruction promulgated under this
chapter, a civil action may be brought in an appropriate district court
of the United States, or the appropriate United States court of any
territory or other place subject to the jurisdiction of the United
States, and such court may enter a restraining order or a permanent or
temporary injunction commanding such person to furnish such information
or to comply with such rule, regulation, order, or instruction, as the
case may be, or impose the civil penalty provided in subsection (a) of
this section, or both.
(c) Criminal penalty for failure to submit information
Whoever willfully fails to submit any information required under this
chapter, whether required to be furnished in the form of a report or
otherwise, or willfully violates any rule, regulation, order, or
instruction promulgated under this chapter, upon conviction, shall be
fined not more than $10,000 and, if an individual, may be imprisoned for
not more than one year, or both, and any officer, director, employee, or
agent of any corporation who knowingly participates in such violation,
upon conviction, may be punished by a like fine, imprisonment, or both.
(Pub. L. 94-472, 6, Oct. 11, 1976, 90 Stat. 2063; Pub. L. 101-533,
7(b), Nov. 7, 1990, 104 Stat. 2349.)
1990 -- Subsec. (a). Pub. L. 101-533 substituted ''shall be subject
to a civil penalty of not less than $2,500, and not more than $25,000,''
for ''may be subject to a civil penalty not exceeding $10,000''.
22 USC 3106. Use of experts and administrative support services
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Compensation and travel expenses
Any official designated by the President to carry out this chapter
may procure the temporary or intermittent services of experts and
consultants in accordance with the provisions of section 3109 of title
5. Persons so employed shall receive compensation at a rate not in
excess of the maximum amount payable under such section. While away
from his home or regular place of business and engaged in the
performance of services in conjunction with the provisions of this
chapter, any such person may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by section 5703(b) /1/ of
title 5 for persons in the Government service employed intermittently.
(b) Use of available Federal agency services, equipment, personnel,
and facilities
Any official designated by the President to carry out this chapter
may use, on a reimbursable basis when appropriate (as determined by the
President), the available services, equipment, personnel, and facilities
of any agency or instrumentality of the United States Government.
(Pub. L. 94-472, 7, Oct. 11, 1976, 90 Stat. 2064.)
Section 5703 of title 5, referred to in subsec. (a), was amended
generally by Pub. L. 94-22, 4, May 19, 1975, 89 Stat. 85, and, as so
amended, does not contain a subsec. (b).
/1/ See References in Text note below.
22 USC 3107. Consultations; creation of independent public advisory
committees
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Officials performing functions pursuant to this chapter shall secure
balanced, diverse, and responsible views from qualified persons
representing business, organized labor, and the academic community and
may, where appropriate, create such independent public advisory
committees as are necessary to carry out the purposes of this chapter.
(Pub. L. 94-472, 8, Oct. 11, 1976, 90 Stat. 2064; Pub. L. 95-381, 3,
Sept. 22, 1978, 92 Stat. 726; Pub. L. 97-33, 4, Aug. 7, 1981, 95 Stat.
171.)
1981 -- Pub. L. 97-33 struck out designation ''(a)'' before
''Officials performing functions'' and struck out subsec. (b) which
provided that the President review the results of studies and surveys
conducted pursuant to this chapter and report annually to the Committee
on International Relations (Foreign Affairs) of the House of
Representatives and the appropriate committees of the Senate on any
trends or developments which might have had national policy implications
and which in the President's opinion warranted the review of the
respective committees.
1978 -- Subsec. (b). Pub. L. 95-381 substituted references to
President, for references to Council on International Economic Policy.
Ex. Ord. No. 11962, Jan. 19, 1977, 42 F.R. 4323, which established
the President's Advisory Board on International Investment, was revoked
by Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, set out as a note
under section 14 of Appendix of Title 5, Government Organization and
Employees.
22 USC 3108. Authorization of appropriations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
To carry out this chapter, there are authorized to be appropriated
$4,400,000 for the fiscal year ending September 30, 1980, $4,500,000 for
the fiscal year ending September 30, 1981, $4,000,000 for the fiscal
year ending September 30, 1982, and such sums as may be necessary for
any subsequent fiscal years.
(Pub. L. 94-472, 9, Oct. 11, 1976, 90 Stat. 2064; Pub. L. 95-381, 1,
Sept. 22, 1978, 92 Stat. 726; Pub. L. 96-72, 23(a), Sept. 29, 1979, 93
Stat. 536; Pub. L. 97-33, 5, Aug. 7, 1981, 95 Stat. 171.)
1981 -- Pub. L. 97-33 inserted provisions authorizing appropriations
of $4,000,000 for fiscal year ending Sept. 30, 1982, and such sums as
might be necessary for any subsequent fiscal years.
1979 -- Pub. L. 96-72 substituted provisions authorizing
appropriations of $4,400,000 for fiscal year ending Sept. 30, 1980, and
$4,500,000 for fiscal year ending Sept. 30, 1981, for provisions
authorizing appropriations of $4,000,000 for fiscal year ending Sept.
30, 1979.
1978 -- Pub. L. 95-381 increased authorization from $1,000,000 to
$4,000,000, and struck out provisions authorizing appropriation of
$1,000,000 for fiscal year ending Sept. 30, 1978.
Section 23(b) of Pub. L. 96-72 provided that: ''The amendment made
by subsection (a) (amending this section) shall take effect on October
1, 1979.''
Section 4 of Pub. L. 95-381 provided that: ''The amendment made by
the first section of this Act (amending this section) shall take effect
on October 1, 1978.''
22 USC CHAPTER 46A -- FOREIGN DIRECT INVESTMENT AND INTERNATIONAL
FINANCIAL DATA
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
3141. Congressional findings.
3142. Report by Secretary of Commerce.
(a) Annual report on foreign direct investment in United States.
(b) Sources of data.
(c) Analyses.
3143. Reports by General Accounting Office.
(a) In general.
(b) Report.
(c) Other reviews and reports.
(d) Confidentiality; review by other agencies.
(e) Right of access.
3144. Access to information; confidentiality.
(a) Confidentiality.
(b) Violations and penalties.
(c) Unlawful access.
(d) Information immune from process.
(e) Implementation.
3145. Construction of foreign direct investment and international
financial data provisions.
(a) In general.
(b) Implementation.
3146. Definitions.
22 USC 3141. Congressional findings
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Congress makes the following findings:
(1) The United States Government collects substantial amounts of
information from foreign owned or controlled business enterprises or
affiliates operating in the United States.
(2) Additional analysis and presentation of this information is
desirable to assist the public debate on the issue of foreign direct
investments in the United States.
(3) Information collected from foreign owned or controlled firms by
the Bureau of Economic Analysis has serious analytical limitations
because it is largely collected on an ''enterprise'' basis that does not
permit an adequate analysis by industry groupings.
(4) Statistical and analytic comparisons of the performance of
foreign owned or controlled businesses operating within the United
States with other business enterprises operating within the same
industry can be accomplished under sections 3101(b) and 3104(c) of this
title, and under Executive Order Numbered 11961, without the need to
collect additional information, by sharing with other authorized
Government agencies the employer identification numbers maintained by
the Bureau of Economic Analysis.
(5) Public disclosures of confidential business information collected
by the United States Government relating to international direct
investment flows could cause serious damage to the accuracy of the
statistical data base.
(6) The General Accounting Office may have limited access to
Government data on foreign direct investment.
(Pub. L. 101-533, 2, Nov. 7, 1990, 104 Stat. 2344.)
Executive Order Numbered 11961, referred to in par. (4), is set out
as a note under section 3101 of this title.
Section 1 of Pub. L. 101-533 provided that: ''This Act (enacting
this chapter and section 401 of Title 13, Census, and amending sections
3101 and 3103 to 3105 of this title and section 9 of Title 13) may be
cited as the 'Foreign Direct Investment and International Financial Data
Improvements Act of 1990'.''
22 USC 3142. Report by Secretary of Commerce
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Annual report on foreign direct investment in United States
Not later than 6 months after November 7, 1990, and not later than
the end of each 1-year period occurring thereafter, the Secretary of
Commerce shall submit to the Committee on Energy and Commerce, the
Committee on Ways and Means, and the Committee on Foreign Affairs of the
House of Representatives, to the Committee on Commerce, Science, and
Transportation of the Senate, and to the Joint Economic Committee of the
Congress a report on the role and significance of foreign direct
investment in the United States. Such report shall address the history,
scope, trends, market concentrations, and effects on the United States
economy of such investment. In addition, the Secretary of Commerce
shall, if requested by any such committee, appear before that committee
to provide testimony with respect to any report under this subsection.
(b) Sources of data
In preparing each report under subsection (a) of this section, the
Secretary of Commerce, or the Secretary's designees, shall consider
information collected by --
(1) the Bureau of Economic Analysis under the International
Investment and Trade in Services Survey Act (22 U.S.C. 3101 and
following);
(2) the Bureau of the Census on industry, manufacturing, research and
development, and trade, under title 13;
(3) the Bureau of Labor Statistics pertaining to information
collected under the International Investment and Trade in Services
Survey Act, but only to the extent that such information is in a form
that cannot be associated with, or otherwise identify, directly or
indirectly, a person, including any enterprise or establishment;
(4) the Secretary of Commerce or the Secretary's designee pursuant to
section 2 of Executive Order 11858 of May 7, 1975;
(5) the United States Department of Agriculture under the
Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501
and following);
(6) the Department of the Treasury under section 6039C of title 26,
but only to the extent that such information is in a form that cannot be
associated with, or otherwise identify, directly or indirectly, a
person, including any enterprise or establishment;
(7) the Department of Energy under section 7267(8) of title 42, but
only to the extent that such information is in a form that cannot be
associated with, or otherwise identify, directly or indirectly, a
person, including any enterprise or establishment;
(8) other Federal agencies not referred to in paragraphs (1) through
(7), but only to the extent that such information is in a form that
cannot be associated with, or otherwise identify, directly or
indirectly, a person, including any enterprise or establishment;
(9) foreign governments and agencies thereof; and
(10) private sector sources.
(c) Analyses
(1) The analysis in each report prepared under subsection (a) of this
section shall, to the extent of available data, compare business
enterprises controlled by foreign persons with other business
enterprises in the United States with respect to employment, market
share, value added, productivity, research and development, exports,
imports, profitability, taxes paid, and investment incentives and
services provided by State and local governments (including
quasi-governmental entities).
(2) Each such analysis shall be done by significant industry sectors
and geographical regions, except that information shall not be presented
in a way in which any person, including any business enterprise or
establishment, can be identified. The restriction contained in the
preceding sentence on presentation of information does not apply to
information that is obtained from foreign governments or agencies
thereof and that has been published pursuant to the lawful disclosure of
the information. To the extent that data are available, each such
analysis shall include an analysis, together with current levels and
trends, of the number and market share of business enterprises at least
10 percent of the voting securities or other evidences of ownership of
which are owned or controlled by a foreign person, and of the number and
market share of the establishments of such business enterprises, that
are engaged substantially in the production or coproduction of any
critical technologies included in the most recent plan submitted to the
Congress under section 2368 /1/ of title 10 or included in the most
recent report submitted to the President under section 6683 of title 42.
(Pub. L. 101-533, 3, Nov. 7, 1990, 104 Stat. 2344.)
The International Investment and Trade in Services Survey Act,
referred to in subsec. (b)(1), (3), is Pub. L. 94-472, Oct. 11, 1976,
90 Stat. 2059, as amended, which is classified generally to chapter 46
( 3101 et seq.) of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 3101 of this
title and Tables.
Executive Order 11858, referred to in subsec. (b)(4), is set out as
a note under section 78b of Title 15, Commerce and Trade.
The Agricultural Foreign Investment Disclosure Act of 1978, referred
to in subsec. (b)(5), is Pub. L. 95-460, Oct. 14, 1978, 92 Stat.
1263, which is classified generally to chapter 66 ( 3501 et seq.) of
Title 7, Agriculture. For complete classification of this Act to the
Code, see Short Title note set out under section 3501 of Title 7 and
Tables.
Section 2368 of title 10, referred to in subsec. (c)(2), was
repealed by Pub. L. 102-190, div. A, title VIII, 821(c)(1), Dec. 5,
1991, 105 Stat. 1431. See section 2521 et seq. of Title 10, Armed
Forces.
/1/ See References in Text note below.
22 USC 3143. Reports by General Accounting Office
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) In general
The Comptroller General, to the extent permitted by law, including
section 3144 of this title, is authorized to review the information
described in section 3142(b) of this title for purposes of preparing the
report required under subsection (b) of this section. Nothing in this
section authorizes disclosure of any individually identifiable data or
information in any form that can be associated with or otherwise
identify, directly or indirectly, any person, including any enterprise
or establishment.
(b) Report
Not later than 5 months after each report issued by the Secretary of
Commerce under section 3142 of this title, the Comptroller General of
the United States shall submit to the Committee on Energy and Commerce,
the Committee on Ways and Means, and the Committee on Foreign Affairs of
the House of Representatives, to the Committee on Commerce, Science, and
Transportation of the Senate, and to the Joint Economic Committee of the
Congress a report --
(1) analyzing the report of the Secretary of Commerce;
(2) making recommendations for changes in the analysis done in the
report due the following year under section 3142 of this title;
(3) making recommendations for improving the collection by respective
Federal agencies of data on foreign direct investment in the United
States, including use of private sector data, and improving survey
questionnaires to obtain useful and consistent information that avoids
unnecessary redundancy among Federal agencies;
(4) reviewing the status and processes for reconciliation of data
exchanged as required by this Act and the amendments made by this Act,
and making any recommendations for improving and augmenting
international financial data;
(5) making recommendations for possible additional policy
coordination within the executive branch affecting foreign direct
investment in the United States; and
(6) making recommendations for improvement of the coverage, industry
classification, and consistency among Federal agencies of their
respective surveys.
Reports under this subsection shall be issued only with respect to
the first 3 reports issued by the Secretary of Commerce under section
3142 of this title.
(c) Other reviews and reports
(1) The Comptroller General may, to the extent permitted by law,
including section 3104(c) of this title and section 3144 of this title,
also review data and information at the Bureau of the Census, the Bureau
of Labor Statistics, and the Bureau of Economic Analysis and from time
to time report to the Committee on Energy and Commerce, the Committee on
Ways and Means, and the Committee on Foreign Affairs of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and to the Joint Economic Committee of the Congress.
(2) The Comptroller General shall, in carrying out paragraph (1),
comply with procedures relating to access to and disclosure of data and
information established within the Federal statistical agencies referred
to in paragraph (1), and maintain any and all individually identifiable
data and information at the statistical agency where the information is
reviewed.
(d) Confidentiality; review by other agencies
In preparing any report under this section, the Comptroller General
shall not --
(1) disclose any confidential business information or present any
information in a way in which any person, including a business
enterprise or establishment, can be identified; or
(2) combine, match, or use in any other way individually identifiable
data or information maintained by any of the Federal statistical
agencies referred to in subsection (c) of this section with any other
individually identifiable confidential data or information that is not
collected by such statistical agencies.
Before issuing any such report, the Comptroller General shall in each
instance submit the report to the head or heads of the agency or
agencies from which confidential or identifiable information described
in the preceding sentence was obtained. The agency or agencies
concerned shall promptly review the report for the purpose of assuring
that the confidentiality of such information and identity is maintained,
and for any other purpose, and shall provide the Comptroller General
with appropriate comments or other suggestions within 10 working days
after receiving the report.
(e) Right of access
The access by the Comptroller General to information under this Act
shall be in conformity with section 716 of title 31.
(Pub. L. 101-533, 4, Nov. 7, 1990, 104 Stat. 2346.)
This Act and the amendments made by this Act, referred to in subsecs.
(b)(4) and (e), is Pub. L. 101-533, Nov. 7, 1990, 104 Stat. 2344,
known as the Foreign Direct Investment and International Financial Data
Improvements Act of 1990, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 3141 of this title and Tables.
22 USC 3144. Access to information; confidentiality
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Confidentiality
(1) Those officers and employees who have access to information under
this Act to which the provisions of section 9 of title 13 apply must
have been sworn, as provided for in section 23(c) of such title, to
observe the limitations imposed by section 9(a) of such title and to be
subject to the provisions of section 214 of such title to the same
extent as such section applies to officers or employees of the Bureau of
the Census.
(2) Only those officers and employees who have sworn to observe the
provisions of section 5(c) of the International Investment and Trade in
Services Survey Act (22 U.S.C. 3104(c)) may have access under this Act
to information to which such provisions apply, and such officers and
employees are subject to the penalties for improper disclosure of such
information provided in section 5(e) of that Act (22 U.S.C. 3104(e)) to
the same extent as such section applies to officers or employees
designated to perform functions under that Act (22 U.S.C. 3101 et seq.).
(3) Those officers and employees referred to in paragraphs (1) and
(2) of this section shall be subject to any other restriction or penalty
imposed by law with respect to disclosure of information to which such
officers or employees have access under this Act.
(b) Violations and penalties
Whoever is in possession of information made available to any
department or agency by virtue of this Act or the amendments made by
this Act and discloses the information in any form which can be
associated with, or otherwise identify, any person, including any
business enterprise or establishment, shall be fined not less than
$2,500 nor more than $25,000 or imprisoned not more than 5 years, or
both.
(c) Unlawful access
Whoever procures, by fraud, misrepresentation, or other unlawful act,
access to information made available to any department or agency by
virtue of this Act or the amendments made by this Act shall be fined not
less than $2,500 nor more than $25,000 or imprisoned not more than 5
years, or both.
(d) Information immune from process
Information obtained under this Act shall be immune from legal
process and shall not be used as evidence or for any purpose in any
Federal, State, or local government action, suit, or other
administrative or judicial proceeding except as necessary to enforce
requirements imposed by law on the collection of information, to enforce
the provisions of subsections (b) and (c) of this section.
(e) Implementation
(1) The Secretary of Commerce shall be responsible for the
implementation of the exchange of information under this Act between the
Bureau of the Census and the Bureau of Economic Analysis, and shall
resolve any questions on access to information, data, or methodology
that may arise between the Bureau of the Census and the Bureau of
Economic Analysis, except that the Secretary shall not construe this
section in a manner which would prevent the augmentation and improvement
of the quality of international data collected under the International
Investment and Trade in Services Survey Act (22 U.S.C. 3101 et seq.).
The Bureau of Economic Analysis and the Bureau of the Census shall agree
in writing to the data to be shared under this Act.
(2) The Director of the Office of Management and Budget shall be
responsible for the implementation of the exchange of information under
this Act between the Bureau of Economic Analysis and the Bureau of Labor
Statistics, and shall resolve any questions on access to information,
data, or methodology that may arise between the Bureau of Economic
Analysis and the Bureau of Labor Statistics, except that the Director
shall not construe this section in a manner which would prevent the
augmentation and improvement of the quality of international data
collected under the International Investment and Trade in Services
Survey Act (22 U.S.C. 3101 et seq.).
(Pub. L. 101-533, 8, Nov. 7, 1990, 104 Stat. 2350.)
This Act or the amendments made by this Act, referred to in text, is
Pub. L. 101-533, Nov. 7, 1990, 104 Stat. 2344, known as the Foreign
Direct Investment and International Financial Data Improvements Act of
1990, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 3141 of this title and Tables.
The International Investment and Trade in Services Survey Act,
referred to in subsecs. (a)(2) and (e), is Pub. L. 94-472, Oct. 11,
1976, 90 Stat. 2059, as amended, which is classified generally to
chapter 46 ( 3101 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 3101
of this title and Tables.
22 USC 3145. Construction of foreign direct investment and
international financial data provisions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) In general
Nothing in this Act or the amendments made by this Act shall be
construed to require any business enterprise or any of its officers,
directors, shareholders, or employees, or any other person, to provide
information beyond that which is required before November 7, 1990.
(b) Implementation
All departments and agencies implementing this Act and the amendments
made by this Act shall, with respect to surveys or questionnaires used
in such implementation --
(1) eliminate questions that are no longer necessary,
(2) cooperate with one another in order to ensure that questions
asked are consistent among the departments and agencies, and
(3) develop new questions in order to obtain more refined statistics
and analyses,
consistent with the purposes of the provisions of law amended by this
Act and the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
(Pub. L. 101-533, 9, Nov. 7, 1990, 104 Stat. 2351.)
This Act or the amendments made by this Act, referred to in text, is
Pub. L. 101-533, Nov. 7, 1990, 104 Stat. 2344, known as the Foreign
Direct Investment and International Financial Data Improvements Act of
1990, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 3141 of this title and Tables.
The Paperwork Reduction Act of 1980, referred to in subsec. (b), is
Pub. L. 96-511, Dec. 11, 1980, 94 Stat. 2812, as amended, which is
classified principally to chapter 35 ( 3501 et seq.) of Title 44, Public
Printing and Documents. For complete classification of this Act to the
Code, see Short Title of 1980 Amendment note set out under section 101
of Title 44 and Tables.
22 USC 3146. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
For purposes of this Act --
(1) 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
(2) 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.
(Pub. L. 101-533, 10, Nov. 7, 1990, 104 Stat. 2351.)
This Act, referred to in text, is Pub. L. 101-533, Nov. 7, 1990,
104 Stat. 2344, known as the Foreign Direct Investment and
International Financial Data Improvements Act of 1990, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 3141 of
this title and Tables.
22 USC CHAPTER 47 -- NUCLEAR NON-PROLIFERATION
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
3201. Congressional declaration of policy.
3202. Congressional statement of purpose.
3203. Definitions.
3221. Congressional declaration of policy.
3222. Uranium enrichment capacity.
3223. International undertakings.
(a) Development of international approaches for meeting future
worldwide nuclear fuel needs; international nuclear fuel authority.
(b), (c) Omitted.
(d) Adherence of nations to policies designed to prevent
proliferation.
(e) Report on progress of negotiations.
(f) Congressional approval of non-treaty international undertakings;
submission of proposals.
3224. Reevaluation of nuclear fuel cycle.
3224a. Studies and agreements by Secretary of Energy on
multinational or international basis concerning spent fuel storage
facilities and transportation systems; Congressional consent;
authorization of appropriations; limitations on use of funds;
exceptions; special nuclear material for India.
3241. Congressional declaration of policy.
3242. Training program.
3243. Negotiations.
3244. Actions to combat international nuclear terrorism.
(a) Actions to be taken by President.
(b) Reports to Congress.
3261. Congressional declaration of policy; Presidential report to
Congress.
3262. Programs.
(a) Energy development programs.
(b) Energy assessments and cooperative projects.
(c) Exchange of scientists, technicians, and energy experts.
(d) Authorization of appropriations.
(e) Coordination with related Tnited States activities abroad.
3281. Annual Presidential report to Congress on governmental efforts
to prevent proliferation.
(a) Review of Government activities; description of progress;
assessment of impact of progress; determinations regarding
non-nuclear-weapon states; counterproductiveness of policies.
(b) Analysis of civil agreements for cooperation.
3282. Reports by departments and agencies.
(a) Reports by Nuclear Regulatory Commission and Department of
Energy.
(b) Additional reporting requirements.
(c) Committees on Foreign Relations and Governmental Affairs of
Senate and Committee on Foreign Affairs of House of Representatives to
be kept informed.
(d) Classified portions of reports.
(e) Omitted.
(f) Access by Secretary of Defense to information regarding nuclear
proliferation matters; applicability.
2153e-1, 2153f.
22 USC 3201. Congressional declaration of policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Congress finds and declares that the proliferation of nuclear
explosive devices or of the direct capability to manufacture or
otherwise acquire such devices poses a grave threat to the security
interests of the United States and to continued international progress
toward world peace and development. Recent events emphasize the urgency
of this threat and the imperative need to increase the effectiveness of
international safeguards and controls on peaceful nuclear activities to
prevent proliferation. Accordingly, it is the policy of the United
States to --
(a) actively pursue through international initiatives mechanisms for
fuel supply assurances and the establishment of more effective
international controls over the transfer and use of nuclear materials
and equipment and nuclear technology for peaceful purposes in order to
prevent proliferation, including the establishment of common
international sanctions;
(b) take such actions as are required to confirm the reliability of
the United States in meeting its commitments to supply nuclear reactors
and fuel to nations which adhere to effective non-proliferation policies
by establishing procedures to facilitate the timely processing of
requests for subsequent arrangements and export licenses;
(c) strongly encourage nations which have not ratified the Treaty on
the Non-Proliferation of Nuclear Weapons to do so at the earliest
possible date; and
(d) cooperate with foreign nations in identifying and adapting
suitable technologies for energy production and, in particular, to
identify alternative options to nuclear power in aiding such nations to
meet their energy needs, consistent with the economic and material
resources of those nations and environmental protection.
(Pub. L. 95-242, 2, Mar. 10, 1978, 92 Stat. 120.)
Section 603(c) of Pub. L. 95-242 provided that: ''Except where
otherwise provided, the provisions of this Act (see Short Title note
below) shall take effect immediately upon enactment (Mar. 10, 1978)
regardless of any requirement for the promulgation of regulations to
implement such provisions.''
Section 1 of Pub. L. 95-242 provided: ''That this Act (enacting
this chapter and sections 2139a, 2141, 2153a to 2153e, 2153f, and 2155
to 2160a of Title 42, The Public Health and Welfare, amending sections
2074, 2075, 2077, 2094, 2139, and 2153 of Title 42, and enacting
provisions set out as notes under sections 3201, 3222, and 3262 of this
title and section 2139 of Title 42) may be cited as the 'Nuclear
Non-Proliferation Act of 1978'.''
Pub. L. 96-53, title V, 507, Aug. 14, 1979, 93 Stat. 378, as
amended by Pub. L. 97-113, title VII, 734(a)(3), Dec. 29, 1981, 95
Stat. 1560, provided that:
''(a) In accordance with the Nuclear Non-Proliferation Act of 1978
(see Short Title note above), the Congress strongly urges all nations
which are not parties to the Treaty on Non-Proliferation of Nuclear
Weapons to become parties to that treaty.
''(b) (Repealed. Pub. L. 97-113, title VII, 734(a)(3), Dec. 29, 1981,
95 Stat. 1560.)''
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, provided:
By virtue of the authority vested in me by the Nuclear
Non-Proliferation Act of 1978 (Public Law 95-242, 92 Stat. 120, 22 U.S.
C. 3201) (see Short Title note above) and the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.), and Section 301 of Title 3 of the
United States Code, and as President of the United States of America, it
is hereby ordered as follows:
Section 1. Department of Energy. The following functions vested in
the President by the Nuclear Non-Proliferation Act of 1978 (92 Stat.
120, 22 U.S.C. 3201), hereinafter referred to as the Act, and by the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.),
hereinafter referred to as the 1954 Act, are delegated or assigned to
the Secretary of Energy:
(a) That function vested by Section 402(b) of the Act (92 Stat. 145,
42 U.S.C. 2153a).
(b) Those functions vested by Sections 131a(2)(G), 131b(1), and
131f(2) of the 1954 Act (92 Stat. 127, 42 U.S.C. 2160).
(c) That function vested by Section 131f(1)(A)(ii) of the 1954 Act
(42 U.S.C. 2160(f)(1)(A)(ii)), to the extent it relates to the
preparation of a detailed generic plan.
Sec. 2. Department of State. The Secretary of State shall be
responsible for performing the following functions vested in the
President:
(a) Those functions vested by Sections 104(a), 104(d), 105, 403, 404,
407, and 501 of the Act (92 Stat. 122, 123, 123, 146, 147, 148, and 148,
22 U.S.C. 3223(a), 3223(d), 3224, and 42 U.S.C. 2153b, 2153c, 2153e, and
22 U.S.C. 3261).
(b) That function vested by Section 128a(2) of the 1954 Act (92 Stat.
137, 42 U.S.C. 2157(a)(2)).
(c) That function vested by Section 601 of the Act (section 3281 of
this title) to the extent it relates to the preparation of an annual
report.
(d) The preparation of timely information and recommendations related
to the President's functions vested by Sections 126, 128b, and 129 of
the 1954 Act (92 Stat. 131, 137, and 138, 42 U.S.C. 2155, 2157, and
2158).
(e) That function vested by Section 131c of the 1954 Act (92 Stat.
129, 42 U.S.C. 2160(c)); except that, the Secretary shall not waive the
60-day requirement for the preparation of a Nuclear Non-Proliferation
Assessment Statement for more than 60 days without the approval of the
President.
Sec. 3. Department of Commerce. The Secretary of Commerce shall be
responsible for performing the function vested in the President by
Section 309(c) of the Act (92 Stat. 141, 42 U.S.C. 2139a).
Sec. 4. Coordination. In performing the functions assigned to them by
this Order, the Secretary of Energy and the Secretary of State shall
consult and coordinate their actions with each other and with the heads
of other concerned agencies.
Sec. 5. General Provisions. (a) Executive Order No. 11902 of
February 2, 1976, entitled ''Procedures for an Export Licensing Policy
as to Nuclear Materials and Equipment,'' is revoked.
(b) The performance of functions under either the Act or the 1954 Act
shall not be delayed pending the development of procedures, even though
as many as 120 days are allowed for establishing them. Except where it
would be inconsistent to do so, such functions shall be carried out in
accordance with procedures similar to those in effect immediately prior
to the effective date of the Act.
Jimmy Carter.
22 USC 3202. Congressional statement of purpose
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
It is the purpose of this chapter to promote the policies set forth
above by --
(a) establishing a more effective framework for international
cooperation to meet the energy needs of all nations and to ensure that
the worldwide development of peaceful nuclear activities and the export
by any nation of nuclear materials and equipment and nuclear technology
intended for use in peaceful nuclear activities do not contribute to
proliferation;
(b) authorizing the United States to take such actions as are
required to ensure that it will act reliably in meeting its commitment
to supply nuclear reactors and fuel to nations which adhere to effective
non-proliferation policies;
(c) providing incentives to the other nations of the world to join in
such international cooperative efforts and to ratify the Treaty; and
(d) ensuring effective controls by the United States over its exports
of nuclear materials and equipment and of nuclear technology.
(Pub. L. 95-242, 3, Mar. 10, 1978, 92 Stat. 120.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, known as the
Nuclear Non-Proliferation Act of 1978. For complete classification of
this Act to the Code, see Short Title note set out under section 3201 of
this title and Tables.
22 USC 3203. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) As used in this chapter, the term --
(1) ''Commission'' means the Nuclear Regulatory Commission;
(2) ''Director'' means the Director of the Arms Control and
Disarmament Agency;
(3) ''IAEA'' means International Atomic Energy Agency;
(4) ''nuclear materials and equipment'' means source material,
special nuclear material, production facilities, utilization facilities,
and components, items or substances determined to have significance for
nuclear explosive purposes pursuant to subsection 109b /1/ of the 1954
Act (42 U.S.C. 2139(b));
(5) ''physical security measures'' means measures to reasonably
ensure that source or special nuclear material will only be used for
authorized purposes and to prevent theft and sabotage;
(6) ''sensitive nuclear technology'' means any information (including
information incorporated in a production or utilization facility or
important component part thereof) which is not available to the public
and which is important to the design, construction, fabrication,
operation or maintenance of a uranium enrichment or nuclear fuel
reprocessing facility or a facility for the production of heavy water,
but shall not include Restricted Data controlled pursuant to chapter 12
of the 1954 Act (42 U.S.C. 2161 et seq.);
(7) ''1954 Act'' means the Atomic Energy Act of 1954, as amended (42
U.S.C. 2011 et seq.); and
(8) ''the Treaty'' means the Treaty on the Non-Proliferation of
Nuclear Weapons.
(b) All other terms used in this chapter not defined in this section
shall have the meanings ascribed to them by the 1954 Act, the Energy
Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), and the Treaty.
(Pub. L. 95-242, 4, Mar. 10, 1978, 92 Stat. 121.)
The Atomic Energy Act of 1954, as amended, referred to in subsec.
(a)(6), (7), is act Aug. 30, 1954, ch. 1073, 68 Stat. 921, as
amended, which is classified generally to chapter 23 ( 2011 et seq.) of
Title 42, The Public Health and Welfare. Chapter 12 of the 1954 Act is
classified generally to subchapter XI ( 2161 et seq.) of chapter 23 of
Title 42. For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of Title 42 and Tables.
The Energy Reorganization Act of 1974, referred to in subsec. (b), is
Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as amended, which is
classified principally to chapter 73 ( 5801 et seq.) of Title 42. For
complete classification of this Act to the Code, see Short Title note
set out under section 5801 of Title 42 and Tables.
/1/ So in the original. Probably should be ''section 109(b)''.
22 USC SUBCHAPTER I -- UNITED STATES INITIATIVES TO PROVIDE ADEQUATE
NUCLEAR FUEL SUPPLY
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 3221. Congressional declaration of policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The United States, as a matter of national policy, shall take such
actions and institute such measures as may be necessary and feasible to
assure other nations and groups of nations that may seek to utilize the
benefits of atomic energy for peaceful purposes that it will provide a
reliable supply of nuclear fuel to those nations and groups of nations
which adhere to policies designed to prevent proliferation. Such nuclear
fuel shall be provided under agreements entered into pursuant to section
2201 of title 42 or as otherwise authorized by law. The United States
shall ensure that it will have available the capacity on a long-term
basis to enter into new fuel supply commitments consistent with its
non-proliferation policies and domestic energy needs. The Commission
shall, on a timely basis, authorize the export of nuclear materials and
equipment when all the applicable statutory requirements are met.
(Pub. L. 95-242, title I, 101, Mar. 10, 1978, 92 Stat. 121.)
Subchapter effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a note
under section 3201 of this title.
22 USC 3222. Uranium enrichment capacity
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Secretary of Energy is directed to initiate construction planning
and design, construction, and operation activities for expansion of
uranium enrichment capacity, as elsewhere provided by law. Further the
Secretary as well as the Nuclear Regulatory Commission, the Secretary of
State, and the Director of the Arms Control and Disarmament Agency are
directed to establish and implement procedures which will ensure to the
maximum extent feasible, consistent with this chapter, orderly
processing of subsequent arrangements and export licenses with minimum
time delay.
(Pub. L. 95-242, title I, 102, Mar. 10, 1978, 92 Stat. 122.)
March 10, 1979
Section 103 of Pub. L. 95-242 provided that the President promptly
undertake a study to determine the need for additional United States
enrichment capacity to meet domestic and foreign needs and to promote
United States non-proliferation objectives abroad and report to Congress
on the results of this study within twelve months after Mar. 10, 1978.
22 USC 3223. International undertakings
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Development of international approaches for meeting future
worldwide nuclear fuel needs; international nuclear fuel authority
Consistent with section 3224 of this title, the President shall
institute prompt discussions with other nations and groups of nations,
including both supplier and recipient nations, to develop international
approaches for meeting future worldwide nuclear fuel needs. In
particular, the President is authorized and urged to seek to negotiate
as soon as practicable with nations possessing nuclear fuel production
facilities or source material, and such other nations and groups of
nations, such as the IAEA, as may be deemed appropriate, with a view
toward the timely establishment of binding international undertakings
providing for --
(1) the establishment of an international nuclear fuel authority
(INFA) with responsibility for providing agreed upon fuel services and
allocating agreed upon quantities of fuel resources to ensure fuel
supply on reasonable terms in accordance with agreements between INFA
and supplier and recipient nations;
(2) a set of conditions consistent with subsection (d) of this
section under which international fuel assurances under INFA auspices
will be provided to recipient nations, including conditions which will
ensure that the transferred materials will not be used for nuclear
explosive devices;
(3) devising, consistent with the policy goals set forth in section
2153b of title 42, feasible and environmentally sound approaches for the
siting, development, and management under effective international
auspices and inspection of facilities for the provision of nuclear fuel
services, including the storage of special nuclear material;
(4) the establishment of repositories for the storage of spent
nuclear reactor fuel under effective international auspices and
inspection;
(5) the establishment of arrangements under which nations placing
spent fuel in such repositories would receive appropriate compensation
for the energy content of such spent fuel if recovery of such energy
content is deemed necessary or desirable; and
(6) sanctions for violation of the provisions of or for abrogation of
such binding international undertakings.
(b), (c) Omitted
(d) Adherence of nations to policies designed to prevent
proliferation
The fuel assurances contemplated by this section shall be for the
benefit of nations that adhere to policies designed to prevent
proliferation. In negotiating the binding international undertakings
called for in this section, the President shall, in particular, seek to
ensure that the benefits of such undertakings are available to
non-nuclear-weapon states only if such states accept IAEA safeguards on
all their peaceful nuclear activities, do not manufacture or otherwise
acquire any nuclear explosive device, do not establish any new
enrichment or reprocessing facilities under their de facto or de jure
control, and place any such existing facilities under effective
international auspices and inspection.
(e) Report on progress of negotiations
The report required by section 3281 of this title shall include
information on the progress made in any negotiations pursuant to this
section.
(f) Congressional approval of non-treaty international undertakings;
submission of proposals
(1) The President may not enter into any binding international
undertaking negotiated pursuant to subsection (a) of this section which
is not a treaty until such time as such proposed undertaking has been
submitted to the Congress and has been approved by concurrent
resolution.
(2) The proposals prepared pursuant to subsection (b) of this section
shall be submitted to the Congress as part of an annual authorization
Act for the Department of Energy.
(Pub. L. 95-242, title I, 104, Mar. 10, 1978, 92 Stat. 122.)
Subsec. (b) of this section, directed the President to submit to
Congress not later than six months after Mar. 10, 1978, proposals for
initial fuel assurances, including creation of an interim stockpile of
uranium enriched to less than 20 percent in the uranium isotope 235
(low-enriched uranium) to be available for transfer pursuant to a sales
arrangement to nations which adhere to strict policies designed to
prevent proliferation when and if necessary to ensure continuity of
nuclear fuel supply to such nations, which submission was to include
proposals for the transfer of low-enriched uranium up to an amount
sufficient to produce 100,000 MWe years of power from light water
nuclear reactors, and also to include proposals for seeking
contributions from other supplier nations to such an interim stockpile
pending the establishment of INFA.
Subsec. (c) of this section, which directed the President, in the
report required by section 103 of Pub. L. 95-242, title I, Mar. 10,
1978, 92 Stat. 122, formerly set out as a note under section 3222 of
this title, to also address the desirability of and options for foreign
participation, including investment, in new United States uranium
enrichment facilities, the arrangements that would be required to
implement such participation, and the commitments that would be required
as a condition of such participation, was omitted in view of the
omission of section 103 of Pub. L. 95-242.
Secretary of State responsible for performing functions vested in
President under subsecs. (a) and (d), see section 2(a) of Ex. Ord.
No. 12058, May 11, 1978, 43 F.R. 20947, set out as a note under section
3201 of this title.
22 USC 3224. Reevaluation of nuclear fuel cycle
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President shall take immediate initiatives to invite all nuclear
supplier and recipient nations to reevaluate all aspects of the nuclear
fuel cycle, with emphasis on alternatives to an economy based on the
separation of pure plutonium or the presence of high enriched uranium,
methods to deal with spent fuel storage, and methods to improve the
safeguards for existing nuclear technology. The President shall, in the
first report required by section 3281 of this title, detail the progress
of such international reevaluation.
(Pub. L. 95-242, title I, 105, Mar. 10, 1978, 92 Stat. 123.)
Secretary of State responsible for performing functions vested in
President under this section, see section 2(a) of Ex. Ord. No. 12058,
May 11, 1978, 43 F.R. 20947, set out as a note under section 3201 of
this title.
22 USC 3224a. Studies and agreements by Secretary of Energy on
multinational or international basis concerning spent fuel storage
facilities and transportation systems; Congressional consent;
authorization of appropriations; limitations on use of funds;
exceptions; special nuclear material for India
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Department of Energy is hereby authorized to undertake studies, in
cooperation with other nations, on a multinational or international
basis designed to determine the general feasibility of expanding
capacity of existing spent fuel storage facilities; to enter into
agreements, subject to the consent of the Congress (by joint or
concurrent resolution or legislation hereafter enacted), with other
nations or groups of nations, for providing appropriate support to
increase international or multinational spent fuel storage capacity; to
conduct studies on the feasibility of establishing regional storage
sites; and to conduct studies on international transportation and
storage systems. For the purpose of carrying out the provisions of this
section, there is included in subsection 101(20) of this Act
authorization of appropriations in the amount of $20,000,000: Provided,
That, notwithstanding any other provision of law, that none of the funds
made available to the Secretary of Energy under any other authorization
or appropriation Act shall be used, directly or indirectly, for the
repurchase, transportation or storage of any foreign spent nuclear fuel
(including any nuclear fuel irradiated in any nuclear power reactor
located outside of the United States and operated by any foreign legal
entity, government or nongovernment, regardless of the legal ownership
or control of the fuel or the reactor, and regardless of the origin or
licensing of the fuel or the reactor, but not including fuel irradiated
in a research reactor, and not including fuel irradiated in a power
reactor if the President determines that (1) use of funds for
repurchase, transportation or storage of such fuel is required by an
emergency situation, (2) it is in the interest of the common defense and
security of the United States to take such action, and (3) he notifies
the Congress of the determination and action, with a detailed
explanation and justification thereof, as soon as possible) unless the
President formally notifies, with the report information specified
herein, the Committee on Energy and Natural Resources of the Senate and
the Committee on Science and Technology of the House of Representatives
of such use of funds thirty calendar days, during such time as either
House of Congress is in session, before the commitment, expenditure, or
obligation of such funds: And provided further, That, notwithstanding
any other provision of law, that none of the funds appropriated pursuant
to this Act or any other funds made available to the Secretary of Energy
under any other authorization or appropriation Act shall be used,
directly or indirectly, for the repurchase, transportation, or storage
of any such foreign spent nuclear fuel for storage or other disposition,
interim or permanent, in the United States, unless the use of the funds
for that specific purpose has been (1) previously and expressly
authorized by Congress in legislation hereafter enacted, (2) previously
and expressly authorized by a concurrent resolution, or (3) the
President submits a plan for such use, with the report information
specified herein, thirty days during which the Congress is in continuous
session, as defined in the Impoundment Control Act of 1974 (2 U.S.C. 681
et seq.), prior to such use and neither House of Congress approves a
resolution of disapproval of the plan prior to the expiration of the
aforementioned thirty-day period. If such a resolution of disapproval
has been introduced, but has not been reported by the Committee on or
before the twentieth day after transmission of the Presidential message,
a privileged motion shall be in order in the respective body to
discharge the Committee from further consideration of the resolution and
to provide for its immediate consideration, using the procedures
specified for consideration of an impoundment resolution in section 1017
of the Impoundment Control Act of 1974 (31 U.S.C. 1407) (2 U.S.C. 688).
Any report or plan proposed under this proviso shall include information
and any supporting documentation thereof relating to policy objectives,
technical description and discussion, geographic information, cost data,
justification and projections, legal and regulatory considerations,
environmental impact information and any related bilateral or
international agreements, arrangements or understandings: And provided
further, That nothing contained in this section shall be construed in
any executive branch action, administrative proceeding, regulatory
proceeding, or legal proceeding as being intended to delay, modify, or
reverse the Memorandum and Order of the Nuclear Regulatory Commission of
June 28, 1977, for the issuance of License No. XSNM-845 to the
agent-applicant for the Government of India and the subsequent export
thereby licensed of the special nuclear material to be used as fuel for
the Tarapur Atomic Power Station or any other order of the Nuclear
Regulatory Commission to issue a license for the export of special
nuclear material and subsequent exports thereby licensed, or any
consideration by the Nuclear Regulatory Commission of a license
application for the export of special nuclear material.
(Pub. L. 95-238, title I, 107, Feb. 25, 1978, 92 Stat. 55.)
Section 101(20) of this Act, referred to in text, is section 101(20)
of Pub. L. 95-238, title I, Feb. 25, 1978, 92 Stat. 48, which
authorized appropriations for fuel cycle research and development and
which was not classified to the Code. Pub. L. 95-238 is known as the
Department of Energy Act of 1978 -- Civilian Applications.
The Impoundment Control Act of 1974, referred to in text, is title X
of Pub. L. 93-344, July 12, 1974, 88 Stat. 332, as amended, which is
classified principally to chapter 17B ( 681 et seq.) of Title 2, The
Congress. For complete classification of this Act to the Code, see
Short Title note set out under section 681 of Title 2 and Tables.
Section was enacted as part of the Department of Energy Act of 1978
-- Civilian Applications, and not as part of the Nuclear
Non-Proliferation Act of 1978 which comprises this chapter.
22 USC 3241. Congressional declaration of policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The United States is committed to continued strong support for the
principles of the Treaty on the Non-Proliferation of Nuclear Weapons, to
a strengthened and more effective International Atomic Energy Agency and
to a comprehensive safeguards system administered by the Agency to deter
proliferation. Accordingly, the United States shall seek to act with
other nations to --
(a) continue to strengthen the safeguards program of the IAEA and, in
order to implement this section, contribute funds, technical resources,
and other support to assist the IAEA in effectively implementing
safeguards;
(b) ensure that the IAEA has the resources to carry out the
provisions of Article XII of the Statute of the IAEA;
(c) improve the IAEA safeguards system (including accountability) to
ensure --
(1) the timely detection of a possible diversion of source or special
nuclear materials which could be used for nuclear explosive devices;
(2) the timely dissemination of information regarding such diversion;
and
(3) the timely implementation of internationally agreed procedures in
the event of such diversion;
(d) ensure that the IAEA receives on a timely basis the data needed
for it to administer an effective and comprehensive international
safeguards program and that the IAEA provides timely notice to the world
community of any evidence of a violation of any safeguards agreement to
which it is a party; and
(e) encourage the IAEA, to the maximum degree consistent with the
Statute, to provide nations which supply nuclear materials and equipment
with the data needed to assure such nations of adherence to bilateral
commitments applicable to such supply.
(Pub. L. 95-242, title II, 201, Mar. 10, 1978, 92 Stat. 124.)
Subchapter effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a note
under section 3201 of this title.
22 USC 3242. Training program
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Department of Energy, in consultation with the Commission, shall
establish and operate a safeguards and physical security training
program to be made available to persons from nations and groups of
nations which have developed or acquired, or may be expected to develop
or acquire, nuclear materials and equipment for use for peaceful
purposes. Any such program shall include training in the most advanced
safeguards and physical security techniques and technology, consistent
with the national security interests of the United States.
(Pub. L. 95-242, title II, 202, Mar. 10, 1978, 92 Stat. 124.)
22 USC 3243. Negotiations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The United States shall seek to negotiate with other nations and
groups of nations to --
(1) adopt general principles and procedures, including common
international sanctions, to be followed in the event that a nation
violates any material obligation with respect to the peaceful use of
nuclear materials and equipment or nuclear technology, or in the event
that any nation violates the principles of the Treaty, including the
detonation by a non-nuclear-weapon state of a nuclear explosive device;
and
(2) establish international procedures to be followed in the event of
diversion, theft, or sabotage of nuclear materials or sabotage of
nuclear facilities, and for recovering nuclear materials that have been
lost or stolen, or obtained or used by a nation or by any person or
group in contravention of the principles of the Treaty.
(Pub. L. 95-242, title II, 203, Mar. 10, 1978, 92 Stat. 124.)
22 USC 3244. Actions to combat international nuclear terrorism
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Actions to be taken by President
The Congress hereby directs the President --
(1) to seek universal adherence to the Convention on the Physical
Protection of Nuclear Material;
(2) to --
(A) conduct a review, enlisting the participation of all relevant
departments and agencies of the Government, to determine whether the
recommendations on Physical Protection of Nuclear Material published by
the International Atomic Energy Agency are adequate to deter theft,
sabotage, and the use of nuclear facilities and materials in acts of
international terrorism, and
(B) transmit the results of this review to the Director-General of
the International Atomic Energy Agency;
(3) to take, in concert with United States allies and other
countries, such steps as may be necessary --
(A) to keep to a minimum the amount of weapons-grade nuclear material
in international transit, and
(B) to ensure that when any such material is transported
internationally, it is under the most effective means for adequately
protecting it from acts or attempted acts of sabotage or theft by
terrorist groups or nations; and
(4) to seek agreement in the United Nations Security Council to
establish --
(A) an effective regime of international sanctions against any nation
or subnational group which conducts or sponsors acts of international
nuclear terrorism, and
(B) measures for coordinating responses to all acts of international
nuclear terrorism, including measures for the recovery of stolen nuclear
material and the clean-up of nuclear releases.
(b) Reports to Congress
The President shall report to the Congress annually, in the reports
required by section 3281 of this title, on the progress made during the
preceding year in achieving the objectives described in this section.
(Pub. L. 99-399, title VI, 601, Aug. 27, 1986, 100 Stat. 874.)
Section was enacted as part of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986, and not as part of the Nuclear
Non-Proliferation Act of 1978 which comprises this chapter.
22 USC SUBCHAPTER III -- UNITED STATES ASSISTANCE TO DEVELOPING
COUNTRIES
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 3261. Congressional declaration of policy; Presidential report
to Congress
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The United States shall endeavor to cooperate with other nations,
international institutions, and private organizations in establishing
programs to assist in the development of non-nuclear energy resources,
to cooperate with both developing and industrialized nations in
protecting the international environment from contamination arising from
both nuclear and non-nuclear energy activities, and shall seek to
cooperate with and aid developing countries in meeting their energy
needs through the development of such resources and the application of
non-nuclear technologies consistent with the economic factors, the
material resources of those countries, and environmental protection.
The United States shall additionally seek to encourage other
industrialized nations and groups of nations to make commitments for
similar cooperation and aid to developing countries. The President
shall report annually to Congress on the level of other nations' and
groups of nations' commitments under such program and the relation of
any such commitments to United States efforts under this title. In
cooperating with and providing such assistance to developing countries,
the United States shall give priority to parties to the Treaty.
(Pub. L. 95-242, title V, 501, Mar. 10, 1978, 92 Stat. 148.)
Subchapter effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a note
under section 3201 of this title.
Secretary of State responsible for performing functions vested in
President under this section, see section 2(a) of Ex. Ord. No. 12058,
May 11, 1978, 43 F.R. 20947, set out as a note under section 3201 of
this title.
22 USC 3262. Programs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Energy development programs
The United States shall initiate a program, consistent with the aims
of section 3261 of this title, to cooperate with developing countries
for the purpose of --
(1) meeting the energy needs required for the development of such
countries;
(2) reducing the dependence of such countries on petroleum fuels,
with emphasis given to utilizing solar and other renewable energy
resources; and
(3) expanding the energy alternatives available to such countries.
(b) Energy assessments and cooperative projects
Such program shall include cooperation in evaluating the energy
alternatives of developing countries, facilitating international trade
in energy commodities, developing energy resources, and applying
suitable energy technologies. The program shall include both general
and country-specific energy assessments and cooperative projects in
resource exploration and production, training, research and development.
(c) Exchange of scientists, technicians, and energy experts
As an integral part of such program, the Department of Energy, under
the general policy guidance of the Department of State and in
cooperation with the Agency for International Development and other
Federal agencies as appropriate, shall initiate, as soon as practicable,
a program for the exchange of United States scientists, technicians, and
energy experts with those of developing countries to implement the
purposes of this section.
(d) Authorization of appropriations
For the purposes of carrying out this section, there is authorized to
be appropriated such sums as are contained in annual authorization Acts
for the Department of Energy, including such sums which have been
authorized for such purposes under previous legislation.
(e) Coordination with related United States activities abroad
Under the direction of the President, the Secretary of State shall
ensure the coordination of the activities authorized by this subchapter
with other related activities of the United States conducted abroad,
including the programs authorized by sections 2151a(c), 2151d(a)(2), /1/
and 2151q /1/ of this title.
(Pub. L. 95-242, title V, 502, Mar. 10, 1978, 92 Stat. 149.)
Section 2151d(a)(2) of this title, referred to in subsec. (e), which
at the time of enactment of this section related to programs to increase
energy production and conservation in developing countries, was deleted
in the general amendment of section 2151d by Pub. L. 96-53, title I,
104(b), 105, Aug. 14, 1979, 93 Stat. 360, 362. For provisions relating
to cooperative programs with developing countries in energy production
and conservation, see section 2151d(b)(2) of this title.
Section 2151q of this title, referred to in subsec. (e), was
repealed by Pub. L. 96-533, title III, 304(g), Dec. 16, 1980, 94 Stat.
3147. See section 2151d(a)(2), (b)(2), (c) of this title.
to Congress Not Later Than March 10, 1979
Section 503 of Pub. L. 95-242 provided that, not later than twelve
months after Mar. 10, 1978, the President report to the Congress on the
feasibility of expanding the cooperative activities established pursuant
to subsec. (c) of this section into an international cooperative effort
to include a scientific peace corps designed to encourage large numbers
of technically trained volunteers to live and work in developing
countries for varying periods of time for the purpose of engaging in
projects to aid in meeting the energy needs of such countries through
the search for and utilization of indigenous energy resources and the
application of suitable technology, including the widespread utilization
of renewable and unconventional energy technologies, and to also include
in the report a discussion of other mechanisms to conduct a coordinated
international effort to develop, demonstrate, and encourage the
utilization of such technologies in developing countries.
/1/ See References in Text note below.
22 USC SUBCHAPTER IV -- EXECUTIVE REPORTING
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 3281. Annual Presidential report to Congress on governmental
efforts to prevent proliferation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Review of Government activities; description of progress;
assessment of impact of progress; determinations regarding
non-nuclear-weapon states; counterproductiveness of policies
The President shall review all activities of Government departments
and agencies relating to preventing proliferation and shall make a
report to Congress in January of 1979 and annually in January of each
year thereafter on the Government's efforts to prevent proliferation.
This report shall include but not be limited to --
(1) a description of the progress made toward --
(A) negotiating the initiatives contemplated in sections 3223 and
3224 of this title;
(B) negotiating the international arrangements or other mutual
undertakings contemplated in section 2153b of title 42;
(C) encouraging non-nuclear-weapon states that are not party to the
Treaty to adhere to the Treaty or, pending such adherence, to enter into
comparable agreements with respect to safeguards and to foreswear the
development of any nuclear explosive devices, and discouraging nuclear
exports to non-nuclear-weapon states which have not taken such steps;
(D) strengthening the safeguards of the IAEA as contemplated in
section 3241 of this title; and
(E) renegotiating agreements for cooperation as contemplated in
section 2153c(a) of title 42;
(2) an assessment of the impact of the progress described in
paragraph (1) on the non-proliferation policy of the United States; an
explanation of the precise reasons why progress has not been made on any
particular point and recommendations with respect to appropriate
measures to encourage progress; and a statement of what legislative
modifications, if any, are necessary in his judgment to achieve the
non-proliferation policy of the United States;
(3) a determination as to which non-nuclear-weapon states with which
the United States has an agreement for cooperation in effect or under
negotiation, if any, have --
(A) detonated a nuclear device; or
(B) refused to accept the safeguards of the IAEA on all of their
peaceful nuclear activities; or
(C) refused to give specific assurances that they will not
manufacture or otherwise acquire any nuclear explosive device; or
(D) engaged in activities involving source or special nuclear
material and having direct significance for the manufacture or
acquisition of nuclear explosive devices;
(4) an assessment of whether any of the policies set forth in this
chapter have, on balance, been counterproductive from the standpoint of
preventing proliferation; and
(5) a description of the progress made toward establishing procedures
to facilitate the timely processing of requests for subsequent
arrangements and export licenses in order to enhance the reliability of
the United States in meeting its commitments to supply nuclear reactors
and fuel to nations which adhere to effective non-proliferation
policies.
(b) Analysis of civil agreements for cooperation
In the first report required by this section, the President shall
analyze each civil agreement for cooperation negotiated pursuant to
section 2153 of title 42, and shall discuss the scope and adequacy of
the requirements and obligations relating to safeguards and other
controls therein.
(Pub. L. 95-242, title VI, 601, Mar. 10, 1978, 92 Stat. 150.)
Subchapter effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a note
under section 3201 of this title.
Secretary of State responsible for performing function vested in
President by this section to extent that it relates to preparation of an
annual report, see section 2(c) of Ex. Ord. No. 12058, May 11, 1978, 43
F.R. 20947, set out as a note under section 3201 of this title.
22 USC 3282. Reports by departments and agencies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Reports by Nuclear Regulatory Commission and Department of Energy
The annual reports to the Congress by the Commission and the
Department of Energy which are otherwise required by law shall also
include views and recommendations regarding the policies and actions of
the United States to prevent proliferation which are the statutory
responsibility of those agencies. The Department's report shall include
a detailed analysis of the proliferation implications of advanced
enrichment and reprocessing techniques, advanced reactors, and
alternative nuclear fuel cycles. This part of the report shall include
a comprehensive version which includes any relevant classified
information and a summary unclassified version.
(b) Additional reporting requirements
The reporting requirements of this subchapter are in addition to and
not in lieu of any other reporting requirements under applicable law.
(c) Committees on Foreign Relations and Governmental Affairs of
Senate and Committee on Foreign Affairs of House of Representatives to
be kept informed
The Department of State, the Department of Defense, the Arms Control
and Disarmament Agency, the Department of Commerce, the Department of
Energy, and the Commission shall keep the Committees on Foreign
Relations and Governmental Affairs of the Senate and the Committee on
Foreign Affairs of the House of Representatives fully and currently
informed with respect to their activities to carry out the purposes and
policies of this chapter and to otherwise prevent proliferation, and
with respect to the current activities of foreign nations which are of
significance from the proliferation standpoint.
(d) Classified portions of reports
Any classified portions of the reports required by this chapter shall
be submitted to the Senate Foreign Relations Committee and the House
Foreign Affairs Committee.
(e) Omitted
(f) Access by Secretary of Defense to information regarding nuclear
proliferation matters; applicability
(1) The Secretary of Defense shall have access, on a timely basis, to
all information regarding nuclear proliferation matters which the
Secretary of State or the Secretary of Energy has or is entitled to
have. Such access shall include access to all communications,
materials, documents, and records relating to nuclear proliferation
matters.
(2) This subsection does not apply to any intradepartmental document
of the Department of State or the Department of Energy, or any portion
of such document, that is solely concerned with internal, confidential
advice on policy concerning the conduct of interagency deliberations on
nuclear proliferation matters.
(Pub. L. 95-242, title VI, 602, Mar. 10, 1978, 92 Stat. 151; H.
Res. 89, Feb. 5, 1979; Pub. L. 99-661, div. A, title XIII, 1370, Nov.
14, 1986, 100 Stat. 4004.)
Subsec. (e) directed that, three years after Mar. 10, 1978, the
Comptroller General complete a study and report to Congress on the
implementation and impact of this chapter on the nuclear
non-proliferation policies, purposes, and objectives of this chapter,
with such recommendations as deemed necessary to support the nuclear
non-proliferation policies, purposes, and objectives of this chapter.
1986 -- Subsec. (c). Pub. L. 99-661, 1370(1), inserted ''the
Department of Defense,''.
Subsec. (f). Pub. L. 99-661, 1370(2), added subsec. (f).
Committee on International Relations of House of Representatives
changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House
Resolution 89, 96th Congress.
22 USC CHAPTER 48 -- TAIWAN RELATIONS
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
3301. Congressional findings and declaration of policy.
(a) Findings.
(b) Policy.
(c) Human rights.
3302. Implementation of United States policy with regard to Taiwan.
(a) Defense articles and services.
(b) Determination of Taiwan's defense needs.
(c) United States response to threats to Taiwan or dangers to United
States interests.
3303. Application to Taiwan of laws and international agreements.
(a) Application of United States laws generally.
(b) Application of United States laws in specific and enumerated
areas.
(c) Treaties and other international agreements.
(d) Membership in international financial institutions and other
international organizations.
3304. Overseas Private Investment Corporation.
(a) Removal of per capita income restriction on Corporation
activities with respect to investment projects on Taiwan.
(b) Application by Corporation of other criteria.
3305. The American Institute in Taiwan.
(a) Conduct of programs, transactions, or other relations with
respect to Taiwan.
(b) Agreements or transactions relative to Taiwan entered into,
performed, and enforced.
(c) Preemption of laws, rules, regulations, or ordinances of District
of Columbia, States, or political subdivisions of States.
3306. Services to United States citizens on Taiwan.
(a) Authorized services.
(b) Acts by authorized employees.
3307. Exemption from taxation.
(a) United States, State, or local taxes.
(b) Charitable contributions; transfers for public, charitable, and
religious uses; charitable and similar gifts.
3308. Activities of United States Government agencies.
(a) Sale, loans, or lease of property; administrative and technical
support functions and services.
(b) Acquisition and acceptance of services.
(c) Institute books and records; access; audit.
3309. Taiwan instrumentality.
(a) Establishment of instrumentality; Presidential determination of
necessary authority.
(b) Offices and personnel.
(c) Privileges and immunities.
3310. Employment of United States Government agency personnel.
(a) Separation from Government service; reemployment or
reinstatement upon termination of Institute employment; benefits.
(b) Employment of aliens on Taiwan.
(c) Institute employees not deemed United States employees.
(d) Tax treatment of amounts paid Institute employees.
3310a. Commercial personnel at American Institute of Taiwan.
3311. Reporting requirements.
(a) Texts of agreements to be transmitted to Congress; secret
agreements to be transmitted to Senate Foreign Relations Committee and
House Foreign Affairs Committee.
(b) Agreements.
(c) Congressional notification, review, and approval requirements and
procedures.
3312. Rules and regulations.
3313. Congressional oversight.
(a) Monitoring activities of Senate Foreign Relations Committee,
House Foreign Affairs Committee, and other Congressional committees.
(b) Committee reports to their respective Houses.
3314. Definitions.
3315. Authorization of appropriations.
3316. Severability.
22 USC 3301. Congressional findings and declaration of policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Findings
The President having terminated governmental relations between the
United States and the governing authorities on Taiwan recognized by the
United States as the Republic of China prior to January 1, 1979, the
Congress finds that the enactment of this chapter is necessary --
(1) to help maintain peace, security, and stability in the Western
Pacific; and
(2) to promote the foreign policy of the United States by authorizing
the continuation of commercial, cultural, and other relations between
the people of the United States and the people on Taiwan.
(b) Policy
It is the policy of the United States --
(1) to preserve and promote extensive, close, and friendly
commercial, cultural, and other relations between the people of the
United States and the people on Taiwan, as well as the people on the
China mainland and all other peoples of the Western Pacific area;
(2) to declare that peace and stability in the area are in the
political, security, and economic interests of the United States, and
are matters of international concern;
(3) to make clear that the United States decision to establish
diplomatic relations with the People's Republic of China rests upon the
expectation that the future of Taiwan will be determined by peaceful
means;
(4) to consider any effort to determine the future of Taiwan by other
than peaceful means, including by boycotts or embargoes, a threat to the
peace and security of the Western Pacific area and of grave concern to
the United States;
(5) to provide Taiwan with arms of a defensive character; and
(6) to maintain the capacity of the United States to resist any
resort to force or other forms of coercion that would jeopardize the
security, or the social or economic system, of the people on Taiwan.
(c) Human rights
Nothing contained in this chapter shall contravene the interest of
the United States in human rights, especially with respect to the human
rights of all the approximately eighteen million inhabitants of Taiwan.
The preservation and enhancement of the human rights of all the people
on Taiwan are hereby reaffirmed as objectives of the United States.
(Pub. L. 96-8, 2, Apr. 10, 1979, 93 Stat. 14.)
Section 18 of Pub. L. 96-8 provided that: ''This Act (enacting this
chapter) shall be effective as of January 1, 1979.''
Section 1 of Pub. L. 96-8 provided that: ''This Act (enacting this
chapter) may be cited as the 'Taiwan Relations Act'.''
Ex. Ord. No. 12143, June 22, 1979, 44 F.R. 37191, provided:
In light of the recognition of the People's Republic of China by the
United States of America as the sole legal government of China, and by
the authority vested in me as President of the United States of America,
by the Taiwan Relations Act (Public Law 96-8, 93 Stat. 14, 22 U.S.C.
3301 et seq., hereinafter referred to as ''the Act''), and Section 301
of Title 3 of the United States Code, in order to facilitate the
maintenance of commercial, cultural and other relations between the
people of the United States and the people on Taiwan without official
representation or diplomatic relations, it is hereby ordered as follows:
1-101. Exclusive of the functions otherwise delegated, or reserved to
the President, by this Order, there are delegated to the Secretary of
State all functions conferred upon the President by the Act (this
chapter). In carrying out these functions, the Secretary of State shall
consult with other departments and agencies as appropriate.
1-102. There are delegated to the Director of the Office of Personnel
Management the functions conferred upon the President by paragraphs (1)
and (2) of Section 11(a) of the Act (22 U.S.C. 3310(a)). These
functions shall be exercised in consultation with the Secretary of
State.
1-103. There are reserved to the President the functions conferred
upon the President by Section 3 (22 U.S.C. 3302), Section 7(a)(3) (22
U.S.C. 3306(a)(3)), and the second sentence of Section 9(b) (22 U.S.C.
3308(b)), and the determination specified in Section 10(a) of the Act
(22 U.S.C. 3309(a)).
1-201. Pursuant to Section 7(a) of the Act (22 U.S.C. 3306(a)), I
specify the following provisions of law:
(a) Section 4082 of the Revised Statutes (22 U.S.C. 1172) (22 U.S.C.
4192);
(b) Section 1707 of the Revised Statutes (22 U.S.C. 1173) (22 U.S.C.
4193);
(c) Section 1708 of the Revised Statutes (22 U.S.C. 1174) (22 U.S.C.
4194);
(d) Section 1709 of the Revised Statutes, as amended (22 U.S.C.
1175) (22 U.S.C. 4195);
(e) Section 1710 of the Revised Statutes, as amended (22 U.S.C.
1176) (22 U.S.C. 4196);
(f) Section 1711 of the Revised Statutes, as amended (22 U.S.C.
1177) (22 U.S.C. 4197);
(g) Section 1718 of the Revised Statutes (22 U.S.C. 1185) (22 U.S.C.
4205); and
(h) Section 7 of the Act of April 5, 1906 (22 U.S.C. 1195) (22 U.S.
C. 4215).
1-202. Pursuant to Section 9(b) of the Act (22 U.S.C. 3308(b)), and
in furtherance of the purposes of the Act (this chapter), the
procurement of services may be effected without regard to the following
provisions of law and limitations of authority:
(a) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)
(31 U.S.C. 3324(a) and (b));
(b) Section 9 of the Act of June 30, 1906 (31 U.S.C. 627) (31 U.S.C.
1301); and Section 3679 and 3732 of the Revised Statutes (31 U.S.C.
665 (31 U.S.C. 1341, 1342, 1351, 1511-1519, 1549, 1550); 41 U.S.C.
11), to the extent necessary to permit the indemnification of
contractors against unusually hazardous risks, as defined in Institute
contracts, consistent, to the extent practicable, with regulations
prescribed by the Department of Defense pursuant to the provisions of
the Act of August 28, 1958 (50 U.S.C. 1431 et seq.), and Executive Order
No. 10789 of November 14, 1958, as amended (set out as a note under 50
U.S.C. 1431);
(c) Section 3709 of the Revised Statutes and Section 302 of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 5,
252);
(d) Section 3710 of the Revised Statutes (41 U.S.C. 8);
(e) Section 2 of Title III of the Act of March 3, 1933 (41 U.S.C.
10a);
(f) Section 3735 of the Revised Statutes (41 U.S.C. 13);
(g) Section 304(b) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254(b)), so as to permit the payment of
fees in excess of the prescribed fee limitations, but nothing herein
shall be construed as authorizing the use of the
cost-plus-a-percentage-of-cost system of contracting;
(h) Section 305 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 255);
(i) Sections 2 through 16 of the Contract Disputes Act of 1978 (41
U.S.C. 601-613);
(j) Sections 2304, 2305 and 2306(a) through (f) of Title 10 of the
United States Code, but nothing herein shall be construed as authorizing
the use of the cost-plus-a-percentage-of-cost system of contracting;
and
(k) Section 719 of the Defense Production Act of 1950 (50 U.S.C.
App. 2168).
1-203. (a) With respect to cost-type contracts with the American
Institute in Taiwan under which no fee is charged or paid, amendments
and modifications of such contracts may be made with or without
consideration and may be utilized to accomplish the same things as any
original contract could have accomplished, irrespective of the time or
circumstances of the making, or the form of the contract amended or
modified, or of the amending or modifying contract and irrespective of
rights which may have accrued under the contract or the amendments or
modifications thereof.
(b) With respect to contracts heretofore or hereafter made under the
Act (this chapter), other than those described in subsection (a) of this
Section, amendments and modifications of such contracts may be made with
or without consideration and may be utilized to accomplish the same
things as any original contract could have accomplished, irrespective of
the time or circumstances of the making, or the form of the contract
amended or modified, or of the amending or modifying contract, and
irrespective of rights which may have accrued under the contract or the
amendments or modifications thereof, if the Secretary of State
determines in each case that such action is necessary to protect the
foreign policy interests of the United States.
1-204. Pursuant to Section 10(a) of the Act (22 U.S.C. 3309(a)), the
Coordination Council for North American Affairs is determined to be the
unofficial instrumentality established by the people on Taiwan having
the necessary authority under the laws applied by the people on Taiwan
to provide assurances and take other actions on behalf of Taiwan in
accordance with the Act (this chapter).
1-301. This Order supersedes my memorandum of December 30, 1978 for
all departments and agencies entitled ''Relations With the People on
Taiwan'' (44 FR 1075). Agreements and arrangements referred to in
paragraph (B) of that memorandum shall continue in force and shall be
performed in accordance with the Act (this chapter) and this Order.
Jimmy Carter.
22 USC 3302. Implementation of United States policy with regard to
Taiwan
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Defense articles and services
In furtherance of the policy set forth in section 3301 of this title,
the United States will make available to Taiwan such defense articles
and defense services in such quantity as may be necessary to enable
Taiwan to maintain a sufficient self-defense capability.
(b) Determination of Taiwan's defense needs
The President and the Congress shall determine the nature and
quantity of such defense articles and services based solely upon their
judgment of the needs of Taiwan, in accordance with procedures
established by law. Such determination of Taiwan's defense needs shall
include review by United States military authorities in connection with
recommendations to the President and the Congress.
(c) United States response to threats to Taiwan or dangers to United
States interests
The President is directed to inform the Congress promptly of any
threat to the security or the social or economic system of the people on
Taiwan and any danger to the interests of the United States arising
therefrom. The President and the Congress shall determine, in
accordance with constitutional processes, appropriate action by the
United States in response to any such danger.
(Pub. L. 96-8, 3, Apr. 10, 1979, 93 Stat. 15.)
Pub. L. 96-92, 23, Oct. 29, 1979, 93 Stat. 710, provided that:
''(a) Notwithstanding any other provision of law, during the calendar
year 1980 the President is authorized to transfer to Taiwan, under such
terms and conditions as he may deem appropriate, such United States war
reserve materiel that was located on Taiwan on January 1, 1979, as he
may determine.
''(b) Notwithstanding any other provision of law, during the calendar
years 1979 and 1980 the President is authorized to transfer to Taiwan,
under such terms and conditions as he may deem appropriate, such rights
of the United States in property (other than war reserve materiel) that
was located on Taiwan on January 1, 1979, as he may determine.''
22 USC 3303. Application to Taiwan of laws and international agreements
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Application of United States laws generally
The absence of diplomatic relations or recognition shall not affect
the application of the laws of the United States with respect to Taiwan,
and the laws of the United States shall apply with respect to Taiwan in
the manner that the laws of the United States applied with respect to
Taiwan prior to January 1, 1979.
(b) Application of United States laws in specific and enumerated
areas
The application of subsection (a) of this section shall include, but
shall not be limited to, the following:
(1) Whenever the laws of the United States refer or relate to foreign
countries, nations, states, governments, or similar entities, such terms
shall include and such laws shall apply with respect to Taiwan.
(2) Whenever authorized by or pursuant to the laws of the United
States to conduct or carry out programs, transactions, or other
relations with respect to foreign countries, nations, states,
governments, or similar entities, the President or any agency of the
United States Government is authorized to conduct and carry out, in
accordance with section 3305 of this title, such programs, transactions,
and other relations with respect to Taiwan (including, but not limited
to, the performance of services for the United States through contracts
with commercial entities on Taiwan), in accordance with the applicable
laws of the United States.
(3)(A) The absence of diplomatic relations and recognition with
respect to Taiwan shall not abrogate, infringe, modify, deny, or
otherwise affect in any way any rights or obligations (including but not
limited to those involving contracts, debts, or property interests of
any kind) under the laws of the United States heretofore or hereafter
acquired by or with respect to Taiwan.
(B) For all purposes under the laws of the United States, including
actions in any court in the United States, recognition of the People's
Republic of China shall not affect in any way the ownership of or other
rights or interests in properties, tangible and intangible, and other
things of value, owned or held on or prior to December 31, 1978, or
thereafter acquired or earned by the governing authorities on Taiwan.
(4) Whenever the application of the laws of the United States depends
upon the law that is or was applicable on Taiwan or compliance
therewith, the law applied by the people on Taiwan shall be considered
the applicable law for that purpose.
(5) Nothing in this chapter, nor the facts of the President's action
in extending diplomatic recognition to the People's Republic of China,
the absence of diplomatic relations between the people on Taiwan and the
United States, or the lack of recognition by the United States, and
attendant circumstances thereto, shall be construed in any
administrative or judicial proceeding as a basis for any United States
Government agency, commission, or department to make a finding of fact
or determination of law, under the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.) and the Nuclear Non-Proliferation Act of 1978 (22 U.S.C.
3201 et seq.), to deny an export license application or to revoke an
existing export license for nuclear exports to Taiwan.
(6) For purposes of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), Taiwan may be treated in the manner specified in the
first sentence of section 202(b) of that Act (8 U.S.C. 1152(b)).
(7) The capacity of Taiwan to sue and be sued in courts in the United
States, in accordance with the laws of the United States, shall not be
abrogated, infringed, modified, denied, or otherwise affected in any way
by the absence of diplomatic relations or recognition.
(8) No requirement, whether expressed or implied, under the laws of
the United States with respect to maintenance of diplomatic relations or
recognition shall be applicable with respect to Taiwan.
(c) Treaties and other international agreements
For all purposes, including actions in any court in the United
States, the Congress approves the continuation in force of all treaties
and other international agreements, including multilateral conventions,
entered into by the United States and the governing authorities on
Taiwan recognized by the United States as the Republic of China prior to
January 1, 1979, and in force between them on December 31, 1978, unless
and until terminated in accordance with law.
(d) Membership in international financial institutions and other
international organizations
Nothing in this chapter may be construed as a basis for supporting
the exclusion or expulsion of Taiwan from continued membership in any
international financial institution or any other international
organization.
(Pub. L. 96-8, 4, Apr. 10, 1979, 93 Stat. 15.)
The Atomic Energy Act of 1954, referred to in subsec. (b)(5), is act
Aug. 30, 1954, ch. 1073, 68 Stat. 921, as amended, which is
classified generally to chapter 23 ( 2011 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 2011 of Title 42
and Tables.
The Nuclear Non-Proliferation Act of 1978, referred to in subsec.
(b)(5), is Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, which is
classified principally to chapter 47 ( 3201 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 3201 of this title and Tables.
The Immigration and Nationality Act, referred to in subsec. (b)(6),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 ( 1101 et seq.) of Title 8, Aliens
and Nationality. For complete classification of this Act to the Code,
see Short Title note set out under section 1101 of Title 8 and Tables.
22 USC 3304. Overseas Private Investment Corporation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Removal of per capita income restriction on Corporation
activities with respect to investment projects on Taiwan
During the three-year period beginning on April 10, 1979, the $1,000
per capita income restriction in clause (2) of the second undesignated
paragraph of section 2191 of this title shall not restrict the
activities of the Overseas Private Investment Corporation in determining
whether to provide any insurance, reinsurance, loans, or guaranties with
respect to investment projects on Taiwan.
(b) Application by Corporation of other criteria
Except as provided in subsection (a) of this section, in issuing
insurance, reinsurance, loans, or guaranties with respect to investment
projects on Taiwan, the Overseas Private Insurance /1/ Corporation shall
apply the same criteria as those applicable in other parts of the world.
(Pub. L. 96-8, 5, Apr. 10, 1979, 93 Stat. 16.)
/1/ So in original. Probably should be ''Investment''.
22 USC 3305. The American Institute in Taiwan
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Conduct of programs, transactions, or other relations with
respect to Taiwan
Programs, transactions, and other relations conducted or carried out
by the President or any agency of the United States Government with
respect to Taiwan shall, in the manner and to the extent directed by the
President, be conducted and carried out by or through --
(1) The American Institute in Taiwan, a nonprofit corporation
incorporated under the laws of the District of Columbia, or
(2) such comparable successor nongovernmental entity as the President
may designate,
(hereafter in this chapter referred to as the ''Institute'').
(b) Agreements or transactions relative to Taiwan entered into,
performed, and enforced
Whenever the President or any agency of the United States Government
is authorized or required by or pursuant to the laws of the United
States to enter into, perform, enforce, or have in force an agreement or
transaction relative to Taiwan, such agreement or transaction shall be
entered into, performed, and enforced, in the manner and to the extent
directed by the President, by or through the Institute.
(c) Preemption of laws, rules, regulations, or ordinances of District
of Columbia, States, or political subdivisions of States
To the extent that any law, rule, regulation, or ordinance of the
District of Columbia, or of any State or political subdivision thereof
in which the Institute is incorporated or doing business, impedes or
otherwise interferes with the performance of the functions of the
Institute pursuant to this chapter, such law, rule, regulation, or
ordinance shall be deemed to be preempted by this chapter.
(Pub. L. 96-8, 6, Apr. 10, 1979, 93 Stat. 17.)
22 USC 3306. Services to United States citizens on Taiwan
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorized services
The Institute may authorize any of its employees on Taiwan --
(1) to administer to or take from any person an oath, affirmation,
affidavit, or deposition, and to perform any notarial act which any
notary public is required or authorized by law to perform within the
United States;
(2) To /1/ act as provisional conservator of the personal estates of
deceased United States citizens; and
(3) to assist and protect the interests of United States persons by
performing other acts such as are authorized to be performed outside the
United States for consular purposes by such laws of the United States as
the President may specify.
(b) Acts by authorized employees
Acts performed by authorized employees of the Institute under this
section shall be valid, and of like force and effect within the United
States, as if performed by any other person authorized under the laws of
the United States to perform such acts.
(Pub. L. 96-8, 7, Apr. 10, 1979, 93 Stat. 17.)
/1/ So in original. Probably should not be capitalized.
22 USC 3307. Exemption from taxation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) United States, State, or local taxes
The Institute, its property, and its income are exempt from all
taxation now or hereafter imposed by the United States (except to the
extent that section 3310(a)(3) of this title requires the imposition of
taxes imposed under chapter 21 of title 26, relating to the Federal
Insurance Contributions Act) or by any State or local taxing authority
of the United States.
(b) Charitable contributions; transfers for public, charitable, and
religious uses; charitable and similar gifts
For purposes of title 26, the Institute shall be treated as an
organization described in sections 170(b)(1)(A), 170(c), 2055(a), 2106(
a)(2)(A), 2522(a), and 2522(b) of title 26.
(Pub. L. 96-8, 8, Apr. 10, 1979, 93 Stat. 17; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095.)
The Federal Insurance Contributions Act, referred to in subsec. (a),
is act Aug. 16, 1954, ch. 736, 3101, 3102, 3111, 3112, 3121 to 3128,
68A Stat. 415, as amended, which is classified generally to chapter 21
( 3101 et seq.) of Title 26, Internal Revenue Code. For complete
classification of this Act to the Code, see section 3128 of Title 26 and
Tables.
1986 -- Pub. L. 99-514 substituted in subsecs. (a) and (b)
''Internal Revenue Code of 1986'' for ''Internal Revenue Code of 1954'',
which for purposes of codification was translated as ''title 26'' thus
requiring no change in text.
22 USC 3308. Activities of United States Government agencies
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Sale, loans, or lease of property; administrative and technical
support functions and services
Any agency of the United States Government is authorized to sell,
loan, or lease property (including interests therein) to, and to perform
administrative and technical support functions and services for the
operations of, the Institute upon such terms and conditions as the
President may direct. Reimbursements to agencies under this subsection
shall be credited to the current applicable appropriation of the agency
concerned.
(b) Acquisition and acceptance of services
Any agency of the United States Government is authorized to acquire
and accept services from the Institute upon such terms and conditions as
the President may direct. Whenever the President determines it to be in
furtherance of the purposes of this chapter, the procurement of services
by such agencies from the Institute may be effected without regard to
such laws of the United States normally applicable to the acquisition of
services by such agencies as the President may specify by Executive
order.
(c) Institute books and records; access; audit
Any agency of the United States Government making funds available to
the Institute in accordance with this chapter shall make arrangements
with the Institute for the Comptroller General of the United States to
have access to the books and records of the Institute and the
opportunity to audit the operations of the Institute.
(Pub. L. 96-8, 9, Apr. 10, 1979, 93 Stat. 18.)
22 USC 3309. Taiwan instrumentality
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment of instrumentality; Presidential determination of
necessary authority
Whenever the President or any agency of the United States Government
is authorized or required by or pursuant to the laws of the United
States to render or provide to or to receive or accept from Taiwan, any
performance, communication, assurance, undertaking, or other action,
such action shall, in the manner and to the extent directed by the
President, be rendered or provided to, or received or accepted from, an
instrumentality established by Taiwan which the President determines has
the necessary authority under the laws applied by the people on Taiwan
to provide assurances and take other actions on behalf of Taiwan in
accordance with this chapter.
(b) Offices and personnel
The President is requested to extend to the instrumentality
established by Taiwan the same number of offices and complement of
personnel as were previously operated in the United States by the
governing authorities on Taiwan recognized as the Republic of China
prior to January 1, 1979.
(c) Privileges and immunities
Upon the granting by Taiwan of comparable privileges and immunities
with respect to the Institute and its appropriate personnel, the
President is authorized to extend with respect to the Taiwan
instrumentality and its appropriate personnel, such privileges and
immunities (subject to appropriate conditions and obligations) as may be
necessary for the effective performance of their functions.
(Pub. L. 96-8, 10, Apr. 10, 1979, 93 Stat. 18.)
22 USC 3310. Employment of United States Government agency personnel
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Separation from Government service; reemployment or
reinstatement upon termination of Institute employment; benefits
(1) Under such terms and conditions as the President may direct, any
agency of the United States Government may separate from Government
service for a specified period any officer or employee of that agency
who accepts employment with the Institute.
(2) An officer or employee separated by an agency under paragraph (1)
of this subsection for employment with the Institute shall be entitled
upon termination of such employment to reemployment or reinstatement
with such agency (or a successor agency) in an appropriate position with
the attendant rights, privileges, and benefits with /1/ the officer or
employee would have had or acquired had he or she not been so separated,
subject to such time period and other conditions as the President may
prescribe.
(3) An officer or employee entitled to reemployment or reinstatement
rights under paragraph (2) of this subsection shall, while continuously
employed by the Institute with no break in continuity of service,
continue to participate in any benefit program in which such officer or
employee was participating prior to employment by the Institute,
including programs for compensation for job-related death, injury, or
illness; programs for health and life insurance; programs for annual,
sick, and other statutory leave; and programs for retirement under any
system established by the laws of the United States; except that
employment with the Institute shall be the basis for participation in
such programs only to the extent that employee deductions and employer
contributions, as required, in payment for such participation for the
period of employment with the Institute, are currently deposited in the
program's or system's fund or depository. Death or retirement of any
such officer or employee during approved service with the Institute and
prior to reemployment or reinstatement shall be considered a death in or
retirement from Government service for purposes of any employee or
survivor benefits acquired by reason of service with an agency of the
United States Government.
(4) Any officer or employee of an agency of the United States
Government who entered into service with the Institute on approved leave
of absence without pay prior to April 10, 1979, shall receive the
benefits of this section for the period of such service.
(b) Employment of aliens on Taiwan
Any agency of the United States Government employing alien personnel
on Taiwan may transfer such personnel, with accrued allowances,
benefits, and rights, to the Institute without a break in service for
purposes of retirement and other benefits, including continued
participation in any system established by the laws of the United States
for the retirement of employees in which the alien was participating
prior to the transfer to the Institute, except that employment with the
Institute shall be creditable for retirement purposes only to the extent
that employee deductions and employer contributions, as required, in
payment for such participation for the period of employment with the
Institute, are currently deposited in the system's fund or depository.
(c) Institute employees not deemed United States employees
Employees of the Institute shall not be employees of the United
States and, in representing the Institute, shall be exempt from section
207 of title 18.
(d) Tax treatment of amounts paid Institute employees
(1) For purposes of sections 911 and 913 /2/ of title 26, amounts
paid by the Institute to its employees shall not be treated as earned
income. Amounts received by employees of the Institute shall not be
included in gross income, and shall be exempt from taxation, to the
extent that they are equivalent to amounts received by civilian officers
and employees of the Government of the United States as allowances and
benefits which are exempt from taxation under section 912 of title 26.
(2) Except to the extent required by subsection (a)(3) of this
section, service performed in the employ of the Institute shall not
constitute employment for purposes of chapter 21 of title 26 and title
II of the Social Security Act (42 U.S.C. 401 et seq.).
(Pub. L. 96-8, 11, Apr. 10, 1979, 93 Stat. 18; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095.)
Section 913 of title 26, referred to in subsec. (d)(1), was repealed
by Pub. L. 97-34, title I, 112(a), Aug. 13, 1981, 95 Stat. 194.
Chapter 21 ( 3101 et seq.) of title 26, referred to in subsec. (d)(
2), is known as the Federal Insurance Contributions Act.
The Social Security Act, referred to in subsec. (d)(2), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
Security Act is classified generally to subchapter II ( 401 et seq.) of
chapter 7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title 42 and
Tables.
1986 -- Subsec. (d)(1). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which for
purposes of codification was translated as ''title 26'' thus requiring
no change in text.
/1/ So in original. Probably should be ''which''.
/2/ See References in Text note below.
22 USC 3310a. Commercial personnel at American Institute of Taiwan
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The American Institute of Taiwan shall employ personnel to perform
duties similar to those performed by personnel of the United States and
Foreign Commercial Service. The number of individuals employed shall be
commensurate with the number of United States personnel of the
Commercial Service who are permanently assigned to the United States
diplomatic mission to South Korea.
(Pub. L. 100-418, title II, 2201, Aug. 23, 1988, 102 Stat. 1327.)
Section was enacted as part of the Export Enhancement Act of 1988 and
as part of the Omnibus Trade and Competitiveness Act of 1988, and not as
part of the Taiwan Relations Act which comprises this chapter.
22 USC 3311. Reporting requirements
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Texts of agreements to be transmitted to Congress; secret
agreements to be transmitted to Senate Foreign Relations Committee and
House Foreign Affairs Committee
The Secretary of State shall transmit to the Congress the text of any
agreement to which the Institute is a party. However, any such
agreement the immediate public disclosure of which would, in the opinion
of the President, be prejudicial to the national security of the United
States shall not be so transmitted to the Congress but shall be
transmitted to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives under an
appropriate injunction of secrecy to be removed only upon due notice
from the President.
(b) Agreements
For purposes of subsection (a) of this 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.
(Pub. L. 96-8, 12, Apr. 10, 1979, 93 Stat. 20; Pub. L. 98-164, title
X, 1011(a)(3), Nov. 22, 1983, 97 Stat. 1061.)
1983 -- Subsec. (d). Pub. L. 98-164 struck out subsec. (d) which
required the Secretary of State to make semi-annual reports respecting
economic relations between the United States and Taiwan.
22 USC 3312. Rules and regulations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President is authorized to prescribe such rules and regulations
as he may deem appropriate to carry out the purposes of this chapter.
During the three-year period beginning on January 1, 1979, such rules
and regulations shall be transmitted promptly to the Speaker of the
House of Representatives and to the Committee on Foreign Relations of
the Senate. Such action shall not, however, relieve the Institute of
the responsibilities placed upon it by this chapter.
(Pub. L. 96-8, 13, Apr. 10, 1979, 93 Stat. 20.)
22 USC 3313. Congressional oversight
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Monitoring activities of Senate Foreign Relations Committee,
House Foreign Affairs Committee, and other Congressional committees
The Committee on Foreign Affairs of the House of Representatives, the
Committee on Foreign Relations of the Senate, and other appropriate
committees of the Congress shall monitor --
(1) the implementation of the provisions of this chapter;
(2) the operation and procedures of the Institute;
(3) the legal and technical aspects of the continuing relationship
between the United States and Taiwan; and
(4) the implementation of the policies of the United States
concerning security and cooperation in East Asia.
(b) Committee reports to their respective Houses
Such committees shall report, as appropriate, to their respective
Houses on the results of their monitoring.
(Pub. L. 96-8, 14, Apr. 10, 1979, 93 Stat. 20.)
22 USC 3314. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
For purposes of this chapter --
(1) 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
(2) 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).
(Pub. L. 96-8, 15, Apr. 10, 1979, 93 Stat. 20.)
22 USC 3315. Authorization of appropriations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In addition to funds otherwise available to carry out the provisions
of this chapter, there are authorized to be appropriated to the
Secretary of State for the fiscal year 1980 such funds as may be
necessary to carry out such provisions. Such funds are authorized to
remain available until expended.
(Pub. L. 96-8, 16, Apr. 10, 1979, 93 Stat. 21.)
22 USC 3316. Severability
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
If any provision of this chapter or the application thereof to any
person or circumstance is held invalid, the remainder of the chapter and
the application of such provision to any other person or circumstance
shall not be affected thereby.
(Pub. L. 96-8, 17, Apr. 10, 1979, 93 Stat. 21.)
22 USC CHAPTER 49 -- SUPPORT OF PEACE TREATY BETWEEN EGYPT AND ISRAEL
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
3401. Congressional findings and declaration of policy.
(a) Policy of support for peace treaty.
(b) Findings.
(c) Other agreements, understandings, or commitments.
3402. Supplemental authorization of foreign military sales loan
guaranties for Egypt and Israel.
(a) Congressional findings; use of Arms Export Control Act
procedures.
(b) Authorization of appropriation.
(c) Principal amounts of guaranteed loans.
(d) Repayment schedule.
(e) Modification of terms of guaranteed loans.
3403. Supplemental authorization of economic support for Egypt.
3404. Transfer of facilities of United States Sinai Field Mission to
Egypt.
3405. Contributions by other countries to support peace in the
Middle East.
(a) Presidential consultations with other countries.
(b) Repealed.
3406. Trilateral scientific and technological cooperation by Egypt,
Israel, and United States.
(a) Preparation for United States participation.
(b) Plan development.
3407. Repealed.
3408. Non-proliferation of nuclear weapons.
3421. Congressional declaration of policy.
3422. Participation of United States personnel in the Multinational
Force and Observers.
(a) Participation by United States Armed Forces; maximum limit on
the number of members.
(b) Participation by civilian personnel.
(c) Status of United States personnel.
3423. United States contributions to costs.
(a) United States share of the costs.
(b) Authorization of appropriations.
(c) Reimbursements to the United States.
3424. Nonreimbursed costs.
(a) Administrative and technical support and services.
(b) Costs to be kept at minimum level.
(c) Military training of armed forces of other countries.
3425. Reports to Congress.
(a) Initial report.
(b) Annual report; content.
(c) Description, detail, and accuracy of reports.
3426. Statements of Congressional intent.
(a) Disclaimer of Congressional approval of other agreements,
understandings, or commitments.
(b) Limitations on United States participation.
(c) War Powers Resolution.
3427. Definitions.
22 USC SUBCHAPTER I -- POLITICAL, ECONOMIC, AND TECHNOLOGICAL SUPPORT
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC 3401. Congressional findings and declaration of policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Policy of support for peace treaty
It is the policy of the United States to support the peace treaty
concluded between the Government of Egypt and the Government of Israel
on March 26, 1979. This treaty is a significant step toward a full and
comprehensive peace in the Middle East. The Congress urges the
President to continue to exert every effort to bring about a
comprehensive peace and to seek an end by all parties to the violence
which could jeopardize this peace.
(b) Findings
The peace treaty between Egypt and Israel having been ratified, the
Congress finds that the national interests of the United States are
served --
(1) by authorizing the President to construct air bases in Israel to
replace the Israeli air bases on the Sinai peninsula that are to be
evacuated;
(2) by authorizing additional funds to finance procurements by Egypt
and Israel through the fiscal year 1982 of defense articles and defense
services for their respective security requirements; and
(3) by authorizing additional funds for economic assistance for Egypt
in order to promote the economic stability and development of that
country and to support the peace process in the Middle East.
(c) Other agreements, understandings, or commitments
The authorities contained in this subchapter to implement certain
arrangements in support of the peace treaty between Egypt and Israel do
not signify approval by the Congress of any other agreement,
understanding, or commitment made by the executive branch.
(Pub. L. 96-35, 2, July 20, 1979, 93 Stat. 89.)
This subchapter, referred to in subsec. (c), was in the original
''this Act'', meaning Pub. L. 96-35, July 20, 1979, 93 Stat. 89, as
amended, known as the Special International Security Assistance Act of
1979, which enacted this subchapter and sections 2349, 2349a, and 2349b
of this title. For complete classification of this Act to the Code, see
Short Title note below and Tables.
Section 1 of Pub. L. 96-35 provided that: ''This Act (enacting this
subchapter and sections 2349, 2349a, and 2349b of this title) may be
cited as the 'Special International Security Assistance Act of 1979'.''
Pub. L. 97-132, 1, Dec. 29, 1981, 95 Stat. 1693, provided that:
''This joint resolution (enacting subchapter II of this chapter) may be
cited as the 'Multinational Force and Observers Participation
Resolution'.''
Pub. L. 96-533, title VII, 711, Dec. 16, 1980, 94 Stat. 3160,
provided:
''(a) It is the sense of the Congress that all parties to the
Arab-Israeli conflict need to reaffirm their unequivocal commitment to
the peace process in order to achieve further progress toward a
comprehensive settlement, to reinforce the principles of the Camp David
accords, and to take actions to encourage parties not currently involved
in the peace process to become active participants in peace efforts.
''(b) It is further the sense of the Congress that to further these
goals (1) all parties to the conflict should accept Israel's unequivocal
right to exist within secure and recognized borders; (2) the
Governments of Israel and Egypt should maintain and strengthen their
commitment to the process of normalization of relations and continue
actions to support that commitment; (3) the Governments of Israel and
Egypt should reaffirm their commitment to United Nations Resolution 242
and its applicability, in all its aspects, to territories under
negotiations; and (4) the governments of countries in the Middle East
should assure that their policies and actions are consistent with the
objectives of achieving peace and of involving other parties in the
peace process.''
Pub. L. 96-60, title IV, 403, Aug. 15, 1979, 93 Stat. 403, provided
that: ''It is the sense of the Congress that it should be the policy of
the United States to promote and encourage cultural, scientific, and
economic relations between the Arab Republic of Egypt and the State of
Israel.''
22 USC 3402. Supplemental authorization of foreign military sales loan
guaranties for Egypt and Israel
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Congressional findings; use of Arms Export Control Act
procedures
The Congress finds that the legitimate defense interests of Israel
and Egypt require a one time extraordinary assistance package due to
Israel's phased withdrawal from the Sinai and Egypt's shift from
reliance on Soviet weaponry. The authorizations contained in this
section do not, however, constitute Congressional approval of the sale
of any particular weapons system to either country. These sales will be
reviewed under the normal procedures set forth in section 36(b) of the
Arms Export Control Act (22 U.S.C. 2776(b)).
(b) Authorization of appropriation
In addition to amounts authorized to be appropriated for the fiscal
year 1979 by section 31(a) of the Arms Export Control Act (22 U.S.C.
2771(a)), there is authorized to be appropriated to the President to
carry out that Act (22 U.S.C. 2751 et seq.) $370,000,000 for the fiscal
year 1979.
(c) Principal amounts of guaranteed loans
Funds made available pursuant to subsection (b) of this section may
be used only for guaranties for Egypt and Israel pursuant to section
24(a) of the Arms Export Control Act (22 U.S.C. 2764(a)). The principal
amount of loans guaranteed with such funds may not exceed $3,700,000,000
of which $2,200,000,000 shall be available only for Israel and
$1,500,000,000 shall be available only for Egypt. The principal amount
of such guaranteed loans shall be in addition to the aggregate ceiling
authorized for the fiscal year 1979 by section 31(b) of the Arms Export
Control Act (22 U.S.C. 2771(b)).
(d) Repayment schedule
Loans guaranteed with funds made available pursuant to subsection (b)
of this section shall be on terms calling for repayment within a period
of not less than thirty years, including an initial grace period of ten
years on repayment of principal.
(e) Modification of terms of guaranteed loans
(1) The Congress finds that the Governments of Israel and Egypt each
have an enormous external debt burden which may be made more difficult
by virtue of the financing authorized by this section. The Congress
further finds that, as a consequence of the impact of the debt burdens
incurred by Israel and Egypt under such financing, it may become
necessary in future years to modify the terms of the loans guaranteed
with funds made available pursuant to this section.
(2) Repealed. Pub. L. 97-113, title VII, 734(a)(4), Dec. 29, 1981,
95 Stat. 1560.
(Pub. L. 96-35, 4, July 20, 1979, 93 Stat. 90; Pub. L. 97-113, title
VII, 734(a)(4), Dec. 29, 1981, 95 Stat. 1560.)
That Act, referred to in subsec. (b), means the Arms Export Control
Act, Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which
is classified principally to chapter 39 ( 2751 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2751 of this title and Tables.
1981 -- Subsec. (e)(2). Pub. L. 97-113 struck out par. (2) which
required annual reports respecting economic conditions in Israel and
Egypt and their external debt burdens, covered in provisions respecting
external debt burdens of Egypt, Israel, and Turkey in section 723 of
Pub. L. 97-113, title VII, Dec. 29, 1981, 95 Stat. 1552, not
classified to the Code.
22 USC 3403. Supplemental authorization of economic support for Egypt
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There is authorized to be appropriated to the President to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346 et seq.), $300,000,000 for the fiscal year 1979 for Egypt, in
addition to amounts otherwise authorized to be appropriated for such
chapter for the fiscal year 1979. The amounts appropriated pursuant to
this section may be made available until expended.
(Pub. L. 96-35, 5, July 20, 1979, 93 Stat. 91.)
The Foreign Assistance Act of 1961, referred to in text, is Pub. L.
87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 4 of part II
of the Foreign Assistance Act of 1961 is classified to part IV ( 2346 et
seq.) of subchapter II of chapter 32 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
22 USC 3404. Transfer of facilities of United States Sinai Field
Mission to Egypt
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The President is authorized to transfer to Egypt, on such terms and
conditions as he may determine, such of the facilities and related
property of the United States Sinai Field Mission as he may determine,
upon the termination of the activities of the Sinai Field Mission in
accordance with the terms of the peace treaty between Egypt and Israel.
(Pub. L. 96-35, 6, July 20, 1979, 93 Stat. 91.)
22 USC 3405. Contributions by other countries to support peace in the
Middle East
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Presidential consultations with other countries
It is the sense of the Congress that other countries should give
favorable consideration to providing support for the implementation of
the peace treaty between Egypt and Israel. Therefore, the Congress
requests that the President consult with other countries in order to (1)
promote and develop an agreement for the establishment of a peace
development fund whose purpose would be to underwrite the costs of
implementing a Middle East peace, and (2) encourage investments in
Israel and Egypt and other countries in the region should they join in
Middle East peace agreements.
(b) Repealed. Pub. L. 97-113, title VII, 734(a)(4), Dec. 29, 1981,
95 Stat. 1560
(Pub. L. 96-35, 7, July 20, 1979, 93 Stat. 92; Pub. L. 97-113, title
VII, 734(a)(4), Dec. 29, 1981, 95 Stat. 1560.)
1981 -- Subsec. (b). Pub. L. 97-113 struck out subsec. (b) which
required a Presidential report to Congress no later than Jan. 31, 1980,
on United States efforts to encourage aid to Egypt and Israel.
22 USC 3406. Trilateral scientific and technological cooperation by
Egypt, Israel, and United States
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Preparation for United States participation
It is the sense of the Congress that, in order to continue to build
the structure of peace in the Middle East, the United States should be
prepared to participate, at an appropriate time, in trilateral
cooperative projects of a scientific and technological nature involving
Egypt, Israel, and the United States.
(b) Plan development
Therefore, the President shall develop a plan to guide the
participation of both United States Government agencies and private
institutions in such projects. This plan shall identify --
(1) potential projects in a variety of areas appropriate for
scientific and technological cooperation by the three countries,
including agriculture, health, energy, the environment, education, and
water resources;
(2) the resources which are available or which would be needed to
implement such projects; and
(3) the means by which such projects would be implemented.
(Pub. L. 96-35, 8, July 20, 1979, 93 Stat. 92; Pub. L. 97-113, title
VII, 734(a)(4), Dec. 29, 1981, 95 Stat. 1560.)
1981 -- Subsec. (c). Pub. L. 97-113 struck out subsec. (c) which
required Presidential report to Congress no later than twelve months
after July 20, 1979, respecting trilateral cooperative projects between
Egypt, Israel, and the United States.
22 USC 3407. Repealed. Pub. L. 97-113, title VII, 734(a)(4), Dec. 29,
1981, 95 Stat. 1560
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 96-35, 9, July 20, 1979, 93 Stat. 92, required
submission of a Presidential report to Congress ninety days after July
20, 1979, respecting costs of implementation of the peace treaty between
Egypt and Israel.
22 USC 3408. Non-proliferation of nuclear weapons
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
In accordance with the Nuclear Non-Proliferation Act of 1978 (22 U.
S.C. 3201 et seq.), the Congress strongly encourages all countries in
the Middle East which are not parties to the Treaty on the
Non-Proliferation of Nuclear Weapons to become parties to that Treaty.
(Pub. L. 96-35, 10, July 20, 1979, 93 Stat. 93.)
The Nuclear Non-Proliferation Act of 1978, referred to in text, is
Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, which is classified
principally to chapter 47 ( 3201 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 3201 of this title and Tables.
22 USC 3421. Congressional declaration of policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The Congress considers the establishment of the Multinational Force
and Observers to be an essential stage in the development of a
comprehensive settlement in the Middle East. The Congress enacts this
subchapter with the hope and expectation that establishment of the
Multinational Force and Observers will assist Egypt and Israel in
fulfilling the Camp David accords and bringing about the establishment
of a self-governing authority in order to provide full autonomy in the
West Bank and Gaza.
(Pub. L. 97-132, 2, Dec. 29, 1981, 95 Stat. 1693.)
For short title of Pub. L. 97-132, which enacted this subchapter, as
the Multinational Force and Observers Participation Resolution, see
section 1 of Pub. L. 97-132, set out as a Short Title note under
section 3401 of this title.
22 USC 3422. Participation of United States personnel in the
Multinational Force and Observers
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Participation by United States Armed Forces; maximum limit on
the number of members
(1) Subject to the limitations contained in this subchapter, the
President is authorized to assign, under such terms and conditions as he
may determine, members of the United States Armed Forces to participate
in the Multinational Force and Observers.
(2) The Congress declares that the participation of the military
personnel of other countries in the Multinational Force and Observers is
essential to maintain the international character of the peacekeeping
function in the Sinai. Accordingly --
(A) before the President assigns or details members of the United
States Armed Forces to the Multinational Force and Observers, he shall
notify the Congress of the names of the other countries that have agreed
to provide military personnel for the Multinational Force and Observers,
the number of military personnel to be provided by each country, and the
functions to be performed by such personnel; and
(B) if a country withdraws from the Multinational Force and Observers
with the result that the military personnel of less than four foreign
countries remain, every possible effort must be made by the United
States to find promptly a country to replace that country.
(3) Members of the United States Armed Forces, and United States
civilian personnel, who are assigned, detailed, or otherwise provided to
the Multinational Force and Observers may perform only those functions
or responsibilities which are specified for United Nations Forces and
Observers in the Treaty of Peace and in accordance with the Protocol.
(4) The number of members of the United States Armed Forces who are
assigned or detailed by the United States Government to the
Multinational Force and Observers may not exceed one thousand two
hundred at any one time.
(b) Participation by civilian personnel
Subject to the limitations contained in this subchapter, the
President is authorized to provide, under such terms and conditions as
he may determine, United States civilian personnel to participate as
observers in the Multinational Force and Observers.
(c) Status of United States personnel
The status of United States Government personnel assigned to the
Multinational Force and Observers under subsection (a)(1) or (b) of this
section shall be as provided in section 2389 of this title.
(Pub. L. 97-132, 3, Dec. 29, 1981, 95 Stat. 1693.)
22 USC 3423. United States contributions to costs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) United States share of the costs
In accordance with the agreement set forth in the exchanges of
letters between the United States and Egypt and between the United
States and Israel which were signed on August 3, 1981, the United States
share of the costs of the Multinational Force and Observers --
(1) shall not exceed 60 per centum of the budget for the expenses
connected with the establishment and initial operation of the
Multinational Force and Observers during the period ending September 30,
1982; and
(2) shall not exceed 33 1/3 per centum of the budget for the annual
operating expenses of the Multinational Force and Observers for each
financial year beginning after that date.
(b) Authorization of appropriations
(1) There are authorized to be appropriated to the President to carry
out chapter 6 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2348 et seq.), in addition to amounts otherwise available to
carry out that chapter, $125,000,000 for the fiscal year 1982 for use in
paying the United States contribution to the budget of the Multinational
Force and Observers. Amounts appropriated under this subsection are
authorized to remain available until expended.
(2) Expenditures made pursuant to section 138 of the joint resolution
entitled ''Joint resolution making continuing appropriations for the
fiscal year 1982, and for other purposes'', approved October 1, 1981
(Public Law 97-51), or pursuant to any subsequent corresponding
provision applicable to the fiscal year 1982, shall be charged to the
appropriation authorized by this subsection.
(c) Reimbursements to the United States
Unless required by law, reimbursements to the United States by the
Multinational Force and Observers shall be on the basis of identifiable
costs actually incurred as a result of requirements imposed by the
Multinational Force and Observers, and shall not include administrative
surcharges.
(Pub. L. 97-132, 4, Dec. 29, 1981, 95 Stat. 1694.)
The Foreign Assistance Act of 1961, referred to in subsec. (b)(1), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 6 of
part II of the Foreign Assistance Act of 1961 is classified to part VI (
2348 et seq.) of subchapter II of chapter 32 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
Section 138 of the joint resolution entitled ''Joint resolution
making continuing appropriations for the fiscal year 1982, and for other
purposes'', approved October 1, 1981 (Public Law 97-51), referred to in
subsec. (b)(2), is section 138 of Pub. L. 97-51, Oct. 1, 1981, 95
Stat. 967, which is not classified to the Code.
22 USC 3424. Nonreimbursed costs
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Administrative and technical support and services
Any agency of the United States Government is authorized to provide
administrative and technical support and services to the Multinational
Force and Observers, without reimbursement and upon such terms and
conditions as the President may direct, when the provision of such
support or services would not result in significant incremental costs to
the United States.
(b) Costs to be kept at minimum level
The provision by the United States to the Multinational Force and
Observers under the authority of this subchapter or any other law of any
property, support, or services, including the provision of military and
civilian personnel under section 3422 of this title, on other than a
reimbursable basis shall be kept to a minimum.
(c) Military training of armed forces of other countries
The President may provide military training to members of the armed
forces of other countries participating in the Multinational Force and
Observers.
(Pub. L. 97-132, 5, Dec. 29, 1981, 95 Stat. 1695.)
22 USC 3425. Reports to Congress
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Initial report
Not later than April 30, 1982, the President shall transmit to the
Speaker of the House of Representatives, and to the chairman of the
Committee on Foreign Relations of the Senate, a detailed written report
with respect to the period ending two weeks prior to that date which
contains the information specified in subsection (b) of this section.
(b) Annual report; content
Not later than January 15 of each year (beginning in 1983), the
President shall transmit to the Speaker of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of the Senate,
a written report which describes --
(1) the activities performed by the Multinational Force and Observers
during the preceding year;
(2) the composition of the Multinational Force and Observers,
including a description of the responsibilities and deployment of the
military personnel of each participating country;
(3) All costs incurred by the United States Government (including
both normal and incremental costs), set forth by category, which are
associated with the United States relationship with the Multinational
Force and Observers and which were incurred during the preceding fiscal
year (whether or not the United States was reimbursed for those costs),
specifically including but not limited to --
(A) the costs associated with the United States units and personnel
participating in the Multinational Force and Observers (including
salaries, allowances, retirement and other benefits, transportation,
housing, and operating and maintenance costs), and
(B) the identifiable costs relating to property, support, and
services provided by the United States to the Multinational Force and
Observers;
(4) the costs which the United States Government would have incurred
in maintaining in the United States those United States units and
personnel participating in the Multinational Force and Observers;
(5) amounts received by the United States Government from the
Multinational Force and Observers as reimbursement;
(6) the types of property, support, or services provided to the
Multinational Force and Observers by the United States Government,
including identification of the types of property, support, or services
provided on a nonreimbursable basis; and
(7) the results of any discussions with Egypt and Israel regarding
the future of the Multinational Force and Observers and its possible
reduction or elimination.
(c) Description, detail, and accuracy of reports
(1) The reports required by this section shall be as detailed as
possible.
(2) The information pursuant to subsection (b)(3) of this section
shall, in the case of costs which are not identifiable, be set forth
with reasonable accuracy.
(3) The information with respect to any administrative and technical
support and services provided on a nonreimbursed basis under section
3424(a) of this title shall include a description of the types of
support and services which have been provided and an estimate of both
the total costs of such support and services and the incremental costs
incurred by the United States with respect to such support and services.
(Pub. L. 97-132, 6, Dec. 29, 1981, 95 Stat. 1695.)
Ex. Ord. No. 12361, Apr. 27, 1982, 47 F.R. 18313, provided:
By the authority vested in me as President of the United States of
America by the Multinational Force and Observers Participation
Resolution (Public Law 97-132, 95 Stat. 1693) (this subchapter) and
Section 301 of Title 3 of the United States Code, it is hereby ordered
as follows:
Section 1. Delegation of Functions. The reporting function
conferred upon the President by Section 6 of the Multinational Force and
Observers Participation Resolution (22 U.S.C. 3425) is delegated to the
Secretary of State.
Sec. 2. Interagency Coordination. In the exercise of the function
conferred on the Secretary of State by Section 1 of this Order, the
Secretary of State shall consult with the Director of the Office of
Management and Budget, the Secretary of Defense, the Director of the
United States Arms Control and Disarmament Agency, the Assistant to the
President for National Security Affairs, and the heads of other
Executive agencies as appropriate.
Ronald Reagan.
22 USC 3426. Statements of Congressional intent
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Disclaimer of Congressional approval of other agreements,
understandings, or commitments
Nothing in this subchapter is intended to signify approval by the
Congress of any agreement, understanding, or commitment made by the
executive branch other than the agreement to participate in the
Multinational Force and Observers as set forth in the exchanges of
letters between the United States and Egypt and between the United
States and Israel which were signed on August 3, 1981.
(b) Limitations on United States participation
The limitations contained in this subchapter with respect to United
States participation in the Multinational Force and Observers apply to
the exercise of the authorities provided by this subchapter or provided
by any other provision of law. No funds appropriated by the Congress
may be obligated or expended for any activity which is contrary to the
limitations contained in this subchapter.
(c) War Powers Resolution
Nothing in this subchapter shall affect the responsibilities of the
President or the Congress under the War Powers Resolution (Public Law
93-148) (50 U.S.C. 1541 et seq.).
(Pub. L. 97-132, 7, Dec. 29, 1981, 95 Stat. 1696.)
The War Powers Resolution, referred to in subsec. (c), is Pub. L.
93-148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to
chapter 33 ( 1541 et seq.) of Title 50, War and National Defense. For
complete classification of this Resolution to the Code, see Short Title
note set out under section 1541 of Title 50 and Tables.
22 USC 3427. Definitions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
As used in this subchapter --
(1) 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
(2) 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.
(Pub. L. 97-132, 8, Dec. 29, 1981, 95 Stat. 1697.)
22 USC CHAPTER 50 -- INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL
COOPERATION
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
3501. Congressional statement of policy.
3502. Purposes and establishment; policy guidelines and objectives.
3503. Functions.
(a) Assistance, support, etc., activities in United States and
developing countries.
(b) Review of programs, projects, and other activities; objectives
of review.
(c) Presidential utilization of additional statutory authorities.
(d) Consultation and cooperation with United States and foreign
government agencies, and international organizations.
(e) Presidential promulgation of coordination procedures concerning
other governmental activities.
3504. General authorities; fiscal requirement for authorities.
3505. Director.
(a) Appointment; compensation.
(b) Exercise of Presidential authority; delegation of authority.
3506. Deputy Director.
(a) Appointment; compensation.
(b) Duties and powers.
(c) Additional positions; establishment by President;
compensation.
3507. Council on International Scientific and Technological
Cooperation.
(a) Establishment.
(b) Functions.
(c) Advice to Director concerning selection, termination, or change
in activities, and transfer of government programs and projects to
Institute; review and recommendations respecting new programs and
initiatives.
(d) Composition; Chairman; appointment, terms, etc., of members.
(e) Compensation, reimbursement, status, etc., of nongovernmental
members.
(f) Executive and additional committees; membership, powers, etc.,
of Executive Committee.
3508. Fellowships.
(a) Authorization; number; duration; renewal; criteria; foreign
recipients; designation of recipients as Institute Fellows.
(b) Activities of Institute Fellows.
(c) Amount of awards; transportation, housing, etc., benefits.
(d) Status of Institute Fellows.
(e) Admission into United States of alien participants in program.
3509. Conflict of interest; personnel and activities covered.
3510. Authorization of appropriations.
3511. Repealed.
3512. Establishment within International Development Cooperation
Agency.
3513. Expiration of statutory authorities.
22 USC 3501. Congressional statement of policy
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
As declared by Congress in the Foreign Assistant /1/ Act of 1961 (22
U.S.C. 2151 et seq.), a principal objective of the foreign policy of the
United States is the encouragement and sustained support of the people
of developing countries in their efforts to acquire the knowledge and
resources essential to development and to build the economic, political,
and social institutions which will improve the quality of their lives.
The Congress reaffirms the profound humanitarian and foreign policy
concerns of the United States in the economic and social progress of the
developing countries and in the alleviation of the worst physical
manifestations of poverty in these countries.
In furtherance of that objective, the Congress recognizes that
developing countries require extensive scientific and technological
capacity in order to deal effectively with their development problems,
relate to the industrialized nations, and constructively participate in
the shaping of a stable world order.
It is therefore in the mutual interest of the United States and the
developing countries to increase scientific and technological
cooperation and jointly to support long-term research on critical
problems that impede development and limit the efficient use of the
world's human, natural, and capital resources.
(Pub. L. 96-53, title IV, 401, Aug. 14, 1979, 93 Stat. 371.)
The Foreign Assistance Act of 1961, referred to in text, is Pub. L.
87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified
principally to chapter 32 ( 2151 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of this title and Tables.
Chapter effective Oct. 1, 1979, see section 512(a) of Pub. L.
96-53, set out as an Effective Date of 1979 Amendment note under section
2151 of this title.
/1/ So in original. Probably should be ''Assistance''.
22 USC 3502. Purposes and establishment; policy guidelines and
objectives
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) To strengthen the capacity of the people of developing countries
to solve their development problems through scientific and technological
innovation, to foster research on problems of development, and to
facilitate scientific and technological cooperation with developing
countries, the President is authorized to establish an Institute for
Scientific and Technological Cooperation (hereafter in this chapter
referred to as the ''Institute''), which shall be subject to the foreign
policy guidance of the Secretary of State.
(b) The Institute shall be guided by the policies set forth in
sections 2151 and 2151-1 of this title and shall direct a substantial
share of its resources to those objectives.
(Pub. L. 96-53, title IV, 402, Aug. 14, 1979, 93 Stat. 372.)
22 USC 3503. Functions
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Assistance, support, etc., activities in United States and
developing countries
In carrying out its purposes, the Institute shall --
(1) assist developing countries to strengthen their own scientific
and technological capacity in order for them to undertake the research
and experimentation necessary for development;
(2) support research, in the United States and in developing
countries, on critical development problems, with emphasis on research
relating to technologies which are labor-intensive or which do not
generate additional unemployment or underemployment and with emphasis on
those problems which are the greatest impediment to improvement in the
lives of the majority of the poor;
(3) foster the exchange of scientists and other technological experts
with developing countries, and other forms of exchange and communication
to promote the joint solution of problems of mutual concern to the
United States and developing countries;
(4) advise and assist other agencies of the United States Government
in planning and executing policies and programs of scientific and
technological cooperation with developing countries;
(5) facilitate the participation of private United States
institutions, businesses, and individuals in scientific and
technological cooperation with developing countries; and
(6) gather, analyze, and disseminate information relevant to the
scientific and technological needs of developing countries.
(b) Review of programs, projects, and other activities; objectives
of review
In carrying out the functions specified in subsection (a) of this
section, the Institute shall take particular care to review all of its
programs, projects, and other activities to ensure that technologies
which are developed, utilized, or promoted are assessed with regard to
minimizing any new problems and that participants in such programs,
projects, and activities are fully aware of the need for such review
with respect to any technology-related activities for which the /1/ are
responsible.
(c) Presidential utilization of additional statutory authorities
For purposes of carrying out the functions of the Institute, the
President may utilize, in addition to authorities conferred by this
chapter, such authority contained in the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), the Foreign Service Act of 1980 (22 U.S.C.
3901 et seq.), title V of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656a to 2656d), and title IV of the
International Development and Food Assistance Act of 1978 (22 U.S.C.
2385a), as the President deems necessary.
(d) Consultation and cooperation with United States and foreign
government agencies, and international organizations
The Institute shall carry out its functions in consultation and
cooperation with the agencies of the United States Government,
international organizations, and agencies of other governments engaged
in promoting economic, social, and technological development in
developing countries.
(e) Presidential promulgation of coordination procedures concerning
other governmental activities
The President shall prescribe appropriate procedures to assure
coordination of the activities of the Institute with other activities of
the United States Government in furthering the use of science and
technology in the cause of development.
(Pub. L. 96-53, title IV, 403, Aug. 14, 1979, 93 Stat. 372; Pub. L.
96-465, title II, 2206(a)(11), Oct. 17, 1980, 94 Stat. 2162.)
The Foreign Assistance Act of 1961, referred to in subsec. (c), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is
classified principally to chapter 32 ( 2151 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2151 of this title and Tables.
The Foreign Service Act of 1980, referred to in subsec. (c), is Pub.
L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is
classified principally to chapter 52 ( 3901 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 3901 of this title and Tables.
The Foreign Relations Authorization Act, Fiscal Year 1979, referred
to in subsec. (c), is Pub. L. 95-426, Oct. 7, 1978, 92 Stat. 963, as
amended. Title V of the Foreign Relations Authorization Act, Fiscal
Year 1979, is classified generally to sections 2656a to 2656d of this
title. For complete classification of this Act to the Code, see Tables.
The International Development and Food Assistance Act of 1978,
referred to in subsec. (c), is Pub. L. 95-424, Oct. 6, 1978, 92 Stat.
937, as amended. Title IV of the International Development and Food
Assistance Act of 1978 is classified to section 2385a of this title.
For complete classification of this Act to the Code, see Short Title of
1978 Amendment note set out under section 2151 of this title and Tables.
1980 -- Subsec. (c). Pub. L. 96-465 substituted reference to the
Foreign Service Act of 1980 for reference to the Foreign Service Act of
1946.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
/1/ So in original. Probably should be ''they''.
22 USC 3504. General authorities; fiscal requirement for authorities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) To carry out the purposes and functions of the Institute, the
President may --
(1) make and perform contracts and other agreements with any
individual, institution, corporation, or other body of persons however
designated, within or outside the United States, and with governments or
government agencies, domestic or foreign;
(2) make advances, grants, and loans to any individual, institution,
corporation, or other body of persons however designated, within or
outside the United States, and to governments or government agencies,
domestic or foreign;
(3) employ such personnel as necessary and fix their compensation;
(4) make provision for compensation, transportation, housing,
subsistence (or per diem in lieu thereof), and health care or health and
accident insurance for foreign nationals engaged in activities
authorized by this chapter while they are away from their homes, without
regard to the provisions of any other law;
(5) accept and use money, funds, property, and services of any kind
by gift, devise, bequest, grant, or otherwise in furtherance of the
purposes of the Institute;
(6) acquire by purchase, lease, loan, bequest, or gift and hold and
dispose of by sale, lease, loan, or grant, real and personal property of
all kinds;
(7) prescribe, amend, and repeal such rules and regulations as may be
necessary to the conduct of the business of the Institute;
(8) utilize information, services, facilities, officers, and
employees of any agency of the United States Government;
(9) establish a principal office in the United States and such other
offices within or outside the United States, as may be necessary;
(10) make such expenditures as may be necessary for administering the
provisions of this chapter;
(11) adopt, alter, and use an official seal for the Institute, which
shall be judicially noticed; and
(12) take such other actions as may be necessary and incident to
carrying out the functions of the Institute.
(b) Any authority provided by this section involving the expenditure
of appropriated funds shall be effective for a fiscal year only to such
extent or in such amounts as are provided in appropriation Acts.
(Pub. L. 96-53, title IV, 404, Aug. 14, 1979, 93 Stat. 373.)
The negotiation, conclusion, and termination of international
agreements pursuant to this chapter, shall be subject to requirements of
section 112b of Title 1, General Provisions, and to applicable
regulations and procedures, see section 1-604 of Ex. Ord. No. 12163,
Sept. 29, 1979, 44 F.R. 56677, eff. Oct. 1, 1979, set out as a note
under section 2381 of this title.
22 USC 3505. Director
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Appointment; compensation
There shall be a Director of the Institute (hereafter in this chapter
referred to as the ''Director'') who shall be the chief executive
officer of the Institute. The Director shall be appointed by the
President, by and with the advice and consent of the Senate, and shall
receive compensation at the rate payable for level III of the Executive
Schedule under section 5314 of title 5.
(b) Exercise of Presidential authority; delegation of authority
The President may exercise any authorities conferred upon him by this
chapter through the Director or any other agency or officer of the
United States Government as he shall direct. The Director or head of
any such agency or any such officer may delegate to any of his
subordinates authority to perform any of such functions.
(Pub. L. 96-53, title IV, 405, Aug. 14, 1979, 93 Stat. 373.)
22 USC 3506. Deputy Director
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Appointment; compensation
A Deputy Director of the Institute shall be appointed by the
President, by and with the advice and consent of the Senate. The Deputy
Director shall receive compensation at the rate payable for level IV of
the Executive Schedule under section 5315 of title 5.
(b) Duties and powers
The Deputy Director shall perform such duties and exercise such
powers as the Director may prescribe.
(c) Additional positions; establishment by President; compensation
The President may establish up to two additional positions in the
Institute to be compensated at the rate payable for level V of the
Executive Schedule under section 5316 of title 5.
(Pub. L. 96-53, title IV, 406, Aug. 14, 1979, 93 Stat. 374.)
The two additional positions in the Institute authorized by subsec.
(c) of this section were established by section 1-403 of Ex. Ord. No.
12163, Sept. 29, 1979, 44 F.R. 56675, eff. Oct. 1, 1979, set out as a
note under section 2381 of this title.
22 USC 3507. Council on International Scientific and Technological
Cooperation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Establishment
In order to further the purposes of the Institute, the President is
authorized to establish a Council on International Scientific and
Technological Cooperation (hereafter in this chapter referred to as the
''Council'').
(b) Functions
(1) The Council shall --
(A) advise the Director with respect to the policies, programs,
planning, and procedures of the Institute;
(B) make recommendations to the Director on the use of the resources
available to the Institute; and
(C) advise the Director on matters involving the activities of the
Institute overseas and appropriate relationships with the private
sector, within and outside the United States.
(2) The Council shall prepare an annual report setting forth the
major recommendations made and advice given pursuant to paragraph (1) of
this subsection.
(c) Advice to Director concerning selection, termination, or change
in activities, and transfer of government programs and projects to
Institute; review and recommendations respecting new programs and
initiatives
The Director shall seek the advice of the Council before making any
decision with respect to the selection or termination of, or any
significant change in, the areas and issues in which the Institute
conducts its activities, and with respect to the transfer of specific
programs and projects from any other Government agency to the Institute.
The Council shall have the authority to review all new programs and
initiatives before their implementation and to make recommendations with
regard to the approval or disapproval of new programs and initiatives
having a cost in excess of $500,000 or a duration greater than two
years.
(d) Composition; Chairman; appointment, terms, etc., of members
The Council shall consist of up to twenty-five members appointed by
the President, one of whom the President shall designate as Chairman.
The members of the Council shall be appointed for terms of four years,
except that the members first appointed shall be appointed for terms of
one, two, three, or four years, as designated by the President at the
time of their appointment, so that the terms of approximately one-fourth
of the members of the Council expire in any year. The members of the
Council shall be selected from among --
(1) citizens of the United States who are widely recognized for their
broad knowledge of, or expertise in, science and technology, or their
interest in the scientific and technological problems of developing
countries;
(2) citizens of foreign countries who by their knowledge and
expertise are capable of providing advice and guidance to the Institute
on the application of science and technology to the problems of
developing countries, except that not more than one-third of the
membership of the Council shall consist of members who are citizens of
foreign countries; and
(3) officials of the United States Government, except that not to
exceed five members of the Council may be appointed under this
paragraph, one of whom shall be the Secretary of State or his designee.
(e) Compensation, reimbursement, status, etc., of nongovernmental
members
Members of the Council who are not officials of the United States
Government shall be entitled to compensation, not to exceed the daily
equivalent of the highest rate which may be paid to an employee under
the General Schedule established by section 5332 of title 5, while in
the performance of their duties under this chapter, and to reimbursement
for expenses and per diem in lieu of subsistence while away from their
homes or regular places of business in the same manner as persons
employed intermittently in Government service are allowed expenses under
section 5703 of title 5. Members of the Council who are not officials
of the United States Government shall not be deemed officers, employees,
or otherwise in the service or employment of the United States
Government for any purpose, except that members of the Council who are
United States citizens shall be deemed Government employees for the
purposes of sections 202, 203, 205, 207, 208, and 209 of title 18.
(f) Executive and additional committees; membership, powers, etc.,
of Executive Committee
The Council may appoint from among its members an Executive
Committee, and such other committees it deems necessary, to assist it in
exercising its powers and functions. The Executive Committee shall
consist of seven members, one of whom shall be the Chairman of the
Council and not more than three of whom shall be employees of the United
States Government. The Executive Committee shall exercise such powers
and functions as are delegated to it by the Council.
(Pub. L. 96-53, title IV, 407, Aug. 14, 1979, 93 Stat. 374.)
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
The Council on International Scientific and Technological Cooperation
by subsec. (a) of this section was established by section 1-402 of Ex.
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56675, eff. Oct. 1, 1979, set
out as a note under section 2381 of this title.
22 USC 3508. Fellowships
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) Authorization; number; duration; renewal; criteria; foreign
recipients; designation of recipients as Institute Fellows
The President is authorized to award up to twenty fellowships
annually for periods up to two years, such awards to be renewable for an
additional period not to exceed two years, to individuals who have
demonstrated exceptional competence and ability in the fields of
scientific, technological, economic, or social endeavor selected by the
Institute for concentration. The awards shall be made so as to
encompass a wide diversity of disciplines and backgrounds, and shall be
made on the basis of criteria established by the President upon the
advice of the Council. Up to ten of the awards in any year may be made
to citizens of countries other than the United States. Individuals
awarded fellowships shall be designated as Institute Fellows.
(b) Activities of Institute Fellows
The President may assign Institute Fellows to undertake such
activities, in the United States or abroad, as will further the purposes
of the Institute.
(c) Amount of awards; transportation, housing, etc., benefits
The amount of the awards made pursuant to this section shall be
established by the President, but shall not in any case exceed the
highest rate which may be paid to an employee under the General Schedule
established by section 5332 of title 5. In addition, where appropriate,
the President may make provisions for transportation, housing (when
assigned outside country of residence), subsistence (or per diem in lieu
thereof), and health care or health or accident insurance for Institute
Fellows and their dependents while engaged in activities authorized by
this chapter.
(d) Status of Institute Fellows
Except as provided otherwise in this section, Institute Fellows shall
not be deemed employees or otherwise in the service or employment of the
United States Government. Institute Fellows shall be considered
employees for purposes of compensation of injuries under chapter 81 of
title 5 and the tort claim provisions of chapter 171 of title 28. In
addition, Institute Fellows who are United States citizens shall be
considered Government employees for purposes of sections 202, 203, 205,
207, 208, and 209 of title 18.
(e) Admission into United States of alien participants in program
Alien participants in any program of the Institute, including
Institute Fellows and their dependents, may be admitted to the United
States, if otherwise qualified as non-immigrants under section 1101(a)(
15) of title 8, for such time and under such conditions as may be
prescribed by regulations promulgated by the Secretary of State and the
Attorney General.
(Pub. L. 96-53, title IV, 408, Aug. 14, 1979, 93 Stat. 375.)
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
22 USC 3509. Conflict of interest; personnel and activities covered
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Members of the Council and Institute Fellows shall avoid any action,
in their activities with respect to the Institute, which might result
in, or create the appearance of, a conflict of interest, including but
not limited to --
(1) using their office or position for private gain;
(2) giving preferential treatment to any person;
(3) making recommendations or decisions relating to any activity
authorized by this chapter in other than an impartial and independent
manner;
(4) misusing Government property or official information obtained
through their office or position which has not been made available to
the general public; or
(5) affecting adversely the confidence of the public in the integrity
of the Institute.
(Pub. L. 96-53, title IV, 409, Aug. 14, 1979, 93 Stat. 376.)
22 USC 3510. Authorization of appropriations
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
There are authorized to be appropriated to the President to carry out
this chapter, in addition to funds otherwise available for such purpose,
$12,000,000 for the fiscal year 1981. Funds appropriated under this
section are authorized to remain available until expended.
(Pub. L. 96-53, title IV, 410, Aug. 14, 1979, 93 Stat. 376, amended
Pub. L. 96-533, title III, 312, Dec. 16, 1980, 94 Stat. 3148.)
1980 -- Pub. L. 96-533 substituted appropriations authorization of
$12,000,000 for fiscal year 1981 for such authorization of $23,750,000
for fiscal year 1980.
Funds available to the President for carrying out this chapter were
allocated to the Director of the United States International Development
Cooperation Agency by section 1-801(a)(2) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56678, eff. Oct. 1, 1979, set out as a note under
Section 2381 of this title.
22 USC 3511. Repealed. Pub. L. 98-164, title X, 1011(a)(6), Nov. 22,
1983, 97 Stat. 1061
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Section, Pub. L. 96-53, title IV, 411, Aug. 14, 1979, 93 Stat.
376, required the President to submit an annual report to Congress
relating to the operations of the Institute during the preceding fiscal
year, and set forth the contents of such report.
22 USC 3512. Establishment within International Development Cooperation
Agency
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Upon the establishment of the United States International Development
Cooperation Agency pursuant to Reorganization Plan Numbered 2 of 1979,
the Institute shall be established within such Agency.
(Pub. L. 96-53, title IV, 413, Aug. 14, 1979, 93 Stat. 377.)
Reorganization Plan Numbered 2 of 1979, referred to in text, is
Reorg. Plan No. 2 of 1979, 44 F.R. 41165, 93 Stat. 1378, effective
Oct. 1, 1979, pursuant to Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.
R. 56673, set out as notes under section 2381 of this title.
22 USC 3513. Expiration of statutory authorities
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
The authorities contained in this chapter shall expire on September
30, 1984.
(Pub. L. 96-53, title IV, 414, Aug. 14, 1979, 93 Stat. 377.)
22 USC
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
22 USC CHAPTER 51 -- PANAMA CANAL
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
Sec.
3601. Congressional statement of purpose.
3602. Definitions and recommendation for legislation.
(a) References to Panama Canal Treaty of 1977 and related agreements.
(b) Definitions.
(c) Applicability of subsection (b).
(d) Recommendation for legislation.
3611. Panama Canal Commission; establishment.
3612. Supervisory Board.
(a) Composition of Board.
(b) Membership of Board; appointing authority; compensation and
travel expenses; compensation for non-Government Board members.
(c) Meetings; quorum; proxies.
3613. Administrator.
3614. Deputy Administrator and Chief Engineer.
(a) Appointment and prescription of duties by President.
(b) Compensation.
3615. Consultative Committee.
(a) Designation and coordination.
(b) Functions.
3616. Joint Commission on the Environment.
(a) Establishment; composition.
(b) Appointment; compensation and travel expenses.
(c) Protection of pay, senority, or other rights or benefits of
appointed or detailed Federal employees.
(d) Compensation of necessary personnel.
(e) Rules of procedure; establishment; approval.
3617. Travel expenses.
3618. Defense of Panama Canal.
3619. Joint sea level canal study.
(a) Committee; appointment of representatives.
(b) Transmittal of study to President of Senate and Speaker of House
of Representatives.
(c) Congressional authorization respecting construction of sea level
canal.
3620. Authority of Ambassador; independence of Commission regarding
its Panama Canal responsibilities.
3621. Security legislation.
3622. Code of conduct for Commission personnel.
(a) Oath; compliance with laws of United States regarding duties and
responsibilities of Federal employees.
(b) Adoption of code of conduct; time limit; contents.
(c) Investigations by Commission respecting violations;
recommendations for suspension.
(d) Measures to insure compliance with code of conduct.
3623. Office of Ombudsman.
(a) Establishment; appointment of Ombudsman; functions.
(b) Authority to make findings, render assistance, and offer
recommendations.
(c) Effect on procedures for grievances, appeals, or administrative
matters under this chapter, in other provisions of law, or in Federal
regulations.
(d) Citizenship requirement.
(e) Termination date.
3641. Definitions.
3642. Appointment of personnel.
(a) Compensation and duties of officers, agents, employees, etc.
(b) Eligibility to serve as officer or employee of Commission.
3643. Transfer of Federal employees.
(a) Authority to enter into agreements; reemployment rights.
(b) ''Agency'' defined.
(c) Regulations.
3644. Compensation of individuals in uniformed services.
(a) Individual serving in a position in Commission.
(b) Individual appointed as Administrator, Deputy Administrator, or
Chief Engineer.
(c) Reimbursement to uniformed service.
3645. Deduction from basic pay of amounts due for supplies or
services.
3646. Cost of living allowance.
3647. Educational travel benefits.
3648. Privileges and immunities of certain employees.
3649. Inapplicability of certain benefits to certain noncitizens.
3650. Travel and transportation expenses.
3651. Definitions.
3652. Panama Canal Employment System.
(a) Establishment; merit and other employment requirements.
(b) Applicability to Commission, any Executive agency, and
Smithsonian Institution.
(c) Amendment or modification by President.
(d) Exclusion or inclusion respecting coverage of certain employees.
3653. Employment standards.
3654. Interim application of Canal Zone Merit System.
3655. Basic pay.
(a) Establishment and revision of rates.
(b) Relationship of same or similar work performed in United States
or certain other areas outside United States.
(c) Adjustments in rates; limits.
3656. Uniform application of standards and rates.
3657. Recruitment and retention remuneration.
(a) Determination by head of agency.
(b) Restriction.
(c) Limit on compensation.
(d) Applicability of subchapter III of chapter 59 of title 5.
3657a. Quarters allowances.
(a) ''Position'' and ''employee'' defined.
(b) Covered employees.
(c) Determination of amount.
(d) Inapplicability of election under section 3652(b) of this title.
3658. Benefits based on basic pay.
3659. Salary protection upon conversion of pay base.
3660. Review and adjustment of classifications, grades, and pay
level.
3661. Panama Canal Board of Appeals; duties.
3662. Appeals to Board; procedures.
(a) Persons entitled to appeal; form; time.
(b) Personal appearance.
(c) Consideration of evidence; decision.
(d) Finality of decision.
3663. Administration by President.
(a) Prescription of regulations.
(b) Establishment of office; duties.
(c) Delegation by President.
3664. Applicability of certain laws.
3665. Minimum level of pay; minimum annual increase.
3671. Transferred or reemployed employees.
(a) Terms and conditions of employment.
(b) Break in service.
(c) Applicability of sections 903(c) and 904(a)(2) of title 20;
sabbaticals.
3672. Placement.
(a) Citizens separated from employment with Panama Canal Company or
Canal Zone Government.
(b) Citizens eliminated from employment with Executive agency or
Canal Zone Government as a result of implementation of Panama Canal
Treaty of 1977.
(c) Establishment and administration of program by Office of
Personnel Management.
3681. Retirement under special treaty provisions.
(a) Purchase of retirement equity; individuals entitled to
participate.
(b) Limitation on amount paid to Social Security System of Republic
of Panama.
(c) Purchase of nontransferable deferred annuity; employees entitled
to participate.
3682. Cash relief to certain former employees.
(a) Continuation of cash relief payments to employees under Act of
July 8, 1937.
(b) Additional amounts for relief under subsection (a).
(c) Increases in cash relief payments.
(d) Cash relief payments to widows.
(e) Applicability of subchapter III of chapter 83 of title 5.
3683. Appliances for employees injured before September 7, 1916.
3691. Individuals considered employees.
(a) Individuals considered employees for purposes of certain
sections.
(b) Individuals considered employees for certain purposes.
3701. Labor-management relations.
3711. Canal Zone Government funds.
3712. Panama Canal Revolving Fund.
(a) Termination of Panama Canal Commission Fund; unexpended balances
covered into Panama Canal Revolving Fund.
(b) Interest and nonreimbursed appropriations deposited into
Treasury.
(c) Tolls and other receipts into Panama Canal Revolving Fund;
restriction on use of funds.
(d) Authority of Commission to make deposits.
(e) Review of annual budget.
(e) Costs of implementation.
3712a. Authority to lease office space.
3713. Panama Canal emergency authority.
(a) Establishment and maintenance; authorization of appropriations.
(b) Withdrawals from Fund.
3714. Borrowing authority.
(a) Limitation on amount; issuance of notes and other obligations.
(b) Restrictions on use.
(c) Effect on investment interest in Panama Canal.
(d) Report to Congress.
3715. Establishment of Compensation Fund.
3715a. Operation of Fund.
(a) Deposits to Fund.
(b) Calculation of amounts to be deposited.
(c) Investment of amounts in Fund.
3715b. Transfers from Fund for compensation benefits.
3715c. Final evaluation of Fund; deficiency or surplus in Fund.
(a) Final evaluation of Fund.
(b) Deficiency or surplus in Fund.
(c) Continuity of Fund.
3715d. Continuation of benefits.
3721. Accounting policies.
(a) Establishment and maintenance of accounts; specifications.
(b) Regulations establishing the basis of accounting for assets.
3722. Annual report to President and Congress.
3723. Audit by Comptroller General of the United States.
(a) Financial transactions of Commission; access to books, accounts,
etc.
(b) Annual report to Congress; contents.
(c) Consideration of conversion problems respecting accounting system
of Panama Canal Company.
3731. Reimbursements.
(a) Reimbursement of the Employees' Compensation Fund, Bureau of
Employees' Compensation, Department of Labor, and other Government
departments and agencies by Commission.
(b) Reimbursement of Commission by Department of Defense.
(c) Designation of funds of Department of Defense or any other
department or agency of United States to carry out purposes of this
subsection.
(d) Reimbursement to departments or agencies furnishing services.
(e) Availability of funds to defray certain costs.
(f) Reimbursement of United States by Republic of Panama for salaries
and other employment costs.
(g) Operation of Canal Zone College.
(h) Prohibition of funds for uses other than Commission activities.
3741. Postal service.
(a) Discontinuation of postal service.
(b) Savings provision.
(c) Possession or administration of funds by Commission.
(d) Mail addressed to Canal Zone from or through United States.
3751. Payments to Republic of Panama.
(a) Payments required under Panama Canal Treaty; annual audit.
(b) Excess operating revenues.
(c) Retroactive taxation.
(d) Accumulated unpaid balances.
(e) Toll rates; payment of costs of operation and maintenance of
canal with unexpended funds.
(f) Prohibitions.
(g) Exemption from automatic budget cuts.
3752. Transactions with Republic of Panama.
3753. Disaster relief.
3754. Congressional restraints on property transfers and tax
expenditures; formal apprisal of Panama.
3761. Settlement of claims generally.
(a) Claims for injury to, or loss of, property or personal injury or
death arising from operation of Panama Canal.
(b) Limitation on amount of claims.
(c) Source of award; release.
(d) Action for damages on claims cognizable under this part; action
against officers or employees of United States for injuries resulting
from acts outside scope of their employment.
(e) Applicability of provisions of section 1346 and chapter 171 of
title 28.
3771. Injuries in locks of canal; adjustment and payment of claims.
3772. Injuries outside locks.
3773. Measure of damages generally.
3774. Delays for which no responsibility is assumed.
3775. Settlement of claims.
3776. Actions on claims.
3777. Investigation of accident or injury giving rise to claim.
3778. Board of local inspectors.
3779. Insurance.
3781. Assets and liabilities of Panama Canal Company.
3782. Transfers and cross-servicing between agencies.
(a) Transfers of facilities, buildings, structures, improvements,
stocks and equipment located in the Republic of Panama.
(b) Cross-servicing agreements.
(c) Transfer of records to Government of Republic of Panama.
(d) Applicability to Smithsonian Institution.
3783. Disposition of property of United States.
3784. Transfer of property to Republic of Panama.
(a) Conveyance of Panama Railroad.
(b) Transfer of certain property pursuant to Panama Canal Treaty of
1977; report to Congress.
(c) Restriction on transfer of Panama Canal and certain other
property.
3791. Prescription of measurement rules and rates of tolls.
3792. Bases of tolls.
(a) Tolls based on net vessel tons and on displacement tonnage.
(b) Toll rates prescribed to cover all costs of operation and
maintenance of Panama Canal.
(c) Payment of tolls by vessels of United States.
(d) Levy of tolls.
3793. Interest on investments.
(a) Calculation of interest.
(b) Increases and decreases in investment of United States.
(c) Value of property transferred to Commission.
(d) Payment and deposit of interest.
3794. Procedures.
(a) Publication of notice of proposed changes in rules of measurement
and rates of tolls in Federal Register; participation by interested
parties; availability of analysis.
(b) Revision of proposed rules of measurement or rates of tolls.
(c) Publication of notice of changes in rules of measurement and
rates of tolls in Federal Register.
(d) Transmission of complete record of proceedings to President.
(e) Effective date of prescribed rules of measurement and rates of
tolls.
(f) Judicial review.
3795. Interim toll adjustment.
3801. Authority of President.
3802. Authority of Commission.
3811. Operating regulations.
3821. Vessels subject to inspection.
3822. Foreign vessels.
3823. Regulations governing inspection.
3831. Laws, regulations, and administrative authority.
3841. Jurisdiction.
(a) Continuance during transition period.
(b) Construction of terms.
3842. Division and terms of United States District Court for the
District of the Canal Zone.
3843. Terms of certain offices.
3844. Magistrates' courts.
(a) Operation during transition period.
(b) Termination of one court; exercise of jurisdiction and retention
of records by other court.
3851. Transition authority of President.
3852. Commitment of prisoners to custody of Attorney General or
Commission.
3861. Disinterment, transportation, and reinterment of remains.
3871. Annual report.
3872. Notification requirements.
22 USC 3601. Congressional statement of purpose
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
It is the purpose of this chapter to provide legislation necessary or
desirable for the implementation of the Panama Canal Treaty of 1977
between the United States of America and the Republic of Panama and of
the related agreements accompanying that Treaty.
(Pub. L. 96-70, 2, Sept. 27, 1979, 93 Stat. 455.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 96-70, Sept. 27, 1979, 93 Stat. 452, known as the
Panama Canal Act of 1979, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short
Title note below and Tables.
Section 3304 of Pub. L. 96-70 provided that: ''Except as provided
in sections 1231 (enacting section 3671 of this title and amending
sections 5595, 5724a, and 8102 of Title 5, Government Organization and
Employees), 1232 (enacting section 3672 of this title and provisions set
out as a note under section 3672 of this title), 1241 (amending section
8336 of Title 5 and enacting provisions set out as notes under section
8336 of Title 5), 1242 (amending section 8339 of Title 5 and enacting
provisions set out as notes under section 8339 of Title 5), 1261
(enacting section 3691 of this title and provisions set out as a note
under section 3691 of this title), 1605 (enacting section 3795 of this
title and provisions set out as a note under section 3795 of this
title), 2203 (enacting section 3843 of this title and provisions set out
as a note under section 3843 of this title), 2402 (enacting section 3852
of this title and provisions set out as a note under section 3852 of
this title), 3101 (enacting section 3861 of this title), and 3201
(amending sections 1101 and 1182 of Title 8, Aliens and Nationality, and
enacting provisions set out as notes under sections 1101 and 1182 of
Title 8) of this Act, the preceding provisions of this Act (see Short
Title note below) shall take effect on the date on which the Panama
Canal Treaty of 1977 enters into force (Oct. 1, 1979).''
Pub. L. 100-705, 1, Nov. 19, 1988, 102 Stat. 4685, provided that:
''This Act (enacting sections 3715 to 3715d of this title, amending
sections 3612, 3712, and 3731 of this title, and enacting provisions set
out as a note under section 3612 of this title) may be cited as the
'Panama Canal Commission Compensation Fund Act of 1988'.''
Pub. L. 100-203, title V, 5421, Dec. 22, 1987, 101 Stat. 1330-271,
provided that: ''This part (part 2 of subtitle E ( 5421-5429) of title
V of Pub. L. 100-203, enacting section 3714 of this title, amending
sections 3683, 3711, 3712, 3713, 3751, 3753, 3754, 3792, and 3793 of
this title and section 8348 of Title 5, Government Organization and
Employees, and enacting provisions set out as a note under section 3683
of this title) may be referred to as the 'Panama Canal Revolving Fund
Act'.''
Pub. L. 99-209, 1, Dec. 23, 1985, 99 Stat. 1716, provided that:
''This Act (enacting section 3779 of this title, amending sections 3771,
3772, and 3774 to 3776 of this title, and enacting provisions set out as
a note under section 3771 of this title) may be cited as the 'Panama
Canal Amendments Act of 1985'.''
Section 1 of Pub. L. 96-70 provided that: ''This Act (enacting this
chapter, amending section 2778 of this title, sections 305, 5102, 5316,
5342, 5343, 5348, 5373, 5504, 5533, 5541, 5583, 5595, 5724a, 6301, 6322,
6323, 8102, 8146, 8335, 8336, 8339, 8348, 8701, and 8901 of Title 5,
Government Organization and Employees, sections 1101 and 1182 of Title
8, Aliens and Nationality, section 213 of Title 29, Labor, sections 403,
3401, and 3682 of Title 39, Postal Service, and sections 191, 195, and
196 of Title 50, War and National Defense, repealing section 3402 of
Title 39 and section 191b of Title 50, and enacting provisions set out
as notes under sections 3601, 3602, 3672, 3691, 3795, 3843, and 3852 of
this title, sections 8336 and 8339 of Title 5, and sections 1101 and
1182 of Title 8) may be cited as the 'Panama Canal Act of 1979'.''
Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043, as amended by Ex.
Ord. No. 12652, Sept. 19, 1988, 53 F.R. 36775, provided:
By the authority vested in me as President of the United States of
America by the Panama Canal Code (76A Stat. 1), as amended, by the
Panama Canal Act of 1979 (93 Stat. 452; 22 U.S.C. 3601 et seq.), and by
Section 301 of Title 3 of the United States Code, it is hereby ordered
as follows:
1-101. The Secretary of Defense shall develop for the President's
consideration an appropriate legislative proposal as required by Section
3(d) of the Panama Canal Act of 1979 (93 Stat. 456; 22 U.S.C.
3602(d)). The Secretary of Defense shall coordinate development of this
proposal with the Secretary of State and the heads of other interested
Executive agencies.
1-102. The function vested in the President by Section 1212(d)(1) of
the Panama Canal Act of 1979 (93 Stat. 464; 22 U.S.C. 3652(d)(1)) to
exclude employees of, or positions within, the Department of Defense
from coverage under any provision of subchapter II, Chapter 2 of Title I
of the Panama Canal Act of 1979 (22 U.S.C. 3651 et seq.), is delegated
to the Secretary of Defense.
1-103. The function vested in the President by Section 1281(b) of
Title 6 of the Panama Canal Code (76A Stat. 455; 6 P.C.C. 1281(b)), as
amended, with respect to areas and installations made available to the
United States pursuant to the Agreement in Implementation of Article IV
of the Panama Canal Treaty of 1977 is delegated to the Secretary of
Defense.
1-104. The function vested in the President by Section 1701 of the
Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801), with respect
to regulations applicable within the areas and installations made
available to the United States pursuant to the Agreement in
Implementation of Article IV of the Panama Canal Treaty of 1977, is
delegated to the Secretary of Defense.
1-105. The functions vested in the President by Sections 1243(c)(1)
and 2401 of the Panama Canal Act of 1979 (93 Stat. 474 and 495; 22 U.
S.C. 3681(c)(1) and 3851) are delegated to the Secretary of Defense.
1-106. The functions vested in the President by Section 1502(a) of
the Panama Canal Act of 1979 (93 Stat. 488; 22 U.S.C. 3782(a)) are
delegated to the Secretary of Defense.
1-201. In order to coordinate the policies and activities of agencies
under subchapter II of Chapter 2 of Title I of the Panama Canal Act of
1979 (93 Stat. 463; 22 U.S.C. 3651 et seq.), each agency shall
periodically consult with the Secretary of Defense with respect to the
establishment of rates of pay, in order to develop compatible or unified
systems for basic pay. In addition, each agency shall consult with the
Secretary of Defense on such other matters as the Secretary may deem
appropriate in order to develop compatible or unified employment
practices.
1-202. The head of each agency shall, upon approval by the Secretary
of Defense, adopt a schedule of basic pay pursuant to Section 1215 of
the Panama Canal Act of 1979 (93 Stat. 465; 22 U.S.C. 3655) and adopt
regulations governing other matters relating to pay and employment
practices.
1-203. The authority vested in the President by Section 1223(a) of
the Panama Canal Act of 1979 to coordinate the policies and activities
of agencies (93 Stat. 467; 22 U.S.C. 3663(a)) is delegated to the
Secretary of Defense. The Secretary shall exercise such functions in a
manner which is in accord with the provisions of Sections 1-201 and
1-202 of this Order.
1-301. The functions vested in the President and delegated to the
Secretary of Defense in this Section 1-3 of this Order shall be carried
out by the Secretary of Defense, who shall, in carrying out the said
functions, provide, by redelegation or otherwise, for their performance,
in a manner consistent with paragraph 3 of Article III of the Panama
Canal Treaty of 1977, by the Panama Canal Commission.
1-302. The authority of the President under Section 1104 of the
Panama Canal Act of 1979 (93 Stat. 457; 22 U.S.C. 3614) to fix the
compensation of and to define the authorities and duties of the Deputy
Administrator and the Chief Engineer is delegated to the Secretary of
Defense.
1-303. The functions vested in the President by Sections 1418, 1801,
and 2206 of the Panama Canal Act of 1979 (93 Stat. 487, 492, and 494;
22 U.S.C. 3778, 3811, and 3844) are delegated to the Secretary of
Defense.
1-304. The authority of the President under Section 1701 of the
Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801) with respect to
regulations applicable within the areas and installations made available
to the United States pursuant to the Agreement in Implementation of
Article III of the Panama Canal Treaty of 1977 is delegated to the
Secretary of Defense.
1-305. The function vested in the President by Section 1281(b) of
Title 6 of the Panama Canal Code (76A Stat. 455; 6 P.C.C. 1281(b)), as
amended, with respect to areas and installations in the Republic of
Panama made available to the United States pursuant to the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977 is
delegated to the Secretary of Defense.
1-306. The functions vested in the President by Sections 82 and 86 of
Title 3 of the Panama Canal Code (76A Stat. 54 and 55; 3 P.C.C. 82 and
86), as amended, are delegated to the Secretary of Defense.
(1-307. Rescinded by Ex. Ord. No. 12652, Sept. 19, 1988, 53 F.R.
36775, eff. Jan. 1, 1989.)
1-308. Except to the extent heretofore delegated, the functions
vested in the President pursuant to subchapter II of Chapter 2 of Title
I of the Panama Canal Act of 1979 (93 Stat. 463) (22 U.S.C. 3651 et
seq.) are hereby delegated to the Secretary of Defense.
1-401. The functions vested in the President by Sections 1111 and
3301 of the Panama Canal Act of 1979 (93 Stat. 459 and 497; 22 U.S.C.
3621 and 3871), are delegated to the Secretary of State. The Secretary
shall perform these functions in coordination with the Secretary of
Defense.
1-402. The functions vested in the President by Sections 1112(d),
1344(b), and 1504(b) of the Panama Canal Act of 1979 (93 Stat. 460, 484,
and 488; 22 U.S.C. 3622(d), 3754(b), and 3784(b)) are delegated to the
Secretary of State.
1-403. The functions vested in the President by Section 1243(a)(1) of
the Panama Canal Act of 1979 (93 Stat. 473; 22 U.S.C. 3681(a)(1)) are
delegated to the Director of the Office of Personnel Management.
1-404. Paragraphs (22) and (23) of Section 1 of Executive Order No.
11609, as amended (set out as a note under section 301 of Title 3, The
President), and Executive Order No. 11713 are revoked.
Jimmy Carter.
22 USC 3602. Definitions and recommendation for legislation
TITLE 22 -- FOREIGN RELATIONS AND INTERCOURSE
(a) References to Panama Canal Treaty of 1977 and related agreements
For purposes of this chapter --
(1) references to the Panama Canal Treaty of 1977 refer to the Panama
Canal Treaty between the United States of America and the Republic of
Panama, signed September 7, 1977; and
(2) references to the Panama Canal Treaty of 1977 and related
agreements refer to the Panama Canal Treaty of 1977, the agreements
relating to and implementing that Treaty, signed September 7, 1977, and
the Agreement Between the United States of America and the Republic of
Panama Concerning Air Traffic Control and Related Services, concluded
January 8, 1979.
(b) Definitions
Subject to the provisions of subsection (c) of this section, for
purposes of applying the Canal Zone Code or other laws of the United
States and regulations issued pursuant to such Code or other laws with
respect to transactions, occurrences, or status on or after October 1,
1979 --
(1) ''Canal Zone'' shall be deemed to refer to the areas and
installations in the Republic of Panama made available to the United
States pursuant to the Panama Canal Treaty of 1977 and related
agreements;
(2) ''Canal Zone waters'' and ''waters of the Canal Zone'' shall be
deemed to refer to ''Panama Canal waters'' and ''waters of the Panama
Canal'', respectively;
(3) ''Government of the Canal Zone'' or ''Canal Zone Government''
shall be deemed to refer to the United States of America;
(4) ''Governor of the Canal Zone'' or ''Governor'', wherever the
reference is to the Governor of the Canal Zone, shall be deemed to refer
to the Panama Canal Commission;
(5) ''Panama Canal Company'' or ''Company'', wherever the reference
is to the Panama Canal Company, shall be deemed to refer to the Panama
Canal Commission;
(6) in chapter 57 of title 5 of the Canal Zone Code, ''hospitals''
and ''Health Bureau'' shall be deemed to refer, respectively, to the
hospitals operated by the United States in the Republic of Panama, and
to the organizational unit operating such hospitals; and
(7) in chapter 57 of title 5 of the Canal Zone Code, in section 4784
of title 6 of such Code, and in section 2 of title 7 of such Code,
''health director'' shall be deemed to refer to the senior official in
charge of the hospitals operated by the United States in the Republic of
Panama.
(c) Applicability of subsection (b)
Any reference set forth in subsection (b) of this section shall apply
except as otherwise provided in this chapter or unless (1) such
reference is inconsistent with the provisions of this chapter, (2) in
the context in which a term is used such reference is clearly not
intended, or (3) a term refers to a time before October 1, 1979.
(d) Recommendation for legislation
The President shall, within two years after October 1, 1979, submit
to the Congress a request for legislation which would --
(1) amend or repeal provisions of law which in their present form are
applicable only during the transition period prescribed in Article XI of
that Treaty,
(2) repeal the Canal Zone Code, and
(3) contain provisions considered necessary and appropriate in light
of the experience as of that time under that Treaty.
(Pub. L. 96-70, 3, Sept. 27, 1979, 93 Stat. 455.)
This chapter, referred to in subsecs. (a) and (c), was in the
original ''this Act'', meaning Pub. L. 96-70, Sept. 27, 1979, 93 Stat.
452, known as the Panama Canal Act of 1979, which is classified
principally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 3601 of this title
and Tables.
Section 3303(b) of Pub. L. 96-70 provided that: ''Those provisions
of the Canal Zone Code not repealed by this Act are redesignated as the
'Panama Canal Code'. Any reference to the Canal Zone Code in those laws
and regulations referred to in section 3(b) of this Act (subsec. (b) of
this section) shall, subject to the provisions of such section, be
deemed to refer to the Panama Canal Code.''
For provisions relating to the development of an appropriate
legislative proposal by the Secretary of Defense as required by subsec.
(d) of this section, see section 1-101 of Ex. Ord. No. 12215, May 27,
1980, 45 F.R. 36043, set out as a note under section 3601 of this title.