22 U.S.C. § 5506 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 64: UNITED STATES RESPONSE TO TERRORISM AFFECTING AMERICANS ABROAD / Section 5506: Department of State responsibilities and procedures at international disaster site
Department of State responsibilities and procedures at international disaster site
Status: in_force

(a) Dispatch of senior State Department official to site

Not later than 60 days after November 16, 1990, the Secretary of State shall issue such rules and guidelines as are necessary to provide that in the event of an international disaster, particularly an aviation tragedy, directly involving significant numbers of United States citizens abroad not less than one senior officer from the Bureau of Consular Affairs of the Department of State shall be dispatched to the site of such disaster.

(b) Criteria for Department of State staffing at disaster site

Not later than 60 days after November 16, 1990, the Secretary of State shall promulgate criteria for Department of State staffing of disaster sites abroad. Such criteria shall define responsibility for staffing decisions and shall consider the deployment of crisis teams under subsection (d). The Secretary of State shall promptly issue such rules and guidelines as are necessary to implement criteria developed pursuant to this subsection.

(c) State Department ombudsman

Not later than 60 days after November 16, 1990, the Secretary of State shall issue such rules and guidelines as are necessary to provide that in the event of an international aviation disaster involving significant numbers of United States citizens abroad not less than one officer or employee of the Department of State shall be dispatched to the disaster site to provide on-site assistance to families who may visit the site and to act as an ombudsman in matters involving the foreign local government authorities and social service agencies.

(d) Crisis teams

Not later than 60 days after November 16, 1990, the Secretary of State shall promulgate procedures for the deployment of a "crisis team", which may include public affairs, forensic, and bereavement experts, to the site of any international disaster involving United States citizens abroad to augment in-country Embassy and consulate staff. The Secretary of State shall promptly issue such rules and guidelines as are necessary to implement procedures developed pursuant to this subsection.

(Pub. L. 101–604, title II, §207, Nov. 16, 1990, 104 Stat. 3084.)

Statutory Notes and Related Subsidiaries

Authority of Secretary of State

Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title.
22 U.S.C. § 4025 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 52: FOREIGN SERVICE / Subchapter VII: CAREER DEVELOPMENT, TRAINING, AND ORIENTATION / Section 4025: Training grants
Training grants
Status: in_force

(a) Family members attending approved programs of study; limitations

To facilitate training provided to members of families of Government employees under this subchapter, the Secretary may make grants (by advance payment or by reimbursement) to family members attending approved programs of study. No such grant may exceed the amount actually expended for necessary costs incurred in conjunction with such attendance.

(b) Compensation for individuals unable to participate in language training furnished by Government

If a member of the Service who is assigned abroad, or a member of his or her family, is unable to participate in language training furnished by the Government through the institution or otherwise, the Secretary may compensate that individual for all or part of the costs of language training, related to the assignment abroad, which is undertaken at a public or private institution.

(Pub. L. 96–465, title I, §705, Oct. 17, 1980, 94 Stat. 2101; Pub. L. 103–236, title I, §126(3), Apr. 30, 1994, 108 Stat. 394.)

Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–236 substituted "institution" for "Institute" after "through the".
22 U.S.C. § 4801 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 58: DIPLOMATIC SECURITY / Subchapter I: GENERALLY / Section 4801: Findings and purposes
Findings and purposes
Status: in_force

(a) Findings

The Congress finds and declares that—

(1) the United States has a crucial stake in the presence of United States Government personnel representing United States interests abroad;

(2) conditions confronting United States Government personnel and missions abroad are fraught with security concerns which will continue for the foreseeable future; and

(3) the resources now available to counter acts of terrorism and protect and secure United States Government personnel and missions abroad, as well as foreign officials and missions in the United States, are inadequate to meet the mounting threat to such personnel and facilities.

(b) Purposes

The purposes of this chapter are—

(1) to set forth the responsibility of the Secretary of State with respect to the security of diplomatic operations in the United States and abroad;

(2) to maximize coordination by the Department of State with Federal, State, and local agencies and agencies of foreign governments in order to enhance security programs;

(3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities under chief of mission authority;

(4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;

(5) to set forth the responsibility of the Secretary of State with respect to the safe and efficient evacuation of United States Government personnel, their dependents, and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster; and

(6) to provide authorization of appropriations for the Department of State to carry out its responsibilities in the area of security and counterterrorism, and in particular to finance the acquisition and improvements of United States Government missions abroad, including real property, buildings, facilities, and communications, information, and security systems.

(Pub. L. 99–399, title I, §102, Aug. 27, 1986, 100 Stat. 855; Pub. L. 101–246, title I, §115(a), Feb. 16, 1990, 104 Stat. 22; Pub. L. 103–236, title I, §162(g)(1), Apr. 30, 1994, 108 Stat. 406; Pub. L. 117–263, div. I, title XCIII, §9302(c)(1), Dec. 23, 2022, 136 Stat. 3883.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original "titles I through IV", meaning titles I through IV of Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 855, known as the Diplomatic Security Act, which are classified principally to this chapter. For complete classification of titles I through IV of Pub. L. 99–399 to the Code, see Short Title note set out below and Tables.

Amendments

2022—Subsec. (b)(3). Pub. L. 117–263, §9302(c)(1)(A), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "to promote strengthened security measures and to provide for the accountability of United States Government personnel with security-related responsibilities;".

Subsec. (b)(4) to (6). Pub. L. 117–263, §9302(c)(1)(B), (C), added par. (4) and redesignated pars. (4) and (5) as (5) and (6), respectively.

1994—Subsec. (b)(2) to (6). Pub. L. 103–236 struck out par. (2) and redesignated pars. (3) to (6) as (2) to (5), respectively. Prior to amendment, par. (2) read as follows: "to provide for an Assistant Secretary of State to head the Bureau of Diplomatic Security of the Department of State, and to set forth certain provisions relating to the Diplomatic Security Service of the Department of State;".

1990—Subsec. (b)(5), (6). Pub. L. 101–246 added par. (5) and redesignated former par. (5) as (6).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title.

Short Title of 2022 Amendment

Pub. L. 117–263, div. I, title XCIII, §9301(a), Dec. 23, 2022, 136 Stat. 3879, provided that: "This section [amending section 4865 of this title, enacting provisions set out as a note under section 4865 of this title, and amending provisions set out as notes under sections 1475g and 4865 of this title] may be cited as the 'Secure Embassy Construction and Counterterrorism Act of 2022'."

Pub. L. 117–263, div. I, title XCIII, §9302(a), Dec. 23, 2022, 136 Stat. 3882, provided that: "This section [amending this section and sections 4003, 4804, and 4831 to 4835 of this title and enacting provisions set out as a note under this section] may be cited as the 'Diplomatic Support and Security Act of 2022'."

Short Title of 1999 Amendment

Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VI, §601], Nov. 29, 1999, 113 Stat. 1536, 1501A–451, provided that: "This title [enacting section 4865 of this title, amending section 4831 of this title, and enacting provisions set out as notes under section 4865 of this title] may be cited as the 'Secure Embassy Construction and Counterterrorism Act of 1999'."

Short Title

Pub. L. 99–399, §1, Aug. 27, 1986, 100 Stat. 853, provided that: "This Act [enacting this chapter and sections 2656e, 2711, 2712, 2780, 3244, and 4901 to 4904 of this title, sections 5569 and 5570 of Title 5, Government Organization and Employees, sections 1051, 1095, and 2181 to 2185 of Title 10, Armed Forces, section 2331 of Title 18, Crimes and Criminal Procedure, section 1226 of Title 33, Navigation and Navigable Waters, sections 559 and 1013 of Title 37, Pay and Allowances of the Uniformed Services, sections 2160b, 2160c, and 2169 of Title 42, The Public Health and Welfare, and sections 1801 to 1809 of Title 46, Appendix, Shipping, amending sections 300, 2151a, 2349aa–2, 2349aa–4, 2349aa–7, 2502, 2652, 2708, 3929, and 3929a of this title, section 208 of Title 3, The President, sections 5315 and 6325 of Title 5, sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, sections 793, 794, and 3671 of Title 18, and section 4605 of Title 50, War and National Defense, enacting provisions set out as notes under sections 2708 and 4901 of this title, section 5569 of Title 5, sections 133, 1051, 1095, and 2181 of Title 10, section 559 of Title 37, section 2169 of Title 42, and section 1801 of Title 46, Appendix, and amending a provision set out as a note under section 2651 of this title] may be cited as the 'Omnibus Diplomatic Security and Antiterrorism Act of 1986'."

Pub. L. 99–399, title I, §101, Aug. 27, 1986, 100 Stat. 855, provided that: "Titles I through IV of this Act [enacting this chapter and amending sections 300, 2349aa–4, 2652, 3929, and 3929a of this title, section 208 of Title 3, The President, section 5315 of Title 5, Government Organization and Employees, and sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5] may be cited as the 'Diplomatic Security Act'."

Findings

Pub. L. 117–263, div. I, title XCIII, §9302(b), Dec. 23, 2022, 136 Stat. 3882, provided that: "Congress makes the following findings:

"(1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict.

"(2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health.

"(3) The Department [of State] has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia.

"(4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China's malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease.

"(5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations.

"(6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able to ensure a robust overseas presence without inhibiting the ability of diplomats to—

"(A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities;

"(B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities;

"(C) provide United States citizen services; and

"(D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People's Republic of China, that do not have restrictions on meeting locations.

"(7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence."
22 U.S.C. § 2736c (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 38: DEPARTMENT OF STATE / Section 2736c: Professional development opportunities and tools
Professional development opportunities and tools
Status: in_force

(a) Expand provision of professional development and career advancement opportunities

(1) In general

The Secretary is authorized to expand professional development opportunities that support the mission needs of the Department, such as—

(A) academic programs;

(B) private-public exchanges; and

(C) detail assignments to relevant positions in—

(i) private or international organizations;

(ii) State, local, and Tribal governments;

(iii) other branches of the Federal Government; or

(iv) professional schools of international affairs.

(2) Training for senior positions

(A) In general

The Secretary shall offer, or sponsor members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for appointment to senior positions in the Department.

(B) Requirements

In determining which members of the workforce are granted professional development or career advancement opportunities under subparagraph (A), the Secretary shall—

(i) ensure any program offered or sponsored by the Department under such subparagraph comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements;

(ii) consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs;

(iii) understand how participation in any program offered or sponsored by the Department under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and

(iv) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.

(Pub. L. 117–81, div. E, title LIV, §5405, Dec. 27, 2021, 135 Stat. 2373.)

Statutory Notes and Related Subsidiaries

Definitions

For definitions of "Secretary" and "Department" as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
22 U.S.C. § 9307 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 100: GLOBAL FOOD SECURITY / Section 9307: Reports
Reports
Status: in_force

(a) Global Food Security Strategy implementation reports

For each of the fiscal years through 2028, the President shall submit to the appropriate congressional committees a report that describes the status of the implementation of the Global Food Security Strategy during the preceding year, which shall—

(1) contain a summary of the Global Food Security Strategy as an appendix;

(2) identify any substantial changes made in the Global Food Security Strategy during the preceding calendar year, including any changes to the target countries selected pursuant to the selection criteria described in section 9304(a)(2) of this title and justifications for any such changes;

(3) identify and describe the progress made in implementing the Global Food Security Strategy;

(4) identify and describe the priority quantitative metrics used to establish baselines and performance targets at the initiative, country, and zone of influence levels;

(5) identify such established baselines and performance targets at the country and zone of influence levels;

(6) identify the output and outcome benchmarks and indicators used to measure results annually, and report the annual measurement of results for each of the priority metrics identified pursuant to paragraph (4), disaggregated by age, gender, and disability, to the extent practicable and appropriate, in an open and transparent manner that is accessible to the people of the United States;

(7) describe related strategies and benchmarks for graduating target countries and communities from assistance provided under the Global Food Security Strategy over time, including by building resilience, reducing risk, and enhancing the sustainability of outcomes from United States investments in food and nutrition security;

(8) indicate how quantitative and qualitative findings from monitoring and evaluation were incorporated into program design and budget decisions at the initiative, country, and zone of influence levels, including longitudinal data and key uncertainties;

(9) contain a transparent, open, and detailed accounting of spending by relevant Federal departments and agencies to implement the Global Food Security Strategy, including, for each Federal department and agency, the statutory source of spending, amounts spent within target countries, amounts and justification for any spending outside of target countries, implementing partners and targeted beneficiaries, and activities supported to the extent practicable and appropriate;

(10) describe how the Global Food Security Strategy leverages other United States food security and development assistance programs on the continuum from emergency food aid through sustainable, agriculture-led economic growth and eventual self-sufficiency;

(11) describe the contributions of the Global Food Security Strategy to, and assess the impact of, broader international food and nutrition security assistance programs, including progress in the promotion of land tenure rights, creating economic opportunities for women and small-scale producers, and stimulating agriculture-led economic growth in target countries and communities;

(12) assess efforts to coordinate United States international food security and nutrition programs, activities, and initiatives with key stakeholders;

(13) assess United States Government-facilitated private investment in related sectors and efforts to encourage financial donor burden sharing and the impact of such investment and efforts in target countries and communities;

(14) describe how agriculture research is prioritized within the Global Food Security Strategy to support agriculture-led growth and eventual self-sufficiency and assess efforts to coordinate research programs within the Global Food Security Strategy with key stakeholders;

(15) identify any United States legal or regulatory impediments that could obstruct the effective implementation of the programming referred to in paragraphs (8) and (9); 1

(16) contain a clear gender analysis of programming, to inform project-level activities, that includes established disaggregated gender indicators to better analyze outcomes for food productivity, income growth, control of assets, equity in access to inputs, jobs and markets, and nutrition;

(17) incorporate a plan for regularly reviewing and updating strategies, partnerships, and programs and sharing lessons learned, including key challenges or missteps, with a wide range of stakeholders in an open, transparent manner; and

(18) during the final year of each strategy required under section 9304 of this title, complete country graduation reports to determine whether a country should remain a target country based on quantitative and qualitative analysis.

(b) Global food security crosscut report

Not later than 120 days after the President submits the budget to Congress under section 1105(a) of title 31, the Director of the Office of Management and Budget shall submit to the appropriate congressional committees a report including—

(1) an interagency budget crosscut report that—

(A) displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the principal Federal agencies that carries out global food security activities in the upcoming fiscal year, separately reporting the amount of planned funding to be provided under existing laws pertaining to the global food security strategy to the extent available; and

(B) to the extent available, identifies all assistance and research expenditures at the account level in each of the five prior fiscal years by the Federal Government and United States multilateral commitments using Federal funds for global food security strategy activities;

(2) to the extent available, a detailed accounting of all assistance funding received and obligated by the principal Federal agencies identified in the report and United States multilateral commitments using Federal funds, for global food security activities during the current fiscal year; and

(3) a breakout of the proposed budget for the current and budget years by agency, categorizing expenditures by type of funding, including research, resiliency, and other food security activities to the extent that such information is available.

(c) Public availability of information

The information referred to in subsections (a) and (b) shall be made available on the public website of the United States Agency for International Development in an open, machine readable format, in a timely manner.

(Pub. L. 114–195, §8, July 20, 2016, 130 Stat. 682; Pub. L. 115–266, §3, Oct. 11, 2018, 132 Stat. 3755; Pub. L. 117–263, div. E, title LV, §5588(h), Dec. 23, 2022, 136 Stat. 3379.)

Editorial Notes

References in Text

Paragraphs (8) and (9), referred to in subsec. (a)(15), were redesignated as pars. (10) and (11), respectively, of subsec. (a) of this section by Pub. L. 117–263, div. E, title LV, §5588(h)(5), Dec. 23, 2022, 136 Stat. 3379.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §5588(h)(1), in introductory provisions, substituted "For each of the fiscal years through 2028," for "During each of the first 7 years after the date of the submission of the strategy required under section 9304(c) of this title,", "a report that describes" for "reports that describe", and "during the preceding year" for "at the end of the reporting period".

Subsec. (a)(2). Pub. L. 117–263, §5588(h)(2), inserted ", including any changes to the target countries selected pursuant to the selection criteria described in section 9304(a)(2) of this title and justifications for any such changes" before semicolon at end.

Subsec. (a)(3). Pub. L. 117–263, §5588(h)(3), inserted "identify and" before "describe".

Subsec. (a)(4) to (6). Pub. L. 117–263, §5588(h)(6), added pars. (4) to (6) and struck out former par. (4) which read as follows: "identify the indicators used to establish benchmarks and measure results over time, as well as the mechanisms for reporting such results in an open and transparent manner;". Former pars. (5) and (6) redesignated (7) and (8), respectively.

Subsec. (a)(7). Pub. L. 117–263, §5588(h)(5), (7), redesignated par. (5) as (7) and substituted "food" for "agriculture". Former par. (7) redesignated (9).

Subsec. (a)(8). Pub. L. 117–263, §5588(h)(5), (8), redesignated par. (6) as (8) and inserted "quantitative and qualitative" after "how" and "at the initiative, country, and zone of influence levels, including longitudinal data and key uncertainties" before semicolon at end. Former par. (8) redesignated (10).

Subsec. (a)(9). Pub. L. 117–263, §5588(h)(5), (9), redesignated par. (7) as (9) and inserted "within target countries, amounts and justification for any spending outside of target countries" after "amounts spent". Former par. (9) redesignated (11).

Subsec. (a)(10) to (12). Pub. L. 117–263, §5588(h)(5), redesignated pars. (8), (9), and (10) as (10), (11), and (12), respectively. Former pars. (10), (11), and (12) redesignated (12), (13), and (15), respectively.

Subsec. (a)(13). Pub. L. 117–263, §5588(h)(5), (10), redesignated par. (11) as (13) and substituted "and efforts to encourage financial donor burden sharing and the impact of such investment and efforts" for "and the impact of private sector investment".

Subsec. (a)(14). Pub. L. 117–263, §5588(h)(11), added par. (14). Former par. (14) redesignated (17).

Subsec. (a)(15). Pub. L. 117–263, §5588(h)(4), redesignated par. (12) as (15).

Subsec. (a)(16). Pub. L. 117–263, §5588(h)(4), (12), redesignated par. (13) as (16) and struck out "and" at end.

Subsec. (a)(17). Pub. L. 117–263, §5588(h)(4), (13), redesignated par. (14) as (17) and inserted ", including key challenges or missteps," after "lessons learned" and substituted "; and" for period at end.

Subsec. (a)(18). Pub. L. 117–263, §5588(h)(14), added par. (18).

2018—Subsec. (a). Pub. L. 115–266 substituted, in introductory provisions, "During each of the first 7 years" for "Not later than 1 year and 2 years" and "at the end of the reporting period" for "for 2017 and 2018".

Executive Documents

Delegation of Functions

Functions of President under subsec. (a) of this section delegated to the Administrator of the United States Agency for International Development by Memorandum of President of the United States, Sept. 30, 2016, 81 F.R. 76483, set out as a note under section 9304 of this title.

1 See References in Text note below.
22 U.S.C. § 290q (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 7: INTERNATIONAL BUREAUS, CONGRESSES, ETC. / Subchapter XXXII: ORGANIZATION OF AMERICAN STATES / Section 290q: Organization of American States revitalization and reform strategy
Organization of American States revitalization and reform strategy
Status: in_force

(a) Strategy

(1) In general

Not later than 180 days after October 2, 2013, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a multiyear strategy that—

(A) identifies a path toward the adoption of necessary reforms that prioritize and reinforce the OAS's core competencies described in section 4(8);

(B) outlines an approach to secure from the OAS effective adoption of—

(i) a results-based budgeting process in order to strategically prioritize, and where appropriate, reduce current and future mandates; and

(ii) transparent hiring, firing, and promotion practices;

(C) reflects the inputs and coordination from other Executive Branch agencies, as appropriate; and

(D) identifies a path toward the adoption of necessary reforms that would—

(i) lead to an assessed fee structure in which no member state would pay more than 50 percent of the OAS's assessed yearly fees; and

(ii) seek to minimize the negative financial impact on the OAS and its operations.

(2) Policy priorities and coordination

The Secretary of State shall—

(A) carry out diplomatic engagement to build support for reforms and budgetary burden sharing among OAS member states and observers; and

(B) promote donor coordination among OAS member states.

(b) Briefings

The Secretary of State shall offer to the committees referred to in subsection (a)(1) a quarterly briefing that—

(1) reviews assessed and voluntary contributions;

(2) analyzes the progress made by the OAS to adopt and effectively implement a results-based budgeting process in order to strategically prioritize, and where appropriate, reduce current and future mandates;

(3) analyzes the progress made by the OAS to adopt and effectively implement transparent and merit-based human resource standards and practices and transparent hiring, firing, and promotion standards and processes, including with respect to factors such as gender and national origin;

(4) analyzes the progress made by the OAS to adopt and effectively implement a practice of soliciting member quotas to be paid on a schedule that will improve the consistency of its operating budget; and

(5) analyzes the progress made by the OAS to review, streamline, and prioritize mandates to focus on core missions and make efficient and effective use of available funding.

(Pub. L. 113–41, §5, Oct. 2, 2013, 127 Stat. 550.)

Editorial Notes

References in Text

Section 4(8), referred to in subsec. (a)(1)(A), is section 4(8) of Pub. L. 113–41, Oct. 2, 2013, 127 Stat. 549, which is not classified to the Code.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 113–41, §1, Oct. 2, 2013, 127 Stat. 548, provided that: "This Act [enacting this section and provisions set out as notes under this section] may be cited as the 'Organization of American States Revitalization and Reform Act of 2013'."

Organization of American States Legislative Engagement

Pub. L. 116–343, Jan. 13, 2021, 134 Stat. 5136, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Organization of American States Legislative Engagement Act of 2020'.

"SEC. 2. FINDINGS.

"Congress makes the following findings:

"(1) The Charter of the Organization of American States establishes that 'representative democracy is an indispensable condition for the stability, peace and development of the region'.

"(2) Article 2 of the Inter-American Democratic Charter of the Organization of American States affirms that 'the effective exercise of representative democracy is the basis for the rule of law and of the constitutional regimes of the member states of the Organization of American States'.

"(3) Article 26 of the Inter-American Democratic Charter states that 'the OAS will continue to carry out programs and activities designed to promote democratic principles and practices and strengthen a democratic culture in the Hemisphere'.

"(4) In accordance with the OAS Charter and the Inter-American Democratic Charter, the OAS General Assembly, OAS Permanent Council, and OAS Secretariat have established a wide range of cooperative agreements with domestic and international organizations, including national legislative institutions.

"(5) In 2004, OAS General Assembly Resolution 2044 (XXXIV–O/04) appealed for the 'strengthening of legislatures, as well as inter-parliamentary cooperation on key items of the inter-American agenda, with a view, in particular, to generating initiatives to fight corruption, poverty, inequality, and social exclusion'.

"(6) In 2005, OAS General Assembly Resolution 2095 (XXXV–O/05) called on the OAS Secretariat to 'invite [. . .] the presidents or speakers of the national legislative institutions of the Americas, i.e., congresses, parliaments, or national assemblies, [. . .] to attend a special meeting of the Permanent Council [. . .] for the initiation of a dialogue on topics on the hemispheric agenda'.

"(7) In 2014 and 2015, the OAS Secretariat expanded its engagement with elected national legislators from OAS member states by convening two meetings of presidents of national legislatures, first in Lima, Peru and subsequently in Santiago, Chile.

"(8) However, no permanent procedures exist to facilitate the participation of elected national legislators from OAS member states in OAS activities.

"(9) The Organization for Security and Co-operation in Europe (OSCE) Parliamentary Assembly has proven successful at strengthening inter-parliamentary cooperation among its member states.

"SEC. 3. SENSE OF CONGRESS.

"It is that sense of Congress that—

"(1) elected national legislators play an essential role in the exercise of representative democracy in the Americas, including by—

"(A) promoting economic freedom and respect for property rights;

"(B) promoting the rule of law and combating corruption;

"(C) defending human rights and fundamental freedoms; and

"(D) advancing the principles and practices expressed in the Charter of the Organization of American States, the American Declaration on [probably should be "of"] the Rights and Duties of Man, and the Inter-American Democratic Charter;

"(2) establishing procedures and mechanisms to facilitate the participation of elected national legislators from OAS member states in OAS activities could contribute to the promotion of democratic principles and practices and strengthen a democratic culture in the Western Hemisphere;

"(3) increasing and strengthening the participation of elected national legislators from OAS member states in OAS activities could advance the principles and proposals expressed in section 4 of the Organization of American States Revitalization and Reform Act of 2013 (Public Law 113–41; 127 Stat. 549);

"(4) the OAS General Assembly, OAS Permanent Council, and OAS Secretariat should take steps to facilitate greater participation of elected national legislators from OAS member states in OAS activities;

"(5) the OAS Permanent Council resolutions titled 'Guidelines for the Participation of Civil Society [Organizations] in OAS Activities' and 'Strategies for Increasing and Strengthening Participation by Civil Society Organizations in OAS Activities' should serve as important references for efforts to bolster the participation of elected national legislators from OAS member states in OAS activities; and

"(6) the successful experience of the Organization for Security and Co-operation in Europe Parliamentary Assembly should serve as a model to the OAS in creating a similar mechanism.

"SEC. 4. STRENGTHENING PARTICIPATION OF ELECTED NATIONAL LEGISLATORS AT THE OAS.

"(a) In General.—The Secretary of State, acting through the United States Mission to the Organization of American States, should use the voice and vote of the United States to support the creation of procedures for the Organization of American States that—

"(1) enhance the participation of democratically elected national legislators from OAS member state countries in OAS activities that advance the principles of the Inter-American Democratic Charter and the core values of the OAS consistent with the principles and proposals expressed in section 4 of the Organization of American States Revitalization and Reform Act of 2013 (Public Law 113–41; 127 Stat. 549);

"(2) create an annual forum for democratically elected national legislatures from OAS member states to discuss issues of hemispheric importance, including regional efforts to defend human rights and combat transnational criminal activities, corruption, and impunity;

"(3) permit elected national legislators from OAS member states to make presentations, contribute information, and provide expert advice, as appropriate, to the OAS Secretariat, OAS Permanent Council, and OAS General Assembly about OAS activities on issues of hemispheric importance;

"(4) lead to the creation of a mechanism to regularly facilitate the participation of elected national legislators in OAS activities; and

"(5) reinforce OAS Secretariat programs that provide technical assistance for the modernization and institutional strengthening of national legislatures from OAS member states.

"(b) Expenses.—The Secretary of State, acting through the United States Mission to the Organization of American States, as appropriate, shall seek to ensure that expenses related to the procedures set forth in this Act do not increase member quotas, assessed fees, or voluntary contributions and that the Secretariat of the OAS shall seek to ensure shared financial responsibilities among the member states in facilitating the financial support necessary to carry out this initiative.

"SEC. 5. SUPPORT FOR OAS HUMAN RIGHTS AND ANTI-CORRUPTION INITIATIVES.

"(a) Sense of Congress.—It is the sense of Congress that—

"(1) the efforts of the OAS Secretary General and Secretariat to combat corruption and impunity in the Americas represent important contributions to strengthening the rule of law and democratic governance in the Americas; and

"(2) the United States should support efforts to ensure the effectiveness and independence of OAS initiatives to combat corruption and impunity in the Americas.

"(b) Anti-corruption and Human Rights Promotion Strategy.—Not later than 180 days after the date of the enactment of the Act [Jan. 13, 2021], the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a strategy for supporting OAS anti-corruption and human rights promotion efforts. The strategy should include—

"(1) an assessment of United States programs, activities, and initiatives with the OAS to support anti-corruption and human rights promotion in the Americas;

"(2) a summary of the steps taken by the United States Mission to the OAS to strengthen anti-corruption and anti-impunity efforts in the Americas;

"(3) an assessment of necessary reforms and initiatives to prioritize and reinforce the OAS Secretary General and Secretariat's efforts to advance human rights and combat corruption and impunity in the Americas;

"(4) a detailed plan to facilitate increased OAS collaboration, as appropriate, with relevant stakeholders, including elected national legislators and civil society, in support of an approach to promote human rights and combat transnational criminal activities, corruption, and impunity in the Americas; and

"(5) a detailed plan for implementing the strategy set forth in this section of the Act.

"SEC. 6. REPORTING REQUIREMENTS.

"(a) In General.—Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on OAS processes, initiatives, and reforms undertaken to implement section 4, actions taken to implement the strategy required under section 5(b), and steps taken to implement the Organization of American States Revitalization and Reform Act of 2013 (Public Law 113–41) [see Short Title note set out above]. The report should include—

"(1) an analysis of the progress made by the OAS to adopt and effectively implement reforms and initiatives to advance human rights and combat corruption and impunity in the Americas; and

"(2) a detailed assessment of OAS efforts to increase stakeholder engagement to advance human rights and combat corruption and impunity in the Americas.

"(b) Briefings.—Not later than one year after the Secretary of State submits the report required under subsection (a), and annually thereafter for two additional years, the Secretary shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a briefing on the information required to be included in such report.

"SEC. 7. SENSE OF CONGRESS ON ELECTED NATIONAL LEGISLATOR.

"It is the sense of Congress that an elected national legislator participating in the activities outlined in this Act should be an individual that—

"(1) was elected as a result of periodic, free and fair elections; and

"(2) is not known to be under investigation or convicted for corruption or transnational criminal activities, including trafficking of people, goods, or illicit narcotics, money-laundering, terrorist financing, acts of terrorism, campaign finance violations, bribery, or extortion."

Findings

Pub. L. 113–41, §2, Oct. 2, 2013, 127 Stat. 548, provided that: "Congress makes the following findings:

"(1) The Charter of the Organization of American States recognizes that—

"(A) representative democracy is indispensable for the stability, peace, and development of the Western Hemisphere; and

"(B) a purpose of the Organization of American States is to promote and consolidate representative democracy, with due respect for the principle of nonintervention.

"(2) The United States supports the purposes and principles enshrined in—

"(A) the Charter of the Organization of American States;

"(B) the Inter-American Democratic Charter; and

"(C) the American Declaration on the Rights and Duties of Man.

"(3) The United States supports the Organization of American States in its efforts with all member states to meet our commitments under the instruments set forth in paragraph (2).

"(4) Congress supports the Organization of American States as it operates in a manner consistent with the Inter-American Democratic Charter."

Statement of Policy

Pub. L. 113–41, §3, Oct. 2, 2013, 127 Stat. 548, provided that: "It is the policy of the United States—

"(1) to promote democracy and the rule of law throughout the Western Hemisphere;

"(2) to promote and protect human rights and fundamental freedoms in the Western Hemisphere; and

"(3) to support the practices, purposes, and principles expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, the Inter-American Democratic Charter, and other fundamental instruments of democracy."
22 U.S.C. § 4115 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 52: FOREIGN SERVICE / Subchapter X: LABOR-MANAGEMENT RELATIONS / Section 4115: Unfair labor practices
Unfair labor practices
Status: in_force

(a) Department of State

It shall be an unfair labor practice for the Department—

(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this subchapter;

(2) to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment;

(3) to sponsor, control, or otherwise assist any labor organization, other than to furnish upon request customary and routine services and facilities on an impartial basis to labor organizations having equivalent status;

(4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint or petition, or has given any information, affidavit, or testimony under this subchapter;

(5) to refuse to consult or negotiate in good faith with a labor organization, as required under this subchapter;

(6) to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this subchapter;

(7) to enforce any rule or regulation (other than a rule or regulation implementing section 2302 of title 5) which is in conflict with an applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed; or

(8) to fail or refuse otherwise to comply with any provision of this subchapter.

(b) Labor organizations

It shall be an unfair labor practice for a labor organization—

(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this subchapter;

(2) to cause or attempt to cause the Department to discriminate against any employee in the exercise by the employee of any right under this subchapter;

(3) to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment or reprisal, or for the purpose of hindering or impeding the member's work performance or productivity as an employee or the discharge of the member's functions as an employee;

(4) to discriminate against an employee with regard to the terms and conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, age preferential or nonpreferential civil service status, political affiliation, marital status, or disability;

(5) to refuse to consult or negotiate in good faith with the Department, as required under this subchapter;

(6) to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this subchapter;

(7)(A) to call, or participate in, a strike, work stoppage, or slowdown, or to picket the Department in a labor-management dispute (except that any such picketing in the United States which does not interfere with the Department's operations shall not be an unfair labor practice); or

(B) to condone any unfair labor practice described in subparagraph (A) by failing to take action to prevent or stop such activity;

(8) to deny membership to any employee in the unit represented by the labor organization except—

(A) for failure to tender dues uniformly required as a condition of acquiring and retaining membership, or

(B) in the exercise of disciplinary procedures consistent with the organization's constitution or bylaws and this subchapter; or

(9) to fail or refuse otherwise to comply with any provision of this subchapter.

(c) Personal views, arguments, opinions, or statements

The expression of any personal view, argument, or opinion, or the making of any statement, which—

(1) publicizes the fact of a representational election and encourages employees to exercise their right to vote in such an election;

(2) corrects the record with respect to any false or misleading statement made by any person; or

(3) informs employees of the Government's policy relating to labor-management relations and representation,

if the expression contains no threat of reprisal or force or promise of benefit and was not made under coercive conditions shall not—

(A) constitute an unfair labor practice under this subchapter, or

(B) constitute grounds for the setting aside of any election conducted under this subchapter.

(d) Election of remedies

Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section 4139(a)(2) of this title, an employee has an option of using the grievance procedure under subchapter XI or an appeals procedure, issues which can be raised under section 4114 of this title or subchapter XI may, in the discretion of the aggrieved party, be raised either under such section or subchapter or else raised as an unfair labor practice under this section, but may not be raised both under this section and under section 4114 of this title or subchapter XI.

(Pub. L. 96–465, title I, §1015, Oct. 17, 1980, 94 Stat. 2137; Pub. L. 102–138, title I, §153(d)(2), Oct. 28, 1991, 105 Stat. 674; Pub. L. 117–263, div. I, title XCII, §9219(4), Dec. 23, 2022, 136 Stat. 3879.)

Editorial Notes

Amendments

2022—Subsec. (b)(4). Pub. L. 117–263 substituted "disability" for "handicapping condition".

1991—Subsec. (d). Pub. L. 102–138 substituted "section 4139(a)(2)" for "section 4139(b)".

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Pub. L. 102–138, title I, §153(f), Oct. 28, 1991, 105 Stat. 674, provided that: "The amendments made by this section [amending this section and sections 4131, 4134, 4137, 4139, and 4140 of this title] shall not apply with respect to any grievance (within the meaning of section 1101 of the Act [22 U.S.C. 4131], as amended by this section) arising before the date of enactment of this Act [Oct. 28, 1991]."
22 U.S.C. § 4354 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 53B: FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL SERIES / Section 4354: Declassification of State Department records
Declassification of State Department records
Status: in_force

(a) Deadline for declassification

(1) Except as provided in subsection (b), each classified record of permanent historical value (as determined by the Secretary of State and the Archivist of the United States) which was published, issued, or otherwise prepared by the Department of State (or any officer or employee thereof acting in an official capacity) shall be declassified not later than 25 years after the record was prepared, shall be transferred to the National Archives and Records Administration, and shall be made available at the National Archives for public inspection and copying.

(2) Nothing in this subsection may be construed to require the declassification of a record wholly prepared by a foreign government.

(b) Exempted records

Subsection (a) shall not apply to any record (or portion thereof) the publication of which the Secretary of State, in coordination with any agency that originated information in the records, determines—

(1) would compromise weapons technology important to the national defense of the United States or reveal sensitive information relating to the design of United States or foreign military equipment or relating to United States cryptologic systems or activities;

(2) would disclose the names or identities of living persons who provided confidential information to the United States and would pose a substantial risk of harm to such persons;

(3) would demonstrably impede current diplomatic negotiations or other ongoing official activities of the United States Government or would demonstrably impair the national security of the United States; or

(4) would disclose matters that are related solely to the internal personnel rules and practices of the Department of State or are contained in personnel, medical, or similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

(c) Review

(1) The Advisory Committee shall review—

(A) the State Department's declassification procedures,

(B) all guidelines used in declassification, including those guidelines provided to the National Archives and Records Administration which are in effect on October 28, 1991, and

(C) by random sampling, records representative of all Department of State records published, issued, or otherwise prepared by the Department of State that remain classified after 30 years.

(2) In the event that the Secretary of State considers it necessary to deny access to records under paragraph (1)(C), the Secretary shall notify the Advisory Committee in writing, describing the nature of the records in question and the justification for withholding them.

(d) Annual reports by the Advisory Committee

The Advisory Committee shall annually submit to the Secretary of State and to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report setting forth its findings from the review conducted under subsection (c).

(e) Annual reports by the Secretary

(1) In general

Not later than March 1 of each year, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives on the compliance of the Department of State with the provisions of this chapter, including—

(A) the volumes published in the previous calendar year;

(B) the degree to which the Department is not in compliance with the deadline set forth in section 4351(c) of this title; and

(C) the factors relevant to the inability of the Department to comply with the provisions of this chapter, including section 4351(c) of this title.

(2) Form of reports

Each report required to be submitted by paragraph (1) shall be submitted in unclassified form, together with a classified annex if necessary.

(Aug. 1, 1956, ch. 841, title IV, §404, as added Pub. L. 102–138, title I, §198(a), Oct. 28, 1991, 105 Stat. 687; amended Pub. L. 107–228, div. A, title II, §205, Sept. 30, 2002, 116 Stat. 1363; Pub. L. 117–81, div. E, title LV, §5504(2), Dec. 27, 2021, 135 Stat. 2376.)

Editorial Notes

Amendments

2021—Subsec. (a)(1). Pub. L. 117–81 substituted "25" for "30".

2002—Subsec. (d). Pub. L. 107–228, §205(a), substituted "Annual reports by the Advisory Committee" for "Reporting requirement" in heading and inserted "and to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives" after "Secretary of State" in text.

Subsec. (e). Pub. L. 107–228, §205(b), substituted "Annual reports by the Secretary" for "Report to Congress" in heading and amended text generally. Prior to amendment, text read as follows: "Not later than 180 days after October 28, 1991, the Secretary of State shall prepare and submit a written report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on factors relevant to compliance with this section, and the procedures to be used for implementing the requirements of this section."

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Compliance With Declassification of State Department Records; Notification to Congressional Committees on Inability To Comply; Final Deadline

Pub. L. 102–138, title I, §198(c)(1), Oct. 28, 1991, 105 Stat. 691, provided that: "The Secretary of State shall ensure that the requirements of section 404 of the State Department Basic Authorities Act of 1956 [22 U.S.C. 4354] (as amended by this section) are met not later than one year after the date of enactment of this Act [Oct. 28, 1991]. If the Secretary cannot reasonably meet the requirements of such section, he shall so notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, and describe how the Department of State intends to meet the requirements of that section. In no event shall full compliance with the requirements of such section take place later than 2 years after the date of enactment of this Act."
22 U.S.C. § 4071a (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 52: FOREIGN SERVICE / Subchapter VIII: FOREIGN SERVICE RETIREMENT AND DISABILITY / Section 4071a: Definitions
Definitions
Status: in_force

As used in this part, unless otherwise specified—

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

(2) the term "Fund" means the Foreign Service Retirement and Disability Fund maintained by the Secretary of the Treasury pursuant to section 4042 of this title;

(3) the term "lump-sum credit" means the unrefunded amount consisting of—

(A) retirement deductions made from the basic pay of a participant under section 4071e of this title (or under section 204 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983);

(B) amounts deposited by a participant under section 4071c of this title to obtain credit under this System for prior civilian or military service; and

(C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 4059 of this title, as determined by the Secretary of the Treasury (compounded annually); but does not include interest—

(i) if the service covered thereby aggregates 1 year or less; or

(ii) for a fractional part of a month in the total service;

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

(5) the term "participant" means a person who participates in the Foreign Service Pension System;

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

(7) the term "revised annuity participant" means any individual who—

(A) on December 31, 2012—

(i) is not a participant;

(ii) is not performing service which is creditable service under section 4071c of this title; and

(iii) has less than 5 years creditable service under section 4071c of this title; and

(B) after December 31, 2012, and before January 1, 2014, becomes a participant performing service which is creditable service under section 4071c of this title;

(8) the term "further revised annuity participant" means any individual who—

(A) on December 31, 2013—

(i) is not a participant;

(ii) is not performing service which is creditable service under section 4071c of this title; and

(iii) has less than 5 years creditable service under section 4071c of this title; and

(B) after December 31, 2013, becomes a participant performing service which is creditable service under section 4071c of this title;

(9) the term "supplemental liability" means the estimated excess of—

(A) the actuarial present value of all future benefits payable from the Fund under this part based on the service of participants or former participants, over

(B) the sum of—

(i) the actuarial present value of (I) deductions to be withheld from the future basic pay of participants pursuant to section 4071e of this title and (II) contributions for past civilian and military service;

(ii) the actuarial present value of future contributions to be made pursuant to section 4071f of this title;

(iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable—

(I) to the System, or

(II) to the contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (5 U.S.C. 8331 note); and

(iv) any other appropriate amount, as determined by the Secretary of State in accordance with generally accepted actuarial practices and principles;

(10) the term "System" means the Foreign Service Pension System; and

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

(Pub. L. 96–465, title I, §852, as added Pub. L. 99–335, title IV, §415, June 6, 1986, 100 Stat. 615; amended Pub. L. 100–238, title II, §241, Jan. 8, 1988, 101 Stat. 1776; Pub. L. 105–382, §2(a)(2), Nov. 13, 1998, 112 Stat. 3406; Pub. L. 112–96, title V, §5002(a), Feb. 22, 2012, 126 Stat. 200; Pub. L. 113–67, div. A, title IV, §402(a), Dec. 26, 2013, 127 Stat. 1185.)

Editorial Notes

References in Text

The Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, referred to in pars. (3)(A) and (7)(B)(iii)(II), is title II of Pub. L. 98–168, Nov. 29, 1983, 97 Stat. 1106, which is set out as a note under section 8331 of Title 5, Government Organization and Employees.

Amendments

2013—Par. (7)(B). Pub. L. 113–67, §402(a)(2), inserted "and before January 1, 2014," after "after December 31, 2012,".

Pars. (8) to (11). Pub. L. 113–67, §402(a)(1), added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively.

2012—Pars. (7) to (10). Pub. L. 112–96 added par. (7) and redesignated former pars. (7) to (9) as (8) to (10), respectively.

1998—Par. (9). Pub. L. 105–382 added par. (9).

1988—Pars. (3) to (8). Pub. L. 100–238 added par. (3) and redesignated former pars. (3) to (7) as (4) to (8), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–382 effective Nov. 13, 1998, with provisions relating to applicability with respect to certain individuals, see section 4 of Pub. L. 105–382, as amended, set out as a note under section 4044 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–238 effective 90 days after Jan. 8, 1988, see section 261(a) of Pub. L. 100–238, set out as a note under section 4054 of this title.
22 U.S.C. § 6713 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 75: CHEMICAL WEAPONS CONVENTION IMPLEMENTATION / Subchapter I: GENERAL PROVISIONS / Section 6713: Civil liability of United States
Civil liability of United States
Status: in_force

(a) Claims for taking of property

(1) Jurisdiction of courts of the United States

(A) United States Court of Federal Claims

The United States Court of Federal Claims shall, subject to subparagraph (B), have jurisdiction of any civil action or claim against the United States for any taking of property without just compensation that occurs by reason of the action of any officer or employee of the Organization for the Prohibition of Chemical Weapons, including any member of an inspection team of the Technical Secretariat, or by reason of the action of any officer or employee of the United States pursuant to this chapter or the Convention. For purposes of this subsection, action taken pursuant to or under the color of this chapter or the Convention shall be deemed to be action taken by the United States for a public purpose.

(B) District courts

The district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any civil action or claim described in subparagraph (A) that does not exceed $10,000.

(2) Notification

Any person intending to bring a civil action pursuant to paragraph (1) shall notify the United States National Authority of that intent at least one year before filing the claim in the United States Court of Federal Claims. Action on any claim filed during that one-year period shall be stayed. The one-year period following the notification shall not be counted for purposes of any law limiting the period within which the civil action may be commenced.

(3) Initial steps by United States Government to seek remedies

During the period between a notification pursuant to paragraph (2) and the filing of a claim covered by the notification in the United States Court of Federal Claims, the United States National Authority shall pursue all diplomatic and other remedies that the United States National Authority considers necessary and appropriate to seek redress for the claim including, but not limited to, the remedies provided for in the Convention and under this chapter.

(4) Burden of proof

In any civil action under paragraph (1), the plaintiff shall have the burden to establish a prima facie case that, due to acts or omissions of any official of the Organization or any member of an inspection team of the Technical Secretariat taken under the color of the Convention, proprietary information of the plaintiff has been divulged or taken without authorization. If the United States Court of Federal Claims finds that the plaintiff has demonstrated such a prima facie case, the burden shall shift to the United States to disprove the plaintiff's claim. In deciding whether the plaintiff has carried its burden, the United States Court of Federal Claims shall consider, among other things—

(A) the value of proprietary information;

(B) the availability of the proprietary information;

(C) the extent to which the proprietary information is based on patents, trade secrets, or other protected intellectual property;

(D) the significance of proprietary information; and

(E) the emergence of technology elsewhere a reasonable time after the inspection.

(b) Tort liability

The district courts of the United States shall have exclusive jurisdiction of civil actions for money damages for any tort under the Constitution or any Federal or State law arising from the acts or omissions of any officer or employee of the United States or the Organization, including any member of an inspection team of the Technical Secretariat, taken pursuant to or under color of the Convention or this chapter.

(c) Waiver of sovereign immunity of United States

In any action under subsection (a) or (b), the United States may not raise sovereign immunity as a defense.

(d) Authority for cause of action

(1) United States actions in United States district court

Notwithstanding any other law, the Attorney General of the United States is authorized to bring an action in the United States District Court for the District of Columbia against any foreign nation for money damages resulting from that nation's refusal to provide indemnification to the United States for any liability imposed on the United States by virtue of the actions of an inspector of the Technical Secretariat who is a national of that foreign nation acting at the direction or the behest of that foreign nation.

(2) United States actions in courts outside the United States

The Attorney General is authorized to seek any and all available redress in any international tribunal for indemnification to the United States for any liability imposed on the United States by virtue of the actions of an inspector of the Technical Secretariat, and to seek such redress in the courts of the foreign nation from which the inspector is a national.

(3) Actions brought by individuals and businesses

Notwithstanding any other law, any national of the United States, or any business entity organized and operating under the laws of the United States, may bring a civil action in a United States District Court for money damages against any foreign national or any business entity organized and operating under the laws of a foreign nation for an unauthorized or unlawful acquisition, receipt, transmission, or use of property by or on behalf of such foreign national or business entity as a result of any tort under the Constitution or any Federal or State law arising from acts or omissions by any officer or employee of the United States or any member of an inspection team of the Technical Secretariat taken pursuant to or under the color of the Convention or this chapter.

(e) Recoupment

(1) Policy

It is the policy of the United States to recoup all funds withdrawn from the Treasury of the United States in payment for any tort under Federal or State law or taking under the Constitution arising from the acts or omissions of any foreign person, officer, or employee of the Organization, including any member of an inspection team of the Technical Secretariat, taken under color of the Chemical Weapons Convention or this chapter.

(2) Sanctions on foreign companies

(A) Imposition of sanctions

The sanctions provided in subparagraph (B) shall be imposed for a period of not less than ten years upon—

(i) any foreign person, officer, or employee of the Organization, including any member of an inspection team of the Technical Secretariat, for whose actions or omissions the United States has been held liable for a tort or taking pursuant to this chapter; and

(ii) any foreign person or business entity organized and operating under the laws of a foreign nation which knowingly assisted, encouraged or induced, in any way, a foreign person described in clause (i) to publish, divulge, disclose, or make known in any manner or to any extent not authorized by the Convention any United States confidential business information.

(B) Sanctions

(i) Arms export transactions

The United States Government shall not sell to a person described in subparagraph (A) any item on the United States Munitions List and shall terminate sales of any defense articles, defense services, or design and construction services to a person described in subparagraph (A) under the Arms Export Control Act [22 U.S.C. 2751 et seq.].

(ii) Sanctions under Export Administration Act of 1979

The authorities under section 6 1 of the Export Administration Act of 1979 shall be used to prohibit the export of any goods or technology on the control list established pursuant to section 5(c)(1) 1 of that Act to a person described in subparagraph (A).

(iii) International financial assistance

The United States shall oppose any loan or financial or technical assistance by international financial institutions in accordance with section 262d of this title to a person described in subparagraph (A).

(iv) Export-Import Bank transactions

The United States shall not give approval to guarantee, insure, or extend credit, or to participate in the extension of credit to a person described in subparagraph (A) through the Export-Import Bank of the United States.

(v) Private bank transactions

Regulations shall be issued to prohibit any United States bank from making any loan or providing any credit to a person described in subparagraph (A).

(vi) Blocking of assets

The President shall take all steps necessary to block any transactions in any property subject to the jurisdiction of the United States in which a person described in subparagraph (A) has any interest whatsoever, for the purpose of recouping funds in accordance with the policy in paragraph (1).

(vii) Denial of landing rights

Landing rights in the United States shall be denied to any private aircraft or air carrier owned by a person described in subparagraph (A) except as necessary to provide for emergencies in which the safety of the aircraft or its crew or passengers is threatened.

(3) Sanctions on foreign governments

(A) Imposition of sanctions

Whenever the President determines that persuasive information is available indicating that a foreign country has knowingly assisted, encouraged or induced, in any way, a person described in paragraph (2)(A) to publish, divulge, disclose, or make known in any manner or to any extent not authorized by the Convention any United States confidential business information, the President shall, within 30 days after the receipt of such information by the executive branch of Government, notify the Congress in writing of such determination and, subject to the requirements of paragraphs (4) and (5), impose the sanctions provided under subparagraph (B) for a period of not less than five years.

(B) Sanctions

(i) Arms export transactions

The United States Government shall not sell a country described in subparagraph (A) any item on the United States Munitions List, shall terminate sales of any defense articles, defense services, or design and construction services to that country under the Arms Export Control Act [22 U.S.C. 2751 et seq.], and shall terminate all foreign military financing for that country under the Arms Export Control Act.

(ii) Denial of certain licenses

Licenses shall not be issued for the export to the sanctioned country of any item on the United States Munitions List or commercial satellites.

(iii) Denial of assistance

No appropriated funds may be used for the purpose of providing economic assistance, providing military assistance or grant military education and training, or extending military credits or making guarantees to a country described in subparagraph (A).

(iv) Sanctions under Export Administration Act of 1979

The authorities of section 6 1 of the Export Administration Act of 1979 shall be used to prohibit the export of any goods or technology on the control list established pursuant to section 5(c)(1) 1 of that Act to a country described in subparagraph (A).

(v) International financial assistance

The United States shall oppose any loan or financial or technical assistance by international financial institutions in accordance with section 262d of this title to a country described in subparagraph (A).

(vi) Termination of assistance under Foreign Assistance Act of 1961

The United States shall terminate all assistance to a country described in subparagraph (A) under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], except for urgent humanitarian assistance.

(vii) Private bank transactions

The United States shall not give approval to guarantee, insure, or extend credit, or participate in the extension of credit through the Export-Import Bank of the United States to a country described in subparagraph (A).

(viii) Private bank transactions

Regulations shall be issued to prohibit any United States bank from making any loan or providing any credit to a country described in subparagraph (A).

(ix) Denial of landing rights

Landing rights in the United States shall be denied to any air carrier owned by a country described in subparagraph (A), except as necessary to provide for emergencies in which the safety of the aircraft or its crew or passengers is threatened.

(4) Suspension of sanctions upon recoupment by payment

Sanctions imposed under paragraph (2) or (3) may be suspended if the sanctioned person, business entity, or country, within the period specified in that paragraph, provides full and complete compensation to the United States Government, in convertible foreign exchange or other mutually acceptable compensation equivalent to the full value thereof, in satisfaction of a tort or taking for which the United States has been held liable pursuant to this chapter.

(5) Waiver of sanctions on foreign countries

The President may waive some or all of the sanctions provided under paragraph (3) in a particular case 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 such waiver is necessary to protect the national security interests of the United States. The certification shall set forth the reasons supporting the determination and shall take effect on the date on which the certification is received by the Congress.

(6) Notification to Congress

Not later than five days after sanctions become effective against a foreign person pursuant to this chapter, the President shall transmit written notification of the imposition of sanctions against that foreign person to the chairmen and ranking members of the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.

(f) Sanctions for unauthorized disclosure of United States confidential business information

The Secretary of State shall deny a visa to, and the Attorney General shall exclude from the United States any alien who, after October 21, 1998—

(1) is, or previously served as, an officer or employee of the Organization and who has willfully published, divulged, disclosed, or made known in any manner or to any extent not authorized by the Convention any United States confidential business information coming to him in the course of his employment or official duties, or by reason of any examination or investigation of any return, report, or record made to or filed with the Organization, or any officer or employee thereof, such practice or disclosure having resulted in financial loses 2 or damages to a United States person and for which actions or omissions the United States has been found liable of a tort or taking pursuant to this chapter;

(2) traffics in United States confidential business information, a proven claim to which is owned by a United States national;

(3) is a corporate officer, principal, shareholder with a controlling interest of an entity which has been involved in the unauthorized disclosure of United States confidential business information, a proven claim to which is owned by a United States national; or

(4) is a spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3).

(g) "United States confidential business information" defined

In this section, the term "United States confidential business information" means any trade secrets or commercial or financial information that is privileged and confidential—

(1) including—

(A) data described in section 6724(e)(2) of this title,

(B) any chemical structure,

(C) any plant design process, technology, or operating method,

(D) any operating requirement, input, or result that identifies any type or quantity of chemicals used, processed, or produced, or

(E) any commercial sale, shipment, or use of a chemical, or

(2) as described in section 552(b)(4) of title 5,

and that is obtained—

(i) from a United States person; or

(ii) through the United States Government or the conduct of an inspection on United States territory under the Convention.

(Pub. L. 105–277, div. I, title I, §103, Oct. 21, 1998, 112 Stat. 2681–861.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act" and was translated as reading "this division", meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of division I to the Code, see Short Title note set out under section 6701 of this title and Tables.

The Arms Export Control Act, referred to in subsec. (e)(2)(B)(i), (3)(B)(i), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, 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.

The Export Administration Act of 1979, referred to in subsec. (e)(2)(B)(ii), (3)(B)(iv), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Sections 5 and 6 of the Act were classified to sections 4604 and 4605, respectively, of Title 50 prior to repeal.

The Foreign Assistance Act of 1961, referred to in subsec. (e)(3)(B)(vi), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, 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.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

1 See References in Text note below.

2 So in original. Probably should be "losses".
22 U.S.C. § 2767 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 39: ARMS EXPORT CONTROL / Subchapter II: FOREIGN MILITARY SALES AUTHORIZATIONS / Section 2767: Authority of President to enter into cooperative projects with friendly foreign countries
Authority of President to enter into cooperative projects with friendly foreign countries
Status: in_force

(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), 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 costs, administrative costs, and costs of claims. 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 Committee on Foreign Affairs 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 1 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 4 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 1 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 1 of that amendment.

(j) Cooperative project agreements with friendly foreign countries not members of NATO

(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) Omitted.

(Pub. L. 90–629, ch. 2, §27, as added Pub. L. 96–92, §15, Oct. 29, 1979, 93 Stat. 706; 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; Pub. L. 102–484, div. A, title VIII, §843(a), Oct. 23, 1992, 106 Stat. 2468; Pub. L. 113–276, title II, §208(a)(4), Dec. 18, 2014, 128 Stat. 2993.)

Editorial Notes

References in Text

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.

This chapter, referred to in subsec. (e)(2), was in the original "this Act", meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.

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.

Codification

Subsec. (j)(2) of this section, which required the President to submit to certain committees of Congress an annual report specifying countries eligible, and criteria used to determine eligibility, for participation in cooperative project agreements under subsec. (j)(1) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 39 of House Document No. 103–7.

Amendments

2014—Subsec. (f). Pub. L. 113–276 inserted "the Committee on Foreign Affairs of the House of Representatives," after "the Speaker of the House of Representatives," in introductory provisions.

1992—Subsec. (c). Pub. L. 102–484 substituted "costs, administrative costs, and costs of claims" for "and administrative costs".

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.

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

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.

Assessment of Risk Associated With Development of Major Weapon Systems To Be Procured Under Cooperative Projects With Friendly Foreign Countries

Pub. L. 112–81, div. A, title VIII, §836, Dec. 31, 2011, 125 Stat. 1508, as amended by Pub. L. 116–92, div. A, title IX, §902(84), Dec. 20, 2019, 133 Stat. 1553, provided that:

"(a) Assessment of Risk Required.—

"(1) In general.—Not later than two days after the President transmits a certification to Congress pursuant to section 27(f) of the Arms Export Control Act (22 U.S.C. 2767(f)) regarding a proposed cooperative project agreement that is expected to result in the award of a Department of Defense contract for the engineering and manufacturing development of a major weapon system, the Secretary of Defense shall submit to the Chairmen of the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a risk assessment of the proposed cooperative project.

"(2) Preparation.—The Secretary shall prepare each report required by paragraph (1) in consultation with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Director of Cost Assessment and Program Evaluation of the Department of Defense.

"(b) Elements.—The risk assessment on a cooperative project under subsection (a) shall include the following:

"(1) An assessment of the design, technical, manufacturing, and integration risks associated with developing and procuring the weapon system to be procured under the cooperative project.

"(2) A statement identifying any termination liability that would be incurred under the development contract to be entered into under subsection (a)(1), and a statement of the extent to which such termination liability would not be fully funded by appropriations available or sought in the fiscal year in which the agreement for the cooperative project is signed on behalf of the United States.

"(3) An assessment of the advisability of incurring any unfunded termination liability identified under paragraph (2) given the risks identified in the assessment under paragraph (1).

"(4) A listing of which, if any, requirements associated with the oversight and management of a major defense acquisition program (as prescribed under Department of Defense Instruction 5000.02 or related authorities) will be waived, or in any way modified, in carrying out the development contract to be entered into under [subsection] (a)(1), and a full explanation why such requirements need to be waived or modified.

"(c) Definitions.—In this section:

"(1) The term 'engineering and manufacturing development' has the meaning given that term in Department of Defense Instruction 5000.02.

"(2) The term 'major weapon system' has the meaning given that term in section 2379(f) of title 10, United States Code [now 10 U.S.C. 3455(f)]."

[Pub. L. 116–92, §902(84), which directed the amendment of section 836(a)(2) of Pub. L. 112–81, set out above, by substituting "the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering," for "the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research,", was executed by making the substitution for "the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research and Engineering," to reflect the probable intent of Congress.]

Executive Documents

Delegation of Functions

For delegation of functions of the President under this section, with certain conditions, see section 1(f) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.

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 So in original. The word "made" probably should not appear.
22 U.S.C. § 2185 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 32: FOREIGN ASSISTANCE / Subchapter I: INTERNATIONAL DEVELOPMENT / Section 2185: Trade credit insurance program for Poland
Trade credit insurance program for Poland
Status: in_force

(a) General authority

(1) Assurance to Export-Import Bank of repayment

The President is authorized to provide guarantees to the Bank for liabilities described in paragraph (2) in order to satisfy the requirement of section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) that the Bank have 1 reasonable assurance of repayment.

(2) Liabilities which may be guaranteed

The liabilities that may be guaranteed under paragraph (1) are liabilities incurred by the Bank in connection with guarantees or insurance provided under the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] for financing for transactions involving the export of goods and services for the use of the private sector in Poland.

(b) Guarantees available only for short-term guarantees and insurance

Guarantees provided under subsection (a) shall be for short-term guarantees and insurance extended by the Bank which shall be repayable within a period not to exceed one year from the date of arrival at the port of importation of the goods and services covered by such guarantees or insurance.

(c) Agreement on criteria and procedures

Guarantees or insurance extended by the Bank and guaranteed pursuant to subsection (a) shall be provided by the Bank in accordance with criteria and procedures agreed to by the Administrator and the Bank.

(d) Reserve fund

The agreement referred to in subsection (c) shall also provide for the establishment of a reserve fund by the administering agency, with such funds made available to the reserve as the Administrator deems necessary to discharge liabilities under guarantees provided under subsection (a).

(e) Discharge of liabilities

(1) Funds which may be used

Such amounts of the funds made available to carry out part IV of subchapter II of this chapter (relating to the economic support fund) as the President determines are necessary may be made available to discharge liabilities under guarantees entered into under subsection (a).

(2) Crediting of subsequent payments

To the extent that any of the funds made available pursuant to paragraph (1) are paid out for a claim arising out of liabilities guaranteed under subsection (a), amounts received after the date of such payment, with respect to such claim, shall be credited to the reserve fund established pursuant to subsection (d), shall be merged with the funds in such reserve, and shall be available for the purpose of payments by the Administrator to the Bank for guarantees under subsection (a).

(f) Appropriations action required

Commitments to guarantee under subsection (a) are authorized only to the extent and in the amounts provided in advance in appropriations Acts.

(g) Limitation on outstanding commitments

The aggregate amount of outstanding commitments under subsection (a) may not exceed $200,000,000 of contingent liability for loan principal during any fiscal year.

(h) Omitted

(i) Administrative and technical assistance

The Bank shall provide, without reimbursement, such administrative and technical assistance to the administering agency as the Bank and the Administrator determine appropriate to assist the administering agency in carrying out this section.

(j) Fees and premiums

The Bank is authorized to charge fees and premiums, in connection with guarantees or insurance guaranteed by the administering agency under subsection (a), that are commensurate (in the judgment of the Bank) with the Bank's administrative costs and the risks covered by the agency's guarantees. Any amounts received by the Bank in excess of the estimated costs incurred by the Bank in administering such guarantees or insurance—

(1) shall be credited to the reserve fund established pursuant to subsection (d),

(2) shall be merged with the funds in such reserve, and

(3) shall be available for the purpose of payments by the administering agency to the Bank for guarantees under subsection (a).

(k) Restrictions not applicable

Prohibitions on the use of foreign assistance funds for assistance for Poland shall not apply with respect to the funds made available to carry out this section.

(l) Expiration of authority

The President may not enter into any commitments to guarantee under subsection (a) after September 30, 1992.

(m) Definitions

For purposes of this section—

(1) the term "administering agency" means the Agency for International Development;

(2) the term "Administrator" means the Administrator of the Agency for International Development; and

(3) the term "Bank" means the Export-Import Bank of the United States.

(Pub. L. 87–195, pt. I, §225, as added Pub. L. 101–179, title III, §304(a), Nov. 28, 1989, 103 Stat. 1312.)

Editorial Notes

References in Text

The Export-Import Bank Act of 1945, referred to in subsec. (a)(2), is act July 31, 1945, ch. 341, 59 Stat. 526, 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.

Codification

Subsec. (h) of this section, which required the Administrator and the President of the Bank, every 6 months, to prepare and transmit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report on the amount and extension of guarantees and insurance provided by the Bank and guaranteed under this section during the preceding 6-month period, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 148 of House Document No. 103–7.

Statutory Notes and Related Subsidiaries

Conforming Reference

Pub. L. 101–179, title III, §304(c), Nov. 28, 1989, 103 Stat. 1314, provided that: "With respect to Poland, any reference in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 [Pub. L. 101–167, Nov. 21, 1989, 103 Stat. 1195], to section 224 of the Foreign Assistance Act of 1961 [22 U.S.C. 2184] shall be deemed to be a reference to section 225 of that Act [22 U.S.C. 2185] (as enacted by this section)."

Executive Documents

Delegation of Functions

For delegation of functions of President under this section, see 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 So in original. Probably should be "has".
22 U.S.C. § 6962 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 77: UNITED STATES-CHINA RELATIONS / Subchapter IV: TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA / Section 6962: Functions of Task Force
Functions of Task Force
Status: in_force

The Task Force shall monitor and promote effective enforcement of and compliance with section 1307 of title 19 by performing the following functions:

(1) Coordinate closely with the United States Customs Service to promote maximum effectiveness in the enforcement by the Customs Service of section 1307 of title 19 with respect to the products of the People's Republic of China. In order to assure such coordination, the Customs Service shall keep the Task Force informed, on a regular basis, of the progress of its investigations of allegations that goods are being entered into the United States, or that such entry is being attempted, in violation of the prohibition in section 1307 of title 19 on entry into the United States of goods mined, produced, or manufactured wholly or in part in the People's Republic of China by convict labor, forced labor, or indentured labor under penal sanctions. Such investigations may include visits to foreign sites where goods allegedly are being mined, produced, or manufactured in a manner that would lead to prohibition of their importation into the United States under section 1307 of title 19.

(2) Make recommendations to the Customs Service on seeking new agreements with the People's Republic of China to allow Customs Service officials to visit sites where goods may be mined, produced, or manufactured by convict labor, forced labor, or indentured labor under penal sanctions.

(3) Work with the Customs Service to assist the People's Republic of China and other foreign governments in monitoring the sale of goods mined, produced, or manufactured by convict labor, forced labor, or indentured labor under penal sanctions to ensure that such goods are not exported to the United States.

(4) Coordinate closely with the Customs Service to promote maximum effectiveness in the enforcement by the Customs Service of section 1307 of title 19 with respect to the products of the People's Republic of China. In order to assure such coordination, the Customs Service shall keep the Task Force informed, on a regular basis, of the progress of its monitoring of ports of the United States to ensure that goods mined, produced, or manufactured wholly or in part in the People's Republic of China by convict labor, forced labor, or indentured labor under penal sanctions are not imported into the United States.

(5) Advise the Customs Service in performing such other functions, consistent with existing authority, to ensure the effective enforcement of section 1307 of title 19.

(6) Provide to the Customs Service all information obtained by the departments represented on the Task Force relating to the use of convict labor, forced labor, or/and indentured labor under penal sanctions in the mining, production, or manufacture of goods which may be imported into the United States.

(Pub. L. 106–286, div. B, title V, §502, Oct. 10, 2000, 114 Stat. 903.)

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
22 U.S.C. § 3982 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 52: FOREIGN SERVICE / Subchapter V: CLASSIFICATION OF POSITIONS AND ASSIGNMENTS / Section 3982: Assignments to Foreign Service positions
Assignments to Foreign Service positions
Status: in_force

(a) Positions assignable; basis for assignment

(1) The Secretary (with the concurrence of the agency concerned) may assign a member of the Service to any position classified under section 3981 of this title in which that member is eligible to serve (other than as chief of mission or ambassador at large), and may assign a member from one such position to another such position as the needs of the Service may require.

(2) In making assignments under paragraph (1), the Secretary shall assure that a member of the Service is not assigned to or prohibited from being assigned to a position at a post in a particular geographic area, or domestically, in a position working on issues relating to a particular country or geographic area, on the basis of the race, ethnicity, or religion of that member.

(b) Filling of positions by members of Service; employment of members of State Department and other agencies

Positions designated as Foreign Service positions normally shall be filled by the assignment of members of the Service to those positions. Subject to that limitation—

(1) Foreign Service positions may be filled by the assignment for specified tours of duty of employees of the Department and, under interagency agreements, employees of other agencies; and

(2) Senior Foreign Service positions may also be filled by other members of the Service.

(c) Charge d'affaires

The President may assign a career member of the Service to serve as charge d'affaires or otherwise as the head of a mission (or as the head of a United States office abroad which is designated under section 3902(a)(3) 1 of this title by the Secretary of State as diplomatic in nature) for such period as the public interest may require.

(d) Competitive ability with respect to chief of mission positions and for assignments outside areas of specialization

The Secretary of State, in conjunction with the heads of the other agencies utilizing the Foreign Service personnel system, shall implement policies and procedures to insure that Foreign Service officers and members of the Senior Foreign Service of all agencies are able to compete for chief of mission positions and have opportunities on an equal basis to compete for assignments outside their areas of specialization.

(Pub. L. 96–465, title I, §502, Oct. 17, 1980, 94 Stat. 2093; Pub. L. 98–164, title I, §130(b), Nov. 22, 1983, 97 Stat. 1027; Pub. L. 114–323, title IV, §414(d), Dec. 16, 2016, 130 Stat. 1933; Pub. L. 117–81, div. E, title LI, §5109(2), Dec. 27, 2021, 135 Stat. 2349.)

Editorial Notes

References in Text

Section 3902(a)(3) of this title, referred to in subsec. (c), was redesignated section 3902(3) of this title pursuant to Pub. L. 98–164, which struck out the designation "(a)" and subsec. (b) of section 3902.

Amendments

2021—Subsec. (a)(2). Pub. L. 117–81 inserted ", or domestically, in a position working on issues relating to a particular country or geographic area," after "particular geographic area".

2016—Subsec. (a)(2). Pub. L. 114–323 inserted "or prohibited from being assigned to" after "assigned to" and struck out "exclusively" before "on the basis".

1983—Subsec. (d). Pub. L. 98–164 added subsec. (d).

Statutory Notes and Related Subsidiaries

Assignment Process Modernization

Pub. L. 118–159, div. G, title LXXI, §7107, Dec. 23, 2024, 138 Stat. 2524, provided that:

"(a) In General.—Not later than 18 months after the date of the enactment of this Act [Dec. 23, 2024], the Secretary [of State] shall modernize the Foreign Service bidding process, and should consider incorporating the following elements:

"(1) A stable-pair matching, preference-ranking system for non-directed Foreign Service employees and hiring bureaus, allowing for a more strategic alignment of workforce and resources.

"(2) Incorporation of lessons learned from the previous stable-pair matching bidding pilot framework referred to as 'iMatch' but applied more expansively to include non-directed assignments up through FS–01 positions, taking advantage of efficiency benefits such as tandem assignment functionalities.

"(3) Mechanisms to ensure transparency, efficiency, effectiveness, accountability, and flexibility in the assignment process, while maintaining equal opportunities for all employees in the Foreign Service.

"(4) An independent auditing process to ensure adherence to established rules, effectiveness in meeting the Department's [Department of State's] needs, and prevention of bias or manipulation, including through the use of protected categories in making assignment decisions.

"(b) Consideration of Certain Promotion Issues.—In parallel with assignment process modernization efforts, the Secretary shall—

"(1) assess whether any point systems tied to promotion incentives should consider service in hard-to-fill or critical positions; and

"(2) assess whether the practice of dividing the assignment process into winter and summer cycles is necessary or efficient compared to stable matching processes.

"(c) Reporting and Oversight.—Not later than 18 months after the date of the enactment of this Act, the Secretary shall provide the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] a report on the implementation of the assignment process under this section, including—

"(1) data on match rates, including in filling critical or priority positions, officer and hiring office satisfaction, and the impact on tandem placements;

"(2) recommendations for further modifications to the bidding process;

"(3) an overview of the strategy used to communicate any changes to the workforce; and

"(4) results of analysis into additional transparency efforts, including those described in subsection (a)(3)."

Supporting Tandem Spouses in the Foreign Service

Pub. L. 118–31, div. F, title LXII, §6227, Dec. 22, 2023, 137 Stat. 980, provided that:

"(a) Sense of Congress.—It is the sense of Congress that—

"(1) challenges finding and maintaining spousal employment and family dissatisfaction are one of the leading reasons employees cite for leaving the Department [of State];

"(2) tandem Foreign Service personnel represent important members of the Foreign Service community, who act as force multipliers for our diplomacy;

"(3) the Department can and should do more to keep tandem spouses posted together and consider family member employment needs when assigning tandem officers; and

"(4) common sense steps providing more flexibility in the assignments process would improve outcomes for tandem officers without disadvantaging other Foreign Service Officers.

"(b) Definitions.—In this section:

"(1) Family togetherness.—The term 'family togetherness' means facilitating the placement of Foreign Service personnel at the same United States diplomatic post when both spouses are members of a tandem couple of Foreign Service personnel.

"(2) Tandem foreign service personnel; tandem.—The terms 'tandem Foreign Service personnel' and 'tandem' mean a member of a couple of which one spouse is a career or career candidate employee of the Foreign Service and the other spouse is a career or career candidate employee of the Foreign Service or an employee of one of the agencies authorized to use the Foreign Service Personnel System under section 202 of the Foreign Service Act of 1980 (22 U.S.C. 3922).

"(c) Family Togetherness in Assignments.—Not later than 90 days after the date of enactment of this division [Dec. 22, 2023], the Department shall amend and update its policies to further promote the principle of family togetherness in the Foreign Service, which shall include the following:

"(1) Entry-level foreign service personnel.—The Secretary [of State] shall adopt policies and procedures to facilitate the assignment of entry-level tandem Foreign Service personnel on directed assignments to the same diplomatic post or country as their tandem spouse if they request to be assigned to the same post or country. The Secretary shall also provide a written justification to the requesting personnel explaining any denial of a request that would result in tandem spouses not serving together at the same post or country.

"(2) Tenured foreign service personnel.—The Secretary shall add family togetherness to the criteria when making a needs of the Service determination, as defined by the Foreign Affairs Manual, for the placement of tenured tandem Foreign Service personnel at United States diplomatic posts.

"(3) Updates to antinepotism policy.—The Secretary shall update antinepotism policies so that nepotism rules only apply when an employee and a relative are placed into positions wherein they jointly and exclusively control government resources, property, or money or establish government policy.

"(4) Temporary supervision of tandem spouse.—The Secretary shall update policies to allow for a tandem spouse to temporarily supervise another tandem spouse for up to 90 days in a calendar year, including at a United States diplomatic mission.

"(d) Report.—Not later than 90 days after the date of enactment of this division, and annually thereafter for two years, the Secretary shall submit to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] a report that includes—

"(1) the number of Foreign Service tandem spouses currently serving;

"(2) the number of Foreign Service tandems currently serving in separate locations, or, to the extent possible, that are on leave without pay (LWOP); and

"(3) an estimate of the cost savings that would result if all Foreign Service tandem spouses were placed at a single post."

Report Respecting Policies and Procedures Adopted To Improve Competitive Ability of Personnel

Pub. L. 98–164, title I, §130(c), Nov. 22, 1983, 97 Stat. 1028, directed Secretary of State, not later than one year after Nov. 22, 1983, to submit a report to Speaker of House of Representatives and chairman of Committee on Foreign Relations of Senate describing policies and procedures adopted pursuant to the amendment made by section 130(b) of Pub. L. 98–164, adding subsec. (d) of this section, prior to repeal by Pub. L. 103–236, title I, §139(10), Apr. 30, 1994, 108 Stat. 398.

Executive Documents

Delegation of Functions

Functions of President under subsec. (c) delegated to Secretary of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as a note under section 3901 of this title.

1 See References in Text note below.
22 U.S.C. § 213 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 4: PASSPORTS / Section 213: Application for passport; verification by oath of initial passport
Application for passport; verification by oath of initial passport
Status: in_force

Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application which shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. If the applicant has not previously been issued a United States passport, the application shall be duly verified by his oath before a person authorized and empowered by the Secretary of State to administer oaths. Each passport application made available to potential applicants (DS–11) and each passport renewal application made available to current passport holders (DS–82) shall include a form that, if completed, indicates the applicant's consent to the disclosure of information otherwise protected under section 552a of title 5 (commonly known as the "Privacy Act of 1974") in the event such applicant is determined to be wrongfully detained by a foreign government. Declining to complete such form shall not affect the issuance of a passport to a qualified applicant or diplomatic efforts to secure the release of a United States national from the custody of a foreign government or entity.

(June 15, 1917, ch. 30, title IX, §1, 40 Stat. 227; Pub. L. 90–428, §3, July 26, 1968, 82 Stat. 446; Pub. L. 118–159, div. G, title LXXVII, §7706(b), Dec. 23, 2024, 138 Stat. 2555.)

Editorial Notes

Codification

Second sentence of act June 15, 1917, which related to fees for taking application for passport, was omitted as superseded by sections 214 to 217a of this title.

Amendments

2024—Pub. L. 118–159 inserted at end "Each passport application made available to potential applicants (DS–11) and each passport renewal application made available to current passport holders (DS–82) shall include a form that, if completed, indicates the applicant's consent to the disclosure of information otherwise protected under section 552a of title 5 (commonly known as the 'Privacy Act of 1974') in the event such applicant is determined to be wrongfully detained by a foreign government. Declining to complete such form shall not affect the issuance of a passport to a qualified applicant or diplomatic efforts to secure the release of a United States national from the custody of a foreign government or entity."

1968—Pub. L. 90–428 substituted provisions requiring that the initial passport application be duly verified under oath before a person authorized and empowered by the Secretary of State to administer oaths for provisions requiring that each passport application be duly verified under oath before a person authorized and empowered to administer oaths.

Statutory Notes and Related Subsidiaries

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–428 effective on thirtieth day following July 26, 1968, see section 4 of Pub. L. 90–428, set out as a note under section 217a of this title.

Improvements Related to Hand-Carry Courier Services for Passport Applications and Passports

Pub. L. 118–159, div. G, title LXXV, §7507(b), Dec. 23, 2024, 138 Stat. 2547, provided that:

"(1) In general.—The Secretary [of State] shall take such steps as may be necessary to—

"(A) facilitate an increase in the number of companies certified to provide hand-carry courier services;

"(B) increase the daily maximum number of applications for United States passports, by type, that such companies may submit to a passport agency of the Department [of State] (commonly referred to as 'meeting slots') as part of the hand-carry courier services of such company; and

"(C) facilitate citizens' awareness of the tools applicants may use to locate companies certified to provide hand-carry courier services, including adding contact information in the form of a weblink, phone number, or physical office address to the online list of registered courier companies.

"(2) Hand-carry courier service defined.—In this section, the term 'hand-carry courier service' includes—

"(A) the transport of applications for United States passports to a passport agency of the Department for processing; and

"(B) the retrieval of newly issued United States passports for delivery, directly or indirectly, to the passport holder."

Strengthening Passport Customer Visibility and Transparency

Pub. L. 118–31, div. F, title LXI, §6106, Dec. 22, 2023, 137 Stat. 966, provided that:

"(a) Online Status Tool.—Not later than 2 years after the date of the enactment of this division [Dec. 22, 2023], the Department [of State] should modernize the online passport application status tool to include, to the greatest extent possible, step by step updates on the status of passport applications, including with respect to the following stages:

"(1) Submitted for processing.

"(2) In process at a lockbox facility.

"(3) Awaiting adjudication.

"(4) In process of adjudication.

"(5) Adjudicated with a result of approval or denial.

"(6) Materials shipped.

"(b) Additional Information.—The tool pursuant to subsection (a) should include a display that informs each passport applicant of—

"(1) the date on which his or her passport application was received; and

"(2) the estimated wait time remaining in the passport application process.

"(c) Report.—Not later than 90 days after the date of the enactment of this division, the Secretary shall submit a report to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] that outlines a plan for coordinated comprehensive public outreach to increase public awareness and understanding of—

"(1) the online status tool required under subsection (a);

"(2) passport travel advisories required under section 6103 [22 U.S.C. 211a note]; and

"(3) passport wait times."

Publication and Updates of Estimated Time for Processing of Passport Applications

Pub. L. 118–31, div. F, title LXI, §6108, Dec. 22, 2023, 137 Stat. 967, provided that: "The Secretary [of State] shall publish and update on a quarterly basis on relevant websites of the Department [of State] the estimated time for processing of passport applications."

Use of Commercially Available Technology in Online Passport Renewal Program

Pub. L. 118–31, div. F, title LXI, §6111, Dec. 22, 2023, 137 Stat. 968, provided that: "The Secretary [of State] shall take such steps as may be necessary to compare and use the best commercially available technology in the private sector, as determined by the Secretary, in the development of the Department [of State]'s online passport renewal program or any successor program."

Agreements With Foreign Countries Regarding Passports Nearing Expiration

Pub. L. 118–31, div. F, title LXI, §6113, Dec. 22, 2023, 137 Stat. 968, provided that: "The President, acting through the Secretary [of State], shall seek to reach agreements with the governments of foreign countries that do not accept United States passports that are at or within 6 months of expiration to allow for the use of such United States passports."

Return of Supporting Documents for Passport Applications Through United States Postal Service Certified Mail

Pub. L. 117–263, div. I, title XCVII, §9714, Dec. 23, 2022, 136 Stat. 3921, provided that:

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary shall establish a procedure that provides, to any individual applying for a new United States passport or to renew the United States passport of the individual by mail, the option to have supporting documents for the application returned to the individual by the United States Postal Service through certified mail.

"(b) Cost.—

"(1) Responsibility.—The cost of returning supporting documents to an individual as described in subsection (a) shall be the responsibility of the individual.

"(2) Fee.—The fee charged to the individual by the Secretary for returning supporting documents as described in subsection (a) shall be the sum of—

"(A) the retail price charged by the United States Postal Service for the service; and

"(B) the estimated cost of processing the return of the supporting documents.

"(3) Report.—Not later than 30 days after the establishment of the procedure required under subsection (a), the Secretary shall submit a report to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] that—

"(A) details the costs included in the processing fee described in paragraph (2); and

"(B) includes an estimate of the average cost per request."

Issuance of Passports for Children Under Age 14

Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title II, §236], Nov. 29, 1999, 113 Stat. 1536, 1501A–430, provided that:

"(a) In General.—

"(1) Regulations.—Not later than 1 year after the date of the enactment of this Act [Nov. 29, 1999], the Secretary of State shall issue regulations providing that before a child under the age of 14 years is issued a passport the requirements under paragraph (2) shall apply under penalty of perjury.

"(2) Requirements.—

"(A) Both parents, or the child's legal guardian, must execute the application and provide documentary evidence demonstrating that they are the parents or guardian; or

"(B) the person executing the application must provide documentary evidence that such person—

"(i) has sole custody of the child;

"(ii) has the consent of the other parent to the issuance of the passport; or

"(iii) is in loco parentis and has the consent of both parents, of a parent with sole custody over the child, or of the child's legal guardian, to the issuance of the passport.

"(b) Exceptions.—The regulations required by subsection (a) may provide for exceptions in exigent circumstances, such as those involving the health or welfare of the child, or when the Secretary determines that issuance of a passport is warranted by special family circumstances."
22 U.S.C. § 6442 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 73: INTERNATIONAL RELIGIOUS FREEDOM / Subchapter III: PRESIDENTIAL ACTIONS / Section 6442: Presidential actions in response to particularly severe violations of religious freedom
Presidential actions in response to particularly severe violations of religious freedom
Status: in_force

(a) Response to particularly severe violations of religious freedom

(1) United States policy

It shall be the policy of the United States—

(A) to oppose particularly severe violations of religious freedom that are or have been engaged in or tolerated by the governments of foreign countries; and

(B) to promote the right to freedom of religion in those countries through the actions described in subsection (c).

(2) Requirement of Presidential action

Whenever the President determines that the government of a foreign country has engaged in or tolerated particularly severe violations of religious freedom, the President shall oppose such violations and promote the right to religious freedom through one or more of the actions described in subsection (c).

(b) Designations of countries of particular concern for religious freedom

(1) Annual review

(A) In general

Not later than 90 days after the date on which each Annual Report is submitted under section 6412(b) of this title, the President shall—

(i) review the status of religious freedom in each foreign country to determine whether the government of that country has engaged in or tolerated particularly severe violations of religious freedom in each such country during the preceding 12 months or longer;

(ii) designate each country the government of which has engaged in or tolerated violations described in clause (i) as a country of particular concern for religious freedom; and

(iii) designate each country that engaged in or tolerated severe violations of religious freedom during the previous year, but does not meet, in the opinion of the President at the time of publication of the Annual Report, all of the criteria described in section 6402(15) of this title for designation under clause (ii) as being placed on a "Special Watch List".

(B) Basis of review

Each review conducted under subparagraph (A) shall be based upon information contained in the latest Country Reports on Human Rights Practices, the Annual Report, and on any other evidence available and shall take into account any findings or recommendations by the Commission with respect to the foreign country.

(C) Implementation

Any review under subparagraph (A) of a foreign country may take place singly or jointly with the review of one or more countries and may take place at any time before the date on which each Annual Report is submitted under section 6412(b) of this title.

(2) Determinations of responsible parties

For the government of each country designated as a country of particular concern for religious freedom under paragraph (1)(A), the President shall seek to determine the agency or instrumentality thereof and the specific officials thereof that are responsible for the particularly severe violations of religious freedom engaged in or tolerated by that government in order to appropriately target Presidential actions under this section in response.

(3) Congressional notification

(A) In general

Whenever the President designates a country as a country of particular concern for religious freedom under paragraph (1)(A)(ii), the President, not later than 90 days after such designation, shall submit to the appropriate congressional committees—

(i) the designation of the country, signed by the President;

(ii) the identification, if any, of responsible parties determined under paragraph (2); and

(iii) a description of the actions taken under subsection (c), the purposes of the actions taken, and the effectiveness of the actions taken.

(B) Removal of designation

A country that is designated as a country of particular concern for religious freedom under paragraph (1)(A)(ii) shall retain such designation until the President determines and reports to the appropriate congressional committees that the country should no longer be so designated.

(4) Effect on designation as country of particular concern

The presence or absence of a country from the Special Watch List in any given year shall not preclude the designation of such country as a country of particular concern for religious freedom under paragraph (1)(A)(ii) in any such year.

(c) Presidential actions with respect to countries of particular concern for religious freedom

(1) In general

Subject to paragraphs (2), (3), (4), and (5) with respect to each country of particular concern for religious freedom designated under subsection (b)(1)(A), the President shall, after the requirements of sections 6443 and 6444 of this title have been satisfied, but not later than 90 days (or 180 days in case of a delay under paragraph (3)) after the date of designation of the country under that subsection, carry out one or more of the following actions under subparagraph (A) or subparagraph (B):

(A) Presidential actions

One or more of the Presidential actions described in paragraphs (9) through (15) of section 6445(a) of this title, as determined by the President.

(B) Commensurate actions

Commensurate action in substitution to any action described in subparagraph (A).

(2) Substitution of binding agreements

(A) In general

In lieu of carrying out action under paragraph (1), the President may conclude a binding agreement with the respective foreign government as described in section 6445(c) of this title. The existence of a binding agreement under this paragraph with a foreign government may be considered by the President prior to making any determination or taking any action under this subchapter.

(B) Statutory construction

Nothing in this paragraph may be construed to authorize the entry of the United States into an agreement covering matters outside the scope of violations of religious freedom.

(3) Authority for delay of Presidential actions

If, on or before the date that the President is required (but for this paragraph) to take action under paragraph (1), the President determines and certifies to Congress that a single, additional period of time not to exceed 90 days is necessary—

(A) for a continuation of negotiations that have been commenced with the government of that country to bring about a cessation of the violations by the foreign country;

(B) for a continuation of multilateral negotiations into which the United States has entered to bring about a cessation of the violations by the foreign country;

(C)(i) for a review of corrective action taken by the foreign country after designation of such country as a country of particular concern; or

(ii) in anticipation that corrective action will be taken by the foreign country during the 90-day period,

then the President shall not be required to take action until the expiration of that period of time.

(4) Exception for ongoing Presidential action under this chapter

The President shall not be required to take action pursuant to this subsection in the case of a country of particular concern for religious freedom, if with respect to such country—

(A) the President has taken action pursuant to this chapter in a preceding year;

(B) such action is in effect at the time the country is designated as a country of particular concern for religious freedom under this section; and

(C) the President reports to Congress the information described in section 6444(a)(1), (2), (3), and (4) of this title regarding the actions in effect with respect to the country.

(5) Exception for ongoing, multiple, broad-based sanctions in response to human rights violations

At the time the President determines a country to be a country of particular concern, if that country is already subject to multiple, broad-based sanctions imposed in significant part in response to human rights abuses, and such sanctions are ongoing, the President may determine that one or more of these sanctions also satisfies the requirements of this subsection. In a report to Congress pursuant to section 6444(a)(1), (2), (3), and (4) of this title, and, as applicable, to section 6448 of this title, the President shall designate the specific sanction or sanctions that the President determines satisfy the requirements under this subsection and include a description of the impact of such sanction or sanctions on each country. The sanctions so designated shall remain in effect subject to section 6449 of this title.

(d) Statutory construction

A determination under this chapter, or any amendment made by this chapter, that a foreign country has engaged in or tolerated particularly severe violations of religious freedom shall not be construed to require the termination of assistance or other activities with respect to that country under any other provision of law, including section 2151n or 2304 of this title.

(Pub. L. 105–292, title IV, §402, Oct. 27, 1998, 112 Stat. 2802; Pub. L. 106–55, §2(a), Aug. 17, 1999, 113 Stat. 405; Pub. L. 114–281, title III, §302, Dec. 16, 2016, 130 Stat. 1434.)

Editorial Notes

References in Text

This subchapter, referred to in subsec. (c)(2)(A), was in the original "this title", meaning title IV of Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2800, which is classified principally to this subchapter. For complete classification of title IV to the Code, see Tables.

This chapter, referred to in subsecs. (c)(4) and (d), was in the original "this Act", meaning Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2787, known as the International Religious Freedom Act of 1998, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables.

Amendments

2016—Subsec. (b)(1)(A). Pub. L. 114–281, §302(1)(A)(i), amended subpar. (A) generally. Prior to amendment, text read as follows: "Not later than September 1 of each year, the President shall review the status of religious freedom in each foreign country to determine whether the government of that country has engaged in or tolerated particularly severe violations of religious freedom in that country during the preceding 12 months or since the date of the last review of that country under this subparagraph, whichever period is longer. The President shall designate each country the government of which has engaged in or tolerated violations described in this subparagraph as a country of particular concern for religious freedom."

Subsec. (b)(1)(C). Pub. L. 114–281, §302(1)(A)(ii), substituted "before the date on which each Annual Report is submitted under section 6412(b) of this title" for "prior to September 1 of the respective year".

Subsec. (b)(3). Pub. L. 114–281, §302(1)(B), amended par. (3) generally. Prior to amendment, text read as follows: "Whenever the President designates a country as a country of particular concern for religious freedom under paragraph (1)(A), the President shall, as soon as practicable after the designation is made, transmit to the appropriate congressional committees—

"(A) the designation of the country, signed by the President; and

"(B) the identification, if any, of responsible parties determined under paragraph (2)."

Subsec. (b)(4). Pub. L. 114–281, §302(1)(C), added par. (4).

Subsec. (c)(5). Pub. L. 114–281, §302(2), substituted "the President shall designate the specific sanction or sanctions that the President determines satisfy the requirements under this subsection and include a description of the impact of such sanction or sanctions on each country." for "the President must designate the specific sanction or sanctions which he determines satisfy the requirements of this subsection."

1999—Subsec. (c)(1). Pub. L. 106–55, §2(a)(1), substituted "(4), and (5)" for "and (4)" in introductory provisions.

Subsec. (c)(4). Pub. L. 106–55, §2(a)(2)(A), inserted "under this chapter" after "Exception for ongoing Presidential action" in heading.

Subsec. (c)(4)(B) to (D), (5). Pub. L. 106–55, §2(a)(2)(B)–(D), inserted "and" at end of subpar. (B), substituted period for "; and" at end of subpar. (C), redesignated subpar. (D) as par. (5), inserted par. heading, and substituted "At the time" for "at the time".
22 U.S.C. § 1466 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 18: UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS / Subchapter VI: ADVISORY COMMISSIONS TO FORMULATE POLICIES / Section 1466: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Sections 1466 to 1468 of this title, contained provisions relating to the United States Advisory Commission on Information, and the United States Advisory Commission on Educational Exchange. Public Law 87–256, §§106, 111(a)(2), Sept. 21, 1961, 75 Stat. 532, 538, replaced the Advisory Commission on Educational Exchange with the Advisory Commission on International Educational and Cultural Affairs and repealed these sections insofar as they related to the Advisory Commission on Educational Exchange. The Advisory Commission on International Educational and Cultural Affairs and the Advisory Commission on Information were both abolished by Reorg. Plan No. 2 of 1977, §9(a)(3), (4), 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.

Section 1466, acts Jan. 27, 1948, ch. 36, §601, 62 Stat. 10; Sept. 21, 1961, Pub. L. 87–256, §111(a)(2), 75 Stat. 538, created the United States Advisory Commission on Information, and the United States Advisory Commission on Educational Exchange and provided for the duties of the Commissions.

Section 1467, acts Jan. 27, 1948, ch. 36, title VI, §602, 62 Stat. 10; Sept. 21, 1961, Pub. L. 87–256, §111(a)(2), 75 Stat. 538, provided for the composition, membership, terms of office, compensation, designation of chairmen, rules and regulations, and representation of the public interest, for the Commission on Information and the Commission on Educational Exchange.

Section 1468, acts Jan. 27, 1948, ch. 36, title VI, §603, 62 Stat. 11; Sept. 21, 1961, Pub. L. 87–256, §111(a)(2), 75 Stat. 538, provided that the Commissions report to Congress on programs and activities carried out under this chapter, including recommendations for effectuating the purposes and objectives of this chapter.
22 U.S.C. § 258a (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 6: FOREIGN DIPLOMATIC AND CONSULAR OFFICERS / Section 258a: Enforcement of awards of foreign consuls
Enforcement of awards of foreign consuls
Status: in_force

The district courts and the United States magistrate judges shall have power to carry into effect, according to the true intent and meaning thereof, the award or arbitration or decree of any consul, vice consul or commercial agent of any foreign nation, made or rendered by virtue of authority conferred on him as such consul, vice consul, or commercial agent, to sit as judge or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge, application for the exercise of such power being first made to such court or magistrate judge, by petition of such consul, vice consul, or commercial agent. And said courts and magistrate judges may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto by imprisonment in the jail or other place of confinement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in writing of such consul, vice consul, or commercial agent, or his successor in office, or by the authority of the foreign government appointing such consul, vice consul, or commercial agent. The expenses of the said imprisonment and maintenance of the prisoners, and the cost of the proceedings, shall be borne by such foreign government, or by its consul, vice consul, or commercial agent requiring such imprisonment. The marshals of the United States shall serve all such process, and do all other acts necessary and proper to carry into effect the premises, under the authority of the said courts and magistrate judges.

(Mar. 3, 1911, ch. 231, §271, 36 Stat. 1163; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Editorial Notes

Codification

Section was formerly classified to section 393 of Title 28 prior to the general revision and enactment of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, §1, 62 Stat. 869.

Statutory Notes and Related Subsidiaries

Change of Name

"United States magistrate judges", "magistrate judge", and "magistrate judges" substituted in text for "United States magistrates", "magistrate", and "magistrates", respectively, pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "magistrate" substituted for "commissioner" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.
22 U.S.C. § 8806 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 95: IRAN FREEDOM AND COUNTERPROLIFERATION / Section 8806: Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of specially designated nationals
Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of specially designated nationals
Status: in_force

(a) In general

Except as provided in this section, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has, on or after the date that is 180 days after January 2, 2013, knowingly facilitated a significant financial transaction on behalf of any Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)).

(b) Iranian financial institutions described

An Iranian financial institution described in this subsection is an Iranian financial institution that has not been designated for the imposition of sanctions in connection with—

(1) Iran's proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction;

(2) Iran's support for international terrorism; or

(3) Iran's abuses of human rights.

(c) Humanitarian exception

The President may not impose sanctions under subsection (a) with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran.

(d) Applicability of sanctions to petroleum and petroleum products

(1) In general

Except as provided in paragraph (2), subsection (a) shall apply with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran only if, at the time of the transaction, a determination of the President under section 8513a(d)(4)(B) of this title that the price and supply of petroleum and petroleum products produced in countries other than Iran is sufficient to permit purchasers of petroleum and petroleum products from Iran to reduce significantly their purchases from Iran is in effect.

(2) Exception for certain countries

(A) In general

Subsection (a) shall not apply with respect to a financial transaction described in subparagraph (B) conducted or facilitated by a foreign financial institution if, at the time of the transaction, the exception under section 8513a(d)(4)(D)(i) of this title applies to the country with primary jurisdiction over the foreign financial institution.

(B) Financial transactions described

A financial transaction conducted or facilitated by a foreign financial institution is described in this subparagraph if—

(i) the financial transaction is only for trade in goods or services—

(I) not otherwise subject to sanctions under the law of the United States; and

(II) between the country with primary jurisdiction over the foreign financial institution and Iran; and

(ii) any funds owed to Iran as a result of such trade are credited to an account located in the country with primary jurisdiction over the foreign financial institution.

(e) Applicability of sanctions to natural gas

Subsection (a) shall apply to a foreign financial institution that conducts or facilitates a financial transaction for the sale, supply, or transfer to or from Iran of natural gas unless—

(1) the financial transaction is only for trade in goods or services—

(A) not otherwise subject to sanctions under the law of the United States; and

(B) between the country with primary jurisdiction over the foreign financial institution and Iran; and

(2) any funds owed to Iran as a result of such trade are credited to an account located in the country with primary jurisdiction over the foreign financial institution.

(f) Waiver

(1) In general

The President may waive the imposition of sanctions under subsection (a) for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President—

(A) determines that such a waiver is vital to the national security of the United States; and

(B) submits to the appropriate congressional committees a report providing a justification for the waiver.

(2) Form of report

Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.

(Pub. L. 112–239, div. A, title XII, §1247, Jan. 2, 2013, 126 Stat. 2013.)

Executive Documents

Delegation of Functions

For delegation of certain functions and authorities vested in the President by this section, see Memorandum of President of the United States, June 3, 2013, 78 F.R. 35545, set out as a note under section 8801 of this title.
22 U.S.C. § 2368 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 32: FOREIGN ASSISTANCE / Subchapter III: GENERAL AND ADMINISTRATIVE PROVISIONS / Section 2368: Assistance for a reconstruction and stabilization crisis
Assistance for a reconstruction and stabilization crisis
Status: in_force

(a) Assistance

(1) In general

If the President determines that it is in the national security interests of the United States for United States civilian agencies or non-Federal employees to assist in reconstructing and stabilizing a country or region that is at risk of, in, or is in transition from, conflict or civil strife, the President may, in accordance with the provisions set forth in section 2364(a)(3) of this title, but notwithstanding any other provision of law, and on such terms and conditions as the President may determine, furnish assistance to such country or region for reconstruction or stabilization using funds described in paragraph (2).

(2) Funds described

The funds referred to in paragraph (1) are funds made available under any other provision of this chapter, and transferred or reprogrammed for purposes of this section, and such transfer or reprogramming shall be subject to the procedures applicable to a notification under section 2394–1 of this title.

(3) Rule of construction

Nothing in this section shall be construed to provide authority to transfer funds between accounts or between Federal departments or agencies.

(b) Limitation

The authority contained in this section may be exercised only during fiscal years 2009, 2010, and 2011.

(Pub. L. 87–195, pt. III, §618, as added Pub. L. 110–417, [div. A], title XVI, §1604, Oct. 14, 2008, 122 Stat. 4654.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(2), was in the original "this Act", meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, 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.

Prior Provisions

A prior 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, prior to repeal by Pub. L. 95–424, title VI, §§604, 605, Oct. 6, 1978, 92 Stat. 961, effective Oct. 1, 1978.

Another prior section 2368, Pub. L. 87–195, pt. III, §618, Sept. 4, 1961, 75 Stat. 444, related to economic assistance to Latin America, prior to repeal by Pub. L. 87–565, pt. III, §301(c), Aug. 1, 1962, 76 Stat. 260.

Statutory Notes and Related Subsidiaries

Findings

Pub. L. 110–417, [div. A], title XVI, §1602, Oct. 14, 2008, 122 Stat. 4653, as amended by Pub. L. 111–383, div. A, title X, §1075(e)(18), Jan. 7, 2011, 124 Stat. 4375, provided that: "Congress finds the following:

"(1) In June 2004, the Office of the Coordinator for Reconstruction and Stabilization (referred to as the 'Coordinator') was established in the Department of State with the mandate to lead, coordinate, and institutionalize United States Government civilian capacity to prevent or prepare for post-conflict situations and help reconstruct and stabilize a country or region that is at risk of, in, or is in transition from, conflict or civil strife.

"(2) In December 2005, the Coordinator's mandate was reaffirmed by the National Security Presidential Directive 44, which instructed the Secretary of State, and at the Secretary's direction, the Coordinator, to coordinate and lead integrated United States Government efforts, involving all United States departments and agencies with relevant capabilities, to prepare, plan for, and conduct reconstruction and stabilization operations.

"(3) National Security Presidential Directive 44 assigns to the Secretary, with the Coordinator's assistance, the lead role to develop reconstruction and stabilization strategies, ensure civilian interagency program and policy coordination, coordinate interagency processes to identify countries at risk of instability, provide decision-makers with detailed options for an integrated United States Government response in connection with reconstruction and stabilization operations, and carry out a wide range of other actions, including the development of a civilian surge capacity to meet reconstruction and stabilization emergencies. The Secretary and the Coordinator are also charged with coordinating with the Department of Defense on reconstruction and stabilization responses, and integrating planning and implementing procedures.

"(4) The Department of Defense issued Directive 3000.05, which establishes that stability operations are a core United States military mission that the Department of Defense must be prepared to conduct and support, provides guidance on stability operations that will evolve over time, and assigns responsibilities within the Department of Defense for planning, training, and preparing to conduct and support stability operations.

"(5) The President's Fiscal Year 2009 Budget Request to Congress includes $248.6 million for a Civilian Stabilization Initiative that would vastly improve civilian partnership with United States Armed Forces in post-conflict stabilization situations, including by establishing an Active Response Corps of 250 persons, a Standby Response Corps of 2,000 persons, and a Civilian Response Corps of 2,000 persons."

Reconstruction and Stabilization Strategy

Pub. L. 110–417, [div. A], title XVI, §1607, Oct. 14, 2008, 122 Stat. 4657, provided that:

"(a) In General.—The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall develop an interagency strategy to respond to reconstruction and stabilization operations.

"(b) Contents.—The strategy required under subsection (a) shall include the following:

"(1) Identification of and efforts to improve the skills sets needed to respond to and support reconstruction and stabilization operations in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife.

"(2) Identification of specific agencies that can adequately satisfy the skills sets referred to in paragraph (1).

"(3) Efforts to increase training of Federal civilian personnel to carry out reconstruction and stabilization activities.

"(4) Efforts to develop a database of proven and best practices based on previous reconstruction and stabilization operations.

"(5) A plan to coordinate the activities of agencies involved in reconstruction and stabilization operations."

[For definition of "personnel" as used in section 1607 of Pub. L. 110–417, set out above, see section 1603 of Pub. L. 110–417, set out as a note under section 2734a of this title.]
22 U.S.C. § 2321h (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 32: FOREIGN ASSISTANCE / Subchapter II: MILITARY ASSISTANCE AND SALES / Section 2321h: Stockpiling of defense articles for foreign countries
Stockpiling of defense articles for foreign countries
Status: in_force

(a) Transfer of defense articles

No defense article in the inventory of the Department of Defense which is set aside, reserved, or in any way earmarked or intended for future use by any foreign country may be made available to or for use by any foreign country unless such transfer is authorized under this chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.] or any subsequent corresponding legislation, and the value of such transfer is charged against funds authorized under such legislation or against the limitations specified in such legislation, as appropriate, for the fiscal period in which such defense article is transferred. For purposes of this subsection, "value" means the acquisition cost plus crating, packing, handling, and transportation costs incurred in carrying out this section.

(b) Fiscal year limits on new stockpiles or additions to existing stockpiles located in foreign countries

(1) The value of defense articles to be set aside, earmarked, reserved, or intended for use as war reserve stocks for allied or other foreign countries (other than for purposes of the North Atlantic Treaty Organization or in the implementation of agreements with Israel) in stockpiles located in foreign countries may not exceed in any fiscal year an amount that is specified in security assistance authorizing legislation for that fiscal year.

(2)(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $500,000,000 for any of the fiscal years 2023, 2024, 2025 and 2026.

(B) Of the amount specified in subparagraph (A) for a fiscal year, not more than $200,000,000 may be made available for stockpiles in the State of Israel.

(c) Location of stockpiles of defense articles

(1) Limitation

Except as provided in paragraph (2), no stockpile of defense articles may be located outside the boundaries of a United States military base or a military base used primarily by the United States.

(2) Exceptions

Paragraph (1) shall not apply with respect to stockpiles of defense articles located in the Republic of Korea, Thailand, Taiwan, any country that is a member of the North Atlantic Treaty Organization, any country that is a major non-NATO ally, or any other country the President may designate. At least 15 days before designating a country pursuant to the last clause of the preceding sentence, the President shall notify the congressional committees specified in section 2394–1(a) of this title in accordance with the procedures applicable to reprogramming notifications under that section.

(d) Transferred articles not to be considered excess articles in determining value

No defense article transferred from any stockpile which is made available to or for use by any foreign country may be considered an excess defense article for the purpose of determining the value thereof.

(Pub. L. 87–195, pt. II, §514, as added Pub. L. 93–559, §15, Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94–329, title I, §103, June 30, 1976, 90 Stat. 730; Pub. L. 95–92, §6, Aug. 4, 1977, 91 Stat. 615; Pub. L. 95–384, §8, Sept. 26, 1978, 92 Stat. 732; Pub. L. 96–92, §6(a), Oct. 29, 1979, 93 Stat. 703; Pub. L. 96–533, title I, §113, Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97–113, title I, §111, Dec. 29, 1981, 95 Stat. 1527; Pub. L. 98–473, title I, §101(1) [title V, §541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; Pub. L. 99–83, title I, §124, Aug. 8, 1985, 99 Stat. 205; Pub. L. 100–202, §101(e) [title III, §301], Dec. 22, 1987, 101 Stat. 1329–131, 1329–147; Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 101–167, title V, §587(b), Nov. 21, 1989, 103 Stat. 1253; Pub. L. 101–510, div. A, title XIII, §1303(b), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 101–513, title V, §573, Nov. 5, 1990, 104 Stat. 2042; Pub. L. 102–391, title V, §569, Oct. 6, 1992, 106 Stat. 1681; Pub. L. 103–87, title V, §535, Sept. 30, 1993, 107 Stat. 955; Pub. L. 103–306, title V, §535, Aug. 23, 1994, 108 Stat. 1637; Pub. L. 104–107, title V, §531B, Feb. 12, 1996, 110 Stat. 732; Pub. L. 105–118, title V, §575, Nov. 26, 1997, 111 Stat. 2433; Pub. L. 105–277, div. A, §101(d) [title V, §571], Oct. 21, 1998, 112 Stat. 2681–150, 2681–198; Pub. L. 106–113, div. B, §§1000(a)(2) [title V, §584], 1000(a)(7) [div. B, title XII, §1231], Nov. 29, 1999, 113 Stat. 1535, 1536, 1501A–117, 1501A–499; Pub. L. 106–280, title I, §111, Oct. 6, 2000, 114 Stat. 849; Pub. L. 107–228, div. B, title XII, §1261, Sept. 30, 2002, 116 Stat. 1434; Pub. L. 108–287, title X, §12002, Aug. 5, 2004, 118 Stat. 1011; Pub. L. 109–472, §13(a)(2), Jan. 11, 2007, 120 Stat. 3559; Pub. L. 111–266, title III, §302(b), Oct. 8, 2010, 124 Stat. 2804; Pub. L. 112–150, §5(a)(2), July 27, 2012, 126 Stat. 1148; Pub. L. 113–296, §5(b), Dec. 19, 2014, 128 Stat. 4076; Pub. L. 114–113, div. K, title VII, §7034(k)(11)(B), Dec. 18, 2015, 129 Stat. 2765; Pub. L. 115–31, div. J, title VII, §7034(k)(7)(B), May 5, 2017, 131 Stat. 651; Pub. L. 115–141, div. K, title VII, §7034(l)(7)(B), Mar. 23, 2018, 132 Stat. 896; Pub. L. 116–6, div. F, title VII, §7049(b)(4)(B), Feb. 15, 2019, 133 Stat. 366; Pub. L. 116–94, div. G, title VII, §7035(b)(3)(B), Dec. 20, 2019, 133 Stat. 2878; Pub. L. 116–260, div. K, title VII, §7035(b)(3)(B), Dec. 27, 2020, 134 Stat. 1756; Pub. L. 116–283, div. A, title XII, §1274(b), Jan. 1, 2021, 134 Stat. 3979; Pub. L. 117–103, div. K, title VII, §7035(b)(3)(B), Mar. 15, 2022, 136 Stat. 628; Pub. L. 117–263, div. E, title LV, §5503(a), (c)(1), Dec. 23, 2022, 136 Stat. 3298; Pub. L. 118–47, div. F, title VII, §7035(b)(5), Mar. 23, 2024, 138 Stat. 796.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, 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, 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.

Codification

Amendment by Pub. L. 98–473 is based on section 116(a) 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.

Amendments

2024—Subsec. (b)(2)(A). Pub. L. 118–47 substituted "2025 and 2026" for "or 2025".

2022—Subsec. (b)(2)(A). Pub. L. 117–263, §5503(a), substituted "$500,000,000 for any of the fiscal years 2023, 2024, or 2025." for "$200,000,000 for each of fiscal years 2021, 2022, 2023, 2024, and 2025."

Pub. L. 117–103 substituted "2023, 2024, and 2025" for "and 2023".

Subsec. (c)(2). Pub. L. 117–263, §5503(c)(1), inserted "Taiwan," after "Thailand,".

2021—Subsec. (b)(2)(A). Pub. L. 116–283, which directed substitution of "2021, 2022, 2023, 2024, and 2025" for "2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020", could not be executed because of the intervening amendments by Pub. L. 116–260 and Pub. L. 116–94. See 2020 and 2019 Amendment notes below.

2020—Subsec. (b)(2)(A). Pub. L. 116–260 substituted "2021, 2022, and 2023" for "and 2021".

2019—Subsec. (b)(2)(A). Pub. L. 116–94 substituted "2020, and 2021" for "and 2020".

Pub. L. 116–6 substituted "2019, and 2020" for "and 2019".

2018—Subsec. (b)(2)(A). Pub. L. 115–141 substituted "2018, and 2019" for "and 2018".

2017—Subsec. (b)(2)(A). Pub. L. 115–31 substituted "2017, and 2018" for "and 2017".

2015—Subsec. (b)(2)(A). Pub. L. 114–113 substituted "2015, 2016, and 2017" for "and 2015".

2014—Subsec. (b)(2)(A). Pub. L. 113–296 substituted ", 2014, and 2015" for "and 2014".

2012—Subsec. (b)(2)(A). Pub. L. 112–150 substituted "fiscal years 2013 and 2014" for "fiscal years 2011 and 2012".

2010—Subsec. (b)(2)(A). Pub. L. 111–266 substituted "fiscal years 2011 and 2012" for "fiscal years 2007 and 2008".

2007—Subsec. (b)(2)(A). Pub. L. 109–472, §13(a)(2)(A), substituted "$200,000,000" for "$100,000,000" and "2007 and 2008" for "2004 and 2005".

Subsec. (b)(2)(B). Pub. L. 109–472, §13(a)(2)(B), substituted "$200,000,000" for "$100,000,000".

2004—Subsec. (b)(2)(A). Pub. L. 108–287, §12002(1), substituted "for each of fiscal years 2004 and 2005" for "for fiscal year 2003".

Subsec. (b)(2)(B). Pub. L. 108–287, §12002(2), substituted "for a fiscal year" for "for fiscal year 2003".

2002—Subsec. (b)(2). Pub. L. 107–228 amended par. (2) generally. Prior to amendment, par. (2) read as follows:

"(2)(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $50,000,000 for fiscal year 2001.

"(B) Of the amount specified in subparagraph (A), not more than $50,000,000 may be made available for stockpiles in the Republic of Korea."

2000—Subsec. (b)(2). Pub. L. 106–280 amended par. (2) generally. Prior to amendment, par. (2) read as follows:

"(2)(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $60,000,000 for fiscal year 2000.

"(B) Of the amount specified in subparagraph (A), not more than $40,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand."

1999—Subsec. (b)(2). Pub. L. 106–113, §1000(a)(7) [title XII, §1231], amended par. (2) generally. Prior to amendment, par. (2) read as follows:

"(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $340,000,000 for fiscal year 1999 and $60,000,000 for fiscal year 2000.

"(B) Of the amount specified in subparagraph (A) for fiscal year 1999, not more than $320,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand. Of the amount specified in subparagraph (A) for fiscal year 2000, not more than $40,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand."

Subsec. (b)(2)(A). Pub. L. 106–113, §1000(a)(2) [title V, §584(a)], inserted "and $60,000,000 for fiscal year 2000" before period at end and directed the striking of "$50,000,000 for each of the fiscal years 1996 and 1997, $60,000,000 for fiscal year 1998, and", which was executed by striking after "shall not exceed" text which did not include a comma after "1998" to reflect the probable intent of Congress.

Subsec. (b)(2)(B). Pub. L. 106–113, §1000(a)(2) [title V, §584(b)], struck out "Of the amount specified in subparagraph (A) for each of the fiscal years 1996 and 1997, not more than $40,000,000 may be made available for stockpiles in the Republic of Korea and not more than $10,000,000 may be made available for stockpiles in Thailand. Of the amount specified in subparagraph (A) for fiscal year 1998, not more than $40,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand. Of the amount specified in subparagraph (A) for fiscal year 1999, not more than $320,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand." after "(B)" and inserted at end "Of the amount specified in subparagraph (A) for fiscal year 2000, not more than $40,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand."

1998—Subsec. (b)(2)(A). Pub. L. 105–277, §101(d) [title V, §571(a)], substituted a comma for "and" after "1997" and inserted "and $340,000,000 for fiscal year 1999" before period at end.

Subsec. (b)(2)(B). Pub. L. 105–277, §101(d) [title V, §571(b)], inserted at end "Of the amount specified in subparagraph (A) for fiscal year 1999, not more than $320,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand."

1997—Subsec. (b)(2)(A). Pub. L. 105–118, §575(a), inserted "and $60,000,000 for fiscal year 1998" before period at end.

Subsec. (b)(2)(B). Pub. L. 105–118, §575(b), inserted at end "Of the amount specified in subparagraph (A) for fiscal year 1998, not more than $40,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand."

1996—Subsec. (b)(1). Pub. L. 104–107, §531B(a), inserted "or in the implementation of agreements with Israel" after "North Atlantic Treaty Organization".

Subsec. (b)(2). Pub. L. 104–107, §531B(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The value of such additions to stockpiles in foreign countries shall not exceed a total of $200,000,000 for stockpiles in Israel for fiscal years 1994 and 1995, up to $40,000,000 may be made available for stockpiles in the Republic of Korea, and up to $10,000,000 may be made available for stockpiles in Thailand for fiscal year 1995, up to $72,000,000 may be made available for stockpiles in the Republic of Korea, and up to $20,000,000 may be made available for stockpiles in Thailand."

Subsec. (c). Pub. L. 104–107, §531B(c), inserted heading and amended text generally. Prior to amendment, text read as follows: "Except for stockpiles in existence on June 30, 1976 and for stockpiles located in the Republic of Korea, Thailand, or countries which are members of the North Atlantic Treaty Organization, or major non-NATO allies, no stockpile may be located outside the boundaries of a United States military base or a military base used primarily by the United States."

1994—Subsec. (b)(2). Pub. L. 103–306 substituted "a total of $200,000,000 for stockpiles in Israel for fiscal years 1994 and 1995, up to $40,000,000 may be made available for stockpiles in the Republic of Korea, and up to $10,000,000 may be made available for stockpiles in Thailand for fiscal year 1995" for "$200,000,000 for stockpiles in Israel for fiscal year 1994".

1993—Subsec. (b)(2). Pub. L. 103–87 which directed amendment of par. (2) "by striking out '$389,000,000 for fiscal year 1993, of which amount not less than $200,000,000 shall be available for stockpiles in Israel, and up to $189,000,000 may be available for stockpiles in the Republic of Korea' and inserting in lieu thereof '$200,000,000 for stockpiles in Israel for fiscal year 1994', up to $72,000,000 may be made available for stockpiles in the Republic of Korea, and up to $20,000,000 may be made available for stockpiles in Thailand." was executed as if the end quotation mark for the inserted material followed "Thailand" rather than following "1994" to reflect the probable intent of Congress.

1992—Subsec. (b)(2). Pub. L. 102–391, which directed the substitution of "$389,000,000 for fiscal year 1993, of which amount not less than $200,000,000 shall be available for stockpiles in Israel, and up to $189,000,000 may be available for stockpiles in the Republic of Korea" for "$378,000,000 for fiscal year 1991, of which amount not less than $300,000,000 shall be available for stockpiles in Israel", was executed by making such substitution for "$378,000,000 for fiscal year 1991, of which amount not less than $300,000,000 shall be for stockpiles in Israel", to reflect the probable intent of Congress.

1990—Subsec. (b)(2). Pub. L. 101–513, §573(b), substituted "$378,000,000 for fiscal year 1991, of which amount not less than $300,000,000 shall be for stockpiles in Israel" for "$165,000,000 for fiscal year 1990".

Subsec. (c). Pub. L. 101–513, §573(a), inserted "or major non-NATO allies," after "Organization,".

Subsec. (e). Pub. L. 101–510 struck out subsec. (e) which read as follows: "The President shall promptly report to the Congress each new stockpile, or addition to an existing stockpile, described in this section of defense articles valued in excess of $10,000,000 in any fiscal year."

1989—Subsec. (b)(1). Pub. L. 101–167, §587(b)(1), substituted "an amount that is specified" for "an amount greater than is specified".

Subsec. (b)(2). Pub. L. 101–167, §587(b)(2), substituted "$165,000,000 for fiscal year 1990" for "$77,000,000 for fiscal year 1989".

1988—Subsec. (b)(2). Pub. L. 100–461 amended par. (2) generally, substituting "$77,000,000 for fiscal year 1989" for "$116,000,000 for fiscal year 1988".

1987—Subsec. (b)(2). Pub. L. 100–202 amended par. (2) generally, substituting "$116,000,000 for fiscal year 1988" for "$360,000,000 for fiscal year 1986 and shall not exceed $125,000,000 for fiscal year 1987".

Subsec. (c). Pub. L. 100–202 inserted ", Thailand," after "Korea".

1985—Subsec. (b)(2). Pub. L. 99–83 amended par. (2) generally, substituting provisions authorizing appropriations of not to exceed $360,000,000 for fiscal year 1986 and $125,000,000 for fiscal year 1987, for provisions authorizing appropriations of $125,000,000 for fiscal year 1984 and $248,000,000 for fiscal year 1985.

1984—Subsec. (b)(2). Pub. L. 98–473 substituted "$125,000,000 for the fiscal year 1984 and $248,000,000 for the fiscal year 1985" for "$130,000,000 for the fiscal year 1982 and $125,000,000 for the fiscal year 1983".

1981—Subsec. (b)(2). Pub. L. 97–113 substituted "$130,000,000 for the fiscal year 1982 and $125,000,000 for the fiscal year 1983" for "$85,000,000 for the fiscal year 1981".

1980—Subsec. (b)(2). Pub. L. 96–533 substituted "$85,000,000 for the fiscal year 1981" for "$95,000,000 for the fiscal year 1980".

1979—Subsec. (b)(2). Pub. L. 96–92, §6(a)(1), substituted "$95,000,000 for the fiscal year 1980" for "$90,000,000 for the fiscal year 1979".

Subsec. (c). Pub. L. 96–92, §6(a)(2), inserted reference to stockpiles in Republic of Korea.

1978—Subsec. (b)(2). Pub. L. 95–384 substituted "$90,000,000 for the fiscal year 1979" for "$270,000,000 for the fiscal year 1978".

1977—Subsec. (b)(2). Pub. L. 95–92 substituted "$270,000,000 for the fiscal year 1978" for "$93,750,000 for the period beginning July 1, 1975, and ending September 30, 1976, and $125,000,000 for the fiscal year 1977".

1976—Subsec. (a). Pub. L. 93–329 substituted provisions prohibiting the transfer of any defense article earmarked for foreign use unless such transfer is authorized under this chapter or the Arms Export Control Act or subsequent legislation, requiring the charge-off of such transfer against funds authorized under such legislation, and defining "value", for provisions that no funds, other than funds made available under this part or section 401(a) of Pub. L. 89–367 (80 Stat. 37) be obligated for purposes of stockpiling any defense article or war reserve material if such article is earmarked for future foreign use.

Subsec. (b). Pub. L. 94–329 substituted provisions limiting the value of earmarked defense articles for allied or foreign use to an amount not greater than is specified in security assistance legislation for that fiscal year and limiting the value of additions to stockpiles in foreign countries not to exceed $93,750,000 for the period beginning July 1, 1975 and ending Sept. 30, 1976, and $125,000,000 for fiscal 1977 for provisions specifying a charge-off of the cost of any such article earmarked for use by or on behalf of the country referred to in section 401(a)(1) of Pub. L. 89–367 (80 Stat. 37) against the limitations specified in such section or subsequent legislation and against funds authorized under this part.

Subsecs. (c) to (e). Pub. L. 94–329 added subsecs. (c) to (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

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.

Effective Date of 1984 Amendment

Section 116(b) of H.R. 5119, as passed by the House of Representatives May 10, 1984, and enacted into permanent law by Pub. L. 98–473, title I, §101(1) [title V, §541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Oct. 12, 1984]."

Rules Governing Transfer of Defense Articles to Israel

Pub. L. 118–31, div. A, title XII, §1257, Dec. 22, 2023, 137 Stat. 472, provided that:

"(a) In General.—Notwithstanding section 514(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)), and subject to subsections (b) and (c) of this section, the President, acting through the Secretary of Defense, may transfer to Israel one or more retired United States aerial refueling tankers, any United States aerial refueling tanker that the Secretary of Defense plans to retire during the two-year period beginning on the date of the enactment of this Act [Dec. 22, 2023], or any other United States aerial refueling tanker the President considers appropriate, consistent with—

"(1) all other requirements set forth in the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and

"(2) the requirements set forth in the Arms Export Control Act (22 U.S.C. 2751 et seq.).

"(b) Conditions.—Except in the case of an emergency, as determined by the President, a transfer under subsection (a) may only occur if the transfer—

"(1) does not affect the ability of the United States to maintain a sufficient aerial refueling capacity to satisfy United States warfighting requirements;

"(2) does not harm the combat readiness of the United States;

"(3) does not affect the ability of the United States to meet its commitments to allies with respect to the transfer of aerial refueling capacity; and

"(4) is in the national security interest of the United States.

"(c) Certification.—

"(1) In general.—Except in the case of an emergency, as determined by the President, not later than 15 days before making a transfer under subsection (a), the Secretary of Defense shall certify to the appropriate congressional committees that the transfer meets the conditions specified in subsection (b).

"(2) Emergencies.—In the case of an emergency, as determined by the President, not later than five days after making a transfer under subsection (a), the President shall—

"(A) certify to the appropriate congressional committees that the transfer supports the national security interests of the United States; and

"(B) provide to the appropriate congressional committees an assessment of the impacts, risks, and mitigation measures with respect to the matters referred to in paragraphs (1) through (4) of subsection (b).

"(d) Appropriate Congressional Committees Defined.—In this section, the term 'appropriate congressional committees' means—

"(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

"(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate."

Pub. L. 116–283, div. A, title XII, §1275, Jan. 1, 2021, 134 Stat. 3979, as amended by Pub. L. 118–31, div. A, title XII, §1255(a)(2), (d)(2), Dec. 22, 2023, 137 Stat. 468, 470, provided that:

"(a) In General.—Notwithstanding section 514(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)), and subject to subsections (b) and (c) of this section, the President, acting through the Secretary of Defense and with the concurrence of the Secretary of State, is authorized to transfer to Israel precision-guided munitions from reserve stocks, including the War Reserve Stockpile for Allies-Israel, consistent with—

"(1) all other requirements set forth in the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and

"(2) the requirements set forth in the Arms Export Control Act (22 U.S.C. 2751 et seq.).

"(b) Conditions.—Except in the case of an emergency, as determined by the President, a transfer under subsection (a) of this section may only occur if the transfer—

"(1) does not affect the ability of the United States to maintain a sufficient supply of precision-guided munitions to satisfy United States warfighting requirements;

"(2) does not harm the combat readiness of the United States;

"(3) does not affect the ability of the United States to meet its commitments to allies with respect to the transfer of precision-guided munitions; and

"(4) is in the national security interest of the United States.

"(c) Certification.—

"(1) In general.—Except in the case of an emergency, as determined by the President, not later than 15 days before making a transfer under subsection (a) of this section, the Secretary of Defense, with the concurrence of the Secretary of State, shall certify to the appropriate congressional committees that the transfer meets the conditions specified in subsection (b) of this section.

"(2) Emergencies.—In the case of an emergency, as determined by the President, not later than 5 days after making a transfer under subsection (a) of this section, the President shall—

"(A) certify to the appropriate congressional committees that the transfer supports the national security interests of the United States; and

"(B) provide to the appropriate committees of Congress an assessment of the impacts, risks, and mitigation measures with respect to the matters referred to in paragraphs (1) through (4) of subsection (b) of this section.

"[(d) Repealed. Pub. L. 118–31, div. A, title XII, §1255(d)(2), Dec. 22, 2023, 137 Stat. 470.]

"(e) Termination.—The authority of the President to transfer precision-guided munitions under this section shall terminate on January 1, 2027."

Fiscal Year 1992 Additions to Stockpiles in Israel

Pub. L. 102–145, §118, as added by Pub. L. 102–266, §102, Apr. 1, 1992, 106 Stat. 93, provided in part that the authority and conditions provided in section 571 of H.R. 2621, One Hundred Second Congress, 1st Session, as passed by the House on June 19, 1991, shall be applicable to funds appropriated by Pub. L. 102–145 (and are hereby enacted) in lieu of the authority and conditions provided in section 573 of Pub. L. 101–513 [amending this section]. Section 571 of H.R. 2621, as referred to above, provided that: "Notwithstanding section 514(b) of the Foreign Assistance Act of 1961 [subsec. (b) of this section], additions may be made to stockpiles in Israel during fiscal year 1992 having a value of $300,000,000: Provided, That the word 'value' as used in this section shall have the same meaning as in section 514 of the Foreign Assistance Act of 1961 [this section]."

Republic of Korea Stockpiling Authorities; Report to Congress

Pub. L. 96–92, §6(b), Oct. 29, 1979, 93 Stat. 703, directed President to transmit to Congress, not later than Dec. 31, 1979, a report regarding stockpiling authorities for Republic of Korea, prior to repeal by Pub. L. 97–113, title VII, §734(a)(11), Dec. 29, 1981, 95 Stat. 1560.

Appropriate Congressional Committees Defined

Pub. L. 116–283, div. A, title XII, §1280B, Jan. 1, 2021, 134 Stat. 3985, provided that: "In this subtitle [subtitle H (§§1271–1280B) of title XII of div. A of Pub. L. 116–283, see Short Title of 2021 Amendment note set out under section 2151 of this title], the term 'appropriate congressional committees' means—

"(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and

"(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives."

Executive Documents

Delegation of Functions

For delegation of functions of President under this section, see 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 U.S.C. § 7907 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 86: CLIMATE CHANGE TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES / Section 7907: Fellowship and exchange programs
Fellowship and exchange programs
Status: in_force

The Secretary of State, in coordination with the Secretary of Energy, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, shall carry out fellowship and exchange programs under which officials from developing countries visit the United States to acquire expertise and knowledge of best practices to reduce greenhouse gas intensity in their countries.

(Pub. L. 101–240, title VII, §737, as added Pub. L. 109–58, title XVI, §1611, Aug. 8, 2005, 119 Stat. 1117.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2005, except as otherwise provided, see section 739 of Pub. L. 101–240, set out as a note under section 7901 of this title.
22 U.S.C. § 2421b (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 32: FOREIGN ASSISTANCE / Subchapter III: GENERAL AND ADMINISTRATIVE PROVISIONS / Section 2421b: Capital projects for poverty alleviation and environmental safety and sustainability
Capital projects for poverty alleviation and environmental safety and sustainability
Status: in_force

(a) Purposes

The Administrator of AID shall develop a program, in accordance with subsection (b), that focuses on developmentally sound capital projects for basic infrastructure that will measurably alleviate the worst manifestations of poverty or directly promote environmental safety and sustainability at the community level, taking into consideration development needs of the host country and export opportunities for services and goods from the United States.

(b) Activities of AID

In order to carry out subsection (a), the Administrator of AID shall, working with AID technical support staff, regional bureau staff, and country missions, identify and provide funding for capital projects to alleviate the worst manifestations of poverty or to promote environmental safety and sustainability at the community level in countries receiving assistance under part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]. Such projects may include basic sanitation systems, basic water supply and treatment, pollution control, and rural infrastructure benefiting poor communities or establishing environmentally sustainable patterns of rural development. Such projects should have measurable positive effects on indicators of human and environmental health.

(Pub. L. 102–549, title III, §303, Oct. 28, 1992, 106 Stat. 3659.)

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§2151 et seq.) of chapter 32 of this title. 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 chapter 32, 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. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

Codification

Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.