22 U.S.C. § 9222 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 99: NORTH KOREA SANCTIONS AND POLICY ENHANCEMENT / Subchapter II: SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN RIGHTS ABUSES, AND ILLICIT ACTIVITIES / Section 9222: Ensuring the consistent enforcement of United Nations Security Council resolutions and financial restrictions on North Korea
Ensuring the consistent enforcement of United Nations Security Council resolutions and financial restrictions on North Korea
Status: in_force

(a) Findings

Congress makes the following findings:

(1) All member states of the United Nations are obligated to implement and enforce applicable United Nations Security Council resolutions fully and promptly, including by blocking the property of, and ensuring that any property is prevented from being made available to, persons designated for the blocking of property by the Security Council under applicable United Nations Security Council resolutions.

(2) As of May 2015, 158 of the 193 member states of the United Nations had not submitted reports on measures taken to implement North Korea-specific United Nations Security Council resolutions 1718, 1874, and 2094.

(3) A recent report by the Government Accountability Office (GAO–15–485)—

(A) finds that officials of the United States and representatives of the United Nations Panel of Experts established pursuant to United Nations Security Council Resolution 1874 (2009), which monitors and facilitates implementation of United Nations sanctions on North Korea, "agree that the lack of detailed reports from all member states is an impediment to the UN's effective implementation of its sanctions"; and

(B) notes that "many member states lack the technical capacity to enforce sanctions and prepare reports" on the implementation of United Nations sanctions on North Korea.

(4) All member states share a common interest in protecting the international financial system from the risks of money laundering and illicit transactions emanating from North Korea.

(5) The United States dollar and the euro are the world's principal reserve currencies, and the United States and the European Union are primarily responsible for the protection of the international financial system from the risks described in paragraph (4).

(6) The cooperation of the People's Republic of China, as North Korea's principal trading partner, is essential to—

(A) the enforcement of applicable United Nations Security Council resolutions; and

(B) the protection of the international financial system.

(7) The report of the Panel of Experts expressed concern about the ability of banks to detect and prevent illicit transfers involving North Korea if such banks are located in member states with less effective regulators or member states that are unable to afford effective compliance.

(8) North Korea has historically exploited inconsistencies between jurisdictions in the interpretation and enforcement of financial regulations and applicable United Nations Security Council resolutions to circumvent sanctions and launder the proceeds of illicit activities.

(9) Amroggang Development Bank, Bank of East Land, and Tanchon Commercial Bank have been designated by the Secretary of the Treasury, the United Nations Security Council, and the European Union as having materially contributed to the proliferation of weapons of mass destruction.

(10) Korea Daesong Bank and Korea Kwangson Banking Corporation have been designated by the Secretary of the Treasury and the European Union as having materially contributed to the proliferation of weapons of mass destruction.

(11) The Foreign Trade Bank of North Korea has been designated by the Secretary of the Treasury for facilitating transactions on behalf of persons linked to its proliferation network and for serving as "a key financial node".

(12) Daedong Credit Bank has been designated by the Secretary of the Treasury for activities prohibited by applicable United Nations Security Council resolutions, including the use of deceptive financial practices to facilitate transactions on behalf of persons linked to North Korea's proliferation network.

(b) Sense of Congress

It is the sense of Congress that the President should intensify diplomatic efforts in appropriate international fora, such as the United Nations, and bilaterally, to develop and implement a coordinated, consistent, multilateral strategy for protecting the global financial system against risks emanating from North Korea, including—

(1) the cessation of any financial services the continuation of which is inconsistent with applicable United Nations Security Council resolutions;

(2) the cessation of any financial services to persons, including financial institutions, that present unacceptable risks of facilitating money laundering and illicit activity by the Government of North Korea;

(3) the blocking by all member states, in accordance with the legal process of the state in which the property is held, of any property required to be blocked under applicable United Nations Security Council resolutions;

(4) the blocking of any property derived from illicit activity, or from the misappropriation, theft, or embezzlement of public funds by, or for the benefit of, officials of the Government of North Korea;

(5) the blocking of any property involved in significant activities undermining cybersecurity by the Government of North Korea, directly or indirectly, against United States persons, or the theft of intellectual property by the Government of North Korea, directly or indirectly from United States persons; and

(6) the blocking of any property of persons directly or indirectly involved in censorship or human rights abuses by the Government of North Korea.

(c) Strategy to improve international implementation and enforcement of United Nations North Korea-specific sanctions

The President shall direct the Secretary of State, in coordination with other Federal departments and agencies, as appropriate, to develop a strategy to improve international implementation and enforcement of United Nations North Korea-specific sanctions. The strategy should include elements—

(1) to increase the number of countries submitting reports to the United Nations Panel of Experts established pursuant to United Nations Security Council Resolution 1874 (2009), including developing a list of targeted countries where effective implementation and enforcement of United Nations sanctions would reduce the threat from North Korea;

(2) to encourage member states of the United Nations to cooperate and share information with the panel in order to help facilitate investigations;

(3) to expand cooperation with the Panel of Experts;

(4) to provide technical assistance to member states to implement United Nations sanctions, including developing the capacity to enforce sanctions through improved export control regulations, border security, and customs systems;

(5) to harness existing United States Government initiatives and assistance programs, as appropriate, to improve sanctions implementation and enforcement; and

(6) to increase outreach to the people of North Korea, and to support the engagement of independent, non-governmental journalistic, humanitarian, and other institutions in North Korea.

(d) Report required

Not later than 90 days after February 18, 2016, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that describes the actions undertaken to implement the strategy required by subsection (c).

(Pub. L. 114–122, title II, §202, Feb. 18, 2016, 130 Stat. 104.)
22 U.S.C. § 5951 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 68A: COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION / Section 5951: Findings on cooperative threat reduction
Findings on cooperative threat reduction
Status: in_force

The Congress finds that it is in the national security interest of the United States for the United States to do the following:

(1) Facilitate, on a priority basis, the transportation, storage, safeguarding, and elimination of nuclear and other weapons of the independent states of the former Soviet Union, including—

(A) the safe and secure storage of fissile materials derived from the elimination of nuclear weapons;

(B) the dismantlement of (i) intercontinental ballistic missiles and launchers for such missiles, (ii) submarine-launched ballistic missiles and launchers for such missiles, and (iii) heavy bombers; and

(C) the elimination of chemical, biological and other weapons capabilities.

(2) Facilitate, on a priority basis, the prevention of proliferation of weapons (and components of weapons) of mass destruction and destabilizing conventional weapons of the independent states of the former Soviet Union and the establishment of verifiable safeguards against the proliferation of such weapons and components.

(3) Facilitate, on a priority basis, the prevention of diversion of weapons-related scientific expertise of the independent states of the former Soviet Union to terrorist groups or third world countries.

(4) Support (A) the demilitarization of the defense-related industry and equipment of the independent states of the former Soviet Union, and (B) the conversion of such industry and equipment to civilian purposes and uses.

(5) Expand military-to-military and defense contacts between the United States and the independent states of the former Soviet Union.

(Pub. L. 103–160, div. A, title XII, §1202, Nov. 30, 1993, 107 Stat. 1777.)

Statutory Notes and Related Subsidiaries

Short Title of 2003 Amendment

Pub. L. 108–136, div. C, title XXXVI, §3601, Nov. 24, 2003, 117 Stat. 1822, provided that: "This title [enacting provisions set out as notes under this section and sections 1928, 5959, and 6321 of this title] may be cited as the 'Nuclear Security Initiative Act of 2003'."

Short Title

Pub. L. 103–160, div. A, title XII, §1201, Nov. 30, 1993, 107 Stat. 1777, provided that: "This title [enacting this chapter] may be cited as the 'Cooperative Threat Reduction Act of 1993'."

Congressional Notification

Pub. L. 113–66, div. A, title XII, §1246(c)(3), Dec. 26, 2013, 127 Stat. 924, as amended by Pub. L. 113–291, div. A, title XII, §1243(3), Dec. 19, 2014, 128 Stat. 3564, which required that the Secretary of Defense notify certain congressional committees of the Secretary's intent to provide the Russian Federation with any sensitive missile defense information not less than 7 days prior to the provision of such information, including an explanation of the reasons for providing the information and the reasons why providing the information would not compromise United States national security, was repealed by Pub. L. 114–92, div. A, title XVI, §1671(b)(1), Nov. 25, 2015, 129 Stat. 1130.

Briefings to Congressional Committees

Pub. L. 113–66, div. A, title XII, §1251(b), Dec. 26, 2013, 127 Stat. 926, provided that: "Prior to signing an executive agreement with the Russian Federation relating to ballistic missile defense, the President, or the President's designee, shall brief the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the objectives and contents of the executive agreement."

Sense of Congress on Agreements Between the United States and the Russian Federation on Nuclear Arms, Missile Defense Systems, and Long-Range Conventional Strike Systems

Pub. L. 112–239, div. A, title XII, §1282, Jan. 2, 2013, 126 Stat. 2034, as amended by Pub. L. 114–92, div. A, title X, §1076(c), Nov. 25, 2015, 129 Stat. 998, provided that: "It is the sense of Congress that any agreement between the United States and the Russian Federation related to nuclear arms, missile defense systems, or long-range conventional strike systems obligating the United States to reduce or limit the Armed Forces or armaments of the United States in any militarily significant manner may be made only pursuant to the treaty-making power of the President as set forth in Article II, section 2, clause 2 of the Constitution of the United States."

Sharing of Classified United States Ballistic Missile Defense Information With the Russian Federation

Pub. L. 112–81, div. A, title XII, §1244, Dec. 31, 2011, 125 Stat. 1646, provided that:

"(a) Notification.—No classified United States ballistic missile defense information may be made available to the Russian Federation unless, 60 days prior to any instance in which the United States Government plans to provide such information to the Russian Federation, the President provides notification thereof to the appropriate congressional committees.

"(b) Elements of Notification.—Each notification provided pursuant to subsection (a) shall include the following:

"(1) A detailed description of the classified United States ballistic missile defense information to be provided.

"(2) An explanation of the national security interest in providing the information to the Russian Federation and any provisions for reciprocal sharing by the Russian Federation with the United States on its defensive systems.

"(3) A certification that providing the information is consistent with United States national disclosure policy as of the date of enactment of this Act [Dec. 31, 2011] and that the decision to provide the information was made pursuant to a national disclosure policy review.

"(4) If applicable, a detailed explanation of whether any exceptions to national disclosure policy were required in order to provide the information to the Russian Federation and why such exceptions were required.

"(5) A certification that adequate measures are in place to protect the information from unauthorized disclosure. The certification shall include a description of the manner in which the information will be protected from unauthorized sharing or transfer to third parties as well as an analysis of the risks to the capabilities of the United States ballistic missile defense system if the information is shared or transferred to an unauthorized third party.

"(c) Form.—Each notification provided pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex.

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

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

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

"(e) Classified United States Ballistic Missile Defense Information Defined.—For the purposes of this section, the term 'classified United States ballistic missile defense information' means information related to United States ballistic missile defenses that is classified as of, or after, the date of enactment of this Act [Dec. 31, 2011]."

Establishment of Interparliamentary Threat Reduction Working Group

Pub. L. 108–136, div. C, title XXXVI, §3622, Nov. 24, 2003, 117 Stat. 1824, provided that:

"(a) Establishment of Working Group.—There is hereby established a working group to be known as the 'Threat Reduction Working Group' as an interparliamentary group of the Congress of the United States and the legislature of the Russian Federation.

"(b) Purpose of Working Group.—The purpose of the working group established by subsection (a) shall be to explore means to enhance cooperation between the United States and the Russian Federation with respect to nuclear nonproliferation and security and such other issues related to reducing the dangers of weapons of mass destruction as the members of the working group consider appropriate.

"(c) Membership.—(1) The majority leader of the Senate, after consultation with the minority leader of the Senate, shall appoint not more than 10 Senators to the working group established by subsection (a).

"(2) The Speaker of the House of Representatives, after consultation with the minority leader of the House of Representatives, shall appoint not more than 30 Members of the House to the working group."

Transfer to National Nuclear Security Administration of Department of Defense's Cooperative Threat Reduction Program Relating to Elimination of Weapons Grade Plutonium Production in Russia

Pub. L. 107–314, div. C, title XXXI, §3151, Dec. 2, 2002, 116 Stat. 2736, as amended by Pub. L. 108–375, div. C, title XXXI, §3135, Oct. 28, 2004, 118 Stat. 2170, provided that:

"(a) Transfer of Program.—There are hereby transferred to the Administrator for Nuclear Security the following:

"(1) The program, within the Cooperative Threat Reduction program of the Department of Defense, relating to the elimination of weapons grade plutonium production in Russia.

"(2) All functions, powers, duties, and activities of that program performed before the date of the enactment of this Act [Dec. 2, 2002] by the Department of Defense.

"(b) Transfer of Assets.—(1) Notwithstanding any restriction or limitation in law on the availability of Cooperative Threat Reduction funds specified in paragraph (2), so much of the property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the program transferred by subsection (a) are transferred to the Administrator for use in connection with the program transferred.

"(2) The Cooperative Threat Reduction funds specified in this paragraph are the following:

"(A) Fiscal year 2002 Cooperative Threat Reduction funds, as specified in section 1301(b) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1254; 22 U.S.C. 5952 note).

"(B) Fiscal year 2001 Cooperative Threat Reduction funds, as specified in section 1301(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–339; 22 U.S.C. 5959 note).

"(C) Fiscal year 2000 Cooperative Threat Reduction funds, as specified in section 1301(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 792; 22 U.S.C. 5952 note).

"(c) Availability of Transferred Funds.—(1) Notwithstanding any restriction or limitation in law on the availability of Cooperative Threat Reduction funds specified in subsection (b)(2), the Cooperative Threat Reduction funds transferred under subsection (b) for the program referred to in subsection (a) shall be available for activities as follows:

"(A) To design and construct, refurbish, or both, fossil fuel energy plants in Russia that provide alternative sources of energy to the energy plants in Russia that produce weapons grade plutonium.

"(B) To carry out limited safety upgrades of not more than three energy plants in Russia that produce weapons grade plutonium, provided that such upgrades do not extend the life of those plants.

"(2) Amounts available under paragraph (1) for activities referred to in that paragraph shall remain available for obligation for three fiscal years.

"(d) Limitation.—(1) Of the amounts authorized to be appropriated by this title or any other Act for the program referred to in subsection (a), the Administrator for Nuclear Security may not obligate any funds for construction, or obligate or expend more than $100,000,000 for that program, until 30 days after the later of—

"(A) the date on which the Administrator submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives, and the Committee on Foreign Relations of the Senate, a copy of an agreement or agreements entered into between the United States Government and the Government of the Russian Federation to shut down the three plutonium-producing reactors in Russia as specified under paragraph (2); and

"(B) the date on which the Administrator submits to the committees specified in subparagraph (A) a report on a plan to achieve international participation in the program referred to in subsection (a), including cost sharing.

"(2) The agreement (or agreements) under paragraph (1)(A) shall contain—

"(A) a commitment to shut down the three plutonium-producing reactors;

"(B) the date on which each such reactor will be shut down;

"(C) a schedule and milestones for each such reactor to complete the shutdown of such reactor by the date specified under subparagraph (B);

"(D) a schedule and milestones for refurbishment or construction of fossil fuel energy plants to be undertaken by the Government of the Russian Federation in support of the program;

"(E) an arrangement for access to sites and facilities necessary to meet such schedules and milestones;

"(F) an arrangement for audit and examination procedures in order to evaluate progress in meeting such schedules and milestones; and

"(G) any cost sharing arrangements between the United States Government and the Government of the Russian Federation in undertaking activities under such agreement (or agreements).

"(e) International Participation in Program.—(1) In order to achieve international participation in the program referred to in subsection (a), the Secretary of Energy may, in consultation with the Secretary of State, enter into one or more agreements with any person, foreign government, or other international organization that the Secretary considers appropriate for the contribution of funds by such person, government, or organization for purposes of the program.

"(2) Notwithstanding section 3302 of title 31, United States Code, and subject to paragraphs (3) and (4), the Secretary may retain and utilize any amounts contributed by a person, government, or organization under an agreement under paragraph (1) for purposes of the program without further appropriation and without fiscal year limitation.

"(3) The Secretary may not utilize under paragraph (2) any amount contributed under an agreement under paragraph (1) until 30 days after the date on which the Secretary notifies the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the intent to utilize such amount, including the source of such amount and the proposed purpose for which such amount will be utilized.

"(4) If any amount contributed under paragraph (1) has not been utilized within five years of receipt under that paragraph, the Secretary shall return such amount to the person, government, or organization contributing such amount under that paragraph.

"(5) Not later than 30 days after the receipt of any amount contributed under paragraph (1), the Secretary shall submit to the congressional defense committees a notice of the receipt of such amount.

"(6) Not later than October 31 each year, the Secretary shall submit to the congressional defense committees a report on the receipt and utilization of amounts under this subsection during the preceding fiscal year. Each report for a fiscal year shall set forth—

"(A) a statement of any amounts received under this subsection, including the source of each such amount; and

"(B) a statement of any amounts utilized under this subsection, including the purpose for which such amounts were utilized.

"(7) The authority of the Secretary to accept and utilize amounts under this subsection shall expire on December 31, 2011."

Accelerated Disposition of Highly Enriched Uranium

Pub. L. 107–314, div. C, title XXXI, §3157, Dec. 2, 2002, 116 Stat. 2740, provided that:

"(a) Program on Accelerated Disposition of HEU Authorized.—(1) The Secretary of Energy may carry out a program to pursue with the Russian Federation options for blending highly enriched uranium so that the concentration of U–235 in such uranium is below 20 percent.

"(2) The options pursued under paragraph (1) shall include expansion of the Material Consolidation and Conversion program of the Department of Energy to include—

"(A) additional facilities for the blending of highly enriched uranium; and

"(B) additional centralized secure storage facilities for highly enriched uranium designated for blending.

"(3) Any site selected for the storage of uranium or blended material under paragraph (2)(B) shall undergo complete materials protection, control, and accounting upgrades before the commencement of the storage of uranium or blended material at such site under the program.

"(b) Construction With HEU Disposition Agreement.—Nothing in this section may be construed as terminating, modifying, or otherwise affecting requirements for the disposition of highly enriched uranium under the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, signed at Washington on February 18, 1993.

"(c) Limitation on Release for Sale of Blended Uranium.—Uranium blended under this section may not be released for sale until the earlier of—

"(1) January 1, 2014; or

"(2) the date on which the Secretary certifies that such uranium can be absorbed into the global market without undue disruption to the uranium mining, conversion, and enrichment industry in the United States.

"(d) Amount for Activities.—Of the amount to be appropriated by section 3101(a)(2) [116 Stat. 2729] for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $10,000,000 may be available for carrying out this section."

Plan for Accelerated Return of Weapons-Usable Nuclear Materials

Pub. L. 107–314, div. C, title XXXI, §3160, Dec. 2, 2002, 116 Stat. 2742, provided that:

"(a) Plan for Accelerated Return.—The Secretary of Energy shall work with the Russian Federation to develop a plan to accelerate the return to Russia of all weapons-usable nuclear materials located in research reactors and other facilities outside Russia that were supplied by the former Soviet Union.

"(b) Funding and Schedules.—As part of the plan under subsection (a), the Secretary shall identify the funding and schedules required to assist the research reactors and facilities referred to in that subsection in—

"(1) transferring highly enriched uranium to Russia; and

"(2) upgrading the materials protection, control, and accounting procedures at such research reactors and facilities until the weapons-usable nuclear materials in such reactors and facilities are returned in accordance with that subsection.

"(c) Coordination.—The provision of assistance under subsection (b) shall be closely coordinated with the International Atomic Energy Agency."

Plan for Securing Nuclear Weapons, Material, and Expertise of the States of the Former Soviet Union

Pub. L. 107–107, div. A, title XII, §1205, Dec. 28, 2001, 115 Stat. 1247, as amended by Pub. L. 107–314, div. A, title XII, §1205, Dec. 2, 2002, 116 Stat. 2664, provided that:

"(a) Plan Required.—Not later than June 15, 2002, the President shall submit to Congress a plan, that has been developed in coordination with all relevant Federal agencies—

"(1) for cooperating with Russia on disposing, as soon as practicable, of nuclear weapons and weapons-usable nuclear material in Russia that Russia does not retain in its nuclear arsenals;

"(2) for assisting Russia in downsizing its nuclear weapons research and production complex;

"(3) for cooperating with the other states of the former Soviet Union on disposing, as soon as practicable, of all nuclear weapons and weapons-usable nuclear material in such states; and

"(4) for preventing the outflow from the states of the former Soviet Union of scientific expertise that could be used for developing nuclear weapons, other weapons of mass destruction, and delivery systems for such weapons.

"(b) Content of Plan.—The plan required by subsection (a) shall include the following:

"(1) Specific goals and measurable objectives for programs that are designed to carry out the objectives described in subsection (a).

"(2) Criteria for success for such programs, and a strategy for eventual termination of United States contributions to such programs and assumption of the ongoing support of those programs by others.

"(3) A description of any administrative and organizational changes necessary to improve the coordination and effectiveness of such programs. In particular, the plan shall include consideration of the creation of an interagency committee that would have primary responsibilities within the executive branch for—

"(A) monitoring United States nonproliferation efforts in the states of the former Soviet Union;

"(B) coordinating the implementation of United States policy with respect to such efforts; and

"(C) recommending to the President integrated policies, budget options, and private sector and international contributions for such programs.

"(4) An estimate of the cost of carrying out such programs.

"(c) Consultation.—In developing the plan required by subsection (a), the President—

"(1) is encouraged to consult with the relevant states of the former Soviet Union regarding the practicality of various options; and

"(2) shall consult with the majority and minority leadership of the appropriate committees of Congress.

"(d) Annual Report on Implementation of Plan.—(1) Not later than January 31, 2003, and each year thereafter, the President shall submit to Congress a report on the implementation of the plan required by subsection (a) during the preceding year.

"(2) Each report under paragraph (1) shall include—

"(A) a discussion of progress made during the year covered by such report in the matters of the plan required by subsection (a);

"(B) a discussion of consultations with foreign nations, and in particular the Russian Federation, during such year on joint programs to implement the plan;

"(C) a discussion of cooperation, coordination, and integration during such year in the implementation of the plan among the various departments and agencies of the United States Government, as well as private entities that share objectives similar to the objectives of the plan; and

"(D) any recommendations that the President considers appropriate regarding modifications to law or regulations, or to the administration or organization of any Federal department or agency, in order to improve the effectiveness of any programs carried out during such year in the implementation of the plan."

[Functions of President under section 1205(d) of Pub. L. 107–107, set out above, delegated to Secretary of State by Memorandum of President of the United States, Nov. 2, 2005, 70 F.R. 72055.]

Russian Nonstrategic Nuclear Arms

Pub. L. 106–65, div. A, title XIII, §1312, Oct. 5, 1999, 113 Stat. 796, as amended by Pub. L. 106–398, §1 [[div. A], title XIII, §1308(g)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–343, provided that: "It is the sense of Congress that—

"(1) it is in the interest of Russia to fully implement the Presidential Nuclear Initiatives announced in 1991 and 1992 by then-President of the Soviet Union Gorbachev and then-President of Russia Yeltsin;

"(2) the President of the United States should call on Russia to match the unilateral reductions in the United States inventory of tactical nuclear weapons, which have reduced the inventory by nearly 90 percent; and

"(3) if the re-certification under section 1310 [113 Stat. 795] is made, the President should emphasize the continued interest of the United States in working cooperatively with Russia to reduce the dangers associated with Russia's tactical nuclear arsenal."

Limitation on Use of Funds for Chemical Weapons Destruction Activities in Russia

Pub. L. 105–261, div. A, title XIII, §1304, Oct. 17, 1998, 112 Stat. 2163, provided that:

"(a) Limitation.—Subject to the limitation in section 1405(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1961), no funds authorized to be appropriated for Cooperative Threat Reduction programs under this Act [see Tables for classification] or any other Act may be obligated or expended for chemical weapons destruction activities in Russia (including activities for the planning, design, or construction of a chemical weapons destruction facility or for the dismantlement of an existing chemical weapons production facility) until the President submits to Congress a written certification described in subsection (b).

"(b) Presidential Certification.—A certification under this subsection is either of the following certifications by the President:

"(1) A certification that—

"(A) Russia is making reasonable progress toward the implementation of the Bilateral Destruction Agreement;

"(B) the United States and Russia have made substantial progress toward the resolution, to the satisfaction of the United States, of outstanding compliance issues under the Wyoming Memorandum of Understanding and the Bilateral Destruction Agreement; and

"(C) Russia has fully and accurately declared all information regarding its unitary and binary chemical weapons, chemical weapons facilities, and other facilities associated with chemical weapons.

"(2) A certification that the national security interests of the United States could be undermined by a policy of the United States not to carry out chemical weapons destruction activities under Cooperative Threat Reduction programs for which funds are authorized to be appropriated under this Act or any other Act for fiscal year 1999.

"(c) Definitions.—In this section:

"(1) The term 'Bilateral Destruction Agreement' means the Agreement Between the United States of America and the Union of Soviet Socialist Republics on Destruction and Non-production of Chemical Weapons and on Measures to Facilitate the Multilateral Convention on Banning Chemical Weapons signed on June 1, 1990.

"(2) The term 'Wyoming Memorandum of Understanding' means the Memorandum of Understanding Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Regarding a Bilateral Verification Experiment and Data Exchange Related to Prohibition on Chemical Weapons, signed at Jackson Hole, Wyoming, on September 23, 1989."

[Memorandum of President of the United States, July 16, 1999, 64 F.R. 40503, delegated to Secretary of Defense authority of President under section 1304(b)(2) of Public Law 105–261, set out above.]

Similar provisions were contained in the following prior authorization acts:

Pub. L. 105–85, div. A, title XIV, §1406, Nov. 18, 1997, 111 Stat. 1961.

Pub. L. 104–106, div. A, title XII, §1209, Feb. 10, 1996, 110 Stat. 472.

Congressional Reports on Cooperative Threat Reduction Programs

Pub. L. 104–106, div. A, title XII, §§1201, 1205, 1206, Feb. 10, 1996, 110 Stat. 469, 470, 471, as amended by Pub. L. 104–201, div. A, title XIV, §1431, Sept. 23, 1996, 110 Stat. 2726; Pub. L. 106–65, div. A, title X, §1067(6), title XIII, §1311, Oct. 5, 1999, 113 Stat. 774, 796; Pub. L. 106–398, §1 [[div. A], title XIII, §1308(g)(1)(C)], Oct. 30, 2000, 114 Stat. 1654, 1654A–343; Pub. L. 113–291, div. A, title XIII, §1351(4), Dec. 19, 2014, 128 Stat. 3607, provided that:

"SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.

"(a) In General.—For purposes of section 301 [110 Stat. 245] and other provisions of this Act [see Tables for classification], Cooperative Threat Reduction programs are the programs specified in subsection (b).

"(b) Specified Programs.—The programs referred to in subsection (a) are the following programs with respect to states of the former Soviet Union:

"(1) Programs to facilitate the elimination, and the safe and secure transportation and storage, of nuclear, chemical, and other weapons, fissile material suitable for use in nuclear weapons, and their delivery vehicles.

"(2) Programs to facilitate the safe and secure storage of fissile materials derived from the elimination of nuclear weapons.

"(3) Programs to prevent the proliferation of weapons, weapons components, and weapons-related technology and expertise.

"(4) Programs to expand military-to-military and defense contacts.

"[SEC. 1205. Repealed. Pub. L. 113–291, div. A, title XIII, §1351(4), Dec. 19, 2014, 128 Stat. 3607.]

"[SEC. 1206. Repealed. Pub. L. 106–398, §1 [[div. A], title XIII, §1308(g)(1)(C)], Oct. 30, 2000, 114 Stat. 1654, 1654A–343.]"

Condition on Assistance to Russia for Construction of Plutonium Storage Facility

Pub. L. 103–160, div. A, title XVI, §1612, Nov. 30, 1993, 107 Stat. 1850, provided:

"(a) Limitation.—Until a certification under subsection (b) is made, no funds may be obligated or expended by the United States for the purpose of assisting the Ministry of Atomic Energy of Russia to construct a storage facility for surplus plutonium from dismantled weapons.

"(b) Certification of Russia's Commitment to Halt Chemical Separation of Weapon-Grade Plutonium.—The prohibition in subsection (a) shall cease to apply upon a certification by the President to Congress that Russia—

"(1) is committed to halting the chemical separation of weapon-grade plutonium from spent nuclear fuel; and

"(2) is taking all practical steps to halt such separation at the earliest possible date.

"(c) Sense of Congress on Plutonium Policy.—It is the sense of Congress that a key objective of the United States with respect to the nonproliferation of nuclear weapons should be to obtain a clear and unequivocal commitment from the Government of Russia that it will (1) cease all production and separation of weapon-grade plutonium, and (2) halt chemical separation of plutonium produced in civil nuclear power reactors.

"(d) Report.—Not later than June 1, 1994, the President shall submit to Congress a report on the status of efforts by the United States to secure the commitments and achieve the objective described in subsections (b) and (c). The President shall include in the report a discussion of the status of joint efforts by the United States and Russia to replace any remaining Russian plutonium production reactors with alternative power sources or to convert such reactors to operation with alternative fuels that would permit their operation without generating weapon-grade plutonium."

[Memorandum of President of the United States, Mar. 10, 1994, 59 F.R. 14079, delegated to Secretary of State authority and duty of President under section 1612(b) and (d) of Public Law 103–160 set out above.]
22 U.S.C. § 2734f (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 38: DEPARTMENT OF STATE / Section 2734f: Strategic staffing plan for the Department of State
Strategic staffing plan for the Department of State
Status: in_force

(a) In general

Not later than 18 months after December 27, 2021, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive 5-year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after December 27, 2021, which shall include the following:

(1) A dataset displaying comprehensive workforce data, including all shortages in bureaus described in GAO report GAO–19–220, for all current and planned employees of the Department, disaggregated by—

(A) Foreign Service officer and Foreign Service specialist rank;

(B) civil service job skill code, grade level, and bureau of assignment;

(C) contracted employees, including the equivalent job skill code and bureau of assignment;

(D) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including the equivalent grade and job skill code and bureau of assignment of such employee; and

(E) overseas region.

(2) Recommendations on the number of Foreign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such recommendations.

(3) Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations.

(b) Maintenance

The dataset required under subsection (a)(1) shall be maintained and updated on a regular basis.

(c) Consultation

The Secretary shall lead the development of the plan required under subsection (a) but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations familiar with the demands and needs of the Department's workforce.

(d) Report

Not later than 120 days after December 27, 2021, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such shortages on national security objectives, and the Department's plan to implement recommendations described in GAO–19–220.

(Pub. L. 117–81, div. E, title LIII, §5313, Dec. 27, 2021, 135 Stat. 2365.)

Statutory Notes and Related Subsidiaries

Definitions

For definitions of "Secretary", "appropriate congressional committees", 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. § 1938 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 24: MUTUAL SECURITY PROGRAM / Subchapter III: ECONOMIC ASSISTANCE / Section 1938: Repealed. July 18, 1956, ch. 627, §8(m), 70 Stat. 559
Repealed. July 18, 1956, ch. 627, §8(m), 70 Stat. 559
Status: repealed

Section, act Aug. 26, 1954, ch. 937, title IV, §418, as added July 8, 1955, ch. 301, §8(j), 69 Stat. 287, authorized the establishment of President's Fund for Asian Economic Development.
22 U.S.C. § 2695b (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 38: DEPARTMENT OF STATE / Section 2695b: Omitted
Omitted
Status: omitted

Codification

Section, Pub. L. 104–208, div. A, title I, §101(a) [title IV], Sept. 30, 1996, 110 Stat. 3009, 3009–46, which provided that in fiscal year 1998 a system was to be in place that allocated to each department and agency full cost of its presence outside of the United States, was from the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation act:

Pub. L. 104–134, title I, §101[(a)] [title IV], Apr. 26, 1996, 110 Stat. 1321, 1321–36; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.
22 U.S.C. § 3307 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 48: TAIWAN RELATIONS / Section 3307: Exemption from taxation
Exemption from taxation
Status: in_force

(a) United States, State, or local taxes

The Institute, its property, and its income are exempt from all taxation now or hereafter imposed by the United States (except to the extent that section 3310(a)(3) of this title requires the imposition of taxes imposed under chapter 21 of title 26, relating to the Federal Insurance Contributions Act) or by any State or local taxing authority of the United States.

(b) Charitable contributions; transfers for public, charitable, and religious uses; charitable and similar gifts

For purposes of title 26, the Institute shall be treated as an organization described in sections 170(b)(1)(A), 170(c), 2055(a), 2106(a)(2)(A), 2522(a), and 2522(b) of title 26.

(Pub. L. 96–8, §8, Apr. 10, 1979, 93 Stat. 17; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

Editorial Notes

References in Text

The Federal Insurance Contributions Act, referred to in subsec. (a), is act Aug. 16, 1954, ch. 736, §§3101, 3102, 3111, 3112, 3121 to 3128, 68A Stat. 415, which is classified generally to chapter 21 (§3101 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3128 of Title 26 and Tables.

Amendments

1986—Pub. L. 99–514 substituted in subsecs. (a) and (b) "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 296 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 8: FOREIGN SERVICE BUILDINGS / Section 296: Duties of Secretary of State with respect to commission and properties
Duties of Secretary of State with respect to commission and properties
Status: in_force

For the purposes of this chapter the Secretary of State is authorized to supervise, preserve, maintain, operate, and, when deemed necessary, to insure the Foreign Service properties in foreign countries and the other properties acquired in accordance with the provisions of this chapter; to rent and insure objects of art; to collect information and formulate plans; and, without regard to civil service and classification laws, to obtain architectural and other expert technical services as may be necessary and pay therefor the scale of professional fees as established by local authority, law or custom, and to make expenditures without regard to section 295a of this title requiring purchase of articles manufactured in the United States.

(May 7, 1926, ch. 250, §5, 44 Stat. 404; June 19, 1952, ch. 446, §3, 66 Stat. 140.)

Editorial Notes

References in Text

Section 295a of this title, referred to in text, was omitted from the Code.

Amendments

1952—Act June 19, 1952, amended section generally to authorize Secretary of State to supervise, preserve, maintain, operate, and insure Foreign Service property in foreign countries.
22 U.S.C. § 286z (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 7: INTERNATIONAL BUREAUS, CONGRESSES, ETC. / Subchapter XV: INTERNATIONAL MONETARY FUND AND BANK FOR RECONSTRUCTION AND DEVELOPMENT / Section 286z: Collection and exchange of information on monetary and financial problems
Collection and exchange of information on monetary and financial problems
Status: in_force

(a) Sense of Congress

It is the sense of the Congress that—

(1) the lack of sufficient information currently available to allow members of the Fund to make sound and prudent decisions concerning their public and private sector international borrowing, and to allow lenders to make sound and prudent decisions concerning their international lending, threatens the stability of the international monetary system; and

(2) in recognition of the Fund's duties, as provided particularly by article VIII of the Articles of Agreement of the Fund, to act as a center for the collection and exchange of information on monetary and financial problems, the Fund should adopt necessary and appropriate measures to ensure that more complete and timely financial information will be available.

(b) Initiation by United States Executive Director of discussions with other Directors; adoption of procedures

To this end, the Secretary of the Treasury shall instruct the United States Executive Director of the Fund to initiate discussions with other directors of the Fund and with Fund management, and to propose and vote for, the adoption of procedures, within the Fund—

(1) to collect and disseminate information, on a quarterly basis, from and to Fund members, and to such other persons as the Fund deems appropriate, concerning—

(A) the extension of credit by banks or nonbanks to private and public entities, including all government entities, instrumentalities, and central banks of member countries; and

(B) the receipt of such credit by those private and public entities of member countries, where such banks or nonbanks are not principally established within the borders of the member country to which the credits are extended; and

(2) to disseminate publicly information which is developed in the course of the Fund's collection, and to review and comment on efforts which the Fund determines would serve to enhance the informational base upon which international borrowing and lending decisions are taken.

(c) "Credit" defined

For purposes of this section, the term "credit" includes—

(1) outstanding loans to private and public entities, including government entities, instrumentalities, and central banks of any member, and

(2) unused lines of credit which have been made available to those private and public entities of any member,

where such loans or lines of credit are repayable in freely convertible currency.

(d) Providing necessary information

The President is authorized to use the authority provided under section 286f of this title to require any person (as defined in such section) subject to the jurisdiction of the United States to provide such information as the Fund determines to be necessary in order to carry out the provisions of this section.

(July 31, 1945, ch. 339, §42, as added Pub. L. 98–181, title I [title VIII, §802(a)(4)], Nov. 30, 1983, 97 Stat. 1269.)
22 U.S.C. § 1651 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 22: MUTUAL SECURITY ASSISTANCE / Subchapter I: ORGANIZATION AND GENERAL PROVISIONS / Section 1651: Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(9)-(11), 68 Stat. 861
Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(9)-(11), 68 Stat. 861
Status: repealed

Section 1651, acts Oct. 10, 1951, ch. 479, §2, 65 Stat. 373; June 20, 1952, ch. 449, §2, 66 Stat. 141. related to Congressional declaration of purpose.

Section 1652, acts Oct. 10, 1951, ch. 479, title V, §501(a)–(d), 65 Stat. 377; June 20, 1952, ch. 449, §7(b), 66 Stat. 143, related to uniform program for military, economic, and technical assistance.

Section 1653, act Oct. 10, 1951, ch. 479, title V, §502, 65 Stat. 378, related to administration.

Section 1654, acts Oct. 10, 1951, ch. 479, title V, §503, 65 Stat. 378; June 20, 1952, ch. 449, §7(c), 66 Stat. 144, related to additional primary responsibilities of director.

Section 1655, acts Oct. 10, 1951, ch. 479, title V, §504, 65 Stat. 379; June 20, 1952, ch. 449, §7(d)–(f), 66 Stat. 144, related to other agency personnel.

Section 1656, act Oct. 10, 1951, ch. 479, title V, §505, 65 Stat. 379, provided that powers of Secretary of State shall be unaffected by this chapter. See section 2382 of this title.

Section 1657, acts Oct. 10, 1951, ch. 479, title V, §506, 65 Stat. 379; June 20, 1952, ch. 449, §7(g), 66 Stat. 145, related to duties of Secretary of Defense. See section 2383 of this title.

Section 1658, act Oct. 10, 1951, ch. 479, title V, §507, 65 Stat. 380, related to coordination among representatives overseas. See section 2382 of this title.

Section 1659, act Oct. 10, 1951, ch. 479, title V, §508, 65 Stat. 380, provided that other laws shall be unaffected by this chapter.

Section 1660, act Oct. 10, 1951, ch. 479, title V, §509, 65 Stat. 380, related to detail of personnel to foreign governments and international organizations. See sections 2387 and 2388 of this title.

Section 1661, acts Oct. 10, 1951, ch. 479, title V, §510, 65 Stat. 381; Apr. 5, 1952, ch. 159, §1, 66 Stat. 43, related to loyalty and security investigation of employees.

Section 1662, acts Oct. 10, 1951, ch. 479, title V, §511, 65 Stat. 381; June 20, 1952, ch. 449, §7(h), 66 Stat. 145, related to eligibility of nations for assistance and cooperative action requirements.

Section 1663, act Oct. 10, 1951, ch. 479, title V, §512, 65 Stat. 382, related to future appropriation authorizations.

Section 1664, acts Oct. 10, 1951, ch. 479, title V, §513, 65 Stat. 382; June 20, 1952, ch. 449, §7(i), 66 Stat. 145; July 16, 1953, ch. 195, ch. VII, §§701(c), 706(b), 67 Stat. 155, 158, related to transferability of appropriations under this chapter and special use of funds. See section 2360 of this title.

Section 1665, acts Oct. 10, 1951, ch. 479, title V, §514, 65 Stat. 382; June 20, 1952, ch. 449, §7(j), 66 Stat. 146; July 16, 1953, ch. 195, ch. IV, §402, 67 Stat. 154, related to procurement and stimulation of production of strategic materials and appropriation.

Section 1666, act Oct. 10, 1951, ch. 479, title V, §515, 65 Stat. 382, related to protection of funds against attachment.

Section 1667, acts Oct. 10, 1951, ch. 479, title V, §516, 65 Stat. 382; June 20, 1952, ch. 449, §7(k), 66 Stat. 146; July 16, 1953, ch. 195, ch. VII, §710(a)(1), (2), 67 Stat. 161, related to encouragement of free enterprise and foreign investment, cooperation by agencies and departments, and reports. See section 2351 of this title.

Section 1668, act Oct. 10, 1951, ch. 479, title V, §518, 65 Stat. 383, related to patents and technical information. See section 2356 of this title.

Section 1669, act Oct. 10, 1951, ch. 479, title V, §518, 65 Stat. 383, required the President to transmit reports to Congress. See section 2394 of this title.

Section 1670, acts Oct. 10, 1951, ch. 479, title V, §519, 65 Stat. 383; June 20, 1952, ch. 449, §7(l), 66 Stat. 146, related to local currencies.

Section 1671, acts Oct. 10, 1951, ch. 479, title V, §520, 65 Stat. 384; July 16, 1953, ch. 195, ch. VII, §706(c), 67 Stat. 158, related to use of certain funds for investment guaranties. See section 2351 of this title.

Section 1672, acts Oct. 10, 1951, ch. 479, title V, §521, 65 Stat. 384; July 16, 1953, ch. 195, ch. VII, §706(f)(1), 67 Stat. 158, related to use of funds for acquisition of collective defense facilities and administrative expenses.

Section 1673, act Oct. 10, 1951, ch. 479, title V, §524, 65 Stat. 385, related to return of equipment and material to United States and its disposition. See section 2355 of this title.

Section 1674, act Oct. 10, 1951, ch. 479, title V, §529, 65 Stat. 386, related to termination of assistance by President. See section 2367 of this title.

Section 1675, acts Oct. 10, 1951, ch. 479, title V, §529, 65 Stat. 386; July 16, 1953, ch. VII, §706(d), 67 Stat. 158, related to expiration of program. See section 2367 of this title.

Section 1675a, act Oct. 10, 1951, ch. 479, title V, §532, as added June 20, 1952, ch. 449, §7(m), 66 Stat. 146, related to exemptions from contract, accounting and certain other laws. See section 2393 of this title.

Section 1675b, act Oct. 10, 1951, ch. 479, title V, §533, as added June 20, 1952, ch. 449, §7(m), 66 Stat. 146, related to employment of retired officers. See section 2386 of this title.

Section 1675c, act Oct. 10, 1951, ch. 479, title V, §534, as added June 20, 1952, ch. 449, §7(m), 66 Stat. 146; amended July 16, 1953, ch. 195, ch. VI, §601, 67 Stat. 145, related to authorization of appropriations for movement of migrants. See section 2601 of this title.

Section 1675d, act Oct. 10, 1951, ch. 479, title V, §535, as added June 20, 1952, ch. 449, §7(m), 66 Stat. 146; amended July 16, 1953, ch. 195, ch. VI, §604, 67 Stat. 155, related to authority to pay ocean freight charges on relief packages.

Section 1675e, act Oct. 10, 1951, ch. 479, title V, §536, as added June 20, 1952, ch. 449, §7(m), 66 Stat. 146, related to authority to make informational media guaranties.

Section 1675f, act Oct. 10, 1951, ch. 479, title V, §537, as added June 20, 1952, ch. 449, §7(m), 66 Stat. 146, related to limitations on the use of propaganda funds.

Section 1675g, act Oct. 10, 1951, ch. 479, title V, §538(a), (b), as added June 20, 1952, ch. 449, §7(m), 66 Stat. 146, related to participation of small business in the furnishing of commodities and services and continuation of the Office of Small Business. See section 2352 of this title.

Section 1675h, act Oct. 10, 1951, ch. 479, title V, §539, as added June 20, 1952, ch. 449, §7(m), 66 Stat. 146, related to limitation on the use of counterpart funds.

Section 1675i, act Oct. 10, 1951, ch. 479, title V, §540, as added July 16, 1953, ch. 195, ch. I, §101, 67 Stat. 152, related to appropriations for military assistance generally.

Section 1675j, act Oct. 10, 1951, ch. 479, title V, §541, as added July 16, 1953, ch. 195, ch. II, §201(a), 67 Stat. 152, related to appropriations for defense, economic, and technical assistance to Europe, Nationalist China, and French Indo-China.

Section 1675k, act Oct. 10, 1951, ch. 479, title V, §542, as added July 16, 1953, ch. 195, ch. III, §301, 67 Stat. 153, related to appropriations for furnishing special weapons and determinations by President with respect to such weapons.

Section 1675l, act Oct. 10, 1951, ch. 479, title V, §543, as added July 16, 1953, ch. 195, ch. IV, §401, 67 Stat. 153, related to appropriations for defense, economic, and technical assistance in the Near East, Africa, Far East, and American Republics.

Section 1675m, act Oct. 10, 1951, ch. 479, title V, §546, as added July 16, 1953, ch. 195, ch. VII, §702, 67 Stat. 156, related to availability of unexpended balances. See section 2404 of this title.

Section 1675n, act Oct. 10, 1951, ch. 479, title V, §547, as added July 16, 1953, ch. 195, ch. VII, §706(e), 67 Stat 158, related to use of funds in economically underdeveloped areas.

Section 1675o, act Oct. 10, 1951, ch. 479, title V, §548, as added July 16, 1953, ch. 195, ch. VII, §706(f)(2), 67 Stat. 159, related to increases in authorized amounts and use of foreign currency.

Section 1675p, act Oct. 10, 1951, ch. 479, title V, §550, as added July 16, 1953, ch. 195, ch. VII, §706(h), 67 Stat. 159, related to surplus agricultural commodities. See sections 1701 and 1704 of Title 7, Agriculture.

See section 2151 et seq. of this title.
22 U.S.C. § 8142 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 88: NUCLEAR NON-PROLIFERATION TREATY-UNITED STATES ADDITIONAL PROTOCOL IMPLEMENTATION / Subchapter IV: ENFORCEMENT / Section 8142: Penalties
Penalties
Status: in_force

(a) Civil

(1) Penalty amounts

Any person that is determined, in accordance with paragraph (2), to have violated section 8124 of this title or section 8141 of this title shall be required by order to pay a civil penalty in an amount not to exceed $25,000 for each violation. For the purposes of this paragraph, each day during which a violation of section 8124 of this title continues shall constitute a separate violation of that section.

(2) Notice and hearing

(A) In general

Before imposing a penalty against a person under paragraph (1), the head of an executive agency designated under section 8111(a) of this title shall provide the person with notice of the order. If, within 15 days after receiving the notice, the person requests a hearing, the head of the designated executive agency shall initiate a hearing on the violation.

(B) Conduct of hearing

Any hearing so requested shall be conducted before an administrative judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5. If no hearing is so requested, the order imposed by the head of the designated agency shall constitute a final agency action.

(C) Issuance of orders

If the administrative judge determines, upon the preponderance of the evidence received, that a person named in the complaint has violated section 8124 of this title or section 8141 of this title, the administrative judge shall state the findings of fact and conclusions of law, and issue and serve on such person an order described in paragraph (1).

(D) Factors for determination of penalty amounts

In determining the amount of any civil penalty, the administrative judge or the head of the designated agency shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of such violations, the degree of culpability, the existence of an internal compliance program, and such other matters as justice may require.

(E) Content of notice

For the purposes of this paragraph, notice shall be in writing and shall be verifiably served upon the person or persons subject to an order described in paragraph (1). In addition, the notice shall—

(i) set forth the time, date, and specific nature of the alleged violation or violations; and

(ii) specify the administrative and judicial remedies available to the person or persons subject to the order, including the availability of a hearing and subsequent appeal.

(3) Administrative appellate review

The decision and order of an administrative judge shall be the recommended decision and order and shall be referred to the head of the designated executive agency for final decision and order. If, within 60 days, the head of the designated executive agency does not modify or vacate the decision and order, it shall become a final agency action under this subsection.

(4) Judicial review

A person adversely affected by a final order may, within 30 days after the date the final order is issued, file a petition in the Court of Appeals for the District of Columbia Circuit or in the Court of Appeals for the district in which the violation occurred.

(5) Enforcement of final orders

(A) In general

If a person fails to comply with a final order issued against such person under this subsection and—

(i) the person has not filed a petition for judicial review of the order in accordance with paragraph (4), or

(ii) a court in an action brought under paragraph (4) has entered a final judgment in favor of the designated executive agency,

the head of the designated executive agency shall commence a civil action to seek compliance with the final order in any appropriate district court of the United States.

(B) No review

In any such civil action, the validity and appropriateness of the final order shall not be subject to review.

(C) Interest

Payment of penalties assessed in a final order under this section shall include interest at currently prevailing rates calculated from the date of expiration of the 60-day period referred to in paragraph (3) or the date of such final order, as the case may be.

(b) Criminal

Any person who violates section 8124 of this title or section 8141 of this title may, in addition to or in lieu of any civil penalty which may be imposed under subsection (a) for such violation, be fined under title 18, imprisoned for not more than five years, or both.

(Pub. L. 109–401, title II, §242, Dec. 18, 2006, 120 Stat. 2747.)
22 U.S.C. § 6416 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 73: INTERNATIONAL RELIGIOUS FREEDOM / Subchapter I: DEPARTMENT OF STATE ACTIVITIES / Section 6416: Equal access to United States missions abroad for conducting religious activities
Equal access to United States missions abroad for conducting religious activities
Status: in_force

(a) In general

Subject to this section, the Secretary of State shall permit, on terms no less favorable than that accorded other nongovernmental activities unrelated to the conduct of the diplomatic mission, access to the premises of any United States diplomatic mission or consular post by any United States citizen seeking to conduct an activity for religious purposes.

(b) Timing and location

The Secretary of State shall make reasonable accommodations with respect to the timing and location of such access in light of—

(1) the number of United States citizens requesting the access (including any particular religious concerns regarding the time of day, date, or physical setting for services);

(2) conflicts with official activities and other nonofficial United States citizen requests;

(3) the availability of openly conducted, organized religious services outside the premises of the mission or post;

(4) availability of space and resources; and

(5) necessary security precautions.

(c) Discretionary access for foreign nationals

The Secretary of State may permit access to the premises of a United States diplomatic mission or consular post to foreign nationals for the purpose of attending or participating in religious activities conducted pursuant to this section.

(Pub. L. 105–292, title I, §107, Oct. 27, 1998, 112 Stat. 2796.)
22 U.S.C. § 5861 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 67: FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND OPEN MARKETS SUPPORT / Subchapter IV: NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES / Section 5861: Research and Development Foundation
Research and Development Foundation
Status: in_force

(a) Establishment

The Director of the National Science Foundation (hereinafter in this section referred to as the "Director") is authorized to establish an endowed, nongovernmental, nonprofit foundation (hereinafter in this section referred to as the "Foundation") in consultation with the Director of the National Institute of Standards and Technology.

(b) Purposes

The purposes of the Foundation shall be the following:

(1) To provide productive research and development opportunities within the independent states of the former Soviet Union that offer scientists and engineers alternatives to emigration and help prevent the dissolution of the technological infrastructure of the independent states.

(2) To advance defense conversion by funding civilian collaborative research and development projects between scientists and engineers in the United States and in the independent states of the former Soviet Union.

(3) To assist in the establishment of a market economy in the independent states of the former Soviet Union by promoting, identifying, and partially funding joint research, development, and demonstration ventures between United States businesses and scientists, engineers, and entrepreneurs in those independent states.

(4) To provide a mechanism for scientists, engineers, and entrepreneurs in the independent states of the former Soviet Union to develop an understanding of commercial business practices by establishing linkages to United States scientists, engineers, and businesses.

(5) To provide access for United States businesses to sophisticated new technologies, talented researchers, and potential new markets within the independent states of the former Soviet Union.

(c) Functions

In carrying out its purposes, the Foundation shall—

(1) promote and support joint research and development projects for peaceful purposes between scientists and engineers in the United States and independent states of the former Soviet Union on subjects of mutual interest; and

(2) seek to establish joint nondefense industrial research, development, and demonstration activities through private sector linkages which may involve participation by scientists and engineers in the university or academic sectors, and which shall include some contribution from industrial participants.

(d) Funding

(1) Use of certain Department of Defense funds

(A) To the extent funds appropriated to carry out subtitle E of title XIV of the National Defense Authorization Act for Fiscal Year 1993 [22 U.S.C. 5931] (relating to joint research and development programs with the independent states of the former Soviet Union) are otherwise available for such purpose, such funds may be made available to the Director for use by the Director in establishing the endowment of the Foundation and otherwise carrying out this section.

(B) For each fiscal year after fiscal year 1993, not more than 50 percent of the funds made available to the Foundation by the United States Government may be funds appropriated in the national defense budget function (function 050).

(2) Contribution to endowment by participating independent states

As a condition of participation in the Foundation, an independent state of the former Soviet Union must make a minimum contribution to the endowment of the Foundation, as determined by the Director, which shall reflect the ability of the independent state to make a financial contribution and its expected level of participation in the Foundation's programs.

(3) Debt conversions

To the extent provided in advance by appropriations Acts, local currencies or other assets resulting from government-to-government debt conversions may be made available to the Foundation. For purposes of this paragraph, the term "debt conversion" means an agreement whereby a country's government-to-government or commercial external debt burden is exchanged by the holder for local currencies, policy commitments, other assets, or other economic activities, or for an equity interest in an enterprise theretofore owned by the debtor government.

(4) Local currencies

In addition to other uses provided by law, and subject to agreement with the foreign government, local currencies generated by United States assistance programs may be made available to the Foundation.

(5) Investment of Government assistance

The Foundation may invest any revenue provided to it through United States Government assistance, and any interest earned on such investment may be used only for the purpose for which the assistance was provided.

(6) Other funds from Government and nongovernmental sources

The Foundation may accept such other funds as may be provided to it by Government agencies or nongovernmental entities.

(Pub. L. 102–511, title V, §511, Oct. 24, 1992, 106 Stat. 3345.)

Editorial Notes

References in Text

Subtitle E of title XIV of the National Defense Authorization Act for Fiscal Year 1993, referred to in subsec. (d)(1), is subtitle E of title XIV of div. A of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2566, which is classified generally to subchapter IV (§5931) of chapter 68 of this title.
22 U.S.C. § 6821 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 76: ASSISTANCE TO COUNTRIES WITH LARGE POPULATIONS HAVING HIV/AIDS / Subchapter II: WORLD BANK AIDS TRUST FUND / Section 6821: Establishment
Establishment
Status: in_force

(a) Negotiations for establishment of Trust Fund

The Secretary of the Treasury shall seek to enter into negotiations with the World Bank or the Association, in consultation with the Administrator of the United States Agency for International Development and other United States Government agencies, and with the member nations of the World Bank or the Association and with other interested parties, for the establishment within the World Bank of—

(1) the World Bank AIDS Trust Fund (in this subchapter referred to as the "Trust Fund") in accordance with the provisions of this part; and

(2) the Advisory Board to the Trust Fund in accordance with section 6824 of this title.

(b) Purpose

The purpose of the Trust Fund should be to use contributed funds to—

(1) assist in the prevention and eradication of HIV/AIDS and the care and treatment of individuals infected with HIV/AIDS; and

(2) provide support for the establishment of programs that provide health care and primary and secondary education for children orphaned by the HIV/AIDS epidemic.

(c) Composition

(1) In general

The Trust Fund should be governed by a Board of Trustees, which should be composed of representatives of the participating donor countries to the Trust Fund. Individuals appointed to the Board should have demonstrated knowledge and experience in the fields of public health, epidemiology, health care (including delivery systems), and development.

(2) United States representation

(A) In general

Upon the effective date of this paragraph, there shall be a United States member of the Board of Trustees, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall have the qualifications described in paragraph (1).

(B) Effective and termination dates

(i) Effective date

This paragraph shall take effect upon the date the Secretary of the Treasury certifies to Congress that an agreement establishing the Trust Fund and providing for a United States member of the Board of Trustees is in effect.

(ii) Termination date

The position established by subparagraph (A) is abolished upon the date of termination of the Trust Fund.

(Pub. L. 106–264, title I, §121, Aug. 19, 2000, 114 Stat. 754.)
22 U.S.C. § 5957 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 68A: COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION / Section 5957: Repealed. Pub. L. 113-291, div. A, title XIII, §1351(3), Dec. 19, 2014, 128 Stat. 3607
Repealed. Pub. L. 113-291, div. A, title XIII, §1351(3), Dec. 19, 2014, 128 Stat. 3607
Status: repealed

Section, Pub. L. 103–160, div. A, title XII, §1208, Nov. 30, 1993, 107 Stat. 1782, defined "appropriate congressional committees" for this chapter.
22 U.S.C. § 6512 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 74: FOREIGN AFFAIRS AGENCIES CONSOLIDATION / Subchapter II: UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY / Section 6512: Transfer of functions to Secretary of State
Transfer of functions to Secretary of State
Status: in_force

There are transferred to the Secretary of State all functions of the Director of the United States Arms Control and Disarmament Agency, and all functions of the United States Arms Control and Disarmament Agency and any office or component of such agency, under any statute, reorganization plan, Executive order, or other provision of law, as of the day before the effective date of this subchapter.

(Pub. L. 105–277, div. G, subdiv. A, title XII, §1212, Oct. 21, 1998, 112 Stat. 2681–767.)

Editorial Notes

References in Text

For the effective date of this subchapter, referred to in text, meaning the effective date of title XII of subdiv. A of div. G of Pub. L. 105–277, see section 1201 of Pub. L. 105–277, set out as a note under section 6511 of this title.
22 U.S.C. § 3142 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 46A: FOREIGN DIRECT INVESTMENT AND INTERNATIONAL FINANCIAL DATA / Section 3142: Report by Secretary of Commerce
Report by Secretary of Commerce
Status: in_force

(a) Annual report on foreign direct investment in United States

Not later than 6 months after November 7, 1990, and not later than the end of each 1-year period occurring thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives, to the Committee on Commerce, Science, and Transportation of the Senate, and to the Joint Economic Committee of the Congress a report on the role and significance of foreign direct investment in the United States. Such report shall address the history, scope, trends, market concentrations, and effects on the United States economy of such investment. In addition, the Secretary of Commerce shall, if requested by any such committee, appear before that committee to provide testimony with respect to any report under this subsection.

(b) Sources of data

In preparing each report under subsection (a), the Secretary of Commerce, or the Secretary's designees, shall consider information collected by—

(1) the Bureau of Economic Analysis under the International Investment and Trade in Services Survey Act (22 U.S.C. 3101 and following);

(2) the Bureau of the Census on industry, manufacturing, research and development, and trade, under title 13;

(3) the Bureau of Labor Statistics pertaining to information collected under the International Investment and Trade in Services Survey Act, but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment;

(4) the Secretary of Commerce or the Secretary's designee pursuant to section 2 1 of Executive Order 11858 of May 7, 1975;

(5) the United States Department of Agriculture under the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 and following);

(6) the Department of the Treasury under section 6039C of title 26, but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment;

(7) the Department of Energy under section 7267(8) of title 42, but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment;

(8) other Federal agencies not referred to in paragraphs (1) through (7), but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment;

(9) foreign governments and agencies thereof; and

(10) private sector sources.

(c) Analyses

(1) The analysis in each report prepared under subsection (a) shall, to the extent of available data, compare business enterprises controlled by foreign persons with other business enterprises in the United States with respect to employment, market share, value added, productivity, research and development, exports, imports, profitability, taxes paid, and investment incentives and services provided by State and local governments (including quasi-governmental entities).

(2) Each such analysis shall be done by significant industry sectors and geographical regions, except that information shall not be presented in a way in which any person, including any business enterprise or establishment, can be identified. The restriction contained in the preceding sentence on presentation of information does not apply to information that is obtained from foreign governments or agencies thereof and that has been published pursuant to the lawful disclosure of the information. To the extent that data are available, each such analysis shall include an analysis, together with current levels and trends, of the number and market share of business enterprises at least 10 percent of the voting securities or other evidences of ownership of which are owned or controlled by a foreign person, and of the number and market share of the establishments of such business enterprises, that are engaged substantially in the production or coproduction of any critical technologies identified in the most recent assessment prepared under section 4816 of title 10 or included in the most recent report submitted to the President under section 6683 1 of title 42.

(Pub. L. 101–533, §3, Nov. 7, 1990, 104 Stat. 2344; Pub. L. 102–484, div. A, title X, §1054(f), Oct. 23, 1992, 106 Stat. 2503; Pub. L. 103–160, div. A, title XI, §1182(d)(2), Nov. 30, 1993, 107 Stat. 1773; Pub. L. 105–261, div. A, title X, §1069(d)(2), Oct. 17, 1998, 112 Stat. 2136; Pub. L. 117–81, div. A, title XVII, §1702(l)(4), Dec. 27, 2021, 135 Stat. 2160.)

Editorial Notes

References in Text

The International Investment and Trade in Services Survey Act, referred to in subsec. (b)(1), (3), is Pub. L. 94–472, Oct. 11, 1976, 90 Stat. 2059, which is classified generally to chapter 46 (§3101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.

Executive Order 11858, referred to in subsec. (b)(4), is set out as a note under section 4565 of Title 50, War and National Defense. Ex. Ord. No. 11858 was amended generally by Ex. Ord. No. 13456, §1, Jan. 23, 2008, 73 F.R. 4677, and, as so amended, section 2 no longer relates to the collection of information on foreign investment. However, similar provisions are now contained in section 9 of Ex. Ord. No. 11858.

The Agricultural Foreign Investment Disclosure Act of 1978, referred to in subsec. (b)(5), is Pub. L. 95–460, Oct. 14, 1978, 92 Stat. 1263, which is classified generally to chapter 66 (§3501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 3501 of Title 7 and Tables.

Section 6683 of title 42, referred to in subsec. (c)(2), was omitted from the Code.

Amendments

2021—Subsec. (c)(2). Pub. L. 117–81 substituted "section 4816" for "section 2505".

1998—Subsec. (c)(2). Pub. L. 105–261 substituted "identified in the most recent assessment prepared under section 2505 of title 10" for "included in the most recent plan submitted to the Congress under section 2506 of title 10".

1993—Subsec. (c)(2). Pub. L. 103–160 substituted "section 2506" for "section 2522".

1992—Subsec. (c)(2). Pub. L. 102–484 substituted "section 2522" for "section 2368".

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

1 See References in Text note below.
22 U.S.C. § 2151o (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 32: FOREIGN ASSISTANCE / Subchapter I: INTERNATIONAL DEVELOPMENT / Section 2151o: Repealed. Pub. L. 103-149, §4(a)(3)(B), Nov. 23, 1993, 107 Stat. 1505
Repealed. Pub. L. 103-149, §4(a)(3)(B), Nov. 23, 1993, 107 Stat. 1505
Status: repealed

Section, Pub. L. 87–195, pt. I, §117, as added Pub. L. 99–440, title II, §201(b), Oct. 2, 1986, 100 Stat. 1094, related to assistance for disadvantaged South Africans.

A prior section 2151o, Pub. L. 87–195, pt. 1, §117, as added Pub. L. 95–88, title I, §112, Aug. 3, 1977, 91 Stat. 537, related to a strategy for programs of nutrition and health improvement for mothers and children, prior to repeal by Pub. L. 95–424, title I, §103(c), Oct. 6, 1978, 92 Stat. 945, eff. Oct. 1, 1978.
22 U.S.C. § 4048 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 52: FOREIGN SERVICE / Subchapter VIII: FOREIGN SERVICE RETIREMENT AND DISABILITY / Section 4048: Retirement for disability or incapacity
Retirement for disability or incapacity
Status: in_force

(a) Causes; service credit

Any participant who has at least 5 years of service credit toward retirement under the System (excluding military and naval service) and who becomes totally disabled or incapacitated for useful and efficient service by reason of disease, illness, or injury (not due to vicious habits, intemperance, or willful conduct of the participant) shall, upon his or her own application or upon order of the Secretary, be retired on an annuity computed as prescribed in section 4046 of this title. If the disabled or incapacitated participant has less than 20 years of service credit toward retirement under the System at the time of retirement, his or her annuity shall be computed on the assumption that the participant has had 20 years of service, except that the additional service credit that may accrue to a participant under this sentence shall in no case exceed the difference between his or her age at the time of retirement and age 60.

However, if a participant retiring under this section is receiving retired pay or retainer pay for military service (except that specified in section 8332(c)(1) or (2) of title 5) or Department of Veterans Affairs pension or compensation in lieu of such retired or retainer pay, the annuity of that participant shall be computed under this part excluding extra credit authorized by this subsection and excluding credit for military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is received, or which would be received but for the application of the limitation in section 5532 1 of title 5 or the Department of Veterans Affairs pension or compensation in lieu of such retired pay or retainer pay, is less than the annuity that would be payable under this part in the absence of the previous sentence, an amount equal to the difference shall be added to the annuity computed under this part.

(b) Physical examination; reinstatement or reappointment upon recovery; fees and expenses; duration and suspension of annuity

Before being retired under this section, the participant shall be given a physical examination by one or more duly qualified physicians or surgeons designated by the Secretary of State to conduct examinations. Disability or incapacity shall be determined by the Secretary of State on the basis of the advice of such physicians or surgeons. Unless the disability or incapacity is permanent, like examinations shall be made annually until the annuitant has attained age 60. If the Secretary of State determines on the basis of the advice of one or more duly qualified physicians or surgeons conducting such examinations that an annuitant has recovered to the extent that he or she can return to duty, the annuitant may apply for reinstatement or reappointment in the Service within 1 year from the date recovery is determined. Upon application, the Secretary shall reinstate such recovered annuitant in the class in which the annuitant was serving at time of retirement, or the Secretary may, taking into consideration the age, qualifications, and experience of such annuitant, and the present class of his or her contemporaries in the Service, appoint or recommend that the President appoint the annuitant to a higher class. Payment of the annuity shall continue until a date 6 months after the date of the examination showing recovery or until the date of reinstatement or reappointment in the Service, whichever is earlier. Fees for examinations under this section, together with reasonable traveling and other expenses incurred in order to submit to examination, shall be paid out of the Fund. If the annuitant fails to submit to examination as required under this subsection, payment of the annuity shall be suspended until continuance of the disability or incapacity is satisfactorily established.

(c) Benefits upon discontinuance of annuity

If a recovered annuitant whose annuity is discontinued is for any reason not reinstated or reappointed in the Service, he or she shall be considered to have been separated within the meaning of section 4050 of this title as of the date of retirement for disability or incapacity and shall, after the discontinuance of the annuity, be entitled to the benefits of that section or of section 4055 of this title, except that he or she may elect voluntary retirement if eligible under section 4051 of this title.

(d) Election of benefits; concurrent benefits allowed

No participant shall be entitled to receive an annuity under this part and compensation for injury or disability to himself or herself under subchapter I of chapter 81 of title 5, covering the same period of time, except that a participant may simultaneously receive both an annuity under this section and scheduled disability payments under section 8107 of title 5. This subsection shall not bar the right of any claimant to the greater benefit conferred by either this part or subchapter I of such chapter 8 2 for any part of the same period of time. Neither this subsection nor any provision of subchapter I of such chapter 8 2 shall be construed to deny the right of any participant to receive an annuity under this part and to receive concurrently any payment under subchapter I of such chapter 8 2 by reason of the death of any other individual.

(e) Lump sum disability payments

Notwithstanding any other law, the right of any individual entitled to an annuity under this part shall not be affected because such person has received an award of compensation in a lump sum under section 8135 of title 5, except that where such annuity is payable on account of the same disability for which compensation under such section has been paid, so much of such compensation as has been paid for any period extended beyond the date such annuity becomes effective, as determined by the Secretary of Labor, shall be refunded to the Department of Labor, to be paid into the Federal Employees' Compensation Fund. Before such individual receives such annuity, he or she shall—

(1) refund to the Department of Labor the amount representing such commuted payments for such extended period, or

(2) authorize the deduction of such amount from the annuity payable under this part, which amount shall be transmitted to the Department of Labor for reimbursement to such Fund.

Deductions from such annuity may be made from accrued and accruing payments, or may be prorated against and paid from accruing payments in such manner as the Secretary of Labor shall determine, whenever the Secretary of Labor finds that the financial circumstances of the annuitant warrant deferred refunding.

(f) Time of filing application; waiver

A claim may be allowed under this section only if the application is filed with the Secretary of State before the participant is separated from the Service or within one year thereafter. This time limitation may be waived by the Secretary of State for a participant who at the date of separation from the Service or within one year thereafter is mentally incompetent, if the application is filed with the Secretary of State within one year from the date of restoration of the participant to competency or the appointment of a fiduciary, whichever is earlier.

(Pub. L. 96–465, title I, §808, Oct. 17, 1980, 94 Stat. 2110; Ex. Ord. No. 12289, §2, Feb. 14, 1981, 46 F.R. 12693; Pub. L. 99–335, title IV, §402(a)(2), (b), June 6, 1986, 100 Stat. 609; Pub. L. 100–238, title II, §215(a), Jan. 8, 1988, 101 Stat. 1774; Pub. L. 102–54, §13(h)(2), June 13, 1991, 105 Stat. 275.)

Editorial Notes

References in Text

Section 5532 of title 5, referred to in subsec. (a), was repealed by Pub. L. 106–65, div. A, title VI, §651(a)(1), Oct. 5, 1999, 113 Stat. 664.

Amendments

1991—Subsec. (a). Pub. L. 102–54 substituted "Department of Veterans Affairs" for "Veterans' Administration" in two places in second par.

1988—Subsecs. (a), (b). Pub. L. 100–238 substituted "60" for "65".

1986—Subsec. (a). Pub. L. 99–335, §402(a)(2), substituted "part" for "subchapter" in three places.

Subsec. (d). Pub. L. 99–335, §402(b)(1), substituted "subchapter I of such chapter 8" for "such subchapter" in three places and "part" for "chapter" in three places.

Subsec. (e). Pub. L. 99–335, §402(b)(2), substituted "part" for "chapter" in two places.

1981—Subsec. (a). Ex. Ord. No. 12289 added second par. relating to computation of annuity for participant retiring under this section and receiving retired or retainer pay.

Statutory Notes and Related Subsidiaries

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.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.

Effective Date of 1981 Amendment

Amendment by Ex. Ord. No. 12289 effective Feb. 15, 1981, see section 3 of Ex. Ord. No. 12289, set out under section 4067 of this title.

1 See References in Text note below.

2 So in original. Probably should be chapter "81".
22 U.S.C. § 5725 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 66: UNITED STATES-HONG KONG POLICY / Subchapter II: STATUS OF HONG KONG IN UNITED STATES LAW / Section 5725: Secretary of State report regarding the autonomy of Hong Kong
Secretary of State report regarding the autonomy of Hong Kong
Status: in_force

(a) Certification

(1) In general

Except as provided in subsection (b), the Secretary of State, on at least an annual basis, and in conjunction with the report required under section 5731 of this title, shall issue a certification to Congress that—

(A) indicates whether Hong Kong continues to warrant treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997;

(B) addresses—

(i) commercial agreements;

(ii) law enforcement cooperation, including extradition requests;

(iii) sanctions enforcement;

(iv) export controls, and any other agreements and forms of exchange involving dual use, critical, or other sensitive technologies;

(v) any formal treaties or agreements between the United States and Hong Kong;

(vi) other areas of bilateral cooperation that the Secretary determines to be relevant; and

(vii) decision-making within the Government of Hong Kong, including executive, legislative, and judicial structures, including—

(I) freedom of assembly;

(II) freedom of speech;

(III) freedom of expression; and

(IV) freedom of the press, including the Internet and social media;

(viii) universal suffrage, including the ultimate aim of the selection of the Chief Executive and all members of the Legislative Council by universal suffrage;

(ix) judicial independence;

(x) police and security functions;

(xi) education;

(xii) laws or regulations regarding treason, secession, sedition, subversion against the Central People's Government of the People's Republic of China, or theft of state secrets;

(xiii) laws or regulations regarding foreign political organizations or bodies;

(xiv) laws or regulations regarding political organizations; and

(xv) other rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, and the International Covenant on Civil and Political Rights, done at New York December 19, 1966; and

(C) includes—

(i) an assessment of the degree of any erosions to Hong Kong's autonomy in each category listed in subparagraph (B) resulting from actions by the Government of the People's Republic of China that are inconsistent with its commitments under the Basic Law or the Joint Declaration;

(ii) an evaluation of the specific impacts to any areas of cooperation between the United States and Hong Kong resulting from erosions of autonomy in Hong Kong or failures of the Government of Hong Kong to fulfill obligations to the United States under international agreements within the categories listed in subparagraph (B); and

(iii) a list of any specific actions taken by the United States Government in response to any erosion of autonomy or failures to fulfill obligations to the United States under international agreements identified in this certification and the report required under section 5731 of this title.

(2) Factor for consideration

In making each certification under paragraph (1), the Secretary of State should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong.

(3) Additional certifications

The certification under section (1) shall be issued annually, but the Secretary may issue additional certifications at any time if the Secretary determines it is warranted by circumstances in Hong Kong.

(b) Waiver authority

(1) In general

The Secretary of State may waive the application of subsection (a) if—

(A) the Secretary determines that such a waiver is in the national security interests of the United States; and

(B) on or before the date on which the waiver takes effect, the Secretary notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of the intent to waive such subsection;

(2) Partial waiver

Except for the list of actions described in subsection (a)(1)(C)(iii), the Secretary of State may waive relevant parts of the application of subsection (a) if the President issues an Executive order under section 5722 of this title that suspends the application of any particular United States law to Hong Kong.

(Pub. L. 102–383, title II, §205, as added Pub. L. 116–76, §4(a)(2), Nov. 27, 2019, 133 Stat. 1163.)
22 U.S.C. § 262s (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 7: INTERNATIONAL BUREAUS, CONGRESSES, ETC. / Section 262s: Multilateral development bank procurement
Multilateral development bank procurement
Status: in_force

(a) Executive Directors

The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to attach a high priority to promoting opportunities for exports for goods and services from the United States and, in carrying out this function, to investigate thoroughly any complaints from United States bidders about the awarding of procurement contracts by the multilateral development banks to ensure that all contract procedures and rules of the banks are observed and that United States firms are treated fairly.

(b) 1 Officer of procurement

(1) Establishment

The Secretary of the Treasury shall designate, within the Office of International Affairs in the Department of the Treasury, an officer of multilateral development bank procurement.

(2) Function

The officer shall act as the liaison between the Department of the Treasury, the Department of Commerce, and the United States Executive Directors' offices in the multilateral development banks, in carrying out this section. The officer shall cooperate with the Department of Commerce in efforts to improve opportunities for multilateral development bank procurement by United States companies.

(b) 1 "Multilateral development bank" defined

As used in this section, the term "multilateral development bank" includes the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the InterAmerican Investment Corporation, the Asian Development Bank, the African Development Bank, and the African Development Fund.

(Pub. L. 95–118, title XVIII, §1801, formerly Pub. L. 100–418, title III, §3202, Aug. 23, 1988, 102 Stat. 1382; renumbered §1801 of Pub. L. 95–118, Pub. L. 101–240, title V, §541(b)(1), Dec. 19, 1989, 103 Stat. 2517.)

Editorial Notes

Codification

Section was formerly classified to section 262q of this title prior to renumbering by Pub. L. 101–240.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 100–418, title III, §3201, Aug. 23, 1988, 102 Stat. 1382, provided that: "This subtitle [subtitle C (§§3201, 3202) of title III of Pub. L. 100–418, enacting former section 262q of this title] may be cited as the 'Multilateral Development Banks Procurement Act of 1988'."

Definitions

The definitions in section 262r of this title apply to this section.

1 So in original. Two subsecs. (b) have been enacted.
22 U.S.C. § 106 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 1: DIPLOMATIC AND CONSULAR SERVICE GENERALLY / Section 106: Repealed. May 3, 1945, ch. 105, §11, 59 Stat. 105
Repealed. May 3, 1945, ch. 105, §11, 59 Stat. 105
Status: repealed

Section 106, R.S. §1699; act Apr. 5, 1906, ch. 1366, §6, 34 Stat. 101, related to restriction of transaction of private business by consular officer.

Section 107, R.S. §1700; act Apr. 5, 1906, ch. 1366, §6, 34 Stat. 101, related to extension of restriction as to transaction of business.

Section 108, R.S. §1701; act Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, related to penalty for violation of restriction and action on bond.
22 U.S.C. § 8572 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 92: COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT / Subchapter VI: STOP HARBORING IRANIAN PETROLEUM / Section 8572: Imposition of sanctions with respect to Iranian petroleum
Imposition of sanctions with respect to Iranian petroleum
Status: in_force

(a) In general

On and after the date that is 180 days after April 24, 2024, and except as provided in subsection (e)(2), the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines knowingly engaged, on or after April 24, 2024, in an activity described in subsection (b).

(b) Activities described

A foreign person engages in an activity described in this subsection if the foreign person—

(1) owns or operates a foreign port at which, on or after April 24, 2024, such person knowingly permits to dock a vessel—

(A) that is 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 for transporting Iranian crude oil or petroleum products; or

(B) of which the operator or owner of such vessel otherwise knowingly engages in a significant transaction involving such vessel to transport, offload, or deal in significant transactions in condensate, refined, or unrefined petroleum products, or other petrochemical products originating from the Islamic Republic of Iran;

(2) owns or operates a vessel through which such owner knowingly conducts a ship to ship transfer involving a significant transaction of any petroleum product originating from the Islamic Republic of Iran;

(3) owns or operates a refinery through which such owner knowingly engages in a significant transaction to process, refine, or otherwise deal in any petroleum product originating from the Islamic Republic of Iran;

(4) is a covered family member of a foreign person described in paragraph (1), (2), or (3); or

(5) is owned or controlled by a foreign person described in paragraph (1), (2), or (3), and knowingly engages in an activity described in paragraph (1), (2), or (3).

(c) Sanctions described

The sanctions described in this subsection with respect to a foreign person described in subsection (a) are the following:

(1) Sanctions on foreign vessels

Subject to such regulations as the President may prescribe, the President may prohibit a vessel described in subsection (b)(1)(A) or (b)(1)(B) from landing at any port in the United States—

(A) with respect to a vessel described in subsection (b)(1)(A), for a period of not more than 2 years beginning on the date on which the President imposes sanctions with respect to a related foreign port described in subsection (b)(1)(A); and

(B) with respect to a vessel described in subsection (b)(1)(B), for a period of not more than 2 years.

(2) Blocking of property

The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(3) Ineligibility for visas, admission, or parole

(A) Visas, admission, or parole

An alien described in subsection (a) is—

(i) inadmissible to the United States;

(ii) ineligible to receive a visa or other documentation to enter the United States; and

(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(B) Current visas revoked

(i) In general

An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.

(ii) Immediate effect

A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien's possession.

(C) Exceptions

Sanctions under this paragraph shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—

(i) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or

(ii) to carry out or assist law enforcement activity in the United States.

(4) Penalties

The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.

(d) Rules of construction

(1) For purposes of determinations under subsection (a) that a foreign person engaged in activities described in subsection (b), a foreign person shall not be determined to know that petroleum or petroleum products originated from Iran if such person relied on a certificate of origin or other documentation confirming that the origin of the petroleum or petroleum products was a country other than Iran, unless such person knew or had reason to know that such documentation was falsified.

(2) Nothing in this subchapter shall be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization.

(e) Implementation; regulations

(1) In general

The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section.

(2) Deadline for regulations

Not later than 180 days after April 24, 2024, the President shall prescribe such regulations as may be necessary for the implementation of this subchapter.

(3) Notification to Congress

Not later than 10 days before the prescription of regulations under paragraph (2), the President shall brief and provide written notification to the appropriate congressional committees regarding—

(A) the proposed regulations; and

(B) the specific provisions of this subchapter that the regulations are implementing.

(f) Exception for humanitarian assistance

(1) In general

Sanctions under this section shall not apply to—

(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or

(B) transactions that are necessary for or related to the activities described in subparagraph (A).

(2) Definitions

In this subsection:

(A) Agricultural commodity

The term "agricultural commodity" has the meaning given that term in section 5602 of title 7.

(B) Medical device

The term "medical device" has the meaning given the term "device" in section 321 of title 21.

(C) Medicine

The term "medicine" has the meaning given the term "drug" in section 321 of title 21.

(g) Exception for safety of vessels and crew

Sanctions under this section shall not apply with respect to a person providing provisions to a vessel otherwise subject to sanctions under this section if such provisions are intended for the safety and care of the crew aboard the vessel, the protection of human life aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage.

(h) Waiver

(1) In general

The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees, not later than 15 days after such waiver is to take effect, that the waiver is vital to the national interests of the United States.

(2) Special rule

The President shall not be required to impose sanctions under this section with respect to a foreign person described in subsection (a) if the President certifies in writing to the appropriate congressional committees that the foreign person—

(A) is no longer engaging in activities described in subsection (b); or

(B) has taken and is continuing to take significant, verifiable steps toward permanently terminating such activities.

(i) Termination

The authorities provided by this section shall cease to have effect on and after the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that—

(1) the Government of Iran no longer repeatedly provides support for international terrorism as determined by the Secretary of State pursuant to—

(A) section 4813(c)(1)(A) of title 50;

(B) section 2371 of this title;

(C) section 2780 of this title; or

(D) any other provision of law; and

(2) Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled, its nuclear, biological, and chemical weapons, ballistic missiles, and ballistic missile launch technology.

(Pub. L. 118–50, div. J, §3, Apr. 24, 2024, 138 Stat. 963.)

Editorial Notes

References in Text

The International Emergency Economic Powers Act, referred to in subsec. (c)(2), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.

The Immigration and Nationality Act, referred to in subsec. (c)(3)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Codification

Section was enacted as part of the Stop Harboring Iranian Petroleum Act, also known as the SHIP Act, and not as part of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 which comprises this chapter.

Executive Documents

Delegation of Functions

Memorandum of President of the United States, §1, Sept. 13, 2024, 89 F.R. 77757, provided:

(a) I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 3(a), 3(c)(1), and 3(e) of the Stop Harboring Iranian Petroleum Act (Division J of Public Law 118–50) (the "SHIP Act") [22 U.S.C. 8572(a), (c)(1), (e)].

(b) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 3(c)(2) of the SHIP Act.

(c) I hereby delegate to the Secretary of State the functions and authorities vested in the President by sections 3(h) and 3(i) of the SHIP Act.

J.R. Biden, Jr.
22 U.S.C. § 1644h (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 21: SETTLEMENT OF INTERNATIONAL CLAIMS / Subchapter VI: CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC / Section 1644h: Certification of amounts; priority of payments
Certification of amounts; priority of payments
Status: in_force

(a) The Commission shall certify to the Secretary of the Treasury, in terms of United States currency, each award made pursuant to section 1644b of this title.

(b) Upon certification of such award, the Secretary of the Treasury is authorized and directed, out of the sums covered into the Claims Fund, to make payments on account of such awards as follows, and in the following order of priority:

(1) payment in full of the principal amount of each award of $1,000 or less;

(2) payment in the amount of $1,000 on account of the principal amount of each award of more than $1,000 in principal amount;

(3) thereafter, payments from time to time, in ratable proportions, on account of the unpaid balance of the principal amounts of all awards according to the proportions which the unpaid balance of such awards bear to the total amount in the fund available for distribution at the time such payments are made;

(4) after payment has been made in full of the principal amounts of all awards, pro rata payments may be made on account of any interest that may be allowed on such awards;

(5) payments or applications for payments shall be made in accordance with such regulations as the Secretary of the Treasury may prescribe.

(Mar. 10, 1950, ch. 54, title VI, §608, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2511.)
22 U.S.C. § 2318 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 32: FOREIGN ASSISTANCE / Subchapter II: MILITARY ASSISTANCE AND SALES / Section 2318: Special authority
Special authority
Status: in_force

(a) Unforeseen emergency; national interest; determinations and reports to Congress; limitation of defense articles, defense services, and military education and training furnished

(1) If the President determines and reports to the Congress in accordance with section 2411 of this title that—

(A) an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and

(B) the emergency requirement cannot be met under the authority of the Arms Export Control Act [22 U.S.C. 2751 et seq.] or any other law except this section;

he may direct, for the purposes of subchapter II of this chapter, the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $100,000,000 in any fiscal year.

(2)(A) If the President determines and reports to the Congress in accordance with section 2411 of this title that it is in the national interest of the United States to draw down articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training—

(i) for the purposes and under the authorities of—

(I) part VIII of subchapter I of this chapter (relating to international narcotics control assistance);

(II) part IX of subchapter I of this chapter (relating to international disaster assistance);

(III) part VIII of subchapter II of this chapter (relating to antiterrorism assistance);

(IV) part IX of subchapter II of this chapter (relating to nonproliferation assistance); or

(V) the Migration and Refugee Assistance Act of 1962 [22 U.S.C. 2601 et seq.]; or

(ii) for the purpose of providing such articles, services, and military education and training to Vietnam, Cambodia, and Laos as the President determines are necessary—

(I) to support cooperative efforts to locate and repatriate members of the United States Armed Forces and civilians employed directly or indirectly by the United States Government who remain unaccounted for from the Vietnam War; and

(II) to ensure the safety of United States Government personnel engaged in such cooperative efforts and to support Department of Defense-sponsored humanitarian projects associated with such efforts.

(B) An aggregate value of not to exceed $200,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph—

(i) not more than $75,000,000 of which may be provided from the drawdown from the inventory and resources of the Department of Defense;

(ii) not more than $75,000,000 of which may be provided pursuant to clause (i)(I) of such subparagraph; and

(iii) not more than $15,000,000 of which may be provided to Vietnam, Cambodia, and Laos pursuant to clause (ii) of such subparagraph.

(3) In addition to amounts already specified in this section, the President may direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $1,000,000,000 per fiscal year, to be provided to Taiwan.

(b) Notification and information to Congress of assistance furnished

(1) The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appropriations of each House of Congress. In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.

(2) The President shall keep the Congress fully and currently informed of all defense articles, defense services, and military education and training provided under this section, including providing the Congress with a report detailing all defense articles, defense services, and military education and training delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets.

(c) Commercial transportation and related services

For the purposes of any provision of law that authorizes the drawdown of defense or other articles or commodities, or defense or other services from an agency of the United States Government, such drawdown may include the supply of commercial transportation and related services that are acquired by contract for the purposes of the drawdown in question if the cost to acquire such commercial transportation and related services is less than the cost to the United States Government of providing such services from existing agency assets.

(d) Authorization of appropriations for reimbursement of applicable funds

There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section.

(Pub. L. 87–195, pt. II, §506, formerly §510, Sept. 4, 1961, 75 Stat. 437; Pub. L. 87–565, pt. II, §201(d), Aug. 1, 1962, 76 Stat. 260; Pub. L. 88–205, pt. II, §202(c), Dec. 16, 1963, 77 Stat. 384; Pub. L. 88–633, pt. II, §201(e), Oct. 7, 1964, 78 Stat. 1012; Pub. L. 89–171, pt. II, §201(g), Sept. 6, 1965, 79 Stat. 658; Pub. L. 89–583, pt. II, §201(d), Sept. 19, 1966, 80 Stat. 803; renumbered §506 and amended Pub. L. 90–137, pt. II, §201(j), Nov. 14, 1967, 81 Stat. 457; Pub. L. 90–554, pt. II, §201(b), Oct. 8, 1968, 82 Stat. 962; Pub. L. 91–175, pt. II, §202, Dec. 30, 1969, 83 Stat. 820; Pub. L. 92–226, pt. II, §201(d), pt. III, §304(a)(2), Feb. 7, 1972, 86 Stat. 25, 28; Pub. L. 93–189, §12(b)(4), Dec. 17, 1973, 87 Stat. 721; Pub. L. 93–559, §11, Dec. 30, 1974, 88 Stat. 1798; Pub. L. 94–329, title I, §102, June 30, 1976, 90 Stat. 730; Pub. L. 96–92, §5(b), Oct. 29, 1979, 93 Stat. 702; Pub. L. 96–533, title I, §112(c), Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97–113, title I, §110(b), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 101–167, title V, §551(b), Nov. 21, 1989, 103 Stat. 1236; Pub. L. 104–164, title I, §103(a), (b), July 21, 1996, 110 Stat. 1423; Pub. L. 105–118, title V, §576, Nov. 26, 1997, 111 Stat. 2433; Pub. L. 106–280, title I, §121, Oct. 6, 2000, 114 Stat. 850; Pub. L. 117–263, div. E, title LV, §5505(a), Dec. 23, 2022, 136 Stat. 3298.)

Editorial Notes

References in Text

The Arms Export Control Act, referred to in subsec. (a)(1)(B), 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 Migration and Refugee Assistance Act of 1962, referred to in subsec. (a)(2)(A)(i)(V), is Pub. L. 87–510, June 28, 1962, 76 Stat. 121, which is classified principally to chapter 36 (§2601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables.

Amendments

2022—Subsec. (a)(3). Pub. L. 117–263 added par. (3).

2000—Subsec. (a)(2)(A)(i)(III) to (V). Pub. L. 106–280, §121(b), added subcls. (III) to (V) and struck out former subcl. (III) which read as follows: "the Migration and Refugee Assistance Act of 1962; or".

Subsec. (a)(2)(B). Pub. L. 106–280, §121(a), substituted "$200,000,000" for "$150,000,000" in introductory provisions.

1997—Subsec. (b)(2). Pub. L. 105–118, §576(1), inserted before period at end ", including providing the Congress with a report detailing all defense articles, defense services, and military education and training delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets".

Subsecs. (c), (d). Pub. L. 105–118, §576(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

1996—Subsec. (a)(1). Pub. L. 104–164, §103(a), substituted "$100,000,000" for "$75,000,000" in concluding provisions.

Subsec. (a)(2)(A). Pub. L. 104–164, §103(b)(1), substituted "articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training—" and cls. (i) and (ii) for "defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, he may direct—

"(i) the drawdown of such articles, services, and the provision of such training for the purposes and under the authorities of parts VIII and IX of subchapter I of this chapter, as the case may be; and

"(ii) the drawdown of defense services for the purposes and under the authorities of the Migration and Refugee Assistance Act of 1962."

Subsec. (a)(2)(B). Pub. L. 104–164, §103(b)(2), substituted "$150,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph—" and cls. (i) to (iii) for "$75,000,000 in any fiscal year of defense articles, defense services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph."

Subsec. (b)(1). Pub. L. 104–164, §103(b)(3), inserted at end "In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title."

1989—Subsec. (a). Pub. L. 101–167 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).

1981—Subsec. (a). Pub. L. 97–113 increased fiscal year limitation to $75,000,000 from $50,000,000 on aggregate value of assistance furnished.

1980—Subsec. (a). Pub. L. 96–533 increased to $50,000,000 from $10,000,000 fiscal year limitation on aggregate value of assistance furnished.

1979—Subsec. (a). Pub. L. 96–92 authorized military education and training assistance, substituted $10,000,000 fiscal year limitation on aggregate value of assistance furnished for $67,500,000 fiscal year limitation on total value of defense articles and defense services ordered, and eliminated requirement for determination that failure to respond immediately to the emergency would result in serious harm to vital United States security interests, deleted provision authorizing reimbursement from subsequent appropriations which is covered in subsec. (c), provision for effectiveness of authority only as provided in an appropriation Act, and requirement of information to Congress which is covered in subsec. (b)(2).

Subsec. (b). Pub. L. 96–92 required notification of Congressional Committees, reenacted former subsec. (a) provision for information to Congress respecting assistance furnished, included military education and training, and deleted authorization of Defense Department, in applicable appropriations, to incur obligations in anticipation of reimbursements, and authorization of appropriations for reimbursement purposes.

Subsec. (c). Pub. L. 96–92 incorporated reimbursement provision of former subsec. (b) and expanded section to include military education and training.

1976—Subsec. (a). Pub. L. 94–329 redesignated existing provisions as pars. (1) to (3), limited the President's authority to act by inserting requirements that he act only in cases of unforeseen emergencies requiring immediate military assistance to a foreign country or international organization where vital United States security interests are concerned when such emergency requirement cannot be met under authority of the Arms Export Control Act or any other law, reduced the President's authority from $150 million to $67.5 million in any fiscal year, and required current reporting to Congress on the use of such authority.

1974—Subsec. (a). Pub. L. 93–559 substituted "fiscal year 1975" for "fiscal year 1974" wherever appearing and "$150,000,000" for "$250,000,000".

1973—Subsec. (a). Pub. L. 93–189 substituted "the fiscal year 1974", "in the security interests", and "$250,000,000" for "the fiscal year 1972", "vital to the security", and "$300,000,000", respectively.

1972—Subsec. (a). Pub. L. 92–226 substituted "1972" for "1970 and the fiscal year 1971" and "the fiscal year 1972" for "each of the fiscal years 1970 and 1971", and repealed last sentence providing for prompt notice of action taken to Committees on Foreign Relations, Appropriations, and Armed Services of the Senate and Speaker of the House.

1969—Subsec. (a). Pub. L. 91–175 substituted "1970 and the fiscal year 1971" for "1969" in first sentence, and substituted "in each of the fiscal years 1970 and 1971" for "in the fiscal year 1969" in second sentence.

1968—Subsec. (a). Pub. L. 90–554 substituted "1969" for "1968" wherever appearing.

1967—Subsec. (a). Pub. L. 90–137 substituted "1968" for "1967" wherever appearing.

1966—Subsec. (a). Pub. L. 89–583 substituted "1967" for "1966" wherever appearing.

1965—Subsec. (a). Pub. L. 89–171 substituted "1966" for "1965" wherever appearing.

1964—Subsec. (a). Pub. L. 88–633 substituted "1965" for "1964" wherever appearing.

1963—Subsec. (a). Pub. L. 88–205 substituted "1964" for "1963" wherever appearing.

1962—Subsec. (a). Pub. L. 87–565 substituted "1963" for "1962" wherever appearing.

Statutory Notes and Related Subsidiaries

References to Subchapter II Deemed To Exclude Certain Parts of Subchapter II

References to subchapter II of this chapter are deemed to exclude parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.

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. § 284a (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 7: INTERNATIONAL BUREAUS, CONGRESSES, ETC. / Subchapter XIII: INTERNATIONAL DEVELOPMENT ASSOCIATION / Section 284a: Governor, executive director, and alternates of Association
Governor, executive director, and alternates of Association
Status: in_force

The Governor and Executive Director of the International Bank for Reconstruction and Development, and the alternate for each of them, appointed under section 286a of this title, shall serve as Governor, Executive Director and alternates, respectively, of the Association.

(Pub. L. 86–565, §3, June 30, 1960, 74 Stat. 293.)
22 U.S.C. § 3282 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 47: NUCLEAR NON-PROLIFERATION / Subchapter IV: EXECUTIVE REPORTING / Section 3282: Reports by departments and agencies
Reports by departments and agencies
Status: in_force

(a) Reports by Nuclear Regulatory Commission and Department of Energy

The annual reports to the Congress by the Commission and the Department of Energy which are otherwise required by law shall also include views and recommendations regarding the policies and actions of the United States to prevent proliferation which are the statutory responsibility of those agencies. The Department's report shall include a detailed analysis of the proliferation implications of advanced enrichment and reprocessing techniques, advanced reactors, and alternative nuclear fuel cycles. This part of the report shall include a comprehensive version which includes any relevant classified information and a summary unclassified version.

(b) Additional reporting requirements

The reporting requirements of this subchapter are in addition to and not in lieu of any other reporting requirements under applicable law.

(c) Committees on Foreign Relations and Governmental Affairs of Senate and Committee on International Relations of House of Representatives to be kept informed

(1) The Department of State, the Department of Defense, the Department of Commerce, the Department of Energy, the Commission, and, with regard to subparagraph (B), the Director of Central Intelligence, shall keep the Committees on Foreign Relations and Governmental Affairs of the Senate and the Committee on International Relations of the House of Representatives fully and currently informed with respect to—

(A) their activities to carry out the purposes and policies of this chapter and to otherwise prevent proliferation, including the proliferation of nuclear, chemical, or biological weapons, or their means of delivery; and

(B) the current activities of foreign nations which are of significance from the proliferation standpoint.

(2) For the purposes of this subsection with respect to paragraph (1)(B), the phrase "fully and currently informed" means the transmittal of credible information not later than 60 days after becoming aware of the activity concerned.

(d) Classified portions of reports

Any classified portions of the reports required by this chapter shall be submitted to the Senate Foreign Relations Committee and the House Foreign Affairs Committee.

(e) Omitted

(f) Access by Secretary of Defense to information regarding nuclear proliferation matters; applicability

(1) The Secretary of Defense shall have access, on a timely basis, to all information regarding nuclear proliferation matters which the Secretary of State or the Secretary of Energy has or is entitled to have. Such access shall include access to all communications, materials, documents, and records relating to nuclear proliferation matters.

(2) This subsection does not apply to any intradepartmental document of the Department of State or the Department of Energy, or any portion of such document, that is solely concerned with internal, confidential advice on policy concerning the conduct of interagency deliberations on nuclear proliferation matters.

(Pub. L. 95–242, title VI, §602, Mar. 10, 1978, 92 Stat. 151; Pub. L. 99–661, div. A, title XIII, §1370, Nov. 14, 1986, 100 Stat. 4004; Pub. L. 103–437, §9(a)(8), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 105–277, div. G, subdiv. A, title XII, §1225(e)(6), Oct. 21, 1998, 112 Stat. 2681–775; Pub. L. 106–113, div. B, §1000(a)(7), [div. B, title XI, §1131], Nov. 29, 1999, 113 Stat. 1536, 1501A–492.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (c)(1)(A) and (d), was in the original "this Act", meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables.

Codification

Subsec. (e) directed that, three years after Mar. 10, 1978, the Comptroller General complete a study and report to Congress on the implementation and impact of this chapter on the nuclear non-proliferation policies, purposes, and objectives of this chapter, with such recommendations as deemed necessary to support the nuclear non-proliferation policies, purposes, and objectives of this chapter.

Amendments

1999—Subsec. (c). Pub. L. 106–113 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Department of State, the Department of Defense, the Department of Commerce, the Department of Energy, and the Commission shall keep the Committees on Foreign Relations and Governmental Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives fully and currently informed with respect to their activities to carry out the purposes and policies of this chapter and to otherwise prevent proliferation, and with respect to the current activities of foreign nations which are of significance from the proliferation standpoint."

1998—Subsec. (c). Pub. L. 105–277, §1225(e)(6)(A), struck out "the Arms Control and Disarmament Agency," after "the Department of Defense,".

Subsec. (e). Pub. L. 105–277, §1225(e)(6)(B), struck out "and the Director" after "and the Commission" in subsec. (e), which had previously been omitted from the Code. See Codification note above.

1994—Subsecs. (c), (d). Pub. L. 103–437 substituted "Foreign Affairs" for "International Relations".

1986—Subsec. (c). Pub. L. 99–661, §1370(1), inserted "the Department of Defense,".

Subsec. (f). Pub. L. 99–661, §1370(2), added subsec. (f).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

Effective Date

Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of this title.

Provision of Certain Information to Congress

Pub. L. 106–113, div. B, §1000(a)(7) [div. B, title XI, §1134], Nov. 29, 1999, 113 Stat. 1536, 1501A–494, provided that:

"(a) Requirement to Provide Information.—The head of each department and agency described in section 602(c) of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall promptly provide information to the chairman and ranking minority member of the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives in meeting the requirements of subsection (c) or (d) of section 602 of such Act [22 U.S.C. 3282(c), (d)].

"(b) Issuance of Directives.—Not later than February 1, 2000, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Secretary of Energy, the Director of Central Intelligence, and the Chairman of the Nuclear Regulatory Commission shall issue directives, which shall provide access to information, including information contained in special access programs, to implement their responsibilities under subsections (c) and (d) of section 602 of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)). Copies of such directives shall be forwarded promptly to the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives upon the issuance of the directives."
22 U.S.C. § 2396 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 32: FOREIGN ASSISTANCE / Subchapter III: GENERAL AND ADMINISTRATIVE PROVISIONS / Section 2396: Availability of funds
Availability of funds
Status: in_force

(a) General expenditures

Appropriations for the purposes of or pursuant to this chapter (except for subchapter II of this chapter), allocations to any agency of the United States Government, from other appropriations, for functions directly related to the purposes of this chapter, and funds made available for other purposes to the agency primarily responsible for administrating subchapter I of this chapter, shall be available for:

(1) rent of buildings and space in buildings in the United States, and for repair, alteration, and improvement of such leased properties;

(2) expenses of attendance at meetings concerned with the purposes of such appropriations or of this chapter, including (notwithstanding the provisions of section 1346(a) and (c) of title 31) expenses in connection with meetings of persons whose employment is authorized by section 2386 of this title;

(3) contracting with individuals for personal services abroad: Provided, That such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Civil Service Commission;

(4) purchase, maintenance, operation, and hire of aircraft: Provided, That aircraft for administrative purposes may be purchased only as specifically provided for in an appropriation or other Act;

(5) purchase and hire of passenger motor vehicles: Provided, That, except as may otherwise be provided in an appropriation or other Act, passenger motor vehicles for administrative purposes outside the United States may be purchased for replacement only, and such vehicles may be exchanged or sold and replaced by an equal number of such vehicles, and the cost, including exchange allowance, of each such replacement shall not exceed the current market price in the United States of a mid-sized sedan or station wagon meeting the requirements established by the General Services Administration for a Class III vehicle of United States manufacture (or, if the replacement vehicle is a right-hand drive vehicle, 120 percent of that price) in the case of an automobile for the chief of any special mission or staff outside the United States established under section 2391 of this title: Provided further, That passenger motor vehicles, other than one for the official use of the head of the agency primarily responsible for administering subchapter I of this chapter, may be purchased for use in the United States only as may be specifically provided in an appropriation or other Act;

(6) entertainment (not to exceed $25,000 in any fiscal year except as may otherwise be provided in an appropriation or other Act);

(7) exchange of funds without regard to section 3651 1 of the Revised Statutes (31 U.S.C. 543) and loss by exchange;

(8) expenditures (not to exceed $50,000 in any fiscal year except as may otherwise be provided in an appropriation or other Act) of a confidential character other than entertainment: Provided, That a certificate of the amount of each such expenditure, the nature of which it is considered inadvisable to specify, shall be made by the head of the agency primarily responsible for administering subchapter I of this chapter or such person as he may designate, and every such certificate shall be deemed a sufficient voucher for the amount therein specified;

(9) insurance of official motor vehicles or aircraft acquired for use in foreign countries;

(10) rent or lease outside the United States for not to exceed ten years of offices, buildings, grounds, and quarters, including living quarters to house personnel, and payments therefor in advance; maintenance, furnishings, necessary repairs, improvements, and alterations to properties owned or rented by the United States Government or made available for use to the United States Government outside the United States; and costs of fuel, water, and utilities for such properties;

(11) expenses of preparing and transporting to their former homes, or, with respect to foreign participants engaged in any program under subchapter I of this chapter, to their former homes or places of burial, and of care and disposition of, the remains of persons or members of the families of persons who may die while such persons are away from their homes participating in activities carried out with funds covered by this subsection;

(12) purchase of uniforms;

(13) payment of per diem in lieu of subsistence to foreign participants engaged in any program under subchapter I of this chapter while such participants are away from their homes in countries other than the United States, at rates not in excess of those prescribed by the standardized Government travel regulations, notwithstanding any other provision of law;

(14) use in accordance with authorities of the Foreign Service Act of 1980, as amended (22 U.S.C. 3901 et seq.), not otherwise provided for;

(15) ice and drinking water for use outside the United States;

(16) services of commissioned officers of the Environmental Science Services Administration, and for the purposes of providing such services the Environmental Science Services Administration may appoint not to exceed twenty commissioned officers in addition to those otherwise authorized;

(17) employing individuals or organizations, by contract, for services abroad for purposes of this chapter and title II of the Food for Peace Act [7 U.S.C. 1721 et seq.], and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government (except that the Administrator of the United States Agency for International Development may determine the applicability to such individuals of section 2672 1 of this title regarding tort claims when such claims arise in foreign countries in connection with United States operations abroad, and of any other law administered by the Administrator concerning the employment of such individuals abroad), and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States.

(b) Compensation, allowances, and travel of personnel; printing and binding; expenditures outside United States

Funds made available for the purposes of this chapter may be used for compensation, allowances, and travel of personnel including Foreign Service personnel whose services are utilized primarily for the purposes of this chapter, for printing and binding without regard to the provisions of any other law, and for expenditures outside the United States for the procurement of supplies and services and for other administrative and operating purposes (other than compensation of personnel) without regard to such laws and regulations governing the obligation and expenditure of funds of the United States Government as may be necessary to accomplish the purposes of this chapter.

(c) Construction of living quarters, office space, and supporting facilities

Notwithstanding any other law, not to exceed $6,000,000 of the funds available for assistance under this chapter may be used in any fiscal year (in addition to funds available for such use under other authorities in this chapter) to construct or otherwise acquire outside the United States (1) essential living quarters, office space, and necessary supporting facilities for use of personnel carrying out activities authorized by this chapter, and (2) schools (including dormitories and boarding facilities) and hospitals for use of personnel carrying out activities authorized by this chapter, United States Government personnel, and their dependents. In addition, funds made available for assistance under this chapter may be used, notwithstanding any other law, to equip, staff, operate, and maintain such schools and hospitals.

(d) Education of dependents

Not to exceed $2,500,000 of the funds available for assistance under this chapter may be used in any fiscal year to provide assistance, on such terms and conditions as are deemed appropriate, to schools established, or to be established, outside the United States whenever it is determined that such action would be more economical or would best serve the interests of the United States in providing for the education of dependents of personnel carrying out activities authorized by this chapter and dependents of United States Government personnel, in lieu of acquisition or construction pursuant to subsection (c) of this section.

(e) Training costs

Funds available under this chapter may be used to pay costs of training United States citizen personnel employed or assigned pursuant to section 2385(d)(2) 1 of this title (through interchange or otherwise) at any State or local unit of government, public or private nonprofit institution, trade, labor, agricultural, or scientific association or organization, or commercial firm; and the provisions of sections 1881 to 1888 1 of title 7 may be used to carry out the foregoing authority notwithstanding that interchange of personnel may not be involved or that the training may not take place at the institutions specified in sections 1881 to 1888 1 of title 7. Such training shall not be considered employment or holding of office under section 5533 of title 5, and any payments or contributions in connection therewith may, as deemed appropriate by the head of the agency of the United States Government authorizing such training, be made by private or public sources and be accepted by any trainee, or may be accepted by and credited to the current applicable appropriation of such agency: Provided, however, That any such payments to any employee in the nature of compensation shall be in lieu, or in reduction, of compensation received from the United States Government.

(f) Assistance in carrying out functions under certain laws

Funds made available under part I of subchapter I of this chapter may be used for expenses (other than those provided for under section 2397(a) of this title) to assist in carrying out functions under part I of subchapter I of this chapter, under the Food for Peace Act, as amended [7 U.S.C. 1691 et seq.], and under the Latin American Development Act, as amended, performed by the agency primarily responsible for administering subchapter I of this chapter or by the Corporation established under subpart IV of part II of subchapter I of this chapter with respect to loan activities which it carries out under the provisions of the Food for Peace Act, as amended.

(g) Administrative, extraordinary, and operating expenses; reimbursement of military officers; training of foreign military personnel

Funds made available for the purposes of subchapter II of this chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.] shall be available for—

(1) administrative, extraordinary (not to exceed $300,000 in any fiscal year), and operating expenses incurred in furnishing defense articles, military education and training and defense services on a grant or sales basis by the agency primarily responsible for administering subchapter II of this chapter;

(2) reimbursement of actual expenses of military officers detailed or assigned as tour directors in connection with orientation visits of foreign military and related civilian personnel, in accordance with provisions of section 5702 of title 5, applicable to civilian officers and employees; and

(3) maintenance, repair, alteration and furnishing of United States-owned facilities in the District of Columbia or elsewhere for the training of foreign military and related civilian personnel, without regard to the provisions of section 6303 of title 41 or other provision of law requiring a specific authorization or specific appropriation for such public contracts.

(h) Recipient countries to contribute local currencies; utilization of foreign currencies owned by United States

In carrying out programs under this chapter, the President shall take all appropriate steps to assure that, to the maximum extent possible, (1) countries receiving assistance under this chapter contribute local currencies to meet the cost of contractual and other services rendered in conjunction with such programs, and (2) foreign currencies owned by the United States are utilized to meet the costs of such contractual and other services.

(i) Financing motor vehicle transactions; waiver of domestic manufacturing restriction

Notwithstanding section 2399a 1 of this title or any other provision of this chapter, none of the funds made available to carry out this chapter shall be used to finance the purchase, sale, long-term lease, exchange, or guaranty of a sale of motor vehicles unless such motor vehicles are manufactured in the United States: Provided, That where special circumstances exist the President is authorized to waive the provisions of this section in order to carry out the purposes of this chapter.

(Pub. L. 87–195, pt. III, §636, Sept. 4, 1961, 75 Stat. 457; Pub. L. 88–205, pt. III, §302(f), Dec. 16, 1963, 77 Stat. 389; Pub. L. 89–171, pt. III, §302(h), Sept. 6, 1965, 79 Stat. 660; Pub. L. 90–137, pt. III, §302(j)–(o), Nov. 14, 1967, 81 Stat. 461, 462; Pub. L. 90–554, pt. III, §302(d), Oct. 8, 1968, 82 Stat. 965; Pub. L. 91–175, pt. III, §306, Dec. 30, 1969, 83 Stat. 821; Pub. L. 94–329, title I, §106(b)(5), June 30, 1976, 90 Stat. 733; Pub. L. 95–424, title I, §102(g)(2)(H)–(J), title V, §505, Oct. 6, 1978, 92 Stat. 943, 960; Pub. L. 99–83, title XII, §1211(b)(1), Aug. 8, 1985, 99 Stat. 279; Pub. L. 99–234, title I, §107(b), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 99–550, §2(b), Oct. 27, 1986, 100 Stat. 3070; Pub. L. 100–202, §101(e) [title II, §201], Dec. 22, 1987, 101 Stat. 1329–131, 1329–141; Pub. L. 101–167, title III, Nov. 21, 1989, 103 Stat. 1214; Pub. L. 107–372, title II, §271(7), Dec. 19, 2002, 116 Stat. 3094; Pub. L. 110–246, title III, §3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820; Pub. L. 118–159, div. G, title LXXVI, §7601, Dec. 23, 2024, 138 Stat. 2552.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) to (e), (h), and (i), was in the original "this Act", meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to in subsec. (a)(7), was repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31, Money and Finance.

The Foreign Service Act of 1980, referred to in subsec. (a)(14), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

The Food for Peace Act, referred to in subsecs. (a)(17) and (f), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§1691 et seq.) of Title 7, Agriculture. Title II of the Act is classified generally to subchapter III (§1721 et seq.) of Title 7. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables.

Section 2672 of this title, referred to in subsec. (a)(17), was in the original "section 5 of the State Department Basic Authorities Act of 1965" and was translated as reading "section 5 of the State Department Basic Authorities Act of 1956", to reflect the probable intent of Congress.

Section 2385(d) of this title, referred to in subsec. (e), was amended by Pub. L. 96–465, title II, §2203(a), Oct. 17, 1980, 94 Stat. 2158, and as so amended does not contain a par. (2).

Sections 1881 to 1888 of title 7, referred to in subsec. (e), which related to the interchange of Department of Agriculture and State employees, were repealed by Pub. L. 91–648, title IV, §403, Jan. 5, 1971, 84 Stat. 1925. See section 3371 et seq. of Title 5, Government Organization and Employees.

The Latin American Development Act, as amended, referred to in subsec. (f), is Pub. L. 86–735, Sept. 8, 1960, 74 Stat. 869, which enacted sections 1942 to 1945 of this title and amended section 1753a of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1942 of this title and Tables.

The Arms Export Control Act, referred to in subsec. (g), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.

Section 2399a of this title, referred to in subsec. (i), was repealed by Pub. L. 90–629, ch. 4, §45(a), Oct. 22, 1968, 82 Stat. 1327. See section 2753(a)(1) of this title.

Codification

In subsec. (a)(2), "section 1346(a) and (c) of title 31" substituted for "section 9 of Public Law 60–328 (31 U.S.C. 673))" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

In subsec. (g)(3), "section 6303 of title 41" substituted for "section 3733 of the Revised Statutes (41 U.S.C. 12)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2024—Subsec. (a)(17). Pub. L. 118–159 added par. (17).

2008—Subsec. (f). Pub. L. 110–246 substituted "Food for Peace Act" for "Agricultural Trade Development and Assistance Act of 1954" in two places.

2002—Subsec. (a)(17). Pub. L. 107–372 struck out par. (17) which read as follows: "expenses in connection with travel of personnel outside the United States, including travel expenses of dependents (including expenses during necessary stopovers while engaged in such travel), and transportation of personal effects, household goods, and automobiles of such personnel when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that fiscal year, notwithstanding the fact that such travel or transportation may not be completed during the same fiscal year, and cost of transporting automobiles to and from a place of storage, and the cost of storing automobiles of such personnel when it is in the public interest or more economical to authorize storage."

1989—Subsec. (g). Pub. L. 101–167 inserted "or the Arms Export Control Act" after "subchapter II of this chapter" in introductory provisions.

1987—Subsec. (c). Pub. L. 100–202 substituted "$6,000,000" for "$3,000,000".

1986—Subsec. (a)(5). Pub. L. 99–550 struck out "(without regard to the limitations contained in section 5 of Public Law 63–127, as amended (31 U.S.C. 638a(c)(2)), and section 201 of Public Law 85–468 (31 U.S.C. 638c))" after "official use".

Subsec. (g)(2). Pub. L. 99–234 substituted "5702" for "5702(c)".

1985—Subsec. (a)(14). Pub. L. 99–83 substituted reference to Foreign Service Act of 1980 for reference to Foreign Service Act of 1946.

1978—Subsec. (a)(5). Pub. L. 95–424, §505, substituted "the current market price in the United States of a mid-sized sedan or station wagon meeting the requirements established by the General Services Administration for a Class III vehicle of United States manufacture (or, if the replacement vehicle is a right hand drive vehicle, 120 percent of that price)" for "$3,500".

Subsec. (c). Pub. L. 95–424, §102(g)(2)(H), struck out "(other than subpart I of part II of subchapter I of this chapter)" after "under this chapter" in two places.

Subsecs. (d), (e). Pub. L. 95–424, §102(g)(2)(I), struck out "(other than subpart I of part II of subchapter I of this chapter)" after "under this chapter".

Subsec. (f). Pub. L. 95–424, §102(g)(2)(J), substituted "available under part I of subchapter I of this chapter" for "section 2172 of this title", and "functions under part I" for "functions under subpart I of part II".

1976—Subsec. (g)(1). Pub. L. 94–329, §106(b)(5)(A), inserted "military education and training" after "articles".

Subsec. (g)(2), (3). Pub. L. 94–329, §106(b)(5)(B), substituted "and related civilian personnel" for "personnel".

1969—Subsec. (f). Pub. L. 91–175 added Corporation established under sections 2191 to 2200a of this title to the enumeration of agencies administering programs.

1968—Subsec. (g)(1). Pub. L. 90–554 required that when funds are made available for operating expenses, such expenses be incurred in furnishing defense articles and defense services on a grant or sales basis by the agency primarily responsible for administering subchapter II of this chapter.

1967—Subsec. (a)(5). Pub. L. 90–137, §302(j), substituted "section 638a(c)(2) and section 638c of title 31" for "section 78a(c)(2) and section 78a–1 of title 5".

Subsec. (a)(16). Pub. L. 90–137, §302(k), substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey" in two places.

Subsec. (d). Pub. L. 90–137, §302(l), increased limitation on funds available for education of dependents from $1,500,000 to $2,500,000.

Subsec. (e). Pub. L. 90–137, §302(m), substituted reference to section 5533 of title 5 for section 301 of the Dual Compensation Act (5 U.S.C. 3105).

Subsec. (g)(2). Pub. L. 90–137, §302(n), substituted reference to section 5702(c) of title 5 for former section 836 of title 5.

Subsec. (i). Pub. L. 90–137, §302(o), added subsec. (i).

1965—Subsec. (e). Pub. L. 89–171, §302(h)(1), substituted "section 301 of the Dual Compensation Act (5 U.S.C. 3105)" for "section 2 of the Act of July 31, 1894, as amended (5 U.S.C. 62)".

Subsec. (f). Pub. L. 89–171, §302(h)(2), substituted "Latin American Development Act, as amended" for "Act to provide for assistance in the development of Latin America and in the reconstruction of Chile, and for other purposes".

1963—Subsec. (h). Pub. L. 88–205 added subsec. (h).

Statutory Notes and Related Subsidiaries

References to Subchapter I Deemed To Include Certain Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts

References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.

References to Part I Deemed To Include Section 2293

References to part I of subchapter I of this chapter are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–234 effective (1) on effective date of regulations to be promulgated not later than 150 days after Jan. 2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of Pub. L. 99–234, set out as a note under section 5701 of Title 5, Government Organization and Employees.

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 1978 Amendment

Amendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.

Executive Documents

Change of Name

Commissioned Officer Corps of the Environmental Science Services Administration changed to Commissioned Officer Corps of the National Oceanic and Atmospheric Administration, see 1970 Reorg Plan No. 4, §4(d), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees.

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 See References in Text note below.
22 U.S.C. § 2725 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 38: DEPARTMENT OF STATE / Section 2725: Fees for use of the George P. Shultz National Foreign Affairs Training Center
Fees for use of the George P. Shultz National Foreign Affairs Training Center
Status: in_force

The Secretary is authorized to charge a fee for use of the George P. Shultz National Foreign Affairs Training Center of the Department of State. Amounts collected under this section (including reimbursements and surcharges) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of such use and shall remain available for obligation until expended.

(Aug. 1, 1956, ch. 841, title I, §53, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, §2205(b), Oct. 21, 1998, 112 Stat. 2681–809; amended Pub. L. 107–132, §2(a), Jan. 16, 2002, 115 Stat. 2412.)

Editorial Notes

Amendments

2002—Pub. L. 107–132 inserted "George P. Shultz" before "National Foreign Affairs Training Center" in section catchline and in text.

Statutory Notes and Related Subsidiaries

Reporting on Pilot Program

Pub. L. 105–277, div. G, subdiv. B, title XXII, §2205(c), Oct. 21, 1998, 112 Stat. 2681–809, required the Secretary of State to submit, two years after Oct. 21, 1998, a report to Congress on the number of persons taking advantage of the pilot program established under section 4021 of this title and this section, their business or government affiliations, the amount of fees collected, and the impact of the program on the primary mission of the National Foreign Affairs Training Center, prior to repeal by Pub. L. 107–228, div. A, title III, §318(3), Sept. 30, 2002, 116 Stat. 1380.
22 U.S.C. § 1465b (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 18: UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS / Subchapter V: DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED STATES / Section 1465b: Cuba Service
Cuba Service
Status: in_force

The Broadcasting Board of Governors shall establish within the International Broadcasting Bureau a Cuba Service (hereafter in this section referred to as the "Service"). The Service shall be responsible for all radio broadcasts to Cuba authorized by section 1465a of this title. The Broadcasting Board of Governors shall appoint a head of the Service and shall employ such staff as the head of the Service may need to carry out his duties. The Cuba Service shall be administered separately from other Voice of America functions and the head of the Cuba Service shall report directly to the Board 1 of the International Broadcasting Bureau.

(Pub. L. 98–111, §4, Oct. 4, 1983, 97 Stat. 750; Pub. L. 103–236, title III, §305(e)(1), formerly §305(d)(1), Apr. 30, 1994, 108 Stat. 436; Pub. L. 105–277, div. G, subdiv. A, title XIII, §§1323(f)(1), 1324(3), (4), (6), Oct. 21, 1998, 112 Stat. 2681–779, 2681–781.)

Repeal of Section

Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.

Editorial Notes

Codification

Section was enacted as part of the Radio Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.

Amendments

1998—Pub. L. 105–277, §1324(6), substituted "Board" for "Director" in last sentence.

Pub. L. 105–277, §1324(4), which directed the amendment of this section by substituting "the International Broadcasting Bureau" for "the Voice of America", was executed by making the substitution for text in two places to reflect the probable intent of Congress.

Pub. L. 105–277, §1324(3), which directed the substitution of "the Broadcasting Board of Governors" for "the Director of the United States Information Agency" each place it appears, was executed by substituting "Broadcasting Board of Governors" for "Director of the United States Information Agency" in two places, to reflect the probable intent of Congress.

1994—Pub. L. 103–236 substituted "of the Voice of America" for "and the Associate Director for Broadcasting of the United States Information Agency".

Statutory Notes and Related Subsidiaries

Change of Name

Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.

Prohibitions

Pub. L. 114–323, title VII, §703(b), Dec. 16, 2016, 130 Stat. 1941, as amended by Pub. L. 115–94, §11, Dec. 18, 2017, 131 Stat. 2040, provided that:

"(1) In general.—Notwithstanding any other provision of law, any change to the Federal status of—

"(A) the Cuba Service established pursuant to section 4 of the Radio Broadcasting to Cuba Act (22 U.S.C. 1465b; Public Law 98–111) is prohibited unless such section is explicitly repealed and such service is dissolved by an Act of Congress enacted on or after the date of the enactment of this Act [Dec. 16, 2016]; and

"(B) the Television Marti Service established by section 244(a) of Television Broadcasting to Cuba Act (22 U.S.C. 1465cc; Public Law 101–246) is prohibited unless such section is explicitly repealed and such service is dissolved by an Act of Congress enacted on or after the date of the enactment of this Act.

"(2) Definition.—In this subsection, the term 'change to the Federal status', with respect to a service referred to in subparagraph (A) or (B) of paragraph (1), includes privatization, subordination to a private or private-public entity, or merger with a private or public-private entity of such service."

1 So in original. There is no Board of the International Broadcasting Bureau.
22 U.S.C. § 9762 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 104: VENEZUELA ASSISTANCE / Subchapter VII: MISCELLANEOUS PROVISIONS / Section 9762: Prohibition on construction of provisions of this chapter as an authorization for the use of military force
Prohibition on construction of provisions of this chapter as an authorization for the use of military force
Status: in_force

Nothing in this chapter may be construed as an authorization for the use of military force.

(Pub. L. 116–94, div. J, title I, §182, Dec. 20, 2019, 133 Stat. 3048.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this title", meaning title I of div. J of Pub. L. 116–94, Dec. 20, 2019, 133 Stat. 3030, known as the Venezuela Emergency Relief, Democracy Assistance, and Development Act of 2019, and also as the VERDAD Act of 2019, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 9701 of this title and Tables.
22 U.S.C. § 7706 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 84: MILLENNIUM CHALLENGE / Section 7706: Eligible countries
Eligible countries
Status: in_force

(a) Determination by the Board

The Board shall determine whether a candidate country is an eligible country for purposes of this section. Such determination shall be based, to the maximum extent possible, upon objective and quantifiable indicators of a country's demonstrated commitment to the criteria in subsection (b), and shall, where appropriate, take into account and assess the role of women and girls. A determination whether a country is eligible for a subsequent, non-concurrent Millennium Challenge Compact shall also be based, to the extent practicable, on significantly improved performance across the criteria in subsection (b) that, at a minimum, are relevant to the preceding Compact, compared to the country's performance with respect to such criteria when selected for such preceding Compact.

(b) Criteria

A candidate country should be considered to be an eligible country for purposes of this section if the Board determines that the country has demonstrated a commitment to—

(1) just and democratic governance, including a demonstrated commitment to—

(A) promote political pluralism, equality, and the rule of law;

(B) respect human and civil rights, including the rights of people with disabilities;

(C) protect private property rights;

(D) encourage transparency and accountability of government;

(E) combat corruption; and

(F) the quality of the civil society enabling environment;

(2) economic freedom, including a demonstrated commitment to economic policies that—

(A) encourage citizens and firms to participate in global trade and international capital markets;

(B) promote private sector growth;

(C) strengthen market forces in the economy; and

(D) respect worker rights, including the right to form labor unions; and

(3) investments in the people of such country, particularly women and children, including programs that—

(A) promote broad-based primary education;

(B) strengthen and build capacity to provide quality public health and reduce child mortality; and

(C) promote the protection of biodiversity and the transparent and sustainable management and use of natural resources.

(c) Selection by the Board

(1) In general

At the time the Board determines eligible countries under this section for a fiscal year, the Board shall select those eligible countries with respect to which the United States will initially seek to enter into a Millennium Challenge Compact pursuant to section 7708 of this title.

(2) Factors

In selecting eligible countries under paragraph (1), the Board shall prioritize need and impact by considering the following factors:

(A) The extent to which the country clearly meets or exceeds the eligibility criteria.

(B) The opportunity to reduce poverty and generate economic growth in the country.

(C) The availability of amounts to carry out this chapter.

(d) Reporting on treatment of civil society

For the 7-year period beginning on April 23, 2018, before the Board selects an eligible country for a Compact under subsection (c), the Corporation shall provide information to the Board regarding the country's treatment of civil society, including classified information, as appropriate. The information shall include an assessment and analysis of factors including—

(1) any relevant laws governing the formation or establishment of a civil society organization, particularly laws intended to curb the activities of foreign civil society organizations;

(2) any relevant laws governing the operations of a civil society organization, particularly those laws seeking to define or otherwise regulate the actions of foreign civil society organizations;

(3) laws relating to the legal status of civil society organizations, including laws which effectively discriminate against foreign civil society organizations as compared to similarly situated domestic organizations;

(4) laws regulating the freedom of expression and peaceful assembly; and

(5) laws regulating the usage of the Internet, particularly by foreign civil society organizations.

(e) Establishment of criteria and methodology

The criteria and methodology submitted by the Board to Congress and published in the Federal Register under section 7707(b)(2) of this title with respect to a fiscal year shall remain fixed for purposes of eligibility determinations for such year.

(f) Annual modification of criteria and methodology

As appropriate, the Board, acting through the Chief Executive Officer, shall review the eligibility criteria and methodology and modify such criteria and methodology in subsequent years consistent with section 7707(b) of this title.

(Pub. L. 108–199, div. D, title VI, §607, Jan. 23, 2004, 118 Stat. 216; Pub. L. 110–161, div. J, title VI, §699I(a), Dec. 26, 2007, 121 Stat. 2372; Pub. L. 115–167, title II, §203, Apr. 23, 2018, 132 Stat. 1279; Pub. L. 118–159, div. E, title LI, §5122(d), Dec. 23, 2024, 138 Stat. 2431.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(2)(C), was in the original "this title", meaning title VI of Pub. L. 108–199, div. D, Jan. 23, 2004, 118 Stat. 211, which is classified generally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 7701 of this title and Tables.

Amendments

2024—Subsec. (c)(2). Pub. L. 118–159 substituted "prioritize need and impact by considering" for "consider" in introductory provisions.

2018—Subsec. (a). Pub. L. 115–167, §203(1), inserted at end "A determination whether a country is eligible for a subsequent, non-concurrent Millennium Challenge Compact shall also be based, to the extent practicable, on significantly improved performance across the criteria in subsection (b) that, at a minimum, are relevant to the preceding Compact, compared to the country's performance with respect to such criteria when selected for such preceding Compact."

Subsec. (b)(1)(F). Pub. L. 115–167, §203(2), added subpar. (F).

Subsecs. (d) to (f). Pub. L. 115–167, §203(3), (4), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

2007—Subsec. (b)(2)(B). Pub. L. 110–161, §699I(a)(1), struck out "and the sustainable management of natural resources" after "growth".

Subsec. (b)(3)(C). Pub. L. 110–161, §699I(a)(2), added subpar. (C).
22 U.S.C. § 2151g (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 32: FOREIGN ASSISTANCE / Subchapter I: INTERNATIONAL DEVELOPMENT / Section 2151g: Transfer of funds
Transfer of funds
Status: in_force

Whenever the President determines it to be necessary for the purposes of this part, not to exceed 15 per centum of the funds made available for any provision of this part may be transferred to, and consolidated with, the funds made available for any other provision of this part, and may be used for any of the purposes for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 25 per centum of the amount of funds made available for such provision. The authority of sections 2360(a) and 2364(a) of this title may not be used to transfer funds made available under this part for use for purposes of any other provision of this chapter, except that the authority of such sections may be used to transfer for the purposes of section 2427 of this title not to exceed five per centum of the amount of funds made available for section 2427(a)(1) of this title.

(Pub. L. 87–195, pt. I, §109, as added Pub. L. 93–189, §2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 95–88, title I, §129(b), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95–424, title I, §102(g)(2)(K)(ii), Oct. 6, 1978, 92 Stat. 943.)

Editorial Notes

References in Text

This chapter, referred to in text, 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.

Amendments

1978—Pub. L. 95–424 substituted "Whenever" for "Notwithstanding section 2151f of this title, whenever".

1977—Pub. L. 95–88 provided that the authority under sections 2360(a) and 2364(a) of this title may be used to transfer for the purposes of section 2427 of this title not to exceed five per centum of the amount of funds made available for section 2427(a)(1) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.

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. § 3754 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 51: PANAMA CANAL / Subchapter I: ADMINISTRATION AND REGULATIONS / Section 3754: Congressional restraints on property transfers and tax expenditures; formal apprisal of Panama
Congressional restraints on property transfers and tax expenditures; formal apprisal of Panama
Status: in_force

(a) The Congress enacts this section in the exercise of its authority under Article IV, section 3, clause 2 of the Constitution of the United States to dispose of and make necessary rules and regulations with respect to property of the United States.

(b) Prior to the transfer of property of the United States located in the Republic of Panama to the Republic of Panama pursuant to section 3784 of this title the President shall formally advise the Government of Panama that—

(1) in fulfilling its obligations under the Panama Canal Treaty of 1977, the United States shall make no payments to the Republic of Panama derived from tax revenues of the United States;

(2) the United States retains full discretion and authority to determine whether and the extent to which tax revenues of the United States may be expended in exercising United States rights and carrying out United States responsibilities under the Panama Canal Treaty of 1977 and related agreements;

(3) no tax revenues of the United States shall be made available for obligations and expenditure after October 1, 1979, for purposes of implementing the Panama Canal Treaty of 1977 and related agreements, unless hereafter specifically approved by the Congress through the authorization and appropriation process;

(4) the total amount expended by the Commission from funds available for the use of the Commission shall not exceed the total amount deposited in the Panama Canal Revolving Fund; and

(5) the foregoing paragraphs of this subsection do not apply to expenditures made by the United States in fulfilling United States obligations to transfer the remains of our honored dead from Mount Hope Cemetery in the former Canal Zone to an appropriate and dignified resting place in accordance with Reservation 3 to the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal.

(Pub. L. 96–70, title I, §1344, Sept. 27, 1979, 93 Stat. 484; Pub. L. 100–203, title V, §5428(c), Dec. 22, 1987, 101 Stat. 1330–274.)

Editorial Notes

Amendments

1987—Subsec. (b)(4). Pub. L. 100–203 substituted "available" for "appropriated to or" and "Panama Canal Revolving Fund" for "Panama Canal Commission Fund".

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–203 effective Jan. 1, 1988, see section 5429 of Pub. L. 100–203, set out as a note under section 3712 of this title.

Executive Documents

Delegation of Functions

Functions vested in President by subsec. (b) delegated to Secretary of State, see section 1–402 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36044, set out as a note under section 3601 of this title.
22 U.S.C. § 3513 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 50: INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION / Section 3513: Expiration of statutory authorities
Expiration of statutory authorities
Status: in_force

The authorities contained in this chapter shall expire on September 30, 1984.

(Pub. L. 96–53, title IV, §414, Aug. 14, 1979, 93 Stat. 377.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this title", meaning title IV of Pub. L. 96–53, Aug. 14, 1979, 93 Stat. 371, which is classified principally to this chapter. For complete classification of title IV to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.
22 U.S.C. § 6501 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 74: FOREIGN AFFAIRS AGENCIES CONSOLIDATION / Subchapter I: GENERAL PROVISIONS / Section 6501: Purposes
Purposes
Status: in_force

The purposes of this chapter are—

(1) to strengthen—

(A) the coordination of United States foreign policy; and

(B) the leading role of the Secretary of State in the formulation and articulation of United States foreign policy;

(2) to consolidate and reinvigorate the foreign affairs functions of the United States within the Department of State by—

(A) abolishing the United States Arms Control and Disarmament Agency, the United States Information Agency, and the United States International Development Cooperation Agency, and transferring the functions of these agencies to the Department of State while preserving the special missions and skills of these agencies;

(B) transferring certain functions of the Agency for International Development to the Department of State; and

(C) providing for the reorganization of the Department of State to maximize the efficient use of resources, which may lead to budget savings, eliminated redundancy in functions, and improvement in the management of the Department of State;

(3) to ensure that programs critical to the promotion of United States national interests be maintained;

(4) to assist congressional efforts to balance the Federal budget and reduce the Federal debt;

(5) to ensure that the United States maintains effective representation abroad within budgetary restraints; and

(6) to encourage United States foreign affairs agencies to maintain a high percentage of the best qualified, most competent United States citizens serving in the United States Government.

(Pub. L. 105–277, div. G, subdiv. A, title XI, §1102, Oct. 21, 1998, 112 Stat. 2681–765.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this subdivision", meaning subdiv. A of div. G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–765, known as the Foreign Affairs Agencies Consolidation Act of 1998. For complete classification of this subdivision to the Code, see Short Title note below and Tables.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 105–277, div. G, §1001, Oct. 21, 1998, 112 Stat. 2681–761, provided that: "This division [see Tables for classification] may be cited as the 'Foreign Affairs Reform and Restructuring Act of 1998'."

Pub. L. 105–277, div. G, subdiv. A, title XI, §1101, Oct. 21, 1998, 112 Stat. 2681–765, provided that: "This subdivision [see Tables for classification] may be cited as the 'Foreign Affairs Agencies Consolidation Act of 1998'."
22 U.S.C. § 6205 (2024) — Title 22: FOREIGN RELATIONS AND INTERCOURSE / Chapter 71: UNITED STATES INTERNATIONAL BROADCASTING / Section 6205: Establishment of the International Broadcasting Advisory Board
Establishment of the International Broadcasting Advisory Board
Status: in_force

(a) In general

The International Broadcasting Advisory Board (referred to in this section as the "Advisory Board") shall advise the Chief Executive Officer of the United States Agency for Global Media, as appropriate. The Advisory Board as established shall exist within the executive branch as an entity described in section 104 of title 5.

(b) Composition of the Advisory Board

(1) In general

The Advisory Board shall consist of seven members, of whom—

(A) six shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with subsection (c); and

(B) one shall be the Secretary of State.

(2) Chair

The President shall designate, with the advice and consent of the Senate, one of the members appointed under paragraph (1)(A) as Chair of the Advisory Board.

(3) Party limitation

Not more than three members of the Advisory Board appointed under paragraph (1)(A) may be affiliated with the same political party.

(4) Terms of office

(A) In general

Except as provided in subparagraph (B), members of the Advisory Board shall serve for a single term of 4 years, except that, of the first group of members appointed under paragraph (1)(A)—

(i) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 2 years after the date of the enactment of the U.S. Agency for Global Media Reform Act;

(ii) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 4 years after the date of the enactment of the U.S. Agency for Global Media Reform Act; and

(iii) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 6 years after the date of the enactment of the U.S. Agency for Global Media Reform Act.

(B) Secretary of State

The Secretary of State shall serve as a member of the Advisory Board for the duration of his or her tenure as Secretary of State.

(5) Vacancies

(A) In general

The President shall appoint, with the advice and consent of the Senate, additional members to fill vacancies on the Advisory Board occurring before the expiration of a term.

(B) Term

Any members appointed pursuant to subparagraph (A) shall serve for the remainder of such term.

(C) Service beyond term

Any member whose term has expired shall continue to serve as a member of the Advisory Board until a qualified successor has been appointed and confirmed by the Senate.

(D) Secretary of State

When there is a vacancy in the office of Secretary of State, the Acting Secretary of State shall serve as a member of the Advisory Board until a new Secretary of State is appointed.

(c) Selection of the Advisory Board

In identifying individuals for appointment to the Advisory Board under subsection (a), the President shall appoint United States citizens—

(1) who, with the exception of the Secretary of State, are not regular, full-time employees of the United States Government; and

(2) who are distinguished in the fields of public diplomacy, mass communications, print, broadcast or digital media, or foreign affairs, of whom—

(A) one individual should be appointed from among a list of at least three individuals submitted by the Chair of the Committee on Foreign Affairs of the House of Representatives;

(B) one individual should be appointed from among a list of at least three individuals submitted by the Ranking Member of the Committee on Foreign Affairs of the House of Representatives;

(C) one individual should be appointed from among a list of at least three individuals submitted by the Chair of the Committee on Foreign Relations of the Senate; and

(D) one individual should be appointed from among a list of at least three individuals submitted by the Ranking Member of the Committee on Foreign Relations of the Senate.

(d) Functions of the Advisory Board

The members of the Advisory Board shall—

(1) provide the Chief Executive Officer of the United States Agency for Global Media with advice and recommendations for improving the effectiveness and efficiency of the Agency and its programming;

(2) meet with the Chief Executive Officer at least four times annually, including twice in person as practicable, and at additional meetings at the request of the Chief Executive Officer or the Chair of the Advisory Board;

(3) report periodically, or upon request, to the congressional committees specified in subsection (c)(2) regarding its advice and recommendations for improving the effectiveness and efficiency of the United States Agency for Global Media and its programming;

(4) obtain information from the Chief Executive Officer, as needed, for the purposes of fulfilling the functions described in this subsection;

(5) consult with the Chief Executive Officer regarding budget submissions and strategic plans before they are submitted to the Office of Management and Budget or to Congress;

(6) advise the Chief Executive Officer to ensure that—

(A) the Chief Executive Officer fully respects the professional integrity and editorial independence of United States Agency for Global Media broadcasters, networks, and grantees; and

(B) agency networks, broadcasters, and grantees adhere to the highest professional standards and ethics of journalism, including taking necessary actions to uphold professional standards to produce consistently reliable and authoritative, accurate, objective, and comprehensive news and information; and

(7) provide other strategic input to the Chief Executive Officer.

(e) Appointment of heads of networks

(1) In general

The heads of Voice of America, the Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, the Open Technology Fund, or of any other grantee authorized under this chapter may only be appointed or removed if such action has been approved by a majority vote of the Advisory Board.

(2) Removal

After consulting with the Chief Executive Officer, five or more members of the Advisory Board may unilaterally remove any such head of network or grantee network described in paragraph (1).

(3) Quorum

(A) In general

A quorum shall consist of four members of the Advisory Board (excluding the Secretary of State).

(B) Decisions

Except as provided in paragraph (2), decisions of the Advisory Board shall be made by majority vote, a quorum being present.

(C) Closed sessions

The Advisory Board may meet in closed sessions in accordance with section 552b of title 5.

(f) Suspension and debarment of grantees

(1) In general

Subject to paragraphs (2) and (3), a grantee may not be debarred or suspended without consultation with the Chief Executive Officer and a three-fourths majority vote of the Advisory Board in support of such action.

(2) Suspension

(A) Criteria for suspension

A grantee may not be suspended unless the Advisory Board determines that the criteria described in section 513.405 of title 22, Code of Federal Regulations, have been met.

(B) Suspending official

The Advisory Board shall collectively serve as the suspending official (as described in section 513.105 of title 22, Code of Federal Regulations).

(3) Debarment

(A) Criteria for debarment

A grantee may not be debarred unless the Advisory Board determines that one or more of the causes described in section 513.305 of title 22, Code of Federal Regulations, has been established.

(B) Debarring official

The Advisory Board shall collectively serve as the debarring official (as described in section 513.105 of title 22, Code of Federal Regulations).

(g) Compensation

(1) In general

Members of the Advisory Board, while attending meetings of the Advisory Board or while engaged in duties relating to such meetings or in other activities of the Advisory Board under this section (including travel time) shall be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level IV of the Executive Schedule under section 5315 of title 5.

(2) Travel expenses

While away from their homes or regular places of business, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of such title for persons in the Government service employed intermittently.

(3) Secretary of State

The Secretary of State is not entitled to any compensation under this chapter, but may be allowed travel expenses in accordance with paragraph (2).

(h) Support staff

The Chief Executive Officer shall, from within existing United States Agency for Global Media personnel, provide the Advisory Board with an Executive Secretary and such administrative staff and support as may be necessary to enable the Advisory Board to carry out subsections (d) and (e).

(Pub. L. 103–236, title III, §306, Apr. 30, 1994, 108 Stat. 436; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1323(j), Oct. 21, 1998, 112 Stat. 2681–780; Pub. L. 114–328, div. A, title XII, §1288(3), Dec. 23, 2016, 130 Stat. 2551; Pub. L. 116–283, div. A, title XII, §1299Q(d), Jan. 1, 2021, 134 Stat. 4022; Pub. L. 118–159, div. G, title LXXIV, §7401, Dec. 23, 2024, 138 Stat. 2543.)

Editorial Notes

References in Text

The date of the enactment of the U.S. Agency for Global Media Reform Act, referred to in subsec. (b)(4)(A), probably means the date of enactment of section 1299Q of Pub. L. 116–283, which was approved Jan. 1, 2021. A bill with that Short Title, S. 3654, was introduced in the 115th Congress, 2nd Session, but was not enacted. Provisions similar to those in subsec. (b) of this section, as added by section 1299Q of Pub. L. 116–283, were contained in section 3 of the bill.

This chapter, referred to in subsecs. (e)(1) and (f)(3), was in the original "this title", meaning title III of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 432, known as the United States International Broadcasting Act of 1994, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 6201 of this title and Tables.

Codification

Pub. L. 116–283, div. A, title XII, §1299Q(d), Jan. 1, 2021, 134 Stat. 4022, which amended this section, was itself amended by Pub. L. 116–260, div. O, title XIII, §1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116–260 could not be executed because it was enacted before the provision from Pub. L. 116–283 that it amended.

Amendments

2024—Subsecs. (f) to (h). Pub. L. 118–159 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

2021—Subsec. (a). Pub. L. 116–283, §1299Q(d)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "Except as provided in subsection (b)(2), the International Broadcasting Advisory Board (referred to in this section as the 'Advisory Board') shall consist of five members, including the Secretary of State, appointed by the President and in accordance with subsection (d), to advise the Chief Executive Officer of the Broadcasting Board of Governors, as appropriate."

Subsec. (b). Pub. L. 116–283, §1299Q(d)(1), added subsec. (b) and struck out former subsec. (b) which related to retention of existing BBG Board Members.

Subsec. (c). Pub. L. 116–283, §1299Q(d)(1)–(3), redesignated subsec. (d) as (c), inserted "Advisory" before "Board" in subsec. heading and "who are" before "distinguished" in par. (2), and struck out former subsec. (c) which related to terms of office.

Subsec. (d). Pub. L. 116–283, §1299Q(d)(4), added subsec. (d). Former subsec. (d) redesignated (c).

Subsecs. (e) to (g). Pub. L. 116–283, §1299Q(d)(4), added subsecs. (e) to (g).

2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to the role of the Secretary of State in international broadcasting.

1998—Pub. L. 105–277, §1323(j)(1), substituted "Role of Secretary of State" for "Foreign policy guidance" in section catchline.

Subsec. (a). Pub. L. 105–277, §1323(j)(2)–(4), designated existing provisions as subsec. (a), inserted heading, substituted "State" for "State, acting through the Director of the United States Information Agency,", and inserted before period at end ", as the Secretary may deem appropriate".

Subsec. (b). Pub. L. 105–277, §1323(j)(5), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.