dreamproit/uscode huggingface dataset:
22 U.S.C. § 6443 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6443. Consultations
(a) In general
As soon as practicable after the President decides to take action under section 6441 of this title in response to violations of religious freedom and the President decides to take action under paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) with respect to that country, or not later than 90 days after the President designates a country as a country of particular concern for religious freedom under section 6442 of this title, as the case may be, the President shall carry out the consultations required in this section.
(b) Duty to consult with foreign governments prior to taking Presidential actions
(1) In general
The President shall—
(A) request consultation with the government of such country regarding the violations giving rise to designation of that country as a country of particular concern for religious freedom or to Presidential action under section 6441 of this title; and
(B) if agreed to, enter into such consultations, privately or publicly.
(2) Use of multilateral fora
If the President determines it to be appropriate, such consultations may be sought and may occur in a multilateral forum, but, in any event, the President shall consult with appropriate foreign governments for the purposes of achieving a coordinated international policy on actions that may be taken with respect to a country described in subsection (a), prior to implementing any such action.
(3) Election of nondisclosure of negotiations to public
If negotiations are undertaken or an agreement is concluded with a foreign government regarding steps to cease the pattern of violations by that government, and if public disclosure of such negotiations or agreement would jeopardize the negotiations or the implementation of such agreement, as the case may be, the President may refrain from disclosing such negotiations and such agreement to the public, except that the President shall inform the appropriate congressional committees of the nature and extent of such negotiations and any agreement reached.
(c) Duty to consult with humanitarian organizations
The President should consult with appropriate humanitarian and religious organizations concerning the potential impact of United States policies to promote freedom of religion in countries described in subsection (a).
(d) Duty to consult with United States interested parties
The President shall, as appropriate, consult with United States interested parties as to the potential impact of intended Presidential action or actions in countries described in subsection (a) on economic or other interests of the United States.
(Pub. L. 105–292, title IV, § 403, Oct. 27, 1998, 112 Stat. 2804.)
22 U.S.C. § 6444 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6444. Report to Congress
(a) In general
Subject to subsection (b), not later than 90 days after the President decides to take action under section 6441 of this title in response to violations of religious freedom and the President decides to take action under paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) with respect to that country, or not later than 90 days after the President designates a country as a country of particular concern for religious freedom under section 6442 of this title, as the case may be, the President shall submit a report to Congress containing the following:
(1) Identification of Presidential actions
An identification of the Presidential action or actions described in paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) to be taken with respect to the foreign country.
(2) Description of violations
A description of the violations giving rise to the Presidential action or actions to be taken.
(3) Purpose of Presidential actions
A description of the purpose of the Presidential action or actions.
(4) Evaluation
(A) Description
An evaluation, in consultation with the Secretary of State, the Ambassador at Large, the Commission, the Special Adviser, the parties described in section 6443(c) and (d) of this title, and whoever else the President deems appropriate, of—
(i) the impact upon the foreign government;
(ii) the impact upon the population of the country; and
(iii) the impact upon the United States economy and other interested parties.
(B) Authority to withhold disclosure
The President may withhold part or all of such evaluation from the public but shall provide the entire evaluation to Congress.
(5) Statement of policy options
A statement that noneconomic policy options designed to bring about cessation of the particularly severe violations of religious freedom have reasonably been exhausted, including the consultations required in section 6443 of this title.
(6) Description of multilateral negotiations
A description of multilateral negotiations sought or carried out, if appropriate and applicable.
(b) Delay in transmittal of report
If, on or before the date that the President is required (but for this subsection) to submit a report under subsection (a) to Congress, the President determines and certifies to Congress that a single, additional period of time not to exceed 90 days is necessary pursuant to section 6441(b)(3) or 6442(c)(3) of this title, then the President shall not be required to submit the report to Congress until the expiration of that period of time.
(Pub. L. 105–292, title IV, § 404, Oct. 27, 1998, 112 Stat. 2805.)
22 U.S.C. § 6447 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6447. Presidential waiver
(a) In general
Subject to subsection (b), the President may waive the application of any of the actions described in paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) with respect to a country, if the President determines and so reports to the appropriate congressional committees that—
(1) the respective foreign government has ceased the violations giving rise to the Presidential action;
(2) the exercise of such waiver authority would further the purposes of this chapter; or
(3) the important national interest of the United States requires the exercise of such waiver authority.
(b) Congressional notification
Not later than the date of the exercise of a waiver under subsection (a), the President shall notify the appropriate congressional committees of the waiver or the intention to exercise the waiver, together with a detailed justification thereof.
(Pub. L. 105–292, title IV, § 407, Oct. 27, 1998, 112 Stat. 2808.)
heading: References in Text
text: This chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2787, known as the International Religious Freedom Act of 1998, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables.
22 U.S.C. § 6448 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6448. Publication in Federal Register
(a) In general
Subject to subsection (b), the President shall cause to be published in the Federal Register the following:
(1) Determinations of governments, officials, and entities of particular concern
Any designation of a country of particular concern for religious freedom under section 6442(b)(1) of this title, together with, when applicable and to the extent practicable, the identities of the officials or entities determined to be responsible for the violations under section 6442(b)(2) of this title.
(2) Presidential actions
A description of any Presidential action under paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) and the effective date of the Presidential action.
(3) Delays in transmittal of Presidential action reports
Any delay in transmittal of a Presidential action report, as described in section 6444(b) of this title.
(4) Waivers
Any waiver under section 6447 of this title.
(b) Limited disclosure of information
The President may limit publication of information under this section in the same manner and to the same extent as the President may limit the publication of findings and determinations described in section 2414(c) of this title, if the President determines that the publication of information under this section—
(1) would be harmful to the national security of the United States; or
(2) would not further the purposes of this chapter.
(Pub. L. 105–292, title IV, § 408, Oct. 27, 1998, 112 Stat. 2808.)
heading: References in Text
text: This chapter, referred to in subsec. (b)(2), was in the original “this Act”, meaning Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2787, known as the International Religious Freedom Act of 1998, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables.
22 U.S.C. § 6461 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6461. Exports of certain items used in particularly severe violations of religious freedom
(a) Mandatory licensing
Notwithstanding any other provision of law, the Secretary of Commerce, with the concurrence of the Secretary of State, shall include on the list of crime control and detection instruments or equipment controlled for export and reexport under section 2405(n) of title 50, Appendix, or under any other provision of law, items being exported or reexported to countries of particular concern for religious freedom that the Secretary of Commerce, with the concurrence of the Secretary of State, and in consultation with appropriate officials including the Assistant Secretary of State for Democracy, Human Rights and Labor and the Ambassador at Large, determines are being used or are intended for use directly and in significant measure to carry out particularly severe violations of religious freedom.
(b) Licensing ban
The prohibition on the issuance of a license for export of crime control and detection instruments or equipment under section 2304(a)(2) of this title shall apply to the export and reexport of any item included pursuant to subsection (a) on the list of crime control instruments.
(Pub. L. 105–292, title IV, § 423, Oct. 27, 1998, 112 Stat. 2810.)
22 U.S.C. § 6532 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6532. Transfer of functions
(a) In general
There are transferred to the Secretary of State all functions of the Director of the United States Information Agency and all functions of the United States Information 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.
(b) Exception
Subsection (a) does not apply to the Broadcasting Board of Governors, the International Broadcasting Bureau, or any function performed by the Board or the Bureau.
(Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1312, Oct. 21, 1998, 112 Stat. 2681–776.)
heading: References in Text
text: For the effective date of this subchapter, referred to in subsec. (a), meaning the effective date of title XIII of subdiv. A of div. G of Pub. L. 105–277, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of this title.
22 U.S.C. § 6551 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6551. References
(a) In general
Except as otherwise provided in this chapter, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to—
(1) the Director of the United States Information Agency or the Director of the International Communication Agency shall be deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the International Communication Agency shall be deemed to refer to the Department of State.
(b) Continuing references to USIA or Director
Subsection (a) shall not apply to section 4069a(f), 4069b(g), or 4069c(f) of this title.
(Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1331, Oct. 21, 1998, 112 Stat. 2681–785.)
heading: References in Text
text: This chapter, referred to in subsec. (a), 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 set out under section 6501 of this title and Tables.
Section 4069a(f), 4069b(g), or 4069c(f) of this title, referred to in subsec. (b), was in the original “section 146(a), (b), or (c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991” meaning section 146(a), (b), (c) of Pub. L. 101–246, title I, Feb. 16, 1990, 104 Stat. 37, which amended sections 830, 831, and 832, respectively, of the Foreign Service Act of 1980, by adding subsecs. (f), (g), and (f), respectively, to those sections which are classified to sections 4069a(f), 4069b(g), and 4069c(f) of this title.
22 U.S.C. § 6561 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6561. Abolition of United States International Development Cooperation Agency
(a) In general
Except for the components specified in subsection (b), the United States International Development Cooperation Agency (including the Institute for Scientific and Technological Cooperation) is abolished.
(b) AID and OPIC exempted
Subsection (a) does not apply to the Agency for International Development or the Overseas Private Investment Corporation.
(Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1411, Oct. 21, 1998, 112 Stat. 2681–790.)
heading: Effective Date
text: Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1401, Oct. 21, 1998, 112 Stat. 2681–790, provided that:
“This title [see Tables for classification], and the amendments made by this title, shall take effect on the earlier of—
“(1) April 1, 1999; or
“(2) the date of abolition [Apr. 1, 1999] of the United States International Development Cooperation Agency pursuant to the reorganization plan described in section 1601 [22 U.S.C. 6601].”
22 U.S.C. § 6612 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6612. Transfer and allocation of appropriations
(a) In general
Except as otherwise provided in this chapter, the assets, liabilities (including contingent liabilities arising from suits continued with a substitution or addition of parties under section 6615(e) of this title), contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices, or portions thereof, transferred by any subchapter of this chapter shall be transferred to the Secretary for appropriate allocation.
(b) Limitation on use of transferred funds
Except as provided in subsection (c), unexpended and unobligated funds transferred pursuant to any subchapter of this chapter shall be used only for the purposes for which the funds were originally authorized and appropriated.
(c) Funds to facilitate transition
(1) Congressional notification
Funds transferred pursuant to subsection (a) may be available for the purposes of reorganization subject to notification of the appropriate congressional committees in accordance with the procedures applicable to a reprogramming of funds under section 2706 of this title.
(2) Transfer authority
Funds in any account appropriated to the Department of State may be transferred to another such account for the purposes of reorganization, subject to notification of the appropriate congressional committees in accordance with the procedures applicable to a reprogramming of funds under section 2706 of this title. The authority in this paragraph is in addition to any other transfer authority available to the Secretary of State and shall expire September 30, 2000.
(Pub. L. 105–277, div. G, subdiv. A, title XVI, § 1612, Oct. 21, 1998, 112 Stat. 2681–798.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), 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 set out under section 6501 of this title and Tables.
22 U.S.C. § 6729 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6729. United States assistance in inspections at private facilities
(a) Assistance in preparation for inspections
At the request of an owner of a facility not owned or operated by the United States Government, or contracted for use by or for the United States Government, the Secretary of Defense may assist the facility to prepare the facility for possible inspections pursuant to the Convention.
(b) Reimbursement requirement
(1) In general
Except as provided in paragraph (2), the owner of a facility provided assistance under subsection (a) shall reimburse the Secretary for the costs incurred by the Secretary in providing the assistance.
(2) Exception
In the case of assistance provided under subsection (a) to a facility owned by a person described in subsection (c), the United States National Authority shall reimburse the Secretary for the costs incurred by the Secretary in providing the assistance.
(c) Owners covered by United States National Authority reimbursements
Subsection (b)(2) applies in the case of assistance provided to the following:
(1) Small business concerns
A small business concern as defined in section 632 of title 15.
(2) Domestic producers of Schedule 3 or unscheduled discrete organic chemicals
Any person located in the United States that—
(A) does not possess, produce, process, consume, import, or export any Schedule 1 or Schedule 2 chemical; and
(B) in the calendar year preceding the year in which the assistance is to be provided, produced—
(i) more than 30 metric tons of Schedule 3 or unscheduled discrete organic chemicals that contain phosphorous, sulfur, or fluorine; or
(ii) more than 200 metric tons of unscheduled discrete organic chemicals.
(Pub. L. 105–277, div. I, title III, § 310, Oct. 21, 1998, 112 Stat. 2681–880.)
22 U.S.C. § 6762 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6762. Specific enforcement
(a) Jurisdiction
The district courts of the United States shall have jurisdiction over civil actions to—
(1) restrain any violation of section 6726 or 6745 of this title; and
(2) compel the taking of any action required by or under this chapter or the Convention.
(b) Civil actions
(1) In general
A civil action described in subsection (a) may be brought—
(A) in the case of a civil action described in subsection (a)(1), in the United States district court for the judicial district in which any act, omission, or transaction constituting a violation of section 6726 or 6745 of this title occurred or in which the defendant is found or transacts business; or
(B) in the case of a civil action described in subsection (a)(2), in the United States district court for the judicial district in which the defendant is found or transacts business.
(2) Service of process
In any such civil action process may be served on a defendant wherever the defendant may reside or may be found, whether the defendant resides or may be found within the United States or elsewhere.
(Pub. L. 105–277, div. I, title V, § 502, Oct. 21, 1998, 112 Stat. 2681–885.)
heading: References in Text
text: This chapter, referred to in subsec. (a)(2), was in the original “this Act” and was translated as reading “this division”, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of division I to the Code, see Short Title note set out under section 6701 of this title and Tables.
22 U.S.C. § 6763 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6763. Expedited judicial review
(a) Civil action
Any person or entity subject to a search under this chapter may file a civil action challenging the constitutionality of any provision of this chapter. Notwithstanding any other provision of law, during the full calendar year of, and the two full calendar years following October 21, 1998, the district court shall accord such a case a priority in its disposition ahead of all other civil actions except for actions challenging the legality and conditions of confinement.
(b) En banc review
Notwithstanding any other provision of law, during the full calendar year of, and the two full calendar years following October 21, 1998, any appeal from a final order entered by a district court in an action brought under subsection (a) shall be heard promptly by the full Court of Appeals sitting en banc.
(Pub. L. 105–277, div. I, title V, § 503, Oct. 21, 1998, 112 Stat. 2681–885.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act” and was translated as reading “this division”, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of division I to the Code, see Short Title note set out under section 6701 of this title and Tables.
22 U.S.C. § 6771 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6771. Prohibition
(a) In general
Neither the Secretary of Defense nor any other officer or employee of the United States may, directly or by contract—
(1) conduct any test or experiment involving the use of any chemical or biological agent on a civilian population; or
(2) use human subjects for the testing of chemical or biological agents.
(b) Construction
Nothing in subsection (a) may be construed to prohibit actions carried out for purposes not prohibited by this chapter (as defined in section 6701(8) of this title).
(c) “Biological agent” defined
In this section, the term “biological agent” means any micro-organism (including bacteria, viruses, fungi, rickettsiae or protozoa), pathogen, or infectious substance, or any naturally occurring, bio-engineered or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, capable of causing—
(1) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or materials of any kind; or
(3) deleterious alteration of the environment.
(Pub. L. 105–277, div. I, title VI, § 602, Oct. 21, 1998, 112 Stat. 2681–886.)
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act” and was translated as reading “this division”, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of division I to the Code, see Short Title note set out under section 6701 of this title and Tables.