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22 U.S.C. § 5961 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5961. Requirement for on-site managers
(a) On-site manager requirement
Before obligating any Cooperative Threat Reduction funds for a project described in subsection (b), the Secretary of Defense shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government.
(b) Projects covered
Subsection (a) applies to a project—
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage facilities, or construction of a facility; and
(3) with respect to which the total contribution by the Department of Defense is expected to exceed $50,000,000.
(c) Duties of on-site manager
The on-site manager appointed under subsection (a) shall—
(1) develop, in cooperation with representatives from governments of countries participating in the project, a list of those steps or activities critical to achieving the project’s disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or activities;
(3) meet with all participants to seek assurances that those steps or activities are being completed on schedule; and
(4) suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Defense to resume United States participation.
(d) Authority to manage more than one project
(1) Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations.
(2) If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000.
(e) Steps or activities
Steps or activities referred to in subsection (c)(1) are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined in section 5960 of this title).
(2) Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management, transportation, and other resources.
(f) Notification to Congress
In any case in which the Secretary of Defense directs an on-site manager to resume United States participation in a project under subsection (c)(4), the Secretary shall concurrently notify Congress of such direction.
(g) Effective date
This section shall take effect six months after November 24, 2003.
(Pub. L. 108–136, div. A, title XIII, § 1305, Nov. 24, 2003, 117 Stat. 1660.)
heading: Codification
text: Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.
22 U.S.C. § 5962 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5962. Annual certifications on use of facilities being constructed for Cooperative Threat Reduction projects or activities
(a) Certification on use of facilities being constructed
Not later than the first Monday of February each year, the Secretary of Defense shall submit to the congressional defense committees a certification for each facility for a Cooperative Threat Reduction project or activity for which construction occurred during the preceding fiscal year on matters as follows:
(1) Whether or not such facility will be used for its intended purpose by the government of the state of the former Soviet Union in which the facility is constructed.
(2) Whether or not the government of such state remains committed to the use of such facility for its intended purpose.
(3) Whether those actions needed to ensure security at the facility, including secure transportation of any materials, substances, or weapons to, from, or within the facility, have been taken.
(b) Applicability
Subsection (a) shall apply to—
(1) any facility the construction of which commences on or after November 24, 2003; and
(2) any facility the construction of which is ongoing as of November 24, 2003.
(Pub. L. 108–136, div. A, title XIII, § 1307, Nov. 24, 2003, 117 Stat. 1661.)
heading: Codification
text: Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.
heading: “Congressional Defense Committees” defined
text: Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 108–136, Nov. 24, 2003, 117 Stat. 1406. See note under section 101 of Title 10, Armed Forces.
22 U.S.C. § 6007 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6007. Policy toward a democratic Cuban Government
(a) Waiver of restrictions
The President may waive the requirements of section 6005 of this title if the President determines and reports to the Congress that the Government of Cuba—
(1) has held free and fair elections conducted under internationally recognized observers;
(2) has permitted opposition parties ample time to organize and campaign for such elections, and has permitted full access to the media to all candidates in the elections;
(3) is showing respect for the basic civil liberties and human rights of the citizens of Cuba;
(4) is moving toward establishing a free market economic system; and
(5) has committed itself to constitutional change that would ensure regular free and fair elections that meet the requirements of paragraph (2).
(b) Policies
If the President makes a determination under subsection (a), the President shall take the following actions with respect to a Cuban Government elected pursuant to elections described in subsection (a):
(1) To encourage the admission or reentry of such government to international organizations and international financial institutions.
(2) To provide emergency relief during Cuba’s transition to a viable economic system.
(3) To take steps to end the United States trade embargo of Cuba.
(Pub. L. 102–484, div. A, title XVII, § 1708, Oct. 23, 1992, 106 Stat. 2580.)
22 U.S.C. § 6033 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6033. Prohibition against indirect financing of Cuba
(a) Prohibition
Notwithstanding any other provision of law, no loan, credit, or other financing may be extended knowingly by a United States national, a permanent resident alien, or a United States agency to any person for the purpose of financing transactions involving any confiscated property the claim to which is owned by a United States national as of March 12, 1996, except for financing by the United States national owning such claim for a transaction permitted under United States law.
(b) Suspension and termination of prohibition
(1) Suspension
The President is authorized to suspend the prohibition contained in subsection (a) upon a determination made under section 6063(c)(1) of this title that a transition government in Cuba is in power.
(2) Termination
The prohibition contained in subsection (a) shall cease to apply on the date on which the economic embargo of Cuba terminates as provided in section 6064 of this title.
(c) Penalties
Violations of subsection (a) shall be punishable by such civil penalties as are applicable to violations of the Cuban Assets Control Regulations set forth in part 515 of title 31, Code of Federal Regulations.
(d) Definitions
As used in this section—
(1) the term “permanent resident alien” means an alien lawfully admitted for permanent residence into the United States; and
(2) the term “United States agency” has the meaning given the term “agency” in section 551(1) of title 5.
(Pub. L. 104–114, title I, § 103, Mar. 12, 1996, 110 Stat. 794.)
22 U.S.C. § 6037 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6037. Television broadcasting to Cuba
(a) Conversion to UHF
The Director of the International Broadcasting Bureau shall implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency (UHF) broadcasting.
(b) Periodic reports
Not later than 45 days after March 12, 1996, and every three months thereafter until the conversion described in subsection (a) is fully implemented, the Director of the International Broadcasting Bureau shall submit a report to the appropriate congressional committees on the progress made in carrying out subsection (a).
(c) Termination of broadcasting authorities
Upon transmittal of a determination under section 6063(c)(3) of this title, the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and following) and the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 and following) are repealed.
(Pub. L. 104–114, title I, § 107, Mar. 12, 1996, 110 Stat. 798; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(r), Oct. 21, 1998, 112 Stat. 2681–790.)
heading: References in Text
text: The Television Broadcasting to Cuba Act, referred to in subsec. (c), is part D of title II of Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 58, as amended, which is classified principally to subchapter V–B (§ 1465aa et seq.) of chapter 18 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1465aa of this title and Tables.
The Radio Broadcasting to Cuba Act, referred to in subsec. (c), is Pub. L. 98–111, Oct. 4, 1983, 97 Stat. 749, as amended, which is classified generally to subchapter V–A (§ 1465 et seq.) of chapter 18 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1465 of this title and Tables.
heading: Amendments
text: 1998—Subsecs. (a), (b). Pub. L. 105–277 substituted “Director of the International Broadcasting Bureau” for “Director of the United States Information Agency”.
heading: Effective Date of 1998 Amendment
text: 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.
22 U.S.C. § 6038 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6038. Reports on commerce with, and assistance to, Cuba from other foreign countries
(a) Reports required
Not later than 90 days after March 12, 1996, and by January 1 of each year thereafter until the President submits a determination under section 6063(c)(1) of this title, the President shall submit a report to the appropriate congressional committees on commerce with, and assistance to, Cuba from other foreign countries during the preceding 12-month period.
(b) Contents of reports
Each report required by subsection (a) shall, for the period covered by the report, contain the following, to the extent such information is available:
(1) A description of all bilateral assistance provided to Cuba by other foreign countries, including humanitarian assistance.
(2) A description of Cuba’s commerce with foreign countries, including an identification of Cuba’s trading partners and the extent of such trade.
(3) A description of the joint ventures completed, or under consideration, by foreign nationals and business firms involving facilities in Cuba, including an identification of the location of the facilities involved and a description of the terms of agreement of the joint ventures and the names of the parties that are involved.
(4) A determination as to whether or not any of the facilities described in paragraph (3) is the subject of a claim against Cuba by a United States national.
(5) A determination of the amount of debt of the Cuban Government that is owed to each foreign country, including—
(A) the amount of debt exchanged, forgiven, or reduced under the terms of each investment or operation in Cuba involving foreign nationals; and
(B) the amount of debt owed the foreign country that has been exchanged, forgiven, or reduced in return for a grant by the Cuban Government of an equity interest in a property, investment, or operation of the Cuban Government or of a Cuban national.
(6) A description of the steps taken to assure that raw materials and semifinished or finished goods produced by facilities in Cuba involving foreign nationals do not enter the United States market, either directly or through third countries or parties.
(7) An identification of countries that purchase, or have purchased, arms or military supplies from Cuba or that otherwise have entered into agreements with Cuba that have a military application, including—
(A) a description of the military supplies, equipment, or other material sold, bartered, or exchanged between Cuba and such countries,
(B) a listing of the goods, services, credits, or other consideration received by Cuba in exchange for military supplies, equipment, or material, and
(C) the terms or conditions of any such agreement.
(Pub. L. 104–114, title I, § 108, Mar. 12, 1996, 110 Stat. 798.)
heading: Delegation of Functions
text: For delegation of congressional reporting functions of President under subsec. (a) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46075, set out as a note under section 301 of Title 3, The President.
22 U.S.C. § 6044 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6044. News bureaus in Cuba
(a) Establishment of news bureaus
The President is authorized to establish and implement an exchange of news bureaus between the United States and Cuba, if the exchange meets the following conditions:
(1) The exchange is fully reciprocal.
(2) The Cuban Government agrees not to interfere with the establishment of news bureaus or with the movement in Cuba of journalists of any United States-based news organizations, including Radio Marti and Television Marti.
(3) The Cuban Government agrees not to interfere with decisions of United States-based news organizations with respect to individuals assigned to work as journalists in their news bureaus in Cuba.
(4) The Department of the Treasury is able to ensure that only accredited journalists regularly employed with a news gathering organization travel to Cuba under this subsection.
(5) The Cuban Government agrees not to interfere with the transmission of telecommunications signals of news bureaus or with the distribution within Cuba of publications of any United States-based news organization that has a news bureau in Cuba.
(b) Assurance against espionage
In implementing this section, the President shall take all necessary steps to ensure the safety and security of the United States against espionage by Cuban journalists it believes to be working for the intelligence agencies of the Cuban Government.
(c) Fully reciprocal
As used in subsection (a)(1), the term “fully reciprocal” means that all news services, news organizations, and broadcasting services, including such services or organizations that receive financing, assistance, or other support from a governmental or official source, are permitted to establish and operate a news bureau in the United States and Cuba.
(Pub. L. 104–114, title I, § 114, Mar. 12, 1996, 110 Stat. 803.)
22 U.S.C. § 6104 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6104. Mansfield Fellows on detail from Government service
(a) In general
(1) An agency head may detail, for a period of not more than 2 years, an employee of the agency who has been awarded a Mansfield Fellowship, to the Center.
(2) Each fellow who is detailed under this section shall enter into a written agreement with the Federal Government before receiving a fellowship that the fellow will—
(A) continue in the service of the fellow’s agency at the end of the fellowship for a period of at least 2 years unless the fellow is involuntarily separated from the service of such agency; and
(B) pay to the United States Information Agency any additional expenses incurred by the Federal Government in connection with the fellowship if the fellow is voluntarily separated from service with the fellow’s agency before the end of the period for which the fellow has agreed to continue in the service of such agency.
(3) The payment agreed to under paragraph (2)(B) may not be required of a fellow who leaves the service of such agency to enter into the service of another agency in any branch of the United States Government unless the head of the agency that authorized the fellowship notifies the employee before the effective date of entry into the service of the other agency that payment will be required under this section.
(b) Status as Government employee
A fellow detailed under subsection (a) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed, and is entitled to pay, allowances, and benefits from funds available to that agency. The authorization and payment of such allowances and other benefits from appropriations available therefore 1 is deemed to comply with section 5536 of title 5.
(c) Reimbursement
Fellows may be detailed under subsection (a) without reimbursement to the United States by the Center.
(d) Allowances and benefits
A fellow detailed under subsection (a) may be paid by the Center for allowances and benefits listed in section 6102(4)(B) of this title.
(Pub. L. 103–236, title II, § 255, Apr. 30, 1994, 108 Stat. 431.)
heading: Transfer of Functions
text: United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
22 U.S.C. § 6215 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6215. Establishment of Radio Free Afghanistan
(a) Requirement of a detailed plan
Not later than 15 days after March 11, 2002, RFE/RL, Incorporated, shall submit to the Broadcasting Board of Governors a report setting forth a detailed plan for the provision by RFE/RL, Incorporated, of surrogate broadcasting services in the Dari and Pashto languages to Afghanistan. Such broadcasting services shall be known as “Radio Free Afghanistan”.
(b) Grant authority
(1) In general
Effective 15 days after March 11, 2002, or the date on which the report required by subsection (a) is submitted, whichever is later, the Broadcasting Board of Governors is authorized to make grants to support Radio Free Afghanistan.
(2) Supersedes existing limitation on total annual grant amounts
Grants made to RFE/RL, Incorporated, during the fiscal year 2002 for support of Radio Free Afghanistan may be made without regard to section 308(c) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6207(c)).
(c) Available authorities
In addition to the authorities in this section, the authorities applicable to carry out United States Government broadcasting activities under the United States Information and Educational Exchange Act of 1948 [22 U.S.C. 1431 et seq.], the United States International Broadcasting Act of 1994 [22 U.S.C. 6201 et seq.], the Foreign Affairs Reform and Restructuring Act of 1998, and other provisions of law consistent with such purpose may be used to carry out the grant authority of subsection (b).
(d) Standards; oversight
Radio Free Afghanistan shall adhere to the same standards of professionalism and accountability, and shall be subject to the same oversight mechanisms, as other services of RFE/RL, Incorporated.
(Pub. L. 107–148, § 2, Mar. 11, 2002, 116 Stat. 64.)
heading: References in Text
text: The United States Information and Educational Exchange Act of 1948, referred to in subsec. (c), is act Jan. 27, 1948, ch. 36, 62 Stat. 6, as amended, which is classified generally to chapter 18 (§ 1431 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1431 of this title, and Tables.
The United States International Broadcasting Act of 1994, referred to in subsec. (c), is title III of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 432, as amended, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
The Foreign Affairs Reform and Restructuring Act of 1998, referred to in subsec. (c), is division G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–761, as amended. For complete classification of division G to the Code, see Short Title note set out under section 6501 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Radio Free Afghanistan Act, and not as part of the United States International Broadcasting Act of 1994 which comprises this chapter.
22 U.S.C. § 6417 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6417. Prisoner lists and issue briefs on religious freedom concerns
(a) Sense of Congress
To encourage involvement with religious freedom concerns at every possible opportunity and by all appropriate representatives of the United States Government, it is the sense of the Congress that officials of the executive branch of Government should promote increased advocacy on such issues during meetings between foreign dignitaries and executive branch officials or Members of Congress.
(b) Prisoner lists and issue briefs on religious freedom concerns
The Secretary of State, in consultation with the Ambassador at Large, the Assistant Secretary of State for Democracy, Human Rights and Labor, United States chiefs of mission abroad, regional experts, and nongovernmental human rights and religious groups, shall prepare and maintain issue briefs on religious freedom, on a country-by-country basis, consisting of lists of persons believed to be imprisoned, detained, or placed under house arrest for their religious faith, together with brief evaluations and critiques of the policies of the respective country restricting religious freedom. In considering the inclusion of names of prisoners on such lists, the Secretary of State shall exercise appropriate discretion, including concerns regarding the safety, security, and benefit to such prisoners.
(c) Availability of information
The Secretary shall, as appropriate, provide religious freedom issue briefs under subsection (b) to executive branch officials and Members of Congress in anticipation of bilateral contacts with foreign leaders, both in the United States and abroad.
(Pub. L. 105–292, title I, § 108, Oct. 27, 1998, 112 Stat. 2796.)
22 U.S.C. § 6435 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6435. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Commission $3,000,000 for each of the fiscal years 2012 through 2014 to carry out the provisions of this subchapter.
(b) Availability of funds
Amounts authorized to be appropriated under subparagraph (a) are authorized to remain available until expended but not later than the date of termination of the Commission.
(Pub. L. 105–292, title II, § 207, formerly § 205, Oct. 27, 1998, 112 Stat. 2800; renumbered § 207 and amended Pub. L. 106–55, § 1(b)(2), (4), Aug. 17, 1999, 113 Stat. 401, 403; Pub. L. 107–228, div. A, title VI, § 681(e), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 112–75, § 4, Dec. 23, 2011, 125 Stat. 1273.)
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 112–75 substituted “for each of the fiscal years 2012 through 2014” for “for the fiscal year 2003”.
2002—Subsec. (a). Pub. L. 107–228 inserted “for the fiscal year 2003” after “$3,000,000”.
1999—Subsec. (a). Pub. L. 106–55, § 1(b)(4), substituted “to carry out the provisions of this subchapter” for “for each of the fiscal years 1999 and 2000 to carry out the provisions of this subchapter.”