[USC10] FOREIGN RELATIONS AND INTERCOURSE
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TITLE 22—FOREIGN RELATIONS AND INTERCOURSE

Chap.
Sec.
1.
Diplomatic and Consular Service Generally [Repealed, Transferred, or Omitted]
1
2.
Consular Courts [Repealed or Omitted]
141
3.
United States Court for China [Repealed or Omitted]
191
4.
Passports
211
5.
Preservation of Friendly Foreign Relations Generally [Repealed or Transferred]
231
6.
Foreign Diplomatic and Consular Officers
251
7.
International Bureaus, Congresses, etc.
261
8.
Foreign Service Buildings
291
9.
Foreign Wars, War Materials, and Neutrality
401
10.
Hemispheral Relations
501
11.
Foreign Agents and Propaganda
601
12.
Claims Commissions [Omitted]
661
13.
Service Courts of Friendly Foreign Forces
701
14.
Foreign Service [Repealed or Transferred]
801
14A.
Foreign Service Information Officers Corps [Repealed]
1221
15.
The Republic of the Philippines
1251
16.
Greek and Turkish Assistance [Repealed]
1401
17.
Relief Aid to War-Devastated Countries [Repealed]
1411
18.
United States Information and Educational Exchange Programs
1431
19.
Foreign Assistance Program [Repealed]
1501
20.
Mutual Defense Assistance Program [Repealed or Omitted]
1571
20A.
Mutual Defense Assistance Control Program [Omitted]
1611
21.
Settlement of International Claims
1621
21A.
Settlement of Investment Disputes
1650
22.
Mutual Security Assistance [Repealed]
1651
23.
Protection of Citizens Abroad
1731
24.
Mutual Security Program
1750
24A.
Middle East Peace and Stability
1961
25.
Protection of Vessels on the High Seas and in Territorial Waters of Foreign Countries
1971
26.
Armed Forces Participation in International Amateur Sports Competitions [Repealed]
1981
27.
International Cultural Exchange and Trade Fair Participation [Repealed]
1991
28.
International Atomic Energy Agency Participation
2021
29.
Cultural, Technical, and Educational Centers
2051
29A.
Inter-American Cultural and Trade Center
2081
30.
International Cooperation in Health and Medical Research
2101
31.
International Travel
2121
31A.
National Tourism Organization [Omitted or Repealed]
2141
32.
Foreign Assistance
2151
33.
Mutual Educational and Cultural Exchange Program
2451
34.
The Peace Corps
2501
35.
Arms Control and Disarmament
2551
36.
Migration and Refugee Assistance
2601
37.
Foreign Gifts and Decorations
2621
38.
Department of State
2651
39.
Arms Export Control
2751
40.
International Expositions
2801
41.
Study Commission Relating to Foreign Policy [Omitted]
2821
42.
International Economic Policy [Omitted]
2841
43.
International Broadcasting [Repealed]
2871
44.
Japan-United States Friendship
2901
45.
Commission on Security and Cooperation in Europe
3001
46.
International Investment and Trade in Services Survey
3101
46A.
Foreign Direct Investment and International Financial Data
3141
47.
Nuclear Non-Proliferation
3201
48.
Taiwan Relations
3301
49.
Support of Peace Treaty Between Egypt and Israel
3401
50.
Institute for Scientific and Technological Cooperation
3501
51.
Panama Canal
3601
52.
Foreign Service
3901
53.
Authorities Relating to the Regulation of Foreign Missions
4301
53A.
Disposition of Personal Property Abroad
4341
53B.
Foreign Relations of the United States Historical Series
4351
54.
Private Organization Assistance
4401
55.
Research and Training for Eastern Europe and Independent States of Former Soviet Union
4501
56.
United States Institute of Peace
4601
57.
United States Scholarship Program for Developing Countries
4701
58.
Diplomatic Security
4801
59.
Fascell Fellowship Program
4901
60.
Anti-Apartheid Program [Repealed]
5001
61.
Anti-Terrorism—PLO
5201
62.
International Financial Policy
5301
63.
Support for East European Democracy (SEED)
5401
64.
United States Response to Terrorism Affecting Americans Abroad
5501
65.
Control and Elimination of Chemical and Biological Weapons
5601
66.
United States-Hong Kong Policy
5701
67.
Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support
5801
68.
Demilitarization of Former Soviet Union
5901
68A.
Cooperative Threat Reduction With States of Former Soviet Union
5951
69.
Cuban Democracy
6001
69A.
Cuban Liberty and Democratic Solidarity (LIBERTAD)
6021
70.
Mansfield Fellowship Program
6101
71.
United States International Broadcasting
6201
72.
Nuclear Proliferation Prevention
6301
73.
International Religious Freedom
6401
74.
Foreign Affairs Agencies Consolidation
6501
75.
Chemical Weapons Convention Implementation
6701
76.
Assistance to Countries With Large Populations Having HIV/AIDS
6801
77.
United States-China Relations
6901
78.
Trafficking Victims Protection
7101
79.
Trade Sanctions Reform and Export Enhancement
7201
80.
Diplomatic Telecommunications Service Program Office (DTS-PO)
7301
81.
International Criminal Court
7401
82.
Afghanistan Freedom Support
7501
83.
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
7601
84.
Millennium Challenge
7701
85.
North Korean Human Rights
7801
86.
Climate Change Technology Deployment in Developing Countries
7901
87.
United States and India Nuclear Cooperation
8001
88.
Nuclear Non-Proliferation Treaty—United States Additional Protocol Implementation
8101
89.
Advancing Democratic Values
8201
90.
Volunteers for Prosperity Program
8301
91.
Enhanced Partnership With Pakistan
8401
92.
Comprehensive Iran Sanctions, Accountability, and Divestment
8501
93.
United States-Israel Cooperation
8601
94.
Iran Threat Reduction and Syria Human Rights
8701
95.
Iran Freedom and Counterproliferation
8801
96.
Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine
8901
96A.
Ukraine Freedom Support
8921
97.
International Child Abduction Remedies
9001
98.
International Child Abduction Prevention and Return
9101
99.
North Korea Sanctions and Policy Enhancement
9201
100.
Global Food Security
9301
101.
Countering Iran's Destabilizing Activities
9401
102.
Countering Russian Influence in Europe and Eurasia
9501

        

CHAPTER 1—DIPLOMATIC AND CONSULAR SERVICE GENERALLY

Revision of Laws

Congress by the enactment of the Foreign Service Act of 1946, act Aug. 13, 1946, ch. 957, 60 Stat. 999, classified principally to chapter 14 (§801 et seq.) of this title, consolidated and revised the laws relating to the administration of the Foreign Service. The Foreign Service Act of 1980, Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, classified principally to chapter 52 (§3901 et seq.) of this title, repealed the Foreign Service Act of 1946 and further consolidated and revised the laws relating to the Foreign Service.

Proclamations Respecting War and Neutrality

See notes preceding section 1 of Title 50, War and National Defense.

§§1 to 7. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(32)–(37), (49), (66), 60 Stat. 1037

Section 1, act May 24, 1924, ch. 182, §8, formerly §1, 43 Stat. 140; renumbered §8 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1207, related to establishment of Foreign Service.

Section 1a, act May 3, 1945, ch. 105, §1, 59 Stat. 102, related to Congressional declaration of purpose.

Section 2, act May 24, 1924, ch. 182, §9, formerly §2, 43 Stat. 140; renumbered §9 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1207, related to definition of a Foreign Service officer and assignment to duty generally.

Section 3, act May 24, 1924, ch. 182, §10, formerly §3, 43 Stat. 140; renumbered §10 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1207; Apr. 24, 1939, ch. 84, §2, 53 Stat. 583; May 3, 1945, ch. 105, §§4, 5, 59 Stat. 102, 103, related to grading, classification, and compensation of officers.

Section 3a, act May 24, 1924, ch. 182, §33, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1215; amended Apr. 24, 1939, ch. 84, §4, 53 Stat. 588, related to salary increases.

Section 4, act May 24, 1924, ch. 182, §11, formerly §4, 43 Stat. 140; renumbered §11 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1215; June 29, 1935, ch. 337, 49 Stat. 436, related to appointment and commission of officers.

Section 5, act May 24, 1924, ch. 182, §12, formerly §5, 43 Stat. 141; renumbered §12 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1208, related to examination and appointment on probation of officers.

Section 6, act May 24, 1924, ch. 182, §12, formerly §5, 43 Stat. 141; renumbered §12 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1208, related to appointment to a class and not to a particular post.

Section 7, act May 24, 1924, ch. 182, §14, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1208; amended May 3, 1945, ch. 105, §6, 59 Stat. 103, related to reports and recommendations for promotions.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§8. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 645

Section, act May 24, 1924, ch. 182, §7, 43 Stat. 141, related to recommissioning diplomatic and consular officers on July 1, 1924.

§9. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(25), 60 Stat. 1037

Section, acts Apr. 5, 1906, ch. 1366, §4, 34 Stat. 100; May 24, 1924, ch. 182, §17, formerly §10, 43 Stat. 142, renumbered §17 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1209, related to inspection of diplomatic and consular offices.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946.

§10. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 645

Section, act May 24, 1924, ch. 182, §14, formerly §8, 43 Stat. 142; renumbered §14 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1208, abolished grade of consular assistant and provided against reduction of salaries of certain consuls.

§§11, 12. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(38), (39), 60 Stat. 1038

Section 11, R.S. §§1697, 1698, as amended acts Dec. 21, 1898, ch. 36, §§1, 2, 30 Stat. 770, 771; May 24, 1924, ch. 182, §16, formerly §9, 43 Stat. 142, renumbered §16 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1208; May 3, 1945, ch. 105, §7, 59 Stat. 103, related to bonds of officers.

Section 12, act May 24, 1924, ch. 182, §19, formerly §12, 43 Stat. 142; renumbered §19 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1209; May 3, 1945, ch. 105, §8, 59 Stat. 104, related to living, representation, and post allowances.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§13. Transferred

Codification

Section, act May 24, 1924, ch. 182, §18, formerly §11, 43 Stat. 142; renumbered §18 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1209, which related to receipt of official fees and method of accounting therefor, was transferred to section 4224 of this title.

§§14 to 23j. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(4), (29), (40)–(50), (53), (59)–(63), 60 Stat. 1035

Section 14, act May 24, 1924, ch. 182, §20, formerly §13, 43 Stat. 143; renumbered §20 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1209, related to private secretaries to ambassadors.

Section 15, act May 24, 1924, ch. 182, §21, formerly §14, 43 Stat. 143; renumbered §21 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1209; May 3, 1945, ch. 105, §9, 59 Stat. 104, related to assignment of officers for duty in Department of State or any other department or agency of the Government.

Section 16, act May 24, 1924, ch. 182, §21, formerly §14, 43 Stat. 143; renumbered §21 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1209; May 3, 1945, ch. 105, §9, 59 Stat. 104, related to assignment to special details.

Section 17, act May 24, 1924, ch. 182, §22, formerly §15, 43 Stat. 143; renumbered §22 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1210; Mar. 17, 1941, ch. 20, 55 Stat. 44, related to ordering of personnel to United States on statutory leave.

Section 17a, act May 24, 1924, ch. 182, §22, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1210, related to leave of absence and sick leave.

Section 18, acts July 1, 1916, ch. 208, 39 Stat. 252; May 24, 1924, ch. 182, §23, formerly §16, 43 Stat. 143; renumbered §23 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1210, related to appointment of Foreign Service officer as counselor of embassy or legation.

Section 19, act May 24, 1924, ch. 182, §24, formerly §17, 43 Stat. 143; renumbered §24 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1210, related to Foreign Service officers acting as commissioner, chargé d'affaires, etc.

Section 20, R.S. §1685; acts Mar. 2, 1909, ch. 235, 35 Stat. 673; Feb. 5, 1915, ch. 23, §3, 38 Stat. 805; May 24, 1924, ch. 182, §17(25), 43 Stat. 143; Feb. 27, 1925, ch. 364, title I, 43 Stat. 1016; Feb. 23, 1931, ch. 276, §7, 46 Stat. 1210, related to compensation of officer acting as chargé d'affaires ad interim.

Section 21, acts May 24, 1924, ch. 182, §26, formerly §18, 43 Stat. 144; July 3, 1926, ch. 798, §1, 44 Stat. 902; renumbered §26 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1211; Apr. 24, 1939, ch. 84, §3, 53 Stat. 584; July 19, 1939, ch. 330, 53 Stat. 1067; Aug. 5, 1939, ch. 441, 53 Stat. 1208; Apr. 20, 1940, ch. 118, §1, 54 Stat. 143; Oct. 14, 1940, ch. 859, §4, 54 Stat. 1118; May 13, 1941, ch. 115, §1, 55 Stat. 189, eff. Aug. 1, 1941, related to retirement and disability system.

Section 21a, act July 3, 1926, ch. 798, §2, 44 Stat. 903, related to retirement and disability rights of Chief of Division of Western European Affairs.

Section 22, act May 24, 1924, ch. 182, §27, formerly §19, 43 Stat. 146; renumbered §27 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1213, related to recall to active duty of retired officers.

Section 23, act May 24, 1924, ch. 182, §28, formerly §20, 43 Stat. 146; renumbered §28 and amended Feb. 23, 1931, ch. 276, §7, 46 Stat. 1213, related to making other laws applicable to Foreign Service officers.

Section 23a, acts Feb. 23, 1931, ch. 276, §1, 46 Stat. 1207; May 3, 1945, ch. 105, §2, 59 Stat. 102, related to administrative, fiscal, and clerical personnel of Foreign Service.

Section 23b, act Feb. 23, 1931, ch. 276, §2, 46 Stat. 1207, related to appointment to grade of senior clerk.

Section 23c, acts Feb. 23, 1931, ch. 276, §3, 46 Stat. 1207; Apr. 24, 1939, ch. 84, §1, 53 Stat. 583; May 3, 1945, ch. 105, §3, 59 Stat. 102, related to allowances at all posts to clerks to meet excessive costs of living.

Section 23d, act Feb. 23, 1931, ch. 276, §4, 46 Stat. 1207, related to appointment of clerks to serve in a diplomatic mission.

Section 23e, act Feb. 23, 1931, ch. 276, §5, 46 Stat. 1207, related to regulations governing clerks.

Section 23f, act May 24, 1924, ch. 182, §31, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1214; amended May 3, 1945, ch. 105, §10, 59 Stat. 105, related to Board of Foreign Personnel.

Section 23g, act May 24, 1924, ch. 182, §31, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1214; amended May 3, 1945, ch. 105, §10, 59 Stat. 105, related to Chief of Division of Foreign Service personnel and Director of Office of Foreign Service.

Section 23h, act May 24, 1924, ch. 182, §32, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1214; amended July 3, 1946, ch. 539, §5, 60 Stat. 427, related to Division of Foreign Service Personnel, efficiency ratings, etc.

Section 23i, act May 24, 1924, ch. 182, §33, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1215; amended Apr. 24, 1939, ch. 84, §4, 53 Stat. 588, related to separation of officers from Service, retirement pay, and annuities.

Section 23j, act May 24, 1924, ch. 182, §34, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1216, related to reduction of salary upon promotion to a higher grade.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§§23k, 23l. Transferred

Codification

Section 23k, act May 24, 1924, ch. 182, §35, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1216, which related to establishment and maintenance of fiscal accounting and disbursing offices, was transferred to section 4225 of this title.

Section 23l, act May 24, 1924, ch. 182, §36, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1216, which related to fees and official monies from diplomatic missions, was transferred to section 4226 of this title.

§24. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(67), 60 Stat. 1040

Section, act May 3, 1945, ch. 105, §12, 59 Stat. 105, related to restriction on transaction of business by officers and employees.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§§31 to 40. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(2), (3), (5), (6), (15), (19), (27), (28), (30), (31), (52), (55), (57), (58), 60 Stat. 1035

Section 31, act Mar. 2, 1909, ch. 235, 35 Stat. 672, related to restriction against creation of new ambassadorships.

Section 32, R.S. §1675; acts Mar. 3, 1875, ch. 153, 18 Stat. 483; Feb. 27, 1925, ch. 364, 43 Stat. 1015; Jan. 21, 1931, ch. 42, 46 Stat. 1040, related to appointment and salaries of ambassadors, ministers, etc.

Section 32a, act Jan. 21, 1931, ch. 42, 46 Stat. 1040, related to salary of minister to Liberia.

Section 33, R.S. §1744, related to citizenship as prerequisite to payment of compensation.

Section 34, act Sept. 29, 1919, ch. 72, 41 Stat. 291, related to appointment of an ambassador to Belgium.

Section 34a, act Jan. 22, 1930, ch. 22, 46 Stat. 57, related to appointment of an ambassador to Poland.

Section 34b, act June 5, 1930, ch. 404, 46 Stat. 502, related to appointment of a minister to Union of South Africa.

Section 34c, act June 1, 1922, ch. 204, title I, 42 Stat. 600, related to appointment of a minister to Egypt.

Section 35, acts Feb. 27, 1925, ch. 364, title I, 43 Stat. 1016; Apr. 29, 1926, ch. 195, title I, 44 Stat. 331; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1180; Feb. 15, 1928, ch. 57, title I, 45 Stat. 65; Jan. 25, 1929, ch. 102, title I, 45 Stat. 1096; Apr. 18, 1930, ch. 184, title I, 46 Stat. 175, related to clerks at embassies and legations.

Section 36, R.S. §1686, related to compensation of persons filling two offices.

Section 37, act June 11, 1874, ch. 275, §1, 18 Stat. 67, related to special allowance to embassy messenger in Paris.

Section 38, act Feb. 5, 1915, ch. 23, §7, 38 Stat. 807, related to transaction of business by diplomatic officers.

Section 39, R.S. §1688, related to prohibition against uniforms and official costumes.

Section 40, R.S. §1674; acts Feb. 5, 1915, ch. 23, §6, 38 Stat. 806; July 1, 1916, ch. 208, 39 Stat. 252; May 24, 1924, ch. 182, §2, 43 Stat. 140, related to definition of diplomatic offices.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§41. Transferred

Codification

Section, act July 5, 1946, ch. 541, title I, 60 Stat. 448, which related to ambassadors or ministers unable to serve because of emergent conditions abroad, was transferred and set out as a note under section 901 of this title and subsequently omitted from the Code.

§§51, 51a. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(2), (7), 60 Stat. 1035

Section 51, R.S. §1674; act Feb. 5, 1915, ch. 23, §6, 38 Stat. 806, related to official designations in consular service.

Section 51a, R.S. §1695; acts Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100; Feb. 5, 1915, ch. 23, §6, 38 Stat. 806, related to appointment of vice-consuls and consular agents.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§52. Omitted

Codification

Section, act Feb. 5, 1915, ch. 23, §6, 38 Stat. 806, abolished offices of vice consul general, deputy consul general, and deputy consul.

§53. Transferred

Codification

Section, R.S. §1689, which related to various provisions applicable to particular classes of consular officers, was transferred to section 4191 of this title.

§54. Omitted

Codification

Section, act Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, abolished grade of commercial agent.

§§55, 56. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(7), (51), 60 Stat. 1036

Section 55, R.S. §1695, related to limits of consulates.

Section 56, acts Feb. 27, 1925, ch. 364, 43 Stat. 1017; Apr. 29, 1926, ch. 195, title I, 44 Stat. 333; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1182, related to appointment of consular clerks.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§57. Repealed. Feb. 23, 1931, ch. 276, §6, 46 Stat. 1207, eff. July 1, 1931

Section, act Apr. 5, 1906, ch. 1366, §5, 34 Stat. 101, related to citizenship requirements of consular clerks.

§58. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(8), 60 Stat. 1036

Section, R.S. §1696, related to expenses of vice consulate or consular agency.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§71. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(11), 60 Stat. 1036

Section, R.S. §1714, related to construction of powers and duties of consular officers.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§§72 to 79. Transferred

Codification

Section 72, R.S. §4082, which related to solemnization of marriages, was transferred to section 4192 of this title and subsequently repealed.

Section 73, R.S. §1707, which related to receipt of protests and declarations by consuls and vice-consuls, was transferred to section 4193 of this title.

Section 74, R.S. §1708, which related to lists and returns of seamen and vessels, was transferred to section 4194 of this title.

Section 75, R.S. §1709, which related to handling of estates of decedents by consular officers, was transferred to section 4195 of this title and subsequently repealed.

Section 76, R.S. §1710, which related to notification of death of a decedent by a consular officer, was transferred to section 4196 of this title.

Section 77, R.S. §1711, which related to following testamentary directions by a consular officer, was transferred to section 4197 of this title.

Section 78, act June 30, 1902, ch. 1331, §1, 32 Stat. 546, which related to appointment of a consular officer as a trust officer for settlement or conservation of an estate, was transferred to section 4198 of this title.

Section 79, act June 30, 1902, ch. 1331, §2, 32 Stat. 547, which related to failure of a consular officer to post bond prior to appointment as an administrator, was transferred to section 4199 of this title.

§§80 to 82. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(9), (10), (22), 60 Stat. 1036

Section 80, R.S. §1712; acts June 18, 1888, ch. 393, 25 Stat. 186; Feb. 9, 1889, ch. 122, §§1, 4, 25 Stat. 659; July 14, 1890, ch. 707, 26 Stat. 288; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, related to commercial and agricultural reports.

Section 81, acts Jan. 27, 1879, ch. 28, §1, 20 Stat. 273; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, related to reports on exports, imports, and wages.

Section 82, R.S. §1713; acts June 18, 1888, ch. 393, 25 Stat. 186; Feb. 9, 1889, ch. 122, §§1, 4, 25 Stat. 659, related to reports on current prices of merchandise, etc.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§§83 to 104. Transferred

Codification

Section 83, R.S. §1715, which related to certification of invoices, was transferred to section 4200 of this title.

Section 84, act Apr. 5, 1906, ch. 1366, §9, 34 Stat. 101, which related to fees for certification of invoices, was transferred to section 4201 of this title.

Section 85, R.S. §1716, which related to exaction of excessive fees for verification of invoices, was transferred to section 4202 of this title.

Section 86, act Feb. 24, 1903, ch. 753, 32 Stat. 854, which related to destruction of old invoices, was transferred to section 4203 of this title.

Section 87, R.S. §1717, which related to granting of a certificate for goods shipped from countries adjacent to the United States, was transferred to section 4204 of this title.

Section 88, R.S. §1718, which related to retention of papers of American vessels until payment of demands and wages, was transferred to section 4205 of this title.

Section 89, act June 26, 1884, ch. 121, §12, 23 Stat. 56, which related to fees for official services to American vessels or seamen, was transferred to section 4206 of this title.

Section 90, R.S. §1719, which related to profits from dealings with discharged seamen, was transferred to section 4207 of this title.

Section 91, R.S. §1722, which related to valuation of foreign coins in payment of fees, was transferred to section 4208 of this title.

Section 92, R.S. §1723, which related to exaction of excessive fees generally, was transferred to section 4209 of this title.

Section 93, R.S. §1724, which related to liability for uncollected fees, was transferred to section 4210 of this title.

Section 94, R.S. §1725, which related to returns as to fees by officers compensated by fees, was transferred to section 4211 of this title.

Section 95, R.S. §§1726, 1727, which related to receipt for fees, was transferred to section 4212 of this title.

Section 96, R.S. §1727, which related to registry of fees, was transferred to section 4213 of this title.

Section 97, R.S. §1728, which related to account of fees, was transferred to section 4214 of this title.

Section 98, act Apr. 5, 1906, ch. 1366, §7, 34 Stat. 101, which related to notarial acts, oaths, affirmations, affidavits, and depositions, was transferred to section 4215 of this title.

Section 99, acts Apr. 5, 1906, ch. 1366, §8, 34 Stat. 101; Feb. 5, 1915, ch. 23, §§3, 6, 38 Stat. 805, 806; May 24, 1924, ch. 182, §11, 43 Stat. 142; Aug. 13, 1946, ch. 957, title XI, §1131(26), 60 Stat. 1037, which related to general duty to account for fees, was transferred to section 4223 of this title.

Section 100, act Apr. 5, 1906, ch. 1366, §10, 34 Stat. 102, which related to use of official fee stamps on documents involved in performance of any consular or notarial act, was transferred to section 1196 of this title and was subsequently repealed by act June 28, 1955, ch. 196, 69 Stat. 187.

Section 101, R.S. §1731, which related to posting rates of fees, was transferred to section 4216 of this title.

Section 102, R.S. §1734, which related to embezzlement of fees or of effects of American citizens, was transferred to section 4217 of this title.

Section 103, R.S. §§1735, 1736, which related to liability for neglect of duty or malfeasance, was transferred to section 1199 of this title.

Section 104, R.S. §1737, which related to false certificates as to ownership of property, was transferred to section 4218 of this title.

§105. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(12), 60 Stat. 1036

Section, R.S. §1738, related to restriction of diplomatic functions by consular officers.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§§106 to 108. Repealed. May 3, 1945, ch. 105, §11, 59 Stat. 105

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.

§109. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 640

Section, R.S. §1706; act Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, related to allowance for office rent of consulates.

§§121, 122. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(13), (20), 60 Stat. 1036

Section 121, R.S. §1740; acts Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100; Feb. 5, 1915, ch. 23, §6, 38 Stat. 806; Feb. 27, 1925, ch. 364, 43 Stat. 1017, related to commencement of salary of officers.

Section 122, act June 11, 1874, ch. 275, §4, 18 Stat. 70, related to fixing of travel time allowances.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§123. Repealed. Feb. 23, 1931, ch. 276, §22, 46 Stat. 1210, eff. July 1, 1931

Section, R.S. §1742, related to salary during absence.

§§124 to 126. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(14), (21), 60 Stat. 1036

Section 124, R.S. §1741; acts June 17, 1874, ch. 294, 18 Stat. 77; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, related to absence without leave.

Section 125, R.S. §1743, related to extra compensation.

Section 126, R.S. §1751; act June 17, 1874, ch. 294, 18 Stat. 77, related to private correspondence on affairs of foreign governments.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§§127, 128. Transferred

Codification

Section 127, R.S. §1745, which related to regulation of fees by President, was transferred to section 4219 of this title.

Section 128, R.S. §1746, which related to medium for payment of fees, was transferred to section 4220 of this title.

§§129 to 130b. Repealed Aug. 13, 1946, ch. 957, title XI, §§1131(16), (17), 1132, 60 Stat. 1036, 1040

Section 129, R.S. §1748; act Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, related to office paraphernalia.

Section 130, R.S. 1749, related to allowances of widows. See section 1082 of this title.

Section 130a, acts Apr. 27, 1938, ch. 180, title I, 52 Stat. 250; June 29, 1939, ch. 248, title I, 53 Stat. 887; May 14, 1940, ch. 189, title I, 54 Stat. 183; June 28, 1941, ch. 258, title I, 55 Stat. 268; July 2, 1942, ch. 472, title I, 56 Stat. 471; July 1, 1943, ch. 182, title I, 57 Stat. 273; June 28, 1944, ch. 294, title I, 58 Stat. 398; May 21, 1945, ch. 129, title I, 59 Stat. 172; July 5, 1946, ch. 541, title I, 60 Stat. 449, related to expenses of bringing home remains of personnel dying abroad.

Section 130b, acts Apr. 27, 1938, ch. 180, title I, 52 Stat. 250; June 29, 1939, ch. 248, title I, 53 Stat. 887; May 14, 1940, ch. 189, title I, 54 Stat. 183; June 28, 1941, ch. 258, title I, 55 Stat. 267; July 2, 1942, ch. 472, title I, 56 Stat. 470; July 1, 1943, ch. 182, title I, 57 Stat. 273; June 28, 1944, ch. 294, title I, 58 Stat. 398; May 21, 1945, ch. 129, title I, 59 Stat. 171; July 5, 1946, ch. 541, title I, 60 Stat. 449, related to expenses of transporting personnel, families, and their effects to and from posts.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§131. Transferred

Codification

Section, R.S. §1750, which related to depositions and notarial acts, was transferred to section 4221 of this title.

§132. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131(18), 60 Stat. 1036

Section, R.S. §1752, related to general regulations by President.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§133. Repealed. May 7, 1926, ch. 250, §7, 44 Stat. 405

Section, act Feb. 17, 1911, ch. 105, 36 Stat. 917, provided for purchase of buildings for Diplomatic and Consular Service.

§134. Repealed. Aug. 13, 1946, ch. 957, title XI, §1132, 60 Stat. 1040

Section, act Mar. 2, 1921, ch. 113, 41 Stat. 1215, related to acceptance of gifts of lands, buildings, etc., for use of the Service.

Effective Date of Repeal

Repeal effective three months after Aug. 13, 1946, see act Aug. 13, 1946, ch. 957, title XI, §1141, 60 Stat. 1040.

§§135, 136. Transferred

Codification

Section 135, act June 10, 1933, ch. 57, 48 Stat. 122, which related to protection of diplomatic codes, was transferred to section 815 of this title, and was subsequently repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862.

Section 136, act July 5, 1946, ch. 541, title I, 60 Stat. 452, which related to temporary assignment of American citizens in Foreign Service to Department of State during national emergencies, was transferred and set out as a note under section 909 of this title and subsequently omitted from the Code.

CHAPTER 2—CONSULAR COURTS

§§141 to 143. Repealed. Aug. 1, 1956, ch. 807, 70 Stat. 774

Act Aug. 1, 1956, repealed sections 141 to 143 effective upon the date which the President determined to be appropriate for the relinquishment of jurisdiction of the United States in Morocco. Jurisdiction of the United States in Morocco was relinquished by memorandum of President Eisenhower dated Sept. 15, 1956. Notice was given to Morocco on Oct. 6, 1956, and all pending cases were disposed of by 1960. See Bulletin of the State Department Vol. 35:909, page 844.

Section 141, R.S. §§4083, 4125, 4126, 4127; act June 14, 1878, ch. 193, 20 Stat. 131, related to judicial authority generally of ministers and consuls of United States in China, Siam, Turkey, Morocco, Muscat, Abyssinia, Persia, and territories formerly part of Ottoman Empire including Egypt.

Section 142, R.S. §4084, related to general criminal jurisdiction of ministers and consuls of United States.

Section 143, R.S. §4085, related to general jurisdiction of ministers and consuls of United States and venue in civil cases.

§144. Omitted

Codification

Section, acts Mar. 2, 1909, ch. 235, 35 Stat. 679; Mar. 4, 1915, ch. 145, 38 Stat. 1122, related to exercise of judicial functions by vice consul at Shanghai.

§§145 to 174. Repealed. Aug. 1, 1956, ch. 807, 70 Stat. 774

Act Aug. 1, 1956, repealed sections 145 to 174 effective upon the date which the President determined to be appropriate for the relinquishment of jurisdiction of the United States in Morocco. Jurisdiction of the United States in Morocco was relinquished by memorandum of President Eisenhower dated Sept. 15, 1956. Notice was given to Morocco on Oct. 6, 1956, and all pending cases were disposed of by 1960. See Bulletin of the State Department Vol. 35:909, page 844.

Section 145, R.S. §4086, related to system of laws to be applied.

Section 146, R.S. §4117, related to rules and regulations for consular courts generally.

Section 147, R.S. §4118, related to assent or dissent of consuls to, and publication of, rules, regulations, decrees, and orders.

Section 148, R.S. §4119, related to transmission of rules, regulations, orders and decrees to Secretary of State.

Section 149, R.S. §4087, related to warrant, arrest, trial, and sentence by consul.

Section 150, R.S. §4105, related to jurisdiction of consul sitting alone in criminal cases and finality of decision.

Section 151, R.S. §4089, related to jurisdiction of the consul sitting alone in criminal cases and appeal to minister.

Section 152, R.S. §4106, related to calling in by consul of associates in criminal cases and reference to minister upon disagreement.

Section 153, R.S. §4107, related to jurisdiction of consuls in civil cases, finality of decision, calling in of associates, and reference to minister upon disagreement.

Section 154, R.S. §4097, related to evidence and how it was to be taken.

Section 155, R.S. §4101, related to punishment generally and contempt.

Section 156, R.S. §4102, related to capital offenses, requisites for conviction, and conviction of lesser offenses.

Section 157, R.S. §4104, related to punishment for contempt of court.

Section 158, R.S. §4103, related to execution of criminals and pardons.

Section 159, R.S. §4120, related to fees for judicial services, application of moneys and rendition of accounts.

Section 160, R.S. §4099, related to settlement of criminal cases.

Section 161, R.S. §4098, related to arbitration, reference, and compromise of civil cases.

Section 162, R.S. §4100, related to invoking the aid of local authorities.

Section 163, R.S. §4108, related to jurisdiction of minister.

Section 164, R.S. §4109, related to appellate and original jurisdiction of minister.

Section 165, R.S. §4091, related to appellate jurisdiction of minister and new trials.

Section 166, R.S. §4090, related to jurisdiction of minister to try capital and felony cases.

Section 167, R.S. §4090, related to prevention of American citizens from enlisting with foreign countries.

Section 168, R.S. §§1693, 4111; act June 30, 1906, ch. 3934, §8, 34 Stat. 816, related to marshals of consular courts and their appointment and salary.

Section 169, R.S. §4112, related to execution and return of process by a marshal.

Section 170, R.S. §4113, related to bond of a marshal.

Section 171, R.S. §4114, related to suit on bond of marshal.

Section 172, R.S. §4115, related to necessity for production of original bond.

Section 173, R.S. §4116, related to service of rules, orders, writs, and processes of every kind in suit on bond of marshal.

Section 174, R.S. §§4121, 4122; act June 25, 1948, ch. 646, §39, 62 Stat. 992, related to expenses of prisons in foreign countries.

§175. Omitted

Codification

Section, act Mar. 2, 1901, ch. 802, 31 Stat. 893, which appropriated funds for feeding and keeping of prisoners, was repeated in subsequent appropriation acts down to and including act Mar. 3, 1917, ch. 161, 39 Stat. 1058, but was not repeated thereafter.

§§176 to 181. Repealed. Aug. 1, 1956, ch. 807, 70 Stat. 774

Act Aug. 1, 1956, repealed sections 176 to 181 effective upon the date which the President determined to be appropriate for the relinquishment of jurisdiction of the United States in Morocco. Jurisdiction of the United States in Morocco was relinquished by memorandum of President Eisenhower dated Sept. 15, 1956. Notice was given to Morocco on Oct. 6, 1956, and all pending cases were disposed of by 1960. See Bulletin of the State Department Vol. 35:909, page 844.

Section 176, R.S. §4128, related to the exercise of judicial duties by the Secretary of State in the absence of a minister.

Section 177, R.S. §§4127, 4129; act June 14, 1878, ch. 193, 20 Stat. 131, related to the general extension to unnamed countries with which the United States may after July 1, 1870 enter into treaty relations, of the provisions relating to the jurisdiction of consular and diplomatic officers.

Section 178, R.S. §4130; acts Feb. 1, 1876, ch. 6, 19 Stat. 2; Feb. 5, 1915, ch. 23, §6, 38 Stat. 806, related to the definition of the words "minister" and "consul".

Section 179, R.S. §4110, related to the responsibility of diplomatic and consular officers as judicial officers.

Section 180, R.S. §4088; act Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, related to the power of consuls in uncivilized countries or countries not recognized by treaties.

Section 181, R.S. §4125, related to the applicability of other laws to Turkey.

§182. Omitted

Codification

Section, act Mar. 23, 1874, ch. 62, §1, 18 Stat. 23, related to consular courts in Turkey and Egypt. Such courts in Turkey were abolished Oct. 14, 1949, and such courts in Egypt were abolished by the Treaty of Oct. 28, 1931.

§183. Repealed. Aug. 1, 1956, ch. 807, 70 Stat. 774

Section, R.S. §4126, related to the extension of other laws to Persia and suits between American citizens and subjects of Persia and other countries.

Effective Date of Repeal

Act Aug. 1, 1956, repealed section 183 effective upon the date which the President determined to be appropriate for the relinquishment of jurisdiction of the United States in Morocco. Jurisdiction of the United States in Morocco was relinquished by memorandum of President Eisenhower dated Sept. 15, 1956. Notice was given to Morocco on Oct. 6, 1956, and all pending cases were disposed of by 1960. See Bulletin of the State Department Vol. 35:909, page 844.

CHAPTER 3—UNITED STATES COURT FOR CHINA

§§191 to 200. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948

Section 191, acts June 30, 1906, ch. 3934, §1, 34 Stat. 814; June 24, 1936, ch. 757, 49 Stat. 1909, related to establishment of court.

Section 192, act June 30, 1906, ch. 3934, §2, 34 Stat. 814, related to jurisdiction of consular courts.

Section 193, act June 30, 1906, ch. 3934, §2, 34 Stat. 814, related to administration of estates of decedents.

Section 194, acts June 30, 1906, ch. 3934, §3, 34 Stat. 815; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; Jan. 31, 1928, ch. 14, §1, 45 Stat. 54, related to appeals and writs of error.

Section 195, act June 30, 1906, ch. 3934, §4, 34 Stat. 815, related to law applicable to determination of cases.

Section 196, act June 30, 1906, ch. 3934, §5, 34 Stat. 816, related to procedure generally.

Section 197, acts June 30, 1906, ch. 3934, §6, 34 Stat. 816; May 29, 1928, ch. 904, §§1, 2, 45 Stat. 997, related to officers of court.

Section 197a, act May 29, 1928, ch. 904, §§1, 2, 45 Stat. 997, related to salaries of judge.

Section 197b, act June 30, 1906, ch. 3934, §11, as added Aug. 7, 1935, ch. 452, §1, 49 Stat. 539, related to appointment and compensation of special judge.

Section 197c, acts Mar. 2, 1909, ch. 235, 35 Stat. 679; Mar. 4, 1915, ch. 145, 38 Stat. 1122, related to vice consul at Shanghai exercising judicial functions.

Section 198, act June 4, 1920, ch. 223, 41 Stat. 746, related to commissioner for court.

Section 198a, act June 30, 1906, ch. 3934, §10, as added Aug. 7, 1935, ch. 452, §1, 49 Stat. 538, related to commissioner for the court.

Section 199, act June 30, 1906, ch. 3934, §7, 34 Stat. 816, related to tenure of office of judge.

Section 200, act June 30, 1906, ch. 3934, §8, 34 Stat. 816, related to bond of marshal.

§201. Omitted

Codification

Section, acts Feb. 27, 1925, ch. 364, title I, 43 Stat. 1025; Apr. 29, 1926, ch. 195, title I, 44 Stat. 341; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1192; Feb. 15, 1928, ch. 57, title I, 45 Stat. 76, related to expenses of judge and district attorney at sessions other than in Shanghai. By the Treaty of Jan. 11, 1943, 57 Stat., pt. 2, 767, between the United States and the Republic of China, the United States relinquished all of its extraterritorial rights in China.

§202. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948

Section, act June 30, 1906, ch. 3934, §9, 34 Stat. 816, related to fees of marshal and clerk.

CHAPTER 4—PASSPORTS

Sec.
211.
Repealed.
211a.
Authority to grant, issue, and verify passports.
212.
Persons entitled to passport.
212a.
Restriction of passports for sex tourism.
212b.
Unique passport identifiers for covered sex offenders.
213.
Application for passport; verification by oath of initial passport.
214.
Fees for execution and issuance of passports; persons excused from payment.
214a.
Fees erroneously charged and paid; refund.
215 to 217. Omitted or Repealed.
217a.
Validity of passport; limitation of time.
218.
Returns as to passports issued, etc.
219 to 229. Repealed.

        

§211. Repealed. July 3, 1926, ch. 772, §4, 44 Stat. 887

Section, R.S. §4075; act June 14, 1902, ch. 1088, §1, 32 Stat. 386, provided for issuance of passports. See section 211a of this title.

§211a. Authority to grant, issue, and verify passports

The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic and consular officers of the United States, and by such other employees of the Department of State who are citizens of the United States as the Secretary of State may designate, and by the chief or other executive officer of the insular possessions of the United States, under such rules as the President shall designate and prescribe for and on behalf of the United States, and no other person shall grant, issue, or verify such passports. Unless authorized by law, a passport may not be designated as restricted for travel to or for use in any country other than a country with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or the physical safety of United States travellers.

(July 3, 1926, ch. 772, §1, 44 Stat. 887; Pub. L. 95–426, title I, §124, Oct. 7, 1978, 92 Stat. 971; Pub. L. 103–236, title I, §127(a), Apr. 30, 1994, 108 Stat. 394; Pub. L. 103–415, §1(b), Oct. 25, 1994, 108 Stat. 4299.)

Amendments

1994—Pub. L. 103–415, §1(b)(1), substituted "such other employees" for "such employees".

Pub. L. 103–415, §1(b)(2), which directed the amendment of this section by substituting "United States" for "United States," was executed by making the substitution after "who are citizens of the", to reflect the probable intent of Congress.

Pub. L. 103–236 substituted "by diplomatic and consular officers of the United States, and by other employees of the Department of State who are citizens of the United States," for "by diplomatic representatives of the United States, and by such consul generals, consuls, or vice consuls when in charge,".

1978—Pub. L. 95–426 inserted provision prohibiting passport restrictions except for countries with which the United States is at war, where armed hostilities are in progress or there is imminent danger to the public health or physical safety of United States travellers.

Short Title of 2006 Amendment

Pub. L. 109–167, §1, Jan. 10, 2006, 119 Stat. 3578, provided that: "This Act [amending section 214 of this title] may be cited as the 'Passport Services Enhancement Act of 2005'."

Limitations on Use of Funds for Procurement of Paper for Passports

Pub. L. 100–440, title VI, §617(b), Sept. 22, 1988, 102 Stat. 1755, provided that: "None of the funds made available by this or any other Act with respect to any fiscal year may be used to procure paper for passports granted or issued pursuant to the first section of the Act entitled 'An Act to regulate the issue and validity of passports, and for other purposes', approved July 3, 1926 (22 U.S.C. 211a), if such paper is manufactured outside of the United States or its possessions or is procured from any corporation or other entity owned or controlled by persons not citizens of the United States. This subsection shall not apply if no domestic manufacturer for passport paper exists."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 100–202, §101(m) [title VI, §622(b)], Dec. 22, 1987, 101 Stat. 1329–390, 1329-428.

Persons Entitled to Diplomatic or Official United States Passport

Pub. L. 95–426, title I, §125, Oct. 7, 1978, 92 Stat. 971, provided that: "It is the sense of the Congress that a diplomatic or official United States passport should be issued only to, and used only by, a person who holds a diplomatic or other official position in the United States Government or who is otherwise eligible for such a passport under conditions specifically authorized by law."

Ex. Ord. No. 11295. Rules Governing Granting, Issuing, and Verifying of Passports

Ex. Ord. No. 11295, Aug. 5, 1966, 31 F.R. 10603, provided:

By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is ordered as follows:

Section 1. Delegation of authority. The Secretary of State is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority conferred upon the President by the first section of the Act of July 3, 1926 (22 U.S.C. 211a), to designate and prescribe for and on behalf of the United States rules governing the granting, issuing, and verifying of passports.

Sec. 2. Superseded orders. Subject to Section 3 of this order, the following are hereby superseded:

(1) Executive Order No. 7856 of March 31, 1938, entitled "Rules Governing the Granting and Issuing of Passports in the United States."

(2) Executive Order No. 8820 of July 11, 1941, entitled "Amending the Foreign Service Regulations of the United States."

Sec. 3. Saving provisions. All rules and regulations contained in the Executive order provisions revoked by Section 2 of this order, and all rules and regulations issued under the authority of those provisions, which are in force at the time of the issuance of this order shall remain in full force and effect until revoked, or except as they may be hereafter amended or modified, in pursuance of the authority conferred by this order, unless sooner terminated by operation of law.

Lyndon B. Johnson.      

§212. Persons entitled to passport

No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States.

(R.S. §4076; June 14, 1902, ch. 1088, §2, 32 Stat. 386.)

Codification

R.S. §4076 derived from act May 30, 1866, ch. 102, 14 Stat. 54.

Amendments

1902—Act June 14, 1902, substituted "those owing allegiance, whether citizens or not, to the United States" for "citizens of the United States".

§212a. Restriction of passports for sex tourism

(a) In general

Following any conviction of an individual for a violation of section 2423 of title 18, the Attorney General shall notify in a timely manner—

(1) the Secretary of State for appropriate action under subsection (b); and

(2) the Secretary of Homeland Security for appropriate action under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].

(b) Authority to restrict passport

(1) Ineligibility for passport

(A) In general

The Secretary of State shall not issue a passport or passport card to an individual who is convicted of a violation of section 2423 of title 18 during the covered period if the individual used a passport or passport card or otherwise crossed an international border in committing the offense.

(B) Passport revocation

The Secretary of State shall revoke a passport or passport card previously issued to an individual described in subparagraph (A).

(2) Exceptions

(A) Emergency and humanitarian situations

Notwithstanding paragraph (1), the Secretary of State may issue a passport or passport card, in emergency circumstances or for humanitarian reasons, to an individual described in paragraph (1)(A).

(B) Limitation for return to United States

Notwithstanding paragraph (1), the Secretary of State may, prior to revocation, limit a previously issued passport or passport card only for return travel to the United States, or may issue a limited passport or passport card that only permits return travel to the United States.

(3) Definitions

In this subsection—

(A) the term "covered period" means the period beginning on the date on which an individual is convicted of a violation of section 2423 of title 18 and ending on the later of—

(i) the date on which the individual is released from a sentence of imprisonment relating to the offense; and

(ii) the end of a period of parole or other supervised release of the covered individual relating to the offense; and


(B) the term "imprisonment" means being confined in or otherwise restricted to a jail, prison, half-way house, treatment facility, or another institution, on a full or part-time basis, pursuant to the sentence imposed as the result of a criminal conviction.

(Pub. L. 110–457, title II, §236, Dec. 23, 2008, 122 Stat. 5082.)

References in Text

The Immigration and Nationality Act, referred to in subsec. (a)(2), 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.

§212b. Unique passport identifiers for covered sex offenders

(a) In general

Immediately after receiving a written determination from the Angel Watch Center that an individual is a covered sex offender, through the process developed for that purpose under section 21507 of title 34, the Secretary of State shall take appropriate action under subsection (b).

(b) Authority to use unique passport identifiers

(1) In general

Except as provided under paragraph (2), the Secretary of State shall not issue a passport to a covered sex offender unless the passport contains a unique identifier, and may revoke a passport previously issued without such an identifier of a covered sex offender.

(2) Authority to reissue

Notwithstanding paragraph (1), the Secretary of State may reissue a passport that does not include a unique identifier if an individual described in subsection (a) reapplies for a passport and the Angel Watch Center provides a written determination, through the process developed for that purpose under section 21507 of title 34, to the Secretary of State that the individual is no longer required to register as a covered sex offender.

(c) Defined terms

In this section—

(1) the term "covered sex offender" means an individual who—

(A) is a sex offender, as defined in section 21503(f) of title 34; and

(B) is currently required to register under the sex offender registration program of any jurisdiction;


(2) the term "unique identifier" means any visual designation affixed to a conspicuous location on the passport indicating that the individual is a covered sex offender; and

(3) the term "passport" means a passport book or passport card.

(d) Prohibition

The Secretary of State, the Secretary of Homeland Security, and the Attorney General, and their agencies, officers, employees, and agents, shall not be liable to any person for any action taken under this section.

(e) Disclosure

In furtherance of this section, the Secretary of State may require a passport applicant to disclose that they are a registered sex offender.

(f) Effective date

This section shall take effect upon certification by the Secretary of State, the Secretary of Homeland Security, and the Attorney General, that the process developed and reported to the appropriate congressional committees under section 21507 of title 34 has been successfully implemented.

(Pub. L. 110–457, title II, §240, as added Pub. L. 114–119, §8, Feb. 8, 2016, 130 Stat. 24.)

§213. Application for passport; verification by oath of initial passport

Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application which shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. If the applicant has not previously been issued a United States passport, the application shall be duly verified by his oath before a person authorized and empowered by the Secretary of State to administer oaths.

(June 15, 1917, ch. 30, title IX, §1, 40 Stat. 227; Pub. L. 90–428, §3, July 26, 1968, 82 Stat. 446.)

Codification

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

Amendments

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

Effective Date of 1968 Amendment

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

Issuance of Passports for Children Under Age 14

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

"(a) In General.—

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

"(2) Requirements.—

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

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

"(i) has sole custody of the child;

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

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

"(b) Exceptions.—The regulations required by subsection (a) may provide for exceptions in exigent circumstances, such as those involving the health or welfare of the child, or when the Secretary determines that issuance of a passport is warranted by special family circumstances."

§214. Fees for execution and issuance of passports; persons excused from payment

(a) There shall be collected and paid into the Treasury of the United States a fee, prescribed by the Secretary of State by regulation, for the filing of each application for a passport (including the cost of passport issuance and use) and a fee, prescribed by the Secretary of State by regulation, for executing each such application except that the Secretary of State may by regulation authorize State officials or the United States Postal Service to collect and retain the execution fee for each application for a passport accepted by such officials or by that Service. Such fees shall not be refundable, except as the Secretary may by regulation prescribe. No passport fee shall be collected from an officer or employee of the United States proceeding abroad in the discharge of official duties, or from members of his immediate family; from an American seaman who requires a passport in connection with his duties aboard an American flag-vessel; from a widow, widower, child, parent, grandparent, brother, or sister of a deceased member of the Armed Forces proceeding abroad to visit the grave of such member or to attend a funeral or memorial service for such member; or from an individual or individuals abroad, returning to the United States, when the Secretary determines that foregoing the collection of such fee is justified for humanitarian reasons or for law enforcement purposes. No execution fee shall be collected for an application made before a Federal official by a person excused from payment of the passport fee under this section.

(b)(1) The Secretary of State may by regulation establish and collect a surcharge on applicable fees for the filing of each application for a passport in order to cover the costs of meeting the increased demand for passports as a result of actions taken to comply with section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 note). Such surcharge shall be in addition to the fees provided for in subsection (a) and in addition to the surcharges or fees otherwise authorized by law and shall be deposited in the Consular and Border Security Programs account, to remain available until expended for the purposes of meeting such costs.

(2) The authority to collect the surcharge provided under paragraph (1) may not be exercised after September 30, 2010.

(3) The Secretary of State shall ensure that, to the extent practicable, the total cost of a passport application during fiscal years 2006 and 2007, including the surcharge authorized under paragraph (1), shall not exceed the cost of the passport application as of December 1, 2005.

(June 4, 1920, ch. 223, §1, 41 Stat. 750; Feb. 10, 1956, ch. 31, 70 Stat. 11; Pub. L. 90–428, §2, July 26, 1968, 82 Stat. 446; Pub. L. 92–14, §1, May 14, 1971, 85 Stat. 38; Pub. L. 93–417, Sept. 17, 1974, 88 Stat. 1151; Pub. L. 97–241, title I, §116(a), Aug. 24, 1982, 96 Stat. 279; Pub. L. 104–208, div. A, title I, §101(a) [title IV, §407], Sept. 30, 1996, 110 Stat. 3009, 3009-55; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title II, §233(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-426; Pub. L. 109–167, §2, Jan. 10, 2006, 119 Stat. 3578; Pub. L. 109–210, §1, Mar. 24, 2006, 120 Stat. 319; Pub. L. 109–472, §5, Jan. 11, 2007, 120 Stat. 3555; Pub. L. 115–31, div. J, title VII, §7081(f), May 5, 2017, 131 Stat. 716.)

Amendments

2017—Subsec. (b)(1). Pub. L. 115–31 substituted "in the Consular and Border Security Programs account" for "as an offsetting collection to the appropriate Department of State appropriation".

2007—Subsec. (a). Pub. L. 109–472 substituted "from a widow" for "or from a widow" and inserted "; or from an individual or individuals abroad, returning to the United States, when the Secretary determines that foregoing the collection of such fee is justified for humanitarian reasons or for law enforcement purposes" after "memorial service for such member".

2006—Pub. L. 109–167 designated existing provisions as subsec. (a) and added subsec. (b).

Subsec. (a). Pub. L. 109–210 substituted "or from a widow, widower, child, parent, grandparent, brother, or sister of a deceased member of the Armed Forces proceeding abroad to visit the grave of such member or to attend a funeral or memorial service for such member" for "or from a widow, child, parent, brother, or sister of a deceased member of the Armed Forces proceeding abroad to visit the grave of such member".

1999—Pub. L. 106–113, in first sentence, substituted "the filing of each application for a passport (including the cost of passport issuance and use)" for "each passport issued" and "each such application except" for "each application for a passport; except" and inserted after first sentence "Such fees shall not be refundable, except as the Secretary may by regulation prescribe."

1996—Pub. L. 104–208 inserted "; except that the Secretary of State may by regulation authorize State officials or the United States Postal Service to collect and retain the execution fee for each application for a passport accepted by such officials or by that Service" before period at end of first sentence and struck out after first sentence "Nothing contained in this section shall be construed to limit the right of the Secretary of State by regulation (1) to authorize State officials to collect and retain the execution fee, or (2) to transfer to the United States Postal Service the execution fee for each application accepted by that Service."

1982—Pub. L. 97–241 substituted provision that the Secretary of State prescribe by regulation the fee for passports for provision that a fee of $10 be charged for each passport and that the fees be collected and paid into the Treasury quarterly.

1974—Pub. L. 93–417 substituted provisions authorizing the Secretary of State to prescribe fees for execution of applications for passports by regulation for provisions prescribing a fixed fee of $2, substituted "United States Postal Service" for "Postal Service", and struck out references to the fee of $2 in the proviso relating to the rights of the Secretary of State.

1971—Pub. L. 92–14 authorized the United States Postal Service to receive the fee of $2 for execution of an application for a passport.

1968—Pub. L. 90–428 increased from $1.00 to $2.00 and from $9.00 to $10.00, respectively, the fees for the execution and the issuance of passports, struck out "to a citizen or person owing allegiance to or entitled to the protection of the United States" after "for each passport issued", restricted the exemption for seamen to American seamen requiring a passport in connection with duties aboard an American flag-vessel, and inserted provision excusing a person exempted from a passport fee from paying an execution fee.

1956—Act Feb. 10, 1956, increased from $1 to $2 the fee for executing passport applications, and reworded authorization of State officials to collect and retain $2 fee.

Effective Date of 1999 Amendment

Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title II, §233(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-426, provided that: "The amendments made by this section [amending this section and repealing section 216 of this title] shall take effect on the date of issuance of final regulations under section 1 of the Passport Act of June 4, 1920 [22 U.S.C. 214], as amended by subsection (a)." [Final regulations issued Feb. 23, 2000, effective May 15, 2000, see 65 F.R. 14211.]

Effective and Termination Date of 1971 Amendment

Pub. L. 92–14, §2, May 14, 1971, 85 Stat. 38, as amended by Pub. L. 93–126, §8, Oct. 18, 1973, 87 Stat. 453, provided that: "The amendment made by this Act [amending this section] shall become effective on the date of enactment [May 14, 1971] and shall continue in effect until June 30, 1974."

Effective Date of 1968 Amendment

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

Extension of Authority

Pub. L. 115–141, div. K, title VII, §7034(l)(1), Mar. 23, 2018, 132 Stat. 895, provided that: "Section 1(b)(2) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting 'September 30, 2018' for 'September 30, 2010'."

Prior extensions were contained in the following prior acts:

Pub. L. 115–31, div. J, title VII, §7034(k)(1), May 5, 2017, 131 Stat. 651.

Pub. L. 114–113, div. K, title VII, §7034(k)(1), Dec. 18, 2015, 129 Stat. 2764.

Pub. L. 113–235, div. J, title VII, §7034(l)(1), Dec. 16, 2014, 128 Stat. 2625.

Pub. L. 113–76, div. K, title VII, §7034(m)(1), Jan. 17, 2014, 128 Stat. 515.

Pub. L. 112–74, div. I, title VII, §7034(m)(1), Dec. 23, 2011, 125 Stat. 1216.

Deposit of Receipts From Expedited Passport Processing

Pub. L. 103–317, title V, Aug. 26, 1994, 108 Stat. 1760, as amended by Pub. L. 115–31, div. J, title VII, §7081(g), May 5, 2017, 131 Stat. 716, provided in part "That hereafter all receipts received from a new charge from expedited passport processing shall be deposited in this account as an offsetting collection or in the Consular and Border Security Programs account and shall be available until expended".

Information From United States Passports

Pub. L. 101–604, title II, §203(d), Nov. 16, 1990, 104 Stat. 3083, provided that: "Notwithstanding any other provision of law, to the extent provided in appropriation Acts, for each fiscal year not more than $5,000,000 in passport fees collected by the Department of State may be credited to a Department of State account. Amounts credited to such account shall be available only for the costs associated with the acquisition and production of machine-readable United States passports and visas and compatible reading equipment. Amounts credited to such account are authorized to remain available until expended."

§214a. Fees erroneously charged and paid; refund

Whenever a fee is erroneously charged and paid for the issue of a passport to a person who is exempted from the payment of such a fee by section 214 of this title, the Department of State is authorized to refund to the person who paid such fee the amount thereof, and the money for that purpose is authorized to be appropriated.

(July 3, 1926, ch. 772, §3, 44 Stat. 887.)

Certain Appropriation Accounts Abolished

Effective July 1, 1935, enumerated appropriation accounts appearing on the books of the Government were abolished and in lieu thereof there was established an account to be designated "Refund of Moneys Erroneously Received and Covered." See section 1322 of Title 31, Money and Finance.

§215. Omitted

Codification

Section, act June 4, 1920, ch. 223, §2, 41 Stat. 750, provided for fees of $1 for each application for a visa and $9 for each visa. It was superseded by sections 2(h) and 7(h) of the Immigration Act of 1924 (act May 26, 1924, ch. 190, 43 Stat. 154, 157) which provided for fees in the same amounts. The 1924 Act was repealed by section 403(a)(23) of the Immigration and Nationality Act (act June 27, 1952, ch. 477, 66 Stat. 279). See section 1351 of Title 8, Aliens and Nationality, and section 9701 of Title 31, Money and Finance.

§216. Repealed. Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title II, §233(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-426

Section, act June 4, 1920, ch. 223, §4, 41 Stat. 751, authorized return of fees on refusal to visé.

Effective Date of Repeal

For effective date of repeal, see section 1000(a)(7) [div. A, title II, §233(c)] of Pub. L. 106–113, set out as an Effective Date of 1999 Amendment note under section 214 of this title.

§217. Repealed. July 3, 1926, ch. 772, §4, 44 Stat. 887

Section, act June 4, 1920, ch. 223, §3, 41 Stat. 751, limited time as to validity of passport or visé. See section 217a of this title.

§217a. Validity of passport; limitation of time

A passport shall be valid for a period of ten years from the date of issue, except that the Secretary of State may limit the validity of a passport to a period of less than ten years in an individual case or on a general basis pursuant to regulation.

(July 3, 1926, ch. 772, §2, 44 Stat. 887; July 1, 1930, ch. 782, 46 Stat. 839; May 16, 1932, ch. 187, 47 Stat. 157; Pub. L. 86–267, Sept. 14, 1959, 73 Stat. 552; Pub. L. 90–428, §1, July 26, 1968, 82 Stat. 446; Pub. L. 97–241, title I, §116(b)(1), Aug. 24, 1982, 96 Stat. 279.)

Amendments

1982—Pub. L. 97–241 substituted provision that a passport be valid for a period of ten years from issuance and that the Secretary of State could limit the period to less than ten years in an individual case or on a general basis by regulation for provision that a passport be limited to a period of not more than five years, that the Secretary of State could limit the passport to a shorter period, and that a valid passport outstanding as of the effective date of Pub. L. 90–428 be valid for a period of five years from the date of issue, except where such passport was limited to a shorter period by the Secretary.

1968—Pub. L. 90–428 substituted provisions that passport be limited to a period of not more than five years, though the Secretary of State may limit it to a shorter period and provisions as to the length of validity of passports outstanding as of the effective date of Pub. L. 90–428 for provisions that a passport or passport visa be limited to a period of three years, that a passport be renewed pursuant to regulations of the Secretary for a period not to exceed two years, provided that the final date of expiration not be more than five years from the original date of issue, that the Secretary be authorized to limit the validity of a passport, passport visa, or period of renewal of a passport to less than two years, and that the charge for the issue of an original passport be $9.00 and the charge for the renewal be $5.00.

1959—Pub. L. 86–267 substituted "three years" for "two years", and "five years" for "four years".

1932—Act May 16, 1932, among other changes, increased payment for renewals from $2 to $5, for issue of original passport from $5 to $9, and restored final expiration date of renewal passport to four years from six-year period.

1930—Act July 1, 1930, among other changes, provided for $2 payment for renewal of passport, $5 payment for issue of an original passport, and changed from four to six years the final expiration date of renewal passport.

Effective Date of 1982 Amendment

Pub. L. 97–241, title I, §116(b)(2), Aug. 24, 1982, 96 Stat. 279, provided that: "The amendment made by this subsection [amending this section] applies with respect to passports issued after the date of enactment of this Act [Aug. 24, 1982]."

Effective Date of 1968 Amendment

Pub. L. 90–428, §4, July 26, 1968, 82 Stat. 446, provided that: "This Act [amending this section and sections 213 and 214 of this title] shall take effect on the thirtieth day following the date of its enactment [July 26, 1968]."

§218. Returns as to passports issued, etc.

All persons who shall be authorized to grant, issue, or verify passports, shall make return of the same to the Secretary of State, in such manner and as often as he shall require; and such returns shall specify the names and all other particulars of the persons to whom the same shall be granted, issued, or verified, as embraced in such passport.

(R.S. §4077.)

Codification

R.S. §4077 derived from act May 30, 1866, ch. 102, 14 Stat. 54.

§§219 to 222. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948

Section 219, R.S. §4078; act June 14, 1902, ch. 1088, §3, 32 Stat. 386, related to issuance of false passports. See section 1541 of Title 18, Crimes and Criminal Procedure.

Section 220, acts June 15, 1917, ch. 30, title IX, §2, 40 Stat. 227; Mar. 28, 1940, ch. 72, §7, 54 Stat. 80, related to false statements in application for passports. See section 1542 of Title 18.

Section 221, acts June 15, 1917, ch. 30, title IX, §3, 40 Stat. 227; Mar. 28, 1940, ch. 72, §7, 54 Stat. 80, related to unlawful use of passports. See section 1544 of Title 18.

Section 222, acts June 15, 1917, ch. 30, title IX, §4, 40 Stat. 227; Mar. 28, 1940, ch. 72, §7, 54 Stat. 80, related to forging or altering of passports. See section 1543 of Title 18.

§§223 to 229. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(15), (20), (43), 66 Stat. 279, 280

Section 223, acts May 22, 1918, ch. 81, §1, 40 Stat. 559; June 21, 1941, ch. 210, §1, 55 Stat. 252, related to wartime restrictions generally. See section 1185 of Title 8, Aliens and Nationality.

Section 224, act May 22, 1918, ch. 81, §2, 40 Stat. 559, related to requirement of passport for citizens during wartime restrictions. See section 1185 of Title 8.

Section 225, acts May 22, 1918, ch. 81, §3, 40 Stat. 559; June 21, 1941, ch. 210, §2, 55 Stat. 253, related to penalty for violation of wartime restrictions. See section 1185 of Title 8.

Section 226, acts May 22, 1918, ch. 81, §4, 40 Stat. 559; June 21, 1941, ch. 210, §2a, 55 Stat. 253, related to definition of "United States" and "person" as used in wartime restriction. See section 1185 of Title 8.

Section 226a, act May 22, 1918, ch. 81, §5, as added June 21, 1941, ch. 210, §3, 55 Stat 253, related to permit as guarantee of admission to the United States. See section 1185 of Title 8.

Section 226b, act May 22, 1918, ch. 81, §6, as added June 21, 1941, ch. 210, §3, 55 Stat. 253, related to proclamation, rule, etc., as bar to prosecution. See section 1185 of Title 8.

Section 227, act Mar. 2, 1921, ch. 113, §1, 41 Stat. 1217, related to continuation of regulations as to alien passport requirements.

Sections 228 and 229, act June 20, 1941, ch. 209, §§1, 2, 55 Stat. 252, related to refusal of visés to aliens whose admission might endanger the public safety, and to rules and regulations governing this refusal. See section 1102 of Title 8.

Termination of Emergency Provisions

Joint Res. Mar. 31, 1953, ch. 13, §1, 67 Stat. 18, provided for the extension of certain emergency provisions (previously extended to April 1, 1953 by Joint Res. July 3, 1952, ch. 570, §1(b), 66 Stat. 333) until July 1, 1953. Joint Res. Mar. 31, 1953, ch. 13, §2, 67 Stat. 18, provided that the extension did not apply to the provisions of sections 223 to 226b of this title.

CHAPTER 5—PRESERVATION OF FRIENDLY FOREIGN RELATIONS GENERALLY

§§231, 232. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948

Section 231, acts June 15, 1917, ch. 30, title VIII, §1, 40 Stat. 226; Mar. 28, 1940, ch. 72, §6, 54 Stat. 80, related to false statements to influence conduct of foreign governments toward the United States. See section 954 of Title 18, Crimes and Criminal Procedure.

Section 232, acts June 15, 1917, ch. 30, title VIII, §2, 40 Stat. 226; Mar. 28, 1940, ch. 72, §6, 54 Stat. 80, related to wrongful assumption of character of diplomatic or consular officer. See section 915 of Title 18.

§§233 to 233g. Transferred

Codification

Section 233, act June 15, 1917, ch. 30, title VIII, §3, 40 Stat. 226, as amended, which related to acting as a foreign agent without notice to Secretary of State, was transferred to section 601 of this title and was subsequently repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862. See section 951 of Title 18, Crimes and Criminal Procedure.

Section 233a, act June 8, 1938, ch. 327, §1, 52 Stat. 631, as amended, which related to defining, various terms included in provisions relating to foreign agents and propaganda, was transferred to section 611 of this title.

Section 233b, act June 8, 1938, ch. 327, §2, 52 Stat. 632, as amended, which related to registration statements, was transferred to section 612 of this title.

Section 233c, act June 8, 1938, ch. 327, §3, 52 Stat. 632, as amended, which related to exemptions, was transferred to section 613 of this title.

Section 233d, act June 8, 1938, ch. 327, §4, 52 Stat. 632, as amended, which related to filing and labeling political propaganda, was transferred to section 614 of this title.

Section 233e, act June 8, 1938, ch. 327, §5, 52 Stat. 633, as amended, which related to books and records, was transferred to section 615 of this title.

Section 233f, act June 8, 1938, ch. 327, §6, 52 Stat. 633, as amended, which related to public examination of official records, was transferred to section 616 of this title.

Section 233g, act June 8, 1938, ch. 327, §§12, 13, as added Apr. 29, 1942, ch. 263, §1, 56 Stat. 258, which related to separability of provisions and effect on existing law, was transferred and set out as a note under section 611 of this title.

§§234, 235. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948

Section 234, act June 15, 1917, ch. 30, title VIII, §5, 40 Stat. 226, related to conspiracy to injure property of foreign government. See section 956 of Title 18, Crimes and Criminal Procedure.

Section 235, act June 15, 1917, ch. 30, title VIII, §4, 40 Stat. 226, related to definition of "Foreign government". See section 11 of Title 18.

§§236 to 245. Transferred

Codification

Section 236, act Jan. 31, 1922, ch. 44, §1, 42 Stat. 361, which related to prohibition against exportation of arms to American countries or countries under American jurisdiction in a state of domestic violence, was transferred to section 409 of this title and was repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862.

Section 237, act Jan. 31, 1922, ch. 44, §2, 42 Stat. 361, which related to penalties, was transferred to section 410 of this title and was repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862.

Section 238, act June 15, 1917, ch. 30, title VI, §1, 40 Stat. 223, as amended, which related to illegal exportation of war materials, was transferred to section 401 of this title.

Section 239, act June 15, 1917, ch. 30, title VI, §2, 40 Stat. 224, which related to issuance of warrant for detention of seized property, was transferred to section 402 of this title and was repealed by act Aug. 13, 1953, ch. 434, §2, 67 Stat. 577.

Section 240, act June 15, 1917, ch. 30, title VI, §3, 40 Stat. 224, which related to filing petition for restoration of seized property, was transferred to section 403 of this title and was repealed by act Aug. 13, 1953, ch. 434, §2, 67 Stat. 577.

Section 241, act June 15, 1917, ch. 30, title VI, §4, 40 Stat. 224, as amended, which related to institution of libel proceedings and sale of seized property, was transferred to section 404 of this title and was repealed by act Aug. 13, 1953, ch. 434, §2, 67 Stat. 577.

Section 242, act June 15, 1917, ch. 30, title VI, §5, 40 Stat. 224, which related to method of trial and bond for redelivery, was transferred to section 405 of this title and was repealed by act Aug. 13, 1953, ch. 434, §2, 67 Stat. 577.

Section 243, act June 15, 1917, ch. 30, title VI, §6, 40 Stat. 225, which related to interference with foreign trade, was transferred to section 406 of this title.

Section 244, act June 15, 1917, ch. 30, title VI, §7, 40 Stat. 225, which related to the President's discretion to release seized property, was transferred to section 407 of this title and was repealed by act Aug, 13, 1953, ch. 434, §2, 67 Stat. 577.

Section 245, act June 15, 1917, ch. 30, title VI, §8, 40 Stat. 225, which related to use of land and naval forces to prevent exportation, was transferred to section 408 of this title.

§§245a to 245i. Repealed. Joint Res. Nov. 4, 1939, ch. 2, §19, 54 Stat. 12

Sections 245a to 245i, Joint Res. Aug. 31, 1935, ch. 837, 49 Stat. 1081; acts Feb. 29, 1936, ch. 106, 49 Stat. 1153; May 1, 1937, ch. 146, 50 Stat. 121, constituted the Neutrality Act of 1935. See the Neutrality Act of 1939, sections 441, 444, 445, 447 to 451, and 453 to 457 of this title.

§§245j to 245j–19. Transferred

Codification

Section 245j, Joint Res. Nov. 4, 1939, ch. 2, §1, 54 Stat. 4, which related to a proclamation of a state of war between foreign states, was transferred to section 441 of this title.

Section 245j–1, Joint Res. Nov. 4, 1939, ch. 2, §2, 54 Stat. 4, which related to commerce with states engaged in armed conflict, was transferred to section 442 of this title and was repealed by Joint Res. Nov. 17, 1941, ch. 473, §1, 55 Stat. 764.

Section 245j–2, Joint Res. Nov. 4, 1939, ch. 2, §3, 54 Stat. 7, which related to combat areas, was transferred to section 443 of this title and was repealed by Joint Res. Nov. 17, 1941, ch. 473, §1, 55 Stat. 764.

Section 245j–3, Joint Res. Nov. 4, 1939, ch. 2, §4, 54 Stat. 7, as amended, which related to American Red Cross vessels, was transferred to section 444 of this title.

Section 245j–4, Joint Res. Nov. 4, 1939, ch. 2, §5, 54 Stat. 7, which related to travel on vessels of belligerent states, was transferred to section 445 of this title.

Section 245j–5, Joint Res. Nov. 4, 1939, ch. 2, §6, 54 Stat. 7, which related to the arming of American merchant vessels, was transferred to section 446 of this title and was repealed by Joint Res. Nov. 17, 1941, ch. 473, §2, 55 Stat. 764.

Section 245j–6, Joint Res. Nov. 4, 1939, ch. 2, §7, 54 Stat. 7, as amended, which related to financial transactions, was transferred to section 447 of this title.

Section 245j–7, Joint Res. Nov. 4, 1939, ch. 2, §8, 54 Stat. 8, which related to solicitation and collection of funds and contributions, was transferred to section 448 of this title.

Section 245j–8, Joint Res. Nov. 4, 1939, ch. 2, §9, 54 Stat. 8, which related to American republics, was transferred to section 449 of this title.

Section 245j–9, Joint Res. Nov. 4, 1939, ch. 2, §10, 54 Stat. 9, which related to restrictions on use of American ports, was transferred to section 450 of this title.

Section 245j–10, Joint Res. Nov. 4, 1939, ch. 2, §11, 54 Stat. 9, which related to submarines and armed merchant vessels, was transferred to section 451 of this title.

Section 245j–11, Joint Res. Nov. 4, 1939, ch. 2, §12, 54 Stat. 10, which related to National Munitions Control Board, was transferred to section 452 of this title and was repealed by act Aug. 26, 1954, ch. 937, title V, §542(a)(12), 68 Stat. 861.

Section 245j–12, Joint Res. Nov. 4, 1939, ch. 2, §13, 54 Stat. 11, which related to regulations, was transferred to section 453 of this title.

Section 245j–13, Joint Res. Nov. 4, 1939, ch. 2. §14, 54 Stat. 11, which related to unlawful use of the American flag, was transferred to section 454 of this title.

Section 245j–14, Joint Res. Nov. 4, 1939, ch. 2, §15, 54 Stat. 11, which related to penalties, was transferred to section 455 of this title.

Section 245j–15, Joint Res. Nov. 4, 1939, ch. 2, §16, 54 Stat. 12, as amended, which defined terms used in neutrality provisions, was transferred to section 456 of this title.

Section 245j–16, Joint Res. Nov. 4, 1939, ch. 2, §17, 54 Stat. 12, which related to separability of provisions, was transferred to a note set out under section 441 of this title.

Section 245j–17, Joint Res. Nov. 4, 1939, ch. 2, §18, 54 Stat. 12, which related to appropriations, was transferred to section 457 of this title.

Section 245j–18, Joint Res. Nov. 4, 1939, ch. 2, §19, 54 Stat. 12, which related to repeal of earlier Joint Resolutions, was transferred and set out as a note under section 441 of this title.

Section 245j–19, Joint Res. Nov. 4, 1939, ch. 2, §20, 54 Stat. 12, which related to short title of this resolution, was transferred and set out as a note under section 441 of this title.

§246. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948

Section, act July 8, 1918, ch. 138, 40 Stat. 821, related to wearing of foreign nation's uniform without authority. See section 703 of Title 18, Crimes and Criminal Procedure.

§247. Transferred

Codification

Section, act Sept. 22, 1922, ch. 414, 42 Stat. 1028, which related to foreign traveling salesmen, was transferred to section 503 of this title.

§248. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948

Section, act June 20, 1936, ch. 635, §§1, 2, 49 Stat. 1557, related to prohibition against commercial use of arms of Swiss Confederation. See section 708 of Title 18, Crimes and Criminal Procedure.

§§249 to 250f. Transferred

Codification

Section 249, act Aug. 9, 1939, ch. 616, §1, 53 Stat. 1290, which related to utilization of services of government agencies to promote inter-American relations, was transferred to section 501 of this title.

Section 249a, act Aug. 9, 1939, ch. 616, §2, 53 Stat. 1290, which related to creation of advisory committees, was transferred to section 502 of this title.

Section 250, act June 15, 1940, ch. 365, §1, 54 Stat. 396, which related to military and naval assistance to governments of American republics, was transferred to section 521 of this title.

Section 250a, act June 15, 1940, ch. 365, §2, 54 Stat. 396, which related to transmission of information relating to implements of war, was transferred to section 522 of this title.

Section 250b, act June 15, 1940, ch. 365, §3, 54 Stat. 397, which related to contract restrictions against disposal of implements of war, was transferred to section 523 of this title.

Section 250c, act June 15, 1940, ch. 365, §4, 54 Stat. 397, which related to information on shipments to be given chairman of National Munitions Control Board, was transferred to section 524 of this title.

Section 250d, act June 15, 1940, ch. 365, §5, 54 Stat. 397, which related to appropriations and dispositions of receipts, was transferred to section 525 of this title.

Section 250e, act June 15, 1940, ch. 365, §6, 54 Stat. 397, which related to protection of patent rights, was transferred to section 526 of this title.

Section 250f, act June 15, 1940, ch. 365, §7, 54 Stat. 397, which related to purchases of implements of war from American republics, was transferred to section 527 of this title.

CHAPTER 6—FOREIGN DIPLOMATIC AND CONSULAR OFFICERS

Sec.
251 to 254. Repealed.
254a.
Definitions.
254b.
Privileges and immunities of mission of nonparty to Vienna Convention.
254c.
Extension of more favorable or less favorable treatment than provided under Vienna Convention; authority of President.
254c–1.
Policy toward certain agents of foreign governments.
254c–2.
Repealed.
254d.
Dismissal on motion of action against individual entitled to immunity.
254e.
Liability insurance for members of mission.
255 to 255b. Repealed or Omitted.
256.
Jurisdiction of consular officers in disputes between seamen.
257.
Arrest of seamen; procedure generally.
258.
Commitment and discharge.
258a.
Enforcement of awards of foreign consuls.
259.
Repealed.

        

§251. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948

Section, R.S. §4062, related to violation of safe conduct. See sections 112 and 1545 of Title 18, Crimes and Criminal Procedure.

§§252 to 254. Repealed. Pub. L. 95–393, §3(a)(1), Sept. 30, 1978, 92 Stat. 808

Section 252, R.S. §4063, related to the immunity of any ambassador or public minister of any foreign prince or State, or any domestic or domestic servant of any such minister against arrest, imprisonment, or seizure of his goods or chattels.

Section 253, R.S. §4064, related to imprisonment for not more than three years of anyone suing out a writ or process in violation of the provisions of former section 252 of this title, granting diplomatic immunity to certain persons.

Section 254, R.S. §§4065, 4066, related to suits against persons in the service of an ambassador or public minister founded upon a debt contracted before entering such service, and registration of the names of persons serving as domestic servants of an ambassador or a public minister with the State Department.

Effective Date of Repeal

Repeal effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as an Effective Date note under section 254a of this title.

Insurance Coverage of Diplomatic Missions to United States; Reports to Speaker of House of Representatives and President of Senate

Pub. L. 95–148, title V, §510(1), (2), Oct. 31, 1977, 91 Stat. 1240, provided that it was the sense of the Congress that the Secretary of State should prepare and submit to the Speaker of the House of Representatives and to the President of the Senate: (1) not later than six months after Oct. 31, 1977, a report on the adequacy of insurance provided by the accredited diplomatic missions to the United States to cover loss or injury arising from the wrongful acts or omissions of the employees of such missions in the United States; and (2) not later than one year after Oct. 31, 1977, a report on what efforts the President and the Secretary of State had made to encourage the provision of such coverage.

§254a. Definitions

As used in this Act—

(1) the term "members of a mission" means—

(A) the head of a mission and those members of a mission who are members of the diplomatic staff or who, pursuant to law, are granted equivalent privileges and immunities,

(B) members of the administrative and technical staff of a mission, and

(C) members of the service staff of a mission,


as such terms are defined in Article 1 of the Vienna Convention;

(2) the term "family" means—

(A) the members of the family of a member of a mission described in paragraph (1)(A) who form part of his or her household if they are not nationals of the United States, and

(B) the members of the family of a member of a mission described in paragraph (1)(B) who form part of his or her household if they are not nationals or permanent residents of the United States,


within the meaning of Article 37 of the Vienna Convention;

(3) the term "mission" includes missions within the meaning of the Vienna Convention and any missions representing foreign governments, individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are enjoyed by missions under the Vienna Convention; and

(4) the term "Vienna Convention" means the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227), entered into force with respect to the United States on December 13, 1972.

(Pub. L. 95–393, §2, Sept. 30, 1978, 92 Stat. 808; Pub. L. 97–241, title II, §203(b)(1), Aug. 24, 1982, 96 Stat. 290.)

References in Text

This Act, referred to in text, means Pub. L. 95–393, Sept. 30, 1978, 92 Stat. 808, as amended, known as the Diplomatic Relations Act. For complete classification of this Act to the Code, see Short Title note below and Tables.

Amendments

1982—Par. (1)(A). Pub. L. 97–241 substituted "those members of a mission who are members of the diplomatic staff or who, pursuant to law, are granted equivalent privileges and immunities" for "members of the diplomatic staff of a mission".

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–241 effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an Effective Date note under section 4301 of this title.

Effective Date

Pub. L. 95–393, §9, Sept. 30, 1978, 92 Stat. 810, provided that: "This Act [see Short Title note below] shall take effect at the end of the ninety-day period beginning on the date of its enactment [Sept. 30, 1978]".

Short Title

Pub. L. 95–393, §1, Sept. 30, 1978, 92 Stat. 808, provided that: "This Act [enacting this section, sections 254b to 254e of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, amending sections 1251 and 1351 of Title 28, repealing sections 252 to 254 of this title, and enacting provisions set out as a note under this section] may be cited as the 'Diplomatic Relations Act'."

Strict Enforcement of Travel Protocols and Procedures of Accredited Diplomatic and Consular Personnel of the Russian Federation in the United States

Pub. L. 115–31, div. N, title V, §502, May 5, 2017, 131 Stat. 825, provided that:

"(a) Appropriate Committees of Congress Defined.—In this section, the term 'appropriate committees of Congress' means—

"(1) the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives];

"(2) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and

"(3) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.

"(b) Advance Notification Requirement.—The Secretary of State shall, in coordination with the Director of the Federal Bureau of Investigation and the Director of National Intelligence, establish a mandatory advance notification regime governing all travel by accredited diplomatic and consular personnel of the Russian Federation in the United States and take necessary action to secure full compliance by Russian personnel and address any noncompliance.

"(c) Interagency Cooperation.—The Secretary of State, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence shall develop written mechanisms to share information—

"(1) on travel by accredited diplomatic and consular personnel of the Russian Federation who are in the United States; and

"(2) on any known or suspected noncompliance by such personnel with the regime required by subsection (b).

"(d) Quarterly Reports.—Not later than 90 days after the date of the enactment of this Act [May 5, 2017], and quarterly thereafter, and consistent with the protection of intelligence sources and methods—

"(1) the Secretary of State shall submit to the appropriate committees of Congress a written report detailing the number of notifications submitted under the regime required by subsection (b); and

"(2) the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the appropriate committees of Congress a written report detailing the number of known or suspected violations of such requirements by any accredited diplomatic and consular personnel of the Russian Federation."

§254b. Privileges and immunities of mission of nonparty to Vienna Convention

With respect to a nonparty to the Vienna Convention, the mission, the members of the mission, their families, and diplomatic couriers shall enjoy the privileges and immunities specified in the Vienna Convention.

(Pub. L. 95–393, §3(b), Sept. 30, 1978, 92 Stat. 808; Pub. L. 97–241, title II, §203(b)(2), Aug. 24, 1982, 96 Stat. 291.)

Amendments

1982—Pub. L. 97–241 substituted "With respect to a nonparty to the Vienna Convention, the mission, the members of the mission, their families, and diplomatic couriers" for "Members of the mission of a sending state which has not ratified the Vienna Convention, their families, and the diplomatic couriers of such state,".

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–241 effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as a note under section 254a of this title.

§254c. Extension of more favorable or less favorable treatment than provided under Vienna Convention; authority of President

(a) In general

The President may, on the basis of reciprocity and under such terms and conditions as he may determine, specify privileges and immunities for the mission, the members of the mission, their families, and the diplomatic couriers which result in more favorable treatment or less favorable treatment than is provided under the Vienna Convention.

(b) Consular immunity

(1) In general

The Secretary of State, with the concurrence of the Attorney General, may, on the basis of reciprocity and under such terms and conditions as the Secretary may determine, specify privileges and immunities for a consular post, the members of a consular post, and their families which result in more favorable or less favorable treatment than is provided in the Vienna Convention on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), entered into force for the United States on December 24, 1969.

(2) Consultation

Before exercising the authority under paragraph (1), the Secretary of State shall consult with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate regarding the circumstances that may warrant the need for privileges and immunities providing more favorable or less favorable treatment than is provided in the Vienna Convention.

(Pub. L. 95–393, §4, Sept. 30, 1978, 92 Stat. 809; Pub. L. 97–241, title II, §203(b)(3), Aug. 24, 1982, 96 Stat. 291; Pub. L. 114–323, title V, §501, Dec. 16, 2016, 130 Stat. 1935; Pub. L. 115–94, §2(e), Dec. 18, 2017, 131 Stat. 2038.)

Amendments

2017—Subsec. (b)(2). Pub. L. 115–94 substituted "and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations" for "of the House of Representatives and the Committee on Foreign Relations".

2016—Pub. L. 114–323 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1982—Pub. L. 97–241 substituted "immunities for the mission, the members" for "immunities for members" and "diplomatic couriers which" for "diplomatic couriers of any sending state which".

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–241 effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as a note under section 254a of this title.

Ex. Ord. No. 12101. Delegation of Functions to Secretary of State Respecting Privileges and Immunities for Diplomatic Missions and Personnel

Ex. Ord. No. 12101, Nov. 17, 1978, 43 F.R. 54195, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By the authority vested in me as President of the United States of America by the Diplomatic Relations Act (Public Law 95–393, 92 Stat. 808; 22 U.S.C. 254a et seq.) and Section 301 of Title 3 of the United States Code, in order to implement the liability insurance and other requirements relating to diplomatic personnel, I hereby designate and empower the Secretary of State to perform, without the approval, ratification, or other action of the President, the functions vested or to be vested in the President by Section 4 of Diplomatic Relations Act (92 Stat. 809; 22 U.S.C. 254c).

§254c–1. Policy toward certain agents of foreign governments

(a) It is the sense of the Congress that the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national security of the United States should not exceed the respective numbers, status, privileges and immunities, travel accommodations, and facilities within such country of official representatives of the United States to such country.

(b) Omitted.

(Pub. L. 98–618, title VI, §601(a), (b), Nov. 8, 1984, 98 Stat. 3303.)

Codification

Subsec. (b) of this section, which required the President to prepare and transmit to the Committee on Foreign Relations and Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and Permanent Select Committee on Intelligence of the House of Representatives a report on the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national security of the United States and the respective numbers, status, privileges and immunities, travel, accommodations, and facilities within such country of official representatives of the United States to such country, and any action which may have been taken with respect thereto, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 33 of House Document No. 103–7.

§254c–2. Repealed. Pub. L. 103–199, title V, §501(c), Dec. 17, 1993, 107 Stat. 2325

Section, Pub. L. 100–178, title V, §501, Dec. 2, 1987, 101 Stat. 1014, related to annual report of Attorney General to congressional committees regarding admissions to United States over objections of the Federal Bureau of Investigation of Soviet nationals employed by or assigned to foreign mission or international organization in United States.

§254d. Dismissal on motion of action against individual entitled to immunity

Any action or proceeding brought against an individual who is entitled to immunity with respect to such action or proceeding under the Vienna Convention on Diplomatic Relations, under section 254b or 254c of this title, or under any other laws extending diplomatic privileges and immunities, shall be dismissed. Such immunity may be established upon motion or suggestion by or on behalf of the individual, or as otherwise permitted by law or applicable rules of procedure.

(Pub. L. 95–393, §5, Sept. 30, 1978, 92 Stat. 809.)

Effective Date

Section effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as a note under section 254a of this title.

§254e. Liability insurance for members of mission

(a) Compliance with regulations

Each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, shall comply with any requirement imposed by the regulations promulgated by the Director of the Office of Foreign Missions in the Department of State pursuant to subsection (b).

(b) Establishment by regulation of liability insurance requirements

The Director of the Office of Foreign Missions shall, by regulation, establish liability insurance requirements which can reasonably be expected to afford adequate compensation to victims and which are to be met by each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, relating to risks arising from the operation in the United States of any motor vehicle, vessel, or aircraft.

(c) Enforcement of liability insurance requirements

The Director of the Office of Foreign Missions shall take such steps as he may deem necessary to insure that each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, who operate motor vehicles, vessels, or aircraft in the United States comply with the requirements established pursuant to subsection (b).

(Pub. L. 95–393, §6, Sept. 30, 1978, 92 Stat. 809; Pub. L. 98–164, title VI, §602, Nov. 22, 1983, 97 Stat. 1042.)

Amendments

1983—Subsec. (a). Pub. L. 98–164, §602(1), substituted "Director of the Office of Foreign Missions in the Department of State" for "President".

Subsec. (b). Pub. L. 98–164, §602(2), inserted provision respecting adequate compensation to victims, and substituted reference to Director for reference to President.

Subsec. (c). Pub. L. 98–164, §602(3), substituted reference to Director for reference to President.

Effective Date

Section effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as a note under section 254a of this title.

Authority of Secretary of State

Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title.

§255. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948

Section, R.S. §4062, related to assaulting, etc., a foreign minister. See sections 112 and 1545 of Title 18, Crimes and Criminal Procedure.

§§255a, 255b. Omitted

Codification

Sections, act Feb. 15, 1938, ch. 29, §§1, 2, 52 Stat. 30, which related to protection for officers and buildings, jurisdiction of offenses and penalties, and permitted picketing, are of particular application to the District of Columbia.

§256. Jurisdiction of consular officers in disputes between seamen

Whenever it is stipulated by treaty or convention between the United States and any foreign nation that the consul general, consuls, vice consuls, or consular or commercial agents of each nation, shall have exclusive jurisdiction of controversies, difficulties, or disorders arising at sea or in the waters or ports of the other nation, between the master or officers and any of the crew, or between any of the crew themselves, of any vessel belonging to the nation represented by such consular officer, such stipulations shall be executed and enforced within the jurisdiction of the United States as declared in sections 257 and 258 of this title. But before this section shall take effect as to the vessels of any particular nation having such treaty with the United States, the President shall be satisfied that similar provisions have been made for the execution of such treaty by the other contracting party, and shall issue his proclamation to that effect, declaring this section to be in force as to such nation.

(R.S. §4079.)

Codification

R.S. §4079 derived from act June 11, 1864, ch. 116, §1, 13 Stat. 121.

§257. Arrest of seamen; procedure generally

In all cases within the purview of section 256 of this title the consul general, consul, or other consular or commercial authority of such foreign nation charged with the appropriate duty in the particular case, may make application to any court of record of the United States, or to any judge thereof, or to any United States magistrate judge, setting forth that such controversy, difficulty, or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibiting a certified copy or extract of the shipping articles, roll, or other proper paper of the vessel, to the effect that the person in question is of the crew or ship's company of such vessel; and further stating and certifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and discipline of the master and officers of the vessel or that he has refused, or is about to refuse, to submit to and obey the lawful jurisdiction of such consular or commercial authority in the premises; and further stating and certifying that, to the best of the knowledge and belief of the officer certifying, such person is not a citizen of the United States. Such application shall be in writing and duly authenticated by the consular or other sufficient official seal. Thereupon such court, judge, or magistrate judge shall issue his warrant for the arrest of the person so complained of, directed to the marshal of the United States for the appropriate district, or in his discretion to any person, being a citizen of the United States, whom he may specially depute for the purpose, requiring such person to be brought before him for examination at a certain time and place.

(R.S. §4080; May 28, 1896, ch. 252, §19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Codification

R.S. §4080 derived from act June 11, 1864, ch. 116, §2, 13 Stat. 121.

Act Mar. 2, 1901, provided in part that all acts or parts of acts applicable to commissioners of the circuit court, except as to appointment and fees, shall be applicable to United States commissioners.

Change of Name

Act May 28, 1896, abolished the circuit court and required the district court to appoint persons to be known as United States commissioners.

"United States magistrate judge" and "magistrate judge" substituted in text for "United States magistrate" and "magistrate", respectively, pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "magistrate" substituted for "commissioner" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.

§258. Commitment and discharge

If, on such examination, it is made to appear that the person so arrested is a citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this is not made to appear, and such court, judge, or magistrate judge finds, upon the papers referred to in section 257 of this title, a sufficient prima facie case that the matter concerns only the internal order and discipline of such foreign vessel, or whether in its nature civil or criminal, does not affect directly the execution of the laws of the United States, or the rights and duties of any citizen of the United States, he shall forthwith, by his warrant, commit such person to prison, where prisoners under sentence of a court of the United States may be lawfully committed, or, in his discretion, to the master or chief officer of such foreign vessel, to be subject to the lawful orders, control, and discipline of such master or chief officer, and to the jurisdiction of the consular or commercial authority of the nation to which such vessel belongs, to the exclusion of any authority or jurisdiction in the premises of the United States or any State thereof. No person shall be detained more than two months after his arrest, but at the end of that time shall be set at liberty and shall not again be arrested for the same cause. The expenses of the arrest and the detention of the person so arrested shall be paid by the consular officers making the application: Provided, That nothing in this section or section 257 of this title shall authorize the arrest or imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of foreign nations in the United States and Territories and possessions thereof, and the cooperation, aid, and protection of competent legal authorities in effecting such arrest or imprisonment.

(R.S. §4081; Mar. 4, 1915, ch. 153, §§16, 17, 38 Stat. 1184; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Codification

R.S. §4081 derived from act June 11, 1864, ch. 116, §2, 13 Stat. 121.

Change of Name

Words "magistrate judge" substituted in text for "magistrate" pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "magistrate" substituted for "commissioner" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.

§258a. Enforcement of awards of foreign consuls

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

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

Codification

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

Change of Name

"United States magistrate judges", "magistrate judge", and "magistrate judges" substituted in text for "United States magistrates", "magistrate", and "magistrates", respectively, pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "magistrate" substituted for "commissioner" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.

§259. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, act May 31, 1939, ch. 161, 53 Stat. 795, authorized Secretary of Army to sell supplies to aircraft operated by any foreign military or air attaché accredited to United States. See sections 4626, 4629, 9626, and 9629 of Title 10, Armed Forces.

 

CHAPTER 7—INTERNATIONAL BUREAUS, CONGRESSES, ETC.

Sec.
261.
Policy as to settlement of disputes and disarmament.
262.
President's participation in international congresses restricted.
262–1.
Restriction relating to United States accession to any new international criminal tribunal.
262a.
Contributions to international organizations; consent of State Department; limitations as to certain organizations.
262b.
Commitments for United States contributions to international organizations; limitations; consultation with Congressional committees.
262c.
Commitments for United States contributions to international financial institutions fostering economic development in less developed countries; continuation of participation.
262d.
Human rights and United States assistance policies with international financial institutions.
262d–1.
Congressional statement of policy of human rights and United States assistance policies with international institutions.
262e.
Comparability of salaries and benefits of employees of international financial institutions with employees of American private business and governmental service.
262f.
Promotion of development and utilization of light capital technologies and United States assistance policies with international financial institutions.
262g.
Human nutrition in developing countries and United States assistance policies with international financial institutions; declaration of policy.
262g–1.
Targeting assistance to specific populations.
262g–2.
Establishment of guidelines for international financial institutions.
262g–3.
International negotiations on future replenishments of international financial institutions; consultation with appropriate Members of Congress.
262h.
Opposition by United States Executive Directors of international financial institutions to assistance for production or extraction of export commodities or minerals in surplus on world markets.
262i.
Repealed.
262j.
Use of renewable resources for energy production.
262k.
Financial assistance to international financial institutions; considerations and criteria.
262k–1.
Transparency of budgets.
262k–2.
Female genital mutilation.
262l.
Environmental reform measures and remedial measures; Committee on Health and the Environment.
262l–1.
Sustainable economic growth and management of natural resources; environmental impact of loans; pest management; addition of trained professionals; "early warning system".
262l–2.
Sustainable use of natural resources; use of agricultural and industrial chemicals.
262l–3.
Environmental and energy initiatives; benchmarks; Global Warming Initiative; appropriations.
262m.
Congressional findings and policies for multilateral development banks respecting environment, public health, natural resources, and indigenous peoples.
262m–1.
Environmental performance of banks; mechanisms for improvement.
262m–2.
Environmental impact of assistance proposals.
262m–3.
Cooperative information exchange system.
262m–4.
Environmental educational and training programs for mid-level bank managers and officials of borrowing countries.
262m–5.
Environmental impact statements; factors considered; promotion of activities by United States Executive Directors.
262m–6.
Repealed.
262m–7.
Assessment of environmental impact of proposed multilateral development bank actions.
262m–8.
Climate change mitigation and greenhouse gas accounting.
262n.
Congressional findings and policies respecting agricultural and commodity production.
262n–1.
Increase in income and employment in developing countries; enhancement of purchasing power; diversification away from single crop or product economies.
262n–2.
Financing projects for production of export commodities, products, or minerals in surplus in world markets discouraged; instructions by Secretary of the Treasury to United States Executive Directors.
262n–3.
Reduction of barriers to agricultural trade.
262o.
Negotiations concerning replenishment or increase in capital; annual reports on implementation of lending policy goals.
262o–1.
Military spending by recipient countries; military involvement in economies of recipient countries.
262o–2.
Advocacy of policies to enhance general effectiveness of International Monetary Fund.
262o–3.
Administrative provisions.
262o–4.
Promotion of policy goals.
262p.
Impact adjustment lending programs.
262p–1.
Grassroots Collaboration Program.
262p–2.
Instructions to United States Executive Directors for extension of credit.
262p–3.
Participation of women in economic, social and policy development activities.
262p–4.
Instructions to United States Executive Directors; indigenous people in borrowing country; determination of impact; protection of rights; consultation.
262p–4a.
Loan programs to reduce economic dependence on illicit narcotics.
262p–4b.
Directives regarding government-owned enterprises in countries receiving World Bank loans.
262p–4c.
Initiation of discussions to facilitate debt-for-development swaps for human welfare and environmental conservation.
262p–4d.
Initiation of discussions to facilitate financing of human welfare and natural resource programs in sub-Saharan Africa in connection with debt reduction and conversion.
262p–4e.
Extent to which borrowing country governments have honored debt-for-development swap agreements to be considered as factor in making loans to such borrowers.
262p–4f.
Assistance to countries to develop statistical assessment of well-being of poor.
262p–4g.
Directives regarding government-owned enterprises in countries receiving IADB loans.
262p–4h.
Discussions to increase productive economic participation of poor; reports.
262p–4i.
Multilateral development banks and debt-for-nature exchanges.
262p–4j.
Promotion of lending for environment.
262p–4k.
Promotion of institution-building for nongovernmental organizations concerned with environment.
262p–4l.
Improvement of interaction between International Bank for Reconstruction and Development and nongovernmental organizations.
262p–4m.
Population, health, and nutrition programs.
262p–4n.
Equal employment opportunities.
262p–4o.
Respect for indigenous peoples.
262p–4p.
Encouragement of fair labor practices.
262p–4q.
Opposition to assistance by international financial institutions to terrorist states.
262p–4r.
Use of authority of United States Executive Directors.
262p–5.
Definitions.
262p–6.
Improvement of the Heavily Indebted Poor Countries Initiative.
262p–7.
Reform of the Enhanced Structural Adjustment Facility.
262p–8.
Modification of the Enhanced HIPC Initiative.
262p–9.
Reform of the "Doing Business" Report of the World Bank.
262p–10.
Enhancing the transparency and effectiveness of the Inspection Panel process of the World Bank.
262p–11.
Opposition to loans or funds for countries that support terrorism.
262p–12.
Cancellation of Haiti's debts to international financial institutions.
262q.
Transferred.
262r.
Annual report by Chairman of National Advisory Council on International Monetary and Financial Policies.
262r–1.
Transmission to the Congress of operating summaries of the multilateral development banks.
262r–2.
Combined report on effect of pending multilateral development bank loans on environment, natural resources, public health, and indigenous peoples.
262r–3.
Reports on financial stabilization programs led by International Monetary Fund in connection with financing from Exchange Stabilization Fund.
262r–4.
Annual report and testimony on state of international financial system, IMF reform, and compliance with IMF agreements.
262r–5.
Repealed.
262r–6.
Reports on policies, operations, and management of international financial institutions.
262s.
Multilateral development bank procurement.
262s–1.
Procurement opportunities for United States firms.
262s–2.
Commercial Service Officers and multilateral development bank procurement.
262t.
Personnel practices.
263.
International Prison Commission.
263a.
International Criminal Police Organization.
264, 265.
Omitted.
266.
International commission of congresses of navigation; authorization of appropriation for expenses.
266a, 266b. Transferred or Repealed.
267.
Permanent Commission of International Geodetic Association; representative of United States.
267a.
Appointment of delegates; compensation.
267b.
International Joint Commission; invitation to establish; personnel; duties.
268.
International Joint Commission; salaries; powers.
268a.
Repealed.
268b.
Advances from appropriation "Boundary line, Alaska and Canada, and the United States and Canada".
268c.
Limitation on expenditure of funds for compensation of International Boundary Commissioner to actual hours worked.
269.
Permanent International Association of Road Congresses; authorization of membership.
269a.
Central Bureau of the International Map of the World on the Millionth Scale; authorization of appropriations.
269b.
Omitted.
269c.
International Statistical Bureau at The Hague; authorization of appropriations.
269d.
Inter American Statistical Institute; authorization of appropriations.
269e.
Omitted.
269f.
International Bureau for the Protection of Industrial Property; authorization of appropriations.
269g.
Private International Law Conference at The Hague and Private Law International Institute in Rome; membership; appointment of delegates.
269g–1.
Authorization of appropriations.
269h.
International Union for the Publication of Customs Tariffs; authorization of annual appropriations for expenses.
270 to 270g. Repealed.
271.
International Labor Organization; membership.
272.
Omitted.
272a.
Authorization of appropriations.
272b.
Loyalty check on United States personnel.
273.
Pan American Institute of Geography and History; authorization of annual appropriations for membership.
274.
International Council of Scientific Unions and Associated Unions; authorization of annual appropriations for membership.
274a.
International biological program.
274b.
Cooperation of Federal and non-Federal departments, agencies, and organizations; transfers of funds.
275.
International Hydrographic Bureau.
275a.
Permanent International Commission of the Congresses of Navigation; authorization of appropriations.
276 to 276b. Repealed.
276c.
Designation of Senate delegates to Conferences of the Interparliamentary Union.
276c–1.
Reports of expenditures by members of American groups or delegations and employees; consolidated reports by congressional committees; public inspection.
276c–2.
Employee benefits for United States citizen-representatives to international financial institutions; Treasury Department as collecting, accounting, and depositing agency for employee payments; contributions from appropriated funds.
276c–3.
Repealed.
276c–4.
Employment of United States citizens by certain international organizations.

        

SUBCHAPTER I—CANADA-UNITED STATES INTERPARLIAMENTARY GROUP

276d.
United States group; appointment; term; meetings.
276e.
Authorization of appropriations; disbursements.
276f.
Report to Congress.
276g.
Auditing of accounts.

        

SUBCHAPTER II—MEXICO-UNITED STATES INTERPARLIAMENTARY GROUP

276h.
United States group; appointment; term; meetings.
276i.
Authorization of appropriations; disbursements.
276j.
Report to Congress.
276k.
Auditing of accounts.

        

SUBCHAPTER II–A—BRITISH-AMERICAN INTERPARLIAMENTARY GROUP

276l.
British-American Interparliamentary Group.

        

SUBCHAPTER II–B—UNITED STATES DELEGATION TO PARLIAMENTARY ASSEMBLY OF CONFERENCE ON SECURITY AND COOPERATION IN EUROPE (CSCE)

276m.
United States Delegation to Parliamentary Assembly of Conference on Security and Cooperation in Europe (CSCE).

        

SUBCHAPTER II–C—UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP

276n.
United States Senate-China Interparliamentary Group.

        

SUBCHAPTER II–D—UNITED STATES SENATE-RUSSIA INTERPARLIAMENTARY GROUP

276o.
United States Senate-Russia Interparliamentary Group.

        

SUBCHAPTER II–E—UNITED STATES SENATE-JAPAN INTERPARLIAMENTARY GROUP

276p.
United States Senate-Japan Interparliamentary Group.

        

SUBCHAPTER III—KERMIT ROOSEVELT FUND

276aa.
Establishment of the Kermit Roosevelt fund; creation and composition of board of trustees.
276bb.
Acceptance of funds and property from Mrs. Kermit Roosevelt; purpose and use; disbursement and investment of fund.
276cc.
Acceptance of funds and property from other sources; limitation; disbursement and investment.
276dd.
Income from property covered into Treasury; disbursement and investment.
276ee.
Powers of board; personal liability of members; compensation; decisions reviewable by Secretary of the Army; annual report; jurisdiction of court.

        

SUBCHAPTER IV—INTERNATIONAL BOUNDARY AND WATER COMMISSION

277.
International Boundary Commission, United States and Mexico; study of boundary waters.
277a.
Investigations of commission; construction of works or projects.
277b.
Works or projects under treaty.
277c.
Agreements with political subdivisions; acquisition of lands.
277d.
Funds received from Mexico; expenditure.
277d–1.
Authorizations for Mexican treaty projects; acquisition of lands for relocation purposes; contracts and conveyances.
277d–2.
Construction and maintenance of roads, highways, etc.; housing and other facilities for personnel.
277d–3.
Authorization for appropriations; activities for which available; contracts for excess amounts.
277d–4.
Acquisition of properties of Imperial Irrigation District of California.
277d–5.
Availability of prior appropriations; restriction to projects agreed to under treaty.
277d–6.
Douglas-Agua Prieta Sanitation Project; operation by Commission; division of costs; contribution by City of Douglas, Arizona.
277d–7.
Authorization for appropriations; availability of prior appropriations; use of moneys received.
277d–8.
Calexico Mexicali Sanitation Project; operation by Commission; division of costs; contribution by City of Calexico, California.
277d–9.
Authorization for appropriations; availability of prior appropriations; use of moneys received.
277d–10.
Nogales Sanitation Project; operation by Commission; division of costs; contribution by Nogales, Arizona.
277d–11.
Authorization of appropriations; availability of prior appropriations; use of moneys received.
277d–12.
Expenditures for flood fighting, rescue operations, repairs or restoration of flood control or sanitation works threatened or destroyed by floodwaters of Rio Grande, Colorado, or Tijuana Rivers.
277d–13.
Authorization for international storage dam on the Rio Grande.
277d–14.
Construction, operation, and maintenance on self-liquidating basis of facilities for generating hydroelectric energy.
277d–15.
Integration of operation of dam with other United States water conservation activities.
277d–16.
Authorization of appropriations.
277d–17.
Chamizal boundary settlement; investigations relating to river channel; acquisition of lands; relocation of facilities.
277d–18.
Construction, operation, and maintenance of works; Bridge of the Americas.
277d–19.
Compensation of owners and tenants to prevent economic injury; regulations.
277d–20.
Limitation on application for reimbursement or compensation.
277d–21.
Attorneys' fees; penalties.
277d–22.
Prohibition against duplicate payments; eligibility for payments unaffected by means employed for acquisition of property; rights and powers unaffected.
277d–23.
Taxation; exclusion from gross income.
277d–24.
Definitions; exemption from administrative procedure provisions.
277d–25.
Authorization of appropriations.
277d–26.
Lower Colorado River emergency flood control works; agreements with Mexico for joint construction, operation and maintenance.
277d–27.
Execution of agreements.
277d–28.
Authorization of appropriations.
277d–29.
Rio Grande canalization project; flood and sediment control; agreements authorized; control gates; costs; authorization of appropriations.
277d–30.
Lower Rio Grande drainage conveyance canal projects; agreements with Mexico for construction, operation, and maintenance; division of costs; non-Federal assurances of one-half of Federal costs.
277d–31.
Authorization of appropriations.
277d–32.
Tijuana River flood control project; agreement with Mexico for joint construction, operation and maintenance.
277d–33.
Authorization; construction, operation, and maintenance, appropriations, and acquisition of land.
277d–34.
American-Mexican Boundary Treaty, authorization for carrying out treaty provisions; investigations; land acquisition, purposes; damages, repair or compensation.
277d–35.
Construction, operation, and maintenance of works; property relocation, contracts; transfer of authority.
277d–36.
Sale of excess land.
277d–37.
Channel shifts; boundary determination.
277d–38.
Acquired land, addition to State; State jurisdiction.
277d–39.
Hidalgo-Reynosa lands; administration; part of national wildlife refuge system.
277d–40.
Authorization of appropriations.
277d–41.
American-Mexican Boundary Treaty, Presidio flood control project; authorization of flood control agreement.
277d–42.
Construction, operation, and maintenance of flood control works; authorization of appropriations; restrictions.
277d–43.
Definitions.
277d–44.
Actions to be taken by the Commission and the Administrator.
277d–45.
New Treaty Minute.
277d–46.
Authorization of appropriations.
277e.
Disposal of lands; issuance of licenses for use of lands; compensation for injured property.
277f.
Valley Gravity Canal and Storage Project.
277g.
Agreements to correct pollution of Rio Grande.
277g–1.
Authority of Secretary of State to plan, construct, operate, and maintain facilities.
277g–2.
Consultation with Administrator of Environmental Protection Agency and other authorities.
277g–3.
Authorization of appropriations.
277h.
Authority of the International Boundary and Water Commission to assist State and local governments.
277i.
Report on water sharing.

        

SUBCHAPTER V—GORGAS MEMORIAL LABORATORY

278.
Gorgas Memorial Laboratory; location; acceptance of funds from Latin American countries or other sources.
278a.
Annual report to Congress; examination of books and accounts.
278b.
Repealed.

        

SUBCHAPTER VI—UNITED NATIONS FOOD AND AGRICULTURE ORGANIZATION

279.
United States membership in the United Nations Food and Agriculture Organization.
279a.
Authorization of appropriations for payment of United States expenses in Organization; limitation of contributions.
279b.
Integration of International Institute of Agriculture with Organization.
279c.
Congressional authority necessary for acceptance of new obligations in Organization.
279d.
Limitation on power of Conference to impose new obligations on United States.

        

SUBCHAPTER VII—SOUTH PACIFIC COMMISSION

280.
Representation in South Pacific Commission; appointment of commissioners and alternates.
280a.
Definitions.
280b.
Authorization of appropriations.
280c.
Employment of personnel with specialized skills.

        

SUBCHAPTER VIII—CARIBBEAN COMMISSION

280h.
Representation in Caribbean Commission; appointment of commissioners and alternates.
280i.
Authorization of appropriations.

        

SUBCHAPTER IX—PAN AMERICAN RAILWAY CONGRESS

280j.
Representation in Congress; appointment of delegates and alternates.
280k.
Authorization of appropriations.

        

SUBCHAPTER X—THE INSTITUTE OF INTER-AMERICAN AFFAIRS

281 to 281l. Omitted or Repealed.

        

SUBCHAPTER XI—INTERNATIONAL FINANCE CORPORATION

282.
Acceptance of membership by United States in International Finance Corporation.
282a.
Governor, executive director, and alternates of Corporation.
282b.
Applicability of National Advisory Council on International Monetary and Financial Problems.
282c.
Congressional authorization needed for certain actions.
282d.
Federal Reserve banks as depositories.
282e.
Payment of subscriptions to Corporation by United States; dividends covered into Treasury.
282f.
Jurisdiction and venue of actions.
282g.
Status, privileges, and immunities of the United States.
282h.
Loans to or from International Bank for Reconstruction and Development; amendment to Articles of Agreement.
282i.
Increase in capital stock of Corporation; subscription to additional shares.
282j.
Increase in capital stock of Corporation; subscription to additional shares.
282k.
Securities issued by Corporation.
282l.
Capital stock increase.
282m.
Authority to vote for capital increases necessary to support economic restructuring in independent states of former Soviet Union.
282n.
Authority to agree to amendments to Articles of Agreement.
282o.
Selective capital increase and amendment of the Articles of Agreement.

        

SUBCHAPTER XII—INTER-AMERICAN DEVELOPMENT BANK

283.
Acceptance of membership by United States in Inter-American Development Bank.
283a.
Appointment of officers; term of office; salary.
283b.
National Advisory Council on International Monetary and Financial Problems.
283c.
Congressional authorization needed for certain actions.
283d.
Federal Reserve banks as depositories.
283e.
Payment of subscription to Bank and Fund by United States.
283f.
Jurisdiction and venue of actions.
283g.
Status, privileges, and immunities of the United States.
283h.
Securities issued by Bank; reports to and of Securities and Exchange Commission.
283i.
Repealed.
283j.
Increased United States participation in Bank activities.
283j–1.
Audit.
283k.
Authorization of appropriations.
283l.
Increase in resources of the Fund for Special Operations.
283m.
Additional increases in resources of the Fund for Special Operations.
283n.
Increase in authorized capital stock; United States share; authorization of appropriations.
283o.
Increase in authorized capital stock and additional subscriptions of members thereto; increase in resources of Fund for Special Operations and contributions thereto; United States share; authorization of appropriations.
283p.
Authorization for payment of United States contribution to increase Fund for Special Operations; authorization of appropriations.
283q.
Articles of agreement; authorization to agree to amendments.
283r.
Expropriation of United States property; loan restrictions.
283s.
Illegal drug traffic; loan restrictions.
283t.
Authorization to vote on proposed resolutions.
283u.
Membership in the Bank for the Bahamas and Guyana.
283v.
Loans to the Caribbean Development Bank.
283w.
Increase in authorized capital stock of Bank and increase in resources of Fund for Special Operations; United States share; authorization of appropriations.
283x.
Subscription to additional shares; authorization of appropriations.
283y.
Repealed.
283z.
Proposal of light-capital or intermediate technologies as part of Bank's development strategy.
283z–1.
Increase in authorized capital stock of Bank and increase in resources of Fund for Special Operations.
283z–2.
Contribution to Inter-American Development Bank; authorization of appropriations.
283z–3.
Increase in authorized capital stock of Bank and increases in resources of Fund for Special Operations; United States share; authorization of appropriations.
283z–4.
Amendments to Articles of Agreement in resolution on Merger of Interregional and Ordinary Capital Resources.
283z–5.
Capital increase; increase in resources of Fund for Special Operations.
283z–6.
Investment in human capital.
283z–7.
Limitations on policy based lending.
283z–8.
Increase in lending to Caribbean.
283z–9.
Multilateral Investment Fund.
283z–10.
Focus on low-income areas of Latin America and Caribbean.
283z–11.
First replenishment of the resources of the Enterprise for the Americas Multilateral Investment Fund.
283z–12.
Authority to vote for and contribute to an increase in resources of the Fund for Special Operations; providing debt relief to Haiti.
283z–13.
Ninth Capital Increase.

        

SUBCHAPTER XII–A—INTER-AMERICAN INVESTMENT CORPORATION

283aa.
Acceptance of membership.
283bb.
Governor, Director, and alternates.
283cc.
Applicability of Bretton Woods Agreements Act.
283dd.
Restrictions.
283ee.
Federal Reserve banks as depositories.
283ff.
Subscription of stock.
283gg.
Jurisdiction of United States courts.
283hh.
Effectiveness of agreement.
283ii.
Securities issued by the Corporation.

        

SUBCHAPTER XIII—INTERNATIONAL DEVELOPMENT ASSOCIATION

284.
Acceptance of membership by United States in International Development Association.
284a.
Governor, executive director, and alternates of Association.
284b.
National Advisory Council on International Monetary and Financial Problems.
284c.
Congressional authorization needed for certain actions.
284d.
Federal Reserve banks as depositories.
284e.
Payment of subscription to Association by United States.
284f.
Jurisdiction and venue of actions.
284g.
Status, privileges, and immunities of the United States.
284h.
Second replenishment; authorization of appropriations.
284i.
Third replenishment; authorization of appropriations.
284j.
Expropriation of United States property; loan restrictions.
284k.
Illegal drug traffic; loan restrictions.
284l.
Fourth replenishment; authorization of appropriations.
284m.
Repealed.
284n.
Fifth replenishment; authorization of appropriations.
284o.
Sixth replenishment; authorization of appropriations.
284p.
Seventh replenishment; authorization of appropriations.
284q.
Special Facility for Sub-Saharan Africa.
284r.
Eighth replenishment; authorization of appropriations.
284s.
Ninth replenishment.
284t.
Thirteenth replenishment.
284u.
Fourteenth replenishment.
284v.
Fifteenth replenishment.
284w.
Multilateral debt relief.
284x.
Sixteenth replenishment.
284y.
Multilateral debt relief.
284z.
Seventeenth replenishment.
284aa.
Multilateral debt relief.
284bb.
Eighteenth replenishment.

        

SUBCHAPTER XIV—ASIAN DEVELOPMENT BANK

285.
Acceptance of membership by United States in Asian Development Bank.
285a.
Appointment of Governor, Alternate Governor and Director; compensation.
285b.
Coordination of policies and operations.
285c.
Congressional authorization needed for certain actions.
285d.
Federal Reserve banks as depositories.
285e.
Authorization of appropriations; income covered into Treasury.
285f.
Jurisdiction and venue of actions.
285g.
Status, immunities, and privileges.
285h.
Securities issued by Bank as exempt securities; suspension of exemption provisions; reports to and of Securities and Exchange Commission.
285i.
Authorization for payment of United States contribution; United States Special Resources.
285j.
United States Special Resources.
285k.
Utilization of United States Special Resources.
285l.
Letter of credit form for United States Special Resources.
285m.
Withdrawal rights covering United States Special Resources.
285n.
Authorization of appropriations to provide United States Special Resources.
285o.
Expropriation of United States property; loan restrictions.
285p.
Illegal drug traffic; loan restrictions.
285q.
Subscription to additional shares; authorization of appropriations.
285r.
Contribution to special funds; authorization of appropriations.
285s.
Additional subscription to shares; authorization of appropriations.
285t.
Additional contribution to special funds; authorization of appropriations.
285u.
Additional contribution to special funds.
285v.
Sense of Congress respecting membership of Taiwan in Bank.
285w.
Contribution to Asian Development Fund; authorization of appropriations.
285x.
Additional subscription to shares.
285y.
Additional contribution to special funds; authorization of appropriations.
285z.
Additional contribution to special funds; authorization of appropriations.
285aa.
Capital increase.
285bb.
Additional contribution to special funds.
285cc.
Eighth replenishment.
285dd.
Ninth replenishment.
285ee.
Fifth capital increase.
285ff.
Tenth replenishment.
285gg.
Eleventh replenishment.

        

SUBCHAPTER XV—INTERNATIONAL MONETARY FUND AND BANK FOR RECONSTRUCTION AND DEVELOPMENT

286.
Acceptance of membership by United States in International Monetary Fund.
286a.
Appointments.
286b.
National Advisory Council on International Monetary and Financial Problems.
286b–1, 286b–2. Repealed.
286c.
Congressional authorization needed for certain actions.
286d.
Federal Reserve banks as depositories.
286e.
Payment of subscriptions to Fund and Bank by United States; issuance of special notes; income covered into Treasury.
286e–1.
Increase in quota of United States and in capital stock of Bank; subscription to additional shares.
286e–1a.
Increase in capital stock of Bank.
286e–1b.
Increase in quota of United States; authorization of appropriations.
286e–1c.
Additional increase in quota of United States.
286e–1d.
Increase in capital stock of Bank; subscription to additional shares; authorization of appropriations.
286e–1e.
Equivalent increase in quota of United States.
286e–1f.
Additional increase in capital stock of Bank; subscription to additional shares; authorization of appropriations.
286e–1g.
Additional increase in quota of United States; condition.
286e–1h.
Increase of subscription of stock; authority of United States Governor of Bank; authorization of appropriations.
286e–1i.
Increase in United States quota; consultations with Congress.
286e–1j.
Additional increase in capital stock of Bank; subscription to additional shares; authorization of appropriations.
286e–1k.
Capital stock increase.
286e–1l.
Quota increase to 8,608,500,000 Special Drawing Rights.
286e–1m.
Quota increase to 10,622,500,000 Special Drawing Rights.
286e–2.
Loans to Fund.
286e–3.
Transfers to stabilization fund of purchase of currencies or gold from International Monetary Fund; administration; utilization of fund resources for repayments.
286e–4.
Loans to International Finance Corporation; amendment to Articles of Agreement.
286e–5.
Amendments to Articles of Agreement.
286e–5a.
Additional amendments to Articles of Agreement.
286e–5b.
Acceptance of amendments to Articles of Agreement of the Fund approved on June 28, 1990.
286e–6.
Vote against establishment of Council.
286e–7.
Supplementary Financing Facility.
286e–8.
Treatment of creditors in debt rescheduling.
286e–9.
Stabilization programs.
286e–10.
Repealed.
286e–11.
Assistance by the Fund to any country harboring international terrorists.
286e–12.
Contribution to Interest Subsidy Account of Enhanced Structural Adjustment Facility of International Monetary Fund.
286e–13.
Approval of Fund pledge to sell gold to provide resources for Reserve Account of Enhanced Structural Adjustment Facility Trust.
286f.
Obtaining and furnishing information to the Fund.
286g.
Jurisdiction and venue of actions.
286h.
Status, privileges, and immunities of the United States.
286i.
Stabilization loans by Bank; amendment to Articles of Agreement.
286j.
Use of Fund resources.
286k.
Further promotion of international economic relations.
286k–1.
Securities issued by Bank as exempt securities; reports filed with Security and Exchange Commission.
286k–2.
Suspension of right of International Bank to issue securities under section 286k–1; report of Securities and Exchange Commission.
286l.
British loan; authorization to Secretary of the Treasury to carry out agreement.
286m.
Amount of loan; public-debt transaction; disposition of interest payments.
286n.
Special Drawing Rights.
286o.
Administration as part of the Exchange Stabilization Fund.
286p.
Issuance, purpose, and redemption of Special Drawing Rights certificates.
286q.
Limitation on allocations to the United States.
286r.
United States participation in special drawing account.
286s.
Consideration of basic human needs in economic adjustment programs supported by Fund.
286t.
Omitted.
286u.
Dollar-Special Drawing Rights substitution account.
286v.
Membership for Taiwan in Fund.
286w.
Denial of membership or other status in Fund for Palestine Liberation Organization; United States participation in Fund if membership or other status granted; report by President to Congress.
286x.
Assistance to private sector of El Salvador, Nicaragua, and other nations.
286y.
Promoting conditions for exchange rate stability.
286z.
Collection and exchange of information on monetary and financial problems.
286aa.
Instructions to United States Executive Director; Communist dictatorships.
286bb.
Elimination of predatory agricultural export subsidies.
286cc.
Sustaining economic growth.
286dd.
Fund bailouts of banks; rescheduling of debt.
286ee.
International cooperation.
286ff.
Fund interest rates.
286gg.
Elimination of trade restrictions.
286hh.
Policy based lending for debt reduction.
286ii.
Limitations on Bank policy based lending; actions required to be taken to oppose excessive policy based lending by Bank.
286jj.
Partial guarantees in connection with debt reduction for borrower countries.
286kk.
Discussions to enhance capacity of Fund to alleviate potentially adverse impacts of Fund programs on poor and environment.
286ll.
Fund policy changes.
286mm.
Measures to reduce military spending by developing nations.
286nn.
Approval of contributions for debt reductions for the poorest countries.
286oo.
Principles for International Monetary Fund lending.
286pp.
Acceptance of amendments to Articles of Agreement of Fund approved on April 28 and May 5, 2008.
286qq.
Quota increase to 4,973,100,000 Special Drawing Rights.
286rr.
Approval to sell a limited amount of the Fund's gold.
286ss.
Acceptance of amendment to Articles of Agreement of Fund approved on October 22, 1997.
286tt.
Restrictions on use of United States funds for foreign governments; protection of American taxpayers.
286uu.
Acceptance of an amendment to the Articles of Agreement of the Bank to increase basic votes.
286vv.
Capital stock increases.
286ww.
Acceptance of amendments to Articles of Agreement of Fund.
286xx.
Quota increase.

        

SUBCHAPTER XVI—UNITED NATIONS ORGANIZATION

287.
Representation in Organization.
287a.
Action by representatives in accordance with Presidential instructions; voting.
287b.
Reports to Congress by President.
287b–1.
Additional report on other United States contributions to the United Nations.
287c.
Economic and communication sanctions pursuant to United Nations Security Council Resolution.
287d.
Use of armed forces; limitations.
287d–1.
Noncombatant assistance to United Nations.
287e.
Authorization of appropriations; payment of expenses.
287e–1.
Housing supplement for certain employees assigned to the United States Mission to the United Nations.
287e–2.
Reimbursement for goods and services provided by the United States to the United Nations.
287e–3.
Limitation on the United States share of assessments for United Nations regular budget.
287f.
Omitted.
287g.
Authorization of appropriations for loan to United Nations; restrictions on use of proceeds of loan.
287h.
Limitation on loan.
287i.
Deduction of principal and interest from annual payment of assessed share of United States of budget.
287j.
Participation in future United Nations borrowing; promotion of pattern of financing to avoid future large-scale deficits; report to Congress.
287k.
Congressional expression of satisfaction that expenditures relating to operations in Middle East and in the Congo are "expenses of the Organization".
287l.
Congressional declaration that United Nations take steps to give effect to advisory opinion of International Court of Justice on financial obligations of members.

        

SUBCHAPTER XVII—UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND CULTURAL ORGANIZATION

287m.
Acceptance of membership by the United States.
287n.
Representatives in General Conference; number; citizenship; compensation.
287o.
National Commission on Educational, Scientific, and Cultural Cooperation; membership; meetings; expenses.
287p.
Citizenship of members.
287q.
General and special conferences; expenses; acceptance of services and gifts or bequests of money or materials.
287r.
Authorization of appropriations; payment of expenses.
287s.
Amendments to constitution of Organization involving new obligations.
287t.
Prohibition against disclosure of information or knowledge.

        

SUBCHAPTER XVIII—PRIVILEGES AND IMMUNITIES OF INTERNATIONAL ORGANIZATIONS

288.
"International organization" defined; authority of President.
288a.
Privileges, exemptions, and immunities of international organizations.
288b.
Baggage and effects of officers and employees exempted from customs duties and internal revenue taxes.
288c.
Exemption from property taxes.
288d.
Privileges, exemptions, and immunities of officers, employees, and their families; waiver.
288e.
Personnel entitled to benefits.
288f.
Applicability of reciprocity laws.
288f–1.
European Space Agency and Organization of Eastern Caribbean States; extension of privileges, exemptions, and immunities to members.
288f–2.
African Union; extension of privileges, exemptions, and immunities.
288f–3.
Immunities for International Committee of the Red Cross.
288f–4.
International Union for Conservation of Nature and Natural Resources; extension of privileges, exemptions, and immunities.
288f–5.
European Central Bank; extension of privileges, exemptions, and immunities.
288f–6.
Global Fund to Fight AIDS, Tuberculosis and Malaria; extension of privileges, exemptions, and immunities.
288f–7.
Office of the High Representative in Bosnia and Herzegovina and the International Civilian Office in Kosovo; extension of privileges, exemptions, and immunities.
288g.
Organization of American States; extension of privileges and immunities to members.
288h.
Commission of European Communities; extension of privileges and immunities to members.
288i.
Liaison Office of the People's Republic of China; extension of privileges and immunities to members.
288j.
International Development Law Institute.
288k.
Extension of certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices.
288l.
The Holy See.

        

SUBCHAPTER XIX—INTERNATIONAL REFUGEE ORGANIZATION

289.
Acceptance of membership by the United States; conditions.
289a.
Designation of representative and alternates; compensation.
289b.
Authorization of appropriations; payment of salaries and expenses.
289c.
Transfer of funds; furnishing supplies and services; accounting for reimbursements.
289d.
Omitted.

        

SUBCHAPTER XX—WORLD HEALTH ORGANIZATION

290.
Acceptance of membership by the United States.
290a.
Designation of representatives and alternates; compensation; loyalty checkup.
290b.
Authorization of appropriations; payment of salaries and expenses.
290c.
Withdrawal from Organization on one-year notice.
290d.
Enactment of specific legislation by Congress.
290e.
Congressional declaration of policy.
290e–1.
International Agency for Research on Cancer; authorization of appropriations; limitation.

        

SUBCHAPTER XXI—INTER-AMERICAN FOUNDATION

290f.
Inter-American Foundation.

        

SUBCHAPTER XXII—AFRICAN DEVELOPMENT FUND

290g.
African Development Fund; United States participation.
290g–1.
Appointment of Governor and Alternate Governor; rank, duties, and compensation.
290g–2.
Law governing reports to the President and the Congress.
290g–3.
Specific actions requiring Congressional authorization.
290g–4.
Authorization of appropriations; repayments and distributions from Fund to Treasury.
290g–5.
Federal Reserve banks as depository for the Fund; supervision.
290g–6.
Civil action by or against the Fund; service of process, venue, jurisdiction, removal of actions.
290g–7.
Force and effect of agreement; deposit of documents by the President; reservation of right to tax salaries and emoluments paid by the Fund to United States citizens or nationals.
290g–8.
Presidential instructions to United States Governor of the Fund to veto any use of funds to benefit a country pursuing a detrimental economic policy against United States interests; exceptions.
290g–9.
Repealed.
290g–10.
Additional authorization for contribution to African Development Fund.
290g–11.
Additional authorization for payment of United States contribution.
290g–12.
Additional authorization for payment of United States contribution.
290g–13.
Additional authorization for payment of United States contribution.
290g–14.
Additional authorization for payment of United States contribution.
290g–15.
Sixth replenishment.
290g–16.
Ninth replenishment.
290g–17.
Tenth replenishment.
290g–18.
Eleventh replenishment.
290g–19.
Multilateral Debt Relief Initiative.
290g–20.
Twelfth replenishment.
290g–21.
Multilateral debt relief.
290g–22.
Thirteenth replenishment.
290g–23.
Multilateral debt relief.
290g–24.
Fourteenth replenishment.

        

SUBCHAPTER XXIII—UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

290h.
Congressional findings.
290h–1.
United States African Development Foundation.
290h–2.
Congressional declaration of purposes.
290h–3.
Functions of Foundation.
290h–4.
Powers of Foundation.
290h–5.
Management of Foundation.
290h–6.
Government corporation control provisions applicable.
290h–7.
Limitation on spending authority.
290h–8.
Authorization of appropriations.
290h–9.
Repealed.

        

SUBCHAPTER XXIV—AFRICAN DEVELOPMENT BANK

290i.
Acceptance of membership.
290i–1.
Governor and Alternate Governor.
290i–2.
Director or Alternate Director; allowances.
290i–3.
Applicability of Bretton Woods Agreements Act.
290i–4.
Restrictions.
290i–5.
Federal Reserve banks as depositories.
290i–6.
Subscription to stock.
290i–7.
Jurisdiction of United States courts.
290i–8.
Force and effect of agreement.
290i–9.
Securities issued by Bank; Securities and Exchange Commission oversight.
290i–10.
Authorization of United States subscription to stock; authorization of appropriations.
290i–11.
Sixth capital increase.

        

SUBCHAPTER XXV—UNITED STATES–INDIA FUND FOR CULTURAL, EDUCATIONAL, AND SCIENTIFIC COOPERATION

290j.
Establishment of the Fund.
290j–1.
Use of United States owned rupees to capitalize the Fund.

        

SUBCHAPTER XXVI—MULTILATERAL INVESTMENT GUARANTEE AGENCY

290k.
Acceptance of membership.
290k–1.
Governor and Alternate Governor.
290k–2.
Instructions for United States Director.
290k–3.
Opposition to certain guarantees or investment promotions; independent evaluation of guaranteed investments.
290k–4.
Consultation with representatives of private sector and of labor organizations on Agency policy directions and operations.
290k–5.
Applicability of Bretton Woods Agreements Act.
290k–6.
Restrictions.
290k–7.
Federal Reserve banks as depositories.
290k–8.
Subscription of stock.
290k–9.
Jurisdiction of United States courts and enforcement of arbitral awards.
290k–10.
Effectiveness of Convention.
290k–11.
Arbitral awards; enforcement; full faith and credit; Federal Arbitration Act inapplicable; exclusiveness of district court jurisdiction.

        

SUBCHAPTER XXVII—EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

290l.
Acceptance of membership.
290l–1.
Governor and alternate Governor.
290l–2.
Applicability of certain provisions of Bretton Woods Agreements Act.
290l–3.
Federal Reserve banks as depositories.
290l–4.
Subscription of stock.
290l–5.
Jurisdiction and venue of civil actions by or against Bank.
290l–6.
Effectiveness of Agreement.
290l–7.
Exemption from securities laws for certain securities issued by Bank; reports required.
290l–8.
Congressional consultations.
290l–9.
Capital increase.

        

SUBCHAPTER XXVIII—NORTH AMERICAN DEVELOPMENT BANK AND RELATED PROVISIONS

290m.
North American Development Bank.
290m–1.
Status, immunities, and privileges.
290m–2.
Community adjustment and investment program.
290m–3.
"Border Environment Cooperation Agreement" defined.
290m–4.
Authority to agree to certain amendments to the Border Environment Cooperation Agreement.
290m–5.
Grants out of paid-in capital resources.
290m–6.
Repealed.

        

SUBCHAPTER XXIX—UNITED STATES-MEXICO BORDER HEALTH COMMISSION

290n.
Appointment of members of Border Health Commission.
290n–1.
Duties.
290n–2.
Other authorized functions.
290n–3.
Membership.
290n–4.
Regional offices.
290n–5.
Reports.
290n–6.
Definitions.

        

SUBCHAPTER XXX—MIDDLE EAST DEVELOPMENT BANK

290o.
Acceptance of membership.
290o–1.
Governor and alternate Governor.
290o–2.
Applicability of certain provisions of Bretton Woods Agreements Act.
290o–3.
Federal Reserve Banks as depositories.
290o–4.
Subscription of stock.
290o–5.
Jurisdiction and venue of civil actions by or against Bank.
290o–6.
Effectiveness of Agreement.
290o–7.
Exemption from securities laws for certain securities issued by Bank; reports required.

        

SUBCHAPTER XXXI—INTERNATIONAL RENEWABLE ENERGY AGENCY

290p.
Acceptance of statute and membership.

        

SUBCHAPTER XXXII—ORGANIZATION OF AMERICAN STATES

290q.
Organization of American States revitalization and reform strategy.

        

§261. Policy as to settlement of disputes and disarmament

It is declared to be the policy of the United States to adjust and settle its international disputes through mediation or arbitration, to the end that war may be honorably avoided. It looks with apprehension and disfavor upon a general increase of armament throughout the world, but it realizes that no single nation can disarm, and that without a common agreement upon the subject every considerable power must maintain a relative standing in military strength.

(Aug. 29, 1916, ch. 417, 39 Stat. 618.)

Short Title of 2010 Amendment

Pub. L. 111–158, §1, Apr. 26, 2010, 124 Stat. 1121, provided that: "This Act [enacting section 262p–12 of this title] may be cited as the 'Haiti Debt Relief and Earthquake Recovery Act of 2010'."

Short Title of 1977 Amendment

Pub. L. 95–118, §1, as added by Pub. L. 97–35, title XIII, §1361(a), Aug. 13, 1981, 95 Stat. 745, provided that: "This Act [enacting sections 262c, 262d, 262e to 262g–3, 282i, 284n, 285s, 285t, 286e–1f, and 290g–10 of this title, repealing sections 283y, 284m, and 290g–9 of this title, and enacting provisions set out as notes under 262c and 282i of this title] may be cited as the 'International Financial Institutions Act'."

§262. President's participation in international congresses restricted

The Executive shall not extend or accept any invitation to participate in any international congress, conference, or like event, without first having specific authority of law to do so.

(Mar. 4, 1913, ch. 149, 37 Stat. 913.)

§262–1. Restriction relating to United States accession to any new international criminal tribunal

(a) Prohibition

The United States shall not become a party to any new international criminal tribunal, nor give legal effect to the jurisdiction of such a tribunal over any matter described in subsection (b), except pursuant to—

(1) a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after October 21, 1998; or

(2) any statute enacted by Congress on or after October 21, 1998.

(b) Jurisdiction described

The jurisdiction described in this section is jurisdiction over—

(1) persons found, property located, or acts or omissions committed, within the territory of the United States; or

(2) nationals of the United States, wherever found.

(c) Statutory construction

Nothing in this section precludes sharing information, expertise, or other forms of assistance with such tribunal.

(d) "New international criminal tribunal" defined

The term "new international criminal tribunal" means any permanent international criminal tribunal established on or after October 21, 1998, and does not include—

(1) the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law in the Territory of the Former Yugoslavia, as established by United Nations Security Council Resolution 827 of May 25, 1993; or

(2) the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, as established by United Nations Security Council Resolution 955 of November 8, 1994.

(Pub. L. 105–277, div. G, subdiv. B, title XXV, §2502, Oct. 21, 1998, 112 Stat. 2681–836.)

Restriction Relating to United States Accession to the International Criminal Court

Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §705], Nov. 29, 1999, 113 Stat. 1536, 1501A-460, formerly set out as a note under this section, was transferred and is classified to section 7401 of this title.

Prohibition on Extradition or Transfer of United States Citizens to the International Criminal Court

Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §706], Nov. 29, 1999, 113 Stat. 1536, 1501A-461, formerly set out as a note under this section, was transferred and is classified to section 7402 of this title.

§262a. Contributions to international organizations; consent of State Department; limitations as to certain organizations

All financial contributions by the United States to the normal operations of the international organizations covered by this Act, which member states are obligated to support annually, shall be limited to the amounts provided in this Act: Provided, That contributions for special projects not regularly budgeted by such international organizations shall not be subject to the above limitation.

All financial contributions by the United States to international organizations in which the United States participates as a member shall be made by or with the consent of the Department of State regardless of the appropriation from which any such contribution is made.

(Sept. 21, 1950, ch. 976, §2, 64 Stat. 903; Pub. L. 107–228, div. A, title IV, §405(b)(1), Sept. 30, 2002, 116 Stat. 1391.)

References in Text

This Act, referred to in text, is act Sept. 21, 1950, ch. 976, 64 Stat. 903, which enacted section 262a of this title, and amended sections 269b, 272a, 279a, 280b, 290b of this title. For complete classification of this Act to the Code, see Tables.

The international organizations covered by this Act, referred to in text, are the Inter-American Children's Institute, the International Labor Organization, the United Nations Food and Agriculture Organization, the South Pacific Commission, and the World Health Organization.

Amendments

2002—Pub. L. 107–228 struck out at end "The Secretary of State shall report annually to the Congress on the extent and disposition of such contributions."

§262b. Commitments for United States contributions to international organizations; limitations; consultation with Congressional committees

No representative of the United States Government in any international organization hereafter shall make any commitment requiring the appropriation of funds for a contribution by the United States in excess of 331/3 per centum of the budget of any international organization for which the appropriation for the United States contribution is contained in this Act: Provided, That in exceptional circumstances necessitating a contribution by the United States in excess of 331/3 per centum of the budget, a commitment requiring a United States appropriation of a larger proportion may be made after consultation by United States representatives in the organization or other appropriate officials of the Department of State with the Committees on Appropriations of the Senate and House of Representatives: Provided, however, That this section shall not apply to the United States representatives to the Inter-American organizations, Caribbean Commission and the Joint Support program of the International Civil Aviation Organization.

(Oct. 22, 1951, ch. 533, title VI, §602, 65 Stat. 599; Aug. 5, 1953, ch. 328, title I, 67 Stat. 368.)

References in Text

This Act, referred to in text, is act Oct. 22, 1951, ch. 533, title VI, 65 Stat. 599, popularly known as the Departments of State, Justice, Commerce and Judiciary Appropriation Act of 1952. For complete classification of this Act to the Code, see Tables.

Codification

Section is comprised of first paragraph of section 602 of act Oct. 22, 1951. Second par. of such section 602 contained a fiscal year provision.

Amendments

1953—Act Aug. 5, 1953, inserted proviso that this section is not to apply to the United States representatives to the Caribbean Commission and the Joint Support program of the International Civil Aviation Organization.

Similar Provisions

Provisions similar to this section were contained in act July 10, 1952, ch. 651, title I, 66 Stat. 550.

§262c. Commitments for United States contributions to international financial institutions fostering economic development in less developed countries; continuation of participation

(a) Congressional findings

It is the sense of the Congress that—

(1) for humanitarian, economic, and political reasons, it is in the national interest of the United States to assist in fostering economic development in the less developed countries of this world;

(2) the development-oriented international financial institutions have proved themselves capable of playing a significant role in assisting economic development by providing to less developed countries access to capital and technical assistance and soliciting from them maximum self-help and mutual cooperation;

(3) this has been achieved with minimal risk of financial loss to contributing countries;

(4) such institutions have proved to be an effective mechanism for sharing the burden among developed countries of stimulating economic development in the less developed world; and

(5) although continued United States participation in the international financial institutions is an important part of efforts by the United States to assist less developed countries, more of this burden should be shared by other developed countries. As a step in that direction, in future negotiations, the United States should work toward aggregate contributions to future replenishments to international financial institutions covered by this Act not to exceed 25 per centum.

(b) Funding commitments to international financial institutions; availability of funds subject to appropriations

The Congress recognizes that economic development is a long-term process needing funding commitments to international financial institutions. It also notes that the availability of funds for the United States contribution to international financial institutions is subject to the appropriations process.

(Pub. L. 95–118, title I, §101, Oct. 3, 1977, 91 Stat. 1067.)

References in Text

This Act, referred to in subsec. (a)(5), is Pub. L. 95–118, Oct. 3, 1977, 91 Stat. 1067, known as the International Financial Institutions Act, which enacted sections 262c, 262d, 262e to 262g–3, 262m to 262p–12, 262r to 262t, 282i, 284n, 285s, 285t, 286e–1f, and 290g–10 of this title, repealed sections 283y, 284m, and 290g–9 of this title, and enacted provisions set out as notes under sections 262c and 282i of this title. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 261 of this title and Tables.

Effective Date

Section effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title.

Future United States Contributions to the International Financial Institutions

Pub. L. 96–536, §101(b) [H.J. Res. 637, §101(b); H.R. 4473, title I], Dec. 16, 1980, 94 Stat. 3167, provided in part that: "It is the sense of the Congress that the United States share of contributions to future replenishments of the International Financial Institutions should not exceed the percentages enumerated below for each of the respective accounts within these institutions:

"Asian Development Bank:

"Paid-in capital, 16.3 percent;

"Callable capital, 16.3 percent;

"Asian Development Fund, 22.2 percent;

"African Development Bank:

"Special Fund, 18 percent;

"Inter-American Development Bank:

"Paid-in capital, 34.5 percent;

"Callable capital, 34.5 percent;

"Fund for Special Operations, 40 percent;

"International Bank for Reconstruction and Development:

"Paid-in capital, 24 percent;

"Callable capital, 24 percent;

"International Development Association, 25 percent;

"International Finance Corporation, 23 percent."

Similar provisions were contained in the following appropriation acts:

Pub. L. 96–123, §101(a) [incorporating Pub. L. 95–481, title III], Nov. 20, 1979, 93 Stat. 923.

Pub. L. 95–481, title III, Oct. 18, 1978, 92 Stat. 1599.

Pub. L. 95–148, title III, Oct. 31, 1977, 91 Stat. 1238.

Standards for Human Needs and Protection of Human Rights; Consultation for Development of Criteria; Report to Congress

Pub. L. 95–118, title VII, §703, Oct. 3, 1977, 91 Stat. 1070, provided that:

"(a) The Secretary of State and the Secretary of the Treasury shall initiate a wide consultation designed to develop a viable standard for the meeting of basic human needs and the protection of human rights and a mechanism for acting together to insure that the rewards of international economic cooperation are especially available to those who subscribe to such standards and are seen to be moving toward making them effective in their own systems of governance.

"(b) Not later than one year after the date of enactment of this Act [Oct. 3, 1977], the Secretary of State and the Secretary of the Treasury shall report to the President of the Senate and the Speaker of the House of Representatives on the progress made in carrying out this section."

§262d. Human rights and United States assistance policies with international financial institutions

(a) Policy goals

The United States Government, in connection with its voice and vote in the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the African Development Fund, the Asian Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, and the International Monetary Fund, shall advance the cause of human rights, including by seeking to channel assistance toward countries other than those whose governments engage in—

(1) a pattern of gross violations of internationally recognized human rights, such as torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial to life, liberty, and the security of person; or

(2) provide refuge to individuals committing acts of international terrorism by hijacking aircraft.

(b) Policy considerations for Executive Directors of institutions in implementation of duties

Further, the Secretary of the Treasury shall instruct each Executive Director of the above institutions to consider in carrying out his duties:

(1) specific actions by either the executive branch or the Congress as a whole on individual bilateral assistance programs because of human rights considerations;

(2) the extent to which the economic assistance provided by the above institutions directly benefit the needy people in the recipient country;

(3) whether the recipient country—

(A) is seeking to acquire unsafeguarded special nuclear material (as defined in section 6305(8) of this title) or a nuclear explosive device (as defined in section 6305(4) of this title);

(B) is not a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons; or

(C) has detonated a nuclear explosive device; and


(4) in relation to assistance for the Socialist Republic of Vietnam, the People's Democratic Republic of Laos, Russia and the other independent states of the former Soviet Union (as defined in section 5801 of this title), and Democratic Kampuchea (Cambodia), the responsiveness of the governments of such countries in providing a more substantial accounting of Americans missing in action.

(c) Requirements of United States assistance through institutions for projects in recipient countries

The United States Government, in connection with its voice and vote in the institutions listed in subsection (a), shall seek to channel assistance to projects which address basic human needs of the people of the recipient country.

(d) Criteria for determination of gross violations of internationally recognized human rights standards

In determining whether a country is in gross violation of internationally recognized human rights standards, as defined by the provisions of subsection (a), the United States Government shall give consideration to the extent of cooperation of such country in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations including, but not limited to, the International Committee of the Red Cross, Amnesty International, the International Commission of Jurists, and groups or persons acting under the authority of the United Nations or the Organization of American States.

(e) Opposition by United States Executive Directors of institutions to financial or technical assistance to violating countries

The United States Executive Directors of the institutions listed in subsection (a) are authorized and instructed to oppose any loan, any extension of financial assistance, or any technical assistance to any country described in subsection (a)(1) or (2), unless such assistance is directed specifically to programs which serve the basic human needs of the citizens of such country.

(f) Consultative requirement

The Secretary of the Treasury or his delegate shall consult frequently and in a timely manner with the chairmen and ranking minority members of the Committee on Banking, Finance and Urban Affairs of the House of Representatives and of the Committee on Foreign Relations of the Senate to inform them regarding any prospective changes in policy direction toward countries which have or recently have had poor human rights records.

(g) Violations of religious freedom

In determining whether the government of a country engages in a pattern of gross violations of internationally recognized human rights, as described in subsection (a), the President shall give particular consideration to whether a foreign government—

(1) has engaged in or tolerated particularly severe violations of religious freedom, as defined in section 6402 of this title; or

(2) has failed to undertake serious and sustained efforts to combat particularly severe violations of religious freedom when such efforts could have been reasonably undertaken.

(Pub. L. 95–118, title VII, §701, Oct. 3, 1977, 91 Stat. 1069; Pub. L. 96–259, title V, §501(a), (b), June 3, 1980, 94 Stat. 431, 432; Pub. L. 97–35, title XIII, §1342(b), Aug. 13, 1981, 95 Stat. 743; Pub. L. 97–375, title II, §211, Dec. 21, 1982, 96 Stat. 1826; Pub. L. 98–181, title I [title X, §1004], Nov. 30, 1983, 97 Stat. 1286; Pub. L. 101–240, title V, §541(c), (d)(4), (e)(8), Dec. 19, 1989, 103 Stat. 2517–2519; Pub. L. 101–513, title V, §562(b)(2), Nov. 5, 1990, 104 Stat. 2034; Pub. L. 102–511, title X, §1008, Oct. 24, 1992, 106 Stat. 3361; Pub. L. 103–236, title VIII, §823(b), Apr. 30, 1994, 108 Stat. 512; Pub. L. 105–292, title IV, §422, Oct. 27, 1998, 112 Stat. 2810; Pub. L. 106–569, title XI, §1103(g), Dec. 27, 2000, 114 Stat. 3031; Pub. L. 113–188, title XVI, §1601(b), Nov. 26, 2014, 128 Stat. 2025.)

Amendments

2014—Subsecs. (c) to (g). Pub. L. 113–188, which directed amendment of this section by striking subsec. (c) and redesignating subsec. (d) through subsec. (g) as added by section "501(g)" of Pub. L. 96–259 as subsecs. (c) through (f), respectively, was executed by redesignating subsec. (d) to subsec. (g) as added by section 501(b) of Pub. L. 96–259 (relating to consultative requirement) as (c) to (f), respectively, and striking out former subsec. (c) which related to reporting requirements, to reflect the probable intent of Congress.

2000—Subsec. (c)(1). Pub. L. 106–569 substituted "The Secretary of the Treasury shall report annually" for "Not later than 30 days after the end of each calendar quarter, the Secretary of the Treasury shall report quarterly".

1998—Subsec. (g). Pub. L. 105–292 added subsec. (g) relating to violations of religious freedom.

1994—Subsec. (b)(3). Pub. L. 103–236 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "whether the recipient country has detonated a nuclear device or is not a State Party to the Treaty on Nonproliferation of Nuclear Weapons or both; and".

1992—Subsec. (a). Pub. L. 102–511, §1008(a), substituted "the African Development Bank, the European Bank for Reconstruction and Development, and the International Monetary Fund," for "and the African Development Bank,".

Subsec. (b)(4). Pub. L. 102–511, §1008(b), inserted "Russia and the other independent states of the former Soviet Union (as defined in section 5801 of this title)," after "Laos,".

1990—Subsec. (g). Pub. L. 101–513 struck out "(2)" before "The Secretary" and substituted "of the Committee on Banking, Finance and Urban Affairs of the House of Representatives and of the Committee on Foreign Relations of the Senate" for "specified in paragraph (1)".

1989—Subsec. (c). Pub. L. 101–240, §541(c), amended subsec. (c) generally, substituting provisions relating to quarterly reports by Secretary of the Treasury not later than 30 days after end of each calendar quarter for provisions relating to annual reports by Secretaries of State and the Treasury, and quarterly reports by Secretary of the Treasury.

Subsec. (d). Pub. L. 101–240, §541(e)(8), struck out at end "The annual report required under subsection (c) shall include a listing of categories of such assistance granted, with particular attention to categories that address basic human needs."

Subsec. (g)(1). Pub. L. 101–240, §541(d)(4), struck out par. (1) which related to quarterly reporting requirements by Secretary of the Treasury in consultation with Secretary of State.

1983—Subsec. (a)(1). Pub. L. 98–181 substituted "pattern" for "consistent pattern".

Subsec. (g)(1). Pub. L. 98–181 substituted "Not later than thirty days after the end of each calendar quarter, the Secretary of the Treasury, in consultation with the Secretary of State, shall report." for "The Secretary of the Treasury, in consultation with the Secretary of State, shall report quarterly".

1982—Subsec. (c)(1). Pub. L. 97–375 inserted "excluding section 262e of this title and".

1981—Subsec. (a). Pub. L. 97–35 inserted reference to the African Development Bank.

1980—Subsec. (c). Pub. L. 96–259, §501(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (g). Pub. L. 96–259, §501(b), added subsec. (g).

Change of Name

Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services 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 Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of this title.

Effective Date of 1989 Amendment

Pub. L. 101–240, title VIII, §801, Dec. 19, 1989, 103 Stat. 2524, provided that: "Except as otherwise provided in this Act, this Act and the amendments made by this Act [enacting sections 262m–7, 262p–4g to 262p–4k, 262r to 262r–2, 262s–1, 262t, 283z–5 to 283z–8, 286e–12, 286kk, and 2281 to 2286 of this title and section 3904a of Title 12, Banks and Banking, amending this section, sections 262m–7, 262p–1, 262p–5, 262s–2, 282b, 283b, 283cc, 284b, 285b, 286b, 286e–9, 286k–1, 286s, 290g–2, 290i–3, and 290k–5 of this title, and sections 635 and 635i–3 of Title 12, transferring former section 262q of this title to section 262s of this title and former section 4722 of Title 15, Commerce and Trade, to section 262s–2 of this title, repealing sections 262i, 262m–6, 276c–3, 283i, 286b–1, and 286b–2 of this title, enacting provisions set out as notes under sections 283z–6, 2151, and 2291 of this title and sections 635, 3901, and 3904a of Title 12, amending provisions set out as a note under section 262l of this title, and repealing provisions set out as notes under sections 262g–2 and 283 of this title] shall take effect on the date of the enactment of this Act [Dec. 19, 1989]."

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1372 of Pub. L. 97–35, set out as an Effective Date note under section 290i of this title.

Effective Date

Section effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title.

Consultations for Adoption of Amendment to Articles of Agreement Respecting Human Rights Standards in Connection With Any Application for Assistance

Pub. L. 95–118, title VII, §705, as added by Pub. L. 96–259, title V, §501(c), June 3, 1980, 94 Stat. 432, provided that: "The President shall direct the United States Governor of the International Bank for Reconstruction and Development, the United States Governor of the International Finance Corporation, the United States Governor of the International Development Association, the United States Governor of the Inter-American Development Bank, the United States Governor of the Asian Development Bank, and the United States Governor of the African Development Fund, to consult with the other Governors of those institutions concerning adoption of an amendment to the Articles of Agreement of their respective institutions to establish human rights standards to be considered in connection with each application for assistance."

Amendment of Articles of Agreement of International Financial Institutions; Establishment of Human Rights Standards To Be Considered in Connection With Assistance Application

Pub. L. 95–481, title VI, §611, Oct. 18, 1978, 92 Stat. 1602, provided that: "The President shall direct the United States Governor of the International Bank for Reconstruction and Development, the United States Governor of the International Finance Corporation, the United States Governor of the International Development Association, the United States Governor of the Inter-American Development Bank, the United States Governor of the Asian Development Bank, and the United States Governor of the African Development Fund, to propose and seek adoption of an amendment to the Articles of Agreement for their respective institutions to establish human rights standards to be considered in connection with each application for assistance."

§262d–1. Congressional statement of policy of human rights and United States assistance policies with international institutions

It is the sense of the Congress that, where other means have proven ineffective in promoting international human rights, and except where the President determines that the cause of international human rights is served more effectively by actions other than voting against such assistance or where the assistance is directed to programs that serve the basic needs of the impoverished majority of the country in question, United States representatives to the International Bank for Reconstruction and Development, the International Development Association, the African Development Fund, the Asian Development Bank, and the Inter-American Development Bank should oppose loans and other financial or technical assistance to any country that persists in a systematic pattern of gross violations of fundamental human rights.

(Pub. L. 95–148, title V, §507, Oct. 31, 1977, 91 Stat. 1240.)

§262e. Comparability of salaries and benefits of employees of international financial institutions with employees of American private business and governmental service

The President shall direct the United States Executive Directors of such international financial institutions to take all appropriate actions to keep the salaries and benefits of the employees of such institutions to levels comparable to salaries and benefits of employees of private business and the United States Government in comparable positions.

(Pub. L. 95–118, title VII, §704, Oct. 3, 1977, 91 Stat. 1071.)

Effective Date

Section effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title.

§262f. Promotion of development and utilization of light capital technologies and United States assistance policies with international financial institutions

The United States Government, in connection with its voice and vote in the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the African Development Fund, the Asian Development Bank, and the African Development Bank, shall promote the development and utilization of light capital technologies, otherwise known as intermediate, appropriate, or village technologies, by such international institutions as major facets of their development strategies, with major emphasis on the production and conservation of energy through light capital technologies.

(Pub. L. 95–118, title VIII, §801, Oct. 3, 1977, 91 Stat. 1071; Pub. L. 97–35, title XIII, §§1342(c), 1371(b)(1), Aug. 13, 1981, 95 Stat. 743, 746.)

Amendments

1981—Pub. L. 97–35 redesignated subsec. (a) as entire section, inserted reference to African Development Bank, and struck out subsec. (b) which related to an annual report to Congress on progress toward achieving goals of this section.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1372 of Pub. L. 97–35, set out as an Effective Date note under section 290i of this title.

Effective Date

Section effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title.

§262g. Human nutrition in developing countries and United States assistance policies with international financial institutions; declaration of policy

The Congress declares it to be the policy of the United States, in connection with its voice and vote in the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the African Development Fund, the Asian Development Fund, and the Asian Development Bank, to combat hunger and malnutrition and to encourage economic development in the developing countries, with emphasis on assistance to those countries that are determined to improve their own agricultural production, by seeking to channel assistance for agriculturally related development to projects that would aid in fulfilling domestic food and nutrition needs and in alleviating hunger and malnutrition in the recipient country. The United States representatives to the institutions named in this section shall oppose any loan or other financial assistance for establishing or expanding production for export of palm oil, sugar, or citrus crops if such loan or assistance will cause injury to United States producers of the same, similar, or competing agricultural commodity.

(Pub. L. 95–118, title IX, §901, Oct. 3, 1977, 91 Stat. 1071; Pub. L. 97–35, title XIII, §1371(b)(2), Aug. 13, 1981, 95 Stat. 746.)

Amendments

1981—Pub. L. 97–35 redesignated subsec. (a) as entire section and struck out subsec. (b) which related to an annual report to Congress on the progress towards achieving the goals of this section.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1372 of Pub. L. 97–35, set out as an Effective Date note under section 290i of this title.

Effective Date

Section effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title.

§262g–1. Targeting assistance to specific populations

(a) Congressional findings

The Congress finds that there is a need for concerted international efforts to deal with the problems of malnutrition, low life expectancy, childhood disease, underemployment, and low productivity in developing countries.

(b) Assistance to poorest populations

The Congress notes with approval that the Inter-American Development Bank, under the terms of its Fifth Replenishment, has adopted the target that 50 percent of its lending benefit the poorest groups and has developed a usable methodology for determining the proportion of its lending which benefits such groups.

(Pub. L. 95–118, title XI, §1101, as added Pub. L. 97–35, title XIII, §1361(b), Aug. 13, 1981, 95 Stat. 745.)

Effective Date

Section effective Aug. 13, 1981, see section 1372 of Pub. L. 97–35, set out as a note under section 290i of this title.

§262g–2. Establishment of guidelines for international financial institutions

(a) Consultation with representatives of member countries

The Secretary of the Treasury shall consult with representatives of other member countries of the International Bank for Reconstruction and Development, the International Development Association, the Asian Development Bank, the African Development Fund, and the African Development Bank (if the United States becomes a member of that Bank), for the purpose of establishing guidelines within each of those institutions which specify that, in a manner consistent with the purposes and charters of those institutions, a specified proportion of the annual lending by each institution shall be designed to benefit needy people, primarily by financing sound, efficient, productive, self-sustaining projects designed to benefit needy people in developing countries, thus helping poor people improve their conditions of life.

(b) Congressional findings regarding implementation of objectives

The Congress finds that projects to construct basic infrastructure, to expand productive capacity (including private enterprise), and to address social problems can all meet the objectives of this section if they are designed and implemented properly. For the purposes of this title, "needy people" means those people living in "absolute" or "relative" poverty as determined under the standards employed by the International Bank for Reconstruction and Development and the International Development Association.

(Pub. L. 95–118, title XI, §1102, as added Pub. L. 97–35, title XIII, §1361(b), Aug. 13, 1981, 95 Stat. 745.)

References in Text

This title, referred to in subsec. (b), is title XI (§§1101–1103) of Pub. L. 95–118, as added by Pub. L. 97–35, title XIII, §1361(b), Aug. 13, 1981, 95 Stat. 745, which enacted sections 262g–1 and 262g–2 of this title and enacted a provision set out as a note below. For complete classification of title XI to the Code, see Tables.

Effective Date

Section effective Aug. 13, 1981, see section 1372 of Pub. L. 97–35, set out as a note under section 290i of this title.

Reports to Congress

Pub. L. 95–118, title XI, §1103, as added by Pub. L. 97–35, title XIII, §1361(b), Aug. 13, 1981, 95 Stat. 746, required reports on the progress being made toward achieving the goals of this section, prior to repeal by Pub. L. 101–240, title V, §541(d)(4), Dec. 19, 1989, 103 Stat. 2518.

§262g–3. International negotiations on future replenishments of international financial institutions; consultation with appropriate Members of Congress

The Secretary of the Treasury or his designee shall consult with the Chairman and the Ranking Minority Member of—

(1) the Committee on Banking, Finance and Urban Affairs of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the appropriate subcommittee of each such committee, and

(2) the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, and the appropriate subcommittee of each such committee,


for the purpose of discussing the position of the executive branch and the views of the Congress with respect to any international negotiations being held to consider future replenishments or capital expansions of any multilateral development bank which may involve an increased contribution or subscription by the United States. Such consultation shall be made (A) not later than 30 days before the initiation of such international negotiations, (B) during the period in which such negotiations are being held, in a frequent and timely manner, and (C) before a session of such negotiations is held at which the United States representatives may agree to such a replenishment or capital expansion.

(Pub. L. 95–118, title XII, §1201, as added Pub. L. 97–35, title XIII, §1361(b), Aug. 13, 1981, 95 Stat. 746.)

Change of Name

Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services 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 Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date

Section effective Aug. 13, 1981, see section 1372 of Pub. L. 97–35, set out as a note under section 290i of this title.

§262h. Opposition by United States Executive Directors of international financial institutions to assistance for production or extraction of export commodities or minerals in surplus on world markets

The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by such institutions, using funds appropriated or otherwise made available pursuant to any provision of law, for the production or extraction of any commodity or mineral for export, if—

(1) such commodity or mineral, as the case may be, is in surplus on world markets; and

(2) the export of such commodity or mineral, as the case may be, would cause substantial injury to the United States producers of the same, similar, or competing commodity or mineral.

(Pub. L. 99–472, §22, Oct. 15, 1986, 100 Stat. 1210.)

Similar Provisions

Pub. L. 115–141, div. K, title VII, §7025(c), Mar. 23, 2018, 132 Stat. 877, provided that: "The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions, as defined in section 7034(r)(3) of this Act [set out as a note below], to use the voice and vote of the United States to oppose any assistance by such institutions, using funds appropriated or made available by this Act [div. K of Pub. L. 115–141, 132 Stat. 833, see Tables for classification], for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity."

Similar provisions were contained in the following appropriation acts:

Pub. L. 115–31, div. J, title VII, §7025(c), May 5, 2017, 131 Stat. 633.

Pub. L. 114–113, div. K, title VII, §7025(c), Dec. 18, 2015, 129 Stat. 2748.

Pub. L. 113–235, div. J, title VII, §7025(c), Dec. 16, 2014, 128 Stat. 2614.

Pub. L. 113–76, div. K, title VII, §7025(c), Jan. 17, 2014, 128 Stat. 504.

Pub. L. 112–74, div. I, title VII, §7025(c), Dec. 23, 2011, 125 Stat. 1206.

Pub. L. 111–117, div. F, title VII, §7026(c), Dec. 16, 2009, 123 Stat. 3354.

Pub. L. 111–8, div. H, title VII, §7026(c), Mar. 11, 2009, 123 Stat. 871.

Pub. L. 110–161, div. J, title VI, §614, Dec. 26, 2007, 121 Stat. 2318.

Pub. L. 109–102, title V, §514, Nov. 14, 2005, 119 Stat. 2200.

Pub. L. 108–447, div. D, title V, §514, Dec. 8, 2004, 118 Stat. 2995.

Pub. L. 108–199, div. D, title V, §514, Jan. 23, 2004, 118 Stat. 171.

Pub. L. 108–7, div. E, title V, §514, Feb. 20, 2003, 117 Stat. 184.

Pub. L. 107–115, title V, §514, Jan. 10, 2002, 115 Stat. 2142.

Pub. L. 106–429, §101(a) [title V, §514], Nov. 6, 2000, 114 Stat. 1900, 1900A-25.

Pub. L. 106–113, div. B, §1000(a)(2) [title V, §514], Nov. 29, 1999, 113 Stat. 1535, 1501A-85.

Pub. L. 105–277, div. A, §101(d) [title V, §514(a)], Oct. 21, 1998, 112 Stat. 2681–150, 2681-173.

Pub. L. 105–118, title V, §514, Nov. 26, 1997, 111 Stat. 2409.

Pub. L. 104–208, div. A, title I, §101(c) [title V, §514], Sept. 30, 1996, 110 Stat. 3009–121, 3009-143.

Pub. L. 104–107, title V, §514, Feb. 12, 1996, 110 Stat. 725.

Pub. L. 103–306, title V, §514, Aug. 23, 1994, 108 Stat. 1628.

Pub. L. 103–87, title V, §514, Sept. 30, 1993, 107 Stat. 948.

Pub. L. 102–391, title V, §521, Oct. 6, 1992, 106 Stat. 1661.

Pub. L. 101–513, title V, §522, Nov. 5, 1990, 104 Stat. 2007.

Pub. L. 101–167, title V, §522, Nov. 21, 1989, 103 Stat. 1221.

Pub. L. 100–461, title V, §522, Oct. 1, 1988, 102 Stat. 2268–25.

Pub. L. 100–202, §101(e) [title V, §522], Dec. 22, 1987, 101 Stat. 1329–131, 1329-157.

Pub. L. 99–500, §101(f) [title V, §522], Oct. 18, 1986, 100 Stat. 1783–213, 1783-229, and Pub. L. 99–591, §101(f) [title V, §522], Oct. 30, 1986, 100 Stat. 3341–214, 3341-229.

Pub. L. 99–190, §101(i) [title V, §523], Dec. 19, 1985, 99 Stat. 1291, 1306.

Pub. L. 98–473, title I, §101(1) [title V, §524], Oct. 12, 1984, 98 Stat. 1884, 1899.

Pub. L. 98–151, §101(b)(1) [incorporating Pub. L. 97–121, title V, §522], Nov. 14, 1983, 97 Stat. 964.

Pub. L. 97–377, title I, §101(b)(1) [incorporating Pub. L. 97–121, title V, §522], Dec. 21, 1982, 96 Stat. 1831.

Pub. L. 97–121, title V, §522, Dec. 29, 1981, 95 Stat. 1656.

Pub. L. 96–536, §101(b) [H.J. Res. 637, §101(b); H.R. 4473, title V, §522A], Dec. 16, 1980, 94 Stat. 3167.

Pub. L. 96–123, §101(a) [incorporating Pub. L. 95–481, title VI, §609], Nov. 20, 1979, 93 Stat. 923.

Pub. L. 95–481, title VI, §609, Oct. 18, 1978, 92 Stat. 1601.

Pub. L. 115–141, div. K, title VII, §7034(r)(3), Mar. 23, 2018, 132 Stat. 898, provided that: "In this Act [div. K of Pub. L. 115–141, 132 Stat. 833, see Tables for classification] 'international financial institutions' means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency."

Similar provisions were contained in the following appropriation acts:

Pub. L. 115–31, div. J, title VII, §7034(r)(3), May 5, 2017, 131 Stat. 654.

Pub. L. 114–113, div. K, title VII, §7034(r)(3), Dec. 18, 2015, 129 Stat. 2768.

Pub. L. 113–235, div. J, title VII, §7029(h), Dec. 16, 2014, 128 Stat. 2618.

Pub. L. 113–76, div. K, title VII, §7029(g), Jan. 17, 2014, 128 Stat. 508.

§262i. Repealed. Pub. L. 101–240, title V, §541(d)(6), Dec. 19, 1989, 103 Stat. 2518

Section, Pub. L. 96–259, title IV, §401, June 3, 1980, 94 Stat. 431, related to communication and dissemination of information respecting export opportunity enhancement.

§262j. Use of renewable resources for energy production

(a) Promotion, etc., by United States in connection with international financial institutions

The United States Government, in connection with its voice and vote in the Inter-American Development Bank, the African Development Fund, and the Asian Development Bank, shall encourage such institutions—

(1) to promote the decentralized production of renewable energy;

(2) to identify renewable resources to produce energy in rural development projects and determine the feasibility of substituting them for systems using fossil fuel;

(3) to train personnel in developing technologies for getting energy from renewable resources;

(4) to support research into the use of renewable resources, including hydropower, biomass, solar photovoltaic, and solar thermal;

(5) to support an information network to make available to policymakers the full range of energy choices;

(6) to broaden their energy planning, analyses, and assessments to include consideration of the supply of, demand for, and possible uses of renewable resources; and

(7) to coordinate with the Agency for International Development and other aid organizations in supporting effective rural energy programs.

(b) "Renewable resource" defined

For purposes of this section, the term "renewable resource" means any energy resource which—

(1) meets the needs of rural communities;

(2) saves capital without wasting labor;

(3) is modest in scale and simple to install and maintain and which can be managed by local individuals;

(4) is acceptable and affordable; and

(5) does not damage the environment.

(Pub. L. 96–259, title VI, §602, June 3, 1980, 94 Stat. 433; Pub. L. 97–375, title I, §112, Dec. 21, 1982, 96 Stat. 1821.)

Amendments

1982—Subsec. (c). Pub. L. 97–375 struck out subsec. (c) which directed the Secretary of the Treasury, in consultation with the Director of the United States International Development Cooperation Agency, to report to Congress not later than six months after June 3, 1980, and annually thereafter on the progress toward achieving the goals set forth in this title.

Congressional Statement of Findings Respecting Use of Renewable Resources for Energy Production in Poor and Developing Countries and Role of International Financial Institutions

Pub. L. 96–259, title VI, §601, June 3, 1980, 94 Stat. 432, provided that: "The Congress finds that—

"(1) without an adequate supply of energy at affordable prices the world's poor will continue to be deprived of jobs, food, water, shelter, and clothing, and poor countries will continue to be economically and politically unstable;

"(2) dependence on increasingly expensive fossil fuel resources consumes too much of the capital available to poor countries with the result that funds are not available to meet the basic needs of poor people;

"(3) in many developing countries the cost of large central generators and long distance electrical distribution makes it unlikely that rural energy by means of a national grid will contribute to meeting the needs of poor people;

"(4) only one of eight rural inhabitants lives in an area which has access to electricity and even fewer rural inhabitants actually have or can afford electricity;

"(5) wood, animal and agricultural waste, and other 'noncommercial' fuels still supply about half the total energy in developing countries and all but a seventh in rural sectors;

"(6) growing dependence of the world's poor on wood for heating and cooking has forced the overcutting of forests and as a consequence erosion and loss of available agricultural land; and

"(7) recent initiatives by the international financial institutions to develop and utilize decentralized solar, hydro, biomass, geothermal, and wind energy should be significantly expanded to make renewable energy resources increasingly available to the world's poor on a wide scale."

§262k. Financial assistance to international financial institutions; considerations and criteria

(a) Congressional declaration of intent

United States active participation in international financial institution activity is based on our national objective of furthering the economic and social development of the nations of the world, in particular the developing nations. The attainment of this national objective is most effectively realized through a world economic and financial system which is both free and stable. Therefore, it is the intent of the United States Congress that United States financial assistance to the international financial institutions should be primarily directed to those projects that would not generate excess commodity supplies in world markets, displace private investment initiatives or foster departures from a market-oriented economy.

(b) Effect of country adjustment programs; minimization of projected adverse impacts; avoidance of government subsidization

The Secretary of the Treasury shall instruct the representatives of the United States to the international financial institutions described in subsection (d) to take into account in their review of loans, credits, or other utilization of the resources of their respective institutions, the effect that country adjustment programs would have upon individual industry sectors and international commodity markets in order to—

(1) minimize any projected adverse impacts on such sector or markets of making such loans, credits, or utilization of resources; and

(2) avoid whenever possible government subsidization of production and exports of international commodities without regard to economic conditions in the markets for such commodities.

(c) Project proposals relating to mining, smelting, refining, and fabricating of minerals and metal products

More specifically, the following criteria should be considered as a basis for a vote by the respective United States Executive Director to each of the international financial institutions described in subsection (d) against a project proposal involving the creation of new capacity or the expansion, improvement, or modification of mining, smelting, refining, and fabricating of minerals and metal products:

(1) Analysis shows that the risks, returns, and incentives of a project are such that it could be financed at reasonable terms by commercial lending services.

(2) Analysis by the United States Bureau of Mines indicates that surplus capacity in the industry for the primary product of the defined project would exist over half the period of the economic life of the project because of projected world demand and capacity conditions.

(3) United States imports of the commodity constitute less than 50 percent of the domestic production of the primary product in those cases where the United States is the substantial producer of such commodities.

(d) International financial institutions

The international financial institutions referred to in subsections (a) and (b) are the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank.

(Pub. L. 99–88, title I, §502, Aug. 15, 1985, 99 Stat. 330; Pub. L. 102–285, §10(b), May 18, 1992, 106 Stat. 172.)

Change of Name

"United States Bureau of Mines" substituted for "Bureau of Mines" in subsec. (c)(2) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see note set out under section 1 of Title 30, Mineral Lands and Mining.

Copper Mining, Smelting, and Refining

Pub. L. 99–88, title I, §501, Aug. 15, 1985, 99 Stat. 329, provided that: "The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this Act or any other Act, for the production of any copper commodity for export or for the financing of the expansion, improvement, or modernization of copper mining, smelting, and refining capacity."

§262k–1. Transparency of budgets

(a) Limitation

Beginning three years after September 30, 1996, the Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to use the voice and vote of the United States to oppose any loan or other utilization of the funds of their respective institution, other than to address basic human needs, for the government of any country which the Secretary of the Treasury determines—

(1) does not have in place a functioning system for reporting to civilian authorities audits of receipts and expenditures that fund activities of the armed forces and security forces;

(2) has not provided to the institution information about the audit process requested by the institution.

(b) "International financial institution" defined

For purposes of this section, the term "international financial institution" shall include the institutions identified in section 532(b) of this Act.

(Pub. L. 104–208, div. A, title I, §101(c) [title V, §576], Sept. 30, 1996, 110 Stat. 3009–121, 3009-168; Pub. L. 105–118, title V, §572, Nov. 26, 1997, 111 Stat. 2430.)

References in Text

Section 532(b) of this Act, referred to in subsec. (b), is section 532(b) of Pub. L. 104–208, div. A, title I, §101(c) [title V], Sept. 30, 1996, 110 Stat. 3009–121, 3009-152, which is not classified to the Code.

Amendments

1997—Subsec. (a)(1). Pub. L. 105–118, §572(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "does not have in place a functioning system for a civilian audit of all receipts and expenditures that fund activities of the armed forces and security forces;".

Subsec. (a)(2). Pub. L. 105–118, §572(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "has not provided a summary of a current audit to the institution."

§262k–2. Female genital mutilation

(a) Limitation

Beginning 1 year after September 30, 1996, the Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to use the voice and vote of the United States to oppose any loan or other utilization of the funds of their respective institution, other than to address basic human needs, for the government of any country which the Secretary of the Treasury determines—

(1) has, as a cultural custom, a known history of the practice of female genital mutilation; and

(2) has not taken steps to implement educational programs designed to prevent the practice of female genital mutilation.

(b) "International financial institution" defined

For purposes of this section, the term "international financial institution" shall include the institutions identified in section 532(b) of this Act.

(Pub. L. 104–208, div. A, title I, §101(c) [title V, §579], Sept. 30, 1996, 110 Stat. 3009–121, 3009-170.)

References in Text

Section 532(b) of this Act, referred to in subsec. (b), is section 532(b) of Pub. L. 104–208, div. A, title I, §101(c) [title V], Sept. 30, 1996, 110 Stat. 3009–121, 3009-152, which is not classified to the Code.

§262l. Environmental reform measures and remedial measures; Committee on Health and the Environment

(a) Environmental reform measures; instructions to Executive Directors of Multilateral Development Banks

The Secretary of the Treasury shall instruct the United States Executive Directors of the Multilateral Development Banks to—

(1) vigorously promote a commitment of these institutions to—

(A) add professionally trained staff with experience in ecology and related areas to undertake environmental review of projects, and strengthen existing staff exercising environmental responsibilities;

(B) develop and implement management plans to ensure systematic and thorough environmental review of all projects and activities affecting the ecology and natural resources of borrowing countries, including—

(i) creation of a line unit to carry out such reviews as part of the normal project cycle,

(ii) appointment of an environmental advisor to the Presidents of the Multilateral Development Banks,

(iii) institution of a regular program of monitoring all ongoing projects to ensure that contract conditions and general bank policies to protect the environment and indigenous peoples are fully complied with;


(C) create career and other institutional incentives for all professionally trained bank staff to incorporate environmental and natural resources concerns into project planning and country programming activities;


(2) vigorously promote changes in these institutions in their preparation of projects and country programs that will prompt staff and encourage borrower countries to—

(A) actively and regularly involve environmental and health ministers, or comparable representatives, at the national, regional and local level, in the preparation of environmentally sensitive projects and in bank-supported country program planning and strategy sessions;

(B) actively and regularly seek the participation of non-governmental indigenous peoples and conservation organizations in the host countries at all stages of project planning and strategy sessions;

(C) fully inform local communities and appropriate non-governmental organizations with interests in local development projects of all project planning sufficiently in advance of project appraisal to allow informed participation of local communities and non-governmental organizations that may be adversely affected by them;


(3) establish a regular integrated multidisciplinary planning process to conduct land use capability analyses in reviewing potential loans. Such plans shall include, but not be limited to, a review of ongoing or other potential resource utilization efforts in and adjacent to the project area;

(4) vigorously promote a commitment of these institutions to develop and implement plans for the rehabilitation and management of the ecological resources of borrower nations on a sustained basis. Special attention shall be paid to soil conservation, wildlife, wetlands, estuaries, croplands, grasslands, forests, and fisheries, including—

(A) long-term programs of research designed to manage ecosystems properly;

(B) provision of adequate extension workers, park rangers, social forestry experts, and other appropriate personnel; and

(C) improved programs of training in environmental science and land-use planning;


(5) vigorously promote a commitment of these institutions to increase the proportion of their programs supporting environmentally beneficial projects and project components, such as technical assistance for environmental ministries and institutions, resource rehabilitation projects and project components, protection of indigenous peoples, and appropriate light capital technology projects. Other examples of such projects include small scale mixed farming and multiple cropping, agroforestry, programs to promote kitchen gardens, watershed management and rehabilitation, high yield wood lots, integrated pest management systems, dune stabilization programs, programs to improve energy efficiency, energy efficient technologies such as small scale hydro projects, rural solar energy systems, and rural and mobile telecommunications systems, and improved efficiency and management of irrigation systems.1

(6) place an increased emphasis on upgrading the efficient use of energy and other resources by borrower nations. Such efforts shall include, but not be limited to—

(A) significantly increasing the proportion of energy project lending for energy efficiency improvements, and decentralized small scale facilities such as solar, wind, or biomass generating facilities; and

(B) conducting an analysis of the comparative costs of any new energy generating facilities with the cost of increasing the energy efficiency in the project service area;


(7) seek a commitment of these institutions to fund projects to protect and preserve crucial wetland systems and to avoid expenditures for projects designed to convert major wetland systems. Development proposals which may affect these areas should be the subject of detailed impact assessments so as to avoid detrimental impacts to fisheries, wildlife and other important resources;

(8) vigorously promote the establishment within the Economic Development Institute of the World Bank of a component which provides training in environmental and natural resource planning and program development;

(9) regularly raise, at meetings of the Boards of Directors of these institutions, the issue of their progress in improving their environmental performance, with specific focus on the measures set forth above; and

(10) require at least a four week project review period between the time when staff recommendations are presented to the board and board action on any projects.

(b) Joint evaluation of potential environmental problems and remedial measures

The Secretaries of Treasury and State, and the Administrator of the Agency for International Development, shall ensure and coordinate a thorough evaluation within the United States Government of the potential environmental problems, and the adequacy of measures to address these problems, associated with all proposed loans for projects involving large impoundments of rivers in tropical countries; penetration roads into relatively undeveloped areas; and agricultural and rural development programs. The potential environmental problems to be addressed in such evaluations shall include those relating to deterioration of water quality; siltation; spread of waterborne diseases; forced resettlement; deforestation; threats to the land, health and culture of indigenous peoples; wetlands disruption; topsoil management, water logging and salinization in irrigation projects; and pesticide misuse and resistance.

(c) Additional initiatives

The Secretary of the Treasury and the Secretary of State shall regularly undertake and continue diplomatic and other initiatives, in addition to those mentioned in subsection (a)(5), to discuss measures to improve the environmental performance of the Multilateral Development Banks with the representatives to these institutions, and with ministries from which they receive their instructions, of borrower and donor nations. In particular, joint efforts shall be undertaken with borrowers and donors to ensure cooperative implementation of the reforms described above.

(d) Special meetings of Boards of Governors

The Secretary of the Treasury and the Secretary of State shall propose formally that the Boards of Governors of each Multilateral Development Bank hold a special meeting within the next twelve months, focused specifically on environmental performance and better implementation of multilateral development policies designed to protect the environment and indigenous peoples.

(e) Reporting requirements generally

The Secretary of the Treasury shall prepare and submit to the Committees on Appropriations by January 15, 1987, and annually thereafter, a report documenting the progress the Multilateral Development Banks have made in implementing the environmental reform measures described in paragraphs one through eight of subsection (a).

(f) Reporting requirements respecting environmental staffing

In the report of the Secretary of the Treasury required by subsection (e), regarding the implementation of staffing measures suggested in subsection (a)(1)(A), the Secretary of the Treasury shall specifically discuss the progress of the International Bank for Reconstruction and Development in upgrading and adding environmentally trained professionals to each of its six regional offices to review projects for their prospective ecological impacts.

(g) Duties of Administrator of Agency for International Development

The Administrator of the Agency for International Development in conjunction with the Secretaries of Treasury and State shall—

(1) instruct overseas missions of the Agency for International Development and embassies of the United States to analyze the impacts of Multilateral Development Bank projects proposed to be undertaken in the host country well in advance of a project's approval by the relevant institution. Such reviews shall address the economic viability of the project; adverse impacts on the environment, natural resources, and indigenous peoples; and recommendations as to measures, including alternatives, that could eliminate or mitigate adverse impacts. If not classified under the national security system of classification, such information shall be made available to the public;

(2) in preparation of reviews required by subsection (g)(1), compile a list of categories of projects likely to have adverse impacts on the environment, natural resources, or indigenous peoples. The list shall be developed in consultation with interested members of the public and made available to the Committee on Appropriations by December 31, 1986 and semiannually thereafter; and

(3) study the feasibility of creating a cooperative "early warning system" for projects of concern with other interested donors.

(h) Adverse impacts to environment, natural resources, or indigenous peoples; instructions to Executive Director of Multilateral Development Bank

If a review required by subsection (g)(1) identifies adverse impacts to the environment, natural resources, or indigenous peoples, the Secretary of the Treasury shall instruct the United States Executive Director of the Multilateral Development Bank to seek changes to the project necessary to eliminate or mitigate those impacts.

(i) Committee on Health and the Environment

The Administrator of the Agency for International Development shall appoint a Committee on Health and the Environment to examine opportunities for assisting countries in the proper use of agricultural and industrial chemicals and processes and alternatives such as integrated pest management. The committee shall be broadly representative of industry, agriculture, labor, health and environmental interests and shall report its preliminary findings to Congress before hearings on the fiscal year 1988 budget.

(Pub. L. 99–500, §101(f) [title V, §539], Oct. 18, 1986, 100 Stat. 1783–213, 1783-232, and Pub. L. 99–591, §101(f) [title V, §539], Oct. 30, 1986, 100 Stat. 3341–214, 3341-232.)

Codification

Section is from the Foreign Assistance and Related Programs Appropriations Act, 1987.

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Prior Provisions

A prior section 262l, Pub. L. 102–391, title V, §532, Oct. 6, 1992, 106 Stat. 1666, which related to environmental and energy initiatives, benchmarks, Global Warming Initiative, and appropriations, was transferred to section 262l–3 of this title.

Another prior section 262l, Pub. L. 101–167, title V, §533, Nov. 21, 1989, 103 Stat. 1225, is set out as a note below.

Another prior section 262l, Pub. L. 100–461, title V, §535, Oct. 1, 1988, 102 Stat. 2268–28, which related to sustainable use of natural resources and use of agricultural and industrial chemicals, was transferred to section 262l–2 of this title.

Another prior section 262l, Pub. L. 100–202, §101(e) [title V, §537], Dec. 22, 1987, 101 Stat. 1329–131, 1329-161; Pub. L. 101–240, title V, §541(d)(8), Dec. 19, 1989, 103 Stat. 2518, which related to sustainable economic growth and management of natural resources, environmental impact of loans, pest management, addition of trained professionals, and "early warning system", was transferred to section 262l–1 of this title.

Similar Provisions

Similar provisions were contained in the following appropriation acts:

Pub. L. 101–513, title V, §533, Nov. 5, 1990, 104 Stat. 2013, as amended by Pub. L. 102–27, title III, §308, Apr. 10, 1991, 105 Stat. 152.

Pub. L. 99–190, §101(i) [title V, §540], Dec. 19, 1985, 99 Stat. 1291, 1309.

Economic Growth To Be Predicated on Sustainable Management of Natural Resources; Global Climate Change

Pub. L. 101–167, title V, §533, Nov. 21, 1989, 103 Stat. 1225, provided that:

"(a) It is the policy of the United States that sustainable economic growth must be predicated on the sustainable management of natural resources. The Secretary of the Treasury shall instruct the United States Executive Directors of each multilateral development bank (MDB) to promote vigorously within each MDB the expansion of programs in areas which address the problems of global climate change through requirements to—

"(1) augment and expand the professional staff of each MDB with expertise in end-use energy efficiency and conservation and renewable energy;

"(2) develop methodologies which allow borrowing countries to include investments in end-use energy efficiency and renewable energy as explicit alternatives in the 'least cost' energy sector investments plans they prepare with MDB assistance. Such plans shall give priority to projects and programs which support energy conservation, end-use efficiency and renewable energy sources in major economic sectors, and shall compare the economic and environmental costs of those actions with the economic and environmental costs of investments in conventional energy supplies;

"(3) provide analysis for each proposed loan to support additional power generating capacity, comparing the economic and environmental costs of investments in demand reduction, including energy conservation and end-use energy efficiency, with the economic and environmental costs of the proposal;

"(4) assure that systematic, detailed environmental impact assessments (EIA) of proposed energy projects, or projects with potential significant environmental impacts, are conducted early in the project cycle. Assessments should include but not be limited to—

"(A) consideration of a wide range of alternatives to the proposed project including, where feasible, alternative investments in end-use energy efficiency and non-conventional renewable energy; and

"(B) encouragement and adoption of policies which allow for public participation in the EIA process;

"(5) include environmental costs in the economic assessment of the proposed projects with significant potential environmental impacts, or power projects, and if possible for all projects which involve expansion of generating capacity of more than 10 MW, develop a standard increase in project cost as a surrogate for the environmental costs;

"(6) encourage and promote end-use energy efficiency and renewable energy in negotiations of policy-based energy sector lending, and MDBs should consider not proceeding with policy-based sector loans which do not contain commitments from the borrowing country to devote a significant portion of its sector investments toward energy efficiency and renewable energy;

"(7) provide technical assistance as a component of all energy sector lending to help borrowing countries identify and pursue end-use energy efficiency investments. This technical assistance shall include support for detailed audits of energy use and the development of institutional capacity to promote end-use energy efficiency and conservation;

"(8) work with borrowing countries, with input from the public in both borrowing and donor countries, to develop loans for end-use energy efficiency and renewable energy, where possible 'bundling' small projects into larger, more easily financed projects; and

"(9) seek the convening of a special seminar for board members and senior staff of each MDB concerning alternate energy investment opportunities and end-use energy efficiency and conservation.

"(b) The Secretary of the Treasury as a part of the annual report to the Congress shall describe in detail, progress made by each of the MDBs in adopting and implementing programs meeting the standards set out in subsection (a), including in particular—

"(1) efforts by the Department of Treasury to assure implementation by each of the MDBs of programs substantially equivalent to those set out in this section, and results of such efforts;

"(2) progress made by each MDB in drafting and implementing least cost energy plans for each recipient country which meets requirements outlined in subsection (a)(2);

"(3) the absolute dollar amounts, and proportion of total lending in the energy sector, of loans and portions of loans, approved by each MDB in the previous year for projects or programs of end-use energy efficiency and conservation and renewable energy.

"(c) Not later than April 1, 1990, the Secretary of the Treasury shall request each MDB to prepare an analysis of the impact its current forestry sector loans will have on borrowing country emissions of CO2 and the status of proposals for specific forestry sector activities to reduce CO2 emissions.

"(d)(1) The Administrator of the Agency for International Development shall issue guidance to all Agency missions and bureaus detailing the elements of a 'Global Warming Initiative' which will emphasize the need to reduce emissions of greenhouse gases, especially CO2, through strategies consistent with their continued economic development. This initiative shall emphasize the need to accelerate sustainable development strategies in areas such as reforestation, biodiversity, end-use energy efficiency, least-cost energy planning, and renewable energy, and shall encourage mission directors to incorporate the elements of this initiative in developing their country programs.

"(2) The Agency for International Development shall—

"(A) increase the number and expertise of personnel devoted to end-use energy efficiency, renewable energy, and environmental activities in all bureaus and missions;

"(B) devote increased resources to technical training of mission directors, in energy planning, energy conservation, end-use energy efficiency, renewable energy, reforestation, and biodiversity;

"(C) accelerate the activities of the Multi-Agency Working Group on Power Sector Innovation to enable completion of case studies of at least ten countries in fiscal year 1990; and

"(D) devote at least 10 percent of the resources allocated for forestry activities to the preservation and restoration (as opposed to management for extraction) of natural forests.

"(3) Funds appropriated by this Act [see Tables for classification] to carry out the provisions of sections 103 to 106 of the Foreign Assistance Act of 1961 [22 U.S.C. 2151a to 2151d] may be used to reimburse the full cost of technical personnel detailed or assigned to, or contracted by, the Agency for International Development to provide expertise in the environmental sector.

"(4)(A) [Amended section 2151q of this title.]

"(B) Not less than $10,000,000 of the funds appropriated to carry out the provisions of sections 103 through 106 of such Act [22 U.S.C. 2151a to 2151d] (including funds for sub-Saharan Africa) shall be made available for biological diversity activities, of which $2,000,000 shall be made available for the Parks in Peril project, pursuant to the authority of section 119(b) [of the Foreign Assistance Act of 1961, 22 U.S.C. 2151q(b)] and $1,000,000 shall be available for the National Science Foundation's international biological diversity program.

"(C) Funds obligated in prior fiscal years pursuant to the authority of section 119(b) may be expended in fiscal year 1990 pursuant to the authority of such section as amended by subparagraph (A).

"(e) The Secretary of the Treasury shall—

"(1) instruct the United States Executive Directors to the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the African Development Bank, the Asian Development Bank, and the International Monetary Fund, to actively support lending portfolios which allow debtor developing countries to reduce or restructure debt in concert with the sustainable use of their natural resources. As a part of any such debt restructuring program, the United States Executive Director should require a thorough review of opportunities this initiative may offer for providing additional financial resources for the management of natural resources. The Secretary shall submit a report to the Committees on Appropriations on the progress of this program by April 30, 1990;

"(2) instruct the United States Executive Directors to the international financial institutions to seek the support of other donor countries in the implementation of this policy; and

"(3) instruct the United States Executive Director to the International Bank for Reconstruction and Development to actively seek the implementation by the World Bank of the recommendations set forth in its April 1, 1988, report on 'Debt-for-Nature swaps', including the setting up of a pilot debt-for-nature swap program in one or more interested countries. The Secretary shall submit a progress report on the implementation of this program to the Committees on Appropriations by April 1, 1990.

"(f) The Secretary of the Treasury shall seek to incorporate natural resource management initiatives throughout the implementation of the Brady Plan. The Secretary shall submit to the Committees on Appropriations a report by April 15, 1990, describing how such initiatives have been incorporated into the Brady Plan and identifying any such initiatives undertaken to date.

"(g) The Secretary of the Treasury shall instruct the United States Executive Director to the Inter-American Development Bank to—

"(1) seek implementation of the environmental reform measures agreed to as part of the Bank's 7th Replenishment;

"(2) seek adoption of Bank policies regarding indigenous people, relations with nongovernmental organizations, and the protection of wildlife and unique natural and cultural features;

"(3) require the Bank to demonstrate how it has improved, and will improve, the monitoring of environmental and social components of loans; and

"(4) within four months after the date of enactment of this Act [Nov. 21, 1989] report to the Committees on Appropriations on the progress the Bank has made in implementing each of these reforms."

1 So in original. The period probably should be a semicolon.

§262l–1. Sustainable economic growth and management of natural resources; environmental impact of loans; pest management; addition of trained professionals; "early warning system"

(a) Implementation of programs to promote sustainable economic growth and management of natural resources; instructions to Executive Directors of Multilateral Development Banks

It is the policy of the United States that participation in international financial institutions is predicated on the implementation of programs to promote environmentally sustainable economic growth and sustainable management of natural resources. The Secretary of the Treasury shall instruct the United States Executive Directors of the Multilateral Development Banks (MDB's) to continue to vigorously promote a commitment of these institutions to—

(1) add appropriately trained professional staff with expertise, and rigorously strengthen existing staffs' training in ecology and related areas;

(2) develop and implement management plans to ensure systematic environmental review of all projects;

(3) fully inform and involve host country environmental and health officials (Federal and local) and nongovernmental environmental and indigenous peoples organizations at all stages of the project cycle in environmentally sensitive projects as well as in policy based lending to ensure the active participation of local communities and non-governmental organizations in the planning of projects that may adversely affect them;

(4) substantially increase the proportion of lending supporting environmentally beneficial projects and project components, including but not limited to technical assistance for environmental ministries and institutions, resource rehabilitation projects and project components, protection of indigenous peoples, and appropriate light capital technology projects. Other examples of such projects include small scale mixed farming and multiple cropping, agroforestry, programs to promote kitchen gardens, watershed management and rehabilitation, high yield wood lots, integrated pest management systems, dune stabilization programs, programs to improve energy efficiency, energy efficient technologies such as small scale hydro projects, solar, wind and biomass energy systems, rural and mobile telecommunications systems, and improved efficiency and management of irrigation systems; and

(5) conduct analyses of the comparative costs of new generating facilities with the cost of increasing energy efficiency in the project service area.

(b) Environmental impact of loans; instructions to Executive Directors

The Secretary of the Treasury shall instruct the United States Executive Directors of the MDB's and, where appropriate, the International Monetary Fund (IMF) to—

(1) promote the requirement that all country lending strategies, policy based loans and adjustment programs contain analyses of the impact of such activities on the natural resources, potential for sustainable development, and legal protections for the land rights of indigenous peoples;

(2) promote the establishment of programs of policy-based lending in order to improve natural resource management, environmental quality, and protection of biological diversity;

(3) seek a commitment of these institutions to promote the conservation of wetlands, tropical forests, and other unique biological and highly productive ecosystems.

(c) Repealed. Pub. L. 101–240, title V, §541(d)(8), Dec. 19, 1989, 103 Stat. 2518

(d) Pest management

In order to promote sustainable and non-chemical dependent agriculture, the Secretary of the Treasury shall instruct the United States Executive Directors of the MDB's to initiate discussions with other directors of the MDB's to propose that policies be established that integrated pest management and biological control of pests be a preferential and priority approach to pest management on all bank sponsored agricultural projects.

(e) Instructions to Executive Director to IMF

The Secretary of the Treasury shall instruct the United States Executive Director to the International Monetary Fund to promote the requirement that the IMF conduct an in-depth analysis of the impact of its adjustment policies and conditionality of its lending facilities on the environment, public health, natural resources and indigenous people.

(f) Support of donor nations for additional trained professionals

No later than March 30, 1988, the Secretary of State and the Administrator of the Agency for International Development shall initiate discussions with other donor nations, to explore ways in which said donor nations can support the addition of professionals trained in environmental and socio-cultural impact analysis to the Inter-American Development Bank, Asian Development Bank and African Development Bank. On the basis of such discussions the Secretary of State and the Administrator of the Agency for International Development shall provide resources, including professional staff on loan, and/or financial support, to ensure with other donor nations the addition of sufficient staff trained in environmental and socio-cultural impact analysis to each of the above named regional development banks.

(g) Bilateral and multilateral discussions to strengthen environmental performance of Multilateral Development Banks

The Secretary of the Treasury and the Secretary of State, in cooperation with the Administrator of the Agency for International Development, shall conduct bilateral and multilateral discussions with other members of the MDB's to further strengthen the environmental performance of each bank. These discussions shall include, but not be limited to organizational, administrative and procedural arrangements to remove impediments to the efficient and effective management of assistance programs necessary to protect and ensure the sustainable use of natural resources and to carry out such assistance programs in consultation with affected local communities.

(h) Operation of "early warning system"

The Administrator of the Agency for International Development, in consultation with the Secretaries of Treasury and State, shall continue, and work to enhance, the operation of the "early warning system", by—

(1) instructing overseas missions of the Agency for International Development and embassies of the United States to analyze the impacts of Multilateral Development Bank loans well in advance of a loan's approval. Such reviews shall address the economic viability of the project; adverse impacts on the environment, natural resources, public health, and indigenous peoples; and recommendations as to measures, including alternatives, that could eliminate or mitigate adverse impacts. If not classified under the national security system of classification, such information shall be made available to the public;

(2) compiling a list of proposed Multilateral Development Bank loans likely to have adverse impacts on the environment, natural resources, public health, or indigenous peoples. The list shall contain the information identified in paragraph (1), shall be updated in consultation with interested members of the public, and shall be made available to the Committees on Appropriations by April 1, 1988 and semiannually thereafter; and

(3) creating a cooperative mechanism for sharing information collected through the "early warning system" with interested donor and borrowing nations and encouraging the Multilateral Development Banks to institute a similar system.

(i) Adverse impacts to environment, natural resources, or indigenous peoples; instructions to Executive Director of appropriate Multilateral Development Bank

If a review required by subsection (h) identifies adverse impacts to the environment, natural resources, or indigenous peoples, the Secretary of the Treasury shall instruct the United States Executive Director of the appropriate MDB to seek changes to the project necessary to eliminate or mitigate those impacts.

(j) Report by February 1, 1988

The Committee on Health and Environment of the Agency for International Development, called for in section 262l(i) of this title, shall report its findings to the Committees on Appropriations by February 1, 1988.

(k) Report by August 1, 1988

The Secretary of State, in consultation with the Secretary of the Treasury, the Administrator of the Agency for International Development, other appropriate Federal agencies, and interested members of the public, shall prepare and submit to the Committees on Appropriations and the appropriate authorizing committees by August 1, 1988, a report on a comprehensive strategy for maximizing the use of foreign assistance provided by the United States through multilateral and bilateral development agencies to address natural resources problems, such as desertification, tropical deforestation, the loss of wetlands, soil conservation, preservation of wildlife and biological diversity, estuaries and fisheries, croplands and grasslands. The report shall include, but not be limited to—

(1) an identification of the multilateral and bilateral agencies funded in part or in whole by the United States Government, whose activities have, or could have, a significant impact on sustainable natural resource use, and the rights and welfare of indigenous people, in the developing countries;

(2) a description of the internal policies and procedures by which each of these agencies addresses these issues, as well as a description of their own organizational structures for doing so;

(3) an assessment of how the funds contributed by the United States to these agencies can best be used in the future to address these issues.

(Pub. L. 100–202, §101(e) [title V, §537], Dec. 22, 1987, 101 Stat. 1329–131, 1329-161; Pub. L. 101–240, title V, §541(d)(8), Dec. 19, 1989, 103 Stat. 2518.)

Codification

Section is from the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988.

Section was formerly classified to section 262l of this title.

Amendments

1989—Subsec. (c). Pub. L. 101–240 struck out subsec. (c) which related to "debt for conservation" initiatives.

§262l–2. Sustainable use of natural resources; use of agricultural and industrial chemicals

(a) Instructions to Executive Directors of Multilateral Development Banks

It is the policy of the United States that sustainable economic growth must be predicated on sustainable use of natural resources. The Secretary of the Treasury shall instruct the United States Executive Directors of the Multilateral Development Banks (MDB's) to—

(1) promote the adoption of internal guidelines requiring the use of least-cost planning techniques in evaluating proposed energy loans, and consider refusal to support power generation, utilization or energy sector loans unless cost-effective conservation measures have been fully evaluated and considered;

(2) encourage each MDB to offer technical assistance to borrower nations in preparing national energy plans. Special emphasis shall be given to least-cost analysis in making decisions on energy use and development, and such analyses shall take into account all demand-side as well as supply-side options;

(3) promote expansion of MDB expertise in the areas of energy conservation and renewable energy sources;

(4) promote the adoption of lending strategies which place increased emphasis on energy conservation and efficiency as opposed to merely increasing generating capacity;

(5) promote adoption of policies which minimize emissions of greenhouse gases;

(6) promote the adoption of lending strategies that place increased emphasis on energy efficient transportation programs. Such strategies shall consider alternatives to conventional mechanized transport such as nonmotorized vehicles, public transport and increased energy and cost efficiency of transportation systems; and

(7) promote the use of existing and the development of new mechanisms to promote conservation of biological diversity. Existing resources to be consulted shall include but not be limited to Conservation Data Centers.

(b) Bilateral and multilateral discussions to strengthen environmental performance of Multilateral Development Banks

The Secretary of the Treasury and the Secretary of State, in cooperation with the Administrator of the Agency for International Development, shall conduct bilateral and multilateral discussions with other members of the MDB's to further strengthen the environmental performance of each bank. These discussions shall include, but not be limited to organizational, administrative and procedural arrangements to remove impediments to the efficient and effective management of assistance programs necessary to protect and ensure the sustainable use of natural resources and to carry out such assistance programs in consultation with affected local communities.

(c) Duties of Administrator of Agency for International Development

The Administrator of the Agency for International Development shall—

(1) in the submission of future "early warning system" reports, as required by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, make use of resources that promote the conservation of biological diversity, such as Conservation Data Centers;

(2) submit a report to the Committees on Appropriations, by January 15, 1989, on the Agency's activities and practices which encourage or discourage the use of renewable energy technologies overseas, and on ways to correct or refocus those efforts. This report shall include but is not limited to Agency activities which could be directed to develop a stronger interface with the private sector through the establishment of a United States Renewable Energy Industry Advisory Council;

(3) issue guidance to all Agency missions stating that renewable energy resources and conservation are to be the centerpiece of its energy efforts, and meeting energy needs through these means shall be discussed in every Country Development Strategy Statement; and

(4) take steps to implement recommendations set forth by a report of the Committee on Health and Environment on opportunities for the Agency to assist developing countries in the proper use of agricultural and industrial chemicals.

(Pub. L. 100–461, title V, §535, Oct. 1, 1988, 102 Stat. 2268–28.)

References in Text

The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, referred to in subsec. (c)(1), is Pub. L. 100–202, §101(e), Dec. 22, 1987, 101 Stat. 1329–131. The "early warning system" reports refer to the reports required by section 537(h)(1) of the Act (Pub. L. 100–202, §101(e) [title V, §537(h)(1)]), which is classified to section 262l–1(h)(1) of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section is from the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989.

Section was formerly classified to section 262l of this title.

§262l–3. Environmental and energy initiatives; benchmarks; Global Warming Initiative; appropriations

(a) Instructions to Executive Directors of Multilateral Development Banks

It is the policy of the United States that sustainable economic growth must be predicated on the sustainable management of natural resources. The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank (MDB) to continue to promote vigorously the environmental and energy initiatives established in section 533(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513). The Secretary of the Treasury, in cooperation with the Secretary of State, shall also undertake direct, bilateral discussions with appropriate officials of the governments of the member nations of the Organization for Economic Cooperation and Development with a goal of building greater international support for the environmental goals established in subsection (d) of this section. The Secretary of the Treasury shall submit a report to the Committees on Appropriations by March 1, 1993, which describes the progress of these bilateral discussions.

(b) Report to Congress

The Secretary of the Treasury shall, not later than March 1, 1993, submit a report to the Congress containing the same information as requested in section 533(b) of Public Law 101–513.

(c) Improved environmental performance; benchmarks

(1) In furtherance of the policies contained in section 533(a) of Public Law 101–513 and section 1308 1 of the International Development and Finance Act of 1989 (Public Law 101–240), and as a basis for measuring more effectively progress by the MDBs toward improved environmental performance, the Secretary of the Treasury shall instruct the United States Executive Directors of the MDBs to encourage each MDB, at a minimum, to meet the benchmarks established in paragraph (2) in the areas of sustainable energy development, forest conservation, forced displacement of populations, and environmental impact assessment. On March 1, 1993 and March 1, 1994, the Secretary of the Treasury shall submit a report to the Congress describing in detail the progress being made by the MDBs in meeting these benchmarks.

(2) For the purposes of paragraph (1), benchmarks are as follows:

(A) In the area of sustainable energy development—

(i) all loans in the energy sector should be based on, or support development of, "least-cost" integrated resource plans. Such plans shall include analyses of possible end-use energy efficiency measures and nonconventional renewable energy options, and such plans shall reflect the quantifiable environmental costs of proposed energy developments;

(ii) a substantial portion of loans and grants in the energy, industry, and transportation sectors shall be devoted to end-use energy efficiency improvements and nonconventional renewable energy development; and

(iii) all organizational units within the MDBs should create staff positions in a management role in end-use efficiency and renewable energy, which positions shall be staffed by individuals with professional experience in program design and management and educational degrees in relevant technical disciplines.


(B) In the area of forest conservation—

(i) forestry loans should not support commercial logging in relatively undisturbed primary forests, nor should loans result in any significant loss of tropical forests;

(ii) forestry loans should not be disbursed until legal, economic, land tenure, and other policy conditions needed to ensure sustainability are in place;

(iii) loans should not support mineral, petroleum, or other industrial development in, or construction or upgrading of roads through, relatively undisturbed primary forests unless adequate safeguards and monitoring systems, developed in consultation with local populations, are already in place to prevent degradation of the surrounding forests;

(iv) loans should be consistent with and support the needs and rights of indigenous peoples and other long-term forest inhabitants and should not be made to countries which have shown an unwillingness to resolve fairly the territorial claims of such people; and

(v) support for protection of biological diversity, in close consultation with local communities, should be increased to account for a larger proportion of MDB lending.


(C) In the area of forced displacement of populations—

(i) the World Bank, Inter-American Development Bank, and Asian Development Bank should maintain a listing, available to the Secretary of the Treasury, of all ongoing projects involving forced displacement of populations, including the number of people displaced and a report on the status of the implementation of their resettlement policy guidelines for each such project, and obtain agreements with borrowers to ensure that all ongoing projects involving forced displacement will be in full compliance with their resettlement policy guidelines by mid-1993; and

(ii) the African Development Bank should adopt and implement policy guidelines on forced displacement similar to such guidelines of the other MDBs.


(D) In the area of procedures for environmental impact assessment (EIA)—

(i) each MDB should require that draft and final EIA reports be made available to the public in borrowing and donor countries and that the public be offered timely opportunities for comment on the EIA process, including initial scoping sessions, review of EIA categories assigned to individual projects, and opportunities to comment on draft and final EIA reports;

(ii) each MDB should apply EIA requirements to all sector loans and develop and apply the methodology for environmental assessment of structural adjustment loans;

(iii) each MDB should require that the EIA process include analyses of the potential impacts of proposed projects on the global environment; and

(iv) each MDB should require the head of the appropriate environmental unit, rather than project officers, determine the appropriate type of environmental analysis required under the bank's EIA procedures.

(d) Global Warming Initiative

The Administrator of the Agency for International Development shall instruct all Agency missions and bureaus to continue to implement all elements of the "Global Warming Initiative" as defined in, and which may continue under, the authorities of sections 2 533(c)(1) through (4) of Public Law 101–513. The Initiative shall continue to emphasize the need to reduce emissions of greenhouse gases through strategies consistent with continued economic development, such as forest conservation, end-use energy efficiency, least-cost energy planning, and renewable energy development. The Administrator shall direct Agency mission directors to incorporate these strategies in their country programs.

(e) Environment and energy activities

Of the funds appropriated by this Act under the headings in title II of this Act under "Agency for International Development", not less than $650,000,000 shall be made available for environment and energy activities, including funds earmarked under section 533 of this Act, including the following—

(1) Not less than $20,000,000 of the aggregate of the funds appropriated to carry out the provisions of sections 103 through 106 and chapter 10 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151a–2151d; 2293 et seq.] shall be made available for biological diversity activities, of which $5,000,000 shall be made available for the Parks in Peril project pursuant to the authority of section 119(b) of that Act [22 U.S.C. 2151q(b)]; $1,500,000 shall be for the National Science Foundation's international biological diversity program; $750,000 shall be for the Neotropical Bird Conservation Initiative of the National Fish and Wildlife Foundation; and up to $2,000,000 shall be for Project Noah;

(2) Not less than $15,000,000 of the funds appropriated for the Development Assistance Fund and to carry out the provisions of chapter 10 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2293 et seq.] shall be made available to support replicable renewable energy projects, and the Agency for International Development shall initiate at least five significant new activities in renewable energy during fiscal year 1993;

(3) Not less than $7,000,000 of the funds appropriated for the Development Assistance Fund and to carry out the provisions of chapter 10 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2293 et seq.] shall be made available for assistance in support of elephant conservation and preservation;

(4) Not less than $25,000,000 of the funds appropriated for the Development Assistance Fund shall be made available for the Office of Energy of the Agency for International Development; and

(5) Up to $50,000,000 of the funds appropriated to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.] may be made available to carry out the "Forests for the Future Initiative" and to achieve a Global Forest Agreement.

(f) International development and economic support

Of the funds appropriated by this Act to carry out the provisions of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.; 2346 et seq.], the Agency for International Development should, to the extent feasible and inclusive of funds earmarked under subsection (e) of this section, target assistance for the following activities:

(1) $50,000,000 for projects associated with the Global Environment Facility;

(2) a total of $10,000,000 for CORECT, the Environmental Technology Export Council, and the International Fund for Renewable Energy Efficiency; and

(3) $55,000,000 for activities consistent with the Global Warming Initiative.

(g) Development Assistance Fund and Development Fund for Africa

Funds appropriated by this Act or any subsequent Act for the Development Assistance Fund and the Development Fund for Africa may be used for expenses (including related support costs) relating to the environment and energy sectors, of individuals detailed to or employed by the Agency for International Development, particularly those involved with the "Global Warning 3  Initiative" described in this subsection.4

(h) Conservation and biological diversity in Africa

Of the funds appropriated by this Act to carry out the provisions of section 2763 of this title, not less than $15,000,000 shall be made available to countries in Africa for programs which support conservation and biological diversity.

(Pub. L. 102–391, title V, §532, Oct. 6, 1992, 106 Stat. 1666.)

References in Text

Section 533 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, referred to in subsecs. (a), (b), (c)(1), and (d), is section 533 of Pub. L. 101–513, which was formerly classified to section 262l of this title.

Section 1308 of the International Development and Finance Act of 1989 (Public Law 101–240), referred to in subsec. (c)(1), probably means a reference to the section 1308 of Pub. L. 95–118, the International Financial Institutions Act, which was added by section 521 of Pub. L. 101–240, and subsequently renumbered section 1307 of Pub. L. 95–118 by section 541(f)(4) of Pub. L. 101–240, and is classified to section 262m–7 of this title. Pub. L. 101–240 does not contain a section 1308.

This Act, referred to in subsecs. (e) to (h), is Pub. L. 102–391, Oct. 6, 1992, 106 Stat. 1633, known as the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993. Provisions under the headings in title II of this Act under "Agency for International Development" appear at 106 Stat. 1638 et seq. and are not classified to the Code except for an undesignated par. that was formerly set out as a note under section 2151u of this title. Section 533 of the Act is not classified to the Code. For complete classification of this Act to the Code, see Tables.

The Foreign Assistance Act of 1961, referred to in subsecs. (e)(1) to (3), (5) and (f), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§2151 et seq.) of chapter 32 of this title. For provisions deeming references to subchapter I to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of chapter 32, see section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. Sections 103 to 106 of the Act are classified to section 2151a to 2151d of this title. For provisions deeming references to sections 2151a to 2151d of this title to include a reference to section 2293 of this title, see section 2293(d)(1) of this title. Chapter 10 of part I of the Act is classified generally to part X (§2293 et seq.) of subchapter I of chapter 32 of this title. Chapter 4 of part II of the Act is classified generally to part IV (§2346 et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

Codification

Section is from the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993.

Section was formerly classified to section 262l of this title.

1 See References in Text note below.

2 So in original. Probably should be "section".

3 So in original. Probably should be "Warming".

4 So in original. Probably should be "section."

§262m. Congressional findings and policies for multilateral development banks respecting environment, public health, natural resources, and indigenous peoples

The Congress finds that—

(1) United States assistance to the multilateral development banks should promote sustainable use of natural resources and the protection of the environment, public health, and the status of indigenous peoples in developing countries;

(2) multilateral development bank projects, policies, and loans have failed in some cases to provide adequate safeguards for the environment, public health, natural resources, and indigenous peoples;

(3) many development efforts of the multilateral development banks are more enduring and less costly if based on consultations with directly affected population groups and communities;

(4) developing country governments sometimes do not ensure that appropriate policies and procedures are in place to use natural resources sustainably or consult with affected population groups and communities, where costs could be reduced or benefits made more enduring; and

(5) in general, the multilateral development banks do not yet provide systematic and adequate assistance to their borrowers to encourage sustainable resource use and consultation with affected communities, where costs could be reduced or benefits made more enduring.

(Pub. L. 95–118, title XIII, §1301, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)

Codification

Section 1301 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

§262m–1. Environmental performance of banks; mechanisms for improvement

The Secretary of the Treasury and the Secretary of State, in cooperation with the Administrator of the Agency for International Development, shall vigorously promote mechanisms to strengthen the environmental performance of these banks. These mechanisms shall include strengthening organizational, administrative, and procedural arrangements within the banks which will substantially improve management of assistance programs necessary to ensure the sustainable use of natural resources and the protection of indigenous peoples.

(Pub. L. 95–118, title XIII, §1302, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)

Codification

Section 1302 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

Definitions

The definition in section 262p of this title applies to this section.

§262m–2. Environmental impact of assistance proposals

(a) Analysis by agencies, United States embassies and overseas missions of Agency for International Development; factors considered; affirmative investigation of adverse impacts; availability of information to public

(1) In the course of reviewing assistance proposals of the multilateral development banks, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall ensure that other agencies and appropriate United States embassies and overseas missions of the Agency for International Development are instructed to analyze, where feasible, the environmental impacts of multilateral development loans well in advance of such loans' approval by the relevant institutions to determine whether the proposals will contribute to the sustainable development of the borrowing country.

(2) To the extent possible, such reviews shall address the economic viability of the project, adverse impacts on the environment, natural resources, public health, and indigenous peoples, and recommendations as to measures, including alternatives, that could eliminate or mitigate adverse impacts.

(3) If there is reason to believe that any such loan is particularly likely to have substantial adverse impacts, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall ensure that an affirmative investigation of such impacts is undertaken in consultation with relevant Federal agencies. If not classified under the national security system of classification, the information collected pursuant to this paragraph shall be made available to the public.

(b) Evaluation by major shareholder governments prior to bank action on assistance proposals

(1) The Secretary of the Treasury shall instruct the Executive Directors representing the United States at the multilateral development banks as defined in section 262m–7(g) of this title to urge the management and other directors of each such bank, to provide sufficient time between the circulation of assistance proposals and bank action on those proposals, in order to permit their evaluation by major shareholder governments.

(2) The Secretary of the Treasury shall instruct such Executive Directors to work with other countries' Executive Directors and multilateral development bank management to—

(A) improve the procedures of each multilateral development bank for providing its board of directors with a complete and accurate record regarding public consultation before they vote on proposed projects with significant environmental implications; and

(B) revise bank procedures to consistently require public consultation on operational policy proposals or revisions that have significant environmental or social implications.


(3) Progress under this subsection shall be incorporated into Treasury's required annual report to Congress on the environmental performance of the multilateral development banks.

(c) Identification of proposals likely to have adverse impact; transmittal to Congress

Based on the information obtained during the evaluation referred to in subsection (a) and other available information, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall identify those assistance proposals likely to have adverse impacts on the environment, natural resources, public health, or indigenous peoples. The proposals so identified shall be transmitted to the Committee on Appropriations and the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, not later than June 30 and December 31 of each year following December 22, 1987.

(d) Reports to Executive Directors; elimination or mitigation of adverse impacts

The Secretary of the Treasury shall forward reports concerning information received under subsection (a) to the Executive Director representing the United States in the appropriate bank with instructions to seek to eliminate or mitigate adverse impacts which may result from the proposal.

(Pub. L. 95–118, title XIII, §1303, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134; amended Pub. L. 108–447, div. D, title V, §593(b), Dec. 8, 2004, 118 Stat. 3037.)

Codification

Section 1303 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

Amendments

2004—Subsec. (b). Pub. L. 108–447, §593(b), designated existing provisions as par. (1) and added pars. (2) and (3).

Subsec. (b)(1). Pub. L. 108–447, §593(b)(1), which directed amendment of par. (1) by substituting "multilateral development banks as defined in section 262m–7(g) of this title" for "International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank", was executed by making substitution for "International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank", to reflect the probable intent of Congress.

Change of Name

Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services 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 Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

§262m–3. Cooperative information exchange system

The Secretary of the Treasury, in consultation with the Secretary of State and the Administrator of the Agency for International Development, shall create a system for cooperative exchange of information with other interested member countries on assistance proposals of the multilateral development banks.

(Pub. L. 95–118, title XIII, §1304, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)

Codification

Section 1304 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

§262m–4. Environmental educational and training programs for mid-level bank managers and officials of borrowing countries

The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development banks to support the strengthening of educational programs within each multilateral development bank to improve the capacity of mid-level managers to initiate and manage environmental aspects of development activities, and to train officials of borrowing countries in the conduct of environmental analyses.

(Pub. L. 95–118, title XIII, §1305, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)

Codification

Section 1305 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

§262m–5. Environmental impact statements; factors considered; promotion of activities by United States Executive Directors

(a) The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vigorously and continuously urge that each bank identify and develop methods and procedures to insure that in addition to economic and technical considerations, unquantified environmental values be given appropriate consideration in decisionmaking, and include in the documents circulated to the Board of Executive Directors concerning each assistance proposal a detailed statement, to include assessment of the benefits and costs of environmental impacts and possible mitigating measures, on the environmental impact of the proposed action, any adverse environmental effects which cannot be avoided if the proposal is implemented, and alternatives to the proposed action.

(b) The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vigorously and continuously promote—

(1) increases in the proportion of loans supporting environmentally beneficial policies, projects, and project components;

(2) the establishment of environmental programs in appropriate policy-based loans for the purpose of improving natural resource management, environmental quality, and protection of biological diversity;

(3) increases in the proportion of staff with professional training and experience in ecology and related areas and in the areas of anthropological and sociological impact analysis to ensure systematic appraisal and monitoring of environmental and sociocultural impacts of projects and policies;

(4) active and systematic encouragement of participation by borrowing countries nongovernmental environmental, community and indigenous peoples' organizations at all stages of preparations for country lending strategies, policy based loans, and loans that may have adverse environmental or sociocultural impacts; and

(5) full availability to concerned or affected nongovernmental and community organization, early in the preparation phase and at all subsequent stages of planning of full documentary information concerning details of design and potential environmental and sociocultural impacts of proposed loans.

(Pub. L. 95–118, title XIII, §1306, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)

Codification

Section 1306 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

§262m–6. Repealed. Pub. L. 101–240, title V, §541(d)(4), Dec. 19, 1989, 103 Stat. 2518

Section, Pub. L. 95–118, title XIII, §1307, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134, required annual reports to Congress on environmental policies.

§262m–7. Assessment of environmental impact of proposed multilateral development bank actions

(a) Assessment required before favorable vote on proposal

The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank not to vote in favor of any proposal (including but not limited to any loan, credit, grant, guarantee) which would result or be likely to result in significant impact on the environment, unless the Secretary, after consultation with the Secretary of State and the Administrators of the United States Agency for International Development and the Environmental Protection Agency, determines that for at least 120 days before the date of the vote—

(1) an assessment analyzing the environmental impacts of the proposed action, including associated and cumulative impacts, and of alternatives to the proposed action, has been completed by the borrower or the bank and has been made available to the board of directors of the bank; and

(2) such assessment or a comprehensive summary of the assessment (with proprietary information redacted) has been made available to affected groups, and local nongovernmental organizations and notice of its availability in the country and at the bank has been posted on the bank's website.

(b) Access to assessments in all member countries

The Secretary of the Treasury shall seek the adoption of policies and procedures, through discussions and negotiations with the other member countries of the multilateral development banks and with the management of such banks, which result in access by governmental agencies and interested members of the public of such member countries, to environmental assessments or documentary information containing comprehensive summaries of such assessments which discuss the environmental impact of prospective projects and programs being considered by such banks. Such assessments or summaries should be made available to such governmental agencies and interested members of the public at least 120 days before scheduled board action, and public participation in review of the relevant environmental information should be encouraged.

(c) Consideration of assessment

The Secretary of the Treasury shall—

(1) ensure that an environmental impact assessment or comprehensive summary of such assessment described in subsection (a) accompanies loan proposals through the agency review process; and

(2) take into consideration recommendations from all other interested Federal agencies and interested members of the public.

(d) Development of procedures for systematic environmental assessment

The Secretary of the Treasury, in consultation with other Federal agencies, including the Environmental Protection Agency, the Department of State, and the Council on Environmental Quality, shall—

(1) instruct the United States Executive Director of each multilateral development bank to initiate discussions with the other executive directors of the respective bank and to propose that the respective bank develop and make available to member governments of, and borrowers from, the respective bank, within 18 months after December 19, 1989, a procedure for the systematic environmental assessment of development projects for which the respective bank provides financial assistance, taking into consideration the Guidelines and Principles for Environmental Impact Assessment promulgated by the United Nations Environmental Programme and other bilateral or multilateral assessment procedures; and

(2) in determining the position of the United States on any action proposed to be taken by a multilateral development bank, develop and prescribe procedures for the consideration of, among other things—

(A) the environmental impact assessment of the action described in subsection (a);

(B) interagency and public review of such assessment; and

(C) other environmental review and consultation of such action that is required by other law.

(e) Use of United States personnel

The Secretary of the Treasury, in consultation with the Secretary of State, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Chairman of the Council on Environmental Quality, the Administrator of the Agency for International Development, and the Administrator of the National Oceanic and Atmospheric Administration, shall—

(1) make available to the multilateral development banks, without charge, appropriate United States Government personnel to assist in—

(A) training bank staff in environmental impact assessment procedures;

(B) providing advice on environmental issues;

(C) preparing environmental studies for projects with potentially significant environmental impacts; and

(D) preparing documents for public release, and developing procedures to provide for the inclusion of interested nongovernmental organizations in the environmental review process; and


(2) encourage other member countries of such banks to provide similar assistance.

(f) Reports

(1) In general

The Secretary of the Treasury shall submit to the Committees on Foreign Relations and Environment and Public Works of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives—

(A) not later than the end of the 1-year period beginning on December 19, 1989, a progress report on the efficacy of efforts by the United States to encourage consistent and timely environmental impact assessment of actions proposed to be taken by the multilateral development banks and on the progress made by the multilateral development banks in developing and instituting environmental assessment policies and procedures; and

(B) not later than January 1, 1993, a detailed report on the matters described in subparagraph (A).

(2) Availability of reports

The reports required by paragraph (1) shall be made available to the member governments of, and the borrowers from, the multilateral development banks, and to the public.

(g) Multilateral development bank defined

In this title,1 the term "multilateral development bank" means the International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the African Development Bank, the African Development Fund, the Asian Development Bank, the Inter-American Development Bank, the Inter-American Investment Corporation, any other institution (other than the International Monetary Fund) specified in section 262r(c)(2) of this title, and any subsidiary of any such institution.

(Pub. L. 95–118, title XIII, §1307, formerly §1308, as added and renumbered §1307, Pub. L. 101–240, title V, §§521, 541(f)(4), Dec. 19, 1989, 103 Stat. 2511, 2519; amended Pub. L. 105–118, title V, §560(b), Nov. 26, 1997, 111 Stat. 2426; Pub. L. 108–447, div. D, title V, §593(a), Dec. 8, 2004, 118 Stat. 3037.)

References in Text

This title, referred to in subsec. (g), is title XIII of Pub. L. 95–118, which is classified to sections 262m to 262m–7 of this title. For complete classification of title XIII to the Code, see Tables.

Amendments

2004—Subsec. (a). Pub. L. 108–447, §593(a)(1), added subsec. (a) and struck out former subsec. (a) which related to assessments required before favorable vote on action proposed to be taken by banks that would have a significant effect on the human environment.

Subsec. (g). Pub. L. 108–447, §593(a)(2), amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: "For purposes of this section, the term 'multilateral development bank' means any of the institutions named in section 262m–2(b) of this title, and the International Finance Corporation."

1997—Subsec. (a)(1)(A). Pub. L. 105–118, §560(b)(1), substituted "borrower" for "borrowing country".

Subsec. (a)(2)(A). Pub. L. 105–118, §560(b)(2), struck out "country" after "borrower".

Subsec. (g). Pub. L. 105–118, §560(b)(3), added subsec. (g).

Change of Name

Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services 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 Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

1 See References in Text note below.

§262m–8. Climate change mitigation and greenhouse gas accounting

(a) Use of greenhouse gas accounting

The Secretary of the Treasury shall seek to ensure that multilateral development banks (as defined in section 262r(c)(4) of this title) adopt and implement greenhouse gas accounting in analyzing the benefits and costs of individual projects (excluding those with de minimus greenhouse gas emissions) for which funding is sought from the bank.

(b) Expansion of climate change mitigation activities

The Secretary of the Treasury shall work to ensure that the multilateral development banks (as defined in section 262r(c)(4) of this title) expand their activities supporting climate change mitigation by—

(1) significantly expanding support for investments in energy efficiency and renewable energy, including zero carbon technologies;

(2) reviewing all proposed infrastructure investments to ensure that all opportunities for integrating energy efficiency measures have been considered;

(3) increasing the dialogue with the governments of developing countries regarding—

(A) analysis and policy measures needed for low carbon emission economic development; and

(B) reforms needed to promote private sector investments in energy efficiency and renewable energy, including zero carbon technologies; and


(4) integrate low carbon emission economic development objectives into multilateral development bank country strategies.

(c) Report to Congress

Not later than 1 year after June 24, 2009, and annually thereafter, the Secretary of the Treasury shall submit a report on the status of efforts to implement this section to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Financial Services and the Committee on Appropriations of the House of Representatives.

(Pub. L. 95–118, title XIII, §1308, as added Pub. L. 111–32, title XI, §1111, June 24, 2009, 123 Stat. 1903.)

Prior Provisions

A prior section 1308 of Pub. L. 95–118 was renumbered section 1307 and is classified to section 262m–7 of this title.

§262n. Congressional findings and policies respecting agricultural and commodity production

The Congress hereby finds the following:

(1) The financing of certain programs and projects by multilateral development banks has been of great concern insofar as the programs and projects have been detrimental to the interests of American farmers and the agribusiness sector.

(2) An increase in rural income in developing countries will generally result in an increase in exports of United States agricultural and food products.

(Pub. L. 95–118, title XIV, §1401, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)

Codification

Section 1401 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

Definitions

The definitions in section 262p–5 of this title apply to this section.

§262n–1. Increase in income and employment in developing countries; enhancement of purchasing power; diversification away from single crop or product economies

The Secretary of the Treasury, after consultations with the Secretary of Agriculture and the Secretary of the Interior (to the extent appropriate) on markets and prices for commodities, shall periodically instruct the United States Executive Director of each multilateral development bank to work with other executive directors of the respective bank to continue to—

(1) support activities which result in broad increases in income and employment and enhance purchasing power in developing countries, particularly among the rural poor; and

(2) encourage diversification away from single crop or product economies in developing countries to help reduce wide fluctuations in commodity prices and the adverse impact of abrupt changes in the terms of trade.

(Pub. L. 95–118, title XIV, §1402, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)

Codification

Section 1402 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

Definitions

The definitions in section 262p–5 of this title apply to this section.

§262n–2. Financing projects for production of export commodities, products, or minerals in surplus in world markets discouraged; instructions by Secretary of the Treasury to United States Executive Directors

(a) The Secretary of the Treasury shall take all appropriate steps to discourage multilateral development banks from financing projects which will result in the production of commodities, products, or minerals for export that will be in surplus in world markets at the time such production begins.

(b) The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development banks to use the voice and vote of the United States in the respective banks—

(1) to oppose financing by the respective bank of projects which produce, or will produce, commodities, products, or minerals for export if—

(A) the commodity, product, or mineral is subsidized in a manner which is inconsistent with Article XVI.3 of the GATT 1994 as defined in section 3501(1)(B) of title 19, or Article 3.1(a) of the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19; and

(B) support from financial sources other than multilateral development banks does not accompany such financing; and


(2) to oppose financing by the respective bank for production of a commodity, product, or mineral for export which—

(A) is likely to be in surplus on world markets at the time such production begins; and

(B) when exported, is likely to cause injury to United States producers within the meaning of Article 15 of the Agreement on Subsidies and Countervailing Measures referred to in subparagraph (A).

(Pub. L. 95–118, title XIV, §1403, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134; amended Pub. L. 106–36, title I, §1002(b), June 25, 1999, 113 Stat. 133.)

Codification

Section 1403 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

Amendments

1999—Subsec. (b)(1)(A). Pub. L. 106–36, §1002(b)(1), substituted "GATT 1994 as defined in section 3501(1)(B) of title 19, or Article 3.1(a) of the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19" for "General Agreement on Tariffs and Trade or Article 10 of the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade".

Subsec. (b)(2)(B). Pub. L. 106–36, §1002(b)(2), substituted "Article 15 of the Agreement on Subsidies and Countervailing Measures referred to in subparagraph (A)" for "Article 6 of the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade".

Definitions

The definitions in section 262p–5 of this title apply to this section.

§262n–3. Reduction of barriers to agricultural trade

The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use aggressively the voice and vote of the United States to vigorously promote policies to encourage the opening of markets for agricultural commodities and products by requiring recipient countries to make efforts to reduce trade barriers.

(Pub. L. 95–118, title XIV, §1404, as added Pub. L. 105–277, div. A, §101(d) [title VI, §611], Oct. 21, 1998, 112 Stat. 2681–150, 2681-228.)

Definitions

The definitions in section 262p–5 of this title apply to this section.

§262o. Negotiations concerning replenishment or increase in capital; annual reports on implementation of lending policy goals

(a) In any negotiations concerning replenishment or an increase in capital for any multilateral development bank, the Secretary of the Treasury shall propose, as a principal point for negotiations, the following institutional reforms:

(1) The establishment of a unified program within each multilateral development bank to assess the extent to which bank lending benefits the least advantaged members of society, particularly women and the poor, and to increase the extent to which such members benefit from future bank lending.

(2) The establishment of an office or other administrative procedures within each multilateral development bank to—

(A) provide in-country liaison services for nongovernmental organizations operating at the community level;

(B) monitor the impact of project and nonproject lending on local populations; and

(C) ensure compliance with loan conditionalities, especially loan conditionalities relating to the protection of the quality of life of the poor and the rights of aboriginal minorities.


(3) A major increase in the number of members of the professional staff of each regional multilateral development bank with training in environmental or social impact analysis or natural science, including—

(A) recruitment of additional permanent professional staff; and

(B) training programs for existing staff members in these subject areas.


(4) With respect to the International Bank for Reconstruction and Development, the establishment of a program for policy-based lending to promote the sustainable use of renewable resources and the protection of the environment in borrowing countries.

(5) An increase in the length of any review period established by any multilateral development bank for board review of staff recommendations by such time as would be sufficient to allow the governments of member countries to review and comment on the staff recommendations before any action is taken by the board of directors of such bank on the recommendations.


(b) The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to request the management of such bank to prepare an annual report which identifies and describes the most exemplary lending practices or loan components implemented during the preceding year with respect to each of the following lending policy goals for each major borrowing country or country group:

(1) Benefit to the poor.

(2) Involvement of nongovernmental organizations and local and indigenous populations in loan design, implementation, planning, and monitoring.

(3) Integration of, consideration of, and concern for environmental quality and the sustainable use of natural resources into loan design, implementation, planning, and monitoring.

(4) Recognition of and support for the economic and social development of women.

(Pub. L. 95–118, title XV, §1501, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)

Codification

Section 1501 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

Definitions

The definitions in section 262p–5 of this title apply to this section.

§262o–1. Military spending by recipient countries; military involvement in economies of recipient countries

(a) Consideration of commitment to achieving certain goals

(1) 1 In general

The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as defined in section 262r(c)(2) of this title) to promote growth in the international economy by taking into account, when considering whether to support or oppose loan proposals at these institutions, the extent to which the recipient government has demonstrated a commitment to achieving the following goals:

(A) to provide accurate and complete data on the annual expenditures and receipts of the armed forces;

(B) to establish good and publicly accountable governance, including an end to excessive military involvement in the economy; and

(C) to make substantial reductions in excessive military spending and forces.

(b) Steps to achieve goals required

The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as so defined) to promote a policy at each institution under which—

(1) the respective institution monitors closely and, through regular policy consultations with recipient governments, seeks to influence the composition of public expenditure in favor of funding growth and development priorities and away from unproductive expenditure, including excessive military expenditures;

(2) the respective institution supports lending operations which assist efforts of recipient governments to promote good governance, including public participation, and reduce military expenditures; and

(3) the allocation of resources and the extension of credit by the respective institution takes into account the performance of recipient governments in the areas of good governance, ending excessive military involvement in the economy and reducing excessive military expenditures.

(Pub. L. 95–118, title XV, §1502, as added Pub. L. 103–306, title V, §526(d), Aug. 23, 1994, 108 Stat. 1633.)

Definitions

The definitions in section 262p–5 of this title apply to this section.