TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
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 of this title, repealed the Foreign Service Act of 1946 and further consolidated and revised the laws relating to the Foreign Service.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 Repealed.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.
Statutory Notes and Related Subsidiaries
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.
Statutory Notes and Related Subsidiaries
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.
§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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.
Statutory Notes and Related Subsidiaries
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.
Statutory Notes and Related Subsidiaries
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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
§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, and through the use of Department of State electronic systems, under such rules as the President shall designate and prescribe for and on behalf of the United States, and no other entity 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; Pub. L. 118–159, div. G, title LXXV, §7506, Dec. 23, 2024, 138 Stat. 2547.)
Editorial Notes
Amendments
2024—Pub. L. 118–159 inserted "and through the use of Department of State electronic systems," after "the insular possessions of the United States," and substituted "entity" for "person".
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.
Statutory Notes and Related Subsidiaries
Short Title of 2023 Amendment
Pub. L. 118–31, div. F, title LXI, §6114(a), Dec. 22, 2023, 137 Stat. 968, provided that: "This section [amending section 214 of this title] may be cited as the 'First Responders Passport Act'."
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'."
Passport System Reform and Backlog Prevention
Pub. L. 118–159, div. G, title LXXV, §7508, Dec. 23, 2024, 138 Stat. 2548, provided that:
"(a)
"(1) To maintain a service standard of processing a routine new or renewal adult passport application from document submission until mailing of final documents in an expeditious and reliable timeframe.
"(2) To maintain low passport fees and surcharges.
"(3) To ensure world-class technical, security, and cybersecurity standards for United States passports and the passport issuance process.
"(4) To minimize typographical, clerical, or picture-based errors.
"(5) To provide a streamlined customer experience for passport applicants.
"(6) To provide reasonably convenient passport services to United States citizens and nationals living a significant distance from a passport agency, particularly residents in a significant population center more than a 5-hour drive from a passport agency.
"(b)
"(1)
"(2)
"(A) Consistent with the Bureau's modernization plans and timelines, and subject to the availability of funds, the Secretary shall seek to enter into contracts or agreements as appropriate, for the establishment and maintenance of a mobile application to allow for applicant communication with the Department [of State], including document submission, application status tracking, virtual appointments, access to the notification of application errors, and allowing for passport holders to receive messages from the Department and communicate emergencies to the Department.
"(B) The Secretary may provide each passport applicant with the option of whether to use the mobile application described in subparagraph (A) or another service of the Department.
"(C) As a condition for awarding any contracts described in subparagraph (A), any awardees shall demonstrate they can begin tests on the solution within one year of the award of the contract and complete implementation, including bug fixes, cybersecurity audits, and customer service testing, not later than 2 years after the award of the contract.
"(D) Consistent with existing law, the Secretary shall seek to expand the online passport renewal system, including to accept electronic document submission for first-time adult applications as applicable, in addition to adult renewal applications, in sufficient volume to be able to accommodate most applications by the date that is 4 years after the date of the enactment of this Act [Dec. 23, 2024].
"(E) First-time applicants shall continue to verify their applications in-person subject to the requirements of section 1 of title IX of the Act of June 15, 1917 (22 U.S.C. 213).
"(F) To meet the objectives described in subparagraphs (D) and (E), the Secretary may, to the maximum extent practicable, make use of commercially available technology solutions, including entering into contracts or agreements as appropriate for the expansion and maintenance of the online passport renewal system to accommodate the functionality described in such subparagraphs.
"(G) In expanding the online passport renewal system pursuant to subparagraph (D), the following services should be included or otherwise accounted for:
"(i) A user-friendly internet website or portal to facilitate internet-based submission of passport applications by adults.
"(ii) To the extent possible, remote document verification tools and infrastructure to allow for a passport transaction to be completed entirely remotely.
"(iii) To the extent possible, information technology infrastructure not already maintained by the Department.
"(H)(i) The Secretary shall take all reasonable steps to implement additional rules-based tools to adjudicate passport renewals while maintaining human passport authorizing officers involved in the adjudication and issuance processes and should strongly consider commercially available technology solutions,
"(ii) The tools described in clause (i) shall be fully operational within 4 years of the date of the enactment of this Act.
"(iii) The Chief Information Officer shall ensure that the use of the tools do not make passport adjudication more vulnerable to cyberattack.
"(iv) The Secretary shall ensure that the tools described in clause (i) are implemented consistent with the maintenance of standards appropriate to ensuring the integrity of the United States passport.
"(I) In carrying out the requirements of this subsection, the Secretary shall consult with the Chief Information Officer of the Bureau of Consular Affairs, or other technical officer of the Department as appropriate, to ensure technical feasibility and specifications, cybersecurity requirements, compatibility with existing Department information technology infrastructure, and the feasibility of timelines from a technical standpoint.
"(J) The Secretary shall ensure the scalability and long-term viability and upgradability of any information technology systems developed or procured pursuant to this subsection.
"(3)
"(A)
"(B)
"(i) Progress made on implementing the information technology solutions described in paragraph (2) within specified timelines, and additional steps planned.
"(ii) The expected cost and timeline for implementation of the information technology solutions described in paragraph (2).
"(iii) An evaluation of the information technology solutions described in paragraph (2) to determine whether the full implementation of such solutions will require additional funding or authorities, including budget estimates and a description of such authorities, as appropriate.
"(iv) Efforts to ensure world-class cybersecurity standards for protection of passport applicant data and the passport issuance process infrastructure, particularly such infrastructure involved in adjudication of passport applications.
"(v) Other specific planned steps that the Bureau will take to achieve the criteria described in subsection (a).
"(4)
"(A) Progress on each information technology solution described in paragraph (2).
"(B) Additional information technology solutions the Bureau intends to adopt.
"(C) Changes in the cost for implementation of the steps described in the action plan, if applicable.
"(5)
"(c)
Special Hiring Authority for Passport Services
Pub. L. 118–31, div. F, title LXI, §6101, Dec. 22, 2023, 137 Stat. 965, provided that: "During the 3-year period beginning on the date of the enactment of this division [Dec. 22, 2023], the Secretary [of State], without regard to the provisions under sections 3309 through 3318 of title 5, United States Code, may directly appoint up to 80 candidates to positions in the competitive service (as defined in section 2102 of such title) at the Department [of State] in the Passport and Visa Examining Series 0967."
Passport Travel Advisories
Pub. L. 118–31, div. F, title LXI, §6103, Dec. 22, 2023, 137 Stat. 965, as amended by Pub. L. 118–159, div. G, title LXXVII, §7706(a), Dec. 23, 2024, 138 Stat. 2555, provided that: "Not later than 180 days after the date of the enactment of this division [Dec. 22, 2023], the Department [of State] shall make prominent in United States regular passports, on the first three pages of the passport, the following information:
"(1) A prominent, clear advisory for all travelers to check travel.state.gov for updated travel warnings and advisories.
"(2) A prominent, clear notice urging all travelers to register with the Department prior to overseas travel.
"(3) A prominent, clear advisory—
"(A) noting that many countries deny entry to travelers during the last 6 months of their passport validity period; and
"(B) urging all travelers to renew their passport not later than 1 year prior to its expiration."
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."
Executive Documents
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:
(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."
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.)
Editorial Notes
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.)
Editorial Notes
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.
(3) Clarification with respect to continuing registration
An individual may not be issued or reissued a passport without a unique identifier solely because the individual has moved or otherwise resides outside the United States.
(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; amended Pub. L. 117–347, title III, §323(b), Jan. 5, 2023, 136 Stat. 6207.)
Editorial Notes
Amendments
2023—Subsec. (b)(3). Pub. L. 117–347 added par. (3).
§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. Each passport application made available to potential applicants (DS–11) and each passport renewal application made available to current passport holders (DS–82) shall include a form that, if completed, indicates the applicant's consent to the disclosure of information otherwise protected under section 552a of title 5 (commonly known as the "Privacy Act of 1974") in the event such applicant is determined to be wrongfully detained by a foreign government. Declining to complete such form shall not affect the issuance of a passport to a qualified applicant or diplomatic efforts to secure the release of a United States national from the custody of a foreign government or entity.
(June 15, 1917, ch. 30, title IX, §1, 40 Stat. 227; Pub. L. 90–428, §3, July 26, 1968, 82 Stat. 446; Pub. L. 118–159, div. G, title LXXVII, §7706(b), Dec. 23, 2024, 138 Stat. 2555.)
Editorial Notes
Codification
Second sentence of act June 15, 1917, which related to fees for taking application for passport, was omitted as superseded by sections 214 to 217a of this title.
Amendments
2024—Pub. L. 118–159 inserted at end "Each passport application made available to potential applicants (DS–11) and each passport renewal application made available to current passport holders (DS–82) shall include a form that, if completed, indicates the applicant's consent to the disclosure of information otherwise protected under section 552a of title 5 (commonly known as the 'Privacy Act of 1974') in the event such applicant is determined to be wrongfully detained by a foreign government. Declining to complete such form shall not affect the issuance of a passport to a qualified applicant or diplomatic efforts to secure the release of a United States national from the custody of a foreign government or entity."
1968—Pub. L. 90–428 substituted provisions requiring that the initial passport application be duly verified under oath before a person authorized and empowered by the Secretary of State to administer oaths for provisions requiring that each passport application be duly verified under oath before a person authorized and empowered to administer oaths.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–428 effective on thirtieth day following July 26, 1968, see section 4 of Pub. L. 90–428, set out as a note under section 217a of this title.
Improvements Related to Hand-Carry Courier Services for Passport Applications and Passports
Pub. L. 118–159, div. G, title LXXV, §7507(b), Dec. 23, 2024, 138 Stat. 2547, provided that:
"(1)
"(A) facilitate an increase in the number of companies certified to provide hand-carry courier services;
"(B) increase the daily maximum number of applications for United States passports, by type, that such companies may submit to a passport agency of the Department [of State] (commonly referred to as 'meeting slots') as part of the hand-carry courier services of such company; and
"(C) facilitate citizens' awareness of the tools applicants may use to locate companies certified to provide hand-carry courier services, including adding contact information in the form of a weblink, phone number, or physical office address to the online list of registered courier companies.
"(2)
"(A) the transport of applications for United States passports to a passport agency of the Department for processing; and
"(B) the retrieval of newly issued United States passports for delivery, directly or indirectly, to the passport holder."
Strengthening Passport Customer Visibility and Transparency
Pub. L. 118–31, div. F, title LXI, §6106, Dec. 22, 2023, 137 Stat. 966, provided that:
"(a)
"(1) Submitted for processing.
"(2) In process at a lockbox facility.
"(3) Awaiting adjudication.
"(4) In process of adjudication.
"(5) Adjudicated with a result of approval or denial.
"(6) Materials shipped.
"(b)
"(1) the date on which his or her passport application was received; and
"(2) the estimated wait time remaining in the passport application process.
"(c)
"(1) the online status tool required under subsection (a);
"(2) passport travel advisories required under section 6103 [22 U.S.C. 211a note]; and
"(3) passport wait times."
Publication and Updates of Estimated Time for Processing of Passport Applications
Pub. L. 118–31, div. F, title LXI, §6108, Dec. 22, 2023, 137 Stat. 967, provided that: "The Secretary [of State] shall publish and update on a quarterly basis on relevant websites of the Department [of State] the estimated time for processing of passport applications."
Use of Commercially Available Technology in Online Passport Renewal Program
Pub. L. 118–31, div. F, title LXI, §6111, Dec. 22, 2023, 137 Stat. 968, provided that: "The Secretary [of State] shall take such steps as may be necessary to compare and use the best commercially available technology in the private sector, as determined by the Secretary, in the development of the Department [of State]'s online passport renewal program or any successor program."
Agreements With Foreign Countries Regarding Passports Nearing Expiration
Pub. L. 118–31, div. F, title LXI, §6113, Dec. 22, 2023, 137 Stat. 968, provided that: "The President, acting through the Secretary [of State], shall seek to reach agreements with the governments of foreign countries that do not accept United States passports that are at or within 6 months of expiration to allow for the use of such United States passports."
Return of Supporting Documents for Passport Applications Through United States Postal Service Certified Mail
Pub. L. 117–263, div. I, title XCVII, §9714, Dec. 23, 2022, 136 Stat. 3921, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) the retail price charged by the United States Postal Service for the service; and
"(B) the estimated cost of processing the return of the supporting documents.
"(3)
"(A) details the costs included in the processing fee described in paragraph (2); and
"(B) includes an estimate of the average cost per request."
Issuance of Passports for Children Under Age 14
Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title II, §236], Nov. 29, 1999, 113 Stat. 1536, 1501A-430, provided that:
"(a)
"(1)
"(2)
"(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)
§213a. Authority to designate additional passport acceptance agents
(a) Authority to designate
The Secretary may designate any person described in subsection (b) that meets such other requirements as the Secretary may prescribe pursuant to regulations to serve as a passport acceptance agent, unless the Secretary withdraws such authorization on a case-by-case basis with respect to a given person.
(b) Authorized persons
A person described in this subsection is any of the following:
(1) An employee of the clerk of any Federal court.
(2) An employee of the clerk of any State court of record.
(3) A postal employee at a United States post office that has been selected to accept passport applications.
(4) An employee of the Department of Defense at a military installation that has been authorized to accept passport applications.
(5) An employee of a Federal department or agency that has been selected to accept passport applications.
(6) A United States citizen who, as determined by the Secretary, is employed by and provides services through a reputable, established company or institution and is commissioned or appointed as a notary or notary public or otherwise authorized to perform a notarization under the laws of a State, district, or territorial government.
(7) Any other person specifically designated by the Secretary.
(c) Regulations
The Secretary shall prescribe or revise such regulations as may be necessary to carry out this division.
(Pub. L. 118–31, div. F, title LXI, §6109, Dec. 22, 2023, 137 Stat. 967; Pub. L. 118–159, div. G, title LXXV, §7507(a), Dec. 23, 2024, 138 Stat. 2547.)
Editorial Notes
References in Text
This division, referred to in subsec. (c), is div. F of Pub. L. 118–31, Dec. 22, 2023, 137 Stat. 963, known as the Department of State Authorization Act of 2023. For complete classification of div. F to the Code, see Tables.
Amendments
2024—Subsec. (b)(6), (7). Pub. L. 118–159 added par. (6) and redesignated former par. (6) as (7).
Statutory Notes and Related Subsidiaries
Definition
For definition of "Secretary" as used in this section, see section 6002 of Pub. L. 118–31, set out as a note under section 2651 of this title.
§214. Fees for execution and issuance of passports; persons excused from payment
(a)(1) 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.
(2) Notwithstanding paragraph (1), no passport fee shall be collected from—
(A) an officer or employee of the United States proceeding abroad in the discharge of official duties, or from immediate family of such officer or employee;
(B) an American sailor who requires a passport in connection with assigned duties aboard an American flag-vessel;
(C) 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;
(D) 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;
(E) at the discretion of the Secretary, an individual who—
(i) is operating under a contract, grant, or cooperative agreement with the United States Government to participate in search, rescue, and other related disaster relief operations within a foreign country following a natural disaster; or
(ii) is required pursuant to such contract, grant, or cooperative agreement to be available to travel abroad to assist in search, rescue, or other related disaster relief efforts immediately upon notice from the United States Government.
(3) 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.1
(2) The authority to collect the surcharge provided under paragraph (1) may not be exercised after September 30, 2010.2
(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; Pub. L. 118–31, div. F, title LXI, §6114(b), Dec. 22, 2023, 137 Stat. 968.)
Editorial Notes
Amendments
2023—Subsec. (a). Pub. L. 118–31 designated first two sentences as par. (1); designated third sentence as par. (2), substituted "Notwithstanding paragraph (1), no passport fee shall be collected from—" for "No passport fee shall be collected from", inserted subpar. (A) designation before "an officer", substituted "or from immediate family of such officer or employee;" and subpar. (B) for "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", inserted subpar. (C) designation before "a widow", substituted "memorial service for such member;" for "memorial service for such member; or", inserted subpar. (D) designation before "an individual", substituted "law enforcement purposes;" for "law enforcement purposes.", and added subpar. (E); and designated last sentence as par. (3).
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.
Statutory Notes and Related Subsidiaries
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.
Electronic Payment for Passport Application Fees
Pub. L. 118–31, div. F, title LXI, §6112, Dec. 22, 2023, 137 Stat. 968, provided that: "The Secretary [of State] shall develop a process to accept electronic payment for all fees associated with the processing of passport applications, including for applications submitted by regular mail."
Deposit of Consular Fees in the Consular and Border Security Programs Account
Pub. L. 117–103, div. K, title VII, §7069(e), Mar. 15, 2022, 136 Stat. 681, provided that: "Beginning on October 1, 2021 and for each fiscal year thereafter, fees collected pursuant to subsection (a) of section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214(a)) shall, notwithstanding such subsection, be deposited in the Consular and Border Security Programs account as discretionary offsetting receipts: Provided, That amounts deposited in fiscal year 2022 shall remain available until expended for the purposes of such account: Provided further, 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."
Extension of Consular Fees
Pub. L. 118–47, div. F, title VII, §7068(a), Mar. 23, 2024, 138 Stat. 848, provided that: "Section 1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal year 2024 by substituting 'the costs of providing consular services' for 'such costs'."
Prior extensions were contained in the following prior acts:
Pub. L. 117–328, div. K, title VII, §7068(a), Dec. 29, 2022, 136 Stat. 5089.
Pub. L. 117–103, div. K, title VII, §7069(a), Mar. 15, 2022, 136 Stat. 681.
Pub. L. 116–260, div. K, title VII, §7069(a), Dec. 27, 2020, 134 Stat. 1812.
Extension of Authority To Collect Surcharge
Pub. L. 117–263, div. I, title XCVIII, §9802(a), Dec. 23, 2022, 136 Stat. 3924, 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 striking 'September 30, 2010' and inserting 'September 30, 2026'."
Prior extensions were contained in the following prior acts:
Pub. L. 117–103, div. K, title VII, §7034(l)(1), Mar. 15, 2022, 136 Stat. 623.
Pub. L. 116–260, div. K, title VII, §7034(l)(1), Dec. 27, 2020, 134 Stat. 1749.
Pub. L. 116–94, div. G, title VII, §7034(l)(1), Dec. 20, 2019, 133 Stat. 2872.
Pub. L. 116–6, div. F, title VII, §7034(m)(1), Feb. 15, 2019, 133 Stat. 326.
Pub. L. 115–141, div. K, title VII, §7034(l)(1), Mar. 23, 2018, 132 Stat. 895.
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."
1 See Extension of Consular Fees note below.
2 See Extension of Authority To Collect Surcharge note below.
§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.)
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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]."
Revision to Date of Expiration of United States Passports
Pub. L. 118–159, div. G, title LXXV, §7507(c), Dec. 23, 2024, 138 Stat. 2547, provided that: "The Secretary [of State] may take such actions as may be necessary to provide for the date of expiration of each United States passport issued or renewed on or after the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2024] to be the same date as the date of birth of the applicant or holder of the passport."
Notification of Passport Expiration
Pub. L. 118–31, div. F, title LXI, §6110, Dec. 22, 2023, 137 Stat. 968, provided that: "The Secretary [of State] shall take such steps as may be necessary to ensure that each individual holding a valid United States passport is notified of the upcoming expiration of such passport not later than one year before the date of such expiration."
§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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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 former section 708 of Title 18, Crimes and Criminal Procedure.
§§249 to 250f. Transferred
Editorial Notes
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
§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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
References in Text
This Act, referred to in text, means Pub. L. 95–393, Sept. 30, 1978, 92 Stat. 808, 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".
Statutory Notes and Related Subsidiaries
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'."
Notification of Travel by Accredited Diplomatic and Consular Personnel of the Russian Federation in the United States
Pub. L. 116–92, div. E, title LXVII, §6704, Dec. 20, 2019, 133 Stat. 2223, provided that: "In carrying out the advance notification requirements set out in section 502 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115–31; 131 Stat. 825; 22 U.S.C. 254a note), the Secretary of State shall—
"(1) ensure that the Russian Federation provides notification to the Secretary of State at least 2 business days in advance of all travel that is subject to such requirements 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; and
"(2) provide notice of travel described in paragraph (1) to the Director of National Intelligence and the Director of the Federal Bureau of Investigation within 1 hour of receiving notice of such travel."
Pub. L. 115–31, div. N, title V, §502, May 5, 2017, 131 Stat. 825, as amended by Pub. L. 116–92, div. E, title LXVII, §6717, Dec. 20, 2019, 133 Stat. 2228, provided that:
"(a)
"(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)
"(c)
"(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)
"(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 a best estimate 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.)
Editorial Notes
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,".
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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".
Statutory Notes and Related Subsidiaries
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.
Executive Documents
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.)
Editorial Notes
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.)
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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.)
Editorial Notes
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.)
Editorial Notes
Codification
R.S. §4080 derived from act June 11, 1864, ch. 116, §2, 13 Stat. 121.
Statutory Notes and Related Subsidiaries
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.
Acts Applicable to Commissioners of Circuit Court Also Applicable to United States Commissioners
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.
§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.)
Editorial Notes
Codification
R.S. §4081 derived from act June 11, 1864, ch. 116, §2, 13 Stat. 121.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
Codification
Section was formerly classified to section 393 of Title 28 prior to the general revision and enactment of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, §1, 62 Stat. 869.
Statutory Notes and Related Subsidiaries
Change of Name
"United States magistrate judges", "magistrate judge", and "magistrate judges" substituted in text for "United States magistrates", "magistrate", and "magistrates", respectively, pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "magistrate" substituted for "commissioner" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.
§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.
SUBCHAPTER I—CANADA-UNITED STATES INTERPARLIAMENTARY GROUP
SUBCHAPTER II—MEXICO-UNITED STATES INTERPARLIAMENTARY GROUP
SUBCHAPTER II–A—BRITISH-AMERICAN INTERPARLIAMENTARY GROUP
SUBCHAPTER II–B—UNITED STATES DELEGATION TO PARLIAMENTARY ASSEMBLY OF CONFERENCE ON SECURITY AND COOPERATION IN EUROPE (CSCE)
SUBCHAPTER II–C—UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP
SUBCHAPTER II–D—UNITED STATES SENATE-RUSSIA INTERPARLIAMENTARY GROUP
SUBCHAPTER II–E—UNITED STATES SENATE-JAPAN INTERPARLIAMENTARY GROUP
SUBCHAPTER III—KERMIT ROOSEVELT FUND
SUBCHAPTER IV—INTERNATIONAL BOUNDARY AND WATER COMMISSION
SUBCHAPTER V—GORGAS MEMORIAL LABORATORY
SUBCHAPTER VI—UNITED NATIONS FOOD AND AGRICULTURE ORGANIZATION
SUBCHAPTER VII—SOUTH PACIFIC COMMISSION
SUBCHAPTER VIII—CARIBBEAN COMMISSION
SUBCHAPTER IX—PAN AMERICAN RAILWAY CONGRESS
SUBCHAPTER X—THE INSTITUTE OF INTER-AMERICAN AFFAIRS
SUBCHAPTER XI—INTERNATIONAL FINANCE CORPORATION
SUBCHAPTER XII—INTER-AMERICAN DEVELOPMENT BANK
SUBCHAPTER XII–A—INTER-AMERICAN INVESTMENT CORPORATION
SUBCHAPTER XIII—INTERNATIONAL DEVELOPMENT ASSOCIATION
SUBCHAPTER XIV—ASIAN DEVELOPMENT BANK
SUBCHAPTER XV—INTERNATIONAL MONETARY FUND AND BANK FOR RECONSTRUCTION AND DEVELOPMENT
SUBCHAPTER XVI—UNITED NATIONS ORGANIZATION
SUBCHAPTER XVII—UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND CULTURAL ORGANIZATION
SUBCHAPTER XVIII—PRIVILEGES AND IMMUNITIES OF INTERNATIONAL ORGANIZATIONS
SUBCHAPTER XIX—INTERNATIONAL REFUGEE ORGANIZATION
SUBCHAPTER XX—WORLD HEALTH ORGANIZATION
SUBCHAPTER XXI—INTER-AMERICAN FOUNDATION
SUBCHAPTER XXII—AFRICAN DEVELOPMENT FUND
SUBCHAPTER XXIII—UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
SUBCHAPTER XXIV—AFRICAN DEVELOPMENT BANK
SUBCHAPTER XXV—UNITED STATES–INDIA FUND FOR CULTURAL, EDUCATIONAL, AND SCIENTIFIC COOPERATION
SUBCHAPTER XXVI—MULTILATERAL INVESTMENT GUARANTEE AGENCY
SUBCHAPTER XXVII—EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
SUBCHAPTER XXVIII—NORTH AMERICAN DEVELOPMENT BANK AND RELATED PROVISIONS
SUBCHAPTER XXIX—UNITED STATES-MEXICO BORDER HEALTH COMMISSION
SUBCHAPTER XXX—MIDDLE EAST DEVELOPMENT BANK
SUBCHAPTER XXXI—INTERNATIONAL RENEWABLE ENERGY AGENCY
SUBCHAPTER XXXII—ORGANIZATION OF AMERICAN STATES
Statutory Notes and Related Subsidiaries
Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group
Pub. L. 117–81, div. A, title XIII, §1316, Dec. 27, 2021, 135 Stat. 2001, provided that:
"(a)
"(b)
"(c)
"(d)
"(1)
"(2)
"(e)
United States Policy Regarding International Financial Institution Assistance With Respect to Advanced Wireless Technologies
Pub. L. 117–81, div. F, title LXI, §6105, Dec. 27, 2021, 135 Stat. 2386, provided that:
"(a)
"(1) support assistance by the institution with respect to advanced wireless technologies (such as 5th generation wireless technology for digital cellular networks and related technologies) only if the technologies provide appropriate security for users;
"(2) proactively encourage assistance with respect to infrastructure or policy reforms that facilitate the use of secure advanced wireless technologies; and
"(3) cooperate, to the maximum extent practicable, with member states of the institution, particularly with United States allies and partners, in order to strengthen international support for such technologies.
"(b)
"(1) will allow the United States to effectively promote the objectives of the policy described in subsection (a); or
"(2) is in the national interest of the United States, with an explanation of the reasons therefor.
"(c)
"(d)
"(1) the date that is 7 years after the date of the enactment of this Act [Dec. 27, 2021]; or
"(2) the date that the Secretary reports to the committees specified in subsection (b) that terminating the effectiveness of the provisions is important to the national interest of the United States, with a detailed explanation of the reasons therefor."
Ensuring Chinese Debt Transparency
Pub. L. 116–283, div. H, title XCVII, §9722, Jan. 1, 2021, 134 Stat. 4840, provided that:
"(a)
"(b)
"(1) a description of progress made toward advancing the policy described in subsection (a) of this section; and
"(2) a discussion of financing provided by entities owned or controlled by the government of the People's Republic of China to the member states of international financial institutions that receive financing from the international financial institutions, including any efforts or recommendations by the Chairman to seek greater transparency with respect to the former financing.
"(c)
"(1) the date that is 7 years after the date of the enactment of this Act [Jan. 1, 2021]; or
"(2) 30 days after the date that the Secretary reports to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the People's Republic of China is in substantial compliance with the rules and principles of the Paris Club."
Accountability for World Bank Loans to China
Pub. L. 116–283, div. H, title XCVII, §9723, Jan. 1, 2021, 134 Stat. 4841, provided that:
"(a)
"(1)
"(A) pursue the expeditious graduation of the People's Republic of China from assistance by the IBRD, consistent with the lending criteria of the IBRD; and
"(B) until the graduation of China from IBRD assistance, prioritize projects in China that contribute to global public goods, to the extent practicable.
"(2)
"(A) the date that is 7 years after the date of the enactment of this Act [Jan. 1, 2021]; or
"(B) the date that the Secretary of the Treasury reports to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that termination of paragraph (1) is important to the national interest of the United States, with a detailed explanation of the reasons therefor.
"(b)
"(1)
"(2)
"(A) A detailed description of the efforts of the United States Governor of the IBRD to enforce the timely graduation of countries from the IBRD, with a particular focus on the efforts with regard to the People's Republic of China.
"(B) If the People's Republic of China is a member country of the IBRD, an explanation of any economic or political factors that have prevented the graduation of the People's Republic of China from the IBRD.
"(C) A discussion of any effects resulting from fungibility and IBRD lending to China, including the potential for IBRD lending to allow for funding by the government of the People's Republic of China of activities that may be inconsistent with the national interest of the United States.
"(D) An action plan to help ensure that the People's Republic of China graduates from the IBRD within 2 years after submission of the report, consistent with the lending eligibility criteria of the IBRD.
"(3)
"(c)
"(1) An assessment of the level of indebtedness of countries receiving assistance through the Belt and Road Initiative that are also beneficiary countries of the international financial institutions, including the level and nature of indebtedness to the People's Republic of China or an entity owned or controlled by the government of the People's Republic of China.
"(2) An analysis of debt management assistance provided by the World Bank, the International Monetary Fund, and the Office of Technical Assistance of the Department of the Treasury to borrowing countries of the Belt and Road Initiative of the People's Republic of China (or any comparable initiative or successor initiative of China).
"(3) An assessment of the effectiveness of United States efforts, including bilateral efforts and multilateral efforts, at the World Bank, the International Monetary Fund, other international financial institutions and international organizations to promote debt transparency."
§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.)
Statutory Notes and Related Subsidiaries
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.)
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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–4q, 262p–5 to 262p–12, 262p–13 to 262p–17, 262r to 262r–5, 262s 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.
Statutory Notes and Related Subsidiaries
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, directed the Secretary of State and the Secretary of the Treasury to 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 report to Congress not later than one year after Oct. 3, 1977.
§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.)
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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.
United States Support for Integration of Anti-trafficking Interventions in Multilateral Development Banks
Pub. L. 115–427, §8, Jan. 9, 2019, 132 Stat. 5507, provided that:
"(a)
"(1) further develop anti-human trafficking provisions in relevant project development, safeguards, procurement, and evaluation policies;
"(2) employing a risk-based approach, require human trafficking risk assessments and integration plans as a routine part of developing projects through existing, forthcoming or new mechanisms and processes;
"(3) support analyses of the impact of severe forms of trafficking in persons on key indicators of economic and social development and of the benefits of reducing human trafficking on economic and social development;
"(4) support the proactive integration of effective anti-trafficking interventions into projects with the objectives of enhancing development outcomes and reducing the incidence of severe forms of trafficking in project areas;
"(5) increase the capacity of multilateral development banks and of recipient governments to conduct human trafficking risk assessments and integrate anti-trafficking interventions into projects;
"(6) support the development of meaningful risk mitigation and reduction policies, regulations, and strategies within the multilateral development banks to reduce the incidence and prevalence of severe forms of trafficking in persons and enhance development outcomes that may be improved by reducing the incidence and prevalence of human trafficking; and
"(7) support the inclusion of human trafficking risk analysis in the development of relevant country strategies by each multilateral development bank.
"(b)
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.)
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Statutory Notes and Related Subsidiaries
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.)
Statutory Notes and Related Subsidiaries
Similar Provisions
Pub. L. 118–47, div. F, title VII, §7025(c), Mar. 23, 2024, 138 Stat. 775, provided that: "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 assistance by such institution, using funds appropriated or otherwise made available by this Act [div. F of Pub. L. 118–47, 138 Stat. 729, 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. 117–328, div. K, title VII, §7025(c), Dec. 29, 2022, 136 Stat. 5018.
Pub. L. 117–103, div. K, title VII, §7025(c), Mar. 15, 2022, 136 Stat. 609.
Pub. L. 116–260, div. K, title VII, §7025(c), Dec. 27, 2020, 134 Stat. 1736.
Pub. L. 116–94, div. G, title VII, §7025(c), Dec. 20, 2019, 133 Stat. 2859.
Pub. L. 116–6, div. F, title VII, §7025(c), Feb. 15, 2019, 133 Stat. 312.
Pub. L. 115–141, div. K, title VII, §7025(c), Mar. 23, 2018, 132 Stat. 877.
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.
Definition of "International Financial Institutions"
Pub. L. 118–47, div. F, title VII, §7034(s)(3), Mar. 23, 2024, 138 Stat. 793, provided that: "In this Act [div. F of Pub. L. 118–47, 138 Stat. 729, 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 International Fund for Agricultural Development, 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. 117–328, div. K, title VII, §7034(s)(3), Dec. 29, 2022, 136 Stat. 5035.
Pub. L. 117–103, div. K, title VII, §7034(t)(3), Mar. 15, 2022, 136 Stat. 626.
Pub. L. 116–260, div. K, title VII, §7034(q)(3), Dec. 27, 2020, 134 Stat. 1754.
Pub. L. 116–94, div. G, title VII, §7034(r)(3), Dec. 20, 2019, 133 Stat. 2875.
Pub. L. 116–6, div. F, title VII, §7034(r)(3), Feb. 15, 2019, 133 Stat. 329.
Pub. L. 115–141, div. K, title VII, §7034(r)(3), Mar. 23, 2018, 132 Stat. 898.
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.)
Editorial Notes
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.)
Editorial Notes
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.)
Editorial Notes
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.)
Editorial Notes
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.)
Editorial Notes
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.)
Editorial Notes
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.)
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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".
Statutory Notes and Related Subsidiaries
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.)
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
1 So in original. No par. (2) has been enacted.
§262o–2. Advocacy of policies to enhance general effectiveness of International Monetary Fund
(a) In general
The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund to use aggressively the voice and vote of the Executive Director to do the following:
(1) Vigorously promote policies to increase the effectiveness of the International Monetary Fund in structuring programs and assistance so as to promote policies and actions that will contribute to exchange rate stability and avoid competitive devaluations that will further destabilize the international financial and trading systems.
(2) Vigorously promote policies to increase the effectiveness of the International Monetary Fund in promoting market-oriented reform, trade liberalization, economic growth, democratic governance, and social stability through—
(A) establishing an independent monetary authority, with full power to conduct monetary policy, that provides for a non-inflationary domestic currency that is fully convertible in foreign exchange markets;
(B) opening domestic markets to fair and open internal competition among domestic enterprises by eliminating inappropriate favoritism for small or large businesses, eliminating elite monopolies, creating and effectively implementing anti-trust and anti-monopoly laws to protect free competition, and establishing fair and accessible legal procedures for dispute settlement among domestic enterprises;
(C) privatizing industry in a fair and equitable manner that provides economic opportunities to a broad spectrum of the population, eliminating government and elite monopolies, closing loss-making enterprises, and reducing government control over the factors of production;
(D) economic deregulation by eliminating inefficient and overly burdensome regulations and strengthening the legal framework supporting private contract and intellectual property rights;
(E) establishing or strengthening key elements of a social safety net to cushion the effects on workers of unemployment and dislocation; and
(F) encouraging the opening of markets for agricultural commodities and products by requiring recipient countries to make efforts to reduce trade barriers.
(3) Vigorously promote policies to increase the effectiveness of the International Monetary Fund, in concert with appropriate international authorities and other international financial institutions (as defined in section 262r(c)(2) of this title), in strengthening financial systems in developing countries, and encouraging the adoption of sound banking principles and practices, including the development of laws and regulations that will help to ensure that domestic financial institutions meet strong standards regarding capital reserves, regulatory oversight, and transparency.
(4) Vigorously promote policies to increase the effectiveness of the International Monetary Fund, in concert with appropriate international authorities and other international financial institutions (as defined in section 262r(c)(2) of this title), in facilitating the development and implementation of internationally acceptable domestic bankruptcy laws and regulations in developing countries, including the provision of technical assistance as appropriate.
(5) Vigorously promote policies that aim at appropriate burden-sharing by the private sector so that investors and creditors bear more fully the consequences of their decisions, and accordingly advocate policies which include—
(A) strengthening crisis prevention and early warning signals through improved and more effective surveillance of the national economic policies and financial market development of countries (including monitoring of the structure and volume of capital flows to identify problematic imbalances in the inflow of short and medium term investment capital, potentially destabilizing inflows of offshore lending and foreign investment, or problems with the maturity profiles of capital to provide warnings of imminent economic instability), and fuller disclosure of such information to market participants;
(B) accelerating work on strengthening financial systems in emerging market economies so as to reduce the risk of financial crises;
(C) consideration of provisions in debt contracts that would foster dialogue and consultation between a sovereign debtor and its private creditors, and among those creditors;
(D) consideration of extending the scope of the International Monetary Fund's policy on lending to members in arrears and of other policies so as to foster the dialogue and consultation referred to in subparagraph (C);
(E) intensified consideration of mechanisms to facilitate orderly workout mechanisms for countries experiencing debt or liquidity crises;
(F) consideration of establishing ad hoc or formal linkages between the provision of official financing to countries experiencing a financial crisis and the willingness of market participants to meaningfully participate in any stabilization effort led by the International Monetary Fund;
(G) using the International Monetary Fund to facilitate discussions between debtors and private creditors to help ensure that financial difficulties are resolved without inappropriate resort to public resources; and
(H) the International Monetary Fund accompanying the provision of funding to countries experiencing a financial crisis resulting from imprudent borrowing with efforts to achieve a significant contribution by the private creditors, investors, and banks which had extended such credits.
(6) Vigorously promote policies that would make the International Monetary Fund a more effective mechanism, in concert with appropriate international authorities and other international financial institutions (as defined in section 262r(c)(2) of this title), for promoting good governance principles within recipient countries by fostering structural reforms, including procurement reform, that reduce opportunities for corruption and bribery, and drug-related money laundering.
(7) Vigorously promote the design of International Monetary Fund programs and assistance so that governments that draw on the International Monetary Fund channel public funds away from unproductive purposes, including large "show case" projects and excessive military spending, and toward investment in human and physical capital as well as social programs to protect the neediest and promote social equity.
(8) Work with the International Monetary Fund to foster economic prescriptions that are appropriate to the individual economic circumstances of each recipient country, recognizing that inappropriate stabilization programs may only serve to further destabilize the economy and create unnecessary economic, social, and political dislocation.
(9) Structure International Monetary Fund programs and assistance so that the maintenance and improvement of core labor standards are routinely incorporated as an integral goal in the policy dialogue with recipient countries, so that—
(A) recipient governments commit to affording workers the right to exercise internationally recognized core worker rights, including the right of free association and collective bargaining through unions of their own choosing;
(B) measures designed to facilitate labor market flexibility are consistent with such core worker rights; and
(C) the staff of the International Monetary Fund surveys the labor market policies and practices of recipient countries and recommends policy initiatives that will help to ensure the maintenance or improvement of core labor standards.
(10) Vigorously promote International Monetary Fund programs and assistance that are structured to the maximum extent feasible to discourage practices which may promote ethnic or social strife in a recipient country.
(11) Vigorously promote recognition by the International Monetary Fund that macroeconomic developments and policies can affect and be affected by environmental conditions and policies, and urge the International Monetary Fund to encourage member countries to pursue macroeconomic stability while promoting environmental protection.
(12) Facilitate greater International Monetary Fund transparency, including by enhancing accessibility of the International Monetary Fund and its staff, fostering a more open release policy toward working papers, past evaluations, and other International Monetary Fund documents, seeking to publish all Letters of Intent to the International Monetary Fund and Policy Framework Papers, and establishing a more open release policy regarding Article IV consultations.
(13) Facilitate greater International Monetary Fund accountability and enhance International Monetary Fund self-evaluation by vigorously promoting review of the effectiveness of the Office of Internal Audit and Inspection and the Executive Board's external evaluation pilot program and, if necessary, the establishment of an operations evaluation department modeled on the experience of the International Bank for Reconstruction and Development, guided by such key principles as usefulness, credibility, transparency, and independence.
(14) Vigorously promote coordination with the International Bank for Reconstruction and Development and other international financial institutions (as defined in section 262r(c)(2) of this title) in promoting structural reforms which facilitate the provision of credit to small businesses, including microenterprise lending, especially in the world's poorest, heavily indebted countries.
(15) Work with the International Monetary Fund to—
(A) foster strong global anti-money laundering (AML) and combat the financing of terrorism (CFT) regimes;
(B) ensure that country performance under the Financial Action Task Force anti-money laundering and counterterrorist financing standards is effectively and comprehensively monitored;
(C) ensure note is taken of AML and CFT issues in Article IV reports, International Monetary Fund programs, and other regular reviews of country progress;
(D) ensure that effective AML and CFT regimes are considered to be indispensable elements of sound financial systems; and
(E) emphasize the importance of sound AML and CFT regimes to global growth and development.
(b) Coordination with other executive departments
To the extent that it would assist in achieving the goals described in subsection (a), the Secretary of the Treasury shall pursue the goals in coordination with the Secretary of State, the Secretary of Labor, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, the Administrator of the Agency for International Development, and the United States Trade Representative.
(Pub. L. 95–118, title XV, §1503, as added Pub. L. 105–277, div. A, §101(d) [title VI, §610(a)], Oct. 21, 1998, 112 Stat. 2681–150, 2681-224; amended Pub. L. 108–458, title VII, §7703(a), Dec. 17, 2004, 118 Stat. 3860.)
Editorial Notes
Amendments
2004—Subsec. (a)(15). Pub. L. 108–458 added par. (15).
Statutory Notes and Related Subsidiaries
Annual Report on Lending, Surveillance, or Technical Assistance Policies of the International Monetary Fund
Pub. L. 114–113, div. K, title IX, §9006, Dec. 18, 2015, 129 Stat. 2832, provided that: "Not later than one year after the date of the enactment of this Act [Dec. 18, 2015], and annually thereafter until 2025, the Secretary of the Treasury shall submit to the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Financial Services of the House of Representatives a written report that includes—
"(1) a description of any changes in the policies of the International Monetary Fund (the Fund) with respect to lending, surveillance, or technical assistance;
"(2) an analysis of whether those changes, if any, increase or decrease the risk to United States financial commitments to the Fund;
"(3) an analysis of any new or ongoing exceptional access loans of the Fund in place during the year preceding the submission of the report; and
"(4) a description of any changes to the exceptional access policies of the Fund."
Additional Provisions Relating to International Monetary Fund
Pub. L. 106–113, div. B, §1000(a)(5) [title V, §504], Nov. 29, 1999, 113 Stat. 1536, 1501A-317, as amended by Pub. L. 110–161, div. H, title I, §1502(a), Dec. 26, 2007, 121 Stat. 2250, provided that:
"(a)
"(b)
"(c)
"(d)
"(2) Not less than 30 days prior to the entrance by the United States into international negotiations for the purpose of reaching agreement on the disposition of Fund gold whereby resources of the Fund would be used for the special benefit of a single member, or of a particular segment of the membership of the Fund, the Secretary of the Treasury shall consult with the Committees on Banking and Financial Services [now Committee on Financial Services], on Appropriations, and on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committees on Foreign Relations, on Appropriations, and on Banking, Housing and Urban Affairs of the Senate."
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262o–3. Administrative provisions
(a) Achievement of certain policy goals
The Secretary of the Treasury should instruct the United States Executive Director at each multilateral development institution to inform the institution of the following United States policy goals, and use the voice and vote of the United States to achieve the goals at the institution before June 30, 2005:
(1) No later than 60 calendar days after the Board of Directors of the institution approves the minutes of a Board meeting, the institution shall post on its website an electronic version of the minutes, with material deemed too sensitive for public distribution redacted.
(2) The institution shall keep a written transcript or electronic recording of each meeting of its Board of Directors and preserve the transcript or recording for at least 10 years after the meeting.
(3) All public sector loan, credit and grant documents, country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for endorsement or approval by its Board of Directors, with materials deemed too sensitive for public distribution redacted or withheld, shall be made available to the public 15 calendar days before consideration by the Board or, if not then available, when the documents are distributed to the Board. Such documents shall include the resources and conditionality necessary to ensure that the borrower complies with applicable laws in carrying out the terms and conditions of such documents, strategies, or policies, including laws pertaining to the integrity and transparency of the process such as public consultation, and to public health and safety and environmental protection.
(4) The institution shall post on its website an annual report containing statistical summaries and case studies of the fraud and corruption cases pursued by its investigations unit.
(5) The institution shall require that any health, education, or poverty-focused loan, credit, grant, document, policy, or strategy prepared by the institution includes specific outcome and output indicators to measure results, and that the indicators and results be published periodically during the execution, and at the completion, of the project or program.
(6) The institution shall establish a plan and schedule for conducting regular, independent audits of internal management controls and procedures for meeting operational objectives, complying with Bank policies, and preventing fraud, and making reports describing the scope and findings of such audits available to the public.
(7) The institution shall establish effective procedures for the receipt, retention, and treatment of: (A) complaints received by the Bank regarding fraud, accounting, mismanagement, internal accounting controls, or auditing matters; and (B) the confidential, anonymous submission by employees of the Bank of concerns regarding fraud, accounting, mismanagement, internal accounting controls, or auditing matters.
(b) Report
Not later than September 1, 2004, and 6 months thereafter, the Secretary of the Treasury shall submit a report to the appropriate congressional committees describing the actions taken by each multilateral development institution to implement the policy goals described in subsection (a), and any further actions that need to be taken to fully implement such goals.
(c) Publication of written statements regarding inspection mechanism cases
No later than 60 calendar days after a meeting of the Board of Directors of a multilateral development institution, the Secretary of the Treasury should provide for publication on the website of the Department of the Treasury of any written statement presented at the meeting by the United States Executive Director at the institution concerning—
(1) a project on which a claim has been made to the inspection mechanism of the institution; or
(2) a pending inspection mechanism case.
(d) Congressional briefings
The Secretary of the Treasury or the designee of the Secretary should brief the appropriate congressional committees, when requested, on the steps that have been taken by the United States Executive Director at any multilateral development institution, and by any such institution, to implement the measures described in this section.
(e) Publication of "no" votes and abstentions by the United States
Each month, the Secretary of the Treasury should provide for posting on the website of the Department of the Treasury of a record of all "no" votes and abstentions made by the United States Executive Director at any multilateral development institution on any matter before the Board of Directors of the institution.
(f) Multilateral development institution defined
In this section, the term "multilateral development institution" shall have the meaning given in section 262r(c)(3) of this title.
(Pub. L. 95–118, title XV, §1504, as added Pub. L. 108–199, div. D, title V, §581, Jan. 23, 2004, 118 Stat. 202.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262o–4. Promotion of policy goals
(a) In general
The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank to inform each such bank and the executive directors of each such bank of the policy of the United States as set out in this section and to actively promote this policy and the goals set forth in section 262o–3 of this title. It is the policy of the United States that each bank should—
(1) require the bank's employees, officers and consultants to make an annual disclosure of their financial interests and income and of any other potential source of conflict of interest;
(2) link project and program design and results to management and staff performance appraisals, salaries, and bonuses;
(3) implement voluntary disclosure programs for firms and individuals participating in projects financed by such bank;
(4) ensure that all loan, credit, guarantee, and grant documents and other agreements with borrowers include provisions for the financial resources and conditionality necessary to ensure that a person or country that obtains financial support from a bank complies with applicable bank policies and national and international laws in carrying out the terms and conditions of such documents and agreements, including bank policies and national and international laws pertaining to the comprehensive assessment and transparency of the activities related to access to information, public health, safety, and environmental protection;
(5) implement clear anti-corruption procedures setting forth the circumstances under which a person will be barred from receiving a loan, contract, grant, guarantee or credit from such bank, make such procedures available to the public, and make the identity of such person available to the public;
(6) coordinate policies across multilateral development banks on issues including debarment, cross-debarment, procurement guidelines, consultant guidelines, and fiduciary standards so that a person that is debarred by one such bank is subject to a rebuttable presumption of ineligibility to conduct business with any other such bank during the specific ineligibility period;
(7) require each bank borrower and grantee and each bidder, supplier and contractor for MDB projects to comply with the highest standard of ethics prohibiting coercive, collusive, corrupt and fraudulent practices, such as are defined in the World Bank's Procurement Guidelines of May, 2004;
(8) maintain a functionally independent Investigations Office, Auditor General Office and Evaluation Office that are free from interference in determining the scope of investigations (including forensic audits), internal auditing (including assessments of management controls for meeting operational objectives and complying with bank policies), performing work and communicating results, and that regularly report to such bank's board of directors and, as appropriate and in a manner consistent with such functional independence of the Investigations Office and the Auditor General Office, to the bank's President;
(9) require that each candidate for adjustment or budget support loans demonstrate transparent budgetary and procurement processes including budget publication and public scrutiny prior to loan or grant approval;
(10) require that for each project where compensation is to be provided to persons adversely affected by the project, such persons have recourse to an impartial and responsive mechanism to receive and resolve complaints. The mechanism should be easily accessible to all segments of the affected community without impeding access to other judicial or administrative remedies and without retribution;
(11) implement best practices in domestic laws and international conventions against corruption for whistleblower and witness disclosures and protections against retaliation for internal and lawful public disclosures by the bank's employees and others affected by such bank's operations who challenge illegality or other misconduct that could threaten the bank's mission, including: (1) best practices for legal burdens of proof; (2) access to independent adjudicative bodies, including external arbitration based on consensus selection and shared costs; and (3) results that eliminate the effects of proven retaliation; and
(12) require, to the maximum extent possible, that all draft country strategies are issued for public consideration no less than 45 days before the country strategy is considered by the multilateral development bank board of directors.
(b) Publication of position statement
The Secretary of the Treasury shall, beginning thirty days after November 14, 2005, and within sixty calendar days of the meeting of the respective bank's Board of Directors at which such decisions are made, publish on the Department of the Treasury website a statement or explanation of the United States position on decisions related to: (1) operational policies; and (2) any proposal which would result or be likely to result in a significant effect on the environment.
(c) "Multilateral development bank" defined
In this section the term "multilateral development bank" has the meaning given that term in section 262m–7 of this title and also includes the European Bank for Reconstruction and Development and the Global Environment Facility.
(Pub. L. 95–118, title XV, §1505, as added Pub. L. 109–102, title V, §599B, Nov. 14, 2005, 119 Stat. 2241.)
Editorial Notes
Codification
November 14, 2005, referred to in subsec. (b), was in the original "the enactment of this Act" which was translated as meaning the date of enactment of Pub. L. 109–102, which enacted this section, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p. Impact adjustment lending programs
(a) Establishment of guidelines; impact statements
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to initiate discussions with other directors of the respective institutions and to propose that—
(1) guidelines be established which reflect clear and tangible concern for the impact adjustment lending programs, and the activities in support of which such lending is made, have and will have on human welfare; and
(2) impact statements be required which assess the effect an adjustment lending program, and the activities in support of which such lending is made, will have on the poor of the country to which such lending is made.
(b) Proposed contents of impact statements
In the discussions referred to in subsection (a) with respect to the impact statement described in paragraph (2) of such subsection, the United States Executive Director should propose that such impact statements—
(1) specify what the projected effects of the adjustment loan will be on the poor;
(2) explain what procedures have been or will be taken to strengthen the in-country capacity of the borrower to—
(A) monitor nutrition levels in a timely manner; and
(B) measure the impact an adjustment loan, and the policies and activities in support of which such loan is made, has on the living standards of the country's population, especially the poorest; and
(3) indicate specifically what steps the borrower will take to—
(A) mitigate any adverse effect the policies and activities in support of which an adjustment loan is made are expected to have on the living standards of the poor (including the use of the proceeds of any adjustment loan, project aid, or other compensatory measure to mitigate such effect); and
(B) maximize the extent of the participation of the poor in the economic benefits resulting from an adjustment loan.
(c) Report to member governments by United States Executive Director of International Bank for Reconstruction and Development and by International Development Association
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to request the management of the respective institutions to prepare a report for distribution to member governments no later than June 30, 1988, that—
(1) assesses the impact on the poor of structural adjustment in countries to which structural adjustment lending has been made; and
(2) specifies the steps that have been or will be taken by the respective institution to—
(A) mitigate any adverse effect of adjustment lending, and the activities in support of which such lending is made, on the living standards of the poor in the countries to which such loans are made; and
(B) ensure the participation of the poor in the economic benefits resulting from adjustment lending and the activities in support of which such lending is made.
(d) "Adjustment lending" defined
For purposes of this section and section 262m–1 of this title, the term "adjustment lending" means nonproject lending in support of structural macroeconomic reforms or sectoral economic reform.
(Pub. L. 95–118, title XVI, §1601, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section 1601 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.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–1. Grassroots Collaboration Program
(a) Proposal for establishment; private involvement; projects or policies for alleviation of poverty and promotion of environmental protection
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to initiate discussions with other directors of such institutions and to propose the establishment of a Grassroots Collaboration Program to develop improved mechanisms for involving, directly or indirectly, nongovernmental organizations in the design, implementation, and monitoring of development projects financed by, or development policies established by, such bank or association in order to alleviate poverty and promote environmental protection, including—
(1) encouraging nongovernmental organizations in borrowing countries to participate in all stages of project planning and country strategy activities to—
(A) minimize any adverse impact of such projects or activities on the poor people of such country;
(B) minimize any adverse impact of such projects or activities on the environment of such country; and
(C) maximize the extent to which such projects or activities will benefit the poor people of such country;
(2) increasing the direct involvement of nongovernmental organizations in project design, implementation, or monitoring whenever such organizations have a distinct comparative advantage over other entities in providing such services by virtue of their grassroots involvement with poor people, especially women, in a borrowing country;
(3) providing microenterprise credit for small scale economic activities through nongovernmental organizations;
(4) supporting the enhancement of the institutional capacity of nongovernmental organizations in borrowing countries as development practitioners; and
(5) establishing or supporting jointly funded intermediary mechanisms with nongovernmental organizations to facilitate increased collaboration between such bank or association and nongovernmental organizations in borrowing countries.
(b) Implementation and financing of program
It is the sense of the Congress that the Grassroots Collaboration Program described in subsection (a) should be implemented and financed as part of the normal operations of the International Bank for Reconstruction and Development and the International Development Association.
(c) Flexible financing; initial grant
To the extent the activities under the Grassroots Collaboration Program described in subsection (a) need more flexible financing, it is the sense of the Congress that—
(1) such activities could be funded through a grant from the net income of the International Bank for Reconstruction and Development; and
(2) an initial grant of not less than $50,000,000 should be made for such activities with subsequent annual allocations of such additional amounts as may be necessary to allow the Grassroots Collaboration Program to maximize collaboration with nongovernmental organizations in the alleviation of poverty and the protection of the environment.
(d) Repealed. Pub. L. 101–240, title V, §541(d)(4), Dec. 19, 1989, 103 Stat. 2518
(e) Annual reports to Congress
Each annual report to the Congress by the National Advisory Council on International Monetary and Financial Policies shall describe the status of the establishment and operation of the Grassroots Collaboration Program described in subsection (a), the activities under taken by the Program and the sum of the amounts expended by the Program.
(Pub. L. 95–118, title XVI, §1602, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134; amended Pub. L. 101–240, title V, §541(d)(4), Dec. 19, 1989, 103 Stat. 2518.)
Editorial Notes
Codification
Section 1602 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
1989—Subsec. (d). Pub. L. 101–240 struck out subsec. (d) which related to initial reporting requirements by Secretary of the Treasury.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–2. Instructions to United States Executive Directors for extension of credit
(a) International Bank for Reconstruction and Development; International Development Association; access of poor to formal sources of credit; identification and removal of barriers to extension of credit generally and to provisions of credit to microenterprises
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to initiate discussions with other directors of such Bank or Association and to propose that—
(1) in carrying on the activities of the Bank or Association, the Bank or Association take such steps as may be necessary to increase access for the poor people of a borrowing country to formal sources of credit; and
(2) the Bank or Association include a requirement in all appropriate project and nonproject agreements, as a condition for assistance under such agreements, that the borrowing country identify and remove unreasonable legal and regulatory barriers to—
(A) the establishment or operation of organizations which extend credit; and
(B) the provision of credit to microenterprises for small scale economic activities.
(b) African Development Bank and Asian Development Bank; provision of credit to microenterprises
The Secretary of the Treasury shall instruct the United States Executive Directors of the African Development Bank and the Asian Development Bank to initiate discussions with other directors of the respective banks and to propose that each such bank—
(1) examine the Program for the Financing of Small Projects of the Inter-American Development Bank and the steps taken by such bank to link the Program to the mainstream operation of the bank; and
(2) explore ways and means to establish similar programs within the respective banks to provide credit to microenterprises for small scale economic activities.
(c) Annual reports to Congress; inclusion of status of microenterprise credit promotion activities
Each annual report to the Congress by the National Advisory Council on International Monetary and Financial Policies shall describe the status of the microenterprise credit promotion activities of each of the institutions referred to in subsection (a) or (b).
(Pub. L. 95–118, title XVI, §1603, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section 1603 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.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–3. Participation of women in economic, social and policy development activities
(a) Congressional declaration of policy
Congress hereby declares that it is the policy of the United States that multilateral development banks should—
(1) fully involve women in borrowing countries in the identification, planning, implementation, and evaluation of mainstream development activities financed by such banks;
(2) recognize and support women's direct and indirect roles in the economic development of their countries and communities;
(3) recognize and support women's direct and indirect roles in the education and social development of, the maintenance of the health of, and in the provision of adequate nutrition for, family members and communities, especially children;
(4) work to remove legal and customary barriers which impede the full participation of women in economic and social development, such as lack of access to credit, property rights, education, health care, and government services; and
(5) involve women's groups in borrowing countries in project identification and preparation in order to factor their assessments of women's economic and social needs into project design.
(b) Instructions by Secretary of the Treasury to United States Executive Directors
The Secretary of the Treasury shall instruct—
(1) the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to support attempts to strengthen the role of the Women in Development division in policy development, project design and implementation, and evaluation; and
(2) the United States Executive Directors of the regional multilateral development banks to support exploring the establishment of a mechanism, or the strengthening of any existing mechanism, within each of the respective banks, to advise, advocate, and promote the full intergration 1 of women in the planning, design, implementation, and evaluation of lending activities both in borrowing countries and within the banks.
(c) Annual reports to Congress
Each annual report to the Congress by the National Advisory Council on International Monetary and Financial Policies shall describe the actions taken by the multilateral development banks to implement the policies established under this section.
(Pub. L. 95–118, title XVI, §1604, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section 1604 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.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
1 So in original. Probably should be "integration".
§262p–4. Instructions to United States Executive Directors; indigenous people in borrowing country; determination of impact; protection of rights; consultation
The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to initiate discussions with other executive directors of the respective bank and to propose that the bank take such steps as may be necessary—
(1) to determine, at the time an initial feasibility study is conducted with respect to a proposed project and to the fullest extent possible, the impact such project would have on indigenous people in the borrowing country;
(2) to ensure compliance with loan conditionalities relating to the protection of the rights of indigenous people to lands and resources; and
(3) to consult with indigenous people, and nongovernmental organizations representing indigenous people, at every phase of loan design, planning, implementation, and monitoring.
(Pub. L. 95–118, title XVI, §1605, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section 1605 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.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4a. Loan programs to reduce economic dependence on illicit narcotics
(a) Findings
The Congress finds that—
(1) the illicit narcotics epidemic currently afflicting the United States represents a direct threat to the well-being of every United States citizen;
(2) every effective means must be pursued to reduce the foreign production and subsequent importation into the United States of illicit narcotics;
(3) the multilateral development banks can play an integral role in efforts to control the production of illicit narcotics;
(4) producer country narcotics eradication programs will not be effective unless such programs provide an economic alternative to the production of narcotics;
(5) efforts to address the illicit narcotics epidemic through production control are doomed to failure unless greater effort is applied to curb use of and demand for illicit narcotics; and
(6) the appropriate role for the multilateral development banks in the "War Against Drugs" is through coordinating and financing alternative economic opportunities in producer and trafficking countries.
(b) Loan programs to reduce economic dependence on illicit narcotics
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the United States Executive Director of the Inter-American Development Bank to initiate discussions with other executive directors of such institutions and to advocate and support the creation, within such institutions, of specific country lending programs and policies (including crop substitution, creation of roads conducive to the expansion of markets for licit goods, other infrastructure development measures such as development projects generating employment, agricultural extension assistance, and region-specific development plans) which are particularly oriented to reducing or eliminating the economic dependence of regions of borrowing countries known to be areas in which illicit narcotics are produced or trafficked, on such production and trafficking.
(c) Coordination among assistance programs designed to reduce economic dependency on illicit narcotics
In addition, the Secretary of the Treasury should instruct the United States Executive Director of the International Bank for Reconstruction and Development and the United States Executive Director of the Inter-American Development Bank to encourage such institutions to provide coordination among other multilateral and bilateral assistance programs designed to reduce the economic dependence of regions of borrowing countries known to be areas in which illicit narcotics are produced or trafficked, on such production and trafficking.
(Pub. L. 95–118, title XVI, §1606, as added Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36.)
Editorial Notes
Codification
Section 1606 of Pub. L. 95–118 is based on section 6 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
Prior Provisions
A prior section 1606 of Pub. L. 95–118 was renumbered section 1622 and is classified to section 262p–5 of this title.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4b. Directives regarding government-owned enterprises in countries receiving World Bank loans
(a) Finding
The Congress finds that a principal focus of United States Government policy in the multilateral development banks has been and should be to foster greater development of the private sector in member borrowing countries of such banks.
(b) Technical assistance to transform government-owned enterprises into privately owned enterprises
In order to assist and strengthen the advancement of ongoing efforts to have the International Bank for Reconstruction and Development play a key role in building a viable private sector in member borrowing countries of such bank, and to further assist such bank in its determination to facilitate the transfer of government-owned enterprises in such countries to private ownership, the Secretary of the Treasury shall instruct the United States Executive Director of such bank to vigorously encourage the provision of technical assistance to such countries (relying, where appropriate, on the expertise of the International Finance Corporation or the Multilateral Investment Guarantee Agency) to transform enterprises owned, in whole or part, by the governments of such countries into privately owned, self-sufficient enterprises. Such technical assistance may involve the valuation of the assets of such government-owned enterprises, the assessment of tender offers, and the creation or strengthening of market-based mechanisms to facilitate such a transfer of ownership.
(c) Reports
(1) In general
The United States Executive Director of the International Bank for Reconstruction and Development shall submit 3 reports to the Congress on—
(A) the progress made in transforming government-owned enterprises into privately owned enterprises as described in subsection (b);
(B) the performance of the privately owned enterprises resulting from such transformation; and
(C) the contributions of development finance companies toward strengthening the private sector in member borrowing countries.
(2) Timing
The United States Executive Director of the International Bank for Reconstruction and Development shall submit to the Congress the first report required by paragraph (1) within 1 year after October 1, 1988, and shall submit additional reports 12 months, and 24 months, after the date the first report is submitted.
(Pub. L. 95–118, title XVI, §1607, as added Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36.)
Editorial Notes
Codification
Section 1607 of Pub. L. 95–118 is based on section 7 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4c. Initiation of discussions to facilitate debt-for-development swaps for human welfare and environmental conservation
(a) Findings
The Congress finds that—
(1) voluntary debt-for-development swaps in heavily indebted developing nations can simultaneously facilitate reduction of the burden of external indebtedness and increase the resources available within the country for charitable, educational, and scientific purposes, including environmental conservation, education, human welfare, health, agricultural research and development, microenterprise credit, and development of indigenous nonprofit organizations; and
(2) heavily indebted developing countries may desire to facilitate such swaps to the maximum extent consistent with sound domestic economic management and minimization of inflationary impact.
(b) Initiation of discussions to facilitate debt-for-development swaps for human welfare and environmental conservation
(1) In general
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to initiate discussions with the directors of such bank, the International Development Association, and the International Finance Corporation and propose that such institutions provide advice and assistance, as appropriate, to borrowing country governments desiring to facilitate debt-for-development swaps, on mechanisms (including trust funds) to accomplish this purpose, particularly in the context of debt rescheduling, which mechanisms result in sound management of the macroeconomic impact of such swaps on such countries, and preserve the value of the capital obtained through such swaps.
(2) Definitions
As used in this section:
(A) Debt-for-development swap
The term "debt-for-development swap" means the purchase of qualified debt by, or the donation of such debt to, an organization described in section 501(c)(3) of title 26 which is exempt from taxation under section 501(a) of title 26, and the subsequent transfer of such debt to an organization located in such foreign country in exchange for an undertaking by such tax-exempt organization, such foreign government, or such foreign organization to engage in a charitable, educational, or scientific activity.
(B) Qualified debt
The term "qualified debt" means—
(i) sovereign debt issued by a foreign government;
(ii) debt owed by private institutions in the country governed by such foreign government; and
(iii) debt owed by institutions in the country governed by such foreign government, which are owned, in part, by private persons and, in part, by public institutions.
(Pub. L. 95–118, title XVI, §1608, as added Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36.)
Editorial Notes
Codification
Section 1608 of Pub. L. 95–118 is based on section 8 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§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
(a) Findings
The Congress finds that—
(1) the heavy burden of debt borne by sub-Saharan governments undermines efforts by such governments to finance projects and programs designed to promote charitable, educational, and scientific purposes, including education, human welfare, health, agricultural research and development, and conservation, restoration and enhancement of the natural resource base; and
(2) the financing of programs to promote such charitable, educational, and scientific purposes should be facilitated in the context of reducing and converting sovereign debt of sub-Saharan governments, as encouraged in the final communique of the June 1988 economic summit conference in Toronto, Canada, through such means as—
(A) concessional interest rates;
(B) extended repayment periods; or
(C) partial or complete write-offs of debt service obligations.
(b) Initiation of discussions to facilitate financing of human welfare and natural resource programs in sub-Saharan Africa in connection with debt reduction and conversion
The Secretary of the Treasury shall instruct the United States Executive Director of the African Development Bank and the African Development Fund to initiate discussions with the directors of such institutions and propose that such institutions, jointly with the International Bank for Reconstruction and Development, the International Development Association, and the International Finance Corporation, as appropriate, provide advice and assistance to government creditors holding sovereign debt of any sub-Saharan government, and to sub-Saharan governments which desire to finance programs with local currencies obtained through debt reduction and conversion to promote charitable, educational, and scientific (including conservation and restoration of natural resources) purposes, as a condition of reducing or converting such sovereign debt.
(Pub. L. 95–118, title XVI, §1609, as added Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36.)
Editorial Notes
Codification
Section 1609 of Pub. L. 95–118 is based on section 9 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§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
(a) In general
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to initiate discussions with the directors of such bank and propose that such bank consider, as an important factor in making loans to borrowing country governments, the history of compliance by such governments with, and the extent to which such governments have honored, agreements entered into by such governments as part of any debt-for-development swap which requires such governments to set aside or otherwise limit the use of real property to conservation purposes.
(b) Definitions
As used in this section:
(1) Debt-for-development swap
The term "debt-for-development swap" means the purchase of qualified debt by, or the donation of such debt to, an organization described in section 501(c)(3) of title 26 which is exempt from taxation under section 501(a) of title 26, and the subsequent transfer of such debt to an organization located in such foreign country in exchange for an undertaking by such tax-exempt organization, such foreign government, or such foreign organization to engage in a charitable, educational, or scientific activity.
(2) Qualified debt
The term "qualified debt" means—
(A) sovereign debt issued by a foreign government;
(B) debt owed by private institutions in the country governed by such foreign government; and
(C) debt owed by institutions in the country governed by such foreign government which are owned, in part, by private persons and, in part, by public institutions.
(Pub. L. 95–118, title XVI, §1610, as added Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36.)
Editorial Notes
Codification
Section 1610 of Pub. L. 95–118 is based on section 10 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4f. Assistance to countries to develop statistical assessment of well-being of poor
(a) Findings
The Congress finds that—
(1) improvement in the capacity of developing countries to measure and monitor regularly the nutritional and physical well-being of the poorest 40 percent of the population of each of such countries is essential to the development of policies to reduce absolute poverty;
(2) internationally accepted statistical indicators that measure reliably the extent of absolute poverty and identify the location and characteristics of the poor are being developed and refined to guide policy formulation and target assistance to the poor;
(3) such guidance by indicators is, however, not able to be used in some developing countries, especially the poorest countries, due to the woeful unavailability of statistical data;
(4) the International Bank for Reconstruction and Development and the International Development Association have the technical and financial capability to assist borrowing country governments to develop such statistical measurement capabilities for social indicators necessary for the design and monitoring of poverty-reduction policies for such governments;
(5) availability of social indicator data is also essential to the work of such institutions, particularly in monitoring the impact of structural adjustment lending on the poor; and
(6) availability of such indicators will also facilitate the measurement of progress in the alleviation of poverty by other donor agencies, public and private.
(b) Assistance to countries to develop statistical assessment of well-being of poor
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to advocate and support, as an immediate priority, assistance by such institutions to borrowing country governments to develop appropriate statistical measures for assessing the physical well-being of the poor, by sex and age, by using such indicators as mortality, health, education, and nutrition, as well as wealth and income, and maintain and publish such indicators on an ongoing basis.
(Pub. L. 95–118, title XVI, §1611, as added Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36.)
Editorial Notes
Codification
Section 1611 of Pub. L. 95–118 is based on section 11 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4g. Directives regarding government-owned enterprises in countries receiving IADB loans
(a) Finding
The Congress finds that a principal focus of United States Government policy in the multilateral development banks has been and should be to foster greater development of the private sector in member borrowing countries of such banks.
(b) Technical assistance to transform government-owned enterprises into privately owned enterprises
In order to assist and strengthen the advancement of ongoing efforts to have the Inter-American Development Bank play a key role in building a viable private sector in member borrowing countries of such bank, and to further assist such bank in its determination to facilitate the transfer of government-owned enterprises in such countries to private ownership, the Secretary of the Treasury shall instruct the United States Executive Director of such bank to vigorously encourage the provision of technical assistance to such countries to transform enterprises owned, in whole or in part, by the governments of such countries into privately owned, self-sufficient enterprises. Such technical assistance may involve the valuation of the assets of such government-owned enterprises, the assessment of tender offers, and the creation or strengthening of market-based mechanisms to facilitate such a transfer of ownership.
(Pub. L. 95–118, title XVI, §1612, as added Pub. L. 101–240, title II, §206, Dec. 19, 1989, 103 Stat. 2499.)
Editorial Notes
Prior Provisions
A prior section 1612 of Pub. L. 95–118 was renumbered section 1622 and is classified to section 262p–5 of this title.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4h. Discussions to increase productive economic participation of poor; reports
(a) In general
The Secretary of the Treasury shall instruct the United States Executive Director for each multilateral development bank to vigorously and continually advocate, in all replenishment negotiations and in discussion with other directors of such bank and with such bank, the following:
(1) A major objective of such bank's operations and financing in each borrowing country, as a long term priority, should be to increase the productive role of the poor in the economy of such country.
(2) Such bank should encourage and assist each borrowing country to develop sustainable national plans and strategies to eliminate the causes and alleviate the manifestations of poverty which keep the poor from leading economically and socially productive lives. Such plans and strategies should give attention to—
(A) the enhancement of human resources, including programs for basic nutrition, primary health services, basic education, and safe water and basic sanitation;
(B) access to income-generating activities, employment, and productive assets such as land and credit; and
(C) consultation with public sector social agencies and local non-governmental organizations.
(3) As an integral element of ongoing policy dialogue with each borrowing country to design structural adjustment plans and project lending programs, such bank should provide assistance consistent with achieving the objectives of the country's national plan for increasing the productive economic participation of the poor. Such dialogue should be conducted with government agencies working in social and economic sectors and with non-governmental groups in the borrowing country, especially those that have grassroots involvement with poor people.
(4) In an annual review document, such bank should describe the extent to which the goal of increasing the productive economic participation of the poor is being advanced or retarded and the steps that are being taken to overcome obstacles to its fulfillment. Such review should be based on information contained in the bank's country implementation review documents and in the country strategy documents for each borrowing country. Such country strategy documents should describe the national strategy for productive economic participation of the poor and the steps the bank plans to take to assist the borrowing country during the period covered by the country strategy document.
(5) Such bank should assist countries in assessing and monitoring progress in achieving poverty alleviation goals and targets through measurement by appropriate social indicators.
(6) Such bank should adopt procedures and budgetary allocations for administrative purposes, and establish appropriate staffing levels, to ensure that adequate resources are available to implement the bank's program for enhancing the productive economic participation of the poor, in consultation with non-governmental groups.
(7) Such bank should adopt, as a separate and major criterion in the allocation of concessional financing resources, a preferential allocation to each country which undertakes significant efforts to enhance the productive economic participation of the poor.
(8) Such bank should require each country which receives structural adjustment assistance to have in place, after a reasonable phase-in period, a strategy to enhance the productive economic participation of the poor.
(b) Progress report
Before the end of the 1-year period beginning on December 19, 1989, the Secretary of the Treasury shall submit to the Committee on Banking, Finance and Urban 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, a report on the following:
(1) The status of advocacy and progress being made to implement the objectives of subsection (a), describing the success to date, the obstacles encountered, and future expectations of progress.
(2) A description of the progress to date in achieving the purposes of section 262p–4f of this title, including the institutional capacity and effort devoted to assisting in the development of statistical measures to assess the well-being of the poor.
(3) A description and evaluation of the progress to date in developing effective mechanisms for involving non-governmental organizations, directly or indirectly, in the design, implementation, and monitoring of development projects, programs, and policies of the multilateral development banks.
(Pub. L. 95–118, title XVI, §1613, as added Pub. L. 101–240, title V, §501, Dec. 19, 1989, 103 Stat. 2505.)
Editorial Notes
Prior Provisions
A prior section 1613 of Pub. L. 95–118 was renumbered section 1622 and is classified to section 262p–5 of this title.
Statutory Notes and Related Subsidiaries
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.
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4i. Multilateral development banks and debt-for-nature exchanges
(a) Directions to United States Executive Directors
The Secretary of the Treasury shall direct the United States Executive Directors of the multilateral development banks to—
(1) negotiate for the creation in each respective multilateral development bank, except where the Secretary of the Treasury determines that the provisions of this subsection have previously been met, of a department that will—
(A) be responsible for environmental protection and resource conservation, including support for restoration, protection, and sustainable use policies;
(B) develop and monitor strict environmental guidelines and policies to govern lending activities; and
(C) actively promote, coordinate and facilitate debt-for-nature exchanges and the restoration, protection, and sustainable use of tropical forests, renewable natural resources, endangered ecosystems and species in debtor countries;
(2) support and encourage the approval of multilateral development bank loans which include provisions that foster and facilitate the implementation of a sound and effective environmental policy in the borrowing country;
(3) encourage the banks to assist such countries in reducing and restructuring private debt through the use of a portion of a project or policy based environmental loan in ways which will enable such countries to buy back private debt at a rate of discount available for such debt, at auction in the secondary market or through negotiations with creditors holding such debt;
(4) seek to ensure that staff of each bank facilitate debtor countries' collaboration with local and international non-governmental or private organizations in implementing debt-for-nature exchanges; and
(5) seek to ensure that each bank adopts policy guidelines which to the maximum extent possible provide for—
(A) the inclusion of sustainable use policies in loan agreements negotiated with borrower members;
(B) the adoption of economic programs to foster sound environmental policies; and
(C) the provision of debtor countries' policy changes or significant increases in financial resources for use in at least 1 of the following—
(i) restoration, protection, or sustainable use of the world's oceans and atmosphere;
(ii) restoration, protection, or sustainable use of diverse animal and plant species;
(iii) establishment, restoration, protection, and maintenance of parks and reserves;
(iv) development and implementation of sound systems of natural resource management;
(v) development and support of local conservation programs;
(vi) training programs to strengthen conservation institutions and increase scientific, technical, and managerial capabilities of individuals and organizations involved in conservation efforts;
(vii) efforts to generate knowledge, increase understanding, and enhance public commitment to conservation;
(viii) design and implementation of sound programs of land and ecosystem management; and
(ix) promotion of regenerative approaches in farming, forestry, and watershed management.
(b) Negotiation of guidelines for restoration, protection, or sustainable use policies
The United States Executive Directors of the multilateral development banks shall seek to negotiate with the other executive directors to provide guidelines for restoration, protection, or sustainable use policies. Pending the outcome of such negotiations, the United States Executive Directors shall consider restoration, protection, or sustainable use policies to be those which—
(1) support development that maintains and restores the renewable natural resource base so that present and future needs of debtor countries' populations can be met, while not impairing critical ecosystems and not exacerbating global environmental problems;
(2) are environmentally sustainable in that resources are conserved and managed in an effort to remove pressure on the natural resource base and to make judicious use of the land so as to sustain growth and the availability of all natural resources;
(3) support development that does not exceed the limits imposed by local hydrological cycles, soil, climate, vegetation, and human cultural practices;
(4) promote the maintenance and restoration of soils, vegetation, hydrological cycles, wildlife, critical ecosystems (tropical forests, wetlands, and coastal marine resources), biological diversity and other natural resources essential to economic growth and human well-being and shall, when using natural resources, be implemented to minimize the depletion of such natural resources; and
(5) take steps, wherever feasible, to prevent pollution that threatens human health and important biotic systems and to achieve patterns of energy consumption that meet human needs and rely on renewable resources.
(c) Inclusion of certain items in guidelines
The United States Executive Directors shall endeavor to include the provisions of paragraphs (1) through (5) of subsection (b) in the guidelines developed through the negotiations specified in this section.
(Pub. L. 95–118, title XVI, §1614, as added Pub. L. 101–240, title V, §512, Dec. 19, 1989, 103 Stat. 2508.)
Editorial Notes
Prior Provisions
A prior section 1614 of Pub. L. 95–118 was renumbered section 1622 and is classified to section 262p–5 of this title.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4j. Promotion of lending for environment
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to initiate discussions with the other executive directors of such bank and the management of such bank and propose that, in order to reduce the future need for bank lending for reforestation and restoration of environmentally degraded areas, the bank establish a project and policy based environmental lending program (including a loan a portion of which could be used to reduce and restructure private debt), to be made available to interested countries with a demonstrated commitment to natural resource conservation, which would be based on—
(1) the estimated long-term economic return which could be expected from the sustainable use and protection of tropical forests, including the value of tropical forests for indigenous people and for science;
(2) the value derived from such services as—
(A) watershed management;
(B) soil erosion control;
(C) the maintenance and improvement of—
(i) fisheries;
(ii) water supply regulation for industrial development;
(iii) food;
(iv) fuel;
(v) fodder; and
(vi) building materials for local communities;
(D) the extraction of naturally occurring products from locally controlled protected areas; and
(E) indigenous knowledge of the management and use of natural resources; and
(3) the long-term benefits expected to be derived from maintaining biological diversity and climate stabilization.
(Pub. L. 95–118, title XVI, §1615, as added Pub. L. 101–240, title V, §512, Dec. 19, 1989, 103 Stat. 2510.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4k. Promotion of institution-building for nongovernmental organizations concerned with environment
The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development banks to vigorously promote the adoption of policies and procedures which seek to—
(1) increase collaboration with, and, where necessary, strengthen, nongovernmental organizations in such countries which are concerned with environmental protection by providing appropriate assistance and support for programs and activities on environmental protection; and
(2) encourage international collaboration for information exchange and project enhancement with nongovernmental organizations in developing countries which are concerned with environmental protection and government agencies and private voluntary organizations in developed countries which are concerned with environmental protection.
(Pub. L. 95–118, title XVI, §1616, as added Pub. L. 101–240, title V, §512, Dec. 19, 1989, 103 Stat. 2510.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4l. Improvement of interaction between International Bank for Reconstruction and Development and nongovernmental organizations
(a) In general
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to propose, and urge the Executive Board and the management of the bank to develop and implement 1 specific mechanisms designed to—
(1) substantially improve the ability of the staff of the bank to interact with nongovernmental organizations and other local groups that are affected by loans made by the bank to borrower countries; and
(2) delegate to the field offices of the bank in borrowing countries greater responsibility for decisions with respect to proposals for projects in such countries that are to be financed by the bank.
(b) Certain mechanisms urged
The mechanisms described in subsection (a) shall include, at a minimum, the following measures:
(1) An instruction to the management of the bank to undertake efforts to appropriately train and significantly increase the number of bank professional staff (based in Washington, District of Columbia, as of November 5, 1990) assigned, on a rotating basis, to field offices of the bank in borrower countries.
(2) The assignment to at least 1 professional in each field office of the bank in a borrower country of responsibility for relations with local nongovernmental organizations, and for the preparation and submission to appropriate staff of the bank of a report on the impact of project loans to be made by the bank to the country, based on views solicited from local people who will be affected by such loans, which shall be included as part of the project appraisal report.
(3) The establishment of the Grassroots Collaboration Program described in section 262p–1(a) of this title.
(4) Before a project loan is made to a borrower country, the country is to be required to hold open hearings on the proposed project during project identification and project preparation.
(5) The establishment of assessment procedures which allow affected parties and nongovernmental organizations to review information describing a prospective project or policy loan design, in a timely manner, before the loan is submitted to the Executive Board for approval.
(Pub. L. 95–118, title XVI, §1617, as added Pub. L. 101–513, title V, §562(a)(2), Nov. 5, 1990, 104 Stat. 2032.)
Editorial Notes
Prior Provisions
A prior section 1617 of Pub. L. 95–118 was renumbered section 1622 and is classified to section 262p–5 of this title.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
1 So in original. Probably should be followed by a comma.
§262p–4m. Population, health, and nutrition programs
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to urge the bank to support an increase in the amount the bank lends annually to support population, health, and nutrition programs of the borrower countries.
(Pub. L. 95–118, title XVI, §1618, as added Pub. L. 101–513, title V, §562(a)(2), Nov. 5, 1990, 104 Stat. 2033.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4n. Equal employment opportunities
The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development banks and of the International Monetary Fund to use the voices and votes of the Executive Directors to urge their respective banks and the Fund to adopt a policy which provides, and implement procedures which ensure, that such banks and the Fund, and the affiliates of such banks and of the Fund, shall not discriminate against any person on the basis of race, ethnicity, gender, color, or religious affiliation in any determination related to employment.
(Pub. L. 95–118, title XVI, §1619, as added Pub. L. 101–513, title V, §562(b)(1), Nov. 5, 1990, 104 Stat. 2033.)
Editorial Notes
Prior Provisions
A prior section 1619 of Pub. L. 95–118 was renumbered section 1622 and is classified to section 262p–5 of this title.
Statutory Notes and Related Subsidiaries
Fairness for Taiwan Nationals Regarding Employment at International Financial Institutions
Pub. L. 116–283, div. H, title XCVII, §9724, Jan. 1, 2021, 134 Stat. 4842, provided that:
"(a)
"(1) Taiwan is responsible for remarkable achievements in economic and democratic development, with its per capita gross domestic product rising in purchasing power parity terms from $3,470 in 1980 to more than $55,000 in 2018;
"(2) the experience of Taiwan in creating a vibrant and advanced economy under democratic governance and the rule of law can inform the work of the international financial institutions, including through the contributions and insights of Taiwan nationals; and
"(3) Taiwan nationals who seek employment at the international financial institutions should not be held at a disadvantage in hiring because the economic success of Taiwan has rendered it ineligible for financial assistance from such institutions.
"(b)
"(1) whether they are citizens or nationals of, or holders of a passport issued by, a member country of, or a state or other jurisdiction that receives assistance from, the international financial institution; or
"(2) any other consideration that, in the determination of the Secretary, unfairly disadvantages Taiwan nationals with respect to employment at the institution.
"(c)
"(1) will substantially promote the objective of equitable treatment for Taiwan nationals at the international financial institutions; or
"(2) is in the national interest of the United States, with a detailed explanation of the reasons therefor.
"(d)
"(e)
"(f)
"(1) the date that is 7 years after the date of the enactment of this Act [Jan. 1, 2021]; or
"(2) the date that the Secretary of the Treasury reports to the committees specified in subsection (c) that each international financial institution has adopted the policy described in subsection (b)."
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4o. Respect for indigenous peoples
The Secretary of the Treasury shall direct the United States Executive Directors of the international financial institutions (as defined in section 262r(c)(2) of this title) and the United States representative to the council of the Global Environment Facility administered by the International Bank for Reconstruction and Development to use the voice and vote of the United States to bring about the creation and full implementation of policies designed to promote respect for and full protection of the territorial rights, traditional economies, cultural integrity, traditional knowledge and human rights of indigenous peoples.
(Pub. L. 95–118, title XVI, §1620, as added Pub. L. 103–306, title V, §526(e), Aug. 23, 1994, 108 Stat. 1633.)
Editorial Notes
Prior Provisions
A prior section 1620 of Pub. L. 95–118 was renumbered 1622 and is classified to section 262p–5 of this title.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4p. Encouragement of fair labor practices
(a) The Secretary of the Treasury shall direct the United States Executive Directors of the international financial institutions (as defined in section 262r(c)(2) of this title) to use the voice and vote of the United States to urge the respective institution—
(1) to adopt policies to encourage borrowing countries to guarantee internationally recognized worker rights (within the meaning of section 2467(4) of title 19) and to include the status of such rights as an integral part of the institution's policy dialogue with each borrowing country;
(2) in developing the policies referred to in paragraph (1), to use the relevant conventions of the International Labor Organization, which have set forth, among other things, the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, and certain minimum labor standards that take into account differences in development levels among nations including a minimum age for the employment of children, acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and
(3) to establish formal procedures to screen projects and programs funded by the institution for any negative impact in a borrowing country on the rights referred to in paragraph (1).
(b) The Secretary of the Treasury shall submit to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate by the end of each fiscal year a report on the extent to which each borrowing country guarantees internationally recognized worker rights to its labor force and on progress toward achieving each of the goals described in subsection (a).
(Pub. L. 95–118, title XVI, §1621, as added Pub. L. 103–306, title V, §526(e), Aug. 23, 1994, 108 Stat. 1634; amended Pub. L. 104–188, title I, §1954(b)(4), Aug. 20, 1996, 110 Stat. 1928.)
Editorial Notes
Codification
Another section 1621 of Pub. L. 95–118 is classified to section 262p–4q of this title.
Amendments
1996—Subsec. (a)(1). Pub. L. 104–188 substituted "2467(4)" for "2462(a)(4)".
Statutory Notes and Related Subsidiaries
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 1996 Amendment
Amendment by Pub. L. 104–188 applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive application, see section 1953 of Pub. L. 104–188, set out as an Effective Date note under section 2461 of Title 19, Customs Duties.
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–4q. Opposition to assistance by international financial institutions to terrorist states
(a) In general
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 use of the funds of the respective institution to or for a country for which the Secretary of State has made a determination under section 4605(j) 1 of title 50 or section 2371 of this title.
(b) "International financial institution" defined
For purposes of this section, the term "international financial institution" includes—
(1) the International Bank for Reconstruction and Development, the International Development Association, and the International Monetary Fund;
(2) wherever applicable, the Inter-American Bank, the Asian Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund; and
(3) any similar institution established after April 24, 1996.
(Pub. L. 95–118, title XVI, §1621, as added Pub. L. 104–132, title III, §327, Apr. 24, 1996, 110 Stat. 1257.)
Editorial Notes
References in Text
Section 4605(j) of title 50, referred to in subsec. (a), was repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.
Codification
Another section 1621 of Pub. L. 95–118 is classified to section 262p–4p of this title.
Statutory Notes and Related Subsidiaries
Similar Provisions
Similar provisions are contained in section 262p–11 of this title.
Definitions
The definitions in section 262p–5 of this title apply to this section.
1 See References in Text note below.
§262p–4r. Use of authority of United States Executive Directors
(a) Action by the President
If the President determines that a particular foreign country has taken or has committed to take actions that contribute to efforts of the United States to respond to, deter, or prevent acts of international terrorism, the Secretary may, consistent with other applicable provisions of law, instruct the United States Executive Director of each international financial institution to use the voice and vote of the Executive Director to support any loan or other utilization of the funds of the respective institutions for such country, or any public or private entity within such country.
(b) Use of voice and vote
The Secretary may instruct the United States Executive Director of each international financial institution to aggressively use the voice and vote of the Executive Director to require an auditing of disbursements at such institution to ensure that no funds are paid to persons who commit, threaten to commit, or support terrorism.
(c) Definition
For purposes of this section, the term "international financial institution" means an institution described in section 262r(c)(2) of this title.
(Pub. L. 107–56, title III, §360, Oct. 26, 2001, 115 Stat. 329; Pub. L. 108–458, title VI, §6202(l), Dec. 17, 2004, 118 Stat. 3746.)
Editorial Notes
Amendments
2004—Subsec. (a). Pub. L. 108–458, §6202(l)(1), inserted "the" after "utilization of the funds of".
Subsec. (b). Pub. L. 108–458, §6202(l)(2), substituted "at such institution" for "at such institutions".
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–458 effective as if included in Pub. L. 107–56, as of the date of enactment of such Act, and no amendment made by Pub. L. 107–56 that is inconsistent with such amendment to be deemed to have taken effect, see section 6205 of Pub. L. 108–458, set out as a note under section 1828 of Title 12, Banks and Banking.
"Secretary" Defined
Secretary means the Secretary of the Treasury, see section 302(b)(5) of Pub. L. 107–56, set out in a note under section 5311 of Title 31, Money and Finance.
§262p–5. Definitions
For purposes of this title and titles XIV and XV—
(1) the term "multilateral development bank" means the International Bank for Reconstruction and Development, the International Development Association, and the regional multilateral development banks; and
(2) the term "regional multilateral development bank" means the Inter-American Development Bank, the African Development Bank, the African Development Fund, and the Asian Development Bank.
(Pub. L. 95–118, title XVI, §1622, formerly §1606, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134; renumbered §1612, Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36; renumbered §1613, renumbered §1614, renumbered §1617, Pub. L. 101–240, title II, §206, title V, §§501, 512, Dec. 19, 1989, 103 Stat. 2499, 2505, 2508; renumbered §1619, renumbered §1620, Pub. L. 101–513, title V, §562(a)(2), (b)(1), Nov. 5, 1990, 104 Stat. 2032, 2033; renumbered §1622, Pub. L. 103–306, title V, §526(e), Aug. 23, 1994, 108 Stat. 1633.)
Editorial Notes
References in Text
This title and titles XIV and XV, referred to in text, are titles XVI, XIV, and XV, respectively, of Pub. L. 95–118. Title XIV is classified to sections 262n to 262n–3 of this title, title XV is classified to sections 262o to 262o–4 of this title, and title XVI is classified to sections 262p to 262p–4q, 262p–5 to 262p–12, and 262p–13 to 262p–17 of this title. For complete classification of these titles to the Code, see Tables.
Codification
Section 1622, formerly §1606, 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. Renumbering of section 1606 of Pub. L. 95–118 as section 1612 was based on section 6 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
§262p–6. Improvement of the Heavily Indebted Poor Countries Initiative
(a) Improvement of the HIPC Initiative
In order to accelerate multilateral debt relief and promote human and economic development and poverty alleviation in heavily indebted poor countries, the Congress urges the President to commence immediately efforts, with the Paris Club of Official Creditors, as well as the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and other appropriate multilateral development institutions to accomplish the following modifications to the Heavily Indebted Poor Countries Initiative:
(1) Focus on poverty reduction, good governance, transparency, and participation of citizens
A country which is otherwise eligible to receive cancellation of debt under the modified Heavily Indebted Poor Countries Initiative may receive such cancellation only if the country has committed, in connection with social and economic reform programs that are jointly developed, financed, and administered by the World Bank and the IMF—
(A) to enable, facilitate, or encourage the implementation of policy changes and institutional reforms under economic reform programs, in a manner that ensures that such policy changes and institutional reforms are designed and adopted through transparent and participatory processes;
(B) to adopt an integrated development strategy to support poverty reduction through economic growth, that includes monitorable poverty reduction goals;
(C) to take steps so that the financial benefits of debt relief are applied to programs to combat poverty (in particular through concrete measures to improve economic infrastructure, basic services in education, nutrition, and health, particularly treatment and prevention of the leading causes of mortality) and to redress environmental degradation;
(D) to take steps to strengthen and expand the private sector, encourage increased trade and investment, support the development of free markets, and promote broad-scale economic growth;
(E) to implement transparent policy making and budget procedures, good governance, and effective anticorruption measures;
(F) to broaden public participation and popular understanding of the principles and goals of poverty reduction, particularly through economic growth, and good governance; and
(G) to promote the participation of citizens and nongovernmental organizations in the economic policy choices of the government.
(2) Faster debt relief
The Secretary of the Treasury should urge the IMF and the World Bank to complete a debt sustainability analysis by December 31, 2000, and determine eligibility for debt relief, for as many of the countries under the modified Heavily Indebted Poor Countries Initiative as possible.
(b) Heavily Indebted Poor Countries review
The Secretary of the Treasury, after consulting with the Committees on Banking and Financial Services and International Relations of the House of Representatives, and the Committees on Foreign Relations and Banking, Housing, and Urban Affairs of the Senate, shall make every effort (including instructing the United States Directors at the IMF and World Bank) to ensure that an external assessment of the modified Heavily Indebted Poor Countries Initiative, including the reformed Enhanced Structural Adjustment Facility program as it relates to that Initiative, takes place by December 31, 2001, incorporating the views of debtor governments and civil society, and that such assessment be made public.
(c) Definition
The term "modified Heavily Indebted Poor Countries Initiative" means the multilateral debt initiative presented in the Report of G–7 Finance Ministers on the Köln Debt Initiative to the Köln Economic Summit, Cologne, Germany, held from June 18–20, 1999.
(Pub. L. 95–118, title XVI, §1623, as added Pub. L. 106–113, div. B, §1000(a)(5) [title V, §502], Nov. 29, 1999, 113 Stat. 1536, 1501A-313.)
Statutory Notes and Related Subsidiaries
Change of Name
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.
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–7. Reform of the Enhanced Structural Adjustment Facility
The Secretary of the Treasury shall instruct the United States Executive Directors at the International Bank for Reconstruction and Development (World Bank) and the International Monetary Fund (IMF) to use the voice and vote of the United States to promote the establishment of poverty reduction strategy policies and procedures at the World Bank and the IMF that support countries' efforts under programs developed and jointly administered by the World Bank and the IMF that have the following components:
(1) The development of country-specific poverty reduction strategies (Poverty Reduction Strategies) under the leadership of such countries that—
(A) will be set out in poverty reduction strategy papers (PRSPs) that provide the basis for the lending operations of the International Development Association (IDA) and the reformed Enhanced Structural Adjustment Facility (ESAF);
(B) will reflect the World Bank's role in poverty reduction and the IMF's role in macroeconomic issues;
(C) will make the IMF's and the World Bank's advice and operations fully consistent with the objectives of poverty reduction through broad-based economic growth; and
(D) should include—
(i) implementation of transparent budgetary procedures and mechanisms to help ensure that the financial benefits of debt relief under the modified Heavily Indebted Poor Countries Initiative (as defined in section 262p–6 of this title) are applied to programs that combat poverty; and
(ii) monitorable indicators of progress in poverty reduction.
(2) The adoption of procedures for periodic comprehensive reviews of reformed ESAF and IDA programs to help ensure progress toward longer-term poverty goals outlined in the Poverty Reduction Strategies and to allow adjustments in such programs.
(3) The publication of the PRSPs prior to Executive Board review of related programs under IDA and the reformed ESAF.
(4) The establishment of a standing evaluation unit at the IMF, similar to the Operations Evaluation Department of the World Bank, that would report directly to the Executive Board of the IMF and that would undertake periodic reviews of IMF operations, including the operations of the reformed ESAF, including—
(A) assessments of experience under the reformed ESAF programs in the areas of poverty reduction, economic growth, and access to basic social services;
(B) assessments of the extent and quality of participation in program design by citizens;
(C) verifications that reformed ESAF programs are designed in a manner consistent with the Poverty Reduction Strategies; and
(D) prompt release to the public of all reviews by the standing evaluation unit.
(5) The promotion of clearer conditionality in IDA and reformed ESAF programs that focuses on reforms most likely to support poverty reduction through broad-based economic growth.
(6) The adoption by the IMF of policies aimed at reforming ESAF so that reformed ESAF programs are consistent with the Poverty Reduction Strategies.
(7) The adoption by the World Bank of policies to help ensure that its lending operations in countries eligible for debt relief under the modified Heavily Indebted Poor Countries Initiative are consistent with the Poverty Reduction Strategies.
(8) Strengthening the linkage between borrower country performance and lending operations by IDA and the reformed ESAF on the basis of clear and monitorable indictors.1
(9) Full public disclosure of the proposed objectives and financial organization of the successor to the ESAF at least 90 days before any decision by the Executive Board of the IMF to consider its adoption.
(Pub. L. 95–118, title XVI, §1624, as added Pub. L. 106–113, div. B, §1000(a)(5) [title V, §502], Nov. 29, 1999, 113 Stat. 1536, 1501A-314.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
1 So in original. Probably should be "indicators".
§262p–8. Modification of the Enhanced HIPC Initiative
(a) Authority
(1) In general
The Secretary of the Treasury should immediately commence efforts within the Paris Club of Official Creditors, the International Bank for Reconstruction and Development, the International Monetary Fund, and other appropriate multilateral development institutions to modify the Enhanced HIPC Initiative so that the amount of debt stock reduction approved for a country eligible for debt relief under the Enhanced HIPC Initiative shall be sufficient to reduce, for each of the first 3 years after May 27, 2003, or the Decision Point, whichever is later—
(A) the net present value of the outstanding public and publicly guaranteed debt of the country—
(i) as of the decision point 1 if the country has already reached its decision point; 1 or
(ii) as of May 27, 2003, if the country has not reached its decision point,1
to not more than 150 percent of the annual value of exports of the country for the year preceding the Decision Point; and
(B) the annual payments due on such public and publicly guaranteed debt to not more than—
(i) 10 percent or, in the case of a country suffering a public health crisis (as defined in subsection (e)), not more than 5 percent, of the amount of the annual current revenues received by the country from internal resources; or
(ii) a percentage of the gross national product of the country, or another benchmark, that will yield a result substantially equivalent to that which would be achieved through application of clause (i).
(2) Limitation
In financing the objectives of the Enhanced HIPC Initiative, an international financial institution shall give priority to using its own resources.
(b) Relation to poverty and the environment
Debt cancellation under the modifications to the Enhanced HIPC Initiative described in subsection (a) should not be conditioned on any agreement by an impoverished country to implement or comply with policies that deepen poverty or degrade the environment, including any policy that—
(1) implements or extends user fees on primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, tuberculosis, malaria, and infant, child, and maternal well-being;
(2) provides for increased cost recovery from poor people to finance basic public services such as education, health care, clean water, or sanitation;
(3) reduces the country's minimum wage to a level of less than $2 per day or undermines workers' ability to exercise effectively their internationally recognized worker rights, as defined under section 262p–4p of this title; 2 or
(4) promotes unsustainable extraction of resources or results in reduced budget support for environmental programs.
(c) Conditions
A country shall not be eligible for cancellation of debt under modifications to the Enhanced HIPC Initiative described in subsection (a) if the government of the country—
(1) has an excessive level of military expenditures;
(2) has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 4605(j)(1) 2 of title 50 or section 2371(a) of this title;
(3) is failing to cooperate on international narcotics control matters; or
(4) engages in a consistent pattern of gross violations of internationally recognized human rights (including its military or other security forces).
(d) Programs to combat HIV/AIDS and poverty
A country that is otherwise eligible to receive cancellation of debt under the modifications to the Enhanced HIPC Initiative described in subsection (a) may receive such cancellation only if the country has agreed—
(1) to ensure that the financial benefits of debt cancellation are applied to programs to combat HIV/AIDS and poverty, in particular through concrete measures to improve basic services in health, education, nutrition, and other development priorities, and to redress environmental degradation;
(2) to ensure that the financial benefits of debt cancellation are in addition to the government's total spending on poverty reduction for the previous year or the average total of such expenditures for the previous 3 years, whichever is greater;
(3) to implement transparent and participatory policymaking and budget procedures, good governance, and effective anticorruption measures; and
(4) to broaden public participation and popular understanding of the principles and goals of poverty reduction.
(e) Definitions
In this section:
(1) Country suffering a public health crisis
The term "country suffering a public health crisis" means a country in which the HIV/AIDS infection rate, as reported in the most recent epidemiological data for that country compiled by the Joint United Nations Program on HIV/AIDS, is at least 5 percent among women attending prenatal clinics or more than 20 percent among individuals in groups with high-risk behavior.
(2) Decision Point
The term "Decision Point" means the date on which the executive boards of the International Bank for Reconstruction and Development and the International Monetary Fund review the debt sustainability analysis for a country and determine that the country is eligible for debt relief under the Enhanced HIPC Initiative.
(3) Enhanced HIPC Initiative
The term "Enhanced HIPC Initiative" means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G–7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18–20, 1999.
(Pub. L. 95–118, title XVI, §1625, as added Pub. L. 108–25, title V, §501, May 27, 2003, 117 Stat. 747; amended Pub. L. 108–199, div. D, title V, §596, Jan. 23, 2004, 118 Stat. 209.)
Editorial Notes
References in Text
Section 262p–4p of this title, referred to in subsec. (b)(3), was in the original "section 526(e) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1995 (22 U.S.C. 262p–4p)" meaning section 526(e) of Pub. L. 103–306, which was translated as reading section 1621 of Pub. L. 95–118 which was enacted by section 526(e) of Pub. L. 103–306 and is classified to section 262p–4p of this title, to reflect the probable intent of Congress.
Section 4605(j)(1) of title 50, referred to subsec. (c)(2), was repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.
Codification
May 27, 2003, referred to in subsec. (a)(1)(A)(ii), was in the original "the date of the enactment of this Act", which was translated as meaning the date of enactment of Pub. L. 108–25, which enacted this section, to reflect the probable intent of Congress.
Amendments
2004—Subsec. (a)(1)(B)(ii). Pub. L. 108–199 substituted "clause (i)" for "subparagraph (A)".
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
1 So in original. The words "decision point" probably should be capitalized.
2 See References in Text note below.
§262p–9. Reform of the "Doing Business" Report of the World Bank
(a) The Secretary of the Treasury shall instruct the United States Executive Directors at the International Bank for Reconstruction and Development, the International Development Association, and the International Finance Corporation of the following United States policy goals, and to use the voice and vote of the United States to actively promote and work to achieve these goals:
(1) Suspension of the use of the "Employing Workers" Indicator for the purpose of ranking or scoring country performance in the annual Doing Business Report of the World Bank until a set of indicators can be devised that fairly represent the value of internationally recognized workers' rights, including core labor standards, in creating a stable and favorable environment for attracting private investment. The indicators shall bring to bear the experiences of the member governments in dealing with the economic, social and political complexity of labor market issues. The indicators should be developed through collaborative discussions with and between the World Bank, the International Finance Corporation, the International Labor Organization, private companies, and labor unions.
(2) Elimination of the "Labor Tax and Social Contributions" Subindicator from the annual Doing Business Report of the World Bank.
(3) Removal of the "Employing Workers" Indicator as a "guidepost" for calculating the annual Country Policy and Institutional Assessment score for each recipient country.
(b) Within 60 days after June 24, 2009, the Secretary of the Treasury shall provide an instruction to the United States Executive Directors referred to in subsection (a) to take appropriate actions with respect to implementing the policy goals of the United States set forth in subsection (a), and such instruction shall be posted on the website of the Department of the Treasury.
(Pub. L. 95–118, title XVI, §1626, as added Pub. L. 111–32, title XI, §1110, June 24, 2009, 123 Stat. 1902.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–10. Enhancing the transparency and effectiveness of the Inspection Panel process of the World Bank
(a) Enhancing transparency in implementation of Management Action Plans
The Secretary of the Treasury shall direct the United States Executive Directors at the World Bank to seek to ensure that World Bank Procedure 17.55, which establishes the operating procedures of Management with regard to the Inspection Panel, provides that Management prepare and make available to the public semiannual progress reports describing implementation of Action Plans considered by the Board; allow and receive comments from Requesters and other Affected Parties for two months after the date of disclosure of the progress reports; post these comments on World Bank and Inspection Panel websites (after receiving permission from the requestors to post with or without attribution); submit the reports to the Board with any comments received; and make public the substance of any actions taken by the Board after Board consideration of the reports.
(b) Safeguarding the independence and effectiveness of the Inspection Panel
The Secretary of the Treasury shall direct the United States Executive Directors at the World Bank to continue to promote the independence and effectiveness of the Inspection Panel, including by seeking to ensure the availability of, and access by claimants to, the Inspection Panel for projects supported by World Bank resources.
(c) Evaluation of country systems
The Secretary of the Treasury shall direct the United States Executive Directors at the World Bank to request an evaluation by the Independent Evaluation Group on the use of country environmental and social safeguard systems to determine the degree to which, in practice, the use of such systems provides the same level of protection at the project level as do the policies and procedures of the World Bank.
(d) World Bank defined
In this section, the term "World Bank" means the International Bank for Reconstruction and Development and the International Development Association.
(Pub. L. 95–118, title XVI, §1627, as added Pub. L. 111–32, title XI, §1110, June 24, 2009, 123 Stat. 1902.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–11. Opposition to loans or funds for countries that support terrorism
The Secretary of the Treasury shall instruct the United States Executive Director at each of the International Financial Institutions 1 (as defined in section 262r(c)(2) of this title) to use the voice and vote of the United States to oppose the provision of loans or other use of the funds of the respective institution to any country the government of which the Secretary of State has determined, for purposes of section 4605(j) 2 of title 50, section 2371 of this title, or section 2780 of this title, to be a government that has repeatedly provided support for acts of international terrorism.
(Pub. L. 95–118, title XVI (par.), as added Pub. L. 111–32, title XIV, §1404, June 24, 2009, 123 Stat. 1919.)
Editorial Notes
References in Text
Section 4605(j) of title 50, referred to in text, was repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.
Codification
Section is comprised of an undesignated paragraph which was added at the end of title XVI of Pub. L. 95–118.
Statutory Notes and Related Subsidiaries
Similar Provisions
Similar provisions are contained in section 262p–4q of this title.
Definitions
The definitions in section 262p–5 of this title apply to this section.
1 So in original. Probably should not be capitalized.
2 See References in Text note below.
§262p–12. Cancellation of Haiti's debts to international financial institutions
(a) In general
The Secretary of the Treasury should direct the United States Executive Director at the International Monetary Fund, the International Development Association, the Inter-American Development Bank, the International Fund for Agricultural Development, and other multilateral development institutions (as defined in section 262r(c)(3) of this title) to use the voice, vote and influence of the United States at each such institution to seek to achieve—
(1) the immediate and complete cancellation of any and all remaining debts owed by Haiti to such institutions;
(2) the suspension of Haiti's debt service payments to such institutions until such time as the debts are canceled completely; and
(3) the provision, before February 1, 2015, of emergency, humanitarian and reconstruction assistance from such institutions to Haiti in the form of grants or other assistance such that Haiti does not accumulate debt.
(b) Use of certain funds for assistance to Haiti
The Secretary of the Treasury should instruct the United States Executive Director of the International Monetary Fund to advocate the use of some of the realized windfall profits that exceed the required contribution to the Poverty Reduction and Growth Trust (as referenced in the IMF Reforms Financial Facilities for Low-Income Countries Public Information Notice (PIN) No. 09/94) from the ongoing sale of 12,965,649 ounces of gold acquired since the second Amendment of the Fund's Article of Agreement, to provide debt stock relief and debt service relief for Haiti and, before February 1, 2015, to provide grants for Haiti.
(c) Securing other relief for Haiti
The Secretary of the Treasury and the Secretary of State should use all appropriate diplomatic influence to secure cancellation of any and all remaining bilateral, multilateral and private creditor debt owed by Haiti.
(Pub. L. 95–118, title XVI, §1628, as added Pub. L. 111–158, §2, Apr. 26, 2010, 124 Stat. 1121.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–12a. Ukraine debt payment relief
(a) Suspension of multilateral debt payments of Ukraine
(1) United States position in the international financial institutions
The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 262r(c)(2) of this title) to use the voice, vote, and influence of the United States to advocate that the respective institution immediately provide appropriate debt service relief to Ukraine.
(2) Official bilateral and commercial debt service payment relief
The Secretary of the Treasury, working in coordination with the Secretary of State, shall commence immediate efforts with other governments and commercial creditor groups, through the Paris Club of Official Creditors and other bilateral and multilateral frameworks, both formal and informal, to pursue comprehensive debt payment relief for Ukraine.
(3) Multilateral financial support for Ukraine
The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as defined in section 262r(c)(2) of this title) to use the voice and vote of the United States to support, to the extent practicable, the provision of concessional financial assistance for Ukraine.
(4) Multilateral financial support for refugees
The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as defined in section 262r(c)(2) of this title) to use the voice and vote of the United States to seek to provide economic support for refugees from Ukraine, including refugees of African and Asian descent, and for countries receiving refugees from Ukraine that are eligible for assistance from the multilateral development banks.
(b) Report to the Congress
Not later than December 31 of each year, the President shall—
(1) submit to the Committees on Financial Services, on Appropriations, and on Foreign Affairs of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate, a report on the activities undertaken under this section; and
(2) make public a copy of the report.
(c) Waiver and termination
(1) Waiver
The President may waive the application of this section if the President determines that a waiver is in the national interest of the United States and reports to the Congress an explanation of the reasons therefor.
(2) Termination
This section shall have no force or effect on the earlier of—
(A) the date that is 7 years after December 23, 2022; or
(B) the date that is 30 days after the date on which the President reports to Congress that the Government of the Russian Federation has ceased its destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine.
(Pub. L. 117–263, div. E, title LVII, §5703, Dec. 23, 2022, 136 Stat. 3410.)
§262p–13. Support for capacity of the International Monetary Fund to prevent money laundering and financing of terrorism
The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to support the increased use of the administrative budget of the Fund for technical assistance that strengthens the capacity of members of the Fund to prevent money laundering and the financing of terrorism.
(Pub. L. 95–118, title XVI, §1629, as added Pub. L. 116–92, div. F, title LXXI, §7125(a), Dec. 20, 2019, 133 Stat. 2249.)
Repeal of Section
Pub. L. 116–92, div. F, title LXXI, §7125(b), Dec. 20, 2019, 133 Stat. 2249, as amended by Pub. L. 116–283, div. F, title LXI, §6112(b)(1), Jan. 1, 2021, 134 Stat. 4564, provided that, effective on the date that is 6 years after Dec. 20, 2019, this section is repealed.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 116–92, div. F, title LXXI, §7125(b), Dec. 20, 2019, 133 Stat. 2249, as amended by Pub. L. 116–283, div. F, title LXI, §6112(b)(1), Jan. 1, 2021, 134 Stat. 4564, provided that: "Effective on the date that is 6 years after the date of the enactment of this Act [Dec. 20, 2019], section 1629 of the International Financial Institutions Act [this section], as added by subsection (a), is repealed."
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–14. Support to enhance the capacity of fund members to evaluate the legal and financial terms of sovereign debt contracts
The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors.
(Pub. L. 95–118, title XVI, §1630, as added Pub. L. 117–81, div. F, title LXI, §6103(a), Dec. 27, 2021, 135 Stat. 2384.)
Termination of Section
For termination of section by section 6103(c) of Pub. L. 117–81, see Termination Date note below.
Statutory Notes and Related Subsidiaries
Termination Date
Pub. L. 117–81, div. F, title LXI, §6103(c), Dec. 27, 2021, 135 Stat. 2385, provided that: "The amendment made by subsection (a) [enacting this section] shall have no force or effect after the 5-year period that begins with the date of the enactment of this Act [Dec. 27, 2021]."
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–15. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank
(a) Policy of the United States
The Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military.
(b) Submission of written statements
No later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection (a) or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board.
(c) Waiver
The President of the United States may waive the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver—
(1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and the oversight safeguards that will accompany such assistance; or
(2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor.
(d) World Bank Group defined
In this section, the term "World Bank Group" means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.
(Pub. L. 95–118, title XVI, §1631, as added Pub. L. 117–81, div. F, title LXI, §6104(b), Dec. 27, 2021, 135 Stat. 2385.)
Repeal of Section
For repeal of section by section 6104(c) of Pub. L. 117–81, see Effective Date of Repeal note below.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 117–81, div. F, title LXI, §6104(c), Dec. 27, 2021, 135 Stat. 2386, provided that: "Section 1631 of the International Financial Institutions Act [22 U.S.C. 262p–15], as added by subsection (b), is repealed on the earlier of—
"(1) the date the President of the United States submits to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a certification that—
"(A) the Burmese military has released all political prisoners;
"(B) an elected government has been instated following free and fair elections; and
"(C) all government institutions involved in the provision of multilateral assistance are fully under civilian control; or
"(2) the date that is 10 years after the date of the enactment of this Act [Dec. 27, 2021]."
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–16. United States policy on World Bank Group and Asian Development Bank Assistance to the People's Republic of China
(a) In general
The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution of the World Bank Group and at the Asian Development Bank to use the voice and vote of the United States at the respective institution to vote against the provision of any loan, extension of financial assistance, or technical assistance to the People's Republic of China unless the Secretary of the Treasury has certified to the appropriate congressional committees that—
(1) the Government of the People's Republic of China and any lender owned or controlled by the Government of the People's Republic of China have demonstrated a commitment—
(A) to the rules and principles of the Paris Club, or of other similar coordinated multilateral initiatives on debt relief and debt restructuring in which the United States participates, including with respect to debt transparency and appropriate burden-sharing among all creditors;
(B) to the practice of presumptive public disclosure of the terms and conditions on which they extend credit to other governments (without regard to the form of any such extension of credit);
(C) not to enforce any agreement terms that may impair their own or the borrowers' capacity fully to implement any commitment described in subparagraph (A) or (B); and
(D) not to enter into any agreement containing terms that may impair their own or the borrowers' capacity fully to implement any commitment described in subparagraph (A) or (B); or
(2) the loan or assistance is important to the national interest of the United States, as described in a detailed explanation by the Secretary to accompany the certification.
(b) Definitions
In this section:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate.
(2) World Bank Group
The term "World Bank Group" means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.
(Pub. L. 95–118, title XVI, §1632, as added Pub. L. 117–263, div. E, title LVII, §5701, Dec. 23, 2022, 136 Stat. 3407.)
Repeal of Section
Pub. L. 117–263, div. E, title LVII, §5701(b), Dec. 23, 2022, 136 Stat. 3408, provided that, effective on the date that is 7 years after Dec. 23, 2022, this section is repealed.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 117–263, div. E, title LVII, §5701(b), Dec. 23, 2022, 136 Stat. 3408, provided that: "The amendment made by subsection (a) [enacting this section] is repealed effective on the date that is 7 years after the effective date of this section [Dec. 23, 2022]."
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262p–17. Support for international initiatives to provide debt restructuring or relief to developing countries with unsustainable levels of debt
(a) Debt relief
The Secretary of the Treasury, in consultation with the Secretary of State, shall—
(1) engage with international financial institutions, the G20, and official and commercial creditors to advance support for prompt and effective implementation and improvement of the Common Framework for Debt Treatments beyond the DSSI (in this section referred to as the "Common Framework"), or any successor framework or similar coordinated international debt treatment process in which the United States participates through the establishment and publication of clear and accountable—
(A) debt treatment benchmarks designed to achieve debt sustainability for each participating debtor;
(B) standards for appropriate burden-sharing among all creditors with material claims on each participating debtor, without regard for their official, private, or hybrid status;
(C) robust debt disclosure by creditors, including the People's Republic of China, and debtor countries, including inter-creditor data-sharing and, to the maximum extent practicable, public disclosure of material terms and conditions of claims on participating debtors;
(D) expansion of Common Framework country eligibility to lower middle-income countries who otherwise meet the existing criteria;
(E) improvements to the Common Framework process with the aim of ensuring access to debt relief in a timely manner for those countries eligible and who request treatment; and
(F) consistent enforcement and improvement of the policies of multilateral institutions relating to asset-based and revenue-based borrowing by participating debtors, and coordinated standards on restructuring collateralized debt;
(2) engage with international financial institutions and official and commercial creditors to advance support, as the Secretary finds appropriate, for debt restructuring or debt relief for each participating debtor, including, on a case-by-case basis, a debt standstill, if requested by the debtor country through the Common Framework process from the time of conclusion of a staff-level agreement with the International Monetary Fund, and until the conclusion of a memorandum of understanding with its creditor committee pursuant to the Common Framework, or any successor framework or similar coordinated international debt treatment process in which the United States participates; and
(3) instruct the United States Executive Director at the International Monetary Fund and the United States Executive Director at the World Bank to use the voice and vote of the United States to advance the efforts described in paragraphs (1) and (2).
(b) Reporting requirement
Not later than 120 days after December 23, 2022, and annually thereafter, the Secretary of the Treasury, in coordination with the Secretary of State, shall submit to the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate and the Committees on Financial Services and Foreign Affairs of the House of Representatives a report that describes—
(1) any actions that have been taken, in coordination with international financial institutions, by official creditors, including the government of, and state-owned enterprises in, the People's Republic of China, and relevant commercial creditor groups to advance debt restructuring or relief for countries with unsustainable debt that have sought restructuring or relief under the Common Framework, any successor framework or mechanism, or under any other coordinated international arrangement for sovereign debt restructuring in which the United States participates;
(2) any implementation challenges that hinder the ability of the Common Framework to provide timely debt restructuring for any country with unsustainable debt that seeks debt restructuring or debt payment relief, including any refusal of a creditor to participate in appropriate burden-sharing, including failure to share (or publish, as appropriate) all material information needed to assess debt sustainability; and
(3) recommendations on how to address any challenges identified in paragraph (2).
(Pub. L. 95–118, title XVI, §1633, as added Pub. L. 117–263, div. E, title LVII, §5702, Dec. 23, 2022, 136 Stat. 3408.)
Repeal of Section
Pub. L. 117–263, div. E, title LVII, §5702(b), Dec. 23, 2022, 136 Stat. 3410, provided that, effective on the date that is 5 years after Dec. 23, 2022, this section is repealed.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 117–263, div. E, title LVII, §5702(b), Dec. 23, 2022, 136 Stat. 3410, provided that: "The amendment made by subsection (a) [enacting this section] is repealed effective on the date that is 5 years after the effective date of this section [Dec. 23, 2022]."
Definitions
The definitions in section 262p–5 of this title apply to this section.
§262q. Transferred
Editorial Notes
Codification
Section, Pub. L. 100–418, title III, §3202, Aug. 23, 1988, 102 Stat. 1382, which related to multilateral development bank procurement, was renumbered section 1801 of title XVIII of Pub. L. 95–118, by Pub. L. 101–240, title V, §541(b)(1), Dec. 19, 1989, 103 Stat. 2517, and transferred to section 262s of this title.
§262r. Annual report by Chairman of National Advisory Council on International Monetary and Financial Policies
(a) In general
The Chairman shall report annually to the Speaker of the House of Representatives, the President of the Senate, and to the President of the United States on the participation of the United States in the international financial institutions. The Chairman shall present such report to the Speaker of the House of Representatives and the President of the Senate not later than April 1 of each year following the close of the fiscal year covered by such report, except that the report for fiscal year 1989 shall be submitted not later than June 1, 1990.
(b) Contents of reports
Each annual report required by subsection (a) shall contain—
(1) such data and explanations concerning the effectiveness, operations, and policies of the international financial institutions, such recommendations concerning the international financial institutions, and such other data and material as the Chairman may deem appropriate;
(2) the reports on each specific issue and topic which is required by any other provision of law to be included in the report of the National Advisory Council on International Monetary and Financial Policies required by section 286b(b)(5) of this title, as in effect immediately before December 19, 1989;
(3) a description of each loan or other form of financial assistance approved by any international financial institution during the fiscal year covered by such report, and a discussion of how such loan or financial assistance will benefit the people, particularly the poor people, of the recipient country;
(4) a review of the success achieved through the multilateral development banks in reducing or eliminating import restrictions and unfair export subsidies which—
(A) have been determined to be consistent with international agreements; and
(B) have a serious adverse impact on the United States;
(5) a description of the actions taken and the progress made in carrying out subsections (a) and (b) of section 286cc of this title;
(6) the report required by section 2018(c) of the International Narcotics Act of 1986 (title II of Public Law 99–570), discussing the actions taken and progress made in encouraging the multilateral development banks to finance drug eradication and crop substitution programs;
(7) a description of the progress made by the United States Executive Director of the International Monetary Fund with respect to the goals of section 286kk of this title;
(8) a description of the status of procedures in the multilateral development banks specifically designed to increase the productive role of the poor in the economies of the nations which are borrowers from such banks;
(9) in consultation with the Secretary of State, a report on the progress toward achieving the goals of title VII (other than section 262e of this title), including the information required to be reported pursuant to section 262d(c) 1 of this title, and, for the fiscal year 1990, the report described in section 262p–4h of this title;
(10) in consultation with the Secretary of State and the Administrator of the Agency for International Development, an assessment of the progress being made to implement the objectives of title XIII; and
(11) a report on—
(A) the progress made in transforming government-owned enterprises into privately owned enterprises as described in section 262p–4g(b) of this title;
(B) the performance of the privately owned enterprises resulting from such transformation; and
(C) the contributions of development finance companies toward strengthening the private sector in member borrowing countries.
(c) Definitions
As used in this title, title XVIII, and title XIX:
(1) Chairman
The term "Chairman" means the Chairman of the National Advisory Council on International Monetary and Financial Policies.
(2) International financial institutions
The term "international financial institutions" means the International Monetary Fund, International Bank for Reconstruction and Development, European Bank for Reconstruction and Development, International Development Association, International Finance Corporation, Multilateral Investment Guarantee Agency, African Development Bank, African Development Fund, Asian Development Bank, Inter-American Development Bank 2 Bank for Economic Cooperation and Development in the Middle East and North Africa,,3 and Inter-American Investment Corporation.
(3) Multilateral development institutions
The term "multilateral development institutions" means the international financial institutions other than the International Monetary Fund.
(4) Multilateral development banks
The term "multilateral development banks" means the multilateral development institutions other than the Multilateral Investment Guarantee Agency.
(d) Testimony required
Upon request of the Committee on Banking, Finance and Urban Affairs of the House of Representatives, the Chairman shall testify before the Committee to support and explain each annual report required by subsection (a). If the President has delegated to a person or persons other than the Chairman the authority to manage United States participation in the international financial institutions which was vested in the President by section 1(b) of the Reorganization Plan No. 4 of 1965, such person or persons shall, upon request of the Committee, accompany the Chairman and testify before the Committee with regard to such report. The Chairman and such other person or persons shall assess, in their testimony, the effectiveness of the international financial institutions, the major issues affecting United States participation, the major developments in the past year, the prospects for the coming year, United States policy goals with respect to the international financial institutions, and any specific issues addressed to them by any member of the Committee.
(e) Advisory Committee on IMF policy
(1) In general
The Secretary of the Treasury should establish an International Monetary Fund Advisory Committee (in this subsection referred to as the "Advisory Committee").
(2) Membership
The Advisory Committee should consist of members appointed by the Secretary of the Treasury, after appropriate consultations with the relevant organizations. Such members should include representatives from industry, representatives from agriculture, representatives from organized labor, representatives from banking and financial services, and representatives from nongovernmental environmental and human rights organizations.
(Pub. L. 95–118, title XVII, §1701, as added Pub. L. 101–240, title V, §541(a), Dec. 19, 1989, 103 Stat. 2514; amended Pub. L. 101–513, title V, §562(c)(10)(A), Nov. 5, 1990, 104 Stat. 2036; Pub. L. 104–208, div. A, title I, §101(c) [title VII, §710(a)], Sept. 30, 1996, 110 Stat. 3009–121, 3009-181; Pub. L. 105–277, div. A, §101(d) [title VI, §610(b)], Oct. 21, 1998, 112 Stat. 2681–150, 2681-228.)
Editorial Notes
References in Text
Section 2018(c) of the International Narcotics Act of 1986, referred to in subsec. (b)(6), means section 2018(c) of Pub. L. 99–570, known as the International Narcotics Control Act of 1986, which is set out as a note under section 2291 of this title.
This title and titles VII, XIII, XVIII, and XIX, referred to in subsecs. (b)(9), (10) and (c), are titles XVII, VII, XIII, XVIII, and XIX, respectively, of Pub. L. 95–118. Title VII enacted sections 262d and 262e of this title, repealed sections 283y, 284m, and 290g–9 of this title, and enacted provisions set out as a note under section 262c of this title. Title XIII is classified to sections 262m to 262m–8 of this title. Title XVII is classified to sections 262r to 262r–5 of this title. Title XVIII is classified to sections 262s to 262s–2 of this title. Title XIX is classified to section 262t of this title. For complete classification of these titles to the Code, see Tables.
Section 262d(c) of this title, referred to in subsec. (b)(9), was repealed by Pub. L. 113–188, title XVI, §1601(b), Nov. 26, 2014, 128 Stat. 2025.
Reorganization Plan No. 4 of 1965, referred to in subsec. (d), is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
1998—Subsec. (e). Pub. L. 105–277 added subsec. (e).
1996—Subsec. (c)(2). Pub. L. 104–208 inserted "Bank for Economic Cooperation and Development in the Middle East and North Africa," after "Inter-American Development Bank".
1990—Subsec. (c)(2). Pub. L. 101–513 inserted "European Bank for Reconstruction and Development," before "International Development Association,".
Statutory Notes and Related Subsidiaries
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.
Contents of Reports; Applicability of Statutory Requirements
Pub. L. 105–277, div. A, §101(d) [title V, §583], Oct. 21, 1998, 112 Stat. 2681–150, 2681-202, provided that:
"(a) Notwithstanding any other provision of law, each annual report required by subsection 1701(a) of the International Financial Institutions Act, as amended (Public Law 95–118, 22 U.S.C. 262r), shall comprise—
"(1) an assessment of the effectiveness of the major policies and operations of the international financial institutions;
"(2) the major issues affecting United States participation;
"(3) the major developments in the past year;
"(4) the prospects for the coming year;
"(5) the progress made and steps taken to achieve United States policy goals (including major policy goals embodied in current law) with respect to the international financial institutions; and
"(6) such data and explanations concerning the effectiveness, operations, and policies of the international financial institutions, such recommendations concerning the international financial institutions, and such other data and material as the Chairman may deem appropriate.
"(b) The requirements of Sections 1602(e), 1603(c), 1604(c), and 1701(b) of the International Financial Institutions Act, as amended (Public Law 95–118, 22 U.S.C. 262p–1, 262p–2, 262p–3 and 262(r) [262r]), Section 2018(c) of the International Narcotics Control Act of 1986, as amended (Public Law 99–570, 22 U.S.C. 2291 note), Section 407(c) of the Foreign Debt Reserving Act of 1989 (Public Law 101–240, 22 U.S.C. 2291 note), Section 14(c) of the Inter-American Development Bank Act, as amended (Public Law 86–147, 22 U.S.C. 283j–1(c)), and Section 1002 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 102–511) (22 U.S.C. 286ll(b)) shall no longer apply to the contents of such annual reports."
International Financial Institution Advisory Commission
Pub. L. 105–277, div. A, §101(d) [title VI, §603], Oct. 21, 1998, 112 Stat. 2681–150, 2681-220, provided that:
"(a)
"(b)
"(1)
"(A) 3 members appointed by the Speaker of the House of Representatives.
"(B) 3 members appointed by the Majority Leader of the Senate.
"(C) 5 members appointed jointly by the Minority Leader of the House of Representatives and the Minority Leader of the Senate.
"(2)
"(3)
"(c)
"(1)
"(2)
"(d)
"(e)
"(1) the effect of globalization, increased trade, capital flows, and other relevant factors on such institutions;
"(2) the adequacy, efficacy, and desirability of current policies and programs at such institutions as well as their suitability for respective beneficiaries of such institutions;
"(3) cooperation or duplication of functions and responsibilities of such institutions; and
"(4) other matters the Commission deems necessary to make recommendations pursuant to subsection (g).
"(f)
"(1)
"(2)
"(3)
"(g)
"(1) Changes to policy goals set forth in the Bretton Woods Agreements Act [22 U.S.C. 286 et seq.] and the International Financial Institutions Act [see Short Title of 1977 Amendment note set out under section 261 of this title].
"(2) Changes to the charters, organizational structures, policies and programs of the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act [22 U.S.C. 262r(c)(2)]).
"(3) Additional monitoring tools, global standards, or regulations for, among other things, global capital flows, bankruptcy standards, accounting standards, payment systems, and safety and soundness principles for financial institutions.
"(4) Possible mergers or abolition of the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act [22 U.S.C. 262r(c)(2)]), including changes to the manner in which such institutions coordinate their policy and program implementation and their roles and responsibilities.
"(5) Any additional changes necessary to stabilize currencies, promote continued trade liberalization and to avoid future financial crises.
"(h)
"(i)
"(1) Within three months after receiving the report of the Commission under subsection (g), the President of the United States through the Secretary of the Treasury shall report to the appropriate committees on the desirability and feasibility of implementing the recommendations contained in the report.
"(2) Annually, for three years after the termination of the Commission, the President of the United States through the Secretary of the Treasury shall submit to the appropriate committees a report on the steps taken, if any, through relevant international institutions and international fora to implement such recommendations as are deemed feasible and desirable under paragraph (1)."
Progress Reports to Congress on United States Initiatives To Update Architecture of International Monetary System
Pub. L. 105–277, div. A, §101(d) [title VI, §606], Oct. 21, 1998, 112 Stat. 2681–150, 2681-223, provided that: "Not later than July 15, 1999, and July 15, 2000, the Secretary of the Treasury shall report to the Chairmen and Ranking Members of the appropriate committees on the progress of efforts to reform the architecture of the international monetary system. The reports shall include a discussion of the substance of the United States position in consultations with other governments and the degree of progress in achieving international acceptance and implementation of such position with respect to the following issues:
"(1) Adapting the mission and capabilities of the International Monetary Fund to take better account of the increased importance of cross-border capital flows in the world economy and improving the coordination of its responsibilities and activities with those of the International Bank for Reconstruction and Development.
"(2) Advancing measures to prevent, and improve the management of, international financial crises, including by—
"(A) integrating aspects of national bankruptcy principles into the management of international financial crises where feasible; and
"(B) changing investor expectations about official rescues, thereby reducing moral hazard and systemic risk in international financial markets,
in order to help minimize the adjustment costs that the resolution of financial crises may impose on the real economy, in the form of disrupted patterns of trade, employment, and progress in living standards, and reduce the frequency and magnitude of claims on United States taxpayer resources.
"(3) Improving international economic policy cooperation, including among the Group of Seven countries, to take better account of the importance of cross-border capital flows in the determination of exchange rate relationships.
"(4) Improving international cooperation in the supervision and regulation of financial institutions and markets.
"(5) Strengthening the financial sector in emerging economies, including by improving the coordination of financial sector liberalization with the establishment of strong public and private institutions in the areas of prudential supervision, accounting and disclosure conventions, bankruptcy laws and administrative procedures, and the collection and dissemination of economic and financial statistics, including the maturity structure of foreign indebtedness.
"(6) Advocating that implementation of European Economic and Monetary Union and the advent of the European Currency Unit, or euro, proceed in a manner that is consistent with strong global economic growth and stability in world financial markets."
Definitions
Pub. L. 105–277, div. A, §101(d) [title VI, §607], Oct. 21, 1998, 112 Stat. 2681–150, 2681-224, as amended by Pub. L. 106–200, title IV, §404(a), May 18, 2000, 114 Stat. 291, provided that: "For purposes of sections 601 through 606 of this title [see Tables for classification], the term 'appropriate committees' means the Committees on Appropriations, Foreign Relations, Finance, and Banking, Housing, and Urban Affairs of the Senate and the Committees on Appropriations, Ways and Means, and Banking and Financial Services [now Committee on Financial Services] of the House of Representatives."
1 See References in Text note below.
2 So in original. Probably should be followed by a comma.
§262r–1. Transmission to the Congress of operating summaries of the multilateral development banks
The Secretary of the Treasury shall transmit to the Congress, on a monthly basis, current copies of the Monthly Operating Summary of the International Bank for Reconstruction and Development, showing the loan proposals or appraisal reports under consideration and the status of those loan proposals or appraisal reports within the Bank. The Secretary of the Treasury shall also transmit to the Congress, at such times as may be appropriate, comparable documents prepared by the other multilateral development banks which show the loans or credits under consideration in the other multilateral development banks.
(Pub. L. 95–118, title XVII, §1702, as added Pub. L. 101–240, title V, §541(a), Dec. 19, 1989, 103 Stat. 2516.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262r of this title apply to this section.
§262r–2. Combined report on effect of pending multilateral development bank loans on environment, natural resources, public health, and indigenous peoples
Not later than April 1 and October 1 of each year, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit 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, as a combined report, the reports required by section 262m–2(c) of this title and by section 262l–1(h)(2) of this title.
(Pub. L. 95–118, title XVII, §1703, as added Pub. L. 101–240, title V, §541(a), Dec. 19, 1989, 103 Stat. 2516.)
Statutory Notes and Related Subsidiaries
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.
Definitions
The definitions in section 262r of this title apply to this section.
§262r–3. Reports on financial stabilization programs led by International Monetary Fund in connection with financing from Exchange Stabilization Fund
(a) In general
The Secretary of the Treasury, in consultation with the Secretary of Commerce and other appropriate Federal agencies, shall prepare reports on the implementation of financial stabilization programs (and any material terms and conditions thereof) led by the International Monetary Fund in countries in connection with which the United States has made a commitment to provide, or has provided financing from the stabilization fund established under section 5302 of title 31. The reports shall include the following:
(1) A description of the condition of the economies of countries requiring the financial stabilization programs, including the monetary, fiscal, and exchange rate policies of the countries.
(2) A description of the degree to which the countries requiring the financial stabilization programs have fully implemented financial sector restructuring and reform measures required by the International Monetary Fund, including—
(A) ensuring full respect for the commercial orientation of commercial bank lending;
(B) ensuring that governments will not intervene in bank management and lending decisions (except in regard to prudential supervision);
(C) the enactment and implementation of appropriate financial reform legislation;
(D) strengthening the domestic financial system and improving transparency and supervision; and
(E) the opening of domestic capital markets.
(3) A description of the degree to which the countries requiring the financial stabilization programs have fully implemented reforms required by the International Monetary Fund that are directed at corporate governance and corporate structure, including—
(A) making nontransparent conglomerate practices more transparent through the application of internationally accepted accounting practices, independent external audits, full disclosure, and provision of consolidated statements; and
(B) ensuring that no government subsidized support or tax privileges will be provided to bail out individual corporations, particularly in the semiconductor, steel, and paper industries.
(4) A description of the implementation of reform measures required by the International Monetary Fund to deregulate and privatize economic activity by ending domestic monopolies, undertaking trade liberalization, and opening up restricted areas of the economy to foreign investment and competition.
(5) A detailed description of the trade policies of the countries, including any unfair trade practices or adverse effects of the trade policies on the United States.
(6) A description of the extent to which the financial stabilization programs have resulted in appropriate burden-sharing among private sector creditors, including rescheduling of outstanding loans by lengthening maturities, agreements on debt reduction, and the extension of new credit.
(7) A description of the extent to which the economic adjustment policies of the International Monetary Fund and the policies of the government of the country adequately balance the need for financial stabilization, economic growth, environmental protection, social stability, and equity for all elements of the society.
(8) Whether International Monetary Fund involvement in labor market flexibility measures has had a negative effect on core worker rights, particularly the rights of free association and collective bargaining.
(9) A description of any pattern of abuses of core worker rights in recipient countries.
(10) The amount, rate of interest, and disbursement and repayment schedules of any funds disbursed from the stabilization fund established under section 5302 of title 31, in the form of loans, credits, guarantees, or swaps, in support of the financial stabilization programs.
(11) The amount, rate of interest, and disbursement and repayment schedules of any funds disbursed by the International Monetary Fund to the countries in support of the financial stabilization programs.
(b) Timing
Not later than March 15, 1999, and semiannually thereafter, the Secretary of the Treasury shall submit to the Committees on Banking and Financial Services, Ways and Means, and International Relations of the House of Representatives and the Committees on Finance, Foreign Relations, and Banking, Housing, and Urban Affairs of the Senate a report on the matters described in subsection (a).
(Pub. L. 95–118, title XVII, §1704, as added Pub. L. 105–277, div. A, §101(d) [title VI, §612], Oct. 21, 1998, 112 Stat. 2681–150, 2681-228; amended Pub. L. 106–200, title IV, §404(b), May 18, 2000, 114 Stat. 292.)
Editorial Notes
Amendments
2000—Subsec. (b). Pub. L. 106–200 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "Not later than March 15, 1999, and semiannually thereafter, the Secretary of the Treasury shall submit to the Committees on Banking and Financial Services and International Relations of the House of Representatives and the Committees on Foreign Relations, and Banking, Housing, and Urban Affairs of the Senate a report on the matters described in subsection (a) of this section."
Statutory Notes and Related Subsidiaries
Change of Name
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.
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Definitions
The definitions in section 262r of this title apply to this section.
§262r–4. Annual report and testimony on state of international financial system, IMF reform, and compliance with IMF agreements
(a) Reports
Not later than October 1 of each year, the Secretary of the Treasury shall submit to the Committees on Banking and Financial Services and on Ways and Means of the House of Representatives and the Committees on Finance and on Foreign Relations of the Senate a written report on (1) the progress (if any) made by the United States Executive Director at the International Monetary Fund in influencing the International Monetary Fund to adopt the policies and reform its internal procedures in the manner described in section 262o–2 of this title, and (2) the progress made by the International Monetary Fund in adopting and implementing the policies described in section 801(c)(1)(B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001.
(b) Testimony
After submitting the report required by subsection (a) but not later than March 1 of each year, the Secretary of the Treasury shall appear before the Committee on Banking and Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate and present testimony on—
(1) any progress made in reforming the International Monetary Fund;
(2) the status of efforts to reform the international financial system;
(3) the compliance of countries which have received assistance from the International Monetary Fund with agreements made as a condition of receiving the assistance; and
(4) the status of implementation of international anti-money laundering and counterterrorist financing standards by the International Monetary Fund, the multilateral development banks, and other multilateral financial policymaking bodies.
(Pub. L. 95–118, title XVII, §1705, as added Pub. L. 105–277, div. A, §101(d) [title VI, §613], Oct. 21, 1998, 112 Stat. 2681–150, 2681-230; amended Pub. L. 106–200, title IV, §404(c), May 18, 2000, 114 Stat. 292; Pub. L. 106–429, §101(a) [title VIII, §803(c)], Nov. 6, 2000, 114 Stat. 1900, 1900A-67; Pub. L. 108–458, title VII, §7703(b), Dec. 17, 2004, 118 Stat. 3860.)
Editorial Notes
References in Text
Section 801(c)(1)(B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001, referred to in subsec. (a)(2), is section 801(c)(1)(B) of Pub. L. 106–429, §101(a) [title VIII], Nov. 6, 2000, 114 Stat. 1900, 1900A-65, which is not classified to the Code.
Amendments
2004—Subsec. (b)(4). Pub. L. 108–458 added par. (4).
2000—Subsec. (a). Pub. L. 106–429 inserted "(1)" after "a written report on" and inserted before period at end ", and (2) the progress made by the International Monetary Fund in adopting and implementing the policies described in section 801(c)(1)(B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001".
Pub. L. 106–200 substituted "Committees on Banking and Financial Services and on Ways and Means of the House of Representatives and the Committees on Finance and on Foreign Relations of the Senate" for "Committee on Banking and Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate".
Statutory Notes and Related Subsidiaries
Change of Name
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.
Definitions
The definitions in section 262r of this title apply to this section.
§262r–5. Repealed. Pub. L. 106–429, §101(a) [title V, §592], Nov. 6, 2000, 114 Stat. 1900, 1900A-59
Section, Pub. L. 95–118, title XVII, §1706, as added Pub. L. 105–277, div. A, §101(d) [title VI, §614], Oct. 21, 1998, 112 Stat. 2681–150, 2681-230; amended Pub. L. 106–31, title V, §5003, May 21, 1999, 113 Stat. 110; Pub. L. 106–200, title IV, §404(d), May 18, 2000, 114 Stat. 292, related to audits of International Monetary Fund.
§262r–6. Reports on policies, operations, and management of international financial institutions
(a) Repealed. Pub. L. 108–199, div. D, title V, §599B(c), Jan. 23, 2004, 118 Stat. 211
(b) Annual report on United States supported policies
Beginning 180 days after the date of enactment of this Act [November 6, 2000], or October 31, 2000, whichever is later, and on October 31 of each year thereafter, the Secretary shall submit a report to the appropriate congressional committees on—
(1) the actions taken by recipient countries, as a result of the assistance allocated to them by the multilateral development banks under programs referred to in section 802(b),1 to strengthen governance and reduce the opportunity for bribery and corruption; and
(2) how International Development Association-financed projects contribute to the eventual graduation of a representative sample of countries from reliance on financing on concessionary terms and international development assistance.
(c) Omitted
(d) Report on debt relief
Not later than 90 days after the date of enactment of this Act [November 6, 2000], the Secretary shall submit a report to the appropriate congressional committees on the history of debt relief programs led by, or coordinated with, international financial institutions, including but not limited to—
(1) the extent to which poor countries and the poorest-of-the-poor benefit from debt relief, including measurable evidence of any such benefits; and
(2) the extent to which debt relief contributes to the graduation of a country from reliance on financing on concessionary terms and international development assistance.
(Pub. L. 106–429, §101(a) [title VIII, §803], Nov. 6, 2000, 114 Stat. 1900, 1900A-66; Pub. L. 108–199, div. D, title V, §599B(c), Jan. 23, 2004, 118 Stat. 211.)
Editorial Notes
References in Text
Section 802(b), referred to in subsec. (b)(1), is section 101(a), [title VIII, §802(b)] of Pub. L. 106–429, Nov. 6, 2000, 114 Stat. 1900, 1900A-66, which is not classified to the Code.
Codification
Section is comprised of section 101(a) [title VIII, §803] of Pub. L. 106–429. Section 101(a) [title VIII, §803(c)] of Pub. L. 106–429 amended section 262r–4 of this title.
Amendments
2004—Pub. L. 108–199 repealed heading and text of subsec. (a). Text read as follows: "Beginning 180 days after the date of enactment of this Act, or October 31, 2000, whichever is later, and on October 31 of each year thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the sufficiency of audits of the financial operations of each multilateral development bank conducted by persons or entities outside such bank."
Statutory Notes and Related Subsidiaries
Definitions
Pub. L. 106–429, §101(a) [title VIII, §806], Nov. 6, 2000, 114 Stat. 1900, 1900A-68, provided that: "In this title [enacting this section and section 286oo of this title and amending sections 262r–4, 286nn, and 2169 of this title]:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
1 See References in Text note below.
§262s. Multilateral development bank procurement
(a) Executive Directors
The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to attach a high priority to promoting opportunities for exports for goods and services from the United States and, in carrying out this function, to investigate thoroughly any complaints from United States bidders about the awarding of procurement contracts by the multilateral development banks to ensure that all contract procedures and rules of the banks are observed and that United States firms are treated fairly.
(b) 1 Officer of procurement
(1) Establishment
The Secretary of the Treasury shall designate, within the Office of International Affairs in the Department of the Treasury, an officer of multilateral development bank procurement.
(2) Function
The officer shall act as the liaison between the Department of the Treasury, the Department of Commerce, and the United States Executive Directors' offices in the multilateral development banks, in carrying out this section. The officer shall cooperate with the Department of Commerce in efforts to improve opportunities for multilateral development bank procurement by United States companies.
(b) 1 "Multilateral development bank" defined
As used in this section, the term "multilateral development bank" includes the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the InterAmerican Investment Corporation, the Asian Development Bank, the African Development Bank, and the African Development Fund.
(Pub. L. 95–118, title XVIII, §1801, formerly Pub. L. 100–418, title III, §3202, Aug. 23, 1988, 102 Stat. 1382; renumbered §1801 of Pub. L. 95–118, Pub. L. 101–240, title V, §541(b)(1), Dec. 19, 1989, 103 Stat. 2517.)
Editorial Notes
Codification
Section was formerly classified to section 262q of this title prior to renumbering by Pub. L. 101–240.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 100–418, title III, §3201, Aug. 23, 1988, 102 Stat. 1382, provided that: "This subtitle [subtitle C (§§3201, 3202) of title III of Pub. L. 100–418, enacting former section 262q of this title] may be cited as the 'Multilateral Development Banks Procurement Act of 1988'."
Definitions
The definitions in section 262r of this title apply to this section.
1 So in original. Two subsecs. (b) have been enacted.
§262s–1. Procurement opportunities for United States firms
The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development institutions to take all possible steps to ensure that information relating to potential procurement opportunities for United States firms is expeditiously communicated to the Secretary of the Treasury, the Secretary of State, and the Secretary of Commerce, and is disseminated as widely as possible to large and small businesses.
(Pub. L. 95–118, title XVIII, §1802, as added Pub. L. 101–240, title V, §541(a), Dec. 19, 1989, 103 Stat. 2516.)
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 262r of this title apply to this section.
§262s–2. Commercial Service Officers and multilateral development bank procurement
(a) Appointment of Commercial Service Officers to serve with Executive Directors
The Secretary of Commerce, in consultation with the Secretary of the Treasury, shall appoint a procurement officer, who is a representative of the International Trade Administration or a Commercial Service Officer of the United States and Foreign Commercial Service, to serve, on a full-time or part-time basis, with each of the Executive Directors of the multilateral development banks in which the United States participates.
(b) Functions of officers
Each procurement officer appointed under subsection (a) shall assist the United States Executive Director with respect to whom such officer is appointed in promoting opportunities for exports of goods and services from the United States by doing the following:
(1) Acting as the liaison between the business community and the multilateral development bank involved, whether or not the bank has offices in the United States. The Secretary of Commerce shall ensure that the procurement officer has access to, and disseminates to United States businesses, information relating to projects which are being proposed by the multilateral development bank, and bid specifications and deadlines for projects about to be developed by the bank. The procurement officer shall make special efforts to disseminate such information to small and medium-sized businesses interested in participating in such projects. The procurement officer shall explore opportunities for disseminating such information through private sector, nonprofit organizations.
(2) Taking actions to assure that United States businesses are fully informed of bidding opportunities for projects for which loans have been made by the multilateral development bank involved.
(3) Taking actions to assure that United States businesses can focus on projects in which they have a particular interest or competitive advantage, and to permit them to compete and have an equal opportunity in submitting timely and conforming bidding documents.
(Pub. L. 95–118, title XVIII, §1803, formerly Pub. L. 100–418, title II, §2302, Aug. 23, 1988, 102 Stat. 1341; renumbered §1803 of Pub. L. 95–118, and amended Pub. L. 101–240, title V, §541(b)(2), Dec. 19, 1989, 103 Stat. 2517.)
Editorial Notes
Codification
Section was formerly classified to section 4722 of Title 15, Commerce and Trade, prior to renumbering by Pub. L. 101–240.
Amendments
1989—Subsec. (c). Pub. L. 101–240 struck out subsec. (c) which defined "multilateral development bank" for purposes of this section.
Statutory Notes and Related Subsidiaries
Additional Procurement Officers
Pub. L. 102–549, title V, §501, Oct. 28, 1992, 106 Stat. 3663, provided that:
"(a)
"(1) Acting as the liaison between the business community and one or more multilateral development banks, whether or not the banks have offices in the United States. The Secretary of Commerce shall ensure that the procurement officer has access to, and disseminates to United States businesses, information relating to projects which are being proposed by the multilateral development bank involved, and bid specifications and deadlines for projects about to be developed by the bank. The procurement officer shall make special efforts to disseminate such information to small- and medium-sized businesses interested in participating in such projects. The procurement officer shall explore opportunities for disseminating such information through private sector, nonprofit organizations.
"(2) Taking actions to assure that United States businesses are fully informed of bidding opportunities for projects for which loans have been made by the multilateral development bank involved.
"(3) Taking actions to assure that United States businesses can focus on projects in which they have a particular interest or competitive advantage, and to permit them to compete and have an equal opportunity in submitting timely and conforming bidding documents.
"(b)
"(c)
Definitions
The definitions in section 262r of this title apply to this section.
§262t. Personnel practices
(a) Statement of policy
It shall be the policy of the United States that no initiatives, discussions, or recommendations concerning the placement or removal of any personnel employed by the international financial institutions shall be based on the political philosophy or activity of the individual under consideration.
(b) Consultation
The Secretary of the Treasury shall consult with the Chairman and the ranking minority member of the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate before any discussion or recommendations by any official of the United States Government concerning the placement or removal of any principal officer of any international financial institutions.
(Pub. L. 95–118, title XIX, §1901, as added Pub. L. 101–240, title V, §541(a), Dec. 19, 1989, 103 Stat. 2517.)
Statutory Notes and Related Subsidiaries
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.
Definitions
The definitions in section 262r of this title apply to this section.
§263. International Prison Commission
The United States shall continue as an adhering member of the International Prison Commission and participate in the work of said commission.
The Secretary of the Treasury be, and he is hereby, authorized annually to pay the pro rata share of the United States in the administration expenses of the International Prison Commission and the necessary expenses of a commissioner to represent the United States on said commission at its annual meetings, together with necessary clerical and other expenses, out of any money which shall be appropriated for such purposes from time to time by Congress.
(Feb. 28, 1913, ch. 86, 37 Stat. 692.)
§263a. International Criminal Police Organization
The Attorney General is authorized to accept and maintain, on behalf of the United States, membership in the International Criminal Police Organization, and to designate any departments and agencies which may participate in the United States representation with that organization. All dues and expenses to be paid for the membership of the United States shall be paid out of sums authorized and appropriated for the Department of Justice.
(June 10, 1938, ch. 335, 52 Stat. 640; Pub. L. 85–768, Aug. 27, 1958, 72 Stat. 921; Pub. L. 90–159, Nov. 28, 1967, 81 Stat. 517; Pub. L. 92–380, §1, Aug. 10, 1972, 86 Stat. 531; Pub. L. 93–468, §1, Oct. 24, 1974, 88 Stat. 1422; Pub. L. 95–624, §21(a), Nov. 9, 1978, 92 Stat. 3466.)
Editorial Notes
Amendments
1978—Pub. L. 95–624 substituted provision authorizing payment of all dues and expenses for membership of the United States out of sums authorized and appropriated for Department of Justice for provisions authorizing each participating department and agency to pay its pro rata share of expenses of such membership and forbidding total dues paid for such membership to exceed $120,000 per annum.
1974—Pub. L. 93–468 substituted "$120,000" for "$80,000".
1972—Pub. L. 92–380 substituted "$80,000" for "$28,500".
1967—Pub. L. 90–159 substituted "$28,500" for "$25,000".
1958—Pub. L. 85–768 authorized the Attorney General to designate departments and agencies which may participate, on a pro rata share basis, in the United States representation with the International Criminal Police Organization, and increased from $1,500 to $25,000 per annum the amount of expenses which may be incurred by reason of United States membership.
§263b. Transnational repression accountability and prevention
(a) Sense of Congress
It is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL's databases and processes, including Notice and Diffusion mechanisms, to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists.
(b) Support for INTERPOL institutional reforms
The Attorney General and the Secretary of State shall—
(1) use the voice, vote, and influence of the United States, as appropriate, within INTERPOL's General Assembly and Executive Committee to promote reforms aimed at improving the transparency of INTERPOL and ensuring its operation consistent with its Constitution, particularly articles 2 and 3, and Rules on the Processing of Data, including—
(A) supporting INTERPOL's reforms enhancing the screening process for Notices, Diffusions, and other INTERPOL communications to ensure they comply with INTERPOL's Constitution and Rules on the Processing of Data (RPD);
(B) supporting and strengthening INTERPOL's coordination with the Commission for Control of INTERPOL's Files (CCF) in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of articles 2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit such member country from seeking the publication or issuance of any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual based on the same set of claims or facts;
(C) increasing, to the extent practicable, dedicated funding to the CCF and the Notices and Diffusions Task Force in order to further expand operations related to the review of requests for red notices and red diffusions;
(D) supporting candidates for positions within INTERPOL's structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have demonstrated experience relating to and respect for the rule of law;
(E) seeking to require INTERPOL in its annual report to provide a detailed account, disaggregated by member country or entity of—
(i) the number of Notice requests, disaggregated by color, that it received;
(ii) the number of Notice requests, disaggregated by color, that it rejected;
(iii) the category of violation identified in each instance of a rejected Notice;
(iv) the number of Diffusions that it cancelled without reference to decisions by the CCF; and
(v) the sources of all INTERPOL income during the reporting period; and
(F) supporting greater transparency by the CCF in its annual report by providing a detailed account, disaggregated by country, of—
(i) the number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications; and
(ii) the category of violation alleged in each such complaint;
(2) inform the INTERPOL General Secretariat about incidents in which member countries abuse INTERPOL communications for politically motivated or other unlawful purposes so that, as appropriate, action can be taken by INTERPOL; and
(3) request to censure member countries that repeatedly abuse and misuse INTERPOL's red notice and red diffusion mechanisms, including restricting the access of those countries to INTERPOL's data and information systems.
(c) Report on INTERPOL
(1) In general
Not later than 180 days after December 27, 2021, and biannually thereafter for a period of 4 years, the Attorney General and the Secretary of State, in consultation with the heads of other relevant United States Government departments or agencies, shall submit to the appropriate committees of Congress a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years.
(2) Elements
The report required under paragraph (1) shall include the following elements:
(A) A list of countries that the Attorney General and the Secretary determine have repeatedly abused and misused the red notice and red diffusion mechanisms for political purposes.
(B) A description of the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited.
(C) An assessment of the adequacy of INTERPOL mechanisms for challenging abusive requests, including the Commission for the Control of INTERPOL's Files (CCF), an assessment of the CCF's March 2017 Operating Rules, and any shortcoming the United States believes should be addressed.
(D) A description of how INTERPOL's General Secretariat identifies requests for red notice or red diffusions that are politically motivated or are otherwise in violation of INTERPOL's rules and how INTERPOL reviews and addresses cases in which a member country has abused or misused the red notice and red diffusion mechanisms for overtly political purposes.
(E) A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents.
(F) A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.
(G) A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity.
(H) A description of United States advocacy for reform and good governance within INTERPOL.
(I) A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.
(3) Form of report
Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex, as appropriate. The unclassified portion of the report shall be posted on a publicly available website of the Department of State and of the Department of Justice.
(4) Briefing
Not later than 30 days after the submission of each report under paragraph (1), the Department of Justice and the Department of State, in coordination with other relevant United States Government departments and agencies, shall brief the appropriate committees of Congress on the content of the reports and recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL.
(d) Prohibition regarding basis for extradition
No United States Government department or agency may extradite an individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual.
(e) Definitions
In this section:
(1) Appropriate committees of Congress
The term "appropriate committees of Congress" means—
(A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
(2) INTERPOL communications
The term "INTERPOL communications" means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL.
(Pub. L. 117–81, div. F, title LXV, §6503, Dec. 27, 2021, 135 Stat. 2423.)
§263c. Anti-piracy information sharing
The Secretary is authorized to provide for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP).
(Pub. L. 117–81, div. E, title LI, §5107, Dec. 27, 2021, 135 Stat. 2347.)
Statutory Notes and Related Subsidiaries
Definitions
Pub. L. 117–81, div. E, §5002, Dec. 27, 2021, 135 Stat. 2341, provided that: "In this division [see Tables for classification]:
"(1)
"(2)
"(3)
§§264, 265. Omitted
Editorial Notes
Codification
Section 264, act Aug. 18, 1894, ch. 301, 28 Stat. 418, which related to Pan American Union, was superseded by Convention of 1928, ratified by the United States and providing that the government of Pan American Union should be vested in a governing board.
Section 265, act Jan. 25, 1929, ch. 102, title I, 45 Stat. 1102, which was from an appropriation act, related to disposition of receipts of Pan American Union, and was not repeated in subsequent appropriation acts.
§266. International commission of congresses of navigation; authorization of appropriation for expenses
The sum of $3,000 a year is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the support and maintenance of the permanent international commission of the congresses of navigation and for the payment of the actual expenses of the properly accredited national delegates of the United States to the meetings of the congresses and of the commission; and the Secretary of the Army is authorized to draw his warrant each year upon the Secretary of the Treasury for such sum, not to exceed $3,000, as may in his opinion be proper to apply to the purposes above mentioned, and the said sum shall be disbursed under such regulations as may be prescribed by the Secretary of the Army.
The national delegates aforesaid from the United States shall serve without compensation, but shall be reimbursed for their actual expenses incurred while traveling to and from the meetings, and while in attendance thereon, from the funds appropriated in this section and authorized to be expended.
(June 28, 1902, ch. 1306, 32 Stat. 485; June 26, 1934, ch. 756, §2, 48 Stat. 1225; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
Editorial Notes
Codification
Act June 26, 1934, ch. 756, §2(a), 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, provided for the repeal, effective July 1, 1935, of the permanent appropriations under the appropriations titles listed in section 2(b) of such Act, and further provided that such portions of any Acts as made permanent appropriations to be expended under such accounts were amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as were provided by the laws providing such permanent appropriations. The text of section 2(b)(12) of such Act provides as follows: "Permanent International Commission of Congresses of Navigation (fiscal year) (8–887)." See 1934 Amendment note below.
Amendments
1934—Act June 26, 1934, substituted "The sum of $3,000 a year is authorized to be appropriated" for "The sum of $3,000 a year is hereby appropriated".
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Effective Date of 1934 Amendment
Act June 26, 1934, ch. 756, §2(a), 48 Stat. 1225, provided that the permanent appropriations under the appropriations titles listed in section 2(b) of such Act were repealed, effective July 1, 1935.
§266a. Transferred
Editorial Notes
Codification
Section, act Feb. 14, 1931, ch. 189, 46 Stat. 1162, as amended, which related to appropriations for expenses of participation in the International Technical Committee of Aerial Legal Experts, was transferred to section 231 of former Title 49, Transportation, and subsequently repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
§266b. Repealed. June 11, 1940, ch. 306, 54 Stat. 263
Section, Joint Res. Aug. 7, 1935, ch. 455, §2, 49 Stat. 540, related to termination of Authorizations for Participation in Work of Committee of International Technical Aerial Legal Experts.
§267. Permanent Commission of International Geodetic Association; representative of United States
The duly appointed representative of the United States on the permanent commission of the International Geodetic Association is granted authority to vote with the representatives on the permanent commission from other nations on all matters coming before the association, including the extension of its existence, subject to the approval of Congress.
(Mar. 3, 1917, ch. 161, 39 Stat. 1055.)
§267a. Appointment of delegates; compensation
The President is authorized to appoint delegates, who shall be officers of the National Ocean Survey, to attend the meetings of the International Geodetic Association whenever and wheresoever the same shall be held; but no extra salary or additional compensation shall be paid to such officers by reason of such attendance.
(July 23, 1894, No. 37, 28 Stat. 587.)
Executive Documents
Change of Name
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services Administration abolished in 1970 and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade.
§267b. International Joint Commission; invitation to establish; personnel; duties
The President of the United States is requested to invite the Government of Great Britain to join in the formation of an international commission, to be composed of three members from the United States and three who shall represent the interests of the Dominion of Canada, whose duty it shall be to investigate and report upon the conditions and uses of the waters adjacent to the boundary lines between the United States and Canada, including all of the waters of the lakes and rivers whose natural outlet is by the River Saint Lawrence to the Atlantic Ocean; also upon the maintenance and regulation of suitable levels; and also upon the effect upon the shores of these waters and the structures thereon, and upon the interests of navigation, by reason of the diversion of these waters from or change in their natural flow; and, further, to report upon the necessary measures to regulate such diversion, and to make such recommendations for improvements and regulations as shall best subserve the interests of navigation in said waters. The said commissioners shall report upon the advisability of locating a dam at the outlet of Lake Erie, with a view to determining whether such dam will benefit navigation, and if such structure is deemed advisable, shall make recommendations to their respective Governments looking to an agreement or treaty which shall provide for the construction of the same, and they shall make an estimate of the probable cost thereof. The President, in selecting the three members of said Commission who shall represent the United States, is authorized to appoint one officer of the Corps of Engineers of the United States Army, one civil engineer well versed in the hydraulics of the Great Lakes, and one lawyer of experience in questions of international and riparian law, and said Commission shall be authorized to employ such persons as it may deem needful in the performance of the duties hereby imposed.
(June 13, 1902, ch. 1079, §4, 32 Stat. 373.)
Establishment of Commission
The International Joint Commission was organized in 1911 pursuant to article VII of the treaty of January 11, 1909, with Great Britain, 36 Stat. 2448.
Editorial Notes
Codification
Provisions of this section relating to the payment of salaries and expenses of the International Joint Commission were omitted. For provisions relating to the payment of salaries of the United States members of the International Joint Commission, see section 268 of this title.
Statutory Notes and Related Subsidiaries
Water Resources Planning
Jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, unaffected by Water Resources Planning Act, see section 1962–1 of Title 42, The Public Health and Welfare.
Passamaquoddy Tidal Power Project
Joint Res. Jan. 31, 1956, ch. 27, 70 Stat. 9, provided for the Secretary of State to request the International Joint Commission created by the treaty between the United States and Great Britain relating to boundary waters between the United States and Canada to arrange for a final survey to be made to determine the cost of construction and economic feasibility of the proposed Passamaquoddy tidal power project at Passamaquoddy Bay, authorized United States agencies to assist the Commission, authorized appropriations, and required the Secretary of State to report the results of the survey to Congress.
§268. International Joint Commission; salaries; powers
The salaries of the members on the part of the United States, of the International Joint Commission, established under the treaty of January 11, 1909, between the United States and Great Britain, relating to boundary waters between the United States and Canada, shall be fixed by the President. Said commission or any member thereof shall have power to administer oaths and to take evidence on oath whenever deemed necessary in any proceeding or inquiry or matter within its jurisdiction under said treaty, and said commission shall be authorized to compel the attendance of witnesses in any proceedings before it or the production of books and papers when necessary by application to the district court of the United States for the district within which such session is held, which court is hereby empowered and directed to make all orders and issue all processes necessary and appropriate for that purpose.
(Mar. 4, 1911, ch. 285, 36 Stat. 1364.)
§268a. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 650
Section, act May 14, 1940, ch. 189, title I, 54 Stat. 191, related to compensation and travel expenses of the International Joint Commission.
Similar provisions were contained in the following prior appropriation acts:
June 29, 1939, ch. 248, title I, 53 Stat. 895.
Apr. 27, 1938, ch. 180, title I, 52 Stat. 256.
June 16, 1937, ch. 359, title I, 50 Stat. 270.
May 15, 1936, ch. 405, 49 Stat. 1319.
Mar. 22, 1935, ch. 39, 49 Stat. 75.
§268b. Advances from appropriation "Boundary line, Alaska and Canada, and the United States and Canada"
Advances of money under the appropriation "Boundary line, Alaska and Canada, and the United States and Canada", may be made to the commissioner on the part of the United States and by his authority to chiefs of parties prior to March 2, 1921.
(Apr. 15, 1918, ch. 52, 40 Stat. 523; Mar. 2, 1921, ch. 113, 41 Stat. 1210; June 10, 1921, ch. 18, title III, §304, 42 Stat. 24; Apr. 29, 1926, ch. 195, title I, 44 Stat. 336; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1185; Feb. 15, 1928, ch. 57, title I, 45 Stat. 70; Jan. 25, 1929, ch. 102, title I, 45 Stat. 1101; Apr. 18, 1930, ch. 184, title I, 46 Stat. 179; Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 643; Pub. L. 92–310, title II, §231(aa), June 6, 1972, 86 Stat. 212; Pub. L. 104–316, title I, §111(a), Oct. 19, 1996, 110 Stat. 3833.)
Editorial Notes
Codification
Section is from the Diplomatic and Consular Service Appropriation Act of Mar. 2, 1921. Similar provisions were contained in act Apr. 15, 1918, and other prior acts.
Acts Apr. 29, 1926; Feb. 24, 1927; Feb. 15, 1928; Jan. 25, 1929; and Apr. 18, 1930, were appropriation acts for the fiscal years 1927, 1928, 1929, 1930, and 1931, respectively. These Acts made applicable boundary appropriations for the enumerated fiscal years.
Section was formerly classified to section 535 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1996—Pub. L. 104–316 substituted "chiefs of parties" for "chiefs of parties and accounts arising under advances shall be rendered through and by the commissioner on the part of the United States to the General Accounting Office as under advances made to chiefs of parties".
1972—Pub. L. 92–310 struck out provisions that required chiefs of parties to give bonds.
1966—Pub. L. 89–554 struck out provisions that related to traveling expenses of the commissioner.
Statutory Notes and Related Subsidiaries
Transfer of Functions
"General Accounting Office" substituted in text for "Treasury Department" pursuant to act June 10, 1921, which transferred powers and duties conferred upon Comptroller, six auditors, and certain other officers of the Treasury to General Accounting Office. See section 701 et seq. of Title 31, Money and Finance.
§268c. Limitation on expenditure of funds for compensation of International Boundary Commissioner to actual hours worked
Funds appropriated on and after September 30, 1996, or otherwise made available under this Act or any other Act may be expended for compensation of the United States Commissioner of the International Boundary Commission, United States and Canada, only for actual hours worked by such Commissioner.
(Pub. L. 104–208, div. A, title I, §101(a) [title IV, §403], Sept. 30, 1996, 110 Stat. 3009, 3009-54.)
Statutory Notes and Related Subsidiaries
Similar Provisions
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 103–317, title V, §503, Aug. 26, 1994, 108 Stat. 1764.
Pub. L. 103–121, title V, §503, Oct. 27, 1993, 107 Stat. 1189.
§269. Permanent International Association of Road Congresses; authorization of membership
The President is authorized to maintain membership of the United States in the Permanent International Association of Road Congresses.
(Pub. L. 102–138, title I, §164(b), Oct. 28, 1991, 105 Stat. 676.)
Editorial Notes
Prior Provisions
A prior section 269, act June 18, 1926, ch. 623, 44 Stat. 754, authorized appropriations of $3,000 per annum to enable United States to accept membership in Permanent Association of International Road Congresses, prior to repeal by Pub. L. 102–138, title I, §164(a), Oct. 28, 1991, 105 Stat. 676.
§269a. Central Bureau of the International Map of the World on the Millionth Scale; authorization of appropriations
There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, an annual sum of $50 as a contribution on the part of the United States toward the expenses incurred by the Central Bureau of the International Map of the World on the Millionth Scale.
(June 27, 1930, ch. 652, 46 Stat. 825.)
Statutory Notes and Related Subsidiaries
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in the following acts:
Pub. L. 118–47, div. F, title I, Mar. 23, 2024, 138 Stat. 732, 734.
Pub. L. 117–328, div. K, title I, Dec. 29, 2022, 136 Stat. 4978, 4979.
Pub. L. 117–103, div. K, title I, Mar. 15, 2022, 136 Stat. 568, 569.
Pub. L. 116–260, div. K, title I, Dec. 27, 2020, 134 Stat. 1695, 1696.
Pub. L. 116–94, div. G, title I, Dec. 20, 2019, 133 Stat. 2819, 2821.
Pub. L. 116–6, div. F, title I, Feb. 15, 2019, 133 Stat. 270, 272.
Pub. L. 115–141, div. K, title I, Mar. 23, 2018, 132 Stat. 836, 839.
Pub. L. 115–31, div. J, title I, May 5, 2017, 131 Stat. 593, 595.
Pub. L. 114–113, div. K, title I, Dec. 18, 2015, 129 Stat. 2709, 2711.
Pub. L. 113–235, div. J, title I, Dec. 16, 2014, 128 Stat. 2577, 2579.
Pub. L. 113–76, div. K, title I, Jan. 17, 2014, 128 Stat. 468, 470.
Pub. L. 112–74, div. I, title I, Dec. 23, 2011, 125 Stat. 1168, 1169.
Pub. L. 111–117, div. F, title I, Dec. 16, 2009, 123 Stat. 3316, 3317.
Pub. L. 111–8, div. H, title I, Mar. 11, 2009, 123 Stat. 835, 836.
Pub. L. 110–161, div. J, title I, Dec. 26, 2007, 121 Stat. 2280, 2281.
Pub. L. 109–108, title IV, Nov. 22, 2005, 119 Stat. 2322, 2323.
Pub. L. 108–447, div. B, title IV, Dec. 8, 2004, 118 Stat. 2898, 2899.
Pub. L. 108–199, div. B, title IV, Jan. 23, 2004, 118 Stat. 82, 83.
Pub. L. 108–7, div. B, title IV, Feb. 20, 2003, 117 Stat. 88, 89.
Pub. L. 107–77, title IV, Nov. 28, 2001, 115 Stat. 786, 787.
Pub. L. 106–553, §1(a)(2) [title IV], Dec. 21, 2000, 114 Stat. 2762, 2762A-92, 2762A-94.
Pub. L. 106–113, div. B, §1000(a)(1) [title IV], Nov. 29, 1999, 113 Stat. 1535, 1501A-41, 1501A-42.
Pub. L. 105–277, div. A, §101(b) [title IV], Oct. 21, 1998, 112 Stat. 2681–50, 2681-95, 2681-97.
Pub. L. 105–119, title IV, Nov. 26, 1997, 111 Stat. 2497, 2499.
Pub. L. 104–208, div. A, title I, §101(a) [title IV], Sept. 30, 1996, 110 Stat. 3009, 3009-49, 3009-50.
Pub. L. 104–134, title I, §101[(a)] [title IV], Apr. 26, 1996, 110 Stat. 1321, 1321-39, 1321-40; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–317, title V, Aug. 26, 1994, 108 Stat. 1762, 1763, as amended Pub. L. 103–335, title VIII, §8155(a), Sept. 30, 1994, 108 Stat. 2658.
Pub. L. 103–121, title V, Oct. 27, 1993, 107 Stat. 1187.
Pub. L. 102–395, title V, Oct. 6, 1992, 106 Stat. 1866, 1867.
Pub. L. 102–140, title V, Oct. 28, 1991, 105 Stat. 818.
Pub. L. 101–515, title III, Nov. 5, 1990, 104 Stat. 2126.
Pub. L. 101–162, title III, Nov. 21, 1989, 103 Stat. 1008.
Pub. L. 100–459, title III, Oct. 1, 1988, 102 Stat. 2205.
Pub. L. 100–202, §101(a) [title III], Dec. 22, 1987, 101 Stat. 1329, 1329-20, 1329-21.
Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 394.
Pub. L. 99–500, §101(b) [title III], Oct. 18, 1986, 100 Stat. 1783–39, 1783-58, 1783-59, and Pub. L. 99–591, §101(b) [title III], Oct. 30, 1986, 100 Stat. 3341–39, 3341-58, 3341-59, as amended Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 394.
Pub. L. 99–180, title III, Dec. 13, 1985, 99 Stat. 1150, 1151.
Pub. L. 98–411, title III, Aug. 30, 1984, 98 Stat. 1565, 1566.
Pub. L. 98–166, title III, Nov. 28, 1983, 97 Stat. 1094.
Pub. L. 97–377, title I, §101(d), Dec. 21, 1982, 96 Stat. 1877.
Pub. L. 97–276, §101(a), Oct. 2, 1982, 96 Stat. 1186.
Pub. L. 97–92, §101(h) [incorporating Pub. L. 96–536, §101(o); H.R. 7584, title I], Dec. 15, 1981, 95 Stat. 1190.
Pub. L. 96–536, §101(o) [H.R. 7584, title I], Dec. 16, 1980, 94 Stat. 3169.
Pub. L. 96–369, §101(a), Oct. 1, 1980, 94 Stat. 1351.
Pub. L. 96–68, title I, Sept. 24, 1979, 93 Stat. 417, 418.
Pub. L. 95–431, title I, Oct. 10, 1978, 92 Stat. 1022, 1023.
Pub. L. 95–86, title I, Aug. 2, 1977, 91 Stat. 420, 421.
Pub. L. 94–362, title I, July 14, 1976, 90 Stat. 938, 939.
Pub. L. 94–121, title I, Oct. 21, 1975, 89 Stat. 613, 614.
Pub. L. 93–433, title I, Oct. 5, 1974, 88 Stat. 1188, 1189.
Pub. L. 93–162, title I, Nov. 27, 1973, 87 Stat. 637, 638.
Pub. L. 92–544, title I, Oct. 25, 1972, 86 Stat. 1110, 1111.
Pub. L. 92–77, title I, Aug. 10, 1971, 85 Stat. 247, 248.
Pub. L. 91–472, title I, Oct. 21, 1970, 84 Stat. 1041, 1042.
Pub. L. 91–153, title I, Dec. 24, 1969, 83 Stat. 404, 405.
Pub. L. 90–470, title I, Aug. 9, 1968, 82 Stat. 669, 670.
Pub. L. 90–133, title I, Nov. 8, 1967, 81 Stat. 412, 413.
Pub. L. 89–797, title I, Nov. 8, 1966, 80 Stat. 1480, 1481.
Pub. L. 89–164, title I, Sept. 2, 1965, 79 Stat. 621, 622.
Pub. L. 88–527, title I, Aug. 31, 1964, 78 Stat. 712, 713.
Pub. L. 88–245, title I, Dec. 30, 1963, 77 Stat. 777, 778.
Pub. L. 87–843, title I, Oct. 18, 1962, 76 Stat. 1081, 1082.
Pub. L. 87–264, title I, Sept. 21, 1961, 75 Stat. 546, 547.
Pub. L. 86–678, title I, Aug. 31, 1960, 74 Stat. 557, 558.
Pub. L. 86–84, title I, July 13, 1959, 73 Stat. 183, 184.
Pub. L. 85–474, title I, June 30, 1958, 72 Stat. 246, 247.
Pub. L. 85–49, title I, June 11, 1957, 71 Stat. 56, 57.
June 20, 1956, ch. 414, title I, 70 Stat. 301.
July 7, 1955, ch. 279, title I, 69 Stat. 265, 266.
July 2, 1954, ch. 456, title I, 68 Stat. 414, 415.
Aug. 5, 1953, ch. 328, title I, 67 Stat. 368, 369.
July 10, 1952, ch. 651, title I, 66 Stat. 550, 551.
Oct. 22, 1951, ch. 533, title I, 65 Stat. 577, 578.
Sept. 6, 1950, ch. 896, Ch. III, title I, 64 Stat. 610, 611.
July 20, 1949, ch. 354, title I, 63 Stat. 449–451.
June 3, 1948, ch. 400, title I, 62 Stat. 308–310.
July 9, 1947, ch. 211, title I, 61 Stat. 282–284.
July 5, 1946, ch. 541, title I, 60 Stat. 453, 454.
May 21, 1945, ch. 129, title I, 59 Stat. 175, 176.
June 28, 1944, ch. 294, title I, 58 Stat. 402, 403.
July 1, 1943, ch. 182, title I, 57 Stat. 277, 278.
July 2, 1942, ch. 472, title I, 56 Stat. 474, 475.
June 28, 1941, ch. 258, title I, 55 Stat. 271–273.
May 14, 1940, ch. 189, title I, 54 Stat. 187–189.
June 29, 1939, ch. 248, title I, 53 Stat. 891–893.
Apr. 27, 1938, ch. 180, title I, 52 Stat. 253–255.
June 16, 1937, ch. 359, title I, 50 Stat. 267, 268.
June 22, 1936, ch. 689, title III, 49 Stat. 1634.
May 15, 1936, ch. 405, title I, 49 Stat. 1315–1317.
Mar. 22, 1935, ch. 39, title I, 49 Stat. 73, 74.
Apr. 7, 1934, ch. 104, title I, 48 Stat. 534.
Mar. 1, 1933, ch. 144, title I, 47 Stat. 1376.
July 1, 1932, ch. 361, title I, 47 Stat. 480–486.
Feb. 23, 1931, ch. 280, title I, 46 Stat. 1314–1320.
June 27, 1930, ch. 652, 46 Stat. 825.
Apr. 18, 1930, ch. 184, title I, 46 Stat. 179–185.
Jan. 25, 1929, ch. 102, title I, 45 Stat. 1100–1107.
Feb. 15, 1928, ch. 57, title I, 45 Stat. 69–75.
Feb. 24, 1927, ch. 189, title I, 44 Stat. 1184–1191.
Apr. 29, 1926, ch. 195, title I, 44 Stat. 335–340.
Feb. 27, 1925, ch. 364, title I, 43 Stat. 1019–1024.
May 28, 1924, ch. 204, title I, 43 Stat. 210–215.
Jan. 3, 1923, ch. 21, title I, 42 Stat. 1073–1077.
June 1, 1922, ch. 204, title I, 42 Stat. 605–609.
§269b. Omitted
Editorial Notes
Codification
Section, acts May 3, 1928, ch. 489, 45 Stat. 487; Sept. 21, 1950, ch. 976, §1(a), 64 Stat. 902; July 27, 1956, ch. 750, 70 Stat. 696; Feb. 16, 1960, Pub. L. 86–384, 74 Stat. 3; Oct. 4, 1961, Pub. L. 87–365, 75 Stat. 784, which authorized appropriations for the Department of State for the fiscal years 1963 and 1964, not in excess of $50,000 per fiscal year, to meet the obligations of the United States as a member of the Inter-American Children's Institute, has been omitted because the authorization has not been extended for later than the 1963 and 1964 fiscal years.
§269c. International Statistical Bureau at The Hague; authorization of appropriations
There is hereby authorized to be appropriated, out of any sums in the Treasury not otherwise appropriated, sums not exceeding $2,500 per annum to enable the United States to maintain membership in the International Statistical Bureau at The Hague, such sums to be expended under the direction of the Secretary of State.
(Apr. 28, 1924, ch. 136, 43 Stat. 112.)
§269d. Inter American Statistical Institute; authorization of appropriations
To enable the United States to become an adhering member of the Inter American Statistical Institute, there is hereby authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriated, such sums as may be required for expenditure under the direction of the Secretary of State, for the payment of the share of the United States toward the support of the Institute: Provided, That (1) the membership dues of the United States payable for any fiscal year shall not be paid unless, during the preceding fiscal year, at least eight other American nations shall have been in good standing as adhering members, and unless at least eight of such other adhering members for the last preceding year for which such members were respectively obligated to pay dues shall have paid dues which aggregated at least $10,000, and (2) the total cost to the United States for any fiscal year, for adhering membership, shall not exceed $35,000.
(Jan. 27, 1942, ch. 22, 56 Stat. 20; July 2, 1945, ch. 218, 59 Stat. 311.)
Editorial Notes
Amendments
1945—Act July 2, 1945, substituted the single proviso for two provisos.
§269e. Omitted
Editorial Notes
Codification
Section, acts July 10, 1952, ch. 651, title I, 66 Stat. 551; Aug. 5, 1953, ch. 328, title I, 67 Stat. 368; July 2, 1954, ch. 456, title I, 68 Stat. 415; July 7, 1955, ch. 279, title I, 69 Stat. 266; June 20, 1956, ch. 414, title I, 70 Stat. 301, related to availability of funds for United States participation in the International Civil Aviation Organization, and was from annual Department of State Appropriation Acts. Similar provisions which are permanent are classified to section 2673 of this title.
§269f. International Bureau for the Protection of Industrial Property; authorization of appropriations
Funds appropriated to the Secretary of State for "International Organizations and Conferences" shall be available for the payment by the United States of its proportionate share of the expenses of the International Bureau for the Protection of Industrial Property for any year after 1981 as determined under article 16(4) of the Paris Convention for the Protection of Industrial Property, as revised, except that in no event shall the payment for any year exceed 6 per centum of all expenses of the Bureau apportioned among countries for that year.
(Pub. L. 86–614, July 12, 1960, 74 Stat. 381; Pub. L. 88–69, July 19, 1963, 77 Stat. 82; Pub. L. 92–511, Oct. 20, 1972, 86 Stat. 918; Pub. L. 98–164, title I, §112, Nov. 22, 1983, 97 Stat. 1019.)
Editorial Notes
Amendments
1983—Pub. L. 98–164 substituted provisions making appropriations available for the payment of expenses of the International Bureau for the Protection of Industrial Property for any year after 1981, for provisions authorizing appropriations for contributions for the support of the International Bureau of Intellectual Property for the period from July 1, 1950, through June 30, 1959, and for the payment by the United States of its share of the expenses of the Bureau.
1972—Subsec. (a). Pub. L. 92–511, §1(1), substituted "International Bureau of Intellectual Property" for "International Bureau for the Protection of Industrial Property".
Subsec. (b). Pub. L. 92–511, §1(2), substituted provisions authorizing appropriation of sums as determined under article 16(4) of the Paris Convention for the Protection of Industrial Property up to a maximum of 4.5 percent of the total expenses apportioned among member countries, for provisions authorizing appropriation of sums for payment by the United States of its proportionate share not exceeding $15,000 annually.
1963—Pub. L. 88–69 increased the limitation on the annual appropriation authorization from $7,250 to $15,000.
Statutory Notes and Related Subsidiaries
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
§269g. Private International Law Conference at The Hague and Private Law International Institute in Rome; membership; appointment of delegates
The President is hereby authorized to accept membership for the Government of the United States in (1) the Hague Conference on Private International Law and (2) the International (Rome) Institute for the Unification of Private Law, and to appoint the United States delegates and their alternates to meetings of the two organizations, and the committees and organs thereof.
(Pub. L. 88–244, §1, Dec. 30, 1963, 77 Stat. 775.)
§269g–1. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for the payment by the United States of its proportionate share of the expenses of the Hague Conference on Private International Law and of the International (Rome) Institute for the Unification of Private Law.
(Pub. L. 88–244, §2, Dec. 30, 1963, 77 Stat. 775; Pub. L. 92–497, Oct. 17, 1972, 86 Stat. 814; Pub. L. 97–241, title I, §114, Aug. 24, 1982, 96 Stat. 278.)
Editorial Notes
Amendments
1982—Pub. L. 97–241 struck out provision that no payment of the United States for any year exceed 7 per centum of all expenses apportioned among members for that year.
1972—Pub. L. 92–497 substituted provisions authorizing to be appropriated such sums as may be necessary for the payment of the United States of its proportionate share, except that no payment of the United States for any year shall exceed 7 per centum of all expenses apportioned among members for that year, for provisions authorizing to be appropriated such sums as may be necessary, not to exceed $25,000 annually, for the payment by the United States of its proportionate share.
Statutory Notes and Related Subsidiaries
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
§269h. International Union for the Publication of Customs Tariffs; authorization of annual appropriations for expenses
There is hereby authorized to be appropriated annually to the Department of State such sums as may be necessary, including contributions pursuant to the convention of July 5, 1890, as amended, for the payment by the United States of its share of the expenses of the International Union for the Publication of Customs Tariffs and of the Bureau established to carry out the functions of the Union, but not to exceed 6 per centum of such expenses per annum.
(Pub. L. 90–569, Oct. 12, 1968, 82 Stat. 1003.)
Statutory Notes and Related Subsidiaries
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
§§270 to 270g. Repealed. Pub. L. 88–619, §3, Oct. 3, 1964, 78 Stat. 995
Sections 270 to 270c, act July 3, 1930, ch. 851, §§1–4, 46 Stat. 1005, 1006, related to international tribunals, the administration of oaths, perjury, testimony of witnesses, production of documentary evidence, subpoena power, contempt and its punishment, the authority of commissioners to take evidence, and to procedure. See section 1782 of Title 28, Judiciary and Judicial Procedure.
Sections 270d to 270g, act July 3, 1930, ch. 851, §§5–8, as added June 7, 1933, ch. 50, 48 Stat. 117, 118, related to international tribunals, issuance of subpoenas upon application of United States' agent to United States district court, proceedings thereon, notice to foreign governments, forwarding of certified transcripts of testimony to agents of United States and any opposing government, perjury and contempt and the penalties therefor, and declared the Supreme Court of the District of Columbia to be a district court of the United States. See section 1782 of Title 28.
§271. International Labor Organization; membership
The President is authorized to accept membership for the Government of the United States of America in the International Labor Organization, which, through its general conference of representatives of its members and through its International Labor Office, collects information concerning labor throughout the world and prepares international conventions for the consideration of member governments with a view to improving conditions of labor.
(June 19, 1934, ch. 676, §1, 48 Stat. 1182.)
Statutory Notes and Related Subsidiaries
Acceptance of Constitution by United States
Act June 30, 1948, ch. 756, §1, 62 Stat. 1151, provided: "That the President is hereby authorized to accept for the Government of the United States of America the Constitution of the International Labor Organization Instrument of Amendment adopted by the Twenty-ninth Session of the International Labor Conference on October 9, 1946."
Acceptance of Constitutional Amendment by United States
Pub. L. 88–65, July 17, 1963, 77 Stat. 80, provided: "That the President is hereby authorized to accept on behalf of the United States of America the instrument for the amendment of the constitution of the International Labor Organization adopted at Geneva on June 22, 1962, by the International Labor Conference at its forty-sixth session."
Reasons for Acceptance of Constitution by United States
The reasons for acceptance of the Constitution of the Organization by the United States is set forth in the preliminary clauses of act June 30, 1948, ch. 756, 62 Stat. 1151, which provided that:
"Whereas the Senate and House of Representatives by Public Resolution Numbered 43 of the Seventy-third Congress authorized the President to accept membership for the Government of the United States of America in the International Labor Organization and the President, pursuant thereto, accepted such membership on August 20, 1934; and
"Whereas such membership in the International Labor Organization has proved of benefit to the people of the United States; and
"Whereas the International Labor Organization provides a unique international forum in which representatives of employers and workers join together with those of governments in formulating conventions and recommendations which serve as international minimum standards for labor and social legislation and administration within member countries; and
"Whereas extensive revision of the constitution has been undertaken to enable the Organization to meet changed conditions, to strengthen the application of conventions and recommendations, with careful provision to meet the constitutional rules and practices of Federal States, and to operate as a specialized agency in relationship with the United Nations; and
"Whereas the Constitution of the International Labor Organization Instrument of Amendment of 1946 was adopted unanimously on October 9, 1946, with the entire delegation of the United States to the Twenty-ninth Session of the International Labor Conference supporting this Instrument of Amendment."
Executive Documents
Ex. Ord. No. 12216. President's Committee on the International Labor Organization
Ex. Ord. No. 12216, June 18, 1980, 45 F.R. 41619, as amended by Ex. Ord. No. 13135, Aug. 27, 1999, 64 F.R. 47339; Ex. Ord. No. 13385, §7, Sept. 29, 2005, 70 F.R. 57991, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to create in accordance with the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] an advisory committee on United States participation in the International Labor Organization, it is hereby ordered as follows:
1–1. Establishment of Committee
1–101. There is established the President's Committee on the International Labor Organization (ILO). The members will be the Secretaries of Labor, State, and Commerce, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and one representative each from organized labor and the business community, to be designated by the Secretary of Labor.
1–102. The Chairman of the Committee shall be the Secretary of Labor. The Committee shall meet at the request of the Chairman.
1–2. Functions of the Committee
1–201. The Committee shall monitor and assess the work of the ILO.
1–202. The Committee shall make recommendations to the President or other officers of the Federal government, including the Secretary of Labor. With due recognition that in the ILO tripartite system, government, employer, and employee representatives retain the right to take positions independent of one another, the Committee shall exert its best efforts to develop a coordinated position as to United States policy on ILO issues.
1–203. The Committee shall also perform other functions relevant to relations with the ILO as requested by the President or the Committee Chairman.
1–3. Funding and Expenses
1–301. Each member of the Committee who is not otherwise employed full-time by the Federal government may receive, to the extent permitted by law, compensation for each day he is engaged in the work of the Committee at a rate not to exceed the maximum daily rate now or hereafter prescribed by law, and may also receive transportation and travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5702 and 5703).
1–302. The Chairman of the Committee is authorized to establish such additional advisory committees as may be deemed appropriate to carry out the purposes of this Order.
1–303. All necessary administrative staff services, support, facilities and expenses of the Committee shall be furnished by the Department of Labor to the extent permitted by law.
1–4. General Provisions
1–401. Notwithstanding the provisions of any other Executive order, the functions of the President applicable to the Committee under the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], except that of reporting annually to the Congress, are hereby delegated to the Secretary of Labor, who shall perform them in accordance with guidelines and procedures established by the Administrator of General Services.
1–402. The Committee shall terminate on December 31, 1980, unless this date is extended by further Executive order.
Extension of Term of President's Committee on the International Labor Organization
Term of President's Committee on the International Labor Organization extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees.
Previous extensions of term of President's Committee on the International Labor Organization were contained in the following prior Executive Orders:
Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, extended term until Sept. 30, 2013.
Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, extended term until Sept. 30, 2011.
Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, extended term until Sept. 30, 2009.
Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, extended term until Sept. 30, 2007.
Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, extended term until Sept. 30, 2005.
Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, extended term until Sept. 30, 2003.
Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, extended term until Sept. 30, 2001.
Ex. Ord. No. 13062, §1(i), Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999.
Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, extended term until Sept. 30, 1997.
Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, extended term until Sept. 30, 1995.
Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, extended term until Sept. 30, 1993.
Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, extended term until Sept. 30, 1991.
Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, extended term until Sept. 30, 1989.
Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, extended term until Sept. 30, 1987.
Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, extended term until Sept. 30, 1985.
Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended term until Sept. 30, 1984.
Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, extended term until Dec. 31, 1982.
§272. Omitted
Editorial Notes
Codification
Section, act June 19, 1934, ch. 676, §2, 48 Stat. 1183, provided that the President, in accepting membership in the International Labor Organization, was to assume no obligation under the covenant of the League of Nations.
§272a. Authorization of appropriations
There is hereby authorized to be appropriated annually to the Department of State—
(a) such sums as may be necessary for the payments by the United States of its share of the expenses of the Organization, but not to exceed 25 per centum of such expenses, as apportioned by the International Labour Conference in accordance with article 13(2)(c) and 13(3) of the constitution of the Organization; and
(b) such additional sums as may be necessary to pay the expenses incident to participation by the United States in the activities of the Organization, including—
(1) salaries of the representative or representatives and alternates and appropriate staff, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5; services as authorized by section 3109 of title 5; under such rules and regulations as the Secretary of State may prescribe, allowances for living quarters, including heat, fuel, and light and cost-of-living allowances to persons temporarily stationed abroad; printing and binding without regard to section 501 of title 44 and section 6101 of title 41; and
(2) such other expenses as the Secretary of State deems necessary to participation by the United States in the activities of the Organization: Provided, That the provisions of section 287r of this title, and regulations thereunder, applicable to expenses incurred pursuant to subchapter XVII of this chapter shall be applicable to any expenses incurred pursuant to this paragraph.
(June 30, 1948, ch. 756, §2, 62 Stat. 1151; Oct. 28, 1949, ch. 782, title II, §202(2), title XI, §1106(a), 63 Stat. 954, 972; Sept. 21, 1950, ch. 976, §1(e), 64 Stat. 903; Pub. L. 85–477, ch. V, §502(f), June 30, 1958, 72 Stat. 273.)
Editorial Notes
References in Text
Subchapter XVII [§287m et seq.] of this chapter, referred to in subsec. (b)(2), was in the original a reference to the Act of July 30, 1946, Public Law 565, Seventy-ninth Congress.
Codification
In subsec. (b)(1), "chapter 51 and subchapter III of chapter 53 of title 5" and "section 3109 of title 5" substituted for "the Classification Act of 1949" and "section 15 of Public Law 600, Seventy-ninth Congress [5 U.S.C. 55a]", respectively, on authority of Pub. L. 89–554, §7(b) Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5, Government Organization and Employees.
In subsec. (b)(1), "section 501 of title 44" substituted for "section 11 of the Act of March 1, 1919 (44 U.S.C. 111)" on authority of Pub. L. 90–620, §2(b), Oct. 22, 1968, 82 Stat. 1305, which Act enacted Title 44, Public Printing and Documents.
In subsec. (b)(1), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes, as amended" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1958—Subsec. (a). Pub. L. 85–477 substituted provisions limiting appropriations to not more than 25 per centum of the expenses for provisions which authorized an appropriation of not more than $1,750,000 per annum for payment of expenses.
1950—Subsec. (a). Joint Res. Sept. 21, 1950, §1(e)(1), (2), increased the authorized annual appropriation from $1,091,739 to $1,750,000, and changed the reference to the Organization's constitution from article 13(c) to article 13(2)(c) and 13(3).
Subsec. (b). Joint Res. Sept. 21, 1950, §1(e)(3), struck out limitation of $95,000 on the authorized annual appropriation for expenses.
1949—Subsec. (b)(1). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
Limitation of Contributions
Contributions by United States, except for special projects, limited to amount provided by Joint Res. Sept. 21, 1950; consent by State Department and reports to Congress, see section 262a of this title.
§272b. Loyalty check on United States personnel
No person shall serve as representative, delegate, or alternate from the United States until such person has been investigated as to loyalty and security by the Director of the Office of Personnel Management.
(June 30, 1948, ch. 756, §3, 62 Stat. 1152; Apr. 5, 1952, ch. 159, §1, 66 Stat. 43; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784.)
Editorial Notes
Amendments
1952—Act Apr. 5, 1952, substituted "Civil Service Commission" for "Federal Bureau of Investigation".
Executive Documents
Transfer of Functions
"Director of the Office of Personnel Management" substituted in text for "Civil Service Commission" pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.
§273. Pan American Institute of Geography and History; authorization of annual appropriations for membership
In order to meet the obligations of the United States as a member of the Pan American Institute of Geography and History, there are authorized to be appropriated to the Department of State—
(1) such sums as may be required for the payment by the United States of its share of the expenses of the Institute, as apportioned in accordance with the statutes of the Institute;
(2) such additional sums as may be needed annually for the payment of all necessary expenses incident to participation by the United States in the activities of the Institute; and
(3) the sum of $386,050 for payment by the United States of its assessed annual contributions for the period beginning July 1, 1964, and extending through the fiscal year expiring June 30, 1969.
(Aug. 2, 1935, ch. 430, §1, 49 Stat. 512; Aug. 31, 1954, ch. 1154, 68 Stat. 1008; Pub. L. 89–646, Oct. 13, 1966, 80 Stat. 893; Pub. L. 91–340, July 17, 1970, 84 Stat. 438; Pub. L. 97–241, title I, §113, Aug. 24, 1982, 96 Stat. 278.)
Editorial Notes
Amendments
1982—Par. (1). Pub. L. 97–241 struck out ", not to exceed $200,000 annually," after "such sums".
1970—Pub. L. 91–340 increased annual appropriation authorization in par. (1) from $90,300 to $200,000, and added par. (3).
1966—Pub. L. 89–646 redesignated as cl. (1) provisions of former cl. (b), increasing the annual appropriation authorization from $50,000 to $90,300 and substituted cl. (2) additional annual appropriation authorization for payment of necessary expenses incident to participation by the United States in Institute activities for former cl. (a) appropriation authorization of $98,775 for payment by the United States of its assessed annual contributions for period beginning July 1, 1951, and extending through fiscal year expiring June 30, 1954.
1954—Act Aug. 31, 1954, appropriated sufficient funds to pay back assessments for years 1951 to 1954, and increased from $10,000 to $50,000 the authorized annual contribution.
Statutory Notes and Related Subsidiaries
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
§274. International Council of Scientific Unions and Associated Unions; authorization of annual appropriations for membership
There is hereby authorized to be appropriated, to be expended under the direction of the Secretary of State, in paying the annual share of the United States as an adhering member of the International Council of Scientific Unions and Associated Unions, including the International Astronomical Union, International Union of Chemistry, International Union of Geodesy and Geophysics, International Union of Mathematics, International Scientific Radio Union, International Union of Physics, and International Geographical Union, and such other international scientific unions as the Secretary of State may designate, such sum as may be necessary for the payment of such annual share, not to exceed $100,000 in any one year.
(Aug. 7, 1935, ch. 454, 49 Stat. 540; Pub. L. 85–627, Aug. 14, 1958, 72 Stat. 574; Pub. L. 89–104, Aug. 3, 1965, 79 Stat. 427.)
Editorial Notes
Amendments
1965—Pub. L. 89–104 substituted "$100,000" for "$65,000".
1958—Pub. L. 85–627 substituted "$65,000" for "$9,000".
Statutory Notes and Related Subsidiaries
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
Annual Appropriations Between 1948 and 1970
Act June 3, 1948, ch. 400, title I, §101, 62 Stat. 305, and subsequent Department of State Appropriation Acts through act Dec. 24, 1969, Pub. L. 91–153, title I, §101, 83 Stat. 404, failed to authorize appropriations for this section. See Annual Appropriations note set out above.
§274a. International biological program
(a) Congressional findings
The Congress hereby finds and declares that the international biological program, which was established under the auspices of the International Council of Scientific Unions and the International Union of Biological Sciences and is sponsored in the United States by the National Academy of Sciences and the National Academy of Engineering, deals with one of the most crucial situations to face this or any other civilization—the immediate or near potential of mankind to damage, possibly beyond repair, the earth's ecological system on which all life depends. The Congress further finds and declares that the international biological program provides an immediate and effective means available of meeting this situation, through its stated objectives of increased study and research related to biological productivity and human welfare in a changing world environment.
(b) Congressional support
The Congress therefore commends and endorses the international biological program and expresses its support of the United States National Committee and the Interagency Coordinating Committee, which together have the responsibility for planning, coordinating, and carrying out the program in the United States.
(c) Priority
In view of the urgency of the problem, the Congress finds and declares that the provision by the United States of adequate financial and other support for the international biological program is a matter of first priority.
(Pub. L. 91–438, §1, Oct. 7, 1970, 84 Stat. 889.)
§274b. Cooperation of Federal and non-Federal departments, agencies, and organizations; transfers of funds
(a) Full cooperation with international biological program
The Congress calls upon all Federal departments and agencies and other persons and organizations, both public and private, to support and cooperate fully with the international biological program and the activities and goals of the United States National Committee and the Interagency Coordinating Committee.
(b) Authorization for transfers of funds
For this purpose, the Congress authorizes and requests all Federal departments and agencies having functions or objectives which coincide with or are related to those of the international biological program to obligate or make appropriate transfers of funds to the program from moneys available for such functions or objectives and provide such other support as may be appropriate.
(Pub. L. 91–438, §2, Oct. 7, 1970, 84 Stat. 889.)
§275. International Hydrographic Bureau
To enable the United States to become a member of the International Hydrographic Bureau, and for the first annual contribution of the United States toward the creation and maintenance of such bureau, there is hereby appropriated out of money in the Treasury not otherwise appropriated $2,500, or so much thereof as may be necessary, to be paid by the Secretary of State when the exact quota shall have been ascertained.
(Mar. 2, 1921, ch. 113, 41 Stat. 1215.)
Statutory Notes and Related Subsidiaries
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
§275a. Permanent International Commission of the Congresses of Navigation; authorization of appropriations
Not to exceed $45,000 annually of the funds appropriated for rivers and harbors shall be available for the support and maintenance of the Permanent International Commission of the Congresses of Navigation and for the payment in amounts approved by the Chief of Engineers of the expenses of the properly accredited delegates of the United States to the meetings of the congresses and of the Commission.
(June 30, 1948, ch. 771, title I, §107, 62 Stat. 1174; Pub. L. 89–298, title III, §306, Oct. 27, 1965, 79 Stat. 1094; Pub. L. 93–251, title I, §93, Mar. 7, 1974, 88 Stat. 39.)
Editorial Notes
Amendments
1974—Pub. L. 93–251 substituted "$45,000" for "$22,000".
1965—Pub. L. 89–298 substituted "$22,000" for "$5,000".
§§276 to 276a–4. Repealed. Pub. L. 105–277, div. G, subdiv. B, title XXV, §2503(d), Oct. 21, 1998, 112 Stat. 2681–837
Section 276, acts June 28, 1935, ch. 322, §1, 49 Stat. 425; Feb. 6, 1948, ch. 48, 62 Stat. 19; Pub. L. 85–477, ch. V, §502(b), June 30, 1958, 72 Stat. 272; Pub. L. 87–195, pt. IV, §710(a), Sept. 4, 1961, 75 Stat. 465; Pub. L. 87–565, pt. IV, §404, Aug. 1, 1962, 76 Stat. 263; Pub. L. 88–633, pt. IV, §401, Oct. 7, 1964, 78 Stat. 1014; Pub. L. 90–137, pt. IV, §402, Nov. 14, 1967, 81 Stat. 463; Pub. L. 92–226, pt. IV, §404, Feb. 7, 1972, 86 Stat. 34; Pub. L. 93–126, §3, Oct. 18, 1973, 87 Stat. 451; Pub. L. 94–141, title II, §204(a), Nov. 29, 1975, 89 Stat. 762; Pub. L. 95–45, §4(d)(1), June 15, 1977, 91 Stat. 223; Pub. L. 95–426, title VII, §710, Oct. 7, 1978, 92 Stat. 994; Pub. L. 105–277, div. G, subdiv. B, title XXV, §2503(b), Oct. 21, 1998, 112 Stat. 2681–837, authorized appropriations for annual contribution of the United States toward the maintenance of the Bureau of the Interparliamentary Union.
Section 276a, act June 28, 1935, ch. 322, §2, 49 Stat. 426, related to reports to Congress by American group of the Interparliamentary Union.
Section 276a–1, act June 28, 1935, ch. 322, §3, as added Pub. L. 94–141, title II, §204(b), Nov. 29, 1975, 89 Stat. 762; amended Pub. L. 95–45, §4(d)(2), June 15, 1977, 91 Stat. 223; Pub. L. 103–437, §9(a)(1), Nov. 2, 1994, 108 Stat. 4588, related to appointment of delegates from House of Representatives to the Conference of the Interparliamentary Union and appointment of Chairman and Vice Chairman.
Section 276a–2, act June 28, 1935, ch. 322, §4, as added Pub. L. 95–45, §4(d)(3), June 15, 1977, 91 Stat. 223, related to appointment of delegates from Senate to the Conference of the Interparliamentary Union and appointment of Chairman and Vice Chairman.
Section 276a–3, act June 28, 1935, ch. 322, §5, as added Pub. L. 95–45, §4(d)(3), June 15, 1977, 91 Stat. 223, related to executive secretary of American group of Interparliamentary Union.
Section 276a–4, act June 28, 1935, ch. 322, §6, as added Pub. L. 95–45, §4(d)(3), June 15, 1977, 91 Stat. 223, related to auditing of accounts of House and Senate delegations to the Interparliamentary Union and finality and conclusiveness of certificate of Chairman.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 105–277, div. G, subdiv. B, title XXV, §2503(d), Oct. 21, 1998, 112 Stat. 2681–837, provided that: "Unless Congress receives the certification described in subsection (a) [set out below] before October 1, 1999, effective on that date the Act entitled 'An Act to authorize participation by the United States in the Interparliamentary Union', approved June 28, 1935 (22 U.S.C. 276–276a–4) is repealed." [The Secretary of State did not make the required certification.]
Termination of United States Membership in Bureau of Interparliamentary Union
Pub. L. 105–277, div. G, subdiv. B, title XXV, §2503(a), Oct. 21, 1998, 112 Stat. 2681–836, provided that: "Unless the Secretary of State certifies to Congress that the United States will be assessed not more than $500,000 for its annual contribution to the Bureau of the Interparliamentary Union during fiscal year 1999, then effective October 1, 1999, the authority for further participation by the United States in the Bureau shall terminate in accordance with subsection (d) [set out above]." [The Secretary of State did not make the required certification.]
§276b. Repealed. Pub. L. 95–45, §4(d)(4), June 15, 1977, 91 Stat. 223
Section, act Aug. 25, 1937, ch. 757, 50 Stat. 770, provided that, on and after Aug. 25, 1937, the certificate of the president and executive secretary of the American Group of the Interparliamentary Union be final and conclusive upon the accounting officers in the auditing of all accounts of the Group.
§276c. Designation of Senate delegates to Conferences of the Interparliamentary Union
On and after June 30, 1958, Senate delegates to Conferences of the Interparliamentary Union shall be designated by the Presiding Officer of the Senate. Not less than two Senators so designated shall be members of the Committee on Foreign Relations.
(Pub. L. 85–474, title I, June 30, 1958, 72 Stat. 246; Pub. L. 94–141, title II, §204(c), Nov. 29, 1975, 89 Stat. 762.)
Editorial Notes
Amendments
1975—Pub. L. 94–141 inserted at end "Not less than two Senators so designated shall be members of the Committee on Foreign Relations."
§276c–1. Reports of expenditures by members of American groups or delegations and employees; consolidated reports by congressional committees; public inspection
Each chairman or senior member of the House of Representatives and Senate group or delegation of the United States group or delegation to the Interparliamentary Union, the NATO Parliamentary Assembly, the Canada-United States Interparliamentary Group, the Mexico-United States Interparliamentary Group, or any similar interparliamentary group of which the United States is a member or participates, by whom or on whose behalf local currencies owned by the United States are made available and expended and/or expenditures are made from funds appropriated for the expenses of such group or delegation, shall file with the chairman of the Committee on Foreign Relations of the Senate in the case of the group or delegation of the Senate, or with the chairman of the Committee on Foreign Affairs of the House of Representatives in the case of the group or delegation of the House, an itemized report showing all such expenditures made by or on behalf of each Member or employee of the group or delegation together with the purposes of the expenditure, including per diem (lodging and meals), transportation, and other purposes. Within sixty days after the beginning of each regular session of Congress, the chairman of the Committee on Foreign Relations and the chairman of the Committee on Foreign Affairs shall prepare consolidated reports showing with respect to each such group or delegation the total amount expended, the purposes of the expenditures, the amount expended for each such purpose, the names of the Members or employees by or on behalf of whom the expenditures were made and the amount expended by or on behalf of each Member or employee for each such purpose. The consolidated reports prepared by the chairman of the Committee on Foreign Relations of the Senate shall be filed with the Secretary of the Senate, and the consolidated reports prepared by the chairman of the Committee on Foreign Affairs of the House shall be filed with the Clerk of the House and shall be open to public inspection.
(Pub. L. 86–628, §105(b), July 12, 1960, 74 Stat. 460; Pub. L. 90–137, pt. IV, §401(b), Nov. 14, 1967, 81 Stat. 463; Pub. L. 94–59, title XI, §1104, July 25, 1975, 89 Stat. 299; Pub. L. 103–437, §9(a)(2), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 104–186, title II, §218(1), Aug. 20, 1996, 110 Stat. 1747; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §701(b)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-459.)
Editorial Notes
Amendments
1999—Pub. L. 106–113 substituted "NATO Parliamentary Assembly" for "North Atlantic Assembly".
1996—Pub. L. 104–186 substituted "Clerk" for "Committee on House Administration" in last sentence.
1994—Pub. L. 103–437 substituted "Foreign Affairs" for "International Relations" wherever appearing.
1975—Pub. L. 94–59 brought reporting requirements into conformity with other foreign travel expense reporting requirements and into conformity with rules of House of Representatives.
1967—Pub. L. 90–137 substituted "North Atlantic Assembly" for "NATO parliamentarian's Conference".
§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
Notwithstanding the provisions of any other law, the Executive Directors and Directors and their alternates, representing the United States in the International Monetary Fund, the International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, the Inter-American Development Bank, the Bank for Economic Cooperation and Development in the Middle East and North Africa, the Asian Development Bank, the African Development Fund, the African Development Bank, and the Inter-American Investment Corporation, shall, if they are citizens of the United States, in the discretion of the Secretary of the Treasury, each be eligible on the basis of such service and the total compensation received therefor, for all employee benefits afforded employees in the civil service of the United States. The Treasury Department shall serve as the employing office for collecting, accounting for, and depositing in the Civil Service Retirement and Disability Fund, Employees Life Insurance Fund, and Employees Health Benefits Fund, all retirement and health insurance benefits payments made by these employees, and shall make any necessary agency contributions from funds appropriated to the Department of the Treasury.
(Pub. L. 91–599, ch. 5, §51, Dec. 30, 1970, 84 Stat. 1659; Pub. L. 95–612, §4, Nov. 8, 1978, 92 Stat. 3092; Pub. L. 97–35, title XIII, §1342(d), Aug. 13, 1981, 95 Stat. 743; Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885; Pub. L. 101–513, title V, §562(c)(10)(C), Nov. 5, 1990, 104 Stat. 2036; Pub. L. 104–208, div. A, title I, §101(c) [title VII, §710(c)], Sept. 30, 1996, 110 Stat. 3009–121, 3009-181.)
Editorial Notes
Codification
Amendment by Pub. L. 98–473 is based on section 211(b) of title II of S. 2416, Ninety-eighth Congress, as introduced in the Senate on Mar. 13, 1984, which was enacted into permanent law by Pub. L. 98–473.
Amendments
1996—Pub. L. 104–208 inserted "the Bank for Economic Cooperation and Development in the Middle East and North Africa," after "the Inter-American Development Bank,".
1990—Pub. L. 101–513 inserted "the European Bank for Reconstruction and Development," before "the Inter-American Development Bank,".
1984—Pub. L. 98–473 inserted reference to the Inter-American Investment Corporation.
1981—Pub. L. 97–35 inserted reference to the African Development Bank.
1978—Pub. L. 95–612 prescribed requirement of citizenship to be eligible for employee benefits, extended the benefits to representatives to the African Development Fund, substituted provision for contributions from appropriated funds for prior provision for contributions from the fund established under section 822a(a) of title 31, and struck out provision making section effective Dec. 14, 1966.
Statutory Notes and Related Subsidiaries
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 of 1978 Amendment
Pub. L. 95–612, §7, Nov. 8, 1978, 92 Stat. 3092, provided that: "This Act [amending this section, section 5108 of Title 5, Government Organization and Employees, and section 822a of former Title 31, Money and Finance, and enacting provisions set out as a note under section 5108 of Title 5] shall take effect on October 1, 1978, or on such later date as funds are made available pursuant to appropriation Acts authorized by section 5 of this Act [authorizing appropriations of $24,000,000 for fiscal year 1979; not classified to the Code]." Section 7 of Pub. L. 95–612 was repealed as executed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1088, section 1 of which enacted Title 31, Money and Finance.
§276c–3. Repealed. Pub. L. 101–240, title V, §541(d)(7), Dec. 19, 1989, 103 Stat. 2518
Section, Pub. L. 98–181, title I [title X, §1006], Nov. 30, 1983, 97 Stat. 1287, related to personnel practices at the Inter-American Development Bank, Asian Development Bank, and African Development Bank.
§276c–4. Employment of United States citizens by certain international organizations
Not later than 180 days after December 16, 2016, and annually thereafter for 3 years, the Secretary of State shall submit to Congress a report that provides—
(1) for each international organization that had a geographic distribution formula in effect on January 1, 1991, an assessment of whether that organization—
(A) is taking good faith steps to increase the staffing of United States citizens, including, as appropriate, as assessment of any additional steps the organization could be taking to increase such staffing; and
(B) has met the requirements of its geographic distribution formula; and
(2) an assessment of United States representation among professional and senior-level positions at the United Nations, including—
(A) an assessment of the proportion of United States citizens employed at the United Nations Secretariat and at all United Nations specialized agencies, funds, and programs relative to the total employment at the United Nations Secretariat and at all such agencies, funds, and programs;
(B) an assessment of compliance by the United Nations Secretariat and such agencies, funds, and programs with any applicable geographic distribution formula; and
(C) a description of any steps taken or planned to be taken by the United States to increase the staffing of United States citizens at the United Nations Secretariat and such agencies, funds and programs.
(Pub. L. 102–138, title I, §181, Oct. 28, 1991, 105 Stat. 682; Pub. L. 114–323, title III, §308, Dec. 16, 2016, 130 Stat. 1923.)
Editorial Notes
Amendments
2016—Pub. L. 114–323 amended section generally. Prior to amendment, text read as follows: "Not less than 180 days after October 28, 1991, and each year thereafter, the Secretary of State shall submit a report to the Congress concerning each international organization which had a geographic distribution formula in effect on January 1, 1991, of whether each such organization—
"(1) is taking good faith steps to increase the staffing of United States citizens; and
"(2) has met its geographic distribution formula."
§276c–5. Authorization for United States participation in the Coalition for Epidemic Preparedness Innovations
(a) In general
The United States is authorized to participate in the Coalition for Epidemic Preparedness Innovations (referred to in this section as "CEPI").
(b) Investors Council and Board of Directors
(1) Initial designation
The President shall designate an employee of the United States Agency for International Development to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States during the period beginning on the date of such designation and ending on September 30, 2022.
(2) Ongoing designations
The President may designate an employee of the relevant Federal department or agency with fiduciary responsibility for United States contributions to CEPI to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States.
(3) Qualifications
Any employee designated pursuant to paragraph (1) or (2) shall have demonstrated knowledge and experience in the field of development and, if designated from a Federal department or agency with primary fiduciary responsibility for United States contributions pursuant to paragraph (2), in the field of public health, epidemiology, or medicine.
(4) Coordination
In carrying out the responsibilities under this section, any employee designated pursuant to paragraph (1) or (2) shall coordinate with the Secretary of Health and Human Services to promote alignment, as appropriate, between CEPI and the strategic objectives and activities of the Secretary of Health and Human Services with respect to the research, development, and procurement of medical countermeasures, consistent with titles III and XXVIII of the Public Health Service Act (42 U.S.C. 241 et seq. and 300hh et seq.).
(c) Consultation
Not later than 60 days after December 27, 2021, the employee designated pursuant to subsection (b)(1) shall consult with the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives regarding—
(1) the manner and extent to which the United States plans to participate in CEPI, including through the governance of CEPI;
(2) any planned financial contributions from the United States to CEPI; and
(3) how participation in CEPI is expected to support—
(A) the applicable revision of the National Biodefense Strategy required under section 104 of title 6; and
(B) any other relevant programs relating to global health security and biodefense.
(Pub. L. 117–81, div. F, title LXV, §6501, Dec. 27, 2021, 135 Stat. 2421.)
Editorial Notes
References in Text
The Public Health Service Act, referred to in subsec. (b)(4), is act July 1, 1944, ch. 373, 58 Stat. 682. Titles III and XXVIII of the Act are classified generally to subchapters II (§241 et seq.) and XXVI (§300hh et seq.), respectively, of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
Executive Documents
Delegation of Authority Under Section 6501(b)(2) of the National Defense Authorization Act for Fiscal Year 2022
Memorandum of President of the United States, Jan. 17, 2023, 88 F.R. 3909, provided:
Memorandum for the Administrator of the United States Agency for International Development
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Administrator of the United States Agency for International Development the authority vested in the President by section 6501(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) (22 U.S.C. 276c–5(b)) to designate an employee of the relevant Federal department or agency with fiduciary responsibility for United States contributions to the Coalition for Epidemic Preparedness Innovations (CEPI) to serve on the CEPI Investors Council and, if nominated, on the CEPI Board of Directors, as a representative of the United States. The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum.
You are authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.
§276c–6. Supporting the employment of United States citizens by international organizations
(a) Sense of Congress
It is the sense of Congress that—
(1) the Department should continue to eliminate the unreasonable barriers United States nationals face to obtain employment in the United Nations Secretariat, funds, programs, and agencies; and
(2) the Department should bolster efforts to increase the number of qualified United States nationals who are candidates for leadership and oversight positions in the United Nations system, agencies, and commissions, and in other international organizations.
(b) In general
The Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by—
(1) providing stipends, consultation, and analytical services to support United States citizen applicants; and
(2) making grants for the purposes described in paragraph (1).
(c) Using diplomatic programs funding to promote the employment of United States citizens by international organizations
Amounts appropriated under the heading "Diplomatic Programs" in Acts making appropriations for the Department of State, Foreign Operations, and Related Programs are authorized to be appropriated for grants, programs, and activities described in subsection (b).
(d) Strategy to establish junior professional program
(1) In general
Not later than 120 days after December 23, 2022, the Secretary, in coordination with the Secretary of the Treasury and other relevant cabinet members, shall publish a strategy for encouraging United States citizens to pursue careers with international organizations, particularly organizations that—
(A) set international scientific, technical, or commercial standards; or
(B) are involved in international finance and development.
(2) Report to Congress
Not later than 90 days after December 23, 2022, the Secretary, in coordination with the Secretary of the Treasury and other relevant cabinet members, shall submit a report to the appropriate congressional committees that identifies—
(A) the number of United States citizens who are involved in relevant junior professional programs in an international organization;
(B) the distribution of individuals described in subparagraph (A) among various international organizations; and
(C) the types of pre-deployment training that are available to United States citizens through a junior professional program at an international organization.
(Pub. L. 117–263, div. I, title XCVII, §9701, Dec. 23, 2022, 136 Stat. 3913.)
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Department", "Secretary", and "appropriate congressional committees" as used in this section, see section 9002 of Pub. L. 117–263, set out as a note under section 2651 of this title.
§276c–7. Internships of United States nationals at international organizations
(a) In general
The Secretary is authorized to bolster efforts to increase the number of United States citizens representative of the American people occupying positions in the United Nations system, agencies, and commissions, and in other international organizations, including by awarding grants to educational institutions and students.
(b) Report
Not later than 90 days after December 22, 2023, the Secretary of State shall submit a report to the appropriate congressional committees that identifies—
(1) the number of United States citizens who are involved in internship programs at international organizations;
(2) the distribution of the individuals described in paragraph (1) among various international organizations; and
(3) grants, programs, and other activities that are being utilized to recruit and fund United States citizens to participate in internship programs at international organizations.
(c) Eligibility
An individual referred to in subsection (a) is an individual who—
(1) is enrolled at or received their degree within two years from—
(A) an institution of higher education; or
(B) an institution of higher education based outside the United States, as determined by the Secretary; and
(2) is a citizen of the United States.
(d) Authorization of appropriations
There is authorized to be appropriated $1,500,000 for the Department for fiscal year 2024 to carry out the grant program authorized under subsection (a).
(Pub. L. 118–31, div. F, title LXVII, §6701, Dec. 22, 2023, 137 Stat. 1014.)
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Secretary", "appropriate congressional committees", and "Department" as used in this section, see section 6002 of Pub. L. 118–31, set out as a note under section 2651 of this title.
SUBCHAPTER I—CANADA-UNITED STATES INTERPARLIAMENTARY GROUP
§276d. United States group; appointment; term; meetings
Not to exceed twenty-four Members of Congress shall be appointed to meet jointly and at least annually and when Congress is not in session (except that this restriction shall not apply during the first session of the Eighty-sixth Congress or to meetings held in the United States) with representatives of the House of Commons and Senate of the Canadian Parliament for discussion of common problems in the interests of relations between the United States and Canada. Of the Members of the Congress to be appointed for the purposes of this subchapter (hereinafter designated as the United States group) half shall be appointed by the Speaker of the House from Members of the House (not less than four of whom shall be from the Foreign Affairs Committee), and half shall be appointed by the President of the Senate upon recommendations of the majority and minority leaders of the Senate from Members of the Senate (not less than four of whom shall be from the Foreign Relations Committee).
Such appointments shall be for the period of each meeting of the Canada-United States Interparliamentary group except for the four members of the Foreign Affairs Committee and the four members of the Foreign Relations Committee, whose appointments shall be for the duration of each Congress.
The Chairman or Vice Chairman of the House delegation shall be a Member from the Foreign Affairs Committee, and, unless the President of the Senate, upon the recommendation of the Majority Leader, determines otherwise, the Chairman or Vice Chairman of the Senate delegation shall be a Member from the Foreign Relations Committee.
(Pub. L. 86–42, §1, June 11, 1959, 73 Stat. 72; Pub. L. 95–45, §4(a), June 15, 1977, 91 Stat. 222; Pub. L. 103–437, §9(a)(3), Nov. 2, 1994, 108 Stat. 4588.)
Editorial Notes
Amendments
1994—Pub. L. 103–437 substituted "Foreign Affairs" for "International Relations" wherever appearing.
1977—Pub. L. 95–45 substituted "International Relations Committee" for "Foreign Affairs Committee" as the name of the House Committee from which not less than four of the House appointees must be drawn, inserted requirement that the appointment of the Senate appointees by the President of the Senate be made upon the recommendations of the majority and minority leaders of the Senate, and inserted provision that the Chairman or Vice Chairman of the House delegation be a Member from the International Relations Committee, and, unless the President of the Senate, upon the recommendation of the Majority Leader, determines otherwise, the Chairman or Vice Chairman of the Senate delegation be a Member from the Foreign Relations Committee.
§276e. Authorization of appropriations; disbursements
An appropriation of $150,000 annually is authorized, $75,000 of which shall be for the House delegation and $75,000 for the Senate delegation, or so much thereof as may be necessary, to assist in meeting the expenses of the United States group of the Canada-United States Interparliamentary group for each fiscal year for which an appropriation is made, the House and Senate portions of such appropriation to be disbursed on vouchers to be approved by the Chairman of the House delegation and the Chairman of the Senate delegation, respectively.
(Pub. L. 86–42, §2, June 11, 1959, 73 Stat. 72; Pub. L. 94–350, title I, §118(a), July 12, 1976, 90 Stat. 827; Pub. L. 103–236, title V, §502(a)(2), Apr. 30, 1994, 108 Stat. 462; Pub. L. 107–77, title IV, §408(b)(3), Nov. 28, 2001, 115 Stat. 791.)
Editorial Notes
Amendments
2001—Pub. L. 107–77 substituted "$150,000" for "$70,000" and substituted "$75,000" for "$35,000" in two places.
1994—Pub. L. 103–236 substituted "$70,000" for "$50,000" and substituted "$35,000" for "$25,000" in two places.
1976—Pub. L. 94–350 increased annual appropriations authorization to $50,000 from $30,000 and amount for the House and Senate delegations to $25,000 from $15,000.
Statutory Notes and Related Subsidiaries
Permanent Appropriation for Delegation Expenses
Pub. L. 105–277, div. G, subdiv. B, title XXV, §2503(e), Oct. 21, 1998, 112 Stat. 2681–837, provided that: "Unobligated balances of appropriations made under section 303 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations [Appropriation] Act[,] 1988 (as contained in section 101(a) of the Continuing Appropriations Act, 1988; Public Law 100–202 [set out below]) that are available as of the day before the date of enactment of this Act [Oct. 21, 1998] shall be transferred on such date to the general fund of the Treasury of the United States."
Pub. L. 103–236, title V, §502(b), Apr. 30, 1994, 108 Stat. 462, provided that: "Funds appropriated and disbursed pursuant to section 303 of Title III [of section 101(a)] of Public Law 100–202 (101 Stat. 1329–23; 22 U.S.C. 276 note [now 276e note]) are authorized to be deposited in interest-bearing accounts and any interest which accrues shall be deposited, periodically, in a miscellaneous account of the Treasury."
Pub. L. 100–202, §101(a) [title III, §303], Dec. 22, 1987, 101 Stat. 1329, 1329-23, as amended by Pub. L. 100–459, title III, §303(a), Oct. 1, 1988, 102 Stat. 2207; Pub. L. 101–515, title III, §304(a), Nov. 5, 1990, 104 Stat. 2128; Pub. L. 105–277, div. G, subdiv. B, title XXV, §2503(c), Oct. 21, 1998, 112 Stat. 2681–837; Pub. L. 107–77, title IV, §408(a), Nov. 28, 2001, 115 Stat. 790, provided that: "There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, a total of $620,000 for each fiscal year to carry out (in accordance with the respective authorization amounts) section 2(2) of Public Law 84–689 [22 U.S.C. 1928b(2)], section 2 of Public Law 86–42 [22 U.S.C. 276e], section 2 of Public Law 86–420 [22 U.S.C. 276i], and section 109(b) and (c) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 [§109(b), (c) of Pub. L. 98–164, title I, Nov. 22, 1983, 97 Stat. 1019, set out as a note under section 276l of this title].. [sic] These funds may be disbursed to each delegation, pursuant to vouchers in accordance with the applicable provisions of law, at any time requested by the Chairman of the delegation after that fiscal year begins."
[Pub. L. 107–77, title IV, §408(a), Nov. 28, 2001, 115 Stat. 790, which directed the amendment of section 101(a) [title III, §303] of Pub. L. 100–202, set out above, by substituting "$620,000" for "$440,000", was executed by making the substitution for "$350,000" to reflect the probable intent of Congress and the amendment by Pub. L. 105–277, §2503(c)(1).]
[Pub. L. 100–459, title III, §303(c), Oct. 1, 1988, 102 Stat. 2207, provided that: "The amendments made by this section [amending section 101(a) [title III, §303] of Pub. L. 100–202, set out above] shall take effect on October 1, 1988."]
§276f. Report to Congress
The United States group of the Canada-United States Interparliamentary group shall submit to the Congress a report for each fiscal year for which an appropriation is made including its expenditures under such appropriation.
(Pub. L. 86–42, §3, June 11, 1959, 73 Stat. 73.)
§276g. Auditing of accounts
The certificate of the Chairman of the House delegation or the Senate delegation of the Canada-United States Interparliamentary group shall hereafter be final and conclusive upon the accounting officers in the auditing of the accounts of the United States group of the Canada-United States Interparliamentary group.
(Pub. L. 86–42, §4, June 11, 1959, 73 Stat. 73.)
SUBCHAPTER II—MEXICO-UNITED STATES INTERPARLIAMENTARY GROUP
§276h. United States group; appointment; term; meetings
Not to exceed twenty-four Members of Congress shall be appointed to meet jointly and at least annually with representatives of the Chamber of Deputies and Chamber of Senators of the Mexican Congress for discussion of common problems in the interests of relations between the United States and Mexico. Of the Members of the Congress to be appointed for the purposes of this subchapter (hereinafter designated as the United States group) half shall be appointed by the Speaker of the House from Members of the House (not less than four of whom shall be from the Foreign Affairs Committee), and half shall be appointed by the President of the Senate upon recommendations of the majority and minority leaders of the Senate from Members of the Senate (not less than four of whom shall be from the Foreign Relations Committee). Such appointments shall be for the period of each meeting of the Mexico-United States Interparliamentary group except for the four members of the Foreign Affairs Committee, and the four members of the Foreign Relations Committee, whose appointments shall be for the duration of each Congress. The Chairman or Vice Chairman of the House delegation shall be a Member from the Foreign Affairs Committee, and, unless the President of the Senate, upon the recommendation of the Majority Leader, determines otherwise, the Chairman or Vice Chairman of the Senate delegation shall be a Member from the Foreign Relations Committee.
(Pub. L. 86–420, §1, Apr. 9, 1960, 74 Stat. 40; Pub. L. 95–45, §4(b), June 15, 1977, 91 Stat. 222; Pub. L. 103–437, §9(a)(4), Nov. 2, 1994, 108 Stat. 4588.)
Editorial Notes
Amendments
1994—Pub. L. 103–437 substituted "Foreign Affairs" for "International Relations" wherever appearing.
1977—Pub. L. 95–45 substituted "International Relations Committee" for "Foreign Affairs Committee" as the name of the House Committee from which not less than four of the House appointees must be drawn, inserted requirement that the appointment of the Senate appointees by the President of the Senate be made upon the recommendations of the majority and minority leaders of the Senate, and inserted provision that the Chairman or Vice Chairman of the House delegation be a Member from the International Relations Committee, and, unless the President of the Senate, upon the recommendation of the Majority Leader, determines otherwise, the Chairman or Vice Chairman of the Senate delegation be a Member from the Foreign Relations Committee.
§276i. Authorization of appropriations; disbursements
An appropriation of $120,000 annually is authorized, $60,000 of which shall be for the House delegation and $60,000 for the Senate delegation, or so much thereof as may be necessary, to assist in meeting the expenses of the United States group of the Mexico-United States Interparliamentary group for each fiscal year for which an appropriation is made, the House and Senate portions of such appropriation to be disbursed on vouchers to be approved by the Chairman of the House delegation and the Chairman of the Senate delegation, respectively.
(Pub. L. 86–420, §2, Apr. 9, 1960, 74 Stat. 40; Pub. L. 94–350, title I, §118(b), July 12, 1976, 90 Stat. 827; Pub. L. 101–515, title III, §304(c), Nov. 5, 1990, 104 Stat. 2129; Pub. L. 103–236, title V, §502(a)(1), Apr. 30, 1994, 108 Stat. 461; Pub. L. 107–77, title IV, §408(b)(2), Nov. 28, 2001, 115 Stat. 790.)
Editorial Notes
Amendments
2001—Pub. L. 107–77 substituted "$120,000" for "$80,000" and substituted "$60,000" for "$40,000" in two places.
1994—Pub. L. 103–236 substituted "$80,000" for "$100,000" and substituted "$40,000" for "$50,000" in two places.
1990—Pub. L. 101–515 substituted "$100,000" for "$50,000" and "$50,000" for "$25,000" in two places.
1976—Pub. L. 94–350 increased annual appropriations authorization to $50,000 from $30,000 and amount for the House and Senate delegations to $25,000 from $15,000.
Statutory Notes and Related Subsidiaries
Permanent Appropriation for Delegation Expenses
A permanent appropriation to carry out this section is contained in section 101(a) [title III, §303] of Pub. L. 100–202, as amended, set out as a note under section 276e of this title.
§276j. Report to Congress
The United States group of the Mexico-United States Interparliamentary group shall submit to the Congress a report for each fiscal year for which an appropriation is made including its expenditures under such appropriation.
(Pub. L. 86–420, §3, Apr. 9, 1960, 74 Stat. 40.)
§276k. Auditing of accounts
The certificate of the Chairman of the House delegation or the Senate delegation of the Mexico-United States Interparliamentary group shall on and after April 9, 1960 be final and conclusive upon the accounting officers in the auditing of the accounts of the United States group of the Mexico-United States Interparliamentary group.
(Pub. L. 86–420, §4, Apr. 9, 1960, 74 Stat. 40.)
SUBCHAPTER II–A—BRITISH-AMERICAN INTERPARLIAMENTARY GROUP
§276l. British-American Interparliamentary Group
(a) Establishment and meetings
Not to exceed 24 Members of Congress shall be appointed to meet annually and when the Congress is not in session (except that this restriction shall not apply to meetings held in the United States), with representatives of the House of Commons and the House of Lords of the Parliament of Great Britain for discussion of common problems in the interest of relations between the United States and Great Britain. The Members of Congress so appointed shall be referred to as the "United States group" of the United States Interparliamentary Group.
(b) Appointment of Members
Of the Members of Congress appointed for purposes of this section—
(1) half shall be appointed by the Speaker of the House of Representatives from among Members of the House (not less than 4 of whom shall be members of the Committee on Foreign Affairs), and
(2) half shall be appointed by the President Pro Tempore of the Senate, upon recommendations of the majority and minority leaders of the Senate, from among Members of the Senate (not less than 4 of whom shall be members of the Committee on Foreign Relations) unless the majority and minority leaders of the Senate determine otherwise.
(c) Chair and Vice Chair
(1) The Chair or Vice Chair of the House delegation of the United States group shall be a member from the Committee on Foreign Affairs.
(2) The President Pro Tempore of the Senate shall designate the Chair or Vice Chair of the Senate delegation.
(d) Funding
There is authorized to be appropriated $50,000 for each fiscal year to assist in meeting the expenses of the United States group for each fiscal year for which an appropriation is made, half of which shall be for the House delegation and half of which shall be for the Senate delegation. The House and Senate portions of such appropriations shall be disbursed on vouchers to be approved by the Chair of the House delegation and the Chair of the Senate delegation, respectively.
(e) Certification of expenditures
The certificate of the Chair of the House delegation or the Senate delegation of the United States group shall be final and conclusive upon the accounting officers in the auditing of the accounts of the United States group.
(f) Annual report
The United States group shall submit to the Congress a report for each fiscal year for which an appropriation is made for the United States group, which shall include its expenditures under such appropriation.
(Pub. L. 102–138, title I, §168, Oct. 28, 1991, 105 Stat. 676.)
Editorial Notes
Codification
Section is comprised of section 168 of Pub. L. 102–138. Subsec. (g) of section 168 of Pub. L. 102–138 amended section 1928e of this title.
Statutory Notes and Related Subsidiaries
Appropriations for Expenses of Interparliamentary Groups
Pub. L. 98–164, title I, §109(b), (c), Nov. 22, 1983, 97 Stat. 1019, as amended by Pub. L. 99–415, §7(b), Sept. 19, 1986, 100 Stat. 949; Pub. L. 100–459, title III, §303(b), Oct. 1, 1988, 102 Stat. 2207; Pub. L. 101–515, title III, §304(b), Nov. 5, 1990, 104 Stat. 2128; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §701(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-459; Pub. L. 107–77, title IV, §408(b)(4), Nov. 28, 2001, 115 Stat. 791; Pub. L. 110–161, div. J, title VI, §634(s), Dec. 26, 2007, 121 Stat. 2331, provided that:
"(b) There are authorized to be appropriated each fiscal year $100,000, to be equally divided between delegations of the Senate and the House of Representatives, to assist in meeting the expenses of the United States Group of the British-American Parliamentary Group. Amounts appropriated under this section [amending section 1928e of this title and enacting this note] are authorized to remain available until expended.
"(c) There are authorized to be appropriated for each fiscal year $100,000 for expenses of United States participation in the Transatlantic Legislators' Dialogue (United States-European Union Interparliamentary Group)."
[A permanent appropriation to carry out section 109(b) and (c) of Pub. L. 98–164, set out above, is contained in section 101(a) [title III, §303] of Pub. L. 100–202, set out as a Permanent Appropriation for Delegation Expenses note under section 276e of this title.]
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)
(a) Establishment
In accordance with the allocation of seats to the United States in the Parliamentary Assembly of the Conference on Security and Cooperation in Europe (hereinafter referred to as the "CSCE Assembly") not to exceed 17 Members of Congress shall be appointed to meet jointly and annually with representative parliamentary groups from other Conference on Security and Cooperation in Europe (CSCE) member-nations for the purposes of—
(1) assessing the implementation of the objectives of the CSCE;
(2) discussing subjects addressed during the meetings of the Council of Ministers for Foreign Affairs and the biennial Summit of Heads of State or Government;
(3) initiating and promoting such national and multilateral measures as may further cooperation and security in Europe.
(b) Appointment of Delegation
For each meeting of the CSCE Assembly, there shall be appointed a United States Delegation, as follows:
(1) In 1992 and every even-numbered year thereafter, 9 Members shall be appointed by the Speaker of the House from Members of the House (not less than 4 of whom, including the Chairman of the United States Delegation, shall be from the Committee on Foreign Affairs); and 8 Members shall, upon recommendations of the Majority and Minority leaders of the Senate, be appointed by the President Pro Tempore of the Senate from Members of the Senate (not less than 4 of whom, including the Vice Chairman of the United States Delegation, shall be from the Committee on Foreign Relations, unless the President Pro Tempore of the Senate, upon recommendations of the Majority and Minority leaders of the Senate, determines otherwise).
(2) In every odd-numbered year beginning in 1993, 9 Members shall, upon recommendation of the Majority and Minority Leaders 1 of the Senate, be appointed by the President Pro Tempore of the Senate from Members of the Senate (not less than 4 of whom, including the Chairman of the United States Delegation, shall be from the Committee on Foreign Relations, unless the President Pro Tempore of the Senate, upon recommendations of the Majority and Minority leaders of the Senate, determines otherwise); and 8 Members shall be appointed by the Speaker of the House from Members of the House (not less than 4 of whom, including the Vice Chairman, shall be from the Committee on Foreign Affairs).
(c) Administrative support
For the purpose of providing general staff support and continuity between successive delegations, each United States Delegation shall have 2 secretaries (one of whom shall be appointed by the Chairman of the Committee on Foreign Affairs of the House of Representatives and one of whom shall be appointed by the Chairman of the Delegation of the Senate).
(d) Funding
(1) United States participation
There is authorized to be appropriated for each fiscal year $80,000 to assist in meeting the expenses of the United States delegation.2 For each fiscal year for which an appropriation is made under this subsection, half of such appropriation may be disbursed on voucher to be approved by the Chairman and half of such appropriation may be disbursed on voucher to be approved by the Vice Chairman.
(2) Availability of appropriations
Amounts appropriated pursuant to this subsection are authorized to be available until expended.
(e) Annual report
The United States Delegation shall, for each fiscal year for which an appropriation is made, submit to the Congress a report including its expenditures under such appropriation. The certificate of the Chairman and Vice Chairman of the United States Delegation shall be final and conclusive upon the accounting officers in the auditing of the accounts of the United States Delegation.
(Pub. L. 102–138, title I, §169, Oct. 28, 1991, 105 Stat. 677.)
Executive Documents
Ex. Ord. No. 13029. Change of Name of Conference on Security and Cooperation in Europe
Ex. Ord. No. 13029, Dec. 3, 1996, 61 F.R. 64591, provided in part that effective Jan. 1, 1995, the Conference on Security and Cooperation in Europe would be called the Organization for Security and Cooperation in Europe.
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be capitalized.
SUBCHAPTER II–C—UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP
§276n. United States Senate-China Interparliamentary Group
(a) Establishment and meetings
Not to exceed 12 Senators shall be appointed to meet annually with representatives of the National People's Congress of the People's Republic of China for discussion of common problems in the interest of relations between the United States and China. The Senators so appointed shall be referred to as the "United States group" of the United States Senate-China Interparliamentary Group.
(b) Appointment of Members
The President pro tempore of the Senate shall appoint Senators under this section upon the recommendations of the majority and minority leaders of the Senate. The President pro tempore of the Senate shall designate 1 Senator as the Chair of the United States group.
(c) Funding
There is authorized to be appropriated $100,000 for each fiscal year to assist in meeting the expenses of the United States group for each fiscal year for which an appropriation is made. Appropriations shall be disbursed on vouchers to be approved by the Chair of the United States group.
(d) Certification of expenditures
The certificate of the Chair of the United States group shall be final and conclusive upon the accounting officers in the auditing of the accounts of the United States group.
(e) Fiscal year 2004 funding
There is authorized within the contingent fund of the Senate under the appropriation account "
(f) Appropriations
There are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, $100,000 for the United States Senate-China Interparliamentary Group.
(g) Effective date
(1) In general
Subsections (a) though (d) shall apply to fiscal year 2004, and each fiscal year thereafter.
(2) Fiscal year 2004
Subsections (e) and (f) shall apply to fiscal year 2004.
(Pub. L. 108–199, div. H, §153, Jan. 23, 2004, 118 Stat. 448.)
SUBCHAPTER II–D—UNITED STATES SENATE-RUSSIA INTERPARLIAMENTARY GROUP
§276o. United States Senate-Russia Interparliamentary Group
(a) Establishment and meetings
Not to exceed 12 Senators shall be appointed to meet annually with representatives of the Federation Council of Russia for discussion of common problems in the interest of relations between the United States and Russia. The Senators so appointed shall be referred to as the "United States group" of the United States Senate-Russia Interparliamentary Group.
(b) Appointment of Members
The majority and minority leaders of the Senate shall appoint the Senators of the United States group. The majority leader of the Senate shall designate 1 Senator as the Chair of the United States group.
(c) Funding
There is authorized to be appropriated $100,000 for each fiscal year to assist in meeting the expenses of the United States group for each fiscal year for which an appropriation is made. Appropriations shall be disbursed on vouchers to be approved by the Chair of the United States group.
(d) Certification of expenditures
The certificate of the Chair of the United States group shall be final and conclusive upon the accounting officers in the auditing of the accounts of the United States group.
(e) Fiscal year 2004 funding
There is authorized within the contingent fund of the Senate under the appropriation account "
(f) Appropriations
There are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, $100,000 for the United States Senate-Russia Interparliamentary Group.
(g) Effective date
(1) In general
Subsections (a) though (d) shall apply to fiscal year 2004, and each fiscal year thereafter.
(2) Fiscal year 2004
Subsections (e) and (f) shall apply to fiscal year 2004.
(Pub. L. 108–199, div. H, §154, Jan. 23, 2004, 118 Stat. 449.)
SUBCHAPTER II–E—UNITED STATES SENATE-JAPAN INTERPARLIAMENTARY GROUP
§276p. United States Senate-Japan Interparliamentary Group
(a) Establishment and meetings
Not to exceed 12 Senators shall be appointed to meet once per Congress with representatives of the Diet of Japan for discussion of common problems in the interest of relations between the United States and Japan. The Senators so appointed shall be referred to as the "United States group" of the United States Senate-Japan Interparliamentary Group. The meetings shall take place in Japan and Washington, D.C. alternatively.
(b) Appointment of members
The President of the Senate shall appoint Senators under this section, including a Chair and Vice Chair, upon recommendations of the majority and minority leaders of the Senate. Such appointments shall be for the duration of each Congress.
(c) Funding
There is authorized to be appropriated $100,000 for each Congress to assist in meeting the expenses of the United States group. Appropriations shall be disbursed on vouchers to be approved by the Chair of the United States group.
(d) Certification of expenditures
A report of expenditures by the United States group shall be prepared and certified each Congress by the Chair.
(e) Effective date
This section shall apply to fiscal year 2008, and each fiscal year thereafter.
(Pub. L. 110–161, div. H, title I, §5, Dec. 26, 2007, 121 Stat. 2221.)
SUBCHAPTER III—KERMIT ROOSEVELT FUND
§276aa. Establishment of the Kermit Roosevelt fund; creation and composition of board of trustees
There is established in the Department of the Army a board to be known as the Trustees of the Kermit Roosevelt Fund, whose duty it shall be properly to administer all money and property which on and after July 2, 1945, may come under its control as part of the Kermit Roosevelt fund, created pursuant to section 276bb of this title. The board shall be composed of the Chief of Finance, United States Army, ex officio, and three general officers of the Army who shall be appointed to the board and may be replaced thereon by the Secretary of the Army.
(July 2, 1945, ch. 228, §1, 59 Stat. 316; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
Editorial Notes
Codification
Section was formerly classified to section 224 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
§276bb. Acceptance of funds and property from Mrs. Kermit Roosevelt; purpose and use; disbursement and investment of fund
The board is authorized to accept from Mrs. Kermit Roosevelt such money and property as she may tender, to receipt therefor on behalf of the United States, and to deposit the funds so received in the Treasury of the United States as the original corpus of a trust fund, to be known as the Kermit Roosevelt fund, which shall be used for the purpose of fostering a better understanding and a closer relationship between the military forces of the United States and those of the United Kingdom by sponsoring lectures or courses of instruction to be delivered by officers of the British Army at the United States Military Academy and elsewhere in the United States and by officers of the United States Army at Sandhurst Royal Military College and elsewhere in the United Kingdom or, should such exchange lectures prove or become impracticable or unnecessary for any reason, by such other application of the funds as the board, with the approval of the Secretary of the Army may determine. The original corpus of the fund and the income therefrom may be disbursed at the discretion of the board in furtherance of the stated purpose, and shall be subject to investment and reinvestment as provided in section 276cc of this title.
(July 2, 1945, ch. 228, §2, 59 Stat. 316; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
Editorial Notes
Codification
Section was formerly classified to section 225 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
§276cc. Acceptance of funds and property from other sources; limitation; disbursement and investment
The board is also authorized to accept, receive, hold, and administer gifts, bequests and devises of money, securities, or other property, whether real or personal, from any source, for the benefit of the Kermit Roosevelt fund, but no such gift, bequest, or devise which entails any expenditure not to be met out of the gift, bequest, devise, or the income thereof shall be accepted without the consent of Congress. Such additional sums or property shall be receipted for by the Chief of Finance and may, at the discretion of the board and unless otherwise restricted by the terms of the gift, bequest, or devise, be administered and disbursed in the same manner as the original corpus of the fund and the income therefrom. The board may in its discretion sell or exchange securities or other property given, bequeathed, or devised to or for the benefit of the Kermit Roosevelt fund, and may invest and reinvest the proceeds thereof, together with any other moneys in the fund, in such investments as it may determine from time to time: Provided, however, That the board is not authorized to engage in any business, nor shall it make any investments for the account of the fund which could not lawfully be made by a trust company in the District of Columbia, except that it may make any investment directly authorized by the instrument of gift, bequest, or devise under which the funds to be invested are derived, and may retain any investments accepted by it.
(July 2, 1945, ch. 228, §3, 59 Stat. 317.)
Editorial Notes
Codification
Section was formerly classified to section 226 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
§276dd. Income from property covered into Treasury; disbursement and investment
The income from any property held or administered by the board, as and when collected, shall be deposited in the Treasury of the United States to the credit of the trust fund established pursuant to section 276bb of this title, and it shall be and remain subject to investment, reinvestment, and disbursement by the board for the uses and purposes set forth herein.
(July 2, 1945, ch. 228, §4, 59 Stat. 317.)
Editorial Notes
Codification
Section was formerly classified to section 227 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
§276ee. Powers of board; personal liability of members; compensation; decisions reviewable by Secretary of the Army; annual report; jurisdiction of court
The board shall have all the usual powers of a trustee in respect to all property administered by it, but the members of the board shall not be personally liable, except for misfeasance, on account of any acts performed in their trust capacity. The members of the board shall not be required to furnish bond, and no additional compensation shall accrue to any of them on account of their duties as trustees. Within the limits prescribed by sections 276bb to 276dd of this title, the administration, control, and expenditure of this fund and its application to the purposes intended shall be according to the sole discretion of the board, and the exercise of its discretion and authority in regard thereto and its decisions thereon, including any payments made or authorized by it to be made from the Kermit Roosevelt fund, shall not be subject to review except by the Secretary of the Army, to whom the board shall, on the 1st day of January, each year, render a full report of its activities during the preceding twelve months. The actions of the board shall not be subject to judicial review except in an action brought in the United States District Court for the District of Columbia, which is given jurisdiction of such suits, for the purpose of enforcing the provisions of any trust accepted by the board.
(July 2, 1945, ch. 228, §5, 59 Stat. 317; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
Editorial Notes
Codification
Section was formerly classified to section 228 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
SUBCHAPTER IV—INTERNATIONAL BOUNDARY AND WATER COMMISSION
§277. International Boundary Commission, United States and Mexico; study of boundary waters
The President is authorized to designate the American Commissioner on the International Boundary Commission, United States and Mexico, or other Federal agency, to cooperate with a representative or representatives of the Government of Mexico in a study regarding the equitable use of the waters of the lower Rio Grande and the lower Colorado and Tia Juana Rivers, for the purpose of obtaining information which may be used as a basis for the negotiation of a treaty with the Government of Mexico relative to the use of the waters of these rivers and to matters closely related thereto. On completion of such study the results shall be reported to the Secretary of State.
(May 13, 1924, ch. 153, §1, 43 Stat. 118; Mar. 3, 1927, ch. 381, §1, 44 Stat. 1403; Aug. 19, 1935, ch. 561, 49 Stat. 660.)
Editorial Notes
Amendments
1935—Act Aug. 19, 1935, created the International Boundary Commission to take the place of the three special commissioners.
1927—Act Mar. 3, 1927, provided for a study of Tia Juana River in addition to the lower Rio Grande and Colorado Rivers.
Statutory Notes and Related Subsidiaries
Change of Name
International Boundary Commission, United States and Mexico, American section, to which powers, duties, and functions of International Water Commission, United States and Mexico, American section, were transferred by act June 30, 1932, ch. 314, pt. II, title V, §510, 47 Stat. 417, reconstituted as International Boundary and Water Commission by Water Treaty of 1944.
Short Title
Pub. L. 100–465, Oct. 3, 1988, 102 Stat. 2272, which enacted sections 277g to 277g–3 of this title, is known as the Rio Grande Pollution Correction Act of 1987. For complete classification of this Act to the Code, see Short Title note set out under section 277g of this title and Tables.
Pub. L. 92–549, Oct. 25, 1972, 86 Stat. 1161, which enacted sections 277d–34 to 277d–42 of this title, is known as the American-Mexican Boundary Treaty Act of 1972. For complete classification of this Act to the Code, see Short Title note set out under section 277d–34 of this title and Tables.
Pub. L. 88–300, Apr. 29, 1964, 78 Stat. 184, which enacted sections 277d–17 to 277d–25 of this title, is known as the American-Mexican Chamizal Convention Act of 1964. For complete classification of this Act to the Code, see Short Title note set out under section 277d–17 of this title and Tables.
Act Sept. 13, 1950, ch. 948, 64 Stat. 846, which enacted sections 277d–1 to 277d–9 of this title, is known as the American-Mexican Treaty Act of 1950. For complete classification of this Act to the Code, see Short Title note set out under section 277d–1 of this title and Tables.
Repeals
Act Mar. 3, 1927, cited as a credit to this section, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647.
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
§277a. Investigations of commission; construction of works or projects
The Secretary of State, acting through the American Commissioner, International Boundary Commission, United States and Mexico, is further authorized to conduct technical and other investigations relating to the defining, demarcation, fencing, or monumentation of the land and water boundary between the United States and Mexico, to flood control, water resources, conservation, and utilization of water, sanitation and prevention of pollution, channel rectification, stabilization, drainage of transboundary storm waters, and other related matters upon the international boundary between the United States and Mexico; and to construct and maintain fences, monuments and other demarcations of the boundary line between the United States and Mexico, and sewer systems, water systems, and electric light, power and gas systems crossing the international border, and to continue such work and operations through the American Commissioner as are now in progress and are authorized by law.
The President is authorized and empowered to construct, operate, and maintain on the Rio Grande River below Fort Quitman, Texas, any and all works or projects which are recommended to the President as the result of such investigations and by the President are deemed necessary and proper.
(May 13, 1924, ch. 153, §2, 43 Stat. 118; Mar. 3, 1927, ch. 381, §2, 44 Stat. 1403; Aug. 19, 1935, ch. 561, 49 Stat. 660; Pub. L. 101–246, title IV, §412(b)(2), Feb. 16, 1990, 104 Stat. 70.)
Editorial Notes
Amendments
1990—Pub. L. 101–246 inserted reference to drainage of transboundary storm waters.
1935—Act Aug. 19, 1935, amended section generally.
1927—Act Mar. 3, 1927, increased appropriation from $20,000 to $50,000.
Statutory Notes and Related Subsidiaries
Change of Name
International Boundary Commission, United States and Mexico, American section, to which powers, duties, and functions of International Water Commission, United States and Mexico, American section, were transferred by act June 30, 1932, ch. 314, pt. II, title V, §510, 47 Stat. 417, reconstituted as International Boundary and Water Commission by Water Treaty of 1944.
Repeals
Act Mar. 3, 1927, cited as a credit to this section, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647.
Water Resources Planning
Jurisdiction, powers, or prerogatives of the International Boundary and Water Commission, United States and Mexico, unaffected by Water Resources Planning Act, see section 1962–1 of Title 42, The Public Health and Welfare.
§277b. Works or projects under treaty
(a) Construction, operation, maintenance, and supervision; sewage interceptor system
The President is further authorized (1) to construct any project or works which may be provided for in a treaty entered into with Mexico and to repair, protect, maintain, or complete works now existing or now under construction or those that may be constructed under the treaty provisions aforesaid; and to construct any project or works designed to facilitate compliance with the provisions of treaties between the United States and Mexico; (2) to operate and maintain any project or works so constructed or, subject to such rules and regulations for continuing supervision by the said American Commissioner or any Federal agency as the President may cause to be promulgated, to turn over the operation and maintenance of such project or works to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such project or works may be in whole or in part situated, upon such terms, conditions, and requirements as the President may deem appropriate; and (3) to carry out preliminary surveys, operations, and maintenance of the interceptor system constructed to intercept sewage flows from Tijuana from selected canyon areas.
(b) Rio Grande bank protection project
Expenditures for the Rio Grande bank protection project shall be subject to the provisions and conditions made with respect to that project in the first undesignated paragraph under the heading "
(c) Anzalduas diversion dam
The Anzalduas diversion dam shall not be operated for irrigation or water supply purposes in the United States unless suitable arrangements have been made with the prospective water users for repayment to the Government of the United States for such portions of the dam as shall have been allocated to such purposes by the Secretary of State.
(d) Improvements to Rio Grande Canalization Project
Pursuant to the authority of subsection (a) and in order to facilitate further compliance with the terms of the Convention for Equitable Distribution of the Waters of the Rio Grande, May 21, 1906, United States-Mexico, the Secretary of State, acting through the United States Commissioner of the International Boundary and Water Commission, may make improvements to the Rio Grande Canalization Project, originally authorized by the Act of August 29, 1935 (49 Stat. 961). Such improvements may include all such works as may be needed to stabilize the Rio Grande in the reach between the Percha Diversion Dam in New Mexico and the American Diversion Dam in El Paso.
(May 13, 1924, ch. 153, §3, as added Aug. 19, 1935, ch. 561, 49 Stat. 660; amended Pub. L. 101–246, title IV, §412(b)(1), Feb. 16, 1990, 104 Stat. 70; Pub. L. 104–319, title I, §104, Oct. 19, 1996, 110 Stat. 3866.)
Editorial Notes
References in Text
The first undesignated paragraph under the heading "
Amendments
1996—Subsec. (d). Pub. L. 104–319 added subsec. (d).
1990—Pub. L. 101–246 designated existing provisions as subsec. (a), redesignated cls. (a) and (b) as (1) and (2), respectively, added cl. (3), and added subsecs. (b) and (c).
§277c. Agreements with political subdivisions; acquisition of lands
In order to carry out the provisions of sections 277 to 277d of this title, the President, or any Federal agency he may designate is authorized, (a) in his discretion, to enter into agreements with any one or more of said political subdivisions, in connection with the construction of any project or works provided for in paragraph (2) of section 277a and section 277b of this title, under the terms of which agreements there shall be furnished to the United States, gratuitously, except for the examination and approval of titles, the lands or easements in lands necessary for the construction, operation, and maintenance in whole or in part of any such project or works, or for the assumption by one or more of any such political subdivisions making such agreement, of the operation and maintenance of such project or works in whole or in part upon the completion thereof: Provided, however, That when an agreement is reached that necessary lands or easements shall be provided by any such political subdivision and for the future operation and maintenance by it of a project or works or a part thereof, in the discretion of the President the title to such lands and easements for such projects or works need not be required to be conveyed to the United States but may be required only to be vested in and remain in such political subdivision; (b) to acquire by purchase, exercise of the power of eminent domain, or by donation, any real or personal property which may be necessary; (c) 1 to withdraw from sale, public entry or disposal of such public lands of the United States as he may find to be necessary and thereupon the Secretary of the Interior shall cause the lands so designated to be withdrawn from any public entry whatsoever, and from sale, disposal, location or settlement under the mining laws or any other law relating to the public domain and shall cause such withdrawal to appear upon the records in the appropriate land office having jurisdiction over such lands, and such lands may be used for carrying out the purposes of sections 277 to 277d of this title: Provided, That any such withdrawal may subsequently be revoked by the President; and (d) to make or approve all necessary rules and regulations.
(May 13, 1924, ch. 153, §4, as added Aug. 19, 1935, ch. 561, 49 Stat. 660; amended May 22, 1936, ch. 447, 49 Stat. 1370.)
Editorial Notes
Amendments
1936—Act May 22, 1936, inserted "paragraph (2) of section 277a".
Statutory Notes and Related Subsidiaries
Repeal; Savings Provision
Clause (c), except the proviso thereof, repealed by Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, effective on and after Oct. 21, 1976. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.
1 See Repeal; Savings Provision note below.
§277d. Funds received from Mexico; expenditure
Any moneys contributed by or received from the United Mexican States, the North American Development Bank, or the Border Environment Cooperation Commission for the purpose of cooperating or assisting in carrying out the provisions of sections 277 to 277d of this title shall be available for expenditure in connection with any appropriation which may be made for the purposes of such sections.
(May 13, 1924, ch. 153, §5, as added Aug. 19, 1935, ch. 561, 49 Stat. 660; amended Pub. L. 107–228, div. A, title II, §210, Sept. 30, 2002, 116 Stat. 1365.)
Editorial Notes
Amendments
2002—Pub. L. 107–228 inserted ", the North American Development Bank, or the Border Environment Cooperation Commission" after "United Mexican States".
§277d–1. Authorizations for Mexican treaty projects; acquisition of lands for relocation purposes; contracts and conveyances
The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico (herein referred to as the "Commission"), in connection with any project under the jurisdiction of the United States Section, International Boundary and Water Commission, United States and Mexico, is authorized: (a) to purchase, or condemn, lands, or interests in lands, for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which, in the judgment of the said Commissioner, is necessitated by the construction or operation and maintenance of any such project, and to perform any or all work involved in said relocations on said lands, or interests in lands, other lands, or interests in lands, owned and held by the United States in connection with the construction or operation and maintenance of any such project, or properties not owned by the United States; (b) to enter into contracts with the owners of the said properties whereby they undertake to acquire any, or all, property needed for said relocation, or to perform any, or all, work involved in said relocations; and (c) for the purpose of effecting completely said relocations, to convey, or exchange Government properties acquired or improved under clause (a) of this section, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said project, or to grant term or perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secretary of State without regard to provisions of law governing the patenting of public lands.
(Sept. 13, 1950, ch. 948, title I, §101, 64 Stat. 846.)
Statutory Notes and Related Subsidiaries
Short Title
Act Sept. 13, 1950, ch. 948, §1, 64 Stat. 846, provided that: "This Act [enacting this section and sections 277d–2 to 277d–9 of this title] may be cited as the 'American-Mexican Treaty Act of 1950'."
§277d–2. Construction and maintenance of roads, highways, etc.; housing and other facilities for personnel
The United States Commissioner is authorized to construct, equip, and operate and maintain all access roads, highways, railways, power lines, buildings, and facilities necessary in connection with any such project, and in his discretion to provide housing, subsistence, and medical and recreational facilities for the officers, agents, and employees of the United States, and/or for the contractors and their employees engaged in the construction, operation, and maintenance of any such project, and to make equitable charges therefor, or deductions from the salaries and wages due employees, or from progress payments due contractors, upon such terms and conditions as he may determine to be to the best interest of the United States, the sums of money so charged and collected or deducted to be credited to the appropriation for the project current at the time the obligations are incurred.
(Sept. 13, 1950, ch. 948, title I, §102, 64 Stat. 846.)
§277d–3. Authorization for appropriations; activities for which available; contracts for excess amounts
There are authorized to be appropriated to the Department of State for the use of the Commission, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of the Treaty of February 3, 1944, and other treaties and conventions between the United States of America and the United Mexican States, under which the United States Section operates, and to discharge the statutory functions and duties of the United States Section. Such sums shall be available for construction, operation and maintenance of stream gaging stations, and their equipment and sites therefor; personal services and rent in the District of Columbia and elsewhere; services, including those of attorneys and appraisers, in accordance with the provisions of section 3109 of title 5, at rates for individuals not in excess of the maximum daily rate for grade GS–15 of the General Schedule and the United States Commissioner is authorized, notwithstanding the provisions of any other Act, to employ as consultants by contract or otherwise without regard to chapter 51 and subchapter III of chapter 53 of title 5, and the civil-service laws and regulations, retired personnel of the Armed Forces of the United States, who shall not be required to revert to an active status; travel expense, including, in the discretion of the Commissioner, expenses of attendance at meetings of organizations concerned with the activities of the Commission which may be necessary for the efficient discharge of the responsibilities of the Commission; hire, with or without personal services, of work animals, and animal-drawn, and motor-propelled (including passenger) vehicles and aircraft and equipment; acquisition by donation, purchase, or condemnation, of real and personal property, including expenses of abstracts, certificates of title, and recording fees; purchase of ice and drinking water; inspection of equipment, supplies and materials by contract or otherwise; drilling and testing of foundations and dam sites, by contract if deemed necessary; payment for official telephone service in the field in case of official telephones installed in private houses when authorized under regulations established by the Commissioner; purchase of firearms and ammunition for guard purposes; official entertainment and other representation expenses within the United States for the United States section; and such other objects and purposes as may be permitted by laws applicable, in whole or in part, to the United States Section: Provided, That, when appropriations have been made for the commencement or continuation of construction or operation and maintenance of any such project, the United States Commissioner, notwithstanding the provisions of sections 1341, 1342, and 1349 to 1351 and subchapter II of chapter 15 of title 31, and sections 6301(a) and (b) and 6303 of title 41, or any other law, may enter into contracts beyond the amount actually appropriated for so much of the work on any such authorized project as the physical and orderly sequence of construction makes necessary, such contracts to be subject to and dependent upon future appropriations by Congress: Provided further, That the United States Commissioner shall prepare, within 30 days after the end of each fiscal year, a report of all expenditures during that year for official entertainment and other representation expenses, which shall be available for public inspection.
(Sept. 13, 1950, ch. 948, title I, §103, 64 Stat. 847; Pub. L. 88–448, title IV, §402(a)(29), Aug. 19, 1964, 78 Stat. 494; Pub. L. 95–105, title V, §514(c), Aug. 17, 1977, 91 Stat. 862; Pub. L. 102–138, title I, §165, Oct. 28, 1991, 105 Stat. 676.)
Editorial Notes
References in Text
Grade GS–15, referred to in text, is contained in the General Schedule which is set out under section 5332 of Title 5, Government Organization and Employees.
Codification
In text, "section 3109 of title 5" and "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "section 15 of the Act of August 2, 1946 (5 U.S.C. sec. 55a)" and "the Classification Act of 1949, as amended", respectively, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5, Government Organization and Employees.
In text, "sections 1341, 1342, and 1349 to 1351 and subchapter II of chapter 15 of title 31 and sections 6301(a) and (b) and 6303 of title 41" substituted for "sections 3679, 3732, and 3733 of the Revised Statutes" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1991—Pub. L. 102–138 inserted "official entertainment and other representation expenses within the United States for the United States section;" after "guard purposes;" and concluding provision that the United States Commissioner prepare, within 30 days after the end of each fiscal year, a report of all expenditures during that year for official entertainment and other representation expenses, with such report to be available for public inspection.
1977—Pub. L. 95–105 substituted "the maximum daily rate for grade GS–15 of the General Schedule" for "$100 per diem".
1964—Pub. L. 88–448 struck out provisions which permitted retired personnel of the Armed Forces of the United States employed by the Commission to receive as compensation for temporary service, the difference between the rates of pay established therefor and their retired pay during the period or periods of their temporary employment.
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Pub. L. 95–105, title V, §514(d), Aug. 17, 1977, 91 Stat. 862, provided that: "The amendments made by this section [amending this section and sections 277d–28 and 277d–31 of this title] shall take effect on October 1, 1977."
§277d–4. Acquisition of properties of Imperial Irrigation District of California
The United States Commissioner, in order to comply with the provisions of articles 12 and 23 of the treaty of February 3, 1944, between the United States and Mexico, relating to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande below Fort Quitman, Texas, is authorized to acquire, in the name of the United States, by purchase or by proceedings in eminent domain, the physical properties owned by the Imperial Irrigation District of California, located in the vicinity of Andrade, California, consisting of the Alamo Canal in the United States, the Rockwood Intake, the Hanlon Heading, the quarry, buildings used in connection with such facilities, and appurtenant lands, and to reconstruct, operate and maintain such properties in connection with the administration of said treaty.
(Sept. 13, 1950, ch. 948, title I, §104, 64 Stat. 847.)
§277d–5. Availability of prior appropriations; restriction to projects agreed to under treaty
Funds heretofore appropriated to the Department of State under the heading "International Boundary and Water Commission, United States and Mexico" shall be available for the purposes of sections 277d–1 to 277d–5 of this title: Provided, That authorizations under said sections shall apply only to projects agreed upon by the two Governments in accordance with the treaty of February 3, 1944.
(Sept. 13, 1950, ch. 948, title I, §105, 64 Stat. 848.)
§277d–6. Douglas-Agua Prieta Sanitation Project; operation by Commission; division of costs; contribution by City of Douglas, Arizona
The Secretary of State is authorized, notwithstanding any other provision of law and subject to the conditions provided in this section and section 277d–7 of this title, to enter into an agreement with the appropriate official or officials of the United Mexican States for the operation and maintenance by the International Boundary and Water Commission, United States and Mexico, of the Douglas-Agua Prieta sanitation project, located at Douglas, Arizona, and Agua Prieta, Sonora, Mexico, heretofore constructed by the said Commission, which agreement shall contain such provisions relating to a division between the two Governments of the costs of such operation and maintenance, or of the work involved therein, as may be recommended by said Commission and approved by the Government of Mexico and by the Secretary of State on behalf of the Government of the United States: Provided, That no such agreement shall be entered into until the governing body of the city of Douglas, Arizona, has given assurances satisfactory to the Secretary of State that it will, so long as such agreement remains in force, contribute an equitable proportion, as determined by the United States Section of said Commission, subject to the approval of the Secretary of State, of the costs of such operation and maintenance allocated to the United States.
(Sept. 13, 1950, ch. 948, title II, §201, 64 Stat. 848.)
§277d–7. Authorization for appropriations; availability of prior appropriations; use of moneys received
There is authorized to be appropriated to the United States Section, International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to defray such costs as may accrue to the United States arising out of any such agreement for the operation and maintenance of such project: Provided, That funds heretofore appropriated to the Department of State under the heading "International Boundary and Water Commission, United States and Mexico", shall be available for expenditure for the purposes of this section and section 277d–6 of this title: Provided further, That any moneys received from the United Mexican States under the terms of any such agreement shall be available for expenditure in connection with any appropriations which may be available or which may be made for the purposes of said sections: And provided further, That moneys received from the city of Douglas, Arizona, pursuant to the provisions of said sections shall be available for expenditure in connection with any appropriations which may be available or which may be made available for the purposes of said sections.
(Sept. 13, 1950, ch. 948, title II, §202, 64 Stat. 848.)
§277d–8. Calexico Mexicali Sanitation Project; operation by Commission; division of costs; contribution by City of Calexico, California
The Secretary of State is authorized, subject to the conditions provided in this section and section 277d–9 of this title, to enter into an agreement with the appropriate official or officials of the United Mexican States for the construction, operation, and maintenance by the International Boundary and Water Commission, United States and Mexico, of a sanitation project for the cities of Calexico, California, and Mexicali, Lower California, Mexico, which agreement shall contain such provisions relating to a division between the two Governments of the cost of such construction and operation and maintenance, or of the work involved therein, as may be recommended by the said Commission and approved by the Government of Mexico and by the Secretary of State on behalf of the Government of the United States: Provided, That no such agreement shall be entered into until the governing body of the city of Calexico, California, has given assurances satisfactory to the Secretary of State that, so long as such agreement remains in force, the city of Calexico will contribute an equitable proportion as determined by the United States Section of said Commission, subject to the approval of the Secretary of State, of the costs of such construction, operation, and maintenance allocated to the United States.
(Sept. 13, 1950, ch. 948, title III, §301, 64 Stat. 848.)
§277d–9. Authorization for appropriations; availability of prior appropriations; use of moneys received
There is authorized to be appropriated to the United States section, International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to defray such costs as may accrue to the United States arising out of any such agreement for the construction, operation, and maintenance of such project: Provided, That funds heretofore appropriated to the Department of State under the heading "International Boundary and Water Commission, United States and Mexico", shall be available for expenditure for the purposes of this section and section 277d–8 of this title: Provided further, That any moneys received from the United Mexican States under the terms of any such agreement shall be available for expenditure in connection with any appropriation which may be available or which may be made available for the purposes of said sections: And provided further, That moneys received from the city of Calexico, California, pursuant to the provisions of said sections, shall be available for expenditure in connection with any appropriations which may be available or which may be made available for the purposes of said sections.
(Sept. 13, 1950, ch. 948, title III, §302, 64 Stat. 849.)
§277d–10. Nogales Sanitation Project; operation by Commission; division of costs; contribution by Nogales, Arizona
The Secretary of State is authorized, notwithstanding any other provision of law and subject to the conditions provided in this section and section 277d–11 of this title, to enter into an agreement with the appropriate official or officials of the United Mexican States for the operation and maintenance by the International Boundary and Water Commission, United States and Mexico, of the Nogales sanitation project, located at Nogales, Arizona, and Nogales, Sonora, Mexico, heretofore constructed by the said Commission, which agreement shall contain such provisions relating to a division between the two Governments of the costs of such operation and maintenance, or of the work involved therein, as may be recommended by said Commission and approved by the Government of Mexico and by the Secretary of State on behalf of the Government of the United States: Provided, That no such agreement shall be entered into until the governing body of the city of Nogales, Arizona, has given assurances satisfactory to the Secretary of State that it will, so long as such agreement remains in force, contribute an equitable proportion, as determined by the United States section of said Commission, subject to the approval of the Secretary of State, of the costs of such operation and maintenance allocated to the United States: Provided further, That such equitable proportion shall consist only of the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico.
(July 27, 1953, ch. 242, §1, 67 Stat. 195; Pub. L. 118–31, div. E, title LVI, §5602(a), Dec. 22, 2023, 137 Stat. 956.)
Editorial Notes
Amendments
2023—Pub. L. 118–31 substituted ": Provided further, That such equitable proportion shall consist only of the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico." for period at end.
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Pub. L. 118–31, div. E, title LVI, §5602(e), Dec. 22, 2023, 137 Stat. 959, provided that: "Subsections (a) and (b) [amending this section and enacting provisions set out as a note under this section] (including the amendments made by such subsections) shall take effect on October 1, 2024."
Nogales Wastewater Improvement
Pub. L. 118–31, div. E, title LVI, §5602(b)–(d), Dec. 22, 2023, 137 Stat. 956–959, provided that:
"(b)
"(1)
"(A)
"(B)
"(C)
"(D)
"(i) is operated by the Commission;
"(ii) is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and
"(iii) treats wastewater originating from—
"(I) Nogales, Sonora, Mexico; and
"(II) Nogales, Arizona.
"(E)
"(i) the International Outfall Interceptor; and
"(ii) the Nogales International Wastewater Treatment Plant.
"(2)
"(A)
"(i) the City has conveyed, without consideration, all right, title, and interest of the City in the International Outfall Interceptor to the Commission;
"(ii) all memoranda and agreements necessary for the Commission to operate and maintain the International Outfall Interceptor, as described in subparagraph (B), have been entered into; and
"(iii) a total of $12,500,000 has been appropriated pursuant to paragraph (3) or otherwise secured by the Commission for use in carrying out such paragraph.
"(B)
"(i) a memorandum of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor;
"(ii) an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and
"(iii) an agreement to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor.
"(3)
"(A)
"(B)
"(4)
"(A)
"(i)
"(ii)
"(B)
"(i) for fiscal year 2025—
"(I) $8,000,000 for construction of the debris screen described in subparagraph (A)(i); and
"(II) not less than $1,000,000 for the operation and maintenance of the debris screen described in subparagraph (A)(i); and
"(ii) not less than $1,000,000 for each of fiscal years 2026 through 2029 for the operation and maintenance of the debris screen described in subparagraph (A)(i).
"(5)
"(c) International Treaty.—Not later than six months after the date of enactment of this section [Dec. 22, 2023], the Commission shall seek to initiate negotiations with Mexico for a new Treaty Minute or a modification of Treaty Minute 227 to address, at a minimum, the following:
"(1) Joint operation and maintenance responsibilities of the International Outfall Interceptor.
"(2) Capacity usage of wastewater flows from the United States and Mexico through the International Outfall Interceptor.
"(3) Payment for excess wastewater flows through the International Outfall Interceptor emanating from the Nogales, Sonora, Mexico area.
"(4) Any terms and conditions considered necessary to support proportional use and maintenance of the International Outfall Interceptor.
"(d)
"(1) an operation and maintenance plan, or a description of the status of such plan, developed by the Commission and other relevant agencies, for the debris screen required under subsection (b)(4)(A);
"(2) a description of any operation and maintenance issues of the Nogales sanitation project, including relating to transnational criminal activity;
"(3) an update on efforts by the Commission to renegotiate an existing Treaty Minute or develop a new Treaty Minute pursuant to subsection (c); and
"(4) an accounting of all outstanding or overdue payments from Mexico or the City for the processing and conveyance of wastewater through the Nogales sanitation project."
§277d–11. Authorization of appropriations; availability of prior appropriations; use of moneys received
There is authorized to be appropriated to the United States section, International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to defray such costs as may accrue to the United States arising out of any such agreement for the operation and maintenance of such project: Provided, That funds heretofore appropriated to the Department of State under the heading "International Boundary and Water Commission, United States and Mexico", shall be available for expenditure for the purposes of this section and section 277d–10 of this title: Provided further, That any moneys received from the United Mexican States under the terms of any such agreement shall be available for expenditure in connection with any appropriations which may be available or which may be made for the purposes of said sections: And provided further, That moneys received from the city of Nogales, Arizona, pursuant to the provisions of said sections shall be available for expenditure in connection with any appropriations which may be available or which may be made available for the purposes of said sections.
(July 27, 1953, ch. 242, §2, 67 Stat. 195.)
§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
On and after June 20, 1956, in addition to the funds available under the appropriation "Rio Grande emergency flood protection", the United States Commissioner is authorized to expend from any appropriation available to the International Boundary and Water Commission, United States and Mexico, American Section, such sums as may be necessary for prosecution of emergency flood fighting and rescue operations, repairs or restoration of any flood control or sanitation works threatened or destroyed by floodwaters of the Rio Grande, the Colorado or Tijuana Rivers, or other streams running across or near the boundary, and for taking emergency actions, consistent with the emergency provisions of the Safe Drinking Water Act [42 U.S.C. 300f et seq.], to protect against health threatening surface and ground water pollution problems along the United States-Mexico boundary.
(June 20, 1956, ch. 414, title I, 70 Stat. 302; Pub. L. 101–246, title IV, §412(a), Feb. 16, 1990, 104 Stat. 69; Pub. L. 103–236, title IV, §423(b), Apr. 30, 1994, 108 Stat. 457.)
Editorial Notes
References in Text
The Safe Drinking Water Act, referred to in text, is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, §2(a), 88 Stat. 1660, which is classified generally to subchapter XII (§300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
Amendments
1994—Pub. L. 103–236 substituted "Tijuana Rivers, or other streams running across or near the boundary, and for taking emergency actions, consistent with the emergency provisions of the Safe Drinking Water Act, to protect against health threatening surface and ground water pollution problems along the United States-Mexico boundary" for "Tijuana Rivers, and for taking emergency actions to protect against health threatening sanitation problems by repairing or replacing existing capital infrastructure along the United States-Mexico Boundary".
1990—Pub. L. 101–246 inserted "or sanitation" after "flood control" and inserted before period at end ", the Colorado or Tijuana Rivers, and for taking emergency actions to protect against health threatening sanitation problems by repairing or replacing existing capital infrastructure along the United States-Mexico Boundary".
§277d–13. Authorization for international storage dam on the Rio Grande
The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is hereby authorized to conclude with the appropriate official or officials of the Government of Mexico an agreement for the joint construction, operation, and maintenance by the United States and Mexico, in accordance with the provisions of the treaty of February 3, 1944, with Mexico, of a major international storage dam on the Rio Grande at the site and having substantially the characteristics described in minute numbered 207 adopted June 19, 1958, by the said Commission, and in the "Rio Grande International Storage Dams Project—Report on Proposed Dam and Reservoir" prepared by the United States Section of the said Commission and dated September 1958.
(Pub. L. 86–605, §1, July 7, 1960, 74 Stat. 360.)
§277d–14. Construction, operation, and maintenance on self-liquidating basis of facilities for generating hydroelectric energy
If agreement is concluded pursuant to section 277d–13 of this title for the construction of a major international storage dam the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to conclude with the appropriate official or officials of Mexico an agreement consistent with article 7 of the treaty of February 3, 1944, for the construction, operation, and maintenance on a self-liquidating basis, for the United States share, of facilities for generating hydroelectric energy at said dam.
If agreement for the construction of separate facilities for generating hydroelectric energy is concluded, the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is directed to construct, operate, and maintain such self-liquidating facilities for the United States.
(Pub. L. 86–605, §2, July 7, 1960, 74 Stat. 360.)
§277d–15. Integration of operation of dam with other United States water conservation activities
If a dam is constructed pursuant to an agreement concluded under the authorization granted by section 277d–13 of this title, its operation for conservation and release of United States share of waters shall be integrated with other United States water conservation activities on the Rio Grande below Fort Quitman, Texas, in such manner as to provide the maximum feasible amount of water for beneficial use in the United States with the understandings that (a) releases of United States share of waters from said dam for domestic, municipal, industrial, and irrigation uses in the United States shall be made pursuant to order by the appropriate authority or authorities of the State of Texas, and (b) the State of Texas having stipulated that the amount of water that will be available for use in the United States below Falcon Dam after the proposed dam is placed in operation will be not less than the amount available under existing conditions of river development, and to carry out such understandings and said stipulation the conservation storage of said dam shall be used, and it shall be the exclusive responsibility of the appropriate authority or authorities of said State to distribute available United States share of waters of the Rio Grande in such manner as will comply with said stipulation.
(Pub. L. 86–605, §3, July 7, 1960, 74 Stat. 360.)
§277d–16. Authorization of appropriations
There is hereby authorized to be appropriated to the Department of State for the use of the United States Section, International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to carry out the provisions of sections 277d–13 to 277d–16 of this title.
(Pub. L. 86–605, §4, July 7, 1960, 74 Stat. 361.)
§277d–17. Chamizal boundary settlement; investigations relating to river channel; acquisition of lands; relocation of facilities
In connection with the convention between the United States of America and the United Mexican States for the solution of the problem of the Chamizal, signed August 29, 1963, the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized—
a. to conduct technical and other investigations relating to: the demarcation or monumentation of the boundary between the United States and Mexico; flood control; water resources; sanitation and prevention of pollution; channel relocation, improvement, and stabilization; and other matters related to the new river channel.
b. to acquire by donation, purchase, or condemnation, all lands required—
(1) for transfer to Mexico as provided in said convention;
(2) for construction of that portion of the new river channel and the adjoining levee in the territory of the United States;
(3) for relocation of highways, roadways, railroads, telegraph, telephone, electric transmission lines, bridges, related facilities, and any publicly owned structure or facility, the relocation of which, in the judgment of the said Commissioner, is necessitated by the project.
c. For the purpose of effecting said relocations—
(1) to perform any or all work involved in said relocations;
(2) to enter into contracts with the owners of properties to be relocated whereby they undertake to acquire any or all properties needed for said relocations, or undertake to perform any or all work involved in said relocations;
(3) to convey or exchange properties acquired or improved by the United States under sections 277d–17 to 277d–25 of this title or under said convention, with or without improvements, or to grant term or perpetual easements therein or thereover.
(Pub. L. 88–300, §1, Apr. 29, 1964, 78 Stat. 184.)
Editorial Notes
Codification
Section is comprised of part of section 1 of Pub. L. 88–300. Remainder of section 1 is set out as a Short Title note below.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 88–300, §1, Apr. 29, 1964, 78 Stat. 184, provided in part: "That this Act [enacting this section and sections 277d–18 to 277d–25 of this title] may be cited as the 'American-Mexican Chamizal Convention Act of 1964'."
§277d–18. Construction, operation, and maintenance of works; Bridge of the Americas
(a) In general
The United States Commissioner is authorized to construct, operate, and maintain all works provided for in said convention and sections 277d–17 to 277d–25 of this title, and to turn over the operation and maintenance of any such works to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such project or works may be in whole or in part situated, upon such terms, conditions, and requirements as the Commissioner may deem appropriate.
(b) Bridge of the Americas
The United States Commissioner is authorized to receive payments of money from public or private sources in the United States or Mexico made for the purpose of sharing in the cost of operations, maintenance, and replacement of the Bridge of the Americas which crosses the Rio Grande between El Paso, Texas, and Cd. Juarez, Chihuahua. Notwithstanding any other provision of law, such payments of money shall be credited to any appropriation to the Commission which is currently available. Funds received under this subsection shall be available only for the replacement of such bridge.
(c) Advance appropriations
The authority of subsection (b) may be exercised only to the extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 88–300, §2, Apr. 29, 1964, 78 Stat. 184; Pub. L. 103–236, title IV, §423(a), Apr. 30, 1994, 108 Stat. 457; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §703], Nov. 29, 1999, 113 Stat. 1536, 1501A-460.)
Editorial Notes
Amendments
1999—Subsec. (b). Pub. L. 106–113 inserted "operations, maintenance, and" after "cost of".
1994—Pub. L. 103–236 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
§277d–19. Compensation of owners and tenants to prevent economic injury; regulations
The United States Commissioner, under regulations approved by the Secretary of State, and upon application of the owners and tenants of lands to be acquired by the United States to fulfill and accomplish the purposes of said convention, and to the extent administratively determined by the Commissioner to be fair and reasonable, is authorized to—
a. Reimburse the owners and tenants for expenses and other losses and damages incurred by them in the process and as a direct result of such moving of themselves, their families, and their possessions as is occasioned by said acquisition: Provided, That the total of such reimbursement to the owners and tenants of any parcel of land shall in no event exceed 25 per centum of its fair value, as determined by the Commissioner. No payment under this subsection shall be made unless application therefor is supported by an itemized and certified statement of the expenses, losses, and damages incurred.
b. Compensate the said owners and tenants for identifiable, reasonable, and satisfactorily proved costs and losses to owners and tenants over and above those reimbursed under the foregoing subsection in the categories hereinafter provided, and for which purpose there shall be established by the Commissioner a board of examiners, consisting of such personnel employed and compensation fixed as he deems advisable, without regard to the provisions of the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5. Said board may hold hearings and shall examine submitted evidence and make determinations, subject to the Commissioner's approval, regarding all claims in said categories as follows:
(1) For properties—
(a) For nonconforming abodes and minimum forms of shelter for which there are no comparable properties on the market in the city of El Paso and concerning which fair market value would be inadequate to find minimum housing of equal utility, compensation to the owner up to an amount which when added to the market value allowed for his property, including land values, would enable purchase of minimum habitable housing of similar utility in another residential section of said city.
(b) For commercial properties for which there are no comparable properties on the market in or near El Paso, Texas, compensation to the owner up to an amount which, when added to the total fair market value, including the land value, would compensate the owner for the "value in use" of the real estate to him. Such "value in use" is to be determined on the basis of replacement cost less deterioration and obsolescence in existing real estate and taking into consideration factors bearing upon income attributable to the real estate.
(2) For loss in business:
(a) Loss of profits directly resulting from relocation, limited to the period between termination of business in the old location and commencement of business in the new, such period not to exceed thirty days.
(b) Loss to owner resulting from inability to rent to others housing or commercial space that can be reasonably related to uncertainties arising out of the pending acquisition of the owner's property by the United States, such losses limited to those incurred after July 18, 1963, and prior to the making by the United States of a firm offer to purchase.
(3) For penalty costs to property owners for prepayment of mortgages incident to acquisition of the properties by the United States.
(Pub. L. 88–300, §3, Apr. 29, 1964, 78 Stat. 184.)
Editorial Notes
Codification
In par. b., "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act of 1949, as amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
§277d–20. Limitation on application for reimbursement or compensation
Application for reimbursement or compensation under section 277d–19 of this title shall be submitted to the Commissioner within either one year from the date of acquisition or the date of vacating the premises by the applicant, whichever date is later. Applications not submitted within said period shall be forever barred.
(Pub. L. 88–300, §4, Apr. 29, 1964, 78 Stat. 185.)
§277d–21. Attorneys' fees; penalties
The Commissioner, in rendering an award in favor of any claimant under section 277d–19 of this title, may, as part of such award, determine and allow reasonable attorneys' fees which shall not exceed 10 per centum of the amount awarded, to be paid out of but not in addition to the amount of award, to the attorneys representing the claimant. Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed by the terms of this section, if award be made, shall be fined not more than $2,000 or imprisoned not more than one year, or both.
(Pub. L. 88–300, §5, Apr. 29, 1964, 78 Stat. 185.)
§277d–22. Prohibition against duplicate payments; eligibility for payments unaffected by means employed for acquisition of property; rights and powers unaffected
Payments to be made as herein provided shall be in addition to, but not in duplication of, any payments that may otherwise be authorized by law. The means employed to acquire the property, whether by condemnation or otherwise, shall not affect eligibility for reimbursement or compensation under sections 277d–17 to 277d–25 of this title. Nothing contained in such sections shall be construed as creating any legal right or cause of action against the United States or as precluding the exercise by the Government of the right of eminent domain or any other right or power that it may have under such sections or any other law; nor shall such sections be construed as precluding an owner or tenant from asserting any rights he may have under other laws or the Constitution of the United States.
(Pub. L. 88–300, §6, Apr. 29, 1964, 78 Stat. 186.)
§277d–23. Taxation; exclusion from gross income
No amount received as an award under subsection a. and subsections b. (1) and (3) of section 277d–19 of this title shall be included in gross income for purposes of chapter 1 of title 26. However, amounts received under subsection b. (1) shall be included in gross income to the extent that such amounts are not used within one year of the receipt thereof to purchase replacement housing or facilities.
(Pub. L. 88–300, §7, Apr. 29, 1964, 78 Stat. 186; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)
Editorial Notes
Amendments
1986—Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.
§277d–24. Definitions; exemption from administrative procedure provisions
As used in sections 277d–17 to 277d–25 of this title, the term "land" shall include interests in land, and the term "fair value" shall mean fair value of the interest acquired. The provisions of such sections shall be exempt from the operations of subchapter II of chapter 5, and chapter 7, of title 5.
(Pub. L. 88–300, §8, Apr. 29, 1964, 78 Stat. 186.)
Editorial Notes
Codification
"Subchapter II of chapter 5, and chapter 7, of title 5" substituted in text for "the Administrative Procedure Act of June 11, 1946 (60 Stat. 237), as amended (5 U.S.C. 1001–1011)" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
§277d–25. Authorization of appropriations
There are authorized to be appropriated to the Department of State for the use of the United States section of said Commission not to exceed $44,900,000 to carry out the provisions of said convention and sections 277d–17 to 277d–25 of this title and for transfer to other Federal agencies to accomplish by them or other proper agency relocation of their facilities necessitated by the project. Of the appropriations authorized by this section, not to exceed $4,200,000 may be used to carry out the provisions of section 277d–19 of this title. The provisions of section 277d–3 of this title are hereby expressly extended to apply to the carrying out of the provisions of said convention and sections 277d–17 to 277d–25 of this title.
(Pub. L. 88–300, §9, Apr. 29, 1964, 78 Stat. 186.)
§277d–26. Lower Colorado River emergency flood control works; agreements with Mexico for joint construction, operation and maintenance
The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to conclude, with the appropriate official or officials of the Government of Mexico, agreements for emergency flood control measures of international character in the reaches of the lower Colorado River between Imperial Dam and the Gulf of California, in both the United States and Mexico, such agreements to provide: (a) for the joint clearing and maintaining free of trees and brush the bed and banks of the channel; for removing sediment deposits from the river channel; and (b) for corrective actions to guard against sedimentation and consequent aggradation of the river channel incident to desilting operations at diversion dams in the two countries: Provided, That, prior approval of the Secretary of the Interior is required of any proposed agreement with Mexico under clause (b) of this section which would involve construction and/or operation of works on the Colorado River in the United States under the jurisdiction of the Secretary. The measures contemplated herein are for the purpose of controlling floods on the lower Colorado River in accordance with article 13 of the 1944 Water Treaty with Mexico, and accomplishment thereof by the International Boundary and Water Commission, United States Section, would be in accord with the Memorandum of Understanding "as to Functions and Jurisdiction of Agencies of the United States in Relation to the Colorado and Tijuana Rivers and the Rio Grande Below Fort Quitman, Texas, Under Water Treaty Signed at Washington, February 3, 1944," between the Department of State and the United States Section, International Boundary and Water Commission and the Department of the Interior dated February 14, 1945.
(Pub. L. 88–411, §1, Aug. 10, 1964, 78 Stat. 386.)
§277d–27. Execution of agreements
The United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to carry out those measures agreed upon for execution by the United States in the agreements concluded pursuant to section 277d–26 of this title.
(Pub. L. 88–411, §2, Aug. 10, 1964, 78 Stat. 386.)
§277d–28. Authorization of appropriations
There is authorized to be appropriated to the Department of State for use of the United States Section, International Boundary and Water Commission, United States and Mexico, not in excess of $300,000 for the initial cost of the work authorized in sections 277d–26 to 277d–28 of this title, and not to exceed $30,000 based on December 1975 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein, annually thereafter for necessary maintenance.
(Pub. L. 88–411, §3, Aug. 10, 1964, 78 Stat. 386; Pub. L. 93–126, §7(b), Oct. 18, 1973, 87 Stat. 452; Pub. L. 95–105, title V, §514(b), Aug. 17, 1977, 91 Stat. 862.)
Editorial Notes
Amendments
1977—Pub. L. 95–105 inserted "based on December 1975 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein," after "$30,000".
1973—Pub. L. 93–126 substituted "$30,000" for "$20,000".
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–105 effective Oct. 1, 1977, see section 514(d) of Pub. L. 95–105, set out as a note under section 277d–3 of this title.
§277d–29. Rio Grande canalization project; flood and sediment control; agreements authorized; control gates; costs; authorization of appropriations
For the purposes of facilitating and implementing operation and maintenance of the international Rio Grande canalization project, the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to enter into agreements with the appropriate official or officials of local organizations, as defined in the Watershed Protection and Flood Prevention Act of August 4, 1954, as amended [16 U.S.C. 1001 et seq.], for the maintenance by said local organizations either directly or indirectly through mutually satisfactory maintenance agreements with others, including the United States, of all those flood and arroyo sediment control dams, together with all related works, hereafter installed or constructed in the Rio Grande watershed between Caballo Dam and El Paso, Texas, in accordance with said Act, and which are necessary, in the opinion of Said Commissioner, to facilitate and implement the operation and maintenance of said project.
Such maintenance agreements between the local organization and the United States shall provide the extent of contribution by the United States as may be mutually agreed by the two parties, based on the degree of benefits to be derived from said dams and related works, and the contribution by the United States may be either in the form of funds or performance of the actual operation and maintenance.
Control gates shall not be installed on any of the dams which, in the opinion of the United States Commissioner, International Boundary and Water Commission, United States and Mexico, are necessary to facilitate and implement the operation and maintenance of the Rio Grande canalization project.
Arrangements made between the United States and the local organizations shall be satisfactory to the Secretary of Agriculture for defraying cost of maintaining such work of improvement in accordance with regulations prescribed by said Secretary.
There is hereby authorized to be appropriated not in excess of $50,000 per annum for contributions to maintenance authorized by this section.
(Pub. L. 88–600, Sept. 18, 1964, 78 Stat. 956; Pub. L. 93–126, §7(c), Oct. 18, 1973, 87 Stat. 452.)
Editorial Notes
References in Text
The Watershed Protection and Flood Prevention Act of August 4, 1954, as amended, referred to in text, is act Aug. 4, 1954, ch. 656, 68 Stat. 666, which is classified principally to chapter 18 (§1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables.
Amendments
1973—Pub. L. 93–126 substituted "$50,000" for "$23,000".
§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
The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized, notwithstanding any other provision of law and subject to the conditions provided in this section and section 277d–31 of this title to conclude an agreement or agreements with the appropriate official or officials of the Government of the United Mexican States for the construction, operation, and maintenance by the United Mexican States under the supervision of the International Boundary and Water Commission, United States and Mexico, of a drainage conveyance canal through Mexican territory for the discharge of waters of El Morillo and other drains in the United Mexican States into the Gulf of Mexico in the manner, and having substantially the characteristics, described in said Commission's minute numbered 223, dated November 30, 1965. The agreement or agreements shall provide that the cost of construction including costs of design and right-of-way and the costs of operation and maintenance, shall be equally divided between the United Mexican States and the United States. Before concluding the agreement or agreements, the Secretary of State shall receive satisfactory assurances from private citizens or a responsible local group that they or it will pay to the United States Treasury one-half of the actual United States costs of such construction, including costs of design and right-of-way, and one-half of the actual costs of operation and maintenance allocated under such agreement or agreements to the United States. Payments to the United States Treasury under this section shall be covered into the Treasury as miscellaneous receipts.
(Pub. L. 89–584, §1, Sept. 19, 1966, 80 Stat. 808.)
§277d–31. Authorization of appropriations
To defray costs that accrue to the United States under the agreement or agreements referred to in section 277d–30 of this title for the construction, operation, and maintenance of drainage conveyance canal projects, there are authorized to be appropriated to the Department of State for use of the United States Section, International Boundary and Water Commission, United States and Mexico, the following amounts:
(1) Not to exceed $690,000 for costs of construction.
(2) Upon completion of construction, not to exceed $25,000 based on estimated calendar year 1976 costs, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein, annually for costs of operation and maintenance.
(Pub. L. 89–584, §2, Sept. 19, 1966, 80 Stat. 808; Pub. L. 93–126, §7(a), Oct. 18, 1973, 87 Stat. 452; Pub. L. 95–105, title V, §514(a), Aug. 17, 1977, 91 Stat. 862.)
Editorial Notes
Amendments
1977—Par. (2). Pub. L. 95–105 inserted "based on estimated calendar year 1976 costs, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein," after "$25,000".
1973—Par. (2). Pub. L. 93–126 substituted "$25,000" for "$20,000".
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–105 effective Oct. 1, 1977, see section 514(d) of Pub. L. 95–105, set out as a note under section 277d–3 of this title.
§277d–32. Tijuana River flood control project; agreement with Mexico for joint construction, operation and maintenance
The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is hereby authorized to conclude with the appropriate official or officials of the Government of Mexico an agreement for the joint construction, operation, and maintenance by the United States and Mexico, in accordance with the provisions of the treaty of February 3, 1944, with Mexico, of an international flood control project for the Tijuana River, which shall be located and have substantially the characteristics described in "Report on an International Flood Control Project, Tijuana River Basin", prepared by the United States Section, International Boundary and Water Commission, United States and Mexico.
(Pub. L. 89–640, §1, Oct. 10, 1966, 80 Stat. 884.)
§277d–33. Authorization; construction, operation, and maintenance, appropriations, and acquisition of land
Pursuant to the agreement concluded under the authority of section 277d–32 of this title, the United States Commissioner is authorized to construct, operate, and maintain the portion of the "International Flood Control Project, Tijuana River Basin," assigned to the United States, and there is hereby authorized to be appropriated to the Department of State for use of the United States section the sum of $10,800,000 for construction costs of such project, as modified, based on estimated June 1976 prices, plus or minus such amounts as may be justified by reason of price index fluctuations in costs involved therein, and such sums as may be necessary for its maintenance and operation, except that no funds may be appropriated under sections 277d–32 and 277d–33 of this title for the fiscal year ending on September 30, 1977. Contingent upon the furnishing by the city of San Diego of its appropriate share of the funds for the acquisition of the land and interests therein needed to carry out the agreement between the United States and Mexico to construct such project, the Secretary of State, acting through the United States Commissioner, is further authorized to participate financially with non-Federal interests in the acquisition of said lands and interest therein, to the extent that funds provided by the city of San Diego are insufficient for this purpose.
(Pub. L. 89–640, §2, Oct. 10, 1966, 80 Stat. 884; Pub. L. 94–425, Sept. 28, 1976, 90 Stat. 1333.)
Editorial Notes
Amendments
1976—Pub. L. 94–425 substituted provisions authorizing appropriations of $10,800,000 for construction costs for project based on June 1976 prices, with exception that no funds may be appropriated for fiscal year ending Sept. 30, 1977 for provisions authorizing appropriations not to exceed $12,600,000 for construction costs for project, eliminated provision requiring approval of title by Attorney General, and inserted provision authorizing financial participation of Secretary of State through Commissioner to acquire land for construction of project contingent upon city of San Diego furnishing its appropriate share of funds.
§277d–34. American-Mexican Boundary Treaty, authorization for carrying out treaty provisions; investigations; land acquisition, purposes; damages, repair or compensation
In connection with the treaty between the United States of America and the United Mexican States to resolve pending boundary differences and maintain the Rio Grande and the Colorado River as the international boundary between the United States of America and the United Mexican States, signed November 23, 1970, (hereafter in this Act referred to as the "treaty"), the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States, and Mexico (hereafter in this Act referred to as the "Commissioner"), is authorized—
(1) to conduct technical and other investigations relating to—
(A) the demarcation, mapping, monumentation, channel relocation, rectification, improvement, stabilization, and other matters relating to the preservation of the river boundaries between the United States and Mexico;
(B) the establishment and delimitation of the maritime boundaries in the Gulf of Mexico and in the Pacific Ocean;
(C) water resources; and
(D) the sanitation and the prevention of pollution;
(2) to acquire by donation, purchase, or condemnation, all lands or interests in lands required—
(A) for transfer to Mexico as provided in the treaty;
(B) for construction of that portion of new river channels and the adjoining levees in the territory of the United States;
(C) to preserve the Rio Grande and the Colorado River as the boundary by preventing the construction of works which may cause deflection or obstruction of the normal flow of the rivers or of their floodflows; and
(D) for relocation of any structure or facility, public or private, the relocation of which, in the judgment of the Commissioner, is necessitated by the project; and
(3) to remove, modify, or repair the damages caused to Mexico by works constructed in the United States which the International Boundary and Water Commission, United States and Mexico, as determined have an adverse effect on Mexico, or to compensate Mexico for such damages.
(Pub. L. 92–549, title I, §101, Oct. 25, 1972, 86 Stat. 1161.)
Editorial Notes
References in Text
This Act, referred to in text, means Pub. L. 92–549, Oct. 25, 1972, 86 Stat. 1161, which enacted sections 277d–34 to 277d–42 of this title and amended section 1322 of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 92–549, §1, Oct. 25, 1972, 86 Stat. 1161, provided: "That this Act [enacting this section and sections 277d–35 to 277d–42 of this title and amending section 1322 of Title 19, Customs Duties] may be cited as the 'American-Mexican Boundary Treaty Act of 1972'."
§277d–35. Construction, operation, and maintenance of works; property relocation, contracts; transfer of authority
The Commissioner is authorized—
(1) to construct, operate, and maintain all works provided for in the treaty and title I of this Act;
(2) to enter into contracts with the owners of properties to be relocated whereby such owners undertake to perform, at the expense of the United States, any or all operations involved in such relocations; and
(3) to turn over the operation and maintenance of any works referred to in paragraph (1) of this section to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such works may be situated, in whole or in part, upon such terms, conditions, and requirements as the Commissioner may deem appropriate.
(Pub. L. 92–549, title I, §102, Oct. 25, 1972, 86 Stat. 1161.)
Editorial Notes
References in Text
This Act, referred to in text, is Pub. L. 92–549, Oct. 25, 1972, 86 Stat. 1161, known as the "American-Mexican Boundary Treaty Act of 1972". Title I of this Act enacted sections 277d–34 to 277d–40 of this title and amended section 1322 of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 277d–34 of this title and Tables.
§277d–36. Sale of excess land
Notwithstanding any other provision of law, the Commissioner is authorized to dispose of by warranty deed, or otherwise, any land acquired by him on behalf of the United States, or obtained by the United States pursuant to treaty between the United States and Mexico, and not required for project purposes, under procedures to be formulated by the Commissioner, to adjoining landowners at such price as he considers fair and equitable, and, if not so disposed of, to turn such land over to the General Services Administration for disposal under the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(Pub. L. 92–549, title I, §103, Oct. 25, 1972, 86 Stat. 1162.)
Editorial Notes
Codification
In text, "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
§277d–37. Channel shifts; boundary determination
When a determination must be made under the treaty whether to permit a new channel to become the boundary, or whether or not to restore a river to its former channel, or whether, instead of restoration, the Governments should undertake a rectification of the river channel, the Commissioner's decision, approved by the Secretary of State shall be final so far as the United States is concerned, and the Commissioner is authorized to construct or arrange for the construction of such works as may be required to give effect to that decision.
(Pub. L. 92–549, title I, §104, Oct. 25, 1972, 86 Stat. 1162.)
§277d–38. Acquired land, addition to State; State jurisdiction
Land acquired or to be acquired by the United States of America in accordance with the provisions of the treaty, including the tract provided for in section 277d–39 of this title, shall become a geographical part of the State to which it attaches and shall be under the civil and criminal jurisdiction of such State, without affecting the ownership of such land. The addition of land and the ceding of jurisdiction to a State shall take effect upon acceptance by such State.
(Pub. L. 92–549, title I, §105, Oct. 25, 1972, 86 Stat. 1162.)
§277d–39. Hidalgo-Reynosa lands; administration; part of national wildlife refuge system
Upon transfer of sovereignty from Mexico to the United States of the 481.68 acres of land acquired by the United States from Mexico near Hidalgo-Reynosa, administration over the portion of that land which is determined by the Commissioner not to be required for the construction and maintenance of the relocated river channel shall be assumed by the Department of the Interior; and the Department of the Interior, United States Fish and Wildlife Service, is authorized to plan, establish, develop, and administer such portion of the acquired lands as a part of the national wildlife refuge system.
(Pub. L. 92–549, title I, §106, Oct. 25, 1972, 86 Stat. 1162; Pub. L. 93–271, §1(3), Apr. 22, 1974, 88 Stat. 92.)
Statutory Notes and Related Subsidiaries
Change of Name
"United States Fish and Wildlife Service" substituted in text for "Fish and Wildlife Service, Bureau of Sport Fisheries and Wildlife" pursuant to section 1(3) of Pub. L. 93–271, see section 742b of Title 16, Conservation.
§277d–40. Authorization of appropriations
There is authorized to be appropriated to the Department of State for the use of the United States section of the International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to carry out the provisions of the treaty and title I of this Act.
(Pub. L. 92–549, title I, §108, Oct. 25, 1972, 86 Stat. 1162.)
Editorial Notes
References in Text
This Act, referred to in text, is Pub. L. 92–549, Oct. 25, 1972, 86 Stat. 1161, known as the "American-Mexican Boundary Treaty Act of 1972". Title I of this Act enacted sections 277d–34 to 277d–40 of this title and amended section 1322 of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 277d–34 of this title and Tables.
§277d–41. American-Mexican Boundary Treaty, Presidio flood control project; authorization of flood control agreement
The Secretary of State, acting through the Commissioner, is hereby authorized to conclude with the appropriate official or officials of the Government of Mexico an agreement for a coordinated plan by the United States and Mexico for international flood control works for protection of lands along the international section of the Rio Grande in the United States and in Mexico in the Presidio-Ojinaga Valley.
(Pub. L. 92–549, title II, §201, Oct. 25, 1972, 86 Stat. 1163.)
§277d–42. Construction, operation, and maintenance of flood control works; authorization of appropriations; restrictions
If an agreement is concluded pursuant to section 277d–41 of this title, the Commissioner is authorized to construct, operate, and maintain flood control works located in the United States having substantially the characteristics described in "Report on the Flood Control Project Rio Grande, Presidio Valley, Texas", prepared by the United States section, International Boundary and Water Commission, United States and Mexico; and there are hereby authorized to be appropriated to the Department of State for the use of the United States section of the Commission such sums as may be necessary to carry out the provisions of title II of this Act. No part of any appropriation under this section shall be expended for flood control works on any land, site, or easement unless such land, site, or easement has been acquired under the treaty for other purposes or by donation and, in the case of a donation, the title thereto has been approved in accordance with existing rules and regulations of the Attorney General of the United States.
(Pub. L. 92–549, title II, §202, Oct. 25, 1972, 86 Stat. 1163.)
Editorial Notes
References in Text
This Act, referred to in text, is Pub. L. 92–549, Oct. 25, 1972, 86 Stat. 1161, known as the "American-Mexican Boundary Treaty Act of 1972". Title II of this Act enacted sections 277d–41 and 277d–42 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 277d–34 of this title and Tables.
§277d–43. Definitions
In sections 277d–43 to 277d–46 of this title, the following definitions apply:
(1) Administrator
The term "Administrator" means the Administrator of the Environmental Protection Agency.
(2) Commission
The term "Commission" means the United States section of the International Boundary and Water Commission, United States and Mexico.
(3) IWTP
The term "IWTP" means the South Bay International Wastewater Treatment Plant constructed under the provisions of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), section 510 of the Water Quality Act of 1987 (101 Stat. 80–82), and Treaty Minutes to the Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, dated February 3, 1944.
(4) Secondary treatment
The term "secondary treatment" has the meaning such term has under the Federal Water Pollution Control Act and its implementing regulations.
(5) Secretary
The term "Secretary" means the Secretary of State.
(6) Mexican facility
The term "Mexican facility" means a proposed public-private wastewater treatment facility to be constructed and operated under sections 277d–43 to 277d–46 of this title within Mexico for the purpose of treating sewage flows generated within Mexico, which flows impact the surface waters, health, and safety of the United States and Mexico.
(7) Mgd
The term "mgd" means million gallons per day.
(Pub. L. 106–457, title VIII, §803, Nov. 7, 2000, 114 Stat. 1977.)
Editorial Notes
References in Text
The Federal Water Pollution Control Act, referred to in pars. (3) and (4), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
Section 510 of the Water Quality Act of 1987, referred to in par. (3), is section 510 of Pub. L. 100–4, title V, Feb. 4, 1987, 101 Stat. 80, which is not classified to the Code.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 106–457, title VIII, §801, Nov. 7, 2000, 114 Stat. 1977, provided that: "This title [enacting this section and sections 277d–44 to 277d–46 of this title] may be cited as the 'Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000'."
Purpose
Pub. L. 106–457, title VIII, §802, Nov. 7, 2000, 114 Stat. 1977, provided that: "The purpose of this title [see Short Title note above] is to authorize the United States to take actions to address comprehensively the treatment of sewage emanating from the Tijuana River area, Mexico, that flows untreated or partially treated into the United States causing significant adverse public health and environmental impacts."
§277d–44. Actions to be taken by the Commission and the Administrator
(a) Secondary treatment
(1) In general
Pursuant to Treaty Minute 311 to the Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, dated February 3, 1944, and notwithstanding section 510(b)(2) of the Water Quality Act of 1987 (101 Stat. 81), the Commission is authorized and directed to provide for the secondary treatment of a total of not more than 50 mgd in Mexico—
(A) of effluent from the IWTP if such treatment is not provided for at a facility in the United States; and
(B) of additional sewage emanating from the Tijuana River area, Mexico.
(2) Additional authority
Subject to the results of the comprehensive plan developed under subsection (b) revealing a need for additional secondary treatment capacity in the San Diego-Tijuana border region and recommending the provision of such capacity in Mexico, the Commission may provide not more than an additional 25 mgd of secondary treatment capacity in Mexico for treatment described in paragraph (1).
(b) Comprehensive plan
Not later than 24 months after November 7, 2000, the Administrator shall develop a comprehensive plan with stakeholder involvement to address the transborder sanitation problems in the San Diego-Tijuana border region. The plan shall include, at a minimum—
(1) an analysis of the long-term secondary treatment needs of the region;
(2) an analysis of upgrades in the sewage collection system serving the Tijuana area, Mexico; and
(3) an identification of options, and recommendations for preferred options, for additional sewage treatment capacity for future flows emanating from the Tijuana River area, Mexico.
(c) Contract
(1) In general
Notwithstanding any provision of Federal procurement law, the Commission may enter into a multiyear fee-for-services contract with the owner of a Mexican facility in order to carry out the secondary treatment requirements of subsection (a) and make payments under such contract, subject to the availability of appropriations and subject to the terms of paragraph (2).
(2) Terms
Any contract under this subsection shall provide, at a minimum, for the following:
(A) Transportation of the advanced primary effluent from the IWTP to the Mexican facility for secondary treatment.
(B) Treatment of the advanced primary effluent from the IWTP to the secondary treatment level in compliance with water quality laws of the United States, California, and Mexico.
(C) Return conveyance from the Mexican facility of any such treated effluent that cannot be reused in either Mexico or the United States to the South Bay Ocean Outfall for discharge into the Pacific Ocean in compliance with water quality laws of the United States and California.
(D) Subject to the requirements of subsection (a), additional sewage treatment capacity that provides for advanced primary and secondary treatment of sewage described in subsection (a)(1)(B) in addition to the capacity required to treat the advanced primary effluent from the IWTP.
(E) A contract term of 20 years.
(F) Arrangements for monitoring, verification, and enforcement of compliance with United States, California, and Mexican water quality standards.
(G) Arrangements for the disposal and use of sludge, produced from the IWTP and the Mexican facility, at a location or locations in Mexico.
(H) Maintenance by the owner of the Mexican facility at all times throughout the term of the contract of a 20 percent equity position in the capital structure of the Mexican facility.
(I) Payment of fees by the Commission to the owner of the Mexican facility for sewage treatment services with the annual amount payable to reflect all agreed upon costs associated with the development, financing, construction, operation, and maintenance of the Mexican facility, including costs associated with the purchase of any insurance or other financial instrument under subparagraph (K). Costs associated with the purchase of such insurance or other financial instrument may be amortized over the term of the contract.
(J) Neither the Commission nor the United States Government shall be liable for payment of any cancellation fees if the Commission cancels the contract.
(K) The owner of the Mexican facility may purchase insurance or other financial instrument to cover the risk of cancellation of the contract by the Commission. Any such insurance or other financial instrument shall not be provided or guaranteed by the United States Government, and the Government may reserve the right to validate independently the reasonableness of the premium when negotiating the annual service fee with the owner.
(L) Transfer of ownership of the Mexican facility to an appropriate governmental entity, other than the United States, if the Commission cancels the contract.
(M) Transfer of ownership of the Mexican facility to an appropriate governmental entity, other than the United States, if the owner of the Mexican facility fails to perform under the contract.
(N) The use of competitive procedures under applicable law, consistent with division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, by the owner of the Mexican facility in the procurement of property or services for the engineering, construction, and operation and maintenance of the Mexican facility.
(O) An opportunity for the Commission to review and approve the selection of contractors providing engineering, construction, and operation and maintenance for the Mexican facility.
(P) The maintenance by the owner of the Mexican facility of all records (including books, documents, papers, reports, and other materials) necessary to demonstrate compliance with the terms of this section and the contract.
(Q) Access by the Inspector General of the Department of State or the designee of the Inspector General for audit and examination of all records maintained pursuant to subparagraph (N) 1 to facilitate the monitoring and evaluation required under subsection (d).
(R) Offsets or credits against the payments to be made by the Commission under this section to reflect an agreed upon percentage of payments that the owner of the Mexican facility receives through the sale of water treated by the facility.
(d) Implementation
(1) In general
The Inspector General of the Department of State shall monitor the implementation of any contract entered into under this section and evaluate the extent to which the owner of the Mexican facility has met the terms of this section and fulfilled the terms of the contract.
(2) Report
The Inspector General shall transmit to Congress a report containing the evaluation under paragraph (1) not later than 2 years after the execution of any contract with the owner of the Mexican facility under this section, 3 years thereafter, and periodically after the second report under this paragraph.
(Pub. L. 106–457, title VIII, §804, Nov. 7, 2000, 114 Stat. 1978; Pub. L. 108–425, §1, Nov. 30, 2004, 118 Stat. 2420.)
Editorial Notes
References in Text
Section 510(b)(2) of the Water Quality Act of 1987, referred to in subsec. (a)(1), is section 510(b)(2) of Pub. L. 100–4, title V, Feb. 4, 1987, 101 Stat. 81, which is not classified to the Code.
Subparagraph (N) of subsec. (c)(2) of this section, referred to in subsec. (c)(2)(Q), was redesignated as subparagraph (P) by Pub. L. 108–425, §1(b)(3), Nov. 30, 2004, 118 Stat. 2420.
Codification
In subsec. (c)(2)(N), "division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
2004—Subsec. (a)(1). Pub. L. 108–425, §1(a), substituted "Pursuant to Treaty Minute 311 to the Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, dated February 3, 1944," for "Subject to the negotiation and conclusion of a new Treaty Minute or the amendment of Treaty Minute 283 under section 1005 of this Act,".
Subsec. (c)(1). Pub. L. 108–425, §1(b)(1), added par. (1) and struck out former par. (1) which read as follows: "Subject to the availability of appropriations to carry out this subsection and notwithstanding any provision of Federal procurement law, upon conclusion of a new Treaty Minute or the amendment of Treaty Minute 283 under section 5, the Commission may enter into a fee-for-services contract with the owner of a Mexican facility in order to carry out the secondary treatment requirements of subsection (a) of this section and make payments under such contract."
Subsec. (c)(2)(I). Pub. L. 108–425, §1(b)(2), substituted ", including costs associated with the purchase of any insurance or other financial instrument under subparagraph (K). Costs associated with the purchase of such insurance or other financial instrument may be amortized over the term of the contract." for ", with such annual payment to maintain the owner's 20 percent equity position throughout the term of the contract."
Subsec. (c)(2)(J), (K). Pub. L. 108–425, §1(b)(3), added subpars. (J) and (K). Former subpars. (J) and (K) redesignated (L) and (M), respectively.
Subsec. (c)(2)(L), (M). Pub. L. 108–425, §1(b)(4), added subpars. (L) and (M) and struck out former subpars. (L) and (M) which read as follows:
"(L) Provision for the transfer of ownership of the Mexican facility to the United States, and provision for a cancellation fee by the United States to the owner of the Mexican facility, if the Commission fails to perform its obligations under the contract. The cancellation fee shall be in amounts declining over the term of the contract anticipated to be sufficient to repay construction debt and other amounts due to the owner that remain unamortized due to early termination of the contract.
"(M) Provision for the transfer of ownership of the Mexican facility to the United States, without a cancellation fee, if the owner of the Mexican facility fails to perform the obligations of the owner under the contract."
Pub. L. 108–425, §1(b)(3), redesignated subpars. (J) and (K) as (L) and (M), respectively. Former subpars. (L) and (M) redesignated (N) and (O), respectively.
Subsec. (c)(2)(N). Pub. L. 108–425, §1(b)(3), (5), redesignated subpar. (L) as (N) and inserted "under applicable law" after "competitive procedures". Former subpar. (N) redesignated (P).
Subsec. (c)(2)(O) to (R). Pub. L. 108–425, §1(b)(3), redesignated subpars. (M) to (P) as (O) to (R), respectively.
1 See References in Text note below.
§277d–45. New Treaty Minute
(a) Congressional statement
In light of the existing threat to the environment and to public health and safety within the United States as a result of the river and ocean pollution in the San Diego-Tijuana border region, the Secretary is requested to give the highest priority to the negotiation and execution of a new Treaty Minute, or a modification of Treaty Minute 283, consistent with the provisions of sections 277d–43 to 277d–46 of this title, in order that the other provisions of sections 277d–43 to 277d–46 of this title to address such pollution may be implemented as soon as possible.
(b) Negotiation
(1) Initiation
The Secretary is requested to initiate negotiations with Mexico, within 60 days after November 7, 2000, for a new Treaty Minute or a modification of Treaty Minute 283 consistent with the provisions of sections 277d–43 to 277d–46 of this title.
(2) Implementation
Implementation of a new Treaty Minute or of a modification of Treaty Minute 283 under sections 277d–43 to 277d–46 of this title shall be subject to the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3) Matters to be addressed
A new Treaty Minute or a modification of Treaty Minute 283 under paragraph (1) should address, at a minimum, the following:
(A) The siting of treatment facilities in Mexico and in the United States.
(B) Provision for the secondary treatment of effluent from the IWTP at a Mexican facility if such treatment is not provided for at a facility in the United States.
(C) Provision for additional capacity for advanced primary and secondary treatment of additional sewage emanating from the Tijuana River area, Mexico, in addition to the treatment capacity for the advanced primary effluent from the IWTP at the Mexican facility.
(D) Provision for any and all approvals from Mexican authorities necessary to facilitate water quality verification and enforcement at the Mexican facility.
(E) Any terms and conditions considered necessary to allow for use in the United States of treated effluent from the Mexican facility, if there is reclaimed water which is surplus to the needs of users in Mexico and such use is consistent with applicable United States and California law.
(F) Any other terms and conditions considered necessary by the Secretary in order to implement the provisions of sections 277d–43 to 277d–46 of this title.
(c) Implementation
In light of the continuing threat to the environment and to public health and safety within the United States as a result of the river and ocean pollution in the San Diego-Tijuana border region, the Commission is requested to give the highest priority to the implementation of Treaty Minute 311 to the Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, dated February 3, 1944, which establishes a framework for the siting of a treatment facility in Mexico to provide for the secondary treatment of effluent from the IWTP at the Mexican facility, to provide for additional capacity for advanced primary and secondary treatment of additional sewage emanating from the Tijuana River area, Mexico, and to meet the water quality standards of Mexico, the United States, and the State of California consistent with the provisions of sections 277d–43 to 277d–46 of this title, in order that the other provisions of sections 277d–43 to 277d–46 of this title to address such pollution may be implemented as soon as possible.
(Pub. L. 106–457, title VIII, §805, Nov. 7, 2000, 114 Stat. 1980; Pub. L. 108–425, §2, Nov. 30, 2004, 118 Stat. 2421.)
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (b)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
2004—Pub. L. 108–425, §2(1), struck out "Negotiation of" before "New" in section catchline.
Subsec. (c). Pub. L. 108–425, §2(2), added subsec. (c).
§277d–46. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out sections 277d–43 to 277d–46 of this title. Such sums shall remain available until expended.
(Pub. L. 106–457, title VIII, §806, Nov. 7, 2000, 114 Stat. 1981; Pub. L. 108–425, §3, Nov. 30, 2004, 118 Stat. 2421.)
Editorial Notes
Amendments
2004—Pub. L. 108–425 substituted "such sums as may be necessary" for "a total of $156,000,000 for fiscal years 2001 through 2005".
§277e. Disposal of lands; issuance of licenses for use of lands; compensation for injured property
The Secretary of State is authorized to lease any land heretofore or hereafter acquired under any Act, Executive order, or treaty in connection with projects, in whole or in part, constructed or administered by the Secretary of State through the said American Commissioner, or to dispose of such lands when no longer needed, subject to applicable regulations under chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41, by sale at public auction, after thirty days' advertisement, at a price not less than that which may be fixed by three disinterested appraisers, to be designated by the Secretary of State, or by private sale, or otherwise, at not less than such appraised value: Provided, That any of such land as shall have been donated to the United States and which is no longer needed may be reconveyed, without cost, to the grantor or his heirs: Provided, further, That the lease or disposal of any land pursuant hereto may, in the discretion of the Secretary of State, be subject to reservations in favor of the United States for rights-of-way for irrigation, drainage, river work, and other purposes, and any such disposal may be conditioned upon and made subject to inclusion of such lands in any existing irrigation district in the vicinity of such lands, the proceeds of any such lease or sale to be covered into the Treasury of the United States: And provided further, That in the discretion of the Secretary of State, and subject to such conditions as he may deem appropriate, conveyances of any other of such lands not needed by the United States may be made to the State to which they lie adjacent or to any similarly situated county, city, or other governmental subdivision of such State, without cost, for use for public purposes.
The Secretary of State is further authorized to issue revokable licenses for public or private use for irrigation or other structures or uses not inconsistent with the use of such lands made, or to be made, by the United States, across any lands retained by the United States, and to execute all necessary leases, title instruments, and conveyances, in order to carry out the provisions of this section.
Whenever the construction of any project or works undertaken or administered by the Secretary of State through the International Boundary and Water Commission, United States and Mexico, results in the interference with or necessitates the alteration or restoration of constructed and existing irrigation or water-supply structures, sanitary or sewage disposal works, or other structures, or physical property belonging to any municipal or private corporation, company, association, or individual, the Secretary of State may cause the restoration or reconstruction of such works, structures, or physical property or the construction of others in lieu thereof or he may compensate the owners thereof to the extent of the reasonable value thereof as the same may be agreed upon by the American Commissioner with such owner.
The Secretary of State acting through such officers as he may designate, is further authorized to consider, adjust, and pay from funds appropriated for the project, the construction of which resulted in damages, any claim for damages accruing after March 31, 1937, caused to owners of lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the American Commissioner, International Boundary and Water Commission, United States and Mexico, if such claim for damages does not exceed $1,000 and has been filed with the American Commissioner within one year after the damage is alleged to have occurred, and when in the opinion of the American Commissioner such claim is substantiated by a report of a board appointed by the said Commissioner.
(Aug. 27, 1935, ch. 763, 49 Stat. 906; June 19, 1939, ch. 212, 53 Stat. 841; Oct. 31, 1951, ch. 654, §2(15), 65 Stat. 707; Pub. L. 85–201, Aug. 28, 1957, 71 Stat. 475.)
Editorial Notes
Codification
In text, "chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949, as amended" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1957—Pub. L. 85–201 struck out "to citizens of the United States" after "is authorized to lease" and "to American citizens" after "or to dispose of such lands" in first sentence of first paragraph, before first proviso.
1951—Act Oct. 31, 1951, inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended, in text before first proviso of first paragraph.
1939—Act June 19, 1939, inserted last paragraph.
§277f. Valley Gravity Canal and Storage Project
The Secretary of State, with the approval of the President, shall designate the features of the Valley Gravity Canal and Storage Project which he deems international in character, and shall direct such changes in the general project plan as he deems advisable with respect to such features; and the features so designated shall be built, after consultation with the Bureau of Reclamation as to general design, by the American section of the International Boundary Commission, United States and Mexico, and shall be operated and maintained by said Commission insofar as their operation and maintenance in such manner is, in the opinion of the Secretary of State, necessary because of their international character. The construction, operation, and maintenance of such project shall be pursuant to the Federal reclamation laws, except as hereinbefore provided and except that—
(1) In addition to the nonreimbursable allocation to flood control or navigation which may be made by the Secretary of the Interior under section 485h(b) of title 43, the President, after consultation with the Secretary of State and the Secretary of the Interior, shall allocate such part of the total estimated cost of the project as he deems proper to the protection of American interests from drought hazards resulting from the uncontrolled and unregulated flow of the international portion of the Rio Grande below Old Fort Quitman, Texas. Provisions of law applicable with respect to allocations to flood control under section 485h(b) of title 43, shall, insofar as they are not inconsistent with the foregoing provisions, be applicable in like manner with respect to any allocation made under this subparagraph; and
(2) All revenues received by the United States in connection with the construction, operation, and maintenance of such projects shall be covered into the Treasury as miscellaneous receipts.
(June 28, 1941, ch. 259, 55 Stat. 338.)
Statutory Notes and Related Subsidiaries
Change of Name
International Boundary Commission, United States and Mexico, American section, to which powers, duties, and functions of International Water Commission, United States and Mexico, American section, were transferred by act June 30, 1932, ch. 314, pt. II, title V, §510, 47 Stat. 417, reconstituted as International Boundary and Water Commission by Water Treaty of 1944.
§277g. Agreements to correct pollution of Rio Grande
(a) In general
The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico (hereafter in sections 277g to 277g–3 of this title referred to as the "Commissioner"), is authorized to conclude agreements with the appropriate representative of the Ministry of Foreign Relations of Mexico for the purpose of correcting the international problem of pollution of the Rio Grande caused by discharge of raw and inadequately treated sewage and other wastes into such river from the border cities including but not limited to Ciudad Acuna, Nuevo Laredo, and Reynosa, Mexico, and Del Rio, Laredo, and Hidalgo, Texas.
(b) Content of agreements
Agreements concluded under subsection (a) should consist of recommendations to the Governments of the United States and Mexico of measures to protect the health and welfare of persons along the Rio Grande from the effects of pollution, including—
(1) facilities that should be constructed, operated, and maintained in each country;
(2) estimates of the cost of plans, construction, operation, and maintenance of the facilities referred to in paragraph (1);
(3) formulas for the initial division between the United States and Mexico of the cost of plans, constructions, operation, and maintenance of the facilities referred to in paragraph (1);
(4) a method for review and adjustment of the formulas referred to in paragraph (3) at intervals of five years which recognizes that such initial formulas should not be used as a precedent in their subsequent review and adjustment; and
(5) dates for the beginning and completion of construction of the facilities referred to in paragraph (1).
(Pub. L. 100–465, §2, Oct. 3, 1988, 102 Stat. 2272.)
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 100–465, §1, Oct. 3, 1988, 102 Stat. 2272, provided that: "This Act [enacting this section and sections 277g–1 to 277g–3 of this title] may be cited as the 'Rio Grande Pollution Correction Act of 1987'."
§277g–1. Authority of Secretary of State to plan, construct, operate, and maintain facilities
The Secretary of State, acting through the Commissioner, is authorized to act jointly with the appropriate representative of the Government of Mexico and to—
(1) supervise the planning of, and
(2) supervise construction, operation, and maintenance of,
the facilities recommended in agreements concluded pursuant to section 277g of this title and approved by the Governments of the United States and Mexico.
(Pub. L. 100–465, §3, Oct. 3, 1988, 102 Stat. 2272.)
§277g–2. Consultation with Administrator of Environmental Protection Agency and other authorities
The Secretary of State shall consult with the Administrator of the Environmental Protection Agency and other concerned Federal, State, and local government officials in implementing sections 277g to 277g–3 of this title.
(Pub. L. 100–465, §4, Oct. 3, 1988, 102 Stat. 2273.)
§277g–3. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary for the United States to fund its share of the cost of the plans, construction, operation, and maintenance of the facilities recommended in agreements concluded pursuant to section 277g of this title and approved by the Governments of the United States and Mexico.
(Pub. L. 100–465, §5, Oct. 3, 1988, 102 Stat. 2273.)
§277h. Authority of the International Boundary and Water Commission to assist State and local governments
(a) Authority
The Commissioner of the United States section of the International Boundary and Water Commission may provide technical tests, evaluations, information, surveys, or others 1 similar services to State or local governments upon the request of such State or local government on a reimbursable basis.
(b) Reimbursements
Reimbursements shall be paid in advance of the goods or services ordered and shall be for the estimated or actual cost as determined by the United States section of the International Boundary and Water Commission. Proper adjustment of amounts paid in advance shall be made as determined by the United States section of the International Boundary and Water Commission on the basis of the actual cost of goods or services provided. Reimbursements received by the United States section of the International Boundary and Water Commission for providing services under this section shall be credited to the appropriation from which the cost of providing the services is charged.
(Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §702], Nov. 29, 1999, 113 Stat. 1536, 1501A-459.)
1 So in original. Probably should be "other".
§277i. Report on water sharing
Not later than 120 days after February 7, 2014, and annually thereafter, the Secretary of State shall submit to Congress a report on efforts by Mexico to meet its treaty deliveries of water to the Rio Grande in accordance with the Treaty between the United States and Mexico Respecting Utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande (done at Washington, February 3, 1944).
(Pub. L. 113–79, title XII, §12310, Feb. 7, 2014, 128 Stat. 991.)
§277j. Management of international transboundary water pollution
In fiscal year 2023 and in each fiscal year thereafter—
(a) The Administrator of the Environmental Protection Agency (the "Administrator") may transfer amounts made available under the heading "Environmental Protection Agency—State and Tribal Assistance Grants" in the USMCA Supplemental Appropriations Act, 2019 (title IX of Public Law 116–113) to the International Boundary and Water Commission, United States and Mexico (the "Commission"), by entering into an interagency agreement or by awarding a grant, to support the construction of treatment works (as that term is defined in section 1292(2) of title 33), that will be owned or operated by the Commission: Provided, That the Commission shall, in consultation with the Administrator and subject to the requirements of sections 1372 and 1388 of title 33, use amounts transferred pursuant to this section for general, administrative, or other costs (including construction management) related to the planning, study, design, and construction, of treatment works that, as determined by the Commissioner of the Commission, will—
(1) protect residents in the United States-Mexico border region from water pollution resulting from—
(A) transboundary flows of wastewater, stormwater, or other international transboundary water flows originating in Mexico; and
(B) any inadequacies or breakdowns of treatment works in Mexico; and
(2) provide treatment of the flows and water pollution described in subparagraph (A) in compliance with local, State, and Federal law: Provided, That the Commission may also use amounts transferred pursuant to this section to operate and maintain any new treatment work constructed, which shall be in addition to any amounts otherwise available to the Commission for such purposes.
(b) The Commission is authorized to enter into an agreement with the appropriate official or officials of the United States and Mexican States for the operation and maintenance by the Commission of any new treatment works, pursuant to subsection (a): Provided, That such agreement shall contain a provision relating to the division between the two Governments of the costs of such operation and maintenance, or of the works involved there as may be recommended by said Commission and approved by the Government of Mexico.
(c) Nothing in this section modifies, amends, repeals, or otherwise limits the authority of the Commission under—
(1) the treaty relating to the utilization of the waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and supplementary protocol, signed at Washington February 3, 1944 (59 Stat. 1219), between the United States and Mexico; or
(2) any other applicable treaty.
(d) Funds transferred pursuant to subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations.
(e) Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
(Pub. L. 117–328, div. K, title VII, §7069, Dec. 29, 2022, 136 Stat. 5089.)
Editorial Notes
References in Text
The USMCA Supplemental Appropriations Act, 2019, referred to in subsec. (a), is title IX of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 98, which is not classified to the Code. The heading "Environmental Protection Agency—State and Tribal Assistance Grants" appears at 134 Stat. 100.
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (e), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables.
Section 4001(a)(1) of S. Con. Res. 14 (117th Congress) and section 1(e) of H. Res. 1151 (117th Congress), referred to in subsec. (e), relate to emergency requirements for new budget authority in the Senate and House of Representatives and are not classified to the Code.
SUBCHAPTER V—GORGAS MEMORIAL LABORATORY
§278. Gorgas Memorial Laboratory; location; acceptance of funds from Latin American countries or other sources
There is hereby authorized to be permanently appropriated for each year, out of any money in the Treasury not otherwise appropriated, the sum of not to exceed $2,000,000 to be paid to the Gorgas Memorial Institute of Tropical and Preventive Medicine, Incorporated (hereinafter referred to as the Gorgas Memorial Institute), for the maintenance and operation by its, of a laboratory to be known as the Gorgas Memorial Laboratory, upon condition (1) that the necessary building or quarters for said laboratory shall be constructed within the five years next ensuing after this subchapter shall become a law, either upon the site offered by the Republic of Panama therefor, at, or adjacent to, the city of Panama, or upon a site in the Canal Zone to be provided by the United States; and (2) that the said Gorgas Memorial Institute be, and it is, authorized within its discretion, henceforth to accept from any of the Latin American Governments, or from any other sources, any funds which may be offered or given for the use of the Gorgas Memorial Institute for the maintenance and operation of the Gorgas Memorial Laboratory, and for carrying on the work of said Laboratory wherever deemed by the said Institute to be necessary or desirable.
(May 7, 1928, ch. 505, §1, 45 Stat. 491; July 1, 1948, ch. 787, 62 Stat. 1213; Apr. 19, 1954, ch. 160, 68 Stat. 57; Pub. L. 86–296, §1, Sept. 21, 1959, 73 Stat. 572; Pub. L. 89–181, Sept. 11, 1965, 79 Stat. 679; Pub. L. 93–559, §47, Dec. 30, 1974, 88 Stat. 1816.)
Editorial Notes
References in Text
For definition of Canal Zone, referred to in text, see section 3602(b) of this title.
Amendments
1974—Pub. L. 93–559 substituted "$2,000,000" for "$500,000".
1965—Pub. L. 89–181 substituted "not to exceed $500,000" for "$250,000".
1959—Pub. L. 86–296 substituted "$250,000" for "$150,000".
1954—Act Apr. 19, 1954, provided that donations for maintenance of the Laboratory may be accepted from Latin American countries and from other sources, in lieu of provisions which required that such countries be invited to contribute, and struck out provisions that such countries be represented on the board or council directing the administration of such Laboratory in proportion to the amount of their contributions.
1948—Act July 1, 1948, substituted "$150,000" for "$50,000".
Statutory Notes and Related Subsidiaries
Effective Date of 1965 Amendment
Pub. L. 89–181 provided that the amendment made by Pub. L. 89–181 is effective for fiscal years ending after June 30, 1963.
Effective Date of 1959 Amendment
Pub. L. 86–296, §1, Sept. 21, 1959, 73 Stat. 572, provided that the amendment made by that section is effective for fiscal years ending after June 30, 1960.
Additional Appropriation for the Fiscal Year Ending June 30, 1970
Pub. L. 90–574, title V, §505, Oct. 15, 1968, 82 Stat. 1013, provided that the annual appropriation for the maintenance and operation of the Gorgas Memorial Laboratory for the fiscal year ending June 30, 1970 would be increased by $500,000.
Annual Appropriations
An annual appropriation was contained in the following appropriation acts:
Aug. 5, 1953, ch. 328, title I, 67 Stat. 368.
July 10, 1952, ch. 651, title I, 66 Stat. 550.
Oct. 22, 1951, ch. 533, title I, 65 Stat. 577.
Sept. 6, 1950, ch. 896, ch. III, title I, 64 Stat. 610.
July 20, 1949, ch. 354, title I, 63 Stat. 449.
June 3, 1948, ch. 400, title I, 62 Stat. 308.
July 9, 1947, ch. 211, title I, 61 Stat. 282.
July 5, 1946, ch. 541, title I, 60 Stat. 453.
May 21, 1945, ch. 129, title I, 59 Stat. 175.
June 28, 1944, ch. 294, title I, 58 Stat. 402.
July 1, 1943, ch. 182, title I, 57 Stat. 278.
July 2, 1942, ch. 472, title I, 56 Stat. 474.
June 28, 1941, ch. 258, title I, 55 Stat. 271.
May 14, 1940, ch. 189, title I, 54 Stat. 187.
June 29, 1939, ch. 248, title I, 53 Stat. 891.
Apr. 27, 1938, ch. 180, title I, 52 Stat. 253.
June 16, 1937, ch. 359, title I, 50 Stat. 267.
May 15, 1936, ch. 405, title I, 49 Stat. 1315.
Mar. 22, 1935, ch. 39, title I, 49 Stat. 73.
Apr. 7, 1934, ch. 104, title I, 48 Stat. 534.
Mar. 1, 1933, ch. 144, title I, 47 Stat. 1376.
July 1, 1932, ch. 361, title I, 47 Stat. 485.
Feb. 23, 1931, ch. 280, title I, 46 Stat. 1309.
Apr. 18, 1930, ch. 184, title I, 46 Stat. 173.
Jan. 25, 1929, ch. 102, title I, 45 Stat. 1094.
Appropriation for Construction of Facilities
Act May 7, 1928, ch. 505, §4, as added by Pub. L. 86–296, §2, Sept. 21, 1959, 73 Stat. 573, and amended Pub. L. 86–617, July 12, 1960, 74 Stat. 396, provided that a sum not to exceed $500,000 be appropriated for construction and equipment of facilities for Gorgas Memorial Laboratory, including preparation of plans and specifications, remodeling of buildings, and site improvement, but excluding the cost of acquisition of land.
§278a. Annual report to Congress; examination of books and accounts
The Gorgas Memorial Institute shall make to Congress, on April 1 of each year, a full report of the operation and work of the Gorgas Memorial Laboratory during the fiscal year ending the preceding September 30, and shall include therewith a complete statement of the receipts and expenditures of said laboratory for such fiscal year. The books and accounts of the Gorgas Memorial Laboratory shall at all times be open to examination by the Comptroller General of the United States.
(May 7, 1928, ch. 505, §3, 45 Stat. 491; Pub. L. 95–426, title VII, §701(a), Oct. 7, 1978, 92 Stat. 991.)
Editorial Notes
Amendments
1978—Pub. L. 95–426 substituted "on April 1 of each year" and "during the fiscal year ending the preceding September 30" for "annually, on the first Monday in December" and "up to the first of November next preceding", respectively.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in the first sentence of this section relating to annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 174 of House Document No. 103–7.
§278b. Repealed. Pub. L. 95–426, title VII, §701(b), Oct. 7, 1978, 92 Stat. 991
Section, act June 28, 1944, ch. 294, title I, 58 Stat. 402, related to a report to Congress of the operation and work of the laboratory, including the statement of the receipts and expenditures, such a report to cover a fiscal year period ending on June 30 of the calendar year immediately preceding the convening of each such session. Similar provisions were contained in the following prior acts:
July 1, 1943, ch. 182, title I, 57 Stat. 277.
July 2, 1942, ch. 472, title I, 56 Stat. 474.
June 28, 1941, ch. 258, title I, 55 Stat. 271.
May 14, 1940, ch. 189, title I, 54 Stat. 187.
June 29, 1939, ch. 248, 53 Stat. 891.
Apr. 27, 1938, ch. 180, title I, 52 Stat. 253.
June 16, 1937, ch. 359, title I, 50 Stat. 267.
SUBCHAPTER VI—UNITED NATIONS FOOD AND AGRICULTURE ORGANIZATION
§279. United States membership in the United Nations Food and Agriculture Organization
The President is hereby authorized to accept membership for the United States in the Food and Agriculture Organization of the United Nations (hereinafter referred to as the "Organization") the Constitution of which is set forth in appendix I of the First Report to the Governments of the United Nations by the Interim Commission on Food and Agriculture, dated August 1, 1944.
(July 31, 1945, ch. 342, §1, 59 Stat. 529.)
§279a. Authorization of appropriations for payment of United States expenses in Organization; limitation of contributions
There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be required for expenditure under the direction of the Secretary of State, for the payment by the United States of its proportionate share in the expenses of the Organization: Provided, That the percentage contribution of the United States to the total annual budget of the Organization shall not exceed 33.33 per centum.
(July 31, 1945, ch. 342, §2, 59 Stat. 529; Sept. 21, 1950, ch. 976, §1(b), 64 Stat. 902; Aug. 26, 1954, ch. 937, title IV, §421, as added July 18, 1956, ch. 627, §8(n), 70 Stat. 559; Aug. 26, 1954, ch. 937, title V, §544(b), as added Pub. L. 85–141, §11(b)(2), Aug. 14, 1957, 71 Stat. 365; Pub. L. 87–195, pt. IV, §709, Sept. 4, 1961, 75 Stat. 465.)
Editorial Notes
Amendments
1961—Pub. L. 87–195 struck out provisions which limited the annual appropriations to not more than $3,000,000.
1957—Pub. L. 85–141, §11(b)(2), added section 544(b) to act August 26, 1954, which section 544(b) amended this section by increasing the maximum percentage contribution from 31.5 to 33.33 per centum.
1956—Act July 18, 1956, increased authorized annual appropriation from $2,000,000, to $3,000,000, and inserted provisions limiting percentage contribution of United States to total annual budget to not more than 31.5 per centum.
1950—Joint Res. Sept. 21, 1950, increased authorized annual appropriation from $1,250,000 to $2,000,000.
Statutory Notes and Related Subsidiaries
Repeals
Section 709 of Pub. L. 87–195, cited as a credit to this section, was repealed by section 401 of Pub. L. 87–565, pt. IV, Aug. 1, 1962, 76 Stat. 263, except insofar as section 709 affected this section.
Section 544(b) of act Aug. 26, 1954, cited as a credit to this section, was repealed by Pub. L. 85–477, ch. IV, §401(h), June 30, 1958, 72 Stat. 270, except insofar as such section 544(b) affected this section.
Section 421 of act August 26, 1954, cited as a credit to this section was repealed by section 8(n) of Pub. L. 85–141, except insofar as section 421 affected this section.
Similar Provisions
Similar provisions were contained in the Department of State Appropriation Act, 1946, act July 5, 1946, ch. 541, title I, 60 Stat. 453.
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
Limitation of Contributions
Contributions by United States, except for special projects, limited to amount provided by Joint Res. Sept. 21, 1950, consent by State Department and reports to Congress, see section 262a of this title.
§279b. Integration of International Institute of Agriculture with Organization
In adopting this subchapter, it is the sense of the Congress that the Government of the United States should use its best efforts to bring about, as soon as practicable, the integration of the functions and the resources of the International Institute of Agriculture with those of the Organization, in a legal and orderly manner, to effect one united institution in such form as to provide an adequate research, informational, and statistical service for the industry of agriculture.
(July 31, 1945, ch. 342, §3, 59 Stat. 530.)
§279c. Congressional authority necessary for acceptance of new obligations in Organization
Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States accept any amendment under paragraph 1 of article XX of the Constitution of the Organization involving any new obligation for the United States.
(July 31, 1945, ch. 342, §4, 59 Stat. 530.)
§279d. Limitation on power of Conference to impose new obligations on United States
In adopting this subchapter the Congress does so with the understanding that paragraph 2 of article XIII does not authorize the Conference of the Organization to so modify the provisions of its Constitution as to involve any new obligation for the United States.
(July 31, 1945, ch. 342, §5, 59 Stat. 530.)
SUBCHAPTER VII—SOUTH PACIFIC COMMISSION
§280. Representation in South Pacific Commission; appointment of commissioners and alternates
The President is hereby authorized to accept membership for the United States in the South Pacific Commission, created by the Agreement Establishing the South Pacific Commission, signed on February 6, 1947, at Canberra, Australia, by delegates representing the Governments of Australia, the French Republic, the Kingdom of the Netherlands, New Zealand, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and to appoint the United States Commissioners, and their alternates, thereto.
(Jan. 28, 1948, ch. 38, §1, 62 Stat. 15.)
Statutory Notes and Related Subsidiaries
Purpose of Commission
Act Jan. 28, 1948, ch. 38, 62 Stat. 15, provided that:
"Whereas delegates representing the Governments of Australia, the French Republic, the Kingdom of the Netherlands, New Zealand, the United Kingdom of Great Britain and Northern Ireland, and the United States of America attended the South Seas Conference held at Canberra, Australia, and signed an 'Agreement Establishing the South Pacific Commission' on February 6, 1947; and
"Whereas the purpose of the South Pacific Commission is to encourage and strengthen international cooperation in promoting the economic and social welfare and advancement of the non-self-governing territories in the South Pacific in accordance with the principles set forth in Chapter XI of the Charter of the United Nations, thereby contributing to the maintenance of international peace and security: Therefore be it".
§280a. Definitions
When used in this subchapter—
(1) the term "Secretary" means the Secretary of State;
(2) the term "Government agency" means any department, independent establishment, or other agency of the Government of the United States, or any corporation wholly owned by the Government of the United States; and
(3) the term "Commission" means the South Pacific Commission.
(Jan. 28, 1948, ch. 38, §2, 62 Stat. 15.)
§280b. Authorization of appropriations
There is hereby authorized to be appropriated to the Department of State, out of any money in the Treasury not otherwise appropriated—
(a) such 1 sums as may be required annually for the payment by the United States of its proportionate share of the expenses of the Commission and its auxiliary and subsidiary bodies, in accordance with article XIV of the agreement establishing the South Pacific Commission, as amended, except that in no event shall that payment for any fiscal year of the Commission exceed 20 per centum of all expenses apportioned among participating governments of the Commission for that year.
(b) Such additional sums as may be needed for the payment of all necessary expenses incident to participation by the United States in the activities of the Commission, including salaries of the United States Commissioners, their alternates, and appropriate staff, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5; personal services in the District of Columbia; services as authorized by section 3109 of title 5; under such rules and regulations as the Secretary of State may prescribe, allowances for living quarters, including heat, fuel, and light and cost-of-living allowances to persons temporarily stationed abroad; hire of passenger motor vehicles and other local transportation; printing and binding without regard to section 501 of title 44 and section 6101 of title 41; and such other expenses as the Secretary of State finds necessary to participation by the United States in the activities of the Commission: Provided, That the provisions of section 287r of this title, and regulations thereunder, applicable to expenses incurred pursuant to subchapter XVII of this chapter shall be applicable to any expenses incurred pursuant to this paragraph.
(Jan. 28, 1948, ch. 38, §3, 62 Stat. 15; Oct. 28, 1949, ch. 782, title II, §202(2), title XI, §1106(a), 63 Stat. 954, 972; Sept. 21, 1950, ch. 976, §1(c), 64 Stat. 902; Pub. L. 86–472, ch. VI, §603, May 14, 1960, 74 Stat. 141; Pub. L. 88–263, Jan. 31, 1964, 78 Stat. 7; Pub. L. 89–91, July 27, 1965, 79 Stat. 281; Pub. L. 91–632, Dec. 31, 1970, 84 Stat. 1876; Pub. L. 92–490, Oct. 13, 1972, 86 Stat. 808.)
Editorial Notes
References in Text
Subchapter XVII [§287m et seq.] of this chapter, referred to in subsec. (b), was in the original a reference to the Act of July 30, 1946 (Public Law 565, Seventy-ninth Congress).
Codification
In subsec. (b), "chapter 51 and subchapter III of chapter 53 of title 5" and "section 3109 of title 5" substituted for "the Classification Act of 1949" and "section 15 of Public Law 600, Seventy-ninth Congress [5 U.S.C. 55a]", respectively, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5, Government Organization and Employees.
In subsec. (b), "section 501 of title 44" substituted for "section 11 of the Act of March 1, 1919 (44 U.S.C. 111)" on authority of Pub. L. 90–620, §2(b), Oct. 22, 1968, 82 Stat. 1305, which Act enacted Title 44, Public Printing and Documents.
In subsec. (b), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes, as amended" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1972—Subsec. (a). Pub. L. 92–490 struck out "not to exceed $250,000 per fiscal year" after "annually" and inserted "except that in no event shall that payment for any fiscal year of the Commission exceed 20 per centum of all expenses apportioned among participating governments of the Commission for that year" after "as amended".
1970—Subsec. (a). Pub. L. 91–632 substituted "$250,000" for "$200,000".
1965—Subsec. (a). Pub. L. 89–91 substituted "such sums as may be required annually, not to exceed $200,000 per fiscal year" for "Not more than $150,000 for the fiscal year 1965, and $150,000 for the fiscal year 1966".
1964—Subsec. (a). Pub. L. 88–263 substituted "$150,000 for the fiscal year 1965, and $150,000 for the fiscal year 1966," for "$100,000 annually".
1960—Subsec. (a). Pub. L. 86–472 substituted "$100,000" for "$75,000".
1950—Subsec. (a). Joint Res. Sept. 21, 1950, substituted "$75,000" for "$20,000".
1949—Subsec. (a). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
Limitation of Contributions
Contributions by United States, except for special projects, limited to amount provided by Joint Res. Sept. 21, 1950; consent by State Department and reports to Congress, see section 262a of this title.
1 So in original. Probably should be capitalized.
§280c. Employment of personnel with specialized skills
The Secretary is authorized, when the Commission is desirous of obtaining the services of a person having special scientific or other technical or professional qualifications, from time to time to detail, or authorize the detail of, for temporary service to or in cooperation with the Commission, any person in the employ or service of the Government of the United States who has such qualifications, with the approval of the Government agency in which such person is employed or serving, under the same conditions as those governing the detail of officers and employees of the United States Government to the government of another country in accordance with the provisions of the Act of May 25, 1938 (52 Stat. 442), as amended, except that the authority vested in the President under that Act shall be vested in the Secretary for the purpose of carrying out this section.
(Jan. 28, 1948, ch. 38, §4, 62 Stat. 16.)
Editorial Notes
References in Text
Act of May 25, 1938 (52 Stat. 442), as amended, referred to in text, is act May 25, 1938, ch. 277, 52 Stat. 442, as amended, which was classified to section 118e of former title 5, Executive Departments and Government Officers and Employees, and was repealed by act Jan. 26, 1948, ch. 36, §1004(a), 62 Stat. 13. Section 1004(c) of act Jan. 26, 1948, provided that any reference to provisions of act May 25, 1938 shall be construed to be applicable to the appropriate provisions of titles III and IX of act Jan. 26, 1948 [see sections 1451 et seq., 1478 and 1479 of this title].
SUBCHAPTER VIII—CARIBBEAN COMMISSION
§280h. Representation in Caribbean Commission; appointment of commissioners and alternates
The President is hereby authorized to accept membership for the United States in the Caribbean Commission, created by "An agreement for the establishment of the Caribbean Commission," signed in Washington on October 30, 1946, by representatives of the Governments of the French Republic, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and to appoint the United States Commissioners, and their alternates, thereto.
(Mar. 4, 1948, ch. 97, §1, 62 Stat. 66.)
Statutory Notes and Related Subsidiaries
Purpose of Commission
Act Mar. 4, 1948, ch. 97, 62 Stat. 65, provided that:
"Whereas representatives of the Governments of the French Republic, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland, and the United States of America signed 'An Agreement for the establishment of the Caribbean Commission' in Washington on October 30, 1946, which agreement continued and extended the international cooperative arrangements initiated in 1942 between the United Kingdom of Great Britain and Northern Ireland, and the United States; and
"Whereas the purpose of the Caribbean Commission is to encourage and strengthen international cooperation in promoting the economic and social welfare and advancement of the non-self-governing territories in the Caribbean area, whose economic and social development is of vital interest to the security of the United States, in accordance with the principles set forth in chapter XI of the Charter of the United Nations: Therefore be it".
Acceptance of Caribbean Organization Agreement
Pub. L. 87–73, June 30, 1961, 75 Stat. 194, provided: "That the President is hereby authorized to accept on behalf of the Government of the United States of America the 'Agreement for the Establishment of the Caribbean Organization' signed at Washington on June 21, 1960, by representatives of the Governments of the Republic of France, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland, and the United States of America; that the participation of the Commonwealth of Puerto Rico and the Virgin Islands of the United States in the Caribbean Organization is hereby authorized; that the Caribbean Organization shall, upon promulgation by the President of an Executive order to this effect, be entitled to the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288); and that the Secretary of State is hereby authorized to appoint or designate a United States observer to the Caribbean Organization."
Termination of Caribbean Commission
Article III of the Agreement of the Establishment of the Caribbean Organization provides that "On the termination of the Agreement for the establishment of the Caribbean Commission, signed at Washington on October 30, 1946, the assets of the Caribbean Commission shall be and are by virtue of this Agreement transferred to and vested in the Caribbean Organization. The Caribbean Organization is hereby authorized to assume at the same time the liabilities of the Caribbean Commission and shall be regarded as the successor body to the Caribbean Commission."
Article IV of such Agreement provides that "The Agreement for the establishment of the Caribbean Commission shall terminate at the end of the first meeting of the Caribbean Council provided for in the Statute annexed to this Agreement."
Executive Documents
Ex. Ord. No. 10609. Delegation of Authority To Appoint Alternate Commissioners
Ex. Ord. No. 10609, May 7, 1955, 20 F.R. 3147, provided:
By virtue of the authority vested in me by section 301 of title 3 of the United States Code (65 Stat. 713), and as President of the United States, it is ordered that the Secretary of State be, and he is hereby, designated and empowered to exercise, without the approval, ratification, or other action of the President, so much of the authority vested in the President by the first section of the Joint Resolution of March 4, 1948, entitled "Joint Resolution providing for membership and participation by the United States in the Caribbean Commission and authorizing an appropriation therefor" (62 Stat. 66; 22 U.S.C. 280h) as consists of authority to appoint alternate United States Commissioners to the Caribbean Commission.
Dwight D. Eisenhower.
§280i. Authorization of appropriations
There is hereby authorized to be appropriated to the Department of State, out of any money in the Treasury not otherwise appropriated—
(a) Not more than $142,000 annually for the payment by the United States of its proportionate share of the expenses of the Commission and its auxiliary and subsidiary bodies, pursuant to article XV of the "agreement for the Establishment of the Caribbean Commission"; and
(b) Such additional sums as may be needed for the payment of all necessary expenses incident to participation by the United States in the activities of the Commission, including salaries of the United States Commissioners, their alternates, appropriate staff, without regard to the civil-service laws, and chapter 51 and subchapter III of chapter 53 of title 5; personal services in the District of Columbia; services as authorized by section 3109 of title 5; hire of passenger motor vehicles and other local transportation; printing and binding without regard to section 501 of title 44 and section 6101 of title 41; and such other expenses as the Secretary of State finds necessary to participation by the United States in the activities of the Commission: Provided, That the provisions of section 287r of this title, and regulations thereunder, applicable to expenses incurred pursuant to subchapter XVII of this chapter shall be applicable to any expenses incurred pursuant to this paragraph.
(Mar. 4, 1948, ch. 97, §2, 62 Stat. 66; Oct. 28, 1949, ch. 782, title II, §202(2), title XI, §1106(a), 63 Stat. 954, 972.)
Editorial Notes
References in Text
Subchapter XVII [§287m et seq.] of this chapter, referred to in subsec. (b), was in the original a reference to the Act of July 30, 1946 (Public Law 565, Seventy-ninth Congress).
Codification
In subsec. (b), "chapter 51 and subchapter III of chapter 53 of title 5" and "section 3109 of title 5" substituted for "the Classification Act of 1949" and "section 15 of Public Law 600, Seventy-ninth Congress [5 U.S.C. 55a], respectively, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5, Government Organization and Employees.
In subsec. (b), "section 501 of title 44" substituted for "section 11 of the Act of March 1, 1919 (44 U.S.C. 111)," on authority of Pub. L. 90–620, §2(b), Oct. 22, 1968, 82 Stat. 1305, which Act enacted Title 44, Public Printing and Documents.
In subsec. (b), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes, as amended" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1949—Subsec. (b). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
SUBCHAPTER IX—PAN AMERICAN RAILWAY CONGRESS
§280j. Representation in Congress; appointment of delegates and alternates
The President is hereby authorized to accept membership for the Government of the United States in, and to appoint the United States delegates and their alternates to, the Pan American Railway Congress, the constitution and bylaws of which were approved in Montevideo, Uruguay, April 1946, and deposited in the archives of the Pan American Union in Washington.
(June 28, 1948, ch. 686, §1, 62 Stat. 1060.)
§280k. Authorization of appropriations
There is hereby authorized to be appropriated to the Department of State, out of any money in the Treasury not otherwise appropriated—
(a) Such sums as may be necessary for the payment by the United States of its proportionate share of the expenses of the Pan American Railway Congress and its Permanent Commission; and
(b) Such additional sums as may be needed for the payment of all necessary expenses incident to participation by the United States in the activities thereof, including expenses of the United States delegates, their alternates, and appropriate staff, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5; personal services in the District of Columbia; services as authorized by section 3109 of title 5; hire of passenger motor vehicles and other local transportation; printing and binding without regard to section 501 of title 44 and section 6101 of title 41; and such other expenses as the Secretary of State finds necessary to participation by the United States in the activities of the organization: Provided, That the provisions of section 287r of this title, and regulations thereunder, applicable to expenses incurred pursuant to subchapter XVII of this chapter shall be applicable to any expenses incurred pursuant to this subsection.
(June 28, 1948, ch. 686, §2, 62 Stat. 1060; Oct. 28, 1949, ch. 782, title II, §202(2), title XI, §1106(a), 63 Stat. 954, 972; Pub. L. 91–553, Dec. 16, 1970, 84 Stat. 1441; Pub. L. 97–241, title I, §115, Aug. 24, 1982, 96 Stat. 278.)
Editorial Notes
References in Text
Subchapter XVII [§287m et seq.] of this chapter, referred to in subsec. (b), was in the original a reference to the Act of July 30, 1946 (Public Law 565, Seventy-ninth Congress).
Codification
In subsec. (b), "chapter 51 and subchapter III of chapter 53 of title 5" and "section 3109 of title 5" substituted for "the Classification Act of 1949" and "section 15 of Public Law 600, Seventy-ninth Congress [5 U.S.C. 55a]", respectively, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5, Government Organization and Employees.
In subsec. (b), "section 501 of title 44" substituted for "section 11 of the Act of March 1, 1919 (44 U.S.C. 111)," on authority of Pub. L. 90–620, §2(b), Oct. 22, 1968, 82 Stat. 1305, which enacted Title 44, Public Printing and Documents.
In subsec. (b), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes, as amended" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1982—Subsec. (a). Pub. L. 97–241 substituted "Such sums as may be necessary" for "Not more than $15,000 annually".
1970—Subsec. (a). Pub. L. 91–553 increased annual authorization from $5,000 to $15,000.
1949—Subsec. (b). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
SUBCHAPTER X—THE INSTITUTE OF INTER-AMERICAN AFFAIRS
§§281 to 281b. Omitted
Editorial Notes
Codification
Sections 281 to 281b of this title contained provisions relating to the Institute of Inter-American Affairs. The Institute was created pursuant to act Aug. 5, 1947, ch. 498, 61 Stat. 780. Section 3 of such act, as amended, provided that the Institute was to have succession until June 30, 1960. Prior to such date, the Institute, together with its functions, was transferred to the Foreign Operations Administration by Reorg. Plan No. 7 of 1953, eff. Aug. 1, 1953, 18 F.R. 4541, 67 Stat. 639, set out in the Appendix to Title 5, Government Organization and Employees. The Foreign Operations Administration was abolished by Ex. Ord. No. 10610, May 9, 1955, 20 F.R. 3179, and its functions and offices were transferred to the Department of State to be administered by the International Cooperation Administration. The International Cooperation Administration was to continue to exist for a period not to exceed sixty days after the effective date of Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424 [Sept. 4, 1961], and the President was authorized to transfer offices, entities, functions, property, records, and personnel of the Administration to the Agency carrying out functions relating to international development under the provisions of section 621(b), (e) of Pub. L. 87–195. The functions of the Administration were redelegated to the Agency for International Development pursuant to President's letter of Sept. 30, 1961 and Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, section 102 of which provided for the establishment of the Agency for International Development and section 103 of which continued the existence of the Administration until the end of Nov. 3, 1961 and authorized the Secretary to utilize the personnel, offices, entities, property, records, and funds of the Administration. See section 621 of Pub. L. 87–195 and Ex. Ord. No. 10973, classified to section 2381 of this title, and set out as a note under section 2381, respectively.
Section 281, act Aug. 5, 1947, ch. 498, §1, 61 Stat. 780, created the Institute of Inter-American Affairs.
Section 281a, act Aug. 5, 1947, ch. 498, §2, 61 Stat. 781, set forth the purposes of the Institute of Inter-American Affairs.
Section 281b, acts Aug. 5, 1947, ch. 498, §3, 61 Stat. 781; Sept. 3, 1949, ch. 532, §1, 63 Stat. 685; Apr. 5, 1952, ch. 159, §1, 66 Stat. 43; Aug. 26, 1954, ch. 937, title V, §544(a), 68 Stat. 862; Aug. 14, 1957, Pub. L. 85–141, §11(b)(1), 71 Stat. 365, provided that the Institute of Inter-American Affairs have succession until June 30, 1960, and set forth the powers and duties of the Institute.
§281b–1. Repealed. Aug. 26, 1954, ch. 937, title V, §544(b), 68 Stat. 862
Section, act Sept. 3, 1949, ch. 532, §1, 63 Stat. 685, related to contract authorizations.
§§281b–2 to 281j. Omitted
Editorial Notes
Codification
Sections 281b–2 to 281j of this title contained provisions relating to the Institute of Inter-American Affairs. The Institute was created pursuant to act Aug. 5, 1947, ch. 498, 61 Stat. 780. Section 3 of such act, as amended, provided that the Institute was to have succession until June 30, 1960. See Codification note set out under section 281 of this title.
Section 281b–2, acts Aug. 26, 1954, ch. 937, title V, §544(a), 68 Stat. 862; Aug. 14, 1957, Pub. L. 85–141, §11(b)(1), 71 Stat. 365, authorized the Institute of Inter-American Affairs to make contracts for periods not to exceed five years, with the proviso that any contract extending beyond June 30, 1960, be made subject to termination by the Institute upon notice, and provided that the Institute, on and after July 1, 1954, be subject to the applicable provisions of the Budget and Accounting Act, 1921, as amended, in lieu of the provisions of the Government Corporation Control Act, as amended [31 U.S.C. 9101 et seq.].
Section 281c, act Aug. 5, 1947, ch. 498, §4, 61 Stat. 782, provided for transfer of assets to United States Treasury upon termination of corporate life of Institute of Inter-American Affairs.
Section 281d, act Aug. 5, 1947, ch. 498, §5, 61 Stat. 782, established a Board of Directors for Institute of Inter-American Affairs, and enumerated powers of Board.
Section 281e, act Aug. 5, 1947, ch. 498, §6, 61 Stat. 782, provided that Institute of Inter-American Affairs be a nonprofit corporation, have no capital stock, and that no part of its revenue, earnings, or other income or property inure to benefit of its directors, officers, and employees.
Section 281f, act Aug. 5, 1947, ch. 498, §7, 61 Stat. 782, authorized officers and employees of Institute of Inter-American Affairs to hold offices upon approval of Institute, with governments or governmental agencies of other American Republics.
Section 281g, act Aug. 5, 1947, ch. 498, §8, 61 Stat. 782, authorized Secretary of State to detail employees of Department of State to Institute of Inter-American Affairs.
Section 281h, act Aug. 5, 1947, ch. 498, §9, 61 Stat. 783, provided that principal office of Institute of Inter-American Affairs be located in District of Columbia, with branch offices any place in United States or other American Republics.
Section 281i, act Aug. 5, 1947, ch. 498, §10, 61 Stat. 783, exempted Institute of Inter-American Affairs from taxation by any Federal, State, or local taxing authority.
Section 281j, act Aug. 5, 1947, ch. 498, §11, 61 Stat. 783, reserved right to alter, amend or repeal provisions of sections 281 to 281b and 281c to 281l of this title, and set forth savings clause for such provisions.
§281k. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 654
Section, act Aug. 5, 1947, ch. 498, §12, 61 Stat. 783, provided for transfer of property to Institute of Inter-American Affairs.
§281l. Omitted
Editorial Notes
Codification
Section, act Aug. 5, 1947, ch. 498, §13, 61 Stat. 783, provided that Institute of Inter-American Affairs be subject to provisions of the Government Corporation Control Act. See Codification note set out under section 281 of this title.
SUBCHAPTER XI—INTERNATIONAL FINANCE CORPORATION
§282. Acceptance of membership by United States in International Finance Corporation
The President is hereby authorized to accept membership for the United States in the International Finance Corporation (hereinafter referred to as the "Corporation"), provided for by the Articles of Agreement of the Corporation deposited in the archives of the International Bank for Reconstruction and Development.
(Aug. 11, 1955, ch. 788, §2, 69 Stat. 669.)
Statutory Notes and Related Subsidiaries
Short Title
Act Aug. 11, 1955, ch. 788, §1, 69 Stat. 669, provided that: "This Act [enacting this subchapter] may be cited as the 'International Finance Corporation Act'."
§282a. Governor, executive director, and alternates of Corporation
The governor and executive director of the International Bank for Reconstruction and Development, and the alternate for each of them, appointed under section 286a of this title, shall serve as governor, director and alternates, respectively, of the Corporation.
(Aug. 11, 1955, ch. 788, §3, 69 Stat. 669.)
§282b. Applicability of National Advisory Council on International Monetary and Financial Problems
The provisions of section 286b of this title, shall apply with respect to the Corporation to the same extent as with respect to the International Bank for Reconstruction and Development.
(Aug. 11, 1955, ch. 788, §4, 69 Stat. 669; Pub. L. 101–240, title V, §541(e)(1), Dec. 19, 1989, 103 Stat. 2518.)
Editorial Notes
Amendments
1989—Pub. L. 101–240 struck out at end "Reports with respect to the Corporation under paragraphs 5 and 6 of subsection (b) of section 286b of this title, shall be included in the first report made thereunder after the establishment of the Corporation and in each succeeding report."
Executive Documents
Delegation of Functions
Functions of National Advisory Council on International Monetary and Financial Problems under this section delegated to National Advisory Council on International Monetary and Financial Policies, see section 2(a) of Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note under section 286b of this title.
§282c. Congressional authorization needed for certain actions
Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States (a) subscribe to additional shares of stock under article II, section 3, of the Articles of Agreement of the Corporation; (b) accept any amendment under article VII of the Articles of Agreement of the Corporation; (c) make any loan to the Corporation. The United States Governor of the Corporation is authorized to agree to an amendment to article III of the articles of agreement of the Corporation to authorize the Corporation to make investments of its funds in capital stock and to limit the exercise of voting rights by the Corporation unless exercise of such rights is deemed necessary by the Corporation to protect its interests, as proposed in the resolution submitted by the Board of Directors on February 20, 1961. Unless Congress by law authorizes such action, no governor or alternate representing the United States shall vote for an increase of capital stock of the Corporation under article II, section 2(c)(ii), of the Articles of Agreement of the Corporation.
(Aug. 11, 1955, ch. 788, §5, 69 Stat. 669; Pub. L. 87–185, Aug. 30, 1961, 75 Stat. 413.)
Editorial Notes
Amendments
1961—Pub. L. 87–185 authorized acceptance of an amendment to the articles of agreement of the Corporation to permit investment in capital stock and to limit the exercise of voting rights.
§282d. Federal Reserve banks as depositories
Any Federal Reserve bank which is requested to do so by the Corporation shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(Aug. 11, 1955, ch. 788, §6, 69 Stat. 669.)
§282e. Payment of subscriptions to Corporation by United States; dividends covered into Treasury
(a) Authority of Secretary of the Treasury
The Secretary of the Treasury is authorized to pay the subscription of the United States to the Corporation and for this purpose is authorized to use as a public-debt transaction not to exceed $35,168,000 of the proceeds of any securities hereafter issued under chapter 31 of title 31, and the purposes for which securities may be issued under that chapter are extended to include such purpose. Payment under this subsection of the subscription of the United States to the Corporation and any repayment thereof shall be treated as public-debt transactions of the United States.
(b) Dividends treated as miscellaneous receipts
Any payment of dividends made to the United States by the Corporation shall be covered into the Treasury as a miscellaneous receipt.
(Aug. 11, 1955, ch. 788, §7, 69 Stat. 670.)
Editorial Notes
Codification
In subsec. (a), "chapter 31 of title 31" and "that chapter" substituted for "the Second Liberty Bond Act, as amended" and "that Act", respectively, on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
§282f. Jurisdiction and venue of actions
For the purpose of any action which may be brought within the United States or its Territories or possessions by or against the Corporation in accordance with the Articles of Agreement of the Corporation, the Corporation shall be deemed to be an inhabitant of the Federal judicial district in which its principal office in the United States is located, and any such action at law or in equity to which the Corporation shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States shall have original jurisdiction of any such action. When the Corporation is a defendant in any such action, it may, at any time before the trial thereof, remove such action from a State court into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law.
(Aug. 11, 1955, ch. 788, §8, 69 Stat. 670.)
Court Rules
Federal Rules of Civil Procedure
One form of action, see rule 2, Title 28, Appendix, Judiciary and Judicial Procedure.
§282g. Status, privileges, and immunities of the United States
The provisions of article V, section 5(d), and article VI, sections 2 to 9, both inclusive, of the Articles of Agreement of the Corporation shall have full force and effect in the United States and its Territories and possessions upon acceptance of membership by the United States in, and the establishment of, the Corporation.
(Aug. 11, 1955, ch. 788, §9, 69 Stat. 670.)
§282h. Loans to or from International Bank for Reconstruction and Development; amendment to Articles of Agreement
The United States Governor of the Corporation is authorized to agree to the amendments of the articles of agreement of the Corporation to remove the prohibition therein contained against the Corporation lending to or borrowing from the International Bank for Reconstruction and Development, and to place limitations on such borrowing.
(Aug. 11, 1955, ch. 788, §10, as added Pub. L. 89–126, §2, Aug. 14, 1965, 79 Stat. 519.)
§282i. Increase in capital stock of Corporation; subscription to additional shares
(a) The United States Governor of the Corporation is authorized—
(1) to vote for an increase of five hundred and forty thousand shares in the authorized capital stock of the Corporation; and
(2) if such increase becomes effective, to subscribe on behalf of the United States to one hundred and eleven thousand four hundred and ninety-three additional shares of the capital stock of the Corporation: Provided, however, That any commitment to make payment for such additional subscriptions shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the increase in the United States subscription to the Corporation provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $111,493,000 for payment by the Secretary of the Treasury.
(Aug. 11, 1955, ch. 788, §11, as added Pub. L. 95–118, title III, §301, Oct. 3, 1977, 91 Stat. 1068.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 95–118, title X, §1001, Oct. 3, 1977, 91 Stat. 1072, provided that: "This Act [enacting this section and sections 262c, 262d, 262e to 262g, 284n, 285s, 285t, 286e–1f, and 290g–10 of this title, repealing sections 283y, 284m, 290g–9 of this title, and enacting provisions set out as a note under section 262c of this title] shall take effect on the date of its enactment [Oct. 3, 1977], except that no funds authorized to be appropriated by any amendment contained in title II, III, IV, V, or VI [enacting this section and sections 286e–1f, 284n, 285s, 285t, or 290g–10 of this title] may be available for use or obligation prior to October 1, 1977".
§282j. Increase in capital stock of Corporation; subscription to additional shares
(a) The United States Governor of the Corporation is authorized—
(1) to vote for an increase of 650,000 shares in the authorized capital stock of the Corporation; and
(2) to subscribe on behalf of the United States to 175,162 additional shares of the capital stock of the Corporation, except that any subscription to additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) In order to pay for the increase in the United States subscription to the Corporation provided for in this section, there are authorized to be appropriated, without fiscal year limitation, §175,162,000 for payment by the Secretary of the Treasury.
(Aug. 11, 1955, ch. 788, §12, as added Pub. L. 99–190, §101(i) [title I, (a)], Dec. 19, 1985, 99 Stat. 1291, 1294.)
Editorial Notes
Codification
Section 12 of act Aug. 11, 1955, is based on section 3 of H.R. 1948, Ninety-ninth Congress, as introduced Apr. 3, 1985, and enacted into law by Pub. L. 99–190.
§282k. Securities issued by Corporation
(a) Exemption from securities laws; reports to Securities and Exchange Commission
Any securities issued by the Corporation (including any guaranty by the Corporation, whether or not limited in scope) and any securities guaranteed by the Corporation as to both principal and interest shall be deemed to be exempted securities within the meaning of section 77c(a)(2) of title 15 and section 78c(a)(12) of title 15. The Corporation shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Corporation and its operations and necessary in the public interest or for the protection of investors.
(b) Authority of Securities and Exchange Commission to suspend exemption; reports to Congress
The Securities and Exchange Commission, acting in consultation with the National Advisory Council on International Monetary and Financial Problems, is authorized to suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Corporation during the period of such suspension. The Commission shall include in its annual reports to the Congress such information as it shall deem advisable with regard to the operations and effect of this section.
(Aug. 11, 1955, ch. 788, §13, as added Pub. L. 101–513, title V, §562(e)(1)(A), Nov. 5, 1990, 104 Stat. 2037.)
§282l. Capital stock increase
(a) Subscription authorized
(1) In general
The United States Governor of the Corporation may—
(A) vote for an increase of 1,000,000 shares in the authorized capital stock of the Corporation; and
(B) subscribe on behalf of the United States to 250,000 additional shares of the capital stock of the Corporation.
(2) Prior appropriation required
The subscription authority provided in paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
In order to pay for the subscription authorized in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $50,000,000 for payment by the Secretary of the Treasury.
(Aug. 11, 1955, ch. 788, §14, as added Pub. L. 102–145, §125(a), Oct. 28, 1991, as added Pub. L. 102–266, §102, Apr. 1, 1992, 106 Stat. 97.)
§282m. Authority to vote for capital increases necessary to support economic restructuring in independent states of former Soviet Union
The United States Governor of the Corporation may vote in favor of any increase in the capital stock of the Corporation that may be needed to accommodate the requirements of the independent states of the former Soviet Union (as defined in section 5801 of this title).
(Aug. 11, 1955, ch. 788, §15, as added Pub. L. 102–511, title X, §1005, Oct. 24, 1992, 106 Stat. 3361.)
§282n. Authority to agree to amendments to Articles of Agreement
The United States Governor of the Corporation is authorized to agree to amendments to the Articles of Agreement of the Corporation that would—
(1) amend Article II, Section 2(c)(ii), to increase the vote by which the Board of Governors of the Corporation may increase the capital stock of the Corporation from a three-fourths majority to a four-fifths majority; and
(2) amend Article VII(a) to increase the vote by which the Board of Governors of the Corporation may amend the Articles of Agreement of the Corporation from a four-fifths majority to an eighty-five percent majority.
(Aug. 11, 1955, ch. 788, §16, as added Pub. L. 102–511, title X, §1006, Oct. 24, 1992, 106 Stat. 3361.)
§282o. Selective capital increase and amendment of the Articles of Agreement
(a) Vote authorized
The United States Governor of the Corporation is authorized to vote in favor of a resolution to increase the capital stock of the Corporation by $130,000,000.
(b) Amendment of the Articles of Agreement
The United States Governor of the Corporation is authorized to agree to and accept an amendment to Article IV, Section 3(a) of the Articles of Agreement of the Corporation that achieves an increase in basic votes to 5.55 percent of total votes.
(Aug. 11, 1955, ch. 788, §17, as added Pub. L. 112–74, div. I, title VII, §7081(b), Dec. 23, 2011, 125 Stat. 1259.)
§282p. Capital increases and amendment to the Articles of Agreement
(a) Votes authorized
The United States Governor of the Corporation is authorized to vote in favor of—
(1) a resolution to increase the authorized capital stock of the Corporation by 16,999,998 shares, to implement the conversion of a portion of the retained earnings of the Corporation into paid-in capital, which will result in the United States being issued an additional 3,771,899 shares of capital stock, without any cash contribution;
(2) a resolution to increase the authorized capital stock of the Corporation on a general basis by 4,579,995 shares; and
(3) a resolution to increase the authorized capital stock of the Corporation on a selective basis by 919,998 shares.
(b) Amendment of the Articles of Agreement
The United States Governor of the Corporation is authorized to agree to and accept an amendment to article II, section 2(c)(ii) of the Articles of Agreement of the Corporation that would increase the vote by which the Board of Governors of the Corporation may increase the capital stock of the Corporation from a four-fifths majority to an eighty-five percent majority.
(Aug. 11, 1955, ch. 788, §18, as added Pub. L. 116–136, div. B, title XI, §21012(b)(2), Mar. 27, 2020, 134 Stat. 594.)
Statutory Notes and Related Subsidiaries
Purposes; Effective Date
Pub. L. 116–136, div. B, title XI, §21012(a), Mar. 27, 2020, 134 Stat. 593, provided that: "For purposes of strengthening the ability of foreign countries to prevent, prepare for, and respond to coronavirus and to the adverse economic impacts of coronavirus, in a manner that would protect the United States from the spread of coronavirus and mitigate an international economic crisis resulting from coronavirus that may pose a significant risk to the economy of the United States, each paragraph of subsection (b) [enacting this section and sections 284cc, 290g–25, and 290i–12 of this title and amending section 286e–2 of this title] shall take effect upon enactment of this Act [Mar. 27, 2020]."
[For definition of "coronavirus" as used in section 21012(a) of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.]
SUBCHAPTER XII—INTER-AMERICAN DEVELOPMENT BANK
§283. Acceptance of membership by United States in Inter-American Development Bank
The President is hereby authorized to accept membership for the United States in the Inter-American Development Bank (hereinafter referred to as the "Bank"), provided for by the agreement establishing the bank (hereinafter referred to as the "agreement") deposited in the archives of the Organization of American States.
(Pub. L. 86–147, §2, Aug. 7, 1959, 73 Stat. 299.)
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 86–147, §1, Aug. 7, 1959, 73 Stat. 299, provided that: "This Act [enacting this subchapter and amending section 24 of Title 12, Banks and Banking] may be cited as the 'Inter-American Development Bank Act'."
Proposals for Joint Act by Participants in Inter-American Development Bank for Increased Exploration and Exploitation of Energy and Mineral Resources of Western Hemisphere
Pub. L. 96–259, title I, §102, June 3, 1980, 94 Stat. 430, which required Presidential evaluation and report on a proposal for joint action by countries of Western Hemisphere and other countries which participate in Inter-American Development Bank to increase exploration for and exploitation of energy and mineral resources of Western Hemisphere through multilateral incentives, administered by Inter-American Development Bank, was repealed by Pub. L. 101–240, title V, §541(d)(6), Dec. 19, 1989, 103 Stat. 2518.
Par Value Modification
For Congressional direction that the Secretary of the Treasury maintain the value in terms of gold of the Inter-American Development Bank's holdings of United States dollars following the establishment of a par value of the dollar at $38 for a fine troy ounce of gold pursuant to the Par Value Modification Act and for the authorization of the appropriations necessary to provide such maintenance of value, see section 5152 of Title 31, Money and Finance.
§283a. Appointment of officers; term of office; salary
(a) Governor and alternate governor
The President, by and with the advice and consent of the Senate, shall appoint a governor of the Bank and an alternate for the governor. The term of office for the governor and the alternate governor shall be five years, but each shall remain in office until a successor has been appointed.
(b) Executive director and alternate executive director
The President, by and with the advice and consent of the Senate, shall appoint an executive director of the Bank and an alternate Executive Director. Except as provided for in article XV, section 3, of the agreement, the term of office for the executive director shall be three years, but he shall remain in office until a successor has been appointed.
(c) Compensation
No person shall be entitled to receive any salary or other compensation from the United States for services as a governor, alternate governor, or executive director.
(Pub. L. 86–147, §3, Aug. 7, 1959, 73 Stat. 299; Pub. L. 91–599, ch. 2, §21(b), Dec. 30, 1970, 84 Stat. 1658.)
Editorial Notes
Amendments
1970—Subsec. (b). Pub. L. 91–599 authorized appointment of an alternate Executive Director.
§283b. National Advisory Council on International Monetary and Financial Problems
The provisions of section 286b of this title shall apply with respect to the Bank to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund.
(Pub. L. 86–147, §4, Aug. 7, 1959, 73 Stat. 299; Pub. L. 101–240, title V, §541(e)(2), Dec. 19, 1989, 103 Stat. 2518.)
Editorial Notes
Amendments
1989—Pub. L. 101–240 struck out at end "Reports with respect to the Bank under paragraphs (5) and (6) of subsection (b) of section 286b of this title shall be included in the first report made thereunder after the establishment of the Bank and in each succeeding report."
Executive Documents
Delegation of Functions
Functions of National Advisory Council on International Monetary and Financial Problems under this section delegated to National Advisory Council on International Monetary and Financial Policies, see section 2(a) of Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note under section 286b of this title.
§283c. Congressional authorization needed for certain actions
Unless Congress by law authorizes such action, neither the President nor any person or agency shall, on behalf of the United States, (a) subscribe to additional shares of stock under article II, section 3, or article IIA, section 2, of the agreement; (b) request or consent to any change in the quota of the United States under article IV, section 3, of the agreement; (c) accept any amendment under article XII of the agreement; or (d) make a loan or provide other financing to the Bank, except that loans or other financing may be provided to the Bank by a United States agency created pursuant to an Act of Congress which is authorized by law to make loans or provide other financing to international organizations. Unless Congress by law authorizes such actions, no governor or alternate appointed to represent the United States shall vote for any increase of capital stock of the Bank under article II, section 2, or article IIA, section 1, of the agreement or any increase in the resources of the Fund for Special Operations under article IV, section 3(g) thereof.
(Pub. L. 86–147, §5, Aug. 7, 1959, 73 Stat. 299; Pub. L. 94–302, title I, §103(a)(2), May 31, 1976, 90 Stat. 593.)
Editorial Notes
Amendments
1976—Pub. L. 94–302 inserted ", or article IIA, section 2," after "article II, section 3" and "or article IIA, section 1," after "article II, section 2,".
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Pub. L. 94–302, title I, §103(b), May 31, 1976, 90 Stat. 593, provided that: "The amendments made by paragraphs (2) and (3) of this section [amending this section and section 283h of this title] shall become effective upon approval by the Board of Governors of the Bank of the resolutions referred to in section 23 of the Inter-American Development Bank Act (22 U.S.C. 283 et seq.)."
§283d. Federal Reserve banks as depositories
Any Federal Reserve bank which is requested to do so by the Bank shall act as its depository or as its fiscal agent and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(Pub. L. 86–147, §6, Aug. 7, 1959, 73 Stat. 300.)
§283e. Payment of subscription to Bank and Fund by United States
(a) Authorization of appropriations
There is hereby authorized to be appropriated, without fiscal year limitation, for the purchase of thirty-five thousand shares of capital stock in the Bank, $350 million. In addition, there is authorized to be appropriated, without fiscal year limitation, for payment of the subscription of the United States to the Fund for Special Operations, $100 million.
(b) Issuance of special notes
For the purpose of keeping to a minimum the cost to the United States of participation in the Bank, the Secretary of the Treasury, after paying the requisite part of the subscription and quota of the United States in the Bank required to be made under article II, section 4, and article IV, section 3, respectively, of the agreement, is authorized and directed to issue special notes of the United States from time to time, at par, and to deliver such notes to the Bank in exchange for dollars to the extent permitted by the agreement. The special notes provided for in this subsection shall be issued under the authority and subject to the provisions of chapter 31 of title 31, and the purposes for which securities may be issued under that chapter are extended to include the purposes for which special notes are authorized and directed to be issued under this subsection, but such notes shall bear no interest, shall be nonnegotiable, and shall be payable on demand of the Bank. The face amount of special notes issued to the Bank under the authority of this subsection and outstanding at any one time shall not exceed, in the aggregate, the amount of the subscription and quota of the United States actually paid to the Bank under article II, section 4, and article IV, section 3, respectively, of the agreement.
(c) Income covered into Treasury
Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
(Pub. L. 86–147, §7, Aug. 7, 1959, 73 Stat. 300.)
Editorial Notes
Codification
In subsec. (b), "chapter 31 of title 31" and "that chapter" substituted for "the Second Liberty Bond Act, as amended" and "that Act", respectively, on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
§283f. Jurisdiction and venue of actions
For the purpose of any action which may be brought within the United States, its Territories or possessions, or the Commonwealth of Puerto Rico by or against the Bank in accordance with the agreement, the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office in the United States is located, and any such action at law or in equity to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States shall have original jurisdiction of any such action. When the Bank is a defendant in any such action, it may, at any time before the trial thereof, remove such action from a State court into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law.
(Pub. L. 86–147, §8, Aug. 7, 1959, 73 Stat. 300.)
§283g. Status, privileges, and immunities of the United States
The provisions of article X, section 4(c), and article XI, sections 2 to 9, both inclusive, of the agreement shall have full force and effect in the United States, its Territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in, and the establishment of, the Bank.
(Pub. L. 86–147, §9, Aug. 7, 1959, 73 Stat. 301.)
§283h. Securities issued by Bank; reports to and of Securities and Exchange Commission
(a) Exempt securities; reports of Bank to Commission
Any securities issued by the Bank (including any guarantee by the Bank, whether or not limited in scope) in connection with raising of funds for including in the Bank's capital resources as defined in article II, section 5, and article IIA, section 4, of the agreement, and any securities guaranteed by the Bank as to both principal and interest to which the commitment in article II, section 4(a)(ii), or article IIA, section 3(c), of the agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of subsection (a)(2) of section 77c of title 15 and subsection (a)(12) of section 78c of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the Public interest or for the protection of investors.
(b) Suspension of exemption provisions; annual reports of Commission to Congress
The Securities and Exchange Commission, acting in consultation with the National Advisory Council on International Monetary and Financial Problems, is authorized to suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this section and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission.
(Pub. L. 86–147, §11, Aug. 7, 1959, 73 Stat. 301; Pub. L. 94–302, title I, §103(a)(3), May 31, 1976, 90 Stat. 593.)
Editorial Notes
Amendments
1976—Subsec. (a). Pub. L. 94–302 struck out "ordinary" after "in the Bank's" and inserted "and article IIA, section 4" after "article II, section 5" and "or article IIA, section 3(c)" after "article II, section 4(a)(ii)".
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
For effective date of amendment by Pub. L. 94–302, see section 103(b) of Pub. L. 94–302, set out as a note under section 283c of this title.
Executive Documents
Delegation of Functions
Functions of National Advisory Council on International Monetary and Financial Problems delegated to National Advisory Council on International Monetary and Financial Policies, see section 2(a) of Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note under section 286b of this title.
§283i. Repealed. Pub. L. 101–240, title V, §541(d)(3), Dec. 19, 1989, 103 Stat. 2518
Section, Pub. L. 86–147, §12, Aug. 7, 1959, 73 Stat. 301, related to reports on effectiveness of section 283h of this title and section 24 of Title 12, Banks and Banking, on development of economic resources in member countries.
§283j. Increased United States participation in Bank activities
The United States Governor of the Bank is hereby authorized (1) to vote (A) for the increases in the authorized capital stock of the Bank under article II, Section 2, of the agreement, and (B) for an increase in the resources of the Fund for Special Operations under article IV, section 3, of the agreement, all as recommended by the Executive Directors in a report dated March 18, 1963, to the Board of Governors of the Bank; (2) to agree on behalf of the United States to subscribe to its proportionate share of the $1,000,000,000 increase in the authorized callable capital stock of the Bank; and (3) to vote for an amendment to article VIII, section 3, of the agreement to provide that the Board of Governors may, upon certain conditions, increase by one the number of Executive Directors.
(Pub. L. 86–147, §13, as added Pub. L. 88–259, §1, Jan. 22, 1964, 78 Stat. 3.)
§283j–1. Audit
(a) Establishment
The Secretary of the Treasury shall instruct the United States Executive Director to propose the establishment by the Board of Executive Directors of a program of selective but continuing independent and comprehensive audit of the Inter-American Development Bank, in accordance with such terms of reference as the Board of Executive Directors itself (or through a subcommittee), may prescribe. Such proposal shall provide that the audit reports be submitted to the Board of Executive Directors and to the Board of Governors.
(b) Scope and standards
The Secretary of the Treasury shall prepare the scope of the audit and the auditing and reporting standards for the use of the United States Executive Director in assisting in the formulation of the terms of reference.
(c) Reports
The reports of the National Advisory Council on International Monetary and Financial Policies to the Congress shall include, among other things, an appraisal of the effectiveness of the implementation and administration of the loans made by the Bank based upon the audit reports. The Comptroller General may review the reports of audit and findings issued and report to the Secretary of the Treasury and the Congress any suggestions he might have in improving the scope of the audit or auditing and reporting standards of the independent auditing firm, group, or staff.
(Pub. L. 86–147, §14, as added Pub. L. 90–88, §1, Sept. 22, 1967, 81 Stat. 227; amended Pub. L. 104–316, title I, §111(b), Oct. 19, 1996, 110 Stat. 3833.)
Editorial Notes
Amendments
1996—Subsec. (b). Pub. L. 104–316 substituted "Secretary of the Treasury shall prepare" for "Comptroller General of the United States shall prepare for the Secretary of the Treasury".
Subsec. (c). Pub. L. 104–316 substituted "may review" for "shall periodically review" in second sentence.
§283k. Authorization of appropriations
(a) Capital stock of Inter-American Development Bank
There is hereby authorized to be appropriated, without fiscal year limitation, for payment of the increased United States subscription to the capital stock of the Inter-American Development Bank, $411,760,000.
(b) Fund for Special Operations of the Inter-American Development Bank
There is hereby authorized to be appropriated, for payment of the increased United States subscription to the Fund for Special Operations of the Inter-American Development Bank, $50,000,000.
(Pub. L. 88–259, §2, Jan. 22, 1964, 78 Stat. 3.)
Editorial Notes
Codification
Section was not enacted as part of Pub. L. 86–147, Aug. 7, 1959, 73 Stat. 299, known as the Inter-American Development Bank Act, which comprises this subchapter.
§283l. Increase in resources of the Fund for Special Operations
(a) Authorization of vote; payment to Fund
The United States Governor of the Bank is hereby authorized to vote in favor of the resolution entitled "Increase of Resources of the Fund for Special Operations" proposed by the Governors at their annual meeting in April 1964, and now pending before the Board of Governors of the Bank. Upon the adoption of such resolution, the United States Governor is authorized to agree, on behalf of the United States to pay to the Fund for Special Operations of the Bank, the sum of $750,000,000, in accordance with and subject to the terms and conditions of such resolution.
(b) Authorization of appropriations
There is hereby authorized to be appropriated without fiscal year limitation, for the United States share in the increase in the resources of the Fund for Special Operations of the Bank, the sum of $750,000,000.
(c) Loan disapproval by the United States
With respect to any dollars herein provided, the voting power of the United States shall be exercised for the purpose of disapproving any loan from the Fund for Special Operations of the Bank for any project, enterprise, or activity in any country, during any period for which the President has suspended assistance to the government of such country because of any action taken on or after January 1, 1962, by the government of such country or any government agency or subdivision within such country as specified in paragraph (A), (B), or (C) of subsection (e)(1) of section 2370 of this title, and the failure of such country within a reasonable time to take appropriate steps to discharge its obligations or provide relief in accordance with provisions of such subsection.
(Pub. L. 86–147, §15, formerly §14, as added Pub. L. 89–6, Mar. 24, 1965, 79 Stat. 23; renumbered §15, Pub. L. 90–88, §1, Sept. 22, 1967, 81 Stat. 226.)
§283m. Additional increases in resources of the Fund for Special Operations
(a) Authorization of vote; payment to Fund
The United States Governor of the Bank is hereby authorized to vote in favor of the resolution entitled "Increase of $1,200,000,000 in Resources of Fund for Special Operations" proposed by the Governors at their annual meeting in April 1967 and now pending before the Board of Governors of the Bank. Upon the adoption of such resolution, the United States Governor is authorized to agree, on behalf of the United States, to pay to the Fund for Special Operations of the Bank, the sum of $900,000,000, in accordance with and subject to the terms and conditions of such resolution, and subject to the further condition that in consideration of the United States balance-of-payments deficit any local cost financing, by project or otherwise, with the funds authorized under this section to be held to the minimum possible level. The United States Governor is also authorized to vote in favor of the amendment to Annex C of the agreement, now pending before the Board of Governors of the Bank, to modify the procedure employed in the election of Executive Directors.
(b) Authorization of appropriations
There is hereby authorized to be appropriated without fiscal year limitation, for the United States share in the increase in the resources of the Fund for Special Operations of the Bank, the sum of $900,000,000.
(c) Loan disapproval by the United States
The voting power of the United States shall be exercised for the purpose of disapproving any loan which might assist the recipient country directly or indirectly to acquire sophisticated or heavy military equipment.
(Pub. L. 86–147, §16, as added Pub. L. 90–88, §2, Sept. 22, 1967, 81 Stat. 227.)
§283n. Increase in authorized capital stock; United States share; authorization of appropriations
(a) The United States Governor of the Bank is hereby authorized (1) to vote for an increase in the authorized capital stock of the Bank under article II, section 2, of the agreement as recommended by the Board of Executive Directors in its report of April 1967, to the Board of Governors of the Bank; and (2) to agree on behalf of the United States to subscribe to its proportionate share of the $1,000,000,000 increase in the authorized callable capital stock of the bank.
(b) There is hereby authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury of the increased United States subscription to the capital stock of the Inter-American Development Bank, $411,760,000.
(Pub. L. 86–147, §17, as added Pub. L. 90–325, June 4, 1968, 82 Stat. 168.)
§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
(a) The United States Governor of the Bank is hereby authorized to vote in favor of the two resolutions proposed by the Governors at their annual meeting in April 1970 and now pending before the Board of Governors of the Bank, which provide for (1) an increase in the authorized capital stock to the Bank and additional subscriptions of members thereto and (2) an increase in the resources of the Fund for Special Operations and contributions thereto. Upon adoption of such resolutions the United States Governor is authorized to agree on behalf of the United States (1) to subscribe to eighty-two thousand three hundred and fifty-two shares of $10,000 par value of the increase in the authorized capital stock of the Bank of which sixty-seven thousand three hundred and fifty-two shall be callable shares and fifteen thousand shall be paid in and (2) to pay to the Fund for Special Operations an initial annual installment of $100,000,000 and, upon further authorization by the Congress two subsequent annual installments of $450,000,000 each, in accordance with and subject to the terms and conditions of such resolutions.
(b) There are hereby authorized to be appropriated, without fiscal year limitation, the amounts necessary for payment by the Secretary of the Treasury of (1) three annual installments of $50,000,000 each for the United States subscription to paid-in capital stock of the Bank; (2) two installments of $336,760,000 each for the United States subscription to the callable capital stock of the Bank; and (3) one installment of $100,000,000 for the United States share of the increase in the resources of the Fund for Special Operations of the Bank.
(Pub. L. 86–147, §18, as added Pub. L. 91–599, ch. 2, §21(a), Dec. 30, 1970, 84 Stat. 1658.)
§283p. Authorization for payment of United States contribution to increase Fund for Special Operations; authorization of appropriations
(a) The United States Governor of the Bank is authorized to pay to the Fund for Special Operations two annual installments of $450,000,000 each in accordance with and subject to the terms and conditions of the resolution adopted by the Board of Governors on December 31, 1970, concerning an increase in the resources of the Fund for Special Operations and contributions thereto.
(b) There are hereby authorized to be appropriated, without fiscal year limitation, the amounts necessary for payment by the Secretary of the Treasury of the two annual installments of $450,000,000 each for the United States share of the increase in the resources of the Fund for Special Operations of the Bank.
(Pub. L. 86–147, §19, as added Pub. L. 92–246, §1, Mar. 10, 1972, 86 Stat. 59.)
§283q. Articles of agreement; authorization to agree to amendments
The United States Governor of the Bank is authorized to agree to amendments to the provisions of the articles of agreement as provided in proposed Board of Governors resolutions entitled (a) "Amendment of the Provisions of the Agreement Establishing the Bank with Respect to Membership and to Related Matters" and (b) "Amendment of the Provisions of the Agreement Establishing the Bank with Respect to the Election of Executive Directors".
(Pub. L. 86–147, §20, as added Pub. L. 92–246, §1, Mar. 10, 1972, 86 Stat. 59.)
§283r. Expropriation of United States property; loan restrictions
The President shall instruct the United States Executive Director of the Bank to vote against any loan or other utilization of the funds of the Bank for the benefit of any country which has—
(1) nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens;
(2) taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; or
(3) imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned;
unless the President determines that (A) an arrangement for prompt, adequate, and effective compensation has been made, (B) the parties have submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes, or (C) good faith negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the applicable principles of international law.
(Pub. L. 86–147, §21, as added Pub. L. 92–246, §1, Mar. 10, 1972, 86 Stat. 59.)
§283s. Illegal drug traffic; loan restrictions
The Secretary of the Treasury shall instruct the United States Executive Director of the Bank to vote against any loan or other utilization of the funds of the Bank for the benefit of any country with respect to which the President has made a determination, and so notified the Secretary of the Treasury, that the government of such country has failed to take adequate steps to prevent narcotic drugs and other controlled substances (as defined by the Comprehensive Drug Abuse Prevention and Control Act of 1970 [21 U.S.C. 801 et seq.]) produced or processed, in whole or in part, in such country, or transported through such country, from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents, or from entering the United States unlawfully. Such instruction shall continue in effect until the President determines, and so notifies the Secretary of the Treasury, that the government of such country has taken adequate steps to prevent such sale or entry of narcotic drugs and other controlled substances.
(Pub. L. 86–147, §22, as added Pub. L. 92–246, §2, Mar. 10, 1972, 86 Stat. 60.)
Editorial Notes
References in Text
The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in text, is Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236, which is classified principally to chapter 13 (§801 et seq.) of Title 21, Food and Drugs. For complete classification of this act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
§283t. Authorization to vote on proposed resolutions
The United States Governor of the Bank is authorized to vote for three proposed resolutions of the Board of Governors entitled (a) "Amendments to the Agreement Establishing the Bank with respect to the Creation of the Inter-Regional Capital Stock of the Bank and to Related Matters", (b) "General Rules Governing Admission of Nonregional Countries to Membership in the Bank", and (c) "Increase in the Authorized Callable Ordinary Capital Stock and Subscriptions Thereto in Connection with the Admission of Nonregional Member Countries", which were submitted to the Board of Governors pursuant to a resolution of the Board of Executive Directors approved on March 4, 1975.
(Pub. L. 86–147, §23, as added Pub. L. 94–302, title I, §103(a)(1), May 31, 1976, 90 Stat. 592.)
§283u. Membership in the Bank for the Bahamas and Guyana
The United States Governor of the Bank is authorized to agree to the amendments to article II, section 1(b) and article IV, section 3(b) of the Agreement Establishing the Bank, as proposed by the Board of Executive Directors, to provide for membership for the Bahamas and Guyana in the Bank at such times and in accordance with such terms as the Bank may determine.
(Pub. L. 86–147, §24, as added Pub. L. 94–302, title I, §103(a)(1), May 31, 1976, 90 Stat. 592.)
§283v. Loans to the Caribbean Development Bank
The United States Governor of the Bank is authorized to agree to the amendments to article III, sections 1, 4, and 6(b) of the Agreement Establishing the Bank, as proposed by the Board of Executive Directors, to provide for lending to the Caribbean Development Bank.
(Pub. L. 86–147, §25, as added Pub. L. 94–302, title I, §103(a)(1), May 31, 1976, 90 Stat. 592.)
§283w. Increase in authorized capital stock of Bank and increase in resources of Fund for Special Operations; United States share; authorization of appropriations
(a) The United States Governor of the Bank is hereby authorized to vote in favor of two resolutions proposed by the Governors at a special meeting in July 1975, and now pending before the Board of Governors of the Bank, which provide for (1) an increase in the authorized capital stock of the Bank and additional subscriptions of members thereto and (2) an increase in the resources of the Fund for Special Operations and contributions thereto. Upon adoption of such resolutions, the United States Governor is authorized to agree on behalf of the United States (1) to subscribe to ninety-nine thousand four hundred and seventy-four shares of $10,000 par value of the increase in the authorized capital stock of the Bank of which eighty-nine thousand five hundred and twenty-six shall be callable shares and nine thousand nine hundred and forty-eight shall be paid in and (2) to contribute to the Fund for Special Operations $600,000,000, in accordance with and subject to the terms and conditions of such resolutions.
(b) There are hereby authorized to be appropriated, without fiscal year limitation, the amounts necessary for payment by the Secretary of the Treasury of (1) $1,199,997,873 for the United States subscription to the capital stock of the Bank and (2) $600,000,000 for the United States share of the increase in the resources of the Fund for Special Operations: Provided, however, That not more than $15,677,000 may be made available to the Fund for Special Operations for the fiscal year 1982.
(Pub. L. 86–147, §26, as added Pub. L. 94–302, title I, §101, May 31, 1976, 90 Stat. 591; amended Pub. L. 97–35, title XIII, §1351(c), Aug. 13, 1981, 95 Stat. 744.)
Editorial Notes
Amendments
1981—Subsec. (b). Pub. L. 97–35 inserted provision limiting amount of appropriations available for Fund for Special Operations for fiscal year 1982.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 effective Aug. 13, 1981, except that any funds authorized to be appropriated shall not be available for use or obligation prior to Oct. 1, 1981, see section 1372 of Pub. L. 97–35, set out as an Effective Date note under section 290i of this title.
§283x. Subscription to additional shares; authorization of appropriations
(a) The United States Governor of the Bank is hereby authorized to vote for an additional increase of one hundred and eight thousand shares of $10,000 par value in the authorized callable capital stock of the Bank as recommended in the resolution of the Board of Governors entitled "Increase of US$4 Billion in the Authorized Capital Stock and Subscriptions Thereto." Upon adoption of a Board of Governors resolution increasing the authorized capital stock of the Bank by such amount, the United States Governor is authorized to agree on behalf of the United States to subscribe to thirty-seven thousand three hundred and three shares of $10,000 par value of such additional increase in callable capital in accordance with and subject to the terms and conditions of such resolution.
(b) In order to pay for the increase in the United States subscription to the Bank provided for in this section, there is hereby authorized to be appropriated, without fiscal year limitation, $450,002,218 for payment by the Secretary of the Treasury.
(Pub. L. 86–147, §27, as added Pub. L. 94–302, title I, §101, May 31, 1976, 90 Stat. 591.)
§283y. Repealed. Pub. L. 95–118, title VII, §702, Oct. 3, 1977, 91 Stat. 1070
Section, Pub. L. 86–147, §28, as added Pub. L. 94–302, title I, §103(a)(1), May 31, 1976, 90 Stat. 592; H. Res. 5, Jan. 4, 1977, set forth provisions relating to United States participation in financial assistance by Inter-American Development Bank to any country engaging in a consistent pattern of gross violations of internationally recognized human rights. See section 262d of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as an Effective Date note under section 282i of this title.
§283z. Proposal of light-capital or intermediate technologies as part of Bank's development strategy
(a) Contents of proposed resolution
The United States Executive Director of the Bank shall propose to the Board of Executive Directors of the Bank the adoption of a resolution providing (1) that the development and utilization of light-capital or intermediate technologies should be accepted as major facets of the Bank's development strategy, and (2) that such light-capital or intermediate technologies should be developed and utilized as soon as possible in all Bank activities. Such resolution shall further provide that, by the close of the calendar year 1977, some projects that employ primarily such light-capital or intermediate technologies shall be designed and approved.
(b) Progress report to Congress
The United States Governor of the Bank shall report to the Congress no later than six months after May 31, 1976, on the proposal made under subsection (a), and no later than twelve months after such date on the progress that has been made with respect to such proposal.
(Pub. L. 86–147, §28, formerly §29, as added Pub. L. 94–302, title I, §104, May 31, 1976, 90 Stat. 593; renumbered §28, Pub. L. 96–259, title I, §101(1), June 3, 1980, 94 Stat. 429.)
Editorial Notes
Prior Provisions
A prior section 28 of Pub. L. 86–147, as added by section 103(a)(1) of Pub. L. 94–302, was classified to section 283y of this title prior to repeal by Pub. L. 95–118, title VII, §702, Oct. 3, 1977, 91 Stat. 1070.
§283z–1. Increase in authorized capital stock of Bank and increase in resources of Fund for Special Operations
(a) United States share
The United States Governor of the Bank is authorized to vote for two resolutions which were proposed by the Governors at a special meeting in December 1978 and are pending before the Board of Governors of the Bank. These resolutions provide for (1) an increase in the authorized capital stock of the Bank and additional subscriptions thereto, and (2) an increase in the resources of the Fund for Special Operations and contributions thereto. Upon adoption of these resolutions, the United States Governor is authorized on behalf of the United States (A) to subscribe to two hundred twenty-seven thousand eight hundred and ninety-six shares of the increase in the authorized capital stock of the Bank, of which two hundred ten thousand eight hundred and four shall be callable and seventeen thousand and ninety-two shall be paid-in, and (B) to contribute to the Fund for Special Operations $630,000,000; except that any commitment to make such subscriptions to paid-in and callable capital stock and to make such contributions to the Fund for Special Operations shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.
(b) Authorization of appropriations
In order to pay for the increase in the United States subscription and contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury (1) $2,474,287,189 for the United States subscription to the capital stock of the Bank, and (2) $630,000,000 for the United States share of the increase in the resources of the Fund for Special Operations: Provided, however, That for contributions to the Fund for Special Operations, not more than $175,000,000 may be made available for the fiscal year 1982, and not more than $105,000,000 may be made available for the fiscal year 1983.
(c) Funding requirements
For the purpose of keeping to a minimum the cost to the United States, the Secretary of the Treasury—
(1) shall pay the United States contribution to the Fund for Special Operations authorized by this section by letter of credit in four annual installments; and
(2) shall take the steps necessary to obtain a certification from the Bank that any undisbursed balances resulting from drawdowns on such letter of credit will not exceed at any time the United States share of expected disbursement requirements for the following three-month period.
(d) Limitation of funds to members of Bank
None of the funds authorized to be appropriated by this section may be used for any form of assistance to any country which is not a member of the Bank.
(Pub. L. 86–147, §29, as added Pub. L. 96–259, title I, §101(2), June 3, 1980, 94 Stat. 429; amended Pub. L. 97–35, title XIII, §1351(b), Aug. 13, 1981, 95 Stat. 744.)
Editorial Notes
Amendments
1981—Subsec. (b). Pub. L. 97–35 inserted provision limiting amount of appropriations available for Fund for Special Operations for fiscal years 1982 and 1983.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 effective Aug. 13, 1981, except that any funds authorized to be appropriated shall not be available for use or obligation prior to Oct. 1, 1981, see section 1372 of Pub. L. 97–35, set out as an Effective Date note under section 290i of this title.
§283z–2. Contribution to Inter-American Development Bank; authorization of appropriations
(a) The United States Governor of the Bank is authorized on behalf of the United States to contribute to the Fund for Special Operations $70,000,000: Provided, however, That any commitment to make such contribution shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for a portion of the increase in the United States subscription to the capital stock of the Bank provided for in section 283z–1(a) of this title and for the United States contribution to the Fund for Special Operations provided for in this section, there are authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury, (1) $274,920,799 for the United States subscription, and (2) $70,000,000 for the United States contribution to the Fund for Special Operations: Provided, however, That no funds may be made available for such contribution to the Fund for Special Operations for the fiscal year 1982.
(Pub. L. 86–147, §30, as added Pub. L. 97–35, title XIII, §1351(a), Aug. 13, 1981, 95 Stat. 744.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Aug. 13, 1981, except that any funds authorized to be appropriated shall not be available for use or obligation prior to Oct. 1, 1981, see section 1372 of Pub. L. 97–35, set out as a note under section 290i of this title.
§283z–3. Increase in authorized capital stock of Bank and increases in resources of Fund for Special Operations; United States share; authorization of appropriations
(a)(1) The United States Governor of the Bank is authorized to vote for resolutions—
(A) which were proposed by the Governors at a special meeting in February 1983;
(B) which are pending before the Board of Governors of the Bank; and
(C) which provide for—
(i) an increase in the authorized capital stock of the Bank and subscriptions thereto; and
(ii) an increase in the resources of the Fund for Special Operations and contributions thereto.
(2)(A) Upon adoption of the resolutions specified in paragraph (1), the United States Governor of the Bank is authorized on behalf of the United States to—
(i) subscribe to 427,396 shares of the increase in the authorized capital stock of the Bank; and
(ii) contribute $350,000,000 to the Fund for Special Operations.
(B) Any commitment to make such subscriptions to paid-in and callable capital stock and to make such contributions to the Fund for Special Operations shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.
(b) In order to pay for the increase in the United States subscription and contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury—
(1) $5,155,862,744 for the United States subscriptions to the capital stock of the Bank; and
(2) $350,000,000 for the United States share of the increase in the resources of the Fund for Special Operations.
(Pub. L. 86–147, §31, as added Pub. L. 98–181, title I [title X, §1001], Nov. 30, 1983, 97 Stat. 1284.)
§283z–4. Amendments to Articles of Agreement in resolution on Merger of Interregional and Ordinary Capital Resources
The United States Governor of the Inter-American Development Bank is hereby authorized to agree to and to accept the amendments to the Articles of Agreement in the proposed resolution entitled "Merger of Inter-regional and Ordinary Capital Resources".
(Pub. L. 86–147, §32, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section 32 of Pub. L. 86–147 is based on section 501 of title V of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§283z–5. Capital increase; increase in resources of Fund for Special Operations
(a) Authority to vote for, and to subscribe and contribute to, increase in authorized capital stock of Bank and increase in resources of Fund for Special Operations
(1) Vote authorized
The United States Governor of the Bank is authorized to vote for resolutions which—
(A) were transmitted by the Board of Executive Directors to the Governors of the Bank by resolution of April 19, 1989;
(B) are pending before the Board of Governors of the Bank; and
(C) provide for—
(i) an increase in the authorized capital stock of the Bank and subscriptions to the Bank; and
(ii) an increase in the resources of the Fund for Special Operations and contributions to the Fund.
(2) Subscription and contribution authority
To the extent and in the amounts provided in advance in appropriations Acts, on adoption of the resolutions described in paragraph (1), the United States Governor of the Bank may, on behalf of the United States—
(A) subscribe to 760,112 shares of the increase in the authorized capital stock of the Bank; and
(B) contribute $82,304,000 to the Fund for Special Operations.
(b) Limitation on authorization of appropriations
To pay for the subscription and contribution authorized under subsection (a), there are authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury—
(1) $9,169,559,712, for the United States subscription to the capital stock of the Bank; and
(2) $82,304,000, for the United States contribution to the Fund for Special Operations.
(c) Organizational changes required to be made before payment for subscription to capital stock and contribution to Fund for Special Operations
The Secretary of the Treasury may not make any payment for the subscription and contribution authorized under subsection (a) unless the Bank—
(1) has established an environmental unit with responsibility for the development, evaluation, and integration of Bank policies, projects, and programs designed to promote environmentally sustainable development in borrower countries;
(2) has increased the number of the staff of the Bank with environmentally oriented responsibilities and training;
(3) provides for an increase in the number of environmentally beneficial projects and programs financed by the Bank; and
(4) has designed a process for ensuring the access of indigenous non-governmental organizations to the process for designing projects and programs.
(d) Certification of access to Bank records required before payment for subscription to capital stock and contribution to Fund for Special Operations
The Secretary of the Treasury shall not make any payment for the subscription and contribution authorized under subsection (a) until the Secretary, after consultation with the United States Executive Director of the Bank, certifies to the Congress that—
(1) the Bank has given the Comptroller General of the United States access to the audit memorandum issued by the Auditor General of the Bank with respect to the November 1987 disbursement of funds to the Government of Nicaragua;
(2) the Bank has implemented and is continuing to implement revised procedures issued in 1988 for collecting loan services payments in arrears;
(3) the revised procedures referred to in paragraph (2) satisfy the recommendations of the Auditor General of the Bank; and
(4) the Comptroller General of the United States has access to all documents of the Bank on the same terms and under the same conditions as such documents are made available to the United States Executive Director of the Bank.
(Pub. L. 86–147, §33, as added Pub. L. 101–240, title II, §201, Dec. 19, 1989, 103 Stat. 2496.)
§283z–6. Investment in human capital
(a) In general
The Secretary of the Treasury shall instruct the United States Executive Director of the Inter-American Development Bank to propose and use the voice and vote of such director, during the 4-year period beginning on January 1, 1990, to vigorously promote an increase in the proportion of Bank lending in support of projects and programs which support investments in human capital and to seek the rapid implementation by the Bank of systematic mechanisms of consultation with locally affected populations in borrower countries either directly or through appropriate representative non-governmental organizations.
(b) "Investments in human capital" defined
As used in subsection (a), the term "investments in human capital" means investments in projects, policies, and programs designed to improve urban and rural health care and sanitation, basic nutrition, education, the small-producer private sector, the economic activities of women, and the development of indigenous non-governmental organizations.
(Pub. L. 86–147, §34, as added Pub. L. 101–240, title II, §202(a), Dec. 19, 1989, 103 Stat. 2498.)
Statutory Notes and Related Subsidiaries
Report to Congress
Pub. L. 101–240, title II, §202(b), Dec. 19, 1989, 103 Stat. 2498, provided that the Chairman of the National Advisory Council on International Monetary and Financial Policies would include in the report required by section 262r of this title for fiscal year 1991 a report on the efforts undertaken by the United States Executive Director of the Inter-American Development Bank in achieving the objectives of this section.
§283z–7. Limitations on policy based lending
The Secretary of the Treasury shall—
(1) take all necessary steps to encourage the Bank to limit the aggregate value of the policy based loans made by the Bank (other than policy based loans made to any country which the Bank has determined is economically less developed or has a limited market economy, which are used to purchase sovereign debt of such country or to reduce the debt or debt service burden of such country) during the 4-year period beginning on January 1, 1990, to 25 percent of the aggregate value of all loans made by the Bank during such 4-year period;
(2) take all necessary steps to encourage the Bank to limit the aggregate value of the policy based loans made by the Bank to the government of a particular country during such 4-year period, to 50 percent of the aggregate value of all loans made by the Bank to such government during such 4-year period;
(3) instruct the United States Executive Director of the Bank to explore with the other Executive Directors of the Bank ways to use a portion of the resources made available to the Bank by reason of the subscription and contribution described in section 283z–5(a)(2) of this title for debt reduction and debt service reduction for countries described in paragraph (1); and
(4) before the end of the 12-month period beginning on December 19, 1989, report to the Congress on the matters described in paragraph (3).
(Pub. L. 86–147, §35, as added Pub. L. 101–240, title II, §203, Dec. 19, 1989, 103 Stat. 2498.)
§283z–8. Increase in lending to Caribbean
The Secretary of the Treasury shall instruct the United States Executive Director of the Bank to enter into discussions with the management of the Bank and with other member country governments to seek to increase Bank lending to the Caribbean region, directly or through appropriate financial intermediaries, for viable projects which will—
(1) result in expanded regional economic integration, diversification, and industrial and agricultural production, and improved infrastructure; and
(2) seek to ensure equitable and environmentally sustainable economic growth.
(Pub. L. 86–147, §36, as added Pub. L. 101–240, title II, §204, Dec. 19, 1989, 103 Stat. 2499.)
§283z–9. Multilateral Investment Fund
(a) Authorization of contribution
The Secretary of the Treasury is authorized to contribute, and to make payment of, $500,000,000 to the Multilateral Investment Fund established pursuant to the agreements of February 11, 1992: Provided, That such funds shall only be disbursed from the Fund to countries that have governments that are democratically elected,1 that do not harbor or sponsor international terrorists; that do not fail to cooperate in narcotics matters; and that do not engage in a consistent pattern of gross violations of internationally recognized human rights.
(b) Authorization of appropriations
There is hereby authorized to be appropriated without fiscal year limitation $500,000,000 for the contribution authorized in subsection (a).
(c) Environmental assessment of actions
If an Enterprise for the Americas Multilateral Investment Fund is established pursuant to this section, the Secretary of the Treasury shall instruct the United States representative to the Fund not to vote in favor of any action proposed to be taken by the Fund which may have a significant adverse effect on the environment unless an assessment of the impact of the action on the environment has been available for at least 120 days before the vote.
(Pub. L. 86–147, §37, as added Pub. L. 102–391, title V, §594(b), Oct. 6, 1992, 106 Stat. 1693.)
1 So in original. The comma probably should be a semicolon.
§283z–10. Focus on low-income areas of Latin America and Caribbean
The Secretary of the Treasury shall direct the United States Executive Director of the Bank to use the voice and vote of the United States to support an increased focus on the poorest countries in Latin America and the Caribbean, and on poorer areas of better off countries, and to support programs conducted by the Multilateral Investment Fund, particularly in targeting low-income countries and populations, working with nongovernmental organizations and training and assisting former combatants from civil conflicts in Latin America.
(Pub. L. 86–147, §38, as added Pub. L. 103–306, title V, §526(f), Aug. 23, 1994, 108 Stat. 1634.)
§283z–11. First replenishment of the resources of the Enterprise for the Americas Multilateral Investment Fund
(a) Contribution authority
(1) In general
The Secretary of the Treasury may contribute on behalf of the United States $150,000,000 to the first replenishment of the resources of the Enterprise for the Americas Multilateral Investment Fund.
(2) Subject to appropriations
The authority provided by paragraph (1) may be exercised only to the extent and in the amounts provided for in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
For the United States contribution authorized by subsection (a), there are authorized to be appropriated not more than $150,000,000, without fiscal year limitation, for payment by the Secretary of the Treasury.
(Pub. L. 86–147, §39, as added Pub. L. 109–289, div. B, title II, §20410, as added Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 25.)
§283z–12. Authority to vote for and contribute to an increase in resources of the Fund for Special Operations; providing debt relief to Haiti
(a) Vote authorized
In accordance with section 283c of this title, the United States Governor of the Bank is authorized to vote in favor of a resolution to increase the resources of the Fund for Special Operations up to $479,000,000, in furtherance of providing debt relief for Haiti in view of the Cancun Declaration of March 21, 2010, which provides that:
(1) Haiti's debts to the Fund for Special Operations are to be cancelled;
(2) Haiti's remaining local currency conversion obligations to the Fund for Special Operations are to be cancelled;
(3) undisbursed balances of existing loans of the Fund for Special Operations to Haiti are to be converted to grants; and
(4) the Fund for Special Operations is to make available significant and immediate grant financing to Haiti as well as appropriate resources to other countries remaining as borrowers within the Fund for Special Operations, consistent with paragraph 6 of the Cancun Declaration of March 21, 2010.
(b) Contribution authority
To the extent and in the amount provided in advance in appropriations Acts the United States Governor of the Bank may, on behalf of the United States and in accordance with section 283c of this title, contribute up to $252,000,000 to the Fund for Special Operations, which will provide for debt relief of:
(1) up to $240,000,000 to the Fund for Special Operations;
(2) up to $8,000,000 to the International Fund For Agricultural Development (IFAD); and
(3) up to $4,000,000 for the International Development Association (IDA).
(c) Authorization of appropriations
To pay for the contribution authorized under subsection (b), there are authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury $212,000,000, for the United States contribution to the Fund for Special Operations.
(Pub. L. 86–147, §40, as added Pub. L. 111–212, title I, §1009, July 29, 2010, 124 Stat. 2330.)
§283z–13. Ninth Capital Increase
(a) Vote authorized
The United States Governor of the Bank is authorized to vote in favor of a resolution to increase the capital stock of the Bank by $70,000,000,000 as described in Resolution AG–7/10, "Report on the Ninth General Capital Increase in the resources of the Inter-American Development Bank" as approved by Governors on July 21, 2010.
(b) Subscription authorized
(1) The United States Governor of the Bank may subscribe on behalf of the United States to 1,741,135 additional shares of the capital stock of the Bank.
(2) Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts.
(c) Limitations on authorization of appropriations
(1) In order to pay for the increase in the United States subscription to the Bank under subsection (b), there are authorized to be appropriated, without fiscal year limitation, $21,004,064,337 for payment by the Secretary of the Treasury.
(2) Of the amount authorized to be appropriated under paragraph (1)—
(A) $510,090,175 shall be for paid in shares of the Bank; and
(B) $20,493,974,162 shall be for callable shares of the Bank.
(Pub. L. 86–147, §41, as added Pub. L. 112–74, div. I, title VII, §7081(c), Dec. 23, 2011, 125 Stat. 1260.)
SUBCHAPTER XII–A—INTER-AMERICAN INVESTMENT CORPORATION
§283aa. Acceptance of membership
The President is hereby authorized to accept membership for the United States in the Inter-American Investment Corporation (hereinafter in this subchapter referred to as the "Corporation") provided for by the agreement establishing the Corporation (hereinafter in this subchapter referred to as the "agreement") deposited in the archives of the Inter-American Development Bank.
(Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885.)
Editorial Notes
Codification
Section is based on section 202 of title II of S. 2416, Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted into law by Pub. L. 98–473.
Statutory Notes and Related Subsidiaries
Short Title
Section 201 of title II of S. 2416, as introduced in the Senate Mar. 13, 1984, and as enacted into permanent law by Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1885, provided that: "This title [enacting this subchapter and amending section 276c–2 of this title and section 24 of Title 12, Banks and Banking] may be cited as the 'Inter-American Investment Corporation Act'."
§283bb. Governor, Director, and alternates
The Governor and Executive Director of the Inter-American Development Bank, and the alternate for each of them, appointed under section 283a of this title, shall serve as Governor, Director, and alternates, respectively, of the Corporation.
(Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885.)
Editorial Notes
Codification
Section is based on section 203 of title II of S. 2416, Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted into law by Pub. L. 98–473.
§283cc. Applicability of Bretton Woods Agreements Act
The provisions of section 286b of this title shall apply with respect to the Corporation to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund.
(Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885; Pub. L. 101–240, title V, §541(e)(3), Dec. 19, 1989, 103 Stat. 2518.)
Editorial Notes
Codification
Section is based on section 204 of title II of S. 2416, Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted into law by Pub. L. 98–473.
Amendments
1989—Pub. L. 101–240 struck out at end "Reports with respect to the Corporation under paragraphs (5) and (6) of subsection (b) of section 286b of this title shall be included in the first and subsequent reports made thereunder after the United States accepts membership in the Corporation."
§283dd. Restrictions
(a) 1 Unless authorized by law, neither the President nor any person or agency shall, on behalf of the United States—
(1) subscribe to additional shares of stock of the Corporation;
(2) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which changes the purpose or functions of the Corporation; or
(3) make a loan or provide other financing to the Corporation.
(Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885.)
Editorial Notes
Codification
Section is based on section 205 of title II of S. 2416, Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted into law by Pub. L. 98–473.
1 So in original. No subsec. (b) has been enacted.
§283ee. Federal Reserve banks as depositories
Any Federal Reserve bank which is requested to do so by the Corporation shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885.)
Editorial Notes
Codification
Section is based on section 206 of title II of S. 2416, Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted into law by Pub. L. 98–473.
§283ff. Subscription of stock
(a) Secretary of the Treasury as subscribing authority
The Secretary of the Treasury is authorized to subscribe on behalf of the United States to five thousand one hundred shares of the capital stock of the Corporation: Provided, however, That the subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Authorization of appropriations
There is authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury of the subscription of the United States for those shares, $51,000,000.
(c) Disposition of dividends
Any payment of dividends made to the United States by the Corporation shall be deposited into the Treasury as a miscellaneous receipt.
(Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885.)
Editorial Notes
Codification
Section is based on section 207 of title II of S. 2416, Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted into law by Pub. L. 98–473.
Statutory Notes and Related Subsidiaries
First General Capital Increase
Pub. L. 106–113, div. B, §1000(a)(2) [title V, §594], Nov. 29, 1999, 113 Stat. 1535, 1501A-122, provided in part that the Secretary of the Treasury may effect the United States participation in the first general capital increase of the Inter-American Investment Corporation, and authorized $125,180,000 to be appropriated without fiscal year limitation for payment by the Secretary for paid-in capital of the Corporation.
§283gg. Jurisdiction of United States courts
For the purposes of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Corporation in accordance with the agreement, the Corporation shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States or its agent appointed for the purpose of accepting service or notice of service is located, and any such action to which the Corporation shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28, shall have original jurisdiction of any such action. When the Corporation is a defendant in any action in a State court, it may at any time before the trial thereof remove the action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28.
(Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885.)
Editorial Notes
Codification
Section is based on section 208 of title II of S. 2416, Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted into law by Pub. L. 98–473.
§283hh. Effectiveness of agreement
Article VI, section 4(c), and article VII, sections 2 to 9, both inclusive, of the agreement shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in the Corporation.
(Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885.)
Editorial Notes
Codification
Section is based on section 209 of title II of S. 2416, Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted into law by Pub. L. 98–473.
§283ii. Securities issued by the Corporation
(a) Exempted securities
Any securities issued by the Corporation (including any guarantee by the Corporation, whether or not limited in scope) in connection with the raising of funds for inclusion in the Corporation's resources as defined in article II, section 2 of the agreement, and any securities guaranteed by the Corporation as to both principal and interest to which the commitment in article II, section 2(e) of the agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of section 77c(a)(2) of title 15 and section 78c(a)(12) of title 15. The Corporation shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Corporation and its operations as necessary in the public interest or for the protection of investors.
(b) Suspension by Securities and Exchange Commission
The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, is authorized to suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Corporation during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this section and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission.
(Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885.)
Editorial Notes
Codification
Section is based on section 210 of title II of S. 2416, Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted into law by Pub. L. 98–473.
Executive Documents
Delegation of Functions
Section 2 of Ex. Ord. No. 12567, Oct. 2, 1986, 51 F.R. 35495, provided that: "The functions vested in the President by Section 210 of the Inter-American Investment Corporation Act [this section] are hereby delegated to the Secretary of the Treasury."
SUBCHAPTER XIII—INTERNATIONAL DEVELOPMENT ASSOCIATION
§284. Acceptance of membership by United States in International Development Association
The President is hereby authorized to accept membership for the United States in the International Development Association (hereinafter referred to as the "Association"), provided for by the Articles of Agreement (hereinafter referred to as the "Articles") of the Association deposited in the archives of the International Bank for Reconstruction and Development.
(Pub. L. 86–565, §2, June 30, 1960, 74 Stat. 293.)
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 86–565, §1, June 30, 1960, 74 Stat. 293, provided that: "This Act [enacting this subchapter] may be cited as the 'International Development Association Act'."
Par Value Modification
For Congressional direction that the Secretary of the Treasury maintain the value in terms of gold of the International Development Association's holdings of United States dollars following the establishment of a par value of the dollar at $38 for a fine troy ounce of gold pursuant to the Par Value Modification Act and for the authorization of the appropriations necessary to provide such maintenance of value, see section 5152 of Title 31, Money and Finance.
§284a. Governor, executive director, and alternates of Association
The Governor and Executive Director of the International Bank for Reconstruction and Development, and the alternate for each of them, appointed under section 286a of this title, shall serve as Governor, Executive Director and alternates, respectively, of the Association.
(Pub. L. 86–565, §3, June 30, 1960, 74 Stat. 293.)
§284b. National Advisory Council on International Monetary and Financial Problems
The provisions of section 286b of this title, shall apply with respect to the Association to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund.
(Pub. L. 86–565, §4, June 30, 1960, 74 Stat. 294; Pub. L. 101–240, title V, §541(e)(4), Dec. 19, 1989, 103 Stat. 2518.)
Editorial Notes
Amendments
1989—Pub. L. 101–240 struck out at end "Reports with respect to the Association under paragraphs (5) and (6) of subsection (b) of section 286b of this title, shall be included in the first report made thereunder after the establishment of the Association and in each succeeding report."
Executive Documents
Delegation of Functions
Functions of National Advisory Council on International Monetary and Financial Problems under this section delegated to National Advisory Council on International Monetary and Financial Policies, see section 2(a) of Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note under section 286b of this title.
§284c. Congressional authorization needed for certain actions
Unless Congress by law authorizes such action, neither the President nor any person or agency shall, on behalf of the United States, (a) subscribe to additional funds under article III, section 1, of the articles; (b) accept any amendment under article IX of the articles; or (c) make a loan or provide other financing to the Association.
(Pub. L. 86–565, §5, June 30, 1960, 74 Stat. 294.)
§284d. Federal Reserve banks as depositories
Any Federal Reserve bank which is requested to do so by the Association shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(Pub. L. 86–565, §6, June 30, 1960, 74 Stat. 294.)
§284e. Payment of subscription to Association by United States
(a) Authorization of appropriations for subscription
There is hereby authorized to be appropriated, without fiscal year limitation, for the subscription of the United States to the Association, $320,290,000.
(b) Increase in Association resources; contribution; authorization of appropriations
The United States Governor is hereby authorized (1) to vote for an increase in the resources of the Association and (2) to agree on behalf of the United States to contribute to the Association the sum of $312 million, both as recommended by the Executive Directors, in a report dated September 9, 1963, to the Board of Governors of the Association. There is hereby authorized to be appropriated out of funds supplied by the Nation's taxpayers or out of funds borrowed on their credit, without fiscal year limitations, $312 million to provide the United States share of the increase in the resources of the Association.
(c) Issuance of special notes
For the purpose of keeping to a minimum the cost to the United States of participation in the Association, the Secretary of the Treasury is authorized and directed to issue special notes of the United States from time to time, at par, and to deliver such notes to the Association in exchange for dollars to the extent permitted by the articles. The special notes provided for in this subsection shall be issued under the authority and subject to the provisions of chapter 31 of title 31, and the purposes for which securities may be issued under that chapter are extended to include the purposes for which special notes are authorized and directed to be issued under this subsection, but such notes shall bear no interest, shall be nonnegotiable, and shall be payable on demand of the Association. The face amount of special notes issued to the Association under the authority of this subsection and outstanding at any one time shall not exceed, in the aggregate, the amount actually paid to the Association under the articles.
(d) Income covered into Treasury
Any payment made to the United States by the Association as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
(Pub. L. 86–565, §7, June 30, 1960, 74 Stat. 294; Pub. L. 88–310, §§1, 2, May 26, 1964, 78 Stat. 200.)
Editorial Notes
Codification
In subsec. (c), "chapter 31 of title 31" and "that chapter" substituted for "the Second Liberty Bond Act, as amended" and "that Act", respectively, on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Amendments
1964—Subsecs. (b) to (d). Pub. L. 88–310 added subsec. (b), redesignated former subsec. (b) as (c) and struck out ", after paying the requisite part of the subscription of the United States in the Association required to be made under the articles." after "Secretary of the Treasury" in first sentence and "of the subscription of the United States" after "amount" in third sentence, respectively, and redesignated former subsec. (c) as (d).
§284f. Jurisdiction and venue of actions
For the purpose of any action which may be brought within the United States, its possessions, or the Commonwealth of Puerto Rico, by or against the Association in accordance with the articles, the Association shall be deemed to be an inhabitant of the Federal Judicial district in which its principal office in the United States is located, and any such action at law or in equity to which the Association shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States shall have original jurisdiction of any such action. When the Association is a defendant in any such action, it may, at any time before the trial thereof, remove such action from a State court into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law.
(Pub. L. 86–565, §8, June 30, 1960, 74 Stat. 294.)
§284g. Status, privileges, and immunities of the United States
The provisions of article VII, section 5(d), and article VIII sections 2 to 9, both inclusive, of the articles shall have full force and effect in the United States, its possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in, and the establishment of, the Association.
(Pub. L. 86–565, §9, June 30, 1960, 74 Stat. 295.)
§284h. Second replenishment; authorization of appropriations
The United States Governor is hereby authorized (1) to vote in favor of the second replenishment resolutions providing for an increase in the resources of the Association, and (2) to agree on behalf of the United States to contribute to the Association the sum of $480,000,000, as recommended by the Executive Directors in a report dated March 8, 1968, to the Board of Governors of the Association. There is hereby authorized to be appropriated, without fiscal year limitation, $480,000,000 for payment by the Secretary of the Treasury of the United States share of the increase in the resources of the Association.
(Pub. L. 86–565, §10, as added Pub. L. 91–14, May 23, 1969, 83 Stat. 10.)
§284i. Third replenishment; authorization of appropriations
The United States Governor is hereby authorized to agree on behalf of the United States to contribute to the Association three annual installments of $320,000,000 each as recommended in the "Report of the Executive Directors to the Board of Governors on Additions to IDA Resources: Third Replenishment," dated July 21, 1970. There is hereby authorized to be appropriated, without fiscal year limitation, the amounts necessary for payment by the Secretary of the Treasury of three annual installments of $320,000,000 each for the United States share of the increase in the resources of the Association.
(Pub. L. 86–565, §11, as added Pub. L. 92–247, §1, Mar. 10, 1972, 86 Stat. 60.)
§284j. Expropriation of United States property; loan restrictions
The President shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development and the International Development Association to vote against any loan or other utilization of the funds of the Bank and the Association for the benefit of any country which has—
(1) nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by the United States citizens;
(2) taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; or
(3) imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned;
unless the President determines that (A) an arrangement for prompt, adequate, and effective compensation has been made, (B) the parties have submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes, or (C) good faith negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the applicable principles of international law.
(Pub. L. 86–565, §12, as added Pub. L. 92–247, §1, Mar. 10, 1972, 86 Stat. 60.)
§284k. Illegal drug traffic; loan restrictions
The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development and the International Development Association to vote against any loan or other utilization of the funds of the Bank and the Association for the benefit of any country with respect to which the President has made a determination, and so notified the Secretary of the Treasury, that the government of such country has failed to take adequate steps to prevent narcotic drugs and other controlled substances (as defined by the Comprehensive Drug Abuse Prevention and Control Act of 1970 [21 U.S.C. 801 et seq.]) produced or processed, in whole or in part, in such country, or transported through such country, from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents, or from entering the United States unlawfully. Such instruction shall continue in effect until the President determines, and so notifies the Secretary of the Treasury, that the government of such country has taken adequate steps to prevent such sale or entry of narcotic drugs and other controlled substances.
(Pub. L. 86–565, §13, as added Pub. L. 92–247, §2, Mar. 10, 1972, 86 Stat. 61.)
Editorial Notes
References in Text
The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in text, is Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236, which is classified principally to chapter 13 (§801 et seq.) of Title 21, Food and Drugs. For classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
§284l. Fourth replenishment; authorization of appropriations
(a) The United States Governor is hereby authorized to agree on behalf of the United States to pay to the Association four annual installments of $375,000,000 each as the United States contribution to the Fourth Replenishment of the Resources of the Association.
(b) In order to pay for the United States contribution, there is hereby authorized to be appropriated without fiscal year limitation four annual installments of $375,000,000 each for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §14, as added Pub. L. 93–373, §1, Aug. 14, 1974, 88 Stat. 445.)
§284m. Repealed. Pub. L. 95–118, title VII, §702, Oct. 3, 1977, 91 Stat. 1070
Section, Pub. L. 86–565, §15, as added Pub. L. 93–373, §3, Aug. 14, 1974, 88 Stat. 445, set forth provisions relating to United States participation in loans by the International Development Association to any country developing any nuclear explosive device. See section 262d of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as an Effective Date note under section 282i of this title.
§284n. Fifth replenishment; authorization of appropriations
(a) The United States Governor is authorized to agree on behalf of the United States to pay to the Association $2,400,000,000 as the United States contribution to the fifth replenishment of the Resources of the Association: Provided, however, That any commitment to make such contributions shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $2,400,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §16, as added Pub. L. 95–118, title IV, §401, Oct. 3, 1977, 91 Stat. 1068.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 3, 1977, except that no funds authorized to be appropriated by this section may be available for use or obligation prior to Oct. 1, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title.
§284o. Sixth replenishment; authorization of appropriations
(a) The United States Governor is authorized to agree on behalf of the United States to pay to the Association $3,240,000,000 as the United States contribution to the sixth replenishment of the resources of the Association: Provided, however, That any commitment to make such contributions shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contributions provided for in this section, there is authorized to be appropriated, without fiscal year limitation, $3,240,000,000 for payment by the Secretary of the Treasury: Provided, however, That not more than $850,000,000 of such sum may be made available for the fiscal year 1982 and not more than $945,000,000 of such sum may be made available for the fiscal year 1983.
(Pub. L. 86–565, §17, as added Pub. L. 97–35, title XIII, §1321, Aug. 13, 1981, 95 Stat. 740.)
Statutory Notes and Related Subsidiaries
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.
§284p. Seventh replenishment; authorization of appropriations
(a) The United States Governor is hereby authorized to agree on behalf of the United States to pay to the Association $2,250,000,000 as the United States contribution to the seventh replenishment of the resources of the Association, except that any commitment to make such contributions shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $2,250,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §18, as added Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885.)
Editorial Notes
Codification
Section 18 of Pub. L. 86–565 is based on section 901 of S. 2582, Ninety-eighth Congress, as reported Apr. 18, 1984, and enacted into law by Pub. L. 98–473.
Statutory Notes and Related Subsidiaries
Credits Available to Sub-Saharan Africa
Pub. L. 98–473, title I, §101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885, provided: "That the Secretary of the Treasury shall instruct the United States Executive Director to undertake negotiations to ensure, to the maximum extent possible consistent with the effective use of resources, that the amount of development credits made available to sub-Saharan Africa through the seventh replenishment shall equal or exceed the amount of development credits made available to sub-Saharan Africa through the sixth replenishment."
§284q. Special Facility for Sub-Saharan Africa
(a) The Secretary of the Treasury shall pay to the Special Facility for Sub-Saharan Africa, administered by the Association, amounts appropriated pursuant to subsection (b).
(b) For purposes of the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $225,000,000.
(Pub. L. 86–565, §19, as added Pub. L. 99–190, §101(i) [title I, (a)], Dec. 19, 1985, 99 Stat. 1291, 1294.)
Editorial Notes
Codification
Section 19 of Pub. L. 86–565 is based on section 102 of title I of H.R. 2253, Ninety-ninth Congress, as reported May 15, 1985, and enacted into law by Pub. L. 99–190.
Statutory Notes and Related Subsidiaries
Congressional Findings
Section 101 of title I of H.R. 2253, as enacted into permanent law by Pub. L. 99–190, §101(i) [title I], Dec. 19, 1985, 99 Stat. 1291, 1294, provided that: "The Congress hereby finds that—
"(1) Sub-Saharan Africa faces a virtually unprecedented condition of human misery which threatens the lives of one hundred and fifty million people;
"(2) only the combined effort of both the African nations themselves and international aid donors can overcome the obstacles to economic development which have given rise to conditions of famine, declining food production, infant mortality, desertification, and deteriorating infrastructure;
"(3) international relief efforts have helped to address the immediate crisis of starvation in Africa and the United States has made important contributions to this effort both bilaterally and through contributions to the multilateral development institutions;
"(4) there is a serious shortfall in the external capital resources necessary to support the policy reform efforts of the African governments and to achieve the long-term development necessary to avert a chronic state of crisis in Sub-Saharan Africa;
"(5) the Special Facility for Sub-Saharan Africa will have as its primary goal the implementation of policy reforms to help the African countries to help themselves;
"(6) to succeed, these efforts must be reinforced by development resources;
"(7) the appalling conditions prevalent in the countries of Sub-Saharan Africa underscore the need for the United States to participate in a coordinated framework with the other aid donor countries; and
"(8) the Special Facility for Sub-Saharan Africa provides such a framework and it is in the humanitarian, economic, and strategic interests of the United States to participate."
§284r. Eighth replenishment; authorization of appropriations
(a) The United States Governor is hereby authorized to agree on behalf of the United States to pay to the Association $2,875,000,000 to the eighth replenishment of the resources of the Association, except that any commitment to make such contributions shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $2,875,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §20, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section 20 of Pub. L. 86–565 is based on section 101 of title I of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§284s. Ninth replenishment
(a) In general
The United States Governor is hereby authorized to agree on behalf of the United States to pay to the Association $3,180,000,000 to the ninth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.
(b) Limitations on authorization of appropriations
In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,180,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §21, as added Pub. L. 101–513, title V, §562(a)(1), Nov. 5, 1990, 104 Stat. 2032.)
Statutory Notes and Related Subsidiaries
Subsequent Replenishments
Pub. L. 106–113, div. B, §1000(a)(2) [title V, §594], Nov. 29, 1999, 113 Stat. 1535, 1501A-122, provided in part that the Secretary of the Treasury may contribute on behalf of the United States to the twelfth replenishment of the International Development Association, and authorized $2,410,000,000 to be appropriated without fiscal year limitation.
Pub. L. 105–118, title V, §560(a), Nov. 26, 1997, 111 Stat. 2425, provided in part that the Secretary of the Treasury may contribute on behalf of the United States to the eleventh replenishment of the resources of the International Development Association, subject to obtaining the necessary appropriations, and authorized $1,600,000,000 to be appropriated without fiscal year limitation.
Pub. L. 103–87, title V, §526, Sept. 30, 1993, 107 Stat. 952, provided in part that the Secretary of the Treasury is authorized to agree on behalf of the United States to participate in the tenth replenishment of the resources of the International Development Association, subject to obtaining the necessary appropriations, and pursuant to the tenth replenishment authorized $2,500,000,000 to be appropriated.
§284t. Thirteenth replenishment
(a) Contribution authority
(1) In general
The United States Governor of the Association may contribute on behalf of the United States an amount equal to the amount appropriated under subsection (b), pursuant to the resolution of the Association entitled "Additions to IDA Resources: Thirteenth Replenishment".
(2) Subject to appropriations
Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury, without fiscal year limitation.
(Pub. L. 86–565, §22, as added Pub. L. 108–199, div. D, title V, §580, Jan. 23, 2004, 118 Stat. 202.)
§284u. Fourteenth replenishment
(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $2,850,000,000 to the fourteenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $2,850,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §23, as added Pub. L. 109–102, title V, §599C(a), Nov. 14, 2005, 119 Stat. 2242.)
§284v. Fifteenth replenishment
(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,705,000,000 to the fifteenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,705,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §24, as added Pub. L. 111–32, title XI, §1109(a), June 24, 2009, 123 Stat. 1901.)
§284w. Multilateral debt relief
(a) Authorization of contribution
The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $356,000,000 to the International Development Association for the purpose of funding debt relief under the Multilateral Debt Relief Initiative in the period governed by the fifteenth replenishment of resources of the International Development Association, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on June 24, 2009.
(b) Appropriations
In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $356,000,000 for payment by the Secretary of the Treasury.
(c) Multilateral Debt Relief Initiative
In this section, the term "Multilateral Debt Relief Initiative" means the proposal set out in the G8 Finance Ministers' Communique entitled "Conclusions on Development," done at London, June 11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit on July 8, 2005.
(Pub. L. 86–565, §25, as added Pub. L. 111–32, title XI, §1109(a), June 24, 2009, 123 Stat. 1901.)
§284x. Sixteenth replenishment
(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $4,075,500,000 to the sixteenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $4,075,500,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §26, as added Pub. L. 112–74, div. I, title VII, §7083(a), Dec. 23, 2011, 125 Stat. 1262.)
§284y. Multilateral debt relief
(a) Authorization of contribution
The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $474,000,000 to the International Development Association for the purpose of funding debt relief cost under the Multilateral Debt Relief Initiative incurred in the period governed by the sixteenth replenishment of resources of the International Development Association, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on December 23, 2011.
(b) Appropriations
In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $474,000,000 for payment by the Secretary of the Treasury.
(c) Multilateral Debt Relief Initiative
In this section, the term "Multilateral Debt Relief Initiative" means the proposal set out in the G8 Finance Ministers' Communiqué entitled "Conclusions on Development", done at London, June 11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit on July 8, 2005.
(Pub. L. 86–565, §27, as added Pub. L. 112–74, div. I, title VII, §7083(a), Dec. 23, 2011, 125 Stat. 1262.)
§284z. Seventeenth replenishment
(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,871,800,000 to the seventeenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,871,800,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §28, as added Pub. L. 113–235, div. J, title VII, §7083(b), Dec. 16, 2014, 128 Stat. 2684.)
§284aa. Multilateral debt relief
(a) The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $565,020,000 to the International Development Association for the purpose of funding debt relief costs under the Multilateral Debt Relief Initiative incurred in the period governed by the seventeenth replenishment of resources of the International Development Association, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on December 16, 2014.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $565,020,000 for payment by the Secretary of the Treasury.
(c) In this section, the term "Multilateral Debt Relief Initiative" means the proposal set out in the G8 Finance Ministers' Communique entitled "Conclusions on Development," done at London, June 11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit on July 8, 2005.
(Pub. L. 86–565, §29, as added Pub. L. 113–235, div. J, title VII, §7083(b), Dec. 16, 2014, 128 Stat. 2684.)
§284bb. Eighteenth replenishment
(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,291,030,000 to the eighteenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,291,030,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §30, as added Pub. L. 115–141, div. K, title VII, §7083(b), Mar. 23, 2018, 132 Stat. 966.)
§284cc. Nineteenth replenishment
(a) In general
The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,004,200,000 to the nineteenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.
(b) Authorization of appropriations
In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,004,200,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §31, as added Pub. L. 116–136, div. B, title XI, §21012(b)(1), Mar. 27, 2020, 134 Stat. 593.)
§284dd. Twentieth replenishment
(a) In general
The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,500,000,000 to the twentieth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.
(b) Authorization of appropriations
In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,500,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 86–565, §32, as added Pub. L. 117–328, div. K, title VII, §7072(a), Dec. 29, 2022, 136 Stat. 5091.)
SUBCHAPTER XIV—ASIAN DEVELOPMENT BANK
§285. Acceptance of membership by United States in Asian Development Bank
The President is hereby authorized to accept membership for the United States in the Asian Development Bank (hereinafter referred to as the "Bank") provided for by the agreement establishing the Bank (hereinafter referred to as the "agreement") deposited in the archives of the United Nations.
(Pub. L. 89–369, §2, Mar. 16, 1966, 80 Stat. 71.)
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 89–369, §1, Mar. 16, 1966, 80 Stat. 71, provided: "That this Act [enacting this subchapter and amending section 24 of Title 12, Banks and Banking] may be cited as the 'Asian Development Bank Act'."
Par Value Modification
For Congressional direction that the Secretary of the Treasury maintain the value in terms of gold of the Asian Development Bank's holdings of United States dollars following the establishment of a par value of the dollar at $38 for a fine troy ounce of gold pursuant to the Par Value Modification Act and for the authorization of the appropriations necessary to provide such maintenance of value, see section 5152 of Title 31, Money and Finance.
§285a. Appointment of Governor, Alternate Governor and Director; compensation
(a) The President shall appoint—
(1) a Governor of the Bank and an alternate for the Governor—
(A) by and with the advice and consent of the Senate; or
(B) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate; and
(2) a Director of the Bank, by and with the advice and consent of the Senate.
(b) No person shall be entitled to receive any salary or other compensation from the United States for services as a Governor or Alternate Governor. The Director may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received by him from the Bank, will equal those authorized for a chief of mission under the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.].
(Pub. L. 89–369, §3, Mar. 16, 1966, 80 Stat. 71; Pub. L. 96–465, title II, §2206(a)(1), Oct. 17, 1980, 94 Stat. 2160; Pub. L. 112–166, §2(aa), Aug. 10, 2012, 126 Stat. 1289.)
Editorial Notes
References in Text
The Foreign Service Act of 1980, referred to in subsec. (b), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
Amendments
2012—Subsec. (a). Pub. L. 112–166 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The President, by and with the advice and consent of the Senate, shall appoint a Governor of the Bank, an alternate for the Governor, and a Director of the Bank."
1980—Subsec. (b). Pub. L. 96–465 substituted "a chief of mission under the Foreign Service Act of 1980" for "a Chief of Mission, class 2, within the meaning of the Foreign Service Act of 1946, as amended".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§285b. Coordination of policies and operations
The policies and operations of the representatives of the United States on the Bank shall be coordinated with other United States policies in such manner as the President shall direct.
(Pub. L. 89–369, §4, Mar. 16, 1966, 80 Stat. 71; Pub. L. 101–240, title V, §541(d)(2), (f)(3), Dec. 19, 1989, 103 Stat. 2518, 2519.)
Editorial Notes
Amendments
1989—Pub. L. 101–240 struck out subsec. (a) designation and struck out subsec. (b) which read as follows: "An annual report with respect to United States participation in the Bank shall be submitted to the Congress by such agency or officer as the President shall designate."
§285c. Congressional authorization needed for certain actions
Unless the Congress by law authorizes such action, neither the President nor any person or agency shall, on behalf of the United States, (a) subscribe to additional shares of stock of the Bank; (b) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which would change the purpose or functions of the Bank; or (c) make a loan or provide other financing to the Bank, except that funds for technical assistance note to exceed $1,000,000 in any one year may be provided to the Bank by a United States agency created pursuant to an Act of Congress which is authorized by law to provide funds to international organizations.
(Pub. L. 89–369, §5, Mar. 16, 1966, 80 Stat. 72.)
Statutory Notes and Related Subsidiaries
Subsequent Replenishments
Pub. L. 105–118, title V, §560(a), Nov. 26, 1997, 111 Stat. 2425, provided in part that the Secretary of the Treasury may contribute on behalf of the United States to the sixth replenishment of the resources of the Asian Development Fund, subject to obtaining the necessary appropriations, and authorized $400,000,000 to be appropriated without fiscal year limitation.
Pub. L. 103–87, title V, §526, Sept. 30, 1993, 107 Stat. 952, provided in part that the Secretary of the Treasury is authorized to agree on behalf of the United States to participate in the fifth replenishment of the Asian Development Fund, subject to obtaining the necessary appropriations.
§285d. Federal Reserve banks as depositories
Any Federal Reserve bank which is requested to do so by the Bank shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(Pub. L. 89–369, §6, Mar. 16, 1966, 80 Stat. 72.)
§285e. Authorization of appropriations; income covered into Treasury
(a) There is hereby authorized to be appropriated, without fiscal year limitation, for the purchase of twenty thousand shares of capital stock of the Bank, $200,000,000.
(b) Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
(Pub. L. 89–369, §7, Mar. 16, 1966, 80 Stat. 72.)
§285f. Jurisdiction and venue of actions
For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Bank in accordance with the agreement, the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office or agency in the United States is located, and any such action to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28, shall have original jurisdiction of any such action. When the Bank is a defendant in any action in a State court, it may, at any time before the trial thereof, remove such action into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law.
(Pub. L. 89–369, §8, Mar. 16, 1966, 80 Stat. 72.)
§285g. Status, immunities, and privileges
The agreement, and particularly articles 49 through 56, shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in, and the establishment of, the Bank. The President, at the time of deposit of the instrument of acceptance of membership by the United States in the Bank, shall also deposit a declaration that the United States retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to its citizens or nationals.
(Pub. L. 89–369, §9, Mar. 16, 1966, 80 Stat. 72.)
§285h. Securities issued by Bank as exempt securities; suspension of exemption provisions; reports to and of Securities and Exchange Commission
(a) Any securities issued by the Bank (including any guarantee by the Bank, whether or not limited in scope) in connection with raising of funds for inclusion in the Bank's ordinary capital resources as defined in article 7 of the agreement and any securities guaranteed by the Bank as to both principal and interest to which the commitment in article 6, section 5, of the agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of subsection (a)(2) of section 77c of title 15, and subsection (a)(12) of section 78c of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the public interest or for the protection of investors.
(b) The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, is authorized to suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this section and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission.
(Pub. L. 89–369, §11, Mar. 16, 1966, 80 Stat. 73.)
§285i. Authorization for payment of United States contribution; United States Special Resources
(a) Subject to the provisions of this subchapter, the United States Governor of the Bank is authorized to enter into an agreement with the Bank providing for a United States contribution of $100,000,000 to the Bank in two annual installments of $60,000,000 and $40,000,000, beginning in fiscal year 1972. This contribution is referred to hereinafter in this subchapter as the "United States Special Resources".
(b) The United States Special Resources shall be made available to the Bank pursuant to the provisions of this subchapter and article 19 of the Articles of Agreement of the Bank, and in a manner consistent with the Bank's Special Funds Rules and Regulations.
(Pub. L. 89–369, §12, as added Pub. L. 92–245, §1, Mar. 10, 1972, 86 Stat. 57.)
§285j. United States Special Resources
(a) Development projects and programs
The United States Special Resources shall be used to finance specific high priority development projects and programs in developing member countries of the Bank with emphasis on such projects and programs in the Southeast Asia region.
(b) Authorized uses
The United States Special Resources shall be used by the Bank only for—
(1) making development loans on terms which may be more flexible and bear less heavily on the balance of payments than those established by the Bank for its ordinary operations; and
(2) providing technical assistance credits on a reimbursable basis.
(c) Eligible goods and services
(1) The United States Special Resources may be expended by the Bank only for procurement in the United States of goods produced in, or services supplied from the United States, except that the United States Governor, in consultation with the National Advisory Council on International Monetary and Financial Policies, may allow eligibility for procurement in other member countries from the United States Special Resources if he determines that such procurement eligibility would materially improve the ability of the Bank to carry out the objectives of its special funds resources and would be compatible with the international financial position of the United States.
(2) The United States Special Resources may be used to pay for administrative expenses arising from the use of the United States Special Resources, but only to the extent such expenses are not covered from the Bank's service fee or income from use of United States Special Resources.
(d) Repayment in dollars
All financing of programs and projects by the Bank from the United States Special Resources shall be repayable to the Bank by the borrowers in United States dollars.
(Pub. L. 89–369, §13, as added Pub. L. 92–245, §1, Mar. 10, 1972, 86 Stat. 57.)
Executive Documents
Delegation of Functions
Functions of National Advisory Council on International Monetary and Financial Problems delegated to National Advisory Council on International Monetary and Financial Policies, see section 2(a) of Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note under section 286b of this title.
§285k. Utilization of United States Special Resources
(a) The letters of credit provided for in section 285l of this title shall be issued to the Bank only to the extent that at the time of issuance the cumulative amount of the United States Special Resources provided to the Bank (A) constitute a minority of all special funds contributions to the Bank, and (B) are no greater than the largest cumulative contribution of any other single country contributing to the special funds of the Bank.
(b) The United States Governor of the Bank shall give due regard to the principles of (A) utilizing all special funds resources on an equitable basis, and (B) significantly shared participation by other contributors in each special fund to which United States Special Resources are provided.
(Pub. L. 89–369, §14, as added Pub. L. 92–245, §1, Mar. 10, 1972, 86 Stat. 58.)
§285l. Letter of credit form for United States Special Resources
The United States Special Resources will be provided to the Bank in the form of a nonnegotiable, noninterest-bearing, letter of credit which shall be payable to the Bank at par value on demand to meet the cost of eligible goods and services, and administrative costs authorized pursuant to section 285j(c) of this title.
(Pub. L. 89–369, §15, as added Pub. L. 92–245, §1, Mar. 10, 1972, 86 Stat. 58.)
§285m. Withdrawal rights covering United States Special Resources
The United States shall have the right to withdraw all or part of the United States Special Resources and any accrued resources derived therefrom under the procedures provided for in section 8.03 of the Special Funds Rules and Regulations of the Bank.
(Pub. L. 89–369, §16, as added Pub. L. 92–245, §1, Mar. 10, 1972, 86 Stat. 58.)
§285n. Authorization of appropriations to provide United States Special Resources
For the purpose of providing United States Special Resources to the Bank there is hereby authorized to be appropriated $100,000,000, all of which shall remain available until expended.
(Pub. L. 89–369, §17, as added Pub. L. 92–245, §1, Mar. 10, 1972, 86 Stat. 58; amended Pub. L. 93–189, §28, Dec. 17, 1973, 87 Stat. 732.)
Editorial Notes
Amendments
1973—Pub. L. 93–189 substituted "$100,000,000" for "$60,000,000 for the fiscal year 1972 and $40,000,000 for the fiscal year 1973".
§285o. Expropriation of United States property; loan restrictions
The President shall instruct the United States Executive Director of the Asian Development Bank to vote against any loan or other utilization of the funds of the Bank for the benefit of any country which has—
(1) nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens;
(2) taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; or
(3) imposed or enforced discriminatory taxes or other exaction, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned;
unless the President determines that (A) an arrangement for prompt, adequate, and effective compensation has been made, (B) the parties have submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes, or (C) good faith negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the applicable principles of international law.
(Pub. L. 89–369, §18, as added Pub. L. 92–245, §1, Mar. 10, 1972, 86 Stat. 58.)
§285p. Illegal drug traffic; loan restrictions
The Secretary of the Treasury shall instruct the United States Executive Director of the Asian Development Bank to vote against any loan or other utilization of the funds of the Bank for the benefit of any country with respect to which the President has made a determination, and so notified the Secretary of the Treasury, that the government of such country has failed to take adequate steps to prevent narcotic drugs and other controlled substances (as defined by the Comprehensive Drug Abuse Prevention and Control Act of 1970 [21 U.S.C. 801 et seq.]) produced or processed, in whole or in part, in such country, or transported through such country, from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents, or from entering the United States unlawfully. Such instruction shall continue in effect until the President determines, and so notifies the Secretary of the Treasury, that the government of such country has taken adequate steps to prevent such sale or entry of narcotic drugs and other controlled substances.
(Pub. L. 89–369, §19, as added Pub. L. 92–245, §2, Mar. 10, 1972, 86 Stat. 58.)
Editorial Notes
References in Text
The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in text, is Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236, which is classified principally to chapter 13 (§801 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
§285q. Subscription to additional shares; authorization of appropriations
(a) The United States Governor of the Bank is authorized to subscribe on behalf of the United States to thirty thousand additional shares of the capital stock of the Bank in accordance with and subject to the terms and conditions of Resolution Numbered 46 adopted by the Bank's Board of Governors on November 30, 1971.
(b) In order to pay for the increase in the United States subscription to the Bank provided for in this section, there is hereby authorized to be appropriated without fiscal year limitation $361,904,726 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §20, as added Pub. L. 93–537, Dec. 22, 1974, 88 Stat. 1735.)
§285r. Contribution to special funds; authorization of appropriations
(a) The United States Governor of the Bank is hereby authorized to agree to contribute on behalf of the United States $50,000,000 to the special funds of the Bank. This contribution shall be made available to the Bank pursuant to the provisions of article 19 of the articles of agreement of the Bank.
(b) In order to pay for the United States contribution to the special funds, there is hereby authorized to be appropriated without fiscal year limitation $50,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §21, as added Pub. L. 93–537, Dec. 22, 1974, 88 Stat. 1735.)
§285s. Additional subscription to shares; authorization of appropriations
(a) The United States Governor of the Bank is authorized to subscribe on behalf of the United States to sixty-seven thousand and five hundred additional shares of the capital stock of the Bank: Provided, however, That any subscription to additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.
(b) In order to pay for the increase in the United States subscription to the Bank provided for in this section, there are authorized to be appropriated without fiscal year limitation $814,286,250 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §22, as added Pub. L. 95–118, title V, §501, Oct. 3, 1977, 91 Stat. 1068; amended Pub. L. 97–35, title XIII, §1353, Aug. 13, 1981, 95 Stat. 745.)
Editorial Notes
Amendments
1981—Subsec. (a). Pub. L. 97–35 substituted "effective only to such extent or in such amounts as are provided in advance in appropriation Acts" for "made only after the amount required for such subscription has been appropriated".
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 effective Aug. 13, 1981, except that any funds authorized to be appropriated shall not be available for use or obligation prior to Oct. 1, 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, except that no funds authorized to be appropriated by this section may be available for use or obligation prior to Oct. 1, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title.
§285t. Additional contribution to special funds; authorization of appropriations
(a) The United States Governor of the Bank is authorized to contribute on behalf of the United States $180,000,000 to the Asian Development Fund, a special fund of the Bank: Provided, however, That any commitment to make such contribution shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution to the Asian Development Fund provided for in this section, there are authorized to be appropriated without fiscal year limitation $180,000,000 for payment by the Secretary of the Treasury: Provided, however, That not more than $14,116,177 may be made available for such contribution for the fiscal year 1982.
(Pub. L. 89–369, §23, as added Pub. L. 95–118, title V, §501, Oct. 3, 1977, 91 Stat. 1069; amended Pub. L. 97–35, title XIII, §1352(c), Aug. 13, 1981, 95 Stat. 745.)
Editorial Notes
Amendments
1981—Subsec. (b). Pub. L. 97–35 inserted provision limiting amount of appropriations available for contributions for fiscal year 1982.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 effective Aug. 13, 1981, except that any funds authorized to be appropriated shall not be available for use or obligation prior to Oct. 1, 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, except that no funds authorized to be appropriated by this section may be available for use or obligation prior to Oct. 1, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title.
§285u. Additional contribution to special funds
(a) United States share
The United States Governor of the Bank is authorized to contribute on behalf of the United States $378,250,000 to the Asian Development Fund, a special fund of the Bank, except that any commitment to make such contribution shall be made subject to obtaining the necessary appropriations.
(b) Authorization of appropriations; maximum available for certain years
In order to pay for the United States contribution to the Asian Development Fund provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $378,250,000 for payment by the Secretary of the Treasury: Provided, however, That not more than $111,250,000 of such sum may be made available for the fiscal year 1982, and not more than $44,500,000 of such sum may be made available for the fiscal year 1983.
(c) Funding requirements
For the purpose of keeping to a minimum the cost to the United States, the Secretary of the Treasury—
(1) shall pay the United States contribution to the Asian Development Fund authorized by this section by letter of credit in four annual installments; and
(2) shall take the steps necessary to obtain a certification from the Bank that any undisbursed balances resulting from drawdowns on such letter of credit will not exceed at any time the United States share of expected disbursement requirements for the following three-month period.
(Pub. L. 89–369, §24, as added Pub. L. 96–259, title II, §201, June 3, 1980, 94 Stat. 430; amended Pub. L. 97–35, title XIII, §1352(b), Aug. 13, 1981, 95 Stat. 744.)
Editorial Notes
Amendments
1981—Subsec. (b). Pub. L. 97–35 inserted provision limiting amount of appropriations for fiscal years 1982 and 1983.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 effective Aug. 13, 1981, except that any funds authorized to be appropriated shall not be available for use or obligation prior to Oct. 1, 1981, see section 1372 of Pub. L. 97–35, set out as an Effective Date note under section 290i of this title.
§285v. Sense of Congress respecting membership of Taiwan in Bank
It is the sense of the Congress that it is the policy of the United States that Taiwan (before January 1, 1979, known as the Republic of China) shall be permitted to retain membership in the Asian Development Bank and that the United States Executive Director of the Bank shall notify the Bank that a serious review of future United States participation, including any future payments to the Asian Development Fund, would ensue if Taiwan were expelled from the Bank.
(Pub. L. 89–369, §25, as added Pub. L. 96–259, title II, §201, June 3, 1980, 94 Stat. 430.)
§285w. Contribution to Asian Development Fund; authorization of appropriations
(a) The United States Governor of the Bank is authorized to contribute on behalf of the United States $66,750,000 to the Asian Development Fund, a special fund of the Bank: Provided, however, That any commitment to make such contribution shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution to the Asian Development Fund provided for in this section, there is authorized to be appropriated, without fiscal year limitation, $66,750,000 for payment by the Secretary of the Treasury: Provided, however, That no funds may be made available for such contribution for the fiscal year 1982.
(Pub. L. 89–369, §26, as added Pub. L. 97–35, title XIII, §1352(a), Aug. 13, 1981, 95 Stat. 744.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Aug. 13, 1981, except that any funds authorized to be appropriated shall not be available for use or obligation prior to Oct. 1, 1981, see section 1372 of Pub. L. 97–35, set out as a note under section 290i of this title.
§285x. Additional subscription to shares
(a) United States share
(1) The United States Governor of the Bank is authorized to subscribe on behalf of the United States to one hundred twenty-three thousand three hundred and seventy-five additional shares of the capital stock of the Bank.
(2) Any subscription to the capital stock of the Bank shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.
(b) Authorization of appropriations
In order to pay for the increase in the United States subscription to the Bank provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $1,322,999,476 for payment by the Secretary of the Treasury.
(c) Continued membership of Republic of China in Bank
(1) The Congress hereby finds that—
(A) the Republic of China (Taiwan) is a charter member in good standing of the Asian Development Bank;
(B) the Republic of China has grown from a borrower to a lender in the Asian Development Bank; and
(C) the Republic of China provides, through its economic success, a model for other nations in Asia.
(2) It is the sense of the Congress that—
(A) Taiwan, Republic of China, should remain a full member of the Asian Development Bank, and that its status within that body should remain unaltered no matter how the issue of the People's Republic of China's application for membership is disposed of;
(B) the President and the Secretary of State should express support of Taiwan, Republic of China, making it clear that the United States will not countenance attempts to expel Taiwan, Republic of China, from the Asian Development Bank; and
(C) the Secretary of the Senate and Clerk of the House shall transmit a copy of this resolution to the President with the request that he transmit such copy to the Board of Governors of the Asian Development Bank.
(Pub. L. 89–369, §27, as added Pub. L. 98–181, title I [title X, §1002], Nov. 30, 1983, 97 Stat. 1285.)
§285y. Additional contribution to special funds; authorization of appropriations
(a)(1) The United States Governor of the Bank is authorized to contribute on behalf of the United States $520,000,000 to the Asian Development Fund, a special fund of the Bank.
(2) Any commitment to make the contribution authorized in paragraph (1) shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution to the Asian Development Fund provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $520,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §28, as added Pub. L. 98–181, title I [title X, §1002], Nov. 30, 1983, 97 Stat. 1286.)
§285z. Additional contribution to special funds; authorization of appropriations
(a) The United States Governor of the Bank is authorized to contribute on behalf of the United States $584,280,000 to the Asian Development Fund, a special Fund of the Bank, except that any commitment to make such contributions shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $584,280,000 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §29, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section 29 of Pub. L. 89–369 is based on section 201 of title II of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§285aa. Capital increase
(a) Subscription authorized
(1) The United States Governor of the Bank may subscribe on behalf of the United States to 35,230 additional shares of the capital stock of the Bank. (2) Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
In order to pay for the increase in the United States subscription to the Bank provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $213,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §30, as added Pub. L. 102–145, §125(b), as added Pub. L. 102–266, §102, Apr. 1, 1992, 106 Stat. 97.)
§285bb. Additional contribution to special funds
(a) Contribution authority
(1) In general
The United States Governor of the Bank may contribute on behalf of the United States an amount equal to the amount appropriated under subsection (b), pursuant to the resolution of the Bank entitled "Seventh Replenishment of the Asian Development Fund".
(2) Subject to appropriations
Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury, without fiscal year limitation.
(Pub. L. 89–369, §31, as added Pub. L. 108–199, div. D, title V, §582, Jan. 23, 2004, 118 Stat. 204.)
§285cc. Eighth replenishment
(a) The United States Governor of the Bank is authorized to contribute on behalf of the United States $461,000,000 to the eighth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $461,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §32, as added Pub. L. 109–102, title V, §599C(c), Nov. 14, 2005, 119 Stat. 2243.)
Editorial Notes
Codification
Pub. L. 109–102, title V, §599C(c), Nov. 14, 2005, 119 Stat. 2243, which directed that this section be added at the end of "the Asian Development Fund Act, Public Law 92–245, as amended (22 U.S.C. 285 et seq.)", was executed by adding this section at the end of the Asian Development Bank Act, Pub. L. 89–369, which is classified to this subchapter, to reflect the probable intent of Congress.
§285dd. Ninth replenishment
(a) The United States Governor of the Bank is authorized to contribute, on behalf of the United States, $461,000,000 to the ninth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $461,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §33, as added Pub. L. 112–10, div. B, title XI, §2126(e), Apr. 15, 2011, 125 Stat. 191.)
§285ee. Fifth capital increase
(a) Subscription authorized
(1) The United States Governor of the Bank may subscribe on behalf of the United States to 1,104,420 additional shares of the capital stock of the Bank.
(2) Any subscription by the United States to capital stock of the Bank shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Authorization of appropriations
(1) In order to pay for the increase in the United States subscription to the Bank provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $13,323,173,083, for payment by the Secretary of the Treasury.
(2) Of the amount authorized to be appropriated under paragraph (1)—
(A) $532,929,240 is authorized to be appropriated for paid-in shares of the Bank; and
(B) $12,790,243,843 is authorized to be appropriated for callable shares of the Bank, for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §34, as added Pub. L. 112–10, div. B, title XI, §2126(e), Apr. 15, 2011, 125 Stat. 191.)
§285ff. Tenth replenishment
(a) The United States Governor of the Bank is authorized to contribute, on behalf of the United States, $359,600,000 to the tenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $359,600,000 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §35, as added Pub. L. 113–235, div. J, title VII, §7083(a), Dec. 16, 2014, 128 Stat. 2684.)
§285gg. Eleventh replenishment
(a) The United States Governor of the Bank is authorized to contribute, on behalf of the United States, $189,580,000 to the eleventh replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $189,580,000 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §36, as added Pub. L. 115–141, div. K, title VII, §7083(a), Mar. 23, 2018, 132 Stat. 965.)
§285hh. Twelfth replenishment
(a) The United States Governor of the Bank is authorized to contribute, on behalf of the United States, $177,440,000 to the twelfth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $177,440,000 for payment by the Secretary of the Treasury.
(Pub. L. 89–369, §37, as added Pub. L. 117–328, div. K, title VII, §7072(b), Dec. 29, 2022, 136 Stat. 5092.)
SUBCHAPTER XV—INTERNATIONAL MONETARY FUND AND BANK FOR RECONSTRUCTION AND DEVELOPMENT
§286. Acceptance of membership by United States in International Monetary Fund
The President is hereby authorized to accept membership for the United States in the International Monetary Fund (hereinafter referred to as the "Fund"), and in the International Bank for Reconstruction and Development (hereinafter referred to as the "Bank"), provided for by the Articles of Agreement of the Fund and the Articles of Agreement of the Bank as set forth in the Final Act of the United Nations Monetary and Financial Conference dated July 22, 1944, and deposited in the archives of the Department of State.
(July 31, 1945, ch. 339, §2, 59 Stat. 512.)
Statutory Notes and Related Subsidiaries
Short Title of 1968 Amendment
Pub. L. 90–349, June 19, 1968, 82 Stat. 188 [enacting sections 286n to 286r of this title and amending sections 412, 415, 417, and 467 of Title 12, Banks and Banking], is known as the "Special Drawing Rights Act". For complete classification of this Act to the Code, see Short Title note set out under section 286n of this title and Tables.
Short Title
Act July 31, 1945, ch. 339, §1, 59 Stat. 512, provided: "This act [enacting this subchapter and amending section 822a of former Title 31, Money and Finance] may be cited as the 'Bretton Woods Agreements Act'."
Par Value Modification
For Congressional direction that the Secretary of the Treasury maintain the value in terms of gold of the holdings in United States dollars of the International Monetary Fund and of the International Bank for Reconstruction and Development following the establishment of a par value of the dollar at $38 for a fine troy ounce of gold pursuant to the Par Value Modification Act and for the authorization of the appropriation necessary to provide such maintenance of value, see section 5152 of Title 31, Money and Finance.
§286a. Appointments
(a) Governors and executive directors; term of office
The President, by and with the advice and consent of the Senate, shall appoint a governor of the Fund who shall also serve as a governor of the Bank, and an executive director of the Fund and an executive director of the Bank. The executive directors so appointed shall also serve as provisional executive directors of the Fund and the Bank for the purposes of the respective Articles of Agreement. The term of office for the governor of the Fund and of the Bank shall be five years. The term of office for the executive directors shall be two years, but the executive directors shall remain in office until their successors have been appointed.
(b) Alternates; term of office
The President, by and with the advice and consent of the Senate, shall appoint an alternate for the governor of the Fund and an alternate for the governor of the Bank. The President, by and with the advice and consent of the Senate, shall appoint an alternate for each of the executive directors. The alternate for each executive director shall be appointed from among individuals recommended to the President by the executive director. The terms of office for alternates for the governor and the executive directors shall be the same as the terms specified in subsection (a) for the governor and executive directors.
(c) Governor to serve as councillor; alternates and associates
Should the provisions of Schedule D of the Articles of Agreement of the Fund apply, the Governor of the Fund shall also serve as councillor, shall designate an alternate for the councillor, and may designate associates.
(d) Compensation for services
(1) No person shall be entitled to receive any salary or other compensation from the United States for services as a Governor, executive director, councillor, alternate, or associate.
(2) The United States executive director of the Fund shall not be compensated by the Fund at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5. The United States alternate executive director of the Fund shall not be compensated by the Fund at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5.
(3) The Secretary of the Treasury shall instruct the United States executive director of the Fund to present to the Fund's Executive Board a comprehensive set of proposals, consistent with maintaining high levels of competence of Fund personnel and consistent with the Articles of Agreement, with the objective of assuring that salaries and other compensation accorded Fund employees do not exceed those received by persons filling similar levels of responsibility within national government service or private industry. The Secretary shall report these proposals together with any measures adopted by the Fund's Executive Board to the Congress prior to February 1, 1979.
(July 31, 1945, ch. 339, §3, 59 Stat. 512; Pub. L. 93–94, Aug. 15, 1973, 87 Stat. 314; Pub. L. 94–564, §2, Oct. 19, 1976, 90 Stat. 2660; Pub. L. 95–435, §2, Oct. 10, 1978, 92 Stat. 1051.)
Editorial Notes
Amendments
1978—Subsec. (d). Pub. L. 95–435 designated existing provisions as par. (1) and added pars. (2) and (3).
1976—Subsec. (c). Pub. L. 94–564, §2(1), amended subsec. (c) generally to provide that the Governor serve as councillor and designate an alternate and associates. Former provisions relating to compensation were included in subsec. (d).
Subsec. (d). Pub. L. 94–564, §2(2), added subsec. (d).
1973—Subsec. (b). Pub. L. 93–94 substituted "and an alternate for the governor of the Bank" for "who shall also serve as alternate for the governor of the Bank".
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Pub. L. 94–564, §9, Oct. 19, 1976, 90 Stat. 2661, provided that: "The amendments made by sections 2, 3, 4, 5, 6, and 7 of this Act [amending this section, sections 286c, 286e–2, 286o, 286q, and 286r of this title, and section 822a of former Title 31, Money and Finance] shall become effective upon the entry into force of the amendments to the Articles of Agreement of the International Monetary Fund approved in Resolution Numbered 31–4 of the Board of Governors of the Fund." Such amendments entered into force Apr. 1, 1978.
Levels of Fund Salaries and Minimization of Travel Costs
Pub. L. 96–389, §9, Oct. 7, 1980, 94 Stat. 1554, provided that: "The United States Executive Director to the Fund shall seek to insure (a) that Fund salaries do not exceed those levels endorsed by the Fund Bank Joint Committee on Staff Compensation Issues; and (b) that travel costs are minimized by limiting first class and supersonic travel to instances where no reasonable alternative exists."
§286b. National Advisory Council on International Monetary and Financial Problems
(a) Establishment and composition
In order to coordinate the policies and operations of the representatives of the United States on the Fund and the Bank and of all agencies of the Government which make or participate in making foreign loans or which engage in foreign financial, exchange or monetary transactions, there is hereby established the National Advisory Council on International Monetary and Financial Problems (hereinafter referred to as the "Council"), consisting of the Secretary of the Treasury, as Chairman, the Secretary of State, the Secretary of Commerce, the Chairman of the Board of Governors of the Federal Reserve System, the President of the Export-Import Bank of the United States, and during such period as the Foreign Operations Administration shall continue to exist, the Director of the Foreign Operations Administration.
(b) Duties and functions; reports by Council
(1) The Council, after consultation with the representatives of the United States on the Fund and the Bank, shall recommend to the President general policy directives for the guidance of the representatives of the United States on the Fund and the Bank.
(2) The Council shall advise and consult with the President and the representatives of the United States on the Fund and the Bank on major problems arising in the administration of the Fund and the Bank.
(3) The Council shall coordinate, by consultation or otherwise, so far as is practicable, the policies and operations of the representatives of the United States on the Fund and the Bank, the Export-Import Bank of the United States and all other agencies of the Government to the extent that they make or participate in the making of foreign loans or engage in foreign financial, exchange or monetary transactions.
(4) Whenever, under the Articles of Agreement of the Fund or the Articles of Agreement of the Bank, the approval, consent or agreement of the United States is required before an act may be done by the respective institutions, the decision as to whether such approval, consent, or agreement, shall be given or refused shall (to the extent such decision is not prohibited by section 286c of this title) be made by the Council, under the general direction of the President. No governor, executive director, or alternate representing the United States shall vote in favor of any waiver of condition under article V, section 4, or in favor of any declaration of the United States dollar as a scarce currency under article VII, section 3, of the Articles of Agreement of the Fund, without prior approval of the Council.
(5) The Council shall make such reports and recommendations to the President as he may from time to time request, or as the Council may consider necessary to more effectively or efficiently accomplish the purposes of this subchapter or the purposes for which the Council is created.
(6) The general policy objectives for the guidance of the United States Executive Director of the Bank shall take into account the effect that development assistance loans have upon individual industry sectors and international commodity markets—
(A) to minimize projected adverse impacts; and
(B) to avoid, wherever possible, government subsidization of production and exports of international commodities without regard to economic conditions in the markets for such commodities.
(c) Reports to Council
The representatives of the United States on the Fund and the Bank, and the Export-Import Bank of the United States (and all other agencies of the Government to the extent that they make or participate in the making of foreign loans or engage in foreign financial, exchange or monetary transactions) shall keep the Council fully informed of their activities and shall provide the Council with such further information or data in their possession as the Council may deem necessary to the appropriate discharge of its responsibilities under this subchapter.
(July 31, 1945, ch. 339, §4, 59 Stat. 512; Apr. 3, 1948, ch. 169, title I, §106, 62 Stat. 141; Oct. 10, 1951, ch. 479, title V, §501(e)(2), 65 Stat. 378; 1953 Reorg. Plan No. 5, eff. June 30, 1953, 18 F.R. 3741, 67 Stat. 637; 1953 Reorg. Plan No. 7, eff. Aug. 1, 1953, 18 F.R. 4541, 67 Stat. 639; Aug. 9, 1954, ch. 660, §2, 68 Stat. 678; Pub. L. 89–126, §1(1), Aug. 14, 1965, 79 Stat. 519; Pub. L. 90–267, §1(a), Mar. 13, 1968, 82 Stat. 47; Pub. L. 98–181, title I [title VIII, §808(a)], Nov. 30, 1983, 97 Stat. 1273; Pub. L. 101–240, title V, §541(d)(1), (f)(1), Dec. 19, 1989, 103 Stat. 2518, 2519.)
Editorial Notes
Amendments
1989—Subsec. (b). Pub. L. 101–240 redesignated pars. (7) and (8) as (5) and (6), respectively, and struck out former pars. (5) and (6) which read as follows:
"(5) The Council shall transmit to the President and to the Congress an annual report with respect to the participation of the United States in the Fund and Bank.
"(6) Each such report shall contain such data concerning the operations and policies of the Fund and Bank, such recommendations concerning the Fund and Bank, and such other data and material as the Council may deem appropriate."
1983—Subsec. (b)(8). Pub. L. 98–181 added par. (8).
1965—Subsec. (b)(5). Pub. L. 89–126 substituted provisions requiring an annual report, for provisions which required the Council to report from time to time, but not less frequently than every six months.
Subsec. (b)(6). Pub. L. 89–126 struck out provisions which required special reports on operations and policies of the Fund and Bank and prescribed contents of such reports, and inserted provisions requiring the annual report to contain such data concerning the operations and policies of the Fund and Bank, such recommendations concerning the Fund and the Bank, and such other data and material as deemed appropriate.
1954—Subsec. (a). Act Aug. 9, 1954, provided membership on Council for President of the Export-Import Bank of Washington.
1951—Subsec. (a). Act Oct. 10, 1951, substituted "Mutual Security Agency" for "Economic Cooperation Administration", and "Director for Mutual Security" for "Administrator for Economic Cooperation".
1948—Subsec. (a). Act Apr. 3, 1948, ch. 169, title I, §106, 62 Stat. 141, added Administrator for Economic Cooperation, during existence of the Administration, to membership of National Advisory Council.
Statutory Notes and Related Subsidiaries
Change of Name
"Export-Import Bank of Washington" changed in text to "Export-Import Bank of the United States" to conform to such change in name in the Export-Import Bank Act of 1945, section 635 et seq. of Title 12, Banks and Banking, provided for in section 1(a) of Pub. L. 90–267.
Effective Date of 1954 Amendment
Amendment by act Aug. 9, 1954, effective upon initial appointment of President, First Vice President, and one member of the Board of Directors of the Export-Import Bank of Washington, see section 4 of act Aug. 9, 1954, set out as a note under section 635a of Title 12, Banks and Banking.
Repeals
Act Apr. 3, 1948, cited as a credit to this section, was repealed by act June 20, 1952, ch. 449, §7(c), 66 Stat. 144.
Executive Documents
Transfer of Functions
National Advisory Council on International Monetary and Financial Problems abolished and its functions, together with functions of its chairman and other officers, transferred to President by sections 1(b) and 3(a) of Reorg. Plan No. 4 of 1965, eff. July 27, 1965, 30 F.R. 9353, 79 Stat. 1321, set out in the Appendix to Title 5, Government Organization and Employees.
Function of Chairman of Board of Directors of Export-Import Bank of Washington of being a member of National Advisory Council on International Monetary and Financial Problems abolished by Reorg. Plan No. 5 of 1953, eff. June 30, 1953, 18 F.R. 3741, 67 Stat. 637, set out in the Appendix to Title 5.
Foreign Operations Administration abolished by Ex. Ord. No. 10610, May 9, 1955, 20 F.R. 3179, and its functions and offices transferred to Department of State to be administered by International Cooperation Administration. For later transfer, see section 2381 of this title, and notes set out under that section.
Office of Director for Mutual Security abolished and functions of Director transferred to Director of Foreign Operations Administration by Reorg. Plan No. 7 of 1953, eff. Aug. 1, 1953, 18 F.R. 4541. Section 4 of said Reorg. Plan No. 7 of 1953, specifically provided that Director of Foreign Operations Administration shall be a member of National Advisory Council on International Monetary and Financial Problems.
Ex. Ord. No. 11269. National Advisory Council on International Monetary and Financial Policies
Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, as amended by Ex. Ord. No. 11334, Mar. 7, 1967, 32 F.R. 3933; Ex. Ord. No. 11808, Sept. 30, 1974, 39 F.R. 35563; Ex. Ord. No. 11977, Mar. 14, 1977, 42 F.R. 14671; Ex. Ord. No. 12164, Sept. 29, 1979, 44 F.R. 56681; Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989; Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087; Ex. Ord. No. 12567, Oct. 2, 1986, 51 F.R. 35495; Ex. Ord. No. 12647, Aug. 2, 1988, 53 F.R. 29323; Ex. Ord. No. 12766, June 18, 1991, 56 F.R. 28463; Ex. Ord. No. 13118, §10(9), Mar. 31, 1999, 64 F.R. 16598, provided:
By virtue of the authority vested in me by Reorganization Plan No. 4 of 1965 (30 F.R. 9353) [set out in the Appendix to Title 5, Government Organization and Employees], and as President of the United States, it is ordered as follows:
(b) The Council shall be composed of the following members: the Secretary of the Treasury, who shall be the chairman of the Council, the Assistant to the President for Economic Affairs, who shall be Deputy Chairman of the Council, the Secretary of State, the United States Trade Representative, the Secretary of Commerce, the Chairman of the Board of Governors of the Federal Reserve System, the Administrator of the United States Agency for International Development, and the President of the Export-Import Bank of Washington [now the Export-Import Bank of the United States].
(c) Whenever matters within the jurisdiction of the Council may be of interest to Federal agencies not represented on the Council under Section 1(b) of this order, the Chairman of the Council may consult with such agencies and may invite them to designate representatives to participate in meetings and deliberations of the Council.
(b) The functions under Sections 4(a) and 4(b)(3) of the Bretton Woods Agreements Act, including those made applicable to the International Finance Corporation, the Inter-American Development Bank, and the International Development Association (22 U.S.C. 286b(a) and (b)(3); 282b; 283b; 284b), to the extent that such functions consist of coordination of policies, are hereby delegated to the Council. The functions so delegated shall be deemed to include the authority to review proposed individual loan, financial, exchange, or monetary transactions to the extent necessary or desirable to effectuate the coordination of policies.
(c) The Council shall perform with respect to the Asian Development Bank, African Development Fund,, [sic] African Development Bank, Inter-American Investment Corporation, Multilateral Investment Guarantee Agency, and European Bank for Reconstruction and Development, the same functions as those delegated to it by subsections (a) and (b) of this section with respect to other international financial institutions.
(1) Authority, subject to the provisions of Section 7 of this Order, to instruct representatives of the United States to international financial organizations.
(2) Authority provided for in Section 4(b)(4) of the Bretton Woods Agreements Act (22 U.S.C. 286b(b)(4)). Such authority, insofar as it relates to the development aspects of the policies, programs, or projects of the International Bank for Reconstruction and Development shall be exercised subject to the provisions of Section 7 of this Order.
(b) In carrying out the functions delegated to him by subsection (a) of this Section the Secretary shall consult with the Council.
(c) Nothing in this order shall be deemed to derogate from the responsibilities of the Secretary of State with respect to the foreign policy of the United States.
(d) The Secretary of the Treasury shall perform, with respect to the Asian Development Bank, African Development Fund,, [sic] African Development Bank, Inter-American Investment Corporation, Multilateral Investment Guarantee Agency, and European Bank for Reconstruction and Development, the same functions as those delegated to him by subsections (a) and (b) of this section with respect to other international financial institutions.
(e) The Secretary of the Treasury is hereby delegated the functions conferred upon the President by Section 203(b) and Section 207 of the Act of May 31, 1976 (90 Stat. 593 and 594, 22 U.S.C. 290g–1 and 290g–5), subject to the provisions of Section 7 of this Order.
(b) The Council shall from time to time transmit to all appropriate agencies and officers of the Government statements of the policies of the Council under this order and such other information relating to the above-mentioned transactions or to the functions of the Council hereunder as the Council shall deem desirable.
§§286b–1, 286b–2. Repealed. Pub. L. 101–240, title V, §541(d)(1), (5), Dec. 19, 1989, 103 Stat. 2518
Section 286b–1, Pub. L. 91–599, ch. 3, §31, Dec. 30, 1970, 84 Stat. 1658, related to annual report to Congress of National Advisory Council on International Monetary and Financial Policies.
Section 286b–2, act July 31, 1945, ch. 339, §50, as added Nov. 30, 1983, Pub. L. 98–181, title I [title VIII, §813], 97 Stat. 1276, related to reports to Congress by National Advisory Council on International Monetary and Financial Policies and Secretary of the Treasury.
§286c. Congressional authorization needed for certain actions
Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States (a) request or consent to any change in the quota of the United States under article III, section 2(a), of the Articles of Agreement of the Fund; (b) propose a par value for the United States dollar under paragraph 2, paragraph 4, or paragraph 10 of schedule C of the Articles of Agreement of the Fund; (c) propose any change in the par value of the United States dollar under paragraph 6 of schedule C of the Articles of Agreement of the Fund, or approve any general change in par values under paragraph 11 of schedule C; (d) subscribe to additional shares of stock under article II, section 3, of the Articles of Agreement of the Bank; (e) accept any amendment under article XXVIII of the Articles of Agreement of the Fund or Article VIII of the Articles of Agreement of the Bank; (f) make any loan to the Fund or the Bank; or (g) approve any disposition of Fund gold, unless the Secretary certifies to the Congress that such disposition is necessary for the Fund to restitute gold to its members, or for the Fund to provide liquidity that will enable the Fund to meet member country claims on the Fund or to meet threats to the systemic stability of the international financial system. Unless Congress by law authorizes such action, no governor or alternate appointed to represent the United States shall vote for an increase of capital stock of the Bank under article II, section 2, of the Articles of Agreement of the Bank, if such increase involves an increased subscription on the part of the United States. Neither the President nor any person or agency shall, on behalf of the United States, consent to any borrowing (other than borrowing from a foreign government or other official public source) by the Fund of funds denominated in United States dollars, unless the Secretary of the Treasury transmits a notice of such proposed borrowing to both Houses of the Congress at least 60 days prior to the date on which such borrowing is scheduled to occur.
(July 31, 1945, ch. 339, §5, 59 Stat. 514; Pub. L. 89–126, §1(2), Aug. 14, 1965, 79 Stat. 519; Pub. L. 94–564, §3, Oct. 19, 1976, 90 Stat. 2660; Pub. L. 95–147, §4(a)(1), Oct. 28, 1977, 91 Stat. 1228; Pub. L. 98–181, title I [title VIII, §811], Nov. 30, 1983, 97 Stat. 1274; Pub. L. 106–113, div. B, §1000(a)(5) [title V, §504(d)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A-317.)
Editorial Notes
Amendments
1999—Pub. L. 106–113, which directed substitution of "approve any disposition of Fund gold, unless the Secretary certifies to the Congress that such disposition is necessary for the Fund to restitute gold to its members, or for the Fund to provide liquidity that will enable the Fund to meet member country claims on the Fund or to meet threats to the systemic stability of the international financial system." for "approve either the disposition of more than 25 million ounces of Fund gold for the benefit of the Trust Fund established by the Fund on May 6, 1976, or the establishment of any additional trust fund whereby resources of the International Monetary Fund would be used for the special benefit of a single member, or of a particular segment of the membership, of the Fund." in cl. (g) of first sentence, was executed by making the substitution for text which ended with "the fund." rather than "the Fund.", to reflect the probable intent of Congress.
1983—Pub. L. 98–181 inserted provision prohibiting the President or any person or agency from consenting to a borrowing of funds denominated in dollars unless notice of such borrowing is transmitted to Congress at least 60 days prior to such borrowing.
1977—Pub. L. 95–147 added to cl. (g) provisions relating to disposition of more than 25 million ounces of Fund gold for the benefit of the Trust Fund.
1976—Pub. L. 94–564 amended cls. (a) to (g) generally.
1965—Pub. L. 89–126 inserted "if such increase involves an increased subscription on the part of the United States".
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment effective Apr. 1, 1978, see section 9 of Pub. L. 94–564, set out as a note under section 286a of this title.
§286d. Federal Reserve banks as depositories
Any Federal Reserve bank which is requested to do so by the Fund or the Bank shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(July 31, 1945, ch. 339, §6, 59 Stat. 514.)
§286e. Payment of subscriptions to Fund and Bank by United States; issuance of special notes; income covered into Treasury
The Secretary of the Treasury is authorized to pay the balance of the subscription of the United States to the Fund not provided for in subsection (a) and to pay the subscription of the United States to the Bank from time to time when payments are required to be made to the Bank. For the purpose of making these payments, the Secretary of the Treasury is authorized to use as a public-debt transaction $8,675,000,000 of the proceeds of any securities hereafter issued under chapter 31 of title 31, and the purposes for which securities may be issued under that chapter are extended to include such purpose. Payment under this paragraph of the subscription of the United States to the Fund or the Bank and repayments thereof shall be treated as public-debt transactions of the United States.
For the purpose of keeping to a minimum the cost to the United States of participation in the Fund and the Bank, the Secretary of the Treasury, after paying the subscription of the United States to the Fund, and any part of the subscription of the United States to the Bank required to be made under article II, section 7(i), of the Articles of Agreement of the Bank, is authorized and directed to issue special notes of the United States from time to time at par and to deliver such notes to the Fund and the Bank in exchange for dollars to the extent permitted by the respective Articles of Agreement. The special notes provided for in this paragraph shall be issued under the authority and subject to the provisions of chapter 31 of title 31, and the purposes for which securities may be issued under that chapter are extended to include the purposes for which special notes are authorized and directed to be issued under this paragraph, but such notes shall bear no interest, shall be nonnegotiable, and shall be payable on demand of the Fund or the Bank, as the case may be. The face amount of special notes issued to the Fund under the authority of this paragraph and outstanding at any one time shall not exceed in the aggregate the amount of the subscription of the United States actually paid to the Fund and the dollar equivalent of currencies and gold which the United States shall have purchased from the Fund in accordance with the Articles of Agreement, and the face amount of such notes issued to the Bank and outstanding at any one time shall not exceed in the aggregate the amount of the subscription of the United States actually paid to the Bank under article II, section 7(i) of the Articles of Agreement of the Bank.
Any payment made to the United States by the Fund or the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
(July 31, 1945, ch. 339, §7(b)–(d), 59 Stat. 514; Pub. L. 86–48, §2, June 17, 1959, 73 Stat. 80; Pub. L. 87–490, §2, June 19, 1962, 76 Stat. 105.)
Editorial Notes
References in Text
Subsection (a), referred to in the first par., means section 7(a) of act July 31, 1945, ch. 339, 59 Stat. 514, which generally amended subsec. (c) of section 822a of former Title 31, Money and Finance. Section 822a(c) of former Title 31 was repealed and reenacted as section 5302(d) of Title 31 by Pub. L. 97–258, §4(a), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31.
Codification
In first and second pars., "chapter 31 of title 31" and "that chapter" substituted for "the Second Liberty Bond Act, as amended" and "that Act", respectively, on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Section is based on subsecs. (b) to (d) of section 7 of act July 31, 1945. Subsec. (a) of section 7 amended section 822a of former Title 31. See References in Text note above.
Amendments
1962—Pub. L. 87–490 included in the limitation of face amount of special notes issued to the Fund the dollar equivalent of currencies and gold which the United States shall have purchased from the Fund in accordance with the Articles of Agreement.
1959—Pub. L. 86–48 struck out "of $950,000,000" after "is authorized to pay the balance", and substituted "$8,675,000,000" for "not to exceed $4,125,000,000".
Statutory Notes and Related Subsidiaries
Increase in Quota of United States; Appropriation Requirements; Transfers and Credits; Restrictions
Pub. L. 96–544, Dec. 17, 1980, 94 Stat. 3213, provided that: "For an increase in the United States quota in the International Monetary Fund, the dollar equivalent of 4,202.5 million Special Drawing Rights (approximately $5,537,839,000), to remain available until expended, and balances equivalent to the current SDR value of the United States quota in the Fund shall be merged with this appropriation. Amounts equivalent to the United States reserve position in the Fund shall be credited to this appropriation. Amounts available in this account may be transferred to the Fund by the Secretary of the Treasury to meet United States obligations in the Fund in an amount not to exceed at any time the United States quota in the Fund. The amounts provided for valuation adjustments of Fund holdings of United States dollars shall continue to be available for this purpose and shall be available for transfers to this appropriation account for the purpose of such adjustments. In the administration of these funds it shall be the policy of the United States:
"(1) that the Palestine Liberation Organization should not be given membership in the Fund or be given observer status or any other official status at any meeting sponsored by or associated with the Fund;
"(2) that the United States Executive Director of the Fund shall promptly notify the Fund of such policy;
"(3) that in the event that the Fund provides either membership, observer status, or any other official status to the Palestine Liberation Organization, such action would result in a serious diminution of United States support; and
"(4) that upon review of such action, the President would be required to report his recommendations to the Congress with regard to any further United States participation in the Fund."
§286e–1. Increase in quota of United States and in capital stock of Bank; subscription to additional shares
(a) The United States Governor of the Fund is authorized to request and consent to an increase of $1,375,000,000 in the quota of the United States under article III, section 2, of the articles of agreement of the Fund, as proposed in the resolution of the Board of Governors of the Fund dated February 2, 1959.
(b) The United States Governor of the Bank is authorized (1) to vote for increases in the capital stock of the Bank under article II, section 2, of the articles of agreement of the Bank, as recommended in the resolution of the Board of Governors of the Bank dated February 2, 1959, and (2) if such increases become effective, to subscribe on behalf of the United States to thirty-one thousand seven hundred and fifty additional shares of stock under article II, section 3, of the articles of agreement of the Bank.
(July 31, 1945, ch. 339, §16, as added Pub. L. 86–48, §1, June 17, 1959, 73 Stat. 80.)
§286e–1a. Increase in capital stock of Bank
The United States Governor of the Bank is authorized to vote for an increase of $1,000,000,000 in the authorized capital stock of the Bank under article II, section 2, of the articles of agreement of the Bank, as recommended in the report, dated November 6, 1962, to the Board of Governors of the Bank by the Bank's Executive Directors.
(July 31, 1945, ch. 339, §19, as added Pub. L. 88–178, Nov. 13, 1963, 77 Stat. 334.)
§286e–1b. Increase in quota of United States; authorization of appropriations
(a) The United States Governor of the Fund is authorized to consent to an increase of $1,035,000,000 in the quota of the United States in the Fund.
(b) In order to pay the increase in the United States subscription to the Fund provided for in this section, there is hereby authorized to be appropriated $1,035,000,000, to remain available until expended.
(July 31, 1945, ch. 339, §20, as added Pub. L. 89–31, June 2, 1965, 79 Stat. 119.)
§286e–1c. Additional increase in quota of United States
(a) The United States Governor of the Fund is authorized to consent to an increase of $1,540,000,000 in the quota of the United States in the Fund.
(b) In order to pay the increase in the United States quota in the Fund provided for in this section, there is hereby authorized to be appropriated $1,540,000,000, to remain available until expended.
(July 31, 1945, ch. 339, §22, as added Pub. L. 91–599, ch. 1, §1, Dec. 30, 1970, 84 Stat. 1657.)
§286e–1d. Increase in capital stock of Bank; subscription to additional shares; authorization of appropriations
(a) The United States Governor of the Bank is authorized (1) to vote for an increase of $3,000,000,000 in the authorized capital stock of the Bank, and (2) if such increase becomes effective, to subscribe on behalf of the United States to two thousand four hundred and sixty-one additional shares of the capital stock of the Bank.
(b) In order to pay for the increase in the United States subscription to the Bank provided for in this section, there is hereby authorized to be appropriated $246,100,000 to remain available until expended.
(July 31, 1945, ch. 339, §23, as added Pub. L. 91–599, ch. 1, §1, Dec. 30, 1970, 84 Stat. 1657.)
§286e–1e. Equivalent increase in quota of United States
The United States Governor of the Fund is authorized to consent to an increase in the quota of the United States in the Fund equivalent to 1,705 million Special Drawing Rights.
(July 31, 1945, ch. 339, §25, as added Pub. L. 94–564, §1, Oct. 19, 1976, 90 Stat. 2660.)
§286e–1f. Additional increase in capital stock of Bank; subscription to additional shares; authorization of appropriations
(a) The United States Governor of the Bank is authorized—
(1) to vote for an increase of seventy thousand shares in the authorized capital stock of the Bank; and
(2) if such increase becomes effective, to subscribe on behalf of the United States to thirteen thousand and five additional shares of the capital stock of the Bank: Provided, however, That any subscription to additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) In order to pay for the increase in the United States subscription to the Bank provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $1,568,856,318 for payment by the Secretary of the Treasury.
(July 31, 1945, ch. 339, §27, as added Pub. L. 95–118, title II, §201, Oct. 3, 1977, 91 Stat. 1067; amended Pub. L. 97–35, title XIII, §1312, Aug. 13, 1981, 95 Stat. 740.)
Editorial Notes
Amendments
1981—Subsec. (a)(2). Pub. L. 97–35 substituted "effective only to such extent or in such amounts as are provided in advance in appropriations Acts" for "made only after the amount required for such subscription has been appropriated".
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 effective Aug. 13, 1981, except that any funds authorized to be appropriated shall not be available for use or obligation prior to Oct. 1, 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, except that no funds authorized to be appropriated by this section may be available for use or obligation prior to Oct. 1, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title.
§286e–1g. Additional increase in quota of United States; condition
The United States Governor of the Fund is authorized to consent to an increase in the quota of the United States in the Fund equivalent to 4,202.5 million Special Drawing Rights, limited to such amounts as are appropriated in advance in appropriation Acts.
(July 31, 1945, ch. 339, §32, as added and amended Pub. L. 96–389, §§1, 11, Oct. 7, 1980, 94 Stat. 1551, 1555.)
Editorial Notes
Amendments
1980—Pub. L. 96–389, §11, substituted "limited to such amounts as are appropriated in advance in appropriation Acts" for "to such extent or in such amounts as are provided in appropriations Acts".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 7, 1980, see section 12 of Pub. L. 96–389, set out as a note under section 286s of this title.
§286e–1h. Increase of subscription of stock; authority of United States Governor of Bank; authorization of appropriations
(a) The United States Governor of the Bank is authorized—
(1) to vote to increase by three hundred and sixty-five thousand shares the authorized capital stock of the Bank; and
(2) to subscribe on behalf of the United States to not more than seventy-three thousand and ten shares of the capital stock of the Bank: Provided, however, That not more than seven and one-half percent ($658,305,195) of the price of the shares subscribed may be paid in to the Bank on subscription, with the remainder of that price ($8,149,256,155) being subject to call only when a call on unpaid subscriptions is required to meet obligations of the Bank for funds borrowed or on loans guaranteed by it and not for use by the Bank in its lending activities or for administrative expenses: Provided further, That any subscription to such additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) In order to pay for the paid-in portion of the United States subscription to the Bank provided for in this section, there is authorized to be appropriated, without fiscal year limitation, $658,305,195 for payment by the Secretary of the Treasury: Provided, however, That not more than $109,720,549 of such sum may be made available for each of the fiscal years 1982, 1983, and 1984.
(July 31, 1945, ch. 339, §39, as added Pub. L. 97–35, title XIII, §1311, Aug. 13, 1981, 95 Stat. 740.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Aug. 13, 1981, except that any funds authorized to be appropriated shall not be available for use or obligation prior to Oct. 1, 1981, see section 1372 of Pub. L. 97–35, set out as a note under section 290i of this title.
§286e–1i. Increase in United States quota; consultations with Congress
(a) The United States Governor of the Fund is authorized to consent to an increase in the quota of the United States in the Fund equivalent to 5,310,800,000 Special Drawing Rights, limited to such amounts as are provided in advance in appropriations Acts.
(b)(1) The Secretary of the Treasury shall consult with the chairman and the ranking minority member of—
(A) the Committee on Banking, Finance and Urban Affairs and the Committee on Appropriations of the House of Representatives, and any appropriate subcommittee of each such committee; and
(B) the committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate, and any appropriate subcommittee of each such committee,
for purposes of discussing the position of the executive branch and the views of the Congress with respect to any international negotiations being held to consider any future quota increase for the International Monetary Fund which may involve an increased contribution, subscription, or loan by the United States.
(2) Such consultation shall be made—
(A) not later than thirty 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 quota increase.
(July 31, 1945, ch. 339, §41, as added Pub. L. 98–181, title I [title VIII, §802(a)(4)], Nov. 30, 1983, 97 Stat. 1268.)
Statutory Notes and Related Subsidiaries
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.
§286e–1j. Additional increase in capital stock of Bank; subscription to additional shares; authorization of appropriations
(a) The United States Governor of the Bank is authorized—
(1) to vote for an increase of seventy thousand shares in the authorized capital stock of the Bank; and
(2) to subscribe on behalf of the United States to twelve thousand four hundred and fifty-three additional shares of the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) In order to pay for the increase in the United States subscription to the Bank provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $1,502,267,655 for payment by the Secretary of the Treasury.
(July 31, 1945, ch. 339, §51, as added Pub. L. 99–190, §101(i) [title I, (a)], Dec. 19, 1985, 99 Stat. 1291, 1294.)
Editorial Notes
Codification
Section 51 of act July 31, 1945, is based on section 301 of title III of H.R. 2253, Ninety-ninth Congress, as reported May 15, 1985, and enacted into law by Pub. L. 99–190.
§286e–1k. Capital stock increase
(a) Increase authorized
The United States Governor of the Bank is authorized—
(1) to vote for an increase of 620,000 shares in the authorized capital stock of the Bank; and
(2) to subscribe on behalf of the United States to 116,262 additional shares of the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Authorization of appropriations
In order to pay for the increase in the United States subscription to the Bank provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $14,025,266,370, for payment by the Secretary of the Treasury.
(July 31, 1945, ch. 339, §53, as added Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36.)
Editorial Notes
Codification
Section 53 of act July 31, 1945, is based on section 1 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
§286e–1l. Quota increase to 8,608,500,000 Special Drawing Rights
The United States Governor of the Fund may consent to an increase in the quota of the United States in the Fund equivalent to 8,608,500,000 Special Drawing Rights, limited to such amounts as are provided in advance in appropriations Acts.
(July 31, 1945, ch. 339, §56, as added Pub. L. 102–511, title X, §1001, Oct. 24, 1992, 106 Stat. 3357.)
§286e–1m. Quota increase to 10,622,500,000 Special Drawing Rights
(a) In general
The United States Governor of the Fund may consent to an increase in the quota of the United States in the Fund equivalent to 10,622,500,000 Special Drawing Rights.
(b) Subject to appropriations
The authority provided by subsection (a) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(July 31, 1945, ch. 339, §61, as added Pub. L. 105–277, div. A, §101(d) [title VI, §608], Oct. 21, 1998, 112 Stat. 2681–150, 2681-224.)
§286e–2. Loans to Fund
(a) Limitations
(1) In order to carry out the purposes of the decisions of January 5, 1962, February 24, 1983, and January 27, 1997, as amended in accordance with their terms, of the Executive Directors of the International Monetary Fund, the Secretary of the Treasury is authorized to make loans, in an amount not to exceed the equivalent of 6,712,000,000 Special Drawing Rights, limited to such amounts as are provided in advance in appropriations Acts, except that prior to activation, the Secretary of the Treasury shall certify that supplementary resources are needed to forestall or cope with an impairment of the international monetary system and that the Fund has fully explored other means of funding, to the Fund under article VII, section 1(i), of the Articles of Agreement of the Fund. Any loan under the authority granted in this subsection shall be made with due regard to the present and prospective balance of payments and reserve position of the United States.
(2) In order to carry out the purposes of a one-time decision of the Executive Directors of the International Monetary Fund (the Fund) to expand the resources of the New Arrangements to Borrow, established pursuant to the decision of January 27, 1997 referred to in paragraph (1) above, and to make other amendments to the New Arrangements to Borrow to achieve an expanded and more flexible New Arrangements to Borrow as contemplated by paragraph 17 of the G–20 Leaders' Statement of April 2, 2009 in London, the Secretary of the Treasury is authorized to instruct the United States Executive Director to consent to such amendments notwithstanding subsection (d) of this section, and to make loans, in an amount not to exceed the dollar equivalent of 75,000,000,000 Special Drawing Rights, in addition to any amounts previously authorized under this section and limited to such amounts as are provided in advance in appropriations Acts, except that prior to activation, the Secretary of the Treasury shall report to Congress on whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and whether the Fund has fully explored other means of funding, to the Fund under article VII, section 1(i), of the Articles of Agreement of the Fund: Provided, That prior to instructing the United States Executive Director to provide consent to such amendments, the Secretary of the Treasury shall consult with the appropriate congressional committees on the amendments to be made to the New Arrangements to Borrow, including guidelines and criteria governing the use of its resources; the countries that have made commitments to contribute to the New Arrangements to Borrow and the amount of such commitments; and the steps taken by the United States to expand the number of countries so the United States share of the expanded New Arrangements to Borrow remains not greater than 20 percent, which approximates the United States share as of June 24, 2009: Provided further, That any loan under the authority granted in this subsection shall be made with due regard to the present and prospective balance of payments and reserve position of the United States.
(3) In order to carry out the purposes of a one-time decision of the Executive Directors of the International Monetary Fund (the Fund) to expand the resources of the New Arrangements to Borrow, established pursuant to the decision of January 27, 1997, referred to in paragraph (1), the Secretary of the Treasury is authorized to make loans, in an amount not to exceed the dollar equivalent of 28,202,470,000 of Special Drawing Rights, in addition to any amounts previously authorized under this section, except that prior to activation of the New Arrangements to Borrow, the Secretary of the Treasury shall report to Congress whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and whether the Fund has fully explored other means of funding to the Fund.
(4) The authority to make loans under this section shall expire on the date that is 5 years after December 16, 2009, unless the Secretary of the Treasury, not later than 60 days before such expiration date or 60 days prior to the renewal of the decision governing the New Arrangements to Borrow (NAB), whichever occurs first, certifies to the appropriate congressional committees, that—
(A) no amendments made, or anticipated to be made, to the NAB to achieve an expanded and more flexible NAB, as described in paragraph 17 of the G20 Leaders' Statement at the 2009 London Summit, will impair the ability of the Secretary of the Treasury to consider a renewal of the NAB decision at intervals no greater than 5 years and to withdraw the adherence of the United States to the NAB decision as is currently provided under paragraph 19 of the New Arrangement to Borrow, adopted by the Executive Board of the International Monetary Fund (IMF) on January 27, 1997; and
(B)(i) the IMF will borrow resources from members under the NAB only when quota resources need to be supplemented in order to forestall or cope with an impairment of the international monetary system or to deal with an exceptional situation that poses a threat to the stability of that system;
(ii) the IMF has, prior to any activation of the NAB, fully explored other means of funding to supplement any potential shortfall in quota resources necessary to forestall or cope with an impairment of the international monetary system or to deal with an exceptional situation that poses a threat to the stability of that system; or
(iii) it is in the United States' strategic economic interest to maintain the relative size or lower of the United States contribution to the NAB as in effect on the date of the certification.
(5) Not later than 15 days before submitting the certification under paragraph (4), the Secretary of the Treasury shall consult with the appropriate congressional committees regarding such certification.
(6) The authority to make loans under this section shall expire on December 31, 2030.
(b) Authorization of appropriations; repayments available for loans to Fund
(1) For the purpose of making loans to the International Monetary Fund pursuant to subsection (a)(1) of this section, there is authorized to be appropriated 6,712,000,000 Special Drawing Rights, except that prior to activation, the Secretary of the Treasury shall certify whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and that the Fund has fully explored other means of funding, to remain available until expended to meet calls by the International Monetary Fund. Any payments made to the United States by the International Monetary Fund as a repayment on account of the principal of a loan made under this section shall continue to be available for loans to the International Monetary Fund, only to the extent that amounts available for such loans are not rescinded by an Act of Congress.
(2) For the purpose of making loans to the International Monetary Fund pursuant to subsection (a)(2) of this section, there is hereby authorized to be appropriated not to exceed the dollar equivalent of 75,000,000,000 Special Drawing Rights, in addition to any amounts previously authorized under this section, except that prior to activation, the Secretary of the Treasury shall report to Congress on whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and whether the Fund has fully explored other means of funding, to remain available until expended to meet calls by the Fund. Any payments made to the United States by the Fund as a repayment on account of the principal of a loan made under this section shall continue to be available for loans to the Fund, only to the extent that amounts available for such loans are not rescinded by an Act of Congress.
(c) Interest and charges covered into Treasury; additional authorization of appropriations for payment of charges for purchase of currencies or gold from Fund
Payments of interest and charges to the United States on account of any loan to the International Monetary Fund shall be covered into the Treasury as miscellaneous receipts. In addition to the amount authorized in subsection (b), there is authorized to be appropriated such amounts as may be necessary for the payment of charges in connection with any purchases of currencies or gold by the United States from the International Monetary Fund.
(d) Amendment to Executive Directors' decision prohibited; conditions
Unless the Congress by law so authorizes, neither the President, the Secretary of the Treasury, nor any other person acting on behalf of the United States, may instruct the United States Executive Director to the Fund to consent to any amendment to the Decision of February 24, 1983, or the Decision of January 27, 1997, of the Executive Directors of the Fund, if the adoption of such amendment would significantly alter the amount, terms, or conditions of participation by the United States in the General Arrangements to Borrow or the New Arrangements to Borrow, as applicable.
(e) New requirement for activation of the new arrangements to borrow
(1) The Secretary of the Treasury shall include in the certification and report required by paragraphs (a)(1), (a)(2), (a)(3), (b)(1), and (b)(2) of this section prior to activation an additional certification and report that—
(A) the one-year forward commitment capacity of the IMF (excluding borrowed resources) is expected to fall below 100,000,000,000 Special Drawing Rights during the period of the NAB activation; and
(B) activation of the NAB is in the United States strategic economic interest with the reasons and analysis for that determination.
(2) Prior to submitting any certification and report required by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this section, the Secretary of the Treasury shall consult with the appropriate congressional committees.
(f) Appropriate congressional committees, defined
In this section, the term "appropriate congressional committees" means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Financial Services of the House of Representatives.
(July 31, 1945, ch. 339, §17, as added Pub. L. 87–490, §1, June 19, 1962, 76 Stat. 105; amended Pub. L. 94–564, §4, Oct. 19, 1976, 90 Stat. 2661; Pub. L. 98–181, title I [title VIII, §802(a)(1)–(3)], Nov. 30, 1983, 97 Stat. 1268; Pub. L. 105–277, div. A, §101(d) [title VI, §609], Oct. 21, 1998, 112 Stat. 2681–150, 2681-224; Pub. L. 111–32, title XIV, §1401, June 24, 2009, 123 Stat. 1916; Pub. L. 111–117, div. F, title VII, §7090(b), (c), Dec. 16, 2009, 123 Stat. 3406; Pub. L. 114–113, div. K, title IX, §9001, Dec. 18, 2015, 129 Stat. 2829; Pub. L. 116–136, div. B, title XI, §21012(b)(5)(A), Mar. 27, 2020, 134 Stat. 595; Pub. L. 118–47, div. F, title VII, §7071(e)(1), Mar. 23, 2024, 138 Stat. 852.)
Editorial Notes
Amendments
2024—Subsec. (a)(6). Pub. L. 118–47 substituted "December 31, 2030" for "December 31, 2025".
2020—Subsec. (a)(3), (4). Pub. L. 116–136, §21012(b)(5)(A)(i)(I), (II), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 116–136, §21012(b)(5)(A)(i)(I), (III), redesignated par. (4) as (5) and substituted "paragraph (4)" for "paragraph (3)". Former par. (5) redesignated (6).
Subsec. (a)(6). Pub. L. 116–136, §21012(b)(5)(A)(i)(I), (IV), redesignated par. (5) as (6) and substituted "December 31, 2025" for "December 16, 2022".
Subsec. (e)(1). Pub. L. 116–136, §21012(b)(5)(A)(ii), which directed amendment of subsec. (e)(1) by substituting "(a)(2), (a)(3)," for "(a)(2)," "each place such term appears", was executed as directed to the one place it appeared in subsec. (e)(1), even though "(a)(2)," also appears in subsec. (e)(2).
2015—Subsec. (a)(5). Pub. L. 114–113, §9001(1), added par. (5).
Subsec. (b). Pub. L. 114–113, §9001(2), inserted before period at end of pars. (1) and (2) ", only to the extent that amounts available for such loans are not rescinded by an Act of Congress".
Subsec. (e). Pub. L. 114–113, §9001(3), added subsec. (e).
Subsec. (f). Pub. L. 114–113, §9001(4), added subsec. (f).
2009—Subsec. (a). Pub. L. 111–32, §1401(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (a)(2). Pub. L. 111–117, §7090(c), substituted "remains not greater than 20 percent, which approximates the United States share as of June 24, 2009" for "is representative of its share as of the date of the enactment of this Act".
Subsec. (a)(3), (4). Pub. L. 111–117, §7090(b), added pars. (3) and (4).
Subsec. (b). Pub. L. 111–32, §1401(2), designated existing provisions as par. (1), inserted "subsection (a)(1) of" after "pursuant to", and added par. (2).
1998—Subsec. (a). Pub. L. 105–277, §101(d) [title VI, §609(1)], substituted "February 24, 1983, and January 27, 1997" for "and February 24, 1983" and "6,712,000,000" for "4,250,000,000".
Subsec. (b). Pub. L. 105–277, §101(d) [title VI, §609(2)], substituted "6,712,000,000" for "4,250,000,000".
Subsec. (d). Pub. L. 105–277, §101(d) [title VI, §609(3)], inserted "or the Decision of January 27, 1997," after "February 24, 1983," and "or the New Arrangements to Borrow, as applicable" before period at end.
1983—Subsec. (a). Pub. L. 98–181, §802(a)(1), substituted "decisions of January 5, 1962, and February 24, 1983, as amended in accordance with their terms" for "decision of January 5, 1962", and "in an amount not to exceed the equivalent of 4,250,000,000 Special Drawing Rights, limited to such amounts as are provided in advance in appropriations Acts, except that prior to activation, the Secretary of the Treasury shall certify that supplementary resources are needed to forestall or cope with an impairment of the international monetary system and that the fund has fully explored other means of funding" for "not to exceed $2,000,000,000 outstanding at any one time".
Subsec. (b). Pub. L. 98–181, §802(a)(2), substituted "4,250,000,000 Special Drawing Rights, except that prior to activation, the Secretary of the Treasury shall certify whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and that the Fund has fully explored other means of funding" for "$2,000,000,000".
Subsec. (d). Pub. L. 98–181, §802(a)(3), added subsec. (d).
1976—Subsec. (a). Pub. L. 94–564 substituted "section 1(i)" for "section 2(i)".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–113, div. K, title IX, §9001(3), Dec. 18, 2015, 129 Stat. 2829, provided in part that subsection (e) of this section is "effective from the first day of the next period of renewal of the NAB [New Arrangements to Borrow] decision after enactment of this Act [Dec. 18, 2015]".
Effective Date of 1976 Amendment
Amendment effective Apr. 1, 1978, see section 9 of Pub. L. 94–564, set out as a note under section 286a of this title.
§286e–3. Transfers to stabilization fund of purchase of currencies or gold from International Monetary Fund; administration; utilization of fund resources for repayments
Any purchases of currencies or gold by the United States from the International Monetary Fund may be transferred to and administered by the fund established by section 5302 of title 31, for use in accordance with the provisions of that section. The Secretary of the Treasury is authorized to utilize the resources of that fund for the purpose of any repayments in connection with such transactions.
(July 31, 1945, ch. 339, §18, as added Pub. L. 87–490, §1, June 19, 1962, 76 Stat. 105.)
Editorial Notes
Codification
"Section 5302 of title 31" substituted in text for "section 10 of the Gold Reserve Act of 1934, as amended (31 U.S.C. 822a)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
§286e–4. Loans to International Finance Corporation; amendment to Articles of Agreement
The United States Governor of the Bank is authorized to agree to an amendment to the articles of agreement of the Bank to permit the Bank to make, participate in, or guarantee loans to the International Finance Corporation for use in the lending operations of the latter.
(July 31, 1945, ch. 339, §21, as added Pub. L. 89–126, §1(3), Aug. 14, 1965, 79 Stat. 519.)
§286e–5. Amendments to Articles of Agreement
The United States Governor of the Fund is authorized to accept the amendments to the Articles of Agreement of the Fund approved in resolution numbered 31–4 of the Board of Governors of the Fund.
(July 31, 1945, ch. 339, §24, as added Pub. L. 94–564, §1, Oct. 19, 1976, 90 Stat. 2660.)
§286e–5a. Additional amendments to Articles of Agreement
The United States Governor of the Bank is hereby authorized to agree to and to accept the amendment to the Articles of Agreement in the proposed resolution entitled "Amendment to the Articles of Agreement of the Bank", forwarded to the United States on February 27, 1987.
(July 31, 1945, ch. 339, §52, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section 52 of act July 31, 1945, is based on section 601 of title VI of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§286e–5b. Acceptance of amendments to Articles of Agreement of the Fund approved on June 28, 1990
The United States Governor of the Fund may agree to and accept the amendments to the Articles of Agreement of the Fund as proposed in the resolution numbered 45–3 of the Board of Governors of the Fund that was approved by such Board on June 28, 1990.
(July 31, 1945, ch. 339, §57, as added Pub. L. 102–511, title X, §1001, Oct. 24, 1992, 106 Stat. 3357.)
§286e–6. Vote against establishment of Council
The United States Governor of the Fund is directed to vote against the establishment of a Council authorized under Article XII, Section 1 of the Fund Articles of Agreement as amended, if under any circumstances the United States' vote in the Council would be less than its weighted vote in the Fund.
(July 31, 1945, ch. 339, §26, as added Pub. L. 94–564, §1, Oct. 19, 1976, 90 Stat. 2660.)
§286e–7. Supplementary Financing Facility
(a) Availability of resources
For the purpose of participation of the United States in the Supplementary Financing Facility (hereinafter referred to as the "facility") established by the decision numbered 5508–(77/127) of the Executive Directors of the Fund, the Secretary of the Treasury is authorized to make resources available as provided in the decision numbered 5509–(77/127) of the Fund, in an amount not to exceed the equivalent of 1,450 million Special Drawing Rights.
(b) Adjustments in the value of monetary assets
The Secretary of the Treasury shall account, through the fund established by section 5302 of title 31, for any adjustment in the value of monetary assets held by the United States in respect of United States participation in the facility.
(c) Authorization of appropriations
Notwithstanding any other provision of this section, the authority of the Secretary to enter into agreements making resources available under this section shall be limited to such amounts as are appropriated in advance in appropriation Acts. Effective October 1, 1978, there are hereby authorized to be appropriated to the Secretary of the Treasury, without fiscal year limitation, such sums as are necessary to carry out subsection (a) of this section, but not to exceed an amount of dollars equivalent to 1,450 million Special Drawing Rights.
(July 31, 1945, ch. 339, §28, as added Pub. L. 95–435, §1, Oct. 10, 1978, 92 Stat. 1051.)
Editorial Notes
Codification
In subsec. (b), "section 5302 of title 31" substituted for "section 10 of the Gold Reserve Act of 1934, as amended (31 U.S.C. 822a)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
§286e–8. Treatment of creditors in debt rescheduling
The Secretary of the Treasury shall instruct the United States executive director to seek to assure that no decision by the International Monetary Fund undermines or departs from United States policy regarding the comparability of treatment of public and private creditors in cases of debt rescheduling where official United States credits are involved.
(July 31, 1945, ch. 339, §29, as added Pub. L. 95–435, §3, Oct. 10, 1978, 92 Stat. 1052; amended Pub. L. 96–389, §5, Oct. 7, 1980, 94 Stat. 1554.)
Editorial Notes
Amendments
1980—Pub. L. 96–389 struck out "on the use of the facility" after "Monetary Fund".
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–389 effective Oct. 7, 1980, see section 12 of Pub. L. 96–389, set out as an Effective Date note under section 286s of this title.
§286e–9. Stabilization programs
The Secretary of the Treasury shall instruct the United States executive director on the Executive Board of the International Monetary Fund to initiate a wide consultation with the managing director of the Fund and other member country executive directors with regard to encouraging the staff of the Fund to formulate stabilization programs which, to the maximum feasible extent, foster a broader base of productive investment and employment, especially in those productive activities which are designed to meet basic human needs.
(July 31, 1945, ch. 339, §30, as added Pub. L. 95–435, §4, Oct. 10, 1978, 92 Stat. 1052; amended Pub. L. 96–389, §2(b), Oct. 7, 1980, 94 Stat. 1553; Pub. L. 101–240, title V, §541(d)(1), (f)(2), Dec. 19, 1989, 103 Stat. 2518, 2519.)
Editorial Notes
Amendments
1989—Pub. L. 101–240 struck out subsec. (a) designation and struck out subsec. (b) which read as follows: "In order to gain a better understanding of the social, political and economic impact of the Fund's stabilization programs on borrowing countries, especially as it relates to the poor majority within those countries, the United States Governor of the Fund shall prepare and submit, not later than 180 days after the close of each calendar year, a report to the Congress. Such report shall evaluate, to the maximum extent feasible, with respect to countries to which loans are made during each year, the effects of policies of those countries which result from the standby agreements on basic human needs in such countries."
1980—Subsec. (a). Pub. L. 96–389, §2(b)(1), struck out "entered into pursuant to loans from the Supplementary Financing Facility" after "stabilization programs".
Subsec. (b). Pub. L. 96–389, §2(b)(2), (3), struck out "entered into pursuant to loans from the Supplementary Financing Facility" after "stabilization programs" and "by the Supplementary Financing Facility" after "loans are made".
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–389 effective Oct. 7, 1980, see section 12 of Pub. L. 96–389, set out as an Effective Date note under section 286s of this title.
§286e–10. Repealed. Pub. L. 97–35, title XIII, §1371(a)(1), Aug. 13, 1981, 95 Stat. 746
Section, act July 31, 1945, ch. 339, §31, as added Oct. 10, 1978, Pub. L. 95–435, §4, 92 Stat. 1052, required an annual report to Congress on the status of internationally recognized human rights in each country which draws on funds under the Supplementary Financing Facility of the International Monetary Fund.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal 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.
§286e–11. Assistance by the Fund to any country harboring international terrorists
The Secretary of the Treasury shall instruct the Executive Director of the United States to the International Monetary Fund to work in opposition to any extension of financial or technical assistance by the Supplemental Financing Facility or by any other agency or facility of such Fund to any country the government of which—
(1) permits entry into the territory of such country to any person who has committed an act of international terrorism, including any act of aircraft hijacking, or otherwise supports, encourages, or harbors such person; or
(2) fails to take appropriate measures to prevent any such person from committing any such act outside the territory of such country.
(Pub. L. 95–435, §6, Oct. 10, 1978, 92 Stat. 1053.)
Editorial Notes
Codification
Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreements Act, which comprises this subchapter.
§286e–12. Contribution to Interest Subsidy Account of Enhanced Structural Adjustment Facility of International Monetary Fund
(a) Contribution authorized
(1) In general
Subject to paragraph (2), the United States Governor of the Fund may contribute $150,000,000 to the Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the Fund on behalf of the United States.
(2) Condition
The United States Governor of the Fund may not make a commitment to contribute any amount authorized to be contributed under paragraph (1) before an amount equal to such amount has been appropriated for such purpose.
(b) Limitation on authorization of appropriations
To pay for the contribution authorized by subsection (a), there are authorized to be appropriated not to exceed $150,000,000, without fiscal year limitation, for payment by the Secretary of the Treasury.
(July 31, 1945, ch. 339, §54, as added Pub. L. 101–240, title III, §301, Dec. 19, 1989, 103 Stat. 2500.)
§286e–13. Approval of fund pledge to sell gold to provide resources for Reserve Account of Enhanced Structural Adjustment Facility Trust
The Secretary of the Treasury is authorized to instruct the United States Executive Director of the Fund to vote to approve the Fund's pledge to sell, if needed, up to 3,000,000 ounces of the Fund's gold, to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to a level that would be sufficient to meet obligations of the Trust payable to lenders which have made loans to the Loan Account of the Trust that have been used for the purpose of financing programs to Fund members previously in arrears to the Fund.
(July 31, 1945, ch. 339, §58, as added Pub. L. 102–511, title X, §1001, Oct. 24, 1992, 106 Stat. 3357.)
§286f. Obtaining and furnishing information to the Fund
(a) Required disclosure
Whenever a request is made by the Fund to the United States as a member to furnish data under article VIII, section 5, of the Articles of Agreement of the Fund, the President may, through any agency he may designate, require any person to furnish such information as the President may determine to be essential to comply with such request. In making such determination the President shall seek to collect the information only in such detail as is necessary to comply with the request of the Fund. No information so acquired shall be furnished to the Fund in such detail that the affairs of any person are disclosed.
(b) Penalty for refusal
In the event any person refuses to furnish such information when requested to do so, the President, through any designated governmental agency, may by subpoena require such person to appear and testify or to appear and produce records and other documents, or both. In case of contumacy by, or refusal to obey a subpoena served upon any such person, the district court for any district in which such person is found or resides or transacts business, upon application by the President or any governmental agency designated by him, shall have jurisdiction to issue an order requiring such person to appear and give testimony or appear and produce records and documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
(c) Penalty for unlawful disclosures
It shall be unlawful for any officer or employee of the Government, or for any advisor or consultant to the Government, to disclose, otherwise than in the course of official duty, any information obtained under this section, or to use any such information for his personal benefit. Whoever violates any of the provisions of this subsection shall, upon conviction, be fined not more than $5,000, or imprisoned for not more than five years, or both.
(d) "Person" defined
The term "person" as used in this section means an individual, partnership, corporation or association.
(July 31, 1945, ch. 339, §8, 59 Stat. 515.)
Executive Documents
Ex. Ord. No. 10033. Regulations Governing the Providing of Statistical Information to Intergovernmental Organizations
Ex. Ord. No. 10033, Feb. 8, 1949, 14 F.R. 561, as amended by Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813; Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, provided:
(b) The Director shall determine which Federal executive agency or agencies shall collect or make available information found essential under section 2(a) hereof.
(c) In the collection of information pursuant to a determination made by the Director under section 2(b) hereof in response to a request under article VIII, section 5, of the Articles of Agreement of the International Monetary Fund, the authority conferred on the President by section 8 of the Bretton Woods Agreements Act [this section] to require any person to furnish such information, by subpoena or otherwise, may be exercised by each of the following-named agencies:
Department of Agriculture.
Department of Commerce.
Department of the Interior.
Department of Labor.
Department of the Treasury.
Board of Governors of the Federal Reserve System.
Federal Communications Commission.
Federal Deposit Insurance Corporation.
Federal Power Commission.
Federal Trade Commission.
Interstate Commerce Commission.
Securities and Exchange Commission.
United States Maritime Commission.
United States Tariff Commission [now the United States International Trade Commission].
(d) The information collected or made available under section 2 of this order shall be submitted to the National Advisory Council for review and for presentation to the said Fund or Bank.
(e) As used in this order, the word "person" means an individual, partnership, corporation, or association.
§286g. Jurisdiction and venue of actions
For the purpose of any action which may be brought within the United States or its Territories or possessions by or against the Fund or the Bank in accordance with the Articles of Agreement of the Fund or the Articles of Agreement of the Bank, the Fund or the Bank, as the case may be, shall be deemed to be an inhabitant of the Federal judicial district in which its principal office in the United States is located, and any such action at law or in equity to which either the Fund or the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States shall have original jurisdiction of any such action. When either the Fund or the Bank is a defendant in any such action, it may, at any time before the trial thereof, remove such action from a State court into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law.
(July 31, 1945, ch. 339, §10, 59 Stat. 516.)
§286h. Status, privileges, and immunities of the United States
The provisions of article IX, sections 2 to 9, both inclusive, and the first sentence of article VIII, section 2(b), of the Articles of Agreement of the Fund, and the provisions of article VI, section 5(i), and article VII, sections 2 to 9, both inclusive, of the Articles of Agreement of the Bank, shall have full force and effect in the United States and its Territories and possessions upon acceptance of membership by the United States in, and the establishment of, the Fund and the Bank, respectively.
(July 31, 1945, ch. 339, §11, 59 Stat. 516.)
§286i. Stabilization loans by Bank; amendment to Articles of Agreement
The governor and executive director of the Bank appointed by the United States are directed to obtain promptly an official interpretation by the Bank as to its authority to make or guarantee loans for programs of economic reconstruction and the reconstruction of monetary systems, including long-term stabilization loans. If the Bank does not interpret its powers to include the making or guaranteeing of such loans, the governor of the Bank representing the United States is directed to propose promptly and support an amendment to the Articles of Agreement for the purpose of explicitly authorizing the Bank, after consultation with the Fund, to make or guarantee such loans. The President is authorized and directed to accept an amendment to that effect on behalf of the United States.
(July 31, 1945, ch. 339, §12, 59 Stat. 516.)
§286j. Use of Fund resources
(a) Official interpretation of authority of Fund
The governor and executive director of the Fund appointed by the United States are directed to obtain promptly an official interpretation by the Fund as to whether its authority to use its resources extends beyond current monetary stabilization operations to afford temporary assistance to members in connection with seasonal, cyclical, and emergency fluctuations in the balance of payment of any member for current transactions, and whether it has authority to use its resources to provide facilities for relief, reconstruction, or armaments, or to meet a large or sustained outflow of capital on the part of any member.
(b) Proposal of amendment
If the interpretation by the Fund answers in the affirmative any of the questions stated in subsection (a), the governor of the Fund representing the United States is directed to propose promptly and support an amendment to the Articles of Agreement for the purpose of expressly negativing such interpretation. The President is authorized and directed to accept an amendment to that effect on behalf of the United States.
(July 31, 1945, ch. 339, §13, 59 Stat. 517.)
§286k. Further promotion of international economic relations
(a) Congressional declaration of policy
In the realization that additional measures of international economic cooperation are necessary to facilitate the expansion and balanced growth of international trade and render most effective the operations of the Fund and the Bank, it is declared to be the policy of the United States to seek to bring about further agreement and cooperation among nations and international bodies, as soon as possible, on ways and means which will best reduce obstacles to and restrictions upon international trade, eliminate unfair trade practices, promote mutually advantageous commercial relations, and otherwise facilitate the expansion and balanced growth of international trade and promote the stability of international economic relations. In considering the policies of the United States in foreign lending and the policies of the Fund and the Bank, particularly in conducting exchange transactions, the Council and the United States representatives on the Fund and the Bank shall give careful consideration to the progress which has been made in achieving such agreement and cooperation.
(b) Transmittal of information to Congressional committees
The President shall, upon the request of any committee of the Congress with legislative or oversight jurisdiction over monetary policy or the International Monetary Fund, provide to such committee any appropriate information relevant to that committee's jurisdiction which is furnished to any department or agency of the United States by the International Monetary Fund. The President shall comply with this provision consistent with United States membership obligations in the International Monetary Fund and subject to such limitations as are appropriate to the sensitive nature of the information.
(July 31, 1945, ch. 339, §14, 59 Stat. 517; Pub. L. 95–147, §4(a)(2), Oct. 28, 1977, 91 Stat. 1228.)
Editorial Notes
Amendments
1977—Pub. L. 95–147 designated existing provisions as subsec. (a) and added subsec. (b).
§286k–1. Securities issued by Bank as exempt securities; reports filed with Security and Exchange Commission
(a) Any securities issued by International Bank for Reconstruction and Development (including any guaranty by the bank, whether or not limited in scope), and any securities guaranteed by the bank as to both principal and interest, shall be deemed to be exempted securities within the meaning of subsection (a)(2) of section 77c of title 15, and subsection (a)(12) of section 78c of title 15. The bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the bank and its operations and necessary in the public interest or for the protection of investors.
(b) Repealed. Pub. L. 101–240, title V, §541(d)(1), Dec. 19, 1989, 103 Stat. 2518.
(July 31, 1945, ch. 339, §15, as added June 29, 1949, ch. 276, §2, 63 Stat. 298; amended Pub. L. 101–240, title V, §541(d)(1), Dec. 19, 1989, 103 Stat. 2518.)
Editorial Notes
Amendments
1989—Subsec. (b). Pub. L. 101–240 struck out subsec. (b) which related to contents of National Advisory Council reports provided for in section 286b of this title.
§286k–2. Suspension of right of International Bank to issue securities under section 286k–1; report of Securities and Exchange Commission
The Securities and Exchange Commission acting in consultation with the National Advisory Council on International Monetary and Financial Problems is authorized to suspend the provisions of section 286k–1 (a) of this title at any time as to any or all securities issued or guaranteed by the bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this section, and section 286k–1 of this title and section 24 of title 12 and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission.
(June 29, 1949, ch. 276, §3, 63 Stat. 299.)
Editorial Notes
Codification
Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreements Act, which comprises this subchapter.
Executive Documents
Delegation of Functions
Functions of National Advisory Council on International Monetary and Financial Problems delegated to National Advisory Council on International Monetary and Financial Policies, see section 2(a) of Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note under section 286b of this title.
§286l. British loan; authorization to Secretary of the Treasury to carry out agreement
The Secretary of the Treasury, in consultation with the National Advisory Council on International Monetary and Financial Problems, is authorized to carry out the agreement dated December 6, 1945, between the United States and the United Kingdom which was transmitted by the President to the Congress on January 30, 1946, and the action of the Secretary of the Treasury in signing the agreement dated March 6, 1957, amending said agreement is approved.
(July 15, 1946, ch. 577, §1, 60 Stat. 535; Pub. L. 85–21, Apr. 20, 1957, 71 Stat. 17.)
Editorial Notes
References in Text
Agreement dated December 6, 1945, between the United States and the United Kingdom, referred to in text, is set out as a note below.
Codification
Section was not enacted as a part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreements Act, which comprises this subchapter.
Amendments
1957—Pub. L. 85–21 inserted ", and the action of the Secretary of the Treasury in signing the agreement dated March 6, 1957, amending said agreement is approved".
Statutory Notes and Related Subsidiaries
Purposes
Act July 15, 1946, ch. 577, 60 Stat. 535, provided that:
"Whereas in the Bretton Woods Agreements Act [this subchapter] the Congress has declared it to be the policy of the United States 'to seek to bring about further agreement and cooperation among nations and international bodies, as soon as possible, on ways and means which will best reduce obstacles to and restrictions upon international trade, eliminate unfair trade practices, promote mutually advantageous commercial relations, and otherwise facilitate the expansion and balanced growth of international trade and promote the stability of international economic relations'; and
"Whereas in further implementation of the purposes of the Bretton Woods Agreements, the Governments of the United States and the United Kingdom have negotiated an agreement dated December 6, 1945, designed to expedite the achievement of stable and orderly exchange arrangements, the prompt elimination of exchange restrictions and discriminations, and other objectives of the above-mentioned policy declared by the Congress."
Executive Documents and International Agreements
Delegation of Functions
Functions of National Advisory Council on International Monetary and Financial Problems delegated to National Advisory Council on International Monetary and Financial Policies, see section 2(a) of Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note under section 286b of this title.
Financial Agreement Between the Governments of the United States and the United Kingdom
It is hereby agreed between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland as follows:
1. Effective date of the agreement: The effective date of this Agreement shall be the date on which the Government of the United States notifies the Government of the United Kingdom that the Congress of the United States has made available the funds necessary to extend to the Government of the United Kingdom the line of credit in accordance with the provisions of this Agreement.
2. Line of credit: The Government of the United States will extend to the Government of the United Kingdom a line of credit of $3,750,000,000 which may be drawn upon at any time between the effective date of this Agreement and December 31, 1951, inclusive.
3. Purpose of the line of credit: The purpose of the line of credit is to facilitate purchases by the United Kingdom of goods and services in the United States, to assist the United Kingdom to meet transitional post-war deficits in its current balance of payments, to help the United Kingdom to maintain adequate reserves of gold and dollars, and to assist the Government of the United Kingdom to assume the obligations of multilateral trade, as defined in this and other agreements.
4. Amortization and interest:
(i) The amount of the line of credit drawn by December 31, 1951, shall be repaid in 50 annual installments beginning on December 31, 1951, with interest at the rate of 2 percent per annum. Interest for the year 1951 shall be computed on the amount outstanding on December 31, 1951, and for each year thereafter, interest shall be computed on the amount outstanding on January 1 of each such year.
Forty-nine annual installments of principal repayments and interest shall be equal, calculated at the rate of $31,823,000 for each $1,000,000,000 of the line of credit drawn by December 31, 1951, and the fiftieth installment shall be at the rate of $31,840,736.65 for each such $1,000,000,000. Each installment shall consist of the full amount of the interest due and the remainder of the installment shall be the principal to be repaid in that year. Payments required by this section are subject to the provisions of section 5.
(ii) The Government of the United Kingdom may accelerate repayment of the amount drawn under this line of credit.
5. Deferment of annual installments.
(i) In any calendar year after December 31, 1956, in which the Government of the United Kingdom advises the Government of the United States that it finds that a deferment is necessary in view of the present and prospective conditions of international exchange and the level of its gold and foreign exchange reserves, the Government of the United Kingdom may defer the payment of the annual installment for that year of principal repayment and interest specified under Section 4. Not more than seven (7) annual installments may be so deferred. The first of any such deferred installments shall be paid on December 31, 2001, and the others shall be paid annually thereafter, in order.
(ii) In addition, the installment of interest in respect of the year 1956 is hereby deferred, in lieu of any right of waiver hitherto existing. This installment shall be paid on December 31 of the year following that in which the last of all other installments, including installments deferred under the preceding paragraph, is due.
(iii) Deferred installments shall bear interest at the rate of 2 percent per annum, payable annually on December 31 of each year following that in which deferment occurs.
(iv) Payment of deferred installments may be accelerated, in whole or in part, at the option of the Government of the United Kingdom. [Amended Mar. 6, 1957, eff. Apr. 25, 1957.]
6. Relation of this line of credit to other obligations. The Government of the United Kingdom undertakes not to defer an installment under Section 5 of this Agreement in any year, unless it also defers the installment due in that year under the Financial Agreement between the Government of Canada and the Government of the United Kingdom, dated March 6, 1946. [Amended Mar. 6, 1957, eff. Apr. 25, 1957.]
7. Sterling area exchange arrangements: The Government of the United Kingdom will complete arrangements as early as practicable and in any case not later than one year after the effective date of this Agreement, unless in exceptional cases a later date is agreed upon after consultation, under which immediately after the completion of such arrangements the sterling receipts from current transactions of all sterling area countries (apart from any receipts arising out of military expenditure by the Government of the United Kingdom prior to December 31, 1948, to the extent to which they are treated by agreement with the countries concerned on the same basis as the balances accumulated during the war) will be freely available for current transactions in any currency area without discrimination; with the result that any discrimination arising from the so-called sterling area dollar pool will be entirely removed and that each member of the sterling area will have its current sterling and dollar receipts at its free disposition for current transactions anywhere.
8. Other exchange arrangements:
(i) Government of the United Kingdom agrees that after the effective date of this Agreement it will not apply exchange controls in such a manner as to restrict (a) payments or transfers in respect of products of the United States permitted to be imported into the United Kingdom or other current transactions between the two countries or (b) the use of sterling balances to the credit of residents of the United States arising out of current transactions. Nothing in this paragraph (i) shall affect the provisions of Article VII of the Articles of Agreement of the International Monetary Fund when those Articles have come into force.
(ii) The Governments of the United States and the United Kingdom agree that not later than one year after the effective date of this Agreement, unless in exceptional cases a later date is agreed upon after consultation, they will impose no restrictions on payments and transfers for current transactions. The obligations of this paragraph (ii) shall not apply:
(a) to balances of third countries and their nationals accumulated before this paragraph (ii) becomes effective; or
(b) to restrictions imposed in conformity with the Articles of Agreement of the International Monetary Fund, provided that the Governments of the United Kingdom and the United States will not continue to invoke the provisions of Article XIV, Section 2 of those Articles after this paragraph (ii) becomes effective, unless in exceptional cases after consultation they agree otherwise; or
(c) to restrictions imposed in connection with measures designed to uncover and dispose of assets of Germany and Japan.
(iii) This section and section 9, which are in anticipation of more comprehensive arrangements by multilateral agreement, shall operate until December 31, 1951.
9. Import arrangements: If either the Government of the United States or the Government of the United Kingdom imposes or maintains quantitative import restrictions, such restrictions shall be administered on a basis which does not discriminate against imports from the other country in respect of any product; provided that this undertaking shall not apply in cases in which (a) its application would have the effect of preventing the country imposing such restrictions from utilizing, for the purchase of needed imports, inconvertible currencies accumulated up to December 31, 1946, or (b) there may be special necessity for the country imposing such restrictions to assist, by measures not involving a substantial departure from the general rule of non-discrimination, a country whose economy has been disrupted by war, or (c) either government imposes quantitative restrictions having equivalent effect to any exchange restrictions which that government is authorized to impose in conformity with Article VII of the Articles of Agreement of the International Monetary Fund. The provisions of this section shall become effective as soon as practicable but not later than December 31, 1946.
10. Accumulated sterling balances:
(i) The Government of the United Kingdom intends to make agreements with the countries concerned, varying according to the circumstances of each case, for an early settlement covering the sterling balances accumulated by sterling area and other countries prior to such settlement (together with any future receipts arising out of military expenditure by the Government of the United Kingdom to the extent to which they are treated on the same basis by agreement with the countries concerned). The settlements with the sterling area countries will be on the basis of dividing these accumulated balances into three categories (a) balances to be released at once and convertible into any currency for current transactions, (b) balances to be similarly released by installments over a period of years beginning in 1951, and (c) balances to be adjusted as a contribution to the settlement of war and postwar indebtedness and in recognition of the benefits which the countries concerned might be expected to gain from such a settlement. The Government of the United Kingdom will make every endeavor to secure the early completion of these arrangements.
(ii) In consideration of the fact that an important purpose of the present line of credit is to promote the development of multilateral trade and facilitate its early resumption on a non-discriminatory basis, the Government of the United Kingdom agrees that any sterling balances released or otherwise available for current payments will, not later than one year after the effective date of this Agreement unless in special cases a later date is agreed upon after consultation, be freely available for current transactions in any currency area without discrimination.
11. Definitions:
For the purposes of this Agreement:
(i) The term "current transactions" shall have the meaning prescribed in Article XIX (i) of the Articles of Agreement of the International Monetary Fund.
(ii) The term "sterling area" means the United Kingdom and the other territories declared by the Defence (Finance) Definition of the Sterling Area) (No. 2) Order, 1944, to be included in the sterling area, namely "the following territories excluding Canada and Newfoundland, that is to say—
(a) any Dominion,
(b) any other part of His Majesty's dominions,
(c) any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty and is being exercised by His Majesty's Government in the United Kingdom or in any Dominion,
(d) any British protectorate or protected State,
(e) Egypt, the Anglo-Egyptian Sudan and Iraq.
(f) Iceland and the Faroe Islands."
12. Consultation on Agreement: Either government shall be entitled to approach the other for a reconsideration of any of the provisions of this Agreement, if in its opinion the prevailing conditions of international exchange justify such reconsideration, with a view to agreeing upon modifications for presentation to their respective legislatures.
Signed in duplicate at Washington, District of Columbia this 6th day of December, 1945.
For the Government of the United States of America:
Fred M. Vinson,
Secretary of the Treasury
of the United States of America.
For the Government of the United Kingdom of Great Britain and Northern Ireland:
Halifax.
§286m. Amount of loan; public-debt transaction; disposition of interest payments
For the purpose of carrying out the agreement dated December 6, 1945, between the United States and the United Kingdom, the Secretary of the Treasury is authorized to use as a public-debt transaction not to exceed $3,750,000,000 of the proceeds of any securities issued after July 15, 1946, under chapter 31 of title 31, and the purposes for which securities may be issued under that chapter are extended to include such purpose. Payments to the United Kingdom under this section and section 286l of this title and pursuant to the agreement and repayments thereof shall be treated as public-debt transactions of the United States. Payments of interest to the United States under the agreement shall be covered into the Treasury as miscellaneous receipts.
(July 15, 1946, ch. 577, §2, 60 Stat. 535.)
Editorial Notes
References in Text
Agreement dated December 6, 1945, between the United States and the United Kingdom, referred to in text, is set out as a note under section 286l of this title.
Codification
"Chapter 31 of title 31" and "that chapter" substituted in text for "the Second Liberty Bond Act, as amended" and "that Act", respectively, on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Section was not enacted as a part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreement Act, which comprises this subchapter.
§286n. Special Drawing Rights
The President is hereby authorized (a) to accept the amendment to the articles of agreement of the International Monetary Fund (hereinafter referred to as the "Fund"), attached to the April 1968 report by the Executive Directors to the Board of Governors of the Fund, for the purpose of (i) establishing a facility based on Special Drawing Rights in the Fund and (ii) giving effect to certain modifications in the present rules and practices of the Fund, and (b) to participate in the special drawing account established by the amendment.
(Pub. L. 90–349, §2, June 19, 1968, 82 Stat. 188.)
Editorial Notes
Codification
Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreement Act, which comprises this subchapter.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 90–349, §1, June 19, 1968, 82 Stat. 188, provided: "That this Act [enacting this section and sections 286o to 286r of this title and amending sections 412, 415, 417, and 467 of Title 12, Banks and Banking] may be cited as the 'Special Drawing Rights Act'."
§286o. Administration as part of the Exchange Stabilization Fund
(a) Special Drawing Rights
Special Drawing Rights allocated to the United States pursuant to article XVIII of the Articles of Agreement of the Fund, and Special Drawing Rights otherwise acquired by the United States, shall be credited to the account of, and administered as part of, the Exchange Stabilization Fund established by section 5302 of title 31.
(b) Deposit in and withdrawal from Fund
The proceeds resulting from the use of Special Drawing Rights by the United States, and payments of interest to the United States pursuant to article XX, article XXIV, and article XXV of the Articles of Agreement of the Fund, shall be deposited in the Exchange Stabilization Fund. Currency payments by the United States in return for Special Drawing Rights, and payments of charges or assessments pursuant to article XX, article XXIV, and article XXV of the Articles of Agreement of the Fund, shall be made from the resources of the Exchange Stabilization Fund.
(Pub. L. 90–349, §3, June 19, 1968, 82 Stat. 188; Pub. L. 94–564, §5(1), (2), Oct. 19, 1976, 90 Stat. 2661.)
Editorial Notes
Codification
In subsec. (a), "section 5302 of title 31" substituted for "section 10 of the Gold Reserve Act of 1934, as amended (31 U.S.C. 822a)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreement Act, which comprises this subchapter.
Amendments
1976—Subsec. (a). Pub. L. 94–564, §5(1), substituted "article XVIII" for "article XXIV".
Subsec. (b). Pub. L. 94–564, §5(2), substituted "article XX, article XXIV, and XXV" for "article XXVI, article XXX, and article XXXI" wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment effective Apr. 1, 1978, see section 9 of Pub. L. 94–564, set out as a note under section 286a of this title.
§286p. Issuance, purpose, and redemption of Special Drawing Rights certificates
(a) The Secretary of the Treasury is authorized to issue to the Federal Reserve banks, and such banks shall purchase, Special Drawing Right certificates in such form and in such denominations as he may determine, against any Special Drawing Rights held to the credit of the Exchange Stabilization Fund. Such certificates shall be issued and remain outstanding only for the purpose of financing the acquisition of Special Drawing Rights or for financing exchange stabilization operations. The amount of Special Drawing Right certificates issued and outstanding shall at no time exceed the value of the Special Drawing Rights held against the Special Drawing Right certificates. The proceeds resulting from the issuance of Special Drawing Right certificates shall be covered into the Exchange Stabilization Fund.
(b) Special Drawing Right certificates owned by the Federal Reserve banks shall be redeemed from the resources of the Exchange Stabilization Fund at such times and in such amounts as the Secretary of the Treasury may determine.
(Pub. L. 90–349, §4, June 19, 1968, 82 Stat. 188.)
Editorial Notes
Codification
Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreement Act, which comprises this subchapter.
§286q. Limitation on allocations to the United States
(a) Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States vote to allocate in each basic period Special Drawing Rights under article XVIII, sections 2 and 3, of the Articles of Agreement of the Fund so that allocations to the United States in that period exceed an amount equal to the United States quota in the Fund as authorized under the Bretton Woods Agreements Act [22 U.S.C. 286 et seq.].
(b)(1) Neither the President nor any person or agency shall on behalf of the United States vote to allocate Special Drawing Rights under article XVIII, sections 2 and 3, of the Articles of Agreement of the Fund without consultations by the Secretary of the Treasury at least 90 days prior to any such vote, with the Chairman and ranking minority members of the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the appropriate subcommittees thereof.
(2) Such consultations shall include an explanation of the consistency of such proposal to allocate with the requirements of the Articles of Agreement of the Fund, in particular the requirement that in all its decisions with respect to allocation of Special Drawing Rights, the Fund shall "seek to meet the long-term global need, as and when it arises, to supplement existing reserve assets in such manner as will promote the attainment of its purposes and will avoid economic stagnation and deflation as well as excess demand and inflation in the world".
(3) Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States engage in any voluntary transaction involving the exchange of Special Drawing Rights that are held by a member country of the Fund, if the Secretary of State has found that the government of the member country—
(A) has committed genocide at any time during the 1-year period ending with the date of the transaction; or
(B) has repeatedly provided support for acts of international terrorism.
(4) The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as defined in section 262r(c)(2) of this title) to use the voice and vote of the United States to—
(A) oppose the provision of financial assistance to any government with respect to which the Secretary of State has made a finding described in paragraph (3); and
(B) seek to ensure that the member countries of the institution do not engage in voluntary transactions involving the exchange of Special Drawing Rights held by such a government.
(5)
(Pub. L. 90–349, §6, June 19, 1968, 82 Stat. 189; Pub. L. 91–599, ch. 1, §2, Dec. 30, 1970, 84 Stat. 1657; Pub. L. 94–564, §5(3), Oct. 19, 1976, 90 Stat. 2661; Pub. L. 98–181, title I [title VIII, §803], Nov. 30, 1983, 97 Stat. 1270; Pub. L. 118–47, div. F, title VII, §7071(a), (b), Mar. 23, 2024, 138 Stat. 850, 851.)
Amendment of Subsection (b)
Pub. L. 118–47, div. F, title VII, §7071(b), Mar. 23, 2024, 138 Stat. 851, provided that, effective on the date that is 10 years after Mar. 23, 2024, paragraphs (3) to (5) of subsec. (b) of this section, as added by section 7071(a) of title VII of div. F of Pub. L. 118–47, are repealed. See 2024 Amendment note below.
Editorial Notes
References in Text
The Bretton Woods Agreements Act, referred to in subsec. (a), is act July 31, 1945, ch. 339, 59 Stat. 512, which is classified principally to this subchapter (§286 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 286 of this title and Tables.
Codification
Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreement Act, which comprises this subchapter.
Amendments
2024—Subsec. (b)(3) to (5). Pub. L. 118–47, §7071(b), struck out pars. (3) to (5).
Pub. L. 118–47, §7071(a), added pars. (3) to (5).
1983—Pub. L. 98–181 designated existing provisions as subsec. (a) and added subsec. (b).
1976—Pub. L. 94–564 substituted "article XVIII" for "article XXIV".
1970—Pub. L. 91–599 inserted "in each basic period" after "vote to allocate" and substituted "allocations to the United States in that period exceed an amount equal to the United States quota in the Fund as authorized under the Bretton Woods Agreements Act" for "net cumulative allocations to the United States exceed an amount equal to the United States quota in the Fund as heretofore authorized under the Bretton Woods Agreements Act of 1945, as amended".
Statutory Notes and Related Subsidiaries
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 2024 Amendment
Pub. L. 118–47, div. F, title VII, §7071(b), Mar. 23, 2024, 138 Stat. 851, provided that, effective on the date that is 10 years after Mar. 23, 2024, pars. (3) to (5) of subsec. (b) of this section, as added by section 7071(a) of title VII of div. F of Pub. L. 118–47, are repealed.
Effective Date of 1976 Amendment
Amendment effective Apr. 1, 1978, see section 9 of Pub. L. 94–564, set out as a note under section 286a of this title.
§286r. United States participation in special drawing account
The provisions of article XXI(b) of the Articles of Agreement of the Fund shall have full force and effect in the United States and its territories and possessions when the United States becomes a participant in the special drawing account.
(Pub. L. 90–349, §7, June 19, 1968, 82 Stat. 189; Pub. L. 94–564, §5(4), Oct. 19, 1976, 90 Stat. 2661.)
Editorial Notes
Codification
Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreement Act, which comprises this subchapter.
Amendments
1976—Pub. L. 94–564 substituted "article XXI(b)" for "article XXVII(b)".
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment effective Apr. 1, 1978, see section 9 of Pub. L. 94–564, set out as a note under section 286a of this title.
§286s. Consideration of basic human needs in economic adjustment programs supported by Fund
(a) Formulation and design of programs
The President shall instruct the Secretary of the Treasury, the Secretary of State, and other appropriate Federal officials to use all appropriate means to encourage countries, in formulating economic adjustment programs to deal with their balance of payments difficulties, to design those programs so as to safeguard, to the maximum feasible extent, jobs, investment, real per capita income, policies to reduce the gap in wealth between rich and poor, and social programs such as health, housing, and education.
(b) Changes in Fund guidelines, policies, and decisions; review prior to approval of standby arrangements; coordination among institutions; coordination between Fund and Bank; periodic analyses
To ensure the effectiveness of economic adjustment programs supported by Fund resources and the reinforcement of those programs by longer term efforts to promote sustained growth and improved living conditions—
(1) United States representatives to the Fund shall recommend and shall work for changes in Fund guidelines, policies, and decisions that would—
(A) permit stand-by arrangements to be extended beyond three years, as necessary to enable Fund members to implement their economic adjustment programs successfully;
(B) provide that in approving any economic adjustment program the Fund shall take into account the effect such program will have on jobs, investment, real per capita income, the gap in wealth between the rich and poor, and social programs such as health, housing, and education, in order to seek to minimize the adverse impact of those adjustment programs on basic human needs; and
(C) provide that letters of intent submitted to the Fund in support of an economic adjustment program reflect that the member country has taken into account the effect such program will have on the factors listed in subparagraph (B);
(2)(A) before voting on the approval of any standby arrangement with respect to any economic adjustment program, the United States Executive Director shall review—
(i) any analysis of factors prepared by the Fund or the member country in accordance with subparagraphs (B) and (C) of paragraph (1), or
(ii) if no such analysis is prepared and available for such review, an analysis which shall be prepared by the United States Governor of the Fund which examines the effect of the program on the factors listed in subparagraph (B) of paragraph (1); and
(B) the United States Executive Director of the Fund shall take into account the analysis reviewed pursuant to subparagraph (A) of this paragraph in voting on approval of that standby arrangement;
(3) United States representatives to the Fund, to the Bank, and to other appropriate institutions shall work toward improving coordination among these institutions and, in particular, shall work toward formulation of programs in association with economic adjustment programs supported by Fund resources which (A) will, among other things, promote employment, investment, real income per capita, improvements in income distribution, and the objectives of social programs such as health, housing, and education, and (B) will, to the maximum extent feasible and consistent with the borrowing country's need to improve its balance of payments position within a reasonable period, ameliorate any adverse effects of economic adjustment programs on the poor;
(4) United States representatives to the Fund and the Bank shall seek amendments to decisions on policies on the use of Fund and Bank resources to provide that, where countries are seeking Extended Fund Facility or upper credit tranche drawings from the Fund and are eligible to receive financing from the Bank, the Fund and Bank will coordinate their financing activities in order—
(A) to take into account the effects of economic adjustment programs on the areas listed in clause (A) of paragraph (3),
(B) to provide, to the extent feasible, Bank project loans designed to safeguard and further basic human needs in countries adopting economic adjustment programs supported by Fund resources, and
(C) to provide, as appropriate, Bank financing for programs of structural adjustment that will facilitate development of a productive economic base and greater attainment of basic human needs objectives over the longer term; and
(5) United States representatives to the Fund and the Bank shall request the Fund and the Bank to provide periodic analyses of the effects of economic adjustment programs supported by Fund or Bank financing on jobs, investment, real income per capita, income distribution, and social programs such as health, housing, and education.
(July 31, 1945, ch. 339, §33, as added Pub. L. 96–389, §2(a), Oct. 7, 1980, 94 Stat. 1551; amended Pub. L. 101–240, title V, §541(d)(1), Dec. 19, 1989, 103 Stat. 2518.)
Editorial Notes
Amendments
1989—Subsec. (c). Pub. L. 101–240 struck out subsec. (c) which required inclusion of statement detailing progress made in carrying out subsecs. (a) and (b) requirements in Council's annual report to Congress.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 96–389, §12, Oct. 7, 1980, 94 Stat. 1555, provided that: "This Act [enacting this section and sections 286e–1g and 286t to 286x of this title, amending sections 286e–1g, 286e–8, and 286e–9 of this title and section 27 of former Title 31, Money and Finance, and enacting provisions set out as notes under sections 286a and 286t of this title and section 822a of former Title 31] shall take effect on its date of enactment [Oct. 7, 1980], except that funds may not be appropriated under any authorization contained in this Act for any period prior to October 1, 1980."
§286t. Omitted
Editorial Notes
Codification
Section, act July 31, 1945, ch. 339, §34, as added Oct. 7, 1980, Pub. L. 96–389, §4(b), 94 Stat. 1553, directed the Secretary of the Treasury, in cooperation with the United States Director of the Fund, to study and report to Congress prior to May 15, 1981, with respect to adequacy of Fund resources and method of increasing Fund liquidity, promotion of more direct recycling of oil surpluses, and methods of providing adequate resources for balance-of-payments financing.
Statutory Notes and Related Subsidiaries
Recycling Balance-of-Payments Surpluses by Oil Exporting Countries
Pub. L. 96–389, §4(a), Oct. 7, 1980, 94 Stat. 1553, provided that: "It is the sense of the Congress that (1) the interests of the United States and those of other member countries require an effective International Monetary Fund equipped with resources adequate to facilitate orderly balance-of-payments adjustments; (2) persistent balance-of-payments surpluses in oil exporting countries have placed, and will continue to place, severe strains on the resources of oil importing countries and on the liquidity of the Fund; (3) these strains can only be relieved if the oil exporting countries assume a greater burden for financing balance-of-payments deficits through direct methods of recycling their surpluses and through proportionally greater contributions to the Fund and to the international lending institutions; and (4) the Fund must explore innovative proposals to encourage more direct recycling of oil surpluses and to increase its own liquidity."
§286u. Dollar-Special Drawing Rights substitution account
It is the sense of the Congress that the Secretary of the Treasury and the United States Executive Director of the Fund shall encourage member countries of the Fund to negotiate a dollar-Special Drawing Rights substitution account in which equitable burden sharing would exist among participants in the account.
(July 31, 1945, ch. 339, §35, as added Pub. L. 96–389, §4(b), Oct. 7, 1980, 94 Stat. 1554; amended Pub. L. 97–35, title XIII, §1371(a)(2), Aug. 13, 1981, 95 Stat. 746.)
Editorial Notes
Amendments
1981—Pub. L. 97–35 struck out reporting requirement on progress toward achieving account.
Statutory Notes and Related Subsidiaries
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
Amendment by Pub. L. 96–389 effective Oct. 7, 1980, see section 12 of Pub. L. 96–389, set out as a note under section 286s of this title.
§286v. Membership for Taiwan in Fund
It is the sense of the Congress that it is the policy of the United States that Taiwan (before January 1, 1979, known as the Republic of China) shall be granted appropriate membership in the Fund and that the United States Executive Director of the Fund shall so notify the Fund.
(July 31, 1945, ch. 339, §36, as added Pub. L. 96–389, §6, Oct. 7, 1980, 94 Stat. 1554.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 7, 1980, see section 12 of Pub. L. 96–389, set out as a note under section 286s of this title.
§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
It is the policy of the United States that the Palestine Liberation Organization should not be given membership in the Fund or be given observer status or any other official status at any meeting sponsored by or associated with the Fund. The United States Executive Director of the Fund shall promptly notify the Fund of such policy.
In the event that the Fund provides either membership, observer status, or any other official status to the Palestine Liberation Organization, such action would result in a serious diminution of United States support. Upon review of such action, the President would be required to report his recommendations to the Congress with regard to any further United States participation in the Fund.
(July 31, 1945, ch. 339, §37, as added Pub. L. 96–389, §7, Oct. 7, 1980, 94 Stat. 1554.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 7, 1980, see section 12 of Pub. L. 96–389, set out as a note under section 286s of this title.
§286x. Assistance to private sector of El Salvador, Nicaragua, and other nations
It is the sense of the Congress that in providing assistance through loans or other means to any nation, in particular El Salvador and Nicaragua, the Fund and the Bank should encourage programs which assist the private sector to create an environment which will stabilize the economy of the nation; and that the United States representatives to the Fund and the Bank shall promote the use of assistance by the Fund and the Bank to encourage such programs.
(July 31, 1945, ch. 339, §38, as added Pub. L. 96–389, §8, Oct. 7, 1980, 94 Stat. 1554.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 7, 1980, see section 12 of Pub. L. 96–389, set out as a note under section 286s of this title.
§286y. Promoting conditions for exchange rate stability
(a) In order to help assure that the resources provided under section 286e–1i of this title are used to support pro-growth policies which will help establish the economic conditions necessary for more appropriate financial and exchange rate alignment and stability, it is the sense of Congress that the Secretary of the Treasury shall—
(1) in consultation with the Secretary of State and the United States Trade Representative, initiate discussions with other countries regarding the economic dislocations which result from structural exchange rate imbalances; and
(2) instruct the United States Executive Director of the Fund to work for adoption of policies in the Fund, both within the framework of article IV (of the Articles of Agreement of the Fund) consultations and with respect to the conditions associated with Fund-supported balance of payments adjustments programs, which promote conditions contributing to the stability of exchange rates and avoid the manipulation of exchange rates between major currencies. Among other initiatives, the Secretary of the Treasury shall propose strengthening the article IV consultation procedures of the Fund to attempt to ensure that countries which are artificially maintaining undervalued or overvalued rates of exchange agree to adopt market determined exchange rates.
(b) In determining his vote on extensions of assistance to any Fund borrower, the United States Executive Director of the Fund shall take into account whether such borrower's policies are consistent with the requirements of article IV of the Articles of Agreement of the Fund.
(July 31, 1945, ch. 339, §40, as added Pub. L. 98–181, title I [title VIII, §801], Nov. 30, 1983, 97 Stat. 1267.)
§286z. Collection and exchange of information on monetary and financial problems
(a) Sense of Congress
It is the sense of the Congress that—
(1) the lack of sufficient information currently available to allow members of the Fund to make sound and prudent decisions concerning their public and private sector international borrowing, and to allow lenders to make sound and prudent decisions concerning their international lending, threatens the stability of the international monetary system; and
(2) in recognition of the Fund's duties, as provided particularly by article VIII of the Articles of Agreement of the Fund, to act as a center for the collection and exchange of information on monetary and financial problems, the Fund should adopt necessary and appropriate measures to ensure that more complete and timely financial information will be available.
(b) Initiation by United States Executive Director of discussions with other Directors; adoption of procedures
To this end, the Secretary of the Treasury shall instruct the United States Executive Director of the Fund to initiate discussions with other directors of the Fund and with Fund management, and to propose and vote for, the adoption of procedures, within the Fund—
(1) to collect and disseminate information, on a quarterly basis, from and to Fund members, and to such other persons as the Fund deems appropriate, concerning—
(A) the extension of credit by banks or nonbanks to private and public entities, including all government entities, instrumentalities, and central banks of member countries; and
(B) the receipt of such credit by those private and public entities of member countries, where such banks or nonbanks are not principally established within the borders of the member country to which the credits are extended; and
(2) to disseminate publicly information which is developed in the course of the Fund's collection, and to review and comment on efforts which the Fund determines would serve to enhance the informational base upon which international borrowing and lending decisions are taken.
(c) "Credit" defined
For purposes of this section, the term "credit" includes—
(1) outstanding loans to private and public entities, including government entities, instrumentalities, and central banks of any member, and
(2) unused lines of credit which have been made available to those private and public entities of any member,
where such loans or lines of credit are repayable in freely convertible currency.
(d) Providing necessary information
The President is authorized to use the authority provided under section 286f of this title to require any person (as defined in such section) subject to the jurisdiction of the United States to provide such information as the Fund determines to be necessary in order to carry out the provisions of this section.
(July 31, 1945, ch. 339, §42, as added Pub. L. 98–181, title I [title VIII, §802(a)(4)], Nov. 30, 1983, 97 Stat. 1269.)
§286aa. Instructions to United States Executive Director; Communist dictatorships
The Congress hereby finds that Communist dictatorships result in severe constraints on labor and capital mobility and other highly inefficient labor and capital supply rigidities which contribute to balance of payments deficits in direct contradiction of the goals of the International Monetary Fund. Therefore, the Secretary of the Treasury shall instruct the United States Executive Director of the Fund to actively oppose any facility involving use of Fund credit by any Communist dictatorship, unless the Secretary of the Treasury certifies and documents in writing upon request and so notifies and appears, if requested, before the Foreign Relations and Banking, Housing, and Urban Affairs Committees of the Senate and the Banking, Finance and Urban Affairs Committee of the House of Representatives, at least twenty-one days in advance of any vote on such drawing that such drawing—
(1) provides the basis for correcting the balance of payments difficulties and restoring a sustainable balance of payments position;
(2) would reduce the severe constraints on labor and capital mobility or other highly inefficient labor and capital supply rigidities and advances market-oriented forces in that country; and
(3) is in the best economic interest of the majority of the people in that country.
Should the Secretary not meet a request to appear before the aforementioned committees at least twenty-one days in advance of any vote on any facility involving use of Fund credit by any communist dictatorship and certify and document in writing that these three conditions have been met, the United States Executive Director shall vote against such program.
(July 31, 1945, ch. 339, §43, as added Pub. L. 98–181, title I [title VIII, §804], Nov. 30, 1983, 97 Stat. 1270; amended Pub. L. 103–149, §4(b)(6), Nov. 23, 1993, 107 Stat. 1505.)
Editorial Notes
Amendments
1993—Pub. L. 103–149 struck out "(a)" before "The Congress" and struck out subsec. (b) which related to use of International Monetary Fund credit by any country which practices apartheid.
Statutory Notes and Related Subsidiaries
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.
§286bb. Elimination of predatory agricultural export subsidies
The Secretary of the Treasury shall instruct the United States Executive Director of the Fund to propose and work for the adoption of a policy encouraging Fund members to eliminate all predatory agricultural export subsidies which might result in the reduction of other member countries' exports.
(July 31, 1945, ch. 339, §44, as added Pub. L. 98–181, title I [title VIII, §805], Nov. 30, 1983, 97 Stat. 1271.)
§286cc. Sustaining economic growth
(a) Economic adjustment programs
(1) The President shall instruct the Secretary of the Treasury, the Secretary of State, and other appropriate Federal officials, and shall request the Chairman of the Board of Governors of the Federal Reserve System, to use all appropriate means to encourage countries to formulate economic adjustment programs to deal with their balance of payment difficulties and external debt owed to private banks.
(2) Such economic adjustment programs should be designed to safeguard, to the maximum extent feasible, international economic growth, world trade, employment, and the long-term solvency of banks, and to minimize the likelihood of civil disturbances in countries needing economic adjustment programs.
(b) Changes in Fund guidelines; limitations on debt service exceptions
To ensure the effectiveness of economic adjustment programs supported by Fund resources—
(1) the United States Executive Director of the Fund shall recommend and shall work for changes in Fund guidelines, policies, and decisions which would—
(A) convert short-term bank debt which was made at high interest rates into long-term debt at lower rates of interest;
(B) assure that the annual external debt service, which shall include principal, interest, points, fees, and other charges required of the country involved, is a manageable and prudent percentage of the projected annual export earnings of such country; and
(C) provide that in approving any economic adjustment program the Fund shall take into account the number of countries applying to the Fund for economic adjustment programs and the aggregate effects that such programs will have on international economic growth, world trade, exports and employment of other member countries, and the long-term solvency of banks; and
(2) except as provided in subsection (c) of this section, the United States Executive Director of the Fund shall oppose and vote against providing assistance from the Fund for any economic adjustment program for a country in which the annual external debt service exceeds 85 per centum of the annual export earnings of such country, unless the Secretary of the Treasury first determines and provides written documentation to the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives that—
(A) the economic adjustment program converts high interest rate, short-term bank debt into long-term debt at significantly narrower interest rate spreads than the average interest rate spreads prevailing on bank debt reschedulings negotiated between August 1982 and August 1983 for countries receiving assistance from the Fund for economic adjustment programs in order to minimize the burdens of adjustment on the debtor nation, provided that such interest rate spreads are consistent with that nation's need to obtain adequate external private financing;
(B) the annual external debt service required of the country involved is a manageable and prudent percentage of the projected annual export earnings of such country; and
(C) the economic adjustment program will not have an adverse impact on international economic growth, world trade, exports, and employment of other member countries, and the long-term solvency of banks.
(c) Emergencies and extraordinary circumstances
The provisions of subsection (b)(2) shall not apply in any case in which the Secretary of the Treasury first determines and provides written documentation to the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives that—
(1) an emergency exists in a nation that has applied to the Fund for assistance that requires an immediate short-term loan to avoid disrupting orderly financial markets;
(2) a sudden decrease in export earnings in the country applying to the Fund for assistance has increased the ratio of annual external debt service to annual export earnings, to greater than 85 per centum for a period projected to be no more than one year; or
(3) other extraordinary circumstances exist which warrant waiving the provisions of subsection (b)(2).
(July 31, 1945, ch. 339, §45, as added Pub. L. 98–181, title I [title VIII, §806], Nov. 30, 1983, 97 Stat. 1272.)
Statutory Notes and Related Subsidiaries
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.
§286dd. Fund bailouts of banks; rescheduling of debt
The Secretary of the Treasury shall instruct the United States Executive Director of the Fund—
(1) to oppose and vote against any Fund drawing by a member country where, in his judgment, the Fund resources would be drawn principally for the purpose of repaying loans which have been imprudently made by banking institutions to the member country; and
(2) to work to insure that the Fund encourages borrowing countries and banking institutions to negotiate, where appropriate, a rescheduling of debt which is consistent with safe and sound banking practices and the country's ability to pay.
(July 31, 1945, ch. 339, §46, as added Pub. L. 98–181, title I [title VIII, §807], Nov. 30, 1983, 97 Stat. 1273.)
§286ee. International cooperation
The Secretary of the Treasury shall instruct the United States Executive Director of the Fund to propose that the Fund adopt the following policies with respect to international lending:
(1) In its consultations with a member government on its economic policies pursuant to article IV of the Articles of Agreement of the Fund, the Fund should—
(A) intensify its examination of the trend and volume of external indebtedness of private and public borrowers in the member country and comment, as appropriate, in its report to the Executive Board from the viewpoint of the contribution of such borrowings to the economic stability of the borrower; and
(B) consider to what extent and in what form these comments might be made available to the international banking community and the public.
(2) As part of any Fund-approved stabilization program, the Fund should give consideration to placing limits on public sector external short- and long-term borrowing.
(3) As a part of its annual report, and at such times as it may consider desirable, the Fund should publish its evaluation of the trend and volume of international lending as it affects the economic situation of lenders, borrowers, and the smooth functioning of the international monetary system.
(July 31, 1945, ch. 339, §47, as added Pub. L. 98–181, title I [title VIII, §809], Nov. 30, 1983, 97 Stat. 1274.)
§286ff. Fund interest rates
The Secretary of the Treasury shall instruct the United States Executive Director of the Fund to propose and work for the adoption of Fund policies regarding the rate of remuneration paid on use of member's quota subscriptions and the rate of charges on Fund drawings to bring those rates in line with market rates.
(July 31, 1945, ch. 339, §48, as added Pub. L. 98–181, title I [title VIII, §810], Nov. 30, 1983, 97 Stat. 1274.)
§286gg. Elimination of trade restrictions
(a) Promotion of fair trade as financial assistance policy
(1) The Secretary of the Treasury shall instruct the United States Executive Director of each of the multilateral development banks (in this section referred to as the "banks") and of the Fund to initiate a wide consultation with the Managing Director of each of the banks and of the Fund and the other directors of the banks and of the Fund with regard to the development of financial assistance policies which, to the maximum feasible extent—
(A) reduce obstacles to and restrictions upon international trade and investment in goods and services;
(B) eliminate unfair trade and investment practices; and
(C) promote mutually advantageous economic relations.
(2) The Secretary of the Treasury shall work closely in this effort with the Trade Policy Committee.
(3) As part of this effort, the Secretary of the Treasury shall also instruct the United States Executive Director of each of the banks and of the Fund to encourage close cooperation between their staff and the Secretariat of the World Trade Organization (as the term "World Trade Organization" is defined in section 3501(8) of title 19).
(b) Agreement to eliminate unfair trade practices as condition of financial assistance
(1) The Secretary of the Treasury shall instruct the United States Executive Director of each of the banks and of the Fund, prior to the extension to any country of financial assistance by the banks and by the Fund, to work to have the banks and the Fund obtain the agreement of such country to eliminate, in a manner consistent with its balance of payments adjustment program, unfair trade and investment practices with respect to goods and services which the United States Trade Representative, after consultation with the Trade Policy Committee, has determined to have a significant deleterious effect on the international trading system.
(2) Such practices include—
(A) the provision of predatory export subsidies, employed in connection with the exporting of agricultural commodities and products thereof to foreign countries;
(B) the provision of other export subsidies, such as government subsidized below-market interest rate financing for commodities or manufactured goods;
(C) unreasonable import restrictions;
(D) the imposition of trade-related performance requirements on foreign investment; and
(E) practices which are inconsistent with international agreements.
(c) United States position on requests for loans or drawing under bank and Fund programs; progress made in eliminating unfair trade practices
(1) In determining the United States position on requests for loans or periodic drawing under bank and Fund programs, the Secretary of the Treasury shall take full account of the progress countries have made in achieving targets for eliminating or phasing out the practices referred to in subsection (b) of this section.
(2) In the event that the United States supports a request for loans or drawing by a country that has not achieved the bank and Fund targets relating to such practices specified in its program, the Secretary of the Treasury shall report to the appropriate committees of the Congress the reasons for the United States position.
(d) "Multilateral development banks" defined
For purposes of this section, the term "multilateral development banks" means the International Bank for Reconstruction and Development, the Inter-American Development Bank, the African Development Bank, and the Asian Development Bank.
(July 31, 1945, ch. 339, §49, as added Pub. L. 98–181, title I [title VIII, §812], Nov. 30, 1983, 97 Stat. 1275; amended Pub. L. 99–500, §101(f) [title V, §555], Oct. 18, 1986, 100 Stat. 1783–213, 1783-240, and Pub. L. 99–591, §101(f) [title V, §555], Oct. 30, 1986, 100 Stat. 3341–214, 3341-240; Pub. L. 106–36, title I, §1002(c), June 25, 1999, 113 Stat. 133.)
Editorial Notes
Codification
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments
1999—Subsec. (a)(3). Pub. L. 106–36 substituted "Secretariat of the World Trade Organization (as the term 'World Trade Organization' is defined in section 3501(8) of title 19)" for "GATT Secretariat".
1986—Subsec. (a)(1). Pub. L. 99–500 and Pub. L. 99–591, §101(f) [title V, §555(b)], inserted "each of the multilateral development banks (in this section referred to as the 'banks') and of", "each of the banks and of", and "banks and of the", and substituted "development of financial" for "development of Fund financial".
Subsec. (a)(3). Pub. L. 99–500 and Pub. L. 99–591, §101(f) [title V, §555(c)], inserted "each of the banks and of" and substituted "their staff" for "Fund staff".
Subsec. (b)(1). Pub. L. 99–500 and Pub. L. 99–591, §101(f) [title V, §555(d)], inserted "each of the banks and of", "the banks and by", and "the banks and".
Subsec. (c). Pub. L. 99–500 and Pub. L. 99–591, §101(f) [title V, §555(e), (f)], inserted "bank and" and "loans or" in pars. (1) and (2).
Subsec. (d). Pub. L. 99–500 and Pub. L. 99–591, §101(f) [title V, §555(a)], added subsec. (d).
§286hh. Policy based lending for debt reduction
(a) Criteria
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to initiate discussions with other directors of such bank and to advocate and support the facilitation of voluntary market-based programs for the reduction of sovereign debt and the promotion of sustainable economic development, which, if implemented, would—
(1) not require any organization or government to participate in such a program;
(2) result in debt reduction for each participating country tailored to the particular situation of each country;
(3) provide assistance to participating countries conditioned on the implementation of economic reforms, and the preservation of economic reforms previously implemented, by the country that are consistent with the principles of sustainable development;
(4) encourage participating countries to make economic adjustments steadily and over a period of time in order to achieve policy reform;
(5) use debt reduction techniques that would not compensate commercial banks for the reduction in the value of such debt, but would serve as a catalyst for new lending;
(6) involve such bank in lending for purposes of debt reduction and conversion only where such involvement would not lower the credit-worthiness of such bank;
(7) not require public sector funding beyond that provided through any capital increase for such bank, and any replenishment for the International Development Association, which is agreed to by the member countries of such institutions; and
(8) accomplish debt reduction, not as an end, but as a means to greater growth and investment in, and the restoration of voluntary private lending to, participating countries for environmentally and economically sustainable development.
(b) Policy based lending for debt reduction and sustainable growth
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to initiate discussions with other directors of such bank and to propose that policy based loans be made by such bank for, among other reasons, facilitating a reduction in the debt service burden of any country which is participating in a voluntary market-based program for debt reduction described in subsection (c).
(c) Voluntary market-based program for debt reduction and sustainable growth
In connection with the discussions initiated pursuant to subsection (b), the Secretary shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to propose that a country be considered to be participating in a voluntary market-based program of debt reduction for purposes of subsection (b) if the creditors of such country agree to significantly reduce the debt service of such country through forgiveness of a percentage of the interest owed by such country on any sovereign debt or through any other means.
(d) Reports
Not later than March 1, 1989, March 1, 1991, and March 1, 1993, respectively, the Secretary of the Treasury shall submit to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate 3 reports each of which—
(1) describes the long term strategy and lending programs of the International Bank for Reconstruction and Development for reducing and managing the debt burden of the countries designated as "Highly Indebted Countries" in the 1987–1988 World Debt Tables published by such bank, and summarize the long term strategy and lending programs of such bank for other seriously indebted countries;
(2) contains an explanation of the measures taken by such bank to facilitate the reduction of the debt burden of the countries designated as "Highly Indebted Countries" in the 1987–1988 World Debt tables 1 published by such bank;
(3) describes the extent (if any) to which such bank has implemented the measures described in subsections (b) and (c); and
(4) describes the success each of such countries has had in managing and reducing their debt burdens and achieving sustainable and equitable economic growth as measured by criteria including the ratio of debt service to exports, the ratio of debt to gross national product, net resource flows, and per capita income.
(e) Review by House Banking Committee
On receipt of each report required to be submitted pursuant to subsection (d), and after consultation with the Secretary of the Treasury, the Committee on Banking, Finance and Urban Affairs of the House of Representatives shall forward such report to the Committee on Appropriations of the House of Representatives with an assessment by the Committee on Banking, Finance and Urban Affairs describing the effect on the international debt situation of funding the subscription of the United States to the shares of capital stock of the International Bank for Reconstruction and Development due for payment by the United States in the then next fiscal year.
(Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 111–203, title IX, §939(f), July 21, 2010, 124 Stat. 1886.)
Editorial Notes
Codification
Section is based on section 3 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreements Act, which comprises this subchapter.
Amendments
2010—Subsec. (a)(6). Pub. L. 111–203 substituted "credit-worthiness" for "credit rating".
Statutory Notes and Related Subsidiaries
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 2010 Amendment
Amendment by Pub. L. 111–203 effective 2 years after July 21, 2010, see section 939(g) of Pub. L. 111–203, set out as a note under section 24a of Title 12, Banks and Banking.
1 So in original. Probably should be capitalized.
§286ii. Limitations on Bank policy based lending; actions required to be taken to oppose excessive policy based lending by Bank
The Secretary of the Treasury shall—
(1) take all necessary steps to encourage the International Bank for Reconstruction and Development to limit—
(A) the aggregate value of the policy based loans made by such bank (other than for the purpose described in section 286hh(b) of this title) in any fiscal year of such bank beginning after June 30, 1989, to 25 percent of the aggregate value of all loans made by such bank in such fiscal year; and
(B) the aggregate value of the policy based loans made by such bank to the government of a particular country (other than for the purpose described in section 286hh(b) of this title) in any fiscal year of such bank beginning after June 30, 1989, and occurring during any period of 3 consecutive fiscal years of such bank (determined after disregarding any such fiscal year in which such bank did not make a policy based loan to such government), to 50 percent of the aggregate value of all loans made by such bank to such government during such 3-year period;
(2) instruct the United States Executive Director of such bank to propose and actively seek the adoption by the board of Executive Directors of such bank of a resolution establishing as official bank operating policy for fiscal years 1990 through 1995 of such bank the limits specified in paragraph (1); and
(3) until the resolution described in paragraph (2) is adopted, undertake, in consultation with the Secretary of State, discussions with other member country governments to secure the consent and cooperation of such governments with respect to the adoption of the limits specified in paragraph (1).
(Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36.)
Editorial Notes
Codification
Section is based on section 4 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreements Act, which comprises this subchapter.
§286jj. Partial guarantees in connection with debt reduction for borrower countries
The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to initiate discussions with other directors of such bank and to propose that such bank establish criteria under which such bank would provide partial guarantees on debt service payments by borrower countries to private creditors when such guarantees would serve a catalytic role in facilitating final agreement on financing packages which involve significant debt reduction.
(Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36.)
Editorial Notes
Codification
Section is based on section 5 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreements Act, which comprises this subchapter.
§286kk. Discussions to enhance capacity of Fund to alleviate potentially adverse impacts of Fund programs on poor and environment
The Secretary of the Treasury shall instruct the United States Executive Director of the Fund to seek policy changes by the Fund, through formal initiatives and through bilateral discussions, which will result in—
(1) the initiation of a systematic review of policy prescriptions implemented by the Fund, for the purpose of determining whether the Fund's objectives were met and the social and environmental impacts of such policy prescriptions; and
(2) the establishment of procedures which ensure the inclusion, in future economic reform programs approved by the Fund, of policy options which eliminate or reduce the potential adverse impact on the well-being of the poor or the environment resulting from such programs.
(July 31, 1945, ch. 339, §55, as added Pub. L. 101–240, title III, §302, Dec. 19, 1989, 103 Stat. 2500.)
§286ll. Fund policy changes
(a) Policy changes within IMF
The Secretary of the Treasury shall instruct the United States Executive Director of the Fund to promote regularly and vigorously in program discussions and quota increase negotiations the following proposals:
(1) Poverty alleviation, reduction of barriers to economic and social progress, and progress toward environmentally sound policies and programs
(A)(i) Considerations of poverty alleviation and the reduction of barriers to economic and social progress should be incorporated into all Fund programs and all consultations under article IV of the Articles of Agreement of the Fund.
(ii) Preparation of Policy Framework Papers should be extended to all nations which have Fund programs and active Bank or International Development Association lending programs, and existence of a Policy Framework Paper should be a precondition for new lending to such nations by the Fund.
(iii) All Policy Framework Papers should articulate the principal poverty, economic, and social measures that the borrowing nation needs to address, and this portion of the Policy Framework Paper (or a summary thereof that includes specific measures and timing) should be made available when the Policy Framework Paper is submitted to the Executive Directors of the Bank and of the Fund for consideration.
(iv) In considering whether to allocate resources of the Fund to a borrower, the Fund should take into consideration the nature of the program and commitment of the borrower to address the issues referred to in clause (iii).
(v) The Fund should establish procedures to enable the Fund to cooperate with the Bank in evaluating the effectiveness of the measures referred to in clause (iii), at the levels of policy, project design, monitoring, and reporting, in the international financial institutions and in the borrowing nations.
(B)(i) The Fund should be encouraged to make further progress toward environmentally sound policies and programs.
(ii) The Fund should incorporate environmental considerations into all Fund programs, including consultations under article IV of the Articles of Agreement of the Fund.
(iii) The Fund should be encouraged to support the efforts of nations to implement systems of natural resource accounting in their national income accounts.
(iv) The Fund should be encouraged to assist and cooperate fully with the statistical research being undertaken by the Organization for Economic Cooperation and Development and by the United Nations in order to facilitate development and adoption of a generally applicable system for taking account of the depletion or degradation of natural resources in national income accounts.
(v) The Fund should be encouraged to consider and implement, as appropriate, revisions in its national income reporting systems consistent with such new systems as are of general applicability.
(2) Policy audits
(A) The Fund should conduct periodic audits to review systematically the policy prescriptions recommended and required by the Fund in the areas of poverty and the environment.
(B) The purposes of such audits would be—
(i) to determine whether the Fund's objectives were met; and
(ii) to evaluate the social and environmental impacts of the implementation of the policy prescriptions.
(C) Such audits would have access to all ongoing programs and activities of the Fund and the ability to review the effects of Fund-supported programs, on a country-by-country basis, with respect to poverty, economic development, and environment.
(D) Such audits should be made public as appropriate with due respect to confidentiality.
(3) Ensuring policy options that increase the productive participation of the poor
The Fund should establish procedures that ensure the focus of future economic reform programs approved by the Fund on policy options that increase the productive participation of the poor in the economy.
(4) Public access to information
(A) The Fund should establish procedures for public access to information.
(B) Such procedures shall seek to ensure access of the public to information while paying due regard to appropriate confidentiality.
(C) Policy Framework Papers and the supporting documents prepared by the Fund's mission to a country are examples of documents that should be made public at an appropriate time and in appropriate ways.
(b) Progress report
Each annual report of the National Advisory Council on International Monetary and Financial Policies shall describe the following:
(1) The actions that the United States Executive Director and other officials have taken to convince the Fund to adopt the proposals set forth in subsection (a) through formal initiatives before the Board and management of the Fund, through bilateral discussions with other member nations, and through any further quota increase negotiations.
(2) The status of the progress being made by the Fund in implementing the proposals set forth in subsection (a).
(c) Study
The Secretary of the Treasury shall instruct the United States Executive Director to the Fund to urge the Fund—
(1) to explore ways to increase the involvement and participation of important ministries, national development experts, environmental experts, free-market experts, and other legitimate experts and representatives from the loan-recipient country in the development of Fund programs; and
(2) to report on the status of Fund efforts in this regard.
(July 31, 1945, ch. 339, §59, as added Pub. L. 102–511, title X, §1002, Oct. 24, 1992, 106 Stat. 3357.)
§286mm. Measures to reduce military spending by developing nations
(a) Development by Fund of means to measure military spending
(1) Position of the United States
The United States Executive Director of the Fund shall use the voice and vote of the United States to urge the Fund, in consultation with the Bank, to continue to develop an economic methodology to measure the level of military spending by each developing country.
(2) Progress report to the Congress
No later than 1 year after October 24, 1992, the Secretary of the Treasury shall submit to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate a report on the status of the development by the Fund of a workable economic methodology to measure military spending by developing countries.
(b) Annual reports by Fund on levels of military spending
The United States Executive Director of the Fund shall use the voice and vote of the United States to urge the Fund, beginning with 1994, to provide the Executive Board of the Fund with annual reports stating the estimate by the Fund of the level of military spending by each developing country in the immediately preceding calendar year (or, with respect to developing countries whose fiscal years are not calendar years, in the most recently completed fiscal year of the developing country), not later than the date of the annual fall Interim and Development Committee meetings.
(c) Analysis and assessment of military spending to be included in article IV consultations by Fund
The United States Executive Director of the Fund shall use the voice and vote of the United States to urge the Fund, beginning no later than the date of the first report provided as described in subsection (b), to include in every article IV consultation with a developing country an analysis of the level of military spending by the developing country in the immediately preceding calendar year (or, with respect to developing countries whose fiscal years are not calendar years, in the most recently completed fiscal year of the developing country).
(July 31, 1945, ch. 339, §60, as added Pub. L. 102–511, title X, §1003, Oct. 24, 1992, 106 Stat. 3359.)
Statutory Notes and Related Subsidiaries
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.
§286nn. Approval of contributions for debt reductions for the poorest countries
For the purpose of mobilizing the resources of the Fund in order to help reduce poverty and improve the lives of residents of poor countries and, in particular, to allow those poor countries with unsustainable debt burdens to receive deeper, broader, and faster debt relief, without allowing gold to reach the open market or otherwise adversely affecting the market price of gold, the Secretary of the Treasury is authorized to instruct the United States Executive Director of the Fund to vote—
(1) to approve an arrangement whereby the Fund—
(A) sells a quantity of its gold at prevailing market prices to a member or members in nonpublic transactions sufficient to generate 2.226 billion Special Drawing Rights in profits on such sales;
(B) immediately after, and in conjunction with each such sale, accepts payment by such member or members of such gold to satisfy existing repurchase obligations of such member or members so that the Fund retains ownership of the gold at the conclusion of such payment; and
(C) uses the earnings on the investment of the profits of such sales through a separate subaccount, only for the purpose of providing debt relief from the Fund under the modified Heavily Indebted Poor Countries (HIPC) Initiative (as defined in section 262p–6 of this title); and
(2) to support a decision that shall terminate the Special Contingency Account 2 (SCA–2) of the Fund so that the funds in the SCA–2 shall be made available to the poorest countries. Any funds attributable to the United States participation in SCA–2 shall be used only for debt relief from the Fund under the modified HIPC Initiative.
(July 31, 1945, ch. 339, §62, as added Pub. L. 106–113, div. B, §1000(a)(5) [title V, §503(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-316; amended Pub. L. 106–429, §101(a) [title VIII, §801(a)], Nov. 6, 2000, 114 Stat. 1900, 1900A-64.)
Editorial Notes
Amendments
2000—Par. (1)(B), (D). Pub. L. 106–429 inserted "and" at end of subpar. (B) and struck out subpar. (D) which read as follows: "shall not use more than 9/14 of the earnings on the investment of the profits of such sales; and".
Statutory Notes and Related Subsidiaries
Certification to Congress Relating To Use of Profits To Augment International Monetary Fund
Pub. L. 106–113, div. B, §1000(a)(5) [title V, §503(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-316, provided that: "Within 15 days after the United States Executive Director casts the votes necessary to carry out the instruction described in section 62 of the Bretton Woods Agreements Act [22 U.S.C. 286nn], the Secretary of the Treasury shall certify to the Congress that neither the profits nor the earnings on the investment of profits from the gold sales made pursuant to the instruction or of the funds attributable to United States participation in SCA–2 will be used to augment the resources of any reserve account of the International Monetary Fund for the purpose of making loans."
§286oo. Principles for International Monetary Fund lending
It is the policy of the United States to work to implement reforms in the International Monetary Fund (IMF) to achieve the following goals:
(1) Short-term balance of payments financing
Lending from the general resources of the Fund should concentrate chiefly on short-term balance of payments financing.
(2) Limitations on medium-term financing
Use of medium-term lending from the general resources of the Fund should be limited to a set of well-defined circumstances, such as—
(A) when a member's balance of payments problems will be protracted;
(B) such member has a strong structural reform program in place; and
(C) the member has little or no access to private sources of capital.
(3) Premium pricing
Premium pricing should be introduced for lending from the general resources of the Fund, for greater than 200 percent of a member's quota in the Fund, to discourage excessive use of Fund lending and to encourage members to rely on private financing to the maximum extent possible.
(4) Redressing misreporting of information
The Fund should have in place and apply systematically a strong framework of safeguards and measures to respond to, correct, and discourage cases of misreporting of information in the context of a Fund program, including—
(A) suspending Fund disbursements and ensuring that Fund lending is not resumed to members that engage in serious misreporting of material information until such time as remedial actions and sanctions, as appropriate, have been applied;
(B) ensuring that members make early repayments, where appropriate, of Fund resources disbursed on the basis of misreported information;
(C) making public cases of serious misreporting of material information;
(D) requiring all members receiving new disbursements from the Fund to undertake annually independent audits of central bank financial statements and publish the resulting audits; and
(E) requiring all members seeking new loans from the Fund to provide to the Fund detailed information regarding their internal control procedures, financial reporting and audit mechanisms and, in cases where there are questions about the adequacy of these systems, undertaking an on-site review and identifying needed remedies.
(July 31, 1945, ch. 339, §63, as added Pub. L. 106–429, §101(a) [title VIII, §805], Nov. 6, 2000, 114 Stat. 1900, 1900A-67.)
Editorial Notes
Codification
Section 101(a) [title VIII, §805] of Pub. L. 106–429, which directed amendment of the Bretton Woods Agreement Act by adding this section, was executed by amending the Bretton Woods Agreements Act by adding this section, to reflect the probable intent of Congress.
§286pp. Acceptance of amendments to Articles of Agreement of Fund approved on April 28 and May 5, 2008
The United States Governor of the Fund may agree to and accept the amendments to the Articles of Agreement of the Fund as proposed in the resolutions numbered 63–2 and 63–3 of the Board of Governors of the Fund which were approved by such Board on April 28, 2008 and May 5, 2008, respectively.
(July 31, 1945, ch. 339, §64, as added Pub. L. 111–32, title XIV, §1402, June 24, 2009, 123 Stat. 1917.)
§286qq. Quota increase to 4,973,100,000 Special Drawing Rights
(a) In general
The United States Governor of the Fund may consent to an increase in the quota of the United States in the Fund equivalent to 4,973,100,000 Special Drawing Rights.
(b) Subject to appropriations
The authority provided by subsection (a) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(July 31, 1945, ch. 339, §65, as added Pub. L. 111–32, title XIV, §1402, June 24, 2009, 123 Stat. 1918.)
§286rr. Approval to sell a limited amount of the Fund's gold
(a) The Secretary of the Treasury is authorized to instruct the United States Executive Director of the Fund to vote to approve the sale of up to 12,965,649 ounces of the Fund's gold acquired since the second Amendment to the Fund's Articles of Agreement, only if such sales are consistent with the guidelines agreed to by the Executive Board of the Fund described in the Report of the Managing Director to the International Monetary and Financial Committee on a New Income and Expenditure Framework for the International Monetary Fund (April 9, 2008) to prevent disruption to the world gold market: Provided, That at least 30 days prior to any such vote, the Secretary shall consult with the appropriate congressional committees regarding the use of proceeds from the sale of such gold: Provided further, That the Secretary of the Treasury shall seek to ensure that:
(1) the Fund will provide support to low-income countries that are eligible for the Poverty Reduction and Growth Facility or other low-income lending from the Fund by making available Fund resources of not less than $4,000,000,000;
(2) such Fund resources referenced above will be used to leverage additional support by a significant multiple to provide loans with substantial concessionality and debt service payment relief and/or grants, as appropriate to a country's circumstances: 1
(3) support provided through forgiveness of interest on concessional loans will be provided for not less than two years; and
(4) the support provided to low-income countries occurs within six years, a substantial amount of which shall occur within the initial two years.
(b) In addition to agreeing to and accepting the amendments referred to in section 286pp of this title relating to the use of proceeds from the sale of such gold, the United States Governor is authorized, consistent with subsection (a), to take such actions as may be necessary, including those referred to in section 286c(e) of this title, to also use such proceeds for the purpose of assisting low-income countries.
(July 31, 1945, ch. 339, §66, as added Pub. L. 111–32, title XIV, §1402, June 24, 2009, 123 Stat. 1918.)
1 So in original. The colon probably should be a semicolon.
§286ss. Acceptance of amendment to Articles of Agreement of Fund approved on October 22, 1997
The United States Governor of the Fund may agree to and accept the amendment to the Articles of Agreement of the Fund as proposed in the resolution numbered 52–4 of the Board of Governors of the Fund which was approved by such Board on October 22, 1997: Provided, That not more than one year after the acceptance of such amendments to the Fund's Articles of Agreement, the Secretary of the Treasury shall submit a report to the appropriate congressional committees analyzing Special Drawing Rights, to include a discussion of how those countries that significantly use or acquire Special Drawing Rights in accordance with Article XIX, Section 2(c), use or acquire them; the extent to which countries experiencing balance of payment difficulties exchange or use their Special Drawing Rights to acquire reserve currencies; and the manner in which those reserve currencies are acquired when utilizing Special Drawing Rights.
(July 31, 1945, ch. 339, §67, as added Pub. L. 111–32, title XIV, §1402, June 24, 2009, 123 Stat. 1918; amended Pub. L. 111–117, div. F, title VII, §7034(q)(1)(A), Dec. 16, 2009, 123 Stat. 3363.)
Editorial Notes
Amendments
2009—Pub. L. 111–117 substituted "resolution numbered 52–4" for "resolution numbered 54–4".
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Pub. L. 111–117, div. F, title VII, §7034(q)(1)(B), Dec. 16, 2009, 123 Stat. 3363, provided that: "The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 1402 of Public Law 111–32."
§286tt. Restrictions on use of United States funds for foreign governments; protection of American taxpayers
(a) In general
The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund—
(1) to evaluate, prior to consideration by the Board of Executive Directors of the Fund, any proposal submitted to the Board for the Fund to make a loan to a country if—
(A) the amount of the public debt of the country exceeds the gross domestic product of the country as of the most recent year for which such information is available; and
(B) the country is not eligible for assistance from the International Development Association.
(2)
(b) Reports to Congress
Within 30 days after the Board of Executive Directors of the Fund approves a proposal described in subsection (a), and annually thereafter by June 30, for the duration of any program approved under such proposals, the Secretary of the Treasury shall report in writing to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate assessing the likelihood that loans made pursuant to such proposals will be repaid in full, including—
(1) the borrowing country's current debt status, including, to the extent possible, its maturity structure, whether it has fixed or floating rates, whether it is indexed, and by whom it is held;
(2) the borrowing country's external and internal vulnerabilities that could potentially affect its ability to repay; and
(3) the borrowing country's debt management strategy.
(July 31, 1945, ch. 339, §68, as added Pub. L. 111–203, title XV, §1501, July 21, 2010, 124 Stat. 2212.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of Title 12, Banks and Banking.
§286uu. Acceptance of an amendment to the Articles of Agreement of the Bank to increase basic votes
The United States Governor of the Bank may accept on behalf of the United States the amendment to the Articles of Agreement of the Bank as proposed in resolution No. 596, entitled "Enhancing Voice and Participation of Developing and Transition Countries," of the Board of Governors of the Bank that was approved by such Board on January 30, 2009.
(July 31, 1945, ch. 339, §69, as added Pub. L. 112–74, div. I, title VII, §7081(a), Dec. 23, 2011, 125 Stat. 1258.)
§286vv. Capital stock increases
(a) Increases authorized
The United States Governor of the Bank is authorized—
(1)(A) to vote in favor of a resolution to increase the capital stock of the Bank on a selective basis by 230,374 shares; and
(B) to subscribe on behalf of the United States to 38,459 additional shares of the capital stock of the Bank, as part of the selective increase in the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts;
(2)(A) to vote in favor of a resolution to increase the capital stock of the Bank on a general basis by 484,102 shares; and
(B) to subscribe on behalf of the United States to 81,074 additional shares of the capital stock of the Bank, as part of the general increase in the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
(1) In order to pay for the increase in the United States subscription to the Bank under subsection (a)(2)(B), there are authorized to be appropriated, without fiscal year limitation, $9,780,361,991 for payment by the Secretary of the Treasury.
(2) Of the amount authorized to be appropriated under paragraph (2)(A)— 1
(A) $586,821,720 shall be for paid in shares of the Bank; and
(B) $9,193,540,271 shall be for callable shares of the Bank.
(3) In order to pay for the increase in the United States subscription to the Bank under subsection (a)(1)(B), there are authorized to be appropriated, without fiscal year limitation, $4,639,501,466 for payment by the Secretary of the Treasury.
(4) Of the amount authorized to be appropriated under paragraph (3), $278,370,088 shall be for paid in shares of the Bank, and $4,361,131,378 shall be for callable shares of the Bank.
(July 31, 1945, ch. 339, §70, as added Pub. L. 112–74, div. I, title VII, §7081(a), Dec. 23, 2011, 125 Stat. 1259; amended Pub. L. 113–6, div. F, title VII, §1704(d), Mar. 26, 2013, 127 Stat. 429.)
Editorial Notes
Amendments
2013—Subsec. (b)(3), (4). Pub. L. 113–6 added pars. (3) and (4).
1 So in original. Probably should be "paragraph (1)—".
§286ww. Acceptance of amendments to Articles of Agreement of Fund
The United States Governor of the Fund may accept the amendments to the Articles of Agreement of the Fund as proposed in resolution 66–2 of the Board of Governors of the Fund.
(July 31, 1945, ch. 339, §71, as added Pub. L. 114–113, div. K, title IX, §9002, Dec. 18, 2015, 129 Stat. 2830.)
§286xx. Quota increase
(a) In general
The United States Governor of the Fund may consent to an increase in the quota of the United States in the Fund equivalent to 40,871,800,000 Special Drawing Rights.
(b) Subject to appropriations
The authority provided by subsection (a) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(July 31, 1945, ch. 339, §72, as added Pub. L. 114–113, div. K, title IX, §9002, Dec. 18, 2015, 129 Stat. 2830.)
§286yy. Opposition to assistance for any government that fails to implement sanctions on North Korea
(a) In general
The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 262r(c) of this title) that it is the policy of the United States to oppose the provision by that institution of financial assistance to a foreign government, other than assistance to support basic human needs, if the President determines that, in the year preceding consideration of approval of such assistance, the government has knowingly failed to adequately enforce sanctions under an applicable United Nations Security Council resolution (as defined in section 9202 of this title).
(b) Waiver
The President may waive subsection (a) for up to 180 days at a time with respect to a foreign government if the President—
(1) determines that—
(A) the failure of the foreign government described in subsection (a) is due exclusively to a lack of capacity on the part of the foreign government;
(B) the foreign government is taking effective steps to prevent recurrence of such failure; or
(C) the waiver is in the national security interests of the United States; and
(2) submits to Congress a report on the reasons for the determination under paragraph (1).
(July 31, 1945, ch. 339, §73, as added Pub. L. 116–92, div. F, title LXXI, §7124(a), Dec. 20, 2019, 133 Stat. 2248.)
Repeal of Section
Pub. L. 116–92, div. F, title LXXI, §7124(b), Dec. 20, 2019, 133 Stat. 2249, provided that, effective on the date that is 10 years after Dec. 20, 2019, this section is repealed.
Editorial Notes
Codification
Another section 73 of the Bretton Woods Agreements Act was enacted by Pub. L. 116–94 and is classified to section 286zz of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 116–92, div. F, title LXXI, §7124(b), Dec. 20, 2019, 133 Stat. 2249, provided that: "Effective on the date that is 10 years after the date of the enactment of this Act [Dec. 20, 2019], section 73 of the Bretton Woods Agreements Act [this section], as added by subsection (a), is repealed."
Executive Documents
Delegation of Certain Functions and Authorities Under the National Defense Authorization Act for Fiscal Year 2020
Memorandum of President of the United States, Feb. 21, 2020, 85 F.R. 13717, provided:
Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[,] the Secretary of Commerce[, and] the Director of National Intelligence
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows:
(i) section 7503(d) [22 U.S.C. 9526 note];
(ii) section 7503(f) [22 U.S.C. 9526 note];
(iii) section 7503(h) [22 U.S.C. 9526 note];
(iv) section 7124, with respect to section 73 of the Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) [22 U.S.C. 286yy], as amended by the Act;
(v) section 7131 [22 U.S.C. 9265]; and
(vi) section 7143, with respect to section 208 of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122) (NKSPEA) [22 U.S.C. 9228], as amended by the Act.
(b) I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by the following provisions of the Act:
(i) section 7503(c) [22 U.S.C. 9526 note];
(ii) section 7503(g) [22 U.S.C. 9526 note];
(iii) section 7121, with respect to section 201B of NKSPEA [22 U.S.C. 9221b], as amended by the Act; and
(iv) section 7122, with respect to section 104(g) of NKSPEA [22 U.S.C. 9214(g)], as amended by the Act.
(c) I hereby delegate to the Secretary of the Treasury and the Secretary of Commerce the functions and authorities vested in the President by section 7132 of the Act [22 U.S.C. 9265a].
(d) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 7141 of the Act [22 U.S.C. 9269].
(e) I hereby delegate to the Director of National Intelligence, in consultation with the Secretary of State and the Secretary of the Treasury, the functions and authorities vested in the President by section 7133 of the Act [133 Stat. 2253].
(f) I hereby delegate to the Secretary of State, in consultation with the Secretary of Defense, the functions and authorities vested in the President by section 1227 of the Act [133 Stat. 1646].
Donald J. Trump.
§286zz. Capital stock increases
(a) Increases authorized
The United States Governor of the Bank is authorized—
(1)(A) to vote in favor of a resolution to increase the capital stock of the Bank on a selective basis by 245,773 shares; and
(B) to subscribe on behalf of the United States to 42,298 additional shares of the capital stock of the Bank, as part of the selective increase in the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts; and
(2)(A) to vote in favor of a resolution to increase the capital stock of the Bank on a general basis by 230,500 shares; and
(B) to subscribe on behalf of the United States to 38,662 additional shares of the capital stock of the Bank, as part of the general increase in the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
(1) In order to pay for the increase in the United States subscription to the Bank under subsection (a)(2)(B), there are authorized to be appropriated, without fiscal year limitation, $4,663,990,370 for payment by the Secretary of the Treasury.
(2) Of the amount authorized to be appropriated under paragraph (1), $932,798,074 shall be for paid in shares of the Bank, and $3,731,192,296 shall be for callable shares of the Bank.
(3) In order to pay for the increase in the United States subscription to the Bank under subsection (a)(1)(B), there are authorized to be appropriated, without fiscal year limitation $5,102,619,230 for payment by the Secretary of the Treasury.
(4) Of the amount authorized to be appropriated under paragraph (3), $306,157,153.80 shall be for paid in shares of the Bank, and $4,796,462,076.20 shall be for callable shares of the Bank.
(July 31, 1945, ch. 339, §73, as added Pub. L. 116–94, div. P, title XIX, §1901, Dec. 20, 2019, 133 Stat. 3222.)
Editorial Notes
Codification
Another section 73 of the Bretton Woods Agreements Act was enacted by Pub. L. 116–92 and is classified to section 286yy of this title.
§286aaa. Congressional notification with respect to exceptional access lending
(a) In general
The United States Executive Director at the Fund may not support any proposal that would alter the criteria used by the Fund for exceptional access lending if the proposal would permit a country that is ineligible, before the proposed alteration, to receive exceptional access lending, unless, not later than 15 days before consideration of the proposal by the Board of Executive Directors of the Fund, the Secretary of the Treasury has submitted to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the justification for the proposal and the effects of the proposed alteration on moral hazard and repayment risk at the Fund.
(b) Waiver
The Secretary of the Treasury may reduce the applicable notice period required under subsection (a) to not less than 7 days on reporting to the Committee on Financial Services of the House of Representatives and Committee on Foreign Relations of the Senate that the reduction is important to the national interest of the United States, with an explanation of the reasons therefor.
(July 31, 1945, ch. 339, §74, as added Pub. L. 118–47, div. F, title VII, §7071(d), Mar. 23, 2024, 138 Stat. 852.)
Repeal of Section
Pub. L. 118–47, div. F, title VII, §7071(d)(2), Mar. 23, 2024, 138 Stat. 852, provided that, effective on the date that is 10 years after Mar. 23, 2024, this section is repealed.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 118–47, div. F, title VII, §7071(d)(2), Mar. 23, 2024, 138 Stat. 852, provided that the repeal of this section is effective on the date that is 10 years after Mar. 23, 2024.
SUBCHAPTER XVI—UNITED NATIONS ORGANIZATION
§287. Representation in Organization
(a) Appointment of representative; rank, status, and tenure; duties
The President, by and with the advice and consent of the Senate, shall appoint a representative of the United States to the United Nations who shall have the rank and status of Ambassador Extraordinary and Plenipotentiary and shall hold office at the pleasure of the President. Such representative shall represent the United States in the Security Council of the United Nations and may serve ex officio as representative of the United States in any organ, commission, or other body of the United Nations other than specialized agencies of the United Nations, and shall perform such other functions in connection with the participation of the United States in the United Nations as the President may, from time to time, direct.
(b) Appointment of additional representatives; rank, status, and tenure; duties; reappointment unnecessary
The President, by and with the advice and consent of the Senate, shall appoint additional persons with appropriate titles, rank, and status to represent the United States in the principal organs of the United Nations and in such organs, commissions, or other bodies as may be created by the United Nations with respect to nuclear energy or disarmament (control and limitation of armament). Such persons shall serve at the pleasure of the President and subject to the direction of the Representative of the United States to the United Nations. They shall, at the direction of the Representative of the United States to the United Nations, represent the United States in any organ, commission, or other body of the United Nations, including the Security Council, the Economic and Social Council, and the Trusteeship Council, and perform such other functions as the Representative of the United States is authorized to perform in connection with the participation of the United States in the United Nations. Any Deputy Representative or any other officer holding office at the time the provisions of this Act, as amended, become effective shall not be required to be reappointed by reason of the enactment of this Act, as amended.
(c) Appointment of special and alternate representatives; number; senior representative; duties
The President, by and with the advice and consent of the Senate, shall designate from time to time to attend a specified session or specified sessions of the General Assembly of the United Nations not to exceed five representatives of the United States and such number of alternates as he may determine consistent with the rules of procedure of the General Assembly. One of the representatives shall be designated as the senior representative.
(d) Additional appointees; conditions governing certain appointments; designation of certain State Department officers to sit on Security Council
The President may also appoint from time to time such other persons as he may deem necessary to represent the United States in organs and agencies of the United Nations. The President may, without the advice and consent of the Senate, designate any officer of the United States to act without additional compensation as the representative of the United States in either the Economic and Social Council or the Trusteeship Council (1) at any specified session thereof where the position is vacant or in the absence or disability of the regular representative or (2) in connection with a specified subject matter at any specified session of either such Council in lieu of the regular representative. The President may designate any officer of the Department of State, whose appointment is subject to confirmation by the Senate, to act, without additional compensation, for temporary periods as the representative of the United States in the Security Council of the United Nations in the absence or disability of the representatives provided for under subsections (a) and (b) or in lieu of such representatives in connection with a specified subject matter.
(e) Appointment of representative to European office of United Nations; rank, status, and tenure; duties
The President, by and with the advice and consent of the Senate, shall appoint a representative of the United States to the European office of the United Nations, with appropriate rank and status who shall serve at the pleasure of the President and subject to the direction of the Secretary of State. Such person shall, at the direction of the Secretary of State, represent the United States at the European office of the United Nations, and perform such other functions there in connection with the participation of the United States in international organizations as the Secretary of State may, from time to time, direct.
(f) Representation by President or Secretary of State
Nothing contained in this section shall preclude the President or the Secretary of State, at the direction of the President, from representing the United States at any meeting or session of any organ or agency of the United Nations.
(g) Compensation
All persons appointed in pursuance of authority contained in this section shall receive compensation at rates determined by the President upon the basis of duties to be performed but not in excess of rates authorized by sections 3961, 3962, and 3963 of this title for chiefs of mission, members of the Senior Foreign Service, and Foreign Service officers occupying positions of equivalent importance, except that no member of the Senate or House of Representatives or officer of the United States who is designated under subsections (c) and (d) of this section as a representative of the United States or as an alternate to attend any specified session or specified sessions of the General Assembly shall be entitled to receive such compensation.
(h) Appointment of representative to Vienna office of United Nations; rank, status, and tenure; duties
The President, by and with the advice and consent of the Senate, shall appoint a representative of the United States to the Vienna office of the United Nations with appropriate rank and status, who shall serve at the pleasure of the President and subject to the direction of the Secretary of State. Such individual shall, at the direction of the Secretary of State, represent the United States at the Vienna office of the United Nations and perform such other functions there in connection with the participation of the United States in international organizations as the Secretary of State from time to time may direct. The representative of the United States to the Vienna office of the United Nations shall also serve as representative of the United States to the International Atomic Energy Agency.
(Dec. 20, 1945, ch. 583, §2, 59 Stat. 619; Oct. 10, 1949, ch. 660, §§1, 2, 63 Stat. 734, 735; Pub. L. 89–206, §§1, 2, Sept. 28, 1965, 79 Stat. 841, 842; Pub. L. 96–465, title II, §2206(a)(2)(A), Oct. 17, 1980, 94 Stat. 2160; Pub. L. 97–241, title I, §118, Aug. 24, 1982, 96 Stat. 279; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §708(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-461.)
Editorial Notes
References in Text
This Act, as amended, referred to in subsec. (b), is Pub. L. 89–206, Sept. 28, 1965, 79 Stat. 841, which amended this section. For complete classification of this Act to the Code, see Tables.
Amendments
1999—Subsec. (h). Pub. L. 106–113 inserted at end "The representative of the United States to the Vienna office of the United Nations shall also serve as representative of the United States to the International Atomic Energy Agency."
1982—Subsec. (h). Pub. L. 97–241 added subsec. (h).
1980—Subsec. (g). Pub. L. 96–465 substituted "sections 3961, 3962, and 3963 of this title for chiefs of mission, members of the Senior Foreign Service," for "sections 866 and 867 of this title for chiefs of mission".
1965—Subsec. (a). Pub. L. 89–206, §1(a), struck out provisions which related to the appointment, rank and status, tenure and duties of a deputy representative of the United States to the United Nations.
Subsec. (b). Pub. L. 89–206, §1(a), substituted provisions that the President, by and with the advice and consent of the Senate, shall appoint additional persons with appropriate titles, rank, and status to represent the United States in the principal organs of the United Nations and in such organs, commissions, or other bodies as may be created by the United Nations with respect to nuclear energy or disarmament, that they shall serve at the pleasure of the President and subject to the direction of the Representative of the United States to the United Nations, that they shall, at the direction of the Representative of the United States to the United Nations, represent the United States in any organ, commission, or other body of the United Nations, including the Security Council, the Economic and Social Council, and the Trusteeship Council, and perform such other functions as the Representative of the United States is authorized to perform in connection with the participation of the United States in the United Nations, and that any Deputy Representative or any other officer holding office at the time the provisions of this Act, as amended, become effective shall not be required to be reappointed by reason of the enactment of this Act, as amended, for provisions which authorized the President, by and with the advice and consent of the Senate, to appoint an additional deputy representative of the United States to the Security Council who shall hold office at the pleasure of the President, and which required the deputy representative to represent the United States in the Security Council of the United Nations in the event of the absence or disability of both the representative and the deputy representative of the United States to the United Nations.
Subsec. (d). Pub. L. 89–206, §1(b), struck out provisions which required the representative of the United States in the Economic and Social Council and in the Trusteeship Council of the United Nations to be appointed only by and with the advice and consent of the Senate and which required the advice and consent of the Senate for the appointment by the President of the representative of the United States in any commission that may be formed by the United Nations with respect to atomic energy or in any other commission of the United Nations to which the United States is entitled to appoint a representative.
Subsecs. (e) to (g). Pub. L. 89–206, §2, added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
1949—Subsec. (a). Act Oct. 10, 1949, §1, created new post of deputy representative, and allowed the principal and deputy representatives to serve ex officio on any organ, commission, or body, other than specialized agencies, of the United Nations.
Subsec. (b). Act Oct. 10, 1949, §1, amended subsec. (b) generally, to provide for appointment of an additional deputy representative.
Subsec. (c). Act Oct. 10, 1949, §1, amended subsec. (c) generally, to provide for appointment of special and alternate representatives.
Subsec. (d). Act Oct. 10, 1949, §1, allowed the designation by the President of any State Department officer, whose appointment is subject to confirmation by the Senate, to sit on the Security Council in certain instances.
Subsec. (f). Act Oct. 10, 1949, §2, added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §708(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-462, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 2021 of this title] shall apply to individuals appointed on or after the date of enactment of this Act [Nov. 29, 1999]."
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Short Title
Act Dec. 20, 1945, ch. 583, §1, 59 Stat. 619, provided that: "This Act [enacting this subchapter] may be cited as the 'United Nations Participation Act of 1945'."
Preventing Child Marriage in Displaced Populations
Pub. L. 116–94, div. J, title IV, Dec. 20, 2019, 133 Stat. 3058, provided that:
"SEC. 401. SHORT TITLE.
"This title may be cited as the 'Preventing Child Marriage in Displaced Populations Act'.
"SEC. 402. FINDINGS.
"Congress finds the following:
"(1) According to United Nations Children's Fund (UNICEF), 12,000,000 girls marry before the age of 18 every year.
"(2) Early marriage denies children, especially girls, their right to make vital decisions about their well-being, including relating to their health, family, and career. Child brides are less likely to finish their education, and are at higher risk for abuse, contracting HIV, and dying while pregnant or giving birth.
"(3) Child marriage also imposes substantial economic costs to developing countries, impeding development and prosperity gains.
"(4) Displaced populations are particularly vulnerable to child marriage, in communities where poverty, instability, and displacement put pressure on families to marry children, particularly young girls, off at a young age.
"(5) One United Nations (UN) study found that child marriage rates were 4 times higher among displaced Syrian refugees than among Syrians before the crisis. This indicates that displacement, instability, and poverty are driving child marriages.
"(6) United Nations agencies, including UNICEF and the United Nations High Commissioner for Refugees (UNHCR), have acknowledged the dangers of child marriage and taken steps to address its risk in the populations they serve.
"(7) The UN Joint Program on Child Marriage supports this work by building the resilience of populations to indirectly prevent child marriage and by generating new data and evidence on the prevalence of child marriage in humanitarian and fragile settings. For example, in Uganda, the UN Joint Program on Child Marriage helped 27,000 adolescent girls strengthen critical skills through school clubs and Go Back to School campaigns, as well as life skills and financial literacy training.
"(8) After the UN Joint Program on Child Marriage identified Yemen as one of its focus countries, 65,000 people, of whom 45,000 are adolescents, were reached with awareness-raising activities on the harms of child marriage in 2018 alone. As a result, local council representatives, elders, and community leaders from 6 districts signed a pledge to support advocacy efforts to end child marriage.
"SEC. 403. PREVENTING CHILD MARRIAGE IN DISPLACED POPULATIONS.
"(a)
"(b)
"(1) A mandate to regularly collect and report data related to the number of known or suspected child marriages taking place inside each such settlement.
"(2) Protocols for United Nations personnel regarding prevention and monitoring of child marriages inside each such settlement.
"(3) A description of United Nations programs administered at such settlements that include—
"(A) physical, mental, and emotional rehabilitation and support to children who have extricated themselves from child marriage; and
"(B) alternatives to child marriage, such as education initiatives.
"(4) Protocols regarding how United Nations personnel should—
"(A) report adults participating in illegal child marriages in each such settlement; and
"(B) monitor the prosecution of such adults by the authorities of the country in which the settlement at issue is located.
"(c)
"(d)
"(1)
"(2)
Restriction on Funding for the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Pub. L. 115–91, div. A, title XII, §1279E, Dec. 12, 2017, 131 Stat. 1704, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) United States funds for the Comprehensive Nuclear-Test-Ban Treaty Organization's International Monitoring System; or
"(B) United States funds used solely for analysis and dissemination of data collected under the International Monitoring System."
United Nations Peacekeeping Operations; Oversight and Accountability
Pub. L. 114–323, title III, §§301–305, Dec. 16, 2016, 130 Stat. 1917–1920, as amended by Pub. L. 115–94, §§2(c), 3, Dec. 18, 2017, 131 Stat. 2038, 2039, provided that:
"SEC. 301. OVERSIGHT OF AND ACCOUNTABILITY FOR PEACEKEEPER ABUSES.
"(a)
"(1) a United States strategy for combating sexual exploitation and abuse in United Nations peacekeeping operations; and
"(2) an implementation plan for achieving the objectives set forth in the strategy described in paragraph (1).
"(b)
"(1) To dramatically reduce the incidence of sexual exploitation and abuse committed by civilian and military personnel assigned to United Nations peacekeeping operations.
"(2) To ensure the introduction and implementation by the United Nations of improved training, oversight, and accountability mechanisms for United Nations peacekeeping operations and the personnel involved with such operations.
"(3) To ensure swift justice for any such personnel who are found to have committed sexual exploitation or abuse.
"(4) To assist the United Nations and troop- or police-contributing countries, as necessary and appropriate, to improve their ability to prevent, identify, and prosecute sexual exploitation or abuse by personnel involved in peacekeeping operations.
"(c)
"(1) The amendment of the model memorandum of understanding and review of all current memorandums of understanding for troop- or police-contributing countries participating in United Nations peacekeeping operations to strengthen provisions relating to the investigation, repatriation, prosecution, and discipline of troops or police that are credibly alleged to have engaged in cases of misconduct.
"(2) The establishment of onsite courts-martial, as appropriate, for the prosecution of crimes committed by military peacekeeping personnel, that is consistent with each peacekeeping operations' status of forces agreement with its host country.
"(3) The exploration of appropriate arrangements to waive the immunity of civilian employees of the United Nations and its specialized agencies, funds, and programs to enable the prosecution of such employees who are credibly alleged to have engaged in sexual exploitation, abuse, or other crimes.
"(4) The creation of a United Nations Security Council ombudsman office that—
"(A) is authorized to conduct ongoing oversight of peacekeeping operations;
"(B) reports directly to the Security Council on—
"(i) offenses committed by peacekeeping personnel or United Nations civilian staff or volunteers; and
"(ii) the actions taken in response to such offenses; and
"(C) provides reports to the Security Council on the conduct of personnel in each peacekeeping operation not less frequently than annually and before the expiration or renewal of the mandate of any such peacekeeping operation.
"(5) The provision of guidance from the United Nations on the establishment of a standing claims commission for each peacekeeping operation—
"(A) to address any grievances by a host country's civilian population against United Nations personnel in cases of alleged abuses by peacekeeping personnel; and
"(B) to provide means for the government of the country of which culpable United Nations peacekeeping or civilian personnel are nationals to compensate the victims of such crimes.
"(6) The adoption of a United Nations policy and plan that increases the number of troop- or police-contributing countries that—
"(A) obtain and maintain DNA samples from each national of such country who is a member of a United Nations military contingent or formed police unit, consistent with national laws, of such contingent or unit; and
"(B) make such DNA samples available to investigators from the troop- or police-contributing country (except that such should not be made available to the United Nations) if allegations of sexual exploitation or abuse arise.
"(7) The adoption of a United Nations policy that bars troop- or police-contributing countries that fail to fulfill their obligation to ensure good order and discipline among their troops from providing any further troops for peace operations or restricts peacekeeper reimbursements to such countries until appropriate training, institutional reform, and oversight mechanisms to prevent such problems from recurring have been put in place.
"(8) The implementation of appropriate risk reduction policies, including refusal by the United Nations to deploy uniformed personnel from any troop- or police-contributing country that does not adequately—
"(A) investigate allegations of sexual exploitation or abuse involving nationals of such country; and
"(B) ensure justice for those personnel determined to have been responsible for such sexual exploitation or abuse.
"(d)
"(e)
"(1) implement and maintain effective measures to investigate allegations of sexual exploitation and abuse offenses committed by peacekeeping personnel who are nationals of such country;
"(2) appropriately hold accountable personnel who are found to have committed such offenses; and
"(3) provide detailed reporting to the ombudsman described in subsection (c)(4) (or other appropriate United Nations official) that describes the offenses committed by the nationals of such country and such country's responses to such offenses, including compensation to victims, as appropriate.
"(f)
"(1) to improve their capacity to investigate allegations of sexual exploitation and abuse offenses committed by nationals of such countries while participating in a United Nations peacekeeping operation; and
"(2) to appropriately hold accountable personnel who are found to have committed acts of sexual exploitation or abuse.
"(g)
"(1) are characterized by patterns of sexual exploitation or abuse; or
"(2) have failed to institute appropriate institutional and procedural reforms after being made aware of any such patterns.
"SEC. 302. REIMBURSEMENT OF CONTRIBUTING COUNTRIES.
"It is the policy of the United States that—
"(1) the present formula for determining the troop reimbursement rate paid to troop- and police-contributing countries for United Nations peacekeeping operations should be clearly explained and made available to the public on the United Nations Department of Peacekeeping Operations website;
"(2) regular audits of the nationally-determined pay and benefits given to personnel from troop- and police-contributing countries participating in United Nations peacekeeping operations should be conducted to help inform the reimbursement rate referred to in paragraph (1); and
"(3) the survey mechanism developed by the United Nations Secretary General's Senior Advisory Group on Peacekeeping Operations for collecting troop- and police-contributing country data on common and extraordinary expenses associated with deploying personnel to peacekeeping operations should be coordinated with the audits described in paragraph (2) to ensure proper oversight and accountability.
"SEC. 303. WITHHOLDING OF ASSISTANCE.
"It is the policy of the United States that security assistance should not be provided to any unit of the security forces of a foreign country if such unit has engaged in a gross violation of human rights or in acts of sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation.
"SEC. 304. UNITED NATIONS PEACEKEEPING ASSESSMENT FORMULA.
"The Secretary [of State] shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to urge the United Nations to share the raw data used to calculate Member State peacekeeping assessment rates and to make available the formula for determining peacekeeping assessments.
"SEC. 305. REIMBURSEMENT OR APPLICATION OF CREDITS.
"Notwithstanding any other provision of law, the President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to seek and timely obtain a commitment from the United Nations to make available to the United States any peacekeeping credits that are generated from a closed peacekeeping operation."
[For definition of "peacekeeping credits" as used in sections 301–305 of Pub. L. 114–323, set out above, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.]
Whistleblower Protections for United Nations Personnel
Pub. L. 114–323, title III, §307, Dec. 16, 2016, 130 Stat. 1921, provided that: "The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to—
"(1) call for the removal of any official of the United Nations or of any United Nations agency, program, commission, or fund who the Secretary [of State] has determined has failed to uphold the highest standards of ethics and integrity established by the United Nations, including such standards specified in United Nations Codes of Conduct and Codes of Ethics, or whose conduct, with respect to preventing sexual exploitation and abuse by United Nations peacekeepers, has resulted in the erosion of public confidence in the United Nations;
"(2) ensure that best practices with regard to whistleblower protections are extended to all personnel serving the United Nations or serving any United Nations agency, program, commission, or fund, especially personnel participating in United Nations peacekeeping operations, United Nations police officers, United Nations staff, contractors, and victims of misconduct, wrongdoing, or criminal behavior involving United Nations personnel;
"(3) ensure that the United Nations implements protective measures for whistleblowers who report significant allegations of misconduct, wrongdoing, or criminal behavior by personnel serving the United Nations or serving any United Nations agency, program, commission, or fund, especially personnel participating in United Nations peacekeeping operations, United Nations staff, or contractors, specifically by implementing best practices for the protection of such whistleblowers from retaliation, including—
"(A) protection against retaliation for internal and lawful public disclosures;
"(B) legal burdens of proof;
"(C) statutes of limitation for reporting retaliation;
"(D) access to independent adjudicative bodies, including external arbitration; and
"(E) results that eliminate the effects of proven retaliation;
"(4) insist that the United Nations provides adequate redress to any whistleblower who has suffered from retribution in violation of the protective measures specified in paragraph (3), including reinstatement to any position from which such whistleblower was wrongfully removed, or reassignment to a comparable position at the same level of pay, plus any compensation for any arrearage in salary to which such whistleblower would have otherwise been entitled but for the wrongful retribution;
"(5) call for public disclosure of the number and general description of—
"(A) complaints submitted to the United Nations' Ethics Office, local Conduct and Discipline teams, or other entity designated to receive complaints from whistleblowers;
"(B) determinations that probable cause exists to conduct an investigation, and specification of the entity conducting such investigation, including the Office of Internal Oversight Services, the Office of Audit and Investigations (for UNDP), the Office of Internal Audit (for UNICEF), and the Inspector General's Office (for UNHCR);
"(C) dispositions of such investigations, including dismissal and referral for adjudication, specifying the adjudicating entity, such as the United Nations Dispute Tribunal; and
"(D) results of adjudication, including disciplinary measures proscribed and whether such measures were effected, including information with respect to complaints regarding allegations of sexual exploitation and abuse by United Nations peacekeepers, allegations of fraud in procurement and contracting, and all other allegations of misconduct, wrongdoing, or criminal behavior;
"(6) insist that the full, unredacted text of any investigation or adjudication referred to in paragraph (5) are made available to Member States upon request; and
"(7) call for an examination of the feasibility of establishing a stand-alone agency at the United Nations, independent of the Secretary General, to investigate all allegations of misconduct, wrongdoing, or criminal behavior, reporting to the Member States of the General Assembly, paid for from the United Nations regular budget, to replace existing investigative bodies, including the Office of Internal Oversight Services, the Office of Audit and Investigations, the Office of Internal Audit, and the offices of inspectors general of relevant United Nations agencies."
Qualifications of the United Nations Secretary General
Pub. L. 114–323, title III, §310, Dec. 16, 2016, 130 Stat. 1924, as amended by Pub. L. 115–94, §4, Dec. 18, 2017, 131 Stat. 2039, provided that:
"(a)
"(b)
"(1) A process for determining the goals, objectives, and benchmarks for the timely withdrawal of peacekeeping forces prior to the approval by the United Nations Security Council of a new or expanded peacekeeping operation.
"(2) A proposal for ensuring that the numbers and qualifications of staff are clearly aligned with the specific needs of each United Nations agency, mission, and program, including measures to ensure that such agencies, missions, and programs have the flexibility needed to hire and release employees as workforce needs change over time.
"(c)
United States Membership on the United Nations Commission on Human Rights and International Narcotics Control Board
Pub. L. 107–228, div. A, title IV, §408, Sept. 30, 2002, 116 Stat. 1391, provided that: "The United States, in connection with its voice and vote in the United Nations General Assembly and the United Nations Economic and Social Council, shall make every reasonable effort—
"(1) to secure a seat for the United States on the United Nations Commission on Human Rights;
"(2) to secure a seat for a United States national on the United Nations International Narcotics Control Board; and
"(3) to prevent membership on the Human Rights Commission by any member nation the government of which, in the judgment of the Secretary, based on the Department's Annual Country Reports on Human Rights and the Annual Report on International Report on Religious Freedom, consistently violates internationally recognized human rights or has engaged in or tolerated particularly severe violations of religious freedom in that country."
[For definitions of "Secretary" and "Department" as used in section 408 of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.]
United Nations Policy on Israel and the Palestinians
Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §721], Nov. 29, 1999, 113 Stat. 1536, 1501A-462, as amended by Pub. L. 114–323, title VII, §715(b)(2), Dec. 16, 2016, 130 Stat. 1946, provided that:
"(a)
"(b)
"(c)
United States Commission on Improving the Effectiveness of the United Nations
Pub. L. 100–204, title VII, part B, Dec. 22, 1987, 101 Stat. 1391, as amended by Pub. L. 101–246, title IV, §409, Feb. 16, 1990, 104 Stat. 68, provided for establishment, membership, etc., of United States Commission on Improving the Effectiveness of the United Nations to examine the United Nations system as a whole and identify and evaluate its strengths and weaknesses and to transmit to President and Congress, not later than 18 months after the date on which all members of the Commission have been appointed, a report containing a detailed statement of the findings, conclusions, and recommendations of the Commission, which report was dated Sept. 10, 1993, and the Commission terminated Sept. 30, 1993.
Soviet Mission at the United Nations
Pub. L. 99–569, title VII, §702, Oct. 27, 1986, 100 Stat. 3204, related to policy of Congress of limiting number of Soviet nationals serving as members of Soviet mission at the United Nations to number not to substantially exceed number of United States nationals serving as members of United States mission, required Secretary of State to report numbers of Soviet nationals so serving, and provided that spouses and dependents were not to be included in such numbers, prior to repeal by Pub. L. 103–199, title V, §501(d), Dec. 17, 1993, 107 Stat. 2325.
United States Participation in the United Nations if Israel is Illegally Expelled
Pub. L. 98–164, title I, §115, Nov. 22, 1983, 97 Stat. 1021, as amended by Pub. L. 99–93, title I, §142, Aug. 16, 1985, 99 Stat. 424; Pub. L. 100–204, title VII, §704, Dec. 22, 1987, 101 Stat. 1389, provided that:
"(a) The Congress finds that—
"(1) the United Nations was founded on the principle of universality;
"(2) the United Nations Charter stipulates that members may be suspended by the General Assembly only 'upon the recommendation of the Security Council'; and
"(3) any move by the General Assembly that would illegally deny Israel its credentials in the Assembly would be a direct violation of these provisions of the Charter.
"(b) If Israel is illegally expelled, suspended, denied its credentials, or in any other manner denied its right to participate in any principal or subsidiary organ or in any specialized, technical, or other agency of the United Nations, the United States shall suspend its participation in any such organ or agency until the illegal action is reversed. The United States shall reduce its annual assessed contribution to the United Nations or such specialized agency by 8.34 percent for each month in which United States participation is suspended pursuant to this section. Nothing in this section may be construed to diminish or to affect United States participation in the United Nations Security Council or the Safeguards Program of the International Atomic Energy Agency."
International Year of the Child
Pub. L. 95–561, title XV, §§1501–1507, Nov. 1, 1978, 92 Stat. 2373–2375, described the purpose of the International Year of the Child (designated as 1979 by the United Nations General Assembly) as promotion of lasting improvements in the well-being of children, provided for the establishment of a National Commission on the International Year of the Child, and for the Commission's membership, functions, coordination and administration, and waiver of certain provisions of law relating to advertising, competitive bidding, and printing, authorized appropriations, and terminated the life of the Commission thirty days after the submission of its final report, which was to be submitted not later than Mar. 31, 1980, but which life was in no case to be extended beyond Apr. 30, 1980.
Pub. L. 97–35, title V, §511(b)(1), Aug. 13, 1981, 95 Stat. 443, provided that: "No funds are authorized to be appropriated to carry out part A of title XV of the Education Amendments of 1978 [sections 1501 to 1507 of Pub. L. 95–561, see note above] for fiscal year 1982, 1983, or 1984."
United Nations Environment Program Participation
Pub. L. 93–188, Dec. 15, 1973, 87 Stat. 713, provided:
"[
"
"
United States Grant for Expansion and Improvement of United Nations Headquarters
Pub. L. 91–622, Dec. 31, 1970, 84 Stat. 1867, provided: "That there is hereby authorized to be appropriated to the Secretary of State out of any money in the Treasury not otherwise appropriated, a sum not to exceed $20,000,000, to remain available until expended, for a grant to be made at the discretion of the Secretary of State, to the United Nations to defray a portion of the cost of the expansion and improvement of its headquarters in the city of New York on such terms and conditions as the Secretary of State may determine. Such grant shall not be considered a contribution to the United Nations for purpose of any other applicable law limiting contributions."
United States Loan for Construction of Permanent Headquarters in New York City
Act Aug. 11, 1948, ch. 834, 62 Stat. 1286, authorized the President to loan to the United Nations $65,000,000 to construct a permanent headquarters in New York City, provided for the repayment of the loan without interest in installments beginning July 1, 1951, and continuing until July 1, 1982, and authorized the Reconstruction Finance Corporation to advance to the United Nations up to $25,000,000 until such time as the $65,000,000 is appropriated by Congress.
Establishment of Permanent Headquarters in New York; Agreement Between United Nations and United States
Joint Res. Aug. 4, 1947, ch. 482, 61 Stat. 756, provided that:
"Whereas the Charter of the United Nations was signed on behalf of the United States on June 26, 1945, and was ratified on August 8, 1945, by the President of the United States, by and with the advice and consent of the Senate, and the instrument of ratification of the said Charter was deposited on August 8, 1945; and
"Whereas the said Charter of the United Nations came into force with respect to the United States on October 24, 1945; and
"Whereas article 104 of the Charter provides that 'The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes'; and
"Whereas article 105 of the Charter provides that:
"1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.
"2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.
"3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this article or may propose conventions to the Members of the United Nations for this purpose; and
"Whereas article 28 and other articles of the Charter of the United Nations contemplate the establishment of a seat for the permanent headquarters of the Organization; and
"Whereas the interim arrangements concluded on June 26, 1945, by the governments represented at the United Nations Conference on International Organization instructed the Preparatory Commission established in pursuance of the arrangements to 'make studies and prepare recommendations concerning the location of the permanent headquarters of the Organization'; and
"Whereas during the labors of the said Preparatory Commission, the Congress of the United States in H. Con. Res. 75, passed unanimously by the House of Representatives December 10, 1945, and agreed to unanimously by the Senate December 11, 1945, invited the United Nations 'to locate the seat of the United Nations Organization within the United States'; and
"Whereas the General Assembly on December 14, 1946, resolved 'that the permanent headquarters of the United Nations shall be established in New York City in the area bounded by First Avenue, East Forty-eighth Street, the East River, and East Forty-second Street'; and
"Whereas the General Assembly resolved on December 14, 1946, 'That the Secretary-General be authorized to negotiate and conclude with the appropriate authorities of the United States of America an agreement concerning the arrangements required as a result of the establishment of the permanent headquarters of the United Nations in the city of New York' and to be guided in these negotiations by the provisions of a preliminary draft agreement which had been negotiated by the Secretary-General and the Secretary of State of the United States; and
"Whereas the General Assembly resolved on December 14, 1946, that pending the coming into force of the agreement referred to above 'the Secretary-General be authorized to negotiate and conclude arrangements with the appropriate authorities of the United States of America to determine on a provisional basis the privileges, immunities, and facilities needed in connection with the temporary headquarters of the United Nations.'; and
"Whereas the Secretary of State of the United States, after consultation with the appropriate authorities of the State and city of New York, signed at Lake Success, New York, on June 26, 1947, on behalf of the United States an agreement with the United Nations regarding the headquarters of the United Nations, which agreement is incorporated herein; and
"Whereas the aforesaid agreement provides that it shall be brought into effect by an exchange of notes between the United States and the Secretary-General of the United Nations: Therefore be it
"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized to bring into effect on the part of the United States the agreement between the United States of America and the United Nations regarding the headquarters of the United Nations, signed at Lake Success, New York, on June 26, 1947 (hereinafter referred to as the 'agreement'), with such changes therein not contrary to the general tenor thereof and not imposing any additional obligations on the United States as the President may deem necessary and appropriate, and at his discretion, after consultation with the appropriate State and local authorities, to enter into such supplemental agreements with the United Nations as may be necessary to fulfill the purposes of the said agreement: Provided, That any supplemental agreement entered into pursuant to section 5 of the agreement incorporated herein shall be submitted to the Congress for approval. The agreement follows:
"AGREEMENT BETWEEN THE UNITED NATIONS AND THE UNITED STATES OF AMERICA REGARDING THE HEADQUARTERS OF THE UNITED NATIONS
The United Nations and the United States of America:
Desiring to conclude an agreement for the purpose of carrying out the Resolution adopted by the General Assembly on 14 December 1946 to establish the seat of the United Nations in The City of New York and to regulate questions arising as a result thereof;
Have appointed as their representatives for this purpose:
The United Nations:
and Secretary-General,
The United States of America:
Secretary of State,
Who have agreed as follows:
"Article I—Definitions
section 1
In this agreement:
(a) The expression 'headquarters district' means (1) the area defined as such in Annex 1, (2) any other lands or buildings which from time to time may be included therein by supplemental agreement with the appropriate American authorities;
(b) the expression 'appropriate American authorities' means such federal, state, or local authorities in the United States as may be appropriate in the context and in accordance with the laws and customs of the United States, including the laws and customs of the state and local government involved;
(c) the expression 'General Convention' means the Convention on the Privileges and Immunities of the United Nations approved by the General Assembly of the United Nations 13 February 1946, as acceded to by the United States;
(d) the expression 'United Nations' means the international organization established by the Charter of the United Nations, hereinafter referred to as the 'Charter':
(e) the expression 'Secretary-General' means the Secretary-General of the United Nations.
"Article II—The Headquarters District
section 2
The seat of the United Nations shall be the headquarters district.
section 3
The appropriate American authorities shall take whatever action may be necessary to assure that the United Nations shall not be dispossessed of its property in the headquarters district, except as provided in Section 22 in the event that the United Nations ceases to use the same; provided that the United Nations shall reimburse the appropriate American authorities for any costs incurred, after consultation with the United Nations, in liquidating by eminent domain proceedings or otherwise any adverse claims.
section 4
(a) The United Nations may establish and operate in the headquarters district:
(1) its own short-wave sending and receiving radio broadcasting facilities (including emergency link equipment) which may be used on the same frequencies (within the tolerances prescribed for the broadcasting service by applicable United States regulations) for radiotelegraph, radioteletype, radiotelephone, radiotelephoto, and similar services;
(2) one point-to-point circuit between the headquarters district and the office of the United Nations in Geneva (using single sideband equipment) to be used exclusively for the exchange of broadcasting programs and interoffice communications;
(3) low power micro-wave, low or medium frequency facilities for communication within headquarters buildings only, or such other buildings as may temporarily be used by the United Nations;
(4) facilities for point-to-point communication to the same extent and subject to the same conditions as permitted under applicable rules and regulations for amateur operation in the United States, except that such rules and regulations shall not be applied in a manner inconsistent with the inviolability of the headquarters district provided by Section 9(a);
(5) such other radio facilities as may be specified by supplemental agreement between the United Nations and the appropriate American authorities.
(b) The United Nations shall make arrangements for the operation of the services referred to in this section with the International Telecommunication Union, the appropriate agencies of the Government of the United States and the appropriate agencies of other affected governments with regard to all frequencies and similar matters.
(c) The facilities provided for in this section may, to the extent necessary for efficient operation, be established and operated outside the headquarters district. The appropriate American authorities will, on request of the United Nations, make arrangements, on such terms and in such manner as may be agreed upon by supplemental agreement, for the acquisition or use by the United Nations of appropriate premises for such purposes and the inclusion of such premises in the headquarters district.
section 5
In the event that the United Nations should find it necessary and desirable to establish and operate an aerodrome, the conditions for the location, use and operation of such an aerodrome and the conditions under which there shall be entry into and exit therefrom shall be the subject of a supplemental agreement.
section 6
In the event that the United Nations should propose to organize its own postal service, the conditions under which such service shall be set up shall be the subject of a supplemental agreement.
"Article III—Law and Authority in the Headquarters District
section 7
(a) The headquarters district shall be under the control and authority of the United Nations as provided in this agreement.
(b) Except as otherwise provided in this agreement or in the General Convention, the federal, state and local law of the United States shall apply within the headquarters district.
(c) Except as otherwise provided in this agreement or in the General Convention, the federal, state and local courts of the United States shall have jurisdiction over acts done and transactions taking place in the headquarters district as provided in applicable federal, state and local laws.
(d) The federal, state and local courts of the United States, when dealing with cases arising out of or relating to acts done or transactions taking place in the headquarters district, shall take into account the regulations enacted by the United Nations under Section 8.
section 8
The United Nations shall have the power to make regulations, operative within the headquarters district for the purpose of establishing therein conditions in all respects necessary for the full execution of its functions. No federal, state or local law or regulation of the United States which is inconsistent with a regulation of the United Nations authorized by this section shall, to the extent of such inconsistency, be applicable within the headquarters district. Any dispute, between the United Nations and the United States, as to whether a regulation of the United Nations is authorized by this section or as to whether a federal, state or local law or regulation is inconsistent with any regulation of the United Nations authorized by this section, shall be promptly settled as provided in Section 21. Pending such settlement, the regulation of the United Nations shall apply, and the federal, state or local law or regulation shall be inapplicable in the headquarters district to the extent that the United Nations claims it to be inconsistent with the regulation of the United Nations. This section shall not prevent the reasonable application of fire protection regulations of the appropriate American authorities.
section 9
(a) The headquarters district shall be inviolable. Federal, state or local officers or officials of the United States, whether administrative, judicial, military or police, shall not enter the headquarters district to perform any official duties therein except with the consent of and under conditions agreed to by the Secretary-General. The service of legal process, including the seizure of private property, may take place within the headquarters district only with the consent of and under conditions approved by the Secretary-General.
(b) Without prejudice to the provisions of the General Convention or Article IV of this agreement, the United Nations shall prevent the headquarters district from becoming a refuge either for persons who are avoiding arrest under the federal, state, or local law of the United States or are required by the Government of the United States for extradition to another country, or for persons who are endeavoring to avoid service of legal process.
section 10
The United Nations may expel or exclude persons from the headquarters district for violation of its regulations adopted under Section 8 or for other cause. Persons who violate such regulations shall be subject to other penalties or to detention under arrest only in accordance with the provisions of such laws or regulations as may be adopted by the appropriate American authorities.
"Article IV—Communications and Transit
section 11
The federal, state or local authorities of the United States shall not impose any impediments to transit to or from the headquarters district of (1) representatives of Members or officials of the United Nations, or of specialized agencies as defined in Article 57, paragraph 2, of the Charter, or the families of such representatives or officials, (2) experts performing missions for the United Nations or for such specialized agencies, (3) representatives of the press, or of radio, film or other information agencies, who have been accredited by the United Nations (or by such a specialized agency) in its discretion after consultation with the United States, (4) representatives of nongovernmental organizations recognized by the United Nations for the purpose of consultation under Article 71 of the Charter, or (5) other persons invited to the headquarters district by the United Nations or by such specialized agency on official business. The appropriate American authorities shall afford any necessary protection to such persons while in transit to or from the headquarters district. This section does not apply to general interruptions of transportation which are to be dealt with as provided in Section 17, and does not impair the effectiveness of generally applicable laws and regulations as to the operation of means of transportation.
section 12
The provisions of Section 11 shall be applicable irrespective of the relations existing between the Governments of the persons referred to in that section and the Government of the United States.
section 13
(a) Laws and regulations in force in the United States regarding the entry of aliens shall not be applied in such manner as to interfere with the privileges referred to in Section 11. When visas are required for persons referred to in that Section, they shall be granted without charge and as promptly as possible.
(b) Laws and regulations in force in the United States regarding the residence of aliens shall not be applied in such manner as to interfere with the privileges referred to in Section 11 and, specifically, shall not be applied in such manner as to require any such person to leave the United States on account of any activities performed by him in his official capacity. In case of abuse of such privileges of residence by any such person in activities in the United States outside his official capacity, it is understood that the privileges referred to in Section 11 shall not be construed to grant him exemption from the laws and regulations of the United States regarding the continued residence of aliens, provided that:
(1) No proceedings shall be instituted under such laws or regulations to require any such person to leave the United States except with the prior approval of the Secretary of State of the United States. Such approval shall be given only after consultation with the appropriate Member in the case of a representative of a Member (or a member of his family) or with the Secretary-General or the principal executive officer of the appropriate specialized agency in the case of any other person referred to in Section 11;
(2) A representative of the Member concerned, the Secretary-General, or the principal executive officer of the appropriate specialized agency, as the case may be, shall have the right to appear in any such proceedings on behalf of the person against whom they are instituted;
(3) Persons who are entitled to diplomatic privileges and immunities under Section 15 or under the General Convention shall not be required to leave the United States otherwise than in accordance with the customary procedure applicable to diplomatic envoys accredited to the United States.
(c) This section does not prevent the requirement of reasonable evidence to establish that persons claiming the rights granted by Section 11 come within the classes described in that section, or the reasonable application of quarantine and health regulations.
(d) Except as provided above in this section and in the General Convention, the United States retains full control and authority over the entry of persons or property into the territory of the United States and the conditions under which persons may remain or reside there.
(e) The Secretary-General shall, at the request of the appropriate American authorities, enter into discussions with such authorities, with a view to making arrangements for registering the arrival and departure of persons who have been granted visas valid only for transit to and from the headquarters district and sojourn therein and in its immediate vicinity.
(f) The United Nations shall, subject to the foregoing provisions of this section, have the exclusive right to authorize or prohibit entry of persons and property into the headquarters district and to prescribe the conditions under which persons may remain or reside there.
section 14
The Secretary-General and the appropriate American authorities shall, at the request of either of them, consult as to methods of facilitating entrance into the United States, and the use of available means of transportation, by persons coming from abroad who wish to visit the headquarters district and do not enjoy the rights referred to in this Article.
"Article V—Resident Representatives to the United Nations
section 15
(1) Every person designated by a Member as the principal resident representative to the United Nations of such Member or as a resident representative with the rank of ambassador or minister plenipotentiary,
(2) such resident members of their staffs as may be agreed upon between the Secretary-General, the Government of the United States and the Government of the Member concerned,
(3) every person designated by a Member of a specialized agency, as defined in Article 57, paragraph 2, of the Charter, as its principal resident representative, with the rank of ambassador or minister plenipotentiary, at the headquarters of such agency in the United States, and
(4) such other principal resident representatives of members to a specialized agency and such resident members of the staffs of representatives to a specialized agency as may be agreed upon between the principal executive officer of the specialized agency, the Government of the United States and the Government of the Member concerned, shall, whether residing inside or outside the headquarters district, be entitled in the territory of the United States to the same privileges and immunities, subject to corresponding conditions and obligations, as it accords to diplomatic envoys accredited to it. In the case of Members whose governments are not recognized by the United States, such privileges and immunities need be extended to such representatives, or persons on the staffs of such representatives, only within the headquarters district, at their residences and offices outside the district, in transit between the district and such residences and offices, and in transit on official business to or from foreign countries.
"Article VI—Police Protection of the Headquarters District
section 16
(a) The appropriate American authorities shall exercise due diligence to ensure that the tranquility of the headquarters district is not disturbed by the unauthorized entry of groups of persons from outside or by disturbances in its immediate vicinity and shall cause to be provided on the boundaries of the headquarters district such police protection as is required for these purposes.
(b) If so requested by the Secretary-General, the appropriate American authorities shall provide a sufficient number of police for the preservation of law and order in the headquarters district, and for the removal therefrom of persons as requested under the authority of the United Nations. The United Nations shall, if requested, enter into arrangements with the appropriate American authorities to reimburse them for the reasonable cost of such services.
"Article VII—Public Services and Protection of the Headquarters District
section 17
(a) The appropriate American authorities will exercise to the extent requested by the Secretary-General the powers which they possess with respect to the supplying of public services to ensure that the headquarters district shall be supplied on equitable terms with the necessary public services, including electricity, water, gas, post, telephone, telegraph, transportation, drainage, collection of refuse, fire protection, snow removal, et cetera. In case of any interruption or threatened interruption of any such services, the appropriate American authorities will consider the needs of the United Nations as being of equal importance with the similar needs of essential agencies of the Government of the United States, and will take steps accordingly, to ensure that the work of the United Nations is not prejudiced.
(b) Special provisions with reference to maintenance of utilities and underground construction are contained in Annex 2.
section 18
The appropriate American authorities shall take all reasonable steps to ensure that the amenities of the headquarters district are not prejudiced and the purposes for which the district is required are not obstructed by any use made of the land in the vicinity of the district. The United Nations shall on its part take all reasonable steps to ensure that the amenities of the land in the vicinity of the headquarters district are not prejudiced by any use made of the land in the headquarters district by the United Nations.
section 19
It is agreed that no form of racial or religious discrimination shall be permitted within the headquarters district.
"Article VIII—Matters Relating to the Operation of This Agreement
section 20
The Secretary-General and the appropriate American authorities shall settle by agreement the channels through which they will communicate regarding the application of the provisions of this agreement and other questions affecting the headquarters district, and may enter into such supplemental agreements as may be necessary to fulfill the purposes of this agreement. In making supplemental agreements with the Secretary-General, the United States shall consult with the appropriate state and local authorities. If the Secretary-General so requests, the Secretary of State of the United States shall appoint a special representative for the purpose of liaison with the Secretary-General.
section 21
(a) Any dispute between the United Nations and the United States concerning the interpretation or application of this agreement or of any supplemental agreement, which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to a tribunal of three arbitrators, one to be named by the Secretary-General, one to be named by the Secretary of State of the United States, and the third to be chosen by the two, or, if they should fail to agree upon a third, then by the President of the International Court of Justice.
(b) The Secretary-General or the United States may ask the General Assembly to request of the International Court of Justice an advisory opinion on any legal question arising in the course of such proceedings. Pending the receipt of the opinion of the Court, an interim decision of the arbitral tribunal shall be observed on both parties. Thereafter, the arbitral tribunal shall render a final decision, having regard to the opinion of the Court.
"Article IX—Miscellaneous Provisions
section 22
(a) The United Nations shall not dispose of all or any part of the land owned by it in the headquarters district without the consent of the United States. If the United States is unwilling to consent to a disposition which the United Nations wishes to make of all or any part of such land, the United States shall buy the same from the United Nations at a price to be determined as provided in paragraph (d) of this section.
(b) If the seat of the United Nations is removed from the headquarters district, all right, title and interest of the United Nations in and to real property in the headquarters district or any part of it shall, on request of either the United Nations or the United States, be assigned and conveyed to the United States. In the absence of such request, the same shall be assigned and conveyed to the subdivision of a state in which it is located or, if such subdivision shall not desire it, then to the state in which it is located. If none of the foregoing desires the same, it may be disposed of as provided in paragraph (a) of this section.
(c) If the United Nations disposes of all or any part of the headquarters district, the provisions of other sections of this agreement which apply to the headquarters district shall immediately cease to apply to the land and buildings so disposed of.
(d) The price to be paid for any conveyance under this section shall, in default of agreement, be the then fair value of the land, buildings and installations, to be determined under the procedure provided in Section 21.
section 23
The seat of the United Nations shall not be removed from the headquarters district unless the United Nations should so decide.
section 24
This agreement shall cease to be in force if the seat of the United Nations is removed from the territory of the United States, except for such provisions as may be applicable in connection with the orderly termination of the operations of the United Nations at its seat in the United States and the disposition of its property therein.
section 25
Wherever this agreement imposes obligations on the appropriate American authorities, the Government of the United States shall have the ultimate responsibility for the fulfillment of such obligations by the appropriate American authorities.
section 26
The provisions of this agreement shall be complementary to the provisions of the General Convention. In so far as any provision of this agreement and any provisions of the General Convention relate to the same subject matter, the two provisions shall, wherever possible, be treated as complementary, so that both provisions shall be applicable and neither shall narrow the effect of the other; but in any case of absolute conflict, the provisions of this agreement shall prevail.
section 27
This agreement shall be construed in the light of its primary purpose to enable the United Nations at its headquarters in the United States, fully and efficiently to discharge its responsibilities and fulfill its purposes.
section 28
This agreement shall be brought into effect by an exchange of notes between the Secretary-General, duly authorized pursuant to a resolution of the General Assembly of the United Nations, and the appropriate executive officer of the United States, duly authorized pursuant to appropriate action of the Congress.
In witness whereof the respective representatives have signed this Agreement and have affixed their seals hereto.
Done in duplicate, in the English and French languages, both authentic, at Lake Success the twenty-sixth day of June 1947.
For the Government of the United States of America:
G. C.
Secretary of State
For the United Nations:
Secretary-General
"Annex 1
The area referred to in Section 1(a)(1) consists of (a) the premises bounded on the East by the westerly side of Franklin D. Roosevelt Drive, on the West by the easterly side of First Avenue, on the North by the southerly side of East Forty-eighth Street, and on the South by the northerly side of East Forty-second Street, all as proposed to be widened, in the Borough of Manhattan, City and State of New York, and (b) an easement over Franklin D. Roosevelt Drive, above a lower limiting plane to be fixed for the construction and maintenance of an esplanade, together with the structures thereon and foundations and columns to support the same in locations below such limiting plane, the entire area to be more definitely defined by supplemental agreement between the United Nations and the United States of America.
"Annex 2—Maintenance of Utilities and Underground Construction
section 1
The Secretary-General agrees to provide passes to duly authorized employees of The City of New York, the State of New York, or any of their agencies or subdivisions, for the purpose of enabling them to inspect, repair, maintain, reconstruct and relocate utilities, conduits, mains and sewers within the headquarters district.
section 2
Underground constructions may be undertaken by The City of New York, or the State of New York, or any of their agencies or subdivisions, within the headquarters district only after consultation with the Secretary-General, and under conditions which shall not disturb the carrying out of the functions of the United Nations.
(a) The President of the United States, or any official or governmental agency authorized by the President, may acquire in the name of the United States any property or interest therein by purchase, donation, or other means of transfer, or may cause proceedings to be instituted for the acquisition of the same by condemnation.
(b) Upon the request of the President, or such officer as the President may designate, the Attorney General of the United States shall cause such condemnation or other proceedings to be instituted in the name of the United States in the district court of the United States for the district in which the property is situated and such court shall have full jurisdiction of such proceedings, and any condemnation proceedings shall be conducted in accordance with the Act of August 1, 1888 (25 Stat. 357), as amended [now 40 U.S.C. 3113] and the Act of February 26, 1931 (46 Stat. 1421), as amended [now 40 U.S.C. 3114–3116, 3118].
(c) After the institution of any such condemnation proceedings, possession of the property may be taken at any time the President, or such officer as he may designate, determines is necessary, and the court shall enter such orders as may be necessary to effect entry and occupancy of the property.
(d) The President of the United States, or any officer or governmental agency duly authorized by the President, may, in the name of the United States, transfer or convey possession of and title to any interest in any property acquired or held by the United States, pursuant to paragraph (a) above, to the United Nations on the terms provided in the agreement or in any supplemental agreement, and shall execute and deliver such conveyances and other instruments and perform such other acts in connection therewith as may be necessary to carry out the provisions of the agreement.
(e) There are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be required to enable the United States to carry out the undertakings hereby authorized: Provided, That any money appropriated under this authorization shall be spent only on a basis of reimbursement by the United Nations in accordance with section 3 of the agreement, and that the money thus reimbursed shall be deposited and covered into the Treasury of the United States as miscellaneous receipts.
UN Membership for Communist China
Pub. L. 91–472, title I, §105, Oct. 21, 1970, 84 Stat. 1044, provided that it was the sense of the Congress that the United Nations should not admit the Communist Chinese Government to membership as the representative of China. Similar provisions were contained in the following prior acts:
Dec. 24, 1969, Pub. L. 91–153, title I, §105, 83 Stat. 407.
Aug. 9, 1968, Pub. L. 90–470, title I, §105, 82 Stat. 672.
Nov. 8, 1967, Pub. L. 90–133, title I, §105, 81 Stat. 416.
Nov. 8, 1966, Pub. L. 89–797, title I, §105, 80 Stat. 1484.
Sept. 2, 1965, Pub. L. 89–164, title I, §105, 79 Stat. 625.
Aug. 31, 1964, Pub. L. 88–527, title I, §105, 78 Stat. 716.
Dec. 30, 1963, Pub. L. 88–245, title I, §105, 77 Stat. 781.
Oct. 18, 1962, Pub. L. 87–843, title I, §105, 76 Stat. 1085.
Sept. 21, 1961, Pub. L. 87–264, title I, §105, 75 Stat. 550.
Aug. 31, 1960, Pub. L. 86–678, title I, §105, 74 Stat. 561.
July 13, 1959, Pub. L. 86–84, title I, §105, 73 Stat. 186.
June 30, 1958, Pub. L. 85–474, title I, §105, 72 Stat. 249.
June 11, 1957, Pub. L. 85–49, title I, §105, 71 Stat. 60.
June 20, 1956, ch. 414, title I, §110, 70 Stat. 304.
July 7, 1955, ch. 279, title I, §110, 69 Stat. 270.
July 2, 1954, ch. 456, title I, §110, 68 Stat. 418.
Aug. 5, 1953, ch. 328, title I, §111, 67 Stat. 372.
Trusteeship Agreement Relating to Territory of the Pacific Islands
Act of July 18, 1947, ch. 271, 61 Stat. 397, authorized the President to approve the trusteeship agreement between the United States and the Security Council of the United Nations for the Territory of the Pacific Islands.
Executive Documents
Ex. Ord. No. 10108. Designation of U.S. Mission to United Nations
Ex. Ord. No. 10108, Feb. 9, 1950, 15 F.R. 757, provided:
By virtue of the authority vested in me by the United Nations Participation Act of 1945 (59 Stat. 619) [this subchapter], as amended by the act of October 10, 1949, 63 Stat. 734, and as President of the United States, it is hereby ordered as follows:
1. The Representative of the United States to the United Nations, the Deputy Representative of the United States to the United Nations, the Deputy Representative of the United States to the Security Council of the United Nations, representatives of the United States in the Economic and Social Council of the United Nations and its Commissions, representatives of the United States in the Trusteeship Council, the Atomic Energy Commission, the Commission for Conventional Armaments, and the Military Staff Committee of the United Nations, and representatives to organs and agencies of the United Nations appointed or designated and included within the United States Mission to the United Nations as herein designated, together with their deputies, staffs, and offices—shall constitute and be known as the United States Mission to the United Nations.
2. The Representative of the United States to the United Nations shall be the Chief of Mission in charge of the United States Mission to the United Nations. The Chief of Mission shall coordinate at the seat of the United Nations the activities of the Mission in carrying out the instructions of the President transmitted either by the Secretary of State or by other means of transmission as directed by the President. Instructions to the representatives of the United States Joint Chiefs of Staff in the Military Staff Committee of the United Nations shall be transmitted by the Joint Chiefs of Staff. On request of the Chief of Mission, such representatives shall, in addition to their responsibilities under the Charter of the United Nations, serve as advisers in the United States Mission to the United Nations.
3. The Chief of Mission shall be responsible for the administration of the Mission, including personnel, budget, obligation and expenditure of funds, and the central administrative services; provided that he shall not be responsible for the internal administration of the personnel, budget, and obligation and expenditure of funds of the representatives of the United States Joint Chiefs of Staff in the Military Staff Committee of the United Nations. The Chief of Mission shall discharge his responsibilities under this paragraph in accordance with such rules and regulations as the Secretary of State may from time to time prescribe.
4. The Deputy Representative of the United States to the United Nations shall be the Deputy Chief of Mission, who shall act as Chief of Mission in the absence of the Representative of the United States to the United Nations.
5. This order supersedes Executive Order No. 9844 of April 28, 1947, entitled "Designating the United States Mission to the United Nations and Providing for Its Direction and Administration."
Ex. Ord. No. 10422. Loyalty Procedures for Employees
Ex. Ord. No. 10422, Jan. 9, 1953, 18 F.R. 239, as amended by Ex. Ord. No. 10459, June 2, 1953, 18 F.R. 3183; Ex. Ord. No. 10763, Apr. 23, 1958, eff. July 1, 1958, 23 F.R. 2767; Ex. Ord. No. 11890, Dec. 10, 1975, 40 F.R. 57775; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
part i—investigation of united states citizens employed or being considered for employment on the secretariat of the united nations
1. Whenever the Secretary of State receives, from the Secretary General of the United Nations, the name of and other necessary identifying data concerning each United States citizen employed or being considered for employment by the United Nations, the Secretary of State shall, consistent with the Privacy Act of 1974 (5 U.S.C. 552a) and other applicable law, cause an investigation to be conducted as provided in paragraph 2 of this Part, or forward the information received from the Secretary General to the Office of Personnel Management, which shall conduct an investigation, consistent with the Privacy Act of 1974 (5 U.S.C. 552a) and other applicable law, as provided in paragraphs 3 and 4 of this Part.
2. With respect to all applicants for short term appointments which will not exceed six months and which are not appointments to United Nations Secretariat professional posts or posts subject to geographical distribution, the Secretary of State shall cause an investigation to be conducted, which investigation shall be limited to a search of the files of the Department of State. If the investigation reveals any derogatory information within the meaning of the standard set forth in Part II of this order, the information received from the Secretary General of the United Nations shall be forwarded to the Office of Personnel Management, which shall conduct an investigation.
3. (a) Whenever the Office of Personnel Management receives the information forwarded by the Secretary General to the Secretary of State, the Office of Personnel Management shall conduct a National Agency Check. Each National Agency Check shall include reference to the following: (1) Federal Bureau of Investigation files; (2) Office of Personnel Management files; (3) Military Intelligence files as appropriate; and (4) files of any other appropriate Government investigative or intelligence agency.
(b) If the investigation conducted by the Office of Personnel Management reveals that a favorable National Agency Check was previously completed, and the investigation conducted by the Office of Personnel Management has not disclosed any derogatory information within the meaning of the standard set forth in Part II of this order, completion of a new National Agency Check is not required if: (1) the applicant is or was previously employed by the same or another international organization without an immediately prior break in such service exceeding one year; (2) the applicant is or was a United States Government civilian or military employee, or a United States Government contract employee, without an immediately prior break in such employment exceeding one year; or (3) the applicant is transferred or detailed from an agency of the United States Government pursuant to the provisions of sections 3343, 3581, 3582, 3583, or 3584 of Title 5 of the United States Code.
4. Whenever information disclosed with respect to any person being investigated is derogatory, within the standard set forth in Part II of this order, the Office of Personnel Management shall forward such information to the Federal Bureau of Investigation, and the Bureau shall conduct a full field investigation of such persons.
5. Reports of full field investigations shall be forwarded through the Office of Personnel Management to the International Organizations Employees Loyalty Board, established by Part IV of this order and hereinafter referred to as the Board. Whenever such a report contains derogatory information, under the standard set forth in Part II of this order, there shall be made available to the person in question the procedures of the Board provided or authorized by Part IV of this order (including the opportunity of a hearing) for inquiring into the loyalty of the person as a United States citizen in accordance with the standard set forth in Part II of this order. The Board shall transmit its determinations, as advisory opinions, together with the reasons therefor stated in as much detail as the Board determines that security considerations permit, to the Secretary of State for transmission to the Secretary General of the United Nations for his use in exercising his rights and duties with respect to the personnel of the United Nations as set out in the Charter and in regulations and decisions of the competent organs of the United Nations.
6. At any stage during the investigation or Board proceeding, the Board may transmit to the Secretary of State, for forwarding to the Secretary General, in as much detail as the Board determines that security considerations permit, the derogatory information disclosed by investigation. This shall be for the purpose of assisting the Secretary General in determining whether or not he should take action with respect to the employee, or the person being considered for employment, prior to the completion of the procedures outlined in this order. The making available of any such information shall be without prejudice to the right of full hearing as provided for herein.
7. The Secretary of State shall notify the Secretary General in all cases in which no derogatory information has been developed.
part ii—standard
1. The standard to be used by the Board in making an advisory determination as provided for in paragraph 5 of Part I of this order with respect to a United States citizen who is an employee of, or is being considered for employment by, the United Nations, shall be whether or not on all the evidence there is a reasonable doubt as to the loyalty of the person involved to the Government of the United States.
2. Activities and associations of a United States citizen who is an employee or being considered for employment by the United Nations which may be considered in connection with the determination whether or not on all the evidence there is a reasonable doubt as to the loyalty of the person involved to the Government of the United States may include one or more of the following:
(a) Sabotage, espionage, or attempts or preparations therefor, or knowingly associating with spies or saboteurs.
(b) Treason or sedition or advocacy thereof.
(c) Advocacy of revolution or force or violence to alter the constitutional form of government of the United States.
(d) Intentional, unauthorized disclosure to any person, under circumstances which may indicate disloyalty to the United States, of United States documents or United States information of a confidential or non-public character obtained by the person making the disclosure as a result of his previous employment by the Government of the United States or otherwise.
(e) Performing or attempting to perform his duties, or otherwise acting, while an employee of the United States Government during a previous period, so as to serve the interests of another government in preference to the interests of the United States.
(f) Knowing membership with the specific intent of furthering the aims of, or adherence to and active participation in, any foreign or domestic organization, association, movement, group or combination of persons, which unlawfully advocates or practices the commission of acts of force or violence to prevent others from exercising their rights under the Constitution or laws of the United States, or of any State, or which seeks to overthrow the Government of the United States or any State or subdivision thereof by unlawful means.
part iii—other international organizations
The provisions of Parts I and II of this order shall be applicable to United States citizens who are employees of, or are being considered for employment by, other public international organizations of which the United States Government is a member, by arrangement between the executive head of the international organization concerned and the Secretary of State or other officer of the United States designated by the President.
part iv—international organizations employees loyalty board
1. There is hereby established in the Office of Personnel Management an International Organizations Employees Loyalty Board of not less than three impartial persons, the members of which shall be officers or employees of the Office.
2. The Board shall have authority in cases referred to it under this order to inquire into the loyalty to the Government of the United States of United States citizens employed, or considered for employment, by international organizations of which the United States is a member, and to make advisory determinations in such cases, under the standard set forth in Part II of this order, for transmission by the Secretary of State to the executive heads of the international organizations coming under the arrangements made pursuant to Parts I and III of this order.
3. The Board shall make necessary rules and regulations, not inconsistent with the provisions of this order, for the execution of its functions. There shall be included in such rules and regulations provisions for furnishing each person whose case is considered by the Board:
(a) A written statement of the alleged derogatory information, in as much detail as security considerations permit.
(b) An opportunity to answer or comment upon the statement of alleged derogatory information, in writing, and to submit affidavits.
(c) An opportunity for hearing before the Board, or a panel thereof of at least three members, including the right of the person to be represented by counsel, to present witnesses and other evidence in his behalf, and to cross-examine witnesses offered in support of the derogatory information: Provided, That the Board shall conduct its hearings in such manner as to protect from disclosure information affecting the national security.
4. Based upon all the evidence before it, including such confidential information as it may have in its possession, the Board shall make its determinations in writing, and shall send to each person who is the subject thereof a copy. In cases in which hearing or other action is by a panel of three members, the action or determination of the panel shall constitute the action or determination of the Board, except that rules and regulations pursuant to paragraph 3 of this Part shall be adopted by action of the Board as a whole.
5. Except as otherwise specified in this order, the Office of Personnel Management shall provide the necessary investigative and other services required by the Board. All agencies of the executive branch of the Government are authorized and directed to cooperate with the Board, and, to the extent permitted by law, to furnish the Board such information and assistance as it may require in the performance of its functions.
6. All cases arising under this order which are pending before the Regional Loyalty Boards and the Loyalty Review Board of the Commission on the effective date of Executive Order No. 10450 of April 27, 1953, shall on that date be transferred to the Board.
Delegation of Authority on Rates of Compensation for U.S. Representatives to the United Nations
Memorandum of President of the United States, Apr. 1, 1997, 62 F.R. 18261, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by the Constitution and laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of State the functions vested in the President by section 2(g) of the United Nations Participation Act of 1945 (Public Law 79–264, 22 U.S.C. 287(g)).
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§287a. Action by representatives in accordance with Presidential instructions; voting
The representatives provided for in section 287 of this title, when representing the United States in the respective organs and agencies of the United Nations, shall, at all times, act in accordance with the instructions of the President transmitted by the Secretary of State unless other means of transmission is directed by the President, and such representatives shall, in accordance with such instructions, cast any and all votes under the Charter of the United Nations.
(Dec. 20, 1945, ch. 583, §3, 59 Stat. 620.)
§287b. Reports to Congress by President
(a) Periodic reports
The President shall, from time to time as occasion may require, but not less than once each year, make reports to the Congress of the activities of the United Nations and of the participation of the United States therein.
(b) Annual report on financial contributions
Not later than July 1 of each year, the Secretary of State shall submit a report to the designated congressional committees on the extent and disposition of all financial contributions made by the United States during the preceding year to international organizations in which the United States participates as a member.
(c) Annual report
In addition to the report required by subsection (a), the President, at the time of submission of the annual budget request to the Congress, shall submit to the designated congressional committees a report that includes the following:
(1) Costs of peacekeeping operations
(A) A description of all assistance from the United States to the United Nations to support peacekeeping operations that—
(i) was provided during the previous fiscal year;
(ii) is expected to be provided during the fiscal year; or
(iii) is included in the annual budget request to Congress for the forthcoming fiscal year.
(B) With respect to United Nations peacekeeping operations—
(i) the aggregate cost of all United Nations peacekeeping operations for the prior fiscal year;
(ii) the costs of each United Nations peacekeeping operation for the prior fiscal year; and
(iii) the amount of United States contributions (both assessed and voluntary) to United Nations peacekeeping operations on an operation-by-operation basis for the prior fiscal year.
(C) With respect to other international peacekeeping operations in which the United States participates—
(i) the aggregate cost of all such operations for the prior fiscal year;
(ii) the costs of each such operation for the prior fiscal year; and
(iii) the amount of United States contributions (both assessed and voluntary) to such operations on an operation-by-operation basis for the prior fiscal year.
(D) For assessed or voluntary contributions described in subparagraph (B)(iii) or (C)(iii) that exceed $100,000 in value, including in-kind contributions—
(i) the total amount or estimated value of all such contributions to the United Nations and to each of its affiliated agencies and related bodies;
(ii) the nature and estimated total value of all in-kind contributions in support of United Nations peacekeeping operations and other international peacekeeping operations, including—
(I) logistics;
(II) airlift;
(III) arms and materiel;
(IV) nonmilitary technology and equipment;
(V) personnel; and
(VI) training;
(iii) the approximate percentage of all such contributions to the United Nations and to each such agency or body when compared with all contributions to the United Nations and to each such agency or body from any source; and
(iv) for each such United States Government contribution to the United Nations and to each such agency or body—
(I) the amount or value of the contribution;
(II) a description of the contribution, including whether it is an assessed or voluntary contribution;
(III) the purpose of the contribution;
(IV) the department or agency of the United States Government responsible for the contribution; and
(V) the United Nations or United Nations affiliated agency or related body that received the contribution.
(E) The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.
(2) Other matters regarding peacekeeping operations
(A) An assessment of the effectiveness of ongoing international peacekeeping operations, their relevance to United States national interests, the efforts by the United Nations and other international organizations (as applicable) to resolve the relevant armed conflicts, and the projected termination dates for all such operations.
(B) The dollar value and percentage of total peacekeeping contracts that have been awarded to United States contractors during the previous year.
(3) United Nations reform
(A)(i) A description of the status of efforts to establish and implement an independent office of the Inspector General at the United Nations.
(ii) If an office of the Inspector General has been established at the United Nations, a discussion of whether the Inspector General is keeping the Secretary General and the members of the General Assembly fully informed about problems, deficiencies, the necessity for corrective action, and the progress of corrective action.
(iii) For purposes of this subparagraph, the term "office of the Inspector General" means an independent office (or other independent entity) established by the United Nations to conduct and supervise objective audits, inspections, and investigations relating to the programs and operations of the United Nations.
(B) A description of the status of efforts to reduce the United States peacekeeping assessment rate.
(C) A description of the status of other United States efforts to achieve financial and management reform at the United Nations.
(4) Military personnel participating in multinational forces
A description of—
(A) the status under international law of members of multinational forces, including the legal status of such personnel if captured, missing, or detained;
(B) the extent of the risk for United States military personnel who are captured while participating in multinational forces in cases where their captors fail to respect the 1949 Geneva Conventions and other international agreements intended to protect prisoners of war; and
(C) the specific steps that have been taken to protect United States military personnel participating in multinational forces, together (if necessary) with any recommendations for the enactment of legislation to achieve that objective.
(5) Human rights and U.N. peacekeeping forces
A description of the efforts by United Nations peacekeeping forces to promote and protect internationally recognized human rights standards, including the status of investigations in any case of alleged human rights violations during the preceding year by personnel participating in United Nations peacekeeping forces, as well as any action taken in such cases.
(d) Consultations and reports on United Nations peacekeeping operations
(1) Consultations
Each month the President shall consult with Congress on the status of United Nations peacekeeping operations.
(2) Information to be provided
In connection with such consultations, the following information shall be provided each month to the designated congressional committees:
(A) With respect to ongoing United Nations peacekeeping operations, the following:
(i) A list of all resolutions of the United Nations Security Council anticipated to be voted on during such month that would extend or change the mandate of any United Nations peacekeeping operation.
(ii) For each such operation, any changes in the duration, mandate, and command and control arrangements that are anticipated as a result of the adoption of the resolution.
(iii) An estimate of the total cost to the United Nations of each such operation for the period covered by the resolution, and an estimate of the amount of that cost that will be assessed to the United States.
(iv) Any anticipated significant changes in United States participation in or support for each such operation during the period covered by the resolution (including the provision of facilities, training, transportation, communication, and logistical support, but not including intelligence activities reportable under title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.]), and the estimated costs to the United States of such changes.
(B) With respect to each new United Nations peacekeeping operation that is anticipated to be authorized by a Security Council resolution during such month, the following information for the period covered by the resolution:
(i) The anticipated duration, mandate, and command and control arrangements of such operation, the planned exit strategy, and the vital national interest to be served.
(ii) An estimate of the total cost to the United Nations of the operation, and an estimate of the amount of that cost that will be assessed to the United States.
(iii) A description of the functions that would be performed by any United States Armed Forces participating in or otherwise operating in support of the operation, an estimate of the number of members of the Armed Forces that will participate in or otherwise operate in support of the operation, and an estimate of the cost to the United States of such participation or support.
(iv) A description of any other United States assistance to or support for the operation (including the provision of facilities, training, transportation, communication, and logistical support, but not including intelligence activities reportable under title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.]), and an estimate of the cost to the United States of such assistance or support.
(v) A reprogramming of funds pursuant to section 2706 of this title, submitted in accordance with the procedures set forth in such section, describing the source of funds that will be used to pay for the cost of the new United Nations peacekeeping operation, provided that such notification shall also be submitted to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.
(3) Form and timing of information
(A) Form
The President shall submit information under clauses (i) and (iii) of paragraph (2)(A) in writing.
(B) Timing
(i) Ongoing operations
The information required under paragraph (2)(A) for a month shall be submitted not later than the 10th day of the month.
(ii) New operations
The information required under paragraph (2)(B) shall be submitted in writing with respect to each new United Nations peacekeeping operation not less than 15 days before the anticipated date of the vote on the resolution concerned unless the President determines that exceptional circumstances prevent compliance with the requirement to report 15 days in advance. If the President makes such a determination, the information required under paragraph (2)(B) shall be submitted as far in advance of the vote as is practicable.
(4) New United Nations peacekeeping operation defined
As used in paragraph (2), the term "new United Nations peacekeeping operation" includes any existing or otherwise ongoing United Nations peacekeeping operation—
(A) where the authorized force strength is to be expanded;
(B) that is to be authorized to operate in a country in which it was not previously authorized to operate; or
(C) the mandate of which is to be changed so that the operation would be engaged in significant additional or significantly different functions.
(5) Notification and quarterly reports regarding United States assistance
(A) Notification of certain assistance
(i) In general
The President shall notify the designated congressional committees at least 15 days before the United States provides any assistance to the United Nations to support peacekeeping operations.
(ii) Exception
This subparagraph does not apply to—
(I) assistance having a value of less than $3,000,000 in the case of nonreimbursable assistance or less than $14,000,000 in the case of reimbursable assistance; or
(II) assistance provided under the emergency drawdown authority of sections 2318(a)(1) and 2348a(c)(2) of this title.
(B) Annual report
The President shall submit an annual report to the designated congressional committees on all assistance provided by the United States during the preceding calendar year to the United Nations to support peacekeeping operations. Each such report shall describe the assistance provided for each such operation, listed by category of assistance.
(e) Designated congressional committees
In this section, the term "designated congressional committees" means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives.
(f) Relationship to other notification requirements
Nothing in this section is intended to alter or supersede any notification requirement with respect to peacekeeping operations that is established under any other provision of law.
(Dec. 20, 1945, ch. 583, §4, 59 Stat. 620; Pub. L. 103–236, title IV, §§406, 407(b), Apr. 30, 1994, 108 Stat. 448, 450; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §724(a)(1), (2), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-465, 1501A-467; Pub. L. 107–228, div. A, title IV, §405(a), Sept. 30, 2002, 116 Stat. 1390; Pub. L. 114–323, title III, §306(a), Dec. 16, 2016, 130 Stat. 1920.)
Editorial Notes
References in Text
The National Security Act of 1947, referred to in subsec. (d)(2)(A)(iv), (B)(iv), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§3001 et seq.) of Title 50. Title V of the Act is now classified generally to subchapter III (§3091 et seq.) of chapter 44 of Title 50. For complete classification of this Act to the Code, see Tables.
Codification
Another subsec. (a)(2) of section 724 of Pub. L. 106–113, div. B, §1000(a)(7), repealed section 407(a) of Pub. L. 103–236, formerly set out as a note below.
Amendments
2016—Subsec. (c)(1)(A). Pub. L. 114–323, §306(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "In accordance with section 407(a)(5)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, a description of all assistance provided by the United States to the United Nations to support peacekeeping operations during the previous calendar quarter and during the previous year."
Subsec. (c)(1)(D). Pub. L. 114–323, §306(a)(2), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "In the case of the first 2 reports submitted pursuant to this subsection, a projection of all United States costs for United Nations peacekeeping operations during each of the next 2 fiscal years, including assessed and voluntary contributions."
Subsec. (c)(1)(E). Pub. L. 114–323, §306(a)(3), added subpar. (E).
2002—Subsec. (b). Pub. L. 107–228, §405(a)(1), (2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "Not later than 3 days (excluding Saturdays, Sundays, and legal holidays) after adoption of any resolution by the Security Council, the Secretary of State shall transmit the text of such resolution and any supporting documentation to the designated congressional committees."
Subsecs. (c), (d). Pub. L. 107–228, §405(a)(1), (4), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out heading and text of former subsec. (c). Text read as follows: "The Secretary of State shall promptly transmit to the designated congressional committees any published report prepared by the United Nations and distributed to the members of the Security Council that contains assessments of any proposed, ongoing, or concluded United Nations peacekeeping operation."
Subsec. (e). Pub. L. 107–228, §405(a)(4), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (e)(5)(B). Pub. L. 107–228, §405(a)(3), added subpar. (B) and struck out former subpar. (B) which related to quarterly reports.
Subsecs. (f), (g). Pub. L. 107–228, §405(a)(4), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
1999—Subsec. (a). Pub. L. 106–113, §1000(a)(7) [title VII, §724(a)(1)], struck out at end "He shall make special current reports on decisions of the Security Council to take enforcement measures under the provisions of the Charter of the United Nations, and on the participation therein under his instructions, of the representative of the United States."
Subsecs. (e) to (g). Pub. L. 106–113, §1000(a)(7) [title VII, §724(a)(2), (b)], added subsecs. (e) to (g) and struck out heading and text of former subsec. (e). Text read as follows: "As used in this section, the term 'designated congressional committees' has the meaning given that term by section 415 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995."
1994—Pub. L. 103–236 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (e).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to reporting to Congress not less than once each year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 39 of House Document No. 103–7.
Public Availability of Information
Pub. L. 114–323, title III, §306(b), Dec. 16, 2016, 130 Stat. 1921, provided that: "Not later than 14 days after submitting each report under section 4(c) of the United Nations Participation Act of 1945 (22 U.S.C. 287b(c)), the Director of the Office of Management and Budget shall post a text-based, searchable version of any unclassified information described in paragraph (1)(D) of such section (as amended by subsection (a) of this section) on a publicly available website."
Consultations and Reports on United Nations Peacekeeping Operations
Pub. L. 103–236, title IV, §407(a), Apr. 30, 1994, 108 Stat. 448, directed President to consult monthly with Congress on status of United Nations peacekeeping operations, to provide certain information to designated congressional committees on a monthly or interim basis, to notify such committees at least 15 days before the United States would provide assistance to the United Nations to support peacekeeping assistance, and to submit quarterly reports on all such assistance, prior to repeal by Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §724(a)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-467. See subsec. (e) of this section.
Designated Congressional Committees
Pub. L. 103–236, title IV, §415, Apr. 30, 1994, 108 Stat. 456, provided that: "For purposes of this part [part A (§§401 to 415) of title IV of Pub. L. 103–236, enacting section 2321n of this title, amending this section, enacting provisions set out as notes under this section and section 287e of this title, and amending provisions set out as notes under section 287e of this title], the term 'designated congressional committees' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives."
Report on Policies Pursued by Other Countries in International Organizations
Pub. L. 98–164, title I, §117, Nov. 22, 1983, 97 Stat. 1022, as amended by Pub. L. 100–204, title VII, §707, Dec. 22, 1987, 101 Stat. 1390, directed Secretary of State to transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, by Jan. 31 of each year, a report regarding policies which each member country of United Nations pursued in international organizations of which United States was a member, prior to repeal by Pub. L. 103–236, title I, §139(27), Apr. 30, 1994, 108 Stat. 399.
Executive Documents
Delegation of Functions
For delegation of congressional reporting functions of President under this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, 46074, set out as a note under section 301 of Title 3, The President.
§287b–1. Additional report on other United States contributions to the United Nations
(a) In general
Not later than 90 days after December 16, 2016, and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress a report on all assessed and voluntary contributions with a value greater than $100,000, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year.
(b) Content
The report required under subsection (a) shall include the following elements:
(1) The total amount of all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year.
(2) The approximate percentage of United States Government contributions to each United Nations affiliated agency or body in such fiscal year when compared with all contributions to each such agency or body from any source in such fiscal year.
(3) For each such United States Government contribution—
(A) the amount of each such contribution;
(B) a description of each such contribution (including whether assessed or voluntary);
(C) the department or agency of the United States Government responsible for each such contribution;
(D) the purpose of each such contribution; and
(E) the United Nations or its affiliated agency or related body receiving the contribution.
(c) Scope of initial report
The first report required under subsection (a) shall include the information required under this section for the previous 3 fiscal years.
(d) Public availability of information
Not later than 14 days after submitting a report required under subsection (a), the Director of the Office of Management and Budget shall post a public version of such report on a text-based, searchable, and publicly available Internet Web site.
(Pub. L. 114–323, title III, §312, Dec. 16, 2016, 130 Stat. 1925.)
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which comprises this subchapter.
§287c. Economic and communication sanctions pursuant to United Nations Security Council Resolution
(a) Enforcement measures; importation of Rhodesian chromium
Notwithstanding the provisions of any other law, whenever the United States is called upon by the Security Council to apply measures which said Council has decided, pursuant to article 41 of said Charter, are to be employed to give effect to its decisions under said Charter, the President may, to the extent necessary to apply such measures, through any agency which he may designate, and under such orders, rules, and regulations as may be prescribed by him, investigate, regulate, or prohibit, in whole or in part, economic relations or rail, sea, air, postal, telegraphic, radio, and other means of communication between any foreign country or any national thereof or any person therein and the United States or any person subject to the jurisdiction thereof, or involving any property subject to the jurisdiction of the United States. Any Executive order which is issued under this subsection and which applies measures against Southern Rhodesia pursuant to any United Nations Security Council Resolution may be enforced, notwithstanding the provisions of any other law. The President may exempt from such Executive order any shipment of chromium in any form which is in transit to the United States on March 18, 1977.
(b) Penalties
Any person who willfully violates or evades or attempts to violate or evade any order, rule, or regulation issued by the President pursuant to subsection (a) of this section shall, upon conviction, be fined not more than $1,000,000 or, if a natural person, be imprisoned for not more than 20 years, or both.
(c) Steel mill products containing chromium; certificate of origin; regulations; subpenas; certificate exemption; release from customs custody; definitions
(1) During the period in which measures are applied against Southern Rhodesia under subsection (a) pursuant to any United Nations Security Council Resolution, a shipment of any steel mill product (as such product may be defined by the Secretary) containing chromium in any form may not be released from customs custody for entry into the United States if—
(A) a certificate of origin with respect to such shipment has not been filed with the Secretary; or
(B) in the case of a shipment with respect to which a certificate of origin has been filed with the Secretary, the Secretary determines that the information contained in such certificate does not adequately establish that the steel mill product in such shipment does not contain chromium in any form which is of Southern Rhodesian origin;
unless such release is authorized by the Secretary under paragraph (3)(B) or (C).
(2) The Secretary shall prescribe regulations for carrying out this subsection.
(3)(A) In carrying out this subsection, the Secretary may issue subpenas requiring the attendance and testimony of witnesses and the production of evidence. Any such subpena may, upon application by the Secretary, be enforced in a civil action in an appropriate United States district court.
(B) The Secretary may exempt from the certification requirements of this subsection any shipment of a steel mill product containing chromium in any form which is in transit to the United States on March 18, 1977.
(C) Under such circumstances as he deems appropriate, the Secretary may release from customs custody for entry into the United States, under such bond as he may require, any shipment of a steel mill product containing chromium in any form.
(4) As used in this subsection—
(A) the term "certificate of origin" means such certificate as the Secretary may require, with respect to a shipment of any steel mill product containing chromium in any form, issued by the government (or by a designee of such government if the Secretary is satisfied that such designee is the highest available certifying authority) of the country in which such steel mill product was produced certifying that the steel mill product in such shipment contains no chromium in any form which is of Southern Rhodesian origin; and
(B) the term "Secretary" means the Secretary of the Treasury.
(Dec. 20, 1945, ch. 583, §5, 59 Stat. 620; Oct. 10, 1949, ch. 660, §3, 63 Stat. 735; Pub. L. 95–12, §1, Mar. 18, 1977, 91 Stat. 22; Pub. L. 111–195, title I, §107(a)(1), July 1, 2010, 124 Stat. 1337.)
Editorial Notes
References in Text
Article 41 of said Charter, referred to in subsec. (a), is an article of the United Nations Charter.
Amendments
2010—Subsec. (b). Pub. L. 111–195 substituted "fined not more than $1,000,000" for "find not more than $10,000" and "20 years, or both." for "ten years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation or evasion shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, or vehicle, or aircraft, concerned in such violation shall be forfeited to the United States."
1977—Subsec. (a). Pub. L. 95–12, §1(1), inserted provision permitting enforcement of any Executive order, issued under this subsection, applying measures against Southern Rhodesia and permitting Presidential exemption from that Executive order of any shipment of chromium in transit to the United States on Mar. 18, 1977.
Subsec. (c). Pub. L. 95–12, §1(2), added subsec. (c).
1949—Subsec. (b). Act Oct. 10, 1949, made aircraft subject to forfeiture.
Statutory Notes and Related Subsidiaries
Importation of Strategic and Critical Materials From Zimbabwe-Rhodesia
Pub. L. 96–107, title VIII, §818, Nov. 9, 1979, 93 Stat. 818, provided that: "It is the sense of the Congress that the United States should have unlimited access to strategic and critical materials which are vital to the defense and security of the United States and that every effort should be made to remove artificial impediments against the importation of such materials into the United States from Zimbabwe-Rhodesia."
Sanctions Against Zimbabwe-Rhodesia; Report to Congress
Pub. L. 96–60, title IV, §408, Aug. 15, 1979, 93 Stat. 405, provided for termination of sanctions against Zimbabwe-Rhodesia by Nov. 15, 1979, unless the President determined and reported to Congress that termination of sanctions would not be in the national interest, with provision authorizing Congress to reject such Presidential determination, prior to repeal by Pub. L. 97–241, title V, §505(a)(1), Aug. 24, 1982, 96 Stat. 298.
Determinations Respecting Future Enforcement of Sanctions Against Rhodesia
Pub. L. 95–384, §27, Sept. 26, 1978, 92 Stat. 746, which related to enforcement of sanctions against Rhodesia, was repealed by Pub. L. 97–113, title VII, §734(a)(12), Dec. 29, 1981, 95 Stat. 1560.
Suspension of Amendment Operation by President; Report to Congress
Pub. L. 95–12, §2, Mar. 18, 1977, 91 Stat. 23, provided that:
"(a) Upon the enactment of this Act [Mar. 18, 1977], the President may suspend the operation of the amendments contained in this Act [amending this section] if he determines that such suspension would encourage meaningful negotiations and further the peaceful transfer of governing power from minority rule to majority rule in Southern Rhodesia. Such suspension shall remain in effect for such duration as deemed necessary by the President.
"(b) If the President suspends the operation of the amendments contained in this Act [amending this section], he shall so report to the Congress. In addition, the President shall report to the Congress when he terminates such suspension.
"(c) If the President suspends the operation of the amendments contained in this Act [amending this section], any reference in those amendments to date of enactment [Mar. 18, 1977] shall be deemed to be a reference to the date on which such suspension is terminated by the President."
Executive Documents
Executive Order No. 11322
Ex. Ord. No. 11322, Jan. 5, 1967, 32 F.R. 119, which related to transactions involving Southern Rhodesia, was revoked by Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, set out below.
Executive Order No. 11419
Ex. Ord. No. 11419, July 29, 1968, 33 F.R. 10837, which related to trade and other transactions involving Southern Rhodesia, was revoked by Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, set out below.
Ex. Ord. No. 12183. Revoking Rhodesian Sanctions
Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and in order to terminate current limitations relating to trade and other transactions involving Zimbabwe-Rhodesia, it is hereby ordered as follows:
1–101. (a) Subject to the provisions of this order, the following are hereby revoked with respect to transactions occurring after the effective date of this order:
(1) Executive Order 11322 of January 5, 1967 (32 F.R. 119);
(2) Executive Order 11419 of July 29, 1968 (33 F.R. 10837); and
(3) Executive Order 11978 of March 18, 1977 (42 F.R. 15403).
(b) To the extent consistent with this order, all determinations, authorizations, regulations, rulings, certificates, orders, directives, licenses, contracts, agreements, and other actions made, issued, taken, or entered into under the provisions of such Executive orders and not previously revoked, superseded, or otherwise made inapplicable, shall continue in full force and effect until amended, modified, or terminated by appropriate authority.
1–102. (a) The Secretaries of State, the Treasury, Commerce, and Transportation, and the heads of other government agencies, shall retain the authority and responsibility for the enforcement of Executive Orders 11322, 11419, and 11978 with respect to transactions occurring prior to the effective date of this order.
(b) The revocation, in Section 1–101 of this order, of such prior Executive orders shall not affect:
(1) any act done or omitted to be done or any suit or proceeding finished or started in civil or criminal cases prior to the revocation, but all such liabilities, penalties, and forfeitures under the Executive orders shall continue and may be enforced in the same manner as if the revocation had not been made; or
(2) any violation of any rules, regulations, orders, licenses, or other forms of administrative action under those revoked orders during the periods those orders were in effect.
1–103. (a) The Secretaries of State, the Treasury, Commerce, and Transportation, and the heads of other government agencies, shall take the appropriate measures to implement this order.
(b) In carrying out their respective functions and responsibilities under this order, the Secretaries of the Treasury, Commerce, and Transportation, and the heads of other government agencies, shall, as appropriate, consult with the Secretary of State. Each such Secretary and agency head and the Secretary of State shall also consult with other government agencies and private persons, as appropriate.
Jimmy Carter.
Ex. Ord. No. 12918. Prohibiting Certain Transactions With Respect to Rwanda and Delegating Authority With Respect to Other United Nations Arms Embargoes
Ex. Ord. No. 12918, May 26, 1994, 59 F.R. 28205, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c), the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.) [now 50 U.S.C. 4601 et seq.], the Arms Export Control Act (22 U.S.C. 2751 et seq.), and section 301 of title 3, United States Code, and in view of United Nations Security Council Resolution 918 of May 17, 1994, it is hereby ordered as follows:
(b) Any willful evasion or attempt to violate or evade any of the prohibitions set forth in this order, by any person.
(b) "United States person" means any citizen or national of the United States, any lawful permanent resident of the United States, or any corporation, business association, partnership, society, trust, or any other entity, organization or group, including governmental entities, organized under the laws of the United States (including foreign branches).
(b) The Secretary of Commerce, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by section 5 of the United Nations Participation Act [of 1945] and other authorities available to the Secretary of Commerce, as may be necessary to carry out the purpose of this order, relating to arms and related materiel identified in the Export Administration Regulations (15 C.F.R. Parts 730–799). The Secretary of Commerce may redelegate any of these functions to other officers and agencies of the United States Government.
William J. Clinton.
§287d. Use of armed forces; limitations
The President is authorized to negotiate a special agreement or agreements with the Security Council which shall be subject to the approval of the Congress by appropriate Act or joint resolution, providing for the numbers and types of armed forces, their degree of readiness and general location, and the nature of facilities and assistance, including rights of passage, to be made available to the Security Council on its call for the purpose of maintaining international peace and security in accordance with article 43 of said Charter. The President shall not be deemed to require the authorization of the Congress to make available to the Security Council on its call in order to take action under article 42 of said Charter and pursuant to such special agreement or agreements the armed forces, facilities, or assistance provided for therein: Provided, That, except as authorized in section 287d–1 of this title, nothing herein contained shall be construed as an authorization to the President by the Congress to make available to the Security Council for such purpose armed forces, facilities, or assistance in addition to the forces, facilities, and assistance provided for in such special agreement or agreements.
(Dec. 20, 1945, ch. 583, §6, 59 Stat. 621; Oct. 10, 1949, ch. 660, §4, 63 Stat. 735.)
Editorial Notes
References in Text
Article 43 of said Charter and article 42 of said Charter, referred to in text, are articles of the United Nations Charter.
Herein, referred to in text, means act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which is classified generally to this subchapter (§287 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 287 of this title and Tables.
Amendments
1949—Act Oct. 10, 1949, inserted ", except as authorized in section 287d–1 of this title," in proviso.
§287d–1. Noncombatant assistance to United Nations
(a) Armed forces details; supplies and equipment; obligation of funds; procurement and replacement of requested items
Notwithstanding the provisions of any other law, the President, upon the request by the United Nations for cooperative action, and to the extent that he finds that it is consistent with the national interest to comply with such request, may authorize, in support of such activities of the United Nations as are specifically directed to the peaceful settlement of disputes and not involving the employment of armed forces contemplated by chapter VII of the United Nations Charter—
(1) the detail to the United Nations, under such terms and conditions as the President shall determine, of personnel of the armed forces of the United States to serve as observers, guards, or in any non-combatant capacity, but in no event shall more than a total of one thousand of such personnel be so detailed at any one time: Provided, That while so detailed, such personnel shall be considered for all purposes as acting in the line of duty, including the receipt of pay and allowances as personnel of the armed forces of the United States, credit for longevity and retirement, and all other perquisites appertaining to such duty: Provided further, That upon authorization or approval by the President, such personnel may accept directly from the United Nations (a) any or all of the allowances or perquisites to which they are entitled under the first proviso hereof, and (b) extraordinary expenses and perquisites incident to such detail;
(2) the furnishing of facilities, services, or other assistance and the loan of the agreed fair share of the United States of any supplies and equipment to the United Nations by the Department of Defense, under such terms and conditions as the President shall determine;
(3) the obligation, insofar as necessary to carry out the purposes of clauses (1) and (2) of this subsection, of any funds appropriated to the Department of Defense or any department therein, the procurement of such personnel, supplies, equipment, facilities, services, or other assistance as may be made available in accordance with the request of the United Nations, and the replacement of such items, when necessary, where they are furnished from stocks.
(b) Reimbursement from United Nations; waiver of reimbursement
Whenever personnel or assistance is made available pursuant to the authority contained in subsection (a)(1) and (2) of this section, the President shall require reimbursement from the United Nations for the expense thereby incurred by the United States: Provided, That in exceptional circumstances, or when the President finds it to be in the national interest, he may waive, in whole or in part, the requirement of such reimbursement: Provided further, That when any such reimbursement is made, it shall be credited, at the option of the appropriate department of the Department of Defense, either to the appropriation, fund, or account utilized in incurring the obligation, or to an appropriate appropriation, fund, or account currently available for the purposes for which expenditures were made.
(c) Additional appropriation authorizations
In addition to the authorization of appropriations to the Department of State contained in section 287e of this title, there is hereby authorized to be appropriated to the Department of Defense, or any department therein, such sums as may be necessary to reimburse such departments in the event that reimbursement from the United Nations is waived in whole or in part pursuant to authority contained in subsection (b) of this section.
(d) Disclosure of information
Nothing in this subchapter shall authorize the disclosure of any information or knowledge in any case in which such disclosure is prohibited by any other law of the United States.
(Dec. 20, 1945, ch. 583, §7, as added Oct. 10, 1949, ch. 660, §5, 63 Stat. 735; amended Aug. 10, 1949, ch. 412, §12(a), 63 Stat. 591.)
Statutory Notes and Related Subsidiaries
Change of Name
National Military Establishment changed to Department of Defense by act Aug. 10, 1049.
Executive Documents
Ex. Ord. No. 10206. Support of Peaceful Settlement of Disputes
Ex. Ord. No. 10206, Jan. 19, 1951, 16 F.R. 529, provided:
By virtue of the authority vested in me by the Constitution and the statutes, including the United Nations Participation Act of 1945 (59 Stat. 619), as amended [this subchapter], hereinafter referred to as the Act, and the act of August 8, 1950 (Public Law 673, 81st Congress) [sections 301 to 303 of Title 3, The President], and as President of the United States, it is hereby ordered as follows:
1. The Secretary of State, upon the request by the United Nations for cooperative action, and to the extent that he finds that it is consistent with the national interest to comply with such request, is authorized, in support of such activities of the United Nations as are specifically directed to the peaceful settlement of disputes and not involving the employment of armed forces contemplated by Chapter VII of the United Nations Charter, to request the Secretary of Defense to detail personnel of the armed forces to the United Nations, and to furnish facilities, services, or other assistance and to loan supplies and equipment to the United Nations in an agreed fair share of the United States under such terms and conditions as the Secretary of State and the Secretary of Defense shall jointly determine and in accordance with and subject to the provisions of paragraphs (1), (2), and (3) of section 7(a) of the Act [subsection (a)(1), (2) and (3) of this section], and the Secretary of Defense is authorized to comply with the request of the Secretary of State, giving due regard to the requirements of the national defense.
2. The Secretary of State, in accordance with and subject to the provisions of section 7(b) of the Act [subsection (b) of this section], shall require reimbursement from the United Nations for the expense thereby incurred by the United States whenever personnel or assistance is made available to the United Nations, except that in exceptional circumstances, or when the Secretary of State finds it to be in the national interest, he may, after consultation with the Secretary of Defense, waive, in whole or in part, the requirement of such reimbursement.
3. The Secretary of Defense, in accordance with and subject to the provisions of section 7(a)(1) of the Act [subsection (a)(1) of this section], may authorize personnel of the armed forces detailed to the United Nations to accept directly from the United Nations (a) any or all of the allowances or perquisites to which they are entitled under the first proviso of section 7(a)(1) of the Act [subsection (a)(1) of this section], and (b) extraordinary expenses and perquisites incident to such detail.
Harry S Truman.
§287e. Authorization of appropriations; payment of expenses
There is hereby authorized to be appropriated annually to the Department of State, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for the payment by the United States of its share of the expenses of the United Nations as apportioned by the General Assembly in accordance with article 17 of the Charter, and for all necessary salaries and expenses of the representatives provided for in section 287 of this title, and of their appropriate staffs, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5; travel expenses without regard to the Standardized Government Travel Regulations, as amended, subchapter I of chapter 57 and section 5731 of title 5 and, under such rules and regulations as the Secretary of State may prescribe, travel expenses of families and transportation of effects of United States representatives and other personnel in going to and returning from their post of duty; allowances for living quarters, including heat, fuel, and light, as authorized by section 5912 of title 5; cost-of-living allowances for personnel stationed abroad under such rules and regulations as the Secretary of State may prescribe; communications services; stenographic reporting, translating, and other services, by contract; hire of passenger motor vehicles and other local transportation; rent of offices; printing and binding without regard to section 501 of title 44; allowances and expenses as provided in section 287r of this title, and allowances and expenses equivalent to those provided in section 4085 of this title; the lease or rental (for periods not exceeding ten years) of living quarters for the use of the representatives provided for in section 287 of this title serving abroad and of their appropriate staffs the cost of installation and use of telephones in the same manner as telephone service is provided for use of the Foreign Service pursuant to section 1348 of title 31, and unusual expenses similar to those authorized by section 5913 of title 5, incident to the operation and maintenance of such living quarters abroad; and such other expenses as may be authorized by the Secretary of State; all without regard to section 6101 of title 41.
(Dec. 20, 1945, ch. 583, §8, formerly §7, 59 Stat. 621, renumbered and amended Oct. 10, 1949, ch. 660, §6, 63 Stat. 736; Oct. 28, 1949, ch. 782, title II, §202(2), title XI, §1106(a), 63 Stat. 954, 972; Pub. L. 86–707, title III, §311(b), Sept. 6, 1960, 74 Stat. 797; Pub. L. 96–465, title II, §2206(a)(2)(B), Oct. 17, 1980, 94 Stat. 2161; Pub. L. 97–241, title I, §119, Aug. 24, 1982, 96 Stat. 280; Pub. L. 100–459, title III, §304(a), Oct. 1, 1988, 102 Stat. 2207.)
Editorial Notes
References in Text
Article 17 of the Charter, referred to in text, is article 17 of the United Nations Charter.
Codification
In text, "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act of 1949" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5, Government Organization and Employees.
In text, "subchapter I of chapter 57 and section 5731 of title 5" substituted for "the Travel Expense Act of 1949, and section 10 of the Act of March 3, 1933, as amended [5 U.S.C. 73b]" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5.
In text, "section 5912 of title 5" and "section 5913 of title 5" substituted for "the Act approved June 26, 1930 (5 U.S.C. 118a)" and "section 22 of the Administrative Expenses Act of 1946, as amended by section 311 of the Overseas Differentials and Allowances Act [5 U.S.C. 3039]", respectively, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5.
In text, "section 501 of title 44" substituted for "section 11 of the Act of March 1, 1919 (44 U.S.C. 111)" on authority of Pub. L. 90–620, §2(b), Oct. 22, 1968, 82 Stat. 1305, which Act enacted Title 44, Public Printing and Documents.
In text, "section 1348 of title 31" substituted for "the Act of August 23, 1912, as amended (31 U.S.C. 679)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance.
In text, "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1988—Pub. L. 100–459 inserted "serving abroad" after "use of the representatives provided for in section 287 of this title", inserted "abroad" after "such living quarters" and struck out at end "Any payments made by United States Government personnel for occupancy by them of living quarters leased or rented under this section shall be credited to the appropriation, fund, or account utilized by the Secretary of State for such lease or rental or to the appropriation, fund, or account currently available for such purpose."
1982—Pub. L. 97–241 substituted "use of the representatives provided for in section 287 of this title and of their appropriate staffs" for "use of the representative of the United States to the United Nations referred to in subsection (a) of section 287 of this title" and inserted provision that payments made by United States Government personnel for occupancy of living quarters leased or rented be credited to the appropriation, fund, or account utilized for such lease or rental or to the appropriation, fund, or account currently available for such purpose.
1980—Pub. L. 96–465 substituted reference to section 4085 of this title for reference to section 1131 of this title.
1960—Pub. L. 86–707 substituted "and unusual expenses similar to those authorized by section 5913 of title 5, incident to the operation and maintenance of such living quarters" for "and the allotment of funds, similar to the allotment authorized by section 1132 of this title, for unusual expenses incident to the operation and maintenance of such living quarters, to be accounted for in accordance with section 1133 of this title."
1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Act Oct. 10, 1949, which renumbered section as section 8 of act Dec. 20, 1945, from section 7, authorized lease or rental, for periods not to exceed 10 years, of a residence for our representative to the United Nations, and clarified references to the civil service and classification laws, subsistence allowances, and travel expense.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–459 effective July 1, 1989, see section 304(c)(1) of Pub. L. 100–459, set out as an Effective Date of 1988 Amendment; Transition Provisions note under section 287e–1 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
Taxation of Internet or International Currency Transactions
Pub. L. 107–77, title IV, §404, Nov. 28, 2001, 115 Stat. 789, provided that: "Hereafter, none of the funds appropriated or otherwise made available for the United Nations may be used by the United Nations for the promulgation or enforcement of any treaty, resolution, or regulation authorizing the United Nations, or any of its specialized agencies or affiliated organizations, to tax any aspect of the Internet or international currency transactions."
Similar provisions were contained in the following appropriation acts:
Pub. L. 106–553, §1(a)(2) [title IV, §405], Dec. 21, 2000, 114 Stat. 2762, 2762A-96.
Pub. L. 106–113, div. B, §1000(a)(1) [title IV, §406], Nov. 29, 1999, 113 Stat. 1535, 1501A-45.
Refund of Excess Contributions
Pub. L. 107–228, div. A, title I, §113(e), Sept. 30, 2002, 116 Stat. 1359, provided that: "The United States shall continue to insist that the United Nations and its specialized and affiliated agencies shall credit or refund to each member of the organization or agency concerned its proportionate share of the amount by which the total contributions to the organization or agency exceed the expenditures of the regular assessed budget of the organization or agency."
Similar provisions were contained in the following prior authorization act:
Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title I, §106(g)], Nov. 29, 1999, 113 Stat. 1536, 1501A-416.
Reduction in Appropriations for Contributions to International Organizations If Official Status, Accreditation, or Recognition Is Granted to Organization Seeking Legalization of Pedophilia
Pub. L. 103–236, title I, §102(g), Apr. 30, 1994, 108 Stat. 389, as amended by Pub. L. 103–415, §1(o), Oct. 25, 1994, 108 Stat. 4301, which provided that funds authorized to be appropriated for the United Nations and its affiliated agencies were to be reduced in a certain amount for fiscal year 1995 and each year thereafter until the President certified to the Speaker of the House of Representatives and the President of the Senate that no United Nations agency or United Nations affiliated agency granted any official status, accreditation, or recognition to any organization seeking the legalization of pedophilia, was repealed by Pub. L. 117–263, div. I, title XCVII, §9716(d), Dec. 23, 2022, 136 Stat. 3921.
Membership of Palestine Liberation Organization in United Nations Agencies
Pub. L. 101–246, title IV, §414, Feb. 16, 1990, 104 Stat. 70, provided that:
"(a)
"(b)
Probable Exemptions to United Nations Employee Hiring Freeze
Pub. L. 100–204, title VII, §701, Dec. 22, 1987, 101 Stat. 1383, as amended by Pub. L. 102–138, title I, §163, Oct. 28, 1991, 105 Stat. 676, provided that:
"(a)
"(1) In April 1986, the Secretary-General of the United Nations adopted a freeze on the hiring of personnel within the United Nations Secretariat.
"(2) The conditions of the freeze were such that, as the terms of office for the personnel expired, replacements would not be recruited or hired to fill the vacant positions, with minor exceptions.
"(3) The freeze was designed to reduce United Nations personnel by 15 percent over three years, as recommended by the Group of High-Level Intergovernmental Experts to Review the Efficiency of the Administrative and Financial Functioning of the United Nations (commonly referred to as the 'Group of 18 Experts').
"(4) On May 5, 1987, the Secretary-General reported to the Department of State that he was considering granting 156 exceptions to the hiring freeze.
"(5) Of these 156 probable exceptions, 104 would be Soviet and Soviet-bloc nationals currently employed in the United Nations Secretariat—of 298 Soviet and Soviet-bloc nationals currently employed in the United Nations Secretariat—who would be replaced over the next 18 months.
"(6) According to a report from the Select Committee on Intelligence of the Senate on 'Soviet Presence in the United Nations Secretariat' (Senate Print 99–52, May 1985), approximately one-fourth of the Soviets in the United Nations Secretariat are intelligence officers, many more are co-opted by the Soviet intelligence agencies, and all Soviets in the United Nations Secretariat must respond to KGB requests for assistance.
"(7) Other United States intelligence authorities estimate that as many as one-half of the Soviet and Soviet-bloc nationals in the United Nations Secretariat are officers of the KGB or the GRU.
"(8) If the Secretary-General's probable exemptions are adopted, the Soviet Union will be allowed to replace retiring Soviet and Soviet-bloc personnel with new, highly skilled and well-trained intelligence officers of the KGB or the GRU.
"(9) The Secretary-General's proposed exceptions would thus provide the Soviet Union with the capability to rebuild its intelligence apparatus within the United States, which was devastated in recent years when the United States ordered severe reductions in the size of the Soviet mission to the United Nations, the Soviet Embassy in Washington, District of Columbia, and the Soviet Consulate in San Francisco, California.
"(10) Article 100 of the United Nations Charter calls for the establishment of an international civil service whose members are neutral and loyal only to the United Nations.
"(11) Section 3 of Article 101 of the United Nations Charter calls for the appointment of individuals who are professionally qualified for the positions they are to fill and maintains that due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.
"(12) As of September 1985, 442 of 446 Soviet nationals employed throughout the United Nations system are 'seconded', that is, serve on short, fixed-term contracts.
"(13) Through the abuse of short, fixed-term contracts, the Soviet Union has maintained undue influence and control over major offices of the United Nations Secretariat, thereby effectively using the United Nations Secretariat in the conduct of its foreign relations, in clear violation of Articles 100 and 101 of the United Nations Charter.
"(14) The Secretary-General's proposed exceptions to the hiring freeze (as described in paragraphs (1) through (5)) would continue the gross violations of Articles 100 and 101 of the United Nations Charter described in paragraph (13).
"(15) The Secretary-General's proposed exceptions to such hiring freeze would be clearly inconsistent with the terms of the United Nation's self-imposed reform program.
"(16) The United Nations has not yet achieved its reform goals and there is no indication that the United Nations can afford to make such large exceptions to such hiring freeze.
"(b)
"(1) the President should take all such actions necessary to ensure compliance with the hiring freeze rule, including withholding all assessed United States contributions to the United Nations, and denying United States entry visas to Soviet and Soviet-bloc applicants coming to the United States to replace Soviet and Soviet-bloc nationals currently serving in the United Nations Secretariat;
"(2) the President, through the Department of State and the United States mission to the United Nations, should express to the Secretary-General of the United Nations the insistence of the American people that the hiring freeze continue indefinitely, or until the United Nations has complied with the Group of 18 recommendations and can thus afford to make exceptions to the freeze;
"(3) the Secretary-General should revoke all exceptions to the hiring freeze rule, excepting those member-nations which have 15 or fewer nationals serving in the United Nations Secretariat, or those positions not subject to geographical representation, such as those of the general service category;
"(4) the long-term, flagrant violations of Articles 100 and 101 of the United Nations Charter and the abuse of secondment by the Soviet Union and Soviet-bloc member-nations are reprehensible;
"(5) the United Nations should adopt the recommendations of the Group of 18 (as referred to in subsection (a)(3)) that no member-nation be allowed to have more than 50 percent of its nationals employed under fixed-term contracts;
"(6) the Soviet Union is hereby condemned for—
"(A) its refusal to adhere to the principles of the United Nations Charter calling for an international civil service,
"(B) its abuse of secondment, and
"(C) its absolute disregard of the solemn purpose of the United Nations to be an international civil service; and
"(7) if the Soviet Union and the Soviet-bloc intend to remain member-nations of the United Nations, they should adhere to Articles 100, 101, and all other principles of the United Nations Charter to which every other member-nation must adhere.
"(c)
Housing Allowances of International Civil Servants
Pub. L. 100–204, title VII, §703, Dec. 22, 1987, 101 Stat. 1389, provided that:
"(a)
"(b)
Reform in Budget Decision-Making Procedures of United Nations and its Specialized Agencies
Pub. L. 103–236, title IV, §409(a)–(d), Apr. 30, 1994, 108 Stat. 454, as amended by Pub. L. 107–228, div. A, title IV, §405(b)(2), Sept. 30, 2002, 116 Stat. 1391, provided that:
"(a)
"(b)
"(c)
"[(d) Repealed. Pub. L. 107–228, div. A, title IV, §405(b)(2), Sept. 30, 2002, 116 Stat. 1391.]"
[Functions of President under section 409 of Pub. L. 103–236, set out above, delegated to Secretary of State by Memorandum of President of the United States, July 26, 1994, 59 F.R. 40205, set out as a note under section 2370a of this title.]
Similar provisions were contained in the following prior authorization act:
Pub. L. 102–138, title I, §162(a)–(d), Oct. 28, 1991, 105 Stat. 675; repealed by Pub. L. 103–236, title I, §139(21), title IV, §409(e), Apr. 30, 1994, 108 Stat. 399, 454, as amended by Pub. L. 103–415, §1(aa), Oct. 25, 1994, 108 Stat. 4302.
Pub. L. 101–246, title IV, §405, Feb. 16, 1990, 104 Stat. 65, provided that progress had been made in formulation and implementation of budget reforms by United Nations and its specialized agencies but that limitation on United States assessed contributions would continue until President made specific determinations on continued implementation of decisionmaking procedures on budget matters, elimination of abuse of secondment in United Nations Secretariat, and reduction in staff of United Nations Secretariat, prior to repeal by Pub. L. 102–138, title I, §162(e), Oct. 28, 1991, 105 Stat. 676.
Pub. L. 99–93, title I, §143, Aug. 16, 1985, 99 Stat. 424, as amended by Pub. L. 100–204, title VII, §702(b), Dec. 22, 1987, 101 Stat. 1386, provided for limitation on assessed contributions of United States until reform in budget decisionmaking procedures of United Nations and its specialized agencies had been formulated and implemented as determined by President and reported to Congress, prior to repeal by Pub. L. 102–138, title I, §162(e), Oct. 28, 1991, 105 Stat. 676.
Employees of the United Nations
Pub. L. 99–93, title I, §151, Aug. 16, 1985, 99 Stat. 428, provided that:
"(a)
"(b)
"(c)
"(d)
Restrictions Relating to the Palestine Liberation Organization and the South West Africa People's Organization
Pub. L. 98–164, title I, §114, Nov. 22, 1983, 97 Stat. 1020, as amended by Pub. L. 99–93, title I, §144, Aug. 16, 1985, 99 Stat. 424; Pub. L. 100–204, title VII, §705, Dec. 22, 1987, 101 Stat. 1390, provided that:
"(a) Funds appropriated for any fiscal year for the Department of State for 'International Organizations and Conferences' may not be used for payment by the United States, as its contribution toward the assessed budget of the United Nations for any year, of any amount which would cause the total amount paid by the United States as its assessed contribution for that year to exceed the amount assessed as the United States contribution for that year less—
"(1) 25 per centum of the amount budgeted for that year for the Committee on the Exercise for the Inalienable Rights of the Palestinian People (or any similar successor entity); and
"(2) 25 per centum of the amount budgeted for that year for the Special Unit on Palestinian Rights (or any similar successor entity);
"(3) 25 percent of the amount budgeted for that year for the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories (or any similar successor entity);
"(4) 25 per centum of the amount budgeted for that year for projects whose primary purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it or to the South West Africa People's Organization;
"(5) 25 percent of the amount budgeted for that year for the Second Decade to Combat Racism and Racial Discrimination;
"(6) 25 percent of the amount budgeted for any other United Nations agency or conference whose sole or partial purpose is to implement the provisions of General Assembly Resolution 33/79; and
"(7) 25 percent of the amount budgeted for the General Assembly-approved $73,500,000 conference center to be constructed for the Economic Commission for Africa (ECA) in the Ethiopian capital of Addis Ababa.
"(b) Funds appropriated for any fiscal year for the Department of State for 'International Organizations and Conferences' may not be used for payment by the United States, as its contribution toward the assessed budget of any specialized agency of the United Nations for any year, of any amount which would cause the total amount paid by the United States as its assessed contribution for that year to exceed the amount assessed as the United States contribution for that year less 25 per centum of the amount budgeted by such agency for that year for projects whose primary purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it or to the South West Africa People's Organization.
"(c) The President shall annually review the budgets of the United Nations and its specialized agencies to determine which projects have the primary purpose of providing benefits to the Palestine Liberation Organization or to the South West Africa People's Organization. The President shall report to the Congress on any such project for which a portion of the United States assessed contribution is withheld and the amount withheld.
"(d) Subsections (a)(3) and (b) shall not be construed as limiting United States contributions to the United Nations or its specialized agencies for projects whose primary purpose is to provide humanitarian, educational, developmental, and other nonpolitical benefits."
Annual Review for Projects Providing Political Benefits to Palestine Liberation Organization; Report to Congress on Withholding of Assessed Contribution
Pub. L. 97–241, title I, §104(c), Aug. 24, 1982, 96 Stat. 274, provided that: "The President shall annually review the budgets of the United Nations and its specialized agencies to determine which projects have the primary purpose of providing political benefit to the Palestine Liberation Organization. The President shall report to the Congress on any such project for which a portion of the United States assessed contribution is withheld and the amount withheld."
[Functions of the President under section 104(c) of Pub. L. 97–241, set out as a note above, delegated to the Secretary of State, see Ex. Ord. No. 12374, July 28, 1982, 47 F.R. 32903, as amended by Ex. Ord. No. 12408, Feb. 23, 1983, 48 F.R. 8035.]
Limit on Payments to United Nations and Affiliated Agencies
Pub. L. 103–236, title IV, §404(b)(1), (2), Apr. 30, 1994, 108 Stat. 447, as amended by Pub. L. 107–228, div. A, title IV, §402(a), Sept. 30, 2002, 116 Stat. 1388; Pub. L. 110–161, div. J, title I, §113, Dec. 26, 2007, 121 Stat. 2288; Pub. L. 111–8, div. H, title VII, §7051, Mar. 11, 2009, 123 Stat. 893; Pub. L. 111–117, div. F, title VII, §7051, Dec. 16, 2009, 123 Stat. 3378, provided that:
"(1)
"(2)
"(A)
"(B)
"(i) For assessments made during calendar year 2001, 28.15 percent.
"(ii) For assessments made during calendar year 2002, 27.90 percent.
"(iii) For assessments made during calendar year 2003, 27.40 percent.
"(iv) For assessments made during calendar year 2004, 27.40 percent.
"(v) For assessments made during each of the calendar years 2005, 2006, 2007, 2008, and 2009, 27.1 percent.
"(vi) For assessments made during calendar year 2010, 27.3 percent."
[Pub. L. 108–447, div. B, title IV, §411, Dec. 8, 2004, 118 Stat. 2905, provided that during fiscal year 2005, section 404(b)(2)(B) of Pub. L. 103–236, set out above, would be administered as though the final clause read as follows:
["(v) For assessments made during calendar year 2005, 27.1 percent."]
Pub. L. 103–236, title IV, §410, Apr. 30, 1994, 108 Stat. 454, provided that: "The United States shall not make any voluntary or assessed contribution—
"(1) to any affiliated organization of the United Nations which grants full membership as a state to any organization or group that does not have the internationally recognized attributes of statehood, or
"(2) to the United Nations, if the United Nations grants full membership as a state in the United Nations to any organization or group that does not have the internationally recognized attributes of statehood,
during any period in which such membership is effective."
Pub. L. 92–544, title I, §101, Oct. 25, 1972, 86 Stat. 1110, as amended by Pub. L. 94–141, title II, §203, Nov. 29, 1975, 89 Stat. 762; Pub. L. 103–236, title IV, §404(b)(3), Apr. 30, 1994, 108 Stat. 447; Pub. L. 107–228, div. A, title IV, §402(b), Sept. 30, 2002, 116 Stat. 1389, provided that: "Subject to section 404(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 [Pub. L. 103–236] (22 U.S.C. 287e note), after December 31, 1973, no appropriation is authorized and no payment shall be made to the United Nations or any affiliated agency in excess of 25 per centum of the total annual assessment of such organization. Subject to section 404(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note), appropriations are authorized and contributions and payments may be made to the following organizations and activities notwithstanding that such contributions and payments are in excess of 25 per centum of the total annual assessment of the respective organization or 331/3 per centum of the budget for the respective activity: the International Atomic Energy Agency, the joint financing program of the International Civil Aviation Organization, and contributions for international peacekeeping activities conducted by or under the auspices of the United Nations or through multilateral agreements."
United States Assessed Contribution to the United Nations
Pub. L. 92–226, pt. IV, §410, Feb. 7, 1972, 86 Stat. 36, provided that: "The Congress strongly urges the President to undertake such negotiations as may be necessary to implement that portion of the recommendations of the Report of the President's Commission for the Observance of the Twenty-fifth Anniversary of the United Nations (known as the 'Lodge Commission') which proposes that the portion of the regular assessed costs to be paid by the United States to the United Nations be reduced so that the United States is assessed in each year not more than 25 per centum of such costs assessed all members of the United Nations for that year."
§287e–1. Housing supplement for certain employees assigned to the United States Mission to the United Nations
The Secretary of State may, under such regulations as he shall prescribe, and notwithstanding section 3324(a) and (b) of title 31 and section 5536 of title 5:
(1) Make available to the Representative of the United States to the United Nations and the Deputy Permanent Representative of the United States to the United Nations living quarters leased or rented by the United States (for periods not exceeding ten years) and allowances for unusual expenses incident to the operation and maintenance of such living quarters similar to those and to be considered for all purposes as authorized by section 5913 of title 5.
(2) Make available in New York to no more than 41 foreign service employees of the staff of the United States Mission to the United Nations, other representatives, and no more than two employees who serve at the pleasure of the Representative, living quarters leased or rented by the United States (for periods not exceeding ten years). The number of employees to which such quarters will be made available shall be determined by the Secretary and shall reflect a significant reduction over the number of persons eligible for housing benefits as of October 1, 1988. No employee may occupy a unit under this provision if the unit is owned by the employee. The Secretary shall require that each employee occupying housing under this subsection contribute to the Department of State a percentage of his or her base salary, in an amount to be determined by the Secretary of State, toward the cost of such housing. The Secretary may reduce such payments to the extent of income taxes paid on the value of the leased or rented quarters any payments made by employees to the Department of State for occupancy by them of living quarters leased or rented under this section shall be credited to the appropriation, fund, or account utilized by the Secretary of State for such lease or rental or to the appropriation, fund, or account currently available for such purpose.
(3) provide 1 such allowance as the Secretary considers appropriate, to each Delegate and Alternate Delegate of the United States to any session of the General Assembly of the United Nations who is not a permanent member of the staff of the United States Mission to the United Nations, in order to compensate each such Delegate or Alternate Delegate for necessary housing and subsistence expenses incurred by him with respect to attending any such session.
(4) The Inspector General shall review the program established by this section no later than December 1989 and periodically thereafter with a view to increasing cost savings and making other appropriate recommendations.
(Dec. 20, 1945, ch. 583, §9, as added Pub. L. 93–126, §15, Oct. 18, 1973, 87 Stat. 454; amended Pub. L. 98–164, title II, §215, Nov. 22, 1983, 97 Stat. 1035; Pub. L. 100–459, title III, §304(b), Oct. 1, 1988, 102 Stat. 2207; Pub. L. 106–309, title IV, §405, Oct. 17, 2000, 114 Stat. 1098; Pub. L. 117–263, div. I, title XCVII, §9702, Dec. 23, 2022, 136 Stat. 3914.)
Editorial Notes
Codification
"Section 3324(a) and (b) of title 31" substituted in introductory text for "section 3648 of the Revised Statutes (31 U.S.C. 3324)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
"Section 5913 of title 5" substituted in par. (1) for "section 22 of the Administrative Expenses Act of 1946, as amended by section 311 of the Overseas Differentials and Allowances Act" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments
2022—Par. (2). Pub. L. 117–263 substituted "41" for "30".
2000—Par. (2). Pub. L. 106–309 substituted "30 foreign service employees" for "18 foreign service employees".
1988—Pub. L. 100–459, §304(b)(1), (3), substituted reference to Secretary of State for reference to President in introductory provisions and struck out last sentence providing that not more than fifty employees, including not more than five employees of the United Stated Information Agency, could receive an allowance under par. (1) of this section at any one time.
Par. (1). Pub. L. 100–459, §304(b)(1), (3), added par. (1) and struck out former par. (1) which read as follows: "grant any employee of the staff of the United States Mission to the United Nations designated by the Secretary of State, and any employee of the United States Information Agency designated by the Director of that Agency, who is required because of important representational responsibilities to live in the extraordinarily high-rent area immediately surrounding the headquarters of the United Nations in New York, New York, an allowance to compensate for the portion of expenses necessarily incurred by the employee for quarters and utilities which exceed the average of such expenses necessarily incurred by the employee for quarters and utilities which exceed the average of such expenses incurred by typical, permanent residents of the Metropolitan New York, New York, area with comparable salary and family size who are not compelled by reason of their employment to live in such high-rent area; and".
Pars. (2) to (4). Pub. L. 100–459, §304(b)(2), (3), added par. (2), redesignated former par. (2) as (3) and substituted "Secretary" for "President", and added par. (4).
1983—Pub. L. 98–164, §215(2), inserted limitation of five United States Information Agency employees, and substituted "fifty" for "forty-five".
Par. (1). Pub. L. 98–164, §215(1), inserted provisions relating to applicability to United States Information Agency employees.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment; Transition Provisions
Pub. L. 100–459, title III, §304(c), Oct. 1, 1988, 102 Stat. 2208, provided that:
"(1) Provisions set forth in this section [amending this section and section 287e of this title] shall be effective July 1, 1989.
"(2) In the event that taxes paid by an employee on the benefit provided under subsection (2) of section 9 [22 U.S.C. 287e–1(2)] exceed the contribution amount computed as a percentage of base salary under that subsection, the Department of State may reimburse the employee up to the amount of such differential for the period from the date of enactment of this Act [Oct. 1, 1988] through July 1, 1989."
Executive Documents
Delegation of Functions
Authority of President under this section delegated to Secretary of State, see section 4(b) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, as amended by Ex. Ord. No. 11779, Apr. 22, 1974, 39 F.R. 14185, set out as a note under section 301 of Title 3, The President.
1 So in original. Probably should be capitalized.
§287e–2. Reimbursement for goods and services provided by the United States to the United Nations
(a) Requirement to obtain reimbursement
(1) In general
Except as provided in paragraph (2), the President shall seek and obtain in a timely fashion a commitment from the United Nations to provide reimbursement to the United States from the United Nations whenever the United States Government furnishes assistance pursuant to the provisions of law described in subsection (c)—
(A) to the United Nations when the assistance is designed to facilitate or assist in carrying out an assessed peacekeeping operation;
(B) for any United Nations peacekeeping operation that is authorized by the United Nations Security Council under Chapter VI or Chapter VII of the United Nations Charter and paid for by peacekeeping or regular budget assessment of the United Nations members; or
(C) to any country participating in any operation authorized by the United Nations Security Council under Chapter VI or Chapter VII of the United Nations Charter and paid for by peacekeeping assessments of United Nations members when the assistance is designed to facilitate or assist the participation of that country in the operation.
(2) Exceptions
(A) In general
The requirement in paragraph (1) shall not apply to—
(i) goods and services provided to the United States Armed Forces;
(ii) assistance having a value of less than $3,000,000 per fiscal year per operation;
(iii) assistance furnished before November 29, 1999;
(iv) salaries and expenses of civilian police and other civilian and military monitors where United Nations policy is to require payment by contributing members for similar assistance to United Nations peacekeeping operations; or
(v) any assistance commitment made before November 29, 1999.
(B) Deployments of United States military forces
The requirements of subsection (d)(1)(B) shall not apply to the deployment of United States military forces when the President determines that such deployment is important to the security interests of the United States. The cost of such deployment shall be included in the data provided under section 2348d of this title.
(3) Form and amount
(A) Amount
The amount of any reimbursement under this subsection shall be determined at the usual rate established by the United Nations.
(B) Form
Reimbursement under this subsection may include credits against the United States assessed contributions for United Nations peacekeeping operations, if the expenses incurred by any United States department or agency providing the assistance have first been reimbursed.
(b) Treatment of reimbursements
(1) Credit
The amount of any reimbursement paid the United States under subsection (a) shall be credited to the current applicable appropriation, fund, or account of the United States department or agency providing the assistance for which the reimbursement is paid.
(2) Availability
Amounts credited under paragraph (1) shall be merged with the appropriations, or with appropriations in the fund or account, to which credited and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged.
(c) Covered assistance
Subsection (a) applies to assistance provided under the following provisions of law:
(1) Sections 287d and 287d–1 of this title.
(2) Sections 2261, 2318(a)(1), 2321j, 2348a(c), and 2357 of this title.
(3) Any other provisions of law pursuant to which assistance is provided by the United States to carry out the mandate of an assessed United Nations peacekeeping operation.
(d) Waiver
(1) Authority
(A) In general
The President may authorize the furnishing of assistance covered by this section without regard to subsection (a) if the President determines, and so notifies in writing the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives, that to do so is important to the security interests of the United States.
(B) Congressional notification
When exercising the authorities of subparagraph (A), the President shall notify the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.
(2) Congressional review
Notwithstanding a notice under paragraph (1) with respect to assistance covered by this section, subsection (a) shall apply to the furnishing of the assistance if, not later than 15 calendar days after receipt of a notification under that paragraph, the Congress enacts a joint resolution disapproving the determination of the President contained in the notification.
(3) Senate procedures
Any joint resolution described in paragraph (2) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(e) Relationship to other reimbursement authority
Nothing in this section shall preclude the President from seeking reimbursement for assistance covered by this section that is in addition to the reimbursement sought for the assistance under subsection (a).
(f) Definition
In this section, the term "assistance" includes personnel, services, supplies, equipment, facilities, and other assistance if such assistance is provided by the Department of Defense or any other United States Government agency.
(Dec. 20, 1945, ch. 583, §10, as added Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title VII, §723], Nov. 29, 1999, 113 Stat. 1536, 1501A-463.)
Editorial Notes
References in Text
Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (d)(3), is section 601(b) of Pub. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§287e–3. Limitation on the United States share of assessments for United Nations regular budget
None of the funds available to the Department of State shall be used to pay the United States share of assessed contributions for the regular budget of the United Nations in an amount greater than 22 percent of the total of all assessed contributions for that budget.
(Dec. 20, 1945, ch. 583, §11, as added Pub. L. 107–228, div. A, title IV, §403, Sept. 30, 2002, 116 Stat. 1389.)
§287e–4. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council
None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this subchapter may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council.
(Dec. 20, 1945, ch. 583, §12, as added Pub. L. 117–263, div. I, title XCVII, §9703, Dec. 23, 2022, 136 Stat. 3914.)
§287f. Omitted
Editorial Notes
Codification
Section, act Oct. 22, 1951, ch. 533, title I, 65 Stat. 577, which authorized the Department of State to acquire surplus property for the United Nations and authorized the reduction of the United States contribution to the United Nations by the value of the property acquired and expenses incidental thereto, was from the Department of State Appropriation Act, 1952, and was not repeated in subsequent appropriation acts. Similar provisions were contained in act Sept. 6, 1950, ch. 896, ch. III, title I, 64 Stat. 610.
§287g. Authorization of appropriations for loan to United Nations; restrictions on use of proceeds of loan
There is hereby authorized to be appropriated to the President, without fiscal-year limitation, out of any money in the Treasury not otherwise appropriated, $100,000,000 for a loan to the United Nations. The proceeds of such loan shall not be used to relieve members of the United Nations of their obligation to pay arrearages on payments of any United Nations assessments, and shall not be used to reduce regular or special assessments against any such members.
(Pub. L. 87–731, §1, Oct. 2, 1962, 76 Stat. 695.)
Editorial Notes
Codification
Section was not enacted as part of act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which comprises this subchapter.
§287h. Limitation on loan
The total amount of money that may be loaned to the United Nations pursuant to the authorization contained in section 287g of this title shall not exceed the aggregate amount of loans made by other nations.
(Pub. L. 87–731, §2, Oct. 2, 1962, 76 Stat. 695.)
Editorial Notes
Codification
Section was not enacted as part of act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which comprises this subchapter.
§287i. Deduction of principal and interest from annual payment of assessed share of United States of budget
There shall be deducted from the annual payment of the assessed share of the United States of the budget of the United Nations an amount equal to the corresponding annual installment of principal and interest due to the United States on account of the loan made pursuant to section 287g of this title.
(Pub. L. 87–731, §3, Oct. 2, 1962, 76 Stat. 696.)
Editorial Notes
Codification
Section was not enacted as part of act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which comprises this subchapter.
§287j. Participation in future United Nations borrowing; promotion of pattern of financing to avoid future large-scale deficits; report to Congress
Nothing herein shall be regarded as authorizing the United States to participate in any future United Nations borrowing. It is the sense of the Congress that the United States shall use its best efforts to promote a pattern of United Nations financing (including a vigorous program for collection of delinquencies on annual assessments of nations and maintenance of such annual assessments on a current basis) that will avoid any future large-scale deficits.
(Pub. L. 87–731, §4, Oct. 2, 1962, 76 Stat. 696.)
Editorial Notes
Codification
Section originally contained a provision instructing the Department of State to submit to the Congress, not later than Jan. 31, 1963, a report on steps taken in the 17th Session of the General Assembly of the United Nations on long term financing of the United Nations which was omitted.
Section was not enacted as part of act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which comprises this subchapter.
§287k. Congressional expression of satisfaction that expenditures relating to operations in Middle East and in the Congo are "expenses of the Organization"
The Congress expresses its satisfaction that the International Court of Justice has decided that the expenditures authorized in resolutions of the United Nations General Assembly relating to operations in the Middle East and in the Congo are "expenses of the Organization" within the meaning of the United Nations Charter, thereby providing a sound basis for obtaining prompt payment of assessments for such expenditures by making them obligations of all members of the United Nations.
(Pub. L. 87–731, §5, Oct. 2, 1962, 76 Stat. 696.)
Editorial Notes
Codification
Section was not enacted as part of act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which comprises this subchapter.
§287l. Congressional declaration that United Nations take steps to give effect to advisory opinion of International Court of Justice on financial obligations of members
It is the sense of the Congress that the United Nations should take immediate steps to give effect to the advisory opinion of the International Court of Justice on the financial obligations of members of the United Nations in order to assure prompt payment of all assessments, including assessments to cover the cost of operations to maintain or restore international peace and security.
(Pub. L. 87–731, §6, Oct. 2, 1962, 76 Stat. 696.)
Editorial Notes
Codification
Section was not enacted as part of act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which comprises this subchapter.
SUBCHAPTER XVII—UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND CULTURAL ORGANIZATION
§287m. Acceptance of membership by the United States
The President is hereby authorized to accept membership for the United States in the United Nations Educational, Scientific, and Cultural Organization (hereinafter referred to as the "Organization"), the constitution of which was approved in London on November 16, 1945, by the United Nations Conference for the establishment of an Educational, Scientific, and Cultural Organization, and deposited in the Archives of the Government of the United Kingdom.
(July 30, 1946, ch. 700, §1, 60 Stat. 712.)
Statutory Notes and Related Subsidiaries
Constitution of the United Nations Educational, Scientific, and Cultural Organization
the governments of the states parties to this constitution on behalf of their peoples declare
that since wars begin in the minds of men, it is in the minds of men that the defences of peace must be constructed;
that ignorance of each other's ways and lives has been a common cause, throughout the history of mankind, of that suspicion and mistrust between the peoples of the world through which their differences have all too often broken into war;
that the great and terrible war which has now ended was a war made possible by the denial of the democratic principles of the dignity, equality and mutual respect of men, and by the propagation, in their place, through ignorance and prejudice, of the doctrine of the inequality of men and races;
that the wide diffusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of man and constitute a sacred duty which all the nations must fulfill in a spirit of mutual assistance and concern;
that a peace based exclusively upon the political and economic arrangements of governments would not be a peace which could secure the unanimous, lasting and sincere support of the peoples of the world, and that the peace must therefore be founded, if it is not to fail, upon the intellectual and moral solidarity of mankind.
for these reasons,
the States parties to this Constitution, believing in full and equal opportunities for education for all, in the unrestricted pursuit of objective truth, and in the free exchange of ideas and knowledge, are agreed and determined to develop and to increase the means of communication between their peoples and to employ these means for the purposes of mutual understanding and a truer and more perfect knowledge of each other's lives;
in consequence whereof
they do hereby create the United Nations Educational, Scientific and Cultural Organisation for the purpose of advancing, through the educational and scientific and cultural relations of the peoples of the world, the objectives of international peace and of the common welfare of mankind for which the United Nations Organisation was established and which its Charter proclaims.
article i.
Purposes and Functions
1. The purpose of the Organisation is to contribute to peace and security by promoting collaboration among the nations through education, science, and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are affirmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations.
2. To realise this purpose the Organisation will:
(a) collaborate in the work of advancing the mutual knowledge and understanding of peoples, through all means of mass communication and to that end recommend such international agreements as may be necessary to promote the free flow of ideas by word and image;
(b) give fresh impulse to popular education and to the spread of culture;
by collaborating with Members, at their request, in the development of educational activities; by instituting collaboration among the nations to advance the ideal of equality of educational opportunity without regard to race, sex or any distinctions, economic or social;
by suggesting educational methods best suited to prepare the children of the world for the responsibilities of freedom;
(c) maintain, increase and diffuse knowledge;
by assuring the conservation and protection of the world's inheritance of books, works of art and monuments of history and science, and recommending to the nations concerned the necessary international conventions;
by encouraging cooperation among the nations in all branches of intellectual activity, including the international exchange of persons active in the fields of education, science and culture and the exchange of publications, objects of artistic and scientific interest and other materials of information;
by initiating methods of international cooperation calculated to give the people of all countries access to the printed and published materials produced by any of them.
3. With a view to preserving the independence, integrity and fruitful diversity of the cultures and educational systems of the States Members of this Organisation, the Organisation is prohibited from intervening in matters which are essentially within their domestic jurisdiction.
article ii.
Membership
1. Membership of the United Nations Organisation shall carry with it the right to membership of the United Nations Educational, Scientific and Cultural Organisation.
2. Subject to the conditions of the agreement between this Organisation and the United Nations Organisation, approved pursuant to Article X of this Constitution, States not members of the United Nations Organisation may be admitted to membership of the Organisation, upon recommendation of the Executive Board, by a two-thirds majority vote of the General Conference.
3. Members of the Organisation which are suspended from the exercise of the rights and privileges of membership of the United Nations Organisation shall, upon the request of the latter, be suspended from the rights and privileges of this Organisation.
4. Members of the Organisation which are expelled from the United Nations Organisation shall automatically cease to be members of this Organisation.
article iii.
Organs
The Organisation shall include a General Conference, an Executive Board and a Secretariat.
article iv.
The General Conference
A. Composition.
1. The General Conference shall consist of the representatives of the States Members of the Organisation. The Government of each Member State shall appoint not more than five delegates, who shall be selected after consultation with the National Commission, if established, or with educational, scientific and cultural bodies.
B. Functions
2. The General Conference shall determine the policies and the main lines of work of the Organisation. It shall take decisions on programmes drawn up by the Executive Board.
3. The General Conference shall, when it deems it desirable, summon international conferences on education, the sciences and humanities and the dissemination of knowledge.
4. The General Conference shall, in adopting proposals for submission to the Member States, distinguish between recommendations and international conventions submitted for their approval. In the former case a majority vote shall suffice; in the latter case a two-thirds majority shall be required. Each of the Member States shall submit recommendations or conventions to its competent authorities within a period of one year from the close of the session of the General Conference at which they were adopted.
5. The General Conference shall advise the United Nations Organisation on the educational, scientific and cultural aspects of matters of concern to the latter, in accordance with the terms and procedure agreed upon between the appropriate authorities of the two Organisations.
6. The General Conference shall receive and consider the reports submitted periodically by Member States as provided by Article VIII.
7. The General Conference shall elect the members of the Executive Board and, on the recommendation of the Board, shall appoint the Director-General.
C. Voting
8. Each Member State shall have one vote in the General Conference. Decisions shall be made by a simple majority except in cases in which a two-thirds majority is required by the provisions of this Constitution. A majority shall be a majority of the Members present and voting.
D. Procedure
9. The General Conference shall meet annually in ordinary session; it may meet in extraordinary session on the call of the Executive Board. At each session the location of its next session shall be designated by the General Conference and shall vary from year to year.
10. The General Conference shall, at each session, elect a President and other officers and adopt rules of procedure.
11. The General Conference shall set up special and technical committees and such other subordinate bodies as may be necessary for its purposes.
12. The General Conference shall cause arrangements to be made for public access to meetings, subject to such regulations as it shall prescribe.
E. Observers
13. The General Conference, on the recommendation of the Executive Board and by a two-thirds majority may, subject to its rules of procedure, invite as observers at specified sessions of the Conference or of its commissions representatives of international organisations, such as those referred to in Article XI, paragraph 4.
article v.
Executive Board
A. Composition
1. The Executive Board shall consist of eighteen members elected by the General Conference from among the delegates appointed by the Member States, together with the President of the Conference who shall sit ex officio in an advisory capacity.
2. In electing the members of the Executive Board the General Conference shall endeavour to include persons competent in the arts, the humanities, the sciences, education and the diffusion of ideas, and qualified by their experience and capacity to fulfill the administrative and executive duties of the Board. It shall also have regard to the diversity of cultures and a balanced geographical distribution. Not more than one national of any Member State shall serve on the Board at any one time, the President of the Conference excepted.
3. The elected members of the Executive Board shall serve for a term of three years, and shall be immediately eligible for a second term, but shall not serve consecutively for more than two terms. At the first election eighteen members shall be elected of whom one third shall retire at the end of the first year and one third at the end of the second year, the order of retirement being determined immediately after the election by the drawing of lots. Thereafter six members shall be elected each year.
4. In the event of the death or resignation of one of its members, the Executive Board shall appoint, from among the delegates of the Member State concerned, a substitute, who shall serve until the next session of the General Conference which shall elect a member for the remainder of the term.
B. Functions
5. The Executive Board, acting under the authority of the General Conference, shall be responsible for the execution of the programme adopted by the Conference and shall prepare its agenda and programme of work.
6. The Executive Board shall recommend to the General Conference the admission of new Members to the Organisation.
7. Subject to decisions of the General Conference, the Executive Board shall adopt its own rules of procedure. It shall elect its officers from among its members.
8. The Executive Board shall meet in regular session at least twice a year and may meet in special session if convoked by the Chairman on his own initiative or upon the request of six members of the Board.
9. The Chairman of the Executive Board shall present to the General Conference, with or without comment, the annual report of the Director-General on the activities of the Organisation, which shall have been previously submitted to the Board.
10. The Executive Board shall make all necessary arrangements to consult the representatives of international organisations or qualified persons concerned with questions within its competence.
11. The members of the Executive Board shall exercise the powers delegated to them by the General Conference on behalf of the Conference as a whole and not as representatives of their respective Governments.
article vi.
Secretariat
1. The Secretariat shall consist of a Director-General and such staff as may be required.
2. The Director-General shall be nominated by the Executive Board and appointed by the General Conference for a period of six years, under such conditions as the Conference may approve, and shall be eligible for re-appointment. He shall be the chief administrative officer of the Organisation.
3. The Director-General, or a deputy designated by him, shall participate, without the right to vote, in all meetings of the General Conference, of the Executive Board, and of the committees of the Organisation. He shall formulate proposals for appropriate action by the Conference and the Board.
4. The Director-General shall appoint the staff of the Secretariat in accordance with staff regulations to be approved by the General Conference. Subject to the paramount consideration of securing the highest standards of integrity, efficiency and technical competence, appointment to the staff shall be on as wide a geographical basis as possible.
5. The responsibilities of the Director-General and of the staff shall be exclusively international in character. In the discharge of their duties they shall not seek or receive instructions from any government or from any authority external to the Organisation. They shall refrain from any action which might prejudice their position as international officials. Each State Member of the Organisation undertakes to respect the international character of the responsibilities of the Director-General and the staff, and not to seek to influence them in the discharge of their duties.
6. Nothing in this Article shall preclude the Organisation from entering into special arrangements within the United Nations Organisation for common services and staff and for the interchange of personnel.
article vii.
National Co-operating Bodies
1. Each Member State shall make such arrangements as suit its particular conditions for the purpose of associating its principal bodies interested in educational, scientific and cultural matters with the work of the Organisation, preferably by the formation of a National Commission broadly representative of the Government and such bodies.
2. National Commissions or national co-operating bodies, where they exist, shall act in an advisory capacity to their respective delegations to the General Conference and to their Governments in matters relating to the Organisation and shall function as agencies of liaison in all matters of interest to it.
3. The Organisation may, on the request of a Member State delegate, either temporarily or permanently, a member of its Secretariat to serve on the National Commission of that State, in order to assist in the development of its work.
article viii.
Reports by Member States
Each Member State shall report periodically to the Organisation, in a manner to be determined by the General Conference, on its laws, regulations and statistics relating to educational, scientific and cultural life and institutions, and on the action taken upon the recommendations and conventions referred to in Article IV, paragraph 4.
article ix.
Budget
1. The budget shall be administered by the Organisation.
2. The General Conference shall approve and give final effect to the budget and to the apportionment of financial responsibility among the States Members of the Organisation subject to such arrangement with the United Nations as may be provided in the agreement to be entered into pursuant to Article X.
3. The Director-General, with the approval of the Executive Board, may receive gifts, bequests, and subventions directly from governments, public and private institutions, associations and private persons.
article x.
Relations with the United Nations Organisation
This Organisation shall be brought into relation with the United Nations Organisation, as soon as practicable, as one of the specialised agencies referred to in Article 57 of the Charter of the United Nations. This relationship shall be effected through an agreement with the United Nations Organisation under Article 63 of the Charter, which agreement shall be subject to the approval of the General Conference of this Organisation. The agreement shall provide for effective co-operation between the two Organisations in the pursuit of their common purposes, and at the same time shall recognise the autonomy of this Organisation, within the fields of its competence as defined in this Constitution. Such agreement may, among other matters, provide for the approval and financing of the budget of the Organisation by the General Assembly of the United Nations.
article xi.
Relations with Other Specialized International Organisations and Agencies
1. This Organisation may co-operate with other specialised inter-governmental organisations and agencies whose interests and activities are related to its purposes. To this end the Director-General, acting under the general authority of the Executive Board, may establish effective working relationships with such organisations and agencies and establish such joint committees as may be necessary to assure effective co-operation. Any formal arrangements entered into with such organisations or agencies shall be subject to the approval of the Executive Board.
2. Whenever the General Conference of this Organisation and the competent authorities of any other specialised inter-governmental organisations or agencies whose purposes and functions lie within the competence of this Organisation, deem it desirable to effect a transfer of their resources and activities to this Organisation, the Director-General, subject to the approval of the Conference, may enter into mutually acceptable arrangements for its purpose.
3. This Organisation may make appropriate arrangements with other inter-governmental organisations for reciprocal representation at meetings.
4. The United Nations Educational, Scientific and Cultural Organisation may make suitable arrangements for consultation and co-operation with non-governmental international organisations concerned with matters within its competence and may invite them to undertake specific tasks. Such co-operation may also include appropriate participation by representatives of such organisations on advisory committees set up by the General Conference.
article xii.
Legal status of the Organisation
The provisions of Articles 104 and 105 of the Charter of the United Nations Organisation concerning the legal status of that Organisation, its privileges and immunities shall apply in the same way to this Organisation.
article xiii.
Amendments
1. Proposals for amendments to this Constitution shall become effective upon receiving the approval of the General Conference by a two-thirds majority; provided, however, that those amendments which involve fundamental alterations in the aims of the Organisation or new obligations for the Member States shall require subsequent acceptance on the part of two-thirds of the Member States before they come into force. The draft texts of proposed amendments shall be communicated by the Director-General to the Member States at least six months in advance of their consideration by the General Conference.
2. The General Conference shall have power to adopt by a two-thirds majority rules of procedure for carrying out the provisions of this Article.
article xiv.
Interpretation
1. The English and French texts of this Constitution shall be regarded as equally authoritative.
2. Any question or dispute concerning the interpretation of this Constitution shall be referred for determination to the International Court of Justice or to an arbitral tribunal, as the General Conference may determine under its rules of procedure.
article xv.
Entry into force
1. This Constitution shall be subject to acceptance. The instruments of acceptance shall be deposited with the Government of the United Kingdom.
2. This Constitution shall remain open for signature in the archives of the Government of the United Kingdom. Signature may take place either before or after the deposit of the instrument of acceptance. No acceptance shall be valid unless preceded or followed by signature.
3. This Constitution shall come into force when it has been accepted by twenty of its signatories. Subsequent acceptances shall take effect immediately.
4. The Government of the United Kingdom will inform all members of the United Nations of the receipt of all instruments of acceptance and of the date on which the Constitution comes into force in accordance with the preceding paragraph.
In faith whereof, the undersigned, duly authorised to that effect, have signed this Constitution in the English and French languages, both texts being equally authentic.
Done in London the sixteenth day of November, 1945 in a single copy, in the English and French languages, of which certified copies will be communicated by the Government of the United Kingdom to the Governments of all the Members of the United Nations.
[Here follow the signatures of the heads of the delegations.]
§287n. Representatives in General Conference; number; citizenship; compensation
The President by and with the consent of the Senate shall designate from time to time to attend a specified session or specified sessions of the General Conference of the Organization not to exceed five representatives of the United States and such number of alternates not to exceed five as he may determine consistent with the rules of procedure of the General Conference: Provided, however, That each such representative and each such alternate must be an American citizen. One of the representatives shall be designated as the senior representative. Such representatives and alternates shall each be entitled to receive compensation at such rates provided for members of the Senior Foreign Service under section 3962 of this title, or provided for Foreign Service officers under section 3963 of this title, as the President may determine, for such periods as the President may specify, except that no Member of the Senate or House of Representatives or officer of the United States who is designated under this section as a representative of the United States or as an alternate to attend any specified session or specified sessions of the General Conference shall be entitled to receive such compensation. Whenever a representative of the United States is elected by the General Conference to serve on the Executive Board, or is elected President of the General Conference and thus becomes an ex officio adviser to the Executive Board, under provision of article V of the constitution of the Organization, the President may extend the above provisions for compensation to such representative during periods of service in connection with the Executive Board.
(July 30, 1946, ch. 700, §2, 60 Stat. 712; July 31, 1956, ch. 804, title I, §112, 70 Stat. 740; Pub. L. 88–426, title III, §§305(1), 306(g), Aug. 14, 1964, 78 Stat. 422, 430; Pub. L. 96–465, title II, §2206(a)(3), Oct. 17, 1980, 94 Stat. 2161.)
Editorial Notes
References in Text
Article V of the constitution of the Organization, referred to in text, is article V of the Constitution of the United Nations Educational, Scientific, and Cultural Organization, which is set out as a note under section 287m of this title.
Amendments
1980—Pub. L. 96–465 substituted "members of the Senior Foreign Service under section 3962 of this title, or provided for Foreign Service officers under section 3963 of this title," for "Foreign Service officers in the schedule contained in section 867 of this title,".
1964—Pub. L. 88–426, §306(g), substituted provisions permitting payment of compensation at such rates provided for Foreign Service officers in the schedule contained in section 867 of this title for provisions which limited compensation at not more than $15,000 per annum.
1956—Act July 31, 1956, increased maximum compensation of representatives and alternatives from $12,000 to $15,000.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.
Repeals
Section 112 of act July 31, 1956, cited as a credit to this section, was repealed by section 305(1) of Pub. L. 88–426.
§287o. National Commission on Educational, Scientific, and Cultural Cooperation; membership; meetings; expenses
In fulfillment of article VII of the constitution of the Organization, the Secretary of State shall cause to be organized a National Commission on Educational, Scientific, and Cultural Corporation 1 of not to exceed one hundred members. Such Commission shall be appointed by the Secretary of State and shall consist of (a) not more than sixty representatives of principal national, voluntary organizations interested in educational, scientific, and cultural matters; and (b) not more than forty outstanding persons selected by the Secretary of State, including not more than ten persons holding office under or employed by the Government of the United States, not more than fifteen representatives of the educational, scientific, and cultural interests of State and local governments, and not more than fifteen persons chosen at large. The Secretary of State is authorized to name in the first instance fifty of the principal national voluntary organizations, each of which shall be invited to designate one representative for appointment to the National Commission. Thereafter, the National Commission shall periodically review and, if deemed advisable, revise the list of such organizations designating representatives in order to achieve a desirable rotation among organizations represented. To constitute the initial Commission, one-third of the members shall be appointed to serve for a term of one year, one-third for a term of two years, and one-third or the remainder thereof for a term of three years; from thence on following, all members shall be appointed for a term of three years each, but no member shall serve more than two consecutive terms. The National Commission shall meet at least once annually. The National Commission shall designate from among its members an executive committee, and may designate such other committees as may prove necessary, to consult with the Department of State and to perform such other functions as the National Commission shall delegate to them. No member of the National Commission shall be allowed any salary or other compensation for services: Provided, however, That he may be paid transportation and other expenses as authorized by section 5703 of title 5. The Department of State is authorized to provide the necessary secretariat for the Commission.
(July 30, 1946, ch. 700, §3, 60 Stat. 713; Pub. L. 87–139, §9, Aug. 14, 1961, 75 Stat. 341.)
Editorial Notes
References in Text
Article VII of the constitution of the Organization, referred to in text, is article VII of the Constitution of the United Nations Educational, Scientific, and Cultural Organization, which is set out as a note under section 287m of this title.
Codification
"Section 5703 of title 5" substituted in text for "section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b–2)" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments
1961—Pub. L. 87–139 substituted provisions for payment of transportation and other expenses as authorized by section 5703 of title 5, for provisions authorizing payment of actual transportation expenses plus a $10 maximum per diem.
1 So in original. Probably should be "Cooperation".
§287p. Citizenship of members
Each such member of the National Commission must be an American citizen.
(July 30, 1946, ch. 700, §4, 60 Stat. 713.)
§287q. General and special conferences; expenses; acceptance of services and gifts or bequests of money or materials
The National Commission shall call general conferences for the discussion of matters relating to the activities of the Organization, to which conferences organized bodies actively interested in such matters shall be invited to send representatives: Provided, however, That the travel and maintenance of such representation shall be without expense to the Government. Such general conferences shall be held annually or biennially, as the National Commission may determine, and in such places as it may designate. They shall be attended so far as possible by the members of the National Commission and by the delegates of the United States to the General Conference of the Organization. The National Commission is further authorized to call special conferences of experts for the consideration of specific matters relating to the Organization by persons of specialized competences. The Department of State may pay their transportation and other expenses as authorized by section 5703 of title 5, for the period of actual attendance and of necessary travel. The National Commission is further authorized to receive and accept services and gifts or bequests of money or materials to carry out any of the educational, scientific, or cultural purposes of the National Commission as set forth in this subchapter and in the constitution of the Organization. Any money so received shall be held by the Secretary of State and shall be subject to disbursement through the disbursement facilities of the Treasury Department as the terms of the gift or bequest may require and shall remain available for expenditure by grant or otherwise until expended: Provided, That no such gift or bequest may be accepted or disbursed if the terms thereof are inconsistent with the purposes of the National Commission as set forth in this subchapter and in the constitution of the Organization. Gifts or bequests provided for herein shall, for the purposes of Federal income, estate, and gift taxes, be deemed to be a gift to or for the United States. The National Commission and Secretary of State shall submit to Congress annual reports of receipts and expenditures of funds and bequests received and disbursed pursuant to the provisions of this section.1
(July 30, 1946, ch. 700, §5, 60 Stat. 713; Pub. L. 85–477, ch. V, §502(e), June 30, 1958, 72 Stat. 273; Pub. L. 87–139, §10, Aug. 14, 1961, 75 Stat. 341; Pub. L. 98–164, title I, §106(a), Nov. 22, 1983, 97 Stat. 1018.)
Editorial Notes
References in Text
The constitution of the Organization, referred to in text, is the Constitution of the United Nations Educational, Scientific, and Cultural Organization, which is set out as a note under section 287m of this title.
Codification
"Section 5703 of title 5" substituted in text for "section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b–2)" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments
1983—Pub. L. 98–164 struck out provision prohibiting acceptance of gifts or bequests aggregating more than $200,000 in any year.
1961—Pub. L. 87–139 substituted provisions authorizing payment of transportation and other expenses of attending experts as authorized by section 5703 of title 5, for provisions which allowed the experts $10 per diem plus actual transportation expenses.
1958—Pub. L. 85–477 authorized the National Commission to receive and accept services and gifts or bequests of money or materials.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
Pub. L. 89–348, §1(21), Nov. 8, 1965, 79 Stat. 1311, repealed the following reporting requirement: "The annual report to Congress by the National Commission on Educational, Scientific, and Cultural Cooperation and the Secretary of State of the receipts and expenditures of funds and bequests received and disbursed in connection with the United Nations Educational, Scientific, and Cultural Organization (72 Stat. 273; 22 U.S.C. 287q)."
1 See Termination of Reporting Requirements note below.
§287r. Authorization of appropriations; payment of expenses
There is hereby authorized to be appropriated annually to the Department of State, out of any money in the Treasury not otherwise appropriated such sums as may be necessary for the payment by the United States of its share of the expenses of the Organization as apportioned by the General Conference of the Organization in accordance with article IX of the constitution of the Organization, and such additional sums as may be necessary to pay the expenses of participation by the United States in the activities of the Organization, including: (a) salaries of the representatives provided for in section 287n of this title, of their appropriate staffs, and of members of the secretariat of the National Commission provided for in section 287o of this title, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5; (b) travel expenses without regard to the Standardized Government Travel Regulations, as amended, the Subsistence Expense Act of 1926, as amended, and section 5731 of title 5, and, under such rules and regulations as the Secretary of State may prescribe, travel expenses of families and transportation of effects of United States representatives and other personnel in going to and returning from their post of duty; (c) allowances for living quarters, including heat, fuel, and light, as authorized by section 5912 of title 5; (d) cost of living allowances under such rules and regulations as the Secretary of State may prescribe, including allowances to persons temporarily stationed abroad; (e) communication services; (f) stenographic reporting, translating, and other services, by contract, if deemed necessary, without regard to section 6101 of title 41; (g) local transportation; (h) equipment; (i) transportation of things; (j) rent of offices; (k) printing and binding without regard to section 501 of title 44 and section 6101 of title 41; (l) official entertainment; (m) stationery; (n) purchase of newspapers, periodicals, books, and documents; and (o) such other expenses as may be authorized by the Secretary of State.
(July 30, 1946, ch. 700, §6, 60 Stat. 714; ch. 782, title II, §202(2), title XI, §1106(a), Oct. 28, 1949, 63 Stat. 954, 972.)
Editorial Notes
References in Text
Article IX of the constitution of the Organization, referred to in text, is article IX of the constitution of the United Nations Educational, Scientific, and Cultural Organization, which is set out as a note under section 287m of this title.
The Subsistence Expenses Act of 1926, as amended, referred to in clause (b), was repealed and superseded by the Travel Expense Act of 1949, which is now covered by subchapter I of chapter 57 of Title 5. Section 9(a) of the 1949 Act provided in part: "All Acts . . . applicable to civilian officers or employees of the departments and establishments, providing for reimbursement of actual travel or transportation expense, and all other Acts, general or special, which are in conflict with the provisions of this Act . . . are hereby modified, but only to the extent of inconsistency or conflict with the provisions of this Act . . ."
Codification
In cl. (a), "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act of 1949" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5, Government Organization and Employees.
In cls. (b) and (c), "section 5731 of title 5" and "section 5912 of title 5" substituted for "section 10 of the Act of March 3, 1933 (U.S.C., title 5, sec. 73b)" and "the Act approved June 26, 1930 (U.S.C., title 5, sec. 118a)", respectively, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5.
In cl. (f), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In cl. (k), "section 501 of title 44" substituted for "section 11 of the Act of March 1, 1919 (44 U.S.C. 111)" on authority of Pub. L. 90–620, §2(b), Oct. 22, 1968, which Act enacted Title 44, Public Printing and Documents.
In cl. (k), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
Restriction on Contributions Because of Journalistic Interference; Report to Congress
Pub. L. 97–241, title I, §109, Aug. 24, 1982, 96 Stat. 276, provided that:
"(a) None of the funds authorized to be appropriated by paragraph (2) of section 102 of this Act [section 102(2) of Pub. L. 97–241, which was not classified to the Code] or by any other Act for 'International Organizations and Conferences' may be used for payment by the United States of its contribution toward the assessed budget of the United Nations Educational, Scientific and Cultural Organization if that organization implements any policy or procedure the effect of which is to license journalists or their publications, to censor or otherwise restrict the free flow of information within or among countries, or to impose mandatory codes of journalistic practice or ethics.
"(b) Not later then February 1 of each year, the Secretary of State shall report to the Congress with respect to whether the United Nations Educational, Scientific and Cultural Organization has taken any action described in subsection (a) of this section."
[For termination, effective May 15, 2000, of reporting provisions in section 109(b) of Pub. L. 97–241, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 130 of House Document No. 103–7.]
§287s. Amendments to constitution of Organization involving new obligations
Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States approve any amendment under article XIII of the constitution of the Organization involving any new obligation for the United States.
(July 30, 1946, ch. 700, §7, 60 Stat. 714.)
Editorial Notes
References in Text
Article XIII of the constitution of the Organization, referred to in text, is article XIII of the constitution of the United Nations Educational, Scientific, and Cultural Organization, which is set out as a note under section 287m of this title.
§287t. Prohibition against disclosure of information or knowledge
In adopting this subchapter, it is the understanding of the Congress that the constitution of the Organization does not require, nor does this subchapter authorize, the disclosure of any information or knowledge in any case in which such disclosure is prohibited by any law of the United States.
(July 30, 1946, ch. 700, §8, 60 Stat. 714.)
Editorial Notes
References in Text
The constitution of the Organization, referred to in text, is the constitution of the United Nations Educational, Scientific, and Cultural Organization, which is set out as a note under section 287m of this title.
SUBCHAPTER XVIII—PRIVILEGES AND IMMUNITIES OF INTERNATIONAL ORGANIZATIONS
§288. "International organization" defined; authority of President
For the purposes of this subchapter, the term "international organization" means a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation, and which shall have been designated by the President through appropriate Executive order as being entitled to enjoy the privileges, exemptions, and immunities provided in this subchapter. The President shall be authorized, in the light of the functions performed by any such international organization, by appropriate Executive order to withhold or withdraw from any such organization or its officers or employees any of the privileges, exemptions, and immunities provided for in this subchapter (including the amendments made by this subchapter) or to condition or limit the enjoyment by any such organization or its officers or employees of any such privilege, exemption, or immunity. The President shall be authorized, if in his judgment such action should be justified by reason of the abuse by an international organization or its officers and employees of the privileges, exemptions, and immunities provided in this subchapter or for any other reason, at any time to revoke the designation of any international organization under this section, whereupon the international organization in question shall cease to be classed as an international organization for the purposes of this subchapter.
(Dec. 29, 1945, ch. 652, title I, §1, 59 Stat. 669.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out below and Tables.
Statutory Notes and Related Subsidiaries
Short Title of 2010 Amendment
Pub. L. 111–177, §1, June 8, 2010, 124 Stat. 1260, provided that: "This Act [enacting section 288f–7 of this title] may be cited as the 'Extending Immunities to the Office of the High Representative in Bosnia and Herzegovina and the International Civilian Office in Kosovo Act of 2010'."
Short Title
Act Dec. 29, 1945, ch. 652, title I, §10, 59 Stat. 673, provided that: "This title [enacting this subchapter and amending section 215 of Title 8, Aliens and Nationality, sections 116, 1607, 1621, 3466, 3469, 3475, and 3797 of Internal Revenue Code, 1939, and section 409 of Title 42, The Public Health and Welfare] may be cited as the 'International Organizations Immunities Act'."
International Cotton Advisory Committee
Pub. L. 104–127, title II, §283, Apr. 4, 1996, 110 Stat. 980, provided that:
"(a)
"(b)
Administrative Supplies for International Organizations
Act Aug. 4, 1947, ch. 479, 61 Stat. 752, provided for the procurement and furnishing of administrative supplies by the Treasury Department to international organizations until July 1, 1948. This act was popularly known as the "International Organizations Procurement Act of 1947."
Public International Organizations Designated by Statute
The following organizations shall be considered public international organizations for purposes of this section:
The Global Fund to Fight AIDS, Tuberculosis and Malaria. See section 7622 of this title.
The International Development Law Institute. See section 288j of this title.
Executive Documents
Public International Organizations Entitled To Enjoy Certain Privileges, Exemptions, and Immunities
International organizations were designated by executive order as public international organizations entitled to enjoy the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act (this subchapter) as follows:
African Development Bank, Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.
African Development Fund, Ex. Ord. No. 11977, Mar. 14, 1977, 42 F.R. 14671.
African Union, Ex. Ord. No. 13377, Apr. 13, 2005, 70 F.R. 20263.
Asian Development Bank, Ex. Ord. No. 11334, Mar. 7, 1967, 32 F.R. 3933.
Border Environment Cooperation Commission, Ex. Ord. No. 12904, Mar. 16, 1994, 59 F.R. 13179.
Caribbean Organization, Ex. Ord. No. 10983, Dec. 30, 1961, 27 F.R. 32.
Commission for Environmental Cooperation, Ex. Ord. No. 12904, Mar. 16, 1994, 59 F.R. 13179.
Commission for Labor Cooperation, Ex. Ord. No. 12904, Mar. 16, 1994, 59 F.R. 13179.
Commission for the Study of Alternatives to the Panama Canal, Ex. Ord. No. 12567, Oct. 2, 1986, 51 F.R. 35495.
Council of Europe in Respect of the Group of States Against Corruption (GRECO), Ex. Ord. No. 13240, Dec. 18, 2001, 66 F.R. 66257.
Customs Cooperation Council, Ex. Ord. No. 11596, June 5, 1971, 36 F.R. 11079.
European Bank for Reconstruction and Development, Ex. Ord. No. 12766, June 18, 1991, 56 F.R. 28463.
European Central Bank, Ex. Ord. No. 13307, May 29, 2003, 68 F.R. 33338.
European Space Agency, Ex. Ord. No. 11318, Dec. 5, 1966, 31 F.R. 15307; Ex. Ord. No. 11351, May 22, 1967, 32 F.R. 7561; Ex. Ord. No. 11760, Jan. 17, 1974, 39 F.R. 2343; Ex. Ord. No. 12766, June 18, 1991, 56 F.R. 28463.
Food and Agriculture Organization, Ex. Ord. No. 9698, Feb. 19, 1946, 11 F.R. 1809.
Global Fund to Fight AIDS, Tuberculosis and Malaria, Ex. Ord. No. 13395, Jan. 13, 2006, 71 F.R. 3203.
Great Lakes Fishery Commission, Ex. Ord. No. 11059, Oct. 23, 1962, 27 F.R. 10405.
Hong Kong Economic and Trade Offices, Ex. Ord. No. 13052, June 30, 1997, 62 F.R. 35659.
Inter-American Defense Board, Ex. Ord. No. 10228, Mar. 26, 1951, 16 F.R. 2676.
Inter-American Development Bank, Ex. Ord. No. 10873, Apr. 8, 1960, 25 F.R. 3097; Ex. Ord. No. 11019, Apr. 27, 1962, 27 F.R. 4145.
Inter-American Institute of Agricultural Sciences, Ex. Ord. No. 9751, July 11, 1946, 11 F.R. 7713.
Inter-American Investment Corporation, Ex. Ord. No. 12567, Oct. 2, 1986, 51 F.R. 35495.
Inter-American Statistical Institute, Ex. Ord. No. 9751, July 11, 1946, 11 F.R. 7713.
Inter-American Tropical Tuna Commission, Ex. Ord. No. 11059, Oct. 23, 1962, 27 F.R. 10405.
Intergovernmental Maritime Consultative Organization, Ex. Ord. No. 10795, Dec. 13, 1958, 23 F.R. 9709.
International Atomic Energy Agency, Ex. Ord. No. 10727, Aug. 31, 1957, 22 F.R. 7099.
International Bank for Reconstruction and Development, Ex. Ord. No. 9751, July 11, 1946, 11 F.R. 7713.
International Boundary and Water Commission, United States and Mexico, Ex. Ord. No. 12467, Mar. 2, 1984, 49 F.R. 8229.
International Centre for Settlement of Investment Disputes, Ex. Ord. No. 11966, Jan. 19, 1977, 42 F.R. 4331.
International Civil Aviation Organization, Ex. Ord. No. 9863, May 31, 1947, 12 F.R. 3559.
International Civilian Office in Kosovo, Ex. Ord. No. 13568, Mar. 8, 2011, 76 F.R. 13497.
International Coffee Organization, Ex. Ord. No. 11225, May 22, 1965, 30 F.R. 7093.
International Committee of the Red Cross, Ex. Ord. No. 12643, June 23, 1988, 53 F.R. 24247.
International Cotton Advisory Committee, Ex. Ord. No. 9911, Dec. 19, 1947, 12 F.R. 8719.
International Cotton Institute, Ex. Ord. No. 11283, May 27, 1966, 31 F.R. 7667.
International Criminal Police Organization (INTERPOL) (limited privileges), Ex. Ord. No. 12425, June 16, 1983, 48 F.R. 28069; Ex. Ord. No. 12971, Sept. 15, 1995, 60 F.R. 48617; Ex. Ord. No. 13524, Dec. 16, 2009, 74 F.R. 67803.
International Development Association, Ex. Ord. No. 11966, Jan. 19, 1977, 42 F.R. 4331.
International Development Law Institute, Ex. Ord. No. 12842, Mar. 29, 1993, 58 F.R. 17081.
International Fertilizer Development Center, Ex. Ord. No. 11977, Mar. 14, 1977, 42 F.R. 14671.
International Finance Corporation, Ex. Ord. No. 10680, Oct. 2, 1956, 21 F.R. 7647.
International Food Policy Research Institute (limited privileges), Ex. Ord. No. 12359, Apr. 22, 1982, 47 F.R. 17791.
International Fund for Agricultural Development, Ex. Ord. No. 12732, Oct. 31, 1990, 55 F.R. 46489.
International Hydrographic Bureau, Ex. Ord. No. 10769, May 29, 1958, 23 F.R. 3801.
International Joint Commission—United States and Canada, Ex. Ord. No. 9972, June 25, 1948, 13 F.R. 3573.
International Labor Organization, Ex. Ord. No. 9698, Feb. 19, 1946, 11 F.R. 1809.
International Maritime Satellite Organization, Ex. Ord. No. 12238, Sept. 12, 1980, 45 F.R. 60877.
International Monetary Fund, Ex. Ord. No. 9751, July 11, 1946, 11 F.R. 7713.
International Pacific Halibut Commission, Ex. Ord. No. 11059, Oct. 23, 1962, 27 F.R. 10405.
International Renewable Energy Agency, Ex. Ord. No. 13705, Sept. 3, 2015, 80 F.R. 54405.
International Secretariat for Volunteer Service, Ex. Ord. No. 11363, July 20, 1967, 32 F.R. 10779.
International Telecommunication Union, Ex. Ord. No. 9863, May 31, 1947, 12 F.R. 3559.
International Telecommunications Satellite Organization (INTELSAT), Ex. Ord. No. 11718, May 14, 1973, 38 F.R. 12797; Ex. Ord. No. 11966, Jan. 19, 1977, 42 F.R. 4331.
International Union for Conservation of Nature and Natural Resources, Ex. Ord. No. 12986, Jan. 18, 1996, 61 F.R. 1693.
International Wheat Advisory Committee (International Wheat Council), Ex. Ord. No. 9823, Jan. 24, 1947, 12 F.R. 551.
Interparliamentary Union, Ex. Ord. No. 13097, Aug. 7, 1998, 63 F.R. 43065.
Israel-United States Binational Industrial Research and Development Foundation, Ex. Ord. No. 12956, Mar. 13, 1995, 60 F.R. 14199.
ITER International Fusion Energy Organization, Ex. Ord. No. 13451, Nov. 19, 2007, 72 F.R. 65653.
Korean Peninsula Energy Development Organization, Ex. Ord. No. 12997, Apr. 1, 1996, 61 F.R. 14949.
Multilateral Investment Guarantee Agency, Ex. Ord. No. 12647, Aug. 2, 1988, 53 F.R. 29323.
Multinational Force and Observers, Ex. Ord. No. 12359, Apr. 22, 1982, 47 F.R. 17791.
North American Development Bank, Ex. Ord. No. 12904, Mar. 16, 1994, 59 F.R. 13179.
North Pacific Anadromous Fish Commission, Ex. Ord. No. 12895, Jan. 26, 1994, 59 F.R. 4239.
North Pacific Marine Science Organization, Ex. Ord. No. 12894, Jan. 26, 1994, 59 F.R. 4237.
Office of the High Representative in Bosnia and Herzegovina, Ex. Ord. No. 13568, Mar. 8, 2011, 76 F.R. 13497.
Organization for European Economic Cooperation (now known as the Organization for Economic Cooperation and Development), Ex. Ord. No. 10133, June 27, 1950, 15 F.R. 4159.
Organization for the Prohibition of Chemical Weapons, Ex. Ord. No. 13049, June 11, 1997, 62 F.R. 32471.
Organization of American States (includes Pan American Union), Ex. Ord. No. 10533, June 3, 1954, 19 F.R. 3289.
Organization of Eastern Caribbean States, Ex. Ord. No. 12669, Feb. 20, 1989, 54 F.R. 7753.
Pacific Salmon Commission, Ex. Ord. No. 12567, Oct. 2, 1986, 51 F.R. 35495.
Pan American Health Organization (includes Pan American Sanitary Bureau), Ex. Ord. No. 10864, Feb. 18, 1960, 25 F.R. 1507.
Preparatory Commission of the International Atomic Energy Agency, Ex. Ord. No. 10727, Aug. 31, 1957, 22 F.R. 7099.
Provisional Intergovernmental Committee for the Movement of Migrants from Europe (now known as the Intergovernmental Committee for European Migration), Ex. Ord. No. 10335, Mar. 28, 1952, 17 F.R. 2741.
South Pacific Commission, Ex. Ord. No. 10086, Nov. 25, 1949, 14 F.R. 7147.
United International Bureau for the Protection of Intellectual Property (BIRPI), Ex. Ord. No. 11484, Sept. 29, 1969, 34 F.R. 15337.
United Nations, Ex. Ord. No. 9698, Feb. 19, 1946, 11 F.R. 1809.
United Nations Educational, Scientific, and Cultural Organization, Ex. Ord. No. 9863, May 31, 1947, 12 F.R. 3559.
United Nations Industrial Development Organization, Ex. Ord. No. 12628, Mar. 8, 1988, 53 F.R. 7725.
United States-Mexico Border Health Commission, Ex. Ord. No. 13367, Dec. 21, 2004, 69 F.R. 77605.
Universal Postal Union, Ex. Ord. No. 10727, Aug. 31, 1957, 22 F.R. 7099.
World Health Organization, Ex. Ord. No. 10025, Dec. 30, 1948, 13 F.R. 9361.
World Intellectual Property Organization, Ex. Ord. No. 11866, June 18, 1975, 40 F.R. 26015.
World Meteorological Organization, Ex. Ord. No. 10676, Sept. 1, 1956, 21 F.R. 6625.
World Organisation for Animal Health, Ex. Ord. No. 13759, Jan. 12, 2017, 82 F.R. 5323.
World Tourism Organization, Ex. Ord. No. 12508, Mar. 22, 1985, 50 F.R. 11837.
World Trade Organization, Ex. Ord. No. 13042, Apr. 9, 1997, 62 F.R. 18017.
Public International Organizations Formerly Entitled To Enjoy Certain Privileges, Exemptions, and Immunities
Executive orders designating international organizations as public international organizations entitled to enjoy the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act (this subchapter) were revoked as follows:
Caribbean Commission, Ex. Ord. No. 10025, Dec. 30, 1948, 13 F.R. 9361; revoked by Ex. Ord. No. 10983, Dec. 30, 1961, 27 F.R. 32.
Coffee Study Group, Ex. Ord. No. 10943, May 19, 1961, 26 F.R. 4419; revoked by Ex. Ord. No. 12033, Jan. 10, 1978, 43 F.R. 1915.
Inter-American Coffee Board, Ex. Ord. No. 9751, July 11, 1946, 11 F.R. 7713; revoked by Ex. Ord. No. 10083, Oct. 10, 1949, 14 F.R. 6161.
Intergovernmental Committee on Refugees, Ex. Ord. No. 9823, Jan. 24, 1947, 12 F.R. 551; revoked by Ex. Ord. No. 10083, Oct. 10, 1949, 14 F.R. 6161.
Interim Communications Satellite Committee, Ex. Ord. No. 11227, June 2, 1965, 30 F.R. 7369; revoked by Ex. Ord. No. 11718, May 14, 1973, 38 F.R. 12797.
International Refugee Organization, Ex. Ord. No. 9887, Aug. 22, 1947, 12 F.R. 5723; revoked by Ex. Ord. No. 10832, Aug. 18, 1959, 24 F.R. 6753.
International Telecommunications Satellite Consortium, Ex. Ord. No. 11277, Apr. 30, 1966, 31 F.R. 6609; revoked by Ex. Ord. No. 11718, May 14, 1973, 38 F.R. 12797.
Lake Ontario Claims Tribunal, Ex. Ord. No. 11372, Sept. 18, 1967, 32 F.R. 13251; revoked by Ex. Ord. No. 11439, Dec. 7, 1968, 33 F.R. 18257.
Organization of African Unity (OAU), Ex. Ord. No. 11767, Feb. 19, 1974, 39 F.R. 6603; revoked by Ex. Ord. No. 13377, §3, Apr. 13, 2005, 70 F.R. 20263.
Southeast Asia Treaty Organization, Ex. Ord. No. 10866, Feb. 20, 1960, 25 F.R. 1584; revoked by Ex. Ord. No. 12033, Jan. 10, 1978, 43 F.R. 1915.
United Nations Relief and Rehabilitation Administration, Ex. Ord. No. 9698, Feb. 19, 1946, 11 F.R. 1809; revoked by Ex. Ord. No. 10083, Oct. 10, 1949, 14 F.R. 6161.
Revocation of Executive Order Nos. 9721 and 10103
Ex. Ord. No. 9721, May 10, 1946, 11 F.R. 5209, as amended by Ex. Ord. No. 10103, Feb. 1, 1950, 15 F.R. 597, which provided for the transfer of Federal Government personnel to public international organizations, was revoked with certain savings provisions by section 2 of Ex. Ord. No. 10804, Feb. 12, 1959, 24 F.R. 1147, and subsequently revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
§288a. Privileges, exemptions, and immunities of international organizations
International organizations shall enjoy the status, immunities, exemptions, and privileges set forth in this section, as follows:
(a) International organizations shall, to the extent consistent with the instrument creating them, possess the capacity—
(i) to contract;
(ii) to acquire and dispose of real and personal property;
(iii) to institute legal proceedings.
(b) International organizations, their property and their assets, wherever located, and by whomsoever held, shall enjoy the same immunity from suit and every form of judicial process as is enjoyed by foreign governments, except to the extent that such organizations may expressly waive their immunity for the purpose of any proceedings or by the terms of any contract.
(c) Property and assets of international organizations, wherever located and by whomsoever held, shall be immune from search, unless such immunity be expressly waived, and from confiscation. The archives of international organizations shall be inviolable.
(d) Insofar as concerns customs duties and internal-revenue taxes imposed upon or by reason of importation, and the procedures in connection therewith; the registration of foreign agents; and the treatment of official communications, the privileges, exemptions, and immunities to which international organizations shall be entitled shall be those accorded under similar circumstances to foreign governments.
(Dec. 29, 1945, ch. 652, title I, §2, 59 Stat. 669.)
§288b. Baggage and effects of officers and employees exempted from customs duties and internal revenue taxes
Pursuant to regulations prescribed by the Commissioner of U.S. Customs and Border Protection with the approval of the Secretary of the Treasury, the baggage and effects of alien officers and employees of international organizations, or of aliens designated by foreign governments to serve as their representatives in or to such organizations, or of the families, suites, and servants of such officers, employees, or representatives shall be admitted (when imported in connection with the arrival of the owner) free of customs duties and free of internal-revenue taxes imposed upon or by reason of importation.
(Dec. 29, 1945, ch. 652, title I, §3, 59 Stat. 669; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
Statutory Notes and Related Subsidiaries
Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in text on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury, with power to delegate, see Reorg. Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Commissioner of Customs, referred to in text, was an officer of the Treasury Department.
§288c. Exemption from property taxes
International organizations shall be exempt from all property taxes imposed by, or under the authority of, any Act of Congress, including such Acts as are applicable solely to the District of Columbia or the Territories.
(Dec. 29, 1945, ch. 652, title I, §6, 59 Stat. 671.)
§288d. Privileges, exemptions, and immunities of officers, employees, and their families; waiver
(a) Persons designated by foreign governments to serve as their representatives in or to international organizations and the officers and employees of such organizations, and members of the immediate families of such representatives, officers, and employees residing with them, other than nationals of the United States, shall, insofar as concerns laws regulating entry into and departure from the United States, alien registration and fingerprinting, and the registration of foreign agents, be entitled to the same privileges, exemptions, and immunities as are accorded under similar circumstances to officers and employees, respectively, of foreign governments, and members of their families.
(b) Representatives of foreign governments in or to international organizations and officers and employees of such organizations shall be immune from suit and legal process relating to acts performed by them in their official capacity and falling within their functions as such representatives, officers, or employees except insofar as such immunity may be waived by the foreign government or international organization concerned.
(Dec. 29, 1945, ch. 652, title I, §7(a), (b), 59 Stat. 671.)
§288e. Personnel entitled to benefits
(a) Notification to and acceptance by Secretary of State of personnel
No person shall be entitled to the benefits of this subchapter, unless he (1) shall have been duly notified to and accepted by the Secretary of State as a representative, officer, or employee; or (2) shall have been designated by the Secretary of State, prior to formal notification and acceptance, as a prospective representative, officer, or employee; or (3) is a member of the family or suite, or servant, of one of the foregoing accepted or designated representatives, officers, or employees.
(b) Deportation of undesirables
Should the Secretary of State determine that the continued presence in the United States of any person entitled to the benefits of this subchapter is not desirable, he shall so inform the foreign government or international organization concerned, as the case may be, and after such person shall have had a reasonable length of time, to be determined by the Secretary of State, to depart from the United States, he shall cease to be entitled to such benefits.
(c) Extent of diplomatic status
No person shall, by reason of the provisions of this subchapter, be considered as receiving diplomatic status or as receiving any of the privileges incident thereto other than such as are specifically set forth herein.
(Dec. 29, 1945, ch. 652, title I, §8, 59 Stat. 672.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 288 of this title and Tables.
§288f. Applicability of reciprocity laws
The privileges, exemptions, and immunities of international organizations and of their officers and employees, and members of their families, suites, and servants, provided for in this subchapter, shall be granted notwithstanding the fact that the similar privileges, exemptions, and immunities granted to a foreign government, its officers, or employees, may be conditioned upon the existence of reciprocity by that foreign government: Provided, That nothing contained in this subchapter shall be construed as precluding the Secretary of State from withdrawing the privileges, exemptions, and immunities provided in this subchapter from persons who are nationals of any foreign country on the ground that such country is failing to accord corresponding privileges, exemptions, and immunities to citizens of the United States.
(Dec. 29, 1945, ch. 652, title I, §9, 59 Stat. 673.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 288 of this title and Tables.
§288f–1. European Space Agency and Organization of Eastern Caribbean States; extension of privileges, exemptions, and immunities to members
The provisions of this subchapter may be extended to the European Space Agency and to the Organization of Eastern Caribbean States (including any office established in the United States by that organization) in the same manner, to the same extent, and subject to the same conditions, as they may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.
(Dec. 29, 1945, ch. 652, title I, §11, as added Pub. L. 89–353, Feb. 2, 1966, 80 Stat. 5; amended Pub. L. 98–164, title I, §120, Nov. 22, 1983, 97 Stat. 1023; Pub. L. 100–362, July 6, 1988, 102 Stat. 819.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 288 of this title and Tables.
Amendments
1988—Pub. L. 100–362 inserted "and to the Organization of Eastern Caribbean States (including any office established in the United States by that organization)" after "European Space Agency".
1983—Pub. L. 98–164 substituted "Space Agency" for "Space Research Organization".
Executive Documents
Executive Order
For executive orders designating certain international organizations as public international organizations entitled to enjoy the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act (this subchapter), see notes set out under section 288 of this title.
§288f–2. African Union; extension of privileges, exemptions, and immunities
(a) The provisions of this subchapter may be extended to the African Union and may continue to be extended to the International Labor Organization and the United Nations Industrial Development Organization in the same manner, to the same extent, and subject to the same conditions, as they may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.
(b) Under such terms and conditions as the President shall determine, consistent with the purposes of this subchapter, the President is authorized to extend, or enter into an agreement to extend, to the African Union Mission to the United States of America, and to its members, the privileges and immunities enjoyed by diplomatic missions accredited to the United States, and by members of such missions, subject to corresponding conditions and obligations.
(Dec. 29, 1945, ch. 652, title I, §12, as added Pub. L. 93–161, Nov. 27, 1973, 87 Stat. 635; amended Pub. L. 96–60, title IV, §404, Aug. 15, 1979, 93 Stat. 403; Pub. L. 105–277, div. A, §101(b) [title IV, §406], Oct. 21, 1998, 112 Stat. 2681–50, 2681-101; Pub. L. 108–447, div. D, title V, §569(h), Dec. 8, 2004, 118 Stat. 3026; Pub. L. 108–497, §8, Dec. 23, 2004, 118 Stat. 4019; Pub. L. 109–472, §7(a), Jan. 11, 2007, 120 Stat. 3556.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 288 of this title and Tables.
Amendments
2007—Pub. L. 109–472 designated existing provisions as subsec. (a) and added subsec. (b).
2004—Pub. L. 108–447 and Pub. L. 108–497 amended section identically, substituting "African Union" for "Organization of African Unity".
1998—Pub. L. 105–277 inserted "and the United Nations Industrial Development Organization" after "International Labor Organization".
1979—Pub. L. 96–60 authorized continuation of extension of privileges and immunities provisions to International Labor Organization.
Executive Documents
Executive Order
For executive orders designating certain international organizations as public international organizations entitled to enjoy the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act (this subchapter), see notes set out under section 288 of this title.
Ex. Ord. No. 13444. Extending Privileges and Immunities to the African Union Mission to the United States
Ex. Ord. No. 13444, Sept. 12, 2007, 72 F.R. 52747, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7(a)(2) of the Department of State Authorities Act of 2006 (Public Law 109–472), I hereby extend to the African Union Mission to the United States of America, and to its members, the privileges and immunities enjoyed by diplomatic missions accredited to the United States, and by members of such missions, subject to corresponding conditions and obligations.
This extension of privileges and immunities is not intended to abridge in any respect privileges and immunities that the African Union Mission to the United States of America and its members otherwise may have acquired or may acquire by law.
George W. Bush.
§288f–3. Immunities for International Committee of the Red Cross
The International Committee of the Red Cross, in view of its unique status as an impartial humanitarian body named in the Geneva Conventions of 1949 and assisting in their implementation, shall be considered to be an international organization for the purposes of this subchapter and may be extended the provisions of this subchapter in the same manner, to the same extent, and subject to the same conditions, as such provisions may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.
(Dec. 29, 1945, ch. 652, title I, §13, as added Pub. L. 100–204, title VII, §743, Dec. 22, 1987, 101 Stat. 1395.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 288 of this title and Tables.
Executive Documents
Executive Order
For executive orders designating certain international organizations as public international organizations entitled to enjoy the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act (this subchapter), see notes set out under section 288 of this title.
§288f–4. International Union for Conservation of Nature and Natural Resources; extension of privileges, exemptions, and immunities
The International Union for Conservation of Nature and Natural Resources shall be considered to be an international organization for the purposes of this subchapter and may be extended the provisions of this subchapter in the same manner, to the same extent, and subject to the same conditions, as such provisions may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.
(Dec. 29, 1945, ch. 652, title I, §14, as added Pub. L. 103–236, title IV, §426, Apr. 30, 1994, 108 Stat. 458.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 288 of this title and Tables.
§288f–5. European Central Bank; extension of privileges, exemptions, and immunities
The provisions of this subchapter may be extended to the European Central Bank in the same manner, to the same extent, and subject to the same conditions, as they may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.
(Dec. 29, 1945, ch. 652, title I, §15, as added Pub. L. 107–278, §1, Nov. 5, 2002, 116 Stat. 1939.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 288 of this title and Tables.
§288f–6. Global Fund to Fight AIDS, Tuberculosis and Malaria; extension of privileges, exemptions, and immunities
The provisions of this subchapter may be extended to the Global Fund to Fight AIDS, Tuberculosis and Malaria in the same manner, to the same extent, and subject to the same conditions, as they may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.
(Dec. 29, 1945, ch. 652, title I, §16, as added Pub. L. 108–199, div. D, title V, §593, Jan. 23, 2004, 118 Stat. 208.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 288 of this title and Tables.
§288f–7. Office of the High Representative in Bosnia and Herzegovina and the International Civilian Office in Kosovo; extension of privileges, exemptions, and immunities
The provisions of this subchapter may be extended to the Office of the High Representative in Bosnia and Herzegovina (and to its officers and employees) or the International Civilian Office in Kosovo (and to its officers and employees) in the same manner, to the same extent, and subject to the same conditions, as such provisions may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation. Any such extension may provide for the provisions of this subchapter to continue to extend to the Office of the High Representative in Bosnia and Herzegovina (and to its officers and employees) or the International Civilian Office in Kosovo (and to its officers and employees) after that Office has been dissolved.
(Dec. 29, 1945, ch. 652, title I, §17, as added Pub. L. 111–177, §2, June 8, 2010, 124 Stat. 1260.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 288 of this title and Tables.
§288g. Organization of American States; extension of privileges and immunities to members
Under such terms and conditions as he shall determine, the President is hereby authorized to extend, or to enter into an agreement extending, to the representatives of member states (other than the United States) to the Organization of American States and to permanent observers to the Organization of American States, and to members of the staffs of said representatives and permanent observers, the same privileges and immunities, subject to corresponding conditions and obligations, as are enjoyed by diplomatic envoys accredited to the United States.
(July 10, 1952, ch. 628, 66 Stat. 516; Pub. L. 93–149, §1(b), Nov. 7, 1973, 87 Stat. 560.)
Editorial Notes
Codification
Section was not enacted as part of the International Organizations Immunities Act which comprises this subchapter.
Amendments
1973—Pub. L. 93–149 substituted provisions extending diplomatic privileges and immunities to representatives of member states to the Organization of American States, to permanent observers to the Organization of American States, and to member of staff of such representatives and permanent observers, for provisions extending such privileges and immunities to representatives of member states on the Council of the Organization of American State and members of their staff.
Executive Documents
Ex. Ord. No. 11931. Extension of Diplomatic Privileges and Immunities to Permanent Observers to Organization of American States
Ex. Ord. No. 11931, Aug. 3, 1976, 41 F.R. 32689, provided:
By virtue of the authority vested in me by the Act of November 7, 1973 (87 Stat. 560; 22 U.S.C. 288g), and as President of the United States of America, I extend to Permanent Observers to the Organization of American States, and to the members of the diplomatic staffs of such Permanent Observers, the same privileges and immunities, subject to corresponding conditions and obligations, as are enjoyed by diplomatic envoys accredited to the United States.
This Executive order shall be effective as of November 7, 1973. The enjoyment of privileges and immunities extended hereunder shall be subject to any Agreements entered into between the Government of the United States and the Organization of American States after that date.
Gerald R. Ford.
§288h. Commission of European Communities; extension of privileges and immunities to members
Under such terms and conditions as he shall determine and consonant with the purposes of this section, the President is authorized to extend, or to enter into an agreement extending, to the Mission to the United States of America of the Commission of the European Communities, and to members thereof, the same privileges and immunities subject to corresponding conditions and obligations as are enjoyed by diplomatic missions accredited to the United States and by members thereof. Under such terms and conditions as the President may determine, the President is authorized to extend to other offices of the Commission of the European Communities which are established in the United States, and to members thereof—
(1) the privileges and immunities described in the preceding sentence; or
(2) as appropriate for the functioning of a particular office, privileges and immunities, equivalent to those accorded consular premises, consular officers, and consular employees, pursuant to the Vienna Convention on Consular Relations.
(Pub. L. 92–499, Oct. 18, 1972, 86 Stat. 815; Pub. L. 100–204, title VII, §741, Dec. 22, 1987, 101 Stat. 1394.)
Editorial Notes
Codification
Section was not enacted as part of the International Organizations Immunities Act which comprises this subchapter.
Amendments
1987—Pub. L. 100–204 inserted sentence at end.
Executive Documents
Ex. Ord. No. 12651. Offices of the Commission of the European Communities
Ex. Ord. No. 12651, Sept. 9, 1988, 53 F.R. 35287, provided:
By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, and the Act to extend diplomatic privileges and immunities to the Mission to the United States of America of the Commission of the European Communities and the members thereof, 22 U.S.C. Sec. 288h, I hereby extend to the Permanent Observer Mission of the Delegation of the Commission of the European Communities to the United Nations the same privileges and immunities as are accorded to permanent observer missions of states to the United Nations. I also hereby extend to the members of the diplomatic staff of that mission assigned to New York to observe the work of the United Nations and duly notified to the United States Government and the United Nations in that capacity, and to their families, the same privileges and immunities, subject to corresponding conditions and obligations, as are accorded to members of the diplomatic staff of missions accredited to the United Nations.
Pursuant to the same authority, I also hereby extend to the West Coast Office of the Delegation of the Commission of the European Communities and to the officers and employees of that mission assigned to San Francisco to represent the Commission to the Government of the United States and duly notified to and accepted by the Secretary of State, and to their families, the privileges and immunities, subject to corresponding conditions and obligations, substantively equivalent to those accorded consular premises, consular officers, and consular employees pursuant to the Vienna Convention on Consular Relations. For the purpose of extending privileges and immunities to the West Coast Office of the Delegation of the Commission of the European Communities, its official functions shall consist in:
(a) protecting in the United States the interests of the European Communities within the limits permitted by domestic and international law;
(b) furthering the development of commercial, economic, cultural, and scientific relations between the European Communities and the United States and otherwise promoting friendly relations between them;
(c) ascertaining by all lawful means conditions and developments in the commercial, economic, cultural, and scientific life of the United States, reporting thereon to the European Communities and giving information to persons interested.
Pursuant to the same authority, I also hereby extend to the members of the administrative and technical staff and members of the service staff of the Delegation of the Commission of the European Communities assigned to Washington to represent the Commission to the Government of the United States and duly notified to and accepted by the Secretary of State, and to their families, the same privileges and immunities, subject to corresponding conditions and obligations, as are enjoyed by members of the administrative and technical staff and members of the service staff of diplomatic missions accredited to the United States.
This order is not intended to abridge in any respect privileges, exemptions or immunities that the Delegation of the Commission of the European Communities may have acquired or may acquire by international agreements or by Congressional action.
Ronald Reagan.
Ex. Ord. No. 11689. Presidential Extension of Diplomatic Privileges and Immunities
Ex. Ord. No. 11689, Dec. 5, 1972, 37 F.R. 25987, provided:
By virtue of the authority vested in me by the Act of October 18, 1972 (Public Law 92–499) [this section], and as President of the United States, I hereby extend to the Mission to the United States of America of the Commission of the European Communities, and to the officers of that Mission assigned to Washington to represent the Commission to the Government of the United States and duly notified to and accepted by the Secretary of State, and to their families, the same privileges and immunities, subject to corresponding conditions and obligations, as are enjoyed by diplomatic missions accredited to the United States and by members of the diplomatic staffs thereof.
Richard Nixon.
§288i. Liaison Office of the People's Republic of China; extension of privileges and immunities to members
Under such terms and conditions as he shall determine and consonant with the purposes of this section, the President is authorized to extend to the Liaison Office of the People's Republic of China in Washington and to the members thereof the same privileges and immunities subject to corresponding conditions and obligations as are enjoyed by diplomatic missions accredited to the United States and by members thereof.
(Pub. L. 93–22, Apr. 20, 1973, 87 Stat. 24.)
Editorial Notes
Codification
Section was not enacted as part of the International Organizations Immunities Act which comprises this subchapter.
Executive Documents
Executive Order No. 11771
Ex. Ord. No. 11771, Mar. 18, 1974, 39 F.R. 10415, which extended diplomatic privileges and immunities to the Liaison Office of the People's Republic of China in Washington, D.C., was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
§288j. International Development Law Institute
For purposes of the International Organizations Immunities Act (22 U.S.C. 288 and following), the International Development Law Institute shall be considered to be a public international organization in which the United States participates under the authority of an Act of Congress authorizing such participation.
(Pub. L. 102–511, title VIII, §805, Oct. 24, 1992, 106 Stat. 3353.)
Editorial Notes
References in Text
The International Organizations Immunities Act, referred to in text, is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 288 of this title and Tables.
Codification
Section was enacted as part of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, also known as the FREEDOM Support Act, and not as part of the International Organizations Immunities Act which comprises this subchapter.
§288k. Extension of certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices
(a) Application of International Organizations Immunities Act
The provisions of the International Organizations Immunities Act (22 U.S.C. 288 et seq.) may be extended to the Hong Kong Economic and Trade Offices in the same manner, to the same extent, and subject to the same conditions as such provisions may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.
(b) Application of international agreement on certain State and local taxation
The President is authorized to apply the provisions of Article I of the Agreement on State and Local Taxation of Foreign Employees of Public International Organizations, done at Washington on April 21, 1994, to the Hong Kong Economic and Trade Offices.
(c) "Hong Kong Economic and Trade Offices" defined
The term "Hong Kong Economic and Trade Offices" refers to Hong Kong's official economic and trade missions in the United States.
(Pub. L. 105–22, §1, June 27, 1997, 111 Stat. 236.)
Editorial Notes
References in Text
The International Organizations Immunities Act, referred to in subsec. (a), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 288 of this title and Tables.
Codification
Section was not enacted as part of the International Organizations Immunities Act which comprises this subchapter.
§288l. The Holy See
Under such terms and conditions as the President shall determine, the President is authorized to extend, or to enter into an agreement to extend, to the Permanent Observer Mission of the Holy See to the United Nations in New York, and to its members, the privileges and immunities enjoyed by the diplomatic missions of member states to the United Nations, and their members, subject to corresponding conditions and obligations.
(Pub. L. 109–472, §7(b), Jan. 11, 2007, 120 Stat. 3556.)
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorities Act of 2006, and not as part of the International Organizations Immunities Act which comprises this subchapter.
Executive Documents
Ex. Ord. No. 13427. Extending Privileges and Immunities to the Permanent Observer Mission of the Holy See to the United Nations
Ex. Ord. No. 13427, Mar. 7, 2007, 72 F.R. 10879, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7(b) of the Department of State Authorities Act of 2006 (22 U.S.C. 288l), I hereby extend to the Permanent Observer Mission of the Holy See to the United Nations in New York, and to its members, the privileges and immunities enjoyed by the diplomatic missions of member states to the United Nations, and members of such missions, subject to corresponding conditions and obligations.
This extension of privileges and immunities is not intended to abridge in any respect privileges or immunities that the Permanent Observer Mission of the Holy See to the United Nations in New York and its members otherwise may have acquired or may acquire by law.
George W. Bush.
SUBCHAPTER XIX—INTERNATIONAL REFUGEE ORGANIZATION
§289. Acceptance of membership by the United States; conditions
The President is hereby authorized to accept membership for the United States in the International Refugee Organization (hereinafter referred to as the "Organization"), the constitution of which was approved in New York on December 15, 1946, by the General Assembly of the United Nations, and deposited in the archives of the United Nations: Provided, however, That this authority is granted and the approval of the Congress of the acceptance of membership of the United States in the International Refugee Organization is given upon condition and with the reservation that no agreement shall be concluded on behalf of the United States and no action shall be taken by any officer, agency, or any other person and acceptance of the constitution of the Organization by or on behalf of the Government of the United States shall not constitute or authorize action (1) whereby any person shall be admitted to or settled or resettled in the United States or any of its Territories or possessions without prior approval thereof by the Congress, and this subchapter shall not be construed as such prior approval, or (2) which will have the effect of abrogating, suspending, modifying, adding to, or superseding any of the immigration laws or any other laws of the United States.
(July 1, 1947, ch. 185, §1, 61 Stat. 214.)
§289a. Designation of representative and alternates; compensation
The President shall designate from time to time a representative of the United States and not to exceed two alternates to attend a specified session or specified sessions of the general council of the Organization. Whenever the United States is elected to membership on the executive committee, the President shall designate from time to time, either from among the aforesaid representative and alternates or otherwise, a representative of the United States and not to exceed one alternate to attend sessions of the executive committee. Such representative or representatives shall each be entitled to receive compensation at a rate not to exceed $12,000 per annum, and any such alternate shall be entitled to receive compensation at a rate not to exceed $10,000 per annum, for such period or periods as the President may specify, except that no Member of the Senate or House of Representatives or officer of the United States who is designated as such a representative shall be entitled to receive such compensation.
(July 1, 1947, ch. 185, §2, 61 Stat. 215.)
§289b. Authorization of appropriations; payment of salaries and expenses
There is hereby authorized to be appropriated annually to the Department of State—
(a) such sums, not to exceed $73,325,000 for the fiscal year beginning July 1, 1947, as may be necessary for the payment of United States contributions to the Organization (consisting of supplies, services, or funds and all necessary expenses related thereto) as determined in accordance with article 10 of the constitution of the Organization; and
(b) such sums, not to exceed $175,000 for the fiscal year beginning July 1, 1947, as may be necessary for the payment of—
(1) salaries of the representative or representatives and alternates provided for in section 289a of this title, and appropriate staff, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5; and
(2) such other expenses as the Secretary of State deems necessary to participation by the United States in the activities of the Organization; Provided, That the provisions of section 287e of this title and regulations thereunder, applicable to expenses incurred pursuant to subchapter XVI of this chapter shall be applicable to any expenses incurred pursuant to this chapter.
(July 1, 1947, ch. 185, §3, 61 Stat. 215; Oct. 28, 1949, ch. 782, title II, §202(2), title XI, §1106(a), 63 Stat. 954, 972.)
Editorial Notes
References in Text
Subchapter XVI [§287 et seq.] of this chapter, referred to in subsec. (b)(2), was in the original a reference to the United Nations Participation Act of 1945.
Codification
In subsec. (b)(1), "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act of 1949" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments
1949—Subsec. (b)(1). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
§289c. Transfer of funds; furnishing supplies and services; accounting for reimbursements
(a) Sums from the appropriations made pursuant to subsection (a) of section 289b of this title may be transferred to any department, agency, or independent establishment of the Government to carry out the purposes of such subsection, and such sums shall be available for obligation and expenditure in accordance with the laws governing obligations and expenditures of the department, agency, independent establishment, or organizational unit thereof concerned, and without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41.
(b) Upon request of the Organization, any department, agency, or independent establishment of the Government (upon receipt of advancements or reimbursements for the cost and necessary expenses) may furnish supplies, or if advancements are made may procure and furnish supplies, and may furnish or procure and furnish services, to the Organization. When reimbursement is made it shall be credited, at the option of the department, agency, or independent establishment concerned, either to the appropriation, fund, or account utilized in incurring the obligation, or to an appropriate appropriation fund, or account which is current at the time of such reimbursement.
(July 1, 1947, ch. 185, §4, 61 Stat. 215; Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 654.)
Editorial Notes
Codification
In subsec. (a), "section 3324(a) and (b) of title 31 and section 6101 of title 41" substituted for "sections 3709 and 3648 of the Revised Statutes, as amended (U.S.C., 1940 edition, title 41, sec. 5, and title 31, sec. 529)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1966—Subsec. (b). Pub. L. 89–554 struck out proviso which excepted certain personnel from the ceiling imposed by section 947 of former title 5.
§289d. Omitted
Editorial Notes
Codification
Section, act July 1, 1947, ch. 185, §5, 61 Stat. 216, authorized appropriations in the form of advance contributions to the Preparatory Commission of the Organization during the interim period between July 1, 1947 and the coming into force of the constitution of the Organization.
SUBCHAPTER XX—WORLD HEALTH ORGANIZATION
§290. Acceptance of membership by the United States
The President is hereby authorized to accept membership for the United States in the World Health Organization (hereinafter referred to as the Organization), the constitution of which was adopted in New York on July 22, 1946, by the International Health Conference for the establishment of an International Health Organization, and deposited in the archives of the United Nations.
(June 14, 1948, ch. 469, §1, 62 Stat. 441.)
Statutory Notes and Related Subsidiaries
Participation of Taiwan in the World Health Organization
Pub. L. 108–235, §1, June 14, 2004, 118 Stat. 656, as amended by Pub. L. 117–124, §1(b)(1), May 13, 2022, 136 Stat. 1203, provided that:
"(a)
"(1) Good health is important to every citizen of the world and access to the highest standards of health information and services is necessary to improve the public health.
"(2) Direct and unobstructed participation in international health cooperation forums and programs is beneficial for all parts of the world, especially today with the great potential for the cross-border spread of various infectious diseases such as the human immunodeficiency virus (HIV), tuberculosis, and malaria.
"(3) Taiwan's population of 23,500,000 people is greater than that of ¾ of the member states already in the World Health Organization (WHO).
"(4) Taiwan's achievements in the field of health are substantial, including—
"(A) attaining—
"(i) 1 of the highest life expectancy levels in Asia; and
"(ii) maternal and infant mortality rates comparable to those of western countries;
"(B) eradicating such infectious diseases as cholera, smallpox, the plague, and polio; and
"(C) providing children with hepatitis B vaccinations.
"(5) The United States Centers for Disease Control and Prevention and its counterpart agencies in Taiwan have enjoyed close collaboration on a wide range of public health issues.
"(6) In recent years Taiwan has expressed a willingness to assist financially and technically in international aid and health activities supported by the WHO.
"(7) On January 14, 2001, an earthquake, registering between 7.6 and 7.9 on the Richter scale, struck El Salvador. In response, the Taiwanese Government sent 2 rescue teams, consisting of 90 individuals specializing in firefighting, medicine, and civil engineering. The Taiwanese Ministry of Foreign Affairs also donated $200,000 in relief aid to the Salvadoran Government.
"(8) The World Health Assembly has allowed observers to participate in the activities of the organization, including the Palestine Liberation Organization in 1974, the Order of Malta, and the Holy See in the early 1950's.
"(9) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan's participation in appropriate international organizations.
"(10) Public Law 106–137 [113 Stat. 1691] required the Secretary of State to submit a report to Congress on efforts by the executive branch to support Taiwan's participation in international organizations, in particular the WHO.
"(11) In light of all benefits that Taiwan's participation in the WHO can bring to the state of health not only in Taiwan, but also regionally and globally, Taiwan and its 23,500,000 people should have appropriate and meaningful participation in the WHO.
"(12) On May 11, 2001, President Bush stated in a letter to Senator Murkowski that the United States 'should find opportunities for Taiwan's voice to be heard in international organizations in order to make a contribution, even if membership is not possible', further stating that the administration 'has focused on finding concrete ways for Taiwan to benefit and contribute to the WHO'.
"(13) In his speech made in the World Medical Association on May 14, 2002, Secretary of Health and Human Services Tommy Thompson announced 'America's work for a healthy world cuts across political lines. That is why my government supports Taiwan's efforts to gain observership status at the World Health Assembly. We know this is a controversial issue, but we do not shrink from taking a public stance on it. The people of Taiwan deserve the same level of public health as citizens of every nation on earth, and we support them in their efforts to achieve it'.
"(14) The Government of the Republic of China on Taiwan, in response to an appeal from the United Nations and the United States for resources to control the spread of HIV/AIDS, donated $1,000,000 to the Global Fund to Fight AIDS, Tuberculosis, and Malaria in December 2002.
"(15) In 2003, the outbreak of Severe Acute Respiratory Syndrome (SARS) caused 84 deaths in Taiwan.
"(16) Avian influenza, commonly known as bird flu, has reemerged in Asia, with strains of the influenza reported by the People's Republic of China, Cambodia, Indonesia, Japan, Pakistan, South Korea, Taiwan, Thailand, Vietnam, and Laos.
"(17) The SARS and avian influenza outbreaks illustrate that disease knows no boundaries and emphasize the importance of allowing all people access to the WHO.
"(18) As the pace of globalization quickens and the spread of infectious disease accelerates, it is crucial that all people, including the people of Taiwan, be given the opportunity to participate in international health organizations such as the WHO.
"(19) The Secretary of Health and Human Services acknowledged during the 2003 World Health Assembly meeting that '[t]he need for effective public health exists among all peoples'.
"(b)
"(1) initiate a United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly each year in Geneva, Switzerland;
"(2) instruct the United States delegation to the World Health Assembly in Geneva to implement that plan; and
"(3) introduce a resolution in support of observer status for Taiwan at the summit of the World Health Assembly.
"(c)
"(1) An account of the efforts the Secretary of State has made, following the last meeting of the World Health Assembly, to encourage WHO member states to promote Taiwan's bid to obtain observer status.
"(2) The steps the Secretary of State will take to endorse and obtain observer status at the next annual meeting of the World Health Assembly in Geneva, Switzerland.
"(3) An account of the changes and improvements the Secretary of State has made to the United States plan to endorse and obtain observer status for Taiwan at the World Health Assembly, following any annual meetings of the World Health Assembly at which Taiwan did not obtain observer status."
[Pub. L. 117–124, §1(b)(2), May 13, 2022, 136 Stat. 1203, provided that: "The amendment made by paragraph (1) [amending section 1 of Pub. L. 108–235, set out above] shall take effect and apply beginning with the first report required under subsection (c) of section 1 of the Act entitled, 'To address the participation of Taiwan in the World Health Organization' (Public Law 108–235; 22 U.S.C. 290 note) that is submitted after the date of the enactment of this Act [May 13, 2022]."]
Executive Documents
International Health Administration
Ex. Ord. No. 10399, Sept. 29, 1952, 17 F.R. 8648, designated Surgeon General to perform certain duties under International Sanitary Regulations of World Health Organization.
§290a. Designation of representatives and alternates; compensation; loyalty checkup
The President shall designate from time to time to attend a specified session or specified sessions of the World Health Assembly of the Organization not to exceed three delegates of the United States and such number of alternates as he may determine consistent with the rules of procedure of the World Health Assembly. One of the delegates shall be designated as the chief delegate. Whenever the United States becomes entitled to designate a person to serve on the Executive Board of the Organization, under article 24 of the constitution of the Organization, the President shall designate a representative of the United States, by and with the advice and consent of the Senate, and may designate not to exceed one alternate to attend sessions of the Executive Board. Such representative must be a graduate of a recognized medical school and have spent not less than three years in active practice as a physician or surgeon. Such representative and any such alternate shall each be entitled to receive compensation at one of the rates established under section 3962 or 3963 of this title, for such period or periods as the President may specify, except that no Member of the Senate or House of Representatives or officer of the United States who is thus designated shall be entitled to receive such compensation: Provided, That no person shall serve as such representative, delegate, or alternate until such person has been investigated as to loyalty and security by the Director of the Office of Personnel Management.
(June 14, 1948, ch. 469, §2, 62 Stat. 441; Apr. 5, 1952, ch. 159, §1, 66 Stat. 43; Pub. L. 87–793, §1001(i), Oct. 11, 1962, 76 Stat. 865; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–465, title II, §2206(a)(4), Oct. 17, 1980, 94 Stat. 2161.)
Editorial Notes
Amendments
1980—Pub. L. 96–465 substituted "established under section 3962 or 3963 of this title" for "provided by section 867 of this title,".
1962—Pub. L. 87–793 substituted "Such representative and any such alternate shall each be entitled to receive compensation at one of the rates provided by section 867 of this title" for "Such representative shall be entitled to receive compensation at a rate not to exceed $12,000 per annum and any such alternate shall be entitled to receive compensation at a rate not to exceed $10,000 per annum."
1952—Act Apr. 5, 1952, substituted "Civil Service Commission" for "Federal Bureau of Investigation".
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–793 effective on first day of first pay period which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87–793.
Executive Documents
Transfer of Functions
"Director of the Office of Personnel Management" substituted in text for "Civil Service Commission" pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.
§290b. Authorization of appropriations; payment of salaries and expenses
There are hereby authorized to be appropriated to the Department of State for contribution to the working capital fund of the organization the sum of $560,000 and as annual appropriations the following:
(a) such sums as may be necessary for the payment by the United States of its share of the expenses of the Organization as apportioned by the Health Assembly in accordance with article 56 of the constitution of the Organization, except that payments by the United States for any fiscal year of the Organization after 1958 shall not exceed 331/3 per centum of the total assessments of active members of the Organization for such fiscal year; and
(b) such additional sums, not to exceed $83,000 for the fiscal year beginning July 1, 1947, as may be necessary to pay the expenses incident to participation by the United States in the activities of the Organization, including—
(1) salaries of the representative and alternate provided for in section 290a of this title, and appropriate staff, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5; services as authorized by section 3109 of title 5; under such rules and regulations as the Secretary of State may prescribe, allowances for living quarters, including heat, fuel, and light and cost of living allowances to persons temporarily stationed abroad; printing and binding without regard to section 501 of title 44 and section 6101 of title 41; and
(2) such other expenses as the Secretary of State deems necessary to participation by the United States in the activities of the Organization: Provided, That the provisions of section 287r of this title, and regulations thereunder, applicable to expenses incurred pursuant to subchapter XVII of this chapter shall be applicable to any expenses incurred pursuant to this paragraph.
(June 14, 1948, ch. 469, §3, 62 Stat. 441; Oct. 28, 1949, ch. 782, title II, §202(2), title XI, §1106(a), 63 Stat. 954, 972; Sept. 21, 1950, ch. 976, §1(d), 64 Stat. 902; Aug. 26, 1954, ch. 937, title IV, §419, as added July 8, 1955, ch. 301, §8(j), 69 Stat. 288.)
Editorial Notes
References in Text
Subchapter XVII [§287m et seq.] of this chapter, referred to in subsec. (b)(2), was in the original a reference to the Act of July 30, 1946, Public Law 565, Seventy-ninth Congress.
Codification
In subsec. (b)(1), "chapter 51 and subchapter III of chapter 53 of title 5" and "section 3109 of title 5" substituted for "the Classification Act of 1949" and "section 15 of Public Law 600, Seventy–ninth Congress [5 U.S.C. 55a]", respectively, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5, Government Organization and Employees.
In subsec. (b)(1), "section 501 of title 44" substituted for "section 11 of the Act of March 1, 1919 (44 U.S.C. 111)," on authority of Pub. L. 90–620, §2(b), Oct. 22, 1968, 82 Stat. 1305, which Act enacted Title 44, Public Printing and Documents.
In subsec. (b)(1), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes, as amended" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1955—Subsec. (a). Act July 8, 1955, removed limitation of $3,000,000 which may be appropriated annually, and limited payments by United States to not more than 331/3 per centum of total assessments.
1950—Opening par. amended by Joint Res. Sept. 21, 1950, §1(d)(1), to provide for a contribution of $560,000 to working capital fund.
Subsec. (a). Joint Res. Sept. 21, 1950, §1(d)(2), increased authorized annual appropriation from $1,920,000 to $3,000,000.
1949—Subsec. (b)(1). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Repeals
Pub. L. 85–141, §8(n), Aug. 14, 1957, 71 Stat. 362, repealed section 419 of act Aug. 26, 1954, cited as a credit to this section, except insofar as section 419 affected this section.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
Annual Appropriations
Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
Limitation of Contributions
Contributions by United States, except for special projects, limited to amount provided by Joint Res. Sept. 21, 1950; consent by State Department and reports to Congress, see section 262a of this title.
§290c. Withdrawal from Organization on one-year notice
In adopting this subchapter the Congress does so with the understanding that, in the absence of any provision in the World Health Organization Constitution for withdrawal from the Organization, the United States reserves its right to withdraw from the Organization on a one-year notice: Provided, however, That the financial obligations of the United States to the Organization shall be met in full for the Organization's current fiscal year.
(June 14, 1948, ch. 469, §4, 62 Stat. 442.)
§290d. Enactment of specific legislation by Congress
In adopting this subchapter, the Congress does so with the understanding that nothing in the Constitution of the World Health Organization in any manner commits the United States to enact any specific legislative program regarding any matters referred to in said Constitution.
(June 14, 1948, ch. 469, §5, 62 Stat. 442.)
§290e. Congressional declaration of policy
The Congress of the United States, recognizing that the diseases of mankind, because of their widespread prevalence, debilitating effects, and heavy toll in human life, constitute a major deterrent to the efforts of many peoples to develop their economic resources and productive capacities, and to improve their living conditions, declares it to be the policy of the United States to continue and strengthen mutual efforts among the nations for research against diseases such as heart disease and cancer. In furtherance of this policy, the Congress invites the World Health Organization to initiate studies looking toward the strengthening of research and related programs against these and other diseases common to mankind or unique to individual regions of the globe.
(June 14, 1948, ch. 469, §6, as added Pub. L. 85–477, ch. V, §502(m), June 30, 1958, 72 Stat. 275.)
§290e–1. International Agency for Research on Cancer; authorization of appropriations; limitation
There are hereby authorized to be appropriated such sums as may be necessary for the annual payment by the United States of its share of the expenses of the International Agency for Research on Cancer as determined in accordance with article VIII of the Statute of the International Agency for Research on Cancer, except that in no event shall that payment for any year exceed 16 per centum of all contributions assessed Participating Members of the Agency for that year.
(Pub. L. 92–494, Oct. 14, 1972, 86 Stat. 811.)
SUBCHAPTER XXI—INTER-AMERICAN FOUNDATION
§290f. Inter-American Foundation
(a) Establishment
There is created as an agency of the United States of America a body corporate to be known as the Inter-American Foundation (hereinafter in this section referred to as the "Foundation").
(b) Congressional declaration of purpose
The future of freedom, security, and economic development in the Western Hemisphere rests on the realization that man is the foundation of all human progress. It is the purpose of this section to provide support for developmental activities designed to achieve conditions in the Western Hemisphere under which the dignity and the worth of each human person will be respected and under which all men will be afforded the opportunity to develop their potential, to seek through gainful and productive work the fulfillment of their aspirations for a better life, and to live in justice and peace. To this end, it shall be the purpose of the Foundation, primarily in cooperation with private, regional, and international organizations, to—
(1) strengthen the bonds of friendship and understanding among the peoples of this hemisphere;
(2) support self-help efforts designed to enlarge the opportunities for individual development;
(3) stimulate and assist effective and ever wider participation of the people in the development process;
(4) encourage the establishment and growth of democratic institutions, private and governmental, appropriate to the requirements of the individual sovereign nations of this hemisphere.
In pursuing these purposes, the Foundation shall place primary emphasis on the enlargement of educational opportunities at all levels, the production of food and the development of agriculture, and the improvement of environmental conditions relating to health, maternal and child care, family planning, housing, free trade union development, and other social and economic needs of the people.
(c) Programs and projects to achieve purposes
The Foundation shall carry out the purposes set forth in subsection (b) of this section primarily through and with private organizations, individuals, and international organizations by undertaking or sponsoring appropriate research and by planning, initiating, assisting, financing, administering, and executing programs and projects designed to promote the achievement of such purposes.
(d) Coordination of activities with national and international agencies
In carrying out its functions under this section, the Foundation shall, to the maximum extent possible, coordinate its undertakings with the developmental activities in the Western Hemisphere of the various organs of the Organization of American States, the United States Government, international organizations, and other entities engaged in promoting social and economic development of Latin America.
(e) Powers and functions
The Foundation, as a corporation—
(1) shall have perpetual succession unless sooner dissolved by an Act of Congress;
(2) may adopt, alter, and use a corporate seal, which shall be judicially noticed;
(3) may make and perform contracts and other agreements with any individual, corporation, or other body of persons however designated whether within or without the United States of America, and with any government or governmental agency, domestic or foreign;
(4) shall determine and prescribe the manner in which its obligations shall be incurred and its expenses, including expenses for representation (not to exceed $10,000 in any fiscal year), allowed and paid;
(5) may, as necessary for the transaction of the business of the Foundation, employ and fix the compensation of not to exceed one hundred persons at any one time;
(6) may acquire by purchase, devise, bequest, or gift, or otherwise lease, hold, and improve, such real and personal property as it finds to be necessary to its purposes, whether within or without the United States, and in any manner dispose of all such real and personal property held by it and use as general funds all receipts arising from the disposition of such property;
(7) shall be entitled to the use of the United States mails in the same manner and on the same conditions as the executive departments of the Government;
(8) may, with the consent of any board, corporation, commission, independent establishment, or executive department of the Government, including any field service thereof, avail itself of the use of information, services, facilities, officers, and employees thereof in carrying out the provisions of this section;
(9) may accept money, funds, property, and services of every kind by gift, device,1 bequest, grant, or otherwise, and make advances, grants, and loans to any individual, corporation, or other body of persons, whether within or without the United States of America, or to any government or governmental agency, domestic or foreign, when deemed advisable by the Foundation in furtherance of its purposes;
(10) may sue and be sued, complain, and defend, in its corporate name in any court of competent jurisdiction; and
(11) shall have such other powers as may be necessary and incident to carrying out its powers and duties under this section.
(f) Disposal of assets on liquidation
Upon termination of the corporate life of the Foundation all of its assets shall be liquidated and, unless otherwise provided by Congress, shall be transferred to the United States Treasury as the property of the United States.
(g) Board of directors; number, term, and appointment
The management of the Foundation shall be vested in a board of directors (hereafter in this section referred to as the "Board") composed of nine members appointed by the President, by and with the advice and consent of the Senate, one of whom he shall designate to serve as Chairman of the Board and one of whom he shall designate to serve as Vice Chairman of the Board. Six members of the Board shall be appointed from private life. Three members of the Board shall be appointed from among the following: officers or employees of agencies of the United States concerned with inter-American affairs, the United States Executive Director of the Inter-American Development Bank, or the Alternate Executive Director of the Inter-American Development Bank. Members of the Board shall be appointed for terms of six years, except that of the members first appointed two shall be appointed for terms of two years and two shall be appointed for terms of four years, as designated by the President at the time of their appointment. A member of the Board appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term; but upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified. Members of the Board shall be eligible for reappointment. All individuals appointed to the Board shall possess an understanding of and sensitivity to community level development processes. No more than 5 members of the Board may be members of any one political party.
(h) Reimbursement of expenses
Members of the Board shall serve without additional compensation, but shall be reimbursed for travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, while engaged in their duties on behalf of the corporation.
(i) Board; authority
The Board shall direct the exercise of all the powers of the Foundation.
(j) Rules and regulations; quorum of the Board
The Board may prescribe, amend, and repeal bylaws, rules, and regulations governing the manner in which the business of the Foundation may be conducted and in which the powers granted to it by law may be exercised and enjoyed. A majority of the Board shall be required as a quorum.
(k) Authority of the Board to appoint committees
In furtherance and not in limitation of the powers conferred upon it, the Board may appoint such committees for the carrying out of the work of the Foundation as the Board finds to be for the best interests of the Foundation, each committee to consist of two or more members of the Board, which committees, together with officers and agents duly authorized by the Board and to the extent provided by the Board, shall have and may exercise the powers of the Board in the management of the business and affairs of the Foundation.
(l) President of Foundation: appointment and compensation; employment of experts and consultants
(1) The chief executive officer of the Foundation shall be a President who shall be appointed by the Board of Directors on such terms as the Board may determine. The President shall receive compensation at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.
(2) Experts and consultants, or organizations thereof, may be employed as authorized by section 3109 of title 5.
(m) Establishment of Council; consultation by the Board; reimbursement of expenses of members of the Council
In order to further the purposes of the Foundation there shall be established a Council to be composed of such number of individuals as may be selected by the Board from among individuals knowledgeable concerning developmental activities in the Western Hemisphere. The Board shall, from time to time, consult with the Council concerning the objectives of the Foundation. Members of the Council shall receive no compensation for their services but shall be entitled to reimbursement in accordance with section 5703 of title 5 for travel and other expenses incurred by them in the performance of their functions under this subsection.
(n) Nonprofit nature of the Foundation; conflict of interests
The Foundation shall be a nonprofit corporation and shall have no capital stock. No part of its revenue earnings, or other income or property shall inure to the benefit of its directors, officers, and employees and such revenue, earnings, or other income, or property shall be used for the carrying out of the corporate purposes set forth in this section. No director, officer, or employee of the corporation shall in any manner directly or indirectly participate in the deliberation upon or the determination of any question affecting his personal interests or the interests of any corporation, partnership, or organization in which he is directly or indirectly interested.
(o) Personnel; service in foreign governments or agencies
When approved by the Foundation, in furtherance of its purpose, the officers and employees of the Foundation may accept and hold offices or positions to which no compensation is attached with governments or governmental agencies of foreign countries.
(p) Service of employees of other agencies in the Foundation; rights and privileges
The Secretary of State shall have authority to detail employees of any agency under his jurisdiction to the Foundation under such circumstances and upon such conditions as he may determine. Any such employee so detailed shall not lose any privileges, rights, or seniority as an employee of any such agency by virtue of such detail.
(q) Establishment of principal and branch offices
The Foundation shall maintain its principal office in the metropolitan Washington, D.C., area. The Foundation may establish agencies, branch offices, or other offices in any place or places outside the United States in which the Foundation may carry on all or any of its operations and business.
(r) Exemption from tax
The Foundation, including its franchise and income, shall be exempt from taxation now or hereafter imposed by the United States, or any territory or possession thereof, or by any State, county, municipality, or local taxing authority.
(s) Authorization of appropriations
(1) Notwithstanding any other provision of law, not to exceed an aggregate amount of $50,000,000 of the funds made available for the fiscal years 1970 and 1971 to carry out part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] shall be available to carry out the purposes of this section. Funds made available to carry out the purposes of this section under the preceding sentence are authorized to remain available until expended.
(2) There are authorized to be appropriated $28,800,000 for fiscal year 1992 and $31,000,000 for fiscal year 1993 to carry out this section. Amounts appropriated under this paragraph are authorized to remain available until expended.
(t) Application of chapter 91 of title 31
The Foundation shall be subject to the provisions of chapter 91 of title 31.
(u) Interest on funds invested pending disbursement
When, with the permission of the Foundation, funds made available to a grantee under this section are invested pending disbursement, the resulting interest is not required to be deposited in the United States Treasury if the grantee uses the resulting interest for the purposes for which the grant was made. This subsection applies with respect to both interest earned before and interest earned after August 24, 1982.
(v) Travel expenses
Funds made available to the Foundation may be used for the expenses described in section 1345 of title 31 (relating to travel, transportation, and subsistence expenses for meetings).
(w) Printing expenses
Funds made available to the Foundation may be used for printing and binding without regard to section 501 of title 44.
(Pub. L. 91–175, pt. IV, §401, Dec. 30, 1969, 83 Stat. 821; Pub. L. 92–226, pt. IV, §406(2)–(5), Feb. 7, 1972, 86 Stat. 34; Pub. L. 95–105, title V, §508, Aug. 17, 1977, 91 Stat. 859; Pub. L. 97–241, title V, §501, Aug. 24, 1982, 96 Stat. 297; Pub. L. 98–164, title X, §1001, Nov. 22, 1983, 97 Stat. 1051; Pub. L. 99–83, title VII, §708, Aug. 8, 1985, 99 Stat. 243; Pub. L. 99–529, title II, §202(e), title IV, §403(a), Oct. 24, 1986, 100 Stat. 3012, 3019; Pub. L. 101–246, title VI, §601, Feb. 16, 1990, 104 Stat. 73; Pub. L. 102–138, title I, §173(a), (b)(1), (c), (d), Oct. 28, 1991, 105 Stat. 679, 680; Pub. L. 110–38, §1, June 21, 2007, 121 Stat. 230.)
Editorial Notes
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (s)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Foreign Assistance Act of 1961 is classified generally to subchapter I (§2151 et seq.) of chapter 32 of this title. For provisions deeming references to subchapter I to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of chapter 32, see section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Codification
Repeal of section by Pub. L. 106–113, div. B, §1000(a)(2) [title V, §586(c)(2)], Nov. 29, 1999, 113 Stat. 1535, 1501A-118, did not become effective pursuant to section 1000(a)(2) [title V, §586] of div. B of Pub. L. 106–113, formerly set out as an Abolition of the Inter-American Foundation note below.
In subsec. (t), "chapter 91 of title 31" substituted for "the Government Corporation Control Act [31 U.S.C. 841 et seq.]" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Amendments
2007—Subsec. (g). Pub. L. 110–38 amended third sentence generally. Prior to amendment, third sentence read as follows: "Three members of the Board shall be appointed from among officers or employees of agencies of the United States concerned with inter-American affairs."
1991—Subsec. (g). Pub. L. 102–138, §173(b)(1), inserted provision at end that all individuals appointed to the Board possess an understanding of and sensitivity to community level development processes and that no more than 5 members of the Board be of any one political party.
Subsec. (q). Pub. L. 102–138, §173(c), amended subsec. (q) generally. Prior to amendment, subsec. (q) read as follows: "The Foundation shall establish a principal office. The Foundation is authorized to establish agencies, branch offices, or other offices in any place or places within the United States or elsewhere in any of which locations the Foundation may carry on all or any of its operations and business."
Subsec. (s)(2). Pub. L. 102–138, §173(a), amended first sentence generally, substituting present provisions for provisions authorizing appropriations of $16,932,000 for fiscal year 1990 and $25,000,000 for fiscal year 1991.
Subsecs. (v), (w). Pub. L. 102–138, §173(d), added subsecs. (v) and (w).
1990—Subsec. (s)(2). Pub. L. 101–246 amended first sentence generally, substituting "$16,932,000 for the fiscal year 1990 and $25,000,000 for the fiscal year 1991" for "$11,969,000 for fiscal year 1986 and $12,969,000 for fiscal year 1987 (not less than $1,000,000 of which shall be for Haiti)".
1986—Subsec. (g). Pub. L. 99–529, §403(a), substituted "nine members" for "seven members" and "Six members" for "Four members".
Subsec. (s)(2). Pub. L. 99–529, §202(e), substituted "$12,969,000 for fiscal year 1987 (not less than $1,000,000 of which shall be for Haiti)" for "$11,969,000 for fiscal year 1987".
1985—Subsec. (s)(2). Pub. L. 99–83 substituted provisions authorizing appropriations of $11,969,000 for each of fiscal years 1986 and 1987, for provisions authorizing appropriations of $16,000,000 for each of fiscal years 1984 and 1985.
1983—Subsec. (s)(2). Pub. L. 98–164 substituted "$16,000,000 for the fiscal year 1984 and $16,000,000 for the fiscal year 1985" for "$12,000,000 for the fiscal year 1982 and $12,800,000 for the fiscal year 1983".
1982—Subsec. (h). Pub. L. 97–241, §501(b), substituted "travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5" for "actual and necessary expenses not in excess of $50 per day, and for transportation expenses".
Subsec. (s)(2). Pub. L. 97–241, §501(a), substituted "$12,000,000 for the fiscal year 1982 and $12,800,000 for the fiscal year 1983" for "$25,000,000 for each of the fiscal years 1979 and 1980".
Subsec. (u). Pub. L. 97–241, §501(c), added subsec. (u).
1977—Subsec. (s). Pub. L. 95–105 designated existing provisions as par. (1) and added par. (2).
1972—Pub. L. 92–226, §406(3), substituted "Foundation" for "Institute" wherever appearing in subsecs. (b) to (g), (i), (j) to (r), and (t).
Subsec. (a). Pub. L. 92–226, §406(2), substituted "Inter-American Foundation" and "Foundation" for "Inter-American Social Development Institute" and "Institute".
Subsec. (e)(4). Pub. L. 92–226, §406(4), inserted ", including expenses for representation (not to exceed $10,000 in any fiscal year),".
Subsec. (l). Pub. L. 92–226, §406(5), designated existing provisions as par. (1), substituted "Foundation" for "Institute" and "President" for "Executive Director" in two places, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Pub. L. 99–529, title IV, §403(b), Oct. 24, 1986, 100 Stat. 3019, provided that: "The amendments made by subsection (a) [amending this section] shall take effect 120 days after the date of enactment of this Act [Oct. 24, 1986]."
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
Short Title
Pub. L. 91–175, pt. IV, Dec. 30, 1969, 83 Stat. 821, as amended by Pub. L. 92–226, pt. IV, §406(1), Feb. 7, 1972, 86 Stat. 34, which enacted this section, designated as the "Inter-American Foundation Act".
Abolition of Inter-American Foundation
Pub. L. 106–113, div. B, §1000(a)(2) [title V, §586], Nov. 29, 1999, 113 Stat. 1535, 1501A-117, as amended by Pub. L. 106–429, §101(a) [title V, §591], Nov. 6, 2000, 114 Stat. 1900, 1900A-59, authorized the President, during fiscal years 2000 and 2001, to abolish the Inter-American Foundation, provided for the termination and transfer of functions of the Foundation, disposition of funds, and responsibilities and authorities of the Director of the Office of Management and Budget to take actions necessary to wind-up the affairs of the Foundation, required the Director to certify to Congress the discharge of the Director's responsibilities, directed the repeal of sections 290f and 2182a(d) of this title and the amendment of section 290h of this title and section 36 of Pub. L. 93–189 (22 U.S.C. 1942 note), effective on the date of transmittal to Congress of the Director's certification, and provided that section 1000(a)(2) [title V, §586] of Pub. L. 106–113 would only be effective upon the effective date of the abolition of the Foundation. The President did not exercise his authority to abolish the Inter-American Foundation during fiscal years 2000 and 2001.
Transition Rule for Board Appointments
Pub. L. 102–138, title I, §173(b)(2), Oct. 28, 1991, 105 Stat. 680, provided that: "The requirements established by the amendment made by paragraph (1) [amending this section] do not affect appointments made to the Board of the Inter-American Foundation before the date of enactment of this Act [Oct. 28, 1991]."
1 So in original. Probably should be "devise,".
SUBCHAPTER XXII—AFRICAN DEVELOPMENT FUND
§290g. African Development Fund; United States participation
The President is hereby authorized to accept participation for the United States in the African Development Fund (hereinafter referred to as the "Fund") provided for by the agreement establishing the Fund (hereinafter referred to as the "agreement") deposited in the Archives of the United Nations.
(Pub. L. 94–302, title II, §202, May 31, 1976, 90 Stat. 593.)
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 94–302, title II, §201, May 31, 1976, 90 Stat. 593, provided that: "This title [enacting this subchapter] may be cited as the 'African Development Fund Act'."
§290g–1. Appointment of Governor and Alternate Governor; rank, duties, and compensation
(a) The President shall appoint a Governor, and an Alternate Governor, of the Fund—
(1) by and with the advice and consent of the Senate; or
(2) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate.
(b) The Governor, or in his absence the Alternate Governor, on the instructions of the President, shall cast the votes of the United States for the Director to represent the United States in the Fund. The Director representing the United States and his Alternate, if they are citizens of the United States, may, in the discretion of the President, receive such compensation, allowances, and other benefits not exceeding those authorized for a chief of mission under the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.].
(Pub. L. 94–302, title II, §203, May 31, 1976, 90 Stat. 593; Pub. L. 96–465, title II, §2206(a)(5), Oct. 17, 1980, 94 Stat. 2161; Pub. L. 112–166, §2(bb), Aug. 10, 2012, 126 Stat. 1290.)
Editorial Notes
References in Text
The Foreign Service Act of 1980, referred to in subsec. (b), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
Amendments
2012—Subsec. (a). Pub. L. 112–166 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The President, by and with the advice and consent of the Senate, shall appoint a Governor, and an Alternate Governor, of the Fund."
1980—Subsec. (b). Pub. L. 96–465 substituted "a chief of mission under the Foreign Service Act of 1980" for "a Chief of Mission, class 2, within the meaning of the Foreign Service Act of 1946, as amended".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§290g–2. Law governing reports to the President and the Congress
The provisions of section 286b of this title, shall apply with respect to the Fund to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund.
(Pub. L. 94–302, title II, §204, May 31, 1976, 90 Stat. 594; Pub. L. 101–240, title V, §541(e)(6), Dec. 19, 1989, 103 Stat. 2519.)
Editorial Notes
Amendments
1989—Pub. L. 101–240 struck out at end "Reports with respect to the Fund under paragraphs (5) and (6) of section 286b(b) of this title, shall be included in the first report made thereunder after the United States accepts participation in the Fund."
§290g–3. Specific actions requiring Congressional authorization
Unless Congress by law authorizes such action, neither the President nor any person or agency shall, on behalf of the United States:
(a) agree to an increase in the subscription of the United States to the Fund;
(b) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which would change the purpose or functions of the Fund; or
(c) make a loan or provide other financing to the Fund, except that funds for technical assistance may be provided to the Fund by a United States agency created pursuant to an Act of Congress which is authorized by law to provide funds to international organizations.
(Pub. L. 94–302, title II, §205, May 31, 1976, 90 Stat. 594.)
§290g–4. Authorization of appropriations; repayments and distributions from Fund to Treasury
(a) There is hereby authorized to be appropriated without fiscal year limitation, as the United States subscription, $25,000,000 to be paid by the Secretary of the Treasury to the Fund in three annual installments of $9,000,000, $8,000,000, and $8,000,000.
(b) Any repayment or distribution of moneys from the Fund to the United States shall be covered into the Treasury as a miscellaneous receipt.
(Pub. L. 94–302, title II, §206, May 31, 1976, 90 Stat. 594.)
§290g–5. Federal Reserve banks as depository for the Fund; supervision
Any Federal Reserve bank which is requested to do so by the President shall act as a depository for the Fund, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(Pub. L. 94–302, title II, §207, May 31, 1976, 90 Stat. 594.)
§290g–6. Civil action by or against the Fund; service of process, venue, jurisdiction, removal of actions
For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Fund in accordance with the agreement, the Fund shall be deemed to be an inhabitant of the Federal judicial district in which its principal office or agency appointed for the purpose of accepting service or notice of service is located, and any such action to which the Fund shall be party shall be deemed to arise under the laws of the United States, and the district courts of the United States (including the courts enumerated in section 460 of title 28) shall have original jurisdiction of any such action. When the Fund is defendant in any action in a State court, it may, at any time before the trial thereof, remove such action into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law.
(Pub. L. 94–302, title II, §208, May 31, 1976, 90 Stat. 594.)
§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
The agreement, including without limitation articles 41 through 50, shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon the acceptance of participation by the United States in, and the entry into force of, the Fund. The President, at the time of deposit of the instrument of acceptance of participation of the United States in the Fund, shall also deposit a declaration that the United States retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Fund to its citizens or nationals and may deposit a declaration providing for reservations on other matters set forth in article 58.
(Pub. L. 94–302, title II, §209, May 31, 1976, 90 Stat. 594.)
§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
The President shall instruct the United States Governor of the Fund to cause the Executive Director representing the United States in the Fund to cast the votes of the United States against any loan or other utilization of the funds of the Fund for the benefit of any country which has—
(1) nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens;
(2) taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; or
(3) imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned;
unless the President determines that (A) an arrangement for prompt, adequate, and effective compensation has been made, (B) the parties have submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes, or (C) good faith negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the applicable principles of international law.
(Pub. L. 94–302, title II, §210, May 31, 1976, 90 Stat. 595.)
§290g–9. Repealed. Pub. L. 95–118, title VII, §702, Oct. 3, 1977, 91 Stat. 1070
Section, Pub. L. 94–302, title II, §211, May 31, 1976, 90 Stat. 595; H. Res. 5, Jan. 4, 1977, set forth provisions relating to United States participation in financial assistance by the African Development Fund to any country engaging in a consistent pattern of gross violations of internationally recognized human rights. See section 262d of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as an Effective Date note under section 282i of this title.
§290g–10. Additional authorization for contribution to African Development Fund
(a) Payment of United States contribution; review of payment and voting structure with other donor nations
The United States Governor is authorized to contribute on behalf of the United States $50,000,000 to the African Development Fund, which would represent an additional United States contribution to the first replenishment. The Secretary of the Treasury is directed to begin discussions with other donor nations to the African Development Fund for the purpose of setting amounts and of reviewing and possibly changing the voting structure within the Fund: Provided, however, That any commitment to make such contribution shall be made subject to obtaining the necessary appropriations.
(b) Authorization of appropriations
In order to pay for the United States contribution to the African Development Fund provided for in this section there are authorized to be appropriated without fiscal year limitation $50,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §211, formerly §212, as added Pub. L. 95–118, title VI, §601, Oct. 3, 1977, 91 Stat. 1069; renumbered §211, Pub. L. 96–259, title III, §301(1), June 3, 1980, 94 Stat. 430.)
Editorial Notes
Prior Provisions
A prior section 211 of Pub. L. 94–302 was classified to section 290g–9 of this title prior to repeal by Pub. L. 95–118, title VII, §702, Oct. 3, 1977, 91 Stat. 1070.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 3, 1977, except that no funds authorized to be appropriated by this section may be available for use or obligation prior to Oct. 1, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title.
§290g–11. Additional authorization for payment of United States contribution
(a) United States share
The United States Governor of the Fund is authorized to contribute on behalf of the United States $125,000,000 to the Fund as the United States contribution to the second replenishment of the resources of the Fund, except that any commitment to make such contribution shall be made subject to obtaining the necessary appropriations.
(b) Authorization of appropriations
In order to pay for the United States contribution provided for in this section, there is authorized to be appropriated, without fiscal year limitation, $125,000,000 for payment by the Secretary of the Treasury.
(c) Funding requirements
For the purpose of keeping to a minimum the cost to the United States, the Secretary of the Treasury—
(1) shall pay the United States contribution to the African Development Fund authorized by this section by letter of credit in three annual installments; and
(2) shall take the steps necessary to obtain a certification from the Fund that any undisbursed balances resulting from draw-downs on such letter of credit will not exceed at any time the United States share of expected disbursement requirements for the following three-month period.
(Pub. L. 94–302, title II, §212, as added Pub. L. 96–259, title III, §301(2), June 3, 1980, 94 Stat. 430.)
§290g–12. Additional authorization for payment of United States contribution
(a)(1) The United States Governor of the Fund is authorized to contribute on behalf of the United States $150,000,000 to the Fund as the United States contribution to the third replenishment of the resources of the Fund.
(2) Any commitment to make the contribution authorized in paragraph (1) shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $150,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §213, as added Pub. L. 98–181, title I [title X, §1003], Nov. 30, 1983, 97 Stat. 1286.)
§290g–13. Additional authorization for payment of United States contribution
(a)(1) The United States Governor of the Fund is authorized to contribute $225,000,000 to the fourth replenishment of the resources of the Fund.
(2) Any commitment to make the contribution authorized in paragraph (1) shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $225,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §214, as added Pub. L. 99–190, §101(i) [title I, (a)], Dec. 19, 1985, 99 Stat. 1291, 1294.)
Editorial Notes
Codification
Section 214 of Pub. L. 94–302 is based on section 201 of title II of H.R. 2253, Ninety-ninth Congress, as reported May 15, 1985, and enacted into law by Pub. L. 99–190.
§290g–14. Additional authorization for payment of United States contribution
(a) Contribution authorized
The United States Governor of the Fund is authorized to contribute $315,000,000 to the fifth replenishment of the resources of the Fund, except that such authority shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Authorization of appropriations
In order to pay for the United States contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $315,000,000, for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §215, as added Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36.)
Editorial Notes
Codification
Section 215 of Pub. L. 94–302 is based on section 2 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100–461.
§290g–15. Sixth replenishment
(a) Contribution authorized
The United States Governor of the Fund is authorized to contribute $405,000,000 to the sixth replenishment of the resources of the Fund, except that such authority shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
In order to pay for the United States contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $135,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §216, as added Pub. L. 102–145, §125(c), as added Pub. L. 102–266, §102, Apr. 1, 1992, 106 Stat. 98.)
Statutory Notes and Related Subsidiaries
Subsequent Replenishment
Pub. L. 106–113, div. B, §1000(a)(2) [title V, §594], Nov. 29, 1999, 113 Stat. 1535, 1501A-122, provided in part that the Secretary of the Treasury may contribute on behalf of the United States to the eighth replenishment of the resources of the African Development Fund, and authorized $300,000,000 to be appropriated without fiscal year limitation.
§290g–16. Ninth replenishment
(a) Contribution authority
(1) In general
The United States Governor of the Fund may contribute on behalf of the United States an amount equal to the amount appropriated under subsection (b), pursuant to the resolution of the Fund entitled "The Ninth General Replenishment of Resources of the African Development Fund".
(2) Subject to appropriations
Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury, without fiscal year limitation.
(Pub. L. 94–302, title II, §217, as added Pub. L. 108–199, div. D, title V, §583, Jan. 23, 2004, 118 Stat. 204.)
§290g–17. Tenth replenishment
(a) The United States Governor of the Fund is authorized to contribute on behalf of the United States $407,000,000 to the tenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $407,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §218, as added Pub. L. 109–102, title V, §599C(b), Nov. 14, 2005, 119 Stat. 2243.)
§290g–18. Eleventh replenishment
(a) The United States Governor of the African Development Fund is authorized to contribute on behalf of the United States $468,165,000 to the eleventh replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $468,165,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §219, as added Pub. L. 111–32, title XI, §1109(b), June 24, 2009, 123 Stat. 1901.)
§290g–19. Multilateral Debt Relief Initiative
(a) The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $26,000,000 to the African Development Fund for the purpose of funding debt relief under the Multilateral Debt Relief Initiative in the period governed by the eleventh replenishment of resources of the African Development Fund, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on June 24, 2009.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $26,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §220, as added Pub. L. 111–32, title XI, §1109(b), June 24, 2009, 123 Stat. 1901.)
§290g–20. Twelfth replenishment
(a) The United States Governor of the Fund is authorized to contribute on behalf of the United States $585,000,000 to the twelfth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $585,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §221, as added Pub. L. 112–74, div. I, title VII, §7083(b), Dec. 23, 2011, 125 Stat. 1263.)
§290g–21. Multilateral debt relief
(a) Authorization of contribution
The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $60,000,000 to the African Development Fund for the purpose of funding debt relief costs under the Multilateral Debt Relief Initiative incurred in the period governed by the twelfth replenishment of resources of the African Development Fund, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on December 23, 2011.
(b) Appropriations
In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $60,000,000 for payment by the Secretary of the Treasury.
(c) Multilateral Debt Relief Initiative
In this section, the term "Multilateral Debt Relief Initiative" means the proposal set out in the G8 Finance Ministers' Communiqué entitled "Conclusions on Development", done at London, June 11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit on July 8, 2005.
(Pub. L. 94–302, title II, §222, as added Pub. L. 112–74, div. I, title VII, §7083(b), Dec. 23, 2011, 125 Stat. 1263.)
§290g–22. Thirteenth replenishment
(a) The United States Governor of the Fund is authorized to contribute on behalf of the United States $585,000,000 to the thirteenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $585,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §223, as added Pub. L. 113–235, div. J, title VII, §7083(c), Dec. 16, 2014, 128 Stat. 2684.)
§290g–23. Multilateral debt relief
(a) The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $54,620,000 to the African Development Fund for the purpose of funding debt relief costs under the Multilateral Debt Relief Initiative incurred in the period governed by the thirteenth replenishment of resources of the African Development Fund, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on December 16, 2014.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $54,620,000 for payment by the Secretary of the Treasury.
(c) In this section, the term "Multilateral Debt Relief Initiative" means the proposal set out in the G8 Finance Ministers' Communique entitled "Conclusions on Development," done at London, June 11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit on July 8, 2005.
(Pub. L. 94–302, title II, §224, as added Pub. L. 113–235, div. J, title VII, §7083(c), Dec. 16, 2014, 128 Stat. 2685.)
§290g–24. Fourteenth replenishment
(a) The United States Governor of the Fund is authorized to contribute on behalf of the United States $513,900,000 to the fourteenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $513,900,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §225, as added Pub. L. 115–141, div. K, title VII, §7083(c), Mar. 23, 2018, 132 Stat. 966.)
§290g–25. Fifteenth replenishment
(a) In general
The United States Governor of the Fund is authorized to contribute on behalf of the United States $513,900,000 to the fifteenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) Authorization of appropriations
In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $513,900,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §226, as added Pub. L. 116–136, div. B, title XI, §21012(b)(4), Mar. 27, 2020, 134 Stat. 594.)
§290g–26. Sixteenth replenishment
(a) In general
The United States Governor of the Fund is authorized to contribute on behalf of the United States $591,000,000 to the sixteenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.
(b) Authorization of appropriations
In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $591,000,000 for payment by the Secretary of the Treasury.
(Pub. L. 94–302, title II, §227, as added Pub. L. 118–47, div. F, title VII, §7070, Mar. 23, 2024, 138 Stat. 850.)
SUBCHAPTER XXIII—UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
§290h. Congressional findings
The Congress finds that—
(1) social and economic development ultimately depends on the active participation of individuals within a society and on the enhancement of opportunities for those individuals;
(2) the development of individuals and institutions in African countries can benefit by the provision of support for community-based self-help activities;
(3) by enacting title IX of chapter 2 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2218], and recent amendments to that Act, the Congress has sought to enable the poor to participate in the process of development;
(4) the Inter-American Foundation, established by Congress in the Foreign Assistance Act of 1969 [22 U.S.C. 290f], to support the efforts of the people of Latin America and the Caribbean to solve their development problems, has demonstrated a successful approach to development; and
(5) an African Development Foundation similar in structure to the Inter-American Foundation, but adapted to the specific needs of Africa, can complement current United States development programs in Africa.
(Pub. L. 96–533, title V, §502, Dec. 16, 1980, 94 Stat. 3151; Pub. L. 106–113, div. B, §1000(a)(2) [title V, §586(h)(1)], Nov. 29, 1999, 113 Stat. 1535, 1501A-119.)
Editorial Notes
References in Text
The Foreign Assistance Act of 1961, referred to in par. (3), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Title IX of chapter 2 of part I of the Foreign Assistance Act of 1961 is classified generally to subpart IX of part II of subchapter I (§2218) 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.
The Foreign Assistance Act of 1969, referred to in par. (4), is Pub. L. 91–175, Dec. 30, 1969, 83 Stat. 805. The Inter-American Foundation was established by section 401 of that Act, which is classified to section 290f 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
Amendment by Pub. L. 106–113, div. B, §1000(a)(2) [title V, §586(h)(1)], Nov. 29, 1999, 113 Stat. 1535, 1501A-119, directing the repeal of pars. (4) and (5) of this section did not become effective pursuant to section 1000(a)(2) [title V, §586] of div. B of Pub. L. 106–113, formerly set out as an Abolition of the Inter-American Foundation note under section 290f of this title.
Statutory Notes and Related Subsidiaries
Change of Name
African Development Foundation changed to United States African Development Foundation by Pub. L. 113–76, div. K, title III, Jan. 17, 2014, 128 Stat. 482. See section 290h–1 of this title.
Short Title
Pub. L. 96–533, title V, §501, Dec. 16, 1980, 94 Stat. 3151, provided: "This title [enacting this subchapter] may be cited as the 'African Development Foundation Act'."
§290h–1. United States African Development Foundation
(a) Establishment of Foundation
There is established a body corporate to be known as the "United States African Development Foundation" (hereafter in this subchapter referred to as the "Foundation").
(b) Principal and branch offices
The Foundation shall establish a principal office in the United States and may establish such branch offices in Africa as may be necessary to carry out its functions.
(Pub. L. 96–533, title V, §503, Dec. 16, 1980, 94 Stat. 3152; Pub. L. 113–76, div. K, title III, Jan. 17, 2014, 128 Stat. 482.)
Editorial Notes
Amendments
2014—Pub. L. 113–76 inserted "United States" before "African Development".
§290h–2. Congressional declaration of purposes
(a) Purposes of Foundation
In order to enable the people of African countries to develop their potential, fulfill their aspirations, and enjoy better, more productive lives, the purposes of the Foundation shall be—
(1) to strengthen the bonds of friendship and understanding between the people of Africa and the United States;
(2) to support self-help activities at the local level designed to enlarge opportunities for community development;
(3) to stimulate and assist effective and expanding participation of Africans in their development process; and
(4) to encourage the establishment and growth of development institutions which are indigenous to particular countries in Africa and which can respond to the requirements of the poor in those countries.
(b) Implementation
The Foundation shall carry out the purposes specified in subsection (a) in cooperation with, and in response to, organizations indigenous to Africa which are representative of the needs and aspirations of the poor in Africa and, in carrying out such purposes, the Foundation shall, to the extent possible, coordinate its development assistance activities with the activities of the United States Government and private, regional, and international organizations.
(Pub. L. 96–533, title V, §504, Dec. 16, 1980, 94 Stat. 3152.)
§290h–3. Functions of Foundation
(a) Types of programs; project limitations; dissemination of project insights
(1) In order to carry out the purposes set forth in section 290h–2 of this title, the Foundation may make grants, loans, and loan guarantees to any African private or public group (including public international organizations), association, or other entity engaged in peaceful activities for—
(A) the fostering of local development institutions and the support of development efforts initiated by communities themselves;
(B) the development of self-evaluation techniques by participants in projects supported under this section, for the purpose of transferring experience gained in such projects to similar development activities;
(C) development research by Africans and the transfer of development resources, expertise, and knowledge within Africa;
(D) the procurement of such technical or other assistance as is deemed appropriate by the recipient of such grant, loan, or guarantee, to carry out the purposes of this subchapter; and
(E) other projects that would carry out the purposes set forth in section 290h–2 of this title.
(2) The total amount of grants, loans, and loan guarantees that may be made under this section for a project may not exceed $250,000.
(3) The Foundation may disseminate to the American public and to United States and multilateral development institutions insights gained from African development projects assisted under this subchapter.
(b) Community project priorities; disbursement of funds by recipients to other African entities
In making grants, loans, and loan guarantees under subsection (a), the Foundation shall give priority to projects which community groups undertake to foster their own development and in the initiation, design, implementation, and evaluation of which there is the maximum feasible participation of the poor. Where appropriate and in keeping with the purposes of this subchapter, the Foundation may make such grants, loans, and loan guarantees to African entities which are representative and knowledgeable of, and sensitive to, the needs and aspirations of the poor and which would disburse funds acquired under such grants, loans, and loan guarantees to other African entities to carry out the purposes of this subchapter.
(Pub. L. 96–533, title V, §505, Dec. 16, 1980, 94 Stat. 3152; Pub. L. 100–461, title II, §201, Oct. 1, 1988, 102 Stat. 2268–13.)
Editorial Notes
Amendments
1988—Subsec. (a)(1). Pub. L. 100–461 inserted "(including public international organizations)" after "public group".
§290h–4. Powers of Foundation
(a) General provisions
The Foundation, as a corporation—
(1) shall have perpetual succession unless dissolved by an Act of Congress;
(2) may sue and be sued, complain, and defend, in its corporate name in any court of competent jurisdiction;
(3) may adopt, alter, and use a seal, which shall be judicially noticed;
(4) may prescribe, amend, and repeal such rules and regulations as may be necessary for carrying out the functions of the Foundation;
(5) may make and perform such contracts and other agreements with any individual, corporation, or other private or public entity however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation;
(6) may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation not exceeding $10,000 in any fiscal year;
(7) may, as necessary for carrying out the functions of the Foundation, employ and fix the compensation of not to exceed the following number of persons at any one time: 25 during the fiscal year 1981, 50 during the fiscal year 1982, and 75 thereafter;
(8) may lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with such property (real, personal, or mixed) or any interest therein, wherever situated, as may be necessary for carrying out the functions of the Foundation;
(9) may accept gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, in furtherance of the purposes of this subchapter;
(10) may use the United States mails in the same manner and on the same conditions as the executive departments of the Government;
(11) may, with the consent of any agency of the United States, use the information, services, facilities, and personnel of that agency in carrying out the purposes of this subchapter; and
(12) shall have such other powers as may be necessary and incident to carrying out this subchapter.
(b) Nonprofit entity; restriction on use of moneys; conflict of interests
The Foundation shall be a nonprofit corporation and shall have no capital stock. No part of its revenue, earnings, or other income or property shall inure to the benefit of any of its directors, officers, or employees, and such revenue, earnings, or other income or property shall only be used for carrying out the purposes of this subchapter. No director, officer, or employee of the corporation shall in any manner directly or indirectly participate in the deliberation upon or the determination of any question affecting his or her personal interests or the interests of any corporation, partnership, or organization in which he or she is directly or indirectly interested.
(c) Tax exemption
The Foundation, including its franchise and income, shall be exempt from taxation now or hereafter imposed by the United States, by any territory or possession of the United States, or by any State, county, municipality, or local taxing authority.
(d) Termination of Foundation and liquidation of assets
Upon termination of the corporate life of the Foundation its assets shall be liquidated and, unless otherwise provided by Congress, shall be transferred to the United States Treasury as the property of the United States.
(Pub. L. 96–533, title V, §506, Dec. 16, 1980, 94 Stat. 3153.)
§290h–5. Management of Foundation
(a) Board of directors; membership; designation of Chairperson and Vice Chairperson; appointment considerations; term; vacancies
(1) The management of the Foundation shall be vested in a board of directors (hereafter in this subchapter referred to as the "Board") composed of seven members appointed by the President, by and with the advice and consent of the Senate. The President shall designate one member of the Board to serve as Chairperson of the Board and one member to serve as Vice Chairperson of the Board. Five members of the Board shall be appointed from private life. Two members of the Board shall be appointed from among officers and employees of agencies of the United States concerned with African affairs. All members of the Board shall be appointed on the basis of their understanding of and sensitivity to community level development processes. Members of the Board shall be appointed so that no more than four members of the Board are members of any one political party.
(2) Members of the Board shall be appointed for terms of six years, except that of the members first appointed, as designated by the President at the time of their appointment, two shall be appointed for terms of two years and two shall be appointed for terms of four years. A member of the Board appointed to fill a vacancy occurring before the expiration of the term for which that member's predecessor was appointed shall be appointed only for the remainder of that term. Upon the expiration of his or her term a member shall continue to serve until a successor is appointed and shall have qualified.
(b) Compensation, actual, necessary, and transportation expenses
Members of the Board shall serve without additional compensation, but may be reimbursed for actual and necessary expenses not exceeding $100 per day, and for transportation expenses, while engaged in their duties on behalf of the Foundation.
(c) Quorum
A majority of the Board shall constitute a quorum.
(d) President of Foundation; appointment and compensation; employment of experts and consultants
(1) The Board of Directors shall appoint a president of the Foundation on such terms as the Board may determine. The president of the Foundation shall receive compensation at a rate not to exceed that provided for level IV of the Executive Schedule under section 5315 of title 5.
(2) Experts and consultants may be employed by the Board as authorized by section 3109 of title 5.
(e) Advisory council; membership; appointment considerations; consultations with council; compensation, travel, and other expenses
(1) The Board shall establish an advisory council to be composed of such number of individuals as may be selected by the Board from among individuals knowledgeable about development activities in Africa. The advisory council may include African recipients of grants, loans, or loan guarantees under this subchapter.
(2) The Board shall, at least once each year, consult the advisory council concerning the objectives and activities of the Foundation.
(3) Members of the advisory council shall receive no compensation for their services but may be allowed travel and other expenses in accordance with section 5703 of title 5, which are incurred by them in the performance of the functions under this subsection.
(Pub. L. 96–533, title V, §507, Dec. 16, 1980, 94 Stat. 3154; Pub. L. 101–167, title II, Nov. 21, 1989, 103 Stat. 1209.)
Editorial Notes
Amendments
1989—Subsec. (a)(1). Pub. L. 101–167 inserted at end "Members of the Board shall be appointed so that no more than four members of the Board are members of any one political party."
Statutory Notes and Related Subsidiaries
Effective Date of 1989 Amendment
Pub. L. 101–167, title II, Nov. 21, 1989, 103 Stat. 1209, provided: "That the amendment to section 507(a)(1) of such Act [22 U.S.C. 290h–5(a)(1)] shall not affect an appointment made to the Board prior to the date of enactment of this Act [Nov. 21, 1989]".
§290h–6. Government corporation control provisions applicable
The Foundation shall be subject to the provisions of chapter 91 of title 31 applicable to wholly owned Government corporations.
(Pub. L. 96–533, title V, §508, Dec. 16, 1980, 94 Stat. 3155.)
Editorial Notes
Codification
"The provisions of chapter 91 of title 31 applicable to wholly owned Government corporations" substituted in text for "title I of the Government Corporation Control Act [31 U.S.C. 846 et seq.]" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
§290h–7. Limitation on spending authority
Any authority provided by this subchapter involving the expenditure of funds (other than the funds made available pursuant to section 290h–8 of this title) shall be effective for a fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 96–533, title V, §509, Dec. 16, 1980, 94 Stat. 3155.)
§290h–8. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter, in addition to amounts otherwise available for that purpose, $3,872,000 for fiscal year 1986 and $3,872,000 for fiscal year 1987. Funds appropriated under this section are authorized to remain available until expended.
(Pub. L. 96–533, title V, §510, Dec. 16, 1980, 94 Stat. 3155; Pub. L. 97–113, title III, §313, Dec. 29, 1981, 95 Stat. 1536; Pub. L. 99–83, title VIII, §810(a), Aug. 8, 1985, 99 Stat. 264.)
Editorial Notes
Amendments
1985—Pub. L. 99–83 amended section generally. Prior to amendment, section read as follows: "Of the funds appropriated to carry out part I of the Foreign Assistance Act of 1961, other than funds appropriated for the Economic Support Fund, not less than $2,000,000 for the fiscal year 1982 and up to $2,000,000 for the fiscal year 1983 shall be used to carry out this subchapter."
1981—Pub. L. 97–113 struck out "for the fiscal year 1981" after "Of the funds appropriated" and substituted "not less than $2,000,000 for the fiscal year 1982 and up to $2,000,000 for the fiscal year 1983" for "$2,000,000".
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
§290h–9. Repealed. Pub. L. 101–167, title II, Nov. 21, 1989, 103 Stat. 1209
Section, Pub. L. 96–533, title V, §511, Dec. 16, 1980, 94 Stat. 3155; Pub. L. 99–83, title VIII, §810(b), Aug. 8, 1985, 99 Stat. 264, related to expiration of authority of Foundation.
SUBCHAPTER XXIV—AFRICAN DEVELOPMENT BANK
§290i. Acceptance of membership
The President is hereby authorized to accept membership for the United States in the African Development Bank (hereinafter in this subchapter referred to as the "Bank") provided for by the agreement establishing the Bank (hereinafter in this subchapter referred to as the "agreement") deposited in the archives of the United Nations.
(Pub. L. 97–35, title XIII, §1332, Aug. 13, 1981, 95 Stat. 741.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this part", meaning part 3 of subtitle B of title XIII of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 741, known as the African Development Bank Act, which enacted this subchapter and amended sections 262d, 262f, and 276c–2 of this title and section 24 of Title 12, Banks and Banking. For complete classification of part 3 to the Code, see Short Title note set out below and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 97–35, title XIII, §1372, Aug. 13, 1981, 95 Stat. 746, provided that: "This subtitle [subtitle B (§§1311–1372) of title XIII of Pub. L. 97–35, enacting this subchapter and sections 262g–1 to 262g–3, 283z–2, 284o, 285w, and 286e–1h of this title, amending sections 262d, 262f, 262g, 276c–2, 283w, 283z–1, 285s, 285t, 285u, 286e–1f, and 286u of this title and section 24 of Title 12, Banks and Banking, repealing section 286e–10 of this title, and enacting provisions set out as notes under sections 262c, 262g–2, and 290i of this title] shall take effect upon its enactment [Aug. 13, 1981], except that funds authorized to be appropriated by any provision contained in part 1 [enacting section 286e–1h of this title and amending section 286e–1f of this title] or part 4 [enacting sections 283z–2 and 285w of this title and amending sections 283w, 283z–1, 285s, 285t, and 285u of this title] shall not be available for use or obligation prior to October 1, 1981."
Short Title
Pub. L. 97–35, title XIII, §1331, Aug. 13, 1981, 95 Stat. 741, provided that: "This part [part 3 (§§1331–1342) of subtitle B of title XIII of Pub. L. 97–35, enacting this subchapter and amending sections 262d, 262f, and 276c–2 of this title and section 24 of Title 12, Banks and Banking] may be cited as the 'African Development Bank Act'."
§290i–1. Governor and Alternate Governor
(a) Appointment
The President shall appoint a Governor and an Alternate Governor of the Bank—
(1) by and with the advice and consent of the Senate; or
(2) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate.
(b) Term; termination and reappointment
The term of office for the Governor and the Alternate Governor shall be five years, subject at any time to termination of appointment or to reappointment. The Governor and Alternate Governor shall remain in office until a successor has been appointed.
(c) Compensation and expenses
No person shall be entitled to receive any salary or other compensation from the United States for services as a Governor or Alternate Governor, except for reasonable expenses to attend meetings of the Board of Governors.
(d) Voting
The Governor, or in the Governor's absence the Alternate Governor, on the instructions of the President, shall cast the votes of the United States for the Director to represent the United States in the Bank.
(Pub. L. 97–35, title XIII, §1333, Aug. 13, 1981, 95 Stat. 741; Pub. L. 101–513, title V, §562(b)(3), Nov. 5, 1990, 104 Stat. 2034; Pub. L. 112–166, §2(z)(1), Aug. 10, 2012, 126 Stat. 1289.)
Editorial Notes
Amendments
2012—Pub. L. 112–166 substituted "The President shall appoint a Governor and an Alternate Governor of the Bank—" and pars. (1) and (2) for "The President, by and with the advice and consent of the Senate, shall appoint a Governor, an Alternate Governor, and a Director of the Bank." in subsec. (a), redesignated second and third sentences of subsec. (a) as (b), and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1990—Subsec. (a). Pub. L. 101–513 substituted "Governor, an Alternate Governor, and a Director" for "Governor and an Alternate Governor".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Executive Documents
Delegation of Functions
Functions of President under subsec. (c) delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.
§290i–2. Director or Alternate Director; allowances
(a) The President, by and with the advice and consent of the Senate, shall appoint a Director of the Bank.
(b) The Director or Alternate Director representing the United States, if citizens of the United States, may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received from the Bank and from the African Development Fund, may not exceed those authorized for a chief of mission under the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.].
(Pub. L. 97–35, title XIII, §1334, Aug. 13, 1981, 95 Stat. 741; Pub. L. 112–166, §2(z)(2), Aug. 10, 2012, 126 Stat. 1289.)
Editorial Notes
References in Text
The Foreign Service Act of 1980, referred to in text, is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
Amendments
2012—Pub. L. 112–166 added subsec. (a) and designated existing provisions as subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Executive Documents
Delegation of Functions
Functions of President under this section delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.
§290i–3. Applicability of Bretton Woods Agreements Act
The provisions of section 4 of the Bretton Woods Agreements Act (22 U.S.C. 286b) shall apply with respect to the Bank to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund.
(Pub. L. 97–35, title XIII, §1335, Aug. 13, 1981, 95 Stat. 741; Pub. L. 101–240, title V, §541(e)(7), Dec. 19, 1989, 103 Stat. 2519.)
Editorial Notes
References in Text
The Bretton Woods Agreements Act, referred to in section catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, which is classified principally to subchapter XV (§286 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 286 of this title and Tables.
Amendments
1989—Pub. L. 101–240 struck out at end "Reports with respect to the Bank under paragraphs (5) and (6) of section 4 of that Act shall be included in the first and subsequent reports made thereunder after the United States accepts membership in the Bank."
§290i–4. Restrictions
(a) 1 Unless authorized by law, neither the President, nor any person or agency, shall, on behalf of the United States—
(1) subscribe to additional shares of stock of the Bank;
(2) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which changes the purpose or functions of the Bank; or
(3) make a loan or provide other financing to the Bank, except that funds for technical assistance may be provided to the Bank by a United States agency created pursuant to an Act of Congress which is authorized by law to provide funds to international organizations.
(Pub. L. 97–35, title XIII, §1336, Aug. 13, 1981, 95 Stat. 742.)
1 So in original. No subsec. (b) has been enacted.
§290i–5. Federal Reserve banks as depositories
Any Federal Reserve bank which is requested to do so by the Bank shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(Pub. L. 97–35, title XIII, §1337, Aug. 13, 1981, 95 Stat. 742.)
§290i–6. Subscription to stock
(a) Authorization of United States subscription to stock
The President is authorized to agree to subscribe on behalf of the United States to twenty-nine thousand eight hundred and twenty shares of the capital stock of the Bank: Provided, however, That the subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Authorization of appropriations
There is authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury of the initial United States subscription to twenty-nine thousand eight hundred and twenty shares of the capital stock of the Bank, $359,733,570: Provided, however, That not more than $17,986,679 of such sum may be made available for paid in subscriptions to the Bank for each of the fiscal years 1982, 1983, and 1984.
(c) Distributions by Bank
Any payment or distributions of moneys from the Bank to the United States shall be covered into the Treasury as a miscellaneous receipt.
(Pub. L. 97–35, title XIII, §1338, Aug. 13, 1981, 95 Stat. 742.)
Executive Documents
Delegation of Functions
Functions of President under subsec. (a) delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.
§290i–7. Jurisdiction of United States courts
For the purposes of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Bank in accordance with the agreement, the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States or its agent appointed for the purpose of accepting service or notice of service is located, and any such action to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28, shall have original jurisdiction of any such action. When the Bank is defendant in any action in a State court, it may at any time before the trial thereof remove the action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28.
(Pub. L. 97–35, title XIII, §1339, Aug. 13, 1981, 95 Stat. 742.)
§290i–8. Force and effect of agreement
Paragraph 5 of article 49, articles 50 through 59, and the other provisions of the agreement shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in the Bank. The President, at the time of deposit of the instrument of acceptance of membership by the United States in the Bank, shall also deposit a declaration as provided in article 64, paragraph 3, of the agreement that the United States retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to United States citizens or nationals.
(Pub. L. 97–35, title XIII, §1340, Aug. 13, 1981, 95 Stat. 743.)
Editorial Notes
References in Text
The agreement, referred to in text, is the agreement establishing the African Development Bank. See section 290i of this title.
§290i–9. Securities issued by Bank; Securities and Exchange Commission oversight
(a) Treatment as exempt securities; reports to Securities and Exchange Commission
Any securities issued by the Bank (including any guarantee by the Bank, whether or not limited in scope) in connection with the raising of funds for inclusion in the Bank's ordinary capital resources as defined in article 9 of the agreement and any securities guaranteed by the Bank as to both principal and interest to which the commitment in article 7, paragraph 4(a), of the agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of sections 77c(a)(2) and 78c(a)(12) of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations as necessary in the public interest or for the protection of investors.
(b) Suspension of provisions; reports to Congress
The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, is authorized to suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this section and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission.
(Pub. L. 97–35, title XIII, §1341, Aug. 13, 1981, 95 Stat. 743.)
Editorial Notes
References in Text
The agreement, referred to in subsec. (a), is the agreement establishing the African Development Bank. See section 290i of this title.
Executive Documents
Delegation of Functions
Functions of President under subsec. (b) delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.
§290i–10. Authorization of United States subscription to stock; authorization of appropriations
(a) The United States Governor of the Bank is authorized to agree to subscribe on behalf of the United States to fifty-nine thousand, six hundred and thirty-two shares of the capital stock of the Bank, except that the subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) In order to pay for the United States subscription authorized in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $719,370,633, for payment by the Secretary of the Treasury.
(Pub. L. 97–35, title XIII, §1343, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section 1343 of Pub. L. 97–35 is based on section 301 of title III of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
Statutory Notes and Related Subsidiaries
Fifth General Capital Increase
Pub. L. 106–113, div. B, §1000(a)(2) [title V, §594], Nov. 29, 1999, 113 Stat. 1535, 1501A-122, provided in part that the Secretary of the Treasury may effect the United States participation in the fifth general capital increase of the African Development Bank, and authorized $40,847,011 to be appropriated without fiscal year limitation for payment by the Secretary for paid-in capital of the Bank and $639,932,485 to be appropriated without fiscal year limitation for payment by the Secretary for callable capital of the Bank.
§290i–11. Sixth capital increase
(a) Subscription authorized
(1) The United States Governor of the Bank may subscribe on behalf of the United States to 289,391 additional shares of the capital stock of the Bank.
(2) Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
(1) In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $4,322,228,221 for payment by the Secretary of the Treasury.
(2) Of the amount authorized to be appropriated under paragraph (1)—
(A) $259,341,759 shall be for paid in shares of the Bank; and
(B) $4,062,886,462 shall be for callable shares of the Bank.
(Pub. L. 97–35, title XIII, §1344, as added Pub. L. 112–74, div. I, title VII, §7081(d), Dec. 23, 2011, 125 Stat. 1260.)
§290i–12. Seventh capital increase
(a) Subscription authorized
(1) In general
The United States Governor of the Bank may subscribe on behalf of the United States to 532,023 additional shares of the capital stock of the Bank.
(2) Limitation
Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts.
(b) Authorization of appropriations
(1) In general
In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $7,286,587,008 for payment by the Secretary of the Treasury.
(2) Share types
Of the amount authorized to be appropriated under paragraph (1)—
(A) $437,190,016 shall be for paid in shares of the Bank; and
(B) $6,849,396,992 shall be for callable shares of the Bank.
(Pub. L. 97–35, title XIII, §1345, as added Pub. L. 116–136, div. B, title XI, §21012(b)(3), Mar. 27, 2020, 134 Stat. 594.)
SUBCHAPTER XXV—UNITED STATES-INDIA FUND FOR CULTURAL, EDUCATIONAL, AND SCIENTIFIC COOPERATION
§290j. Establishment of the Fund
(a) Agreement with Government of India; program purposes
The President is authorized to enter into an agreement with the Government of India for the establishment of a fund (hereafter in this subchapter referred to as the "Fund") which would provide grants and other assistance for cultural, educational, and scientific programs of mutual interest. Such programs may include exchanges of persons, exchanges of information, and other programs of study, research, and scholarly cooperation. The agreement may also provide for the establishment of an endowment, a foundation, or other means to carry out the purposes of the agreement.
(b) United States representatives
The United States representatives on any board or other entity created in accordance with the agreement to administer the Fund shall be designated by the President predominately from among representatives of United States Government agencies, including those administering programs which may be supported in whole or in part by the Fund.
(c) Funding of programs
United States Government agencies carrying out programs of the types specified in subsection (a) may receive amounts directly from the Fund for use in carrying out those programs.
(Pub. L. 98–164, title IX, §902, Nov. 22, 1983, 97 Stat. 1051.)
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 98–164, title IX, §901, Nov. 22, 1983, 97 Stat. 1051, provided that: "This title [enacting this subchapter] may be cited as the 'United States-India Fund for Cultural, Educational, and Scientific Cooperation Act'."
Executive Documents
Ex. Ord. No. 12517. Delegation Concerning United States-India Fund for Cultural, Educational, and Scientific Cooperation
Ex. Ord. No. 12517, May 29, 1985, 50 F.R. 23105, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, including section 301 of Title 3 of the United States Code, and in order to delegate certain functions concerning the United States-India Fund for Cultural, Educational, and Scientific Cooperation to the Secretary of State, it is hereby ordered as follows:
Ronald Reagan.
§290j–1. Use of United States owned rupees to capitalize the Fund
(a) Subject to applicable requirements concerning reimbursement to the Treasury for United States owned foreign currencies, the President may make available to the Fund, for use in carrying out the agreement authorized by section 290j of this title, up to the equivalent of $200,000,000 in foreign currencies owned by the United States in India or owed to the United States by the Government of India. Such use may include investment in order to generate interest which would be retained in the Fund and used to support programs pursuant to that agreement.
(b) In accordance with the agreement negotiated pursuant to section 290j(a) of this title, sums made available for investment for the United States-India Fund for Cultural, Educational, and Scientific Cooperation under the Departments of Commerce, Justice, and State, and the Judiciary and Related Agencies Appropriation Act, 1985, and any earnings on such sums shall be available for the purposes of section 290j(a) of this title.
(Pub. L. 98–164, title IX, §903, Nov. 22, 1983, 97 Stat. 1051; Pub. L. 99–93, title VIII, §808, Aug. 16, 1985, 99 Stat. 452; Pub. L. 100–204, title III, §305, Dec. 22, 1987, 101 Stat. 1379.)
Editorial Notes
References in Text
The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1985, referred to in subsec. (b), is Pub. L. 98–411, Aug. 30, 1984, 98 Stat. 1545. For provisions relating to contribution to the United States-India Fund for Cultural, Educational, and Scientific Cooperation, see 98 Stat. 1567.
Amendments
1987—Subsec. (b). Pub. L. 100–204 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Pending completion of the negotiation of an agreement with the Government of India, the annual earnings generated by the moneys appropriated by the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1985, may be used for the purposes set out in section 290j(a) of this title."
1985—Pub. L. 99–93 designated existing provisions as subsec. (a) and added subsec. (b).
SUBCHAPTER XXVI—MULTILATERAL INVESTMENT GUARANTEE AGENCY
§290k. Acceptance of membership
The President is hereby authorized to accept membership for the United States in the Multilateral Investment Guarantee Agency (hereinafter in this subchapter referred to as the "Agency") provided for by the Convention Establishing the Multilateral Investment Guarantee Agency (hereinafter in this subchapter referred to as the "Convention") deposited in the archives of the International Bank for Reconstruction and Development (hereinafter in this subchapter referred to as the "Bank").
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section is based on section 403 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
Section 402 of title IV of H.R. 3750, as introduced Dec. 11, 1987, and as enacted into law by section 101(e) [title I] of Pub. L. 100–202, provided that: "This title [enacting this subchapter] shall be codified as subchapter XXVI of chapter 7 of title 22 of the United States Code."
Statutory Notes and Related Subsidiaries
Short Title
Section 401 of title IV of H.R. 3750, as introduced Dec. 11, 1987, and as enacted into law by Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134, provided that: "This title [enacting this subchapter] may be cited as the 'Multilateral Investment Guarantee Agency Act'."
§290k–1. Governor and Alternate Governor
The Governor and Alternate Governor of the Bank, appointed under section 286a of this title, shall serve as Governor and Alternate Governor, respectively, of the Agency.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section is based on section 404 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§290k–2. Instructions for United States Director
Immediately after taking office and prior to the issuance by the Agency of its first guarantee, the United States Director of the Agency shall propose and actively seek the adoption by the Board of Directors of policies and procedures under which the Agency will not issue guarantees in respect of any proposed investment that would—
(1) be in any country which has not taken or is not taking steps to afford internationally recognized workers' rights to workers in that country;
(2) be subject to trade-distorting performance requirements imposed by the host country that are likely to result in a significant net reduction in—
(A) employment in the United States or other member countries; or
(B) other trade benefits likely to accrue to the United States or other member countries from the investment; or
(3) increase a country's productive capacity in an industry already facing excess worldwide capacity for the same, similar or competing product, and cause substantial injury to producers of such product in another member country.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section is based on section 405 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§290k–3. Opposition to certain guarantees or investment promotions; independent evaluation of guaranteed investments
Consistent with the purposes of section 290k–2 of this title, the Secretary of the Treasury shall—
(1) instruct the United States Director to oppose, and to actively seek the concurrence of other members of the Board of Directors in opposing, any guarantee or other investment promotion under consideration by the Agency if the proposed investment would—
(A) be in any country which is not a beneficiary developing country for purposes of title V of the Trade Act of 1974 [19 U.S.C. 2461 et seq.] because it has not taken or is not taking steps to afford internationally-recognized workers' rights to workers in that country;
(B) be subject to trade-distorting performance requirements imposed by the host country that are likely to result in a significant net reduction in—
(i) employment in the United States; or
(ii) other trade benefits likely to accrue to the United States from the investment; or
(C) likely increase a country's productive capacity in an industry already facing excess worldwide capacity for the same, similar or competing product, and cause substantial injury to producers of such products in the United States; and
(2) within 12 months after the United States becomes a member of the Agency and each year thereafter for the 3 succeeding years, conduct an independent evaluation of the United States investments which have been guaranteed by the Agency to determine—
(A) the anticipated net impact of such investments on employment in and exports from the United States, and
(B) the extent to which such investments were made in countries which had not taken or are not taking steps to afford internationally-recognized workers' rights to workers in those countries.
In the course of conducting each evaluation required under paragraph (2), the Secretary shall actively solicit and take into account the views of United States labor organizations. The Secretary shall furnish a copy of each such evaluation on its completion to the Congress.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
References in Text
The Trade Act of 1974, referred to in par. (1)(A), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Title V of the Trade Act of 1974 is classified generally to subchapter V (§2461 et seq.) of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Tables.
Codification
Section is based on section 406 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§290k–4. Consultation with representatives of private sector and of labor organizations on Agency policy directions and operations
Recognizing that United States participation in the Agency represents an effort to enhance United States trade prospects and strengthen the role of the United States private sector in the development process, the Secretary of the Treasury shall ensure regular and continuing consultations with United States private sector representatives and representatives of United States labor organizations, through appropriate mechanisms, on policy directions and operations of the Agency, and shall take account of those consultations in determining the policies of the United States toward the Agency.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section is based on section 407 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§290k–5. Applicability of Bretton Woods Agreements Act
The provisions of section 286b of this title shall apply with respect to the Agency to the same extent as with respect to the Bank and the International Monetary Fund.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134; Pub. L. 101–240, title V, §541(e)(5), Dec. 19, 1989, 103 Stat. 2518.)
Editorial Notes
References in Text
The Bretton Woods Agreements Act, referred to in section catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, which is classified principally to subchapter XV (§286 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 286 of this title and Tables.
Codification
Section is based on section 408 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
Amendments
1989—Pub. L. 101–240 struck out at end "Reports with respect to the Agency under paragraphs (5) and (6) of section 286b(b) of this title shall be included in the reports made thereunder after the United States accepts membership in the Agency."
§290k–6. Restrictions
Unless authorized by law, neither the President nor any person or agency shall, on behalf of the United States—
(1) subscribe to additional shares of stock of the Agency;
(2) vote for or agree to any amendment of the Convention which increases the obligations of the United States, or which changes the purpose or functions of the Agency; or
(3) make a loan or provide other financing to the Agency.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section is based on section 409 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§290k–7. Federal Reserve banks as depositories
Any Federal Reserve bank that is requested to do so by the Agency shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section is based on section 410 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§290k–8. Subscription of stock
(a) Authority of Secretary of the Treasury
The Secretary of the Treasury is authorized to subscribe on behalf of the United States to 20,519 shares of the capital stock of the Agency, except that the subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Authorization of appropriations
In order to pay for United States subscription authorized in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $222,015,580, for payment by the Secretary of the Treasury.
(c) Dividends deposited into Treasury
Any payment of dividends made to the United States by the Agency shall be deposited into the Treasury as a miscellaneous receipt.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section is based on section 411 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
Statutory Notes and Related Subsidiaries
First General Capital Increase
Pub. L. 106–113, div. B, §1000(a)(2) [title V, §594], Nov. 29, 1999, 113 Stat. 1535, 1501A-122, provided in part that the Secretary of the Treasury may effect the United States participation in the first general capital increase of the Multilateral Investment Guarantee Agency and authorized $29,870,087 to be appropriated without fiscal year limitation for payment by the Secretary for paid-in capital of the Agency and $139,365,533 to be appropriated without fiscal year limitation for payment by the Secretary for callable capital of the Agency.
§290k–9. Jurisdiction of United States courts and enforcement of arbitral awards
For the purposes of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Agency in accordance with the Convention, including an action brought to enforce an arbitral award against the Agency, the Agency shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States or its agent appointed for the purpose of accepting service or notice of service is located, and any such action to which the Agency shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28, shall have original jurisdiction of any such action. When the Agency is a defendant in any action in a State court, it may at any time before the trial thereof remove the action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section is based on section 412 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§290k–10. Effectiveness of Convention
Articles 43 through 48, inclusive, of the Convention shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon the entry into force of the Convention for the United States.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
Codification
Section is based on section 413 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
§290k–11. Arbitral awards; enforcement; full faith and credit; Federal Arbitration Act inapplicable; exclusiveness of district court jurisdiction
(a) An award of an arbitral tribunal resolving a dispute arising under Article 57 or Article 58 of the Convention shall create a right arising under a treaty of the United States. The pecuniary obligations imposed by such an award shall be enforced and shall be given the same full faith and credit as if the award were a final judgment of a court of general jurisdiction of one of the several States. The Federal Arbitration Act (9 U.S.C. 1, et seq.) shall not apply to enforcement of awards rendered pursuant to the Convention.
(b) The district courts of the United States (including the courts enumerated in section 460 of title 28) shall have exclusive jurisdiction over actions and proceedings under subsection (a) of this section, regardless of the amount in controversy.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329-134.)
Editorial Notes
References in Text
The Federal Arbitration Act, referred to in subsec. (a), is classified generally to Title 9, Arbitration.
Codification
Section is based on section 414 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
SUBCHAPTER XXVII—EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
§290l. Acceptance of membership
The President is hereby authorized to accept membership for the United States in the European Bank for Reconstruction and Development (in this subchapter referred to as the "Bank") provided for by the agreement establishing the Bank (in this subchapter referred to as the "Agreement"), signed on May 29, 1990.
(Pub. L. 101–513, title V, §562(c)(2), Nov. 5, 1990, 104 Stat. 2034.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this subsection" meaning subsection (c) of section 562 of Pub. L. 101–513, title V, Nov. 5, 1990, 104 Stat. 2034, which is classified principally to this subchapter. For complete classification of subsection (c) to the Code, see Short Title note set out below and Tables.
Codification
Another section 562(c) of Pub. L. 101–513, consisting of pars. (1) to (5), is set out as a note under section 2293 of this title.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 101–513, title V, §562(c)(1), Nov. 5, 1990, 104 Stat. 2031, provided that: "This subsection [enacting this subchapter and amending sections 262r and 276c–2 of this title and section 24 of Title 12, Banks and Banking] may be cited as the 'European Bank for Reconstruction and Development Act'."
§290l–1. Governor and alternate Governor
(a) Appointment
The President, by and with the advice and consent of the Senate, shall appoint a Governor of the Bank, an alternate for the Governor, and a Director of the Bank.
(b) Compensation
Any person who serves as a Governor of the Bank or as an alternate for the Governor may not receive any salary or other compensation from the United States by reason of such service.
(Pub. L. 101–513, title V, §562(c)(3), Nov. 5, 1990, 104 Stat. 2034.)
Editorial Notes
Codification
Subsecs. (a) and (b) were in the original (A) and (B), respectively, and were editorially redesignated for purposes of codification.
Another section 562(c)(3) of Pub. L. 101–513 is set out as a note under section 2293 of this title.
§290l–2. Applicability of certain provisions of Bretton Woods Agreements Act
Section 286b of this title shall apply to the Bank in the same manner in which such section applies to the International Bank for Reconstruction and Development and the International Monetary Fund.
(Pub. L. 101–513, title V, §562(c)(4), Nov. 5, 1990, 104 Stat. 2034.)
Editorial Notes
References in Text
The Bretton Woods Agreements Act, referred to in section catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, which is classified principally to subchapter XV (§286 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 286 of this title and Tables.
Codification
Another section 562(c)(4) of Pub. L. 101–513 is set out as a note under section 2293 of this title.
§290l–3. Federal Reserve banks as depositories
Any Federal Reserve Bank 1 which is requested to do so by the Bank may act as its depository, or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall exercise general supervision over the carrying out of these functions.
(Pub. L. 101–513, title V, §562(c)(5), Nov. 5, 1990, 104 Stat. 2034.)
Editorial Notes
Codification
Another section 562(c)(5) of Pub. L. 101–513 is set out as a note under section 2293 of this title.
1 So in original. Probably should not be capitalized.
§290l–4. Subscription of stock
(a) Subscription authority
(1) In general
The Secretary of the Treasury may subscribe on behalf of the United States to 100,000 shares of the capital stock of the Bank.
(2) Effectiveness of subscription commitment
Any commitment to make such subscription shall be effective only to such extent or in such amounts as are provided for in advance by appropriations Acts.
(b) Limitations on authorization of appropriations
For payment by the Secretary of the Treasury of the subscription of the United States for shares described in subsection (a), there are authorized to be appropriated $1,167,010,000 without fiscal year limitation.
(c) Disposition of net income distributions by Bank
Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
(Pub. L. 101–513, title V, §562(c)(6), Nov. 5, 1990, 104 Stat. 2034.)
Editorial Notes
Codification
Subsecs. (a) to (c) were in the original (A) to (C), respectively, and pars. (1) and (2) of subsec. (a) were in the original (i) and (ii), respectively, and were editorially redesignated for purposes of codification.
Statutory Notes and Related Subsidiaries
First General Capital Increase
Pub. L. 105–118, title V, §560(a), Nov. 26, 1997, 111 Stat. 2425, provided in part that the Secretary of the Treasury may, to effect the United States participation in the first general capital increase of the European Bank for Reconstruction and Development, subscribe to and make payment for 100,000 additional shares of the capital stock of the Bank on behalf of the United States, and authorized $285,772,500 for paid-in capital and $984,327,500 for callable capital of the European Bank for Reconstruction and Development to be appropriated without fiscal year limitation, subject to obtaining the necessary appropriations.
§290l–5. Jurisdiction and venue of civil actions by or against Bank
(a) Jurisdiction
The United States district courts shall have original and exclusive jurisdiction of any civil action brought in the United States by or against the Bank.
(b) Venue
For purposes of section 1391(b) of title 28, the Bank shall be deemed to be a resident of the judicial district in which the principal office of the Bank in the United States, or its agent appointed for the purpose of accepting service or notice of service, is located.
(Pub. L. 101–513, title V, §562(c)(7), Nov. 5, 1990, 104 Stat. 2035.)
Editorial Notes
Codification
Subsecs. (a) and (b) were in the original (A) and (B), respectively, and were editorially redesignated for purposes of codification.
§290l–6. Effectiveness of Agreement
The Agreement shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in the Bank and the entry into force of the Agreement.
(Pub. L. 101–513, title V, §562(c)(8), Nov. 5, 1990, 104 Stat. 2035.)
§290l–7. Exemption from securities laws for certain securities issued by Bank; reports required
(a) Exemption from securities laws; reports to Securities and Exchange Commission
Any securities issued by the Bank (including any guaranty by the Bank, whether or not limited in scope) in connection with the raising of funds for inclusion in the Bank's ordinary capital resources as defined in article 7 of the Agreement and any securities guaranteed by the Bank as to both principal and interest to which the commitment in article 6, paragraph 4, of the Agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of section 77c(a)(2) of title 15 and section 78c(a)(12) of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the public interest or for the protection of investors.
(b) Authority of Securities and Exchange Commission to suspend exemption; reports to Congress
The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, may suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to the Congress such information as it shall deem advisable with regard to the operations and effect of this section.
(Pub. L. 101–513, title V, §562(c)(9), Nov. 5, 1990, 104 Stat. 2035.)
Editorial Notes
Codification
Subsecs. (a) and (b) were in the original (A) and (B), respectively, and were editorially redesignated for purposes of codification.
§290l–8. Congressional consultations
During negotiations on the establishment of operational guidelines for the Bank, the Secretary of the Treasury shall—
(A) consult on a regular and timely basis with the Committee on Banking, Finance and Urban 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;
(B) seek to ensure that procedures and mechanisms are established, including the creation of specific departments or staffs within the Bank, which will allow the Bank to assess the impact of any loans, guarantees, or other activities on the environment and on internationally recognized human rights in borrower countries; and
(C) report, through consultation within 90 days after November 5, 1990, to the Committees specified in subparagraph (A) on the progress of efforts to create such procedures and mechanisms.
(Pub. L. 101–513, title V, §562(c)(11), Nov. 5, 1990, 104 Stat. 2036.)
Statutory Notes and Related Subsidiaries
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.
Goals in Negotiations Concerning Structure, Bylaws, and Operating Procedures of Bank
Pub. L. 101–513, title V, §584, Nov. 5, 1990, 104 Stat. 2046, provided that: "In all negotiations concerning the structure, bylaws, and operating procedures of the European Bank for Reconstruction and Development (EBRD), the Secretary of the Treasury shall vigorously seek—
"(1) establishment of procedures for environmental assessment of all proposed operations with potentially significant environmental impacts;
"(2) establishment of an environmental unit with sufficient staff to review proposed operations, monitor compliance with environmental provisions, and provide overall policy guidance;
"(3) establishment of procedures for systematic consultation with and involvement of the public and interested nongovernmental organizations, including an opportunity for comment by local communities which may be affected by EBRD operations and establishment of a system of public notification and comment during the development of EBRD policies and operating procedures; and
"(4) agreement that a significant portion of the EBRD's funds shall be devoted to projects focused on environmental restoration and protection."
§290l–9. Capital increase
(a) Subscription authorized
(1) The United States Governor of the Bank may subscribe on behalf of the United States up to 90,044 additional callable shares of the capital stock of the Bank in accordance with Resolution No. 128 as adopted by the Board of Governors of the Bank on May 14, 2010.
(2) Any subscription by the United States to additional capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, up to $1,252,331,952 for payment by the Secretary of the Treasury.
(Pub. L. 101–513, title V, §562(c)(12), as added Pub. L. 112–74, div. I, title VII, §7081(e), Dec. 23, 2011, 125 Stat. 1260.)
Editorial Notes
Codification
Pub. L. 112–74, div. I, title VII, §7081(e), Dec. 23, 2011, 125 Stat. 1260, which directed amendment of section 562(c) of Pub. L. 101–513 (22 U.S.C. 290l et seq.) by adding at the end a new par. (12), was executed to the second of two subsecs. (c) by adding this section, to reflect the probable intent of Congress. The first subsec. (c) of section 562 is set out as a note under section 2293 of this title.
Subsecs. (a) and (b) were in the original (A) and (B), respectively, and pars. (1) and (2) of subsec. (a) were in the original (i) and (ii), respectively, and were editorially redesignated for purposes of codification.
SUBCHAPTER XXVIII—NORTH AMERICAN DEVELOPMENT BANK AND RELATED PROVISIONS
Editorial Notes
Codification
This subchapter consists of part 2 of subtitle D of title V of the North American Free Trade Agreement Implementation Act, Pub. L. 103–182. Section 601 of the United States-Mexico-Canada Agreement Implementation Act, Pub. L. 116–113, repealed Pub. L. 103–182, effective on the date the USMCA entered into force (July 1, 2020). However, section 601 of div. O of Pub. L. 116–260 provided that section 601 of Pub. L. 116–113 does not apply to part 2 of subtitle D of title V of Pub. L. 103–182 and revived the provisions of such part 2 as if section 601 of Pub. L. 116–113 had not been enacted.
§290m. North American Development Bank
(a) Acceptance of membership
The President is hereby authorized to accept membership for the United States in the North American Development Bank (hereafter in this subchapter referred to as the "Bank") provided for in Chapter II of the Border Environment Cooperation Agreement (hereafter in this subchapter referred to as the "Cooperation Agreement").
(b) Subscription of stock
(1) Subscription authority
(A) In general
The Secretary of the Treasury may subscribe on behalf of the United States up to 150,000 shares of the capital stock of the Bank.
(B) Effectiveness of subscription
Except as provided in paragraph (3), any such subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(2) Limitations on authorization of appropriations
For payment by the Secretary of the Treasury of the subscription of the United States for shares described in paragraph (1), there are authorized to be appropriated $1,500,000,000 ($225,000,000 of which may be used for paid-in capital and $1,275,000,000 of which may be used for callable capital) without fiscal year limitation.
(3) Funding; limitation on callable capital subscriptions
(A) Funding
For fiscal year 1995, the Secretary of the Treasury shall pay to the Bank out of any sums in the Treasury not otherwise appropriated the sum of $56,250,000 for the paid-in portion of the United States share of the capital stock of the Bank, 10 percent of which may be transferred by the Bank to the President pursuant to section 290m–2 of this title to pay for the cost of direct and guaranteed Federal loans.
(B) Limitation on callable capital subscriptions
For fiscal year 1995, the Secretary of the Treasury shall subscribe to the callable capital portion of the United States share of the capital stock of the Bank in an amount not to exceed $318,750,000.
(4) Disposition of net income distributed by the facility
Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
(c) Compensation of Board members
No person shall be entitled to receive any salary or other compensation from the Bank or the United States for services as a Board member.
(d) Applicability of Bretton Woods Agreements Act
The provisions of section 4 of the Bretton Woods Agreements Act [22 U.S.C. 286b] shall apply with respect to the Bank to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund.
(e) Restrictions
Unless authorized by law, neither the President nor any person or agency shall, on behalf of the United States—
(1) subscribe to additional shares of stock of the Bank;
(2) vote for or agree to any amendment of the Cooperation Agreement which increases the obligations of the United States, or which changes the purpose or functions of the Bank; or
(3) make a loan or provide other financing to the Bank.
(f) Federal Reserve banks as depositories
Any Federal Reserve bank that is requested to do so by the Bank shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(g) Jurisdiction of United States courts and enforcement of arbitral awards
For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Bank in accordance with the Cooperation Agreement, including an action brought to enforce an arbitral award against the Bank, the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States or its agency appointed for the purpose of accepting service or notice of service is located, and any such action to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28, shall have original jurisdiction of any such action. When the Bank is a defendant in any action in a State court, it may at any time before trial remove the action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28.
(h) Exemption from securities laws for certain securities issued by Bank; reports required
(1) Omitted
(2) Exemption from securities laws for certain securities issued by the Bank; reports required
Any securities issued by the Bank (including any guarantee by the Bank, whether or not limited in scope) in connection with the raising of funds for inclusion in the Bank's capital resources as defined in Section 4 of Article II of Chapter II of the Cooperation Agreement, and any securities guaranteed by the Bank as to both the principal and interest to which the commitment in Section 3(d) of Article II of Chapter II of the Cooperation Agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of section 77c(a)(2) of title 15, and section 78c(a)(12) of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the public interest or for the protection of investors.
(3) Authority of Securities and Exchange Commission to suspend exemption; reports to the Congress
The Securities and Exchange Commission, acting in consultation with the National Advisory Council on International Monetary and Financial Problems, is authorized to suspend the provisions of paragraph (2) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this subsection and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission.
(Pub. L. 103–182, title V, §541, Dec. 8, 1993, 107 Stat. 2165; Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, §601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.)
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a), was in the original "this part" meaning part 2 of subtitle D of title V of Pub. L. 103–182, which enacted this subchapter and amended section 24 of Title 12, Banks and Banking. For complete classification of part 2 to the Code, see Tables.
Codification
Section is comprised of section 541 of Pub. L. 103–182. Subsec. (h)(1) of section 541 amended section 24 of Title 12, Banks and Banking.
Amendments
2020—Pub. L. 116–260, §601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below.
Pub. L. 116–113, §601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of Title 19, Customs Duties.
§290m–1. Status, immunities, and privileges
Article VIII of Chapter II of the Cooperation Agreement shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon entry into force of the Cooperation Agreement.
(Pub. L. 103–182, title V, §542, Dec. 8, 1993, 107 Stat. 2167; Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, §601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.)
Editorial Notes
Amendments
2020—Pub. L. 116–260, §601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below.
Pub. L. 116–113, §601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of Title 19, Customs Duties.
§290m–2. Community adjustment and investment program
(a) The President
(1) The President may enter into an agreement with the Bank that facilitates implementation by the President of a program for community adjustment and investment in support of the Agreement pursuant to chapter II of the Cooperation Agreement (hereafter in this section referred to as the "community adjustment and investment program").
(2) The President may receive from the Bank 10 percent of the paid-in capital actually paid to the Bank by the United States for the President to carry out, without further appropriations, through Federal agencies and their loan and loan guarantee programs, the community adjustment and investment program, pursuant to an agreement between the President and the Bank.
(3) The President may select one or more Federal agencies that make loans or guarantee the repayment of loans to assist in carrying out the community adjustment and investment program, and may transfer the funds received from the Bank to such agency or agencies for the purpose of assisting in carrying out the community adjustment and investment program.
(4)(A) Each Federal agency selected by the President to assist in carrying out the community adjustment and investment program shall use the funds transferred to it by the President from the Bank to pay for the costs of direct and guaranteed loans, as defined in section 661a of title 2, and, as appropriate, other costs associated with such loans, all subject to the restrictions and limitations that apply to such agency's existing loan or loan guarantee program.
(B) Funds transferred to an agency under subparagraph (A) shall be in addition to the amount of funds authorized in any appropriations Act to be expended by that agency for its loan or loan guarantee program.
(5) The President shall—
(A) establish guidelines for the loans and loan guarantees to be made under the community adjustment and investment program;
(B) endorse the grants made by the Bank for the community adjustment and investment program, as provided in Article I, section 1(b), and Article III, section 11(a), of Chapter II of the Cooperation Agreement; and
(C) endorse any loans or guarantees made by the Bank for the community adjustment and investment program, as provided in Article I, section 1(b), and Article III, section 6(a) and (c) of Chapter II of the Cooperation Agreement.
(b) Advisory Committee
(1) Establishment
The President shall establish an advisory committee to be known as the Community Adjustment and Investment Program Advisory Committee (in this section referred to as the "Advisory Committee") in accordance with the provisions of chapter 10 of title 5.
(2) Membership
(A) In general
The Advisory Committee shall consist of 9 members of the public, appointed by the President, who, collectively, represent—
(i) community groups whose constituencies include low-income families;
(ii) any scientific, professional, business, nonprofit, or public interest organization or association which is neither affiliated with, nor under the direction of, a government;
(iii) for-profit business interests; and
(iv) other appropriate entities with relevant expertise.
(B) Representation
Each of the categories described in clauses (i) through (iv) of subparagraph (A) shall be represented by no fewer than 1 and no more than 3 members of the Advisory Committee.
(3) Function
It shall be the function of the Advisory Committee—
(A) to provide advice to the President regarding the implementation of the community adjustment and investment program, including advice on the guidelines to be established by the President for the loans and loan guarantees to be made pursuant to subsection (a)(4), advice on identifying the needs for adjustment assistance and investment in support of the goals and objectives of the Agreement, taking into account economic and geographic considerations, and advice on such other matters as may be requested by the President; and
(B) to review on a regular basis the operation of the community adjustment and investment program and provide the President with the conclusions of its review.
(4) Terms of members
(A) In general
Each member of the Advisory Committee shall serve at the pleasure of the President.
(B) Chairperson
The President shall appoint a chairperson from among the members of the Advisory Committee.
(C) Meetings
The Advisory Committee shall meet at least annually and at such other times as requested by the President or the chairperson. A majority of the members of the Advisory Committee shall constitute a quorum.
(D) Reimbursement for expenses
The members of the Advisory Committee may receive reimbursement for travel, per diem, and other necessary expenses incurred in the performance of their duties, in accordance with chapter 10 of title 5.
(E) Staff and facilities
The Advisory Committee may utilize the facilities and services of employees of any Federal agency without cost to the Advisory Committee, and any such agency is authorized to provide services as requested by the Committee.
(c) Ombudsman
The President shall appoint an ombudsman to provide the public with an opportunity to participate in the carrying out of the community adjustment and investment program.
(1) Function
It shall be the function of the ombudsman—
(A) to establish procedures for receiving comments from the general public on the operation of the community adjustment and investment program, to receive such comments, and to provide the President with summaries of the public comments; and
(B) to perform an independent inspection and programmatic audit of the operation of the community adjustment and investment program and to provide the President with the conclusions of its investigation and audit.
(2) Authorization of appropriations
There are authorized to be appropriated to the President, or such agency as the President may designate, $25,000 for fiscal year 1995 and for each fiscal year thereafter, for the costs of the ombudsman.
(d) Reporting requirement
The President shall submit to the appropriate congressional committees an annual report on the community adjustment and investment program (if any) that is carried out pursuant to this section. Each report shall state the amount of the loans made or guaranteed during the 12-month period ending on the day before the date of the report.
(Pub. L. 103–182, title V, §543, Dec. 8, 1993, 107 Stat. 2167; Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, §601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149; Pub. L. 117–286, §4(a)(163), Dec. 27, 2022, 136 Stat. 4323.)
Editorial Notes
Amendments
2022—Subsec. (b)(1). Pub. L. 117–286, §4(a)(163)(A), substituted "chapter 10 of title 5." for "the Federal Advisory Committee Act."
Subsec. (b)(4)(D). Pub. L. 117–286, §4(a)(163)(B), substituted "chapter 10 of title 5." for "the Federal Advisory Committee Act."
2020—Pub. L. 116–260, §601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below.
Pub. L. 116–113, §601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of Title 19, Customs Duties.
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Definitions
Agreement means the North American Free Trade Agreement, see section 3301(1) of Title 19, Customs Duties.
Executive Documents
Delegation of Functions
Functions of President under subsec. (a)(1) to (3) of this section delegated to Secretary of the Treasury and functions of President under subsecs. (a)(5) and (d) of this section delegated to Community Adjustment and Investment Program Finance Committee by sections 4 to 6 of Ex. Ord. No. 12916, May 13, 1994, 59 F.R. 25780, set out as a note under section 3473 of Title 19, Customs Duties.
Community Adjustment and Investment Program Finance Committee
For provisions establishing the Community Adjustment and Investment Program Finance Committee to assist in carrying out the program pursuant to subsec. (a)(3) of this section and to provide to the President advice and conclusions of reviews by the Advisory Committee pursuant to subsec. (b)(3) of this section and summaries of public comments or conclusions of investigations and audits by the ombudsman pursuant to subsec. (c)(1) of this section, see Ex. Ord. No. 12916, §§7–9, May 13, 1994, 59 F.R. 25780, set out as a note under section 3473 of Title 19, Customs Duties.
§290m–3. "Border Environment Cooperation Agreement" defined
For purposes of this subchapter, the term "Border Environment Cooperation Agreement" (referred to in this subchapter as the "Cooperation Agreement") means the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank.
(Pub. L. 103–182, title V, §544, Dec. 8, 1993, 107 Stat. 2170; Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, §601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this part" meaning part 2 of subtitle D of title V of Pub. L. 103–182, which enacted this subchapter and amended section 24 of Title 12, Banks and Banking. For complete classification of part 2 to the Code, see Tables.
Amendments
2020—Pub. L. 116–260, §601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below.
Pub. L. 116–113, §601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of Title 19, Customs Duties.
§290m–4. Authority to agree to certain amendments to the Border Environment Cooperation Agreement
The President may agree to amendments to the Cooperation Agreement that—
(1) enable the Bank to make grants and nonmarket rate loans out of its paid-in capital resources with the approval of its Board; and
(2) amend the definition of "border region" to include the area in the United States that is within 100 kilometers of the international boundary between the United States and Mexico, and the area in Mexico that is within 300 kilometers of the international boundary between the United States and Mexico.
(Pub. L. 103–182, title V, §545, as added Pub. L. 108–215, §1(a), Apr. 5, 2004, 118 Stat. 579; amended Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, §601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.)
Editorial Notes
Amendments
2020—Pub. L. 116–260, §601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below.
Pub. L. 116–113, §601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of Title 19, Customs Duties.
§290m–5. Grants out of paid-in capital resources
(a) In general
The President shall instruct the United States Federal Government representatives on the Board of Directors of the North American Development Bank to oppose any proposal where grants out of the Bank's paid-in capital resources, except for grants from paid-in capital authorized for the community adjustment and investment program under the Bank's charter of 1993, would—
(1) be made to a project that is not being financed, in part, by loans; or
(2) account for more than 50 percent of the financing of any individual project.
(b) Exception
(1) General rule
The requirements of subsection (a) shall not apply in cases where—
(A) the President determines there are exceptional economic circumstances for making the grant and consults with the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives; or
(B)(i) the grant is being made for a project that is so small that obtaining a loan is impractical; and
(ii) the grant does not exceed $250,000.
(2) Limitation
Not more than an aggregate of $5,000,000 in grants may be made under this subsection.
(Pub. L. 103–182, title V, §546, as added Pub. L. 108–215, §1(b), Apr. 5, 2004, 118 Stat. 579; amended Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, §601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.)
Editorial Notes
Amendments
2020—Pub. L. 116–260, §601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below.
Pub. L. 116–113, §601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of Title 19, Customs Duties.
§290m–6. Repealed. Pub. L. 113–188, title XVI, §1601(a), Nov. 26, 2014, 128 Stat. 2025
Section, Pub. L. 108–215, §2, Apr. 5, 2004, 118 Stat. 580, required and described the content of annual reports on the North American Development Bank.
§290m–7. First capital increase
(a) Subscription authorized
(1) In general
The Secretary of the Treasury is authorized to subscribe on behalf of the United States to, and make payment for, 150,000 additional shares of the capital stock of the Bank.
(2) Limitation
Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
(1) In general
In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $1,500,000,000 for payment by the Secretary of the Treasury.
(2) Allocation of funds
Of the amount authorized to be appropriated under paragraph (1)—
(A) $225,000,000 shall be for paid in shares of the Bank; and
(B) $1,275,000,000 shall be for callable shares of the Bank.
(Pub. L. 103–182, title V, §547, as added Pub. L. 116–113, title VIII, §831, Jan. 29, 2020, 134 Stat. 96; amended Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, §601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.)
Editorial Notes
Amendments
2020—Pub. L. 116–260, §601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below.
Pub. L. 116–113, §601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of Title 19, Customs Duties.
§290m–8. Performance measures
(a) In general
The Secretary of the Treasury should direct the representatives of the United States to the Board of Directors of the North American Development Bank to use the voice and vote of the United States to seek to require the Bank to develop performance measures that—
(1) demonstrate how projects and financing approved by the Bank are meeting the Bank's mission and providing added value to the region near the international land border between the United States and Mexico; and
(2) are reviewed and updated not less frequently than annually.
(b) Report to Congress
The Secretary of the Treasury shall submit to Congress, with the submission to Congress of the budget of the President for a fiscal year under section 1105(a) of title 31, a report on progress in imposing the performance measures described in subsection (a) of this section.
(Pub. L. 116–113, title VIII, §834, Jan. 29, 2020, 134 Stat. 97.)
Editorial Notes
Codification
Section was enacted as part of the United States-Mexico-Canada Agreement Implementation Act, and not as part of part 2 of subtitle D of title V of the North American Free Trade Agreement Implementation Act, Pub. L. 103–182, which enacted this subchapter.
Statutory Notes and Related Subsidiaries
Policy Goals
Pub. L. 116–113, title VIII, §832, Jan. 29, 2020, 134 Stat. 97, provided that:
"(a)
"(b)
Efficiencies and Streamlining
Pub. L. 116–113, title VIII, §833, Jan. 29, 2020, 134 Stat. 97, provided that: "The Secretary of the Treasury should direct the representatives of the United States to the Board of Directors of the North American Development Bank to use the voice and vote of the United States to seek to require the Bank to develop and implement efficiency improvements to streamline and accelerate the project certification and financing process, including through initiatives such as single certifications for revolving facilities, programmatic certification of similar groups of small projects, expansion of internal authority to approve qualified projects below certain monetary thresholds, and expedited certification for public sector projects subject to lender bidding processes."
SUBCHAPTER XXIX—UNITED STATES-MEXICO BORDER HEALTH COMMISSION
§290n. Appointment of members of Border Health Commission
Not later than 30 days after November 29, 1999, the President shall appoint the United States members of the United States-Mexico Border Health Commission, and shall attempt to conclude an agreement with Mexico providing for the establishment of such Commission.
(Pub. L. 103–400, §2, as added Pub. L. 106–113, div. B, §1000(a)(4) [title V, §516(1)], Nov. 29, 1999, 113 Stat. 1535, 1501A-276.)
Editorial Notes
Prior Provisions
A prior section 290n, Pub. L. 103–400, §2, Oct. 22, 1994, 108 Stat. 4169, related to the establishment of the Border Health Commission, prior to repeal by Pub. L. 106–113, div. B, §1000(a)(4) [title V, §516(1)], Nov. 29, 1999, 113 Stat. 1535, 1501A-276.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 103–400, §1, Oct. 22, 1994, 108 Stat. 4169, provided that: "This Act [enacting this subchapter] may be cited as the 'United States-Mexico Border Health Commission Act'."
§290n–1. Duties
It should be the duty of the Commission—
(1) to conduct a comprehensive needs assessment in the United States-Mexico Border Area for the purposes of identifying, evaluating, preventing, and resolving health problems and potential health problems that affect the general population of the area; and
(2) to implement the actions recommended by the needs assessment through—
(A) assisting in the coordination and implementation of the efforts of public and private entities to prevent and resolve such health problems, and
(B) assisting in the coordination and implementation of efforts of public and private entities to educate such population, in a culturally competent manner, concerning such health problems.
(Pub. L. 103–400, §3, Oct. 22, 1994, 108 Stat. 4169; Pub. L. 106–113, div. B, §1000(a)(4) [title V, §516(2)], Nov. 29, 1999, 113 Stat. 1535, 1501A-276.)
Editorial Notes
Amendments
1999—Par. (1). Pub. L. 106–113, §1000(a)(4) [title V, §516(2)(A)], substituted "; and" for semicolon at end.
Par. (2)(B). Pub. L. 106–113, §1000(a)(4) [title V, §516(2)(B)], substituted period for "; and" at end.
Par. (3). Pub. L. 106–113, §1000(a)(4) [title V, §516(2)(C)], struck out par. (3) which read as follows: "to formulate recommendations to the Governments of the United States and Mexico concerning a fair and reasonable method by which the government of one country could reimburse a public or private entity in the other country for the cost of a health care service that the entity furnishes to a citizen of the first country who is unable, through insurance or otherwise, to pay for the service."
§290n–2. Other authorized functions
In addition to the duties described in section 290n–1 of this title, the Commission should be authorized to perform the following functions as the Commission determines to be appropriate—
(1) to conduct or support investigations, research, or studies designed to identify, study, and monitor, on an on-going basis, health problems that affect the general population in the United States-Mexico Border Area;
(2) to conduct or support a binational, public-private effort to establish a comprehensive and coordinated system, which uses advanced technologies to the maximum extent possible, for gathering health-related data and monitoring health problems in the United States-Mexico Border Area; and
(3) to provide financial, technical, or administrative assistance to public or private nonprofit entities who act to prevent or resolve such problems or who educate the population concerning such health problems.
(Pub. L. 103–400, §4, Oct. 22, 1994, 108 Stat. 4169.)
§290n–3. Membership
(a) Number and appointment of United States section
The United States section of the Commission should be composed of 13 members. The section should consist of the following members:
(1) The Secretary of Health and Human Services or the Secretary's delegate.
(2) The commissioners of health or chief health officer from the States of Texas, New Mexico, Arizona, and California or such commissioners' delegates.
(3) Two individuals residing in United States-Mexico Border Area in each of the States of Texas, New Mexico, Arizona, and California who are nominated by the chief executive officer of the respective States and appointed by the President from among individuals who have demonstrated ties to community-based organizations and have demonstrated interest and expertise in health issues of the United States-Mexico Border Area.
(b) Commissioner
The Commissioner of the United States section of the Commission should be the Secretary of Health and Human Services or such individual's delegate to the Commission. The Commissioner should be the leader of the section.
(c) Compensation
Members of the United States section of the Commission who are not employees of the United States or any State—
(1) shall each receive compensation at a rate of not to exceed the daily equivalent of the annual rate of basic pay payable for positions at GS–15 of the General Schedule under section 5332 of title 5 for each day such member is engaged in the actual performance of the duties of the Commission; and
(2) shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services of the Commission.
(Pub. L. 103–400, §5, Oct. 22, 1994, 108 Stat. 4170.)
§290n–4. Regional offices
The Commission may designate or establish one border health office in each of the States of Texas, New Mexico, Arizona, and California. Such office should be located within the United States-Mexico Border Area, and should be coordinated with—
(1) State border health offices; and
(2) local nonprofit organizations designated by the State's chief executive officer and directly involved in border health issues.
If feasible to avoid duplicative efforts, the Commission offices should be located in existing State or local nonprofit offices. The Commission should provide adequate compensation for cooperative efforts and resources.
(Pub. L. 103–400, §6, Oct. 22, 1994, 108 Stat. 4170.)
§290n–5. Reports
Not later than February 1 of each year that occurs more than 1 year after the date of the establishment of the Commission, the Commission should submit an annual report to both the United States Government and the Government of Mexico regarding all activities of the Commission during the preceding calendar year.
(Pub. L. 103–400, §7, Oct. 22, 1994, 108 Stat. 4171.)
§290n–6. Definitions
As used in this subchapter:
(1) Commission
The term "Commission" means the United States-Mexico Border Health Commission.
(2) Health problem
The term "health problem" means a disease or medical ailment or an environmental condition that poses the risk of disease or medical ailment. The term includes diseases, ailments, or risks of disease or ailment caused by or related to environmental factors, control of animals and rabies, control of insect and rodent vectors, disposal of solid and hazardous waste, and control and monitoring of air quality.
(3) Secretary
The term "Secretary" means the Secretary of Health and Human Services.
(4) United States-Mexico Border Area
The term "United States-Mexico Border Area" means the area located in the United States and Mexico within 100 kilometers of the border between the United States and Mexico.
(Pub. L. 103–400, §8, Oct. 22, 1994, 108 Stat. 4171.)
SUBCHAPTER XXX—MIDDLE EAST DEVELOPMENT BANK
§290o. Acceptance of membership
The President is hereby authorized to accept membership for the United States in the Bank for Economic Cooperation and Development in the Middle East and North Africa (in this subchapter referred to as the "Bank") provided for by the agreement establishing the Bank (in this subchapter referred to as the "Agreement"), signed on May 31, 1996.
(Pub. L. 104–208, div. A, title I, §101(c) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–121, 3009-179.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I, §101(c) [title VII], of div. A of Pub. L. 104–208, Sept. 30, 1996, 110 Stat. 3009–121, 3009-179, which is classified principally to this subchapter. For complete classification of title I, §101(c) [title VII], to the Code, see Short Title note below and Tables.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 104–208, div. A, title I, §101(c) [title VII, §701], Sept. 30, 1996, 110 Stat. 3009–121, 2009-179, provided that: "This title [enacting this subchapter and amending sections 262r and 276c–2 of this title and section 24 of Title 12, Banks and Banking] may be cited as the 'Bank for Economic Cooperation and Development in the Middle East and North Africa Act'."
§290o–1. Governor and alternate Governor
(a) Appointment
At the inaugural meeting of the Board of Governors of the Bank, the Governor and the alternate for the Governor of the International Bank for Reconstruction and Development, appointed pursuant to section 286a of this title, shall serve ex-officio as a Governor and the alternate for the Governor, respectively, of the Bank. The President, by and with the advice and consent of the Senate, shall appoint a Governor of the Bank and an alternate for the Governor.
(b) Compensation
Any person who serves as a governor of the Bank or as an alternate for the Governor may not receive any salary or other compensation from the United States by reason of such service.
(Pub. L. 104–208, div. A, title I, §101(c) [title VII, §703], Sept. 30, 1996, 110 Stat. 3009–121, 3009-179.)
§290o–2. Applicability of certain provisions of Bretton Woods Agreements Act
Section 286b of this title shall apply to the Bank in the same manner in which such section applies to the International Bank for Reconstruction and Development and the International Monetary Fund.
(Pub. L. 104–208, div. A, title I, §101(c) [title VII, §704], Sept. 30, 1996, 110 Stat. 3009–121, 3009-179.)
Editorial Notes
References in Text
The Bretton Woods Agreements Act, referred to in section catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, which is classified principally to subchapter XV (§286 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 286 of this title and Tables.
§290o–3. Federal Reserve Banks as depositories
Any Federal Reserve Bank which is requested to do so by the Bank may act as its depository, or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall exercise general supervision over the carrying out of these functions.
(Pub. L. 104–208, div. A, title I, §101(c) [title VII, §705], Sept. 30, 1996, 110 Stat. 3009–121, 3009-179.)
§290o–4. Subscription of stock
(a) Subscription authority
(1) In general
The Secretary of the Treasury may subscribe on behalf of the United States to not more than 7,011,270 shares of the capital stock of the Bank.
(2) Effectiveness of subscription commitment
Any commitment to make such subscription shall be effective only to such extent or in such amounts as are provided for in advance by appropriations Acts.
(b) Limitations on authorization of appropriations
For payment by the Secretary of the Treasury of the subscription of the United States for shares described in subsection (a), there are authorized to be appropriated $1,050,007,800 without fiscal year limitation.
(c) Limitations on obligation of appropriated amounts for shares of capital stock
(1) Paid-in capital stock
(A) In general
Not more than $105,000,000 of the amounts appropriated pursuant to subsection (b) may be obligated for subscription to shares of paid-in capital stock.
(B) Fiscal year 1997
Not more than $52,500,000 of the amounts appropriated pursuant to subsection (b) for fiscal year 1997 may be obligated for subscription to shares of paid-in capital stock.
(2) Callable capital stock
Not more than $787,505,852 of the amounts appropriated pursuant to subsection (b) may be obligated for subscription to shares of callable capital stock.
(d) Disposition of net income distributions by Bank
Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
(Pub. L. 104–208, div. A, title I, §101(c) [title VII, §706], Sept. 30, 1996, 110 Stat. 3009–121, 3009-179.)
§290o–5. Jurisdiction and venue of civil actions by or against Bank
(a) Jurisdiction
The United States district courts shall have original and exclusive jurisdiction of any civil action brought in the United States by or against the Bank.
(b) Venue
For purposes of section 1391(b) of title 28, the Bank shall be deemed to be a resident of the judicial district in which the principal office of the Bank in the United States, or its agent appointed for the purpose of accepting service or notice of service, is located.
(Pub. L. 104–208, div. A, title I, §101(c) [title VII, §707], Sept. 30, 1996, 110 Stat. 3009–121, 3009-180.)
§290o–6. Effectiveness of Agreement
The Agreement shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in the Bank and the entry into force of the Agreement.
(Pub. L. 104–208, div. A, title I, §101(c) [title VII, §708], Sept. 30, 1996, 110 Stat. 3009–121, 3009-180.)
§290o–7. Exemption from securities laws for certain securities issued by Bank; reports required
(a) Exemption from securities laws; reports to Securities and Exchange Commission
Any securities issued by the Bank (including any guaranty by the Bank, whether or not limited in scope) in connection with borrowing of funds, or the guarantee of securities as to both principal and interest, shall be deemed to be exempted securities within the meaning of section 77c(a)(2) of title 15 and section 78c(a)(12) of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the public interest or for the protection of investors.
(b) Authority of Securities and Exchange Commission to suspend exemption; reports to Congress
The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, may suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to the Congress such information as it shall deem advisable with regard to the operations and effect of this section.
(Pub. L. 104–208, div. A, title I, §101(c) [title VII, §709], Sept. 30, 1996, 110 Stat. 3009–121, 3009-180.)
SUBCHAPTER XXXI—INTERNATIONAL RENEWABLE ENERGY AGENCY
§290p. Acceptance of statute and membership
For fiscal year 2011 and thereafter, the President is authorized to accept the statute of, and to maintain membership of the United States in, the International Renewable Energy Agency, and the United States' assessed contributions to maintain such membership may be paid from funds appropriated for "Contributions to International Organizations".
(Pub. L. 111–212, title I, §1014, July 29, 2010, 124 Stat. 2332.)
SUBCHAPTER XXXII—ORGANIZATION OF AMERICAN STATES
§290q. Organization of American States revitalization and reform strategy
(a) Strategy
(1) In general
Not later than 180 days after October 2, 2013, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a multiyear strategy that—
(A) identifies a path toward the adoption of necessary reforms that prioritize and reinforce the OAS's core competencies described in section 4(8);
(B) outlines an approach to secure from the OAS effective adoption of—
(i) a results-based budgeting process in order to strategically prioritize, and where appropriate, reduce current and future mandates; and
(ii) transparent hiring, firing, and promotion practices;
(C) reflects the inputs and coordination from other Executive Branch agencies, as appropriate; and
(D) identifies a path toward the adoption of necessary reforms that would—
(i) lead to an assessed fee structure in which no member state would pay more than 50 percent of the OAS's assessed yearly fees; and
(ii) seek to minimize the negative financial impact on the OAS and its operations.
(2) Policy priorities and coordination
The Secretary of State shall—
(A) carry out diplomatic engagement to build support for reforms and budgetary burden sharing among OAS member states and observers; and
(B) promote donor coordination among OAS member states.
(b) Briefings
The Secretary of State shall offer to the committees referred to in subsection (a)(1) a quarterly briefing that—
(1) reviews assessed and voluntary contributions;
(2) analyzes the progress made by the OAS to adopt and effectively implement a results-based budgeting process in order to strategically prioritize, and where appropriate, reduce current and future mandates;
(3) analyzes the progress made by the OAS to adopt and effectively implement transparent and merit-based human resource standards and practices and transparent hiring, firing, and promotion standards and processes, including with respect to factors such as gender and national origin;
(4) analyzes the progress made by the OAS to adopt and effectively implement a practice of soliciting member quotas to be paid on a schedule that will improve the consistency of its operating budget; and
(5) analyzes the progress made by the OAS to review, streamline, and prioritize mandates to focus on core missions and make efficient and effective use of available funding.
(Pub. L. 113–41, §5, Oct. 2, 2013, 127 Stat. 550.)
Editorial Notes
References in Text
Section 4(8), referred to in subsec. (a)(1)(A), is section 4(8) of Pub. L. 113–41, Oct. 2, 2013, 127 Stat. 549, which is not classified to the Code.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 113–41, §1, Oct. 2, 2013, 127 Stat. 548, provided that: "This Act [enacting this section and provisions set out as notes under this section] may be cited as the 'Organization of American States Revitalization and Reform Act of 2013'."
Organization of American States Legislative Engagement
Pub. L. 116–343, Jan. 13, 2021, 134 Stat. 5136, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Organization of American States Legislative Engagement Act of 2020'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) The Charter of the Organization of American States establishes that 'representative democracy is an indispensable condition for the stability, peace and development of the region'.
"(2) Article 2 of the Inter-American Democratic Charter of the Organization of American States affirms that 'the effective exercise of representative democracy is the basis for the rule of law and of the constitutional regimes of the member states of the Organization of American States'.
"(3) Article 26 of the Inter-American Democratic Charter states that 'the OAS will continue to carry out programs and activities designed to promote democratic principles and practices and strengthen a democratic culture in the Hemisphere'.
"(4) In accordance with the OAS Charter and the Inter-American Democratic Charter, the OAS General Assembly, OAS Permanent Council, and OAS Secretariat have established a wide range of cooperative agreements with domestic and international organizations, including national legislative institutions.
"(5) In 2004, OAS General Assembly Resolution 2044 (XXXIV–O/04) appealed for the 'strengthening of legislatures, as well as inter-parliamentary cooperation on key items of the inter-American agenda, with a view, in particular, to generating initiatives to fight corruption, poverty, inequality, and social exclusion'.
"(6) In 2005, OAS General Assembly Resolution 2095 (XXXV–O/05) called on the OAS Secretariat to 'invite [. . .] the presidents or speakers of the national legislative institutions of the Americas, i.e., congresses, parliaments, or national assemblies, [. . .] to attend a special meeting of the Permanent Council [. . .] for the initiation of a dialogue on topics on the hemispheric agenda'.
"(7) In 2014 and 2015, the OAS Secretariat expanded its engagement with elected national legislators from OAS member states by convening two meetings of presidents of national legislatures, first in Lima, Peru and subsequently in Santiago, Chile.
"(8) However, no permanent procedures exist to facilitate the participation of elected national legislators from OAS member states in OAS activities.
"(9) The Organization for Security and Co-operation in Europe (OSCE) Parliamentary Assembly has proven successful at strengthening inter-parliamentary cooperation among its member states.
"SEC. 3. SENSE OF CONGRESS.
"It is that sense of Congress that—
"(1) elected national legislators play an essential role in the exercise of representative democracy in the Americas, including by—
"(A) promoting economic freedom and respect for property rights;
"(B) promoting the rule of law and combating corruption;
"(C) defending human rights and fundamental freedoms; and
"(D) advancing the principles and practices expressed in the Charter of the Organization of American States, the American Declaration on [probably should be "of"] the Rights and Duties of Man, and the Inter-American Democratic Charter;
"(2) establishing procedures and mechanisms to facilitate the participation of elected national legislators from OAS member states in OAS activities could contribute to the promotion of democratic principles and practices and strengthen a democratic culture in the Western Hemisphere;
"(3) increasing and strengthening the participation of elected national legislators from OAS member states in OAS activities could advance the principles and proposals expressed in section 4 of the Organization of American States Revitalization and Reform Act of 2013 (Public Law 113–41; 127 Stat. 549);
"(4) the OAS General Assembly, OAS Permanent Council, and OAS Secretariat should take steps to facilitate greater participation of elected national legislators from OAS member states in OAS activities;
"(5) the OAS Permanent Council resolutions titled 'Guidelines for the Participation of Civil Society [Organizations] in OAS Activities' and 'Strategies for Increasing and Strengthening Participation by Civil Society Organizations in OAS Activities' should serve as important references for efforts to bolster the participation of elected national legislators from OAS member states in OAS activities; and
"(6) the successful experience of the Organization for Security and Co-operation in Europe Parliamentary Assembly should serve as a model to the OAS in creating a similar mechanism.
"SEC. 4. STRENGTHENING PARTICIPATION OF ELECTED NATIONAL LEGISLATORS AT THE OAS.
"(a)
"(1) enhance the participation of democratically elected national legislators from OAS member state countries in OAS activities that advance the principles of the Inter-American Democratic Charter and the core values of the OAS consistent with the principles and proposals expressed in section 4 of the Organization of American States Revitalization and Reform Act of 2013 (Public Law 113–41; 127 Stat. 549);
"(2) create an annual forum for democratically elected national legislatures from OAS member states to discuss issues of hemispheric importance, including regional efforts to defend human rights and combat transnational criminal activities, corruption, and impunity;
"(3) permit elected national legislators from OAS member states to make presentations, contribute information, and provide expert advice, as appropriate, to the OAS Secretariat, OAS Permanent Council, and OAS General Assembly about OAS activities on issues of hemispheric importance;
"(4) lead to the creation of a mechanism to regularly facilitate the participation of elected national legislators in OAS activities; and
"(5) reinforce OAS Secretariat programs that provide technical assistance for the modernization and institutional strengthening of national legislatures from OAS member states.
"(b)
"SEC. 5. SUPPORT FOR OAS HUMAN RIGHTS AND ANTI-CORRUPTION INITIATIVES.
"(a)
"(1) the efforts of the OAS Secretary General and Secretariat to combat corruption and impunity in the Americas represent important contributions to strengthening the rule of law and democratic governance in the Americas; and
"(2) the United States should support efforts to ensure the effectiveness and independence of OAS initiatives to combat corruption and impunity in the Americas.
"(b)
"(1) an assessment of United States programs, activities, and initiatives with the OAS to support anti-corruption and human rights promotion in the Americas;
"(2) a summary of the steps taken by the United States Mission to the OAS to strengthen anti-corruption and anti-impunity efforts in the Americas;
"(3) an assessment of necessary reforms and initiatives to prioritize and reinforce the OAS Secretary General and Secretariat's efforts to advance human rights and combat corruption and impunity in the Americas;
"(4) a detailed plan to facilitate increased OAS collaboration, as appropriate, with relevant stakeholders, including elected national legislators and civil society, in support of an approach to promote human rights and combat transnational criminal activities, corruption, and impunity in the Americas; and
"(5) a detailed plan for implementing the strategy set forth in this section of the Act.
"SEC. 6. REPORTING REQUIREMENTS.
"(a)
"(1) an analysis of the progress made by the OAS to adopt and effectively implement reforms and initiatives to advance human rights and combat corruption and impunity in the Americas; and
"(2) a detailed assessment of OAS efforts to increase stakeholder engagement to advance human rights and combat corruption and impunity in the Americas.
"(b)
"SEC. 7. SENSE OF CONGRESS ON ELECTED NATIONAL LEGISLATOR.
"It is the sense of Congress that an elected national legislator participating in the activities outlined in this Act should be an individual that—
"(1) was elected as a result of periodic, free and fair elections; and
"(2) is not known to be under investigation or convicted for corruption or transnational criminal activities, including trafficking of people, goods, or illicit narcotics, money-laundering, terrorist financing, acts of terrorism, campaign finance violations, bribery, or extortion."
Findings
Pub. L. 113–41, §2, Oct. 2, 2013, 127 Stat. 548, provided that: "Congress makes the following findings:
"(1) The Charter of the Organization of American States recognizes that—
"(A) representative democracy is indispensable for the stability, peace, and development of the Western Hemisphere; and
"(B) a purpose of the Organization of American States is to promote and consolidate representative democracy, with due respect for the principle of nonintervention.
"(2) The United States supports the purposes and principles enshrined in—
"(A) the Charter of the Organization of American States;
"(B) the Inter-American Democratic Charter; and
"(C) the American Declaration on the Rights and Duties of Man.
"(3) The United States supports the Organization of American States in its efforts with all member states to meet our commitments under the instruments set forth in paragraph (2).
"(4) Congress supports the Organization of American States as it operates in a manner consistent with the Inter-American Democratic Charter."
Statement of Policy
Pub. L. 113–41, §3, Oct. 2, 2013, 127 Stat. 548, provided that: "It is the policy of the United States—
"(1) to promote democracy and the rule of law throughout the Western Hemisphere;
"(2) to promote and protect human rights and fundamental freedoms in the Western Hemisphere; and
"(3) to support the practices, purposes, and principles expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, the Inter-American Democratic Charter, and other fundamental instruments of democracy."
CHAPTER 8—FOREIGN SERVICE BUILDINGS
Statutory Notes and Related Subsidiaries
Overseas Buildings Due Diligence
Pub. L. 118–159, div. G, title LXXII, §7207, Dec. 23, 2024, 138 Stat. 2531, provided that:
"(a)
"(1) in which a covered entity is known through reasonable due diligence to have performed covered construction;
"(2) in which due diligence has indicated a covered entity has an ownership interest; or
"(3) where a covered entity is expected to perform covered construction.
"(b)
"(1)
"(A) not later than 7 days before entering into an acquisition, lease, or agreement with a covered building or covered entity doing covered construction; and
"(B) not later than 21 days after becoming aware of an existing lease or agreement occurring with a covered building or covered entity doing covered construction.
"(2)
"(A) a determination of whether the inconsistent acquisition, lease, or agreement is in the national security interest of the United States;
"(B) an identification of the interest advanced by such inconsistent action;
"(C) a detailed explanation for such determination; and
"(D) any action the Secretary has taken or intends to take to mitigate national security vulnerabilities that may be posed by such inconsistent action.
"(c)
"(1)
"(2)
"(A) means any construction, development, conversion, extension, alteration, repair, or maintenance performed with respect to a building; and
"(B) includes the installation or maintenance of electrical, plumbing, heating, ventilation, air conditioning, communication, fire protection, and energy management systems with respect to such building.
"(3)
"(A) owns or controls a significant percent of the ownership interest; or
"(B) otherwise exercises substantial control."
§291. Lease of buildings, etc., for offices, living quarters, heat, light, and equipment
The Secretary of State may lease or rent, for periods not exceeding ten years, such buildings and grounds for the use of the Foreign Service as may be necessary; and he may, in accordance with existing practice without cost to them, and within the limit of any appropriation made by Congress, furnish the officers and employees in the Foreign Service with living quarters, heat, light, and household equipment in Government-owned or rented buildings, at places where, in his judgment, it would be in the public interest to do so, notwithstanding the provisions of section 5536 of title 5; and appropriations for "Contingent expenses, foreign missions," and "Contingent expenses, consulates," are made available for such purposes.
(Apr. 18, 1930, ch. 184, title I, 46 Stat. 177.)
Editorial Notes
Codification
Section was not enacted as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
"Section 5536 of title 5" substituted in text for "section 1765 of the Revised Statutes (U.S.C., title 5, sec. 70; U.S.C., Supp. III, title 5, sec. 70)" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
§292. Acquisition of sites and buildings for diplomatic and consular establishments; allotment of space; credit of payments without regard to limitations of amounts
(a) Authority of Secretary of State
The Secretary of State is empowered to acquire by purchase or construction in the manner hereinafter provided, within the limits of appropriations made to carry out this chapter, by exchange, in whole or in part, of any building or grounds of the United States in foreign countries and under the jurisdiction and control of the Secretary of State, sites and buildings in foreign capitals and in other foreign cities, and to alter, repair, and furnish such buildings for the use of the diplomatic and consular establishments of the United States, or for the purpose of consolidating within one or more buildings, the embassies, legation, consulates, and other agencies of the United States Government there maintained. The space in such buildings shall be allotted by the Secretary of State among the several agencies of the United States Government.
(b) Payments from other than appropriated funds for acquisition of property
Payments made for rent or otherwise by the United States from funds other than appropriations made to carry out this chapter may be credited toward the acquisition of property under this chapter without regard to limitations of amounts imposed by this chapter.
(c) Authorization for improvements and construction
The Secretary of State may improve or construct facilities overseas for other Federal departments and agencies on an advance-of-funds or reimbursable basis if such advances or reimbursements are credited to the Embassy Security, Construction, and Maintenance account and remain available until expended.
(May 7, 1926, ch. 250, §1, 44 Stat. 403; May 29, 1928, ch. 876, §1, 45 Stat. 971; Pub. L. 88–94, §2(b), Aug. 12, 1963, 77 Stat. 122; Pub. L. 89–636, §2, Oct. 10, 1966, 80 Stat. 881; Pub. L. 95–105, title I, §106(a), Aug. 17, 1977, 91 Stat. 845; Pub. L. 114–323, title I, §119, Dec. 16, 2016, 130 Stat. 1912.)
Editorial Notes
Amendments
2016—Subsec. (c). Pub. L. 114–323 added subsec. (c).
1977—Subsec. (a). Pub. L. 95–105, §106(a)(1), substituted "to carry out" for "pursuant to".
Subsec. (b). Pub. L. 95–105, §106(a)(2), substituted "to carry out" for "under authority of".
1966—Pub. L. 89–636 designated existing provisions as subsec. (a) and added subsec. (b).
1963—Pub. L. 88–94 struck out ", subject to the direction of the commission hereinafter established," after "is empowered", "under such terms and conditions as in the judgment of the commission may best protect the interests of the United States," after "in part," and ", to the extent deemed advisable by the commission," after "consolidating" and substituted ". The space in such buildings shall be allotted by the Secretary of State" for ", which buildings shall be appropriately designated by the commission, and the space in which shall be allotted by the Secretary of State under the direction of the commission."
1928—Act May 29, 1928, inserted "or by exchange, in whole or in part, under such terms and conditions as in the judgment of the commission may best protect the interest of the United States, of any building or grounds of the United States in foreign countries and under the jurisdiction and control of the Secretary of State".
Statutory Notes and Related Subsidiaries
Standard Design in Capital Construction
Pub. L. 117–81, div. E, title LII, §5202, Dec. 27, 2021, 135 Stat. 2353, provided that:
"(a)
"(b)
"(1) A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of such project if it were to use a standard design.
"(2) A comparison of the estimated completion date of such project to the estimated completion date of such project if it were to use a standard design.
"(3) A comparison of the security of the completed project to the security of such completed project if it were to use a standard design.
"(4) A justification for the Secretary's selection of a non-standard design over a standard design for such project.
"(5) A written explanation if any of the documentation necessary to support the comparisons and justification, as the case may be, described in paragraphs (1) through (4) cannot be provided.
"(c)
[For definitions of "Department", "Secretary", and "appropriate congressional committees" as used in section 5202 of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.]
[For definition of "non-standard design" as used in section 5202 of Pub. L. 117–81, set out above, see section 5214 of Pub. L. 117–81, set out as a note under section 306 of this title.]
Value Engineering and Risk Assessment
Pub. L. 117–81, div. E, title LII, §5207, Dec. 27, 2021, 135 Stat. 2357, provided that:
"(a)
"(1) Federal departments and agencies are required to use value engineering (VE) as a management tool, where appropriate, to reduce program and acquisition costs pursuant to OMB Circular A–131, Value Engineering, dated December 31, 2013.
"(2) OBO has a Policy Directive and Standard Operation Procedure, dated May 24, 2017, on conducting risk management studies on all international construction projects.
"(b)
"(1)
"(2)
"(c)
"(1) a description of each risk management study referred to in subsection (a)(2) and a table detailing which recommendations related to each such study were accepted and which were rejected; and
"(2) a report or briefing detailing the rationale for not implementing any such recommendations that may otherwise yield significant cost savings to the Department if implemented."
[For definitions of "Department", "Secretary", and "appropriate congressional committees" as used in section 5207 of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.]
Statement of Policy
Pub. L. 117–81, div. E, title LII, §5213, Dec. 27, 2021, 135 Stat. 2358, provided that: "It is the policy of the United States that the Bureau of Overseas Building Operations of the Department or its successor office shall continue to balance functionality and security with accessibility, as defined by guidelines established by the United States Access Board in constructing embassies and consulates, and shall ensure compliance with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the fullest extent possible."
[For definition of "Department" as used in section 5213 of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.]
Property Agreements
Pub. L. 103–236, title I, §134, Apr. 30, 1994, 108 Stat. 396, as amended by Pub. L. 103–415, §1(z), Oct. 25, 1994, 108 Stat. 4302, provided that: "Whenever the Department of State enters into lease-purchase agreements involving property in foreign countries pursuant to section 1 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292), the Department shall account for such transactions in accordance with fiscal year obligations."
§292a. Demonstration of solar and other renewable energy technologies in foreign countries
(a) Use of renewable energy systems in United States buildings in foreign countries
It is the purpose of this section to provide for the demonstration of solar energy and other renewable energy technologies in foreign countries through the use of such energy in buildings acquired under subsection (a) of section 292 of this title, in order that—
(1) countries in which such buildings are located may be given visible incentives to develop and use local solar energy or other renewable energy resources to reduce dependence upon petroleum and petroleum products;
(2) markets may be developed for American solar energy systems and components in order to stimulate investment in such systems and components and to reduce the costs of such systems and components to reasonable levels;
(3) in furtherance of the purpose of section 2151q 1 of this title, cooperation may be developed between the United States and other countries in an effort to develop solar energy or other renewable energy systems within a short period of time; and
(4) equipment which is vital to the operation of sensitive systems within United States missions abroad may be made more reliable and less dependent upon interruptible local energy supplies.
(b) Implementation of renewable energy projects by Secretary
(1) The Secretary of State shall implement projects for the application of solar energy or other forms of renewable energy in buildings acquired under subsection (a) section 292 of this title.
(2) The Secretary of State shall select projects under paragraph (1) in consultation with the Secretary of Energy. Such projects shall apply available solar energy and other renewable energy technologies, including those for—
(A) the heating and cooling of buildings;
(B) solar thermal electric systems;
(C) solar photovoltaic conversion systems;
(D) wind energy systems; and
(E) systems for developing fuels from biomass.
The Secretary of Energy shall inform the Secretary of State of all such technologies which are feasible for such projects, taking into account the resources and environmental conditions of the countries in which such projects are to be implemented. Upon the request of the Secretary of State, the Secretary of Energy shall provide to the Secretary of State any technical information or other technical assistance which the Secretary of State considers necessary with respect to any such project. Any project selected under this section should be similar to projects which have been demonstrated by the Department of Energy (or any of its predecessor agencies) to be reliable, maintainable, and technically feasible.
(3) Any project selected under this section shall be adaptable to the local resources, climatic conditions, and economic circumstances of the country in which such project is implemented in order that such country will be more likely to implement similar projects.
(4) The Secretary of State shall insure that any project selected under this section is demonstrated to, and available for inspection by, officials and other citizens of the country in which such project is implemented.
(5) In selecting projects under this section, the Secretary of State shall give priority to projects to be implemented in developing countries.
(c) Planning for use of renewable energy systems in construction of new buildings
Whenever any building is constructed under the authority contained in section 292 of this title, the Secretary of State shall insure that the planning for such construction takes into account those renewable energy systems which are available in the country in which the building is to be constructed.
(d) Availability of sums previously authorized to be appropriated
In addition to amounts otherwise available for such purposes, $4,000,000 of the amount authorized to be appropriated by section 101(a)(1) of this Act shall be available only to carry out the purposes of this section.
(Pub. L. 95–426, title I, §105, Oct. 7, 1978, 92 Stat. 965.)
Editorial Notes
References in Text
Section 2151q of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 96–533, title III, §304(g), Dec. 16, 1980, 94 Stat. 3147. See section 2151d(a)(2), (b)(2), (c) of this title.
Section 101(a)(1) of this Act, referred to in subsec. (d), means section 101(a)(1) of Pub. L. 95–426, which is not classified to the Code.
Codification
Section was not enacted as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Statutory Notes and Related Subsidiaries
Restrictions on the Use of Funds for Solar Panels
Pub. L. 118–159, div. G, title LXXII, §7208, Dec. 23, 2024, 138 Stat. 2532, provided that: "The Department [of State] may not use Federal funds to procure any solar energy products that were manufactured in the Xinjiang Uyghur Autonomous Region of the People's Republic of China or other regions in the country, which are known to be produced with forced labor."
1 See References in Text note below.
§293. Repealed. Pub. L. 88–94, §2(a), Aug. 12, 1963, 77 Stat. 122
Section, acts May 7, 1926, ch. 250, §2, 44 Stat. 404; May 29, 1928, ch. 876, §2, 45 Stat. 971; June 19, 1952, ch. 446, §1, 66 Stat. 140, established the Foreign Service Buildings Commission, prescribed its duties, abolished the prior commission, authorized the issuance of rules and regulations, required annual reports to Congress and provided for appointment of personnel.
Statutory Notes and Related Subsidiaries
Foreign Service Buildings Commission; References in Other Laws
Pub. L. 88–94, §2(g), Aug. 12, 1963, 77 Stat. 122, provided that: "All references to the Foreign Service Buildings Commission, originally established by the Foreign Service Buildings Act, 1926 [this chapter] in all laws of the United States are hereby repealed."
§294. Manner of use of buildings; contracts for construction, etc.
Buildings and grounds acquired under this chapter or prior to May 7, 1926, acquired or authorized for the use of the diplomatic and consular establishments in foreign countries may be used, in the case of buildings and grounds for the diplomatic establishment, as Government offices or residences or as such offices and residences; or, in the case of other buildings and grounds, as such offices or such offices and residences. The contracts for purchases of buildings, for leases, and for all work of construction, alteration, and repair under this chapter are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States and without regard to section 3324(a) and (b) of title 31.
(May 7, 1926, ch. 250, §3, 44 Stat. 404; Pub. L. 88–94, §2(c), Aug. 12, 1963, 77 Stat. 122; Pub. L. 102–138, title I, §115(c), Oct. 28, 1991, 105 Stat. 656.)
Editorial Notes
Codification
"Section 3324(a) and (b) of title 31" substituted in text for "section 3648 of the Revised Statutes of the United States (31 U.S.C. 529)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Amendments
1991—Pub. L. 102–138 inserted "purchases of buildings, for leases, and for" after "contracts for".
1963—Pub. L. 88–94 struck out ", subject to the direction of the commission," before "be used" and "in the judgment of the commission," after "where necessary," and inserted "and without regard to section 529 of title 31".
§294a. Contracts requiring payment in foreign currency
Whenever a contract is made for the construction, alteration, or repair of a Foreign Service building which requires payments in a foreign currency, the Secretary of State is authorized to purchase such currency at such times and in such amounts (within the total amount of the payments to be made under such contract) as he may deem necessary, the currency so purchased to be disbursed and accounted for at its cost price.
(May 14, 1940, ch. 189, title I, 54 Stat. 186.)
Editorial Notes
Codification
Section was not enacted as a part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Prior Provisions
Prior similar provisions were contained in act June 29, 1939, ch. 248, title I, 53 Stat. 890.
§294b. Support co-location with allied partner nations
The Secretary, following consultation which occurs a reasonable time in advance of the exercise of the authority and includes details on costs and purposes with the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives may alter, repair, and furnish United States Government-owned and leased space for use by the government of a foreign country to facilitate co-location of such government in such space, on such terms and conditions as the Secretary may determine, including with respect to reimbursement of all or part of the costs of such alteration, repair, or furnishing. Reimbursements or advances of funds pursuant to this section may be credited to the currently applicable appropriation and shall be available for the purposes for which such appropriation is authorized.
(Pub. L. 118–159, div. G, title LXXII, §7213, Dec. 23, 2024, 138 Stat. 2535.)
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Secretary" and "appropriate congressional committees" as used in this section, see section 7002 of Pub. L. 118–159, set out as a note under section 2651 of this title.
§295. Authorization of appropriations; Foreign Service Building Fund; expenditures; foreign currencies
(a) For the purpose of carrying into effect the provisions of this chapter there is authorized to be appropriated an amount not exceeding $10,000,000, and the appropriations made pursuant to this authorization shall constitute a fund to be known as the Foreign Service Building Fund, to remain available until expended. Under this authorization not more than $2,000,000 shall be appropriated for any one year, but within the total authorization provided in this chapter the Secretary of State may enter into contracts for the acquisition of the buildings and grounds authorized by this chapter. In the case of the buildings and grounds authorized by this chapter, after the initial alterations, repairs, and furnishing have been completed, subsequent expenditures for such purposes may be made out of the appropriations authorized by this chapter in amounts authorized by the Congress each fiscal year.
(b) For the purpose of carrying into effect the provisions of this chapter there is authorized to be appropriated, in addition to amounts previously authorized, an amount not to exceed $90,000,000, which shall be available exclusively for payments representing the value, in whole or in part, of property or credits in accordance with the provisions of section 295b 1 of this title. Sums appropriated pursuant to this authorization shall remain available until expended.
(c) For the purpose of carrying into effect the provisions of this chapter there is hereby authorized to be appropriated, in addition to amounts previously authorized, an amount not to exceed $10,000,000, which shall remain available until expended.
(d) In addition to amounts authorized before the date of enactment of this section, there is hereby authorized to be appropriated to the Secretary of State—
(1) for acquisition, by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—
(A) for use in Africa, not to exceed $7,140,000 of which not to exceed $3,270,000 may be appropriated for the fiscal year 1964;
(B) for use in the American Republics, not to exceed $5,360,000, of which not to exceed $4,030,000 may be appropriated for the fiscal year 1964;
(C) for use in Europe, not to exceed $6,839,000, of which not to exceed $1,820,000 may be appropriated for the fiscal year 1964;
(D) for use in the Far East, not to exceed $2,350,000, of which not to exceed $2,200,000 may be appropriated for the fiscal year 1964;
(E) for use in the Near East, not to exceed $2,710,000, of which not to exceed $2,100,000 may be appropriated for the fiscal year 1964;
(F) for facilities for the United States Information Agency, not to exceed $1,125,000, of which not to exceed $720,000 may be appropriated for the fiscal year 1964, and
(G) for facilities for agricultural and defense attaché housing, not to exceed $800,000, of which not to exceed $400,000 may be appropriated for the fiscal year 1964;
(2) for use to carry out the other purposes of this chapter, not to exceed $11,500,000 for the fiscal year 1964, $12,000,000 for the fiscal year 1965, $12,200,000 for the fiscal year 1966, $12,400,000 for the fiscal year 1967.
(e) For the purpose of carrying into effect the provisions of this chapter in South Vietnam, there is hereby authorized to be appropriated, in addition to amounts previously authorized prior to May 21, 1965, $2,600,000, to remain available until expended.
(f) In addition to amounts authorized before October 10, 1966, there is hereby authorized to be appropriated to the Secretary of State—
(1) for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—
(A) for use in Africa, not to exceed $5,485,000, of which not to exceed $1,885,000 may be appropriated for the fiscal year 1967;
(B) for use in the American Republics, not to exceed $7,920,000, of which not to exceed $3,585,000 may be appropriated for the fiscal year 1967;
(C) for use in Europe, not to exceed $3,310,000, of which not to exceed $785,000 may be appropriated for the fiscal year 1967;
(D) for use in the Far East, not to exceed $3,150,000, of which not to exceed $560,000 may be appropriated for the fiscal year 1967;
(E) for use in the Near East, not to exceed $6,930,000, of which not to exceed $1,890,000 may be appropriated for the fiscal year 1967;
(F) for facilities for the United States Information Agency, not to exceed $615,000, of which not to exceed $430,000 may be appropriated for the fiscal year 1967;
(G) for facilities for agricultural and defense attaché housing, not to exceed $800,000, of which not to exceed $400,000 may be appropriated for the fiscal year 1967;
(2) for use to carry out the other purposes of this chapter, not to exceed $12,600,000 for the fiscal year 1968, not to exceed $12,750,000 for the fiscal year 1969, not to exceed $13,500,000 for the fiscal year 1970, not to exceed $14,300,000 for the fiscal year 1971, not to exceed $15,000,000 for the fiscal year 1972, and not to exceed $15,900,000 for the fiscal year 1973.
(g) In addition to amounts authorized before June 22, 1973, there is hereby authorized to be appropriated to the Secretary of State—
(1) for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—
(A) for use in Africa, not to exceed $850,000, of which not to exceed $631,000 may be appropriated for the fiscal year 1974;
(B) for use in the American Republics, not to exceed $240,000, of which not to exceed $240,000 may be appropriated for the fiscal year 1974;
(C) for use in Europe, not to exceed $682,000, of which not to exceed $204,000 may be appropriated for the fiscal year 1974;
(D) for use in East Asia, not to exceed $1,243,000, of which not to exceed $985,000 may be appropriated for the fiscal year 1974;
(E) for use in the Near East and South Asia, not to exceed $10,433,000, of which not to exceed $2,287,000 may be appropriated for the fiscal year 1974;
(F) for facilities for the United States Information Agency, not to exceed $45,000 for use beginning in the fiscal year 1975;
(G) for facilities for agricultural and defense attaché housing, not to exceed $318,000 for use beginning in the fiscal year 1974; and
(2) for use to carry out other purposes of this chapter for fiscal years 1974 and 1975, $48,532,000, of which not to exceed $23,066,000 may be appropriated for fiscal year 1974.
(h) In addition to amounts authorized before November 29, 1975, there is authorized to be appropriated to the Secretary of State—
(1) for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—
(A) for use in Europe, not to exceed $225,000 for fiscal year 1977;
(B) for use in the Near East and South Asia, not to exceed $12,885,000, of which not to exceed $3,985,000 may be appropriated for fiscal year 1976;
(C) for facilities for the United States Information Agency, not to exceed $3,400,000, of which not to exceed $2,800,000 may be appropriated for fiscal year 1976;
(D) for facilities for agricultural and defense attaché housing, not to exceed $150,000 for fiscal year 1977; and
(E) for facilities for the United States Agency for International Development, not to exceed $17,200,000 for fiscal year 1977; and
(2) for use to carry out the other purposes of this chapter for fiscal years 1976 and 1977, $73,058,000, of which not to exceed $32,840,000 may be appropriated for fiscal year 1976.
(i)(1) Sums appropriated under authority of this chapter shall remain available until expended. To the maximum extent feasible, expenditures under this chapter shall be made out of foreign currencies owned by or owed to the United States.
(2) Not to exceed 10 per centum of the funds authorized by any subparagraph under paragraph (1) of subsections (d), (f), (g), and (h) of this section may be used for any of the purposes for which funds are authorized under any other subparagraph of any of such paragraph (1).
(3) There are hereby authorized to be appropriated to the Secretary of State such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law.
(j)(1) In addition to exercising any other transfer authority available to the Secretary of State, and subject to paragraph (2), the Secretary may transfer to, and merge with, any appropriation for fiscal year 2018 under the heading "Diplomatic and Consular Programs", including for Worldwide Security Protection, and under the heading "Embassy Security, Construction, and Maintenance" funds appropriated under such headings if the Secretary determines such transfer is necessary to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements.
(A) shall 2 not exceed 20 percent of any appropriation made available for fiscal year 2018 for the Department of State under the heading "Administration of Foreign Affairs", and no such appropriation shall be increased by more than 10 percent by any such transfer; and
(B) shall 2 be merged with funds in the heading to which transferred, and shall be available subject to the same terms and conditions as the funds with which merged.
(2) Not later than 15 days before any transfer of funds pursuant to paragraph (1), the Secretary of State shall notify in writing the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. Any such notification shall include a description of the particular security need necessitating the transfer at issue.
(May 7, 1926, ch. 250, §4, 44 Stat. 404; June 19, 1952, ch. 446, §2, 66 Stat. 140; Pub. L. 86–723, §49, Sept. 8, 1960, 74 Stat. 847; Pub. L. 88–94, §§1, 2(d), Aug. 12, 1963, 77 Stat. 121, 122; Pub. L. 88–414, Aug. 10, 1964, 78 Stat. 387; Pub. L. 89–22, May 21, 1965, 79 Stat. 112; Pub. L. 89–636, §1, Oct. 10, 1966, 80 Stat. 881; Pub. L. 90–442, July 30, 1968, 82 Stat. 461; Pub. L. 91–586, Dec. 24, 1970, 84 Stat. 1578; Pub. L. 93–47, June 22, 1973, 87 Stat. 98; Pub. L. 93–263, Apr. 12, 1974, 88 Stat. 83; Pub. L. 94–141, title I, §171, Nov. 29, 1975, 89 Stat. 760; Pub. L. 94–350, title I, §109, July 12, 1976, 90 Stat. 824; Pub. L. 95–45, §3, June 15, 1977, 91 Stat. 221; Pub. L. 103–199, title V, §503, Dec. 17, 1993, 107 Stat. 2327; Pub. L. 114–323, title I, §113, Dec. 16, 2016, 130 Stat. 1911.)
Editorial Notes
References in Text
Section 295b of this title, referred to in subsec. (b), was omitted from the Code.
Date of enactment of this section, referred to in subsec. (d), probably means the date of enactment of Pub. L. 88–94, which was approved on Aug. 12, 1963.
Amendments
2016—Subsec. (j). Pub. L. 114–323 added subsec. (j).
1993—Subsec. (j). Pub. L. 103–199 struck out subsec. (j) which read as follows: "For the purpose of carrying into effect the provisions of this chapter in the Union of Soviet Socialist Republics, there is authorized to be appropriated, in addition to amounts authorized prior to July 12, 1976, $30,000,000, which amount is authorized to remain available until expended."
1977—Subsec. (h)(1). Pub. L. 95–45 substituted "$225,000" for "$6,725,000" in subpar. (A), "$12,885,000" for "$8,005,000" in subpar. (B), "$3,400,000" for "$3,745,000" in subpar. (C), "$150,000" for "$420,000" in subpar. (D), added subpar. (E), authorizing an appropriation of not to exceed $17,200,000 for facilities for the United States Agency for International Development for fiscal year 1977, and struck out subpars. which had authorized appropriations for Africa, the American Republics, and East Asia for fiscal year 1977.
1976—Subsec. (h)(2). Pub. L. 94–350, §109(1), increased appropriations authorization for fiscal years 1976 and 1977 to $73,058,000 from $71,600,000.
Subsec. (j). Pub. L. 94–350, §109(2), added subsec. (j).
1975—Subsec. (g)(1). Pub. L. 94–141, §171(a), substituted "$850,000" for "$2,190,000" in subpar. (A), "$240,000" for "$375,000" in subpar. (B), "$682,000" for "$4,780,000" in subpar. (C), "$1,243,000" for "$2,585,000" in subpar. (D), and "$10,433,000" for "$3,518,000" in subpar. (E).
Subsec. (h). Pub. L. 94–141, §171(b)(1), added subsec. (h). Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 94–141, §171(b), redesignated former subsec. (h) as (i), and, as so redesignated, in par. (2) inserted reference to subsec. (h) of this section.
1974—Subsec. (g)(1). Pub. L. 93–263, §1(1)–(3), increased appropriations authorization for fiscal year 1974, in subpar. (A) to $631,000 from $590,000, in subpar. (C) to $204,000 from $160,000, and in subpar. (E) to $2,287,000 from $2,218,000.
Subsec. (g)(2). Pub. L. 92–263, §1(4), increased appropriations authorization for fiscal years 1974 and 1975 to $48,532,000 from $45,800,000 and increased limitation for fiscal year 1974, to $23,066,000 from $21,700,000.
1973—Subsec. (g). Pub. L. 93–47, §1(1), added subsec. (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 93–47, §1(1), (2), redesignated former subsec. (g) as (h), struck out from par. (2) provision for application of the paragraph beginning with the fiscal year 1966, inserted reference to subsec. (g), and added par. (3), respectively.
1970—Subsec. (f)(2). Pub. L. 91–586 authorized appropriations of not more than $15,000,000 for fiscal year 1972, and not more than $15,900,000 for fiscal year 1973.
1968—Subsec. (f)(2). Pub. L. 90–442 authorized appropriations not to exceed $13,500,000 for fiscal year 1970, and not to exceed $14,300,000 for fiscal year 1971.
1966—Subsec. (d). Pub. L. 89–636, §1(1), struck out last three sentences providing for availability of appropriated funds until expended, use of foreign currencies for expenditures, and use of funds authorized by any subpar. of par. (1) of subsec. (d), now incorporated in subsec. (g)(1) and (2) of this section, respectively.
Subsec. (e). Pub. L. 89–636, §1(2), substituted "$2,600,000" for "$1,000,000".
Subsec. (f). Pub. L. 89–636, §1(3), added subsec. (f).
Subsec. (g). Pub. L. 89–636, §1(3), redesignated second and third sentences of subsec. (d) as par. (1) and last sentence of subsec. (d) as par. (2), inserting therein provision for use of funds authorized by any subpar. of par. (1) of subsec. (f).
1965—Subsec. (e). Pub. L. 89–22 added subsec. (e).
1964—Subsec. (d). Pub. L. 88–414 authorized appropriations of not more than $12,200,000 for fiscal year 1966, $12,400,000 for fiscal year 1967, and beginning with fiscal year 1966, permitted use of not more than 10 per centum of the funds authorized for any subparagraph under par. (1) of this subsection for the purposes of any other subparagraph of such par. (1).
1963—Subsec. (a). Pub. L. 88–94, §2(d), struck out ", subject to the direction of the commission," after "Secretary of State".
Subsec. (d). Pub. L. 88–94, §1, added subsec. (d).
1960—Subsec. (c). Pub. L. 86–723 added subsec. (c).
Subsec. (b). Act June 19, 1952, added subsec. (b).
1952—Act June 19, 1952, designated existing provisions as subsec. (a), permitted the expenditure of the authorized and appropriated funds for continuing alterations, repairs, and furnishings, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1960 Amendment
Amendment by Pub. L. 86–723 effective on first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86–723.
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
1 See References in Text note below.
§§295a, 295b. Omitted
Editorial Notes
Codification
Section 295a, act May 25, 1938, ch. 275, 52 Stat. 441, authorized additional appropriations of an amount not to exceed $5,000,000.
Section 295b, act June 25, 1946, ch. 643, 60 Stat. 663, authorized additional appropriations of an amount not to exceed $125,000,000 of which $110,000,000 was to be used exclusively for the payments representing the value of property or credits held abroad by the Government or owing to the Government which could have been used by the Department of State for buildings, equipment, etc.
Statutory Notes and Related Subsidiaries
Diplomatic Establishments in Philippine Islands
Acts July 9, 1947, ch. 211, title I, §101, 61 Stat. 288; June 3, 1948, ch. 400, title I, §1, 62 Stat. 315; July 20, 1949, ch. 354, title I, §101, 63 Stat. 456, provided in part that the construction of diplomatic and consular establishments in the Philippines should be without regard to the limitation proviso of section 295a.
§296. Duties of Secretary of State with respect to commission and properties
For the purposes of this chapter the Secretary of State is authorized to supervise, preserve, maintain, operate, and, when deemed necessary, to insure the Foreign Service properties in foreign countries and the other properties acquired in accordance with the provisions of this chapter; to rent and insure objects of art; to collect information and formulate plans; and, without regard to civil service and classification laws, to obtain architectural and other expert technical services as may be necessary and pay therefor the scale of professional fees as established by local authority, law or custom, and to make expenditures without regard to section 295a of this title requiring purchase of articles manufactured in the United States.
(May 7, 1926, ch. 250, §5, 44 Stat. 404; June 19, 1952, ch. 446, §3, 66 Stat. 140.)
Editorial Notes
References in Text
Section 295a of this title, referred to in text, was omitted from the Code.
Amendments
1952—Act June 19, 1952, amended section generally to authorize Secretary of State to supervise, preserve, maintain, operate, and insure Foreign Service property in foreign countries.
§296a. Maintenance management of overseas property
The Director of the Office of Foreign Buildings Operations shall—
(1) direct overseas posts to make annual building condition assessments of buildings and facilities used by the post;
(2) not later than 90 days after October 28, 1991, revise the Foreign Affairs Manual to stipulate that the Buildings and Maintenance Handbook shall be used by each post to identify their maintenance needs, standardize their maintenance operations, and conduct annual assessments as required by paragraph (1);
(3) direct the Office of Foreign Buildings Operations to provide proper training and assistance to posts to ensure that annual surveys are effectively completed; and
(4) direct overseas posts to ensure that all maintenance program fiscal transactions are properly encoded in the Department of State accounting system to enable compilation of actual expenditures on routine maintenance and specific maintenance funded by the Office of Foreign Buildings Operations.
(Pub. L. 102–138, title I, §125, Oct. 28, 1991, 105 Stat. 659.)
Editorial Notes
Codification
Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Statutory Notes and Related Subsidiaries
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title.
§297. Acquisition of property by lease
The authority granted to acquire sites and buildings by purchase or otherwise shall include authority to acquire leaseholds.
(May 7, 1926, ch. 250, §6, 44 Stat. 405; June 19, 1952, ch. 446, §4, 66 Stat. 140; Pub. L. 95–105, title I, §106(b), Aug. 17, 1977, 91 Stat. 845.)
Editorial Notes
Amendments
1977—Pub. L. 95–105 struck out "of not less than ten years" after "acquire leaseholds".
1952—Act June 19, 1952, provided for leaseholds of not less than 10 years.
§297a. Omitted
Editorial Notes
Codification
Section, which related to leaseholds of not less than ten years, was from the Department of State Appropriation Act, 1953, act July 10, 1952, ch. 651, title I, 66 Stat. 550, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:
1951—Oct. 22, 1951, ch. 533, title I, 65 Stat. 577.
1950—Sept. 6, 1950, ch. 896, ch. III, title I, 64 Stat. 610.
1949—July 20, 1949, ch. 354, title I, 63 Stat. 449.
§298. Omitted
Editorial Notes
Codification
Section, act May 7, 1926, ch. 250, §7, 44 Stat. 405, repealed act Feb. 17, 1911, ch. 105, 36 Stat. 917, incorporated as section 133 of this title, with a provision that the repeal "shall not invalidate appropriations already made under the authority of such Act."
§299. Short title
This chapter may be cited as the "Foreign Service Buildings Act, 1926."
(May 7, 1926, ch. 250, §8, 44 Stat. 405.)
§300. Dispositions of property; damage payments; acceptance of gifts or services
(a) Authority of Secretary of State
The Secretary of State is authorized—
(1) to sell, exchange, lease, or license any property or property interest acquired under this chapter, or under other authority, for use of diplomatic and consular establishments in foreign countries or in the United States pursuant to section 4304(b)(5) of this title,
(2) to receive payment in whatever form, or in kind, he determines to be in the interest of the United States for damage to or destruction of property acquired for use of diplomatic and consular establishments abroad, and the contents of such buildings, and
(3) to accept on behalf of the United States gifts of property or services of any kind made by will or otherwise for the purposes of this chapter.
(b) Disposition of proceeds; report to Congress
Proceeds derived from dispositions, payments, or gifts under subsection (a) shall, notwithstanding the provisions of any other law, be applied toward acquisition, construction, or other purposes authorized by this chapter or held in the Foreign Service Buildings Fund, as in the judgment of the Secretary may best serve the Government's interest: Provided, That the Secretary shall report all such transactions annually to the Congress with the budget estimates of the Department of State.
(c) Proceeds from sale of furniture, furnishings, and equipment
Notwithstanding subsection (b), proceeds from the disposition of furniture, furnishings, and equipment from diplomatic and consular establishments in foreign countries shall be deposited into the Foreign Service Building Fund to be available for obligation or expenditure as directed by the Secretary.
(May 7, 1926, ch. 250, §9, as added Apr. 19, 1945, ch. 78, 59 Stat. 53; amended Pub. L. 88–94, §2(e), Aug. 12, 1963, 77 Stat. 122; Pub. L. 89–636, §3, Oct. 10, 1966, 80 Stat. 882; Pub. L. 99–399, title IV, §401(h)(2), Aug. 27, 1986, 100 Stat. 863; Pub. L. 101–246, title I, §116(c), Feb. 16, 1990, 104 Stat. 25.)
Editorial Notes
Amendments
1990—Subsec. (a)(1). Pub. L. 101–246 inserted before comma at end "or in the United States pursuant to section 4304(b)(5) of this title".
1986—Subsec. (c). Pub. L. 99–399 added subsec. (c).
1966—Subsec. (a). Pub. L. 89–636 substituted provisions designated as subsec. (a) and authorizing the Secretary to sell, exchange, lease, or license any property or property interest acquired under this chapter, to receive payment in whatever form, or in kind, for damage to or destruction of buildings or their contents, and to accept gifts of property or services for former provisions which authorized the Secretary, when he found it to be in the Government's interest, to sell buildings and grounds acquired for use of diplomatic and consular establishments in foreign countries.
Subsec. (b). Pub. L. 89–636 substituted provisions designated as subsec. (b) and providing for application of proceeds derived from dispositions, payments, or gifts under subsec. (a) toward acquisition, construction, or other purposes authorized by this chapter, as in the judgment of the Secretary may best serve the Government's interest, for former provision for application of proceeds of sales toward purchase and construction, furnishing, and preservation of other properties.
1963—Pub. L. 88–94 struck out "with the concurrence of the Foreign Service Buildings Commission," after "Government," and ", as in the judgment of the Commission may best serve the Government's interest" after "Foreign Service building fund".
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to the Secretary reporting transactions annually to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 129 of House Document No. 103–7.
§301. Lease or rental arrangements of not less than ten years; approval by Secretary; delegation of authority; information to Congress
(a) Leases
Notwithstanding the provisions of this chapter or any other Act, no lease or other rental arrangement for a period of less than ten years, and requiring an annual payment in excess of $100,000 shall be entered into by the Secretary of State for the purpose of renting or leasing offices, buildings, grounds, or living quarters for the use of the Foreign Service abroad, unless such lease or other rental arrangement is approved by the Secretary. The Secretary may delegate his authority under this section only to the Deputy Under Secretary of State for Administration or to the Director of the Office of Foreign Buildings. The Secretary shall keep the Congress fully and currently informed with respect to leases or other rental arrangements approved under this section.
(b) Advance payments for long-term leases and lease purchase
The Secretary may, subject to the availability of appropriations, make advance payments for long-term leases and lease-purchase agreements, if the Secretary or his designee determines, in each case, that such payments are in the interest of the United States Government in carrying out the purposes of this chapter.
(May 7, 1926, ch. 250, §10, as added Pub. L. 89–636, §4, Oct. 10, 1966, 80 Stat. 882; amended Pub. L. 102–138, title I, §115(a), (b), Oct. 28, 1991, 105 Stat. 655; Pub. L. 117–263, div. I, title XCVII, §9709, Dec. 23, 2022, 136 Stat. 3919.)
Editorial Notes
Amendments
2022—Subsec. (a). Pub. L. 117–263 substituted "$100,000" for "$50,000".
1991—Pub. L. 102–138 designated existing provisions as subsec. (a), inserted heading, substituted "$50,000" for "$25,000,", and added subsec. (b).
Statutory Notes and Related Subsidiaries
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title.
§302. Award of contracts
(a) Eligibility limitation for construction, etc., abroad
Eligibility for award of contracts under this chapter or of any other contract by the Secretary of State, including lease-back or other agreements, the purpose of which is to obtain the construction, alteration, or repair of buildings and grounds abroad, when estimated to exceed $5,000,000, including any contract alternatives or options, shall be limited, after a determination that adequate competition will be obtained thereby, to (1) American-owned bidders and (2) bidders from countries which permit or agree to permit substantially equal access to American bidders for comparable diplomatic and consular building projects, except that participation may be permitted by or limited to host-country bidders where required by international agreement or by the law of the host country or where determined by the Secretary of State to be necessary in the interest of bilateral relations or necessary to carry out the construction project.
(b) Foreign laws and regulations; competitive status and adequacy; bidder qualifications
(1) Generally applicable laws and regulations pertaining to licensing and other qualifications to do business in the country in which the contract is to be performed shall not be deemed a limitation of access for purposes of this section.
(2) For purposes of determining competitive status, bids qualifying under subsection (a)(1) shall be reduced by 10 per centum.
(3) A determination of adequacy of competition for purposes of subsection (a) shall be made after advance publication by the Secretary of State of the proposed project, and receipt from not less than two prospective responsible bidders of intent to submit a bid or proposal. If competition is not determined to be adequate, contracts may be awarded without regard to subsection (a) and this subsection.
(4) Bidder qualification under subsection (a) shall be determined on the basis of nationality of ownership, the burden of which shall be on the prospective bidder. Qualification under subsection (a)(1) shall require evidence of (A) performance of similar construction work in the United States or at a United States diplomatic or consular establishment abroad, and (B) either (i) ownership in excess of fifty percent by United States citizens or permanent residents, or (ii) incorporation in the United States for more than three years and employment of United States citizens or permanent residents in more than half of the corporation's permanent full-time professional and managerial positions in the United States.
(5) Qualification under this section shall be established on the basis of determinations at the time bids are requested.
(c) Contracts for construction, etc., in United States
Contracts for construction, alteration, or repair in the United States for or on behalf of any foreign mission (as defined in section 202(a)(4) 1 of title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4302(a)(4)) may, pursuant to the authority of that title [22 U.S.C. 4301 et seq.], only be awarded to or performed by bidders qualifying under subsection (a) (1) or (2) or by nationals of the country for which the contract is being performed who are granted the right of entry into the United States for that purpose.
(d) Discretionary determinations by Secretary of State
Determinations under this section shall be committed to the discretion of the Secretary of State.
(e) Termination of requirements
This section shall cease to be effective when the Secretary of State determines that there are internationally-agree-upon 2 rules in effect on bidding for construction contracts.
(May 7, 1926, ch. 250, §11, as added Pub. L. 98–164, title I, §136, Nov. 22, 1983, 97 Stat. 1029; amended Pub. L. 107–228, div. A, title II, §206(a), Sept. 30, 2002, 116 Stat. 1364.)
Editorial Notes
References in Text
Title II of the State Department Basic Authorities Act of 1956, referred to in subsec. (c), is title II of act Aug. 1, 1956, ch. 841, as added Aug. 24, 1982, Pub. L. 97–241, title II, §202(b), 96 Stat. 283, known as the Foreign Missions Act, which is classified principally to chapter 53 (§4301 et seq.) of this title. Section 202(a)(4) of title II was redesignated section 202(a)(3), and former section 202(a)(5) was redesignated section 202(a)(4), by Pub. L. 103–236, title I, §162(o)(1), Apr. 30, 1994, 108 Stat. 409. For complete classification of title II to the Code, see Short Title note set out under section 4301 of this title and Tables.
Amendments
2002—Subsec. (b)(4)(A). Pub. L. 107–228 inserted "or at a United States diplomatic or consular establishment abroad" after "United States".
1 See References in Text note below.
2 So in original. Probably should be "internationally-agreed-upon".
§303. Repealed. Pub. L. 114–323, title VII, §715(a)(1), Dec. 16, 2016, 130 Stat. 1946
Section, act May 7, 1926, ch. 250, §12, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, §2215, Oct. 21, 1998, 112 Stat. 2681–814, required Secretary of State to submit annual report on overseas surplus properties.
§304. Biannual report on overseas capital construction projects
(a) In general
Not later than 180 days after December 27, 2021, and every 180 days thereafter until the date that is 4 years after such date, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive report regarding all ongoing overseas capital construction projects and major embassy security upgrade projects.
(b) Contents
Each report required under subsection (a) shall include the following with respect to each ongoing overseas capital construction project and major embassy security upgrade project:
(1) The initial cost estimate as specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations for Acts making appropriations for the Department of State, foreign operations, and related programs.
(2) The current cost estimate.
(3) The value of each request for equitable adjustment received by the Department to date.
(4) The value of each certified claim received by the Department to date.
(5) The value of any usage of the project's contingency fund to date and the value of the remainder of the project's contingency fund.
(6) An enumerated list of each request for adjustment and certified claim that remains outstanding or unresolved.
(7) An enumerated list of each request for equitable adjustment and certified claim that has been fully adjudicated or that the Department has settled, and the final dollar amount of each adjudication or settlement.
(8) The date of estimated completion specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations not later than 45 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs.
(9) The current date of estimated completion.
(c) Initial report
The first report required under subsection (a) shall include an annex regarding all embassy construction projects and major embassy security upgrade projects completed during the 10-year period ending on December 16, 2016, including, for each such project, the following:
(1) The initial cost estimate.
(2) The amount actually expended on the project.
(3) Any additional time required to complete the project beyond the initial timeline.
(4) Any cost overruns incurred by the project.
(Pub. L. 114–323, title I, §118, Dec. 16, 2016, 130 Stat. 1912; Pub. L. 115–94, §2(b), Dec. 18, 2017, 131 Stat. 2038; Pub. L. 117–81, div. E, title LII, §5203(a), Dec. 27, 2021, 135 Stat. 2353.)
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Amendments
2021—Pub. L. 117–81, §5203(a)(1), substituted "Biannual report on overseas capital construction projects" for "Annual report on embassy construction costs" in section catchline.
Subsec. (a). Pub. L. 117–81, §5203(a)(2), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "Not later than 180 days after December 16, 2016, and annually thereafter, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive report regarding all ongoing embassy construction projects and major embassy security upgrade projects."
Subsec. (b). Pub. L. 117–81, §5203(a)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "Each report required under subsection (a) shall include the following with respect to each ongoing embassy construction projects and major embassy security upgrade projects:
"(1) The initial cost estimate.
"(2) The amount expended on the project to date.
"(3) The projected timeline for completing the project.
"(4) Any cost overruns incurred by the project."
2017—Subsec. (a). Pub. L. 115–94 inserted "and the Committees on Appropriations of the Senate and the House of Representatives" after "appropriate congressional committees".
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Secretary" and "appropriate congressional committees" as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
§305. Growth projections for new embassies and consulates
(a) In general
For each new United States embassy compound (NEC) and new consulate compound project (NCC) in or not yet in the design phase as of December 27, 2021, the Department shall project growth over the estimated life of the facility using all available and relevant data, including the following:
(1) Relevant historical trends for Department personnel and personnel from other agencies represented at the NEC or NCC that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs of United States Government policy conducted as part of the most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance of the NEC or NCC, as the case may be, over the life of the building at issue.
(4) Any other data that would be helpful in projecting the future growth of NEC or NCC.
(b) Other Federal agencies
The head of each Federal agency represented at a United States embassy or consulate shall provide to the Secretary, upon request, growth projections for the personnel of each such agency over the estimated life of each embassy or consulate, as the case may be.
(c) Basis for estimates
The Department shall base its growth assumption for all NECs and NCCs on the estimates required under subsections (a) and (b).
(d) Congressional notification
Any congressional notification of site selection for a NEC or NCC submitted after December 27, 2021 shall include the growth assumption used pursuant to subsection (c).
(Pub. L. 117–81, div. E, title LII, §5205, Dec. 27, 2021, 135 Stat. 2355.)
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorization Act of 2021 and also as part of the National Defense Authorization Act for Fiscal Year 2022, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Department" and "Secretary" as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
§306. Contracting methods in capital construction
(a) Delivery
Unless the Secretary of State notifies the appropriate congressional committees that the use of the design-build project delivery method would not be appropriate, the Secretary shall make use of such method at United States diplomatic posts that have not yet received design or capital construction contracts as of December 27, 2021.
(b) Notification
Before executing a contract for a delivery method other than design-build in accordance with subsection (a), the Secretary of State shall notify the appropriate congressional committees in writing of the decision, including the reasons therefor. The notification required by this subsection may be included in any other report regarding a new United States diplomatic post that is required to be submitted to the appropriate congressional committees.
(c) Performance evaluation
Not later than 180 days after December 27, 2021, the Secretary of State shall report to the appropriate congressional committees regarding performance evaluation measures in accordance with GAO's "Standards for Internal Control in the Federal Government" that will be applicable to design and construction, lifecycle cost, and building maintenance programs of the Bureau of Overseas Building Operations of the Department.
(Pub. L. 117–81, div. E, title LII, §5211, Dec. 27, 2021, 135 Stat. 2358.)
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorization Act of 2021 and also as part of the National Defense Authorization Act for Fiscal Year 2022, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "appropriate congressional committees" and "Department" as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.
Pub. L. 117–81, div. E, title LII, §5214, Dec. 27, 2021, 135 Stat. 2359, provided that: "In this title [enacting this section and section 305 of this title, amending sections 304 and 4852 of this title, and enacting provisions set out as notes under sections 292, 4802, and 4851 of this title]:
"(1)
"(2)
CHAPTER 9—FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY
SUBCHAPTER I—WAR MATERIALS
SUBCHAPTER II—NEUTRALITY
SUBCHAPTER III—PREVENTION OF OFFENSES AGAINST NEUTRALITY
Executive Documents
Proclamations Respecting War and Neutrality
See notes preceding section 1 of Title 50, War and National Defense.
SUBCHAPTER I—WAR MATERIALS
§401. Illegal exportation of war materials
(a) Seizure and forfeiture of materials and carriers
Whenever an attempt is made to export or ship from or take out of the United States any arms or munitions of war or other articles in violation of law, or whenever it is known or there shall be probable cause to believe that any arms or munitions of war or other articles are intended to be or are being or have been exported or removed from the United States in violation of law, the Secretary of the Treasury, or any person duly authorized for the purpose by the President, may seize and detain such arms or munitions of war or other articles and may seize and detain any vessel, vehicle, or aircraft containing the same or which has been or is being used in exporting or attempting to export such arms or munitions of war or other articles. The Secretary of Commerce may seize and detain any commodity (other than arms or munitions of war) or technology which is intended to be or is being exported in violation of laws governing such exports and may seize and detain any vessel, vehicle, or aircraft containing the same or which has been used or is being used in exporting or attempting to export such articles. All arms or munitions of war and other articles, vessels, vehicles, and aircraft seized pursuant to this subsection shall be forfeited.
(b) Applicability of laws relating to seizure, forfeiture, and condemnation
All provisions of law relating to seizure, summary and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof. However, with respect to seizures and forfeitures of property under this section by the Secretary of Commerce, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary of Commerce or, upon the request of the Secretary of Commerce, by any other agency that has authority to manage and dispose of seized property. Awards of compensation to informers under this section may be paid only out of funds specifically appropriated therefor.
(c) Disposition of forfeited materials
Arms and munitions of war forfeited under subsection (b) of this section shall be delivered to the Secretary of Defense for such use or disposition as he may deem in the public interest, or, in the event that the Secretary of Defense refuses to accept such arms and munitions of war, they shall be sold or otherwise disposed of as prescribed under existing law in the case of forfeitures for violation of the customs laws.
(June 15, 1917, ch. 30, title VI, §1, 40 Stat. 223; June 17, 1930, ch. 497, title IV, §523, 46 Stat. 740; Aug. 13, 1953, ch. 434, §1, 67 Stat. 577; Pub. L. 105–119, title II, §211(a), Nov. 26, 1997, 111 Stat. 2487.)
Editorial Notes
Amendments
1997—Subsec. (a). Pub. L. 105–119, which directed the amendment of section 401 of title 22, United States Code, by inserting "The Secretary of Commerce may seize and detain any commodity (other than arms or munitions of war) or technology which is intended to be or is being exported in violation of laws governing such exports and may seize and detain any vessel, vehicle, or aircraft containing the same or which has been used or is being used in exporting or attempting to export such articles." after first sentence in subsec. (a), was executed by making the insertion in section 1(a) of act June 15, 1917, ch. 30, which is classified to this section, to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 105–119, which directed the amendment of section 401 of title 22, United States Code, by inserting "However, with respect to seizures and forfeitures of property under this section by the Secretary of Commerce, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary of Commerce or, upon the request of the Secretary of Commerce, by any other agency that has authority to manage and dispose of seized property." after "and not inconsistent with the provisions hereof." in subsec. (b), was executed by making the insertion in section 1(b) of act June 15, 1917, ch. 30, which is classified to this section, to reflect the probable intent of Congress.
1953—Act Aug. 13, 1953, provided not only seizure and forfeiture of articles or merchandise which are being, or are intended to be illegally exported, and the vehicle, vessel, or aircraft in which exportation is intended to accomplish, but also for the seizure and forfeiture of articles or merchandise actually illegally exported out, the carrier used to effectuate the exportation, provided for applicability of laws relating to seizure, summary and judicial forfeiture and condemnation, and provided for the disposition of seized materials.
1930—Act June 17, 1930, substituted "comptrollers of customs" for "Naval officers of customs".
Executive Documents
Ex. Ord. No. 10863. Authorization of Attorney General To Seize Arms and Munitions of War, and Other Articles
Ex. Ord. No. 10863, Feb. 18, 1960, 25 F.R. 1507, provided:
By virtue of the authority vested in me by section 1 of Title VI of the act of June 15, 1917, 40 Stat. 223, as amended by section 1 of the act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401), it is ordered as follows:
Dwight D. Eisenhower.
§§402 to 405. Repealed. Aug. 13, 1953, ch. 434, §2, 67 Stat. 577
Section 402, act June 15, 1917, ch. 30, title VI, §2, 40 Stat. 224, related to issuance of warrant for detention of seized property.
Section 403, act June 15, 1917, ch. 30, title VI, §3, 40 Stat. 224, related to filing petition for restoration of seized property.
Section 404, acts June 15, 1917, ch. 30, title VI, §4, 40 Stat. 224; Mar. 1, 1929, ch. 420, 45 Stat. 1423, related to institution of libel proceedings and sale of seized property.
Section 405, act June 15, 1917, ch. 30, title VI, §5, 40 Stat. 224, related to method of trial and bond for redelivery.
For subject matter of sections 402 to 405 of this title, see section 401 of this title.
§406. Interference with foreign trade
Except in those cases in which the exportation of arms and munitions of war or other articles is forbidden by proclamation or otherwise by the President, as provided in section 401 of this title, nothing herein contained shall be construed to extend to, or interfere with any trade in such commodities, conducted with any foreign port or place wheresoever, or with any other trade which might have been lawfully carried on before June 15, 1917, under the law of nations, or under the treaties or conventions entered into by the United States, or under the laws thereof.
(June 15, 1917, ch. 30, title VI, §6, 40 Stat. 225.)
Editorial Notes
References in Text
Herein, referred to in text, means act June 15, 1917, ch. 30, title VI, 40 Stat. 223, which enacted sections 31 to 39, 98, 130 to 133, 288, 343 to 346, 381, 502, 535, 536, 574, and 611 to 633 of former Title 18, Criminal Code and Criminal Procedure, sections 213, 231 to 233, 235, 401 to 408a, 462, and 465 of this title, and sections 30 to 42, former section 191, former sections 192 to 194, and section 195 of Title 50, War and National Defense, and amended sections 25, 27, and 349 of former Title 18. For complete classification of this Act to the Code, see Tables.
§407. Repealed. Aug. 13, 1953, ch. 434, §2, 67 Stat. 577
Section, act June 15, 1917, ch. 30, title VI, §7, 40 Stat. 225, related to President's discretion to release seized property. See section 401 of this title.
§408. Use of land and naval forces to prevent exportation
The President may employ such part of the land or naval forces of the United States as he may deem necessary to carry out the purposes of sections 401 to 408 of this title.
(June 15, 1917, ch. 30, title VI, §8, 40 Stat. 225.)
Executive Documents
Air Force
For transfer of certain functions insofar as they pertain to the Air Force, and to the extent that they were not previously transferred to the Secretary of the Air Force from the Secretary of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(1)], July 22, 1949.
§408a. "United States" defined
The term "United States" as used in this Act includes the Canal Zone and all territory and waters, continental or insular, subject to the jurisdiction of the United States.
(June 15, 1917, ch. 30, title XIII, §1, 40 Stat. 231.)
Editorial Notes
References in Text
This Act, referred to in text, means act June 15, 1917, ch. 30, 40 Stat. 217, which enacted sections 31 to 39, 98, 130 to 133, 288, 343 to 346, 381, 502, 535, 536, 574, and 611 to 633 of former Title 18, Criminal Code and Criminal Procedure, sections 213, 231 to 233, 235, 401 to 408a, 462, and 465 of this title, and sections 30 to 42, former section 191, former sections 192 to 194, and section 195 of Title 50, War and National Defense, and amended sections 25, 27, and 349 of former Title 18. For complete classification of this Act to the Code, see Tables.
For definition of Canal Zone, referred to in text, see section 3602(b) of this title.
§§409, 410. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948
Section 409, act Jan. 31, 1922, ch. 44, §1, 42 Stat. 361, related to prohibition against exportation of arms to American countries or countries under American jurisdiction in a state of domestic violence. See section 1934 of this title.
Section 410, act Jan. 31, 1922, ch. 44, §2, 42 Stat. 361, related to penalties. See section 1934 of this title.
§§411 to 419. Omitted
Editorial Notes
Codification
Sections 411, 412, and 413 to 419, popularly known as the Lend-Lease Act, terminated not later than June 30, 1946, pursuant to section 412 of this title.
Section 411, act Mar. 11, 1941, ch. 11, §2, 55 Stat. 31, defined "defense article" and "defense information" for purpose of lease, loan, etc., of war materials in interest of United States defense.
Section 412, acts Mar. 11, 1941, ch. 11, §3, 55 Stat. 31; Mar. 11, 1943, ch. 15, 57 Stat. 20; May 17, 1944, ch. 198, §§1, 2, 58 Stat. 222, 223; Apr. 16, 1945, ch. 61, §§1, 2, 59 Stat. 52, provided for procurement for and transfer of defense articles to other countries, repairs, limitation on amount, termination of powers after June 30, 1946, or after passage of concurrent resolution by both Houses before June 30, 1946, whichever is the earlier, naval convoys, and combat area navigation.
Section 412a, act Mar. 18, 1943, ch. 17, title I, §1, 57 Stat. 25, prohibited disposition of merchant vessels under sections 411 to 419 of this title except by lease for duration of war.
Section 413, act Mar. 11, 1941, ch. 11, §4, 55 Stat. 32, provided for contract restrictions against disposal of transferred articles by transferee governments.
Section 414, act Mar. 11, 1941, ch. 11, §5, 55 Stat. 32, provided for information regarding articles exported and reports to Congress. Section 5(b) of act Mar. 11, 1941, ch. 11, 55 Stat. 32, formerly classified to section 414(b) of this title, provided for reports with respect to operations under the Lend-Lease Act, and was repealed by Pub. L. 89–348, §1(19), Nov. 8, 1965, 79 Stat. 1311.
Section 415, acts Mar. 11, 1941, ch. 11, §6, 55 Stat. 33; Mar. 11, 1943, ch. 15, 57 Stat. 20; May 17, 1944, ch. 198, §1, 58 Stat. 222; Apr. 16, 1945, ch. 61, §1, 59 Stat. 52; July 25, 1947, ch. 327, §1, 61 Stat. 449, authorized appropriations.
Section 416, act Mar. 11, 1941, ch. 11, §7, 55 Stat. 33, provided for protection of patent rights.
Section 417, act Mar. 11, 1941, ch. 11, §8, 55 Stat. 33, provided for acquisition of war materials from foreign governments.
Section 418, act Mar. 11, 1941, ch. 11, §9, 55 Stat. 33, authorized executive promulgation of rules and regulations and delegation of powers.
Section 419, act Mar. 11, 1941, ch. 11, §10, 55 Stat. 33, related to effect of act Mar. 11, 1941 on existing laws relating to use of land and naval forces.
Statutory Notes and Related Subsidiaries
Additional Defense Aid to Other Countries; Lease of Certain Ships, Barges, Etc.
Acts Feb. 7, 1942, ch. 46, title III, §301, 56 Stat. 82; Oct. 26, 1942, ch. 629, title I, §103, 56 Stat. 994; Feb. 19, 1943, ch. 1, §4, 57 Stat. 4, June 26, 1943, ch. 147, §118, 57 Stat. 217; June 22, 1944, ch. 269, §121, 58 Stat. 322; May 29, 1945, ch. 130, §119, 59 Stat. 222, provided for additional defense aid to countries deemed vital to the defense of the United States and for the lease of ships for periods not extending beyond the termination of the national emergency.
Limitation on Appropriations
Act Apr. 28, 1942, ch. 247, title II, §201, 56 Stat. 233, provided that limitation of $2,500,000,000 shall apply to all appropriations made to the Navy Department since Mar. 11, 1941.
Reduction in Value of Defense Articles
The value of defense articles was reduced to $800,000,000 by act Dec. 17, 1941, ch. 591, title I, §102, 55 Stat. 813, and as thus limited was made inapplicable to the War Department after Dec. 17, 1941.
Definitions
Act Mar. 5, 1942, ch. 141, title III, §303, 56 Stat. 131, provided that the term "defense article" shall be deemed to include defense information and services, and the expenses in connection with the procurement or supplying of defense articles, information, and services.
§420. Repealed. July 25, 1947, ch. 327, §1, 61 Stat. 449
Section, acts May 2, 1941, ch. 84, §5, 55 Stat. 150; June 16, 1942, ch. 416, 56 Stat. 370, related to application of sections 1119a and 1119b of former Title 46, Shipping, to functions of the Maritime Commission under sections 411, 412 and 413 to 419 of this title.
§421. Contracts by Government agencies for defense articles, services, etc., for foreign governments in interests of United States
The President may, from time to time, when he deems it in the interest of national defense, authorize the head of any department or agency of the Government, to enter into contracts for the procurement of defense articles, information, or services for the government of any country whose defense the President deems vital to the defense of the United States, to the extent that such government agrees to pay the United States for such defense articles, information, or services prior to the receipt thereof and to make such payments from time to time as the President may require to protect the interests of the United States; and, upon payment of the full cost, the President may dispose of such articles, information, or services to such government: Provided, That the total amount of the outstanding contracts under this section, less the amounts which have been paid to the United States under such contracts, shall at no time exceed $600,000,000.
(Oct. 28, 1941, ch. 460, title I, §102, 55 Stat. 746.)
§422. Retention for United States of defense articles procured for foreign governments
Any defense article procured pursuant to section 421 of this title shall be retained by or transferred to and for the use of such department or agency of the United States as the President may determine, in lieu of being disposed of to a foreign government, whenever in the judgment of the President the defense of the United States will be best served thereby.
(Oct. 28, 1941, ch. 460, title I, §103, 55 Stat. 747.)
§423. Omitted
Editorial Notes
Codification
Section, act June 14, 1943, ch. 122, §2, 57 Stat. 152, related to retention for defense of United States of certain articles, information or service procured for foreign governments from funds appropriated by act June 14, 1943 or prior acts appropriating funds to the President for such purposes.
SUBCHAPTER II—NEUTRALITY
§441. Proclamation of state of war between foreign states
(a) Issuance of proclamation
Whenever the President, or the Congress by concurrent resolution, shall find that there exists a state of war between foreign states, and that it is necessary to promote the security or preserve the peace of the United States or to protect the lives of citizens of the United States, the President shall issue a proclamation naming the states involved; and he shall, from time to time, by proclamation, name other states as and when they may become involved in the war.
(b) Revocation of proclamation
Whenever the state of war which shall have caused the President to issue any proclamation under the authority of this section shall have ceased to exist with respect to any state named in such proclamation, he shall revoke such proclamation with respect to such state.
(Nov. 4, 1939, ch. 2, §1, 54 Stat. 4.)
Statutory Notes and Related Subsidiaries
Short Title
Joint Res. Nov. 4, 1939, ch. 2, §20, 54 Stat. 12, provided that: "This joint resolution [enacting this subchapter] may be cited as the 'Neutrality Act of 1939'."
Repeals
Joint Res. Nov. 4, 1939, ch. 2, §19, 54 Stat. 12, provided that: "The joint resolution of August 31, 1935, as amended [sections 245a to 245i of this title], and the joint resolution of January 8, 1937 [ch. 1, 50 Stat. 3], are hereby repealed; but offenses committed and penalties, forfeitures, or liabilities incurred under either of such joint resolutions prior to the date of enactment of this joint resolution [this subchapter] may be prosecuted and punished, and suits and proceedings for violations of either of such joint resolutions or of any rule or regulation issued pursuant thereto may be commenced and prosecuted, in the same manner and with the same effect as if such joint resolutions had not been repealed."
Neutrality Act of 1939 not to be deemed repealed or modified in any manner by Joint Res. May 7, 1940, ch. 185, 54 Stat. 179, according to section 3 thereof, which resolution amended section 5(b) of the Trading With the Enemy Act, see section 4305(b) of Title 50, War and National Defense, which resolution approved and confirmed Ex. Ord. No. 8389, amending Ex. Ord. No. 6560, formerly set out as a note under section 95a of Title 12, Banks and Banking, and regulations and general rulings issued by Secretary of Treasury under Ex. Ord. No. 8389.
Separability
Joint Res. Nov. 4, 1939, ch. 2, §17, 54 Stat. 12, provided that: "If any of the provisions of this joint resolution [this subchapter], or the application thereof to any person or circumstance, is held invalid, the remainder of the joint resolution, and the application of such provision to other persons or circumstances, shall not be affected thereby."
Purpose of and Rights Reserved Under Subchapter
Joint Res. Nov. 4, 1939, ch. 2, 54 Stat. 4, provided in part as follows:
"Whereas the United States, desiring to preserve its neutrality in wars between foreign states and desiring also to avoid involvement therein, voluntarily imposes upon its nationals by domestic legislation the restrictions set out in this joint resolution [this subchapter]; and
"Whereas by so doing the United States waives none of its own rights or privileges, or those of any of its nationals, under international law, and expressly reserves all the rights and privileges to which it and its nationals are entitled under the law of nations; and
"Whereas the United States hereby expressly reserves the right to repeal, change or modify this [this subchapter] or any other domestic legislation in the interests of the peace, security or welfare of the United States and its people."
§§442, 443. Repealed. Nov. 17, 1941, ch. 473, §1, 55 Stat. 764
Section 442, Joint Res. Nov. 4, 1939, ch. 2, §2, 54 Stat. 4, related to commerce with states engaged in armed conflict.
Section 443, Joint Res. Nov. 4, 1939, ch. 2, §3, 54 Stat. 7, related to combat areas.
Executive Documents
Definition of Combat Areas
Proc. No. 2376, Nov. 4, 1939, 3 p.m., 4 F.R. 4495, 54 Stat. 2673; Proc. No. 2394, Apr. 10, 1940, 5 F.R. 1400, 54 Stat. 2693; Proc. No. 2410, June 11, 1940, 5:20 p.m. E.S.T., 5 F.R. 2209, 54 Stat. 2708, as modified by Proc. No. 2474, Apr. 10, 1941, 6 F.R. 1905, 55 Stat. 1628, defined various combat areas.
§444. American Red Cross vessels
(a) Transport of officers, American Red Cross personnel, medical personnel, medical supplies, food and clothing
The provisions of section 442(a) 1 of this title shall not prohibit the transportation by vessels, unarmed and not under convoy, under charter or other direction and control of the American Red Cross of officers and American Red Cross personnel, medical personnel, and medical supplies, food, and clothing, for the relief of human suffering: Provided, That where permission has not been given by the blockading power, no American Red Cross vessel shall enter a port where a blockade by aircraft, surface vessel, or submarine is being attempted through the destruction of vessels, or into a port of any country where such blockade of the whole country is being so attempted: Provided further, That such American Red Cross vessel shall be on a mission of mercy only and carrying only Red Cross materials and personnel.
(b) Transport of refugee children
The provisions of sections 442(a) and 443 1 of this title shall not prohibit a vessel, in ballast, unarmed, and not under convoy, and transporting refugee children, under sixteen years of age, from war zones, or combat areas, and shall not prohibit such vessel entering into such war zones or combat areas for this purpose, together with such necessary American citizen adult personnel in charge as may be approved by the Secretary of State, subject to the provisions of the immigration laws, if such vessel is proceeding under safe conduct granted by all of the States named in the proclamations issued under the authority of section 441(a) of this title, and if such vessel has painted on a large scale prominently, distinctly, and unmistakably on each side thereof and upon the superstructure thereof plainly visible from the air an American flag and a statement to the effect that such vessel is a refugee-child rescue ship of the United States or under United States registry: Provided, That every such child so brought into the United States shall, previous to departure from the port of embarkation, have been so sponsored by some responsible American person, natural or corporate, that he will not become a public charge.
(Nov. 4, 1939, ch. 2, §4, 54 Stat. 7; June 26, 1940, ch. 431, 54 Stat. 611; Aug. 27, 1940, ch. 695, 54 Stat. 866.)
Editorial Notes
References in Text
Sections 442(a) and 443 of this title, referred to in subsecs. (a) and (b), were repealed by act Nov. 17, 1941, ch. 473, §1, 55 Stat. 764.
Amendments
1940—Act June 26, 1940, inserted "unarmed and not under convoy", inserted two proviso clauses and struck out "proceeding under safe conduct granted by states named in any proclamation issued under the authority of section 441(a) of this title" after "control of the American Red Cross".
Act Aug. 27, 1940, designated existing provisions as subsec. (a) and added subsec. (b).
1 See References in Text note below.
§445. Travel on vessels of belligerent states
(a) Proscription by Presidential proclamation
Whenever the President shall have issued a proclamation under the authority of section 441(a) of this title it shall thereafter be unlawful for any citizen of the United States to travel on any vessel of any state named in such proclamation, except in accordance with such rules and regulations as may be prescribed.
(b) Revocation of proclamation; effect
Whenever any proclamation issued under the authority of section 441(a) of this title shall have been revoked with respect to any state the provisions of this section shall thereupon cease to apply with respect to such state, except as to offenses committed prior to such revocation.
(Nov. 4, 1939, ch. 2, §5, 54 Stat. 7.)
§446. Repealed. Nov. 17, 1941, ch. 473, §2, 55 Stat. 764
Section, Joint Res. Nov. 4, 1939, ch. 2, §6, 54 Stat. 7, prohibited arming of American merchant vessels. Joint Res. Nov. 17, 1941, §2, which repealed this section, was itself repealed, effective July 1, 1948, by Joint Res. July 25, 1947, ch. 327, §2(a), 61 Stat. 451, which provided that it should remain in full force and effect until such date.
§447. Financial transactions
(a) Bonds, securities, or other obligations
Whenever the President shall have issued a proclamation under the authority of section 441(a) of this title, it shall thereafter be unlawful for any person within the United States to purchase, sell, or exchange bonds, securities, or other obligations of the government of any state named in such proclamation, or of any political subdivision of any such state, or of any person acting for or on behalf of the government of any such state, or political subdivision thereof, issued after the date of such proclamation, or to make any loan or extend any credit (other than necessary credits accruing in connection with the transmission of telegraph, cable, wireless and telephone services) to any such government, political subdivision, or person. The provisions of this subsection shall also apply to the sale by any person within the United States to any person in a state named in any such proclamation of any articles or materials listed in a proclamation referred to in or issued under the authority of section 452(i) 1 of this title.
(b) Renewal or adjustment of indebtedness
The provisions of this section shall not apply to a renewal or adjustment of such indebtedness as may exist on the date of such proclamation.
(c) Fine and imprisonment
Whoever shall knowingly violate any of the provisions of this section or of any regulations issued thereunder shall, upon conviction thereof, be fined not more than $50,000 or imprisoned for not more than five years, or both. Should the violation be by a corporation, organization, or association, each officer or director thereof participating in the violation shall be liable to the penalty herein prescribed.
(d) Revocation of proclamation
Whenever any proclamation issued under the authority of section 441(a) of this title shall have been revoked with respect to any state the provisions of this section shall thereupon cease to apply with respect to such state, except as to offenses committed prior to such revocation.
(e) Wartime
This section shall not be operative when the United States is at war.
(Nov. 4, 1939, ch. 2, §7, 54 Stat. 8; Feb. 21, 1942, ch. 104, 56 Stat. 95.)
Editorial Notes
References in Text
Section 452(i) of this title, referred to in subsec. (a), was repealed by act Aug. 26, 1954, ch. 937, title V, §542(a)(12), 68 Stat. 861. See former section 1934(a) and section 2778(a) of this title.
Amendments
1942—Subsec. (e). Joint Res. Feb. 21, 1942, added subsec. (e).
Statutory Notes and Related Subsidiaries
Operation of Section Postponed Until July 1, 1953
Joint Res. July 3, 1952, ch. 570, §1(b)(7), 66 Stat. 333, as amended by Joint Res. Mar. 31, 1953, ch. 13, §1, 67 Stat. 18, provided that this section which is normally operative in time of peace shall not be operative by reason of the termination of a state of war on Apr. 28, 1952, but rather (in addition to being inoperative, in accordance with their terms, in time of war) shall continue to be inoperative until 6 months after the termination of the national emergency proclaimed by the President on Dec. 16, 1950, 1950 Proc. 2914, 15 F.R. 9029, set out as a note preceding section 1 of Title 50, War and National Defense, or until such earlier date or dates as the Congress may provide, but in no event beyond Apr. 1, 1953.
Repeal of Prior Acts Continuing Section
Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal shall take effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952.
1 See References in Text note below.
§448. Solicitation and collection of funds and contributions
(a) Unlawful acts
Whenever the President shall have issued a proclamation under the authority of section 441(a) of this title, it shall thereafter be unlawful for any person within the United States to solicit or receive any contribution for or on behalf of the government of any state named in such proclamation or for or on behalf of any agent or instrumentality of any such state.
(b) Medical aid, food, and clothing
Nothing in this section shall be construed to prohibit the solicitation or collection of funds and contributions to be used for medical aid and assistance, or for food and clothing to relieve human suffering, when such solicitation or collection of funds and contributions is made on behalf of and for use by any person or organization which is not acting for or on behalf of any such government, but all such solicitations and collections of funds and contributions shall be in accordance with and subject to such rules and regulations as may be prescribed.
(c) Revocation of proclamation
Whenever any proclamation issued under the authority of section 441(a) of this title shall have been revoked with respect to any state the provisions of this section shall thereupon cease to apply with respect to such state, except as to offenses committed prior to such revocation.
(Nov. 4, 1939, ch. 2, §8, 54 Stat. 8.)
§449. American republics
This subchapter (except section 452 1 of this title) shall not apply to any American republic engaged in war against a non-American state or states, provided the American republic is not cooperating with a non-American state or states in such war.
(Nov. 4, 1939, ch. 2, §9, 54 Stat. 8.)
Editorial Notes
References in Text
Section 452 of this title, referred to in text, was repealed by act Aug. 26, 1954, ch. 937, title V, §542(a)(12), 68 Stat. 861. See former section 1934(a) and section 2778(a) of this title.
1 See References in Text note below.
§450. Restrictions on use of American ports
(a) Bond to insure non-delivery of men, ammunition, fuel, etc.
Whenever, during any war in which the United States is neutral, the President, or any person thereunto authorized by him, shall have cause to believe that any vessel, domestic or foreign, whether requiring clearance or not, is about to carry out of a port or from the jurisdiction of the United States, fuel, men, arms, ammunition, implements of war, supplies, dispatches, or information to any warship, tender, or supply ship of a state named in a proclamation issued under the authority of section 441(a) of this title, but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as provided for by section 967 of title 18, and if, in the President's judgment, such action will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security or neutrality of the United States, he shall have the power, and it shall be his duty, to require the owner, master, or person in command thereof, before departing from a port or from the jurisdiction of the United States, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that the vessel will not deliver the men, or any fuel, supplies, dispatches, information, or any part of the cargo, to any warship, tender, or supply ship of a state named in a proclamation issued under the authority of section 441(a) of this title.
(b) Departure prohibited
If the President, or any person thereunto authorized by him, shall find that a vessel, domestic or foreign, in a port of the United States, has previously departed from a port or from the jurisdiction of the United States during such war and delivered men, fuel, supplies, dispatches, information, or any part of its cargo to a warship, tender, or supply ship of a state named in a proclamation issued under the authority of section 441(a) of this title, he may prohibit the departure of such vessel during the duration of the war.
(c) Alien seaman; bond
Whenever the President shall have issued a proclamation under section 441(a) of this title he may, while such proclamation is in effect, require the owner, master, or person in command of any vessel, foreign or domestic, before departing from the United States, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that no alien seaman who arrived on such vessel shall remain in the United States for a longer period than that permitted under the regulations, as amended from time to time, issued pursuant to section 168 1 of title 8. Notwithstanding the provisions of said section 168 1 of title 8, the President may issue such regulations with respect to the landing of such seamen as he deems necessary to insure their departure either on such vessel or another vessel at the expense of such owner, master, or person in command.
(Nov. 4, 1939, ch. 2, §10, 54 Stat. 9.)
Editorial Notes
References in Text
Section 168 of title 8, referred to in subsec. (c), was repealed by act June 27, 1952, ch. 477, §403(a)(13), 66 Stat. 279. See section 1286 of Title 8, Aliens and Nationality.
Codification
In subsec. (a), "section 967 of title 18" substituted for "section 1, title V, chapter 30, of the Act approved June 15, 1917 (40 Stat. 217, 221; U.S.C., 1934 edition, title 18, sec. 31)" on authority of act June 25, 1948, ch. 645, 62 Stat. 863, section 1 of which enacted Title 18, Crimes and Criminal Procedure.
Executive Documents
Delegation of Functions
For delegation to Secretary of Homeland Security of authority vested in President by subsecs. (a) and (b) of this section, see sections 1(n) and 1(o) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President.
1 See References in Text note below.
§451. Submarines and armed merchant vessels
Whenever, during any war in which the United States is neutral, the President shall find that special restrictions placed on the use of the ports and territorial waters of the United States by the submarines or armed merchant vessels of a foreign state will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security of the United States, and shall make proclamation thereof, it shall thereafter be unlawful for any such submarine or armed merchant vessel to enter a port or the territorial waters of the United States or to depart therefrom, except under such conditions and subject to such limitations as the President may prescribe. Whenever, in his judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply, except as to offenses committed prior to such revocation.
(Nov. 4, 1939, ch. 2, §11, 54 Stat. 9.)
Executive Documents
Use of United States Ports and Territorial Waters by Submarines of Foreign Nations
By Proc. Nos. 2375, Nov. 4, 1939, 4 F.R. 4494, 54 Stat. 2672; 2400, Apr. 25, 1940, 5 F.R. 1570, 54 Stat. 2699; 2406, May 11, 1940, 5 F.R. 1690, 54 Stat. 2705; 2409, June 10, 1940, 5 F.R. 2192, 54 Stat. 2707; 2445, Nov. 15, 1940, 5 F.R. 4524, 54 Stat. 2672, submarines of France, Germany, Poland, United Kingdom, India, Australia, Canada, New Zealand, Union of South Africa, Norway, Belgium, the Netherlands, Italy, and Greece were denied use of United States ports and territorial waters.
§452. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(12), 68 Stat. 861
Section, acts Nov. 4, 1939, ch. 2, §12, 54 Stat. 10; Jan. 26, 1942, ch. 19, 56 Stat. 19, established the National Munitions Control Board. See former section 1934 and section 2778 of this title.
Subsec. (h) was subsequently repealed by act Aug. 30, 1954, ch. 1076, §1(28), 68 Stat. 968.
§453. Regulations
The President may, from time to time, promulgate such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out any of the provisions of this subchapter; and he may exercise any power or authority conferred on him by this subchapter through such officer or officers, or agency or agencies, as he shall direct.
(Nov. 4, 1939, ch. 2, §13, 54 Stat. 11.)
Executive Documents
Delegation of Powers
Power to make rules and regulations under this subchapter delegated to Secretary of State by Proc. No. 2374, promulgated Nov. 4, 1939, 4 F.R. 4493, 54 Stat. 2671. See proclamations preceding section 1 of Title 50, War and National Defense.
§454. Unlawful use of the American flag by vessel of foreign state
(a) It shall be unlawful for any vessel belonging to or operating under the jurisdiction of any foreign state to use the flag of the United States thereon, or to make use of any distinctive signs or markings, indicating that the same is an American vessel.
(b) Any vessel violating the provisions of subsection (a) of this section shall be denied for a period of three months the right to enter the ports or territorial waters of the United States except in cases of force majeure.
(Nov. 4, 1939, ch. 2, §14, 54 Stat. 11.)
§455. General penalty provision
In every case of the violation of any of the provisions of this subchapter or of any rule or regulation issued pursuant thereto where a specific penalty is not provided in this subchapter, such violator or violators, upon conviction, shall be fined not more than $10,000, or imprisoned not more than two years, or both.
(Nov. 4, 1939, ch. 2, §15, 54 Stat. 11.)
§456. Definitions
For the purposes of this subchapter—
(a) The term "United States", when used in a geographical sense, includes the several States and Territories, the insular possessions of the United States, the Canal Zone, and the District of Columbia.
(b) The term "person" includes a partnership, company, association, or corporation, as well as a natural person.
(c) The term "vessel" means every description of watercraft and aircraft capable of being used as a means of transportation on, under, or over water.
(d) The term "American vessel" means any vessel documented, and any aircraft registered or licensed, under the laws of the United States.
(e) The term "state" shall include nation, government, and country.
(f) The term "citizen" shall include any individual owing allegiance to the United States, a partnership, company, or association composed in whole or in part of citizens of the United States, and any corporation organized and existing under the laws of the United States as defined in subsection (a) of this section.
(Nov. 4, 1939, ch. 2, §16, 54 Stat. 12; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)
Editorial Notes
References in Text
For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of this title.
Codification
Words "(including the Philippine Islands)" omitted from definition of "United States" in subsec. (a) pursuant to the authority of Proc. No. 2695, which granted independence to the Philippines under the provisions of section 1394 of this title, and which is set out as a note under section 1394.
§457. Appropriations
There is hereby authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and accomplish the purposes of this subchapter.
(Nov. 4, 1939, ch. 2, §18, 54 Stat. 12.)
SUBCHAPTER III—PREVENTION OF OFFENSES AGAINST NEUTRALITY
§461. Enforcement by courts; employment of land or naval forces
The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this subchapter and sections 958 to 962 of title 18; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and penalties of this subchapter and sections 958 to 962 of title 18, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace.
(Mar. 4, 1909, ch. 321, §14, 35 Stat. 1090.)
Editorial Notes
Codification
This subchapter and sections 958 to 962 of title 18, referred to in text, was in the original "this chapter", meaning chapter 2 of the act of Mar. 4, 1909, which had been classified to sections 461 to 464 of this title and sections 21 to 25, and 30 of former Title 18, Criminal Code and Criminal Procedure.
"This subchapter" substituted in text for "sections 461 to 464 of this title".
"Sections 958 to 962 of title 18" substituted in text for "sections 21 to 25, and 30 of title 18" on authority of act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18, Crimes and Criminal Procedure.
Section was formerly classified to section 26 of title 18 prior to the general revision and enactment of Title 18 by act June 25, 1948, ch. 645, §1, 62 Stat. 683.
Prior Provisions
Section was derived from R.S. §5287 (act Apr. 20, 1818, ch. 88, §8, 3 Stat. 449) which was amended by act Feb. 18, 1875, ch. 80, 18 Stat. 320, and was repealed by section 341 of the act of Mar. 4, 1909.
§462. Compelling foreign vessels to depart
It shall be lawful for the President to employ such part of the land or naval forces of the United States, or of the militia thereof, as he may deem necessary to compel any foreign vessel to depart from the United States or any of its possessions in all cases in which, by the law of nations or the treaties of the United States, it ought not to remain, and to detain or prevent any foreign vessel from so departing in all cases in which, by the law of nations or the treaties of the United States, it is not entitled to depart.
(Mar. 4, 1909, ch. 321, §15, 35 Stat. 1091; June 15, 1917, ch. 30, title V, §10, 40 Stat. 223.)
Editorial Notes
Codification
Section was formerly classified to section 27 of title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §1, 62 Stat. 683.
Act June 15, 1917, inserted provisions relating to detention of vessels.
Prior Provisions
Section was derived from R.S. §5288 (act Apr. 20, 1818, ch. 88, §9, 3 Stat. 449), which was repealed by act Mar. 4, 1909, ch. 321, §341, 35 Stat. 1153.
§463. Bonds from armed vessels on clearing
The owners or consignees of every armed vessel sailing out of the ports of, or under the jurisdiction of, the United States, belonging wholly or in part to citizens thereof, shall, before clearing out the same, give bond to the United States, with sufficient sureties, in double the amount of the value of the vessel and cargo on board, including her armament, conditioned that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace.
(Mar. 4, 1909, ch. 321, §16, 35 Stat. 1091.)
Editorial Notes
Codification
Section was formerly classified to section 28 of title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §1, 62 Stat. 683.
Prior Provisions
Section was derived from R.S. §5289 (act Apr. 20, 1818, ch. 88, §10, 3 Stat. 449), which was repealed by act Mar. 4, 1909, ch. 321, §341, 35 Stat. 1153.
§464. Detention by collectors of customs
The several collectors of the customs shall detain any vessel manifestly built for warlike purposes, and about to depart the United States, or any place subject to the jurisdiction thereof, the cargo of which principally consists of arms and munitions of war, when the number of men shipped on board, or other circumstances, render it probable that such vessel is intended to be employed by the owners to cruise or commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, until the decision of the President is had thereon, or until the owner gives such bond and security as is required of the owners of armed vessels by section 463 of this title.
(Mar. 4, 1909, ch. 321, §17, 35 Stat. 1091.)
Editorial Notes
Codification
Section was formerly classified to section 29 of title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §1, 62 Stat. 683.
Prior Provisions
Section was derived from R.S. §5290 (act Apr. 20, 1818, ch. 88, §11, 3 Stat. 450), which was repealed by act Mar. 4, 1909, ch. 321, §341, 35 Stat. 1153.
Executive Documents
Transfer of Functions
Offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965 eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.
§465. Detention of vessels
The President may employ such part of the land or naval forces of the United States as he may deem necessary to carry out the purposes of sections 462 and 465 of this title, and sections 756, 960, 963 to 967, and 3058 of title 18.
(June 15, 1917, ch. 30, title V, §9, 40 Stat. 223.)
Editorial Notes
Codification
This section was not enacted as part of act Mar. 4, 1909, ch. 321, 35 Stat. 1090, which comprises this subchapter.
Sections 462 and 465 of this title, and sections 756, 960, 963 to 967, and 3058 of title 18, referred to in text, was in the original "this title", meaning title V of act June 15, 1917, which had been classified to sections 462 and 465 of this title and sections 25, and 31 to 38 of former Title 18, Criminal Code and Criminal Procedure.
"Sections 756, 960, 963 to 967, and 3058 of title 18" substituted in text for "sections 25, and 31 to 38 of title 18" on authority of act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18, Crimes and Criminal Procedures.
Section was formerly classified to section 38 of title 18 prior to the general revision and enactment of Title 18, by act June 25, 1948, ch. 645, §1, 62 Stat. 683.
Statutory Notes and Related Subsidiaries
Definitions
Definition of United States as used in this section, see section 408a of this title.
CHAPTER 10—HEMISPHERAL RELATIONS
SUBCHAPTER I—GENERALLY
SUBCHAPTER II—WAR MATERIALS
SUBCHAPTER I—GENERALLY
§501. Utilization of services of Government agencies to promote inter-American relations
In order to render closer and more effective the relationship between the American republics the President of the United States is authorized, subject to such appropriations as are made available for the purpose, to utilize the services of the departments, agencies, and independent establishments of the Government in carrying out the reciprocal undertakings and cooperative purposes enunciated in the treaties, resolutions, declarations, and recommendations signed by all of the twenty-one American republics at the Inter-American Conference for the Maintenance of Peace held at Buenos Aires, Argentina, in 1936, and at the Eighth International Conference of American States held at Lima, Peru, in 1938.
(Aug. 9, 1939, ch. 616, §1, 53 Stat. 1290.)
§502. Creation of advisory committees
The President is authorized to create such advisory committees as in his judgment may be of assistance in carrying out the undertakings of this Government under the treaties, resolutions, declarations, and recommendations referred to, but no committee or member thereof shall be allowed any salary or other compensation for services: Provided, however, That they may, within the limits of appropriations made available therefor by the Congress, which appropriations are authorized, be paid their actual transportation expenses and not to exceed $10 per diem in lieu of subsistence and other expenses while away from their homes in attendance upon meetings within the United States under instructions from the Secretary of State.
(Aug. 9, 1939, ch. 616, §2, 53 Stat. 1290.)
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, and advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
§503. Facilitating work of foreign traveling salesmen; licenses and certificates of identification
Whereas the United States has entered into conventions with the Governments of Uruguay, Guatemala, Salvador, Panama, and Venezuela which were signed on August 27, 1918, December 3, 1918, January 28, 1919, February 8, 1919, and July 3, 1919, respectively, for facilitating the work of traveling salesmen; and
Whereas Articles I and II of each of said conventions read as follows:
"
"In case either of the high contracting parties shall be engaged in war, it reserves to itself the right to prevent from operating within its jurisdiction under the provisions of this treaty, or otherwise, enemy nationals or other aliens whose presence it may consider prejudicial to public order and national safety.
"
Now, therefore, the Secretary of Commerce, or any person in the Department of Commerce designated by him, is authorized to issue the licenses and certificates of identification which are provided for by the said Articles I and II, respectively, of the said conventions, or which may be provided for by similar articles in any convention or treaty that may, on and after September 22, 1922, be concluded by the United States with a foreign government, and is further authorized to collect a reasonable fee for each license and certificate of identification issued. The amount of such fee shall be fixed by regulations made by the Secretary of Commerce and shall be paid into the Treasury of the United States quarterly.
(Sept. 22, 1922, ch. 414, 42 Stat. 1028.)
§504. Transfer of hemisphere territory from one non-American power to another; recognition; consultation with American Republics
(1) The United States would not recognize any transfer, and would not acquiesce in any attempt to transfer, any geographic region of this hemisphere from one non-American power to another non-American power; and
(2) If such transfer or attempt to transfer should appear likely, the United States shall, in addition to other measures, immediately consult with the other American republics to determine upon the steps which should be taken to safeguard their common interests.
(Apr. 10, 1941, ch. 49, 55 Stat. 133.)
Statutory Notes and Related Subsidiaries
Purpose of Enactment
The "whereas" clauses preceding the resolving words in Joint Res. Apr. 10, 1941, provided as follows:
"Whereas our traditional policy has been to consider any attempt on the part of non-American powers to extend their system to any portion of this hemisphere as dangerous to the peace and safety not only of this country but of the other American republics; and
"Whereas the American republics agreed at the Inter-American Conference for the Maintenance of Peace held in Buenos Aires in 1936 and at the Eighth International Conference of American States held in Lima in 1938 to consult with one another in the event that the peace, security, or territorial integrity of any American republic should be threatened; and
"Whereas the Meeting of the Foreign Ministers of the American Republics at Panama October 3, 1939, resolved 'That in case any geographic region of America subject to the jurisdiction of any non-American state should be obliged to change its sovereignty and there should result therefrom a danger to the security of the American Continent, a consultative meeting such as the one now being held will be convoked with the urgency that the case may require':".
SUBCHAPTER II—WAR MATERIALS
§521. Military and naval assistance to governments of American Republics
(a) Coast-defense and antiaircraft matériel; ammunition
The President may, in his discretion, authorize the Secretary of the Army to manufacture in factories and arsenals under his jurisdiction, or otherwise procure, coast-defense and antiaircraft matériel, including ammunition therefor, on behalf of the government of any American republic; to sell such matériel and ammunition to any such government; to test or prove such matériel and ammunition prior to sale or delivery to any such government; to repair such matériel on behalf of any such government; and to communicate to any such government plans, specifications, or other information relating to such matériel and ammunition as may be sold to any such government.
(b) Vessels of war; armament, artillery, equipment, and ammunition
The President may, in his discretion, authorize the Secretary of the Navy to construct vessels of war on behalf of the government of any American republic in shipyards under his jurisdiction; to manufacture armament and equipment for such vessels on behalf of any such government in arsenals under his jurisdiction; to sell armament and equipment for such vessels to any such government; to manufacture antiaircraft artillery and ammunition therefor, on behalf of any such government in factories and arsenals under his jurisdiction; to sell antiaircraft artillery and ammunition therefor to any such government; to test or prove such vessels, armament, artillery, ammunition, or equipment prior to sale or delivery to any such government; to repair such vessels, armament, artillery, or equipment on behalf of any such government; and to communicate to any such government plans, specifications, and other information relating to such vessels of war and their armament and equipment or antiaircraft artillery and ammunition therefor, as may be sold to any such government or relating to any vessels of war which any such government may propose to construct or manufacture within its own jurisdiction: Provided, That nothing contained herein shall be construed as authorizing the violation of any of the provisions of any treaty to which the United States is or may become a party or of any established principles or precedents of international law: And provided further, That no transaction authorized herein shall result in expense to the United States, nor involve the extension of credits by the United States: And provided further, That no contract shall be entered into under the terms of this subchapter which shall interfere with or delay the United States in the full use of its shipyards, arsenals, munition plants, and other equipment for its own purposes.
(June 15, 1940, ch. 365, §1, 54 Stat. 396; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Executive Documents
Secretary of the Air Force
For transfer of certain procurement and related functions and property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 6 [§1(a)(41)], eff. Jan. 15, 1948; 39 [§2zz], May 18, 1949.
§522. Transmission of information pertaining to implements of war, vessels, etc.
In carrying out transactions authorized by section 521 of this title, the Secretary of the Army and the Secretary of the Navy are authorized, in their discretion and provided that it be not inconsistent with any defense requirements of the United States or of its possessions, to communicate or transmit to the government of any American republic or to any duly authorized person for the use of such government information pertaining to the arms, ammunition, or implements of war sold under the terms of that section or to any vessels of war constructed within the jurisdiction of any such government, and to export for the use of any such government coast defense and antiaircraft matériel and ammunition therefor, and vessels of war and their armament and equipment involving such information: Provided, That any information thus communicated or transmitted or involved in any such arms, ammunition, implements of war, or equipment when exported shall cease to be considered restricted after one year from the date that such communication or transmission has been authorized or such exportation made.
(June 15, 1940, ch. 365, §2, 54 Stat. 396; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 510. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Executive Documents
Secretary of the Air Force
For transfer of certain procurement and related functions and property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 6 [§1(a)(41)], eff. Jan. 15, 1948, 39 [§2zz], May 18, 1949.
§523. Restriction in contracts against disposal of implements of war, vessels, etc., or information
All contracts or agreements made by the Secretary of the Army or the Secretary of the Navy for the sale to the government of any American republic of any of the arms, ammunition, or implements of war, the sale of which is authorized by this subchapter, shall contain a clause by which the purchaser undertakes not to dispose of such arms, ammunition, or implements of war, or any plans, specifications, or information pertaining thereto, by gift, sale, or any mode of transfer in such manner that such arms, ammunition, implements of war, or plans, specifications, or information pertaining thereto, may become a part of the armament of any state other than an American republic.
(June 15, 1940, ch. 365, §3, 54 Stat. 397; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Executive Documents
Secretary of the Air Force
For transfer of certain procurement and related functions and property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 6 [§1(a)(41)], eff. Jan. 15, 1948, 39 [§2zz], May 18, 1949.
§524. Information on shipments to be given Chairman of National Munitions Control Board
The Secretary of the Army or the Secretary of the Navy, as the case may be, shall, when any arms, ammunition, implements of war, or equipment are exported pursuant to the provisions of this subchapter, immediately inform the Secretary of State, Chairman of the National Munitions Control Board, of the quantities, character, value, terms of sale, and destination of the arms, ammunition, implements of war, or equipment so exported. Such information shall be included in the annual report of the Board.
(June 15, 1940, ch. 365, §4, 54 Stat. 397; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
Editorial Notes
References in Text
National Munitions Control Board, referred to in text, was established under section 452 of this title, which was repealed by act Aug. 26, 1954, ch. 937, title V, §542(a)(12), 68 Stat. 861. See section 2778 of this title.
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Executive Documents
Secretary of the Air Force
For transfer of certain procurement and related functions and property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 6 [§1(a)(41)], eff. Jan. 15, 1948; 39 [§2zz], May 18, 1949.
§525. Appropriations and disposition of receipts
(a) There is hereby authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and accomplish the purposes of this subchapter.
(b) All moneys which may be received from the government of any American republic, in payment for any article delivered or service rendered in compliance with the provisions of this subchapter, shall revert to the respective appropriation or appropriations out of which funds were expended in carrying out the transaction for which money is received, and such moneys shall be available for expenditure for the purpose for which such expended funds were appropriated by law, during the fiscal year in which such funds are received and the ensuing fiscal year.
(June 15, 1940, ch. 365, §5, 54 Stat. 397.)
§526. Protection of patent rights
The Secretary of the Army and the Secretary of the Navy shall in all contracts or agreements for the sale of such matériel fully protect the rights of all citizens of the United States who have patent rights in and to any such matériel which is authorized to be sold and the funds collected for royalties on such patents shall be paid to the owners and holders of such patents.
(June 15, 1940, ch. 365, §6, 54 Stat. 397; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Executive Documents
Secretary of the Air Force
For transfer of certain procurement and related functions and property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 6 [§1(a)(41)], eff. Jan. 15, 1948; 39 [§2zz], May 18, 1949.
§527. Purchases of implements of war, etc., from American Republics
The Secretaries of the Army and of the Navy are authorized to purchase arms, ammunition, and implements of war produced within the jurisdiction of any American republic if such arms, ammunition, or implements of war cannot be produced in the United States.
(June 15, 1940, ch. 365, §7, 54 Stat. 397; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Executive Documents
Secretary of the Air Force
For transfer of certain procurement and related functions and property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 6 [§1(a)(41)], eff. Jan. 15, 1948; 39 [§2zz], May 18, 1949.
CHAPTER 11—FOREIGN AGENTS AND PROPAGANDA
SUBCHAPTER I—GENERALLY
SUBCHAPTER II—REGISTRATION OF FOREIGN PROPAGANDISTS
SUBCHAPTER I—GENERALLY
§601. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948
Section, acts June 15, 1917, ch. 30, title VIII, §3, 40 Stat. 226; Mar. 28, 1940, ch. 72, §6, 54 Stat. 80, related to acting as a foreign agent without notice to Secretary of State. See section 951 of Title 18, Crimes and Criminal Procedure.
SUBCHAPTER II—REGISTRATION OF FOREIGN PROPAGANDISTS
Executive Documents
Ex. Ord. No. 9176. Transfer of Registration Functions From the Secretary of State to the Attorney General
Ex. Ord. No. 9176, May 29, 1942, 7 F.R. 4127, provided:
By virtue of the authority vested in me by Title I of the First War Powers Act, 1941, approved December 18, 1941 (Public Law No. 354, 77th Congress [section 601 et seq. of the former Appendix to Title 50, War and National Defense]), and as President of the United States, it is hereby ordered as follows:
1. All functions, powers and duties of the Secretary of State under the act of June 8, 1938 (52 Stat. 631), as amended by the act of August 7, 1939 (53 Stat. 1244), requiring the registration of agents of foreign principals, are hereby transferred to and vested in the Attorney General.
2. All property, books and records heretofore maintained by the Secretary of State with respect to his administration of said act of June 8, 1938, as amended, are hereby transferred to and vested in the Attorney General.
3. The Attorney General shall furnish to the Secretary of State for such comment, if any, as the Secretary of State may desire to make from the point of view of the foreign relations of the United States, one copy of each registration statement that is hereafter filed with the Attorney General in accordance with the provisions of this Executive order.
4. All rules, regulations and forms which have been issued by the Secretary of State pursuant to the provisions of said act of June 8, 1938, as amended, and which are in effect shall continue in effect until modified, superseded, revoked or repealed by the Attorney General.
5. This order shall become effective as of June 1, 1942.
Franklin D Roosevelt.
§611. Definitions
As used in and for the purposes of this subchapter—
(a) The term "person" includes an individual, partnership, association, corporation, organization, or any other combination of individuals;
(b) The term "foreign principal" includes—
(1) a government of a foreign country and a foreign political party;
(2) a person outside of the United States, unless it is established that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; and
(3) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.
(c) Expect 1 as provided in subsection (d) of this section, the term "agent of a foreign principal" means—
(1) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal, and who directly or through any other person—
(i) engages within the United States in political activities for or in the interests of such foreign principal;
(ii) acts within the United States as a public relations counsel, publicity agent, information-service employee or political consultant for or in the interests of such foreign principal;
(iii) within the United States solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or
(iv) within the United States represents the interests of such foreign principal before any agency or official of the Government of the United States; and
(2) any person who agrees, consents, assumes or purports to act as, or who is or holds himself out to be, whether or not pursuant to contractual relationship, an agent of a foreign principal as defined in clause (1) of this subsection.
(d) The term "agent of a foreign principal" does not include any news or press service or association organized under the laws of the United States or of any State or other place subject to the jurisdiction of the United States, or any newspaper, magazine, periodical, or other publication for which there is on file with the United States Postal Service information in compliance with section 3611 2 of title 39, published in the United States, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation therefor, so long as it is at least 80 per centum beneficially owned by, and its officers and directors, if any, are citizens of the United States, and such news or press service or association, newspaper, magazine, periodical, or other publication, is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined by any foreign principal defined in subsection (b) of this section, or by any agent of a foreign principal required to register under this subchapter;
(e) The term "government of a foreign country" includes any person or group of persons exercising sovereign de facto or de jure political jurisdiction over any country, other than the United States, or over any part of such country, and includes any subdivision of any such group and any group or agency to which such sovereign de facto or de jure authority or functions are directly or indirectly delegated. Such term shall include any faction or body of insurgents within a country assuming to exercise governmental authority whether such faction or body of insurgents has or has not been recognized by the United States;
(f) The term "foreign political party" includes any organization or any other combination of individuals in a country other than the United States, or any unit or branch thereof, having for an aim or purpose, or which is engaged in any activity devoted in whole or in part to, the establishment, administration, control, or acquisition of administration or control, of a government of a foreign country or a subdivision thereof, or the furtherance or influencing of the political or public interests, policies, or relations of a government of a foreign country or a subdivision thereof;
(g) The term "public-relations counsel" includes any person who engages directly or indirectly in informing, advising, or in any way representing a principal in any public relations matter pertaining to political or public interests, policies, or relations of such principal;
(h) The term "publicity agent" includes any person who engages directly or indirectly in the publication or dissemination of oral, visual, graphic, written, or pictorial information or matter of any kind, including publication by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or otherwise;
(i) The term "information-service employee" includes any person who is engaged in furnishing, disseminating, or publishing accounts, descriptions, information, or data with respect to the political, industrial, employment, economic, social, cultural, or other benefits, advantages, facts, or conditions of any country other than the United States or of any government of a foreign country or of a foreign political party or of a partnership, association, corporation, organization, or other combination of individuals organized under the laws of, or having its principal place of business in, a foreign country;
(j) Repealed. Pub. L. 104–65, §9(1)(A), Dec. 19, 1995, 109 Stat. 699.
(k) The term "registration statement" means the registration statement required to be filed with the Attorney General under section 612(a) of this title, and any supplements thereto required to be filed under section 612(b) of this title, and includes all documents and papers required to be filed therewith or amendatory thereof or supplemental thereto, whether attached thereto or incorporated therein by reference;
(l) The term "American republic" includes any of the states which were signatory to the Final Act of the Second Meeting of the Ministers of Foreign Affairs of the American Republics at Habana, Cuba, July 30, 1940;
(m) The term "United States", when used in a geographical sense, includes the several States, the District of Columbia, the Territories, the Canal Zone, the insular possessions, and all other places now or hereafter subject to the civil or military jurisdiction of the United States;
(n) The term "prints" means newspapers and periodicals, books, pamphlets, sheet music, visiting cards, address cards, printing proofs, engravings, photographs, pictures, drawings, plans, maps, patterns to be cut out, catalogs, prospectuses, advertisements, and printed, engraved, lithographed, or autographed notices of various kinds, and, in general, all impressions or reproductions obtained on paper or other material assimilable to paper, on parchment or on cardboard, by means of printing, engraving, lithography, autography, or any other easily recognizable mechanical process, with the exception of the copying press, stamps with movable or immovable type, and the typewriter;
(o) The term "political activities" means any activity that the person engaging in believes will, or that the person intends to, in any way influence any agency or official of the Government of the United States or any section of the public within the United States with reference to formulating, adopting, or changing the domestic or foreign policies of the United States or with reference to the political or public interests, policies, or relations of a government of a foreign country or a foreign political party;
(p) The term "political consultant" means any person who engages in informing or advising any other person with reference to the domestic or foreign policies of the United States or the political or public interest, policies, or relations of a foreign country or of a foreign political party.
(June 8, 1938, ch. 327, §1, 52 Stat. 631; Aug. 7, 1939, ch. 521, §1, 53 Stat. 1244; Apr. 29, 1942, ch. 263, §1, 56 Stat. 249; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Sept. 23, 1950, ch. 1024, title I, §20(a), 64 Stat. 1005; Aug. 1, 1956, ch. 849, §1, 70 Stat. 899; Pub. L. 87–366, §1, Oct. 4, 1961, 75 Stat. 784; Pub. L. 89–486, §1, July 4, 1966, 80 Stat. 244; Pub. L. 91–375, §6(k), Aug. 12, 1970, 84 Stat. 782; Pub. L. 104–65, §9(1), Dec. 19, 1995, 109 Stat. 699.)
Editorial Notes
References in Text
For definition of Canal Zone, referred to in subsec. (m), see section 3602(b) of this title.
Codification
Words "including the Philippine Islands," omitted from definition of "United States" in subsec. (m) pursuant to Proc. No. 2695, which granted independence to the Philippines under the authority of section 1394 of this title, under which section Proc. No. 2695 is set out as a note.
Amendments
1995—Subsec. (j). Pub. L. 104–65, §9(1)(A), struck out subsec. (j) which read as follows: "The term 'political propaganda' includes any oral, visual, graphic, written, pictorial, or other communication or expression by any person (1) which is reasonably adapted to, or which the person disseminating the same believes will, or which he intends to, prevail upon, indoctrinate, convert, induce, or in any other way influence a recipient or any section of the public within the United States with reference to the political or public interests, policies, or relations of a government of a foreign country or a foreign political party or with reference to the foreign policies of the United States or promote in the United States racial, religious, or social dissensions, or (2) which advocates, advises, instigates, or promotes any racial, social, political, or religious disorder, civil riot, or other conflict involving the use of force or violence in any other American republic or the overthrow of any government or political subdivision of any other American republic by any means involving the use of force or violence. As used in this subsection the term 'disseminating' includes transmitting or causing to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce or offering or causing to be offered in the United States mails;".
Subsec. (o). Pub. L. 104–65, §9(1)(B), substituted "any activity that the person engaging in believes will, or that the person intends to, in any way influence" for "the dissemination of political propaganda and any other activity which the person engaging therein believes will, or which he intends to, prevail upon, indoctrinate, convert, induce, persuade, or in any other way influence".
Subsec. (p). Pub. L. 104–65, §9(1)(C), substituted a period for semicolon at end.
Subsec. (q). Pub. L. 104–65, §9(1)(D), struck out subsec. (q) which read as follows: "For the purpose of section 613(d) of this title, activities in furtherance of the bona fide commercial, industrial or financial interests of a domestic person engaged in substantial commercial, industrial or financial operations in the United States shall not be deemed to serve predominantly a foreign interest because such activities also benefit the interests of a foreign person engaged in bona fide trade or commerce which is owned or controlled by, or which owns or controls, such domestic person: Provided, That (i) such foreign person is not, and such activities are not directly or indirectly supervised, directed, controlled, financed or subsidized in whole or in substantial part by, a government of a foreign country or a foreign political party, (ii) the identity of such foreign person is disclosed to the agency or official of the United States with whom such activities are conducted, and (iii) whenever such foreign person owns or controls such domestic person, such activities are substantially in furtherance of the bona fide commercial, industrial or financial interests of such domestic person."
1970—Subsec. (d). Pub. L. 91–375 substituted "file with the United States Postal Service information in compliance with section 3611 of title 39" for "file with the Postmaster General a sworn statement in compliance with section 2 of the Act of August 24, 1912 (37 Stat. 553), as amended".
1966—Subsec. (b). Pub. L. 89–486, §1(1), redesignated former pars. (3) and (4) as (2) and (3), substituted in such par. (3) "combination of persons" for "combination of individuals" and struck out from definition of "foreign principal" former pars. (2), (5), and (6) which included "(2) an individual affiliated or associated with, or supervised, directed, controlled, financed, or subsidized, in whole or in part, by any foreign principal defined in clause (1) of this subsection"; "(5) a domestic partnership, association, corporation, organization, or other combination of individuals, subsidized directly or indirectly, in whole or in part, by any foreign principal defined in clause (1), (3), or (4) of this subsection"; and "(6) a domestic partnership, association, corporation, or other combination of individuals, supervised, directed, controlled, or financed, in whole or in substantial part, by any foreign government or foreign political party".
Subsec. (c). Pub. L. 89–486, §1(2), amended provisions generally to redefine "agent of a foreign principal" by specifying four categories of activities creating the agency relationship where person acts as agent, employee, representative, or servant or at the order of, or under the control of, a foreign principal, by requiring a showing not only of foreign connections but also of certain activities performed by the agent for foreign interests, by making change as it relates to problem of indirect control exerted by foreign principals over their agents, by including political activities and actions as political consultant, by excluding attorneys from the relationship, by incorporating provisions of former par. (3) in par. (2) where a person assumes or purports to act as an agent of a foreign principal, and by eliminating the separate category for military or governmental officials contained in former par. (4).
Subsec. (d). Pub. L. 89–486, §1(3), struck out "clause (1), (2), or (4) of" before "subsection (b)".
Subsec. (g). Pub. L. 89–486, §1(4), inserted "public relations" before "matter pertaining to" and "of such principal" after "or relations".
Subsecs. (o) to (q). Pub. L. 89–486, §1(5), added subsecs. (o) to (q).
1961—Subsec. (b)(6). Pub. L. 87–366 added par. (6).
1956—Subsec. (c)(5). Act Aug. 1, 1956, repealed par. (5) which included within definition of "agent of a foreign principal" any person trained in foreign espionage systems with certain exceptions. See sections 851 and 852 of Title 50, War and National Defense.
1950—Subsec. (c)(5). Act Sept. 23, 1950, added par. (5).
1942—Act Apr. 29, 1942, amended section generally to redefine terms used in this subchapter.
1939—Act Aug. 7, 1939, amended section generally to redefine terms used in this subchapter.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Effective Date of 1966 Amendment
Pub. L. 89–486, §9, July 4, 1966, 80 Stat. 249, provided that: "This Act [enacting sections 219 and 613 of Title 18, Crimes and Criminal Procedure, and amending this section and sections 612 to 616 and 618 of this title] shall take effect ninety days after the date of its enactment [July 4, 1966]."
Effective Date of 1942 Amendment
Act Apr. 29, 1942, ch. 263, §3, 56 Stat. 258, provided that: "This Act [amending this subchapter] shall take effect on the sixtieth day after the date of its approval, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out the provisions of this Act [amending this subchapter]."
Effective Date
Act June 8, 1938, ch. 327, §7, 52 Stat. 633, provided that: "This Act [enacting this subchapter] shall take effect on the ninetieth day after the date of its enactment [June 8, 1938]."
Short Title
Act June 8, 1938, ch. 327, §14, as added by act Apr. 29, 1942, ch. 263, §1, 56 Stat. 258, provided that: "This Act [enacting this subchapter] may be cited as the 'Foreign Agents Registration Act of 1938, as amended'."
Separability; Effect on Existing Law
Act June 8, 1938, ch. 327, §§12, 13, as added by act Apr. 29, 1942, ch. 263, §1, 56 Stat. 258, provided that:
"
"
Transfer of Functions
Act Apr. 29, 1942, ch. 263, §2, 56 Stat. 258, provided that: "Upon the effective date of this Act [see Effective Date of 1942 Amendment note above], all powers, duties, and functions of the Secretary of State under the Act of June 8, 1938 (52 Stat. 631), as amended [this subchapter], shall be transferred to and become vested in the Attorney General, together with all property, books, records, and unexpended balances of appropriations used by or available to the Secretary of State for carrying out the functions devolving on him under the above-cited Act. All rules, regulations, and forms which have been issued by the Secretary of State pursuant to the provisions of said Act, and which are in effect, shall continue in effect until modified, superseded, revoked, or repealed."
Policy and Purpose of Subchapter
Act June 8, 1938, ch. 327, as added by act Apr. 29, 1942, ch. 263, §1, 56 Stat. 248, provided that: "It is hereby declared to be the policy and purpose of this Act [enacting this subchapter] to protect the national defense, internal security, and foreign relations of the United States by requiring public disclosure by persons engaging in propaganda activities and other activities for or on behalf of foreign governments, foreign political parties, and other foreign principals so that the Government and the people of the United States may be informed of the identity of such persons and may appraise their statements and actions in the light of their associations and activities."
1 So in original. Probably should be "Except".
2 So in original. Probably should be section "3685".
§612. Registration statement
(a) Filing; contents
No person shall act as an agent of a foreign principal unless he has filed with the Attorney General a true and complete registration statement and supplements thereto as required by subsections (a) and (b) of this section or unless he is exempt from registration under the provisions of this subchapter. Except as hereinafter provided, every person who becomes an agent of a foreign principal shall, within ten days thereafter, file with the Attorney General, in duplicate, a registration statement, under oath on a form prescribed by the Attorney General. The obligation of an agent of a foreign principal to file a registration statement shall, after the tenth day of his becoming such agent, continue from day to day, and termination of such status shall not relieve such agent from his obligation to file a registration statement for the period during which he was an agent of a foreign principal. The registration statement shall include the following, which shall be regarded as material for the purposes of this subchapter:
(1) Registrant's name, principal business address, and all other business addresses in the United States or elsewhere, and all residence addresses, if any;
(2) Status of the registrant; if an individual, nationality; if a partnership, name, residence addresses, and nationality of each partner and a true and complete copy of its articles of copartnership; if an association, corporation, organization, or any other combination of individuals, the name, residence addresses, and nationality of each director and officer and of each person performing the functions of a director or officer and a true and complete copy of its charter, articles of incorporation, association, constitution, and bylaws, and amendments thereto; a copy of every other instrument or document and a statement of the terms and conditions of every oral agreement relating to its organization, powers, and purposes; and a statement of its ownership and control;
(3) A comprehensive statement of the nature of registrant's business; a complete list of registrant's employees and a statement of the nature of the work of each; the name and address of every foreign principal for whom the registrant is acting, assuming or purporting to act or has agreed to act; the character of the business or other activities of every such foreign principal, and, if any such foreign principal be other than a natural person, a statement of the ownership and control of each; and the extent, if any, to which each such foreign principal is supervised, directed, owned, controlled, financed, or subsidized, in whole or in part, by any government of a foreign country or foreign political party, or by any other foreign principal;
(4) Copies of each written agreement and the terms and conditions of each oral agreement, including all modifications of such agreements, or, where no contract exists, a full statement of all the circumstances, by reason of which the registrant is an agent of a foreign principal; a comprehensive statement of the nature and method of performance of each such contract, and of the existing and proposed activity or activities engaged in or to be engaged in by the registrant as agent of a foreign principal for each such foreign principal, including a detailed statement of any such activity which is a political activity;
(5) The nature and amount of contributions, income, money, or thing of value, if any, that the registrant has received within the preceding sixty days from each such foreign principal, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom received;
(6) A detailed statement of every activity which the registrant is performing or is assuming or purporting or has agreed to perform for himself or any other person other than a foreign principal and which requires his registration hereunder, including a detailed statement of any such activity which is a political activity;
(7) The name, business, and residence addresses, and if an individual, the nationality, of any person other than a foreign principal for whom the registrant is acting, assuming or purporting to act or has agreed to act under such circumstances as require his registration hereunder; the extent to which each such person is supervised, directed, owned, controlled, financed, or subsidized, in whole or in part, by any government of a foreign country or foreign political party or by any other foreign principal; and the nature and amount of contributions, income, money, or thing of value, if any, that the registrant has received during the preceding sixty days from each such person in connection with any of the activities referred to in clause (6) of this subsection, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom received;
(8) A detailed statement of the money and other things of value spent or disposed of by the registrant during the preceding sixty days in furtherance of or in connection with activities which require his registration hereunder and which have been undertaken by him either as an agent of a foreign principal or for himself or any other person or in conection 1 with any activities relating to his becoming an agent of such principal, and a detailed statement of any contributions of money or other things of value made by him during the preceding sixty days (other than contributions the making of which is prohibited under the terms of section 613 2 of title 18) in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office;
(9) Copies of each written agreement and the terms and conditions of each oral agreement, including all modifications of such agreements, or, where no contract exists, a full statement of all the circumstances, by reason of which the registrant is performing or assuming or purporting or has agreed to perform for himself or for a foreign principal or for any person other than a foreign principal any activities which require his registration hereunder;
(10) Such other statements, information, or documents pertinent to the purposes of this subchapter as the Attorney General, having due regard for the national security and the public interest, may from time to time require;
(11) Such further statements and such further copies of documents as are necessary to make the statements made in the registration statement and supplements thereto, and the copies of documents furnished therewith, not misleading.
(b) Supplements; filing period
Every agent of a foreign principal who has filed a registration statement required by subsection (a) of this section shall, within thirty days after the expiration of each period of six months succeeding such filing, file with the Attorney General a supplement thereto under oath, on a form prescribed by the Attorney General, which shall set forth with respect to such preceding six months' period such facts as the Attorney General, having due regard for the national security and the public interest, may deem necessary to make the information required under this section accurate, complete, and current with respect to such period. In connection with the information furnished under clauses (3), (4), (6), and (9) of subsection (a) of this section, the registrant shall give notice to the Attorney General of any changes therein within ten days after such changes occur. If the Attorney General, having due regard for the national security and the public interest, determines that it is necessary to carry out the purposes of this subchapter, he may, in any particular case, require supplements to the registration statement to be filed at more frequent intervals in respect to all or particular items of information to be furnished.
(c) Execution of statement under oath
The registration statement and supplements thereto shall be executed under oath as follows: If the registrant is an individual, by him; if the registrant is a partnership, by the majority of the members thereof; if the registrant is a person other than an individual or a partnership, by a majority of the officers thereof or persons performing the functions of officers or by a majority of the board of directors thereof or persons performing the functions of directors, if any.
(d) Filing of statement not deemed full compliance nor as preclusion from prosecution
The fact that a registration statement or supplement thereto has been filed shall not necessarily be deemed a full compliance with this subchapter and the regulations thereunder on the part of the registrant; nor shall it indicate that the Attorney General has in any way passed upon the merits of such registration statement or supplement thereto; nor shall it preclude prosecution, as provided for in this subchapter, for willful failure to file a registration statement or supplement thereto when due or for a willful false statement of a material fact therein or the willful omission of a material fact required to be stated therein or the willful omission of a material fact or copy of a material document necessary to make the statements made in a registration statement and supplements thereto, and the copies of documents furnished therewith, not misleading.
(e) Incorporation of previous statement by reference
If any agent of a foreign principal, required to register under the provisions of this subchapter, has previously thereto registered with the Attorney General under the provisions of section 2386 of title 18, the Attorney General, in order to eliminate inappropriate duplication, may permit the incorporation by reference in the registration statement or supplements thereto filed hereunder of any information or documents previously filed by such agent of a foreign principal under the provisions of said section.
(f) Exemption by Attorney General
The Attorney General may, by regulation, provide for the exemption—
(1) from registration, or from the requirement of furnishing any of the information required by this section, of any person who is listed as a partner, officer, director, or employee in the registration statement filed by an agent of a foreign principal under this subchapter, and
(2) from the requirement of furnishing any of the information required by this section of any agent of a foreign principal.
where by reason of the nature of the functions or activities of such person the Attorney General, having due regard for the national security and the public interest, determines that such registration, or the furnishing of such information, as the case may be, is not necessary to carry out the purposes of this subchapter.
(g) Electronic filing of registration statements and supplements
A registration statement or supplement required to be filed under this section shall be filed in electronic form, in addition to any other form that may be required by the Attorney General.
(June 8, 1938, ch. 327, §2, 52 Stat. 632; Apr. 29, 1942, ch. 263, §1, 56 Stat. 251; Aug. 3, 1950, ch. 524, §1, 64 Stat. 399; Pub. L. 89–486, §2, July 4, 1966, 80 Stat. 245; Pub. L. 110–81, title II, §212(a), Sept. 14, 2007, 121 Stat. 749.)
Editorial Notes
References in Text
Section 613 of title 18, referred to in subsec. (a)(8), was repealed by Pub. L. 94–283, title II, §201(a), May 11, 1976, 90 Stat. 496.
Codification
In subsec. (e), "section 2386 of title 18" was in the original "the Act of October 17, 1940 (54 Stat. 1201)", which had been classified to sections 14 to 17 of title 18. "Section 2386 of title 18" substituted for "sections 14 to 17 of title 18" on authority of act June 25, 1948, ch. 645, 62 Stat. 863, section 1 of which enacted Title 18, Crimes and Criminal Procedure.
Prior Provisions
Provisions on this subject were contained in sections 612 and 613 of this title prior to general amendment of act June 8, 1938, by act Apr. 29, 1942.
Amendments
2007—Subsec. (g). Pub. L. 110–81 added subsec. (g).
1966—Subsec. (a). Pub. L. 89–486, §2(1), struck out requirement for transmittal of registration statements by the Attorney General to the Secretary of State and provision declaring a failure of transmission not to be a bar to prosecutions, now covered in section 616(b) of this title.
Subsec. (a)(3). Pub. L. 89–486, §2(2), struck out ", unless, and to the extent, this requirement is waived in writing by the Attorney General" after "statement of the nature of the work of each" and provided for a statement of the extent to which a foreign principal is supervised, directed, etc., by any other foreign principal.
Subsec. (a)(4), (6). Pub. L. 89–486, §2(3), (4), inserted ", including a detailed statement of any such activity which is a political activity".
Subsec. (a)(7). Pub. L. 89–486, §2(5), required certain information pertaining to control and financial arrangements with respect to those persons, not themselves foreign principals, who are so related to a foreign principal that their agents when engaged in political activities in the interests of the principal are required to register.
Subsec. (a)(8). Pub. L. 89–486, §2(6), inserted requirement that agent report the money or other things of value spent or disposed of in connection with his becoming the agent of his foreign principal and all political contributions made during the preceding sixty days, other than contributions made on behalf of their principals, such contributions being prohibited under section 613 of title 18.
Subsec. (f). Pub. L. 89–486, §2(7), added subsec. (f).
1950—Subsec. (a). Act Aug. 3, 1950, made failure to register a continuing offense.
1942—Act Apr. 29, 1942, amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Pub. L. 110–81, title II, §212(c), Sept. 14, 2007, 121 Stat. 750, provided that: "The amendments made by this section [amending this section and section 616 of this title] shall take effect on the 90th day after the date of the enactment of this Act [Sept. 14, 2007]."
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–486 effective ninety days after July 4, 1966, see section 9 of Pub. L. 89–486, set out as a note under section 611 of this title.
Effective Date of 1942 Amendment
Amendment by act Apr. 29, 1942, effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a note under section 611 of this title.
Fees for Necessary Expenses of Registration Unit
Pub. L. 102–395, title I, Oct. 6, 1992, 106 Stat. 1831, provided in part that: "In addition, notwithstanding 31 U.S.C. 3302, for fiscal year 1993 and thereafter, the Attorney General shall establish and collect fees to recover necessary expenses of the Registration Unit (to include salaries, supplies, equipment and training) pursuant to the Foreign Agents Registration Act [probably means Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. 611 et seq.], and shall credit such fees to this appropriation, to remain available until expended."
1 So in original. Probably should be "connection".
2 See References in Text note below.
§613. Exemptions
The requirements of section 612(a) of this title shall not apply to the following agents of foreign principals:
(a) Diplomatic or consular officers
A duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, while said officer is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such officer;
(b) Officials of foreign government
Any official of a foreign government, if such government is recognized by the United States, who is not a public-relations counsel, publicity agent, information-service employee, or a citizen of the United States, whose name and status and the character of whose duties as such official are of public record in the Department of State, while said official is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such official;
(c) Staff members of diplomatic or consular officers
Any member of the staff of, or any person employed by, a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, other than a public-relations counsel, publicity agent, or information-service employee, whose name and status and the character of whose duties as such member or employee are of public record in the Department of State, while said member or employee is engaged exclusively in the performance of activities which are recognized by the Department of State as being within the scope of the functions of such member or employee;
(d) Private and nonpolitical activities; solicitation of funds
Any person engaging or agreeing to engage only (1) in private and nonpolitical activities in furtherance of the bona fide trade or commerce of such foreign principal; or (2) in other activities not serving predominantly a foreign interest; or (3) in the soliciting or collecting of funds and contributions within the United States to be used only for medical aid and assistance, or for food and clothing to relieve human suffering, if such solicitation or collection of funds and contributions is in accordance with and subject to the provisions of subchapter II of chapter 9 of this title, and such rules and regulations as may be prescribed thereunder;
(e) Religious, scholastic, or scientific pursuits
Any person engaging or agreeing to engage only in activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or of the fine arts;
(f) Defense of foreign government vital to United States defense
Any person, or employee of such person, whose foreign principal is a government of a foreign country the defense of which the President deems vital to the defense of the United States while, (1) such person or employee engages only in activities which are in furtherance of the policies, public interest, or national defense both of such government and of the Government of the United States, and are not intended to conflict with any of the domestic or foreign policies of the Government of the United States, (2) each communication or expression by such person or employee which he intends to, or has reason to believe will, be published, disseminated, or circulated among any section of the public, or portion thereof, within the United States, is a part of such activities and is believed by such person to be truthful and accurate and the identity of such person as an agent of such foreign principal is disclosed therein, and (3) such government of a foreign country furnishes to the Secretary of State for transmittal to, and retention for the duration of this subchapter by, the Attorney General such information as to the identity and activities of such person or employee at such times as the Attorney General may require. Upon notice to the Government of which such person is an agent or to such person or employee, the Attorney General, having due regard for the public interest and national defense, may, with the approval of the Secretary of State, and shall, at the request of the Secretary of State, terminate in whole or in part the exemption herein of any such person or employee;
(g) Persons qualified to practice law
Any person qualified to practice law, insofar as he engages or agrees to engage in the legal representation of a disclosed foreign principal before any court of law or any agency of the Government of the United States: Provided, That for the purposes of this subsection legal representation does not include attempts to influence or persuade agency personnel or officials other than in the course of judicial proceedings, criminal or civil law enforcement inquiries, investigations, or proceedings, or agency proceedings required by statute or regulation to be conducted on the record.
(h) Agents of foreign principals
Any agent of a person described in section 611(b)(2) of this title or an entity described in section 611(b)(3) of this title if the agent has engaged in lobbying activities and has registered under the Lobbying Disclosure Act of 1995 [2 U.S.C. 1601 et seq.] in connection with the agent's representation of such person or entity.
(June 8, 1938, ch. 327, §3, 52 Stat. 632; Aug. 7, 1939, ch. 521, §2, 53 Stat. 1245; Apr. 29, 1942, ch. 263, §1, 56 Stat. 254; Pub. L. 87–366, §2, Oct. 4, 1961, 75 Stat. 784; Pub. L. 89–486, §3, July 4, 1966, 80 Stat. 246; Pub. L. 104–65, §9(2), (3), Dec. 19, 1995, 109 Stat. 700; Pub. L. 105–166, §5, Apr. 6, 1998, 112 Stat. 39.)
Editorial Notes
References in Text
The Lobbying Disclosure Act of 1995, referred to in subsec. (h), is Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, which is classified principally to chapter 26 (§1601 et seq.) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 2 and Tables.
Prior Provisions
Prior to general amendment of act June 8, 1938, by act Apr. 29, 1942, section related to additional registration statements after each six months period. Provisions on that subject were incorporated in section 612 of this title by 1942 amendment.
Amendments
1998—Subsec. (h). Pub. L. 105–166 substituted "has engaged in lobbying activities and has registered" for "is required to register and does register".
1995—Subsec. (g). Pub. L. 104–65, §9(2), substituted "judicial proceedings, criminal or civil law enforcement inquiries, investigations, or proceedings, or agency proceedings required by statute or regulation to be conducted on the record" for "established agency proceedings, whether formal or informal".
Subsec. (h). Pub. L. 104–65, §9(3), added subsec. (h).
1966—Subsec. (d). Pub. L. 89–486, §3(a), designated existing provisions as cls. (1) and (3), struck out "financial or mercantile" before "activities" in cl. (1), and inserted the cl. (2) exemption of any person engaging or agreeing to engage in other activities not serving predominantly a foreign interest.
Subsec. (g). Pub. L. 89–486, §3(b), added subsec. (g).
1961—Subsec. (d). Pub. L. 87–366 substituted "private and nonpolitical financial or mercantile activities in furtherance" for "private, non-political, financial, mercantile, or other activities in furtherance".
1942—Act Apr. 29, 1942, amended section generally.
1939—Act Aug. 7, 1939, amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–486 effective ninety days after July 4, 1966, see section 9 of Pub. L. 89–486, set out as a note under section 611 of this title.
Effective Date of 1942 Amendment
Amendment by act Apr. 29, 1942, effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a note under section 611 of this title.
§614. Filing and labeling of political propaganda
(a) Copies to Attorney General; statement as to places, times, and extent of transmission
Every person within the United States who is an agent of a foreign principal and required to register under the provisions of this subchapter and who transmits or causes to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce any informational materials for or in the interests of such foreign principal (i) in the form of prints, or (ii) in any other form which is reasonably adapted to being, or which he believes will be, or which he intends to be, disseminated or circulated among two or more persons shall, not later than forty-eight hours after the beginning of the transmittal thereof, file with the Attorney General two copies thereof.
(b) Identification statement
It shall be unlawful for any person within the United States who is an agent of a foreign principal and required to register under the provisions of this subchapter to transmit or cause to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce any informational materials for or in the interests of such foreign principal without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal, and that additional information is on file with the Department of Justice, Washington, District of Columbia. The Attorney General may by rule define what constitutes a conspicuous statement for the purposes of this subsection.
(c) Public inspection
The copies of informational materials required by this subchapter to be filed with the Attorney General shall be available for public inspection under such regulations as he may prescribe.
(d) Library of Congress
For purposes of the Library of Congress, other than for public distribution, the Secretary of the Treasury and the United States Postal Service are authorized, upon the request of the Librarian of Congress, to forward to the Library of Congress fifty copies, or as many fewer thereof as are available, of all foreign prints determined to be prohibited entry under the provisions of section 1305 of title 19 and of all foreign prints excluded from the mails under authority of section 1717 of title 18.
Notwithstanding the provisions of section 1305 of title 19 and of section 1717 of title 18, the Secretary of the Treasury is authorized to permit the entry and the United States Postal Service is authorized to permit the transmittal in the mails of foreign prints imported for governmental purposes by authority or for the use of the United States or for the use of the Library of Congress.
(e) Information furnished to agency or official of United States Government
It shall be unlawful for any person within the United States who is an agent of a foreign principal required to register under the provisions of this subchapter to transmit, convey, or otherwise furnish to any agency or official of the Government (including a Member or committee of either House of Congress) for or in the interests of such foreign principal any political propaganda or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter pertaining to the political or public interests, policies or relations of a foreign country or of a political party or pertaining to the foreign or domestic policies of the United States unless the propaganda or the request is prefaced or accompanied by a true and accurate statement to the effect that such person is registered as an agent of such foreign principal under this subchapter.
(f) Appearances before Congressional committees
Whenever any agent of a foreign principal required to register under this subchapter appears before any committee of Congress to testify for or in the interests of such foreign principal, he shall, at the time of such appearance, furnish the committee with a copy of his most recent registration statement filed with the Department of Justice as an agent of such foreign principal for inclusion in the records of the committee as part of his testimony.
(June 8, 1938, ch. 327, §4, 52 Stat. 632; Aug. 7, 1939, ch. 521, §3, 53 Stat. 1246; Apr. 29, 1942, ch. 263, §1, 56 Stat. 255; Pub. L. 89–486, §4, July 4, 1966, 80 Stat. 246; Pub. L. 91–375, §4(a), Aug. 12, 1970, 84 Stat. 773; Pub. L. 104–65, §9(4)–(6), Dec. 19, 1995, 109 Stat. 700.)
Editorial Notes
Codification
Section 1717 of title 18, referred to in subsec. (d), was in the original "section 1 of title XII of the Act of June 15, 1917 (40 Stat. 230)" which was classified to section 343 of former Title 18, Criminal Code and Criminal Procedure. "Section 1717 of title 18" substituted for "section 343 of title 18" on authority of act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18, Crimes and Criminal Procedure.
Prior Provisions
Prior to general amendment of act June 8, 1938, by act Apr. 29, 1942, section related to retention of statements as public records. Provisions on that subject were incorporated in section 616 of this title by 1942 amendment.
Amendments
1995—Subsec. (a). Pub. L. 104–65, §9(4)(B), which directed striking out "and a statement, duly signed by or on behalf of such an agent, setting forth full information as to the places, times, and extent of such transmittal" after "Attorney General two copies thereof", was executed by striking out such language, which read in part "on behalf of such agent", to reflect the probable intent of Congress.
Pub. L. 104–65, §9(4)(A), substituted "informational materials" for "political propaganda".
Subsec. (b). Pub. L. 104–65, §9(5), substituted "informational materials for or" for "political propaganda for or" and substituted "without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal, and that additional information is on file with the Department of Justice, Washington, District of Columbia. The Attorney General may by rule define what constitutes a conspicuous statement for the purposes of this subsection." for cls. (i) and (ii) and concluding provisions which made it unlawful for an agent of a foreign principal to transmit in the United States political propaganda unless the propaganda identified the agent and contained information about the registration of the agent and authorized the Attorney General to prescribe regulations relating to the information to be provided.
Subsec. (c). Pub. L. 104–65, §9(6), substituted "informational materials" for "political propaganda".
1966—Subsec. (a). Pub. L. 89–486, §4(1), inserted "for or in the interests of such foreign principal" after "political propaganda" and substituted "file with the Attorney General two copies thereof" for "sent to the Librarian of Congress two copies thereof and file with the Attorney General one copy thereof".
Subsec. (b). Pub. L. 89–486, §4(2), inserted "for or in the interests of such foreign principal" after "political propaganda", where first appearing, and "the relationship or connection between the person transmitting the political propaganda or causing it to be transmitted and such propaganda;" after "setting forth" and substituted "such foreign principal" for each of his foreign principals".
Subsec. (c). Pub. L. 89–486, §4(3), substituted "filed with the Attorney General" for "sent to the Librarian of Congress".
Subsecs. (e), (f). Pub. L. 89–486, §4(4), added subsecs. (e) and (f).
1942—Act Apr. 29, 1942, amended section generally.
1939—Act Aug. 7, 1939, amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–486 effective ninety days after July 4, 1966, see section 9 of Pub. L. 89–486, set out as a note under section 611 of this title.
Effective Date of 1942 Amendment
Amendment by act Apr. 29, 1942, effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a note under section 611 of this title.
Transfer of Functions
In subsec. (d), "United States Postal Service" substituted for "Postmaster General" in two places pursuant to Pub. L. 91–375, §4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post Office Department and transferred its functions to United States Postal Service.
§615. Books and records
Every agent of a foreign principal registered under this subchapter shall keep and preserve while he is an agent of a foreign principal such books of account and other records with respect to all his activities, the disclosure of which is required under the provisions of this subchapter, in accordance with such business and accounting practices, as the Attorney General, having due regard for the national security and the public interest, may by regulation prescribe as necessary or appropriate for the enforcement of the provisions of this subchapter and shall preserve the same for a period of three years following the termination of such status. Until regulations are in effect under this section every agent of a foreign principal shall keep books of account and shall preserve all written records with respect to his activities. Such books and records shall be open at all reasonable times to the inspection of any official charged with the enforcement of this subchapter. It shall be unlawful for any person willfully to conceal, destroy, obliterate, mutilate, or falsify, or to attempt to conceal, destroy, obliterate, mutilate, or falsify, or to cause to be concealed, destroyed, obliterated, mutilated, or falsified, any books or records required to be kept under the provisions of this section.
(June 8, 1938, ch. 327, §5, 52 Stat. 633; Apr. 29, 1942, ch. 263, §1, 56 Stat. 256; Pub. L. 89–486, §5, July 4, 1966, 80 Stat. 247.)
Editorial Notes
Prior Provisions
Prior to general amendment of act June 8, 1938, by act Apr. 29, 1942, section related to penalties. Provisions on that subject were incorporated in section 618 of this title by 1942 amendment.
Amendments
1966—Pub. L. 89–486 inserted "in accordance with such business and accounting practices," after "under the provisions of this subchapter,".
1942—Act Apr. 29, 1942, amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–486 effective ninety days after July 4, 1966, see section 9 of Pub. L. 89–486, set out as a note under section 611 of this title.
Effective Date of 1942 Amendment
Amendment by act Apr. 29, 1942, effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a note under section 611 of this title.
§616. Public examination of official records; transmittal of records and information
(a) Permanent copy of statement; inspection; withdrawal
The Attorney General shall retain in permanent form one copy of all registration statements furnished under this subchapter, and the same shall be public records and open to public examination and inspection at such reasonable hours, under such regulations, as the Attorney General may prescribe, and copies of the same shall be furnished to every applicant at such reasonable fee as the Attorney General may prescribe. The Attorney General may withdraw from public examination the registration statement and other statements of any agent of a foreign principal whose activities have ceased to be of a character which requires registration under the provisions of this subchapter.
(b) Secretary of State
The Attorney General shall, promptly upon receipt, transmit one copy of every registration statement filed hereunder and one copy of every amendment or supplement thereto filed hereunder, to the Secretary of State for such comment and use as the Secretary of State may determine to be appropriate from the point of view of the foreign relations of the United States. Failure of the Attorney General so to transmit such copy shall not be a bar to prosecution under this subchapter.
(c) Executive departments and agencies; Congressional committees
The Attorney General is authorized to furnish to departments and agencies in the executive branch and committees of the Congress such information obtained by him in the administration of this subchapter, including the names of registrants under this subchapter, copies of registration statements, or parts thereof, or other documents or information filed under this subchapter, as may be appropriate in the light of the purposes of this subchapter.
(d) Public database of registration statements and updates
(1) In general
The Attorney General shall maintain, and make available to the public over the Internet, without a fee or other access charge, in a searchable, sortable, and downloadable manner, to the extent technically practicable, an electronic database that—
(A) includes the information contained in registration statements and updates filed under this subchapter; and
(B) is searchable and sortable, at a minimum, by each of the categories of information described in section 612(a) of this title.
(2) Accountability
The Attorney General shall make each registration statement and update filed in electronic form pursuant to section 612(g) of this title available for public inspection over the Internet as soon as technically practicable after the registration statement or update is filed.
(June 8, 1938, ch. 327, §6, 52 Stat. 633; Apr. 29, 1942, ch. 263, §1, 56 Stat. 256; Pub. L. 89–486, §6, July 4, 1966, 80 Stat. 247; Pub. L. 104–65, §9(7), Dec. 19, 1995, 109 Stat. 700; Pub. L. 110–81, title II, §212(b), Sept. 14, 2007, 121 Stat. 749.)
Editorial Notes
Prior Provisions
Prior to general amendment of act June 8, 1938, by act Apr. 29, 1942, section related to rules and regulations. Provisions on that subject were incorporated in section 620 of this title by 1942 amendment.
Provisions on this subject were contained in section 614 of this title prior to general amendment of act June 8, 1938, by act Apr. 29, 1942.
Amendments
2007—Subsec. (d). Pub. L. 110–81 added subsec. (d).
1995—Subsec. (a). Pub. L. 104–65, §9(7)(A), struck out "and all statements concerning the distribution of political propaganda" after "all registration statements".
Subsec. (b). Pub. L. 104–65, §9(7)(B), struck out ", and one copy of every item of political propaganda" after "supplement thereto".
Subsec. (c). Pub. L. 104–65, §9(7)(C), struck out "copies of political propaganda," after "parts thereof,".
1966—Pub. L. 89–486 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
1942—Act Apr. 29, 1942, amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–81 effective on the 90th day after Sept. 14, 2007, see section 212(c) of Pub. L. 110–81, set out as a note under section 612 of this title.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–486 effective ninety days after July 4, 1966, see section 9 of Pub. L. 89–486, set out as a note under section 611 of this title.
Effective Date of 1942 Amendment
Amendment by act Apr. 29, 1942, effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a note under section 611 of this title.
§617. Liability of officers
Each officer, or person performing the functions of an officer, and each director, or person performing the functions of a director, of an agent of a foreign principal which is not an individual shall be under obligation to cause such agent to execute and file a registration statement and supplements thereto as and when such filing is required under subsections (a) and (b) of section 612 of this title and shall also be under obligation to cause such agent to comply with all the requirements of sections 614(a) and (b) and 615 of this title and all other requirements of this subchapter. Dissolution of any organization acting as an agent of a foreign principal shall not relieve any officer, or person performing the functions of an officer, or any director, or person performing the functions of a director, from complying with the provisions of this section. In case of failure of any such agent of a foreign principal to comply with any of the requirements of this subchapter, each of its officers, or persons performing the functions of officers, and each of its directors, or persons performing the functions of directors, shall be subject to prosecution therefor.
(June 8, 1938, ch. 327, §7, 52 Stat. 633; Apr. 29, 1942, ch. 263, §1, 56 Stat. 256; Aug. 3, 1950, ch. 524, §2, 64 Stat. 400.)
Editorial Notes
Prior Provisions
Section 7 of act June 8, 1938, prior to the general amendment of that act by act Apr. 29, 1942, provided for the effective date of the 1938 act. See Effective Date note set out under section 611 of this title.
Amendments
1950—Act Aug. 3, 1950, continued the obligation of officers, directors, and persons acting as such to comply with this subchapter despite the dissolution of a foreign agent.
1942—Act Apr. 29, 1942, amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 1942 Amendment
Amendment by act Apr. 29, 1942, effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a note under section 611 of this title.
§618. Enforcement and penalties
(a) Violations; false statements and willful omissions
Any person who—
(1) willfully violates any provision of this subchapter or any regulation thereunder, or
(2) in any registration statement or supplement thereto or in any other document filed with or furnished to the Attorney General under the provisions of this subchapter willfully makes a false statement of a material fact or willfully omits any material fact required to be stated therein or willfully omits a material fact or a copy of a material document necessary to make the statements therein and the copies of documents furnished therewith not misleading, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both, except that in the case of a violation of subsection (b), (e), or (f) of section 614 of this title or of subsection (g) or (h) of this section the punishment shall be a fine of not more than $5,000 or imprisonment for not more than six months, or both.
(b) Proof of identity of foreign principal
In any proceeding under this subchapter in which it is charged that a person is an agent of a foreign principal with respect to a foreign principal outside of the United States, proof of the specific identity of the foreign principal shall be permissible but not necessary.
(c) Removal
Any alien who shall be convicted of a violation of, or a conspiracy to violate, any provision of this subchapter or any regulation thereunder shall be subject to removal pursuant to chapter 4 of title II of the Immigration and Nationality Act [8 U.S.C. 1221 et seq.].
(d) Repealed. Pub. L. 104–65, §9(8)(B), Dec. 19, 1995, 109 Stat. 700
(e) Continuing offense
Failure to file any such registration statement or supplements thereto as is required by either section 612(a) or section 612(b) of this title shall be considered a continuing offense for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary.
(f) Injunctive remedy; jurisdiction of district court
Whenever in the judgment of the Attorney General any person is engaged in or about to engage in any acts which constitute or will constitute a violation of any provision of this subchapter, or regulations issued thereunder, or whenever any agent of a foreign principal fails to comply with any of the provisions of this subchapter or the regulations issued thereunder, or otherwise is in violation of the subchapter, the Attorney General may make application to the appropriate United States district court for an order enjoining such acts or enjoining such person from continuing to act as an agent of such foreign principal, or for an order requiring compliance with any appropriate provision of the subchapter or regulation thereunder. The district court shall have jurisdiction and authority to issue a temporary or permanent injunction, restraining order or such other order which it may deem proper.
(g) Deficient registration statement
If the Attorney General determines that a registration statement does not comply with the requirements of this subchapter or the regulations issued thereunder, he shall so notify the registrant in writing, specifying in what respects the statement is deficient. It shall be unlawful for any person to act as an agent of a foreign principal at any time ten days or more after receipt of such notification without filing an amended registration statement in full compliance with the requirements of this subchapter and the regulations issued thereunder.
(h) Contingent fee arrangement
It shall be unlawful for any agent of a foreign principal required to register under this subchapter to be a party to any contract, agreement, or understanding, either express or implied, with such foreign principal pursuant to which the amount or payment of the compensation, fee, or other remuneration of such agent is contingent in whole or in part upon the success of any political activities carried on by such agent.
(June 8, 1938, ch. 327, §8, as added Apr. 29, 1942, ch. 263, §1, 56 Stat. 257; amended Sept. 23, 1950, ch. 1024, title I, §20(b), 64 Stat. 1005; June 27, 1952, ch. 477, title IV, §402(d), 66 Stat. 276; Aug. 1, 1956, ch. 849, §1, 70 Stat. 899; Pub. L. 89–486, §7, July 4, 1966, 80 Stat. 248; Pub. L. 98–620, title IV, §402(26), Nov. 8, 1984, 98 Stat. 3359; Pub. L. 104–65, §9(8), Dec. 19, 1995, 109 Stat. 700; Pub. L. 104–208, div. C, title III, §308(e)(19), Sept. 30, 1996, 110 Stat. 3009–621.)
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (c), is act June 27, 1952, ch. 477, 66 Stat. 163. Chapter 4 of title II of the Act is classified generally to part IV (§1221 et seq.) of subchapter II of chapter 12 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.
Prior Provisions
Provisions on this subject were contained in section 615 of this title prior to general amendment of act June 8, 1938, by act Apr. 29, 1942.
Amendments
1996—Subsec. (c). Pub. L. 104–208 substituted "removal pursuant to chapter 4 of title II of the Immigration and Nationality Act" for "deportation in the manner provided by sections 1251 to 1253 of title 8".
1995—Subsec. (a)(2). Pub. L. 104–65, §9(8)(A), struck out "or in any statement under section 614(a) of this title concerning the distribution of political propaganda" after "or supplement thereto".
Subsec. (d). Pub. L. 104–65, §9(8)(B), struck out subsec. (d) which read as follows: "The United States Postal Service may declare to be nonmailable any communication or expression falling within clause (2) of section 611(j) of this title in the form of prints or in any other form reasonably adapted to, or reasonably appearing to be intended for, dissemination or circulation among two or more persons, which is offered or caused to be offered for transmittal in the United States mails to any person or persons in any other American republic by any agent of a foreign principal, if the United States Postal Service is informed in writing by the Secretary of State that the duly accredited diplomatic representative of such American republic has made written representation to the Department of State that the admission or circulation of such communication or expression in such American republic is prohibited by the laws thereof and has requested in writing that its transmittal thereto be stopped."
1984—Subsec. (f). Pub. L. 98–620 struck out provision that the proceedings shall be made a preferred cause and expedited in every way.
1966—Subsec. (a)(2). Pub. L. 89–486, §7(1), inserted exception provision.
Subsecs. (f) to (h). Pub. L. 89–486, §7(2), added subsecs. (f) to (h).
1956—Act Aug. 1, 1956, amended credit to section by redesignating section 20(b) of act Sept. 23, 1950, as section 20.
1952—Subsec. (c). Act June 27, 1952, substituted "sections 1251 to 1253 of title 8" for "sections 155 and 156 of title 8".
1950—Subsec. (e). Act Sept. 23, 1950, added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–486 effective ninety days after July 4, 1966, see section 9 of Pub. L. 89–486, set out as a note under section 611 of this title.
Effective Date
Section effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as an Effective Date of 1942 Amendment note under section 611 of this title.
§619. Territorial applicability of subchapter
This subchapter shall be applicable in the several States, the District of Columbia, the Territories, the Canal Zone, the insular possessions, and all other places now or hereafter subject to the civil or military jurisdiction of the United States.
(June 8, 1938, ch. 327, §9, as added Apr. 29, 1942, ch. 263, §1, 56 Stat. 257; amended Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)
Editorial Notes
References in Text
For definition of Canal Zone, referred to in text, see section 3602(b) of this title.
Codification
Words "including the Philippine Islands," omitted from section pursuant to Proc. No. 2695, which granted independence to the Philippine Islands under the authority of section 1394 of this title, under which section Proc. No. 2695 is set out as a note.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as an Effective Date of 1942 Amendment note under section 611 of this title.
§620. Rules and regulations
The Attorney General may at any time make, prescribe, amend, and rescind such rules, regulations, and forms as he may deem necessary to carry out the provisions of this subchapter.
(June 8, 1938, ch. 327, §10, as added Apr. 29, 1942, ch. 263, §1, 56 Stat. 257.)
Editorial Notes
Prior Provisions
Provisions on this subject were contained in section 616 of this title prior to general amendment of act June 8, 1938, by act Apr. 29, 1942.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as an Effective Date of 1942 Amendment note under section 611 of this title.
§621. Reports to Congress
The Attorney General shall every six months report to the Congress concerning administration of this subchapter, including registrations filed pursuant to the subchapter, and the nature, sources and content of political propaganda disseminated and distributed.
(June 8, 1938, ch. 327, §11, as added Apr. 29, 1942, ch. 263, §1, 56 Stat. 258; amended Pub. L. 104–65, §19, Dec. 19, 1995, 109 Stat. 704.)
Editorial Notes
Amendments
1995—Pub. L. 104–65 added text and struck out former text which read as follows: "The Attorney General shall, from time to time, make a report to the Congress concerning the administration of this subchapter, including the nature, sources, and content of political propaganda disseminated or distributed."
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–65 effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress.
Effective Date
Section effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as an Effective Date of 1942 Amendment note under section 611 of this title.
CHAPTER 12—CLAIMS COMMISSIONS
§§661 to 672. Omitted
Editorial Notes
Codification
Sections 661 to 672, which established the American Mexican Claims Commission in 1942 for the settlement of certain claims, expired pursuant to the provisions of section 661(d), which provided that the authority of the Commission shall terminate at the expiration of four years after the date on which a majority of its members first appointed took office.
Section 661, acts Dec. 18, 1942, ch. 766, §2, 56 Stat. 1058; Apr. 3, 1945, ch. 52, §5, 59 Stat. 50; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972, established American Mexican Claims Commission, prescribed its composition, provided for compensation of its members, and specified its termination date. Acts Dec. 18, 1942, ch. 766, §2, 56 Stat. 1058; Apr. 3, 1945, ch. 52, §5, 59 Stat. 50, were subsequently repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 651, 652.
Section 662, acts Dec. 18, 1942, ch. 766, §3, 56 Stat. 1058; Mar. 28, 1947, ch. 23, 61 Stat. 24, related to jurisdiction of Commission and to presentation of claims.
Section 663, acts Dec. 18, 1942, ch. 766, §4, 56 Stat. 1059; Apr. 3, 1945, ch. 52, §§4, 7, 59 Stat. 49, 50, related to authority of Commission to examine and render final decisions in those cases where claims were appraised by prior commissions.
Section 664, acts Dec. 18, 1942, ch. 766, §5, 56 Stat. 1060; Apr. 3, 1945, ch. 52, §§1, 2, 59 Stat. 49, related to determination of claims.
Section 665, act Dec. 18, 1942, ch. 766, §6, 56 Stat. 1061, related to determinations made by prior commissions, and to certification by the Secretary of State.
Section 666, act Dec. 18, 1942, ch. 766, §7, 56 Stat. 1061, provided for conversion of appraisals from Mexican to American currency, and for interest on award or appraisal.
Section 667, acts Dec. 18, 1942, ch. 766, §8, 56 Stat. 1061; Apr. 3, 1945, ch. 52, §§3, 6, 59 Stat. 49, 50, created Mexican Claims Fund, provided for appropriations to Fund, and for manner of payments from such Fund.
Section 668, act Dec. 18, 1942, ch. 766, §9, 56 Stat. 1062, provided for payment of awards.
Section 669, act Dec. 18, 1942, ch. 766, §10, 56 Stat. 1062, authorized appropriations for Commission to carry out its functions, and provided for deductions from award or appraisal as reimbursement for expenses incurred by United States.
Section 670, act Dec. 18, 1942, ch. 766, §11(a), 56 Stat. 1063, related to distribution of awards by Special Mexican Claims Commission pursuant to Convention signed Apr. 24, 1943.
Section 671, act Dec. 18, 1942, ch. 766, §12, 56 Stat. 1063, related to claims based on international arbitral awards prior to Convention of 1923.
Section 672, act Dec. 18, 1942, ch. 766, §13, 56 Stat. 1063, defined terms used in sections 661 to 671 of this title.
CHAPTER 13—SERVICE COURTS OF FRIENDLY FOREIGN FORCES
§701. Definitions
As used in this chapter, unless the context clearly requires a different meaning—
(a) "Friendly foreign force" means any military, naval, or air force of any friendly foreign state with respect to which this chapter is operative by virtue of a Presidential declaration as provided in section 706 of this title.
(b) "Service court" means any military, naval, or air force court, or court martial or similar tribunal of any friendly foreign force within the United States.
(c) "United States" means the United States, its Territories, its insular possessions, the Canal Zone, and any other place subject to the jurisdiction of the United States.
(June 30, 1944, ch. 326, §1, 58 Stat. 643; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)
Editorial Notes
References in Text
For definition of Canal Zone, referred to in subsec. (c), see section 3602(b) of this title.
Codification
The phrase "(including the Philippine Islands)" omitted from the definition of the term "United States" in subsection (b), pursuant to 1946 Proc. No. 2695, which granted independence to the Philippine Islands under the authority of section 1394 of this title, under which section Proc. No. 2695 is set out as a note.
§702. Arrest of offenders
Upon a specific or general request of the officer commanding any friendly foreign force, having service courts of appropriate jurisdiction within the United States, it shall be lawful for any person in the civil, military, or naval establishments of the United States having authority to arrest, summarily to arrest any member of such force designated in such request and to deliver him to the custody of any officer of such force or to the custody of the military or naval authorities of the United States who shall deliver him forthwith to the custody of an officer of such force, for trial in such service courts within the United States for such offenses as shall lie within the jurisdiction of the service courts of such friendly foreign force: Provided, That the trial of any member of such friendly foreign force for an offense against a member of the civilian population shall be in open court (except where security consideration forbids), shall take place promptly in the United States and within a reasonable distance from the place where the offense is alleged to have been committed, for the convenience of witnesses.
(June 30, 1944, ch. 326, §2, 58 Stat. 643.)
§703. Attendance of witnesses
(a) Subpoena; contempt; fees
Any district court of the United States, or the United States courts of any Territory or possession, within the jurisdiction of which proceedings are had before any service court of a friendly foreign force, or within the jurisdiction of which any person is found, shall have jurisdiction, upon application made by a service court of a friendly foreign force, to issue to such person an order requiring him to appear before the service court or an officer designated to take a deposition for use before such service court and there to produce evidence or give testimony if so ordered. Any failure to obey such order of the court may be punished by said court as a contempt thereof: Provided, That the fees of such witnesses and the mileage at the rate allowed to witnesses attending the courts of the United States should be duly paid or tendered in advance to such witnesses, with funds to be supplied by the friendly foreign force. Except as expressly permitted by the court, in its discretion, no such order shall run into any other district.
(b) Members of armed forces
Attendance of witnesses in the armed services of the United States shall be obtained by request addressed to the discretion of the commanding officer of the person whose testimony is required.
(c) False testimony; punishment
Persons subject to the jurisdiction of the United States, who are not members of a friendly foreign force, who shall give false testimony or shall commit any act in the presence of a service court of a friendly foreign force which, if committed before a court of the United States, would be in contempt thereof, shall upon conviction by a court of the United States be fined not more than $2,000 or imprisoned for not more than six months, or both.
(June 30, 1944, ch. 326, §3, 58 Stat. 644; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)
Editorial Notes
Codification
In subsec. (a), reference to "or any court of first instance of the Philippine Commonwealth" omitted pursuant to Proc. No. 2695, which granted independence to the Philippines under the authority of section 1394 of this title, under which section said Proc. No. 2695 is set out as a note.
In subsec. (a), reference to "the District Court of the United States for the District of Columbia" omitted because the District of Columbia constitutes a judicial district, and the District Court of the United States for the District of Columbia is included within the term "district courts of the United States" as used in such subsection. See sections 88 and 132 of Title 28, Judiciary and Judicial Procedure.
§704. Immunities of courts and witnesses
Members of any service court of a friendly foreign force lawfully exercising jurisdiction in the United States in relation to members of such force, and any witnesses appearing before such service court, shall enjoy the same immunities and privileges as are enjoyed by members of a court martial of the United States and by witnesses appearing before such a court martial.
(June 30, 1944, ch. 326, §4, 58 Stat. 644.)
§705. Imprisonment
Persons sentenced to imprisonment by a service court of a friendly foreign force may be confined in disciplinary barracks, guardhouses, or other places of detention of the United States armed forces or in penitentiaries or other institutions employed by the United States for the detention or treatment of prisoners, at the expense of the state on whose behalf the prisoner is detained.
(June 30, 1944, ch. 326, §5, 58 Stat. 644.)
§706. Operative effect dependent upon Presidential finding
This chapter shall be operative with respect to the military, naval, or air forces of any foreign state only after a finding and declaration by the President that the powers and privileges provided herein are necessary for the maintenance of discipline. The President may at any time revoke such finding and declaration.
(June 30, 1944, ch. 326, §6, 58 Stat. 645.)
Executive Documents
Proclamation No. 2626
Proc. No. 2626, Oct. 12, 1944, 9 F.R. 12403, respecting activation by President, was revoked by Proc. No. 3107, Aug. 9, 1955, 20 F.R. 5805.
CHAPTER 14—FOREIGN SERVICE
Statutory Notes and Related Subsidiaries
Repeal of Chapter
Pub. L. 96–465, title II, §2205, Oct. 17, 1980, 94 Stat. 2159, repealed the Foreign Service Act of 1946 and related and miscellaneous provisions classified to this chapter. Pursuant to section 2403 of Pub. L. 96–465, set out as a note under section 3901 of this title, Pub. L. 96–465 is effective, except as otherwise provided, on Feb. 15, 1981. Notwithstanding repeal, however, of the provisions of this chapter, section 4172 of this title continues in force and effect the Foreign Service Act of 1946 and any other law repealed, modified, or affected by Pub. L. 96–465 for the purposes enumerated in such section 4172.
Editorial Notes
Revision of Laws
Congress by the enactment of 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, consolidated and revised the laws relating to the administration, etc., of the Foreign Service.
Prior to the enactment of the Foreign Service Act of 1980, the Foreign Service Act of 1946 and related and miscellaneous provisions, which governed the Foreign Service, were classified to this chapter. Some former provisions of this chapter, prior to the enactment of the Foreign Service Act of 1946, had similar and related provisions classified to former chapter 1 of this title as follows:
| Former Chapter 1 | Former Chapter 14 |
|---|---|
| 1, 1a | 801 |
| 2 | 801, 909 |
| 3 | 861–870 |
| 3a | 995 |
| 4 | 906, 907 |
| 5 | 911, 912 |
| 6 | 906 |
| 7 | 993 |
| 8 | Omitted |
| 9 | 1036 |
| 10, 11 | Omitted |
| 12 | 1131 |
| 13 | 812 |
| 14 | Omitted |
| 15 | 961–963 |
| 16 | 963–965 |
| 17 | 1148 |
| 17a | 1148–1150 |
| 18 | Omitted |
| 19 | 909 |
| 20 | 876 |
| 21 | 1061 et seq. |
| 21a | 1063 |
| 22 | 915 |
| 23 | Omitted |
| 23a | 861, 870 |
| 23b | 937 |
| 23c | 1131 |
| 23d | 937 |
| 23e | 886 |
| 23f | 826, 827 |
| 23g | 821 |
| 23h | 826, 827, 861 et seq. |
| 23i | 1061 et seq. |
| 23j | 882 |
| 23k | 813 |
| 23l | 814 |
| 24 | 805 |
| 31 | 901 |
| 32 | 900 et seq. |
| 32a | 866, 867 |
| 33 | 910 |
| 34 to 34c | 901 |
| 35 | 936–939 |
| 36, 37 | Omitted |
| 38 | 805 |
| 39 | 803 |
| 40 | 802 |
| 41 | 901 note |
| 51 | Omitted |
| 51a | 938, 951 |
| 52 | Omitted |
| 53 | 1171 |
| 54 | Omitted |
| 55 | 908 |
| 56 | 936 |
| 57, 58 | Omitted |
| 71 | Omitted |
| 72 to 79 | 1172–1179 |
| 80 to 82 | Omitted |
| 83 to 98 | 1180–1195 |
| 99 | Omitted |
| 100 to 104 | 1196–1200 |
| 105 to 109 | Omitted |
| 121 | 881, 882 |
| 122, 123 | Omitted |
| 124 | 882 |
| 125 | 861 et seq. |
| 126 | 806 |
| 127 | 1201 |
| 128 | 1202 |
| 129 | Omitted |
| 130 | 1082 |
| 130a | 1136 |
| 130b | 1136, 1138 |
| 131 | 1203 |
| 132 | 842, 843 |
| 133 | Omitted |
| 134 | 809 |
| 135 | 815 |
| 136 | 909 note |
Provisions similar to those contained in the Foreign Service Act of 1946 and related and miscellaneous provisions formerly classified to this chapter are covered by various sections as follows:
| Former Chapter 14 | Present Title 22 |
|---|---|
| 801 | 3901 |
| 802 | 3902 |
| 803–806 | 3905 |
| 807 | 3905 |
| 808 | Rep. |
| 809 | 2697 |
| 810 | 2698 |
| 811 | Rep. |
| 811a | 3921, 3928 |
| 812–814 | 4224–4226 |
| 815 | Rep. |
| 816 | 2701 |
| 817 | 2702 |
| 821 | 3928 |
| 822 | Rep. |
| 826 | 3930 |
| 827 | 3931 |
| 841 | 3904 |
| 842, 843 | 3926 |
| 846 | 3904 |
| 861 | 3903 |
| 866 | 3961 |
| 867 | 3961 et seq., 3981 et seq. |
| 868 | 3964 |
| 869 | 3961 et seq. |
| 870 | 3961 et seq., 3981 et seq. |
| 871 | 3964, 3965 |
| 873 | 3969 |
| 876, 877 | 3971 |
| 881 | 3961 |
| 882 | 3964, 4001 |
| 886 | 3981 |
| 887, 888 | Rep. |
| 889 | 3968, 3970 |
| 890 | 3969 |
| 896 | 3972 |
| 900 | 3944 |
| 901 | 3942, 3982 |
| 901a, 902 | 3944 |
| 906 | 3945 |
| 907, 908 | 3952 |
| 909 | 3982 et seq. |
| 910 | 3941 |
| 911 | 3942, 3946, 3947 |
| 912 | 3947 |
| 913 | 3941 et seq. |
| 914 | 4053 |
| 915 | 3948 |
| 921 | Omitted |
| 922 | 3941, 3943, 3949 |
| 923 | 3942 et seq. |
| 924 | 3952 |
| 925 | Rep. |
| 926 | Omitted |
| 927 | 3948 |
| 928 | 3950 |
| 929 | 3943, 3946, 4043 |
| 930–932 | Omitted |
| 936 | 3943, 3949 |
| 937 | 3982 et seq. |
| 938 | 3952 |
| 939 | 3941 |
| 946 | 3943 |
| 947 | Omitted |
| 951 | 3943 |
| 956, 957 | Rep. |
| 961 | 3942, 3983, 3984 |
| 962 | 3984 |
| 963 | 3983, 3985 |
| 964 | 3983 |
| 965 | Omitted |
| 966 | 3983, 3984, 4081 |
| 967 | Rep. |
| 968 | 4022 |
| 981 | Omitted |
| 986 | 4003 |
| 987 | 4004 |
| 991 | 4001 |
| 992 | 4001 et seq. |
| 993 | 4002, 4005, 4006 |
| 994 | 4001 |
| 995 | 3966 |
| 996 | 4003 |
| 1001, 1002 | 4052 |
| 1003 | 4007, 4008 |
| 1004 | 4009, 4060 |
| 1005 | 4011 |
| 1006 | 4051 |
| 1007 | 4010 |
| 1008 | 4011 |
| 1009 | 4026 |
| 1016 | 4001 |
| 1017 | 3966 |
| 1021, 1022 | 4010 |
| 1026 | 3968, 4001 |
| 1027, 1028, 1031 | 4012 |
| 1036 | 3929 |
| 1037 | 4131 et seq. |
| 1037a | 4131–4138 |
| 1037b | 4139 |
| 1037c | 4140 |
| 1041 | 4021 |
| 1042–1045 | 4024 |
| 1046 | 2697 |
| 1047 | 4024 |
| 1048 | 4024, 4025 |
| 1061–1064 | 4041–4044 |
| 1065 | 4067 |
| 1071 | 4045 |
| 1076 | 4046 |
| 1076a | 4047 |
| 1077–1079s | Omitted |
| 1081 | 4048 |
| 1082 | 4049 |
| 1083 | Rep. |
| 1084 | 4050 |
| 1086 | 4044, 4055 |
| 1091 | 4056 |
| 1092 | Rep. |
| 1093 | 4057 |
| 1094 | Rep. |
| 1095 | Omitted |
| 1101 | 4058 |
| 1102 | Rep. |
| 1103–1106 | 4059–4062 |
| 1111 | 4063 |
| 1112 | 4064 |
| 1116 | 4065 |
| 1121 | 4066 |
| 1131 | 2704, 4085 |
| 1132, 1133 | Rep. |
| 1136 | 4081 |
| 1137 | 4082 |
| 1138 | 4081 |
| 1138a | 2700 |
| 1139 | 2703 |
| 1140, 1146, 1147 | Rep. |
| 1148 | 4083 |
| 1149 | 4083 |
| 1150, 1151 | Omitted |
| 1156 | 4084 |
| 1157 | 4081 |
| 1158–1160 | 4084 |
| 1171–1195 | 4191–4215 |
| 1196 | Rep. |
| 1197 | 4216 |
| 1198 | 4217 |
| 1199 | Rep. |
| 1200–1204 | 4218–4222 |
SUBCHAPTER I—GENERAL PROVISIONS
§801. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title I, §111, 60 Stat. 999, set forth Congressional declaration of objectives for this chapter.
The following provisions of the Foreign Service Act of 1946 (approved Aug. 13, 1946, ch. 957, 60 Stat. 999), which had been set out as notes under this section, were repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159:
Title I, §101, 60 Stat. 999, which provided that titles I through X of act Aug. 13, 1946, which enacted this chapter and amended section 681 of former Title 5, Executive Departments and Government Officers and Employees, be cited as the "Foreign Service Act of 1946".
Title X, §1061, 60 Stat. 1032, which provided that chapter be construed liberally.
Title X, §1062, 60 Stat. 1033, which provided that if any provision of this chapter or the application of any such provision to any person or circumstance be held invalid, the validity of the remainder of the chapter or the application thereof not be affected.
Title X, §1063, 60 Stat. 1033, which provided that the title, part, and section headings of this chapter were inserted for convenience and, in the case of conflict between such headings and substance of the titles, parts, or sections, the heading be disregarded.
Title X, §1064, 60 Stat. 1033, which provided that nothing in this chapter be construed to affect provisions of act July 3, 1946, ch. 359, §§1–4, 60 Stat. 426, formerly set out as a note under section 906 of this title, and that "classified grades" under that Act be construed to mean classes 1 to 5, inclusive.
Title X, §1071, 60 Stat. 1033, which authorized appropriations to carry out the purposes of this chapter.
Title XI, §1122, 60 Stat. 1035, which provided that funds appropriated to Department of State for fiscal year 1947, under the caption "Foreign Service", be available for purposes of this chapter and authorized additional appropriations as required to carry out this chapter.
Title XI, §1132, 60 Stat. 1040, which provided that any section not expressly repealed by this chapter but which is inconsistent with any provisions of this chapter shall be considered as having been amended or superseded by this chapter.
Title XI, §1133, 60 Stat. 1040, which provided that repeal of sections by this chapter should not in any way affect acts done or rights accruing or accrued, or any suits or proceedings had or commenced in any civil case, prior to such repeal, but that all rights and liabilities should continue as if such repeal had not been made.
Title XI, §1134, 60 Stat. 1040, which provided that repeal of any section by this chapter shall not be construed as a revival, up to effective date of this chapter, of any section which may have been previously repealed by implication.
Title XI, §1135, 60 Stat. 1040, which provided that notwithstanding provisions of this chapter, existing rules, regulations, and Executive orders remain in effect until revoked or modified, unless clearly inconsistent with the provisions of this chapter.
Title XI, §1141, 60 Stat. 1040, which provided that this chapter be effective three months following Aug. 13, 1946.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Short Title of 1965 Amendment
Pub. L. 89–308, §1, Oct. 31, 1965, 79 Stat. 1129, which provided that Pub. L. 89–308 be cited as the "Foreign Service Annuity Adjustment Act of 1965", was repealed by Pub. L. 96–465, title II, §2205(16) Oct. 17, 1980, 94 Stat. 2160.
§§802 to 807. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 802, acts Aug. 13, 1946, ch. 957, title I, §121, 60 Stat. 1000; Oct. 7, 1978, Pub. L. 95–426, title I, §116, 92 Stat. 969, set forth definitions applicable to provisions of this chapter.
Section 803, act Aug. 13, 1946, ch. 957, title X, §1001, 60 Stat. 1030, related to prohibition on wearing of uniforms.
Section 804, acts Aug. 13, 1946, ch. 957, title X, §1002, 60 Stat. 1030; Oct. 15, 1966, Pub. L. 89–673, §8(3), 80 Stat. 953, related to acceptance of gifts by chief of mission or other principal officer.
Section 805, act Aug. 13, 1946, ch. 957, title X, §1003, 60 Stat. 1030, related to prohibition on engaging in business abroad.
Section 806, act Aug. 13, 1946, ch. 957, title X, §1004, 60 Stat. 1030, related to prohibition on personal correspondence on affairs of foreign governments.
Section 807, act Aug. 13, 1946, ch. 957, title X, §1005, 60 Stat. 1030, related to prohibition on political, racial, religious, or color discrimination.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§808. Repealed. Pub. L. 92–310, title II, §227(c), June 6, 1972, 86 Stat. 207
Section, act Aug. 13, 1946, ch. 957, title X, §1011, 60 Stat. 1030, related to bonds of officers and employees.
Statutory Notes and Related Subsidiaries
Impairment of Existing Bonds
Act Aug. 13, 1946, ch. 957, title XI, §1121, 60 Stat. 1035, which related to impairment of existing bonds by enactment of this chapter, was repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159.
§§809, 810. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 809, acts Aug. 13, 1946, ch. 957, title X, §1021, 60 Stat. 1031; Sept. 8, 1960, Pub. L. 86–723, §48, 74 Stat. 847, set forth provisions respecting acceptance of gifts on behalf of United States.
Section 810, act Aug. 13, 1946, ch. 957, title X, §1031, 60 Stat. 1032, authorized Secretary to retain attorneys.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§811. Repealed. May 26, 1949, ch. 143, §5, 63 Stat. 111
Section, act Aug. 13, 1946, ch. 957, title X, §1041, 60 Stat. 1032, related to delegation of authority by Secretary and Director General.
§811a. Repealed. Pub. L. 103–236, title I, §162(a), Apr. 30, 1994, 108 Stat. 405
Section, act May 26, 1949, ch. 143, §3, 63 Stat. 111, related to administration of Foreign Service by Secretary of State and to delegation of authority to Secretary of State, with respect to such administration. See section 3921 et seq. of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as an Effective Date of 1994 Amendment note under section 2651a of this title.
§§812 to 814. Transferred
Editorial Notes
Codification
Section 812, acts 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 fees, accounting, and stamps, was transferred to section 4224 of this title.
Section 813, act May 24, 1924, ch. 182, §35, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1216 and amended, which related to establishment of fiscal districts and district accounting and disbursing offices, was transferred to section 4225 of this title.
Section 814, act May 24, 1924, ch. 182, §36, as added Feb. 23, 1931, ch. 276, §7, 46 Stat. 1216, which related to disposition of fees and official monies from diplomatic missions, consular offices and district accounting and disbursing offices, was transferred to section 4226 of this title.
§815. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948
Section, act June 10, 1933, ch. 57, 48 Stat. 122, related to protection of diplomatic codes. See section 952 of Title 18, Crimes and Criminal Procedure.
§§816, 817. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 816, act Aug. 13, 1946, ch. 957, title X, §1081, as added Dec. 16, 1963, Pub. L. 88–205, pt. IV, §404(d), 77 Stat. 391, related to educational facilities for children of employees.
Section 817, act Aug. 13, 1946, ch. 957, title X, §1091, as added July 12, 1976, Pub. L. 94–350, title I, §119, 90 Stat. 827, related to malpractice protection.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
SUBCHAPTER II—GOVERNING BODIES OF THE SERVICES
Part A—Officers
§821. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title II, §201, 60 Stat. 1000, set forth provisions relating to appointment and duties of Director General.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§822. Repealed. May 26, 1949, ch. 143, §5, 63 Stat. 111
Section, act Aug. 13, 1946, ch. 957, title II, §202, 60 Stat. 1000, related to Deputy Director General.
Part B—Boards
§826. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title II, §211, 60 Stat. 1001, related to composition and duties of Board of Foreign Service.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Executive Documents
Executive Order No. 10522
Ex. Ord. No. 10522, Mar. 26, 1954, 19 F.R. 1689, was transferred to a note set out under section 3922 of this title.
Executive Order No. 11264
Ex. Ord. No. 11264, Dec. 31, 1965, 31 F.R. 67, as amended, was transferred to a note set out under section 3930 of this title.
§827. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title II, §212, 60 Stat. 1001, related to duties and composition of Board of Examiners for Foreign Service.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
SUBCHAPTER III—DUTIES OF OFFICERS AND EMPLOYEES
Part A—General
§§841 to 843. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 841, act Aug. 13, 1946, ch. 957, title III, §301, 60 Stat. 1001, related to compliance with laws, international agreements, and executive orders.
Section 842, act Aug. 13, 1946, ch. 957, title III, §302, 60 Stat. 1001, authorized Secretary, where not inconsistent with authority of President, to govern duties by regulations.
Section 843, act Aug. 13, 1946, ch. 957, title III, §303, 60 Stat. 1002, authorized President to delegate to Secretary authority to prescribe regulations.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part B—Special
§846. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title III, §311, 60 Stat. 1002, related to performance of service for government agencies and departments by officers and employees.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
SUBCHAPTER IV—PERSONNEL CATEGORIES AND SALARIES
Part A—Categories of Personnel
§861. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title IV, §401, 60 Stat. 1002, related to categories of officers and employees.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part B—Salaries
§§866, 867. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 866, acts Aug. 13, 1946, ch. 957, title IV, §411, 60 Stat. 1002; July 28, 1956, ch. 770, §2, 70 Stat. 704; Aug. 14, 1964, Pub. L. 88–426, title III, §306(b), 78 Stat. 428, related to chiefs of missions.
Section 867, acts Aug. 13, 1946, ch. 957, title IV, §412, 60 Stat. 1003; July 6, 1949, ch. 300, §1(a), 63 Stat. 407; Aug. 5, 1955, ch. 576, §4, 69 Stat. 537; July 28, 1956, ch. 770, §3, 70 Stat. 704; June 20, 1958, Pub. L. 85–462, §6(a)(1), (2), 72 Stat. 211; July 1, 1960, Pub. L. 86–568, title I, §113(a), (b), 74 Stat. 299; Oct. 11, 1962, Pub. L. 87–793, §902, 76 Stat. 861; Aug. 14, 1964, Pub. L. 88–426, title I, §119, 78 Stat. 411; Oct. 29, 1965, Pub. L. 89–301, §8(a), 79 Stat. 1118; July 18, 1966, Pub. L. 89–504, title I, §106(a), 80 Stat. 292; Dec. 16, 1967, Pub. L. 90–206, title II, §209(a), 81 Stat. 632; Ex. Ord. No. 11413, June 11, 1968, 33 F.R. 8641; Ex. Ord. No. 11474, June 16, 1969, 34 F.R. 9605; Ex. Ord. No. 11524, Apr. 15, 1970, 35 F.R. 6547; Ex. Ord. No. 11576, Jan. 8, 1971, 36 F.R. 347; Ex. Ord. No. 11637, Dec. 22, 1971, 36 F.R. 24911; Ex. Ord. No. 11691, Dec. 15, 1972, 37 F.R. 27607; Ex. Ord. No. 11739, Oct. 3, 1973, 38 F.R. 27581; Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 3602; Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091; Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889; Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365; Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823; Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671; Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443; Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, related to classes of officers and table respecting per annum salary.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Increase in Rate of Per Annum Salary of Foreign Service Officers
Pub. L. 95–105, title IV, §412(b), Aug. 17, 1977, 91 Stat. 856, increasing the amount of each rate of per annum salary in classes 5 through 8 of Foreign Service Officers, in the table contained in section 867, by $250, was repealed by Pub. L. 95–426, title IV, §410, Oct. 7, 1978, 92 Stat. 980.
§§868 to 873. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 868, acts Aug. 13, 1946, ch. 957, title IV, §413, 60 Stat. 1003; Aug. 31, 1954, ch. 1177, 68 Stat. 1051; Apr. 5, 1955, ch. 23, §2, 69 Stat. 24, related to appointive salaries.
Section 869, acts Aug. 13, 1946, ch. 957, title IV, §414, 60 Stat. 1003; July 28, 1956, ch. 770, §4, 70 Stat. 704, related to classes and rate of salaries of Reserve officers.
Section 870, acts Aug. 13, 1946, ch. 957, title IV, §415, 60 Stat. 1003; July 6, 1949, ch. 300, §1(a), 63 Stat. 407; June 20, 1958, Pub. L. 85–462, §6(a)(3), 72 Stat. 212; July 1, 1960, Pub. L. 86–568, title I, §113(c), 74 Stat. 300; Oct. 11, 1962, Pub. L. 87–793, §903, 76 Stat. 862; Aug. 14, 1964, Pub. L. 88–426, title I, §120, 78 Stat. 411; Oct. 29, 1965, Pub. L. 89–301, §8(b), 79 Stat. 1118; July 18, 1966, Pub. L. 89–504, title I, §106(b), 80 Stat. 292; Dec. 16, 1967, Pub. L. 90–206, title II, §209(b), 81 Stat. 632; Ex. Ord. No. 11413, June 11, 1968, 33 F.R. 8641; Ex. Ord. No. 11474, June 16, 1969, 34 F.R. 9605; Ex. Ord. No. 11524, Apr. 15, 1970, 35 F.R. 6247; Ex. Ord. No. 11576, Jan. 8, 1971, 36 F.R. 347; Ex. Ord. No. 11637, Dec. 22, 1971, 36 F.R. 24911; Ex. Ord. No. 11691, Dec. 15, 1972, 37 F.R. 27607; Ex. Ord. No. 11739, Oct. 3, 1973, 38 F.R. 27581; Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 3602; Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091; Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889; Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365; Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823; Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671; Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443; Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, related to classes of staff officers and employees, and employees recruited abroad, and table relating to per annum salaries.
Section 871, acts Aug. 13, 1946, ch. 957, title IV, §416, 60 Stat. 1004; Sept. 8, 1960, Pub. L. 86–723, §2, 74 Stat. 831, related to appointive salaries of staff officers.
Section 872, acts Aug. 13, 1946, ch. 957, title IV, §417, 60 Stat. 1004; Sept. 8, 1960, Pub. L. 86–723, §3, 74 Stat. 731, related to salary and compensation of alien clerks.
Section 873, act Aug. 13, 1946, ch. 957, title IV, §418, 60 Stat. 1004, related to salary or compensation of consular agents.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part C—Salaries of Officers Temporarily in Charge
§§876, 877. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 876, act Aug. 13, 1946, ch. 957, title IV, §421, 60 Stat. 1004, related to salaries of chargés d'affaires ad interim.
Section 877, act Aug. 13, 1946, ch. 957, title IV, §422, 60 Stat. 1004, related to salaries of officers in charge of consulate general or consulates.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part D—Time of Receiving Salary
§§881, 882. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 881, acts Aug. 13, 1946, ch. 957, title IV, §431, 60 Stat. 1004; Sept. 8, 1960, Pub. L. 86–723, §4, 74 Stat. 831; Aug. 17, 1977, Pub. L. 95–105, title IV, §401, 91 Stat. 852, related to eligibility period, etc., for receipt of salary by chiefs of missions.
Section 882, acts Aug. 13, 1946, ch. 957, title IV, §432, 60 Stat. 1005; Apr. 5, 1955, ch. 23, §13(1), 69 Stat. 27, related to eligibility period, etc., for receipt of salary by officers and employees.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part E—Classification of Positions
§886. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title IV, §441, 60 Stat. 1005; Sept. 8, 1960, Pub. L. 86–723, §5, 74 Stat. 831, related to classification of positions in Service and in Department.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Rules Governing Salary Determinations for Initial Classification
Act Aug. 13, 1946, ch. 957, title XI, §1105, 60 Stat. 1034, which related to applicability of rules for salary determinations for initial classification, was repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159.
§887. Repealed. Pub. L. 86–723, §52(1), Sept. 8, 1960, 74 Stat. 847
Section, act Aug. 13, 1946, ch. 957, title IV, §442, 60 Stat. 1006, provided for establishment of new group of positions, known as subclasses, for officers and employees.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see Pub. L. 86–723, §56(a), Sept. 8, 1960, 74 Stat. 848.
§888. Repealed. Pub. L. 86–707, title V, §511(a)(1), Sept. 6, 1960, 74 Stat. 800
Section, acts Aug. 13, 1946, ch. 957, title IV, §443, 60 Stat. 1006; Apr. 5, 1955, ch. 23, §3, 69 Stat. 24, related to salary differentials for Foreign Service officers, Reserve officers, and staff officers. See section 5921 et seq. of Title 5, Government Organization and Employees.
§889. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title IV, §444, 60 Stat. 1006; Sept. 8, 1960, Pub. L. 86–723, §6, 74 Stat. 831; July 12, 1976, Pub. L. 94–350, title I, §112, 90 Stat. 826; Aug. 17, 1977, Pub. L. 95–105, title IV, §402(a), (b)(1), 91 Stat. 852; Oct. 7, 1978, Pub. L. 95–426, title IV, §§401(b), 412(a), 92 Stat. 977, 981; Aug. 15, 1979, Pub. L. 96–60, title I, §107(b), 93 Stat. 397, related to compensation plans and annuity increases for alien employees and family members of personnel abroad.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Employment of Family Members Overseas
Pub. L. 95–426, title IV, §401(a), Oct. 7, 1978, 92 Stat. 977, which related to employment of family members overseas, was repealed by Pub. L. 96–465, title II, §2205(2), Oct. 17, 1980, 94 Stat. 2160. See section 3951 of this title.
Report to Congress on Employment of Family Members of Government Personnel Overseas
Pub. L. 95–426, title IV, §401(c), Oct. 7, 1978, 92 Stat. 978, which related to report by Secretary of State respecting overseas employment of family members of Government personnel, was repealed by Pub. L. 96–465, title II, §2205(2), Oct. 17, 1980, 94 Stat. 2160.
§890. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title IV, §445, 60 Stat. 1006, related to salaries and classification of positions of consular agents.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part F—Additional Compensation
§896. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title IV, §451, as added Oct. 7, 1978, Pub. L. 95–426, title IV, §402(a), 92 Stat. 978, related to special allowances to Foreign Service officers.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
SUBCHAPTER V—APPOINTMENTS AND ASSIGNMENTS
Part A—Principal Diplomatic Representatives
§§900, 901. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 900, act Aug. 13, 1946, ch. 957, title V, §500, as added Sept. 8, 1960, Pub. L. 86–723, §7, 74 Stat. 832, set forth Congressional declaration of policy on qualifications for assignment of chiefs of missions and Foreign Service officers.
Section 901, acts Aug. 13, 1946, ch. 957, title V, §501, 60 Stat. 1007; Aug. 5, 1955, ch. 576, §5, 69 Stat. 537; July 13, 1972, Pub. L. 92–352, title I, §107, 86 Stat. 492; Aug. 17, 1977, Pub. L. 95–105, title IV, §403, 91 Stat. 853, related to appointment and assignment of ambassadors, ministers, etc., by President.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Executive Documents
Executive Order No. 10608
Ex. Ord. No. 10608, May 5, 1955, 20 F.R. 3093, was transferred to a note set out under section 3942 of this title.
§901a. Repealed. Pub. L. 96–465, title II, §2205(5), Oct. 17, 1980, 94 Stat. 2160
Section, Pub. L. 93–126, §6, Oct. 18, 1973, 87 Stat. 452; Pub. L. 93–475, §4(a), Oct. 26, 1974, 88 Stat. 1440; Pub. L. 96–187, title I, §112(e)(2), Jan. 8, 1980, 93 Stat. 1366, related to campaign contribution report by nominees for ambassador or minister.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§902. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title V, §502, 60 Stat. 1007; Aug. 5, 1955, ch. 576, §6, 69 Stat. 537, related to lists of officers qualified to be career ambassadors, etc., furnished to President.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part B—Foreign Service Officers
§906. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title V, §511, 60 Stat. 1007, related to appointment by President to a class in Foreign Service.
Statutory Notes and Related Subsidiaries
Appointment of Additional Foreign Service Officers; Termination Date
Act July 3, 1946, ch. 539, §§1–4, 60 Stat. 426, which provided for appointment of 250 additional Foreign Service officers within 2 years after July 3, 1946, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 653.
§§907 to 911. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 907, act Aug. 13, 1946, ch. 957, title V, §512, 60 Stat. 1007, related to commission of Foreign Service officers.
Section 908, act Aug. 13, 1946, ch. 957, title V, §513, 60 Stat. 1007, authorized Secretary to define limits of consular districts.
Section 909, act Aug. 13, 1946, ch. 957, title V, §514, 60 Stat. 1008, related to assignment and transfers.
Section 910, acts Aug. 13, 1946, ch. 957, title V, §515, 60 Stat. 1008; Aug. 17, 1977, Pub. L. 95–105, title IV, §404, 91 Stat. 853, related to citizenship requirements of Foreign Service officers.
Section 911, acts Aug. 13, 1946, ch. 957, title V, §516, 60 Stat. 1008; July 28, 1956, ch. 770, §5, 70 Stat. 704; Sept. 8, 1960, Pub. L. 86–723, §8, 74 Stat. 832; Aug. 17, 1977, Pub. L. 95–105, title IV, §405, 91 Stat. 853, related to admissions to class 6, 7, or 8 for Foreign Service officers.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§912. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title V, §517, 60 Stat. 1008; Apr. 5, 1955, ch. 23, §4, 69 Stat. 25; July 28, 1956, ch. 770, §6, 70 Stat. 704; Sept. 8, 1960, Pub. L. 86–723, §9, 74 Stat. 832, related to admission to classes 1 to 7 for Foreign Service officers.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Transfer of Officers From Old to New Classes
Act Aug. 13, 1946, ch. 957, title XI, §1102, 60 Stat. 1033, which related to transfer of officers from old class to new class, was repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159.
In Class Promotions
Act Aug. 13, 1946, ch. 957, title XI, §1104, 60 Stat. 1034, which related to in class promotions, was repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159.
§913. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title V, §518, 60 Stat. 1008; Aug. 5, 1955, ch. 576, §7, 69 Stat. 537, related to admission to class of career ambassador or career minister.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Reinstatement of Chiefs of Missions
Act Aug. 13, 1946, ch. 959, title XI, §1101, 60 Stat. 1033, which related to reinstatement of chiefs of missions, was repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1979, 94 Stat. 2159.
§§914, 915. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 914, acts Aug. 13, 1946, ch. 957, title V, §519, 60 Stat. 1008; Aug. 17, 1977, Pub. L. 95–105, title IV, §406, 91 Stat. 854, related to reassignment to Foreign Service of former ambassadors or ministers.
Section 915, acts Aug. 13, 1946, ch. 957, title V, §520, 60 Stat. 1009; Sept. 8, 1960, Pub. L. 86–723, §10, 74 Stat. 832; Sept. 6, 1966, Pub. L. 89–554, §8(a), 80 Stat. 661; July 12, 1976, Pub. L. 94–350, title V, §517, 90 Stat. 845, related to reappointment or recall of Foreign Service officers or employees.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part C—Foreign Service Reserve Officers
§§921 to 924. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 921, act Aug. 13, 1946, ch. 957, title V, §521, 60 Stat. 1009, related to establishment of Foreign Service Reserve.
Section 922, acts Aug. 13, 1946, ch. 957, title V, §522, 60 Stat. 1009; Apr. 5, 1955, ch. 23, §5, 69 Stat. 25; July 24, 1959, Pub. L. 86–108, ch. VII, §701(b), 73 Stat. 257; Aug. 20, 1968, Pub. L. 90–494, §18, 82 Stat. 814; Aug. 17, 1977, Pub. L. 95–105, title IV, §407, 91 Stat. 854; Oct. 7, 1978, Pub. L. 95–426, title II, §204(b)(6), 92 Stat. 974, related to appointments and assignments to Reserve.
Section 923, act Aug. 13, 1946, ch. 957, title V, §523, 60 Stat. 1009, related to appointment and assignment to a class.
Section 924, act Aug. 13, 1946, ch. 957, title V, §524, 60 Stat. 1009, related to commissions for Reserve officers.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§925. Repealed. Pub. L. 86–723, §52(2), Sept. 8, 1960, 74 Stat. 847
Section, act Aug. 13, 1946, ch. 957, title V, §525, 60 Stat. 1010, authorized Secretary to define active duty period of Reserve officers.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal by Pub. L. 86–723 effective first day of first pay period which begins more than thirty days after Sept. 8, 1960, see Pub. L. 86–723, §56(a), Sept. 8, 1960, 74 Stat. 848.
§§926 to 928. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 926, act Aug. 13, 1946, ch. 957, title V, §526, 60 Stat. 1010, related to benefits of Reserve officers.
Section 927, act Aug. 13, 1946, ch. 957, title V, §527, 60 Stat. 1010, related to reappointment or reassignment of Reserve officers.
Section 928, acts Aug. 13, 1946, ch. 957, title V, §528, 60 Stat. 1010; Sept. 8, 1960, Pub. L. 86–723, §11, 74 Stat. 833, related to reinstatement of Reserve officers.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§§929 to 932. Repealed. Pub. L. 96–465, title II, §2205(6), Oct. 17, 1980, 94 Stat. 2160
Section 929, Pub. L. 90–464, §15, Aug. 20, 1968, 82 Stat. 813, related to limitation on tenure and extension of appointment for Reserve officers.
Section 930, Pub. L. 90–494, §16, Aug. 20, 1968, 82 Stat. 814, related to retirement and tenure for Reserve officers.
Section 931, Pub. L. 90–464, §17, Aug. 20, 1968, 82 Stat. 814, related to unlimited tenure for Foreign Service Reserve officers.
Section 932, Pub. L. 90–464, §19, Aug. 20, 1968, 82 Stat. 814, provided that sections 929 to 931 of this title not apply to officers and employees of the Agency for International Development, the Peace Corps, and the Arms Control and Disarmament Agency.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part D—Foreign Service Staff Officers and Employees
§936. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title V, §531, 60 Stat. 1010; Sept. 8, 1960, Pub. L. 86–723, §12, 74 Stat. 833, related to appointments for Foreign Service staff officers and employees.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Transfer of Personnel From Old to New Classes
Act Aug. 13, 1946, ch. 957, title XI, §1103, 60 Stat. 1034, which set forth provisions respecting transfer of personnel from old class to new class, was repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159.
§§937 to 939. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 937, acts Aug. 13, 1946, ch. 957, title V, §532, 60 Stat. 1010; Sept. 8, 1960, Pub. L. 86–723, §13, 74 Stat. 833, related to assignments and transfers of Foreign Service staff officers and employees.
Section 938, act Aug. 13, 1946, ch. 957, title V, §533, 60 Stat. 1010, related to commission as consul or vice consul.
Section 939, act Aug. 13, 1946, ch. 957, title V, §534, 60 Stat. 1011, related to citizenship requirements of staff officers or employees.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part E—Alien Clerks and Employees
§§946, 947. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 946, act Aug. 13, 1946, ch. 957, title V, §541, 60 Stat. 1011, related to appointment of alien clerks and employees.
Section 947, act Aug. 13, 1946, ch. 957, title V, §542, 60 Stat. 1011, related to assignments and transfers of alien clerks and employees.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part F—Consular Agents
§951. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title V, §551, 60 Stat. 1011, related to appointment of consular agents.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part G—Assignment of Personnel by the Army and Navy Departments
§§956, 957. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section 956, act Aug. 13, 1946, ch. 957, title V, §561, 60 Stat. 1011, related to detail of military and naval personnel as inspectors or supervisors of buildings, or as couriers. See section 713 of Title 10, Armed Forces.
Section 957, act Aug. 13, 1946, ch. 957, title V, §562, 60 Stat. 1011, authorized the Secretary of the Navy to assign enlisted men of the Navy and Marine Corps to serve as custodians at an embassy, legation, or consulate. See section 5983 of Title 10, Armed Forces.
Part H—Assignment of Foreign Service Personnel
§§961 to 966. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 961, acts Aug. 13, 1946, ch. 957, title V, §571, 60 Stat. 1011; May 26, 1949, ch. 143, §5, 63 Stat. 111; Apr. 5, 1955, ch. 23, §6, 69 Stat. 25; June 30, 1958, Pub. L. 85–477, ch. V, §502(h), 72 Stat. 273; Sept. 8, 1960, Pub. L. 86–723, §14, 74 Stat. 833; Dec. 16, 1963, Pub. L. 88–205, pt. IV, §404(a), 77 Stat. 391; Aug. 17, 1977, Pub. L. 95–105, title IV, §408, 91 Stat. 854, set forth provisions relating to assignments of officers or employees to any government agency or international organization.
Section 962, act Aug. 13, 1946, ch. 957, title V, §572, 60 Stat. 1012, related to compulsory service in the United States.
Section 963, act Aug. 13, 1946, ch. 957, title V, §573, 60 Stat. 1012, related to assignment for consultation or instruction.
Section 964, act Aug. 13, 1946, ch. 957, title V, §574, 60 Stat. 1012, related to assignment to trade, labor, agricultural, scientific, or other conferences.
Section 965, acts Aug. 13, 1946, ch. 957, title V, §575, 60 Stat. 1013; Sept. 8, 1960, Pub. L. 86–723, §15, 74 Stat. 834, related to assignments to foreign governments of officers and employees.
Section 966, act Aug. 13, 1946, ch. 957, title V, §576, as added Oct. 26, 1974, Pub. L. 93–475, §9(a), 88 Stat. 1440; amended Nov. 29, 1975, Pub. L. 94–141, title IV, §401(a), 89 Stat. 763; Oct. 7, 1978, Pub. L. 95–426, title IV, §403(a)(2)–(4), 92 Stat. 978, related to assignments to public or private nonprofit organizations and Members and officers of Congress.
A prior section 576 of act Aug. 13, 1946, ch. 957, title V, 60 Stat. 1013, which provided for assignments to international organizations, was repealed by Pub. L. 86–723, §52(3), Sept. 8, 1960, 74 Stat. 847.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§967. Repealed. Pub. L. 86–723, §52(4), Sept. 8, 1960, 74 Stat. 847
Section, act Aug. 13, 1946, ch. 957, title V, §577, 60 Stat. 1013, related to assignment or detail to United States as affecting personnel ceilings.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective on first day of first pay period which begins more than thirty days after Sept. 8, 1960, see Pub. L. 86–723, §56(a), Sept. 8, 1960, 74 Stat. 848.
§968. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title V, §578, as added Sept. 8, 1960, Pub. L. 86–723, §16, 74 Stat. 834, related to foreign language knowledge as condition for assignment.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
SUBCHAPTER VI—PERSONNEL ADMINISTRATION
Part A—General
§981. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title VI, §601, 60 Stat. 1013, defined terms "efficiency record" and "efficiency report".
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part B—Efficiency Records
§§986, 987. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 986, act Aug. 13, 1946, ch. 957, title VI, §611, 60 Stat. 1013, related to responsibility of Director General for efficiency records.
Section 987, act Aug. 13, 1946, ch. 957, title VI, §612, 60 Stat. 1014, related to availability of records.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part C—Promotion of Foreign Service Officers and Reserve Officers
§§991 to 996. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 991, acts Aug. 13, 1946, ch. 957, title VI, §621, 60 Stat. 1014; Nov. 29, 1975, Pub. L. 94–141, title IV, §402, 89 Stat. 764, related to promotion by selection of Foreign Service officers.
Section 992, act Aug. 13, 1946, ch. 957, title VI, §622, 60 Stat. 1014, related to eligibility for promotion.
Section 993, acts Aug. 13, 1946, ch. 957, title VI, §623, 60 Stat. 1014; Oct. 18, 1973, Pub. L. 93–126, §10, 87 Stat. 453, related to recommendations for promotion.
Section 994, act Aug. 13, 1946, ch. 956, title VI, §624, 60 Stat. 1014, related to promotion of Reserve officers.
Section 995, acts Aug. 13, 1946, ch. 957, title VI, §625, 60 Stat. 1014; Sept. 8, 1960, Pub. L. 86–723, §17, 74 Stat. 834; Nov. 29, 1975, Pub. L. 94–141, title IV, §403, 89 Stat. 764, related to computation, etc., of within-class salary increases.
Section 996, act Aug. 13, 1946, ch. 957, title VI, §626, as added Sept. 8, 1960, Pub. L. 86–723, §18, 74 Stat. 834, related to effect on promotion of functional and geographical area specialization.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part D—Separation of Officers and Employees From the Service
§1001. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title VI, §631, 60 Stat. 1015; Aug. 5, 1955, ch. 576, §8, 69 Stat. 537; Sept. 8, 1960, Pub. L. 86–723, §20, 74 Stat. 835; July 12, 1976, Pub. L. 94–350, title V, §518, 90 Stat. 845, related to separation from service of career ambassadors.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 17, 1980, see section 2403(d)(1) of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§1002. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title VI, §632, 60 Stat. 1015; Aug. 5, 1955, ch. 576, §9, 69 Stat. 537; Sept. 8, 1960, Pub. L. 86–723, §21, 74 Stat. 835; July 12, 1976, Pub. L. 94–350, title V, §519, 90 Stat. 846, related to separation from service of participants in the Foreign Service Retirement and Disability System who are not career ambassadors.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 17, 1980, see section 2403(d)(1) of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Mandatory Retirement
Act Aug. 13, 1946, ch. 957, title XI, §1111, 60 Stat. 1034, which related to mandatory retirement of certain Foreign Service officers, was repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159.
§§1003 to 1009. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1003, act Aug. 13, 1946, ch. 957, title VI, §633, as added Apr. 5, 1955, ch. 23, §7, 69 Stat. 25, related to selection-out process and regulations.
A prior section 633 of act Aug. 13, 1946, ch. 957, title VI, 60 Stat. 1015, which provided that Secretary prescribe maximum period during which Foreign Service officers in classes 2 or 3 remain in force without promotion and for retirement from Service for any officer who did not receive a promotion within such period, was repealed by act Apr. 5, 1955, ch. 23, §7, 69 Stat. 25.
Section 1004, act Aug. 13, 1946, ch. 957, title VI, §634, as added Apr. 5, 1955, ch. 23, §7, 69 Stat. 25; amended July 28, 1956, ch. 770, §7, 70 Stat. 704; Sept. 8, 1960, Pub. L. 86–723, §22, 74 Stat. 835; July 12, 1976, Pub. L. 94–350, title V, §520, 90 Stat. 846, related to selection-out benefits.
A prior section 634 of act Aug. 13, 1946, ch. 957, title VI, 60 Stat. 1015, which provided selection-out benefits to officers in classes 4 and 5 was repealed by act Apr. 5, 1955, ch. 23, §7, 69 Stat. 25.
Section 1005, acts Aug. 13, 1946, ch. 957, title VI, §635, 60 Stat. 1016; July 28, 1956, ch. 770, §8, 70 Stat. 704; Sept. 8, 1960, Pub. L. 86–723, §23, 74 Stat. 836, related to status, etc., of officers in class 7 or 8.
Section 1006, acts Aug. 13, 1946, ch. 957, title VI, §636, 60 Stat. 1016; Sept. 8, 1960, Pub. L. 86–723, §24, 74 Stat. 836, related to voluntary retirement.
Section 1007, acts Aug. 13, 1946, ch. 957, title VI, §637, 60 Stat. 1016; July 28, 1956, ch. 770, §8, 70 Stat. 704; Sept. 8, 1960, Pub. L. 86–723, §25(a), 74 Stat. 836; July 12, 1976, Pub. L. 94–350, title V, §521, 90 Stat. 846, related to separation for cause of officers and employees.
Section 1008, acts Aug. 13, 1946, ch. 957, title VI, §638, 60 Stat. 1016; Sept. 8, 1960, Pub. L. 86–723, §26, 74 Stat. 837, related to termination of limited appointments of Reserve officers, and staff officers and employees.
Section 1009, act Aug. 13, 1946, ch. 957, title VI, §639, as added Oct. 7, 1978, Pub. L. 95–426, title IV, §404, 92 Stat. 979, related to professional career counseling, advice, and placement assistance.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part E—Promotion of Staff Officers and Employees
§§1016, 1017. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1016, acts Aug. 13, 1946, ch. 957, title VI, §641, 60 Stat. 1017; Sept. 8, 1960, Pub. L. 86–723, §27, 74 Stat. 837, related to class promotion of staff personnel.
Section 1017, acts Aug. 13, 1946, ch. 957, title VI, §642, 60 Stat. 1017; Sept. 8, 1960, Pub. L. 86–723, §28, 74 Stat. 837; Oct. 11, 1962, Pub. L. 87–793, §905, 76 Stat. 863, related to within-class salary increases for staff officers or employees.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part F—Separation of Staff Officers and Employees
§§1021, 1022. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1021, act Aug. 13, 1946, ch. 957, title VI, §651, 60 Stat. 1017, related to separation from service of staff officers and employees for unsatisfactory performance of duty.
Section 1022, act Aug. 13, 1946, ch. 957, title VI, §652, 60 Stat. 1017, related to separation from service of staff officers and employees for misconduct or malfeasance.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part G—Alien Clerks and Employees
§§1026 to 1028. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1026, act Aug. 13, 1946, ch. 957, title VI, §661, 60 Stat. 1017, related to promotion for alien clerks and employees.
Section 1027, act Aug. 13, 1946, ch. 957, title VI, §662, 60 Stat. 1017, related to separation from service of alien clerks and employees for unsatisfactory performance of duty.
Section 1028, act Aug. 13, 1946, ch. 957, title VI, §663, 60 Stat. 1017, related to separation from service of alien clerks and employees for misconduct or malfeasance.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part H—Consular Agents
§1031. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title VI, §671, 60 Stat. 1017, related to separation from service of consular agents.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part I—Inspections
§1036. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title VI, §681, 60 Stat. 1018, authorized detailing of officers for inspections, time of inspections, and powers of officers.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part J—Foreign Service Grievances
§§1037 to 1037c. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1037, act Aug. 13, 1946, ch. 957, title VI, §691, as added Nov. 29, 1975, Pub. L. 94–141, title IV, §404(a), 89 Stat. 765, set forth Congressional statement of purposes with respect to grievances.
Section 1037a, act Aug. 13, 1946, ch. 957, title VI, §692, as added Nov. 29, 1975, Pub. L. 94–141, title IV, §404(a), 89 Stat. 765; amended 1977 Reorg. Plan No. 2, §§5, 7(a)(4), 42 F.R. 62461, 91 Stat. 1636, 1637, set forth provisions relating to consideration and resolution of grievances, promulgation of regulations for procedures, and applicable criteria.
Section 1037b, act Aug. 13, 1946, ch. 957, title VI, §693, as added Nov. 29, 1975, Pub. L. 94–141, title IV, §404(a), 89 Stat. 770, related to filing of grievances and election of remedies.
Section 1037c, act Aug. 13, 1946, ch. 957, title VI, §694, as added Nov. 29, 1975, Pub. L. 94–141, title IV, §404(a), 89 Stat. 770, related to judicial review of regulations and final actions.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
SUBCHAPTER VII—THE FOREIGN SERVICE INSTITUTE
§§1041 to 1048. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1041, acts Aug. 13, 1946, ch. 957, title VII, §701, 60 Stat. 1018; Sept. 8, 1960, Pub. L. 86–723, §29, 74 Stat. 837; Sept. 4, 1961, Pub. L. 87–195, pt. IV, §708(1), 75 Stat. 464, related to establishment, etc., of Foreign Service Institute.
Section 1042, act Aug. 13, 1946, ch. 957, title VII, §702, 60 Stat. 1018, related to appointment, salary, and duties of Director of Institute.
Section 1043, act Aug. 13, 1946, ch. 957, title VII, §703, 60 Stat. 1018, related to aid to nonprofit institutions.
Section 1044, acts Aug. 13, 1946, ch. 957, title VII, §704, 60 Stat. 1018; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972; Sept. 8, 1960, Pub. L. 86–723, §30, 74 Stat. 837, set forth provisions relating to appointment or assignment of personnel to faculty or staff of Institute.
Section 1045, act Aug. 13, 1946, ch. 957, title VII, §705, 60 Stat. 1019, related to instruction and education at localities other than Institute.
Section 1046, act Aug. 13, 1946, ch. 957, title VII, §706, 60 Stat. 1019, related to endowments and gifts.
Section 1047, act Aug. 13, 1946, ch. 957, title VII, §707, 60 Stat. 1019, related to acquisition of real property.
Section 1048, act Aug. 13, 1946, ch. 957, title VII, §708, as added Oct. 7, 1978, Pub. L. 95–426, title IV, §405(a)(1), 92 Stat. 979, authorized Institute to provide orientation and language training for family members of Government personnel.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
SUBCHAPTER VIII—RETIREMENT AND DISABILITY SYSTEM
Part A—Establishment of System
§§1061 to 1063. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1061, act Aug. 13, 1946, ch. 957, title VIII, §801, 60 Stat. 1019, authorized rules and regulations.
Section 1062, act Aug. 13, 1946, ch. 957, title VIII, §802, 60 Stat. 1020, related to maintenance of Foreign Service Retirement and Disability Fund.
Section 1063, acts Aug. 13, 1946, ch. 957, title VIII, §803, 60 Stat. 1020; Sept. 8, 1960, Pub. L. 86–723, §31, 74 Stat. 838; July 12, 1976, Pub. L. 94–350, title V, §501, 90 Stat. 834; Oct. 7, 1978, Pub. L. 95–426, title II, §204(b)(7), 92 Stat. 974, related to criteria for participants for benefits in System.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Conversion to Foreign Service Retirement System
Pub. L. 94–350, title V, §522(a)–(c), July 12, 1976, 90 Stat. 846, which set forth provisions relating to conversion to Foreign Service Retirement System, was repealed by Pub. L. 96–465, title II, §2205(4), Oct. 17, 1980, 94 Stat. 2160.
§§1064, 1065. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1064, acts Aug. 13, 1946, ch. 957, title VIII, §804, 60 Stat. 1020; Apr. 5, 1955, ch. 23, §13(2), 69 Stat. 27; Sept. 8, 1960, Pub. L. 86–723, §32, 74 Stat. 838; Feb. 28, 1970, Pub. L. 91–201, title I, §101, title II, §201, 84 Stat. 17, 18; July 12, 1976, Pub. L. 94–350, title V, §502, 90 Stat. 834; Ex. Ord. No. 11952, §2(a), Jan. 7, 1977, 42 F.R. 2293, 4809; Ex. Ord. No. 12145, §1–102, July 18, 1979, 44 F.R. 42653, defined terms applicable to System.
Section 1065, act Aug. 13, 1946, ch. 957, title VIII, §805, as added July 12, 1976, Pub. L. 94–350, title V, §503, 90 Stat. 835, authorized maintenance of existing areas of conformity between Civil Service and Foreign Service Retirement Systems.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part B—Contributions to the Fund
§1071. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title VIII, §811, 60 Stat. 1020; Aug. 5, 1955, ch. 576, §10, 69 Stat. 537; Sept. 8, 1960, Pub. L. 86–723, §33, 74 Stat. 839; Feb. 28, 1970, Pub. L. 91–201, title I, §102(a), 84 Stat. 17; July 12, 1976, Pub. L. 94–350, title V, §504, 90 Stat. 836; Aug. 17, 1977, Pub. L. 95–105, title IV, §409(a), 91 Stat. 854, Ex. Ord. No. 12145, §1–103, July 18, 1979, 44 F.R. 42653, related to rate of contributions to Fund.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part C—Computation and Payment of Annuities
§1076. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title VIII, §821, 60 Stat. 1020; Aug. 5, 1955, ch. 576, §11, 69 Stat. 537; July 28, 1956, ch. 770, §9, 70 Stat. 705; Sept. 8, 1960, Pub. L. 86–723, §34, 74 Stat. 839; Oct. 31, 1965, Pub. L. 89–308, §9(1), 79 Stat. 1131; Feb. 28, 1970, Pub. L. 91–201, title II, §202, 84 Stat. 18; July 12, 1976, Pub. L. 94–350, title V, §505, 90 Stat. 837; Ex. Ord. No. 11952, §2(b)–(d), Jan. 7, 1977, 42 F.R. 2293, 4809; Aug. 17, 1977, Pub. L. 95–105, title IV, §409(b), 91 Stat. 854; Ex. Ord. No. 12145, §§1–104 to 1–110, July 18, 1979, 44 F.R. 42653, related to rate of annuity and commencement and termination of payments.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Recomputation of Annuity Rates
Act Aug. 13, 1946, ch. 957, title XI, §1112, 60 Stat. 1035, which related to recomputation of annuity rates, was repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159.
Computation of Annuities of Participants Retiring During the Period Beginning October 1, 1978 and Ending December 31, 1979
Pub. L. 95–426, title IV, §406, Oct. 7, 1978, 92 Stat. 979, which provided that the annuity of any participant in the Foreign Service Retirement and Disability System whose salary was or is limited by section 5308 of Title 5 and who retired during the period beginning Oct. 1, 1978 and ending Dec. 31, 1979, would be equal to 2 per centum of his or her basic salary for the highest year of service for which contributions had been made to the Foreign Service Retirement and Disability Fund multiplied by the number of years, not exceeding thirty-five, of service credit obtained in accordance with sections 1091 and 1093 of this title, was repealed by Pub. L. 95–482, §109, Oct. 18, 1978, 92 Stat. 1605.
§1076a. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title VIII, §822, as added July 12, 1976, Pub. L. 94–350, title V, §506, 90 Stat. 838, related to commencement, etc., of payment of annuity.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§§1077, 1078. Repealed. Pub. L. 96–465, title II, §2205(12), Oct. 17, 1980, 94 Stat. 2160
Section 1077, act May 21, 1952, ch. 315, §1, 66 Stat. 81, related to increase of annuities of annuitants retired prior to Nov. 13, 1950.
Section 1078, act May 21, 1952, ch. 315, §2, 66 Stat. 82, related to increase of annuities of survivor annuitants of persons retired prior to Nov. 13, 1950.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§§1079 to 1079c. Repealed. Pub. L. 96–465, title II, §2205(13), Oct. 17, 1980, 94 Stat. 2160
Section 1079, act May 1, 1956, ch. 229, §1, 70 Stat. 125, related to increase of annuities of annuitants retired prior to July 1, 1949.
Section 1079a, act May 1, 1956, ch. 229, §2, 70 Stat. 125, related to availability of increases provided for by section 1079 of this title for officers retired before July 1, 1979, who exercised reduced annuity and restoration clause.
Section 1079b, act May 1, 1956, ch. 229, §3, 70 Stat. 125, related to increases for widowed annuitants.
Section 1079c, act May 1, 1956, ch. 229, §4, 70 Stat. 125, related to increases for officers' wives who become annuitants subsequent to the effective date of sections 1079 to 1079f of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§1079d. Repealed. Pub. L. 96–465, title II, §2205(13), Oct. 17, 1980, 94 Stat. 2160
Section, acts May 1, 1956, ch. 229, §5, 70 Stat. 125; July 12, 1960, Pub. L. 86–612, §2(a), 74 Stat. 371, related to grants to needy ineligible widows.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Effective Date of 1960 Amendment
Pub. L. 86–612, §2(b), July 12, 1960, 74 Stat. 371, which provided that the amendment made to this section by section 2(a) of Pub. L. 86–612 take effect on the first day of the first month which begins more than thirty days after July 12, 1960, was repealed by Pub. L. 96–465, title II, §2205(15), Oct. 17, 1980, 94 Stat. 2160.
§§1079e, 1079f. Repealed. Pub. L. 96–465, title II, §2205(13), Oct. 17, 1980, 94 Stat. 2160
Section 1079e, act May 1, 1956, ch. 229, §6, 70 Stat. 125, related to restriction on increases under sections 1079 to 1079f of this title.
Section 1079f, act May 1, 1956, ch. 229, §7, 70 Stat. 125, provided that no annuity currently payable be reduced as a result of sections 1079 to 1079f of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§§1079g to 1079k. Repealed. Pub. L. 96–465, title II, §2205(14), Oct. 17, 1980, 94 Stat. 2160
Section 1079g, Pub. L. 85–882, §1, Sept. 2, 1958, 72 Stat. 1705, related to increase of annuities for service terminated on or before Jan. 31, 1958.
Section 1079h, Pub. L. 85–882, §2, Sept. 2, 1958, 72 Stat. 1705, related to increase of annuities of retired officers for service terminated on or after Feb. 1, 1958, and provided a schedule of increase.
Section 1079i, Pub. L. 85–882, §3, Sept. 2, 1958, 72 Stat. 1705, related to increase of annuities of survivor annuitants for service terminated after Feb. 1, 1958, and provided a schedule of increase.
Section 1079j, Pub. L. 85–882, §4, Sept. 2, 1958, 72 Stat. 1705, provided that computation of increase on additional annuities purchased with voluntary contributions be barred.
Section 1079k, Pub. L. 85–882, §5, Sept. 2, 1958, 72 Stat. 1705, provided no annuity of a retired officer or survivor annuitant be increased under sections 1079g to 1079k of this title beyond a specified amount.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§1079l. Repealed. Pub. L. 96–465, title II, §2205(15), Oct. 17, 1980, 94 Stat. 2160
Section, Pub. L. 86–612, §1, July 12, 1960, 74 Stat. 371, set forth provisions relating to increase of annuities.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§§1079m to 1079s. Repealed. Pub. L. 96–465, title II, §2205(16), Oct. 17, 1980, 94 Stat. 2160
Section 1079m, Pub. L. 89–308, §2, Oct. 31, 1965, 79 Stat. 1129, related to adjustment in annuities for service terminated before Oct. 16, 1960.
Section 1079n, Pub. L. 89–308, §3, Oct. 31, 1965, 79 Stat. 1130, related to benefit of surviving widow of annuitant whose service terminated before Oct. 16, 1960, and who has elected deferred annuity and dies before becoming eligible.
Section 1079o, Pub. L. 89–308, §4, Oct. 31, 1965, 79 Stat. 1130, related to benefit of surviving widow of annuitant who retired before Oct. 16, 1960, and who died before Oct. 31, 1965.
Section 1079p, Pub. L. 89–308, §5, Oct. 31, 1965, 79 Stat. 1131, related to increase in annuity for widows receiving less than $2,400.
Section 1079q, Pub. L. 89–308, §6, Oct. 31, 1965, 79 Stat. 1131, related to annuity benefits of widows under sections 1079m to 1079p of this title in lieu of any other benefits.
Section 1079r, Pub. L. 89–308, §7, Oct. 31, 1965, 79 Stat. 1131, provided for effective date for increases, adjustments, or grants of annuity.
Section 1079s, Pub. L. 89–308, §8, Oct. 31, 1965, 79 Stat. 1131, related to payments of annuity benefits from Foreign Service Retirement and Disability Fund.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part D—Benefits Accruing to Certain Participants
§§1081, 1082. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1081, acts Aug. 13, 1946, ch. 957, title VIII, §831, 60 Stat. 1021; Sept. 8, 1960, Pub. L. 86–723, §35, 74 Stat. 840; July 12, 1976, Pub. L. 94–350, title V, §507, 90 Stat. 839, related to benefits due to disability or incapacity.
Section 1082, acts Aug. 13, 1946, ch. 957, title VIII, §832, 60 Stat. 1022; Sept. 8, 1960, Pub. L. 86–723, §36, 74 Stat. 842; Oct. 31, 1965, Pub. L. 89–308, §9(2), 79 Stat. 1131; Feb. 28, 1970, Pub. L. 91–201, title II, §203, 84 Stat. 18; July 12, 1976, Pub. L. 94–350, title V, §508, 90 Stat. 839, related to payment of lump-sum credit and annuities for death in service.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§1083. Repealed. Pub. L. 94–350, title V, §516, July 12, 1976, 90 Stat. 845
Section, act Aug. 13, 1946, ch. 957, title VIII, §833, 60 Stat. 1022, provided for retirement of non Foreign Service officers and chiefs of missions.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1976, see Pub. L. 94–350, title V, §524(a), July 12, 1976, 90 Stat. 848.
§1084. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title VIII, §834, as added Sept. 8, 1960, Pub. L. 86–723, §37, 74 Stat. 842; amended July 12, 1976, Pub. L. 94–350, title V, §509, 90 Stat. 840, related to discontinued service retirement.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part E—Lump-Sum Payments
§1086. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title VIII, §841, 60 Stat. 1022; Sept. 8, 1960, Pub. L. 86–723, §38, 74 Stat. 843; July 12, 1976, Pub. L. 94–350, title V, §510, 90 Stat. 840, related to separation from service and computation, etc., of lump-sum credit.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part F—Service Period for Annuities
§1091. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title VIII, §851, 60 Stat. 1023; Sept. 8, 1960, Pub. L. 86–723, §39, 74 Stat. 844; Feb. 28, 1970, Pub. L. 91–201, title II, §204, 84 Stat. 19; July 12, 1976, Pub. L. 94–350, title V, §511, 90 Stat. 842, Ex. Ord. No. 12145, §1–111, July 18, 1979, 44 F.R. 42654, related to computation, etc., of creditable service period for annuities.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§1092. Repealed. Pub. L. 94–350, title V, §516, July 12, 1976, 90 Stat. 845
Section, acts Aug. 13, 1946, ch. 957, title VIII, §852, 60 Stat. 1023; Apr. 5, 1955, ch. 23, §8(a), (b), 69 Stat. 26; Sept. 8, 1960, Pub. L. 86–723, §40, 74 Stat. 844; Feb. 28, 1970, Pub. L. 91–201, title I, §103, 84 Stat. 17, related to prior service credits. See sections 4045 and 4056 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1976, see Pub. L. 94–350, title V, §524(a), July 12, 1976, 90 Stat. 848.
§1093. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title VIII, §853, 60 Stat. 1024; Apr. 5, 1955, ch. 23, §9, 69 Stat. 27, related to extra credit for service at unhealthful posts.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§1094. Repealed. Pub. L. 94–350, title V, §516, July 12, 1976, 90 Stat. 845
Section, act Aug. 13, 1946, ch. 957, title VIII, §854, 60 Stat. 1024, provided for credit while on military leave. See section 4045 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1976, see Pub. L. 94–350, title V, §524(a), July 12, 1976, 90 Stat. 848.
§1095. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title VIII, §855, as added Sept. 8, 1960, Pub. L. 86–723, §41, 74 Stat. 845, related to recomputation of annuities of certain former participants.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part G—Moneys
§1101. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, act Aug. 13, 1946, ch. 957, title VIII, §861, 60 Stat. 1024, related to estimation of needed appropriations by Secretary of Treasury.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§1102. Repealed. Pub. L. 89–348, §1(22), Nov. 8, 1965, 79 Stat. 1312
Section, act Aug. 13, 1964, ch. 957, title VIII, §862, 60 Stat. 1024, required an annual report to Congress and to President on condition of Foreign Service Retirement and Disability Fund and of estimates of appropriations necessary to continue system in effect.
§§1103 to 1106. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1103, act Aug. 13, 1946, ch. 957, title VIII, §863, 60 Stat. 1024, related to investment of Fund by Secretary of the Treasury.
Section 1104, acts Aug. 13, 1946, ch. 957, title VIII, §864, 60 Stat. 1024; Apr. 5, 1955, ch. 23, §13(3), 69 Stat. 27; Ex. Ord. No. 11952, §2(e), Jan. 7, 1977, 42 F.R. 2293, 4809; Ex. Ord. No. 12145, §1–112, July 18, 1979, 44 F.R. 42654, related to attachment of moneys.
Section 1105, act Aug. 13, 1946, ch. 957, title VIII, §865, as added Feb. 28, 1970, Pub. L. 91–201, title I, §104(a), 84 Stat. 17; amended July 12, 1976, Pub. L. 94–350, title V, §512, 90 Stat. 843, related to payments for future benefits, and funding of normal costs.
Section 1106, act Aug. 13, 1946, ch. 957, title VIII, §866, as added Feb. 28, 1970, Pub. L. 91–201, title I, §104(a), 84 Stat. 18, related to unfunded liability obligations, and credit for military service with respect to funding requirements.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part H—Annuitants Recalled in Service or Reemployed in Government
§§1111, 1112. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1111, acts Aug. 13, 1946, ch. 957, title VIII, §871, 60 Stat. 1025; July 28, 1956, ch. 770, §10, 70 Stat. 705; Sept. 8, 1960, Pub. L. 86–723, §43, 74 Stat. 845; July 12, 1976, Pub. L. 94–350, title V, §513, 90 Stat. 843, related to annuity adjustment for recall service.
Section 1112, act Aug. 13, 1946, ch. 957, title VIII, §872, as added Sept. 8, 1960, Pub. L. 86–723, §44, 74 Stat. 846; amended Sept. 4, 1961, Pub. L. 87–195, pt. IV, §708(2), 75 Stat. 464, related to rights, etc., upon reemployment of annuitant.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part I—Voluntary Contributions
§1116. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title VIII, §881, 60 Stat. 1025; Sept. 8, 1960, Pub. L. 86–723, §45, 74 Stat. 846; July 12, 1976, Pub. L. 94–350, title V, §514, 90 Stat. 843, related to composition, etc., of voluntary contribution account.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part J—Cost-of-Living Adjustments of Annuities
§1121. Repealed. Pub. L. 96–465, title II, §2205(1), (16), Oct. 17, 1980, 94 Stat. 2159, 2160
Section, act Aug. 13, 1946, ch. 957, title VIII, §882, as added Oct. 31, 1965, Pub. L. 89–308, §9(3), 79 Stat. 1131; amended Feb. 28, 1970, Pub. L. 91–201, title II, §205, 84 Stat. 19; July 12, 1976, Pub. L. 94–350, title V, §515, 90 Stat. 844; Oct. 1, 1976, Pub. L. 94–440, title XIII, §1306(e)(1), 90 Stat. 1463; Ex. Ord. No. 11272, §1–101, Jan. 16, 1981, 46 F.R. 5853, related to effective date, etc., of provisions authorizing cost-of-living annuity increase.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
SUBCHAPTER IX—ALLOWANCES AND BENEFITS
Part A—Allowances and Special Allotments
§1131. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title IX, §901, 60 Stat. 1025; Apr. 5, 1955, ch. 23, §10, 69 Stat. 27; Sept. 6, 1960, Pub. L. 86–707, title V, §511(c)(7), 74 Stat. 801, related to authorization of representation allowances.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§§1132, 1133. Repealed. Pub. L. 86–707, title V, §511(a)(1), Sept. 6, 1960, 74 Stat. 800
Section 1132, acts Aug. 13, 1946, ch. 957, title IX, §902, 60 Stat. 1026; July 28, 1956, ch. 770, §11, 70 Stat. 705, authorized the Secretary of State to allot funds to defray the unusual expenses incident to the operation and maintenance of official residences suitable for principal representatives of the United States. See section 5913 of Title 5, Government Organization and Employees.
Section 1133, act Aug. 13, 1946, ch. 957, title IX, §903, 60 Stat. 1026, required the Secretary of State to account for all allowances and allotments.
Part B—Travel and Related Expenses
§§1136 to 1138a. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1136, acts Aug. 13, 1946, ch. 957, title IX, §911, 60 Stat. 1026; Apr. 5, 1955, ch. 23, §11, 69 Stat. 27; Sept. 6, 1960, Pub. L. 86–707, title III, §301(a), title V, §511(a)(1), 74 Stat. 795, 800; Sept. 4, 1961, Pub. L. 87–195, pt. IV, §708(3), 75 Stat. 464; Dec. 16, 1963, Pub. L. 88–205, pt. IV, §404(b), 77 Stat. 391; Dec. 23, 1967, Pub. L. 90–221, §1, 81 Stat. 671; Oct. 7, 1978, Pub. L. 95–426, title IV, §§407(a), 408(a), 409(a), 92 Stat. 980, related to payment, etc., of travel expenses, transportation and storage expenses, and expenses for bringing home remains of personnel and family members.
Section 1137, acts Aug. 13, 1946, ch. 957, title IX, §912, 60 Stat. 1027; Sept. 8, 1960, Pub. L. 86–723, §46, 74 Stat 846, related to loan of household furnishings and equipment to officers and employees.
Section 1138, acts Aug. 13, 1946, ch. 957, title IX, §913, 60 Stat. 1027; Sept. 6, 1960, Pub. L. 86–707, title III, §322, 74 Stat. 798; Sept. 8, 1960, Pub. L. 86–723, §47, 74 Stat. 846, related to transportation of motor vehicles of officers and employees.
Section 1138a, act Aug. 13, 1946, ch. 957, title IX, §914, as added Dec. 16, 1963, Pub. L. 88–205, pt. IV, §404(c), 77 Stat. 391, related to transportation for Government employees and dependents.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part C—Commissary and Mess Services and Recreation Facilities
§1139. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section, acts Aug. 13, 1946, ch. 957, title IX, §921, 60 Stat. 1027; July 28, 1956, ch. 770, §12, 70 Stat. 705; Dec. 16, 1963, Pub. L. 88–205, pt. IV, §404(c), 77 Stat. 391; Oct. 7, 1978, Pub. L. 95–426, title I, §112(a)(2), 92 Stat. 968, related to commissary and mess services and recreational facilities abroad.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
§1140. Repealed. Oct. 31, 1951, ch. 654, §1(43), 65 Stat. 703
Section, act July 5, 1946, ch. 541, title I, 60 Stat. 452, related to sale or exchange of Foreign Service automobiles abroad.
Part D—Leaves of Absence
§§1146, 1147. Repealed. Oct. 30, 1951, ch. 631, title II, §207(a)(6), 65 Stat. 682
Sections, act Aug. 13, 1946, ch. 957, title IX, §§931, 932, 60 Stat. 1028, related to annual and sick leave for officers and employees in the Foreign Service. See section 6301 et seq. of Title 5, Government Organization and Employees.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 6, 1952, see act Oct. 30, 1951, ch. 631, §209, 65 Stat. 683.
§§1148 to 1151. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1148, acts Aug. 13, 1946, ch. 957, title IX, §933, 60 Stat. 1028; Aug. 26, 1954, ch. 937, title V, §544(e), as added July 18, 1956, ch. 627, §11(a), 70 Stat. 563; Aug. 14, 1957, Pub. L. 85–141, §11(b)(1), 71 Stat. 365; Sept. 4, 1961, Pub. L. 87–195, pt. IV, §708(4), 75 Stat. 464, related to return of personnel on leaves of absence to United States, its territories and possessions.
Section 1149, act Aug. 13, 1946, ch. 957, title IX, §934, 60 Stat. 1028, related to leaves of absence of Reserve officers assigned to the Foreign Service.
Section 1150, act Aug. 13, 1946, ch. 957, title IX, §935, 60 Stat. 1029, related to transfers of leaves of absence.
Section 1151, act Aug. 13, 1946, ch. 957, title IX, §936, as added July 28, 1956, ch. 770, §17, 70 Stat. 708, related to application of Annual and Sick Leave Act of 1951.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Part E—Medical Services
§§1156 to 1160. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159
Section 1156, acts Aug. 13, 1946, ch. 957, title IX, §941, 60 Stat. 1029; July 28, 1956, ch. 770, §13, 70 Stat. 706, related to payment of expenses of medical treatment.
Section 1157, acts Aug. 13, 1946, ch. 957, title IX, §942, 60 Stat. 1029; July 28, 1956, ch. 770, §14, 70 Stat. 706; Sept. 4, 1961, Pub. L. 87–195, pt. IV, §708(5), 75 Stat. 464; Oct. 7, 1978, Pub. L. 95–426, title I, §113(a)(1), 92 Stat. 968, related to payment of expenses for travel for medical purposes.
Section 1158, acts Aug. 13, 1946, ch. 957, title IX, §943, 60 Stat. 1029; Apr. 5, 1955, ch. 23, §12, 69 Stat. 27; July 28, 1956, ch. 770, §15, 70 Stat. 707, related to physical examinations and inoculations.
Section 1159, act Aug. 13, 1946, ch. 957, title IX, §944, as added Dec. 23, 1967, Pub. L. 90–221, §2, 81 Stat. 671, related to authority to provide medical services beyond date of death or separation of officer or employee.
Section 1160, act Aug. 13, 1946, ch. 957, title IX, §945, as added Oct. 7, 1978, Pub. L. 95–426, title I, §113(a)(2), 92 Stat. 968, related to establishment and provision of medical treatment and health care facilities.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
SUBCHAPTER X—POWERS, DUTIES, AND LIABILITIES OF CONSULAR OFFICERS GENERALLY
§§1171 to 1195. Transferred
Editorial Notes
Codification
Section 1171, R.S. §1689, which related to general application of provisions to consular officers, was transferred to section 4191 of this title.
Section 1172, R.S. §4082, which related to solemnization of marriages, was transferred to section 4192 of this title and subsequently repealed.
Section 1173, R.S. §1707; June 25, 1948, ch. 646, §39, 62 Stat. 992, which related to receipt by consuls and vice consuls of protests, was transferred to section 4193 of this title.
Section 1174, R.S. §1708; Feb. 14, 1903, ch. 552, §10, 32 Stat. 829, which related to lists and returns of seamen and vessels, etc., was transferred to section 4194 of this title.
Section 1175, R.S. §1709; Mar. 3, 1911, ch. 223, 36 Stat. 1083; June 10, 1921, ch. 18, §304, 42 Stat. 24; July 12, 1940, ch. 618, 54 Stat. 758, which related to estates of decedents generally and to General Accounting Office as conservator, was transferred to section 4195 of this title and subsequently repealed.
Section 1176, R.S. §1710; July 12, 1940, ch. 618, 54 Stat. 760, which related to notification of death of decedent and transmission of inventory of effects of decedent, was transferred to section 4196 of this title.
Section 1177, R.S. §1711; July 12, 1940, ch. 618, 54 Stat. 760, which related to a consular or diplomatic officer following testamentary directions and assistance to a testamentary appointee, was transferred to section 4197 of this title.
Section 1178, act June 30, 1902, ch. 1331, §1, 32 Stat. 546, which related to execution of a bond as administrator or guardian and to an action on bond, was transferred to section 4198 of this title.
Section 1179, act June 30, 1902, ch. 1331, §2, 32 Stat. 547, which related to penalty for failure to give bond and for embezzlement, was transferred to section 4199 of this title.
Section 1180, R.S. §1715, which related to certification by consular officers of invoices generally, was transferred to section 4200 of this title.
Section 1181, 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 1182, R.S. §1716, which related to exaction of excessive fees for verification of invoices and penalty therefor, was transferred to section 4202 of this title.
Section 1183, 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 1184, R.S. §1717, which provided for a restriction as to a certificate for goods from countries adjacent to United States, was transferred to section 4204 of this title.
Section 1185, 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 1186, act June 26, 1884, ch. 121, §12, 23 Stat. 56, which related to prohibition of fees for services to American vessels or seamen, was transferred to section 4206 of this title.
Section 1187, R.S. §1719; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, which related to prohibition of profits from dealings with discharged seamen, was transferred to section 4207 of this title.
Section 1188, R.S. §1722; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, which related to valuation of foreign coins in payment of fees, was transferred to section 4208 of this title.
Section 1189, R.S. §1723, which related to exaction of excessive fees and a penalty therefor of treble amount, was transferred to section 4209 of this title.
Section 1190, R.S. §1724; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, which related to liability for uncollected fees, was transferred to section 4210 of this title.
Section 1191, R.S. §1725; July 31, 1894, ch. 174, §5, 28 Stat. 206; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100; June 10, 1921, ch. 18, §304, 42 Stat. 24, which related to returns as to fees by officers compensated by fees, was transferred to section 4211 of this title.
Section 1192, R.S. §§1726, 1727, which related to receipts for fees and numbering of receipts, was transferred to section 4212 of this title.
Section 1193, R.S. §1727, which related to registry of fees, was transferred to section 4213 of this title.
Section 1194, R.S. §1728; June 28, 1955, ch. 196, 69 Stat. 187, which related to accounting of fees and certification of a transcript of register, was transferred to section 4214 of this title.
Section 1195, act Apr. 5, 1906, ch. 1366, §7, 34 Stat. 101, which related to notarial acts, oaths, affirmations, affidavits, and depositions and fees therefor, was transferred to section 4215 of this title.
§1196. Repealed. June 28, 1955, ch. 196, 69 Stat. 187
Section, acts Apr. 5, 1906, ch. 1366, §10, 34 Stat. 102; May 24, 1924, ch. 182, §11, 43 Stat. 142, required consular officers to affix official fee stamps to documents in the performance of any consular or notarial act.
§§1197, 1198. Transferred
Editorial Notes
Codification
Section 1197, R.S. §1731, which related to posting rates of fees, was transferred to section 4216 of this title.
Section 1198, R.S. §1734; Dec. 21, 1898, ch. 36, §3, 30 Stat. 771, which related to embezzlement of fees or of effects of American citizens, was transferred to section 4217 of this title.
§1199. Repealed. Pub. L. 95–105, title I, §111(a)(1), Aug. 17, 1977, 91 Stat. 848
Section, R.S. §§1735, 1736; acts Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100; June 6, 1972, Pub. L. 92–310, title II, §227(a), 86 Stat. 207, related to liability of consular officers for neglect of duty or for malfeasance.
Statutory Notes and Related Subsidiaries
Pending Actions
Pub. L. 95–105, title I, §111(b), Aug. 17, 1977, 91 Stat. 848, provided that: "The repeals made by subsection (a) [repealing this section] shall not affect suits commenced before the date of enactment of this Act [Aug. 17, 1977]."
§§1200 to 1204. Transferred
Editorial Notes
Codification
Section 1200, R.S. §1737; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, which related to penalty for a false certificate as to ownership of property, was transferred to section 4218 of this title.
Section 1201, R.S. §1745; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, which related to regulation of fees by President, was transferred to section 4219 of this title.
Section 1202, R.S. §1746, which related to medium for payment of fees, was transferred to section 4220 of this title.
Section 1203, R.S. §1750; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100, which related to depositions and notarial acts and to perjury and other offenses, was transferred to section 4221 of this title.
Section 1204, act June 26, 1936, ch. 640, §6A, as added June 25, 1938, ch. 682, 52 Stat. 1163, which related to authentication of documents of State of Vatican City by consular officer in Rome, was transferred to section 4222 of this title.
CHAPTER 14A—FOREIGN SERVICE INFORMATION OFFICERS CORPS
§§1221 to 1234. Repealed. Pub. L. 96–465, title II, §2205(6), Oct. 17, 1980, 94 Stat. 2160
Section 1221, Pub. L. 90–494, §1, Aug. 20, 1968, 82 Stat. 810; Pub. L. 95–426, title II, §204(b)(1), Oct. 7, 1978, 92 Stat. 973, related to establishment of a category of officers of United States Information Agency known as Foreign Service information officers.
Section 1222, Pub. L. 90–494, §2, Aug. 20, 1968, 82 Stat. 810; Pub. L. 95–426, title II, §204(b)(1), Oct. 7, 1978, 92 Stat. 973, related to Congressional statement of policy with respect to Foreign Service Information Officer Corps.
Section 1223, Pub. L. 90–494, §3, Aug. 20, 1968, 82 Stat. 810, related to Congressional statement of purpose with respect to Foreign Service Information Officer Corps.
Section 1224, Pub. L. 90–494, §4, Aug. 20, 1968, 82 Stat. 811; Pub. L. 95–426, title II, §204(b)(2), Oct. 7, 1978, 92 Stat. 973, related to authority of Director of United States Information Agency. See section 3922 of this title.
Section 1225, Pub. L. 90–494, §5, Aug. 20, 1968, 82 Stat. 811, related to policies and regulations of Foreign Service information officer personnel system and the Foreign Service officer personnel system. See sections 3923 and 3925 of this title.
Section 1226, Pub. L. 90–494, §6, Aug. 20, 1968, 82 Stat. 811, related to appointment and assignment of Foreign Service information officers.
Section 1227, Pub. L. 90–494, §7, Aug. 20, 1968, 82 Stat. 811, related to promotion of Foreign Service information officers.
Section 1228, Pub. L. 90–494, §8, Aug. 20, 1968, 82 Stat. 812, related to separation and retirement of Foreign Service information officers.
Section 1229, Pub. L. 90–494, §9, Aug. 20, 1968, 82 Stat. 812; Pub. L. 94–350, title V, §522(d), July 12, 1976, 90 Stat. 847, related to participation in Foreign Service retirement and disability system. See section 4043 of this title.
Section 1230, Pub. L. 90–494, §10, Aug. 20, 1968, 82 Stat. 812; Pub. L. 95–426, title II, §204(b)(3), Oct. 7, 1978, 92 Stat. 974, related to applicability of other statutory provisions.
Section 1231, Pub. L. 90–494, §11, Aug. 20, 1968, 82 Stat. 813; Pub. L. 95–426, title II, §204(b)(4), Oct. 7, 1978, 92 Stat. 974, related to commissioning and assignment as diplomatic and consular officers. See section 3952 of this title.
Section 1232, Pub. L. 90–494, §12, Aug. 20, 1968, 82 Stat. 813; Pub. L. 95–426, title II, §204(b)(1), Oct. 7, 1978, 92 Stat. 973, defined terms applicable to former provisions of chapter.
Section 1233, Pub. L. 90–494, §13, Aug. 20, 1968, 82 Stat. 813, related to transfer of Agency Foreign Service officers to Foreign Service information officer status.
Section 1234, Pub. L. 90–494, §14, Aug. 20, 1968, 82 Stat. 813, related to veterans' preference. See section 3941 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
CHAPTER 15—THE REPUBLIC OF THE PHILIPPINES
SUBCHAPTER I—LAWS AND OBLIGATIONS OF UNITED STATES
Part 1—Customs Duties
Part 2—Quotas
Part 3—Internal Taxes
Part 4—Immigration
SUBCHAPTER II—OBLIGATIONS OF PHILIPPINES
Part 1—Purposes
Part 2—Customs Duties
Part 3—Internal Taxes
Part 4—Immigration
Part 5—General Provisions
SUBCHAPTER III—EXECUTIVE AGREEMENT BETWEEN UNITED STATES AND PHILIPPINES
SUBCHAPTER IV—GENERAL PROVISIONS RELATING TO TRADE RELATIONS
SUBCHAPTER IV–A—TRADE RELATIONS UNDER REVISED AGREEMENT
SUBCHAPTER V—PROPERTY RETAINED BY THE UNITED STATES
SUBCHAPTER VI—MISCELLANEOUS PROVISIONS
SUBCHAPTER I—LAWS AND OBLIGATIONS OF UNITED STATES
Part 1—Customs Duties
§§1251 to 1255. Omitted
Editorial Notes
Codification
Section 1251, act Apr. 30, 1946, ch. 244, title II, §201, 60 Stat. 143, provided for entry of Philippine articles into the United States, between May 1, 1946 and July 3, 1954, free of ordinary customs duty.
Section 1252, act Apr. 30, 1946, ch. 244, title II, §202, 60 Stat. 143. Subsec. (a), related to ordinary customs duties on Philippine articles between July 4, 1954 and July 3, 1974. Subsec. (b), which related to ordinary customs duties on Philippine articles for the period after July 3, 1974, was omitted on authority of former section 1345 of this title which nullified subchapter I of this chapter upon the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Section 1253, act Apr. 30, 1946, ch. 244, title II, §203, 60 Stat. 144, related to customs duties on Philippines articles other than ordinary customs duties. See note above for section 1252(b) of this title.
Section 1254, act Apr. 30, 1946, ch. 244, title II, §204, 60 Stat. 144, related to equality in special import duties. See note above for section 1252(b) of this title.
Section 1255, act Apr. 30, 1946, ch. 244, title II, §205, 60 Stat. 144, related to equality in duties for products of the Philippines which did not come within the definition of Philippine articles. See note above for section 1252(b) of this title.
Statutory Notes and Related Subsidiaries
Extension of Duty-Free Period Until December 31, 1955
Act July 5, 1954, ch. 459, 68 Stat. 448, provided that the duty-free treatment of this section was to be applied in lieu of section 1252(a)(1), (2) of this title for Philippine articles entered or withdrawn from United States warehouses for consumption during periods between July 3, 1954 and December 31, 1955 provided the President declared by proclamation that such period was one in which United States articles were admitted into the Philippines free of ordinary customs duties.
Executive Documents
Proc. No. 3060. Extension of the Period of Duty-Free Treatment
Proc. No. 3060, July 10, 1954, 19 F.R. 4397, provided that United States articles entered or withdrawn from warehouse in the Philippines for consumption, during the period from July 4, 1954 to December 31, 1955, be admitted into the Philippines free from ordinary customs duty.
Part 2—Quotas
§§1261 to 1266. Omitted
Editorial Notes
Codification
Section 1261, act Apr. 30, 1946, ch. 244, title II, §211, 60 Stat. 144, related to amount and allocation of quotas for refined and unrefined Philippine sugar, between the period Jan. 1, 1946 and July 3, 1974.
Section 1262, act Apr. 30, 1946, ch. 244, title II, §212, 60 Stat. 145, related to amount and allocation of quotas for Philippine cordage, between the period Jan. 1, 1946 and July 3, 1974.
Section 1263, act Apr. 30, 1946, ch. 244, title II, §213, 60 Stat. 145, related to quota on Philippine rice, between the period Jan. 1, 1946 and July 3, 1974.
Section 1264, act Apr. 30, 1946, ch. 244, title II, §214, 60 Stat. 146, related to duty-free quotas on cigars, scrap tobacco, coconut oil and buttons of pearl or shell, between the period Jan. 1, 1946 and July 3, 1974.
Section 1265, act Apr. 30, 1946, ch. 244, title II, §215, 60 Stat. 147, which related to enactment of laws and regulations necessary to put into effect allocations of quotas, was omitted on authority of former section 1345 of this title which nullified subchapter I of this chapter upon expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Section 1266, act Apr. 30, 1946, ch. 244, title II, §216, 60 Stat. 147, related to transfers and assignments of quota allotments. See note above for section 1265 of this title.
Part 3—Internal Taxes
§§1271 to 1274. Omitted
Editorial Notes
Codification
Section 1271, act Apr. 30, 1946, ch. 244, title II, §221, 60 Stat. 147, which related to equality in internal taxes for Philippine products coming into the United States, was omitted on authority of former section 1345 of this title which nullified subchapter I of this chapter upon expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Section 1272, act Apr. 30, 1946, ch. 244, title II, §222, 60 Stat. 148, related to exemption from tax of manila fiber. See note above for section 1271 of this title.
Section 1273, act Apr. 30, 1946, ch. 244, title II, §223, 60 Stat. 148, prohibited export taxes by the United States on articles exported to the Philippines. See note above for section 1271 of this title.
Section 1274, act Apr. 30, 1946, ch. 244, title II, §224, 60 Stat. 148, provided an exemption from taxes for articles for official use of the Philippine Government. See note above for section 1271 of this title.
Part 4—Immigration
§1281. Omitted
Editorial Notes
Codification
Section, act Apr. 30, 1946, ch. 244, title II, §231, 60 Stat. 148, which provided that certain Philippine citizens be granted non-quota status, was omitted on authority of former section 1345 of this title which nullified subchapter I of this chapter upon the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Statutory Notes and Related Subsidiaries
Philippine Traders as Nonimmigrants
Philippine traders as classifiable as nonimmigrants, see section 1184a of Title 8, Aliens and Nationality.
Executive Documents
Proc. No. 2696. Immigration Quota
Proc. No. 2696, July 4, 1946, 11 F.R. 7517, 60 Stat. 1353, provided:
The annual quota for the Philippine Islands effective July 4, 1946, for the remainder of the fiscal year ending June 30, 1947, and for each fiscal year thereafter, has been determined in accordance with the law to be, and shall be, 100.
The immigration quota of 50 authorized by section 8(a)(1) of the Act approved March 24, 1934, entitled "An Act to provide for the complete independence of the Philippine Islands, to provide for the adoption of a constitution and a form of government for the Philippine Islands, and for other purposes" (48 Stat. 462; 53 Stat. 1230; section 1238 of Title 48, Territories and Insular Possessions), which Act was accepted by concurrent resolution of the Philippine Legislature on May 1, 1934, and which became effective on that date, will become inoperative on July 4, 1946, the date the Government of the United States recognizes the independence of the Philippine Islands as a separate and self-governing nation.
The immigration quota assigned to the Philippine Islands is designed solely for purposes of compliance with the pertinent provisions of the Immigration Act of 1924 [section 145 et seq. of Title 8, Aliens and Nationality] and is not to be regarded as having any significance extraneous to this subject.
§1281a. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(35), 666 Stat. 279
Section, act Mar. 24, 1934, ch. 84, §14, 48 Stat. 464, related to immigration after independence. See section 1151 et seq. of Title 8, Aliens and Nationality.
SUBCHAPTER II—OBLIGATIONS OF PHILIPPINES
Part 1—Purposes
§1291. Omitted
Editorial Notes
Codification
Section, act Apr. 30, 1946, ch. 244, title III, §301, 60 Stat. 148, which stated the purposes of this subchapter, was omitted on authority of subsec. (b)(1) of this section which provided that this subchapter be effective until the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Part 2—Customs Duties
§§1301 to 1305. Omitted
Editorial Notes
Codification
Section 1301, act Apr. 30, 1946, ch. 244, title III, §311, 60 Stat. 149, provided for entry of United States articles into Philippines, between May 1, 1946, and July 3, 1954, free of ordinary customs duties.
Section 1302, act Apr. 30, 1946, ch. 244, title III, §312, 60 Stat. 149. Subsec. (a) related to ordinary customs duties on United States articles between July 4, 1954, and July 3, 1974. Subsec. (b), which related ordinary customs duties on United States articles after July 3, 1974, was omitted on authority of section 1291(b)(1) of this title which provided that this subchapter be effective until the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Section 1303, act Apr. 30, 1946, ch. 244, title III, §313, 60 Stat. 149, related to customs duties on United States articles other than ordinary customs duties. See note above for section 1302(b) of this title.
Section 1304, act Apr. 30, 1946, ch. 244, title III, §314, 60 Stat. 150, related to equality in special import duties. See note above for section 1302(b) of this title.
Section 1305, act Apr. 30, 1946, ch. 244, title III, §315, 60 Stat. 150, related to equality in duties for products of the United States which did not come within the definition of United States articles. See note above for section 1302(b) of this title.
Part 3—Internal Taxes
§§1311 to 1313. Omitted
Editorial Notes
Codification
Section 1311, act Apr. 30, 1946, ch. 244, title III, §321, 60 Stat. 150, which related to equality in internal taxes for United States products coming into the Philippines, was omitted on authority of section 1291(b)(1) of this title which provided that this subchapter be effective until the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Section 1312, act Apr. 30, 1946, ch. 244, title III, §322, 60 Stat. 150, prohibited export taxes by the Philippines on articles exported to the United States. See note above for section 1311 of this title.
Section 1313, act Apr. 30, 1946, ch. 244, title III, §323, 60 Stat. 150, provided an exemption from taxes for articles for official use of the United States Government. See note above for section 1311 of this title.
Part 4—Immigration
§§1321, 1322. Omitted
Editorial Notes
Codification
Section 1321, act Apr. 30, 1946, ch. 244, title III, §331, 60 Stat. 151, which provided that certain United States citizens be granted non-quota status, was omitted on authority of section 1291(b)(1) of this title which provided that this subchapter be effective until the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Section 1322, act Apr. 30, 1946, ch. 244, title III, §332, 60 Stat. 151, provided for immigration of United States citizens into the Philippines. See note above for section 1321 of this title.
Part 5—General Provisions
§§1331 to 1334. Omitted
Editorial Notes
Codification
Section 1331, act Apr. 30, 1946, ch. 244, title III, §341, 60 Stat. 151, which related to rights of United States citizens and business enterprises to natural resources in the Philippines, was omitted on authority of section 1291(b)(1) of this title which provided that this subchapter be effective until the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Section 1332, act Apr. 30, 1946, ch. 244, title III, §342, 60 Stat. 151, provided for currency stabilization between the United States and the Philippines. See note above for section 1331 of this title.
Section 1333, acts June 11, 1934, ch. 445, 48 Stat. 929; Aug. 7, 1946, ch. 809, §1, 60 Stat. 901, which related to deposits of and interest on public moneys, terminated on July 1, 1951, under the provisions of section 2 of act Aug. 7, 1946.
Section 1334, act Apr. 30, 1946, ch. 244, title III, §343, 60 Stat. 151, related to allocation of quotas established by sections 1261, 1262, and 1264 of this title. See note above for section 1331 of this title.
SUBCHAPTER III—EXECUTIVE AGREEMENT BETWEEN UNITED STATES AND PHILIPPINES
§§1341 to 1348. Omitted
Editorial Notes
Codification
Section 1341, act Apr. 30, 1946, ch. 244, title IV, §401, 60 Stat. 151, which provided authorization for an executive agreement between United States and Republic of Philippines concerning trade and other related matters, was omitted in view of expiration of revised agreement concerning trade and other related matters which occurred on July 4, 1974.
Section 1342, act Apr. 30, 1946, ch. 244, title IV, §402, 60 Stat. 152, specified obligations of Philippines. See note above for section 1341 of this title.
Section 1343, act Apr. 30, 1946, ch. 244, title IV, §403, 60 Stat. 153, specified obligations of United States. See note above for section 1341 of this title.
Section 1344, act Apr. 30, 1946, ch. 244, title IV, §404, 60 Stat. 153, related to provisions concerning termination of agreement. See note above for section 1341 of this title.
Section 1345, act Apr. 30, 1946, ch. 244, title IV, §405, 60 Stat. 154, provided that upon expiration of agreement the provisions of subchapter I of this chapter shall cease to have effect. See note above for section 1341 of this title.
Section 1346, act Apr. 30, 1946, ch. 244, title IV, §406, 60 Stat. 154, related to interpretation of agreement. See note above for section 1341 of this title.
Section 1347, act Apr. 30, 1946, ch. 244, title IV, §407, 60 Stat. 154, related to termination of authority to make the agreement. See note above for section 1341 of this title.
Section 1348, act Apr. 30, 1946, ch. 244, title IV, §408, 60 Stat. 154, related to effective date of the agreement. See note above for section 1341 of this title.
SUBCHAPTER IV—GENERAL PROVISIONS RELATING TO TRADE RELATIONS
§§1351 to 1353. Omitted
Editorial Notes
Codification
Section 1351, act Apr. 30, 1946, ch. 244, title V, §501, 60 Stat. 155, which related to suspension and termination of trade agreement in case of discrimination, was omitted in view of the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Section 1352, act Apr. 30, 1946, ch. 244, title V, §502, 60 Stat. 155, which related to suspension of provisions of subchapter I of this chapter, was omitted on authority of former section 1345 of this title which nullified subchapter I of this chapter upon the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Section 1353, act Apr. 30, 1946, ch. 244, title V, §503, 60 Stat. 156, related to customs duties on imports from Philippines during period subchapter I of this chapter was in effect. See note above for section 1352 of this title.
§1354. Quotas on Philippine articles
(a) to (c) Omitted
(d) Investigations by International Trade Commission
The United States International Trade Commission shall at the request of the President, upon resolution of either House of Congress or concurrent resolution of both Houses of Congress, upon its own motion, or when in its judgment there is good reason therefor, upon application of any interested party, make an investigation to ascertain (1) whether imports of a Philippine article (other than an article for which a quota is established by part 2 of subchapter I) are coming, or are likely to come, into substantial competition with like articles which are the product of the United States; (2) what is the greatest amount of such article which may be entered, or withdrawn from warehouse, in the United States for consumption, without coming into substantial competition with like articles which are the product of the United States; and (3) the total amount of such article which (during the twelve months ended on the last day of the month preceding the month in which occurs the date of the beginning of the investigation) was entered, or withdrawn from warehouse, in the United States for consumption. During the course of the investigation the Commission shall hold a public hearing, of which reasonable public notice shall be given and at which parties interested shall be afforded reasonable opportunity to be present, to produce evidence, and to be heard. The Commission shall give precedence to such investigations. The Commission shall report the results of its investigations to the President, and shall send copies of such report to each House of the Congress.
(Apr. 30, 1946, ch. 244, title V, §504, 60 Stat. 156; Pub. L. 93–618, title I, §171(b), Jan. 3, 1975, 88 Stat. 2009.)
Suspension of Provisions
Section not applicable during such time as the revised agreement between the United States and the Philippines is in effect, see section 1373 of this title.
Editorial Notes
References in Text
Part 2 of subchapter I, referred to in subsec. (d), was omitted from the Code. See Codification note set out under section 1261 of this title.
Codification
Subsec. (a) of this section, which provided that the President establish quotas on Philippine articles, was omitted on authority of subsec. (c) of this section which provided that no quota so established continue in effect after the expiration of the executive agreement which expiration occurred on July 4, 1974. Subsec. (b) of this section, which provided for the maximum and minimum quotas, was omitted on authority of subsec. (c) of this section. Subsec. (c) provided for the duration of the quotas.
Amendments
1975—Subsec. (d). Pub. L. 93–618 substituted "United States International Trade Commission" for "United States Tariff Commission".
Statutory Notes and Related Subsidiaries
Effective Date
Act Apr. 30, 1946, ch. 244, title V, §512, 60 Stat. 158, provided that: "This Act [enacting subchapters I to IV of this chapter; sections 2470(a)(2) and 2800(a)(4)(B) of the Internal Revenue Code of 1939; and section 734 of Title 48, Territories and Insular Possessions] shall take effect on the day after the date of its enactment [Apr. 30, 1946], except Part 2 of Title II [enacting sections 1261 to 1266 of this title], which shall take effect as of January 1, 1946."
Short Title
Act Apr. 30, 1946, ch. 244, title I, §1, 60 Stat. 141, provided that: "This Act [enacting subchapters I to IV of this chapter, amending section 1393 of this title, sections 2470 and 2800 of the Internal Revenue Code of 1939, and section 734 of Title 48, Territories and Insular Possessions, repealing section 1301 of Title 19, Customs Duties, sections 2476, and 3340 to 3343 of the Internal Revenue Code of 1939, and section 1243 of Title 48] may be cited as the 'Philippine Trade Act of 1946'."
§1355. Suspension of processing tax on coconut oil
Whenever the President, after consultation with the President of the Philippines, finds that adequate supplies of neither copra nor coconut oil, the product of the Philippines, are readily available for processing in the United States, he shall so proclaim, and after the date of such proclamation the provisions of section 2470(a)(2) of the Internal Revenue Code shall be suspended until the expiration of 30 days after he proclaims that, after consultation with the President of the Philippines, he has found that such adequate supplies are so readily available.
(Apr. 30, 1946, ch. 244, title V, §505(b), 60 Stat. 157.)
Suspension of Provisions
Section not applicable during such time as the revised agreement between the United States and the Philippines is in effect, see section 1373 of this title.
Editorial Notes
References in Text
Section 2470(a)(2) of the Internal Revenue Code, referred to in text, is a reference to section 2470(a)(2) of the Internal Revenue Code of 1939. Section 2470 was repealed by section 7851 of the Internal Revenue Code of 1954, Title 26, and was reenacted as sections 4511 and 4513 of Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095. Sections 4511 and 4513 of Title 26 were repealed by Pub. L. 87–456, title III, §302(d), May 24, 1962, 76 Stat. 77, effective Aug. 31, 1963.
Executive Documents
Termination of Suspension of Additional Rate on Coconut Oil
By Proc. No. 2847, July 28, 1949, 14 F.R. 4773, 63 Stat. 1279, the President found that "adequate supplies of copra and coconut oil, the product of the Philippines, are readily available for processing in the United States" and that upon the expiration of 30 days from July 28, 1949, the suspension of the provisions of section 2470(a)(2) of the Internal Revenue Code of 1939 will be terminated.
Suspension Proclamation
By Proc. No. 2693, June 28, 1946, 11 F.R. 7255, 60 Stat. 1349, the President found that "adequate supplies of neither copra nor coconut oil, the product of the Philippines, are readily available for processing in the United States," and therefore the provisions of section 2470(a)(2) of the Internal Revenue Code of 1939 are suspended.
§1356. Termination of payments into Philippine treasury
Notwithstanding the provisions of section 4 of the Act of March 8, 1902 (32 Stat. 54, ch. 140), or of section 19 of the Act of March 24, 1934 (48 Stat. 456, ch. 84), as added to such Act by section 6 of the Act of August 7, 1939 (53 Stat. 1232, ch. 502), or of the Act of November 8, 1945 (59 Stat. 577, ch. 454) or of any other provision of law, the proceeds of any duties or taxes, collected subsequent to July 3, 1946, which but for the enactment of this Act would be required to be paid into the general funds of the Treasury of the Philippines or would be held in separate or special funds and paid into the Treasury of the Philippines, shall be covered into the general fund of the Treasury of the United States.
(Apr. 30, 1946, ch. 244, title V, §506(a), 60 Stat. 157.)
Suspension of Provisions
Section not applicable during such time as the revised agreement between the United States and the Philippines is in effect, see section 1373 of this title.
Editorial Notes
References in Text
Section 4 of the Act of March 8, 1902 (32 Stat. 54, ch. 140), referred to in text, was classified to section 123a of Title 19, Customs Duties, and was transferred to section 3343(b) of the Internal Revenue Code of 1939, and subsequently repealed by act Apr. 30, 1946, ch. 244, title V, §506(b), 60 Stat. 157, eff. July 4, 1946.
Section 19 of the Act of March 24, 1934 (48 Stat. 456, ch. 84), as added to such Act by section 6 of the Act of August 7, 1939 (53 Stat. 1232, ch. 502), referred to in text, was classified to section 1248 of Title 48, Territories and Insular Possessions, which was omitted from the Code.
Act of November 8, 1945 (59 Stat. 577, ch. 454), referred to in text, was classified to section 1249 of Title 48, Territories and Insular Possessions, which was omitted from the Code.
This Act, referred to in text, is act Apr. 30, 1946, ch. 244, 60 Stat. 141, known as the Philippine Trade Act of 1946, which is classified principally to subchapters I to IV of this chapter. Subchapters I, II, and III of this chapter were omitted from the Code. For complete classification of this Act to the Code, see Short Title note set out under section 1354 of this title and Tables.
§1357. Trade agreements with the Philippines
Until July 4, 1974, no trade agreement shall be made with the Philippines under section 1351 of title 19, unless, prior to such time, the President of the United States has made the proclamation provided for in section 1347 of this title, or the executive agreement provided for in subchapter III of this chapter has been terminated.
(Apr. 30, 1946, ch. 244, title V, §508, 60 Stat. 158.)
Suspension of Provisions
Section not applicable during such time as the revised agreement between the United States and the Philippines is in effect, see section 1373 of this title.
Editorial Notes
References in Text
The executive agreement provided for in subchapter III of this chapter, referred to in text, expired July 4, 1974.
§1358. Rights of third countries
The benefits granted by subchapters I to IV of this chapter, and by the executive agreement provided for in subchapter III, to the Philippines, Philippine articles or products, and Philippine citizens, shall not, by reason of any provision of any existing treaty or agreement with any third country, be extended to such country or its products, citizens, or subjects.
(Apr. 30, 1946, ch. 244, title V, §509, 60 Stat. 158.)
Suspension of Provisions
Section not applicable during such time as the revised agreement between the United States and the Philippines is in effect, see section 1373 of this title.
Editorial Notes
References in Text
Subchapters I to IV of this chapter, referred to in text, was in the original "this Act", meaning act Apr. 30, 1946, ch. 244, 60 Stat. 141, known as the Philippine Trade Act of 1946, which is classified principally to subchapters I to IV of this chapter. Subchapters I, II, and III of this chapter were omitted from the Code. For complete classification of this Act to the Code, see Short Title note set out under section 1354 of this title and Tables.
The executive agreement provided for in subchapter III of this chapter, referred to in text, expired July 4, 1974.
§1359. Omitted
Editorial Notes
Codification
Section, act Apr. 30, 1946, ch. 244, title V, §510, 60 Stat. 158, related to administration of subchapter I of this chapter. See Codification note for section 1352 of this title.
§1360. Definitions
(a) For the purposes of subchapters I to IV of this chapter—
(1) The term "person" includes partnerships, corporations, and associations.
(2) The term "United States", when used in a geographical sense, means the States, the District of Columbia, the Territories of Alaska and Hawaii, and Puerto Rico.
(3) The term "ordinary customs duty" means a customs duty based on the article as such (whether or not such duty is also based in any manner on the use, value, or method of production of the article, or on the amount of like articles imported, or on any other factor); but does not include—
(A) a customs duty based on an act or omission of any person with respect to the importation of the article, or of the country from which the article is exported, or from which it comes; or
(B) a countervailing duty imposed to offset a subsidy, bounty, or grant; or
(C) an anti-dumping duty imposed to offset the selling of merchandise for exportation at a price less than the prevailing price in the country of export; or
(D) any tax, fee, charge, or exaction, imposed on or in connection with importation unless the law of the country imposing it designates or imposes it as a customs duty or contains a provision to the effect that it shall be treated as a duty imposed under the customs laws; or
(E) the tax imposed by section 2491(c) of the Internal Revenue Code with respect to an article, merchandise, or combination, 10 per centum or more of the quantity by weight of which consists of, or is derived directly or indirectly from, one or more of the oils, fatty acids, or salts specified in section 2470 of the Internal Revenue Code; or the tax imposed by section 3500 of the Internal Revenue Code.
(4) The term "Philippine article" means an article which is the product of the Philippines, unless, in the case of an article produced with the use of materials imported into the Philippines from any foreign country (except the United States) the aggregate value of such imported materials at the time of importation into the Philippines was more than twenty per centum of the value of the article imported into the United States, the value of such article to be determined in accordance with, and as of the time provided by, the customs laws of the United States in effect at the time of importation of such article. As used in this paragraph the term "value", when used in reference to a material imported into the Philippines, includes the value of the material ascertained under the customs laws of the Philippines in effect at the time of importation into the Philippines, and, if not included in such value, the cost of bringing the material to the Philippines, but does not include the cost of landing it at the port of importation, or customs duties collected in the Philippines. For the purposes of this paragraph any imported material, used in the production of an article in the Philippines, shall be considered as having been used in the production of an article subsequently produced in the Philippines, which is the product of a chain of production in the Philippines in the course of which an article, which is the product of one stage of the chain, is used by its producer or another person, in a subsequent stage of the chain, as a material in the production of another article.
(5) The term "United States article" means an article which is the product of the United States, unless, in the case of an article produced with the use of materials imported into the United States from any foreign country (except the Philippines) the aggregate value of such imported materials at the time of importation into the United States was more than twenty per centum of the value of the article imported into the Philippines, the value of such article to be determined in accordance with, and as of the time provided by, the customs laws of the Philippines in effect at the time of importation of such article. As used in this paragraph the term "value", when used in reference to a material imported into the United States, includes the value of the material ascertained under the customs laws of the United States in effect at the time of importation into the United States, and, if not included in such value, the cost of bringing the material to the United States, but does not include the cost of landing it at the port of importation, or customs duties collected in the United States. For the purposes of this paragraph any imported material, used in the production of an article in the United States, shall be considered as having been used in the production of an article subsequently produced in the United States, which is the product of a chain of production in the United States in the course of which an article, which is the product of one stage of the chain, is used by its producer or another person, in a subsequent stage of the chain, as a material in the production of another article.
(6) The term "United States duty" means the rate or rates of ordinary customs duty which (at the time and place of entry, or withdrawal from warehouse, in the United States for consumption, of the Philippine article) would be applicable to a like article if imported from that foreign country which is entitled to the lowest rate, or the lowest aggregate of rates, of ordinary customs duty with respect to such like article.
(7) The term "Philippine duty" means the rate or rates of ordinary customs duty which (at the time and place of entry, or withdrawal from warehouse, in the Philippines for consumption, of the United States article) would be applicable to a like article if imported from that foreign country which is entitled to the lowest rate, or the lowest aggregate of rates, of ordinary customs duty with respect to such like article.
(8) The term "internal tax" includes an internal fee, charge, or exaction, and includes—
(A) the tax imposed by section 2491(c) of the Internal Revenue Code with respect to an article, merchandise, or combination, 10 per centum or more of the quantity by weight of which consists of, or is derived directly or indirectly from, one or more of the oils, fatty acids, or salts specified in section 2470 of the Internal Revenue Code; and the tax imposed by section 3500 of the Internal Revenue Code; and
(B) any other tax, fee, charge, or exaction, imposed on or in connection with importation unless the law of the country imposing it designates or imposes it as a customs duty or contains a provision to the effect that it shall be treated as a duty imposed under the customs laws.
(b) For the purposes of sections 1271(b) and 1311(b) of this title, any material, used in the production of an article, shall be considered as having been used in the production of an article subsequently produced, which is the product of a chain of production in the course of which an article, which is the product of one stage of the chain, is used by its producer or another person, in a subsequent stage of the chain, as a material in the production of another article.
(c) For the purposes of paragraphs (6) and (7) of subsection (a) of this section—
(1) if an article is entitled to be imported from a foreign country free of ordinary customs duty, that country shall be considered as the country entitled to the lowest rate of ordinary customs duty with respect to such article; and
(2) a reduction in ordinary customs duty granted any country, by law, treaty, trade agreement, or otherwise, with respect to any article, shall be converted into the equivalent reduction in the rate of ordinary customs duty otherwise applicable to such article.
(d) The terms "includes" and "including" when used in a definition contained in subchapters I to IV of this chapter shall not be deemed to exclude other things otherwise within the meaning of the term defined.
(Apr. 30, 1946, ch. 244, title I, §2, 60 Stat. 141.)
Suspension of Provisions
Section not applicable during such time as the revised agreement between the United States and the Philippines is in effect, see section 1373 of this title.
Editorial Notes
References in Text
Subchapters I to IV of this chapter, referred to in subsecs. (a) and (d), was in the original "this Act", meaning act Apr. 30, 1946, ch. 244, 60 Stat. 141, known as the Philippine Trade Act of 1946, which is classified principally to subchapters I to IV of this chapter. Subchapters I, II, and III of this chapter, which include sections 1271 and 1311 of this title, referred to in subsec. (b), were omitted from the Code. For complete classification of this Act to the Code, see Short Title note set out under section 1354 of this title and Tables.
Sections 2470 and 2491(c) of the Internal Revenue Code, referred to in subsec. (a)(3)(E), (8)(A), are references to sections 2470 and 2491(c) of the Internal Revenue Code of 1939, which were repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095. Section 2470 was reenacted as sections 4511 and 4513 of Title 26, and section 2491 was reenacted as part of sections 4581 and 4582 of Title 26. Sections 4511, 4513, 4581, and 4582 of Title 26 were repealed by Pub. L. 87–456, title III, §302(d), May 24, 1962, 76 Stat. 77, effective Aug. 31, 1963.
Section 3500 of the Internal Revenue Code, referred to in subsec. (a)(3)(E), (8)(A), is reference to section 3500 of the Internal Revenue Code of 1939, which was repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095. See section 4501 of Title 26, Internal Revenue Code.
Executive Documents
Admission of Alaska and Hawaii to Statehood
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48.
SUBCHAPTER IV–A—TRADE RELATIONS UNDER REVISED AGREEMENT
§§1371, 1372. Omitted
Editorial Notes
Codification
Section 1371, act Aug. 1, 1955, ch. 438, title I, §2, 69 Stat. 413, which defined revised agreement, was omitted in view of the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974.
Section 1372, act Aug. 1, 1955, ch. 438, title II, §201, 69 Stat. 413, authorized revised agreement. See Codification note for section 1371 of this title.
Statutory Notes and Related Subsidiaries
Revised Agreement Between United States and Philippines
Act Aug. 1, 1955, ch. 438, title II, §201, 69 Stat. 413, provided in part for a revised agreement, accompanied by a protocol, between the United States and the Republic of the Philippines concerning trade and other related matters during a transitional period following the institution of Philippine Independence on July 4, 1946, which agreement by the terms of Article XI thereof, was to have no effect after July 3, 1974.
Modification of Text of Revised Agreement
Act Aug. 1, 1955, ch. 438, title II, §202, 69 Stat. 425, provided that the text of the revised agreement between the United States and the Republic of the Philippines concerning trade and other related matters during a transitional period after Philippine independence was to be modified only to the extent necessary to correct errors or references to laws, to reflect executive or legislative action taken by the Philippines, or merely as changes in style.
Duty-Free Treatment for Scrap Tobacco and Filler Tobacco
Pub. L. 87–47, June 16, 1961, 75 Stat. 92, provided that the duty-free treatment for scrap tobacco and filler tobacco described in item B in the schedule to paragraph 2 of article II of the agreement between the United States and the Republic of the Philippines concerning trade and other related matters during a transitional period after Philippine independence, as revised, was to apply only to articles certified by the Philippines as having been allocated for exportation to the United States free of duty under that paragraph.
§1373. Suspension of Philippine Trade Act of 1946
The Philippine Trade Act of 1946 [22 U.S.C. 1251 et seq.] (except section 506(a) of this title [22 U.S.C. 1356] relating to termination of payments into Philippine Treasury, and except amendments and repeals made by such Act) shall not apply during such time as the revised agreement is in effect.
(Aug. 1, 1955, ch. 438, title III, §302, 69 Stat. 426.)
Editorial Notes
References in Text
The Philippine Trade Act of 1946, referred to in text, is act Apr. 30, 1946, ch. 244, 60 Stat. 141, which is classified principally to subchapters I to IV of this chapter. Subchapters I, II, and III of this chapter were omitted from the Code. For complete classification of this Act to the Code, see Short Title note set out under section 1354 of this title and Tables.
The revised agreement, referred to in text, was set out as a note under section 1371 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Act Aug. 1, 1955, ch. 438, title III, §301(b), 69 Stat. 426, provided that: "The provisions of this title [enacting sections 1373 to 1379 of this title and amending section 734 of Title 48, Territories and Insular Possessions] shall take effect on January 1, 1956, but only if the President of the United States has made the proclamation referred to in subsection (a) [section 1379 of this title]."
Short Title
Act Aug. 1, 1955, ch. 438, title I, §1, 69 Stat. 413, provided that: "This Act [enacting this subchapter and amending section 734 of Title 48, Territories and Insular Possessions] may be cited as the 'Philippine Trade Agreement Revision Act of 1955'."
§§1374 to 1379. Omitted
Editorial Notes
Codification
Section 1374, act Aug. 1, 1955, ch. 438, title III, §303, 69 Stat. 426, related to quotas established by article III of the revised agreement. See Codification note for section 1371 of this title.
Section 1375, act Aug. 1, 1955, ch. 438, title III, §304, 69 Stat. 426, related to suspension of processing tax on coconut oil. See Codification note for section 1371 of this title.
Section 1376, act Aug. 1, 1955, ch. 438, title III, §305, 69 Stat. 426, provided that prior to July 4, 1974, no trade agreement be entered into with Republic of Philippines that would be inconsistent with this subchapter or revised agreement. See Codification note for section 1371 of this title.
Section 1377, act Aug. 1, 1955, ch. 438, title III, §306, 69 Stat. 426, related to rights of third countries to benefits granted Philippines by revised agreement. See Codification note for section 1371 of this title.
Section 1378, act Aug. 1, 1955, ch. 438, title III, §307, 69 Stat. 426, related to administration of revised agreement. See Codification note for section 1371 of this title.
Section 1379, act Aug. 1, 1955, ch. 438, title III, §301(a), 69 Stat. 426, related to effective date of revised agreement. See Codification note for section 1371 of this title.
SUBCHAPTER V—PROPERTY RETAINED BY THE UNITED STATES
§1381. Retention by United States of title to real and personal property
There shall remain vested in the Government of the United States or its agencies or instrumentalities all the right, title, and interest of the said Government or its agencies or instrumentalities to all real and personal property within the Philippine Islands as may now be vested in, or later be acquired by the Government of the United States or any of its agencies or instrumentalities.
(July 3, 1946, ch. 536, §2, 60 Stat. 418.)
Statutory Notes and Related Subsidiaries
Short Title
Act July 3, 1946, ch. 536, §1, 60 Stat. 418, provided that: "This Act [enacting this subchapter] may be cited as the 'Philippine Property Act of 1946'."
§1382. Administration of the Trading With the Enemy Act in Philippines
The Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended, shall continue in force in the Philippines after July 4, 1946, and all powers and authority conferred upon the President of the United States or the Alien Property Custodian by the terms of the said Trading With the Enemy Act, as amended, with respect to the Philippines, shall continue thereafter to be exercised by the President of the United States, or such officer or agency as he may designate: Provided, That all property vested in or transferred to the President of the United States, the Alien Property Custodian, or any such officer or agency as the President of the United States may designate under the Trading With the Enemy Act, as amended, which was located in the Philippines at the time of such vesting, or the proceeds thereof, and which shall remain after the satisfaction of any claim payable under the Trading With the Enemy Act, as amended, and after the payment of such costs and expenses of administration as may by law be charged against such property or proceeds, shall be transferred by the President of the United States to the Republic of the Philippines: Provided further, That such property, or proceeds thereof, may be transferred by the President of the United States to the Republic of the Philippines upon indemnification acceptable to the President of the United States by the Republic of the Philippines for such claims, costs, and expenses of administration as may by law be charged against such property or proceeds thereof before final adjudication of such claims, costs, and expenses of administration: Provided further, That the courts of first instance of the Republic of the Philippines are given jurisdiction to make and enter all such rules as to notice or otherwise, and all such orders and decrees, and to issue such process as may be necessary and proper in the premises to enforce any orders, rules, and regulations issued by the President of the United States, the Alien Property Custodian, or such officer or agency designated by the President of the United States pursuant to the Trading With the Enemy Act, as amended, with such right of appeal therefrom as may be provided by law: And provided further, That any suit authorized under the Trading With the Enemy Act, as amended, with respect to property vested in or transferred to the President of the United States, the Alien Property Custodian, or any officer or agency designated by the President of the United States hereunder, which at the time of such vesting or transfer was located within the Philippines, shall after July 4, 1946, be brought, in the appropriate court of first instance of the Republic of the Philippines, against the officer or agency hereunder designated by the President of the United States with such right of appeal therefrom as may be provided by law, but suits with respect to such property shall after ninety days from December 21, 1950, be brought only in the courts of the United States.
(July 3, 1946, ch. 536, §3, 60 Stat. 418; Dec. 21, 1950, ch. 1144, 64 Stat. 1116.)
Editorial Notes
References in Text
The Trading With the Enemy Act of October 6, 1917, as amended, referred to in text, is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
Amendments
1950—Act Dec. 21, 1950, required that 90 days after Dec. 21, 1950, all suits against the Philippine Alien Property Administration be brought in United States courts instead of in Philippine courts.
Statutory Notes and Related Subsidiaries
Termination of Philippine Alien Property Administration; Transfer of Functions
Act Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 699, provided in part that the Philippine Alien Property Administration cease to exist after June 30, 1951, and all duties performed by such Administration as of that date be transferred to the Office of Alien Property Custodian, including all records, files, and other property.
Executive Documents
Executive Order No. 9789
Ex. Ord. No. 9789, Oct. 14, 1946, 11 F.R. 11981, related to the establishment of the Philippine Alien Property Administration, and was superseded by Ex. Ord. No. 9818, formerly set out below.
Executive Order No. 9818
Ex. Ord. No. 9818, Jan. 7, 1947, 12 F.R. 133, amended Oct. 15, 1949, ch. 695, §5(a), 63 Stat. 880, related to the establishment of the Philippine Alien Property Administration, and was omitted under the authority of Ex. Ord. No. 10254, set out below, which terminated the Administration.
Executive Order No. 9876
Ex. Ord. No. 9876, July 24, 1947, 12 F.R. 4981, authorized the delegation of certain presidential functions to the Philippine Alien Property Administrator and was omitted in view of Ex. Ord. No. 10254, set out below, which terminated the Administration.
Executive Order No. 9921
Ex. Ord. No. 9921, Jan 10, 1948, 13 F.R. 171, authorized the Philippine Alien Property Administrator to transfer certain property to the Republic of the Philippines, and was omitted under the authority of Ex. Ord. No. 10254, set out below, which terminated the Alien Property Administration.
Ex. Ord. No. 10254. Termination of Philippine Alien Property Administration and Transfer of Functions to Department of Justice
Ex. Ord. No. 10254, June 15, 1951, 16 F.R. 5829, provided:
1. The Philippine Alien Property Administration, established by Executive Order No. 9818 of January 7, 1947 [formerly set out as note under this section], is hereby terminated. All authority, rights, privileges, powers, duties, and functions vested in such Administration or in the Philippine Alien Property Administrator or transferred or delegated thereto are hereby vested in or transferred or delegated to the Attorney General, as the case may be, and shall be administered by him or under his direction and control by such officers and agencies of the Department of Justice as he may designate.
2. All property or interests vested in or transferred to the Philippine Alien Property Administration or the Administrator thereof, and all proceeds thereof, which are held or administered by the Philippine Alien Property Administration or the Administrator thereof are hereby transferred to the Attorney General of the United States.
3. All personnel, records, files, furniture, funds, authorizations, equipment, and supplies of the Philippine Alien Property Administration are hereby transferred to the Department of Justice.
4. All necessary expenses incurred in the administration or operation of the functions, duties, authority, rights, privileges, and powers hereby vested in or transferred or delegated to the Attorney General shall be paid, to the extent permitted and in the manner prescribed by law, from funds or property or interests vested in or transferred to the Attorney General by or pursuant to the authority contained in this order, so as to prevent diminution of funds otherwise available for the War Claims Fund under section 39 of the Trading with the Enemy Act, as amended by section 12 of the act of July 3, 1948, 62 Stat. 1246 [50 U.S.C. 4336].
This order shall become effective at the close of business in Washington, D.C., on June 29, 1951, and shall at that time supersede all prior Executive orders to the extent that they are in conflict with this order.
Harry S Truman.
§1383. Transfer of property by President of United States
In respect to property not transferable to the Republic of the Philippines under section 1382 of this title, the President of the United States is authorized, in his discretion and under such terms and conditions as he may deem appropriate, to transfer to the Republic of the Philippines any or all of the right, title, and interest of the Government of the United States or its agencies or instrumentalities to any or all real and personal property vested in such agencies or instrumentalities.
(July 3, 1946, ch. 536, §4, 60 Stat. 419.)
Executive Documents
Ex. Ord. No. 9937. Delegation of President's Authority to Agencies Participating in the Philippine Recovery Program
Ex. Ord. No. 9937, Mar. 20, 1948, 13 F.R. 1503 as amended by act June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380; 1949 Reorg. Plan No. 7, §2, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070; 1950 Reorg. Plan No. 21, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, provided:
By virtue of the authority vested in me by the Constitution and the statutes, and as President of the United States, it is hereby ordered as follows:
The Commissioner of Public Roads of the Department of Commerce, the Chief of Engineers of the United States Army, the Philippine War Damage Commission, the Surgeon General of the Public Health Service of the Federal Security Agency [now the Department of Health and Human Services], the Maritime Administration, the Director of the Fish and Wildlife Service [now the United States Fish and Wildlife Service] of the Department of the Interior, and the Administrator of Civil Aeronautics, the Chief of the Weather Bureau [now the National Weather Service], and the Director of the Coast and Geodetic Survey [now the National Ocean Survey] of the Department of Commerce are hereby authorized, as to their respective agencies, to exercise the authority vested in the President by section 4 of the Philippine Property Act of 1946 (60 Stat. 419) [this section]: Provided, that this authority shall be exercised only with respect to property located in the Philippines in the possession and control of the respective agencies and utilized in carrying out the provisions of Title III of the Philippine Rehabilitation Act of 1946 (60 Stat. 135) [sections 1781 to 1789 of the former Appendix to Title 50, War and National Defense].
§1384. Transfer of shares of corporations owning agricultural lands; consideration; indemnification
Immediately upon passage of this subchapter the Alien Property Custodian of the United States shall enter into an agreement with the President of the Philippines to transfer to the Philippine Government for a nominal cash consideration all shares now vested or hereafter vested by the Alien Property Custodian of corporations owning in fee, leasing, or otherwise operating or controlling agricultural lands in the Philippines, other agricultural lands in the Philippines, vested or hereafter vested by the Alien Property Custodian not included in the foregoing, and improved property in Manila vested or hereafter vested by the Alien Property Custodian which in his judgment is urgently needed for the operation of an administrative agency of the Philippine Government: Provided, That in respect to property transferred under this section to the Philippine Government, it shall be made a part of the agreement that the Philippine Government shall fully indemnify the United States for all claims payable under the Trading With the Enemy Act, as amended [50 U.S.C. 4301 et seq.], and for all such costs and expenses of administration as may by law be charged against such property or proceeds thereof.
(July 3, 1946, ch. 536, §5, 60 Stat. 419.)
Editorial Notes
References in Text
The Trading With the Enemy Act, as amended, referred to in text, is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
§1385. Ownership of naval reservations, diplomatic property, etc., unaffected
Nothing contained in this subchapter shall be construed as amending the provisions of the Act of March 24, 1934 (48 Stat. 456), as amended, respecting naval reservations and fueling stations, and diplomatic or consular property, and the property of the High Commissioner to the Philippine Islands, nor as amending the provisions of section 1392 of this title, respecting bases for the mutual protection of the Philippine Islands and the United States.
(July 3, 1946, ch. 536, §6, 60 Stat. 419.)
Editorial Notes
References in Text
Act of March 24, 1934, as amended, referred to in text, is act Mar. 24, 1934, ch. 84, 48 Stat. 456, which enacted sections 1281a, 1391, 1393 to 1395 of this title, and section 1248 of Title 48, Territories and Insular Possessions, amended sections 1231 to 1234, 1237, 1238, 1239, 1241 to 1243, 1245, and 1247, of Title 48, and enacted a provision set out as a note under section 1391 of this title. For complete classification of this Act to the Code, see Tables.
§1386. Definitions
For the purposes of this subchapter the term "Philippine Government" shall mean "Government of the Commonwealth of the Philippines" until the date of independence, and thereafter it shall mean the "Government of the Republic of the Philippines".
(July 3, 1946, ch. 536, §7, 60 Stat. 420.)
Editorial Notes
References in Text
Date of independence, referred to in text, was July 4, 1946 as recognized by 1946 Proc. No. 2695, eff. July 4, 1946, set out as a note under section 1394 of this title.
SUBCHAPTER VI—MISCELLANEOUS PROVISIONS
§1391. Transfer of property and rights to Philippine Commonwealth
All the property and rights which may have been acquired in the Philippine Islands by the United States under the treaties mentioned in the first section of this Act, except such land or other property as has heretofore been designated by the President of the United States for Military and other reservations of the Government of the United States, and except such land or other property or rights or interests therein as may have been sold or otherwise disposed of in accordance with law, are granted to the government of the Commonwealth of the Philippine Islands when constituted.
(Mar. 24, 1934, ch. 84, §5, 48 Stat. 459.)
Editorial Notes
References in Text
Treaties mentioned in the first section of this Act, referred to in text, were treaty of peace between the United States and Spain of December 10, 1898, and treaty between Spain and the United States concluded at Washington, Nov. 7, 1900.
The first section of this Act, referred to in text, is section 1 of act Mar. 24, 1934, which was classified to section 1231 of Title 48, Territories and Insular Possessions, and was omitted from the Code.
Since their independence, the Philippine Islands have been a republic, and are no longer designated as a "Commonwealth", referred to in text. See note below.
Prior Provisions
Provisions similar to those in this section were contained in act Jan. 17, 1933, ch. 11, §5, 47 Stat. 764.
Statutory Notes and Related Subsidiaries
Separability
Act Mar. 24, 1934, ch. 84, §16, 48 Stat. 464, provided: "If any provision of this Act [enacting this section and sections 1281a, 1393 to 1395 of this title, amending sections 1231 to 1234, 1237 to 1239, 1241 to 1243, 1245, 1247, and 1248 of Title 48, Territories and Insular Possessions] is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of the act and the applicability of such provisions and circumstances shall not be affected thereby."
Executive Documents
Philippine Independence
Philippine Islands granted independence by Proc. No. 2695, which is set out as a note under section 1394 of this title.
§1392. Acquisition of military and naval bases by United States
After negotiation with the President of the Commonwealth of the Philippines, or the President of the Filipino Republic, the President of the United States is authorized by such means as he finds appropriate to withhold or to acquire and to retain such bases, necessary appurtenances to such bases, and the rights incident thereto, in addition to any provided for by the Act of March 24, 1934, as he may deem necessary for the mutual protection of the Philippine Islands and of the United States.
(June 29, 1944, ch. 322, §2, 58 Stat. 626.)
Editorial Notes
References in Text
Act of March 24, 1934, referred to in text, is act Mar. 24, 1934, ch. 84, 48 Stat. 456, which enacted sections 1281a, 1391, 1393 to 1395 of this title, and section 1248 of Title 48, Territories and Insular Possessions, amended sections 1231 to 1234, 1237, 1238, 1239, 1241 to 1243, 1245, and 1247 of Title 48, and enacted a provision set out as a note under section 1391 of this title. For complete classification of this Act to the Code, see Tables.
Executive Documents
Philippine Independence
Philippine Islands granted independence by Proc. No. 2695, which is set out as a note under section 1394 of this title, and they now constitute a republic.
§1393. Supplementary sinking fund for bond payments; purchase of bonds by United States; creation of special trust account
(a) to (f). Repealed. Apr. 30, 1946, ch. 244, title V, §511(2), 60 Stat. 158.
(g)(1) The Philippine Government shall pay to the Secretary of the Treasury of the United States, at the end of each calendar quarter, all of the moneys received during such quarter from export taxes (less refunds), imposed and collected in accordance with the provisions of this section, and said moneys shall be deposited in an account with the Treasurer of the United States and shall constitute a supplementary sinking fund for the payment of bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress: Provided, however, That moneys received from any export tax imposed on any article which is shipped from the Philippines to the United States prior to July 4, 1946, and which is entered, or withdrawn from warehouse for consumption, on or after July 4, 1946, shall be refunded by the independent Government of the Philippines.
(2) The said Secretary of the Treasury is authorized to accept the deposits of the proceeds of the export taxes referred to in subdivision (1) of this subsection in accordance with section 1333 1 of this title.
(3) The Secretary of the Treasury of the United States, with the approval of the Philippine Government, is authorized to purchase with such supplementary sinking-fund bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress and to invest such fund in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Whenever the Secretary of the Treasurer 2 finds that such fund is in excess of an amount adequate to meet future interest and principal payments on all such bonds, he may, with the approval of the Philippine Government, purchase with such excess any other bonds of the Philippines, its Provinces, cities, municipalities, and instrumentalities. For the purpose of this subsection obligations may be acquired on original issue at par, or by purchase of outstanding obligations at the market price. Any obligations acquired by the fund may, with the approval of the Philippine Government, be sold by the Secretary of the Treasury at the market price and the proceeds of such sale and the proceeds of the payment upon maturity or redemption of any obligations held in the supplementary sinking fund, as well as all moneys in any manner earned by such fund or on any obligations acquired by said fund, shall be paid into the said fund.
(4) During the three months preceding July 4, 1946, the Philippine Government and the Secretary of the Treasury of the United States shall confer to ascertain that portion of the bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress, which will remain outstanding on July 4, 1946; and the Philippine Government shall turn over to the Secretary of the Treasury of the United States for destruction all such bonds that are then held, canceled, or uncanceled, in any of the sinking funds maintained for the payment of such bonds. After such outstanding portion of this indebtedness is thus determined, and before July 4, 1946, (i) there shall be set up with the Treasurer of the United States a special trust account in the name of the Secretary of the Treasury of the United States to pay future interest and principal payments on such bonds; (ii) the Philippine Government shall pay to the Secretary of the Treasury of the United States for deposit in this special trust account all of the sinking funds maintained for the payment of such bonds; and (iii) the Secretary of the Treasury of the United States shall transfer into this special trust account all of the proceeds of the supplementary sinking fund referred to in subdivision (1) of this subsection. Any portion of such special trust account found by the Secretary of the Treasury of the United States on July 4, 1946, to be in excess of an amount adequate to meet future interest and principal payments on all such outstanding bonds shall be turned over to the Treasury of the independent Government of the Philippines to be set up as an additional sinking fund to be used for the purpose of liquidating and paying all other obligations of the Philippines, its Provinces, cities, municipalities, and instrumentalities. To the extent that such special trust account is determined by the Secretary of the Treasury of the United States to be insufficient to pay interest and principal on the outstanding bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress, the Philippine Government shall, on or before July 3, 1946, pay to the Secretary of the Treasury of the United States for deposit in such special trust account an amount which said Secretary of the Treasury determines is required to assure payment of principal and interest on such bonds: Provided, however, That if the Secretary of the Treasury of the United States finds that this requirement would impose an undue hardship upon the Philippines, then the Philippine Government shall continue to provide annually the necessary funds for the payment of interest and principal on such bonds until such time as the Secretary of the Treasury of the United States determines that the amount in the special trust account is adequate to meet interest and principal payments on such bonds.
(5) On and after July 4, 1946, the Secretary of the Treasury of the United States is authorized, with the approval of the independent Government of the Philippines, to purchase at the market price for the special trust account bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress. The Secretary of the Treasury of the United States is also authorized, with the approval of the independent Government of the Philippines, to invest all or any part of such special trust account in any interest-bearing obligations of the United States or in any obligations guaranteed as to both principal and interest by the United States. Such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price, and any obligations acquired by the special trust account may, with the approval of the independent Government of the Philippines, be sold by the Secretary of the Treasury at the market price, and the proceeds of the payment upon maturity or redemption of such obligations shall be held as a part of such special trust account. Whenever the special trust account is determined by the Secretary of the Treasury of the United States to be adequate to meet interest and principal payments on all outstanding bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress, the Secretary of the Treasury is authorized to pay from such trust account the principal of such outstanding bonds and to pay all interest due and owing on such bonds. All such bonds and interest coupons paid or purchased by the special trust account shall be canceled and destroyed by the Secretary of the Treasury of the United States. From time to time after July 4, 1946, any moneys in such special trust account found by the Secretary of the Treasury of the United States to be in excess of an amount adequate to meet interest and principal payments on all such bonds shall be turned over to the treasurer of the independent Government of the Philippines.
(Mar. 24, 1934, ch. 84, §6, 48 Stat. 459; Aug. 7, 1939, ch. 502, §1, 53 Stat. 1226; Apr. 30, 1946, ch. 244, title V, §511(2), 60 Stat. 158; Pub. L. 86–346, title I, §104(1), Sept. 22, 1959, 73 Stat. 622.)
Editorial Notes
References in Text
Section 1333 of this title, referred to in subsec. (g)(2), was omitted from the Code.
Prior Provisions
Similar provisions were contained in act Jan. 17, 1933, ch. 11, §6, 47 Stat. 764.
Amendments
1959—Subsec. (g)(5). Pub. L. 86–346 substituted "on original issue at the issue price" for "on original issue at par".
1946—Act Apr. 30, 1946, repealed opening par. and subsecs. (a) to (f), (h) relating to relations with the United States pending complete independence, and trade relations.
1939—Act Aug. 7, 1939, amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 1946 Amendment
Amendment by act Apr. 30, 1946 effective May 1, 1946, see section 512 of act Apr. 30, 1946, set out as an Effective Date note under section 1354 of this title.
Termination of Acceptance of Deposits of Export Taxes
Authority of Secretary of the Treasury to accept deposits of proceeds of export taxes in accordance with section 1333 of this title terminated on July 1, 1951, under the provisions of act Aug. 7, 1946, ch. 809, §2, 60 Stat. 901.
1 See References in Text note below.
2 So in original. Probably should be "Treasury".
§1394. Recognition of Philippine independence
(a) Withdrawal of American sovereignty
On the 4th day of July immediately following the expiration of a period of ten years from the date of the inauguration of the new government under the constitution provided for in this Act, the President of the United States shall by proclamation withdraw and surrender all right of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States in and over the territory and people of the Philippine Islands, including all military and other reservations of the Government of the United States in the Philippines (except such naval reservations and fueling stations as are reserved under section 1391 of this title), and, on behalf of the United States, shall recognize the independence of the Philippine Islands as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution then in force.
(b) Naval reservations and fueling stations
The President of the United States is authorized and empowered to enter into negotiations with the government of the Philippine Islands, not later than two years after his proclamation recognizing the independence of the Philippine Islands, for the adjustment and settlement of all questions relating to naval reservations and fueling stations of the United States in the Philippine Islands, and pending such adjustment and settlement the matter of naval reservations and fueling stations shall remain in its present status.
(c) Property for diplomatic purposes
(1) Whenever the President of the United States shall find that any properties in the Philippines, owned by the Philippine Government or by private persons, would be suitable for diplomatic or consular establishments of the United States after the inauguration of the independent Government, he may, with the approval of the Philippine Government, and in exchange for the conveyance of title to the United States, transfer to the said Government or private persons any properties of the United States in the Philippines. Title to any properties so transferred to private persons, and title to any properties so acquired by the United States, shall be vested in fee simple in such persons and the United States, respectively, notwithstanding the provisions contained in subsection (a) of this section.
(2) Whenever, prior to July 4, 1946, the President of the United States shall find that any properties of the United States in the Philippines would be suitable for diplomatic and consular establishments of the United States after the inauguration of the independent Government, he shall designate the same by the issuance of a proclamation or proclamations, and title to any properties so designated shall continue to be vested in fee simple in the United States notwithstanding the provisions contained in subsection (a) of this section.
(3) Title to the lands and buildings pertaining to the official residences of the United States High Commissioner to the Philippine Islands in the cities of Manila and Baguio, together with all fixtures and movable objects, shall continue to be vested in the United States after July 4, 1946, notwithstanding the provisions contained in subsection (a) of this section.
(4) Administrative supervision and control over any properties acquired or designated by the President of the United States pursuant to this subsection, and over the official residences in the Philippines of the High Commissioner, shall, on and after July 4, 1946, be exercised by the Secretary of State, in accordance with Acts of Congress relating to property held by the United States in foreign countries for official establishments.
(Mar. 24, 1934, ch. 84, §10, 48 Stat. 463; Aug. 7, 1939, ch. 502, §3, 53 Stat. 1230.)
Editorial Notes
References in Text
This Act, referred to in subsec. (a), is act Mar. 24, 1934, ch. 84, 48 Stat. 456, which enacted sections 1281a, 1391, 1393 to 1395 of this title, and section 1248 of Title 48, Territories and Insular Possessions, amended sections 1231 to 1234, 1237, 1238, 1239, 1241 to 1243, 1245, and 1247 of Title 48, and enacted a provision set out as a note under section 1391 of this title. For complete classification of this Act to the Code, see Tables.
Prior Provisions
Provisions similar to those contained in subsec. (a) of this section were contained in the first par. of section 10 of act Jan. 17, 1933, ch. 11, 47 Stat. 768.
Amendments
1939—Subsec. (c). Act Aug. 7, 1939, added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1939 Amendment
Act Aug. 7, 1939, ch. 502, §7, 53 Stat. 1233, provided that act Aug. 7, 1939, should become effective on Jan. 1, 1940, if certain conditions were fulfilled. The conditions were fulfilled and section became effective on said date.
Independence Date Advanced
Act June 29, 1944, ch. 322, §3, 58 Stat. 626, provided in part that date of independence could be advanced prior to July 4, 1946, but it was not done.
Executive Documents
Proc. No. 2695. Philippine Independence
Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, provided in part:
The United States of America hereby withdraws and surrenders all rights of possession, supervision, jurisdiction, control, or sovereignty now existing and exercised by the United States of America in and over the territory and people of the Philippines; and,
On behalf of the United States of America, I do hereby recognize the independence of the Philippines as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution now in force.
Harry S. Truman
§1395. Definitions
(a) As used in sections 1393 and 1394 of this title—
(1) The term "United States", when used in a geographical sense, but not the term "continental United States", includes all Territories and possessions of the United States, other than the Philippines.
(2) The term "cordage" includes yarns, twines (including binding twine described in paragraph 1622 1 of section 1201 of title 19), cords, cordage, rope and cable, tarred or untarred, wholly or in chief value of manila (abaca) or other hard fiber.
(3) The term "Philippine Government" means the Government of the Commonwealth of the Philippines.
(4) The term "United States duty", when used in connection with the computation of export taxes, means the lowest rate of ordinary customs duty in effect at the time of the shipment of the article concerned from the Philippines and applicable to like articles imported into the continental United States from any foreign country, except Cuba, or when more than one rate of ordinary customs duty is applicable to such like articles, the aggregate of such rates.
(5) The term "refined sugars" possesses the same meaning as the term "direct-consumption sugar" as defined in section 1101 1 of title 7.
(6) The term "Philippine article" means an article the growth, produce, or manufacture of the Philippines, in the production of which no materials of other than Philippine or United States origin valued in excess of 20 per centum of the total value of such article was used and which is brought into the United States from the Philippines.
(7) The term "American article" means an article the growth, produce, or manufacture of the United States, in the production of which no materials of other than Philippine or United States origin valued in excess of 20 per centum of the total value of such article was used and which is brought into the Philippines from the United States.
(8) The term "Philippine import duty" means the lowest rate of ordinary customs duty applicable at the port of arrival, at the time of entry, or withdrawal from warehouse, for consumption of the article concerned, to like articles imported into the Philippines from any other foreign country, or when more than one rate of ordinary customs duty is applicable to such like articles, the aggregate of such rates.
(b) As used in subsection (a) of this section:
(1) The terms "includes" and "including" shall not be deemed to exclude other things otherwise within the meaning of the term defined.
(2) The term "ordinary customs duty" shall not include any import duty or charge which is imposed to compensate for an internal tax imposed in respect of a like domestic product or in respect of a commodity from which the imported product has been manufactured or produced in whole or in part.
(Mar. 24, 1934, ch. 84, §18, as added Aug. 7, 1939, ch. 502, §5, 53 Stat. 1231.)
Editorial Notes
References in Text
Paragraph 1622 of section 1201 of title 19, referred to in subsec. (a)(2), was repealed by act May 24, 1962, Pub. L. 87–456, title I, §101(a), 76 Stat. 72.
Since their independence, the Philippine Islands have been a republic, and are no longer designated as a "Commonwealth" as referred to in par. (3) of subsec. (a) of this section. See note below.
Section 1101 of title 7, referred to in subsec. (a)(5), was omitted from the Code.
Executive Documents
Philippine Independence
Philippine Islands granted independence by Proc. No. 2695, set out as a note under section 1394 of this title.
1 See References in Text note below.
CHAPTER 16—GREEK AND TURKISH ASSISTANCE
§§1401 to 1410. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(1), (4), 68 Stat. 861
Section 1401, acts May 22, 1947, ch. 81, §1, 61 Stat. 103; Apr. 5, 1952, ch. 159, §1, 66 Stat. 43, authorized President to furnish assistance and prescribed type of assistance to be furnished. See sections 1451 to 1453 and 2395 of this title.
Section 1402, act May 22, 1947, ch. 81, §2, 61 Stat. 104, related to allocation of funds to Government agencies. See section 2392 of this title.
Section 1403, act May 22, 1947, ch. 81, §3, 61 Stat. 104, prescribed conditions precedent to receipt of assistance.
Section 1404, acts May 22, 1947, ch. 81, §4, 61 Stat. 105; Apr. 3, 1948, ch. 169, title III, §303, 62 Stat. 158, related to advancement and reimbursement of funds by and to R.F.C. and appropriations.
Section 1405, act May 22, 1947, ch. 81, §5, 61 Stat. 105, related to rules and regulations and withdrawal of aid. See section 2367 of this title.
Section 1406, act May 22, 1947, ch. 81, §6, 61 Stat. 105, related to termination of assistance. See section 2367 of this title.
Section 1407, act May 22, 1947, ch. 81, §7, 61 Stat. 105, required President to submit quarterly reports to Congress. See section 2394 of this title.
Section 1408, act May 22, 1947, ch. 81, §8, 61 Stat. 105, related to appointment and duties of chief of any mission to Greece and Turkey. See section 2391 of this title.
Section 1409, act Apr. 3, 1948, ch. 169, title III, §302, 62 Stat. 158, related to additional appropriations.
Section 1410, act Apr. 3, 1948, ch. 169, title III, §304, 62 Stat. 158, related to detail of certain personnel to missions in Greece and Turkey, and loyalty check.
See section 2151 et seq. of this title.
CHAPTER 17—RELIEF AID TO WAR-DEVASTATED COUNTRIES
§§1411 to 1417. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(2), (3), 68 Stat. 861
Section 1411, acts May 31, 1947, ch. 90, §1, 61 Stat. 125; Dec. 17, 1947, ch. 520, §16(a), 61 Stat. 939; Apr. 5, 1952, ch. 159, §1, 66 Stat. 43, related to appropriation; uses; establishment of relief distribution missions; limitations on amounts; and advances by R.F.C.
Section 1412, act May 31, 1947, ch. 90, §2, 61 Stat. 125, related to relief assistance. See sections 2354, 2385, and 2392 of this title.
Section 1413, act May 31, 1947, ch. 90, §3, 61 Stat. 126, prescribed conditions governing relief assistance. See section 2171 et seq. of this title.
Section 1414, act May 31, 1947, ch. 90, §4, 61 Stat. 127, related to supervision of relief supplies in recipient countries; appointment, compensation, and duties of field administrator; and delegation of President's authority. See sections 2381 and 2385 of this title.
Section 1415, act May 31, 1947, ch. 90, §5, 61 Stat. 127, related to termination of relief by President or Congress. See section 2367 of this title.
Section 1416, act May 31, 1947, ch. 90, §6, 61 Stat. 128, related to sale of relief supplies by recipient country; establishment of special account as revolving fund; termination; and disposition of balance.
Section 1417, act May 31, 1947, ch. 90, §7, 61 Stat. 128, required the President to submit quarterly reports to Congress. See section 2394 of this title.
See section 2151 et seq. of this title.
Foreign Aid Act of 1947, act Dec. 17, 1947, ch. 520, §§1–18, 61 Stat. 934, which provided immediate aid urgently needed by peoples of Austria, China, France, and Italy and which was formerly set out as a note under former section 1411 of this title, was repealed by act Aug. 26, 1954, §542(a)(3).
CHAPTER 18—UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—INTERCHANGE OF PERSONS, KNOWLEDGE, AND SKILLS BETWEEN UNITED STATES AND FOREIGN COUNTRIES
SUBCHAPTER III—ASSIGNMENT OF SPECIALISTS
SUBCHAPTER IV—PARTICIPATION BY GOVERNMENT AGENCIES
SUBCHAPTER V—DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED STATES
SUBCHAPTER V–A—RADIO BROADCASTING TO CUBA
SUBCHAPTER V–B—TELEVISION BROADCASTING TO CUBA
SUBCHAPTER VI—ADVISORY COMMISSIONS TO FORMULATE POLICIES
SUBCHAPTER VII—ADMINISTRATIVE PROCEDURE
SUBCHAPTER VIII—APPROPRIATIONS AND OTHER FUNDS
SUBCHAPTER I—GENERAL PROVISIONS
§1431. Congressional declaration of objectives
The Congress declares that the objectives of this chapter are to enable the Government of the United States to promote a better understanding of the United States in other countries, and to increase mutual understanding between the people of the United States and the people of other countries. Among the means to be used in achieving these objectives are—
(1) an information service to disseminate abroad information about the United States, its people, and policies promulgated by the Congress, the President, the Secretary of State and other responsible officials of Government having to do with matters affecting foreign affairs;
(2) Repealed. Pub. L. 87–256, §111(a)(2), Sept. 21, 1961, 75 Stat. 538.
(Jan. 27, 1948, ch. 36, title I, §2, 62 Stat. 6; Pub. L. 87–256, §111(a)(2), Sept. 21, 1961, 75 Stat. 538.)
Editorial Notes
Amendments
1961—Pub. L. 87–256 repealed par. (2) which authorized an educational exchange service to cooperate with other nations in the interchange of persons, knowledge, and skills, in the rendering of technical and other services, and in the interchange of developments in the field of education, the arts, and sciences. See section 2451 et seq. of this title.
Statutory Notes and Related Subsidiaries
Termination of Chapter
Act Jan. 27, 1948, ch. 36, title X, §1006, 62 Stat. 14, provided that: "The authority granted under this Act [this chapter] shall terminate whenever such termination is directed by concurrent resolution of the two Houses of the Congress."
Short Title of 1983 Amendment
For short title of Pub. L. 98–111, which enacted subchapter V–A of this chapter, as the "Radio Broadcasting to Cuba Act", see section 1 of Pub. L. 98–111, set out as a Short Title note under section 1465 of this title.
Short Title of 1973 Amendment
Pub. L. 93–168, §1, Nov. 29, 1973, 87 Stat. 688, provided: "That this Act [amending former section 1476 of this title] may be cited as the 'United States Information Agency Appropriations Authorization Act of 1973'."
Short Title
Act Jan. 27, 1948, ch. 36, title I, §1, 62 Stat. 6, provided that: "This Act [enacting this chapter] may be cited as the 'United States Information and Educational Exchange Act of 1948'."
Separability
Act Jan. 27, 1948, ch. 36, title X, §1010, 62 Stat. 14, provided that: "If any provision of this Act [enacting this chapter] or the application of any such provision to any person or circumstance shall be held invalid, the validity of the remainder of the Act [this chapter] and the applicability of such provision to other persons or circumstances shall not be affected thereby."
Transfer of Functions
All functions vested in the President, the Secretary of State, the Department of State, the United States Information Agency, or the Director thereof, under this chapter, were transferred to the Director of the International Communication Agency by Reorg. Plan No. 2 of 1977, §7(a)(1), 42 F.R. 62461, 91 Stat. 1637, set out under section 1461 of this title, effective on or before July 1, 1978, at such time as specified by the President, except to the extent that such functions were vested in the President under sections 1452, 1456, and 1467 of this title. The International Communication Agency, and the Director thereof, were redesignated the United States Information Agency, and the Director thereof, by section 303 of Pub. L. 97–241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of this title. United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
Promotion of Free Media and Other American Values
Pub. L. 108–458, title VII, §7108, Dec. 17, 2004, 118 Stat. 3790, provided that:
"(a)
"(1)
"(A) Although the United States has demonstrated and promoted its values in defending Muslims against tyrants and criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, this message is neither convincingly presented nor widely understood.
"(B) If the United States does not act to vigorously define its message in countries with predominantly Muslim populations, the image of the United States will be defined by Islamic extremists who seek to demonize the United States.
"(C) Recognizing that many Muslim audiences rely on satellite television and radio, the United States Government has launched promising initiatives in television and radio broadcasting to the Islamic world, including Iran and Afghanistan.
"(2)
"(A) the United States must do more to defend and promote its values and ideals to the broadest possible audience in countries with predominantly Muslim populations;
"(B) United States efforts to defend and promote these values and ideals are beginning to ensure that accurate expressions of these values reach large Muslim audiences and should be robustly supported;
"(C) the United States Government could and should do more to engage Muslim audiences in the struggle of ideas; and
"(D) the United States Government should more intensively employ existing broadcast media in the Islamic world as part of this engagement.
"(b)
"(1)
"(A) Freedom of speech and freedom of the press are fundamental human rights.
"(B) The United States has a national interest in promoting these freedoms by supporting free media abroad, which is essential to the development of free and democratic societies consistent with our own.
"(C) Free media is undermined, endangered, or nonexistent in many repressive and transitional societies around the world, including in Eurasia, Africa, and the Middle East.
"(D) Individuals lacking access to a plurality of free media are vulnerable to misinformation and propaganda and are potentially more likely to adopt anti-United States views.
"(E) Foreign governments have a responsibility to actively and publicly discourage and rebut unprofessional and unethical media while respecting journalistic integrity and editorial independence.
"(2)
"(A) ensure that the promotion of freedom of the press and freedom of media worldwide is a priority of United States foreign policy and an integral component of United States public diplomacy;
"(B) respect the journalistic integrity and editorial independence of free media worldwide; and
"(C) ensure that widely accepted standards for professional and ethical journalistic and editorial practices are employed when assessing international media.
"(c)
"(1)
"(2)
"(A) fund a clearinghouse to collect and share information concerning international media development and training;
"(B) improve research in the field of media assistance and program evaluation to better inform decisions regarding funding and program design for government and private donors;
"(C) explore the most appropriate use of existing means to more effectively encourage the involvement of the private sector in the field of media assistance; and
"(D) identify effective methods for the development of a free and independent media in societies in transition.
"(d)
"(1)
"(2)
Continuation of Certain Executive Orders, Agreements, Determinations, Regulations, Contracts, Appointments, and Other Actions
Continuation in full force and effect, and applicability to the appropriate provisions of the Mutual Educational and Cultural Exchange Act of 1961, set out as section 2451 et seq. of this title, until modified or superseded by appropriate authority, of all Executive orders, agreements, determinations, regulations, contracts, appointments, and other actions issued, concluded, or taken under authority of this section, see section 111(b) of Pub. L. 87–256, set out as a note under section 2451 of this title.
§1432. Information on United States participation in United Nations
In carrying out the objectives of this chapter, information concerning the participation of the United States in the United Nations, its organizations and functions, shall be emphasized.
(Jan. 27, 1948, ch. 36, title I, §3, 62 Stat. 6.)
§1433. Definitions
When used in this chapter, the term—
(1) "Secretary" means the Secretary of State.
(2) "Department" means the Department of State.
(3) "Government agency" means any executive department, board, bureau, commission, or other agency of the Federal Government, or independent establishment, or any corporation wholly owned (either directly or through one or more corporations) by the United States.
(Jan. 27, 1948, ch. 36, title I, §4, 62 Stat. 6.)
§1434. Repealed. Pub. L. 96–60, title II, §203(a)(1), Aug. 15, 1979, 93 Stat. 398
Section, acts Jan. 27, 1948, ch. 36, title X, §1001, 62 Stat. 13; Apr. 5, 1952, ch. 159, §1, 66 Stat. 43; 1977 Reorg. Plan No. 2, §7(a)(1), 42 F.R. 62461, 91 Stat. 1637; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783, provided for loyalty check of personnel. Pub. L. 87–256, §111(a)(2), Sept. 21, 1961, 75 Stat. 538, previously repealed this section insofar as it related to persons employed or assigned to duties under the Mutual Educational and Cultural Exchange Act of 1961.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1979, see section 209 of Pub. L. 96–60, set out as an Effective Date of 1979 Amendment note under section 1471 of this title.
§1435. Delegation of authority by Secretary
The Secretary may delegate, to such officers of the Government as the Secretary determines to be appropriate, any of the powers conferred upon him by this chapter to the extent that he finds such delegation to be in the interest of the purposes expressed in this chapter and the efficient administration of the programs undertaken pursuant to this chapter.
(Jan. 27, 1948, ch. 36, title X, §1002, 62 Stat. 13.)
§1436. Restriction on disclosure of information
Nothing in this chapter shall authorize the disclosure of any information or knowledge in any case in which such disclosure (1) is prohibited by any other law of the United States, or (2) is inconsistent with the security of the United States.
(Jan. 27, 1948, ch. 36, title X, §1003, 62 Stat. 13.)
§1437. Utilization of private agencies
In carrying out the provisions of this chapter it shall be the duty of the Secretary and the Broadcasting Board of Governors to utilize, to the maximum extent practicable, the services and facilities of private agencies, including existing American press, publishing, radio, motion picture, and other agencies, through contractual arrangements or otherwise. It is the intent of Congress that the Secretary and the Broadcasting Board of Governors shall encourage participation in carrying out the purposes of this chapter by the maximum number of different private agencies in each field consistent with the present or potential market for their services in each country.
(Jan. 27, 1948, ch. 36, title X, §1005, 62 Stat. 14; Pub. L. 112–239, div. A, title X, §1078(d)(2), Jan. 2, 2013, 126 Stat. 1959.)
Editorial Notes
Amendments
2013—Pub. L. 112–239 inserted "and the Broadcasting Board of Governors" after "Secretary" in two places.
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 2013 Amendment
Pub. L. 112–239, div. A, title X, §1078(e), Jan. 2, 2013, 126 Stat. 1959, provided that: "This section [amending this section and sections 1461, 1461–1a, and 1462 of this title and enacting provisions set out as a note under section 1461 of this title] shall take effect and apply on the date that is 180 days after the date of the enactment of this section [Jan. 2, 2013]."
§1438. Veterans' preference
No provision of this chapter shall be construed to modify or to repeal the provisions of sections 1302(b), (c), 2108, 3305(b), 3306(a)(2), 3308 to 3318, 3319(b), 3320, 3351, 3363, 3364, 3501 to 3504, 7511, 7512, and 7701 of title 5.
(Jan. 27, 1948, ch. 36, title X, §1007, 62 Stat. 14.)
Editorial Notes
References in Text
Section 3306 of title 5, referred to in text, was repealed by Pub. L. 95–228, §1, Feb. 10, 1978, 92 Stat. 25.
Section 3319 of title 5, referred to in text, was repealed by Pub. L. 95–454, title III, §307(h)(1), Oct. 13, 1978, 92 Stat. 1149.
Section 3364 of title 5, referred to in text, was repealed by Pub. L. 94–183, §2(6), Dec. 31, 1975, 89 Stat. 1057.
Sections 7511 and 7512 of title 5, referred to in text, which related to adverse actions against preference eligible employees and comprised subchapter II of chapter 75 of Title 5, Government Organization and Employees, were repealed by Pub. L. 95–454 and replaced by a new subchapter II (§§7511–7514) of chapter 75 relating to removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less.
Codification
"Sections 1302(b), (c), 2108, 3305(b), 3306(a)(2), 3308 to 3318, 3319(b), 3320, 3351, 3363, 3364, 3501 to 3504, 7511, 7512, and 7701 of title 5" substituted in text for "the Veterans' Preference Act of 1944" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
§1439. Repealed. Pub. L. 96–470, title I, §117, Oct. 19, 1980, 94 Stat. 2240
Section, acts Jan. 27, 1948, ch. 36, title X, §1008, 62 Stat. 14; Sept. 21, 1961, Pub. L. 87–256, §111(a)(2), 75 Stat. 538; Oct. 26, 1974, Pub. L. 93–475, §7, 88 Stat. 1440; 1977 Reorg. Plan No. 2, §7(a)(1), 42 F.R. 62461, 91 Stat. 1637, required the Director to submit annual reports to Congress on expenditures made and activities carried on under this chapter, including appraisals and measurements, where feasible, as to the effectiveness of the several programs in each country where conducted. Pub. L. 87–256, §111(9)(2), Sept. 21, 1961, 75 Stat. 538, previously repealed this section insofar as it related to educational exchange activities. See section 2458(b) of this title.
§1440. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(1), Oct. 21, 1998, 112 Stat. 2681–790
Section, acts Jan. 27, 1948, ch. 36, title X, §1009, 62 Stat. 14; Pub. L. 87–256, §111(a)(2), Sept. 21, 1961, 75 Stat. 538, related to applicability of chapter provisions to similar international activities of State Department.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
§1441. Omitted
Editorial Notes
Codification
Section, based on third proviso under subheading "International Information and Education Activities" under heading "State Department" of Title I of the Supplemental Appropriation Act, 1950 (approved Oct. 14, 1949, ch. 694, 63 Stat. 878), authorized the acquisition of land outside the continental United States, and was not repeated in the Department of State Appropriation Act, 1951 (approved Sept. 6, 1950, ch. 896, ch. III, title I, 64 Stat. 609), or other appropriation acts.
§1442. Informational media guaranties
(a) Authorization to make
The Director of the United States Information Agency may make guaranties, in accordance with the provisions of subsection (b) of section 1933 1 of this title, of investments in enterprises producing or distributing informational media consistent with the national interests of the United States: Provided, That the purpose of making informational media guaranties shall be the achievement of the foreign policy objectives of the United States, including the objective mentioned in sections 1933(b)(4)(A) 1 and 1933(b)(4)(G) 1 of this title.
(b) Assumption of notes issued pursuant to section 1509(c)(2) of this title; advances
The Director is authorized to assume the obligation of not to exceed $28,000,000 of the notes authorized to be issued pursuant to section 1509(c)(2) 1 of this title, together with the interest accrued and unpaid thereon, and to obtain advances from time to time from the Secretary of the Treasury up to such amount, less amounts previously advanced on such notes, as provided for in said notes. Such advances shall be deposited in a special account in the Treasury available for payments under informational media guaranties.
(c) Limitations of time; total of guaranties outstanding
The Director is authorized to make informational media guaranties without regard to the limitations of time contained in section 1933(b)(4) 1 of this title, but the total of such guaranties outstanding at any one time shall not exceed the sum of the face amount of the notes assumed by the Director less the amounts previously advanced on such notes by the Secretary of the Treasury plus the amount of the funds in the special account referred to in subsection (b).
(d) Sale of foreign currencies; special account; availability
Foreign currencies available after June 30, 1955, from conversions made pursuant to the obligation of informational media guaranties may be sold, in accordance with Treasury Department regulations, for dollars which shall be deposited in the special account and shall be available for payments under new guaranties. Such currencies shall be available, as may be provided for by the Congress in appropriation Acts, for use for educational, scientific, and cultural purposes which are in the national interest of the United States, and for such other purposes of mutual interest as may be agreed to by the governments of the United States and the country from which the currencies derive.
(e) Deposit of fees; availability
Notwithstanding the provisions of section 1933(b)(4)(E) 1 of this title, (1) fees collected for the issuance of informational media guaranties shall be deposited in the special account and shall be available for payments under informational media guaranties; and (2) the Director may require the payment of a minimum charge of up to fifty dollars for issuance of guaranty contracts, or amendments thereto.
(f) Advance payments
The Director is further authorized, under such terms as he may prescribe, to make advance payments under informational media guaranties: Provided, That currencies receivable from holders of such guaranties on account of such advance payments shall be paid to the United States within nine months from the date of the advance payment and that appropriate security to assure such payments is required before any advance payment is made.
(g) Separate accounts; transfers
As soon as feasible after July 18, 1956, all assets, liabilities, income, expenses, and charges of whatever kind pertaining to informational media guaranties, including any charges against the authority to issue notes provided in section 1509(c)(2) 1 of this title, cumulative from April 3, 1948, shall be accounted for separately from other guaranties issued pursuant to section 1933(b) 1 of this title: Provided, That there shall be transferred from the special account established pursuant to subsection (b), into the account available for payments under guaranties other than the informational media guaranties, an amount equal to the total of the fees received for the issuance of guaranties other than informational media guaranties, and used to make payments under informational media guaranties.
(h) Appropriations for restoration of realized impairment to capital; liquidation of notes
(1) There is authorized to be appropriated annually an amount to restore in whole or in part any realized impairment to the capital used in carrying on the authority to make informational media guaranties, as provided in subsection (c), through the end of the last completed fiscal year.
(2) Such impairment shall consist of the amount by which the losses incurred and interest accrued on notes exceed the revenue earned and any previous appropriations made for the restoration of impairment. Losses shall include the dollar losses on foreign currencies sold, and the dollar cost of foreign currencies which (a) the Secretary of the Treasury, after consultation with the Director, has determined to be unavailable for, or in excess of, requirements of the United States, or (b) have been transferred to other accounts without reimbursement to the special account.
(3) Dollars appropriated pursuant to this section shall be applied to the payment of interest and in satisfaction of notes issued or assumed hereunder, and to the extent of such application to the principal of the notes, the Director is authorized to issue notes to the Secretary of the Treasury which will bear interest at a rate to be determined by the Secretary of the Treasury, taking into consideration the current average market yields of outstanding marketable obligations of the United States having maturities comparable to the guaranties. The currencies determined to be unavailable for, or in excess of, requirements of the United States as provided above shall be transferred to the Secretary of the Treasury to be held until disposed of, and any dollar proceeds realized from such disposition shall be deposited in miscellaneous receipts.
(4) Section 1476(a) of this title 1 shall not apply with respect to any amounts appropriated under this section for the purpose of liquidating the notes (and any accrued interest thereon) which were assumed in the operation of the informational media guaranty program under this section and which were outstanding on August 24, 1982.
(Jan. 27, 1948, ch. 36, title X, §1011, as added Aug. 26, 1954, ch. 937, title V, §544(a), 68 Stat. 862; amended Aug. 26, 1954, ch. 937, title V, §544(g), as added July 18, 1956, ch. 627, §11(a), 70 Stat. 563, and amended Pub. L. 85–141, §11(b)(1), Aug. 14, 1957, 71 Stat. 365; Pub. L. 85–477, ch. V, §502(i), June 30, 1958, 72 Stat. 274; Pub. L. 86–108, ch. VII, §701(c), July 24, 1959, 73 Stat. 257; Pub. L. 97–241, title III, §304(f), Aug. 24, 1982, 96 Stat. 293.)
Editorial Notes
References in Text
Section 1933 of this title, referred to in subsecs. (a), (c), (e), and (g), was repealed by Pub. L. 87–195, pt. III, §642(a)(2), Sept. 4, 1961, 75 Stat. 460. See section 2351 of this title.
Section 1509 of this title, referred to in subsecs. (b) and (g), was repealed by act Aug. 26, 1954, ch. 937, title V, §542(a)(4), (6), (9), (10), (11), 68 Stat. 861. See section 1754 et seq. of this title.
Section 1476(a) of this title, referred to in subsec. (h)(4), was repealed by Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(1), Oct. 21, 1998, 112 Stat. 2681–790.
Amendments
1982—Subsec. (h)(4). Pub. L. 97–241, §304(f), added par. (4).
1959—Subsec. (a). Pub. L. 86–108 provided that the purpose of making informational media guaranties shall be the achievement of the foreign policy objectives of the United States, including the objective mentioned in former sections 1933(b)(4)(A) and 1933(b)(4)(G) of this title, now covered by section 2351 of this title.
1958—Subsec. (h). Pub. L. 85–477 added subsec. (h).
1956—Subsec. (a). Act Aug. 26, 1954, §544(g), as added by act July 18, 1956, designated as subsec. (a) the entire former section and amended it to eliminate provisions which permitted the Director to make guaranties against funds made available by notes issued pursuant to section 1509(c)(2) of this title and which limited the amount of such guaranties in any fiscal year to not more than $10,000,000. Such provisions were covered by subsecs. (b) to (g) of this section.
Subsecs. (b) to (g). Act Aug. 26, 1954, §544(g), as added by act July 18, 1956, added subsecs (b) to (g).
Statutory Notes and Related Subsidiaries
Repeals
Section 544(a), (g) of act Aug. 26, 1954, cited as a credit to this section, was repealed by section 11(b)(1) of Pub. L. 85–141, except in so far as section 544(a), (g) affected this section.
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
1 See References in Text note below.
§1442a. National security measures
(a) Restriction
In coordination with other appropriate executive branch officials, the Secretary of State shall take all appropriate steps to—
(1) prevent any agent of a foreign power from participating in educational and cultural exchange programs under this chapter;
(2) ensure that no person who is involved in the research, development, design, testing, evaluation, or production of missiles or weapons of mass destruction is a participant in any program of educational or cultural exchange under this chapter if such person is employed by, or attached to, an entity within a country that has been identified by any element of the United States intelligence community (as defined by section 3003(4) of title 50) within the previous 5 years as having been involved in the proliferation of missiles or weapons of mass destruction; and
(3) ensure that no person who is involved in the research, development, design, testing, evaluation, or production of chemical or biological weapons for offensive purposes is a participant in any program of educational or cultural exchange under this chapter.
(b) Definitions
(1) The term "appropriate executive branch officials" means officials from the elements of the United States Government listed pursuant to section 101 of the Intelligence Authorization Act for Fiscal Year 1999 (Public Law 105–272).
(2) The term "agent of a foreign power" has the same meaning as set forth in section 1801(b)(1)(B) and (b)(2) of title 50, and does not include any person who acts in the capacity defined under section 1801(b)(1)(A) of title 50.
(Jan. 27, 1948, ch. 36, title X, §1012, as added Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title IV, §403], Nov. 29, 1999, 113 Stat. 1536, 1501A-446.)
Editorial Notes
References in Text
Section 101 of the Intelligence Authorization Act for Fiscal Year 1999, referred to in subsec. (b)(1), is section 101 of Pub. L. 105–272, title I, Oct. 20, 1998, 112 Stat. 2397, which is not classified to the Code.
SUBCHAPTER II—INTERCHANGE OF PERSONS, KNOWLEDGE, AND SKILLS BETWEEN UNITED STATES AND FOREIGN COUNTRIES
§1446. Repealed. Pub. L. 87–256, §111(a)(2), Sept. 21, 1961, 75 Stat. 538
Section, acts Jan. 27, 1948, ch. 36, title II, §201, 62 Stat. 7; June 27, 1952, ch. 477, title IV, §402(f), 66 Stat. 276; June 4, 1956, ch. 356, 70 Stat. 241, authorized the interchange of persons on a reciprocal basis between the United States and other countries, provided for orientation courses, admission as nonimmigrant visitors, deportation, and eligibility requirements for reentry under changed status. See section 2451 et seq. of this title.
Statutory Notes and Related Subsidiaries
Continuation of Certain Executive Orders, Agreements, Determinations, Regulations, Contracts, Appointments, and Other Actions
Continuation in full force and effect, and applicability to the appropriate provisions of the Mutual Educational and Cultural Exchange Act of 1961, set out as section 2451 et seq. of this title, until modified or superseded by appropriate authority, of all Executive orders, agreements, determinations, regulations, contracts, appointments, and other actions issued, concluded, or taken under authority of this section, see section 111(b) of Pub. L. 87–256, set out as a note under section 2451 of this title.
§1447. Books and materials
The Secretary is authorized to provide for interchanges between the United States and other countries of books and periodicals, including government publications, for the translation of such writings, and for the preparation, distribution, and interchange of other educational materials.
(Jan. 27, 1948, ch. 36, title II, §202, 62 Stat. 7.)
§1448. Assistance to certain institutions abroad founded or sponsored by United States citizens
The Secretary is authorized to provide for assistance to schools,1 libraries, and community centers abroad, founded or sponsored by citizens of the United States, and serving as demonstration centers for methods and practices employed in the United States. In assisting any such schools, however, the Secretary shall exercise no control over their educational policies and shall in no case furnish assistance of any character which is not in keeping with the free democratic principles and the established foreign policy of the United States.
(Jan. 27, 1948, ch. 36, title II, §203, 62 Stat. 7.)
Statutory Notes and Related Subsidiaries
Partial Repeal
Pub. L. 87–256, §111(a)(2), Sept. 21, 1961, 75 Stat. 538, repealed this section insofar as it relates to schools. See section 2451 et seq. of this title. Continuation in full force and effect, and applicability to the appropriate provisions of the Mutual Educational and Cultural Exchange Act of 1961, 22 U.S.C. 2451 et seq., until modified or superseded by appropriate authority, of all Executive orders, agreements, determinations, regulations, contracts, appointments, and other actions issued, concluded, or taken under authority of this section, see section 111(b) of Pub. L. 87–256, set out as a Continuation of Certain Executive Orders, Agreements, Determinations, Regulations, Contracts, Appointments, and Other Actions note under section 2451 of this title.
1 See Partial Repeal note below.
SUBCHAPTER III—ASSIGNMENT OF SPECIALISTS
§1451. Assignment of Government employees to requesting countries; governing regulations
The Director of the United States Information Agency is authorized, when the government of another country is desirous of obtaining the services of a person having special scientific or other technical or professional qualifications, from time to time to assign or authorize the assignment for service, to or in cooperation with such government, any person in the employ or service of the Government of the United States who has such qualifications, with the approval of the Government agency in which such person is employed or serving. No person shall be assigned for service to or in cooperation with the government of any country unless (1) the Director finds that such assignment is necessary in the national interest of the United States, or (2) such government agrees to reimburse the United States in an amount equal to the compensation, travel expenses, and allowances payable to such person during the period of such assignment in accordance with the provisions of section 1452 of this title, or (3) such government shall have made an advance of funds, property, or services as provided in section 1479 of this title. Nothing in this chapter, however, shall authorize the assignment of such personnel for service relating to the organization, training, operation, development, or combat equipment of the armed forces of a foreign government.
(Jan. 27, 1948, ch. 36, title III, §301, 62 Stat. 7; Pub. L. 97–241, title III, §304(a)(1)(A), (2)(A), Aug. 24, 1982, 96 Stat. 292.)
Editorial Notes
Amendments
1982—Pub. L. 97–241 substituted "person in the employ" for "citizen of the United States in the employ", "Director of the United States Information Agency" for "Secretary", and "Director finds" for "Secretary finds".
Statutory Notes and Related Subsidiaries
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
References to Act May 25, 1938
Act Jan. 27, 1948, ch. 36, title X, §1004(c), 62 Stat. 14, provided that: "Any reference in the Foreign Service Act of 1946 (60 Stat. 999) [section 801 et seq. of this title], or in any other law, to provisions of such Act of May 25, 1938, as amended [section 118e of former Title 5, Executive Departments and Government Officers and Employees], shall be construed to be applicable to the appropriate provisions of titles III and IX of this Act [sections 1451 to 1453, 1478, and 1479 of this title]."
Effectiveness of Executive Orders and Regulations Under Act May 25, 1938, Ch. 277, 52 Stat. 442
Act Jan. 27, 1948, ch. 36, title X, §1004(b), 62 Stat. 14, provided that: "Existing Executive orders and regulations pertaining to the administration of such Act of May 25, 1938, as amended [former section 118e of former Title 5, Executive Departments and Government Officers and Employees], shall remain in effect until superseded by regulations prescribed under the provisions of this Act [this chapter]."
§1452. Status and allowances of assigned personnel
Any person in the employ or service of the Government of the United States, while assigned for service to or in cooperation with another government under the authority of this chapter, shall be considered, for the purpose of preserving his rights, allowances, and privileges as such, an officer or employee of the Government of the United States and of the Government agency from which assigned and he shall continue to receive compensation from that agency. He may also receive, under such regulations as the President may prescribe, representation allowances similar to those allowed under section 4085 of this title. The authorization of such allowances and other benefits and the payment thereof out of any appropriations available therefor shall be considered as meeting all the requirements of section 5536 of title 5.
(Jan. 27, 1948, ch. 36, title III, §302, 62 Stat. 8; Pub. L. 97–241, title III, §304(a)(1)(B), (3), Aug. 24, 1982, 96 Stat. 292.)
Editorial Notes
Amendments
1982—Pub. L. 97–241 substituted "person in the employ or service of the Government of the United States" for "citizen of the United States", "section 4085 of this title" for "section 1131(3) of this title", and "section 5536 of title 5" for "section 1765 of the Revised Statutes". Prior to the amendment by Pub. L. 97–241, "section 5536 of title 5" had been substituted for "section 1765 of the Revised Statutes" (which was formerly classified to section 70 of title 5) on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees, thereby requiring no change in text.
§1453. Acceptance of office under foreign governments of assigned personnel; oath of allegiance
Any person in the employ or service of the Government of the United States while assigned for service to or in cooperation with another government under authority of this chapter may, at the discretion of his Government agency, with the concurrence of the Director of the United States Information Agency, and without additional compensation therefor, accept an office under the government to which he is assigned, if the acceptance of such an office in the opinion of such agency is necessary to permit the effective performance of duties for which he is assigned, including the making or approving on behalf of such foreign government the disbursement of funds provided by such government or of receiving from such foreign government funds for deposit and disbursement on behalf of such government, in carrying out programs undertaken pursuant to this chapter: Provided, however, That such acceptance of office shall in no case involve the taking of an oath of allegiance to another government.
(Jan. 27, 1948, ch. 36, title III, §303, 62 Stat. 8; Pub. L. 97–241, title III, §304(a)(1)(B), (2)(B), Aug. 24, 1982, 96 Stat. 292.)
Editorial Notes
Amendments
1982—Pub. L. 97–241 substituted "person in the employ or service of the Government of the United States" for "citizen of the United States" and "Director of the United States Information Agency" for "Secretary".
Statutory Notes and Related Subsidiaries
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
SUBCHAPTER IV—PARTICIPATION BY GOVERNMENT AGENCIES
§1456. Utilization of facilities and personnel of other Government agencies; reimbursement to agencies; report to Congress
The Secretary is authorized, in carrying on any activity under the authority of this chapter, to utilize, with the approval of the President, the services, facilities, and personnel of the other Government agencies. Whenever the Secretary shall use the services, facilities, or personnel of any Government agency for activities under authority of this chapter, the Secretary shall pay for such performance out of funds available to the Secretary under this chapter, either in advance, by reimbursement, or direct transfer. The Secretary shall include in each report submitted to the Congress under section 1439 1 of this title a statement of the services, facilities, and personnel of other Government agencies utilized in carrying on activities under the authority of this chapter, showing the names and salaries of the personnel utilized, or performing services utilized, during the period covered by such report, and the amounts paid to such other agencies under this section as payment for such performance.
(Jan. 27, 1948, ch. 36, title IV, §401, 62 Stat. 8.)
Editorial Notes
References in Text
Section 1439 of this title, referred to in text, was repealed by Pub. L. 96–470, title I, §117, Oct. 19, 1980, 94 Stat. 2240.
1 See References in Text note below.
§1457. Rendition of technical and other services to foreign governments; limitations
A Government agency, at the request of the Secretary, may perform such technical or other services as such agency may be competent to render for the government of another country desirous of obtaining such services, upon terms and conditions which are satisfactory to the Secretary and to the head of the Government agency, when it is determined by the Secretary that such services will contribute to the purposes of this chapter. However, nothing in this chapter shall authorize the performance of services relating to the organization, training, operation, development, or combat equipment of the armed forces of a foreign government.
(Jan. 27, 1948, ch. 36, title IV, §402, 62 Stat. 9.)
§1458. Policy governing rendition of services
In authorizing the performance of technical and other services under this subchapter, it is the sense of the Congress (1) that the Secretary shall encourage through any appropriate Government agency the performance of such services to foreign governments by qualified private American individuals and agencies, and shall not enter into the performance of such services to any foreign government where such services may be performed adequately by qualified private American individuals and agencies and such qualified individuals and agencies are available for the performance of such services; (2) that if such services are rendered by a Government agency, they shall demonstrate the technical accomplishments of the United States, such services being of an advisory, investigative, or instructional nature, or a demonstration of a technical process; (3) that such services shall not include the construction of public works or the supervision of the construction of public works, and that, under authority of this chapter, a Government agency shall render engineering services related to public works only when the Secretary shall determine that the national interest demands the rendering of such services by a Government agency, but this policy shall not be interpreted to preclude the assignment of individual specialists as advisers to other governments as provided under subchapter III of this chapter, together with such incidental assistance as may be necessary for the accomplishment of their individual assignments.
(Jan. 27, 1948, ch. 36, title IV, §403, 62 Stat. 9.)
SUBCHAPTER V—DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED STATES
§1461. General authorization
(a) Dissemination of information abroad
The Secretary and the Broadcasting Board of Governors are authorized to use funds appropriated or otherwise made available for public diplomacy information programs to provide for the preparation, dissemination, and use of information intended for foreign audiences abroad about the United States, its people, and its policies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through information centers, instructors, and other direct or indirect means of communication.
(b) Dissemination of information within the United States
(1) Except as provided in paragraph (2), the Secretary and the Broadcasting Board of Governors may, upon request and reimbursement of the reasonable costs incurred in fulfilling such a request, make available, in the United States, motion pictures, films, video, audio, and other materials disseminated abroad pursuant to this chapter, the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), or the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). Any reimbursement pursuant to this paragraph shall be credited to the applicable appropriation account of the Department of State or the Broadcasting Board of Governors, as appropriate. The Secretary and the Broadcasting Board of Governors shall issue necessary regulations—
(A) to establish procedures to maintain such material;
(B) for reimbursement of the reasonable costs incurred in fulfilling requests for such material; and
(C) to ensure that the persons seeking release of such material have secured and paid for necessary United States rights and licenses.
(2) With respect to material disseminated abroad before the effective date of section 1078 of the National Defense Authorization Act for Fiscal Year 2013—
(A) the Secretary and the Broadcasting Board of Governors shall make available to the Archivist of the United States, for domestic distribution, motion pictures, films, videotapes, and other material 12 years after the initial dissemination of the material abroad; and
(B) the Archivist shall be the official custodian of the material and shall issue necessary regulations to ensure that persons seeking its release in the United States have secured and paid for necessary United States rights and licenses and that all costs associated with the provision of the material by the Archivist shall be paid by the persons seeking its release, in accordance with paragraph (4).
(3) The Archivist may undertake the functions described in paragraph (1) on behalf of and at the request of the Secretary or the Broadcasting Board of Governors.
(4) The Archivist may charge fees to recover the costs described in paragraphs (1) and (2), in accordance with section 2116(c) of title 44. Such fees shall be paid into, administered, and expended as part of the National Archives Trust Fund.
(c) No requirement to provide material in different format
Nothing in this section may be construed to require the Secretary or the Broadcasting Board of Governors to make material disseminated abroad available in any format other than in the format disseminated abroad.
(Jan. 27, 1948, ch. 36, title V, §501, 62 Stat. 9; Pub. L. 92–352, title II, §204, July 13, 1972, 86 Stat. 494; Pub. L. 96–60, title II, §208, Aug. 15, 1979, 93 Stat. 401; Pub. L. 101–246, title II, §202, Feb. 16, 1990, 104 Stat. 49; Pub. L. 112–239, div. A, title X, §1078(a), Jan. 2, 2013, 126 Stat. 1957.)
Editorial Notes
References in Text
The United States International Broadcasting Act of 1994, referred to in subsec. (b)(1), is title III of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 432, which is classified principally to chapter 71 (§6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
The Radio Broadcasting to Cuba Act, referred to in subsec. (b)(1), is Pub. L. 98–111, Oct. 4, 1983, 97 Stat. 749, which is classified generally to subchapter V–A (§1465 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1465 of this title and Tables.
The Television Broadcasting to Cuba Act, referred to in subsec. (b)(1), is part D of title II of Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 58, which is classified principally to subchapter V–B (§1465aa et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1465aa of this title and Tables.
For the effective date of section 1078 of the National Defense Authorization Act for Fiscal Year 2013 [Pub. L. 112–239], referred to in subsec. (b)(2), see section 1078(e) of Pub. L. 112–239, set out as an Effective Date of 2013 Amendment note under section 1437 of this title.
Amendments
2013—Pub. L. 112–239 amended section generally. Prior to amendment, section provided general authorization to disseminate information about the United States abroad and domestically.
1990—Pub. L. 101–246 designated existing provisions as subsec. (a), substituted "Subject to subsection (b) of this section, any such information" for "Any such information" in second sentence, and added subsec. (b).
1979—Pub. L. 96–60 substituted " 'Problems of Communism' and the 'English Teaching Forum' which may be sold" for " 'Problems of Communism' which may continue to be sold" in parenthetical clause.
1972—Pub. L. 92–352 substituted provisions relating to the prohibition, except as otherwise provided, on the dissemination of information within the United States, its territories, or possessions, other than "Problems of Communism" which could continue to be sold at the Government Printing Office, for provisions relating to the availability of press release or radio scripts for examination by representatives of United States press associations, newspapers, magazines, radio systems, and stations, and, on request, Members of Congress.
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–239 effective and applicable on the date that is 180 days after Jan. 2, 2013, see section 1078(e) of Pub. L. 112–239, set out as a note under section 1437 of this title.
Rule of Construction
Pub. L. 112–239, div. A, title X, §1078(b), Jan. 2, 2013, 126 Stat. 1958, provided that: "Nothing in this section [amending this section and sections 1437, 1461–1a, and 1462 of this title and enacting provisions set out as a note under section 1437 of this title], or in the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), may be construed to affect the allocation of funds appropriated or otherwise made specifically available for public diplomacy or to authorize appropriations for Broadcasting Board of Governors [now United States Agency for Global Media] programming other than for foreign audiences abroad."
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), referred to in notes below, abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
USIA Network for Dissemination of Information Concerning United States Programs To Combat Narcotics and Other Controlled Substances
Pub. L. 101–246, title II, §210, Feb. 16, 1990, 104 Stat. 54, provided that: "The United States Information Agency shall establish and maintain an international narcotics information network. The network shall disseminate prompt, accurate, and comprehensive information to foreign governments concerning programs and activities of the United States Government—
"(1) to eliminate the illicit production, trafficking, and abuse of narcotic and psychotropic drugs and other controlled substances within the United States; and
"(2) to promote drug prevention and rehabilitation in the United States."
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.]
Public Service Announcements To Promote Child Survival
Pub. L. 101–246, title II, §233, Feb. 16, 1990, 104 Stat. 57, provided that: "The United States Information Agency shall establish and maintain through the Voice of America a system of public service announcements focusing on child survival techniques."
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.]
USIA Posts and Personnel Overseas
Pub. L. 100–204, title II, §204, Dec. 22, 1987, 101 Stat. 1373, prohibited use of appropriated funds to pay expenses associated with closing of United States Information Agency posts abroad or to pay expenses associated with Bureau of Management or with television and film service of Agency if an Agency post abroad was closed after Apr. 1, 1987, and not reopened within 180 days after Dec. 22, 1987, placed limitation on reduction of number of positions filled by American employees of Agency stationed abroad, authorized waiver of both prohibition and limitation, and permitted Director, in case of a sequestration order, to submit a report to congressional committees proposing a list of Agency posts to be downgraded or closed in order to comply with sequestration order, prior to repeal by Pub. L. 102–138, title II, §206(c), Oct. 28, 1991, 105 Stat. 693. See section 1475g of this title.
Redesignation of International Communication Agency as United States Information Agency
Pub. L. 97–241, title III, §303, Aug. 24, 1982, 96 Stat. 291, provided that:
"(a) The International Communication Agency, established by Reorganization Plan Numbered 2 of 1977 [set out as a note below], is hereby redesignated the United States Information Agency. The Director of the International Communication Agency or any other official of the International Communication Agency is hereby redesignated the Director or other official, as appropriate, of the United States Information Agency.
"(b) Any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to the International Communication Agency or the Director or other official of the International Communication Agency shall be deemed to refer respectively to the United States Information Agency or the Director or other official of the United States Information Agency, as so redesignated by subsection (a)."
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.]
Executive Documents
REORGANIZATION PLAN NO. 8 OF 1953
Eff. Aug. 1, 1953, 18 F.R. 4542, 67 Stat. 642, as amended act June 28, 1955, ch. 189, §12(c)(21), 69 Stat. 183; Reorg. Plan No. 2 of 1977, §9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 1, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].
UNITED STATES INFORMATION AGENCY
Section 1. Establishment of Agency
[Superseded. Reorg. Plan No. 2 of 1977, §9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639, set out as a note below. Section was amended by act June 28, 1955, ch. 189, §12(c)(21), 69 Stat. 183 and related to the establishment of the United States Information Agency.]
Sec. 2. Transfer of Functions
(a) Subject to subsection (c) of this section, there are hereby transferred to the Director (1) the functions vested in the Secretary of State by Title V of the United States Information and Educational Exchange Act of 1948, as amended [22 U.S.C. 1461, 1462], and so much of functions with respect to the interchange of books and periodicals and aid to libraries and community centers under sections 202 and 203 of the said Act [22 U.S.C. 1447, 1448] as is an integral part of information programs under that Act [22 U.S.C. 1431–1479], together with so much of the functions vested in the Secretary of State by other provisions of the said Act [22 U.S.C. 1431–1479] as is incidental to or is necessary for the performance of the functions under Title V and sections 202 and 203 transferred by this section, and (2) [Superseded. Reorg. Plan No. 2 of 1977, §9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Paragraph related to functions of the Secretary of State with respect to information programs relating to Germany and Austria.]
(b) [Superseded. Reorg. Plan No. 2 of 1977, §9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Subsection related to the transfer to the Director of functions vested in the Director for Mutual Security by the Mutual Security Act of 1951, as amended, act Oct. 10, 1951, ch. 479, 65 Stat. 373, which related to foreign information programs, as formerly provided for in section 1652 of this title.]
(c)(1) The Secretary of State shall direct the policy and control the content of a program, for use abroad, on official United States positions, including interpretations of current events, identified as official positions by an exclusive descriptive label.
(2) The Secretary of State shall continue to provide to the Director on a current basis full guidance concerning the foreign policy of the United States.
(3) [Superseded. Reorg. Plan No. 2 of 1977, §9(b), 42 F.R. 62461, 91 Stat. 1639. Paragraph provided that nothing in subsec. (c) of this section was to affect the functions of the Secretary of State with respect to conducting negotiations with other governments.]
(d) To the extent the President deems it necessary in order to carry out the functions transferred by the foregoing provisions of this section, he may authorize the Director to exercise, in relation to the respective functions so transferred, any authority or part thereof available by law, including appropriation acts, to the Secretary of State, the Director for Mutual Security, or the Director of the Foreign Operations Administration, in respect of the said transferred functions.
Sec. 3. Performance of Transferred Functions
[Superseded. Reorg. Plan No. 2 of 1977, §9(b), 42 F.R. 62461, 91 Stat. 1639. Section related to the performance of transferred functions.]
Sec. 4. Incidental Transfers
[Superseded. Reorg. Plan No. 2 of 1977, §9(b), 42 F.R. 62461, 91 Stat. 1639. Section related to incidental transfers.]
Sec. 5. Interim Provisions
[Superseded. Reorg. Plan No. 2 of 1977, §9(b), 42 F.R. 62461, 91 Stat. 1639. Section related to interim provisions.]
[The United States Information Agency was abolished and replaced by the International Communication Agency pursuant to Reorg. Plan No. 2 of 1977, set out below, effective on or before July 1, 1978, at such time as specified by the President. The International Communication Agency was redesignated the United States Information Agency by section 303 of Pub. L. 97–241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note above. For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.]
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 8 of 1953, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for the reorganization of foreign information functions. My reasons for proposing this plan are stated in another message transmitted to the Congress today.
After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 8 of 1953 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of officers specified in section 1 of the plan. The rates of compensation fixed for these officers are, respectively, those which I have found to prevail in respect of comparable officers in the executive branch of the Government.
I expect that the improved organizational arrangement provided for in Reorganization Plan No. 8 of 1953 will lead to substantial economies and significantly improved effectiveness of administration. It is not practicable, however, to itemize at this time the reductions in expenditures which will probably be brought about by the taking effect of the reorganizations included in the reorganization plan.
Dwight D. Eisenhower.
REORGANIZATION PLAN NO. 2 OF 1977
42 F.R. 62461, 91 Stat. 1636, as amended Pub. L. 101–246, title II, §204(c), Feb. 16, 1990, 104 Stat. 50; Pub. L. 105–277, div. G, subdiv. A, title XIII, §§1334(b), 1336(6), Oct. 21, 1998, 112 Stat. 2681–786, 2681-790; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title IV, §404(a), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-446, 1501A-447; Pub. L. 107–77, title IV, §407(c), Nov. 28, 2001, 115 Stat. 790
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, October 11, 1977,1 pursuant to the provisions of chapter 9 of title 5 of the United States Code.2
INTERNATIONAL COMMUNICATION AGENCY
Section 1. Establishment of the International Communication Agency
[Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section established the International Communication Agency.]
Sec. 2. Director
[Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section provided for appointment and responsibilities of Director of the Agency.]
Sec. 3. Deputy Director
[Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section provided for appointment and duties of Deputy Director of the Agency.]
Sec. 4. Associate Directors
[Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section provided for appointment, titles, and functions of four Associate Directors of the Agency.]
Sec. 5. Performance of Functions
[Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section provided for establishment of bureaus, offices, divisions, and other units within the Agency and for performance of functions of the Director within the Agency.]
Sec. 6. Negotiations
[Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section authorized Director to conduct negotiations with representatives of foreign states or organizations on matters for which responsibility was vested in the Director or in the Agency.]
Sec. 7. Transfer of Functions
(a) There are hereby transferred to the Director all functions vested in the President, the Secretary of State, the Department of State, the Director of the United States Information Agency, and the United States Information Agency pursuant to the following:
(1) the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1431–1479), except to the extent that any function in sections 302, 401, or 602 [22 U.S.C. 1452, 1456, or 1467] is vested in the President;
(2) the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451–2458a), except for: (A) such functions as are vested by sections 102(b)(6), 102(b)(10), 104(a), 104(e)(1), 104(e)(2), 104(f), 104(g), 105(a), 105(b), 105(c), 106(a), 108 [22 U.S.C. 2452(b)(6), (b)(10), 2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c), 2456(a), 2458]; (B) to the extent that such functions were assigned to the Secretary of Health, Education and Welfare immediately prior to the effective date of this Reorganization Plan, sections 104(b), 105(d)(2), 105(f), 106(d), and 106(f) [22 U.S.C. 2454(b), 2455(d)(2), (f), 2456(d), (f)]; and (C) to the extent that any function therein is vested in the President or the Secretary of State, sections 106(b) and 106(c) [22 U.S.C. 2456(b), (c)].
(3) Public Law 90–494 (22 U.S.C. [former] 929–932, 1221–1234), to the extent that such functions are vested in the Director of the United States Information Agency;
(4) Sections 522(3), 692(1), and 803(a)(4) of the Foreign Service Act of 1946, as amended (22 U.S.C. [former sections] 922(3), 1037a(1), and 1063(a)(4)), to the extent such functions are vested in the Director of the United States Information Agency or in the United States Information Agency.
(5) Section 4 of the United States Information Agency Appropriations Authorization Act of 1973, Public Law 93–168 [Nov. 29, 1973, 87 Stat. 689];
(6)(A) Sections 107(b), 204 and 205 of the Foreign Relations Authorization Act, Fiscal Year 1978, Public Law 95–105, 91 Stat. 844 [Aug. 17, 1977]; and (B) to the extent such functions are vested in the Director of the United States Information Agency, section 203 of the Act;
(7) The Center for Cultural and Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054–2057);
(8) Sections 101(a)(15)(J) and 212(e) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J), 1182(e));
(9) Section 2(a)(1) of Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note);
(10) Section 3(a) of the Arts and Artifacts Indemnity Act (20 U.S.C. 972(a));
(11) Section 7 of the Act of June 15, 1951, c. 138, 65 Stat. 71 ([former] 50 U.S.C. App. 2316);
(12) Section 9(b) of the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 958(b)), to the extent that such functions are vested in the Secretary of State;
(13) Section 112(a) of the Higher Education Act of 1965 (20 U.S.C. [former] 1009(a)), to the extent such functions are vested in the Department of State;
(14) Section 3(b)(1) of the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)(1));
(15) Section 201 of Public Law 89–665, as amended by section 201(5) of Public Law 94–422 ([former] 16 U.S.C. 470i(a)(9));
(16) The third proviso in the twenty-third unnumbered paragraph of title V of Public Law 95–86 (headed "UNITED STATES INFORMATION AGENCY, SALARIES AND EXPENSES"), 91 Stat. 440–41 [Aug. 2, 1977];
(17) The twentieth unnumbered paragraph of title I of Public Law 95–86 (headed "CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND WEST"), 91 Stat. 424;
(18) Sections 4(d)(1)(F), 4(f)(1)(F), 4(g)(1)(F), and 4(h)(1)(F) of the Foreign Service Buildings Act, 1926, as amended (22 U.S.C. 295(d)(1)(F), 295(f)(1)(F), 295(g)(1)(F), and 295(h)(1)(F)); and
(19) Sections 1, 2, and 3 of the Act of July 9, 1949, c. 301, 63 Stat. 408 (22 U.S.C. 2681–2683).
(b) There are hereby transferred to the Director all functions vested in the Assistant Secretary of State for Public Affairs pursuant to Section 2(a) of the John F. Kennedy Center Act (20 U.S.C. 76h(a)).
(c) The Director shall insure that the scholarly integrity and nonpolitical character of educational and cultural exchange activities vested in the Director are maintained.
Sec. 8. Establishment of the United States Advisory Commission on International Communication, Cultural, and Educational Affairs
(a) There is hereby established an advisory commission, to be known as the United States Advisory Commission on International Communication, Cultural and Educational Affairs (the "Commission") [the United States Advisory Commission on Public Diplomacy]. The Commission shall consist of seven members who shall be appointed by the President, by and with the advice and consent of the Senate. The members of the Commission shall represent the public interest and shall be selected from the cross section of educational, communications, cultural, scientific, technical, public service, labor and business and professional backgrounds. Not more than four members shall be from any one political party. The term of each member shall be three years except that of the original seven appointments, two shall be for a term of one year and two shall be for a term of two years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term. Upon the expiration of a member's term of office, such member may continue to serve until a successor is appointed and has qualified. The President shall designate a member to chair the Commission.
(b) The functions now vested in the United States Advisory Commission on Information and in the United States Advisory Commission on International Educational and Cultural Affairs under sections 601 through 603 and 801(6) of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1466–1468, 1471(6)), and under sections 106(b) and 107 of the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2456(b), 2457), respectively, are hereby consolidated and vested in the Commission, as follows:
The Commission shall formulate and recommend to the Director, the Secretary of State, and the President policies and programs to carry out the functions vested in the Director or the Agency, and shall appraise the effectiveness of policies and programs of the Agency. The Commission shall submit to the Congress, the President, the Secretary of State and the Director annual reports on programs and activities carried on by the Agency, including appraisals, where feasible, as to the effectiveness of the several programs. The Commission shall also include in such reports such recommendations as shall have been made by the Commission to the Director for effectuating the purposes of the Agency, and the action taken to carry out such recommendations. The Commission may also submit such other reports to the Congress as it deems appropriate, and shall make reports to the public in the United States and abroad to develop a better understanding of and support for the programs conducted by the Agency. The Commission's reports to the Congress shall include assessments of the degree to which the scholarly integrity and nonpolitical character of the educational and cultural exchange activities vested in the Director have been maintained, and assessments of the attitudes of foreign scholars and governments regarding such activities.
(c) The Commission shall have no authority with respect to the J. William Fulbright Foreign Scholarship Board or the United States National Commission for UNESCO. [As amended Pub. L. 101–246, title II, §204(c), Feb. 16, 1990, 104 Stat. 50; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1334(b), Oct. 21, 1998, 112 Stat. 2681–786; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title IV, §404(a), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-446, 1501A-447; Pub. L. 107–77, title IV, §407(c), Nov. 28, 2001, 115 Stat. 790.]
[Section 6553 of this title provided that the United States Advisory Commission on Public Diplomacy, established under section 8 of Reorganization Plan Numbered 2 of 1977, set out above, was to continue to exist and operate until Oct. 1, 2005.]
[Any provisions of section 8 of Reorg. Plan No. 2 of 1977 inconsistent with 22 U.S.C. 1469 to no longer have legal effect on Jan. 20, 1989, and prohibition limiting membership of individuals from same political party is repealed, see [former] 22 U.S.C. 1469(d).]
[United States Advisory Commission on International Communication, Cultural and Educational Affairs was redesignated the United States Advisory Commission on Public Diplomacy by 22 U.S.C. 1469.]
Sec. 9. Abolitions and Supersessions
(a) The following are hereby abolished:
(1) The United States Information Agency, including the offices of Director, Deputy Director, Deputy Director (Policy and Plans) (5 U.S.C. 5316(67)), Associate Director (Policy and Plans) (5 U.S.C. 5316(103)), and additional offices created by section 1(d) of Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note), of the United States Information Agency, provided that, pending the initial appointment of the Director, Deputy Director and Associate Directors of the Agency their functions shall be performed temporarily, but not for a period in excess of sixty (60) days, by such officers of the Department of State or of the United States Information Agency as the President shall designate;
(2) One of the offices of Assistant Secretary of State provided for in section 1 of the Act of May 26, 1949, c. 143, 63 Stat. 111, as amended (22 U.S.C. 2652), and in section 5315(22) of title 5 of the United States Code;
(3) The United States Advisory Commission on International Educational and Cultural Affairs (22 U.S.C. [former] 2456(b));
(4) The United States Advisory Commission on Information (22 U.S.C. [former] 1466–1468);
(5) All functions vested in or related to the United States Advisory Commission on International Educational and Cultural Affairs and the United States Advisory Commission on Information that are not transferred to the Director by section 7 or consolidated in the Commission by section 8 of this Reorganization Plan;
(6) The Advisory Committee on the Arts, all functions thereof, and all functions relating thereto (22 U.S.C. [former] 2456(c)); and
(7) The functions vested in the Secretary of State by section 3(e) of the Act of August 1, 1956, c. 841, 70 Stat. 890 (22 U.S.C. [former] 2670(e)).
(b) Sections 1, 2(a)(2), 2(b), 2(c)(3), 3, 4, and 5 of Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note) are hereby superseded.
Sec. 10. Other Transfers
So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred or consolidated by this Reorganization Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate department, agency, or commission at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of all agencies, commissions, and offices abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan.
Sec. 11. Effective Date
This Reorganization Plan shall become effective at such time or times, on or before July 1, 1978, as the President shall specify, but not sooner than the earliest time allowable under section 906 of title 5 of the United States Code.
[Amendment to Reorganization Plan No. 2 of 1977 [set out above] by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.]
[Pursuant to Ex. Ord. No. 12048, set out below, this Reorg. Plan is effective July 1, 1978.]
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 2 of 1977 to consolidate certain international communication, educational and cultural, and broadcasting activities of the United States Government. I am acting under the authority vested in me by the Reorganization Act, chapter 9 of title 5 of the United States Code. I am also acting pursuant to section 501 of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95–105), which provides that my recommendations for reorganizing these activities be transmitted by October 31, 1977.
This reorganization will consolidate into a new agency, to be known as the Agency for International Communication, the functions now exercised by the State Department's Bureau of Educational and Cultural Affairs and the United States Information Agency.
The principal aspects of this proposal are:
—The new agency will take over USIA's international communications programs (including the Voice of America) and the international educational and cultural exchange activities now conducted by the Bureau of Educational and Cultural Affairs.
—The agency's Director will be the principal advisor on international information and exchange activities to the President, the National Security Council, and the Secretary of State. Under the direction of the Secretary of State, the Director will have primary responsibility within the Government for the conduct of such activities. The Director, the Deputy Director and the Associate Directors of the new agency will be confirmed by the Senate.
—The two commissions that now advise USIA and the Bureau of Educational and Cultural Affairs will be combined into a single seven-member commission. Members of this nonpartisan commission will be chosen from fields related to the agency's mission. The commissioners will be appointed by the President and confirmed by the Senate.
The purpose of this reorganization is to broaden our informational, educational and cultural intercourse with the world, since this is the major means by which our government can inform others about our country, and inform ourselves about the rest of the world.
The new Agency for International Communication will play a central role in building these two-way bridges of understanding between our people and the other peoples of the world. Only by knowing and understanding each other's experiences can we find common ground on which we can examine and resolve our differences.
The new agency will have two distinct but related goals:
To tell the world about our society and policies—in particular our commitment to cultural diversity and individual liberty.
To tell ourselves about the world, so as to enrich our own culture as well as to give us the understanding to deal effectively with problems among nations.
As the world becomes more and more interdependent, such mutual understanding becomes increasingly vital. The aim of this reorganization, therefore, is a more effective dialogue among peoples of the earth. Americans—mostly immigrants or the descendants of immigrants—are particularly well suited to enter into such an undertaking. We have already learned much from those who have brought differing values, perspectives and experiences to our shores. And we must continue to learn.
Thus the new agency will lay heavy emphasis on listening to others, so as to learn something of their motivations and aspirations, their histories and cultures.
Several principles guided me in shaping this reorganization plan. Among the most important were:
—Maintaining the integrity of the educational and cultural exchange programs is imperative. To this end, the plan retains the Board of Foreign Scholarships, whose strong leadership has done so much to insure the high quality of the educational exchange program. In addition, I intend to nominate an Associate Director who will be responsible for the administration and supervision of educational and cultural functions consolidated in the new Agency. The responsibilities presently exercised by the Department of State in relation to the Center for Technical and Cultural Interchange Between East and West, Inc., will be transferred to the new agency without alteration.
—Keeping the Voice of America's news gathering and reporting functions independent and objective. The Voice's charter, enacted into law in 1976, provides that "VOA news will be accurate, objective, and comprehensive"; that VOA will "present a balanced and comprehensive projection of significant American thought and institutions"; and that VOA will present U.S. policies "clearly and effectively, and will also present responsible discussion and opinion on these policies." Under this Administration, VOA will be solely responsible for the content of news broadcasts—for there is no more valued coin than candor in the international marketplace of ideas. I also plan to nominate an Associate Director who will be responsible for the administration and supervision of the Voice of America.
—The new agency's activities must be straightforward, open, candid, balanced, and representative. They will not be given over to the advancement of the views of any one group, any one party or any one Administration. The agency must not operate in a covert, manipulative, or propagandistic way.
—Rights of U.S. Information Agency and State Department employees must be respected. In the new agency, their career achievements will be recognized and the best possible use made of their professional skills and abilities.
The Director of the new agency will assess and advise on the impact on worldwide public opinion of American foreign policy decisions. The Agency will coordinate the international information, educational, cultural and exchange programs conducted by the U.S. Government and will be a governmental focal point for private U.S. international exchange programs. It will also play a leading role within the U.S. Government in our efforts to remove barriers to the international exchange of ideas and information.
It is not practicable to specify all of the expenditure reductions and other economies that will result from the proposed reorganization, and therefore I do not do so. The reorganization will result in greater efficiency by unifying in Washington the management of programs which are already administered in a consolidated manner in the field. For example, field officers will no longer report to two separate sets of supervisors and headquarters at home.
This plan abolishes the functions of the Advisory Committee on the Arts authorized by section 106(c) of the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2456(c)). Also abolished, as a result of the consolidation of certain functions of the United States Advisory Commission on Information and the United States Advisory Commission on International Educational and Cultural Affairs in the United States Advisory Commission on International Communication, Cultural and Educational Affairs, are the functions authorized by section 603 of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1468) (requiring submission by the United States Advisory Commission on Information of a quarterly report to the Director of USIA and a semiannual report to the Congress). The new commission will report annually and at such other times as it deems appropriate (as does the existing Advisory Commission on International Educational and Cultural Affairs). Since appointments of all members of the new commission will be on a nonpartisan basis, as has been the case with the Advisory Commission on International Educational and Cultural Affairs, the requirement of section 602(a) of the U.S. Information and Educational Exchange Act (22 U.S.C. 1467(a)) that not more than three members of the Advisory Commission on Information shall be of the same political party is abolished.
Various obsolete or superseded functions under Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note), which created the USIA, are superseded by this plan. Finally, the Plan abolishes a provision authorizing the Secretary of State to pay the expenses of transporting the bodies of participants in exchange programs who die away from home, since State no longer will conduct such programs (22 U.S.C. 2670(e)). All functions abolished by the reorganization are done so in compliance with section 903(b) of title 5 of the United States Code.
After investigation, I have found that this reorganization is necessary to carry out the policy set forth in section 901(a) of title 5 of the United States Code. The provisions in this Plan for the appointment and pay of the Director, Deputy Director, and Associate Directors of the Agency have been found by me to be necessary by reason of the reorganization made by the plan and are at a rate applicable to comparable officers in the executive branch.
In presenting this plan, I ask the support of Congress to strengthen and simplify the machinery by which we carry out these important functions of the United States Government.
Such action will make us better able to project the great variety and vitality of American life to those abroad, and to enrich our own lives with a fuller knowledge of the vitality and variety of other societies.
The new Agency for International Communication will help us demonstrate "a decent respect for the opinions of mankind," and to deal intelligently with a world awakening to a new spirit of freedom.
Jimmy Carter.
Ex. Ord. No. 12048. International Communication Agency
Ex. Ord. No. 12048, Mar. 27, 1978, 43 F.R. 13361, as amended by Ex. Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by the Constitution and laws of the United States of America, including Section 11 of Reorganization Plan No. 2 of 1977 (42 FR 62461 (December 13, 1977)) [set out above], Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], and Section 301 of Title 3 of the United States Code, and as President of the United States of America, in order to provide for the establishment of the International Communication Agency, it is hereby ordered as follows:
(b) Section 7(a)(14) of Reorganization Plan No. 2 of 1977, relating to the Woodrow Wilson Memorial Act of 1968 [20 U.S.C. 80e et seq.], shall be effective on July 1, 1978.
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.]
1 Actually transmitted Oct. 12, 1977.
2 As amended Nov. 1, 1977, and Nov. 3, 1977.
§1461–1. Mission of United States Information Agency
The mission of the United States Information Agency shall be to further the national interest by improving United States relations with other countries and peoples through the broadest possible sharing of ideas, information, and educational and cultural activities. In carrying out this mission, the United States Information Agency shall, among other activities—
(1) conduct Government-sponsored information, educational, and cultural activities designed—
(A) to provide other peoples with a better understanding of the policies, values, institutions, and culture of the United States; and
(B) within the statutory limits governing domestic activities of the Agency, to enhance understanding on the part of the Government and people of the United States of the history, culture, attitudes, perceptions, and aspirations of others;
(2) encourage private institutions in the United States to develop their own exchange activities, and provide assistance for those exchange activities which are in the broadest national interest;
(3) coordinate international informational, educational, or cultural activities conducted or planned by departments and agencies of the United States Government;
(4) assist in the development of a comprehensive national policy on international communications; and
(5) promote United States participation in international events relevant to the mission of the Agency.
(Pub. L. 95–426, title II, §202, Oct. 7, 1978, 92 Stat. 972; Pub. L. 97–241, title III, §303(b), Aug. 24, 1982, 96 Stat. 291.)
Editorial Notes
Codification
Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Year 1979, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Transfer of Functions
"United States Information Agency" substituted in text for "International Communication Agency" pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title. United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
Increase in Financial Resources of Agency for Exchange-of-Persons Activities
Pub. L. 95–426, title II, §203, Oct. 7, 1978, 92 Stat. 973, as amended by Pub. L. 97–241, title III, §303(b), Aug. 24, 1982, 96 Stat. 291, required the President, by a process of gradual expansion during the four-year period beginning Oct. 1, 1979, to increase significantly the financial resources expended annually by the United States Information Agency for exchange-of-persons activities.
§1461–1a. Clarification on domestic distribution of program material
(a) In general
No funds authorized to be appropriated to the Department of State or the Broadcasting Board of Governors shall be used to influence public opinion in the United States. This section shall apply only to programs carried out pursuant to the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), and the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). This section shall not prohibit or delay the Department of State or the Broadcasting Board of Governors from providing information about its operations, policies, programs, or program material, or making such available, to the media, public, or Congress, in accordance with other applicable law.
(b) Rule of construction
Nothing in this section shall be construed to prohibit the Department of State or the Broadcasting Board of Governors from engaging in any medium or form of communication, either directly or indirectly, because a United States domestic audience is or may be thereby exposed to program material, or based on a presumption of such exposure. Such material may be made available within the United States and disseminated, when appropriate, pursuant to sections 502 and 1005 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1462 and 1437), except that nothing in this section may be construed to authorize the Department of State or the Broadcasting Board of Governors to disseminate within the United States any program material prepared for dissemination abroad on or before the effective date of section 1078 of the National Defense Authorization Act for Fiscal Year 2013.
(c) Application
The provisions of this section shall apply only to the Department of State and the Broadcasting Board of Governors and to no other department or agency of the Federal Government.
(Pub. L. 99–93, title II, §208, Aug. 16, 1985, 99 Stat. 431; Pub. L. 103–236, title II, §232, Apr. 30, 1994, 108 Stat. 424; Pub. L. 112–239, div. A, title X, §1078(c), Jan. 2, 2013, 126 Stat. 1958.)
Editorial Notes
References in Text
The United States Information and Educational Exchange Act of 1948, referred to in subsec. (a), is act Jan. 27, 1948, ch. 36, 62 Stat. 6, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1431 of this title and Tables.
The United States International Broadcasting Act of 1994, referred to in subsec. (a), is title III of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 432, which is classified principally to chapter 71 (§6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
The Radio Broadcasting to Cuba Act, referred to in subsec. (a), is Pub. L. 98–111, Oct. 4, 1983, 97 Stat. 749, which is classified generally to subchapter V–A (§1465 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1465 of this title and Tables.
The Television Broadcasting to Cuba Act, referred to in subsec. (a), is part D of title II of Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 58, which is classified principally to subchapter V–B (§1465aa et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1465aa of this title and Tables.
For the effective date of section 1078 of the National Defense Authorization Act for Fiscal Year 2013 [Pub. L. 112–239], referred to in subsec. (b), see section 1078(e) of Pub. L. 112–239, set out as an Effective Date of 2013 Amendment note under section 1437 of this title.
Codification
Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
2013—Pub. L. 112–239 amended section generally. Prior to amendment, text read as follows: "Except as provided in section 1461 of this title and this section, no funds authorized to be appropriated to the United States Information Agency shall be used to influence public opinion in the United States, and no program material prepared by the United States Information Agency shall be distributed within the United States. This section shall not apply to programs carried out pursuant to the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.). The provisions of this section shall not prohibit the United States Information Agency from responding to inquiries from members of the public about its operations, policies, or programs."
1994—Pub. L. 103–236 inserted at end "The provisions of this section shall not prohibit the United States Information Agency from responding to inquiries from members of the public about its operations, policies, or programs."
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–239 effective and applicable on the date that is 180 days after Jan. 2, 2013, see section 1078(e) of Pub. L. 112–239, set out as a note under section 1437 of this title.
§1461a. Omitted
Editorial Notes
Codification
Section, act Aug. 31, 1960, Pub. L. 86–678, title IV, 74 Stat. 569, which related to exchange of funds in connection with establishments abroad, was from the Departments of State and Justice, the Judiciary, and Related Agencies Appropriation Act, 1961, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:
July 13, 1959, Pub. L. 86–84, title IV, 73 Stat. 194.
June 30, 1958, Pub. L. 85–474, title IV, 72 Stat. 257.
June 11, 1957, Pub. L. 85–49, title IV, 71 Stat. 68.
June 20, 1956, ch. 414, title IV, 70 Stat. 312.
July 7, 1955, ch. 279, title IV, 69 Stat. 279.
July 2, 1954, ch. 456, title IV, 68 Stat. 432.
§1461b. Indemnification of owners of short-wave radio facilities against loss or damage
Notwithstanding the provisions of sections 1341, 1342, 1349 to 1351 and subchapter II of chapter 15 of title 31, the United States Information Agency is authorized, in making contracts for the use of international shortwave radio stations and facilities, to agree on behalf of the United States to indemnify the owners and operators of said radio stations and facilities from such funds as may be hereafter appropriated for the purpose against loss or damage on account of injury to persons or property arising from such use of said radio stations and facilities.
(Pub. L. 95–431, title V, §501, Oct. 10, 1978, 92 Stat. 1041; Pub. L. 97–241, title III, §303(b), Aug. 24, 1982, 96 Stat. 291.)
Editorial Notes
Codification
"Sections 1341, 1342, and 1349 to 1351 and subchapter II of chapter 15 of title 31" substituted in text for "section 3679 of the Revised Statutes, as amended (31 U.S.C. 665)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Section was enacted as part of appropriation act, cited as the credit to this section, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
Aug. 2, 1977, Pub. L. 95–86, title V, 91 Stat. 441.
July 14, 1976, Pub. L. 94–362, title V, 90 Stat. 960.
Oct. 21, 1975, Pub. L. 94–121, title V, 89 Stat. 639.
Oct. 5, 1974, Pub. L. 93–433, title V, 88 Stat. 1207.
Nov. 27, 1973, Pub. L. 93–162, title V, 87 Stat. 657.
Oct. 25, 1972, Pub. L. 92–544, title V, 86 Stat. 1132.
Aug. 10, 1971, Pub. L. 92–77, title V, 85 Stat. 269.
Oct. 21, 1970, Pub. L. 91–472, title V, 84 Stat. 1062.
Dec. 24, 1969, Pub. L. 91–153, title V, 83 Stat. 425.
Aug. 9, 1968, Pub. L. 90–470, title V, 82 Stat. 690.
Nov. 8, 1967, Pub. L. 90–133, title V, 81 Stat. 433.
Nov. 8, 1966, Pub. L. 89–797, title V, 80 Stat. 1504.
Sept. 2, 1965, Pub. L. 89–164, title V, 79 Stat. 643.
Aug. 31, 1964, Pub. L. 88–527, title V, 78 Stat. 734.
Dec. 30, 1963, Pub. L. 88–245, title V, 77 Stat. 800.
Oct. 18, 1962, Pub. L. 87–843, title V, 76 Stat. 1104.
Sept. 21, 1961, Pub. L. 87–264, title IV, 75 Stat. 557.
Aug. 31, 1960, Pub. L. 86–678, title IV, 74 Stat. 569.
July 13, 1959, Pub. L. 86–84, title IV, 73 Stat. 194.
June 30, 1958, Pub. L. 85–474, title IV, 72 Stat. 257.
June 11, 1957, Pub. L. 85–49, title IV, 71 Stat. 67.
June 20, 1956, ch. 414, title IV, 70 Stat. 312.
July 7, 1955, ch. 279, title IV, 69 Stat. 279.
July 2, 1954, ch. 456, title IV, 68 Stat. 432.
Statutory Notes and Related Subsidiaries
Transfer of Functions
"United States Information Agency" substituted in text for "International Communication Agency" pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title. United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
§1461c. Omitted
Editorial Notes
Codification
Section, Pub. L. 90–470, title V, Aug. 9, 1968, 82 Stat. 690, which related to a one year extension to existing appointments and assignments to the Foreign Service Reserve for foreign information and educational activities which would otherwise have expired, was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:
Nov. 8, 1967, Pub. L. 90–133, title V, 81 Stat. 433.
Nov. 8, 1966, Pub. L. 89–797, title V, 80 Stat. 1504, 1505.
Sept. 2, 1965, Pub. L. 89–164, title V, 79 Stat. 643.
Aug. 31, 1964, Pub. L. 88–527, title V, 78 Stat. 734.
Dec. 30, 1963, Pub. L. 88–245, title V, 77 Stat. 800.
Oct. 18, 1962, Pub. L. 87–843, title V, 76 Stat. 1104.
Sept. 21, 1961, Pub. L. 87–264, title IV, 75 Stat. 558.
Aug. 31, 1960, Pub. L. 86–678, title IV, 74 Stat. 569.
July 13, 1959, Pub. L. 86–84, title IV, 73 Stat. 194.
June 30, 1958, Pub. L. 85–474, title IV, 72 Stat. 258.
June 11, 1957, Pub. L. 85–49, title IV, 71 Stat. 68.
June 20, 1956, ch. 414, title IV, 70 Stat. 312.
July 7, 1955, ch. 279, title IV, 69 Stat. 279.
July 2, 1954, ch. 456, title IV, 68 Stat. 432.
§1462. Policies governing information activities
In authorizing international information activities under this chapter, it is the sense of the Congress (1) that the Secretary and the Broadcasting Board of Governors shall reduce such Government information activities whenever corresponding private information dissemination is found to be adequate; (2) that nothing in this chapter shall be construed to give the Department or the Broadcasting Board of Governors a monopoly in the production or sponsorship on the air of short-wave broadcasting programs, or a monopoly in any other medium of information.
(Jan. 27, 1948, ch. 36, title V, §502, 62 Stat. 10; Pub. L. 112–239, div. A, title X, §1078(d)(1), Jan. 2, 2013, 126 Stat. 1958.)
Editorial Notes
Amendments
2013—Pub. L. 112–239 inserted "and the Broadcasting Board of Governors" after "Secretary" and "or the Broadcasting Board of Governors" after "Department".
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–239 effective and applicable on the date that is 180 days after Jan. 2, 2013, see section 1078(e) of Pub. L. 112–239, set out as a note under section 1437 of this title.
§1463. Repealed. Pub. L. 103–236, title III, §315(a), Apr. 30, 1994, 108 Stat. 445
Section, act Jan. 27, 1948, ch. 36, title V, §503, as added July 12, 1976, Pub. L. 94–350, title II, §206, 90 Stat. 831; amended 1977 Reorg. Plan No. 2, §§5, 7(a)(1), 42 F.R. 62461, 91 Stat. 1636, 1637; Aug. 24, 1982, Pub. L. 97–241, title III, §303(b), 96 Stat. 291, related to principles governing communications of Voice of America broadcasts.
§1464. Voice of America/Europe
As part of its duties and programs under this subchapter, Voice of America/Europe shall—
(1) target news and features in accordance with the findings and recommendations of the Young European Survey;
(2) conduct periodic audience evaluations and measurements; and
(3) promote and advertise Voice of America/Europe.
(Jan. 27, 1948, ch. 36, title V, §504, as added Pub. L. 100–204, title IV, §402, Dec. 22, 1987, 101 Stat. 1381.)
§1464a. Broadcasting Board of Governors satellite and television
(a) In general
The Broadcasting Board of Governors is authorized to lease or otherwise acquire time on commercial or United States Government satellites for the purpose of transmitting materials and programs to posts and other users abroad.
(b) Broadcast principles
The Congress finds that the long-term interests of the United States are served by communicating directly with the peoples of the world by television. To be effective, the Broadcasting Board of Governors must win the attention and respect of viewers. These principles will therefore govern the television broadcasts of the United States International Television Service:
(1) The United States International Television Service will serve as a consistently reliable and authoritative source of news. The United States International Television Service news will be accurate and objective.
(2) The United States International Television Service will represent the United States, not any single segment of American society and will, therefore, present a balanced and comprehensive projection of significant American thought and institutions.
(3) The United States International Television Service will present the policies of the United States clearly and effectively and will also present responsible discussions and opinion on these policies.
(c) Programs
The Broadcasting Board of Governors is authorized to produce, acquire, or broadcast television programs, via satellite, only if such programs—
(1) are interactive, consisting of interviews among participants in different locales;
(2) cover news, public affairs, or other current events;
(3) cover official activities of government, Federal or State, including congressional proceedings and news briefings of any agency of the Executive branch; or
(4) are of an artistic or scientific character or are otherwise representative of American culture.
(d) Costs
When a comparable program produced by United States public or commercial broadcasters and producers is available at a cost which is equal to or less than the cost of production by the United States International Television Service, the Broadcasting Board of Governors shall use such materials in preference to the United States International Television Service produced materials.
(e) Allocation of funds
(1) Of the funds authorized to be appropriated to the Broadcasting Board of Governors not more than $12,000,000 for the fiscal year 1990 and not more than $12,480,000 for the fiscal year 1991 may be obligated or expended for the United States International Television Service.
(2) The Broadcasting Board of Governors shall prepare and submit to the Congress quarterly reports which contain a detailed explanation of expenditures for the United States International Television Service during the fiscal years 1990 and 1991. Such reports shall contain specific justification and supporting information pertaining to all programs, particularly those described in subsection (c)(4), that were produced in-house by the United States International Television Service. Each such report shall include a statement by the Broadcasting Board of Governors that, according to the best information available to the Broadcasting Board of Governors, no comparable United States commercially-produced or public television program is available at a cost which is equal to or less than the cost of production by the United States International Television Service.
(3) Of the funds authorized to be appropriated to the Broadcasting Board of Governors, $1,500,000 for the fiscal year 1990 and $1,500,000 for the fiscal year 1991 shall be available only for the purchase or use of programs produced with grants from the Corporation for Public Broadcasting or produced by United States public broadcasters.
(Jan. 27, 1948, ch. 36, title V, §505, as added Pub. L. 101–246, title II, §205(a), Feb. 16, 1990, 104 Stat. 50; amended Pub. L. 105–277, div. G, subdiv. A, title XIII, §1335(a)(1), Oct. 21, 1998, 112 Stat. 2681–786.)
Editorial Notes
Amendments
1998—Subsec. (a). Pub. L. 105–277, §1335(a)(1)(A), substituted "Broadcasting Board of Governors" for "Director of the United States Information Agency".
Subsec. (b). Pub. L. 105–277, §1335(a)(1)(B), (C)(i), in introductory provisions, substituted "Broadcasting Board of Governors" for "United States Information Agency" and "television broadcasts of the United States International Television Service" for "Agency's television broadcasts (hereinafter in this section referred to as 'USIA–TV')".
Subsec. (b)(1) to (3). Pub. L. 105–277, §1335(a)(1)(C)(ii), substituted "The United States International Television Service" for "USIA–TV", wherever appearing.
Subsec. (c). Pub. L. 105–277, §1335(a)(1)(A), substituted "Broadcasting Board of Governors" for "Director of the United States Information Agency" in introductory provisions.
Subsec. (d). Pub. L. 105–277, §1335(a)(1)(A), (D), substituted "Broadcasting Board of Governors" for "Director of the United States Information Agency" and substituted "the United States International Television Service" for "USIA–TV" in two places.
Subsec. (e)(1). Pub. L. 105–277, §1335(a)(1)(B), (D), substituted "Broadcasting Board of Governors" for "United States Information Agency" and "the United States International Television Service" for "USIA–TV".
Subsec. (e)(2). Pub. L. 105–277, §1335(a)(1)(D), substituted "the United States International Television Service" for "USIA–TV", wherever appearing.
Pub. L. 105–277, §1335(a)(1)(A), (B), in first sentence, substituted "Broadcasting Board of Governors" for "United States Information Agency", and in last sentence, substituted "Broadcasting Board of Governors" for "Director of the United States Information Agency" after "statement by the" and for "United States Information Agency" after "available to the".
Subsec. (e)(3). Pub. L. 105–277, §1335(a)(1)(B), substituted "Broadcasting Board of Governors" for "United States Information Agency".
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
Television Service of USIA
Pub. L. 100–204, title II, §207, Dec. 22, 1987, 101 Stat. 1374, which provided that the television and film service of the United States Information Agency was to operate under same criteria and conditions as specified for Voice of America by section 1463 of this title, was repealed by Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(7), Oct. 21, 1998, 112 Stat. 2681–790.
§1464b. Voice of America hiring practices
(a) Prohibition
After February 16, 1990, the Voice of America shall not select candidates for employment who must be or are preapproved for employment at the Voice of America by a foreign government or an entity controlled by a foreign government.
(b) Exception
The prohibition referred to in this section shall not apply to—
(1) participants in the Voice of America's exchange programs; or
(2) clerical, technical, or maintenance staff at Voice of America offices in foreign countries.
(c) Report
If the Broadcasting Board of Governors determines that the prohibition under subsection (a) would require the termination of a specific Voice of America foreign language service, then, not less than 90 days before the Board begins to recruit such candidates, the Board shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report concerning—
(1) the number and location of speakers of the applicable foreign language who could be recruited by the Voice of America without violating this section; and
(2) the efforts made by the Voice of America to recruit such individuals for employment.
(Jan. 27, 1948, ch. 36, title V, §506, as added Pub. L. 101–246, title II, §232, Feb. 16, 1990, 104 Stat. 57; amended Pub. L. 105–277, div. G, subdiv. A, title XIII, §1335(a)(2), Oct. 21, 1998, 112 Stat. 2681–787.)
Editorial Notes
Amendments
1998—Subsec. (c). Pub. L. 105–277, in introductory provisions, substituted "Broadcasting Board of Governors" for "Director of the United States Information Agency", "Board begins" for "Agency begins", and "Board shall" for "Director shall".
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
SUBCHAPTER V–A—RADIO BROADCASTING TO CUBA
Repeal of Subchapter
Subchapter repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
§1465. Congressional findings and declaration of purposes
The Congress finds and declares—
(1) that it is the policy of the United States to support the right of the people of Cuba to seek, receive, and impart information and ideas through any media and regardless of frontiers, in accordance with article 19 of Universal Declaration of Human Rights;
(2) that, consonant with this policy, radio broadcasting to Cuba may be effective in furthering the open communication of accurate information and ideas to the people of Cuba, in particular information about Cuba;
(3) that such broadcasting to Cuba, operated in a manner not inconsistent with the broad foreign policy of the United States and in accordance with high professional standards, would be in the national interest; and
(4) that the Voice of America already broadcasts to Cuba information that represents America, not any single segment of American society, and includes a balanced and comprehensive projection of significant American thought and institutions but that there is a need for broadcasts to Cuba which provide news, commentary and other information about events in Cuba and elsewhere to promote the cause of freedom in Cuba.
(Pub. L. 98–111, §2, Oct. 4, 1983, 97 Stat. 749.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
Codification
Section was enacted as part of the Radio Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 98–111, §1, Oct. 4, 1983, 97 Stat. 749, provided: "That this Act [enacting this subchapter] may be cited as the 'Radio Broadcasting to Cuba Act'."
§1465a. Additional functions of Broadcasting Board of Governors
(a) Radio broadcasting to Cuba
In order to carry out the objectives set forth in section 1465 of this title, the Broadcasting Board of Governors (hereafter in this subchapter referred to as the "Board") shall provide for the open communication of information and ideas through the use of radio broadcasting to Cuba. Radio broadcasting to Cuba shall serve as a consistently reliable and authoritative source of accurate, objective, and comprehensive news.
(b) Broadcasting as part of Voice of America
Radio broadcasting in accordance with subsection (a) shall be part of the Voice of America radio broadcasting to Cuba and shall be in accordance with all Voice of America standards to ensure the broadcast of programs which are objective, accurate, balanced, and which present a variety of views.
(c) Location of broadcast facilities; frequency; leased time from nongovernmental shortwave stations
Radio broadcasting to Cuba authorized by this subchapter shall utilize the broadcasting facilities located at Marathon, Florida, and the 1180 AM frequency that were used by the Voice of America prior to October 4, 1983. Other frequencies, not on the commercial Amplitude Modulation (AM) Band (535 kHz to 1605 kHz), may also be simultaneously utilized: Provided, That no frequency shall be used for radio broadcasts to Cuba in accordance with this subchapter which is not also used for all other Voice of America broadcasts to Cuba. Time leased from nongovernmental shortwave radio stations may be used to carry all or part of the Service programs and to rebroadcast Service programs: Provided, That not less than 30 per centum of the programs broadcast or rebroadcast shall be regular Voice of America broadcasts with particular emphasis on news and programs meeting the requirements of section 1463(2) 1 of this title.
(d) Changes in frequencies to other AM bands; jamming and interference
Notwithstanding subsection (c), in the event that broadcasts to Cuba on the 1180 AM frequency are subject to jamming or interference greater by 25 per centum or more than the average daily jamming or interference in the twelve months preceding September 1, 1983, the Broadcasting Board of Governors may lease time on commercial or noncommercial educational AM band radio broadcasting stations. The Federal Communications Commission shall determine levels of jamming and interference by conducting regular monitoring of the 1180 AM frequency. In the event that more than two hours a day of time is leased, not less than 30 per centum of the programing broadcast shall be regular Voice of America broadcasts with particular emphasis on news and programs meeting the requirements of section 1463(2) 1 of this title.
(e) Voice of America: Cuba Service; Voice of America: Radio Marti program
Any program of United States Government radio broadcasts to Cuba authorized by this section shall be designated "Voice of America: Cuba Service" or "Voice of America: Radio Marti program".
(f) Use of other facilities
In the event broadcasting facilities located at Marathon, Florida, are rendered inoperable by natural disaster or by unlawful destruction, the Broadcasting Board of Governors may, for the period in which the facilities are inoperable but not to exceed one hundred and fifty days, use other United States Government-owned transmission facilities for Voice of America broadcasts to Cuba authorized by this subchapter.
(Pub. L. 98–111, §3, Oct. 4, 1983, 97 Stat. 749; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1324(1)–(3), Oct. 21, 1998, 112 Stat. 2681–780, 2681-781.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
References in Text
Section 1463 of this title, referred to in subsecs. (c) and (d), was repealed by Pub. L. 103–236, title III, §315(a), Apr. 30, 1994, 108 Stat. 445.
Codification
Section was enacted as part of the Radio Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1998—Subsec. (a). Pub. L. 105–277, §1324(1), (2), substituted "Broadcasting Board of Governors" for "United States Information Agency" and "Board" for "Agency".
Subsecs. (d), (f). Pub. L. 105–277, §1324(3), substituted "the Broadcasting Board of Governors" for "the Director of the United States Information Agency".
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
1 See References in Text note below.
§1465b. Cuba Service
The Broadcasting Board of Governors shall establish within the International Broadcasting Bureau a Cuba Service (hereafter in this section referred to as the "Service"). The Service shall be responsible for all radio broadcasts to Cuba authorized by section 1465a of this title. The Broadcasting Board of Governors shall appoint a head of the Service and shall employ such staff as the head of the Service may need to carry out his duties. The Cuba Service shall be administered separately from other Voice of America functions and the head of the Cuba Service shall report directly to the Board 1 of the International Broadcasting Bureau.
(Pub. L. 98–111, §4, Oct. 4, 1983, 97 Stat. 750; Pub. L. 103–236, title III, §305(e)(1), formerly §305(d)(1), Apr. 30, 1994, 108 Stat. 436; Pub. L. 105–277, div. G, subdiv. A, title XIII, §§1323(f)(1), 1324(3), (4), (6), Oct. 21, 1998, 112 Stat. 2681–779, 2681-781.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
Codification
Section was enacted as part of the Radio Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1998—Pub. L. 105–277, §1324(6), substituted "Board" for "Director" in last sentence.
Pub. L. 105–277, §1324(4), which directed the amendment of this section by substituting "the International Broadcasting Bureau" for "the Voice of America", was executed by making the substitution for text in two places to reflect the probable intent of Congress.
Pub. L. 105–277, §1324(3), which directed the substitution of "the Broadcasting Board of Governors" for "the Director of the United States Information Agency" each place it appears, was executed by substituting "Broadcasting Board of Governors" for "Director of the United States Information Agency" in two places, to reflect the probable intent of Congress.
1994—Pub. L. 103–236 substituted "of the Voice of America" for "and the Associate Director for Broadcasting of the United States Information Agency".
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
Prohibitions
Pub. L. 114–323, title VII, §703(b), Dec. 16, 2016, 130 Stat. 1941, as amended by Pub. L. 115–94, §11, Dec. 18, 2017, 131 Stat. 2040, provided that:
"(1)
"(A) the Cuba Service established pursuant to section 4 of the Radio Broadcasting to Cuba Act (22 U.S.C. 1465b; Public Law 98–111) is prohibited unless such section is explicitly repealed and such service is dissolved by an Act of Congress enacted on or after the date of the enactment of this Act [Dec. 16, 2016]; and
"(B) the Television Marti Service established by section 244(a) of Television Broadcasting to Cuba Act (22 U.S.C. 1465cc; Public Law 101–246) is prohibited unless such section is explicitly repealed and such service is dissolved by an Act of Congress enacted on or after the date of the enactment of this Act.
"(2)
1 So in original. There is no Board of the International Broadcasting Bureau.
§1465c. Advisory Board for Cuba Broadcasting
(a) Establishment; membership; chairperson
There is established within the Office of the President the Advisory Board for Cuba Broadcasting (in this subchapter 1 referred to as the "Advisory Board"). The Advisory Board shall consist of nine members, appointed by the President by and with the advice and consent of the Senate, of whom not more than five shall be members of the same political party. The President shall designate one member of the Advisory Board to serve as chairperson.
(b) Review; recommendations
The Advisory Board shall review the effectiveness of the activities carried out under this subchapter and the Television Broadcasting to Cuba Act [22 U.S.C. 1465aa et seq.] and shall make recommendations to the President and the Broadcasting Advisory 2 Board of Governors as it may consider necessary.
(c) Terms; vacancies
In appointing the initial voting members of the Advisory Board, the President shall designate three members to serve for a term of three years, three members to serve for a term of two years, and three members to serve for a term of one year. Thereafter, the term of each member of the Advisory Board shall be three years. The President shall appoint, by and with the advice and consent of the Senate, members to fill vacancies occurring prior to the expiration of a term, in which case the members so appointed shall serve for the remainder of such term. Any member whose term has expired may serve until his successor has been appointed and qualified.
(d) Ex officio members
The head of the Cuba Service and the head of the Television Marti Service shall serve, ex officio, as members of the Advisory Board.
(e) Compensation; travel expenses
Members of the Advisory Board appointed by the President shall, while attending meetings of the Advisory Board or while engaged in duties relating to such meetings or in other activities of the Advisory Board pursuant to this section, including traveltime, be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level V of the Executive Schedule under section 5316 of title 5. While away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. The ex officio members of the Advisory Board shall not be entitled to any compensation under this section, but may be allowed travel expenses as provided in the preceding sentence.
(f) Procurement powers of Advisory Board
The Advisory Board may, to the extent it deems necessary to carry out its functions under this section, procure supplies, services, and other personal property, including specialized electronic equipment.
(g) Indefinite life span of Advisory Board
Notwithstanding any other provision of law, the Advisory Board shall remain in effect indefinitely.
(h) Authorization of appropriations
There are authorized to be appropriated $130,000 to carry out the provisions of this section.
(Pub. L. 98–111, §5, Oct. 4, 1983, 97 Stat. 750; Pub. L. 101–246, title II, §245(a), Feb. 16, 1990, 104 Stat. 61; Pub. L. 103–236, title III, §305(e)(2), formerly §305(d)(2), Apr. 30, 1994, 108 Stat. 436; Pub. L. 105–277, div. G, subdiv. A, title XIII, §§1323(f)(1), 1324(5), Oct. 21, 1998, 112 Stat. 2681–779, 2681-781.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a), was in the original "this division", and was translated as reading "this Act", meaning Pub. L. 98–111, which enacted this subchapter, to reflect the probable intent of Congress.
The Television Broadcasting to Cuba Act, referred to in subsec. (b), is part D of title II of Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 58, which is classified principally to subchapter V–B (§1465aa et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1465aa of this title and Tables.
Codification
Section was enacted as part of the Radio Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1998—Subsec. (a). Pub. L. 105–277, §1324(5), substituted "There is established within the Office of the President the Advisory Board for Cuba Broadcasting (in this division referred to as the 'Advisory Board')." for "There is established within the Office of the President the Advisory Board for Cuba Broadcasting (hereafter in this subchapter referred to as the 'Board').", and substituted "Advisory Board" for "Board" in two places.
Subsecs. (b) to (g). Pub. L. 105–277, §1324(5)(A), substituted "Advisory Board" for "Board" wherever appearing.
1994—Subsec. (b). Pub. L. 103–236 substituted "Broadcasting Board of Governors" for "Director and Associate Director for Broadcasting of the United States Information Agency".
1990—Pub. L. 101–246, §245(a)(1), substituted "Cuba Broadcasting" for "Radio Broadcasting to Cuba" in section catchline.
Subsec. (a). Pub. L. 101–246, §245(a)(2), amended subsec. (a) generally, substituting "Cuba Broadcasting" for "Radio Broadcasting to Cuba" and "to serve as chairperson" for "to serve as Chairman".
Subsec. (b). Pub. L. 101–246, §245(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The Board shall review the effectiveness of the activities carried out under this subchapter and shall make such recommendations to the President, the Director and the Associate Director for Broadcasting of the United States Information Agency as it may deem necessary."
Subsec. (d). Pub. L. 101–246, §245(a)(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The head of the Service shall serve, ex officio, as a member of the Board."
Subsec. (e). Pub. L. 101–246, §245(a)(4), substituted "The ex officio members" for "The ex officio member".
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
Former References to Advisory Board for Radio Broadcasting to Cuba
Pub. L. 101–246, title II, §245(b), Feb. 16, 1990, 104 Stat. 61, provided that: "A reference in any provision of law to the 'Advisory Board for Radio Broadcasting to Cuba' shall be considered to be a reference to the 'Advisory Board for Cuba Broadcasting'."
Continued Service of Board Members
Pub. L. 101–246, title II, §245(c), Feb. 16, 1990, 104 Stat. 61, provided that: "Each member of the Advisory Board for Radio Broadcasting to Cuba as in existence on the day before the effective date of the amendment made by subsection (a) [Feb. 16, 1990] shall continue to serve for the remainder of the term to which such member was appointed as a member of the Advisory Board for Cuba Broadcasting."
Staff Director
Pub. L. 101–246, title II, §245(d), Feb. 16, 1990, 104 Stat. 62, as amended by Pub. L. 105–277, div. G, subdiv. A, title XIII, §1325(5), Oct. 21, 1998, 112 Stat. 2681–782, provided that: "The Advisory Board shall have a staff director who shall be appointed by the Chairperson of the Advisory Board for Cuba Broadcasting."
1 See References in Text note below.
2 So in original. The word "Advisory" probably should not appear.
§1465d. Assistance from other government agencies
(a) In order to assist the Broadcasting Board of Governors in carrying out the purposes set forth in section 1465 of this title, any agency or instrumentality of the United States may sell, loan, lease, or grant property (including interests therein) and may perform administrative and technical support and services at the request of the Board. Support and services shall be provided on a reimbursable basis. Any reimbursement shall be credited to the appropriation from which the property, support, or services was derived.
(b) The Board may carry out the purposes of section 1465a of this title by means of grants, leases, or contracts (subject to the availability of appropriations), or such other means as the Board determines will be most effective.
(Pub. L. 98–111, §6, Oct. 4, 1983, 97 Stat. 751; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1324(1), (2), Oct. 21, 1998, 112 Stat. 2681–781.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
Codification
Section was enacted as part of the Radio Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1998—Subsec. (a). Pub. L. 105–277 substituted "Broadcasting Board of Governors" for "United States Information Agency" and "Board" for "Agency".
Subsec. (b). Pub. L. 105–277, §1324(2), substituted "Board" for "Agency" in two places.
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
§1465e. Compensation for Cuban interference with broadcasting in United States
(a) Interim assistance to United States broadcasters
It is the intent of the Congress that the Secretary of State should seek prompt and full settlement of United States claims against the Government of Cuba arising from Cuban interference with broadcasting in the United States. Pending the settlement of these claims, it is appropriate to provide some interim assistance to the United States broadcasters who are adversely affected by Cuban radio interference and who seek to assert their right to measures to counteract the effects of such interference.
(b) Money payments pursuant to authority from Federal Communications Commission
Accordingly, the Board may make payments to the United States radio broadcasting station licensees upon their application for expenses which they have incurred before, on, or after October 4, 1983, in mitigating, pursuant to special temporary authority from the Federal Communications Commission, the effects of activities by the Government of Cuba which directly interfere with the transmission or reception of broadcasts by these licensees. Such expenses shall be limited to the costs of equipment replaced (less depreciation) and associated technical and engineering costs.
(c) Regulations and procedures
The Federal Communications Commission shall issue such regulations and establish such procedures for carrying out this section as the Federal Communications Commission finds appropriate. Such regulations shall be issued no later than one hundred and eighty days after October 4, 1983.
(d) Authorization of appropriations
There are authorized to be appropriated to the Board, $5,000,000 for use in compensating United States radio broadcasting licensees pursuant to this section. Amounts appropriated under this section are authorized to be available until expended.
(e) Four-year availability for appropriated funds
Funds appropriated for implementation of this section shall be available for a period of no more than four years following the initial broadcast occurring as a result of programs described in this subchapter.
(f) Presidential task force
It is the sense of the Congress that the President should establish a task force to analyze the level of interference from the operation of Cuban radio stations experienced by broadcasters in the United States and to seek a practical political and technical solution to this problem.
(g) Effective Date
This section shall enter into effect on October 1, 1984.
(Pub. L. 98–111, §7, Oct. 4, 1983, 97 Stat. 752; Pub. L. 98–411, title V, §512, Aug. 30, 1984, 98 Stat. 1574; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1324(2), Oct. 21, 1998, 112 Stat. 2681–781.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
Codification
Section was enacted as part of the Radio Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1998—Subsecs. (b), (d). Pub. L. 105–277 substituted "Board" for "Agency".
1984—Subsec. (b). Pub. L. 98–411 substituted "replaced (less" for "(replaced less".
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
§1465f. Authorization of appropriations
(a) There are authorized to be appropriated for the Broadcasting Board of Governors $14,000,000 for fiscal year 1984 and $11,000,000 for fiscal year 1985 to carry out sections 1465a and 1465b of this title. The amount obligated by the Broadcasting Board of Governors in ensuing fiscal years shall be sufficient to maintain broadcasts to Cuba under this subchapter at rates no less than the fiscal year 1985 level.
(b) In addition to amounts otherwise authorized to be appropriated to the Board for the fiscal years 1984 and 1985, there are authorized to be appropriated to the Board $54,800,000 for the fiscal year 1984 and $54,800,000 for the fiscal year 1985, which amounts shall be available only for expenses incurred by essential modernization of the facilities and operations of the Voice of America.
(c) Amounts appropriated under this section are authorized to be made available until expended.
(Pub. L. 98–111, §8, Oct. 4, 1983, 97 Stat. 752; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1324(1), (2), Oct. 21, 1998, 112 Stat. 2681–781.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
Codification
Section was enacted as part of the Radio Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1998—Subsec. (a). Pub. L. 105–277, §1324(1), substituted "Broadcasting Board of Governors" for "United States Information Agency" in two places.
Subsec. (b). Pub. L. 105–277, §1324(2), substituted "Board" for "Agency" in two places.
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
§1465g. Repealed. Pub. L. 103–236, title I, §139(9), Apr. 30, 1994, 108 Stat. 398
Section, Pub. L. 98–111, §9, Oct. 4, 1983, 97 Stat. 753, directed United States Information Agency to arrange for independent evaluations of Cuba Service programing for submission to Congress.
SUBCHAPTER V–B—TELEVISION BROADCASTING TO CUBA
Repeal of Subchapter
Subchapter repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
§1465aa. Findings and purposes
The Congress finds and declares that—
(1) it is the policy of the United States to support the right of the people of Cuba to seek, receive, and impart information and ideas through any media and regardless of frontiers, in accordance with article 19 of the Universal Declaration of Human Rights;
(2) consonant with this policy, television broadcasting to Cuba may be effective in furthering the open communication of accurate information and ideas to the people of Cuba and, in particular, information about Cuba;
(3) television broadcasting to Cuba, operated in a manner not inconsistent with the broad foreign policy of the United States and in accordance with high professional standards, would be in the national interest;
(4) facilities broadcasting television programming to Cuba must be operated in a manner consistent with applicable regulations of the Federal Communications Commission, and must not affect the quality of domestic broadcast transmission or reception; and
(5) that 1 the Voice of America already broadcasts to Cuba information that represents America, not any single segment of American society, and includes a balanced and comprehensive projection of significant American thought and institutions, but that there is a need for television broadcasts to Cuba which provide news, commentary, and other information about events in Cuba and elsewhere to promote the cause of freedom in Cuba.
(Pub. L. 101–246, title II, §242, Feb. 16, 1990, 104 Stat. 58.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
Codification
Section was enacted as part of the Television Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 101–246, title II, §241, Feb. 16, 1990, 104 Stat. 58, provided that: "This part [part D (§§241–248) of title II of Pub. L. 101–246, enacting this subchapter, amending section 1465c of this title, and enacting provisions set out as notes under section 1465c of this title] may be cited as the 'Television Broadcasting to Cuba Act'."
1 So in original. The word "that" probably should not appear.
§1465bb. Television broadcasting to Cuba
(a) Television broadcasting to Cuba
In order to carry out the purposes set forth in section 1465aa of this title and notwithstanding the limitation of section 1461 of this title with respect to the dissemination in the United States of information prepared for dissemination abroad to the extent such dissemination is inadvertent, the Broadcasting Board of Governors (hereafter in this subchapter referred to as the "Agency" shall provide for the open communication of information and ideas through the use of television broadcasting to Cuba. Television broadcasting to Cuba shall serve as a consistently reliable and authoritative source of accurate, objective, and comprehensive news.
(b) Voice of America standards
Television broadcasting to Cuba under this subchapter shall be in accordance with all Voice of America standards to ensure the broadcast of programs which are objective, accurate, balanced, and which present a variety of views.
(c) Television Marti
Any program of United States Government television broadcasts to Cuba authorized by this section shall be designated the "Television Marti Program".
(d) Frequency assignment
(1) Subject to the Communications Act of 1934 [47 U.S.C. 151 et seq.], the Federal Communications Commission shall assign by order a suitable frequency to further the national interests expressed in this subchapter, except that no such assignment shall result in objectionable interference with the broadcasts of any domestic licensee.
(2) No Federal branch or agency shall compel an incumbent domestic licensee to change its frequency in order to eliminate objectionable interference caused by broadcasting of the Service.
(3) For purposes of section 305 of the Communications Act of 1934 [47 U.S.C. 305], a television broadcast station established for purposes of this subchapter shall be treated as a government station, but the Federal Communications Commission shall exercise the authority of the President under such section to assign a frequency to such station.
(e) Interference with domestic broadcasting
(1) Broadcasting by the Television Marti Service shall be conducted in accordance with such parameters as shall be prescribed by the Federal Communications Commission to preclude objectionable interference with the broadcasts of any domestic licensee. The Television Marti Service shall be governed by the same standards regarding objectionable interference as any domestic licensee. The Federal Communications Commission shall monitor the operations of television broadcasting to Cuba pursuant to subsection (f). If, on the basis of such monitoring or a complaint from any person, the Federal Communications Commission determines, in its discretion, that broadcasting by the Television Marti Service is causing objectionable interference with the transmission or reception of the broadcasts of a domestic licensee, the Federal Communications Commission shall direct the Television Marti Service to cease broadcasting and to eliminate the objectionable interference. Broadcasts by the Service shall not be resumed until the Federal Communications Commission finds that the objectionable interference has been eliminated and should not recur.
(2) The Federal Communications Commission shall take such actions as are necessary and appropriate to assist domestic licensees in overcoming the adverse effects of objectionable interference caused by broadcasting by the Television Marti Service. Such assistance may include the authorization of nondirectional increases in the effective radiated power of a domestic television station so that its coverage is equivalent to the maximum allowable for such facilities, to avoid any adverse effect on such stations of the broadcasts of the Television Marti Service.
(3) If the Federal Communications Commission directs the Television Marti Service to cease broadcasting pursuant to paragraph (1), the Commission shall, as soon as practicable, notify the appropriate committees of Congress of such action and the reasons therefor. The Federal Communications Commission shall continue to notify the appropriate committees of Congress of progress in eliminating the objectionable interference and shall assure that Congress is fully informed about the operation of the Television Marti Service.
(f) Monitoring of interference
The Federal Communications Commission shall continually monitor and periodically report to the appropriate committees of the Congress interference to domestic broadcast licensees—
(1) from the operation of Cuban television and radio stations; and
(2) from the operations of the television broadcasting to Cuba.
(g) Task force
It is the sense of the Congress that the President should establish a task force to analyze the level of interference from the operation of Cuban television and radio stations experienced by broadcasters in the United States and to seek a practical political and technical solution to this problem.
(Pub. L. 101–246, title II, §243, Feb. 16, 1990, 104 Stat. 59; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1325(1), (2), Oct. 21, 1998, 112 Stat. 2681–781.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
References in Text
The Communications Act of 1934, referred to in subsec. (d)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§151 et seq.) of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
Codification
Section was enacted as part of the Television Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1998—Subsec. (a). Pub. L. 105–277, §1325(1), substituted "Broadcasting Board of Governors" for "United States Information Agency".
Subsec. (c). Pub. L. 105–277, §1325(2), in heading struck out "USIA" before "Television" and in text substituted "the 'Television" for " 'USIA Television".
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (f) of this section is listed on page 167), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
§1465cc. Television Marti Service
(a) Television Marti Service
There is within the Voice of America a Television Marti Service. The Service shall be responsible for all television broadcasts to Cuba authorized by this subchapter. The Broadcasting Board of Governors shall appoint a head of the Service who shall report directly to the International Broadcasting Bureau. The head of the Service shall employ such staff as the head of the Service may need to carry out the duties of the Service.
(b) Use of existing facilities of Board
To assure consistency of presentation and efficiency of operations in conducting the activities authorized under this subchapter, the Television Marti Service shall make maximum feasible utilization of Board facilities and management support, including Voice of America: Cuba Service, Voice of America, and the United States International Television Service.
(c) Authority
The Board may carry out the purposes of this subchapter by means of grants, leases, or contracts (subject to the availability of appropriations), or such other means as the Board determines will be most effective.
(Pub. L. 101–246, title II, §244, Feb. 16, 1990, 104 Stat. 61; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1325(3), (4), Oct. 21, 1998, 112 Stat. 2681–781.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
Codification
Section was enacted as part of the Television Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1998—Pub. L. 105–277, §1325(4)(A), struck out "of the United States Information Agency" after "Service" in section catchline.
Subsec. (a). Pub. L. 105–277, §1325(4)(B)(ii), which directed amendment of subsec. (a) in second sentence by substituting "Broadcasting Board of Governors" for "Director of the United States Information Agency" and "the International Broadcasting Bureau" for "the Director of the Voice of America", was executed by making the substitutions in third sentence, to reflect the probable intent of Congress.
Pub. L. 105–277, §1325(4)(B)(i), substituted "There is" for "The Director of the United States Information Agency shall establish" in first sentence.
Subsec. (b). Pub. L. 105–277, §1325(4)(C), substituted "Board facilities" for "Agency facilities" and "International" for "Information Agency".
Subsec. (c). Pub. L. 105–277, §1325(3), (4)(D), in heading struck out "USIA" before "Authority", and in text substituted "Board" for "Agency" in two places.
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
§1465dd. Assistance from other Government agencies
In order to assist the Broadcasting Board of Governors in carrying out the provisions of this subchapter, any agency or instrumentality of the United States may sell, loan, lease, or grant property (including interests therein) and may perform administrative and technical support and services at the request of the Board.
(Pub. L. 101–246, title II, §246, Feb. 16, 1990, 104 Stat. 62; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1325(1), (3), Oct. 21, 1998, 112 Stat. 2681–781.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
Codification
Section was enacted as part of the Television Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1998—Pub. L. 105–277 substituted "Broadcasting Board of Governors" for "United States Information Agency" and "the Board" for "the Agency".
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
§1465ee. Authorization of appropriations
(a) Authorization of appropriations
In addition to amounts otherwise made available under section 201 for such purposes, there are authorized to be appropriated to the United States Information Agency, $16,000,000 for the fiscal year 1990 and $16,000,000 for the fiscal year 1991 for television broadcasting to Cuba in accordance with the provisions of this subchapter.
(b) Limitation
(1) Subject to paragraph (2), no funds authorized to be appropriated under subsection (a) may be obligated or expended unless the President determines and notifies the appropriate committees of Congress that the test of television broadcasting to Cuba (as authorized by title V of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 100–459)) has demonstrated television broadcasting to Cuba is feasible and will not cause objectionable interference with the broadcasts of incumbent domestic licensees. The Federal Communications Commission shall furnish to the appropriate committees of Congress all interim and final reports and other appropriate documentation concerning objectionable interference from television broadcasting to Cuba to incumbent domestic licensees.
(2) Not less than 30 days before the President makes the determination under paragraph (1), the President shall submit a report to the appropriate committees of the Congress which includes the findings of the test of television broadcasting to Cuba. The period for the test of television broadcasting may be extended until—
(A) the date of the determination and notification by the President under paragraph (1), or
(B) 30 days,
whichever comes first.
(c) Availability of funds
Amounts appropriated to carry out the purposes of this subchapter are authorized to be available until expended.
(Pub. L. 101–246, title II, §247, Feb. 16, 1990, 104 Stat. 62; Pub. L. 102–138, title II, §232, Oct. 28, 1991, 105 Stat. 703.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
References in Text
Section 201, referred to in subsec. (a), means section 201 of Pub. L. 101–246, title II, Feb. 16, 1990, 104 Stat. 48, which was not classified to the Code.
Title V of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 100–459), referred to in subsec. (b)(1), is title V of Pub. L. 100–459, Oct. 1, 1988, 102 Stat. 2213, which was not classified to the Code.
Codification
Section was enacted as part of the Television Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1991—Subsec. (c). Pub. L. 102–138 added subsec. (c).
Statutory Notes and Related Subsidiaries
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
Executive Documents
Television Broadcasting to Cuba
Determination of President of the United States, No. 90–35, Aug. 26, 1990, 55 F.R. 38659, provided:
Pursuant to the authority vested in me by section 247 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246) (the Act) [this section], I hereby determine that the test of television broadcasting to Cuba (as authorized by title V of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1989 (Public Law 100–459) [Pub. L. 100–459, title V, Oct. 1, 1988, 102 Stat. 2213]), has demonstrated television broadcasting to Cuba is feasible and will not cause objectionable interference with the broadcasts of incumbent domestic licensees.
You are authorized and directed to transmit this determination to the appropriate committees of Congress (as defined in section 248 of the Act [22 U.S.C. 1465ff]) and to arrange for its publication in the Federal Register.
George Bush.
§1465ff. Definitions
As used in this subchapter—
(1) the term "licensee" has the meaning provided in section 153(c) 1 of title 47;
(2) the term "incumbent domestic licensee" means a licensee as provided in section 153(c) 1 of title 47 that was broadcasting a television signal as of January 1, 1989;
(3) the term "objectionable interference" shall be applied in the same manner as such term is applied under regulations of the Federal Communications Commission to other domestic broadcasters; and
(4) the term "appropriate committees of Congress" includes the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives and the Committee on Foreign Relations of the Senate.
(Pub. L. 101–246, title II, §248, Feb. 16, 1990, 104 Stat. 62.)
Repeal of Section
Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.
Editorial Notes
References in Text
Section 153 of title 47, referred to in pars. (1) and (2), was subsequently amended, and section 153(c) no longer defines "licensee". However, such term is defined elsewhere in that section.
Codification
Section was enacted as part of the Television Broadcasting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
1 See References in Text note below.
SUBCHAPTER VI—ADVISORY COMMISSIONS TO FORMULATE POLICIES
§§1466 to 1468. Omitted
Editorial Notes
Codification
Sections 1466 to 1468 of this title, contained provisions relating to the United States Advisory Commission on Information, and the United States Advisory Commission on Educational Exchange. Public Law 87–256, §§106, 111(a)(2), Sept. 21, 1961, 75 Stat. 532, 538, replaced the Advisory Commission on Educational Exchange with the Advisory Commission on International Educational and Cultural Affairs and repealed these sections insofar as they related to the Advisory Commission on Educational Exchange. The Advisory Commission on International Educational and Cultural Affairs and the Advisory Commission on Information were both abolished by Reorg. Plan No. 2 of 1977, §9(a)(3), (4), 42 F.R. 62461, 91 Stat. 1639, set out under section 1461 of this title, effective on or before July 1, 1978, at such time as specified by the President.
Section 1466, acts Jan. 27, 1948, ch. 36, §601, 62 Stat. 10; Sept. 21, 1961, Pub. L. 87–256, §111(a)(2), 75 Stat. 538, created the United States Advisory Commission on Information, and the United States Advisory Commission on Educational Exchange and provided for the duties of the Commissions.
Section 1467, acts Jan. 27, 1948, ch. 36, title VI, §602, 62 Stat. 10; Sept. 21, 1961, Pub. L. 87–256, §111(a)(2), 75 Stat. 538, provided for the composition, membership, terms of office, compensation, designation of chairmen, rules and regulations, and representation of the public interest, for the Commission on Information and the Commission on Educational Exchange.
Section 1468, acts Jan. 27, 1948, ch. 36, title VI, §603, 62 Stat. 11; Sept. 21, 1961, Pub. L. 87–256, §111(a)(2), 75 Stat. 538, provided that the Commissions report to Congress on programs and activities carried out under this chapter, including recommendations for effectuating the purposes and objectives of this chapter.
§1469. United States Advisory Commission on Public Diplomacy
(a) Establishment
(1) There is established an advisory commission to be known as the United States Advisory Commission on Public Diplomacy (referred to in this section as the "Commission").
(2) The Commission shall consist of seven members appointed by the President, by and with the advice and consent of the Senate. The members of the Commission shall represent the public interest and shall be selected from a cross section of educational, communications, cultural, scientific, technical, public service, labor, business, and professional backgrounds. Not more than four members shall be from any one political party.
(3) The term of each member shall be 3 years, except that of the original seven appointments, two shall be for a term of 1 year and two shall be for a term of 2 years.
(4) Any member appointed to fill a vacancy occurring before the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term. Upon the expiration of a member's term of office, such member may continue to serve until a successor is appointed and qualified.
(5) The President shall designate a member to chair the Commission.
(b) Staff
The Commission shall have a staff director who shall be appointed by the chairperson of the Commission. Subject to such rules and regulations as may be adopted by the Commission, the chairperson of the Commission may—
(1) appoint such additional personnel for the staff of the Commission as the chairperson considers necessary; and
(2) procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay payable for grade GS–18 of the General Schedule under section 5332 of title 5.
(c) Duties and responsibilities
The Commission shall appraise United States Government activities intended to understand, inform, and influence foreign publics. The activities described in this subsection shall be referred to in this section as "public diplomacy activities".
(d) Reports
(1) Comprehensive annual report
(A) In general
Not less frequently than annually, the Commission shall submit a comprehensive report on public diplomacy and international broadcasting activities to Congress, the President, and the Secretary of State. This report shall include—
(i) a detailed list of all public diplomacy activities funded by the United States Government;
(ii) a description of—
(I) the purpose, means, and geographic scope of each activity;
(II) when each activity was started;
(III) the amount of Federal funding expended on each activity;
(IV) any significant outside sources of funding; and
(V) the Federal department or agency to which the activity belongs;
(iii) the international broadcasting activities under the direction of the Broadcasting Board of Governors;
(iv) an assessment of potentially duplicative public diplomacy and international broadcasting activities; and
(v) for any activities determined to be ineffective or results not demonstrated under subparagraph (B), recommendations on existing effective or moderately effective public diplomacy activities that could be augmented to carry out the objectives of the ineffective activities.
(B) Effectiveness assessment
In evaluating the public diplomacy and international broadcasting activities described in subparagraph (A), the Commission shall conduct an assessment that considers the public diplomacy target impact, the achieved impact, and the cost of public diplomacy activities and international broadcasting. The assessment shall include, if practicable, an appropriate metric such as "cost-per-audience" or "cost-per-student" for each activity. Upon the completion of the assessment, the Commission shall assign a rating of—
(i) "effective" for activities that—
(I) set appropriate goals and achieve all or most of the desired results;
(II) are well-managed; and
(III) are cost efficient;
(ii) "moderately effective" for activities that—
(I) set appropriate goals and achieve some desired results;
(II) are generally well-managed; and
(III) need to improve their cost efficiency, including reducing overhead;
(iii) "ineffective" for activities that—
(I) lack appropriate goals or fail to achieve stated goals or desired results;
(II) are not well-managed; or
(III) are not cost efficient, such as through insufficient use of available resources to achieve stated goals or desired results, or have excessive overhead; and
(iv) "results not demonstrated" for activities that—
(I) do not have acceptable performance public diplomacy metrics for measuring results; or
(II) are unable or failed to collect data to determine if they are effective.
(2) Other reports
(A) In general
The Commission shall submit other reports, including working papers, to Congress, the President, and the Secretary of State at least semi-annually on other activities and policies related to United States public diplomacy.
(B) Availability
The Commission shall make the reports submitted pursuant to subparagraph (A) publicly available on the website of the Commission to develop a better understanding of, and support for, public diplomacy activities.
(3) Access to information
The Secretary of State shall ensure that the Commission has access to all appropriate information to carry out its duties and responsibilities under this subsection.
(Jan. 27, 1948, ch. 36, title VI, §604, as added Pub. L. 96–60, title II, §203(f), Aug. 15, 1979, 93 Stat. 399; amended Pub. L. 100–204, title II, §213, Dec. 22, 1987, 101 Stat. 1376; Pub. L. 101–246, title II, §206(a), Feb. 16, 1990, 104 Stat. 51; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1334(b), Oct. 21, 1998, 112 Stat. 2681–786; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title IV, §404(a), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-446, 1501A-447; Pub. L. 107–77, title IV, §407(c), Nov. 28, 2001, 115 Stat. 790; Pub. L. 112–239, div. A, title XII, §1280(a)–(c), Jan. 2, 2013, 126 Stat. 2032.)
Editorial Notes
Amendments
2013—Subsec. (a)(1). Pub. L. 112–239, §1280(a), inserted "(referred to in this section as the 'Commission')" before period at end.
Subsec. (c). Pub. L. 112–239, §1280(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) described the Commission's duties and responsibilities, including formulation and appraisal of policies and programs and submission of reports.
Subsec. (d). Pub. L. 112–239, §1280(c), amended subsec. (d) generally. Prior to amendment, text read as follows: "The Commission shall have no authority with respect to the J. William Fulbright Foreign Scholarship Board or the United States National Commission for UNESCO."
2001—Pub. L. 107–77 reenacted this section. See Reenactment and Repeal of Certain Provisions of Law note below.
1999—Pub. L. 106–113, §1000(a)(7) [div. A, title IV, §404(c)(2)], repealed this section. See Reenactment and Repeal of Certain Provisions of Law note below.
Pub. L. 106–113, §1000(a)(7) [div. A, title IV, §404(a), (c)(1)], amended Pub. L. 105–277, §1334, generally (see 1998 Amendment note below) and reenacted this section. See Reenactment and Repeal of Certain Provisions of Law note below.
1998—Pub. L. 105–277, §1334(b), which directed the repeal of this section, was omitted in the general amendment of Pub. L. 105–277, §1334, by Pub. L. 106–113, §1000(a)(7) [div. A, title IV, §404(a)]. See 1999 Amendment note above.
1990—Pub. L. 101–246 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to redesignation of United States Advisory Commission on International Communication, Cultural and Educational Affairs as United States Advisory Commission on Public Diplomacy, appointment of members, appointment of staff director and staff personnel, date of section entering into force as being Jan. 20, 1989, and repeal of prohibition limiting membership of individuals from same political party.
1987—Pub. L. 100–204 amended section generally, revising and restating as subsecs. (a) to (d) provisions of former subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Effective Date
Section effective Oct. 1, 1979, and applicable only with respect to funds appropriated after Aug. 15, 1979, where new authorities provide for expenditure of appropriated funds, see section 209 of Pub. L. 96–60, set out as an Effective Date of 1979 Amendment note under section 1471 of this title.
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
Reenactment and Repeal of Certain Provisions of Law
Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title IV, §404(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-447, provided that:
"(1)
"(2)
[Pub. L. 107–77, title IV, §407(c), Nov. 28, 2001, 115 Stat. 790, reenacted into law the provisions that were repealed by section 1000(a)(7) [div. A, title IV, §404(c)(2)] of div. B of Pub. L. 106–113, set out above.]
Continuity of Advisory Commission
Pub. L. 107–77, title IV, §407(d), Nov. 28, 2001, 115 Stat. 790, provided that: "Notwithstanding any other provision of law, any period of discontinuity of the United States Advisory Commission on Public Diplomacy shall not affect the appointment or terms of service of members of the commission."
Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title IV, §404(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-447, provided that: "Notwithstanding any other provision of law, any period of discontinuity of the United States Advisory Commission on Public Diplomacy shall not affect the appointment or terms of service of members of the commission."
Reduction in Staff and Budget
Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title IV, §404(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A-447, provided that: "Notwithstanding section 604(b) of the United States Information and Educational Exchange Act of 1948 [22 U.S.C. 1469(b)], effective on the date of the enactment of this Act [Nov. 29, 1999], the United States Advisory Commission on Public Diplomacy shall have not more than 2 individuals who are compensated staff, and not more than 50 percent of the resources allocated in fiscal year 1999."
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Continued Service of Commission Members
Pub. L. 101–246, title II, §206(b), Feb. 16, 1990, 104 Stat. 53, provided that each member of the United States Advisory Commission on Public Diplomacy as in existence on the day before Jan. 20, 1989, was to continue to serve for the remainder of the term to which such member was appointed.
SUBCHAPTER VII—ADMINISTRATIVE PROCEDURE
§1471. Authority of Secretary of State
In carrying out the purposes of this chapter, the Secretary is authorized, in addition to and not in limitation of the authority otherwise vested in him—
(1) In 1 carrying out subchapter II of this chapter, to make grants of money, services, or materials to State and local governmental institutions in the United States, to governmental institutions in other countries, and to individuals and public or private nonprofit organizations both in the United States and in other countries;
(2) to furnish, sell, or rent, by contract or otherwise, educational and information materials and equipment for dissemination to, or use by, peoples of foreign countries;
(3) whenever necessary in carrying out subchapter V of this chapter, to purchase, rent, construct, improve, maintain, and operate facilities for radio and television transmission and reception, including the leasing of associated real property (either within or outside the United States) for periods not to exceed forty years, or for longer periods if provided for by an appropriation Act, and the alteration, improvement, and repair of such property, without regard to section 322 2 of the Act of June 30, 1932, and any such real property or interests therein which are outside the United States may be acquired without regard to sections 3111 and 3112 of title 40 if the sufficiency of the title to such real property or interests therein is approved by the Director of the United States Information Agency;
(4) to provide for printing and binding outside the continental limits of the United States, without regard to section 501 of title 44;
(5) to employ persons on a temporary basis without regard to the civil service and classification laws, when such employment is provided for by the pertinent appropriation Act;
(6) to create such advisory committees as the Secretary may decide to be of assistance in formulating his policies for carrying out the purposes of this chapter. No committee member shall be allowed any salary or other compensation for services; but he may be paid his transportation and other expenses, as authorized by section 5703 of title 5; and
(7) notwithstanding any other provision of law, to carry out projects involving security construction and related improvements for overseas public diplomacy facilities not physically located together with other Department of State facilities abroad.
(Jan. 27, 1948, ch. 36, title VIII, §801, 62 Stat. 11; Pub. L. 87–139, §11, Aug. 14, 1961, 75 Stat. 341; 1977 Reorg. Plan No. 2, §§8(b), 9(a)(3), (4), 42 F.R. 62461, 91 Stat. 1637–1639; Pub. L. 96–60, title II, §§203(b)(1), (e), 204(a), Aug. 15, 1979, 93 Stat. 398–400; Pub. L. 97–241, title III, §303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 98–164, title II, §217, Nov. 22, 1983, 97 Stat. 1036; Pub. L. 100–204, title II, §205, Dec. 22, 1987, 101 Stat. 1374; Pub. L. 102–138, title II, §203, Oct. 28, 1991, 105 Stat. 692; Pub. L. 103–236, title II, §222, Apr. 30, 1994, 108 Stat. 421; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1335(a)(4), Oct. 21, 1998, 112 Stat. 2681–787.)
Editorial Notes
References in Text
Section 322 of the Act of June 30, 1932, referred to in par. (3), is section 322 of act June 30, 1932, ch. 314, 47 Stat. 412, which was classified to section 278a of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 100–678, §7, Nov. 17, 1988, 102 Stat. 4052.
Codification
"Sections 3111 and 3112 of title 40" substituted in par. (3) for "section 355 of the Revised Statutes of the United States (40 U.S.C. 255)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
In par. (4), "section 501 of title 44" substituted for "section 11 of the Act of March 1, 1919 (44 U.S.C. 111)" on authority of Pub. L. 90–620, §2(b), Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents.
In par. (6), ", with the approval of the Commission on Information and the Commission on Educational Exchange," was deleted pursuant to Reorg. Plan No. 2 of 1977, §9(a)(3), (4), 42 F.R. 62461, 91 Stat. 1639, set out under section 1461 of this title, which abolished both the United States Advisory Commission on Information, and the United States Advisory Commission on International Educational and Cultural Affairs [which replaced the Advisory Commission on Educational Exchange], effective on or before July 1, 1978, at such time as specified by the President.
In par. (6), "section 5703 of title 5" substituted for "section 5 of the Administrative Expenses Act of 1946, as amended, (5 U.S.C. 73b-2)" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments
1998—Par. (7). Pub. L. 105–277 substituted "overseas public diplomacy" for "Agency" and inserted "other" after "together with".
1994—Par. (7). Pub. L. 103–236 added par. (7).
1991—Par. (3). Pub. L. 102–138 inserted "and television" after "radio".
1987—Par. (3). Pub. L. 100–204 substituted "forty" for "twenty-five".
1983—Par. (3). Pub. L. 98–164 substituted "twenty-five" for "ten".
1979—Par. (1). Pub. L. 96–60, §204(a), struck out "within the limitation of such appropriations as the Congress may provide," after "chapter,".
Par. (3). Pub. L. 96–60, §203(e), substituted "leasing of associated real property (either within or outside the United States)" for "leasing of real property both within and without the continental limits of the United States" and provided for alteration, improvement, and repair of such property, without regard to section 278a of title 40, and for acquisition of such property or interests therein which are outside the United States without regard to section 255 of title 40 if the sufficiency of the title to such property or interests therein is approved by the Director.
Par. (5). Pub. L. 96–60, §203(b)(1), struck out provision for employment of aliens within the United States limited to services related to the translation or narration of colloquial speech in foreign languages when suitably qualified United States citizens were not available, now covered in section 1474(1) of this title, and inserted "pertinent" before "appropriation".
1961—Par. (6). Pub. L. 87–139 substituted provisions authorizing payment of transportation and other expenses as authorized by section 73b–2 of title 5, for provisions which allowed payment of actual transportation expenses and a maximum of $10 per diem.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
Effective Date of 1979 Amendment
Pub. L. 96–60, title II, §209, Aug. 15, 1979, 93 Stat. 402, provided that: "The amendments made by sections 203 and 204 [enacting section 1469 and section 1477b of this title, amending this section, sections 1474, 1475a, 2454, 2458, and 2458a of this title, section 1304 of Title 5, Government Organization and Employees, and section 474 of former Title 40, Public Buildings, Property, and Works, and repealing section 1434 of this title] shall take effect on October 1, 1979, and to the extent that they provide new authorities involving the expenditure of appropriated funds, shall apply only with respect to funds appropriated after the date of enactment of this Act [Aug. 15, 1979]."
Transfer of Functions
"Director of the United States Information Agency" substituted for "Director of the International Communication Agency" in par. (3) pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title, which redesignated International Communication Agency, and Director thereof, as United States Information Agency, and the Director thereof. United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
The Commission on Educational Exchange, created by section 1466 of this title, abolished pursuant to Pub. L. 87–256, §111(a)(2), Sept. 21, 1961, 75 Stat. 538.
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Contractor Requirements
Pub. L. 100–204, title IV, §403, Dec. 22, 1987, 101 Stat. 1381, provided that:
"(a)
"(b)
"(c)
"(d)
"(1) Subsection (c) shall not apply with respect to any project of the facilities modernization program of the Voice of America when—
"(A) precluded by the terms of an international agreement with the host foreign country;
"(B) a foreign bidder can establish that he is a national of a country whose government permits United States contractors and suppliers the opportunity to bid on a competitive and nondiscriminatory basis with its national contractors and suppliers, on procurement and projects related to the construction, modernization, upgrading, or expansion of—
"(i) its national public radio and television sector, or
"(ii) its private radio and television sector, to the extent that such procurement or project is, in whole or in part, funded or otherwise under the control of a government agency or authority; or
"(C) the Secretary of Commerce certifies (in advance of the award of the contract for that project) to the Director of the United States Information Agency that the foreign bidder is not receiving any direct subsidy from any government, the effect of which would be to disadvantage the competitive position of United States persons who also bid on the project; or
"(D) the statutes of a host foreign country prohibit the use of United States contractors on such projects within that country.
"(2) An exception under paragraph (1)(D) shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to 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 what specific actions the Secretary has taken to urge the foreign country to permit the use of United States contractors on such projects.
"(d) [sic]
"(1) the term 'United States person' means a person that—
"(A) is incorporated or otherwise legally organized under the laws of the United States, including any State (and any political subdivision thereof) and the District of Columbia;
"(B) has its principal place of business in the United States;
"(C) has been incorporated or otherwise legally organized in the United States for more than 5 years before the issuance date of the Invitation For Bids or the Request For Proposals with respect to a modernization project under subsection (b);
"(D) has proven, as indicated by prior contracting experience, to possess the technical, managerial, and financial capability to successfully complete a project similar in nature and technical complexity to that being contracted for;
"(E)(i) employs United States citizens in at least 80 percent of its principal management positions in the United States;
"(ii) employs United States citizens in more than half of its permanent, full-time positions in the United States; and
"(iii) will employ United States citizens in at least 80 percent of the supervisory positions on the modernization project site; and
"(F) has the existing technical and financial resources in the United States to perform the contract; and
"(2) the term 'qualified United States joint venture person' means a joint venture in which a United States person or persons own at least 51 percent of the assets of the joint venture.
"(e)
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.]
1 So in original. Probably should not be capitalized.
2 See References in Text note below.
§1472. Department of State and other Government agencies
(a) Authority of agencies
In carrying on activities which further the purposes of this chapter, subject to approval of such activities by the Secretary, the Department and the other Government agencies are authorized—
(1) to place orders and make purchases and rentals of materials and equipment;
(2) to make contracts, including contracts with governmental agencies, foreign or domestic, including subdivisions thereof, and intergovernmental organizations of which the United States is a member, and, with respect to contracts entered into in foreign countries, without regard to section 6306 of title 41;
(3) under such regulations as the Secretary may prescribe, to pay the transportation expenses, and not to exceed $10 per diem in lieu of subsistence and other expenses, of citizens or subjects of other countries, without regard to the Standardized Government Travel Regulations and the Subsistence Expense Act of 1926,1 as amended; and
(4) to make grants for, and to pay expenses incident to, training and study.
(b) Contracts for telecommunication activities, etc.; availability of appropriations; cancellation costs
(1) Any contract authorized by subsection (a) and described in paragraph (3) of this subsection which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when—
(A) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and
(B) the Director of the United States Information Agency determines that—
(i) the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing;
(ii) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and
(iii) such method of contracting will not inhibit small business participation.
(2) In the event that funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be canceled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.
(3) This subsection applies to contracts for the procurement of property or services, or both, for the operation, maintenance, and support of programs, facilities, and installations for or related to telecommunication activities, newswire services, and the distribution of books and other publications in foreign countries.
(4)(A) Notwithstanding the other provisions of this subsection, the Broadcasting Board of Governors is authorized to enter into contracts for periods not to exceed 7 years for circuit capacity to distribute radio and television programs and is authorized to enter into contracts for periods not to exceed ten years to acquire local broadcasting services outside the United States.
(B) The authority of this paragraph may be exercised for a fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts.
(Jan. 27, 1948, ch. 36, title VIII, §802, 62 Stat. 12; Pub. L. 97–241, title III, §304(b), Aug. 24, 1982, 96 Stat. 292; Pub. L. 103–236, title II, §225, Apr. 30, 1994, 108 Stat. 423; Pub. L. 107–228, div. A, title V, §503, Sept. 30, 2002, 116 Stat. 1392.)
Editorial Notes
References in Text
The Subsistence Expenses Act of 1926, as amended, referred to in subsec. (a)(3), was repealed and superseded by the Travel Expense Act of 1949, which is covered by subchapter I of chapter 57 of Title 5, Government Organization and Employees. Section 9(a) of the 1949 Act provided in part: "All Acts . . . applicable to civilian officers or employees of the departments and establishments, providing for reimbursement of actual travel or transportation expense, and all other Acts, general or special, which are in conflict with the provisions of this Act . . . are hereby modified, but only to the extent of inconsistency or conflict with the provisions of this Act . . .".
Codification
In subsec. (a)(2), "section 6306 of title 41" substituted for "section 3741 of the Revised Statutes (41 U.S.C. 22)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
2002—Subsec. (b)(4)(A). Pub. L. 107–228 substituted "Broadcasting Board of Governors" for "United States Information Agency" and inserted before period "and is authorized to enter into contracts for periods not to exceed ten years to acquire local broadcasting services outside the United States".
1994—Subsec. (b)(4). Pub. L. 103–236 added par. (4).
1982—Pub. L. 97–241 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
Executive Documents
Ex. Ord. No. 10477. Authority of United States Information Agency
Ex. Ord. No. 10477, Aug. 1, 1953, 18 F.R. 4540, as amended by Ex. Ord. No. 10822, May 20, 1959, 24 F.R. 4159; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967; provided:
(a) The Foreign Service Buildings Act of 1926, as amended [22 U.S.C. 292 et seq.], regarding the acquisition, construction, alteration, repair, furnishing, exchange, and disposal of buildings and grounds in foreign countries.
(b) The act of July 9, 1949 [see 22 U.S.C. 2681 to 2683], regarding the transfer, acquisition, use, and disposal of international broadcasting facilities.
(c) The act of August 3, 1950, regarding the importation of sound recordings.
(d) The provisions under the first heading "Salaries and Expenses" of the Department of State Appropriation Act, 1954, regarding (1) employment of aliens, by contract, for services abroad, (2) purchase of uniforms, (3) cost of transporting to and from a place of storage and the cost of storing the furniture and household effects of an employee of the Foreign Service who is assigned to a post at which he is unable to use his furniture and effects, under such regulations as the Secretary of State may prescribe, (4) dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others, (5) examination of estimates of appropriations in the field, (6) purchase of ice and drinking water abroad, (7) payment of excise taxes on negotiable instruments abroad, and (8) procurement, by contract or otherwise, of services, supplies and facilities, as follows: (i) maintenance, improvement, and repair of properties used for international information activities in foreign countries, (ii) fuel and utilities for Government-owned or leased property abroad, and (iii) rental or lease for periods not exceeding ten years of offices, buildings, grounds, and living quarters, and the furnishing of living quarters to officers and employees engaged in international information activities abroad [22 U.S.C. 291].
(e) The provisions of the Department of State Appropriation Act, 1954, regarding (1) exchange of funds for payment of expenses in connection with the operation of information establishments abroad without regard to the provisions of section 3651 of the Revised Statutes [section 543 of former Title 31], (section 103 of the General Provisions of the Department of State Appropriation Act, 1954), (2) payment of travel expenses outside the continental limits of the United States from funds available in the fiscal year that such travel is authorized and actually begins (section 104 of the General Provisions of the Department of State Appropriation Act, 1954), (3) granting authority to the chief of each information Field Staff to approve, with the concurrence of the Chief of Mission, use of Government-owned vehicles for travel under conditions described in section 105 of the General Provisions of the Department of State Appropriation Act, 1954, and (4) purchase with foreign currencies for use abroad of passenger motor vehicles (exclusive of buses, ambulances, and station wagons) at a cost not to exceed the equivalent of $2,200 for each vehicle (section 106 of the General Provisions of the Department of State Appropriation Act, 1954).
(f) Section 202 of the Revised Statutes of the United States [see 22 U.S.C. 2656], so far as it authorizes the Secretary of State to keep the American public informed about the international information aspects of the United States foreign affairs.
(g) Section 504(d) of the Mutual Security Act of 1951, as amended (relating to reduction in personnel) [section 1655d of this title], with respect to personnel transferred from the Mutual Security Agency or the Foreign Operations Administration to the United States Information Agency.
(h) Section 161 of the Revised Statutes of the United States [see 5 U.S.C. 301], and section 4 of the act of May 26, 1949 [see 22 U.S.C. 2658], regarding the promulgation of rules and regulations and the delegation of authority.
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.]
1 See References in Text note below.
§1473. Use of existing Government property and facilities
In carrying on activities under this chapter which require the utilization of Government property and facilities, maximum use shall be made of existing Government property and facilities.
(Jan. 27, 1948, ch. 36, title VIII, §803, 62 Stat. 12.)
§1474. Additional authority of Secretary of State or other Government agency authorized to administer provisions
In carrying out the provisions of this chapter, the Secretary, or any Government agency authorized to administer such provisions, may—
(1) employ, without regard to the civil service and classification laws, aliens within the United States and abroad for service in the United States relating to the translation or narration of colloquial speech in foreign languages or the preparation and production of foreign language programs when suitably qualified United States citizens are not available when job vacancies occur, and aliens so employed abroad may be admitted to the United States, if otherwise qualified, as nonimmigrants under section 1101(a)(15) of title 8 for such time and under such conditions and procedures as may be established by the Director of the United States Information Agency and the Attorney General;
(2) pay travel expenses of aliens employed abroad for service in the United States and their dependents to and from the United States;
(3) incur expenses for entertainment within the United States within such amounts as may be provided in appropriations Acts;
(4) obtain insurance on official motor vehicles operated by the Secretary or such agency in foreign countries, and pay the expenses incident thereto;
(5) notwithstanding the provisions of section 2680(k) of title 28, pay tort claims in the manner authorized in the first paragraph of section 2672 of such title, when such claims arise in foreign countries in connection with operations conducted abroad under this chapter;
(6) employ aliens by contract for services abroad;
(7) provide ice and drinking water abroad;
(8) pay excise taxes on negotiable instruments abroad;
(9) pay to or for individuals, not United States Government employees, participating in activities conducted under this chapter, the costs of emergency medical expenses, preparation and transport to their former homes of the remains of such participants or their dependents who die while away from their homes during such participation, and health and accident insurance premiums for participants or health and accident benefits for participants by means of a program of self-insurance;
(10) rent or lease, for periods not exceeding ten years, offices, buildings, grounds, and living quarters abroad for employees carrying out this chapter, and make payments therefor in advance;
(11) maintain, improve, and repair properties used for information activities in foreign countries;
(12) furnish fuel and utilities for Government-owned or leased property abroad;
(13) pay travel expenses of employees attending official international conferences, without regard to sections 5701–5708 of title 5, and regulations issued thereunder, but at rates not in excess of comparable allowances approved for such conferences by the Secretary;
(14) purchase uniforms;
(15) hire passenger motor vehicles;
(16) purchase passenger motor vehicles for use abroad, and right-hand drive and security vehicles may be so purchased without regard to any maximum price limitation established by law;
(17) procure services of experts and consultants in accordance with section 3109 of title 5;
(18) make advances of funds;
(19) notwithstanding section 5946 of title 5, pay dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others;
(20) subject to the availability of appropriated funds, purchase motion picture, radio and television producers' liability insurance to cover errors and omissions or similar insurance coverage for the protection of interests in intellectual property;
(21) incur expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);
(22) furnish living quarters as authorized by section 5912 of title 5; and
(23) provide allowances as authorized by sections 5921 through 5928 of title 5.
(Jan. 27, 1948, ch. 36, title VIII, §804, as added Pub. L. 92–352, title II, §202, July 13, 1972, 86 Stat. 493; amended Pub. L. 94–350, title II, §203, July 12, 1976, 90 Stat. 830; Pub. L. 96–60, title II, §§203(b)(2), 204(b), Aug. 15, 1979, 93 Stat. 398, 400; Pub. L. 97–241, title III, §§303(b), 304(c), (d), Aug. 24, 1982, 96 Stat. 291, 293; Pub. L. 101–246, title II, §207, Feb. 16, 1990, 104 Stat. 53; Pub. L. 102–138, title II, §§204, 205, Oct. 28, 1991, 105 Stat. 692.)
Editorial Notes
References in Text
The Foreign Service Act of 1980, referred to in par. (21), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
Amendments
1991—Par. (9). Pub. L. 102–138, §205, amended par. (9) generally. Prior to amendment, par. (9) read as follows: "pay the actual expenses of preparing and transporting to their former homes the remains of persons, not United States Government employees, who may die away from their homes while participating in activities conducted under this chapter;".
Pars. (21) to (23). Pub. L. 102–138, §204, added pars. (21) to (23).
1990—Par. (1). Pub. L. 101–246 inserted "when job vacancies occur" after "available".
1982—Par. (16). Pub. L. 97–241, §304(c), inserted "and security" after "right-hand drive".
Par. (20). Pub. L. 97–241, §304(d), added par. (20).
1979—Par. (1). Pub. L. 96–60, §203(b)(2), authorized employment of aliens within the United States, previously covered in section 1471(5) of this title, extended services to include preparation and production of foreign language programs, and eliminated investigation-of-alien-employees requirement.
Par. (10). Pub. L. 96–60, §204(b)(1), substituted "ten" for "five" years.
Par. (14). Pub. L. 96–60, §204(b)(3), substituted a semicolon for ", when funds are appropriated therefor."
Pars. (15) to (19). Pub. L. 96–60, §204(b)(4), added pars. (15) to (19).
1976—Par. (14). Pub. L. 94–350 added par. (14).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by Pub. L. 96–60 effective Oct. 1, 1979, and applicable only with respect to funds appropriated after Aug. 15, 1979, where new authorities provide for expenditure of appropriated funds, see section 209 of Pub. L. 96–60, set out as a note under section 1471 of this title.
Transfer of Functions
"Director of the United States Information Agency" substituted for "Director of the International Communication Agency" in par. (1) pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title, which redesignated International Communication Agency, and Director thereof, as United States Information Agency, and Director thereof. United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
Authority To Administer Summer Travel and Work Programs
Pub. L. 105–277, div. G, subdiv. B, title XXIV, §2418, Oct. 21, 1998, 112 Stat. 2681–835, provided that: "The Director of the United States Information Agency is authorized to administer summer travel and work programs without regard to preplacement requirements."
Similar provisions were contained in Pub. L. 105–244, title VIII, §846, Oct. 7, 1998, 112 Stat. 1822.
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.]
Employment Authority for Fiscal Years 1994 and 1995
Pub. L. 103–236, title II, §223, Apr. 30, 1994, 108 Stat. 422, provided that, for fiscal years 1994 and 1995, Director of United States Information Agency could, in carrying out provisions of this chapter, employ individuals or organizations by contract for services to be performed in United States or abroad, who could not, by virtue of such employment, be considered to be employees of United States Government for purposes of any law administered by Office of Personnel Management.
§1475. Travel expenses
Appropriated funds made available for any fiscal year to the Secretary or any Government agency, to carry out the provisions of this chapter, for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, household goods, or automobiles of such personnel, shall be available for all such expenses in connection with travel or transportation which begins in that fiscal year pursuant to travel orders issued in that year, notwithstanding the fact that such travel or transportation may not be completed until the following fiscal year.
(Jan. 27, 1948, ch. 36, title VIII, §805, as added Pub. L. 92–352, title II, §202, July 13, 1972, 86 Stat. 494.)
§1475a. Replacement of passenger motor vehicles
The exchange allowances or proceeds derived from the exchange or sale of passenger motor vehicles used abroad for purposes of this chapter or the Mutual Educational and Cultural Exchange Act of 1961 [22 U.S.C. 2451 et seq.] shall be available without fiscal year limitation for replacement of an equal number of such vehicles in accordance with section 503 of title 40.
(Jan. 27, 1948, ch. 36, title VIII, §806, as added Pub. L. 94–350, title II, §204, July 12, 1976, 90 Stat. 830; amended Pub. L. 96–60, title II, §204(c), Aug. 15, 1979, 93 Stat. 400.)
Editorial Notes
References in Text
The Mutual Educational and Cultural Exchange Act of 1961, referred to in text, is Pub. L. 87–256, Sept. 21, 1961, 75 Stat. 527, which is classified principally to chapter 33 (§2451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2451 of this title and Tables.
Codification
"Section 503 of title 40" substituted in text for "section 201(c) of the Federal Property and Administrative Services Act of 1949" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
Amendments
1979—Pub. L. 96–60 substituted "shall be available" for "are authorized to be made available".
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by Pub. L. 96–60 effective Oct. 1, 1979, and applicable only with respect to funds appropriated after Aug. 15, 1979, where new authorities provide for expenditures of appropriated funds, see section 209 of Pub. L. 96–60, set out as a note under section 1471 of this title.
§§1475b, 1475c. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(1), Oct. 21, 1998, 112 Stat. 2681–790
Section 1475b, act Jan. 27, 1948, ch. 36, title VIII, §807, as added Pub. L. 95–426, title II, §204(c), Oct. 7, 1978, 92 Stat. 974; amended Pub. L. 97–241, title III, §303(b), Aug. 24, 1982, 96 Stat. 291, related to seal of the United States Information Agency.
Section 1475c, act Jan. 27, 1948, ch. 36, title VIII, §808, as added Pub. L. 97–241, title III, §304(e), Aug. 24, 1982, 96 Stat. 293, provided for Acting Associate Director in the event of death, resignation, illness, or absence of Associate Director.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
§1475d. Compensation for disability or death
A cultural exchange, international fair or exposition, or other exhibit or demonstration of United States economic accomplishments and cultural attainments, provided for under this chapter or the Mutual Educational and Cultural Exchange Act of 1961 [22 U.S.C. 2451 et seq.] shall not be considered a "public work" as that term is defined in section 1651 of title 42.
(Jan. 27, 1948, ch. 36, title VIII, §809, as added Pub. L. 97–241, title III, §304(e), Aug. 24, 1982, 96 Stat. 293.)
Editorial Notes
References in Text
The Mutual Educational and Cultural Exchange Act of 1961, referred to in text, is Pub. L. 87–256, Sept. 21, 1961, 75 Stat. 527, which is classified principally to chapter 33 (§2451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2451 of this title and Tables.
§1475e. Use of English-teaching program fees
(a) In general
Notwithstanding section 3302 of title 31 or any other law or limitation of authority, fees and receipts described in subsection (b) are authorized to be credited each fiscal year for authorized purposes to the appropriate appropriations of the United States Information Agency to such extent as may be provided in advance in appropriations acts.
(b) Fees and receipts described
The fees and receipts described in this subsection are fees and payments received by or for the use of the United States Information Agency from or in connection with—
(1) English-teaching and library services,
(2) educational advising and counseling,
(3) Exchange Visitor Program Services,
(4) advertising and business ventures of the Voice of America and the International Broadcasting Bureau,
(5) cooperating international organizations, and 1
(6) Agency-produced publications,1
(7) an amount not to exceed $100,000 of the payments from motion picture and television programs produced or conducted by or on behalf of the Agency under the authority of this chapter or the Mutual Education and Cultural Exchange Act of 1961 [22 U.S.C. 2451 et seq.].
(Jan. 27, 1948, ch. 36, title VIII, §810, as added Pub. L. 97–241, title III, §304(e), Aug. 24, 1982, 96 Stat. 293; amended Pub. L. 100–204, title II, §203, Dec. 22, 1987, 101 Stat. 1373; Pub. L. 101–246, title II, §208, Feb. 16, 1990, 104 Stat. 53; Pub. L. 105–277, div. G, subdiv. B, title XXIV, §2412, Oct. 21, 1998, 112 Stat. 2681–832.)
Editorial Notes
References in Text
The Mutual Education and Cultural Exchange Act of 1961, referred to in subsec. (b)(7), probably means the Mutual Educational and Cultural Exchange Act of 1961, Pub. L. 87–256, Sept. 21, 1961, 75 Stat. 527, which is classified principally to chapter 33 (§2451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2451 of this title and Tables.
Amendments
1998—Pub. L. 105–277 amended section catchline and text generally. Prior to amendment, text read as follows:
"(a) Notwithstanding section 3302 of title 31 or any other law or limitation of authority, fees received by or for the use of the United States Information Agency from or in connection with English-teaching and library services, and Agency-produced publications, and not to exceed $100,000 of payments from motion picture and television programs, produced or conducted by or on behalf of the Agency under the authority of this chapter or the Mutual Educational and Cultural Exchange Act of 1961 is authorized to be credited each fiscal year to the appropriate appropriation of the United States Information Agency to such extent as may be provided in advance in an appropriation Act."
1990—Pub. L. 101–246 amended section catchline and text generally. Prior to amendment, section read as follows: "Notwithstanding the provisions of section 3302(b) of title 31 or any other law or limitation of authority, all payments received by or for the use of the United States Information Agency from or in connection with English-teaching and library services conducted by or on behalf of the Agency under the authority of this chapter or the Mutual Educational and Cultural Exchange Act of 1961 may be credited to the Agency's applicable appropriation to such extent as may be provided in advance in an appropriation Act."
1987—Pub. L. 100–204 amended section generally, changing structure of section from one consisting of subsecs. (a) and (b) to one consisting of one paragraph.
Statutory Notes and Related Subsidiaries
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
1 So in original. The word "and" probably should appear at end of par. (6).
§1475f. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(1), Oct. 21, 1998, 112 Stat. 2681–790
Section, act Jan. 27, 1948, ch. 36, title VIII, §811, as added Pub. L. 101–246, title II, §209, Feb. 16, 1990, 104 Stat. 53, related to recovery of indebtedness owed by person to United States arising out of activities of United States Information Agency.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
§1475g. Overseas public diplomacy posts and personnel overseas
(a) Limitation
Except as provided under this section no funds authorized to be appropriated to the Department of State may be used to pay any expense associated with the closing of any overseas public diplomacy post abroad.
(b) Notification
Not less than 45 days before the closing of any overseas public diplomacy post abroad the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(c) Exceptions
This section shall not apply to any overseas public diplomacy post closed—
(1) because of a break or downgrading of diplomatic relations between the United States and the country in which the post is located; or
(2) where there is a real and present threat to United States diplomats in the city where the post is located and where a travel advisory warning against travel by United States citizens to the city has been issued by the Department of State.
(Jan. 27, 1948, ch. 36, title VIII, §812, as added Pub. L. 102–138, title II, §206(a), Oct. 28, 1991, 105 Stat. 693; amended Pub. L. 105–277, div. G, subdiv. A, title XIII, §1335(a)(5), Oct. 21, 1998, 112 Stat. 2681–787.)
Editorial Notes
Prior Provisions
Provisions similar to this section were contained in Pub. L. 100–204, title II, §204, Dec. 22, 1987, 101 Stat. 1373, which was set out as a note under section 1461 of this title prior to repeal by Pub. L. 102–138, title II, §206(c), Oct. 28, 1991, 105 Stat. 693.
Amendments
1998—Pub. L. 105–277, §1335(a)(5)(D), substituted "Overseas public diplomacy" for "USIA" in section catchline.
Subsec. (a). Pub. L. 105–277, §1335(a)(5)(A), (B), substituted "Department of State" for "United States Information Agency" and "overseas public diplomacy post" for "United States Information Agency post".
Subsec. (b). Pub. L. 105–277, §1335(a)(5)(A), (C), substituted "overseas public diplomacy post" for "United States Information Agency post" and "Secretary of State" for "Director of the United States Information Agency".
Subsec. (c). Pub. L. 105–277, §1335(a)(5)(A), substituted "overseas public diplomacy post" for "United States Information Agency post" in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
Guidance for Closure of Public Diplomacy Facilities
Pub. L. 117–81, div. E, title LVI, §5606, Dec. 27, 2021, 135 Stat. 2379, as amended by Pub. L. 117–263, div. I, title XCIII, §9301(e)(1), Dec. 23, 2022, 136 Stat. 3881, provided that:
"(a)
"(b)
"(1) Standardized notification to each chief of mission at a diplomatic post describing the requirements of the Secure Embassy Construction and Counterterrorism Act of 1999 and the impact on the mission footprint of such requirements.
"(2) An assessment and recommendations from each chief of mission of potential impacts to public diplomacy programming at such diplomatic post if any public diplomacy facility referred to in subsection (a) is closed or staff is co-located in accordance with such Act.
"(3) A process by which assessments and recommendations under paragraph (2) are considered by the Secretary and the appropriate Under Secretaries and Assistant Secretaries of the Department.
"(4) Notification to the appropriate congressional committees, prior to the initiation of a new embassy compound or new consulate compound design, of the intent to close any such public diplomacy facility or co-locate public diplomacy staff in accordance with such Act.
"(c)
[For definitions of "Department" and "appropriate congressional committees" as used in section 5606 of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.]
Reductions in American Employees
Pub. L. 102–138, title II, §206(b), Oct. 28, 1991, 105 Stat. 693, which provided that reductions could not be made in number of American employees of United States Information Agency stationed abroad until number of such employees was same percentage of total number of American employees of Agency as number of American employees of Agency stationed abroad in 1981 was to total number of American employees at Agency at same time in 1981, was repealed by Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(4), Oct. 21, 1998, 112 Stat. 2681–790.
§1475h. Overseas public diplomacy grants
(a) Competitive grant procedures
Except as provided in subsection (b), the Department of State shall work to achieve full and open competition in the award of grants for carrying out its overseas public diplomacy functions.
(b) Exceptions
The Department of State may award an overseas public diplomacy grant under procedures other than competitive procedures when—
(1) such a grant is made under the Mutual Educational and Cultural Exchange Act of 1961 (commonly known as the Fulbright-Hays Act) [22 U.S.C. 2451 et seq.] or any statute which expressly authorizes or requires that a grant be made with a specified entity;
(2) the terms of an international agreement or treaty between the United States Government and a foreign government or international organization have the effect of requiring the use of procedures other than competitive procedures;
(3) a recipient organization has developed particular expertise in the planning and administration of longstanding exchange programs important to United States foreign policy; or
(4) introducing competition would increase costs.
(c) Compliance with grant guidelines
(1) After October 1, 1991, overseas public diplomacy grants awarded by the Department of State shall substantially comply with Department of State grant guidelines and applicable circulars of the Office of Management and Budget.
(2) If the Agency 1 determines that a grantee has not satisfied the requirement of paragraph (1), the Department of State shall notify the grantee of the suspension of payments under a grant unless compliance is achieved within 90 days of such notice.
(3) The Agency 1 shall suspend payments under any such grant which remains in noncompliance 90 days after notification under paragraph (2).
(Pub. L. 102–138, title II, §212, Oct. 28, 1991, 105 Stat. 695; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1335(b), Oct. 21, 1998, 112 Stat. 2681–787.)
Editorial Notes
References in Text
The Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (b)(1), is Pub. L. 87–256, Sept. 21, 1961, 75 Stat. 527, which is classified principally to chapter 33 (§2451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2451 of this title and Tables.
Codification
Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter.
Amendments
1998—Subsec. (a). Pub. L. 105–277, §1335(b)(1), (2), substituted "Department of State" for "United States Information Agency" and inserted "for carrying out its overseas public diplomacy functions" after "grants".
Subsec. (b). Pub. L. 105–277, §1335(b)(1), (3)(A), in introductory provisions, substituted "Department of State" for "United States Information Agency" and "an overseas public diplomacy grant" for "a grant".
Subsec. (b)(1). Pub. L. 105–277, §1335(b)(3)(B), inserted "such" after "(1)".
Subsec. (c)(1). Pub. L. 105–277, §1335(b)(1), (4), inserted "overseas public diplomacy" before "grants" and substituted "Department of State" for "United States Information Agency" in two places.
Subsec. (c)(2). Pub. L. 105–277, §1335(b)(1), substituted "Department of State" for "United States Information Agency".
Subsec. (c)(3). Pub. L. 105–277, §1335(b)(5), inserted "such" before "grant".
Subsec. (d). Pub. L. 105–277, §1335(b)(6), struck out heading and text of subsec. (d). Text read as follows: "Not later than 90 days after October 28, 1991, the Director of the United States Information Agency shall submit a detailed report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on United States Information Agency action to comply with subsection (a) of this section."
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
1 So in original. Probably should be "Department".
SUBCHAPTER VIII—APPROPRIATIONS AND OTHER FUNDS
§1476. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(1), Oct. 21, 1998, 112 Stat. 2681–790
Section, acts Jan. 27, 1948, ch. 36, title VII, §701, 62 Stat. 11; Pub. L. 92–226, pt. IV, §407(d), Feb. 7, 1972, 86 Stat. 35; Pub. L. 92–352, title II, §203, July 13, 1972, 86 Stat. 494; Pub. L. 93–168, §3, Nov. 29, 1973, 87 Stat. 688; Pub. L. 93–475, §6, Oct. 26, 1974, 88 Stat. 1440; 1977 Reorg. Plan No. 2, §§5, 7(a)(1), 42 F.R. 62461, 91 Stat. 1636, 1637; Pub. L. 97–241, title III, §303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 102–499, §2, Oct. 24, 1992, 106 Stat. 3264; Pub. L. 103–415, §1(q), Oct. 25, 1994, 108 Stat. 4301; Pub. L. 105–277, div. G, subdiv. B, title XXIV, §2419, Oct. 21, 1998, 112 Stat. 2681–835, limited appropriations to carry out chapter to amounts previously authorized and prohibited appropriations in excess of such amounts.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
§1477. Transfer of funds
The Secretary shall authorize the transfer to other Government agencies for expenditure in the United States and in other countries, in order to carry out the purposes of this chapter, any part of any appropriations available to the Department for carrying out the purposes of this chapter, for direct expenditure or as a working fund, and any such expenditures may be made under the specific authority contained in this chapter or under the authority governing the activities of the Government agency to which a part of any such appropriation is transferred, provided the activities come within the scope of this chapter.
(Jan. 27, 1948, ch. 36, title VII, §702, 62 Stat. 11.)
§1477a. Omitted
Editorial Notes
Codification
Section, act Jan. 27, 1948, ch. 36, title VII, §703, as added Mar. 30, 1972, Pub. L. 92–264, 86 Stat. 114; amended Aug. 20, 1972, Pub. L. 92–394, 86 Stat. 577; July 6, 1973, Pub. L. 93–59, 87 Stat. 142; 1977 Reorg. Plan No. 2, §7(a)(1), 42 F.R. 62461, 91 Stat. 1637, which authorized appropriations for Radio Free Europe and Radio Liberty for fiscal year 1973 in an amount of $38,520,000, and also authorized an additional $1,150,000 for nondiscretionary costs, has been omitted in view of the authorization not being extended later than fiscal year 1973.
§1477b. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(1), Oct. 21, 1998, 112 Stat. 2681–790
Section, act Jan. 27, 1948, ch. 36, title VII, §704, as added Pub. L. 96–60, title II, §204(e), Aug. 15, 1979, 93 Stat. 400; amended Pub. L. 97–241, title I, §112(b), title III, §303(b), Aug. 24, 1982, 96 Stat. 278, 291; Pub. L. 103–236, title II, §224, Apr. 30, 1994, 108 Stat. 422, related to nondiscretionary personnel costs and currency fluctuations.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
§1477c. Notification and award of grants
The Department of State may award grants for overseas public diplomacy programs only if the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified fifteen days in advance of the proposed grant.
(Jan. 27, 1948, ch. 36, title VII, §705, as added Pub. L. 98–164, title II, §214, Nov. 22, 1983, 97 Stat. 1035; amended Pub. L. 99–93, title II, §214(a), Aug. 16, 1985, 99 Stat. 434; Pub. L. 100–204, title II, §202, Dec. 22, 1987, 101 Stat. 1372; Pub. L. 102–138, title II, §202, Oct. 28, 1991, 105 Stat. 692; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1335(a)(3), Oct. 21, 1998, 112 Stat. 2681–787.)
Editorial Notes
Amendments
1998—Subsec. (a). Pub. L. 105–277, §1335(a)(3)(A), struck out subsec. (a) which read as follows: "Unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified fifteen days in advance of a proposed reprograming, funds appropriated for the United States Information Agency shall not be available for obligation or expenditure through any such reprograming of funds—
"(1) which creates new programs;
"(2) which eliminates a program, project, or activity;
"(3) which increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by the Congress;
"(4) which relocates an office or employees;
"(5) which reorganizes offices, programs, or activities;
"(6) which involves contracting out functions which had been performed by Federal employees; or
"(7) which involves a reprograming in excess of $500,000 or 10 per centum, whichever is less, and which (A) augments existing programs, projects, or activities, (B) reduces by 10 per centum or more the funding for any existing program, project, or activity, or personnel approved by the Congress, or (C) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects approved by the Congress."
Subsec. (b). Pub. L. 105–277, §1335(a)(3)(B), struck out subsec. (b) designation and substituted "The Department of State" for "In addition, the United States Information Agency" and "grants for overseas public diplomacy programs" for "program grants".
Subsec. (c). Pub. L. 105–277, §1335(a)(3)(A), struck out subsec. (c) which read as follows: "Funds appropriated for the United States Information Agency may not be available for obligation or expenditure through any reprogramming described in subsection (a) of this section during the period which is the last 15 days in which such funds are available unless notice of such reprogramming is made before such period."
1991—Subsec. (a)(7). Pub. L. 102–138 substituted "$500,000" for "$250,000".
1987—Subsec. (b). Pub. L. 100–204, §202(a), struck out "for the fiscal years 1986 and 1987" after "may award program grants".
Subsec. (c). Pub. L. 100–204, §202(b), added subsec. (c).
1985—Subsec. (b). Pub. L. 99–93 substituted "1986 and 1987" for "1984 and 1985".
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
Effective Date of 1985 Amendment
Pub. L. 99–93, title II, §214(b), Aug. 16, 1985, 99 Stat. 434, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1985."
§1478. Reimbursement of program expenses from sources other than appropriations; disposition of receipts
The Secretary shall, when he finds it in the public interest, request and accept reimbursement from any cooperating governmental or private source in a foreign country, or from State or local governmental institutions or private sources in the United States, for all or part of the expenses of any portion of the program undertaken hereunder. The amounts so received shall be covered into the Treasury as miscellaneous receipts.
(Jan. 27, 1948, ch. 36, title IX, §901, 62 Stat. 13.)
§1479. Advancement of funds, property, or services by foreign governments; disposition; availability; return of unexpended balances or property
If any other government shall express the desire to provide funds, property, or services to be used by this Government, in whole or in part, for the expenses of any specific part of the program undertaken pursuant to this chapter, the Secretary is authorized, when he finds it in the public interest, to accept such funds, property, or services. Funds so received may be established as a special deposit account in the Treasury of the United States, to be available for the specified purpose, and to be used for reimbursement of appropriations or direct expenditure, subject to the provisions of this chapter. Any unexpended balance of the special deposit account and other property received under this section and no longer required for the purposes for which provided shall be returned to the government providing the funds or property.
(Jan. 27, 1948, ch. 36, title IX, §902, 62 Stat. 13.)
§1480. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 657, 658
Section, act June 20, 1956, ch. 414, title I, §107, 70 Stat. 304, related to maximum rates of per diem in lieu of subsistence payable to foreign participants. See section 2679 of this title.
Acts July 10, 1952, ch. 651, title I, §109, 66 Stat. 555; Aug. 5, 1953, ch. 328, title I, §108, 67 Stat. 371; July 2, 1954, ch. 456, title I, §107, 68 Stat. 418; July 7, 1955, ch. 279, title I, §107, 69 Stat. 270, which contained provision similar to section 1480 of this title, were repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 657, 658.
CHAPTER 19—FOREIGN ASSISTANCE PROGRAM
SUBCHAPTER I—ASSISTANCE TO EUROPEAN COUNTRIES
§§1501, 1502. Repealed. Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144
Section 1501, acts Apr. 3, 1948, ch. 169, title I, §102, 62 Stat. 137; Apr. 19, 1949, ch. 77, §1, 63 Stat. 50; June 5, 1950, ch. 220, title I, §102, 64 Stat. 198, related to congressional declarations and findings. See sections 2151 and 2301 of this title.
Section 1502, act Apr. 3, 1948, ch. 169, title I, §103, 62 Stat. 138, related to participating countries.
§§1503 to 1505. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(4), (10), 68 Stat. 861
Section 1503, acts Apr. 3, 1948, ch. 169, title I, §104, 62 Stat. 138; Apr. 19, 1949, ch. 77, §2, 63 Stat. 50; Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144, related to Economic Cooperation Administration and provided for the creation of a corporation, its powers, duties, and liabilities, termination date, capital stock, employment of personnel and promulgation of rules and regulations.
Section 1504, acts Apr. 3, 1948, ch. 169, title I, §105, 62 Stat. 140; Apr. 19, 1949, ch. 77, §3, 63 Stat. 50; Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144, related to general functions of Administrator.
Section 1505, act Apr. 3, 1948, ch. 169, title I, §107, 62 Stat. 141, related to creation of Public Advisory Board; composition; qualifications; appointment; compensation; expenses; meetings; and additional advisory committees.
§1506. Repealed. Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144
Section, acts Apr. 3, 1948, ch. 169, title I, §108, 62 Stat. 141; Apr. 19, 1949, ch. 77, §4, 63 Stat. 50, related to the United States Special Representative and Deputy Representative abroad; appointment and compensation; and rank. See section 2391 of this title.
§§1507 to 1513. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(4), (6), (9)–(11), 68 Stat. 861
Section 1507, acts Apr. 3, 1948, ch. 169, title I, §109, 62 Stat. 142; Apr. 19, 1949, ch. 77, §5, 63 Stat. 51; Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144, related to special missions for each participating country. See sections 2382, 2391, and 2396 of this title.
Section 1508, acts Apr. 3, 1948, ch. 169, title I, §110, 62 Stat. 142; Apr. 5, 1952, ch. 159, §1, 66 Stat. 43; Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144, related to personnel performing outside United States, their pay and allowances, assignment to Foreign Service Reserve or Staff, employment of aliens and loyalty and security investigation of employees. See section 2385 of this title.
Section 1509, acts Apr. 3, 1948, ch. 169, title I, §111, 62 Stat. 143; Apr. 19, 1949, ch. 77, §6, 63 Stat. 51; June 5, 1950, ch. 220, title I, §103, 64 Stat. 198; Oct. 10, 1951, ch. 479, title V, §522, 65 Stat. 384; June 20, 1952, ch. 449, §7(a), 66 Stat. 143; July 16, 1953, ch. 195, ch. VII, §708(a), 67 Stat. 161, related to assistance to participating countries, nature and methods, terms and conditions; utilization of private channels of trade, terms and conditions; assistance by grants, payments-in-cash or credit, maximum issuance of notes; and funds to promote liberalization of trade among participants. See sections 2351, 2353, 2395 and 2403 of this title.
Section 1510, acts Apr. 3, 1948, ch. 169, title I, §112, 62 Stat. 146; Apr. 19, 1949, ch. 77, §7, 63 Stat. 52; June 5, 1950, ch. 220, title I, §104, 64 Stat. 199; Oct. 10, 1951, ch. 479, title V, §538(c) as added June 20, 1952, ch. 449, §7(m), 66 Stat. 148, related to protection of domestic economy, minimization of procurement in United States, surplus agricultural commodity, definition, procurement, acquisition from Commodity Credit Corporation, payment and payments by Secretary of Agriculture, exclusion of nonparticipating countries, utilization of private channels of trade, assistance by Administrator to aid small business to participate in furnishing commodities and services to program, appointment and duties of special assistant, report to Congress, marine insurance, limitation on use of advertising funds and on purchase price of commodities, price-policy for wheat and wheat-flour, and discriminatory trade practices. See sections 2352, 2354, and 2403 of this title.
Section 1511 act Apr. 3, 1948, ch. 169, title I, §113, 62 Stat. 148, related to reimbursement to Government agencies for commodities, services, or facilities; and transfer of commodities to other Government agencies to prevent spoilage or waste. See sections 2355 and 2392 of this title.
Section 1512, acts Apr. 3, 1948, ch. 169, title I, §114, 62 Stat. 149; Apr. 19, 1949, ch. 77, §8, 63 Stat. 53; June 5, 1950, ch. 220, title I, §105, 64 Stat. 200; act Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144, related to appropriations, interim advances and repayment, availability of certain unobligated funds, appropriation of funds until June 30, 1952, disbursement of funds, merger of certain deposits of participating countries, creation of Foreign Economic Cooperation Trust fund, advances by Reconstruction Finance Corporation, transfer of German assistance funds and payment of expenses of rehabilitation, and deposit of German currency into GARIOA special account and availability of deposited funds. See section 2151 et seq. of this title.
Section 1513, acts Apr. 3, 1948, ch. 169, title I, §115, 62 Stat. 150; Apr. 19, 1949, ch. 77, §9, 63 Stat. 53; June 5, 1950, ch. 220, title I, §106, 64 Stat. 201; Oct. 10, 1951, ch. 479, title V, §§523, 527, 65 Stat. 385; Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144; June 20, 1952, ch. 449, §9, 66 Stat. 150; July 16, 1953, ch. 195, ch. VII, §§708(b), (c), 710(b), 67 Stat. 161, related to bilateral and multilateral undertakings; conclusion of basic agreements by Secretary of State and advisory function of Administrator; conditions precedent for assistance; interim assistance; encouragement of joint organization between participating countries and followup system; utilization of manpower; capital equipment; repatriation of prisoners of war; use of special local currency by United States; procurement of strategic, critical or deficient materials for United States; and publicity regarding American assistance. See section 2151 et seq. of this title.
§1514. Repealed. Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144
Section, act Apr. 3, 1948, ch. 169, title I, §116, 62 Stat. 153, related to assistance by other Western Hemisphere countries.
§§1515 to 1519. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(4), (10), 68 Stat. 861
Section 1515, acts Apr. 3, 1948, ch. 169, title I, §117, 62 Stat. 153; Apr. 19, 1949, ch. 77, §10, 63 Stat. 54; Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144; Oct. 26, 1951, ch. 575, title III, §305, 65 Stat. 647, prescribed additional duties of Administrator to promote production in participating countries and foreign travel by Americans and provided for payment of ocean freight charges on voluntary supplies, availability of ships for emigration from Italy, retention of title and return of ships. See section 2121 et seq. of this title.
Section 1516, acts Apr. 3, 1948, ch. 169, title I, §118, 62 Stat. 154; Apr. 19, 1949, ch. 77, §11, 63 Stat. 55, related to termination of assistance. See section 2367 and 2370 of this title.
Section 1517, act Apr. 3, 1948, ch. 169, title I, §119, 62 Stat. 154, related to exemption of functions, respecting assistance to European countries, from contract and accounting laws. See section 2393 of this title.
Section 1518, act Apr. 3, 1948, ch. 169, title I, §120, 62 Stat. 155, related to exemption of personnel from certain employment laws. See section 2386 of this title.
Section 1519, acts Apr. 3, 1948, ch. 169, title I, §121, 62 Stat. 155; Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144, related to utilization of services and facilities of United Nations and prohibitions, transmittal of copies of Congressional reports on operations to the Secretary-General of the United Nations and registration of agreements.
§§1520 to 1522. Repealed. Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7(c), 66 Stat. 144
Section 1520, act Apr. 3, 1948, ch. 169, title I, §122, 62 Stat. 155, related to termination of program. See section 2367 of this title.
Section 1521, act Apr. 3, 1941, ch. 169, title I, §123, 62 Stat. 156, related to reports to Congress. See section 2394 of this title.
Section 1522, act Apr. 3, 1948, ch. 169, title I, §124, 62 Stat. 156, provided for a Joint Congressional Committee, its composition, vacancies, chairman, functions, committee hearings, attendance of witnesses, cost of stenographic services, penalties, employment of personnel, appropriations and disbursements.
§1523. Repealed. Oct. 26, 1951, ch. 575, title III, §305, 65 Stat. 647
Section, act June 2, 1951, ch. 121, Ch. XIII, §1302(a), 65 Stat. 63, related to assistance denied countries trading with Russia or satellite countries. See section 1611 et seq. of this title. Section 1302(b) of that act repealed section 1304 of act Sept. 27, 1950, ch. 1052, Ch. XIII, 64 Stat. 1066, which contained similar provisions.
SUBCHAPTER II—ASSISTANCE TO INTERNATIONAL CHILDREN'S EMERGENCY FUND
§§1531 to 1536. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(4), (6), 68 Stat. 861
Section 1531, act Apr. 3, 1948, ch. 169, title II, §202, 62 Stat. 157, related to purpose.
Section 1532, acts Apr. 3, 1948, ch. 169, title II, §203, 62 Stat. 157; July 14, 1949, ch. 336, §1, 63 Stat. 412, related to contributions.
Section 1533, act Apr. 3, 1948, ch. 169, title II, §204, 62 Stat. 157, related to limitations on contributions.
Section 1534, acts Apr. 3, 1948, ch. 169, title II, §205, 62 Stat. 157; July 14, 1949, ch. 336, §1, 63 Stat. 412, related to appropriations and availability thereof as relief aid to war devastated countries.
Section 1535, acts Apr. 3, 1948, ch. 169, title II, §206, 62 Stat. 157; July 1, 1949, ch. 336, §1, 63 Stat. 412, related to amount of appropriations in amount of $60,000,000.
Section 1536, act June 5, 1950, ch. 220, title V, §501, 64 Stat. 209, related to additional appropriations in amount of $15,000,000 and made certain funds appropriated by Foreign Aid Appropriation Act, 1949, available through June 30, 1951.
Statutory Notes and Related Subsidiaries
Repeal of Additional Appropriations
Acts June 20, 1952, ch. 449, §12, 66 Stat. 151; Oct. 10, 1951, ch. 479, title V, §545, as added by act July 16, 1953, ch. 195, ch. VI, §603, 67 Stat. 155, were repealed by act Aug. 26, 1954, §542(a)(9)–(11).
SUBCHAPTER III—ASSISTANCE TO CHINA
§§1541 to 1547. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(4), (6), (9)–(11), 68 Stat. 861
Sections 1541–1546, act Apr. 3, 1948, ch. 169, title IV, §§402–407, 62 Stat. 158, 159, related to Congressional findings and declaration of purpose; administration of assistance; appropriations; agreements; monetary advances by and reimbursement to R.F.C.; and Joint Commission on Rural Reconstruction in China, establishment, composition, duties, limitations, apportionment of funds.
Section 1547, acts June 5, 1950, ch. 220, title II, §202, 64 Stat. 202; Oct. 10, 1951, ch. 479, title III, §302(b), 65 Stat. 376; June 20, 1952, ch. 449, §5(c), 66 Stat. 143; July 16, 1953, ch. 195, ch. V, §502, 67 Stat. 154, related to nature of assistance.
Statutory Notes and Related Subsidiaries
Additional Appropriations
Act Apr. 19, 1949, ch. 77, §12, 63 Stat. 55, as amended by act Feb. 14, 1950, ch. 16, §2, 64 Stat. 5, made available additional appropriations for assistance in China.
SUBCHAPTER IV—ASSISTANCE TO KOREA
§§1551, 1552. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(6), (7), 68 Stat. 861
Section 1551, acts Feb. 14, 1950, ch. 16, §3, 64 Stat. 5; June 5, 1950, ch. 220, title I, §107(a), (b), 64 Stat. 202, related to conditions governing furnishing and termination of aid; shipping made available; appropriations; advances; and repayment.
Section 1552, acts Feb. 14, 1950, ch. 16, §4, 64 Stat. 6; June 5, 1950, ch. 220, title I, §107(c), 64 Stat. 202, related to termination of appropriation authorization period.
SUBCHAPTER V—AID TO PALESTINE REFUGEES
§§1556 to 1556b. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(6), 68 Stat. 861
Sections, act June 5, 1950, ch. 220, title III, §§302–304, 64 Stat. 203, related to contributions to United Nations for assistance; authorization of appropriations and advances by R.F.C.; and nature of assistance. See section 2221 of this title.
SUBCHAPTER VI—INTERNATIONAL DEVELOPMENT
§§1557 to 1557k. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(6), (9)–(11), 68 Stat. 861
Section 1557, act June 5, 1950, ch. 220, title IV, §402, 64 Stat. 204, related to Congressional declaration of findings. See section 2151 of this title.
Section 1557a, act June 5, 1950, ch. 220, title IV, §403, 64 Stat. 204, related to Congressional declaration of policy. See section 2151 of this title.
Section 1557b, acts June 5, 1950, ch. 220, title IV, §404, 64 Stat. 205; Oct. 10, 1951, ch. 479, title V, §528(a), 65 Stat. 386; June 20, 1952, ch. 449, §10(a), 66 Stat. 150; July 16, 1953, ch. 195, ch. VII, §709, 67 Stat. 161, related to United States participation in multilateral technical cooperation programs; contributions; and furnishing of services and facilities. See section 2357 of this title.
Section 1557c, act June 5, 1950, ch. 220, title IV, §405, 64 Stat. 205, related to bilateral technical cooperation programs. See section 2171 of this title.
Section 1557d, act June 5, 1950, ch. 220, title IV, §406, 64 Stat. 206, related to registration of agreements with Secretariat of the United Nations.
Section 1557e, acts June 5, 1950, ch. 220, title IV, §407, 64 Stat. 206; Oct. 10, 1951, ch. 479, title V, §528(b), 65 Stat. 386, related to programs.
Section 1557f, act June 5, 1950, ch. 220, title IV, §408, 64 Stat. 206, related to rules and regulations. See section 2381 of this title.
Section 1557g, act June 5, 1950, ch. 220, title IV, §409, 64 Stat. 206, related to advisory board; creation; duties; composition; compensation; and appointment of special committees.
Section 1557h, act June 5, 1950, ch. 220, title IV, §410, 64 Stat. 207, related to joint commission for economic development; appointment and compensation; duties; preparation of reports and studies; recommendations, and costs.
Section 1557i, act June 5, 1950, ch. 220, title IV, §411, 64 Stat. 207, related to termination of assistance. See section 2367 of this title.
Section 1557j, act June 5, 1950, ch. 220, title IV, §412, 64 Stat. 207, related to delegation of authority by President. See section 2381 of this title.
Section 1557k, acts June 5, 1950, ch. 220, title IV, §413, 64 Stat. 207; June 20, 1952, ch. 449, §10(b), 66 Stat. 150, related to employment of personnel. See sections 2385 to 2388 of this title.
Statutory Notes and Related Subsidiaries
Repeal of Appropriations
Act Oct. 10, 1951, ch. 479, title V, §544, as added by act July 16, 1953, ch. 195, ch. VI, §602, 67 Stat. 155, which authorized appropriations for fiscal year 1954, was repealed by act Aug. 26, 1954, §542(a)(9), (11).
§1557l. Repealed. Oct. 10, 1951, ch. 479, title V, §528(c), 65 Stat. 386
Section, act June 5, 1950, ch. 220, title IV, §414, 64 Stat. 208, related to personnel investigations by the Federal Bureau of Investigation.
§§1557m to 1557o. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(6), 68 Stat. 861
Section 1557m, act June 5, 1950, ch. 220, title IV, §415, 64 Stat. 208, required the President to submit an annual report to Congress. See section 2394 of this title.
Section 1557n, act June 5, 1950, ch. 220, title IV, §416, 64 Stat. 208, related to authorization for appropriations; original appropriation; and express or implied commitments. See section 2404 of this title.
Section 1557o, act June 5, 1950, ch. 220, title IV, §418, 64 Stat. 209, defined the terms "technical cooperation programs," "United States Government agency" and "international organization." See section 2403 of this title.
SUBCHAPTER VII—ASSISTANCE TO YUGOSLAVIA
§§1558 to 1558h. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(8), 68 Stat. 861
Sections 1558 to 1558c, act Dec. 29, 1950, ch. 1182, §§2–5, 64 Stat. 1122, 1123, related to amount of funds available; agreement; terms; utilization of available funds; and nonendorsement of internal measures of Yugoslavian Government.
Section 1558d, act Dec. 29, 1950, ch. 1182, §6, 64 Stat. 1123, required the Secretary of State to make quarterly reports to Congress. See section 2394 of this title.
Sections 1558e to 1558g, act Dec. 29, 1950, ch. 1182, §§7–9, 64 Stat. 1123, 1124, related to transfer of available funds to Federal departments or agencies; local currency made available to United States; and shipping regulations. See sections 2353 and 2360 of this title.
Section 1558h, act Dec. 29, 1950, ch. 1182, §10, 64 Stat. 1124, related to termination of assistance. See section 2367 of this title.
CHAPTER 20—MUTUAL DEFENSE ASSISTANCE PROGRAM
SUBCHAPTER I—GENERAL PROVISIONS
§§1571 to 1584. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(5), (9)–(11), 68 Stat. 861
Section 1571, act Oct. 6, 1949, ch. 626, §1, 63 Stat. 714, related to Congressional declaration of findings and policy.
Section 1572, act Oct. 6, 1949, ch. 626, title IV, §401, 63 Stat. 716, related to furnishing of military assistance without payment and limitation. See section 2355 of this title.
Section 1573, act Oct. 6, 1949, ch. 626, title IV, §402, 63 Stat. 717, related to agreements with other nations prior to furnishing aid and provisions thereof.
Section 1574, acts Oct. 6, 1949, ch. 626, title IV, §403, 63 Stat. 717; July 26, 1950, ch. 491, §§9, 10, 64 Stat. 375; Oct. 10, 1951, ch. 479, title V, §526, 65 Stat. 385; June 20, 1952, ch. 449, §8(a), 66 Stat. 148; July 16, 1953, ch. 195, ch. VII, §707(a), 67 Stat. 160, related to funds.
Section 1575, acts Oct. 6, 1949, ch. 626, title IV, §404, 63 Stat. 718; July 26, 1950, ch. 491, §11, 64 Stat. 376, related to delegation of President's powers. See section 2381 of this title.
Section 1576, acts Oct. 6, 1949, ch. 626, title IV, §405, 63 Stat. 718; July 26, 1950, ch. 491, §13, 64 Stat. 377, related to termination of assistance. See section 2367 of this title.
Section 1577, act Oct. 6, 1949, ch. 626, title IV, §406, 63 Stat. 718, related to personnel.
Section 1578, act Oct. 6, 1949, ch. 626, title IV, §407, 63 Stat. 719, related to unaffected laws and performance of functions by President.
Section 1579, acts Oct. 6, 1949, ch. 626, title IV, §408(a)–(d), 63 Stat. 719; July 26, 1950, ch. 491, §12(b), 64 Stat. 376; Oct. 10, 1951, ch. 479, §101(a)(1), 65 Stat. 374, related to operational funds.
Section 1580, acts Oct. 6, 1949, ch. 626, title IV, §408(e), (f), 63 Stat. 720; July 26, 1950, ch. 491, §12(c), 64 Stat. 376; Oct. 10, 1951, ch. 479, title V, §525, 65 Stat. 385; June 20, 1952, ch. 449, §8(b), 66 Stat. 149; July 16, 1953, ch. 195, ch. VII, §707(b), (c), 67 Stat. 160, related to transfer of equipment, materials, or services to designated nations; reimbursement of "fair value" of goods to United States; limitation on outstanding contracts; and transfers disallowed.
Section 1581, act Oct. 6, 1949, ch. 626, title IV, §409, 63 Stat. 720, related to transportation of equipment, etc., on United States flag vessels; rates. See section 2353 of this title.
Section 1582, act Oct. 6, 1949, ch. 626, title IV, §410, 63 Stat. 720, required President to submit reports to Congress. See section 2353 of this title.
Section 1583, acts Oct. 6, 1949, ch. 626, title IV, §411, 63 Stat. 720; July 16, 1953, ch. 195, title VII, §707(d), 67 Stat. 161, defined "equipment" and "materials", "mobilization reserve", "excess", "services", "agency", "Armed Forces of the United States", and "nation". See section 2403 of this title.
Section 1584, act Oct. 6, 1949, ch. 626, title IV, §412, 63 Stat. 721, prescribed penalties for accepting commissions, etc., for procurement services by United States officers and employees.
§1585. Omitted
Editorial Notes
Codification
Section was enacted as a part of the Supplemental Appropriation Act, 1951, act Sept. 27, 1950, ch. 1052, ch. X, §100, 64 Stat. 1063, and was not repeated in subsequent appropriation acts.
SUBCHAPTER II—NORTH ATLANTIC TREATY NATIONS
§§1591 to 1594. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(5), 68 Stat. 861
Section 1591, acts Oct. 6, 1949, ch. 626, title I, §101, 63 Stat. 715; July 26, 1950, ch. 491, §1, 64 Stat. 373, related to form of assistance and agreements concerning use.
Section 1592, acts Oct. 6, 1949, ch. 626, title I, §102, 63 Stat. 715; July 26, 1950, ch. 491, §2, 64 Stat. 374, related to appropriations.
Section 1593, act Oct. 6, 1949, ch. 626, title I, §103, 63 Stat. 715, related to additional contract authorizations.
Section 1594, acts Oct. 6, 1949, ch. 626, title I, §104, 63 Stat. 715; July 26, 1950, ch. 491, §3, 64 Stat. 374, related to limitation on use of funds.
See section 2151 et seq. of this title.
SUBCHAPTER III—OTHER NATIONS
§§1601 to 1604. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(5), 68 Stat. 861
Section 1601, acts Oct. 6, 1949, ch. 626, title II, §201, 63 Stat. 716; July 26, 1950, ch. 491, §5, 64 Stat. 375, related to appropriations for Greece, Turkey, and Iran.
Section 1602, acts Oct. 6, 1949, ch. 626, title III, §301, 63 Stat. 716; July 26, 1950, ch. 491, §6, 64 Stat. 375, related to military assistance to Republics of Korea and Philippines.
Section 1603, acts Oct. 6, 1949, ch. 626, title III, §302, 63 Stat. 716; July 26, 1950, ch. 491, §7, 64 Stat. 375, related to appropriations for military assistance to Republics of Korea and Philippines.
Section 1604, acts Oct. 6, 1949, ch. 626, title III, §303, 63 Stat. 716; July 26, 1950, ch. 491, §8, 64 Stat. 375, related to appropriations for general area of China.
See section 2151 et seq. of this title.
CHAPTER 20A—MUTUAL DEFENSE ASSISTANCE CONTROL PROGRAM
SUBCHAPTER I—WAR MATERIALS
§§1611 to 1611d. Omitted
Editorial Notes
Codification
Sections, act Oct. 26, 1951, ch. 575, title I, §§101–105, 65 Stat. 645; H. Res. 163, Mar. 19, 1975, were superseded, effective October 1, 1979, by former section 4619(e) of Title 50, War and National Defense.
Section 1611 set forth the Congressional declaration of policy.
Section 1611a related to responsibility for administration.
Section 1611b related to determinations respecting items to be embargoed.
Section 1611c related to resumption of assistance upon determination of compliance by the President.
Section 1611d defined "assistance" for purposes of this chapter.
Statutory Notes and Related Subsidiaries
Short Title
Act Oct. 26, 1951, ch. 575, §1, 65 Stat. 645, which provided that this chapter be cited as the "Mutual Defense Assistance Control Act of 1951", was superseded, effective October 1, 1979, by former section 4619(e) of Title 50, War and National Defense.
SUBCHAPTER II—OTHER MATERIALS
§§1612 to 1612b. Omitted
Editorial Notes
Codification
Sections, act Oct. 26, 1951, ch. 575, title II, §§201–203, 65 Stat. 646, were superseded, effective October 1, 1979, by former section 4619(e) of Title 50, War and National Defense.
Section 1612 related to regulation of exports other than war materials.
Section 1612a related to negotiations with recipient countries for control of exports.
Section 1612b related to termination of assistance upon determination by the President.
SUBCHAPTER III—GENERAL PROVISIONS
§§1613 to 1613d. Omitted
Editorial Notes
Codification
Sections, acts Oct. 26, 1951, ch. 575, title III, §§301–305, 65 Stat. 647; Sept. 4, 1961, Pub. L. 87–195, pt. IV, §703(a), 75 Stat. 463; Oct. 19, 1980, Pub. L. 96–470, title I, §111(a), 94 Stat. 2239, were superseded, effective October 1, 1979, by former section 4619(e) of Title 50, War and National Defense.
Section 1613 set forth provisions relating to cooperation in the program by non-recipient countries.
Section 1613a related to duties of the Administrator with respect to this chapter.
Section 1613b related to applicability of other Federal statutory provisions and to availability of funds.
Section 1613c related to charging expenses to local-currency funds.
Section 1613d authorized appropriations necessary to carry out the objectives of this chapter.
CHAPTER 21—SETTLEMENT OF INTERNATIONAL CLAIMS
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND RUMANIAN PROPERTY
SUBCHAPTER III—CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY, AND THE SOVIET UNION
SUBCHAPTER IV—CLAIMS AGAINST CZECHOSLOVAKIA
SUBCHAPTER V—CLAIMS AGAINST CUBA AND CHINA
SUBCHAPTER VI—CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC
SUBCHAPTER VII—CLAIMS AGAINST VIETNAM
SUBCHAPTER I—GENERAL PROVISIONS
Editorial Notes
Codification
1955—Sections 1621 to 1627 of this title, which constituted the International Claims Settlement Act of 1949, were designated title I of such Act, herein referred to as subchapter I for purposes of codification, by act Aug. 9, 1955, ch. 645, §1, 69 Stat. 562.
§1621. Definitions
For the purposes of this subchapter—
(a) The term "person" shall include an individual, partnership, corporation, or the Government of the United States.
(b) The term "United States" when used in a geographical sense shall include the United States, its Territories and insular possessions, and the Canal Zone.
(c) The term "nationals of the United States" includes (1) persons who are citizens of the United States, and (2) persons who, though not citizens of the United States, owe permanent allegiance to the United States. It does not include aliens.
(d) The term "Yugoslav Claims Agreement of 1948" means the agreement between the Governments of the United States of America and of the Federal People's Republic of Yugoslavia regarding pecuniary claims of the United States and its nationals, signed July 19, 1948.
(Mar. 10, 1950, ch. 54, title I, §2, 64 Stat. 13; Aug. 9, 1955, ch. 645, §§1, 2, 69 Stat. 562.)
Editorial Notes
References in Text
For definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of this title.
Amendments
1955—Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".
Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter" in opening phrase.
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L. 104–91, set out as an Authority of Foreign Claims Settlement Commission note under section 1644 of this title.
Short Title of 1999 Amendment
Pub. L. 106–155, §1, Dec. 9, 1999, 113 Stat. 1740, provided that: "This Act [amending provisions set out as a note below] may be cited as the 'U.S. Holocaust Assets Commission Extension Act of 1999'."
Short Title
Act Mar. 10, 1950, ch. 54, §1, 64 Stat. 12, provided that: "This Act [enacting this chapter] may be cited as the 'International Claims Settlement Act of 1949'."
Titles of Act
Act Aug. 9, 1955, ch. 645, §§1, 3, 69 Stat. 562, designated sections 1621 to 1627 of this title as "Title I" of act Mar. 10, 1950, which is classified to subchapter I of this chapter and added "Title II—Vesting and Liquidation of Bulgarian, Hungarian, and Rumanian Property" and "Title III—Claims Against Bulgaria, Hungary, Rumania, Italy, and the Soviet Union", which are classified to subchapters II and III, respectively, of this chapter. Pub. L. 85–604 added Title IV, Claims Against Czechoslovakia, which is classified to subchapter IV of this chapter. Pub. L. 88–666 added Title V, Claims Against Cuba and China, which is classified to subchapter V of this chapter. Pub. L. 94–542 added Title VI, Claims Against German Democratic Republic, which is classified to subchapter VI of this chapter. Pub. L. 96–606 added Title VII, Claims Against Vietnam, which is classified to subchapter VII of this chapter.
Appropriations
Act Mar. 10, 1950, ch. 54, §9, 64 Stat. 18, provided that: "There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Commission to carry out its functions under this Act [enacting this chapter]."
Guam World War II Loyalty Recognition
Pub. L. 114–328, div. A, title XVII, Dec. 23, 2016, 130 Stat. 2642, as amended by Pub. L. 116–132, §1, Mar. 26, 2020, 134 Stat. 273, provided that:
"SEC. 1701. SHORT TITLE.
"This title may be cited as the 'Guam World War II Loyalty Recognition Act'.
"SEC. 1702. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM.
"(a)
"(b)
"SEC. 1703. GUAM WORLD WAR II CLAIMS FUND.
"(a)
"(b)
"(c)
"(1)
"(A) any amount of duties, taxes, and fees collected under such section after fiscal year 2014, over
"(B) the amount of duties, taxes, and fees collected under such section during fiscal year 2014,
shall be deposited into the Claims Fund.
"(2)
"(d)
"(1)
"(2)
"(e)
"SEC. 1704. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
"(a)
"(1)
"(A) In the case of a victim who has suffered an injury described in subsection (c)(2)(A), $15,000.
"(B) In the case of a victim who is not described in subparagraph (A), but who has suffered an injury described in subsection (c)(2)(B), $12,000.
"(C) In the case of a victim who is not described in subparagraph (A) or (B), but who has suffered an injury described in subsection (c)(2)(C), $10,000.
"(2)
"(b)
"(1) In the case of a decedent whose spouse is living as of the date of the enactment of this Act [Dec. 23, 2016], but who had no living children as of such date, the payment shall be made to such spouse.
"(2) In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares.
"(3) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares.
"(4) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who—
"(A) had a parent who is living as of such date, the payment shall be made to the parent; or
"(B) had two parents who are living as of such date, the payment shall be divided equally between the parents.
"(5) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living as of such date, no payment shall be made.
"(c)
"(1)
"(2)
"(A) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis).
"(B) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns).
"(C) Forced march, internment, or hiding to evade internment.
"(3)
"SEC. 1705. ADJUDICATION.
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) in the Federal Register; and
"(ii) in newspaper, radio, and television media in Guam.
"(3)
"(A) be by majority vote;
"(B) be in writing;
"(C) state the reasons for the approval or denial of the claim; and
"(D) if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment.
"(4)
"(5)
"(6)
"(A)
"(B)
"(7)
"(8)
"(9)
"(10)
"SEC. 1706. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING WORLD WAR II.
"(a)
"(1) memorialize the events surrounding such occupation; or
"(2) honor the loyalty of the people of Guam during such occupation.
"(b)
"SEC. 1707. AUTHORIZATION OF APPROPRIATIONS.
["(a) Repealed. Pub. L. 116–132, §1(3), Mar. 26, 2020, 134 Stat. 273.]
"(b)
[Pub. L. 116–132, §1(2), which directed amendment of section 1704(a) of Pub. L. 114–328, set out above, by substituting "from the Claims Fund" for ", subject to the availability of appropriations,", was executed by making the substitution for ", subject to the availably of appropriations," to reflect the probable intent of Congress.]
Holocaust Expropriated Art Recovery
Pub. L. 114–308, Dec. 16, 2016, 130 Stat. 1524, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Holocaust Expropriated Art Recovery Act of 2016'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) It is estimated that the Nazis confiscated or otherwise misappropriated hundreds of thousands of works of art and other property throughout Europe as part of their genocidal campaign against the Jewish people and other persecuted groups. This has been described as the 'greatest displacement of art in human history'.
"(2) Following World War II, the United States and its allies attempted to return the stolen artworks to their countries of origin. Despite these efforts, many works of art were never reunited with their owners. Some of the art has since been discovered in the United States.
"(3) In 1998, the United States convened a conference with 43 other nations in Washington, DC, known as the Washington Conference, which produced Principles on Nazi-Confiscated Art. One of these principles is that 'steps should be taken expeditiously to achieve a just and fair solution' to claims involving such art that has not been restituted if the owners or their heirs can be identified.
"(4) The same year, Congress enacted the Holocaust Victims Redress Act (Public Law 105–158, 112 Stat. 15), which expressed the sense of Congress that 'all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.'.
"(5) In 2009, the United States participated in a Holocaust Era Assets Conference in Prague, Czech Republic, with 45 other nations. At the conclusion of this conference, the participating nations issued the Terezin Declaration, which reaffirmed the 1998 Washington Conference Principles on Nazi-Confiscated Art and urged all participants 'to ensure that their legal systems or alternative processes, while taking into account the different legal traditions, facilitate just and fair solutions with regard to Nazi-confiscated and looted art, and to make certain that claims to recover such art are resolved expeditiously and based on the facts and merits of the claims and all the relevant documents submitted by all parties.'. The Declaration also urged participants to 'consider all relevant issues when applying various legal provisions that may impede the restitution of art and cultural property, in order to achieve just and fair solutions, as well as alternative dispute resolution, where appropriate under law.'.
"(6) Victims of Nazi persecution and their heirs have taken legal action in the United States to recover Nazi-confiscated art. These lawsuits face significant procedural obstacles partly due to State statutes of limitations, which typically bar claims within some limited number of years from either the date of the loss or the date that the claim should have been discovered. In some cases, this means that the claims expired before World War II even ended. (See, e.g., Detroit Institute of Arts v. Ullin, No. 06–10333, 2007 WL 1016996 (E.D. Mich. Mar. 31, 2007).) The unique and horrific circumstances of World War II and the Holocaust make statutes of limitations especially burdensome to the victims and their heirs. Those seeking recovery of Nazi-confiscated art must painstakingly piece together their cases from a fragmentary historical record ravaged by persecution, war, and genocide. This costly process often cannot be done within the time constraints imposed by existing law.
"(7) Federal legislation is needed because the only court that has considered the question held that the Constitution prohibits States from making exceptions to their statutes of limitations to accommodate claims involving the recovery of Nazi-confiscated art. In Von Saher v. Norton Simon Museum of Art, 592 F.3d 954 (9th Cir. 2009), the United States Court of Appeals for the Ninth Circuit invalidated a California law that extended the State statute of limitations for claims seeking recovery of Holocaust-era artwork. The Court held that the law was an unconstitutional infringement of the Federal Government's exclusive authority over foreign affairs, which includes the resolution of war-related disputes. In light of this precedent, the enactment of a Federal law is necessary to ensure that claims to Nazi-confiscated art are adjudicated in accordance with United States policy as expressed in the Washington Conference Principles on Nazi-Confiscated Art, the Holocaust Victims Redress Act, and the Terezin Declaration.
"(8) While litigation may be used to resolve claims to recover Nazi-confiscated art, it is the sense of Congress that the private resolution of claims by parties involved, on the merits and through the use of alternative dispute resolution such as mediation panels established for this purpose with the aid of experts in provenance research and history, will yield just and fair resolutions in a more efficient and predictable manner.
"SEC. 3. PURPOSES.
"The purposes of this Act are the following:
"(1) To ensure that laws governing claims to Nazi-confiscated art and other property further United States policy as set forth in the Washington Conference Principles on Nazi-Confiscated Art, the Holocaust Victims Redress Act, and the Terezin Declaration.
"(2) To ensure that claims to artwork and other property stolen or misappropriated by the Nazis are not unfairly barred by statutes of limitations but are resolved in a just and fair manner.
"SEC. 4. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(A) pictures, paintings, and drawings;
"(B) statuary art and sculpture;
"(C) engravings, prints, lithographs, and works of graphic art;
"(D) applied art and original artistic assemblages and montages;
"(E) books, archives, musical objects and manuscripts (including musical manuscripts and sheets), and sound, photographic, and cinematographic archives and mediums; and
"(F) sacred and ceremonial objects and Judaica.
"(3)
"(4)
"(5)
"SEC. 5. STATUTE OF LIMITATIONS.
"(a)
"(1) the identity and location of the artwork or other property; and
"(2) a possessory interest of the claimant in the artwork or other property.
"(b)
"(c)
"(1) before the date of enactment of this Act—
"(A) a claimant had knowledge of the elements set forth in subsection (a); and
"(B) the civil claim or cause of action was barred by a Federal or State statute of limitations; or
"(2)(A) before the date of enactment of this Act, a claimant had knowledge of the elements set forth in subsection (a); and
"(B) on the date of enactment of this Act, the civil claim or cause of action was not barred by a Federal or State statute of limitations.
"(d)
"(1) pending in any court on the date of enactment of this Act [Dec. 16, 2016], including any civil claim or cause of action that is pending on appeal or for which the time to file an appeal has not expired; or
"(2) filed during the period beginning on the date of enactment of this Act and ending on December 31, 2026.
"(e)
"(1) the claimant or a predecessor-in-interest of the claimant had knowledge of the elements set forth in subsection (a) on or after January 1, 1999; and
"(2) not less than 6 years have passed from the date such claimant or predecessor-in-interest acquired such knowledge and during which time the civil claim or cause of action was not barred by a Federal or State statute of limitations.
"(f)
"(g)
United States Holocaust Assets Commission
Pub. L. 105–186, June 23, 1998, 112 Stat. 611, as amended by Pub. L. 106–155, §2, Dec. 9, 1999, 113 Stat. 1740; Pub. L. 117–286, §4(a)(164), Dec. 27, 2022, 136 Stat. 4323, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'U.S. Holocaust Assets Commission Act of 1998'.
"SEC. 2. ESTABLISHMENT OF COMMISSION.
"(a)
"(b)
"(1)
"(2)
"(A) eight shall be private citizens, appointed by the President;
"(B) four shall be representatives of the Department of State, the Department of Justice, the Department of the Army, and the Department of the Treasury (one representative of each such Department), appointed by the President;
"(C) two shall be Members of the House of Representatives, appointed by the Speaker of the House of Representatives;
"(D) two shall be Members of the House of Representatives, appointed by the minority leader of the House of Representatives;
"(E) two shall be Members of the Senate, appointed by the majority leader of the Senate;
"(F) two shall be Members of the Senate, appointed by the minority leader of the Senate; and
"(G) one shall be the Chairperson of the United States Holocaust Memorial Council.
"(3)
"(4)
"(5)
"(c)
"(d)
"(e)
"(f)
"(g)
"SEC. 3. DUTIES OF THE COMMISSION.
"(a)
"(1)
"(A) after having been obtained from victims of the Holocaust by, on behalf of, or under authority of a government referred to in subsection (c);
"(B) because such assets were left unclaimed as the result of actions taken by, on behalf of, or under authority of a government referred to in subsection (c); or
"(C) in the case of assets consisting of gold bullion, monetary gold, or similar assets, after such assets had been obtained by the Nazi government of Germany from governmental institutions in any area occupied by the military forces of the Nazi government of Germany.
"(2)
"(A) gold, including gold bullion, monetary gold, or similar assets in the possession of or under the control of the Board of Governors of the Federal Reserve System or any Federal reserve bank;
"(B) gems, jewelry, and nongold precious metals;
"(C) accounts in banks in the United States;
"(D) domestic financial instruments purchased before May 8, 1945, by individual victims of the Holocaust, whether recorded in the name of the victim or in the name of a nominee;
"(E) insurance policies and proceeds thereof;
"(F) real estate situated in the United States;
"(G) works of art; and
"(H) books, manuscripts, and religious objects.
"(3)
"(4)
"(A)
"(i) The list maintained by the United States Holocaust Memorial Museum in Washington, D.C., of Jewish Holocaust survivors.
"(ii) The list maintained by the Yad Vashem Holocaust Memorial Authority in its Hall of Names of individuals who died in the Holocaust.
"(B)
"(i) The number of policies issued by each company to individuals described in such subparagraph.
"(ii) The value of each policy at the time of issue.
"(iii) The total number of policies, and the dollar amount, that have been paid out.
"(iv) The total present-day value of assets in the United States of each company.
"(C)
"(b)
"(1) after having been obtained from victims of the Holocaust by, on behalf of, or under authority of a government referred to in subsection (c); or
"(2) because such assets were left unclaimed as the result of actions taken by, on behalf of, or under authority of a government referred to in subsection (c).
"(c)
"(1) the Nazi government of Germany;
"(2) any government in any area occupied by the military forces of the Nazi government of Germany;
"(3) any government established with the assistance or cooperation of the Nazi government of Germany; and
"(4) any government which was an ally of the Nazi government of Germany.
"(d)
"(1)
"(2)
"SEC. 4. POWERS OF THE COMMISSION.
"(a)
"(b)
"(c)
"(d)
"(e)
"(1) enter into contracts and modify, or consent to the modification of, any contract or agreement to which the Commission is a party; and
"(2) acquire, hold, lease, maintain, or dispose of real and personal property.
"SEC. 5. COMMISSION PERSONNEL MATTERS.
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(A) serve as principal liaison between the Commission and other Government entities;
"(B) be responsible for the administration and coordination of the review of records by the Commission; and
"(C) be responsible for coordinating all official activities of the Commission.
"(4)
"(A) the rate of pay for the executive director of the Commission may not exceed the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code; and
"(B) the rate of pay for the deputy executive director, the general counsel of the Commission, and other Commission personnel may not exceed the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
"(5)
"(A)
"(B)
"(6)
"(A) may promulgate regulations to apply the provisions referred to under subsection (a) to employees of the Commission; and
"(B) shall provide support services, on a reimbursable basis, relating to—
"(i) the initial employment of employees of the Commission; and
"(ii) other personnel needs of the Commission.
"(d)
"(e)
"(f)
"(g)
"(1)
"(2)
"(h)
"SEC. 6. ADMINISTRATIVE SUPPORT SERVICES.
"Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act.
"SEC. 7. TERMINATION OF THE COMMISSION.
"The Commission shall terminate 90 days after the date on which the Commission submits its final report under section 3.
"SEC. 8. MISCELLANEOUS PROVISIONS.
"(a)
"(b)
"SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated not more than $6,000,000, in total, for the interagency funding of activities of the Commission under this Act for fiscal years 1998, 1999, 2000, and 2001, of which, notwithstanding section 1346 of title 31, United States Code, and section 611 of the Treasury and General Government Appropriations Act, 1998 [Pub. L. 105–61, 111 Stat. 1310], $537,000 shall be made available in equal amounts from funds made available for fiscal year 1998 to the Departments of Justice, State, and the Army that are otherwise unobligated. Funds made available to the Commission pursuant to this section shall remain available for obligation until December 31, 1999."
Executive Documents
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a note under section 1622 of this title.
§1622. Establishment of International Claims Commission
(a), (b) Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 656
(c) Rules and regulations; termination date; removal of personnel; reports
The Commission may prescribe such rules and regulations as may be necessary to enable it to carry out its functions, and may delegate functions to any member, officer, or employee of the Commission. The President may fix a termination date for the authority of the Commission, and the terms of office of its members under this subchapter. Any member of the Commission may be removed by the Secretary of State, upon notice and hearing, for neglect of duty, or malfeasance in office, but for no other cause. Not later than six months after its organization, and every six months 1 thereafter, the Commission shall make a report, through the Secretary of State, to the Congress concerning its operations under this subchapter. The Commission shall, upon completion of its work, certify in duplicate to the Secretary of State and to the Secretary of the Treasury the following: (1) A list of all claims disallowed; (2) a list of all claims allowed, in whole or in part, together with the amount of each claim and the amount awarded thereon; and (3) a copy of the decision rendered in each case.
(Mar. 10, 1950, ch. 54, title I, §3, 64 Stat. 13; Aug. 8, 1953, ch. 396, §3, 67 Stat. 506; 1954 Reorg. Plan No. 1, §§1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279; Aug. 9, 1955, ch. 645, §§1, 2, 69 Stat. 562; Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 656, 657.)
Editorial Notes
Amendments
1966—Subsec. (a). Pub. L. 89–554 repealed subsec. (a) which related to the composition, appointment, chairman, quorum, and acting members of the Commission.
Subsec. (b). Pub. L. 89–554 repealed subsec. (b) which provided for the principal office of the Commission, and for the appointment and compensation of personnel.
Subsec. (d). Pub. L. 89–554 repealed subsec. (d) which related to a limitation on additional appointments to the Commission.
1955—Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".
Subsec. (c). Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter".
1953—Act Aug. 8, 1953, added par. at end which was editorially designated as subsec. (d).
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L. 104–91, set out as an Authority of Foreign Claims Settlement Commission note under section 1644 of this title.
Modification of Reporting Requirements
Pub. L. 89–348, §2(7), Nov. 8, 1965, 79 Stat. 1312, modified the reporting requirements of subsec. (c) of this section as follows: "From semiannual to annual submission to the Congress by the Foreign Claims Settlement Commission of the United States of a report concerning its operations under the International Claims Settlement Act of 1949 (64 Stat. 13; 22 U.S.C. 1622(c))."
Executive Documents
Abolition of International Claims Commission
International Claims Commission of the United States abolished by Reorg. Plan No. 1 of 1954, §4(a), eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a note below.
Abolition of Functions of Secretary of State
The functions of the Secretary of State under the third and fourth sentences of subsec. (c) of this section were abolished by Reorg. Plan No. 1 of 1954, §4(b), eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a note below.
REORGANIZATION PLAN NO. 1 OF 1954
Eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 29, 1954, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].
FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES
Section 1. Establishment of Commission
There is hereby established the Foreign Claims Settlement Commission of the United States, hereinafter referred to as the Commission. The Commission shall be composed of three members, who shall each be appointed by the President by and with the advice and consent of the Senate, hold office during the pleasure of the President, and receive compensation at the rate of $15,000 per annum. The President shall from time to time designate one of the members of the Commission as the Chairman of the Commission, hereinafter referred to as the Chairman. Two members of the Commission shall constitute a quorum for the transaction of the business of the Commission.
Sec. 2. Transfer of Functions
(a) All functions of the War Claims Commission and of the members, officers, and employees thereof are hereby transferred to the Foreign Claims Settlement Commission of the United States.
(b) All functions of the International Claims Commission of the United States (hereinafter referred to as the International Claims Commission) and the members, officers, and employees thereof are hereby transferred to the Foreign Claims Settlement Commission of the United States.
(c) The functions of the Secretary of State and of the Department of State with respect to the International Claims Commission and its affairs, exclusive of the functions of the said Secretary and Department under sections 3(c), 4(b), and 5, and the first sentence of section 8(d), of the International Claims Settlement Act of 1949, 64 Stat. 12, as amended [22 U.S.C. 1622(c), 1623(b), 1624, and 1627(d)], are hereby transferred to the Commission.
(d) The functions of the Commissioner provided for in the Joint Resolution approved August 4, 1939, ch. 421, 53 Stat. 1199, together with the functions of the Secretary of State under section 2 thereof, are hereby transferred to the Commission.
Sec. 3. Certain Functions of Chairman
There are hereby vested in the Chairman all functions of the Commission with respect to the internal management of the affairs of the Commission, including but not limited to functions with respect to: (a) the appointment of personnel employed under the Commission, (b) the direction of employees of the Commission and the supervision of their official activities, (c) the distribution of business among employees and organizational units under the Commission, (d) the preparation of budget estimates, and (e) the use and expenditure of funds of the Commission available for expenses of administration.
Sec. 4. Abolitions
(a) The War Claims Commission provided for in the War Claims Act of 1948, 62 Stat. 1240, as amended [50 U.S.C. 4101 et seq.] and the International Claims Commission, provided for in the International Claims Settlement Act of 1949, as amended [22 U.S.C. 1621–1627], including the offices of the members of each of the said commissions, and the office of Commissioner provided for in the aforesaid Joint Resolution of August 4, 1939, are hereby abolished.
(b) The functions of the Secretary of State under the third and fourth sentences of section 3(c) of the International Claims Settlement Act of 1949, as amended [22 U.S.C. 1622(c)], are hereby abolished.
Sec. 5. Authorization To Delegate
The Commission is hereby authorized to delegate any of its functions to one or more persons designated by the Commission from among the members of the Commission and the officers and employees serving under the Commission.
Sec. 6. Transitional Provisions
(a) Any person who is a member or acting member of the War Claims Commission or of the International Claims Commission immediately prior to the taking effect of the provisions of this reorganization plan may be designated by the President as an acting member of the Foreign Claims Settlement Commission of the United States in respect of an office of member the initial appointment to which has not then been made under section 1 of this reorganization plan. Each such acting member of the said Foreign Claims Settlement Commission shall perform the duties and receive the compensation of member. Unless sooner terminated, the tenure of any acting member designated hereunder shall terminate when the office of member concerned is filled in pursuance of section 1 hereof, or 120 days after the effective date of this reorganization plan, whichever is earlier.
(b) The Chairman shall make such provisions as may be necessary with respect to winding up any affairs of the agencies abolished by the provisions of this reorganization plan not otherwise provided for herein.
(c) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, available, or to be made available, in connection with the functions transferred by section 2 of this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Commission at such time or times as the said Director shall direct.
(d) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection (c) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.
Sec. 7. Effective Date
The provisions of this reorganization plan shall take effect on the date determined under section 6(a) of the Reorganization Act of 1949, as amended or the first day of July, 1954, whichever is later.
[For provisions transferring the Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see 22 U.S.C. 1622a et seq.]
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 1 of 1954, prepared in accordance with the Reorganization Act of 1949, as amended.
The reorganization plan establishes a new Government agency, the Foreign Claims Settlement Commission of the United States; transfers to that Commission the functions of the War Claims Commission and of the International Claims Commission of the United States; and abolishes the latter two Commissions.
The Foreign Claims Settlement Commission will be composed of three members appointed by the President by and with the advice and consent of the Senate. The President will designate one of the members as Chairman of the Commission. The Chairman will be responsible for the internal management of the affairs of the Commission. The reorganization plan contains provisions designed to assure smooth administration of functions during the period of transition to the new organization.
The War Claims Commission was created as a temporary agency by the War Claims Act of 1948. The Commission was made responsible for settling certain claims of former United States World War II prisoners of war, civilian internees captured or in hiding to avoid capture in the Philippines, Guam, Wake Island, and the Midway Islands, and certain religious organizations in the Philippines which had aided American forces during the war. In 1952, the Commission was assigned, additionally, the administration of claims of Philippine religious organizations which sustained losses of their educational, medical, and welfare facilities in the war, and of benefits to United States prisoners of war for inhumane treatment during internment by the enemy.
From its inception in 1949 to April 1, 1954, approximately 500,000 claims were filed with the War Claims Commission, and approximately $134 million was paid to claimants. Approximately 96,000 remaining claims are in the process of settlement, and the Commission must complete action on them, together with such appeals as may be filed, by March 31, 1955.
The International Claims Commission was established within the Department of State by the International Claims Settlement Act of 1949. Its immediate function was to adjudicate claims covered by a settlement of $17 million which was deposited with the Government of the United States by the Yugoslav Government primarily to compensate our nationals for losses sustained through nationalization of properties. The act also authorized the Commission to settle such claims as might be included later in any similar agreement between the United States and a foreign government. Subsequently, the Commission was assigned the administration of a $400,000 settlement negotiated with the Government of Panama.
From its establishment in 1950 to April 1, 1954, the International Claims Commission has settled 531 claims out of a total of 1,622 filed. Of this total, 1,555 claims were against Yugoslavia and 67 were against Panama. Under the act, settlement of the remaining Yugoslav claims must be completed by December 31, 1954.
The accompanying reorganization plan has substantial potential advantages. The Foreign Claims Settlement Commission will be able to administer any additional claims programs financed by funds derived from foreign governments without the delay which has often characterized the initiation of past programs. Moreover, the use of an existing agency will be more economical than the establishment of a new commission to administer a given type of foreign claims program. Consolidation of the affairs of the two present Commissions will also permit the retention and use of the best experience gained during the last several years in the field of claims settlement. The declining workload of current programs can be meshed with the rising workload of new programs with maximum efficiency and effectiveness.
A proposed new claims program now pending before the Senate would provide benefits similar to those paid to World War II victims under the War Claims Act for losses and internments resulting from hostilities in Korea. The executive branch of the Government has recommended approval of this program by the Congress. I now suggest that this program be assigned by law to the Foreign Claims Settlement Commission.
There should also be assigned to this new Commission the settlement of such of the claims programs as may be authorized from among those recommended by the War Claims Commission in its report made pursuant to section 8 of the War Claims Act. That report, posing many complex policy, legal, and administrative problems, is now being reviewed by executive agencies; and recommendations will soon be sent to the Congress.
By peace treaties and an international agreement, the United States has acquired the right to utilize certain external assets and settlement funds of several countries. A total of about $39 million is available to indemnify claims of United States nationals against the Governments of Rumania, Hungary, Bulgaria, and Italy, arising out of war damage or confiscations in those countries. In addition, claims growing out of United States losses from default on obligations and nationalization of properties may be settled by awards from $9 million realized from an agreement made in 1933 with the Soviet Union, known as the Litvinov assignment. Action by the Congress is necessary before these various funds may be assigned for settlement, and recommendations of the executive branch in this connection will be transmitted at an early date.
In addition to the reorganizations I have described, the reorganization plan transfers to the Foreign Claims Settlement Commission the functions of the Commissioner provided for in the joint resolution of August 4, 1939. These functions involve the receipt and administration of claims covered by the Litvinov assignment. The office of Commissioner, for which funds have never been appropriated and which has never been filled, is abolished.
The reorganization plan does not transfer the war claims fund or the Yugoslav claims fund from the Department of the Treasury, or divest the Secretary of the Treasury of any functions under the War Claims Act of 1948, as amended, or under the International Claims Settlement Act of 1949, as amended. It does not limit the responsibility of the Secretary of State with respect to the conduct of foreign affairs. The reorganizations contained in the reorganization plan will not prejudice any interest or potential interest of any claimant.
After investigation, I have found and hereby declare that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of officers specified in section 1 of the plan. The rate of compensation fixed for each of these officers is that which I have found to prevail in respect of comparable officers in the executive branch of the Government.
The statutory citation for certain functions of the Secretary of State with respect to the International Claims Commission which are abolished by the reorganization plan, is the third and fourth sentences of section 3(c) of the International Claims Settlement Act of 1949 (64 Stat. 13), as amended.
It is at this time impracticable to specify the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations contained in the plan.
Reorganization Plan No. 1 of 1954 provides a single agency for the orderly completion of present claims programs. In addition, it provides an effective organization for the settlement of future authorized claims programs by utilizing the experience gained by present claims agencies. It provides unified administrative direction of the functions concerned, and it simplifies the organizational structure of the executive branch. I urge that the Congress allow the reorganization plan to become effective.
Dwight D. Eisenhower.
1 See Modification of Reporting Requirements note below.
§1622a. Transfer of Foreign Claims Settlement Commission of the United States to Department of Justice
The Foreign Claims Settlement Commission of the United States, established under Reorganization Plan Numbered 1 of 1954, is hereby transferred to the Department of Justice as a separate agency within that Department.
(Pub. L. 96–209, title I, §101, Mar. 14, 1980, 94 Stat. 96.)
Editorial Notes
References in Text
Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under section 1622 of this title.
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 96–209, title VI, Mar. 14, 1980, 94 Stat. 99, provided that: "This Act [enacting sections 1622a to 1622g of this title, amending sections 5316 of Title 5, Government Organization and Employees, and section 4101 of Title 50, War and National Defense, and enacting provisions set out as notes under this section, section 363 of former Title 31, Money and Finance, and section 7546 of Title 42, The Public Health and Welfare] shall take effect on the date of enactment [Mar. 14, 1980]."
Authority of Director of Office of Management and Budget Relating to Transfer of Foreign Claims Settlement Commission of the United States and Termination of Affairs of Annual Assay Commission, United States Marine Corps Memorial Commission, and Low-Emission Vehicle Certification Board
Pub. L. 96–209, title V, Mar. 14, 1980, 94 Stat. 98, provided that: "The Director of the Office of Management and Budget is authorized and directed to make such determinations as may be necessary with regard to the transfer of functions, powers, and duties pursuant to this Act [enacting sections 1622a to 1622g of this title, amending sections 5316 of Title 5, Government Organization and Employees, and 4101 of Title 50, War and National Defense, and enacting provisions set out as notes under this section and sections 363 of former Title 31, Money and Finance, and 7546 of Title 42, The Public Health and Welfare], and to make such additional incidental dispositions of personnel, assets, liabilities, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to or to be made available in connection with the functions transferred by this Act, as the Director may deem necessary to accomplish the purposes of this Act. The Director is further authorized and directed to provide for terminating the affairs of each agency, board, or commission [Annual Assay Commission under section 363 of former Title 31, the Low-Emission Vehicle Certification Board under section 7546 of Title 42, and the United States Marine Corps Memorial Commission] abolished by this Act."
§1622b. Transfer of functions, powers, and duties of Foreign Claims Settlement Commission of the United States
All functions, powers, and duties of the Foreign Claims Settlement Commission established by Reorganization Plan Numbered 1 of 1954 are hereby transferred with the Commission, together with personnel, assets, liabilities, unexpended balances of appropriations, authorizations, allocations, and other funds held, used, available, or to be made available in connection with the statutory functions of the Commission. The Commission shall continue to perform its functions as provided by the War Claims Act of 1948, as amended [50 U.S.C. 4101 et seq.], the International Claims Settlement Act of 1949, as amended [22 U.S.C. 1621 et seq.], and Reorganization Plan Numbered 1 of 1954.
(Pub. L. 96–209, title I, §102, Mar. 14, 1980, 94 Stat. 96.)
Editorial Notes
References in Text
Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under section 1622 of this title.
The War Claims Act of 1948, as amended, referred to in text, is act July 3, 1948, ch. 826, 62 Stat. 1240, as amended, which is classified generally to chapter 51 (§4101 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
The International Claims Settlement Act of 1949, as amended, referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as amended, which is classified generally to this chapter (§1621 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1621 of this title and Tables.
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title.
§1622c. Membership of Foreign Claims Settlement Commission of the United States
(a) Composition of Commission; appointment and compensation of Chairman
The Commission shall be composed of a Chairman and two members. The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, to serve on a full-time basis for a term of three years, and compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5.
(b) Appointment and compensation of members other than Chairman
The other members of the Commission shall be appointed by the President, by and with the advice and consent of the Senate, and serve on a part-time basis, and be compensated on a per diem basis at a rate of compensation equivalent to the daily rate for level V of the Executive Schedule under section 5316 of title 5 for each day that such member is employed in the actual performance of official business of the Commission as may be directed by the Chairman. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in Government service employed intermittently.
(c) Terms of office
The terms of Office of the Chairman and members of the Commission shall be for three years, except the Chairman and members first appointed after the enactment of this subsection shall be appointed to terms ending respectively September 30, 1982, September 30, 1981, and September 30, 1980. The incumbent of any such office may continue to serve until a successor takes office.
(d) Continuation in office of existing members
Notwithstanding the provisions of subsections (a), (b), and (c) of this section, members of the Foreign Claims Settlement Commission who are serving on March 14, 1980, shall continue to serve in their same capacities until the expiration of the terms to which they were appointed.
(Pub. L. 96–209, title I, §103, Mar. 14, 1980, 94 Stat. 96.)
Editorial Notes
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title.
§1622d. Appointment and compensation of officers and employees of Foreign Claims Settlement Commission of the United States; allowances and benefits; utilization of other Federal facilities
The Commission is authorized, in accordance with civil service laws and in accordance with title 5 to appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Commission. The Commission is authorized to employ experts and consultants in accordance with section 3109 of title 5 without compensation or at rates of compensation not in excess of the maximum daily rate prescribed for GS–18 under section 5332 of title 5. Notwithstanding any other provision of law, the Commission is further authorized to employ nationals of other countries who may possess special knowledge, languages, or other expertise necessary to assist the Commission. The Commission is authorized to pay expenses of packing, shipping, and storing personal effects of personnel of the Commission assigned abroad, and to pay allowances and benefits similar to those provided by title IX of the Foreign Service Act of 1946, as amended. The Commission is authorized, with the consent of the head of any other department or agency of the Federal Government, to utilize the facilities and services of such department or agency in carrying out the functions of the Commission. Officers and employees of any department and agency of the Federal Government may, with the consent of the head of such department or agency, be assigned to assist the Commission in carrying out its functions. The Commission shall reimburse such department and agency for the pay of such officers or employees.
(Pub. L. 96–209, title I, §104, Mar. 14, 1980, 94 Stat. 97.)
Editorial Notes
References in Text
Title IX of the Foreign Service Act of 1946, as amended, referred to in text, is title IX of act Aug. 13, 1946, ch. 957, 60 Stat. 1025, as amended, which was classified generally to subchapter IX (§§1131–1160) of chapter 14 of this title, and was repealed by section 2205(1) of the Foreign Service Act of 1980, Pub. L. 96–465, title II, Oct. 17, 1980, 94 Stat. 2159. The Foreign Service Act of 1980 is classified principally to chapter 52 (§3901 et seq.) of this title. Section 2401(c) of the 1980 Act (22 U.S.C. 4172(c)) provides in part that references in law to provisions of the Foreign Service Act of 1946 shall be deemed to include reference to the corresponding provisions of the 1980 Act. For provisions corresponding to title IX of the Foreign Service Act of 1946, see Table preceding section 801 of this title.
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title.
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Salaries and Expenses of Foreign Claims Settlement Commission
Pub. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 996, provided: "That for fiscal year 1990 and hereafter, funds appropriated under this heading ["
§1622e. Vesting of all non-adjudicatory functions, powers, and duties in Chairman of Foreign Claims Settlement Commission of the United States
All functions, powers, and duties not directly related to adjudicating claims are hereby vested in the Chairman, including the functions set forth in section 3 of Reorganization Plan Numbered 1 of 1954 and the authority to issue rules and regulations.
(Pub. L. 96–209, title I, §105, Mar. 14, 1980, 94 Stat. 97.)
Editorial Notes
References in Text
Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under section 1622 of this title.
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title.
§1622f. Administrative support and services to Foreign Claims Settlement Commission of the United States by Attorney General
The Attorney General shall provide necessary administrative support and services to the Commission. The Chairman shall prepare the budget requests, authorization documents, and legislative proposals for the Commission within the procedures established by the Department of Justice, and the Attorney General shall submit these items to the Director of the Office of Management and Budget as proposed by the Chairman.
(Pub. L. 96–209, title I, §106, Mar. 14, 1980, 94 Stat. 97.)
Editorial Notes
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title.
§1622g. Independence of Foreign Claims Settlement Commission of the United States; finality of Commission decisions
Nothing in this Act shall be construed to diminish the independence of the Commission in making its determinations on claims in programs that it is authorized to administer pursuant to the powers and responsibilities conferred upon the Commission by the War Claims Act of 1948, as amended [50 U.S.C. 4101 et seq.], the International Claims Settlement Act of 1949, as amended [22 U.S.C. 1621 et seq.], and Reorganization Plan Numbered 1 of 1954. The decisions of the Commission with respect to claims shall be final and conclusive on all questions of law and fact, and shall not be subject to review by the Attorney General or any other official of the United States or by any court by mandamus or otherwise.
(Pub. L. 96–209, title I, §107, Mar. 14, 1980, 94 Stat. 97.)
Editorial Notes
References in Text
This Act, referred to in text, is Pub. L. 96–209, Mar. 14, 1980, 94 Stat. 96, which enacted sections 1622a to 1622g of this title, amended section 5316 of Title 5, Government Organization and Employees, and section 4101 of Title 50, War and National Defense, and enacted provisions set out as notes under section 1622a of this title, section 363 of former Title 31, Money and Finance, and section 7546 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.
The War Claims Act of 1948, as amended, referred to in text, is act July 3, 1948, ch. 826, 62 Stat. 1240, as amended, which is classified generally to chapter 51 (§4101 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
The International Claims Settlement Act of 1949, as amended, referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as amended, which is classified generally to this chapter (§1621 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1621 of this title and Tables.
Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under section 1622 of this title.
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title.
§1623. Claims
(a) Jurisdiction of Commission; bases for determination; fair market value
(1) The Commission shall have jurisdiction to receive, examine, adjudicate, and render a final decision with respect to any claim of the Government of the United States or of any national of the United States—
(A) included within the terms of the Yugoslav Claims Agreement of 1948;
(B) included within the terms of any claims agreement concluded on or after March 10, 1954, between the Government of the United States and a foreign government (exclusive of governments against which the United States declared the existence of a state of war during World War II) similarly providing for the settlement and discharge of claims of the Government of the United States and of nationals of the United States against a foreign government, arising out of the nationalization or other taking of property, by the agreement of the Government of the United States to accept from that government a sum in en bloc settlement thereof; or
(C) included in a category of claims against a foreign government which is referred to the Commission by the Secretary of State.
(2) In the decision of claims under this subchapter, the Commission shall apply the following in the following order:
(A) The provisions of the applicable claims agreement as provided in this subsection.
(B) The applicable principles of international law, justice, and equity. In determining the value of a claim under international law, the Commission shall award the fair market value of the property as of the time of the taking by the foreign government involved (without regard to any action or event that occurs after the taking), except that the value of the claim shall not reflect any diminution in value attributable to actions which are carried out, or threats of action which are made, by the foreign government with respect to the property before the taking. Fair market value shall be ascertained in accordance with the method most appropriate to the property taken and equitable to the claimant, including—
(i) market value of outstanding equity securities;
(ii) replacement value;
(iii) going-concern value (which includes consideration of an enterprise's profitability); and
(iv) book value.
In the case of any claim for losses in a service industry, the appropriate basis of valuation shall be presumed to be that referred to in clause (iii). For purposes of the preceding sentence, the term "service" means economic activity the output of which is other than tangible goods.
(b) Notice of filing time; publication; basis of decisions; finality of decision
The Commission shall give public notice of the time when, and the limit of time within which, claims may be filed, which notice shall be published in the Federal Register. In addition, the Commission is authorized and directed to mail a similar notice to the last known address of each person appearing in the records of the Department of State as having indicated an intention of filing a claim with respect to a matter concerning which the Commission has jurisdiction under this subchapter. All decisions shall be upon such evidence and written legal contentions as may be presented within such period as may be prescribed therefor by the Commission, and upon the results of any independent investigation of cases which the Commission may deem it advisable to make. Each decision by the Commission pursuant to this subchapter shall be by majority vote, and shall state the reason for such decision, and shall constitute a full and final disposition of the case in which the decision is rendered.
(c) Administration of oaths; examination of witnesses; subpenas; reporting of hearings; witness fees; contempt
Any member of the Commission, or any employee of the Commission, designated in writing by the Chairman of the Commission, may administer oaths and examine witnesses. Any member of the Commission may require by subpena the attendance and testimony of witnesses, and the production of all necessary books, papers, documents, records, correspondence, and other evidence, from any place in the United States at any designated place of inquiry or of hearing. The Commission is authorized to contract for the reporting of inquiries or of hearings. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of disobedience to a subpena, the aid of any district court of the United States, as constituted by chapter 5 of title 28, and the United States court of any Territory or other place subject to the jurisdiction of the United States may be invoked in requiring the attendance and testimony of witnesses and the production of such books, papers, documents, records, correspondence, and other evidence. Any such court within the jurisdiction of which the inquiry or hearing is carried on may, in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
(d) Depositions
The Commission may order testimony to be taken by deposition in any inquiry or hearing pending before it at any stage of such proceeding or hearing. Such depositions may be taken, under such regulations as the Commission may prescribe, before any person designated by the Commission and having power to administer oaths. Any person may be compelled to appear and depose, and to produce books, papers, documents, records, correspondence, and other evidence in the same way as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission, as hereinabove provided. If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken, provided the laws of the foreign country so permit, by a consular officer, or by an officer or employee of the Commission, or other person commissioned by the Commission, or under letters rogatory issued by the Commission. Witnesses whose depositions are taken as authorized in this subsection, and the persons taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States.
(e) Penalties
In addition to the penalties provided in section 1001 of title 18, any person guilty of any act, as provided therein, with respect to any matter under this subchapter, shall forfeit all rights under this subchapter, and, if payment shall have been made or granted, the Commission shall take such action as may be necessary to recover the same.
(f) Attorney's fees; limitation
No remuneration on account of services rendered on behalf of any claimant in connection with any claim filed with the Commission under this subchapter shall exceed 10 per centum of the total amount paid pursuant to any award certified under the provisions of this subchapter on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both.
(g) Representation by United States; payments
The Attorney General shall assign such officers and employees of the Department of Justice as may be necessary to represent the United States as to any claims of the Government of the United States with respect to which the Commission has jurisdiction under this subchapter. Any and all payments required to be made by the Secretary of the Treasury under this subchapter pursuant to any award made by the Commission to the Government of the United States shall be covered into the Treasury to the credit of miscellaneous receipts.
(h) Notification of disposition of claims; right to hearing; finality of Commission's decision
The Commission shall notify all claimants of the approval or denial of their claims, stating the reasons and grounds therefor, and, if approved, shall notify such claimants of the amount for which such claims are approved. Any claimant whose claim is denied, or is approved for less than the full amount of such claim, shall be entitled, under such regulations as the Commission may prescribe, to a hearing before the Commission, or its duly authorized representatives, with respect to such claim. Upon such hearing, the Commission may affirm, modify, or revise its former action with respect to such claim, including a denial or reduction in the amount theretofore allowed with respect to such claim. The action of the Commission in allowing or denying any claim under this subchapter shall be final and conclusive on all questions of law and fact and not subject to review by the Secretary of State or any other official, department, agency, or establishment of the United States or by any court by mandamus or otherwise.
(i) Separation of awards
The Commission may in its discretion enter an award with respect to one or more items deemed to have been clearly established in an individual claim while deferring consideration and action on other items of the same claim.
(j) Compliance with administrative procedure law
The Commission shall comply with the provisions of subchapter II of chapter 5, and chapter 7, of title 5 except as otherwise specifically provided by this subchapter.
(k) Compliance with principles of international law, justice and equity; fair market value
In exercising authority granted after October 8, 1986, under this chapter or any other Act, the Commission, in determining the value of claims of the Government of the United States or of nationals of the United States (as defined in this chapter or such other Act) against any foreign government for losses arising from the nationalization or other taking of property, shall comply with the principles set forth in subsection (a)(2) of this section.
(Mar. 10, 1950, ch. 54, title I, §4, 64 Stat. 13; Aug. 9, 1955, ch. 645, §§1, 2, 69 Stat. 562; Pub. L. 90–421, §1(1), July 24, 1968, 82 Stat. 420; Pub. L. 99–451, §1, Oct. 8, 1986, 100 Stat. 1138; Pub. L. 105–277, div. G, subdiv. B, title XXII, §2211, Oct. 21, 1998, 112 Stat. 2681–812.)
Editorial Notes
Codification
In subsec. (j), "subchapter II of chapter 5, and chapter 7, of title 5" substituted for "the Administrative Procedure Act of 1946" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments
1998—Subsec. (a). Pub. L. 105–277 added par. (1), redesignated second sentence as par. (2) and former pars. (1) and (2) as subpars. (A) and (B), respectively, and struck out former first sentence which read as follows: "The Commission shall have jurisdiction to receive, examine, adjudicate, and render final decisions with respect to claims of the Government of the United States and of nationals of the United States included within the terms of the Yugoslav Claims Agreement of 1948, or included within the terms of any claims agreement on and after March 10, 1954 concluded between the Government of the United States and a foreign government (exclusive of governments against which the United States declared the existence of a state of war during World War II) similarly providing for the settlement and discharge of claims of the Government of the United States and of nationals of the United States against a foreign government, arising out of the nationalization or other taking of property, by the agreement of the Government of the United States to accept from that government a sum in en bloc settlement thereof."
1986—Subsec. (a). Pub. L. 99–451, §1(a), amended second sentence generally. Prior to amendment, second sentence read as follows: "In the decision of claims under this subchapter, the Commission shall apply the following in the following order: (1) The provisions of the applicable claims agreement as provided in this subsection; and (2) the applicable principles of international law, justice, and equity."
Subsec. (k). Pub. L. 99–451, §1(b), added subsec. (k).
1968—Subsec. (f). Pub. L. 90–421 struck out provisions which authorized the Commission to determine the amount of attorney's fees, such fees not to exceed 10% of the award and any written agreement between attorney and claimant as to fees to be conclusive upon the Commission, if the agreed upon fees do not exceed 10% of the award, provisions which authorized the Secretary of the Treasury to deduct the fees from the amount of the award and to pay it directly to the attorney, any agreement to the contrary to be unlawful and void, provisions which authorized the Commission to give notice by mail to each claimant of the provisions of this subsection, and provisions which authorized the Commission to recover any fees paid in contravention of this subsection, the recipient to forfeit all rights under this subchapter.
1955—Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".
Subsecs. (a), (b), (e) to (h) and (j). Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter".
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L. 104–91, set out as an Authority of Foreign Claims Settlement Commission note under section 1644 of this title.
Effective Date of 1986 Amendment
Pub. L. 99–451, §2, Oct. 8, 1986, 100 Stat. 1139, provided that: "The amendments made by this Act [amending this section] shall apply to any claim pending on the date of the enactment of this Act [Oct. 8, 1986] and to any other claim determined after such date."
Protests Relating to Awards by Commission; Notice by Publication in Federal Register
Act Mar. 10, 1950, ch. 54, title VI, §615, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512, provided that: "Notwithstanding the provision of sections 210 and 211 of the War Claims Act of 1948 (Act of July 3, 1948), as amended by Public Law 87–846 [50 U.S.C. 4140, 4141], the Foreign Claims Settlement Commission established by Reorganization Plan No. 1 of 1954 (68 Stat. 1279) [set out under section 1622 of this title] is authorized and directed to receive and consider protests relating to awards made by the Commission during the ten calendar days immediately preceding the expiration of the Commission's mandate to make such awards on May 17, 1967. Any such protests must be filed within ninety days after notice of the enactment of this provision is filed with and published in the Federal Register, which shall take place within thirty days of enactment [Oct. 18, 1976]. Such protests may include the submission of new evidence not previously before the Commission, and shall be acted upon within thirty days after receipt by the Commission. The Commission may modify awards made during the subject period in accordance with the procedures established by the War Claims Act of 1948 [50 U.S.C. 4101 et seq.], and any increases in awards determined to be appropriated by the Commission shall be certified to and paid by the Secretary of the Treasury out of funds which are now or may hereafter become available in the War Claims Fund in accordance with section 213 of the Act [50 U.S.C. 4143]."
Executive Documents
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a note under section 1622 of this title.
For provisions transferring the Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see section 1622a et seq. of this title.
§1624. Certification of awards; certification of claims
The Commission shall, as soon as possible, and in the order of the making of such awards, certify to the Secretary of the Treasury and to the Secretary of State copies of the awards made in favor of the Government of the United States or of nationals of the United States under this subchapter. The Commission shall certify to the Secretary of State, upon his request, copies of the formal submissions of claims filed pursuant to subsection (b) of section 1623 of this title for transmission to the foreign government concerned.
(Mar. 10, 1950, ch. 54, title I, §5, 64 Stat. 16; Aug. 9, 1955, ch. 645, §§1, 2, 69 Stat. 562.)
Editorial Notes
Amendments
1955—Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".
Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter".
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L. 104–91, set out as an Authority of Foreign Claims Settlement Commission note under section 1644 of this title.
Executive Documents
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a note under section 1622 of this title.
For provisions transferring Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see section 1622a et seq. of this title.
§1625. Omitted
Editorial Notes
Codification
Section, acts Mar. 10, 1950, ch. 54, title 1, §6, 64 Stat. 16; Aug. 8, 1953, ch. 396, §1, 67 Stat. 506, provided that Commission complete its affairs in connection with settlement of all United States-Yugoslavian Claims arising under Yugoslav Claims Agreement of 1948, by December 31, 1954.
§1626. Payments
(a) Principal and interest; regulations
Subject to the limitations hereinafter provided, the Secretary of the Treasury is authorized and directed to pay, as prescribed by section 1627 of this title, an amount not exceeding the principal of each award, plus accrued interest on such awards as bear interest, certified pursuant to section 1624 of this title, in accordance with the award. Such payments, and applications for such payments, shall be made in accordance with such regulations as the Secretary of the Treasury may prescribe.
(b) Deductions; coverage into Treasury; reimbursement for expenses
(1) There shall be deducted from the amount of each payment made pursuant to subsection (c) of section 1627 of this title, as reimbursement for the expenses incurred by the United States, an amount equal to 5 per centum of such payment. All amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts.
(2) The Secretary of the Treasury shall deduct from any amounts covered, subsequent to July 24, 1968, into any special fund, created pursuant to section 1627 of this title, 5 per centum thereof as reimbursement to the Government of the United States for expenses incurred by the Commission and by the Treasury Department in the administration of this subchapter. The amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts.
(c) To whom made; exceptions
Payments made pursuant to this subchapter shall be made only to the person or persons on behalf of whom the award is made, except that—
(1) if any person to whom any payment is to be made pursuant to this subchapter is deceased or is under a legal disability, payment shall be made to his legal representative, except that if any payment to be made is not over $1,000 and there is no qualified executor or administrator, payment may be made to the person or persons found by the Secretary of the Treasury to be entitled thereto, without the necessity of compliance with the requirements of law with respect to the administration of estates;
(2) in the case of a partnership or corporation, the existence of which has been terminated and on behalf of which an award is made, payment shall be made, except as provided in paragraphs (3) and (4) of this subsection, to the person or persons found by the Secretary of the Treasury to be entitled thereto;
(3) if a receiver or trustee for any such partnership or corporation has been duly appointed by a court of competent jurisdiction in the United States and has not been discharged prior to the date of payment, payment shall be made to such receiver or trustee in accordance with the order of the court;
(4) if a receiver or trustee for any such partnership or corporation, duly appointed by a court of competent jurisdiction in the United States, makes an assignment of the claim, or any part thereof, with respect to which an award is made, or makes an assignment of such award, or any part thereof, payment shall be made to the assignee, as his interest may appear; and
(5) in the case of any assignment of an award, or any part thereof, which is made in writing and duly acknowledged and filed, after such award is certified to the Secretary of the Treasury, payment may, in the discretion of the Secretary of the Treasury, be made to the assignee, as his interest may appear.
(d) Erroneous payments as bar to further recovery
Whenever the Secretary of the Treasury shall find that any person is entitled to any such payment, after such payment shall have been received by such person, it shall be an absolute bar to recovery by any other person against the United States, its officers, agents, or employees with respect to such payment.
(e) Acquiescence in conditions of subchapter
Any person who makes application for any such payment shall be held to have consented to all the provisions of this subchapter.
(f) Non-assumption of liability by United States on claims against foreign governments
Nothing in this subchapter shall be construed as the assumption of any liability by the United States for the payment or satisfaction, in whole or in part, of any claim on behalf of any national of the United States against any foreign government.
(Mar. 10, 1950, ch. 54, title I, §7, 64 Stat. 16; Aug. 8, 1953, ch. 396, §2, 67 Stat. 506; Aug. 9, 1955, ch. 645, §§1, 2, 69 Stat. 562; Pub. L. 90–421, §1(2), (3), July 24, 1968, 82 Stat. 420; Pub. L. 104–316, title II, §202(h), Oct. 19, 1996, 110 Stat. 3842.)
Editorial Notes
Amendments
1996—Subsec. (c)(1), (2). Pub. L. 104–316, §202(h)(1), substituted "Secretary of the Treasury" for "Comptroller General" in par. (1) and "Secretary of the Treasury" for "Comptroller General of the United States" in par. (2).
Subsec. (d). Pub. L. 104–316, §202(h)(2), struck out ", or the Comptroller General of the United States, as the case may be," after "Secretary of the Treasury".
1968—Subsec. (b). Pub. L. 90–421, §1(2), designated existing provisions as par. (1) and added par. (2).
Subsec. (c)(1). Pub. L. 90–421, §1(3), substituted "any person to whom any payment is to be made pursuant to this subchapter" for "such person" and ", except that if any payment to be made is not over $1000" for ": Provided, That if the total award is not over $500", and struck out "of the United States" after "Comptroller General".
1955—Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".
Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter".
1953—Subsec. (b). Act Aug. 8, 1953, increased the amount deductible to cover expenses from 3 to 5 percent.
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L. 104–91, set out as an Authority of Foreign Claims Settlement Commission note under section 1644 of this title.
Executive Documents
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1, of 1954, §§1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a note under section 1622 of this title.
For provisions transferring Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see section 1622a et seq. of this title.
§1627. Creation of special funds in Treasury
(a) Credits to, and payment from funds
There are created in the Treasury of the United States (1) a special fund to be known as the Yugoslav Claims Fund; and (2) such other special funds as may, in the discretion of the Secretary of the Treasury, be required, each to be a claims fund to be known by the name of the foreign government which has entered into a settlement agreement with the Government of the United States as described in subsection (a) of section 1623 of this title. There shall be covered into the Treasury to the credit of the proper special fund all funds hereinafter specified. All payments authorized under section 1626 of this title shall be disbursed from the proper fund, as the case may be, and all amounts covered into the Treasury to the credit of the aforesaid funds are permanently appropriated for the making of the payments authorized by section 1626 of this title.
(b) Credits to Yugoslav Claims Fund; credits to other funds
The Secretary of the Treasury is authorized and directed to cover into—
(1) the Yugoslav Claims Fund the sum of $17,000,000 being the amount paid by the Government of the Federal People's Republic of Yugoslavia pursuant to the Yugoslav Claims Agreement of 1948;
(2) a special fund created for that purpose pursuant to subsection (a) of this section any amounts hereafter paid, in United States dollars, by a foreign government which has entered into a claims settlement agreement with the Government of the United States as described in subsection (a) of section 1623 of this title.
(c) Payment of awards
The Secretary of the Treasury is authorized and directed out of the sums covered, prior to July 24, 1968, into any of the funds pursuant to subsection (b) of this section, and after making the deduction provided for in section 1626(b)(1) of this title—
(1) to make payments in full of the principal of awards of $1,000 or less, certified pursuant to section 1624 of this title;
(2) to make payments of $1,000 on the principal of each award of more than $1,000 in principal amount, certified pursuant to section 1624 of this title;
(3) to make additional payment of not to exceed 25 per centum of the unpaid principal of awards in the principal amount of more than $1,000;
(4) after completing the payments prescribed by paragraphs (2) and (3) of this subsection, to make payments, from time to time in ratable proportions, on account of the unpaid principal of all awards in the principal amount of more than $1,000, according to the proportions which the unpaid principal of such awards bear to the total amount in the fund available for distribution at the time such payments are made; and
(5) after payment has been made of the principal amounts of all such awards, to make pro rata payments on account of accrued interest on such awards as bear interest.
(d) Payment of balance to Yugoslav Government; certification of adjudication costs; finality of certification
The Secretary of the Treasury, upon the concurrence of the Secretary of State, is authorized and directed, out of the sum covered into the Yugoslav Claims Fund pursuant to subsection (b) of this section, after completing the payments of such funds pursuant to subsection (c) of this section, to make payment of the balance of any sum remaining in such fund to the Government of the Federal People's Republic of Yugoslavia to the extent required under article 1(c) of the Yugoslav Claims Agreement of 1948. The Secretary of State shall certify to the Secretary of the Treasury the total cost of adjudication, not borne by the claimants, attributable to the Yugoslav Claims Agreement of 1948. Such certification shall be final and conclusive and shall not be subject to review by any other official, or department, agency, or establishment of the United States.
(e) Payments; priorities
Except as provided in subsection (f), the Secretary of the Treasury is authorized and directed out of sums covered, subsequent to July 24, 1968, into any special fund created pursuant to this section to make payment on account of awards certified by the Commission pursuant to this subchapter with respect to claims included within the terms of a claims settlement agreement concluded between the Government of the United States and a foreign government as described in section 1623(a) of this title, as follows and in the following order of priority:
(1) Payment in the amount of $1,000 or the principal amount of the award, whichever is less;
(2) Thereafter, payments from time to time on account of the unpaid principal balance of each remaining award which shall bear to such unpaid principal balance the same proportion as the total amount available for distribution at the time such payments are made bears to the aggregate unpaid principal balance of all such awards; and
(3) Thereafter, payments from time to time on account of the unpaid balance of each award of interest which shall bear to such unpaid balance of interest, the same proportion as the total amount available for distribution at the time such payments are made bears to the aggregate unpaid balance of interest of all such awards.
(f) People's Republic of China; claim payment priorities
(1) Out of sums covered after May 11, 1979, into the special fund created pursuant to this section to receive funds paid by the People's Republic of China, the Secretary of the Treasury is authorized and directed to make payments on account of awards certified by the Commission pursuant to subchapter V with respect to claims included within the terms of the Agreement Between the Government of the United States of America and the Government of the People's Republic of China Concerning the Settlement of Claims, signed on May 11, 1979, in the following order of priority:
(A) Payment in the amount of $1,000 or the principal amount of the award, whichever is less.
(B) Thereafter, except as provided in paragraph (2), to the extent there remain unpaid principal balances on awards, payments from time to time on account of the unpaid principal balance of each remaining award which bear to such unpaid principal balance the same proportion as the total amount available for distribution at the time such payments are made bears to the aggregate unpaid principal balance of all such awards.
(C) Thereafter, payments from time to time on account of the unpaid balance of each award of interest which bear to such unpaid balance of interest the same proportion as the total amount available for distribution at the time such payments are made bears to the aggregate unpaid balance of interest of all such awards.
(2)(A) For the purpose of computing the payments to be made under paragraph (1) to any claimant which was an incorporated business enterprise on the date of nationalization or other taking of property, the award certified by the Commission under subchapter V shall be reduced by the amount of Federal tax benefits derived by such claimant on account of the losses upon which such claim was based, but in no case shall such payments be reduced below the amount paid to such claimant on account of such claim before October 13, 1980. For purposes of this subparagraph, such Federal tax benefits shall be the amount by which the claimant's taxes in any prior taxable year or years under chapters 1, 2A, 2B, 2D, and 2E of the Internal Revenue Code of 1939, or subtitle A of the Internal Revenue Code of 1986, were decreased with respect to the loss or losses upon which the claim was based. The sum of the amounts which would otherwise be payable but for this paragraph which are not paid to any such claimant shall be aggregated, and the Secretary of the Treasury is authorized and directed to make payments out of such aggregated sums in accordance with subparagraph (B).
(B) To the extent that there remain unpaid principal balances on awards to claimants which were, on the date of nationalization or other taking of property, nonprofit organizations operated exclusively for the promotion of social welfare, religious, charitable, or educational purposes (after payments made to such nonprofit organizations pursuant to subparagraphs (A) and (B) of paragraph (1) are taken into account), the Secretary of the Treasury is authorized and directed to make payments from time to time on account of the unpaid principal balance of each remaining award to such nonprofit organizations which bear to such unpaid principal balance the same proportion as the total sums aggregated pursuant to subparagraph (A) at the times such payments are made bear to the aggregate unpaid principal balance of all such awards to nonprofit organizations.
(g) Authority to invest and recover expenses from funds
The Secretary of the Treasury is authorized and directed to invest the amounts held respectively in the "special funds" established by this section in public debt securities with maturities suitable for the needs of the separate accounts and bearing interest at rates determined by the Secretary, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities. The interest earned on the amounts in each special fund shall be used to make payments, in accordance with subsection (c), on awards payable from that special fund.
(Mar. 10, 1950, ch. 54, title I, §8, 64 Stat. 17; Aug. 9, 1955, ch. 645, §1, 69 Stat. 562; Pub. L. 90–421, §1(4), (5), July 24, 1968, 82 Stat. 420; Pub. L. 96–445, Oct. 13, 1980, 94 Stat. 1891; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–204, title I, §142(a), Dec. 22, 1987, 101 Stat. 1350.)
Editorial Notes
References in Text
The Internal Revenue Code of 1939, referred to in subsec. (f)(2)(A), was generally repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section 1 of Title 26, Internal Revenue Code. See also section 7852(b) of Title 26, Internal Revenue Code, for provision that references in any other law to a provision of the 1939 Code, unless expressly incompatible with the intent thereof, shall be deemed a reference to the corresponding provision of the 1986 Code.
Chapter 1 of the Internal Revenue Code of 1939, referred to in subsec. (f)(2)(A), was comprised of sections 1 to 482 of former Title 26, Internal Revenue Code. Section 14 of former Title 26 was repealed by act Oct. 20, 1951, ch. 521, title I, pt. II, §121(g), 65 Stat. 469. Sections 34 and 185 of former Title 26 were repealed by act Feb. 25, 1944, ch. 63, title I, §§106(c)(2), 107(a), 58 Stat. 31. Sections 264 and 363 of former Title 26 were repealed by act Oct. 21, 1942, ch. 619, title I, §§159(e), 170(a), 56 Stat. 860, 878. Sections 430 to 474 of former Title 26 were omitted, and subsequently, along with the remaining sections of former Title 26 comprising chapter 1, except sections 143 and 144, were repealed by sections 7851(a)(1)(A) of Title 26, Internal Revenue Code. Sections 143 and 144 of former Title 26 were repealed by section 7851(a)(1)(B) of Title 26.
Chapter 2A of the Internal Revenue Code of 1939, referred to in subsec. (f)(2)(A), was comprised of sections 500 to 511 of former Title 26, Internal Revenue Code. Sections 500 to 511 were repealed by section 7851(a)(1)(A) of Title 26, Internal Revenue Code.
Chapter 2B of the Internal Revenue Code of 1939, referred to in subsec. (f)(2)(A), was comprised of sections 600 to 605 of former Title 26, Internal Revenue Code. Sections 600 to 605 were repealed by act Nov. 8, 1945, ch. 453, title II, §202, 59 Stat. 574, eff. with respect to taxable years ending June 30, 1946.
Chapter 2D of the Internal Revenue Code of 1939, referred to in subsec. (f)(2)(A), was comprised of sections 700 to 706 of former Title 26, Internal Revenue Code. Sections 700 to 716 were repealed by section 7851(a)(1)(A) of Title 26, Internal Revenue Code.
Chapter 2E of the Internal Revenue Code of 1939, referred to in subsec. (f)(2)(A), was comprised of sections 710 to 784 of former Title 26, Internal Revenue Code. Sections 710 to 736, 740, 742 to 744, 750, 751, 760, 761 and 780 to 784 were repealed by act Nov. 8, 1945, ch. 453, title I, §122(a), 59 Stat. 568. Section 741 was repealed by act Oct. 21, 1942, ch. 619, title II, §§224(b), 228(b), 56 Stat. 920, 925. Section 752 was repealed by act Oct. 21, 1942, ch. 619, title II, §229(a)(1), 56 Stat. 931, eff. as of Oct. 8, 1940.
Subtitle A of the Internal Revenue Code of 1986, referred to in subsec. (f)(2)(A), is subtitle A of act Aug. 16, 1954, ch. 736, 68A Stat. 4, which comprises Subtitle A (§1 et seq.) of Title 26, Internal Revenue Code.
Amendments
1987—Subsec. (g). Pub. L. 100–204 added subsec. (g).
1986—Subsec. (f)(2)(A). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954".
1980—Subsec. (e). Pub. L. 96–445, §1(1), substituted "Except as provided in subsection (f), the Secretary of the Treasury" for "The Secretary of the Treasury".
Subsec. (f). Pub. L. 96–445, §1(2), added subsec. (f).
1968—Subsec. (c). Pub. L. 90–421, §1(4), inserted ", prior to July 24, 1968," after "the sums covered" and substituted "section 1626(b)(1) of this title" for "section 1626(b) of this title".
Subsec. (e). Pub. L. 90–421, §1(5), added subsec. (e).
1955—Act Aug. 9, 1955, amended credit to section by designating act Mar. 10, 1950, as "title I".
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L. 104–91, set out as an Authority of Foreign Claims Settlement Commission note under section 1644 of this title.
Executive Documents
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a note under section 1622 of this title.
For provisions transferring Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see section 1622a et seq. of this title.
SUBCHAPTER II—VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND RUMANIAN PROPERTY
§1631. Definitions
As used in this subchapter the term—
(1) "Person" means a natural person, partnership, association, other unincorporated body, corporation, or body politic.
(2) "Property" means any property, right, or interest.
(3) "Treaty of peace", with respect to a country, means the treaty of peace with that country signed at Paris, France, February 10, 1947, which came into force between that country and the United States on September 15, 1947.
(Mar. 10, 1950, ch. 54, title II, §201, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 562.)
§1631a. Property owned by Bulgaria, Hungary, and Rumania or any national thereof
(a) Vesting of property; liquidation; disposition of net proceeds
In accordance with article 25 of the treaty of peace with Bulgaria, article 29 of the treaty of peace with Hungary, and article 27 of the treaty of peace with Rumania, any property which was blocked in accordance with Executive Order 8389 of April 10, 1940, as amended, and remains blocked on August 9, 1955, and which, as of September 15, 1947, was owned directly or indirectly by Bulgaria, Hungary, and Rumania or by any national thereof as defined in such Executive order, shall vest in such officer or agency as the President may from time to time designate and shall vest when, as, and upon such terms as the President or his designee shall direct. Such property shall be sold or otherwise liquidated as expeditiously as possible after vesting under such rules and regulations as the President or his designee may prescribe. The net proceeds remaining upon completion of the administration and liquidation thereof, including the adjudication of any suits or claims with respect thereto under sections 1631f and 1631g of this title, shall be covered into the Treasury. Notwithstanding the preceding provisions of this subsection, any such property determined by the President or his designee to be owned directly by a natural person shall not be vested under this subsection but shall remain blocked subject to release when, as, and upon such terms as the President or his designee may prescribe. If, at any time within one year from the date of the vesting of any property under this subsection, the President or his designee shall determine that it was directly owned at the date of vesting by a natural person, then the President or his designee shall divest such property and restore it to its blocked status prior to vesting, subject to release when, as, and upon such terms as the President or his designee may prescribe, or if such property has been liquidated, shall divest the net proceeds thereof and carry them in blocked accounts with the Treasury, bearing no interest, in the name of the owner thereof at the date of vesting, subject to release when, as, and upon such terms as the President or his designee may prescribe.
(b) Net proceeds of property vested in Alien Property Custodian or Attorney General
The net proceeds of any property which was vested in the Alien Property Custodian or the Attorney General after December 17, 1941, pursuant to the Trading With the Enemy Act, as amended [50 U.S.C. 4301 et seq.], and which at the date of vesting was owned directly or indirectly by Bulgaria, Hungary, or Rumania, or any national thereof, shall after completion of the administration, liquidation, and disposition of such property pursuant to such Act, including the adjudication of any suits or claims with respect thereto under such Act, be covered into the Treasury, except that the net proceeds of any such property which the President or his designee shall determine was directly owned by a natural person at the date of vesting shall be divested by the President or such officer or agency as he may designate and carried in blocked accounts with the Treasury, bearing no interest, in the name of the owner thereof at the date of vesting, subject to release when, as, and upon such terms as the President or his designee may prescribe.
(c) Determination of ownership by natural person of vested property
The determination under this section that any vested property was not directly owned by a natural person at the date of vesting shall be within the sole discretion of the President or his designee and shall not be subject to review by any court.
(d) Furnishing of information; production of books and records
The President or his designee may require any person to furnish, in the form of reports or otherwise, complete information, including information with regard to past transactions, relative to any property blocked under Executive Order 8389 of April 10, 1940, as amended, or as may be otherwise necessary to enforce the provisions of this section; and the President or his designee may require of any person the production of any books of account, records, contracts, letters, memoranda, or other papers relative to such property or as may be otherwise necessary to enforce the provisions of this section.
(Mar. 10, 1950, ch. 54, title II, §202, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 562.)
Editorial Notes
References in Text
Executive Order 8389 of April 10, 1940, referred to in subsecs. (a) and (d), is Ex. Ord. 8389, Apr. 10, 1940, 5 F.R. 1400, which is set out under section 4305 of Title 50, War and National Defense.
The Trading With the Enemy Act, as amended, and such Act, referred to in subsec. (b), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
Executive Documents
Executive Order No. 10644
Ex. Ord. No. 10644, Nov. 8, 1955, 20 F.R. 8363, as amended by Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, which designated the Attorney General to perform functions of the President under this subchapter and the Secretary of the Treasury to perform functions under this section with respect to the release of blocked property and accounts, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
§1631b. Cancellation and issuance of shares of stock or other beneficial interest in corporation
Whenever shares of stock or other beneficial interest in any corporation, association, or company or trust are vested in any officer or agency designated by the President under this subchapter, it shall be the duty of the corporation, association, or company or trustee or trustees issuing such shares or any certificates or other instruments representing the same or any other beneficial interest to cancel such shares of stock or other beneficial interest upon its, his, or their books and in lieu thereof to issue certificates or other instruments for such shares or other beneficial interest to the designee of the President, or otherwise as such designee shall require.
(Mar. 10, 1950, ch. 54, title II, §203, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 563.)
§1631c. Filing of order of conveyance
Any vesting order, or other order or requirement issued pursuant to this subchapter, or a duly certified copy thereof, may be filed, registered, or recorded in any office for the filing, registering, or recording of conveyances, transfers, or assignments of such property as may be covered by such order or requirement; and if so filed, registered, or recorded shall impart the same notice and have the same force and effect as a duly executed conveyance, transfer, or assignment so filed, registered, or recorded.
(Mar. 10, 1950, ch. 54, title II, §204, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 563.)
§1631d. Acquittance and discharge of obligation
Any payment, conveyance, transfer, assignment, or delivery of property made to the President or his designee pursuant to this subchapter, or any rule, regulation, instruction, or direction issued under this subchapter, shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same; and no person shall be held liable in any court for or in respect of any such payment, conveyance, transfer, assignment, or delivery made in good faith in pursuance of and in reliance on the provisions of this subchapter, or of any rule, regulation, instruction, or direction issued thereunder.
(Mar. 10, 1950, ch. 54, title II, §205, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 563.)
§1631e. Rules by district courts; appeals
The district courts of the United States are given jurisdiction to make and enter all such rules as to notice and otherwise, and all such orders and decrees, and to issue such process as may be necessary and proper in the premises to enforce the provisions of this subchapter, with a right of appeal from the final order or decree of such court as provided in chapter 83 of title 28.
(Mar. 10, 1950, ch. 54, title II, §206, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 563; amended Pub. L. 100–352, §6(g), June 27, 1988, 102 Stat. 664.)
Editorial Notes
Amendments
1988—Pub. L. 100–352 substituted "chapter 83" for "sections 1252, 1254, 1291, and 1292".
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered before such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of Title 28, Judiciary and Judicial Procedure.
§1631f. Claims to vested property
(a) Action for return of property; jurisdiction; complaint; custody of property until final determination
Any person who has not filed a notice of claim under subsection (b) of this section may institute a suit in equity for the return of any property, or the net proceeds thereof, vested in a designee of the President pursuant to section 1631a(a) of this title and held by such designee. Such suit, to which said designee shall be made a party defendant, shall be instituted in the District Court of the United States for the District of Columbia or in the district court of the United States for the district in which the claimant resides, or, if a corporation, where it has its principal place of business, by the filing of a complaint which alleges—
(1) that the claimant is a person other than Bulgaria, Hungary, or Rumania, or a national thereof as defined in Executive Order 8389 of April 10, 1940, as amended; and
(2) that the claimant was the owner of such property immediately prior to its vesting, or is the successor in interest of such owner by inheritance, devise, or bequest.
If the court finds in favor of the claimant, it shall order the payment, conveyance, transfer, assignment, or delivery to said claimant of such property, or the net proceeds thereof, held by said designee or the portion thereof to which the court shall determine said claimant is entitled. If suit shall be so instituted, then such property, or, if liquidated, the net proceeds thereof, shall be retained in the custody of said designee until any final judgment or decree which shall be entered in favor of the claimant shall be fully satisfied, or until final judgment or decree shall be entered against the claimant or suit otherwise terminated.
(b) Notice of claim; review of denial
Any person who has not instituted a suit under the provisions of subsection (a) of this section may file a notice of claim under oath for the return of any property, or the net proceeds thereof, vested in a designee of the President pursuant to section 1631a(a) of this title and held by such designee. Such notice of claim shall be filed with said designee and in such form and containing such particulars as said designee shall require. Said designee may return any property so claimed, or the net proceeds thereof, whenever he shall determine—
(1) that the claimant is a person other than Bulgaria, Hungary, or Rumania, or a national thereof as defined in Executive Order 8389 of April 10, 1940, as amended; and
(2) that the claimant was the owner of such property immediately prior to its vesting, or is the successor in interest of such owner by inheritance, devise, or bequest.
Any person whose claim is finally denied in whole or in part by said designee may obtain review of such denial by filing a petition therefor in the United States Court of Appeals for the District of Columbia Circuit. Such petition for review must be filed within sixty days after the date of mailing of the final order of denial by said designee and a copy shall forthwith be transmitted to the said designee by the clerk of the court. Within forty-five days after receipt of such petition for review, or within such further time as the court may grant for good cause shown, said designee shall file an answer thereto, and shall file with the court the record of the proceedings with respect to such claim, as provided in section 2112 of title 28. The court may enter judgment affirming the order of the designee; or, upon finding that such order is not in accordance with law or that any material findings upon which such order is based are unsupported by substantial evidence, may enter judgment modifying or setting aside the order in whole or in part, and (1) directing a return of all or part of the property claimed, or (2) remanding the claim for further administrative proceedings thereon. If a notice of claim is filed under this subsection, the property which is the subject of such claim, or, if liquidated, the net proceeds thereof, shall be retained in the custody of said designee until any final order of said designee or any final judgment or decree which shall be entered in favor of the claimant shall be fully satisfied, or until a final order of said designee or a final judgment or decree shall be entered against the claimant, or the claim or suit otherwise terminated.
(c) Exclusiveness of relief
The sole relief and remedy of any person having any claim to any property vested pursuant to section 1631a(a) of this title, except a person claiming under section 1631o of this title, shall be that provided by the terms of subsection (a) or (b) of this section, and in the event of the liquidation by sale or otherwise of such property, shall be limited to and enforced against the net proceeds received therefrom and held by the designee of the President. The claim of any person based on his ownership of shares of stock or other proprietary interest in a corporation which was the owner of property at the date of vesting thereof under section 1631a(a) of this title shall be allowable under subsection (a) or (b) of this section if 25 per centum or more of the outstanding capital stock or other proprietary interest in the corporation was owned at such date by nationals of countries other than Bulgaria, Hungary, Rumania, Germany, or Japan. But no such claim of a national of a foreign country shall be satisfied except after certification by the Department of State that the country of the national accords protection to nationals of the United States in similar types of cases.
(d) Recovery for conservation, preservation or maintenance of property
The designee of the President may retain or recover from any property, or the net proceeds thereof, returned pursuant to subsection (a) or (b) of this section an amount not exceeding that expended or incurred by him for the conservation, preservation, or maintenance of such property or proceeds.
(Mar. 10, 1950, ch. 54, title II, §207, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 564; amended Pub. L. 85–791, §33, Aug. 28, 1958, 72 Stat. 951; Pub. L. 90–421, §1(6), July 24, 1968, 82 Stat. 421.)
Editorial Notes
References in Text
Executive Order 8389 of April 10, 1940, referred to in subsecs. (a)(1) and (b)(1), is Ex. Ord. No. 8389, Apr. 10, 1940, 5 F.R. 1400, which is set out under section 4305 of Title 50, War and National Defense.
Amendments
1968—Subsec. (c). Pub. L. 90–421 inserted ", except a person claiming under section 1631o of this title," after "pursuant to section 1631a(a) of this title".
1958—Subsec. (b). Pub. L. 85–791, in fifth sentence, substituted "shall forthwith be transmitted to the said designee by the clerk of the court" for "must be served on the said designee", and in sixth sentence, substituted "receipt" for "service" and substituted "file with the court the record of the proceedings with respect to such claim, as provided in section 2112 of title 28" for "certify and file with the court a transcript of the entire record of the proceedings with respect to such claim".
§1631g. Payment of debts
(a) Claims allowable; defenses
Any property vested in the designee of the President pursuant to section 1631a(a) of this title, or the net proceeds thereof, shall be equitably applied by such designee in accordance with this section to the payment of debts owed by the person who owned such property immediately prior to its vesting in such designee. No debt claim shall be allowed under this section—
(1) if it is asserted against Bulgaria, Hungary, or Rumania (including the government or any political subdivisions, agencies, or instrumentalities thereof); or
(2) if it is based upon an obligation expressed or payable in any currency other than the currency of the United States; or
(3) if it was not due and owing—
(A) on October 9, 1940, in the event the property in respect of which such debt claim is filed was owned immediately prior to vesting by a national of Rumania;
(B) on March 4, 1941, in the event the property in respect of which such debt claim is filed was owned immediately prior to vesting by a national of Bulgaria; or
(C) on March 13, 1941, in the event that the property in respect of which such debt claim is filed was owned immediately prior to vesting by a national of Hungary.
Any defense to the payment of such claim which would have been available to the debtor shall be available to the designee, except that the period from and after December 7, 1941, shall not be included for the purpose of determining the applicability of any statute of limitations. Debt claims allowable under this section shall include only those of natural persons who were citizens of the United States at the dates their debtors became obligated to them; those of other natural persons who are and have been continuously since December 7, 1941, residents of the United States; those of corporations organized under the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia; and those acquired by the designee of the President under this subchapter. Successors in interest by inheritance, devise, bequest, or operation of law of debt claimants, other than persons who would themselves be disqualified hereunder from allowance of a debt claim, shall be eligible for payment to the same extent as their principals or predecessors would have been.
(b) Time limit for filing claims; extension; notice
The designee of the President under this subchapter shall fix a date or dates after which the filing of debt claims in respect of any or all debtors shall be barred, and may extend the time so fixed, and shall give at least sixty days' notice thereof by publication in the Federal Register. In no event shall the time extend beyond the expiration of one year from the date of the last vesting in the designee of the President of any property of a debtor in respect to whose debts the date is fixed. No debt shall be paid prior to the expiration of one hundred and twenty days after publication of the first such notice in respect of the debtor, nor in any event shall any payment of a debt claim be made out of any property or proceeds in respect of which a suit or proceeding for return pursuant to this subchapter is pending.
(c) Examination of claims; finality of determination
The designee shall examine the claims, and such evidence in respect thereof as may be presented to him or as he may introduce into the record, and shall make a determination, with respect to each claim, of allowance or disallowance, in whole or in part. The determination of the designee that a claim is within either paragraph (1) or (2) of subsection (a) of this section shall be final and shall not be subject to judicial review, and such claim shall not be considered a debt claim for any purpose under this section.
(d) Fund for debt payments
Payment of debt claims shall be made only out of such money included in, or received as net proceeds from the sale, use, or other disposition of, any property owned by the debtor immediately prior to its vesting in the designee of the President, as shall remain after deduction of (1) the amount of the expenses of the designee (including both expenses in connection with such property or proceeds thereof, and such portion as the designee shall fix of his other expenses), and of taxes, as defined in section 1631k of this title, paid by the designee in respect of such property or proceeds; and (2) such amount, if any, as the designee may establish as a cash reserve for the future payment of such expenses and taxes. If the money available hereunder for the payment of debt claims against the debtor is insufficient for the satisfaction of all claims allowed by the designee, ratable payments shall be made in accordance with subsection (g) of this section to the extent permitted by the money available and additional payments shall be made whenever the designee shall determine that substantial further money has become available, through liquidation of any such property or otherwise. The designee shall not be required, through any judgment of any court, levy of execution, or otherwise, to sell or liquidate any property vested in him, for the purpose of paying or satisfying any debt claim.
(e) Amount payable; disallowance; notice; review; additional evidence; judgment
If the aggregate of debt claims filed as prescribed does not exceed the money from which, in accordance with subsection (d) of this section, payment may be made, the designee shall pay each claim to the extent allowed, and shall serve by registered mail, on each claimant whose claim is disallowed in whole or in part, a notice of such disallowance. Within sixty days after the date of mailing of the designee's determination, any debt claimant whose claim has been disallowed in whole or in part may file in the District Court of the United States for the District of Columbia a complaint for review of such disallowance naming the designee as defendant. Such complaint shall be served on the designee. The designee, within forty-five days after service on him, shall certify and file in said court a transcript of the record of proceedings with respect to the claim in question. Upon good cause shown such time may be extended by the court. Such record shall include the claim as filed, such evidence with respect thereto as may have been presented to the designee or introduced into the record by him, and the determination of the designee with respect thereto, including any findings made by him. The court may, in its discretion, take additional evidence, upon a showing that such evidence was offered to and excluded by the designee, or could not reasonably have been adduced before him or was not available to him. The court shall enter judgment affirming, modifying, or reversing the designee's determination, and directing payment in the amount, if any, which it finds due.
(f) Schedule of debt claims allowed; notice; review; additional evidence; intervention; judgment
If the aggregate of debt claims filed as prescribed exceeds the money from which, in accordance with subsection (d) of this section, payment may be made, the designee shall prepare and serve by registered mail on all claimants a schedule of all debt claims allowed and the proposed payment to each claimant. In preparing such schedule, the designee shall assign priorities in accordance with subsection (g) of this section. Within sixty days after the date of mailing of such schedule, any claimant considering himself aggrieved may file in the District Court of the United States for the District of Columbia a complaint for review of such schedule, naming the designee as defendant. A copy of such complaint shall be served upon the designee and on each claimant named in the schedule. The designee within forty-five days after service on him, shall certify and file in said court a transcript of the record of proceedings with respect to such schedule. Upon good cause shown such time may be extended by the court. Such record shall include the claims in question as filed, such evidence with respect thereto as may have been presented to the designee or introduced into the record by him, any findings or other determinations made by the designee with respect thereto, and the schedule prepared by the designee. The court may, in its discretion, take additional evidence, upon a showing that such evidence was offered to and excluded by the designee or could not reasonably have been adduced before him or was not available to him. Any interested debt claimant who has filed a claim with the designee pursuant to this section, upon timely application to the court, shall be permitted to intervene in such review proceedings. The court shall enter judgment affirming or modifying the schedule as prepared by the designee and directing payment, if any be found due, pursuant to the schedule as affirmed or modified and to the extent of the money from which, in accordance with subsection (d) of this section, payment may be made. Pending the decision of the court on such complaint for review, and pending final determination of any appeal from such decision, payment may be made only to an extent, if any, consistent with the contentions of all claimants for review.
(g) Priority of claims
Debt claims shall be paid in the following order of priority: (1) Wage and salary claims, not to exceed $600; (2) claims entitled to priority under sections 3713(a) and 9309 of title 31, except as provided in subsection (h) of this section; (3) all other claims for services rendered; for expenses incurred in connection with such services, for rent, for goods and materials delivered to the debtor, and for payments made to the debtor for goods or services not received by the claimant; (4) all other debt claims. No payment shall be made to claimants within a subordinate class unless the money from which, in accordance with subsection (d) of this section, payment may be made permits payment in full of all allowed claims in every prior class.
(h) Priority as debt due United States
No debt of any kind shall be entitled to priority under any law of the United States or any State, Territory, or possession thereof, or the District of Columbia, solely by reason of becoming a debt due or owing to the United States as a result of its acquisition by the designee of the President under this subchapter.
(i) Exclusiveness of relief
The sole relief and remedy available to any person seeking satisfaction of a debt claim out of any property vested in the designee under section 1631a(a) of this title, or the proceeds thereof, shall be the relief and remedy provided in this section, and suits for the satisfaction of debt claims shall not be instituted, prosecuted, or further maintained except in conformity with this section. No person asserting any interest, right, or title in any property or proceeds acquired by the designee shall be barred from proceeding pursuant to this subchapter for the return thereof, by reason of any proceeding which he may have brought pursuant to this section; nor shall any security interest asserted by the creditor in any such property or proceeds be deemed to have been waived solely by reason of such proceeding. Nothing contained in this section shall bar any person from the prosecution of any suit at law or in equity against the original debtor or against any other person who may be liable for the payment of any debt for which a claim might have been filed hereunder. No purchaser, lessee, licensee, or other transferee of any property from the designee shall, solely by reason of such purchase, lease, license, or transfer, become liable for the payment of any debt owed by the person who owned such property prior to its vesting in the designee. Payment by the designee to any debt claimant shall constitute, to the extent of payment, a discharge of the indebtedness represented by the claim.
(Mar. 10, 1950, ch. 54, title II, §208, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 565.)
Editorial Notes
Codification
In subsec. (g), "sections 3713(a) and 9309 of title 31" substituted for "sections 3466 and 3468 of the Revised Statutes (31 U.S.C., secs. 191 and 193)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
§1631h. Hearings on claims; rules and regulations; delegation of powers
The officer or agency designated by the President under this subchapter to entertain claims under sections 1631f(b) and 1631g of this title shall have power to hold such hearings as may be deemed necessary; to prescribe rules and regulations governing the form and contents of claims, the proof thereof, and all other matters related to proceedings on such claims; and in connection with such proceedings to issue subpenas, administer oaths, and examine witnesses. Such powers, and any other powers conferred upon such officer or agency by sections 1631f(b) and 1631g of this title may be exercised through subordinate officers designated by such officer or agency.
(Mar. 10, 1950, ch. 54, title II, §209, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 568.)
§1631i. Limitations
No suit may be instituted pursuant to section 1631f(a) of this title after the expiration of one year from the date of vesting of the property in respect of which relief is sought. No return may be made pursuant to section 1631f(b) of this title unless notice of claim has been filed within one year from the date of vesting of the property in respect of which the claim is filed.
(Mar. 10, 1950, ch. 54, title II, §210, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 568.)
§1631j. Fees of agents, attorneys, or representatives
No property or proceeds shall be returned under this subchapter, nor shall any payment be made or judgment awarded in respect of any property vested in any officer or agency designated by the President under this subchapter unless satisfactory evidence is furnished to said designee, or the court, as the case may be, that the aggregate of the fees to be paid to all agents, attorneys at law or in fact, or representatives, for services rendered in connection with such return or payment or judgment does not exceed 10 per centum of the value of such property or proceeds or of such payment. Any agent, attorney at law or in fact, or representative, believing that the aggregate of the fees should be in excess of such 10 per centum may, in the case of any return of, or the making of any payment in respect of, such property or proceeds by the President or such officer or agency as he may designate, petition the district court of the United States for the district in which he resides for an order authorizing fees in excess of 10 per centum and shall name such officer or agency as respondent. The court hearing such petition or a court awarding any judgment in respect of any such property or proceeds, as the case may be, shall approve an aggregate of fees in excess of 10 per centum of the value of such property or proceeds only upon a finding that there exist special circumstances of unusual hardship which require the payment of such excess. Any person accepting any fee in excess of an amount approved under this section, or retaining for more than thirty days any portion of a fee, accepted prior to such approval, in excess of the fee as approved, shall be guilty of a violation of this subchapter.
(Mar. 10, 1950, ch. 54, title II, §211, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 568.)
§1631k. Taxes
(a) Liability
The vesting in any officer or agency designated by the President under this subchapter of any property or the receipt by such designee of any earnings, increment, or proceeds thereof shall not render inapplicable any Federal, State, Territorial, or local tax for any period before or after such vesting.
(b) Payment by designee; liability of former owner; enforcement of tax liability; transfer of property
The officer or agency designated by the President under this subchapter shall, notwithstanding the filing of any claim or the institution of any suit under this subchapter, pay any tax incident to any such property, or the earnings, increment, or proceeds thereof, at the earliest time appearing to him to be not contrary to the interest of the United States. The former owner shall not be liable for any such tax accruing while such property, earnings, increment, or proceeds are held by such designee, unless they are returned pursuant to this subchapter without payment of such tax by the designee. Every such tax shall be paid by the designee to the same extent, as nearly as may be deemed practicable, as though the property had not been vested, and shall be paid only out of the property, or earnings, increment, or proceeds thereof, to which they are incident or out of other property acquired from the same former owner, or earnings, increment, or proceeds thereof. No tax liability may be enforced from any property or the earnings, increment, or proceeds thereof while held by the designee except with his consent. Where any property is transferred, otherwise than pursuant to section 1631f(a) or 1631f(b) of this title, the designee may transfer the property free and clear of any tax, except to the extent of any lien for a tax existing and perfected at the date of vesting, and the proceeds of such transfer shall, for tax purposes, replace the property in the hands of the designee.
(c) Computation; suspension of limitations
Subject to the provisions of subsection (b) of this section, the manner of computing any Federal taxes, including without limitation by reason of this enumeration, the applicability in such computation of credits, deductions, and exemptions to which the former owner is or would be entitled, and the time and manner of any payment of such taxes and the extent of any compliance by the designee with provisions of Federal law and regulations applicable with respect to Federal taxes, shall be in accordance with regulations prescribed by the Secretary of the Treasury to effectuate this section. Statutes of limitations on assessments, collection, refund, or credit of Federal taxes shall be suspended with respect to any vested property or the earnings, increment, or proceeds thereof, while vested and for six months thereafter; but no interest shall be paid upon any refund with respect to any period during which the statute of limitations is so suspended.
(d) "Tax" defined
The word "tax" as used in this section shall include, without limitation by reason of this enumeration, any property, income, excess-profits, war-profits, excise, estate, and employment tax, import duty, and special assessment; and also any interest, penalty, additional amount, or addition thereto not arising from any act, omission, neglect, failure, or delay on the part of the designee.
(Mar. 10, 1950, ch. 54, title II, §212, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 569.)
§1631l. Determination of expenses and time for filing suit, notice of claim and debt claim
Prior to covering the net proceeds of liquidation of any property into the Treasury pursuant to section 1631a(a) of this title, the designee of the President under this subchapter shall determine—
(1) the amount of his administrative expenses attributable to the performance of his functions under this subchapter with respect to such property and the proceeds thereof. The amount so determined, together with an amount not exceeding that expended or incurred for the conservation, preservation, or maintenance of such property and the proceeds thereof, and for taxes in respect of same, shall be deducted and retained by the designee from the proceeds otherwise covered into the Treasury; and
(2) that the time for the institution of a suit under section 1631f(a) of this title, for the filing of a notice of claim under section 1631f(b) of this title, and for the filing of debt claims under section 1631g of this title has elapsed.
The determinations of the designee under this section shall be final and conclusive.
(Mar. 10, 1950, ch. 54, title II, §213, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 570.)
§1631m. Lien, attachment, garnishment, etc., of transferred property
No property conveyed, transferred, assigned, delivered, or paid to the designee of the President under this subchapter, or the net proceeds thereof, shall be liable to lien, attachment, garnishment, trustee process, or execution, or subject to any order or decree of any court, except as provided in this subchapter.
(Mar. 10, 1950, ch. 54, title II, §214, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 570.)
§1631n. Penalties
Whoever shall willfully violate any provision of this subchapter or any rule or regulation issued hereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President or of a designee of the President under this subchapter, issued in compliance with the provisions of this subchapter shall be fined not more than $5,000, or, if a natural person, imprisoned for not more than five years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by a like fine, imprisonment, or both.
(Mar. 10, 1950, ch. 54, title II, §215, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 570.)
§1631o. Eligibility for return of interest in property
(a) Persons eligible; determination; prerequisites
Notwithstanding any other provision of this chapter or any provision of the Trading With the Enemy Act, as amended, any person (1) who was formerly a national of Bulgaria, Hungary, or Rumania, and (2) who, as a consequence of any law, decree, or regulation of the nation of which he was a national discriminating against political, racial or religious groups, at no time between December 7, 1941, and the time when such law, decree, or regulation was abrogated enjoyed full rights of citizenship under the law of such nation, shall be eligible hereunder to receive the return of his interest in property which was vested under section 1631a(a) of this title or under the Trading With the Enemy Act, as amended [50 U.S.C. 4301 et seq.], as the property of a corporation organized under the laws of Bulgaria, Hungary, or Rumania if 25 per centum or more of the outstanding capital stock of such corporation was owned at the date of vesting by such persons and nationals of countries other than Bulgaria, Hungary, Rumania, Germany, or Japan, or if such corporation was subjected after December 7, 1941, under the laws of its country, to special wartime measures directed against it because of the enemy character of some or all of its stockholders; and no certificate by the Department of State as provided under section 1631f(c) of this title shall be required for such persons.
(b) Notice of claim; time of claim; fund for payment
An interest in property vested under the Trading With the Enemy Act, as amended, as the property of a corporation organized under the laws of Bulgaria, Hungary, or Rumania shall be subject to return under subsection (a) of this section only if a notice of claim for the return of any such interest has been timely filed under the provisions of section 4330 of Title 50, provided that application may be made therefore within six months after July 24, 1968. In the event such interest has been liquidated and the net proceeds thereof transferred to the Bulgarian Claims Fund, Hungarian Claims Fund, or Rumanian Claims Fund, the net proceeds of any other interest representing vested property held in the United States Treasury may be used for the purpose of making the return hereunder.
(c) Finality of determination
Determinations by the designee of the President or any other officer or agency with respect to claims under this section, including the allowance or disallowance thereof, shall be final and shall not be subject to review by any court.
(Mar. 10, 1950, ch. 54, title II, §216, as added Pub. L. 90–421, §1(7), July 24, 1968, 82 Stat. 421.)
Editorial Notes
References in Text
The Trading With the Enemy Act, as amended, referred to in subsecs. (a) and (b), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
SUBCHAPTER III—CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY, AND THE SOVIET UNION
§1641. Definitions
As used in this subchapter the term—
(1) "Person" means a natural person, partnership, association, other unincorporated body, corporation, or body politic.
(2) "National of the United States" means (A) a natural person who is a citizen of the United States, or who owes permanent allegiance to the United States, and (B) a corporation or other legal entity which is organized under the laws of the United States, any State or Territory thereof, or the District of Columbia, if natural persons who are nationals of the United States own, directly or indirectly, more than 50 per centum of the outstanding capital stock or other beneficial interest in such legal entity. It does not include aliens.
(3) "Treaty of peace", with respect to a country, means the treaty of peace with that country signed at Paris, France, February 10, 1947, which came into force between that country and the United States on September 15, 1947.
(4) "Memorandum of Understanding" means the Memorandum of Understanding between the United States and Italy regarding Italian assets in the United States and certain claims of nationals of the United States, signed at Washington, District of Columbia, August 14, 1947 (61 Stat. 3962).
(5) "Soviet Government" means the Union of Soviet Socialist Republics, including any of its present or former constituent republics, other political subdivisions, and any territories thereof, as constituted on or prior to November 16, 1933.
(6) "Litvinov Assignment" means (A) the communication dated November 16, 1933, from Maxim Litvinov to President Franklin D. Roosevelt, wherein the Soviet Government assigned to the Government of the United States amounts admitted or found to be due it as the successor of prior governments of Russia, or otherwise, preparatory to a final settlement of the claims outstanding between the two Governments and the claims of their nationals; (B) the communication dated November 16, 1933, from President Franklin D. Roosevelt to Maxim Litvinov, accepting such assignment; and (C) the assignments executed by Serge Ughet on August 25, 1933, and November 15, 1933, assigning certain assets to the Government of the United States.
(7) "Russian national" includes any corporation or business association organized under the laws, decrees, ordinances, or acts of the former Empire of Russia or of any government successor thereto, and subsequently nationalized or dissolved or whose assets were taken over by the Soviet Government or which was merged with any other corporation or organization by the Soviet Government.
(8) "Commission" means the Foreign Claims Settlement Commission of the United States, established pursuant to Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279).
(9) "Property" means any property, right, or interest.
(Mar. 10, 1950, ch. 54, title III, §301, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 570.)
Editorial Notes
References in Text
Reorganization Plan Numbered 1 of 1954, referred to in par. (8), is Reorg. Plan No. 1 of 1954, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under section 1622 of this title.
Statutory Notes and Related Subsidiaries
Transfer of Foreign Claims Settlement Commission of the United States as Separate Agency Within Department of Justice
For provisions transferring Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see section 1622a et seq. of this title.
§1641a. Claims funds
(a) Establishment; coverage into Treasury; deduction
There are created in the Treasury of the United States five funds to be known as the Bulgarian Claims Fund, the Hungarian Claims Fund, the Rumanian Claims Fund, the Italian Claims Fund, and the Soviet Claims Fund. The Secretary of the Treasury shall cover into each of the Hungarian, Rumanian, and Bulgarian Claims Funds, the funds attributable to the respective country or its nationals covered into the Treasury pursuant to subsections (a) and (b) of section 1631a of this title. The Secretary of the Treasury shall cover into the Italian Claims Fund the sum of $5,000,000 paid to the United States by the Government of Italy pursuant to article II of the Memorandum of Understanding. The Secretary shall cover into the Treasury the funds collected by the United States pursuant to the Litvinov Assignment (including postal funds due prior to November 16, 1933, to the Union of Soviet Socialist Republics because of money orders certified to that country for payment) and shall cover into the Soviet Claims Fund the funds so covered into the Treasury. The Secretary shall deduct from each claims fund 5 per centum thereof as reimbursement to the Government of the United States for the expenses incurred by the Commission and by the Treasury Department in the administration of this subchapter. Such deduction shall be made before any payment is made out of such fund under section 1641i of this title. All amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts.
(b) Bulgarian and Rumanian fund
The Secretary of the Treasury shall cover into each of the Bulgarian and Rumanian Claims Funds such sums as may be paid by the Government of the respective country pursuant to the terms of any claims settlement agreement between the Government of the United States and the Government of such country.
(c) Hungarian fund
The Secretary of the Treasury shall cover into the Hungarian Claims Fund, such sums as may be paid to the United States by the Government of Hungary pursuant to the terms of the United States Hungarian Claims Agreement of March 6, 1973.
(Mar. 10, 1950, ch. 54, title III, §302, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 571; amended Pub. L. 90–421, §1(8), July 24, 1968, 82 Stat. 422; Pub. L. 93–460, §1(1), Oct. 20, 1974, 88 Stat. 1386.)
Editorial Notes
Amendments
1974—Subsec. (c). Pub. L. 93–460 added subsec. (c).
1968—Pub. L. 90–421 designated existing provisions as subsec. (a) and added subsec. (b).
§1641b. Claims of nationals of the United States against Bulgaria, Hungary, and Rumania
The Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of claims of nationals of the United States against the Governments of Bulgaria, Hungary, and Rumania, or any of them, arising out of the failure to—
(1) restore or pay compensation for property of nationals of the United States as required by article 23 of the treaty of peace with Bulgaria, articles 26 and 27 of the treaty of peace with Hungary, and articles 24 and 25 of the treaty of peace with Rumania. Awards under this paragraph shall be in amounts not to exceed two-thirds of the loss or damage actually sustained;
(2) pay effective compensation for the nationalization, compulsory liquidation, or other taking, prior to August 9, 1955, of property of nationals of the United States in Bulgaria, Hungary, and Rumania;
(3) meet obligations expressed in currency of the United States arising out of contractual or other rights acquired by nationals of the United States prior to April 24, 1941, in the case of Bulgaria, and prior to September 1, 1939, in the case of Hungary and Rumania, and which became payable prior to September 15, 1947;
(4) pay effective compensation for the nationalization, compulsory liquidation, or other taking of property of nationals of the United States in Bulgaria and Rumania, between August 9, 1955, and the effective date of the claims agreement between the respective country and the United States; and
(5) pay effective compensation for the nationalization, compulsory liquidation, or other taking of property of nationals of the United States in Hungary, between August 9, 1955, and the date the United States-Hungarian Claims Agreement of March 6, 1973, enters into force.
(Mar. 10, 1950, ch. 54, title III, §303, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 571; amended Pub. L. 90–421, §1(9), (10), July 24, 1968, 82 Stat. 422; Pub. L. 93–460, §1(2), (3), Oct. 20, 1974, 88 Stat. 1386.)
Editorial Notes
Amendments
1974—Par. (5). Pub. L. 93–460, §1(3), added par. (5).
1968—Par. (4). Pub. L. 90–421, §1(10), added par. (4).
§1641c. Claims of nationals of the United States against Italy
(a) Claims not provided for in peace treaty
The Commission shall receive and determine, in accordance with the Memorandum of Understanding and applicable substantive law, including international law, the validity and amount of claims of nationals of the United States against the government of Italy arising out of the war in which Italy was engaged from June 10, 1940, to September 15, 1947, and with respect to which provision was not made in the treaty of peace with Italy. Upon payment of the principal amounts (without interest) of all awards from the Italian Claims Fund created pursuant to section 1641a of this title, the Commission shall determine the validity and amount of any claim under this section by any natural person who was a citizen of the United States on August 9, 1955 and shall, in the event an award is issued pursuant to such claim, certify the same to the Secretary of the Treasury for payment out of remaining balances in the Italian Claims Fund in accordance with the provisions of section 1641i of this title, notwithstanding that the period of time prescribed in section 1641o of this title for the settlement of all claims under this section may have expired.
(b) Individuals who fail to file claims
The Commission shall receive and determine, or redetermine, as the case may be, in accordance with applicable substantive law, including international law, the validity and amounts of claims owned by person who were eligible to file claims under the first sentence of subsection (a) of this section on August 9, 1955, but failed to file such claims or, if they filed such claims, failed to file such claims within the limit of time required therefor: Provided, That no awards shall be made to persons who have received compensation in any amount pursuant to the treaty of peace with Italy, subsection (a) of this section, or section 4132 of title 50.
(c) Territory ceded by Italy
The Commission shall receive and determine, or redetermine as the case may be, in accordance with applicable substantive law, including international law, the validity and amounts of claims owned by persons who were nationals of the United States on September 3, 1943, and July 24, 1968, against the Government of Italy which arose out of the war in which Italy was engaged from June 10, 1940, to September 15, 1947, in territory ceded by Italy pursuant to the treaty of peace with Italy: Provided, That no awards shall be made to persons who have received compensation in any amount pursuant to the treaty of peace with Italy or subsection (a) of this section.
(d) Time within which to file; publication in Federal Register
Within thirty days after July 24, 1968, or within thirty days after the date of enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under subsections (b) and (c) of this section, whichever date is later, the Commission shall publish in the Federal Register the time when and the limit of time within which claims may be filed with the Commission, which limit shall not be more than six months after such publication.
(e) Certification of awards
The Commission shall certify awards on claims determined pursuant to subsections (b) and (c) of this section to the Secretary of the Treasury for payment out of remaining balances in the Italian Claims Fund in accordance with the provisions of section 1641i of this title, after payment in full of all awards certified pursuant to subsection (a) of this section.
(f) Transfers from Italian Claims Fund to War Claims Fund
After payment in full of all awards certified to the Secretary of the Treasury pursuant to subsections (a) and (e) of this section, the Secretary of the Treasury is authorized and directed to transfer the unobligated balance in the Italian Claims Fund into the War Claims Fund created by section 4110 of title 50.
(Mar. 10, 1950, ch. 54, title III, §304, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 572; amended Pub. L. 85–604, §2, Aug. 8, 1958, 72 Stat. 531; Pub. L. 90–421, §1(11), July 24, 1968, 82 Stat. 422.)
Editorial Notes
Amendments
1968—Pub. L. 90–421 designated existing provisions as subsec. (a) and added subsecs. (b) to (f).
1958—Pub. L. 85–604 authorized the Commission to determine the validity and amount of claims by natural persons who were citizens of the United States on Aug. 9, 1955.
§1641d. Claims of nationals of the United States against the Soviet Union
(a) Claims prior to November 16, 1933
The Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of—
(1) claims of nationals of the United States against a Russian national originally accruing in favor of a national of the United States with respect to which a judgment was entered in, or a warrant of attachment issued from, any court of the United States or of a State of the United States in favor of a national of the United States, with which judgment or warrant of attachment a lien was obtained by a national of the United States, prior to November 16, 1933, upon any property in the United States which has been taken, collected, recovered, or liquidated by the Government of the United States pursuant to the Litvinov Assignment. Awards under this paragraph shall not exceed the proceeds of such property as may have been subject to the lien of the judgment or attachment; nor, in the event that such proceeds are less than the aggregate amount of all valid claims so related to the same property, exceed an amount equal to the proportion which each such claim bears to the total amount of such proceeds; and
(2) claims, arising prior to November 16, 1933, of nationals of the United States against the Soviet Government.
(b) Federal and State court judgments
Any judgment entered in any court of the United States or of a State of the United States shall be binding upon the Commission in its determination, under paragraph (1) of subsection (a) of this section, of any issue which was determined by the court in which the judgment was entered.
(c) Preferences
The Commission shall give preference to the disposition of the claims referred to in paragraph (1) of subsection (a) of this section, over all other claims presented to it under this subchapter.
(Mar. 10, 1950, ch. 54, title III, §305, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 572.)
§1641e. Filing of claims; notice in Federal Register
(a) Time period
Within sixty days after August 9, 1955, or within sixty days after the date of enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under paragraph (1), (2), or (3) of section 1641b of this title, whichever date is later, the Commission shall publish in the Federal Register the time when and the limit of time within which claims may be filed under paragraph (1), (2), or (3) of section 1641b of this title, which limit shall not be more than one year after such publication, except that with respect to claims under section 1641d of this title this limit shall not exceed six months.
(b) Property taken in Bulgaria and Rumania
Within thirty days after July 24, 1968, or the enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under paragraph (4) of section 1641b of this title, whichever is later, the Commission shall publish in the Federal Register the time when and the limit of time within which claims may be filed under paragraph (4) of section 1641b of this title, which limit shall not be more than six months after such publication.
(c) Property taken in Hungary
Within thirty days after October 20, 1974, or thirty days after enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under paragraph (5) of section 1641b of this title, whichever date is later, the Commission shall publish in the Federal Register the time when, and the limit of time within which, claims may be filed with the Commission under paragraph (5) of section 1641b of this title, which limit shall not be more than six months after such publication.
(d) Failure to receive notice on Hungarian claims
Notwithstanding any other provision of this section, any national of the United States who was mailed notice by any department or agency of the Government of the United States with respect to filing a claim against the Government of Hungary arising out of any of the failures referred to in paragraph (1), (2), or (3) of section 1641b of this title, and who did not receive the notice as the result of administrative error in placing a nonexistent address on the notice, may file with the Commission a claim under any such paragraph. The Commission shall publish in the Federal Register, within thirty days after October 20, 1974, when the limit of time within which any such claim may be filed with the Commission, which limit shall not be more than six months after such publication.
(Mar. 10, 1950, ch. 54, title III, §306, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 572; amended Pub. L. 90–421, §1(12), July 24, 1968, 82 Stat. 423; Pub. L. 93–460, §1(4), Oct. 20, 1974, 88 Stat. 1386.)
Editorial Notes
Amendments
1974—Subsec. (a). Pub. L. 93–460, §1(4)(A), substituted "paragraph (1), (2), or (3) of section 1641b of this title" for "this subchapter".
Subsecs. (c), (d). Pub. L. 93–460, §1(4)(B), added subsecs. (c) and (d).
1968—Pub. L. 90–421 designated existing provisions as subsec. (a) and added subsec. (b).
§1641f. Amount of award
The amount of any award made pursuant to this subchapter based on a claim of a national of the United States other than the national of the United States to whom the claim originally accrued shall not exceed the amount of the actual consideration last paid therefor either prior to January 1, 1953, or between that date and the filing of the claim, whichever is less.
(Mar. 10, 1950, ch. 54, title III, §307, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 573.)
§1641g. Certification of awards
The Commission shall as soon as possible, and in the order of the making of such awards, certify to the Secretary of the Treasury, in terms of United States currency, each award made pursuant to this subchapter.
(Mar. 10, 1950, ch. 54, title III, §308, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 573.)
§1641h. Funds for payment of claims
All payments authorized under this subchapter shall be disbursed exclusively from the claims fund attributable to the country with respect to which the claims are allowed pursuant to this subchapter. All amounts covered into the Treasury to the credit of the claims funds created by section 1641a of this title are hereby permanently appropriated for the making of the payments authorized under this subchapter.
(Mar. 10, 1950, ch. 54, title III, §309, as added Aug. 9, 1955, ch. 645, §3, 69 Stat. 573.)
§1641i. Payment of awards
(a) Manner of payment
The Secretary of the Treasury shall make payments on account of awards certified by the Commission pursuant to this subchapter as follows:
(1) Payment in full of the principal amount of each award made pursuant to section 1641d(a)(1) of this title and each award of $1,000 or less made pursuant to section 1641b or 1641c of