[USC02] 22 USC Ch. 45: COMMISSION ON SECURITY AND COOPERATION IN EUROPE
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22 USC Ch. 45: COMMISSION ON SECURITY AND COOPERATION IN EUROPE
From Title 22—FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 45—COMMISSION ON SECURITY AND COOPERATION IN EUROPE

Sec.
3001.
Commission on Security and Cooperation in Europe; establishment.
3002.
Function and duties of Commission.
3003.
Commission membership.
3004.
Testimony of witnesses, production of evidence; issuance of subpena; administration of oaths.
3005.
Report relating to Commission on Security and Cooperation in Europe.
3006.
Commission report to Congress; periodic reports; expenditure of appropriations.
3007.
Appropriations for Commission.
3008.
Commission staff.
3009.
Printing and binding costs.

        

§3001. Commission on Security and Cooperation in Europe; establishment

There is established the Commission on Security and Cooperation in Europe (hereafter in this chapter referred to as the "Commission").

(Pub. L. 94–304, §1, June 3, 1976, 90 Stat. 661.)

§3002. Function and duties of Commission

The Commission is authorized and directed to monitor the acts of the signatories which reflect compliance with or violation of the articles of the Final Act of the Conference on Security and Cooperation in Europe, with particular regard to the provisions relating to human rights and Cooperation in Humanitarian Fields. The Commission is further authorized and directed to monitor and encourage the development of programs and activities of the United States Government and private organizations with a view toward taking advantage of the provisions of the Final Act to expand East-West economic cooperation and a greater interchange of people and ideas between East and West.

(Pub. L. 94–304, §2, June 3, 1976, 90 Stat. 661; Pub. L. 99–7, §2, Mar. 27, 1985, 99 Stat. 19.)

References in Text

The Final Act of the Conference on Security and Cooperation in Europe, referred to in text, means part four of the Helsinki Declaration which deals with follow-up to the Conference and possible steps to encourage compliance with its purposes and undertakings. The Declaration was signed on August 1, 1975 by the nine members of the European Economic Community and the 35 participants to the Conference included all the European States, both Communist (except Albania) and non-Communist, the United States, Canada, and several non-participating Mediterranean states. The Conference on Security and Cooperation in Europe is now called the Organization for Security and Cooperation in Europe.

Amendments

1985Pub. L. 99–7 inserted "human rights and" after "relating to".

Change of Name

The Conference on Security and Cooperation in Europe to be called the Organization for Security and Cooperation in Europe effective Jan. 1, 1995, pursuant to Ex. Ord. No. 13029, Dec. 3, 1996, 61 F.R. 64591.

Effective Date of 1985 Amendment

Pub. L. 99–7, §6, Mar. 27, 1985, 99 Stat. 20, provided that:

"(a) Except as provided in subsection (b), this Act and the amendments made by this Act [amending this section and sections 3003, 3007, and 3008 of this title and enacting provisions set out as a note under section 3003 of this title] shall take effect on the date of enactment of this Act [Mar. 27, 1985] or April 15, 1985, whichever is later.

"(b)(1) The amendment made by subsection (b) of the first section [amending section 3003 of this title] shall take effect on the first day of the One Hundredth Congress [which convenes in January 1987].

"(2) Subsection (d) of section 8 of the Act entitled 'An Act to establish a Commission on Security and Cooperation in Europe', approved June 3, 1976 (as added by section 5 of this Act) [section 3008(d) of this title], shall be effective as of June 3, 1976."

§3003. Commission membership

(a) Selection and appointment of members

The Commission shall be composed of twenty-one members as follows:

(1) Nine Members of the House of Representatives appointed by the Speaker of the House of Representatives. Five Members shall be selected from the majority party and four Members shall be selected, after consultation with the minority leader of the House, from the minority party.

(2) Nine Members of the Senate appointed by the President of the Senate. Five Members shall be selected from the majority party of the Senate, after consultation with the majority leader, and four Members shall be selected, after consultation with the minority leader of the Senate, from the minority party.

(3) One member of the Department of State appointed by the President of the United States.

(4) One member of the Department of Defense appointed by the President of the United States.

(5) One member of the Department of Commerce appointed by the President of the United States.

(b) Commission Chairman and Cochairman

There shall be a Chairman and a Cochairman of the Commission.

(c) Designation of Chairman

At the beginning of each odd-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members as Chairman of the Commission. At the beginning of each even-numbered Congress, the Speaker of the House of Representatives shall designate one of the House Members as Chairman of the Commission.

(d) Designation of Cochairman

At the beginning of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the House Members as Cochairman of the Commission. At the beginning of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members as Cochairman of the Commission.

(Pub. L. 94–304, §3, June 3, 1976, 90 Stat. 661; Pub. L. 99–7, §1(a), (b), Mar. 27, 1985, 99 Stat. 18.)

Amendments

1985—Subsecs. (a), (b). Pub. L. 99–7, §1(a), in amending section generally, designated existing provisions as subsec. (a) and added subsec. (b). Prior to amendment, section read as follows: "The Commission shall be composed of fifteen members as follows:

"(1) Six Members of the House of Representatives appointed by the Speaker of the House of Representatives. Four members shall be selected from the majority party and two shall be selected, after consultation with the minority leader of the House, from the minority party. The Speaker shall designate one of the House Members as chairman.

"(2) Six Members of the Senate appointed by the President of the Senate. Four members shall be selected from the majority party and two shall be selected after consultation with the minority leader of the Senate, from the minority party.

"(3) One member of the Department of State appointed by the President of the United States.

"(4) One member of the Defense Department appointed by the President of the United States.

"(5) One member of the Commerce Department appointed by the President of the United States."

Subsecs. (c), (d). Pub. L. 99–7, §1(b), added subsecs. (c) and (d).

Effective Date of 1985 Amendment

Amendment by section 1(a) of Pub. L. 99–7 effective Apr. 15, 1985, see section 6(a) of Pub. L. 99–7, set out as a note under section 3002 of this title.

Amendment by section 1(b) of Pub. L. 99–7 effective on first day of 100th Congress (which convenes in January 1987), see section 6(b)(1) of Pub. L. 99–7, set out as a note under section 3002 of this title.

Designation of Chairman and Cochairman for Duration of 99th Congress

Pub. L. 99–7, §1(c), Mar. 27, 1985, 99 Stat. 19, provided that: "On the effective date of this subsection [Apr. 15, 1985], the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members to serve as Chairman of the Commission for the duration of the Ninety-ninth Congress, and the Speaker of the House of Representatives shall designate one of the House Members to serve as Cochairman of the Commission for the duration of the Ninety-ninth Congress."

§3004. Testimony of witnesses, production of evidence; issuance of subpena; administration of oaths

In carrying out this chapter, the Commission may require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as it deems necessary. Subpenas may be issued over the signature of the Chairman of the Commission or any member designated by him, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by him, may administer oaths to any witness.

(Pub. L. 94–304, §4, June 3, 1976, 90 Stat. 661.)

§3005. Report relating to Commission on Security and Cooperation in Europe

In order to assist the Commission in carrying out its duties, the Secretary of State shall submit to the Commission an annual report discussing the overall United States policy objectives that are advanced through meetings of decision-making bodies of the Organization for Security and Cooperation in Europe (OSCE), the OSCE implementation review process, and other activities of the OSCE. The report shall also include a summary of specific United States policy objectives with respect to participating states where there is particular concern relating to the implementation of OSCE commitments or where an OSCE presence exists. Such summary shall address the role played by OSCE institutions, mechanisms, or field activities in achieving United States policy objectives. Each annual report shall cover the period from January 1 to December 31, shall be submitted not more than 90 days after the end of the reporting period, and shall be posted on the Internet website of the Department of State.

(Pub. L. 94–304, §5, June 3, 1976, 90 Stat. 661; Pub. L. 102–138, title I, §171, Oct. 28, 1991, 105 Stat. 679; Pub. L. 107–228, div. A, title II, §226, Sept. 30, 2002, 116 Stat. 1369.)

Amendments

2002Pub. L. 107–228 amended section generally. Prior to amendment, section read as follows: "In order to assist the Commission in carrying out its duties, the President shall submit to the Commission an annual report,, which shall include (1) a detailed survey of actions by the signatories of the Final Act reflecting compliance with or violation of the provisions of the Final Act, and (2) a listing and description of present or planned programs and activities of the appropriate agencies of the executive branch and private organizations aimed at taking advantage of the provisions of the Final Act to expand East-West economic cooperation and to promote a greater interchange of people and ideas between East and West."

1991Pub. L. 102–138, §171(2), which directed the striking out of "the first one to be submitted six months after June 3, 1976" after "report", was executed by striking that language after "report," to reflect the probable intent of Congress.

Pub. L. 102–138, §171(1), substituted "an annual report" for "a semiannual report".

Delegation of Functions

Memorandum of President of the United States, Feb. 10, 1992, 57 F.R. 5367, provided:

Memorandum for the Honorable James A. Baker, III, 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 you the functions vested in me by section 5 of Public Law 94–304 (22 U.S.C. 3005). The authority delegated by this memorandum may be further delegated within the Department of State.

You are authorized and directed to publish this memorandum in the Federal Register.

George Bush.      

§3006. Commission report to Congress; periodic reports; expenditure of appropriations

The Commission is authorized and directed to report to the House of Representatives and the Senate with respect to the matters covered by this chapter on a periodic basis and to provide information to Members of the House and Senate as requested. For each fiscal year for which an appropriation is made the Commission shall submit to Congress a report on its expenditures under such appropriation.

(Pub. L. 94–304, §6, June 3, 1976, 90 Stat. 662.)

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 this section is listed on page 157), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

§3007. Appropriations for Commission

(a) Authorization; disbursements

(1) There are authorized to be appropriated to the Commission for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Appropriations to the Commission are authorized to remain available until expended.

(2) Appropriations to the Commission shall be disbursed on vouchers approved—

(A) jointly by the Chairman and the Cochairman, or

(B) by a majority of the members of the personnel and administration committee established pursuant to section 3008(a) of this title.

(b) Use of foreign currencies

For purposes of section 1754(b) of this title, the Commission shall be deemed to be a standing committee of the Congress and shall be entitled to use funds in accordance with such sections.

(c) Official reception and representational expenses

Not to exceed $6,000 of the funds appropriated to the Commission for each fiscal year may be used for official reception and representational expenses.

(d) Foreign travel for official purposes

Foreign travel for official purposes by Commission members and staff may be authorized by either the Chairman or the Cochairman.

(Pub. L. 94–304, §7, June 3, 1976, 90 Stat. 662; Pub. L. 94–534, Oct. 17, 1976, 90 Stat. 2495; Pub. L. 95–426, title VII, §702, Oct. 7, 1978, 92 Stat. 992; Pub. L. 96–60, title IV, §401, Aug. 15, 1979, 93 Stat. 403; Pub. L. 99–7, §§3, 4, Mar. 27, 1985, 99 Stat. 19.)

Amendments

1985—Subsec. (a). Pub. L. 99–7, §3, amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "There is authorized to be appropriated to the Commission for each fiscal year and to remain available until expended $550,000 to assist in meeting the expenses of the Commission for the purpose of carrying out the provisions of this chapter, such appropriation to be disbursed on voucher to be approved by the Chairman of the Commission."

Subsec. (d). Pub. L. 99–7, §4, added subsec. (d).

1979—Subsec. (c). Pub. L. 96–60 added subsec. (c).

1978—Subsec. (a). Pub. L. 95–426 substituted "$550,000" for "$350,000".

1976Pub. L. 94–534 designated existing provisions as subsec. (a) and added subsec. (b).

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–7 effective Apr. 15, 1985, see section 6(a) of Pub. L. 99–7, set out as a note under section 3002 of this title.

§3008. Commission staff

(a) Personnel and administration committee

The Commission shall have a personnel and administration committee composed of the Chairman, the Cochairman, the senior Commission member from the minority party in the House of Representatives, and the senior Commission member from the minority party in the Senate.

(b) Committee functions

All decisions pertaining to the hiring, firing, and fixing of pay of Commission staff personnel shall be by a majority vote of the personnel and administration committee, except that—

(1) the Chairman shall be entitled to appoint and fix the pay of the staff director, and the Cochairman shall be entitled to appoint and fix the pay of his senior staff person; and

(2) the Chairman and Cochairman each shall have the authority to appoint, with the approval of the personnel and administration committee, at least four professional staff members who shall be responsible to the Chairman or the Cochairman (as the case may be) who appointed them.


The personnel and administration committee may appoint and fix the pay of such other staff personnel as it deems desirable.

(c) Staff appointments

All staff appointments shall be made without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and general schedule pay rates.

(d) Commission employees as congressional employees

(1) For purposes of pay and other employment benefits, rights, and privileges and for all other purposes, any employee of the Commission shall be considered to be a congressional employee as defined in section 2107 of title 5.

(2) For purposes of section 3304(c)(1) 1 of title 5, staff personnel of the Commission shall be considered as if they are in positions in which they are paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives.

(3) The provisions of paragraphs (1) and (2) of this subsection shall be effective as of June 3, 1976.

(Pub. L. 94–304, §8, June 3, 1976, 90 Stat. 662; Pub. L. 99–7, §5, Mar. 27, 1985, 99 Stat. 19; Pub. L. 104–186, title II, §218(3), Aug. 20, 1996, 110 Stat. 1747.)

References in Text

Section 3304(c) of title 5, referred to in subsec. (d)(2), was repealed and section 3304(d) was redesignated 3304(c) by Pub. L. 104–65, §16(a), (b), Dec. 19, 1995, 109 Stat. 703.

Amendments

1996—Subsec. (d)(2). Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk".

1985—Subsecs. (a), (b). Pub. L. 99–7, in amending section generally, added subsecs. (a) and (b).

Subsec. (c). Pub. L. 99–7, in amending section generally, designated existing provisions as subsec. (c) and substituted "All staff appointments shall be made" for "The Commission may appoint and fix the pay of such staff personnel as it deems desirable,".

Subsec. (d). Pub. L. 99–7, in amending section generally, added subsec. (d).

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–7 effective Apr. 15, 1985, except for enactment of subsec. (d) which was effective June 3, 1976, see section 6(a), (b)(2) of Pub. L. 99–7, set out as a note under section 3002 of this title.

1 See References in Text note below.

§3009. Printing and binding costs

For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Publishing Office, the Commission shall be deemed to be a committee of the Congress.

(Pub. L. 94–304, §9, as added Pub. L. 99–190, §134, Dec. 19, 1985, 99 Stat. 1322; amended Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537.)

Change of Name

"Government Publishing Office" substituted for "Government Printing Office" in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.