22 U.S.C. § 2351 — Encouragement of free enterprise and pri-

Page 828 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2349cc–2 1 So in original. (G) programs to provide information and resources to diplomats engaging in discus- sions and negotiations around international law and capacity building measures related to cybersecurity; (H) capacity building for cybersecurity partners, including law enforcement and military entities as described in subsection (f); (I) programs that enhance the ability of relevant stakeholders to act collectively against shared cybersecurity threats; (J) the advancement of programs in sup- port of the Framework of Responsible State Behavior in Cyberspace; and (K) the fortification of deterrence instru- ments in cyberspace; and (4) such 1 other purpose and functions as the Secretary of State may designate. (c) Responsibility for policy decisions and jus- tification The Secretary of State shall be responsible for policy decisions regarding programs under this part, with respect to— (1) whether there will be cybersecurity and digital capacity building programs for a for- eign country or entity operating in that coun- try; (2) the amount of funds for each foreign country or entity; and (3) the scope and nature of such uses of fund- ing. (d) Detailed justification for uses and purposes of funds The Secretary of State shall provide, on an an- nual basis, a detailed justification for the uses and purposes of the amounts provided under this part, including information concerning— (1) the amounts and kinds of grants; (2) the amounts and kinds of budgetary sup- port provided, if any; and (3) the amounts and kinds of project assist- ance provided for what purpose and with such amounts. (e) Assistance and funding under other authori- ties The authority granted under this section to provide assistance or funding for countries and organizations does not preclude the use of funds provided to carry out other authorities also available for such purpose. (f) Availability of funds Amounts appropriated to carry out this part may be used, notwithstanding any other provi- sion of law, to strengthen civilian cybersecurity and information and communications tech- nology capacity, including participation of for- eign law enforcement and military personnel in non-military activities, and for contributions to international organizations and international fi- nancial institutions of which the United States is a member, provided that such support is es- sential to enabling civilian and law enforcement of cybersecurity and information and commu- nication technology related activities in their respective countries. (g) Notification requirements Funds made available under this section shall be obligated in accordance with the procedures applicable to reprogramming notifications pur- suant to section 2394–1 of this title. (Pub. L. 87–195, pt. II, § 592, as added Pub. L. 118–31, div. F, title LXIII, § 6307, Dec. 22, 2023, 137 Stat. 990.) § 2349cc–2. Review of emergency assistance ca- pacity (a) In general The Secretary of State, in consultation as ap- propriate with other relevant Federal depart- ments and agencies is authorized to conduct a review that— (1) analyzes the United States Government’s capacity to promptly and effectively deliver emergency support to countries experiencing major cybersecurity and ICT incidents; (2) identifies relevant factors constraining the support referred to in paragraph (1); and (3) develops a strategy to improve coordina- tion among relevant Federal agencies and to resolve such constraints. (b) Report Not later than one year after December 22, 2023, the Secretary of State shall submit to the Committee on Foreign Relations and the Com- mittee on Homeland Security and Governmental Affairs of the Senate and the Committee on For- eign Affairs and the Committee on Oversight and Accountability of the House of Representa- tives a report that contains the results of the re- view conducted pursuant to subsection (a). (Pub. L. 87–195, pt. II, § 593, as added Pub. L. 118–31, div. F, title LXIII, § 6307, Dec. 22, 2023, 137 Stat. 992.) § 2349cc–3. Authorization of appropriations There is authorized to be appropriated $150,000,000 during the 5-year period beginning on October 1, 2023, to carry out the purposes of this part. (Pub. L. 87–195, pt. II, § 594, as added Pub. L. 118–31, div. F, title LXIII, § 6307, Dec. 22, 2023, 137 Stat. 993.) SUBCHAPTER III—GENERAL AND ADMINISTRATIVE PROVISIONS PART I—GENERAL PROVISIONS § 2351. Encouragement of free enterprise and pri- vate participation (a) Policy of United States The Congress of the United States recognizes the vital role of free enterprise in achieving ris- ing levels of production and standards of living essential to economic progress and development. Accordingly, it is declared to be the policy of the United States to encourage the efforts of other countries to increase the flow of inter- national trade, to foster private initiative and competition, to encourage the development and use of cooperatives, credit unions, and savings and loan associations, to discourage monopo- Page 829 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2351 listic practices, to improve the technical effi- ciency of their industry, agriculture, and com- merce, and to strengthen free labor unions; and to encourage the contribution of United States enterprise toward economic strength of less de- veloped friendly countries, through private trade and investment abroad, private participa- tion in programs carried out under this chapter (including the use of private trade channels to the maximum extent practicable in carrying out such programs), and exchange of ideas and tech- nical information on the matters covered by this subsection. (b) Action by President to facilitate participation to maximum extent In order to encourage and facilitate participa- tion by private enterprise to the maximum ex- tent practicable in achieving any of the pur- poses of this chapter, the President shall— (1) make arrangements to find, and draw the attention of private enterprise to, opportuni- ties for investment and development in less- developed friendly countries and areas; (2) establish an effective system for obtain- ing adequate information with respect to the activities of, and opportunities for, nongovern- mental participation in the development proc- ess, and for utilizing such information in the planning, direction, and execution of programs carried out under this chapter, and in the co- ordination of such programs with the ever-in- creasing developmental activities of non- governmental United States institutions; (3) accelerate a program of negotiating trea- ties for commerce and trade, including tax treaties, which shall include provisions to en- courage and facilitate the flow of private in- vestment to, and its equitable treatment in, friendly countries and areas participating in programs under this chapter; (4) seek, consistent with the national inter- est, compliance by other countries or areas with all treaties for commerce and trade and taxes, and take all reasonable measures under this chapter or other authority to secure com- pliance therewith and to assist United States citizens in obtaining just compensation for losses sustained by them or payments exacted from them as a result of measures taken or imposed by any country or area thereof in vio- lation of any such treaty; (5) to the maximum extent practicable carry out programs of assistance through private channels and to the extent practicable in con- junction with local private or governmental participation, including loans under the au- thority of section 2151t of this title to any in- dividual, corporation, or other body of per- sons; (6) take appropriate steps to discourage na- tionalization, expropriation, confiscation, sei- zure of ownership or control, of private invest- ment and discriminatory or other actions hav- ing the effect thereof, undertaken by countries receiving assistance under this chapter, which divert available resources essential to create new wealth, employment, and productivity in those countries and otherwise impair the cli- mate for new private investment essential to the stable economic growth and development of those countries; (7) utilize wherever practicable the services of United States private enterprise (including, but not limited to, the services of experts and consultants in technical fields such as engi- neering); and (8) utilize wherever practicable the services of United States private enterprise on a cost- plus incentive fee contract basis to provide the necessary skills to develop and operate a spe- cific project or program of assistance in a less developed friendly country or area in any case in which direct private investment is not read- ily encouraged, and provide where appropriate for the transfer of equity ownership in such project or program to private investors at the earliest feasible time. (c) International Private Investment Advisory Council on Foreign Aid; establishment; com- position; selection of members by Adminis- trator; duration of service; Chairman; duties of Council; compensation; travel and other expenses; funds for payment of expenses of Council (1) There is hereby established an Inter- national Private Investment Advisory Council on Foreign Aid to be composed of such number of leading American business specialists as may be selected, from time to time, by the Adminis- trator of the Agency for International Develop- ment for the purpose of carrying out the provi- sions of this subsection. The members of the Council shall serve at the pleasure of the Ad- ministrator, who shall designate one member to serve as Chairman. (2) It shall be the duty of the Council, at the request of the Administrator, to make rec- ommendations to the Administrator with re- spect to particular aspects of programs and ac- tivities under this chapter where private enter- prise can play a contributing role and to act as liaison for the Administrator to involve specific private enterprises in such programs and activi- ties. (3) The members of the Advisory Council shall receive no compensation for their services but shall be entitled to reimbursement in accord- ance with section 5703 of title 5 for travel and other expenses incurred by them in the perform- ance of their functions under this subsection. (4) The expenses of the Advisory Council shall be paid by the Administrator from funds other- wise available under this chapter. (d) Engineering and professional services of United States firms It is the sense of Congress that the Agency for International Development should continue to encourage, to the maximum extent consistent with the national interest, the utilization of en- gineering and professional services of United States firms (including, but not limited to, any corporation, company, partnership, or other as- sociation) or by an affiliate of such United States firms in connection with capital projects financed by funds authorized under this chapter. (e) Contracts on basis of competitive selection procedures (1) The Congress finds that significantly great- er effort must be made in carrying out programs under subchapter I of this chapter to award con- Page 830 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2352 tracts on the basis of competitive selection pro- cedures. All such contracts should be let on the basis of competitive selection procedures except in those limited cases in which the procurement regulations governing the agency primarily re- sponsible for administering subchapter I of this chapter allow noncompetitive procedures to be used. (2) Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560. (Pub. L. 87–195, pt. III, § 601, Sept. 4, 1961, 75 Stat. 438; Pub. L. 88–205, pt. III, § 301(a), (b), Dec. 16, 1963, 77 Stat. 385; Pub. L. 88–633, pt. III, § 301(a), (b), Oct. 7, 1964, 78 Stat. 1012; Pub. L. 89–583, pt. III, § 301(a), Sept. 19, 1966, 80 Stat. 803; Pub. L. 90–137, pt. III, § 301(a), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95–424, title I, § 102(g)(2)(B), title V, § 501, Oct. 6, 1978, 92 Stat. 942, 956; Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (d), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. AMENDMENTS 1981—Subsec. (e)(2). Pub. L. 97–113 struck out par. (2) which required reports to Congress on Agency for Inter- national Development contracts over $100,000 entered into without competitive selection. See section 2394(a)(2)(F) of this title. 1978—Subsec. (b)(5). Pub. L. 95–424 substituted ‘‘sec- tion 2151t’’ for ‘‘section 2161’’. Subsec. (e). Pub. L. 95–424 added subsec. (e). 1967—Subsec. (c)(3). Pub. L. 90–137 substituted ref- erence to section 5703 for former section 73b–2 of title 5. 1966—Subsec. (b)(2) to (8). Pub. L. 89–583, § 301(a)(1)–(3), added par. (2), redesignated former pars. (2) to (6) as (3) to (7), respectively, and added par. (8). Subsec. (c). Pub. L. 89–583, § 301(a)(4), substituted pro- visions relating to International Private Investment Advisory Council on Foreign Aid for former provisions relating to Advisory Committee on Private Enterprise in Foreign Aid. 1964—Subsec. (c)(4). Pub. L. 88–633, § 301(a), sub- stituted ‘‘June 30, 1965’’ for ‘‘December 31, 1964’’. Subsec. (d). Pub. L. 88–633, § 301(b), added subsec. (d). 1963—Subsec. (b). Pub. L. 88–205, § 301(a), substituted ‘‘to the maximum extent practicable’’ for ‘‘wherever appropriate’’ in par. (4), and added pars. (5) and (6). Subsec. (c). Pub. L. 88–205, § 301(b), added subsec. (c). Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. 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. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title. TERMINATION OF ADVISORY COUNCIL Advisory council in existence on Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod following Jan. 5, 1973, unless, in the case of a coun- cil established by the President or an officer of the Federal Government, such council is renewed by appro- priate action prior to the expiration of such 2-year pe- riod, or in the case of a council established by the Con- gress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organi- zation and Employees. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2352. Small business (a) Assistance for participation in furnishing of commodities, defense articles, and services Insofar as practicable and to the maximum ex- tent consistent with the accomplishment of the purposes of this chapter, the President shall as- sist American small business to participate eq- uitably in the furnishing of commodities, de- fense articles, and services (including defense services) financed with funds made available under this chapter— (1) by causing to be made available to sup- pliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to pur- chases proposed to be financed with such funds; (2) by causing to be made available to pro- spective purchasers in the countries and areas receiving assistance under this chapter infor- mation as to such commodities, articles, and services produced by small independent enter- prises in the United States; and (3) by providing for additional services to give small business better opportunities to participate in the furnishing of such commod- ities, articles, and services financed with such funds. (b) Office of Small Business There shall be an Office of Small Business, headed by a Special Assistant for Small Busi- ness, in such agency of the United States Gov- ernment as the President may direct, to assist in carrying out the provisions of subsection (a) of this section. (c) Information with respect to certain pur- chases by Department of Defense The Secretary of Defense shall assure that there is made available to suppliers in the United States, and particularly to small inde- pendent enterprises, information with respect to purchases made by the Department of Defense pursuant to subchapter II of this chapter, such information to be furnished as far in advance as possible. (Pub. L. 87–195, pt. III, § 602, Sept. 4, 1961, 75 Stat. 439.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4,