22 U.S.C. § 2656 — Management of foreign affairs

Page 1074 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2655b 1 See Change of Name note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental 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 a note under section 2651a 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. § 2655b. Diplomatic presence overseas (a) Purpose The purpose of this section is to— (1) elevate the stature given United States diplomatic initiatives relating to non- proliferation and political-military issues; and (2) develop a group of highly specialized, technical experts with country expertise capa- ble of administering the nonproliferation and political-military affairs functions of the De- partment. (b) Authority To carry out the purposes of subsection (a), the Secretary is authorized to establish the po- sition of Counselor for Nonproliferation and Po- litical Military Affairs in United States diplo- matic missions overseas, to be filled by individ- uals who are career Civil Service officers or For- eign Service officers committed to follow-on as- signments in the Nonproliferation Bureau or the Political Military Affairs Bureau of the Depart- ment. (c) Training After being selected to serve as Counselor, any person so selected shall spend not less than 10 months in language training courses at the For- eign Service Institute,1 or in technical courses administered by the Department of Defense, the Department of Energy, or other appropriate de- partments and agencies of the United States, ex- cept that such requirement for training may be waived by the Secretary. (Pub. L. 107–228, div. B, title XVI, § 1604, Sept. 30, 2002, 116 Stat. 1460.) Statutory Notes and Related Subsidiaries CHANGE OF NAME References to Foreign Service Institute considered to refer to George P. Shultz National Foreign Affairs Training Center, see section 1(b) of Pub. L. 107–132, set out as a note under section 4021 of this title. DEFINITIONS For definitions of ‘‘Department’’ and ‘‘Secretary’’ as used in this section, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title. § 2656. Management of foreign affairs The Secretary of State shall perform such du- ties as shall from time to time be enjoined on or intrusted to him by the President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the Department, and he shall conduct the busi- ness of the Department in such manner as the President shall direct. (R.S. § 202.) Editorial Notes CODIFICATION R.S. § 202 derived from acts July 27, 1789, ch. 4, § 1, 1 Stat. 28; Sept. 15, 1789, ch. 14, § 1, 1 Stat. 68. Section was formerly classified to section 156 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 CONSTRUCTION Pub. L. 115–409, § 412, Dec. 31, 2018, 132 Stat. 5411, pro- vided that: ‘‘Nothing in this Act [see Short Title of 2018 Amendment note set out under section 2651 of this title] may be construed as authorizing the use of mili- tary force.’’ EXPEDITED OPENING OF DIPLOMATIC MISSIONS Pub. L. 118–159, div. G, title LXXII, § 7210, Dec. 23, 2024, 138 Stat. 2533, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) Increasing the United States’ global diplomatic footprint is imperative to advance United States’ na- tional security interests, particularly in the face of a massive diplomatic expansion of our strategic com- petitors. ‘‘(2) Opening or re-opening diplomatic missions, often in small island nations where there is no United States Government presence, but one is needed to ad- vance United States strategic objectives. ‘‘(3) Diplomatic missions should be resourced and equipped for success upon opening to allow diplomats to focus on advancing United States national inter- ests in-country. ‘‘(4) The United States can and should move more swiftly to open new diplomatic missions and provide United States diplomats and locally employed staff with a workplace that meets locally appropriate quality, safety, and security standards. ‘‘(5) To do this, the Department [of State] must streamline and support the process of opening new posts to identify efficiencies and remove obstacles that are unduly complicating the opening of new dip- lomatic missions, particularly in small island states and similarly situated locations. ‘‘(b) REPORT TO CONGRESS.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary [of State] shall submit to the appropriate congressional committees [Committee on Foreign Re- lations of the Senate and Committee on Foreign Af- fairs of the House of Representatives] and the Com- mittee on Appropriations of the Senate and the Com- mittee on Appropriations of the House of Representa- tives a report on how the Department is creating a Page 1075 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 new framework to provide such diplomatic missions the needed resources and authorities to quickly and efficiently stand up and operate from the moment United States personnel arrive, or even before the opening of a new mission, particularly in small island nations. ‘‘(2) ELEMENTS.—The report required under para- graph (1) shall include— ‘‘(A) a list of authorities and processes related to the opening of new diplomatic missions; ‘‘(B) a list of authorities and processes related to the opening of new diplomatic missions that the Department can waive to expediently stand up new diplomatic missions; ‘‘(C) essential functions that each new diplomatic mission should be able to carry out independently upon opening; ‘‘(D) a description of functions that another post or support center will need to carry out to support the new mission; ‘‘(E) a list of essential equipment and access to facilities, including to support secure communica- tions, that should be provided to each new diplo- matic mission, the approval of which should be han- dled prior to or shortly after the opening of the new diplomatic mission, including arrangements for basic office equipment, vehicles, and housing; ‘‘(F) the number of recommended locally engaged staff and United States direct hires resident in- country; ‘‘(G) the number of non-resident support staff who are assigned to the new diplomatic mission, such as from another post or regional support center; ‘‘(H) a description of how medical and consular support services could be provided; ‘‘(I) procedures for requesting an expansion or renovation of the post’s functions or physical plat- form after opening, should that be needed; ‘‘(J) any other authorities or processes that may be required to successfully and quickly stand up a new diplomatic mission, including any new authori- ties the Department may need; ‘‘(K) a list of incentives, in addition to pay dif- ferentials, being considered for such posts; ‘‘(L) a description of any specialized training, in- cluding for management and security personnel supporting the establishment of such new embas- sies that may be required; and ‘‘(M) a list of what steps the Department is tak- ing to expedite embassy construction in Dublin, Ireland, consulate build-out in Nuuk, Greenland, and embassy renovations in Buenos Aires, Argen- tina, and projected new posts in the Caribbean and Pacific Islands. ‘‘(c) SENIOR OFFICIAL TO LEAD NEW EMBASSY EXPAN- SION.— ‘‘(1) DESIGNATION.—The Secretary shall designate an assistant secretary-level senior official to expedite and make recommendations for the reform of proce- dures for opening new diplomatic missions abroad, particularly in small island states. ‘‘(2) RESPONSIBILITIES.—The senior official des- ignated pursuant to paragraph (1) shall be responsible for proposing policy and procedural changes to the Secretary to— ‘‘(A) expediting the resourcing of new diplomatic missions by waiving or reducing when possible mandatory processes required to open new diplo- matic missions, taking into account the threat en- vironment and circumstances in the host country; ‘‘(B) when necessary, quickly adjudicating within the Department any decision points that arise dur- ing the planning and execution phases of the estab- lishment of a new mission; ‘‘(C) ensuring new missions receive the manage- ment and operational support needed, including by designating such support be undertaken by another post, regional support center, or Department enti- ties based in the United States; and ‘‘(D) ensuring that the authorities provided in the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 [113 Stat. 1501A–451; see Short Title of 1999 Amendment note set out under section 4801 of this title]), as amended by the Secure Embassy Construction and Counterterrorism Act of 2022 (section 9301 of Public Law 117–263; 136 Stat. 3879), are fully utilized in the planning for all new diplomatic missions. ‘‘(d) NEW DIPLOMATIC MISSION DEFINED.—In this sec- tion, the term ‘new diplomatic mission’ means any bi- lateral diplomatic mission opened since January 1, 2020, in a country where there had not been a bilateral diplo- matic mission since the date that is 20 years before the date of the enactment of this Act. ‘‘(e) SUNSET.—The authorities and requirements of this section shall terminate 5 years after the date of the enactment of this Act.’’ UNITED STATES-AFRICA LEADERS SUMMIT AND RELATED MATTERS Pub. L. 118–159, div. G, title LXXVIII, § 7803, Dec. 23, 2024, 138 Stat. 2558, provided that: ‘‘(a) UNITED STATES-AFRICA LEADERS SUMMIT.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], and biennially thereafter, the President shall convene a United States-Africa Leaders Summit to strengthen ties and promote cooperation with African leaders, as well as civil society, business, diaspora, women, and youth leaders. ‘‘(2) PARTICIPATION.—Each summit convened pursu- ant to this subsection shall have participation, in- cluding in meetings with United States officials, from— ‘‘(A) leaders of civilian-led governments of Afri- can countries in good standing with the African Union, provided that such leaders— ‘‘(i) are not sanctioned by the United States; and ‘‘(ii) have not been found, by credible inter- national observers or other international bodies, to have undermined democratic elections; ‘‘(B) heads of transitional governments that are implementing a roadmap to hold credible elections and who are unaffiliated with actions that were re- lated to an unconstitutional change of administra- tion; and ‘‘(C) civil society from each of the African coun- tries represented at the Summit. ‘‘(3) NON-PAYMENT OF AU MEMBERSHIP FEES NOT BASIS FOR DISQUALIFICATION.—For the purposes of this subsection, non-payment of membership fees to the African Union shall not disqualify a country’s leader. ‘‘(b) UNITED STATES-AFRICA CITY SUMMIT (‘MINI SUM- MIT’).—The Secretary [of State] should, not later than one year after each summit hosted under subsection (a) host a United States-Africa City Summit (‘Mini Sum- mit’) across cities in Africa or the United States to pro- mote subregional cooperation and serve as a catalyst in fostering engagement with representatives of govern- ment, civil society, business, academia, youth, culture and the arts, the African diaspora community, and underrepresented groups. ‘‘(c) UNITED STATES-AFRICA LEADERS SUMMIT IMPLE- MENTATION UNIT.— ‘‘(1) IN GENERAL.—The Secretary shall establish within the Bureau for African Affairs of the Depart- ment of State a United States-Africa Leaders Sum- mit implementation unit responsible for coordi- nating, planning and implementing summits, which should include robust interagency consultation and may include, on a temporary basis, personnel sec- onded from USAID [United States Agency for Inter- national Development] and other Federal agencies as appropriate, and which shall be led by an individual who has previously been appointed by the President and confirmed by the Senate. ‘‘(2) DUTIES.—The duties of the implementation unit authorized by this subsection shall include— ‘‘(A) using lessons learned from the 2022 African Leaders Summit and subsequent summits to inform planning of future summits; Page 1076 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 ‘‘(B) leading interagency efforts to provide guid- ance to United States embassies in African coun- tries related to planning each summit and engage- ment with governments and civil society in ad- vance of each summit; ‘‘(C) tracking and ensuring implementation of commitments made during United States-Africa Leaders Summits; ‘‘(D) liaising with interagency partners and the National Security Council regarding implementa- tion of summit commitments; ‘‘(E) facilitating meetings and engagement with African Diaspora communities and stakeholders; and ‘‘(F) reporting quarterly on a public website of the Department [of State] regarding progress to ac- complish summit commitments and status of com- mitments across Federal departments and agencies. ‘‘(3) REQUIREMENT FOR CONSULTATION.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the implementa- tion unit shall consult with the appropriate congres- sional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] on summit planning and the fulfillment of commitments and any relevant follow on issues in the wake of each summit. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated $28,000,000 in fiscal year 2025 and $14,000,000 for each of fiscal years 2026 through 2029. Such sums shall remain available for three fiscal years.’’ SUMMIT OF THE AMERICAS Pub. L. 118–159, div. G, title LXXVIII, § 7804, Dec. 23, 2024, 138 Stat. 2559, provided that: ‘‘(a) STATEMENT OF POLICY.—It shall be the policy of the United States to work with the Summit of the Americas Secretariat to support the organization of a Summit of the Americas every 4 years, or more fre- quently as appropriate, subject to the availability of funds, to strengthen ties and promote cooperation be- tween the United States and countries in the Western Hemisphere, as well as civil society, business, diaspora, women, and youth leaders. ‘‘(b) AUTHORIZATION.—The Secretary [of State] is au- thorized to carry out the policy described in subsection (a). ‘‘(c) CITIES SUMMIT OF THE AMERICAS.— ‘‘(1) FINDINGS.—Congress makes the following find- ings: ‘‘(A) Subnational diplomacy strengthens demo- cratic governance by enhancing the ability of local leader to tackle shared challenges and deepens United States ties with regional partners by local- izing bilateral and multilateral partnerships and connections. ‘‘(B) The first-ever Cities Summit of the Amer- icas in 2023 promoted a valuable exchange of best practices and lessons learned between city, State, municipal, and regional leaders and should be held as part of the Summit of the Americas process. ‘‘(2) IN GENERAL.—The Secretary is authorized to work with the Summit of the Americas Secretariat to support the organization of Cities Summit of the Americas, across cities in the Western Hemisphere, including the United States, to take place as a part of each Summit of the Americas described in sub- section (a), to promote subnational cooperation and serve as a catalyst in fostering engagement with rep- resentatives of government, civil society, faith-based organizations, business, academia, youth, culture and the arts, Latin American and Caribbean diaspora communities, and underrepresented groups. ‘‘(d) IMPLEMENTATION.—The Secretary is authorized to designate an existing official to serve within the De- partment [of State] as senior-level coordinator to co- ordinate, in conjunction with other relevant agencies, matters related to the implementation of Summit of [the] Americas commitments, including— ‘‘(1) tracking and ensuring implementation of com- mitments made during Summits of the Americas; and ‘‘(2) liaising with interagency partners and the Na- tional Security Council regarding implementation of summit commitments. ‘‘(e) REPORT.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], and annu- ally thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees [Com- mittee on Foreign Relations of the Senate and Com- mittee on Foreign Affairs of the House of Representa- tives] a report on the implementation of this section, including the status of commitments of the United States and participating partners for the prior year and upcoming year.’’ GLOBAL COOPERATIVE FRAMEWORK TO END HUMAN RIGHTS ABUSES IN SOURCING CRITICAL MINERALS Pub. L. 118–31, div. E, title LIV, § 5411, Dec. 22, 2023, 137 Stat. 948, provided that: ‘‘(a) IN GENERAL.—The Secretary of State shall seek to convene a meeting of foreign leaders to establish a multilateral framework to end human rights abuses, including the exploitation of forced labor and child labor, related to the mining and sourcing of critical minerals. ‘‘(b) IMPLEMENTATION REPORT.—The Secretary shall lead the development of an annual global report on the implementation of the framework under subsection (a), including progress and recommendations to fully end human rights abuses, including the exploitation of forced labor and child labor, related to the extraction of critical minerals around the world. ‘‘(c) CONSULTATIONS.—The Secretary shall consult closely on a timely basis with the following with re- spect to developing and implementing the framework under subsection (a): ‘‘(1) The Forced Labor Enforcement Task Force es- tablished under section 741 of the United States-Mex- ico-Canada Agreement Implementation Act (19 U.S.C. 4681); and ‘‘(2) Congress. ‘‘(d) RELATIONSHIP TO UNITED STATES LAW.—Nothing in the framework under subsection (a) shall be con- strued— ‘‘(1) to amend or modify any law of the United States; or ‘‘(2) to limit any authority conferred under any law of the United States. ‘‘(e) EXTRACTIVE INDUSTRIES TRANSPARENCY INITIA- TIVE AND CERTAIN PROVISIONS OF THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT.— Nothing in this section shall— ‘‘(1) affect the authority of the President to take any action to join and subsequently comply with the terms and obligations of the Extractive Industries Transparency Initiative (EITI); or ‘‘(2) affect section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act [Pub. L. 111–203] (15 U.S.C. 78m note), or subsection (q) of sec- tion 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as added by section 1504 of the Dodd- Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203; 124 Stat. 2220), or any rule prescribed under either such section. ‘‘(f) CRITICAL MINERAL DEFINED.—In this section, the term ‘critical mineral’ has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).’’ US-ASEAN CENTER Pub. L. 118–31, div. F, title LXVII, § 6705, Dec. 22, 2023, 137 Stat. 1017, provided that: ‘‘(a) DEFINED TERM.—In this section, the term ‘ASEAN’ means the Association of Southeast Asian Na- tions. ‘‘(b) ESTABLISHMENT.—The Secretary [of State] is au- thorized to enter into a public-private partnership for the purposes of establishing a US-ASEAN Center in the Page 1077 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 United States to support United States economic and cultural engagement with Southeast Asia. ‘‘(c) FUNCTIONS.—Notwithstanding any other provi- sion of law, the US-ASEAN Center established pursuant to subsection (b) may— ‘‘(1) provide grants for research to support and ele- vate the importance of the US-ASEAN partnership; ‘‘(2) facilitate activities to strengthen US-ASEAN trade and investment; ‘‘(3) expand economic and technological relation- ships between ASEAN countries and the United States into new areas of cooperation; ‘‘(4) provide training to United States citizens and citizens of ASEAN countries that improve people-to- people ties; ‘‘(5) develop educational programs to increase awareness for the United States and ASEAN coun- tries on the importance of relations between the United States and ASEAN countries; and ‘‘(6) carry out other activities the Secretary con- siders necessary to strengthen ties between the United States and ASEAN countries and achieve the objectives of the US-ASEAN Center. ‘‘(d) PARAMETERS.—In carrying out this section, the Secretary shall ensure that the activities of the US- ASEAN Center do not duplicate current lines of effort being conducted by the United States Government or its grantees.’’ ESTABLISHMENT OF UNITED STATES EMBASSIES IN SOL- OMON ISLANDS, KIRIBATI, AND TONGA AND A DIPLO- MATIC PRESENCE IN VANUATU Pub. L. 117–263, div. I, title XCIII, § 9303, Dec. 23, 2022, 136 Stat. 3890, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) The Pacific Islands are vital to United States national security and national interests in the Indo- Pacific region and globally. ‘‘(2) The Pacific Islands region spans 15 percent of the world’s surface area and controls access to open waters in the Central Pacific, sea lanes to the West- ern Hemisphere, supply lines to United States for- ward-deployed forces in East Asia, and economically important fisheries. ‘‘(3) The Pacific Islands region is home to the State of Hawaii, 11 United States territories, United States Naval Base Guam, and United States Andersen Air Force Base. ‘‘(4) Pacific Island countries cooperate with the United States and United States partners on mari- time security and efforts to stop illegal, unreported, and destructive fishing. ‘‘(5) The Pacific Islands are rich in biodiversity and are on the frontlines of environmental challenges and climate issues. ‘‘(6) The People’s Republic of China seeks to in- crease its influence in the Pacific Islands region, in- cluding through infrastructure development under the People’s Republic of China’s One Belt, One Road Initiative and its new security agreement with the Solomon Islands. ‘‘(7) The United States closed its embassy in the Solomon Islands in 1993. ‘‘(8) The United States Embassy in Papua New Guinea manages the diplomatic affairs of the United States to the Republic of Vanuatu and the Solomon Islands, and the United States Embassy in Fiji man- ages the diplomatic affairs of the United States to the Republic of Kiribati and the Kingdom of Tonga. ‘‘(9) The United States requires a physical and more robust diplomatic presence in the Republic of Vanuatu, the Republic of Kiribati, the Solomon Is- lands, and the Kingdom of Tonga, to ensure the phys- ical and operational security of our efforts in those countries to deepen relations, protect United States national security, and pursue United States national interests. ‘‘(10) Increasing the number of United States em- bassies dedicated solely to a Pacific Island country demonstrates the United States’ ongoing commit- ment to the region and to the Pacific Island coun- tries. ‘‘(b) ESTABLISHMENT OF EMBASSIES.— ‘‘(1) IN GENERAL.—As soon as possible, the Secretary [of State] should— ‘‘(A) establish physical United States embassies in the Republic of Kiribati and in the Kingdom of Tonga; ‘‘(B) upgrade the United States consular agency in the Solomon Islands to an embassy; and ‘‘(C) establish a physical United States Govern- ment presence in the Republic of Vanuatu. ‘‘(2) OTHER STRATEGIES.— ‘‘(A) PHYSICAL INFRASTRUCTURE.—In establishing embassies pursuant to paragraph (1) and creating the physical infrastructure to ensure the physical and operational safety of embassy personnel, the Secretary may pursue rent or purchase existing buildings or co-locate personnel in embassies of like-minded partners, such as Australia and New Zealand. ‘‘(B) PERSONNEL.—In establishing a physical pres- ence in the Republic of Vanuatu pursuant to para- graph (1), the Secretary may assign 1 or more United States Government personnel to the Repub- lic of Vanuatu as part of the United States mission in Papua New Guinea. ‘‘(3) WAIVER AUTHORITY.—The President may waive the requirements under paragraph (1) for a period of one year if the President determines and reports to Congress in advance that such waiver is necessary to protect the national security interests of the United States. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized to be appropriated to the Depart- ment of State for Embassy Security, Construction, and Maintenance— ‘‘(1) $40,200,000 is authorized to be appropriated for fiscal year 2023— ‘‘(A) to establish and maintain the 3 embassies authorized to be established under subsection (b); and ‘‘(B) to establish a physical United States Gov- ernment presence in the Republic of Vanuatu; ‘‘(2) $3,000,000 is authorized to be appropriated for fiscal year 2024— ‘‘(A) to maintain such embassies; and ‘‘(B) to establish a physical United States Gov- ernment presence in the Republic of Vanuatu;[.] ‘‘(d) REPORT.— ‘‘(1) DEFINED TERM.—In this subsection, the term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Foreign Relations of the Senate; ‘‘(B) the Committee on Appropriations of the Sen- ate; ‘‘(C) the Committee on Foreign Affairs of the House of Representatives; and ‘‘(D) the Committee on Appropriations of the House of Representatives. ‘‘(2) PROGRESS REPORT.—Not later than 180 days fol- lowing the date of the enactment of this Act [Dec. 23, 2022], the Secretary shall submit to the appropriate committees of Congress a report that includes— ‘‘(A) a description of the status of activities car- ried out to achieve the objectives described in this section; ‘‘(B) an estimate of when embassies and a phys- ical presence will be fully established pursuant to subsection (b)(1); and ‘‘(C) an update on events in the Pacific Islands re- gion relevant to the establishment of United States embassies, including activities by the People’s Re- public of China. ‘‘(3) REPORT ON FINAL DISPOSITION.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— ‘‘(A) confirms the establishment of the 3 embas- sies and the physical presence required under sub- section (b)(1); or Page 1078 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 ‘‘(B) if the embassies and physical presence re- quired in subsection (b)(1) have not been estab- lished, a justification for such failure to comply with such requirement.’’ MITIGATION AND PREVENTION OF ATROCITIES IN HIGH- RISK COUNTRIES Pub. L. 116–283, div. A, title XII, § 1210D, Jan. 1, 2021, 134 Stat. 3916, provided that: ‘‘(a) STATEMENT OF POLICY.—It is the policy of the United States that the Department of State, in coordi- nation with the Department of Defense and the United States Agency for International Development, should address global fragility, as required by the Global Fra- gility Act of 2019 [22 U.S.C. 9801 et seq.] and, to the ex- tent practicable, incorporate efforts to identify, pre- vent, and respond to the causes of atrocities, as re- quired by section 3 of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 [Pub. L. 115–441] (22 U.S.C. 2656 note), into security assistance and coopera- tion planning and implementation for covered foreign countries. ‘‘(b) IN GENERAL.—The Secretary of State, in con- sultation with chiefs of mission and the Administrator of the United States Agency for International Develop- ment, shall ensure that the Department of State’s Atrocity Assessment Framework is factored into the Integrated Country Strategy and the Country Develop- ment Cooperation Strategy where appropriate for cov- ered foreign countries. ‘‘(c) REPORT.— ‘‘(1) IN GENERAL.—[Amended section 5 of Pub. L. 115–441, 132 Stat. 5587.] ‘‘(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect and apply beginning with the first report required under section 5 of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 that is required after the date of the enact- ment of this Act [Jan. 1, 2021]. ‘‘(d) STAKEHOLDER CONSULTATION.—Consistent with section 504(b) of the Global Fragility Act of 2019 (22 U.S.C. 9803(b)), the Secretary of State and other rel- evant agencies should consult with credible representa- tives of civil society with experience in atrocities pre- vention and national and local governance entities, as well as relevant international development organiza- tions with experience implementing programs in fragile and violence-affected communities, multilateral orga- nizations and donors, and relevant private, academic, and philanthropic entities, as appropriate, in identi- fying covered foreign countries as defined in this sec- tion. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Rep- resentatives; and ‘‘(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. ‘‘(2) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ means a foreign country that is not listed as a priority country under section 505 of the Global Fragility Act of 2019 (22 U.S.C. 9804) but re- mains among the top 30 most at risk countries for new onset of mass killing, according to the Depart- ment of State’s internal assessments, and in con- sultation with the appropriate congressional commit- tees.’’ TERMINATION OF NATIONAL INTELLIGENCE AUTHORITY AND CENTRAL INTELLIGENCE GROUP National Intelligence Authority and Central Intel- ligence Group, established by Presidential Directive, Feb. 1, 1946, 11 F.R. 1337, to coordinate Federal foreign intelligence activities, ceased to exist upon creation of Central Intelligence Agency; personnel, property and records of the group were transferred to the Agency; and unexpended funds of the group were made available to the Agency, by act July 26, 1947, ch. 343, title I, § 102, 61 Stat. 497, formerly set out as section 403 of Title 50, War and National Defense. See Prior Provisions note under section 3023 of Title 50. GENOCIDE AND ATROCITIES PREVENTION Pub. L. 115–441, §§ 3, 6, 7, Jan. 14, 2019, 132 Stat. 5586, 5588, 5589, provided that: ‘‘SEC. 3. STATEMENT OF POLICY. ‘‘It shall be the policy of the United States to— ‘‘(1) regard the prevention of atrocities as in its na- tional interest; ‘‘(2) work with partners and allies, including to build their capacity, and enhance the capacity of the United States, to identify, prevent, and respond to the causes of atrocities, including insecurity, mass displacement, violent conflict, and other conditions that may lead to such atrocities; and ‘‘(3) pursue a United States Government-wide strat- egy to identify, prevent, and respond to the risk of atrocities by— ‘‘(A) strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the Government; ‘‘(B) improving the use of foreign assistance to re- spond early, effectively, and urgently in order to address the causes of atrocities; ‘‘(C) strengthening diplomatic response and the effective use of foreign assistance to support appro- priate transitional justice measures, including criminal accountability, for past atrocities; ‘‘(D) supporting and strengthening local civil so- ciety, including human rights defenders and others working to help prevent and respond to atrocities; ‘‘(E) promoting financial transparency and en- hancing anti-corruption initiatives as part of ad- dressing causes of conditions that may lead to atrocities; and ‘‘(F) employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to atrocities by— ‘‘(i) placing a high priority on timely, preven- tive diplomatic efforts; and ‘‘(ii) exercising leadership in promoting inter- national efforts to prevent atrocities. ‘‘SEC. 6. DEFINITIONS. ‘‘In this Act [see Short Title of 2019 Amendment note set out under section 2651 of this title]— ‘‘(1) the term ‘genocide’ means an offense under subsection (a) of section 1091 of title 18, United States Code; ‘‘(2) the term ‘atrocities’ means war crimes, crimes against humanity, and genocide; ‘‘(3) the term ‘transitional justice’ means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive re- gimes to redress legacies of atrocities and to promote long-term, sustainable peace; and ‘‘(4) the term ‘war crime’ has the meaning given the term in section 2441(c) of title 18, United States Code. ‘‘SEC. 7. RULE OF CONSTRUCTION. ‘‘Nothing in this Act shall be construed as author- izing the use of military force.’’ UNITED STATES POLICY AND DIPLOMATIC STRATEGY IN THE INDO-PACIFIC REGION Pub. L. 115–409, title I, Dec. 31, 2018, 132 Stat. 5389, provided that: ‘‘SEC. 101. POLICY. ‘‘It is the policy of the United States to develop and commit to a long-term strategic vision and a com- prehensive, multifaceted, and principled United States policy for the Indo-Pacific region that— ‘‘(1) secures the vital national security interests of the United States and our allies and partners; ‘‘(2) promotes American prosperity and economic interests by advancing economic growth and develop- Page 1079 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 ment of a rules-based Indo-Pacific economic commu- nity; ‘‘(3) advances American influence by reflecting the values of the American people and universal human rights; ‘‘(4) supports functional problem-solving regional architecture; and ‘‘(5) accords with and supports the rule of law and international norms. ‘‘SEC. 102. DIPLOMATIC STRATEGY. ‘‘It is the diplomatic strategy of the United States— ‘‘(1) to work with United States allies— ‘‘(A) to confront common challenges; ‘‘(B) to improve information sharing; ‘‘(C) to increase defense investment and trade; ‘‘(D) to ensure interoperability; and ‘‘(E) to strengthen shared capabilities; ‘‘(2) to strengthen relationships with partners who— ‘‘(A) share mutual respect for the rule of law; ‘‘(B) agree with fair and reciprocal trade; and ‘‘(C) understand the importance of civil society, the rule of law, the free and reliable flow of infor- mation, and transparent governance; ‘‘(3) to support functional problem-solving regional architecture, including through the Association of Southeast Asian Nations, Asia-Pacific Economic Co- operation, and the East Asia Summit; ‘‘(4) to emphasize the commitment of the United States— ‘‘(A) to freedom of navigation under international law; ‘‘(B) to promote peaceful resolutions of maritime and territorial disputes; and ‘‘(C) to expand security and defense cooperation with allies and partners, as appropriate; ‘‘(5) to pursue diplomatic measures to achieve com- plete, verifiable, and irreversible denuclearization of North Korea; ‘‘(6) to improve civil society, strengthen the rule of law, and advocate for transparent governance; ‘‘(7) to develop and grow the economy through pri- vate sector partnerships between the United States and Indo-Pacific partners; ‘‘(8) to pursue multilateral and bilateral trade agreements in a free, fair, and reciprocal manner and build a network of partners in the Indo-Pacific com- mitted to free markets; ‘‘(9) to work with and encourage Indo-Pacific coun- tries— ‘‘(A) to pursue high-quality and transparent in- frastructure projects; ‘‘(B) to maintain unimpeded commerce, open sea lines or air ways, and communication; and ‘‘(C) to seek the peaceful resolution of disputes; and ‘‘(10) to sustain a strong military presence in the Indo-Pacific region and strengthen security relation- ships with allies and partners throughout the re- gion.’’ [Nothing in title I of Pub. L. 115–409, set out above, to be construed as authorizing the use of military force, see section 412 of Pub. L. 115–409, set out as a note above.] IRAQ AND SYRIA GENOCIDE RELIEF AND ACCOUNTABILITY Pub. L. 115–300, Dec. 11, 2018, 132 Stat. 4390, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Iraq and Syria Geno- cide Relief and Accountability Act of 2018’. ‘‘SEC. 2. FINDINGS. ‘‘Congress finds the following: ‘‘(1) The Secretary of State of State [sic] declared on March 17, 2016, and on August 15, 2017, that Daesh (also known as the Islamic State of Iraq and Syria or ISIS) is responsible for genocide, crimes against hu- manity, and other atrocity crimes against religious and ethnic minority groups in Iraq and Syria, includ- ing Christians, Yezidis, and Shia, among other reli- gious and ethnic groups. ‘‘(2) According to the Department of State’s annual reports on international religious freedom— ‘‘(A) the number of Christians living in Iraq has dropped from an estimated 800,000 to 1,400,000 in 2002 to fewer than 250,000 in 2017; and ‘‘(B) the number of Yezidis living in Iraq has fluc- tuated from 500,000 in 2013, to between 350,000 and 400,000 in 2016, and between 600,000 and 750,000 in 2017. ‘‘(3) The annual reports on international religious freedom further suggest that— ‘‘(A) Christian communities living in Syria, which had accounted for between 8 and 10 percent of Syria’s total population in 2010, are now ‘consider- ably’ smaller as a result of the civil war, and ‘‘(B) there was a population of approximately 80,000 Yezidis before the commencement of the con- flict in Syria. ‘‘(4) Local communities and entities have sought to mitigate the impact of violence directed against reli- gious and ethnic minorities in Iraq and Syria, includ- ing the Chaldean Catholic Archdiocese of Erbil (Kurdistan Region of Iraq), which has used predomi- nantly private funds to provide assistance to inter- nally displaced Christians, Yezidis, and Muslims throughout the greater Erbil region, while significant needs and diminishing resources have made it in- creasingly difficult to continue these efforts. ‘‘SEC. 3. DEFINITIONS. ‘‘In this Act: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Relations of the Senate; ‘‘(B) the Committee on the Judiciary of the Sen- ate; ‘‘(C) the Committee on Homeland Security and Governmental Affairs of the Senate; ‘‘(D) the Committee on Appropriations of the Sen- ate; ‘‘(E) the Select Committee on Intelligence of the Senate; ‘‘(F) the Committee on Foreign Affairs of the House of Representatives; ‘‘(G) the Committee on the Judiciary of the House of Representatives; ‘‘(H) the Committee on Homeland Security of the House of Representatives; ‘‘(I) the Committee on Appropriations of the House of Representatives; and ‘‘(J) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) FOREIGN TERRORIST ORGANIZATION.—The term ‘foreign terrorist organization’ mean an organization designated by the Secretary of State as a foreign ter- rorist organization pursuant to section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ‘‘(3) HUMANITARIAN, STABILIZATION, AND RECOVERY NEEDS.—The term ‘humanitarian, stabilization, and recovery needs’, with respect to an individual, in- cludes water, sanitation, hygiene, food security and nutrition, shelter and housing, reconstruction, med- ical, education, psychosocial needs, and other assist- ance to address basic human needs, including sta- bilization assistance (as defined by the Stabilization Assistance Review in ‘A Framework for Maximizing the Effectiveness of U.S. Government Efforts to Sta- bilize Conflict-Affected Areas, 2018[’]). ‘‘(4) HYBRID COURT.—The term ‘hybrid court’ means a court with a combination of domestic and inter- national lawyers, judges, and personnel. ‘‘(5) INTERNATIONALIZED DOMESTIC COURT.—The term ‘internationalized domestic court’ means a domestic court with the support of international advisers. ‘‘SEC. 4. STATEMENT OF POLICY. ‘‘It is the policy of the United States to ensure that assistance for humanitarian, stabilization, and recov- Page 1080 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 ery needs of individuals who are or were nationals and residents of Iraq or Syria, and of communities in and from those countries, is directed toward those individ- uals and communities with the greatest need, including those individuals from communities of religious and ethnic minorities, and communities of religious and ethnic minorities, that the Secretary of State declared were targeted for genocide, crimes against humanity, or war crimes, and have been identified as being at risk of persecution, forced migration, genocide, crimes against humanity, or war crimes. ‘‘SEC. 5. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ FOR GENOCIDE, CRIMES AGAINST HU- MANITY, AND WAR CRIMES. ‘‘(a) ASSISTANCE.—The Secretary of State and the Ad- ministrator of the United States Agency for Inter- national Development are authorized to provide assist- ance, including financial and technical assistance, as necessary and appropriate, to support the efforts of en- tities, including nongovernmental organizations with expertise in international criminal investigations and law, to address genocide, crimes against humanity, or war crimes, and their constituent crimes by ISIS in Iraq by— ‘‘(1) conducting criminal investigations; ‘‘(2) developing indigenous investigative and judi- cial skills, including by partnering, directly men- toring, and providing necessary equipment and infra- structure to effectively adjudicating cases consistent with due process and respect for the rule of law; and ‘‘(3) collecting and preserving evidence and the chain of evidence, including for use in prosecutions in domestic courts, hybrid courts, and internationalized domestic courts, consistent with the activities de- scribed in subsection (b). ‘‘(b) ACTIONS BY FOREIGN GOVERNMENTS.—The Sec- retary of State, in consultation with the Attorney Gen- eral, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Fed- eral Bureau of Investigation, shall encourage govern- ments of foreign countries— ‘‘(1) to include information in appropriate security databases and security screening procedures of such countries to identify suspected ISIS members for whom credible evidence exists of having committed genocide, crimes against humanity, or war crimes, and their constituent crimes, in Iraq; and ‘‘(2) to apprehend and prosecute such ISIS members for genocide, crimes against humanity, or war crimes, as appropriate. ‘‘(c) CONSULTATION.—In carrying out subsection (a), the Secretary of State shall consult with and consider credible information from entities described in such subsection. ‘‘SEC. 6. IDENTIFICATION OF AND ASSISTANCE TO ADDRESS HUMANITARIAN, STABILIZATION, AND RECOVERY NEEDS OF CERTAIN PERSONS IN IRAQ AND SYRIA. ‘‘(a) IDENTIFICATION.—The Secretary of State, in con- sultation with the Secretary of Defense, the Adminis- trator of the United States Agency for International Development, and Director of National Intelligence, shall seek to identify— ‘‘(1) threats of persecution and other early-warning indicators of genocide, crimes against humanity, and war crimes against individuals who are or were na- tionals and residents of Iraq or Syria, are members of religious or ethnic minority groups in such countries, and against whom the Secretary of State has deter- mined ISIS has committed genocide, crimes against humanity, or war crimes; ‘‘(2) the religious and ethnic minority groups in Iraq or Syria identified pursuant to paragraph (1) that are at risk of forced migration, within or across the borders of Iraq, Syria, or a country of first asy- lum, and the primary reasons for such risk; ‘‘(3)(A) the humanitarian, stabilization, and recov- ery needs of individuals described in paragraphs (1) and (2), including the assistance provided by the United States and by the United Nations, respec- tively— ‘‘(i) to address the humanitarian, stabilization, and recovery needs of such individuals; and ‘‘(ii) to mitigate the risks of forced migration of such individuals; and ‘‘(B) assistance provided through the Funding Fa- cility for Immediate Stabilization and Funding Facil- ity for Expanded Stabilization; and ‘‘(4) to the extent practicable and appropriate— ‘‘(A) the entities, including faith-based entities, that are providing assistance to address the human- itarian, stabilization, and recovery needs of individ- uals described in paragraphs (1) and (2); and ‘‘(B) the extent to which the United States is pro- viding assistance to or through the entities referred to in subparagraph (A). ‘‘(b) ADDITIONAL CONSULTATION.—In carrying out sub- section (a), the Secretary of State shall consult with, and consider credible information from— ‘‘(1) individuals described in paragraphs (1) and (2) of such subsection; and ‘‘(2) the entities described in paragraph (4)(A) of such subsection. ‘‘(c) ASSISTANCE.—The Secretary of State and the Ad- ministrator of the United States Agency for Inter- national Development are authorized to provide assist- ance, including financial and technical assistance as necessary and appropriate, to support the entities de- scribed in subsection (a)(4)(A). ‘‘SEC. 7. REPORT. ‘‘(a) IMPLEMENTATION REPORT.—Not later than 90 days after the date of the enactment of this Act [Dec. 11, 2018], the Secretary of State shall submit a report to the appropriate congressional committees that in- cludes— ‘‘(1) a detailed description of the efforts taken, and efforts proposed to be taken, to implement the provi- sions of this Act; ‘‘(2) an assessment of— ‘‘(A) the feasibility and advisability of pros- ecuting ISIS members for whom credible evidence exists of having committed genocide, crimes against humanity, or war crimes in Iraq, including in domestic courts in Iraq, hybrid courts, and inter- nationalized domestic courts; and ‘‘(B) the measures needed— ‘‘(i) to ensure effective criminal investigations of such individuals; and ‘‘(ii) to effectively collect and preserve evi- dence, and preserve the chain of evidence, for prosecution; and ‘‘(3) recommendations for legislative remedies and administrative actions to facilitate the implementa- tion of this Act. ‘‘(b) FORM.—The report required under subsection (a) shall be submitted in unclassified form, but may con- tain a classified annex, if necessary.’’ HUMAN RIGHTS SANCTIONS Pub. L. 114–328, div. A, title XII, subtitle F, Dec. 23, 2016, 130 Stat. 2533, known as the Global Magnitsky Human Rights Accountability Act and formerly set out as a note under this section, was transferred to chapter 108 (§ 10101 et seq.) of this title. Section 1265 of Pub. L. 114–328, which terminated the authority to impose sanctions under the Act 6 years after Dec. 23, 2016, was repealed by Pub. L. 117–110, § 6(a), Apr. 8, 2022, 136 Stat. 1165. GLOBAL ENGAGEMENT CENTER Pub. L. 118–31, div. A, title XII, § 1231, Dec. 22, 2023, 137 Stat. 458, required Secretary of Defense to report to Congress not later than 30 days after making funds or personnel available to the Global Engagement Center. Pub. L. 117–81, div. E, title LIII, § 5320, Dec. 27, 2021, 135 Stat. 2368, authorized Secretary of State to appoint employees of Department of State to carry out func- tions of the Global Engagement Center. Page 1081 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 Pub. L. 114–328, div. A, title XII, § 1287, Dec. 23, 2016, 130 Stat. 2546, as amended by Pub. L. 115–232, div. A, title XII, § 1284, Aug. 13, 2018, 132 Stat. 2076, which es- tablished a Global Engagement Center within the De- partment of State to direct, lead, synchronize, inte- grate, and coordinate efforts of the Federal Govern- ment to recognize, understand, expose, and counter for- eign state and non-state propaganda and disinformation efforts aimed at undermining or influ- encing the policies, security, or stability of the United States and United States allies and partner nations, terminated 8 years after Dec. 23, 2016. STRATEGY FOR THE UNITED STATES RELATIONSHIP WITH SAUDI ARABIA Pub. L. 110–53, title XX, § 2043, Aug. 3, 2007, 121 Stat. 524, provided that: ‘‘(a) CONGRESSIONAL FINDINGS.—Congress finds that: ‘‘(1) The National Commission on Terrorist Attacks Upon the United States concluded that the Kingdom of Saudi Arabia has ‘been a problematic ally in com- bating Islamic extremism. At the level of high policy, Saudi Arabia’s leaders cooperated with American dip- lomatic initiatives aimed at the Taliban or Pakistan before 9/11. At the same time, Saudi Arabia’s society was a place where al Qaeda raised money directly from individuals and through charities. It was the so- ciety that produced 15 of the 19 hijackers.’. ‘‘(2) Saudi Arabia has an uneven record in the fight against terrorism, especially with respect to terrorist financing, support for radical madrassas, a lack of po- litical outlets for its citizens, and restrictions on reli- gious pluralism, that poses a threat to the security of the United States, the international community, and Saudi Arabia itself. ‘‘(3) The National Commission on Terrorist Attacks Upon the United States concluded that the ‘problems in the U.S.-Saudi relationship must be confronted, openly’. It recommended that the two countries build a relationship that includes a ‘shared commitment to political and economic reform . . . and a shared in- terest in greater tolerance and cultural respect, translating into a commitment to fight the violent extremists who foment hatred’. ‘‘(4) The United States has a national security in- terest in working with the Government of Saudi Ara- bia to combat international terrorists that operate within that country or that operate outside Saudi Arabia with the support of citizens of Saudi Arabia. ‘‘(5) The United States and Saudi Arabia estab- lished a Strategic Dialogue in 2005, which provides a framework for the two countries to discuss a range of bilateral issues at high levels, including counterterrorism policy and political and economic reforms. ‘‘(6) It is in the national security interest of the United States to support the Government of Saudi Arabia in undertaking a number of political and eco- nomic reforms, including increasing anti-terrorism operations conducted by law enforcement agencies, providing more political and religious rights to its citizens, increasing the rights of women, engaging in comprehensive educational reform, enhancing moni- toring of charitable organizations, and promulgating and enforcing domestic laws and regulation on ter- rorist financing. ‘‘(b) STATEMENT OF POLICY.—It is the policy of the United States— ‘‘(1) to engage with the Government of Saudi Ara- bia to openly confront the issue of terrorism, as well as other problematic issues such as the lack of polit- ical freedoms; ‘‘(2) to enhance counterterrorism cooperation with the Government of Saudi Arabia; and ‘‘(3) to support the efforts of the Government of Saudi Arabia to make political, economic, and social reforms, including greater religious freedom, throughout the country. ‘‘(c) PROGRESS IN COUNTERTERRORISM AND OTHER CO- OPERATION.— ‘‘(1) REPORT.—Not later than 180 days after the date of the enactment of this Act [Aug. 3, 2007], the Presi- dent shall transmit to the appropriate congressional committees a report that— ‘‘(A) describes the long-term strategy of the United States— ‘‘(i) to engage with the Government of Saudi Arabia to facilitate political, economic, and so- cial reforms, including greater religious freedom, that will enhance the ability of the Government of Saudi Arabia to combat international ter- rorism; and ‘‘(ii) to work with the Government of Saudi Arabia to combat terrorism, including through ef- fective measures to prevent and prohibit the fi- nancing of terrorists by Saudi institutions and citizens; and ‘‘(B) provides an assessment of the progress made by Saudi Arabia since 2001 on the matters described in subparagraph (A), including— ‘‘(i) whether Saudi Arabia has become a party to the International Convention for the Suppres- sion of the Financing of Terrorism; and ‘‘(ii) the activities and authority of the Saudi Nongovernmental National Commission for Relief and Charity Work Abroad. ‘‘(2) FORM.—The report required by paragraph (1) shall be transmitted in unclassified form, but may in- clude a classified annex, if necessary.’’ [For definition of ‘‘appropriate congressional com- mittees’’ as used in section 2043 of Pub. L. 110–53, set out above, see section 2002 of Pub. L. 110–53, set out as a note under section 2151 of this title.] [For assignment of functions of President under sec- tion 2043(c)(1) of Pub. L. 110–53, set out above, see Memorandum of President of the United States, Sept. 28, 2007, 72 F.R. 56871, set out as a note under section 2228 of this title.] FINDINGS Pub. L. 108–458, title VII, § 7101, Dec. 17, 2004, 118 Stat. 3775, provided that: ‘‘Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: ‘‘(1) Long-term success in the war on terrorism de- mands the use of all elements of national power, in- cluding diplomacy, military action, intelligence, cov- ert action, law enforcement, economic policy, foreign aid, public diplomacy, and homeland defense. ‘‘(2) To win the war on terrorism, the United States must assign to economic and diplomatic capabilities the same strategic priority that is assigned to mili- tary capabilities. ‘‘(3) The legislative and executive branches of the Government of the United States must commit to ro- bust, long-term investments in all of the tools nec- essary for the foreign policy of the United States to successfully accomplish the goals of the United States. ‘‘(4) The investments referred to in paragraph (3) will require increased funding to United States for- eign affairs programs in general, and to priority areas as described in this title [see Tables for classifica- tion] in particular.’’ COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM Pub. L. 108–458, title VII, § 7117, Dec. 17, 2004, 118 Stat. 3799, provided that: ‘‘(a) FINDINGS.—Consistent with the report of the Na- tional Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: ‘‘(1) Almost every aspect of the counterterrorism strategy of the United States relies on international cooperation. ‘‘(2) Since September 11, 2001, the number and scope of United States Government contacts with foreign governments concerning counterterrorism have ex- panded significantly, but such contacts have often Page 1082 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 been ad hoc and not integrated as a comprehensive and unified approach to counterterrorism. ‘‘(b) IN GENERAL.—The Secretary of State is author- ized in consultation with relevant United States Gov- ernment agencies, to negotiate on a bilateral or multi- lateral basis, as appropriate, international agreements under which parties to an agreement work in partner- ship to address and interdict acts of international ter- rorism. ‘‘(c) INTERNATIONAL CONTACT GROUP ON COUNTERTERRORISM.— ‘‘(1) SENSE OF CONGRESS.—It is the sense of Congress that the President— ‘‘(A) should seek to engage the leaders of the gov- ernments of other countries in a process of advanc- ing beyond separate and uncoordinated national counterterrorism strategies to develop with those other governments a comprehensive multilateral strategy to fight terrorism; and ‘‘(B) to that end, should seek to establish an international counterterrorism policy contact group with the leaders of governments providing leadership in global counterterrorism efforts and governments of countries with sizable Muslim pop- ulations, to be used as a ready and flexible inter- national means for discussing and coordinating the development of important counterterrorism poli- cies by the participating governments. ‘‘(2) AUTHORITY.—The President is authorized to es- tablish an international counterterrorism policy con- tact group with the leaders of governments referred to in paragraph (1) for the following purposes: ‘‘(A) To meet annually, or more frequently as the President determines appropriate, to develop in common with such other governments important policies and a strategy that address the various components of international prosecution of the war on terrorism, including policies and a strategy that address military issues, law enforcement, the col- lection, analysis, and dissemination of intelligence, issues relating to interdiction of travel by terror- ists, counterterrorism-related customs issues, fi- nancial issues, and issues relating to terrorist sanc- tuaries. ‘‘(B) To address, to the extent (if any) that the President and leaders of other participating govern- ments determine appropriate, long-term issues that can contribute to strengthening stability and secu- rity in the Middle East.’’ INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST TRAVEL THROUGH THE USE OF FRAUDU- LENTLY OBTAINED DOCUMENTS Pub. L. 108–458, title VII, § 7204, Dec. 17, 2004, 118 Stat. 3814, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) International terrorists travel across inter- national borders to raise funds, recruit members, train for operations, escape capture, communicate, and plan and carry out attacks. ‘‘(2) The international terrorists who planned and carried out the attack on the World Trade Center on February 26, 1993, the attack on the embassies of the United States in Kenya and Tanzania on August 7, 1998, the attack on the USS Cole on October 12, 2000, and the attack on the World Trade Center and the Pentagon on September 11, 2001, traveled across international borders to plan and carry out these at- tacks. ‘‘(3) The international terrorists who planned other attacks on the United States, including the plot to bomb New York City landmarks in 1993, the plot to bomb the New York City subway in 1997, and the mil- lennium plot to bomb Los Angeles International Air- port on December 31, 1999, traveled across inter- national borders to plan and carry out these attacks. ‘‘(4) Many of the international terrorists who planned and carried out large-scale attacks against foreign targets, including the attack in Bali, Indo- nesia, on October 11, 2002, and the attack in Madrid, Spain, on March 11, 2004, traveled across inter- national borders to plan and carry out these attacks. ‘‘(5) Throughout the 1990s, international terrorists, including those involved in the attack on the World Trade Center on February 26, 1993, the plot to bomb New York City landmarks in 1993, and the millen- nium plot to bomb Los Angeles International Airport on December 31, 1999, traveled on fraudulent pass- ports and often had more than 1 passport. ‘‘(6) Two of the September 11, 2001, hijackers were carrying passports that had been manipulated in a fraudulent manner. ‘‘(7) The National Commission on Terrorist Attacks Upon the United States, (commonly referred to as the 9/11 Commission), stated that ‘Targeting travel is at least as powerful a weapon against terrorists as tar- geting their money.’. ‘‘(b) INTERNATIONAL AGREEMENTS TO TRACK AND CUR- TAIL TERRORIST TRAVEL.— ‘‘(1) INTERNATIONAL AGREEMENT ON LOST, STOLEN, OR FALSIFIED DOCUMENTS.—The President should lead ef- forts to track and curtail the travel of terrorists by supporting the drafting, adoption, and implementa- tion of international agreements, and relevant United Nations Security Council resolutions to track and stop international travel by terrorists and other criminals through the use of lost, stolen, or falsified documents to augment United Nations and other international anti-terrorism efforts. ‘‘(2) CONTENTS OF INTERNATIONAL AGREEMENT.—The President should seek, as appropriate, the adoption or full implementation of effective international measures to— ‘‘(A) share information on lost, stolen, and fraud- ulent passports and other travel documents for the purposes of preventing the undetected travel of per- sons using such passports and other travel docu- ments that were obtained improperly; ‘‘(B) establish and implement a real-time verification system of passports and other travel documents with issuing authorities; ‘‘(C) share with officials at ports of entry in any such country information relating to lost, stolen, and fraudulent passports and other travel docu- ments; ‘‘(D) encourage countries— ‘‘(i) to criminalize— ‘‘(I) the falsification or counterfeiting of trav- el documents or breeder documents for any pur- pose; ‘‘(II) the use or attempted use of false docu- ments to obtain a visa or cross a border for any purpose; ‘‘(III) the possession of tools or implements used to falsify or counterfeit such documents; ‘‘(IV) the trafficking in false or stolen travel documents and breeder documents for any pur- pose; ‘‘(V) the facilitation of travel by a terrorist; and ‘‘(VI) attempts to commit, including conspir- acies to commit, the crimes specified in sub- clauses (I) through (V); ‘‘(ii) to impose significant penalties to appro- priately punish violations and effectively deter the crimes specified in clause (i); and ‘‘(iii) to limit the issuance of citizenship papers, passports, identification documents, and similar documents to persons— ‘‘(I) whose identity is proven to the issuing authority; ‘‘(II) who have a bona fide entitlement to or need for such documents; and ‘‘(III) who are not issued such documents principally on account of a disproportional pay- ment made by them or on their behalf to the issuing authority; ‘‘(E) provide technical assistance to countries to help them fully implement such measures; and Page 1083 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 ‘‘(F) permit immigration and border officials— ‘‘(i) to confiscate a lost, stolen, or falsified pass- port at ports of entry; ‘‘(ii) to permit the traveler to return to the sending country without being in possession of the lost, stolen, or falsified passport; and ‘‘(iii) to detain and investigate such traveler upon the return of the traveler to the sending country. ‘‘(3) INTERNATIONAL CIVIL AVIATION ORGANIZATION.— The United States shall lead efforts to track and cur- tail the travel of terrorists by supporting efforts at the International Civil Aviation Organization to con- tinue to strengthen the security features of passports and other travel documents. ‘‘(c) REPORT.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2004], and at least annually thereafter, the President shall submit to the appropriate congressional committees a report on progress toward achieving the goals described in subsection (b). ‘‘(2) TERMINATION.—Paragraph (1) shall cease to be effective when the President certifies to the Com- mittee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Sen- ate that the goals described in subsection (b) have been fully achieved.’’ [Functions of President under subsec. (c) of section 7204 of Pub. L. 108–458, set out above, assigned to Sec- retary of State by section 1 of Memorandum of Presi- dent of the United States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under section 301 of title 3, The Presi- dent.] EAST TIMOR TRANSITION TO INDEPENDENCE Pub. L. 107–228, div. A, title VI, subtitle C, Sept. 30, 2002, 116 Stat. 1399, provided that: ‘‘SEC. 631. SHORT TITLE. ‘‘This subtitle may be cited as the ‘East Timor Tran- sition to Independence Act of 2002’. ‘‘SEC. 632. BILATERAL ASSISTANCE. ‘‘(a) AUTHORITY.—The President, acting through the Administrator of the United States Agency for Inter- national Development, is authorized to— ‘‘(1) support the development of civil society, in- cluding nongovernmental organizations in East Timor; ‘‘(2) promote the development of an independent news media; ‘‘(3) support job creation, including support for small business and microenterprise programs, envi- ronmental protection, sustainable development, de- velopment of East Timor’s health care infrastructure, educational programs, and programs strengthening the role of women in society; ‘‘(4) promote reconciliation, conflict resolution, and prevention of further conflict with respect to East Timor, including establishing accountability for past gross human rights violations; ‘‘(5) support the voluntary and safe repatriation and reintegration of refugees into East Timor; ‘‘(6) support political party development, voter edu- cation, voter registration, and other activities in sup- port of free and fair elections in East Timor; and ‘‘(7) promote the development of the rule of law. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated to the President to carry out this section $25,000,000 for the fiscal year 2003. ‘‘(2) AVAILABILITY.—Amounts appropriated pursu- ant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. ‘‘SEC. 633. MULTILATERAL ASSISTANCE. ‘‘The Secretary of the Treasury shall instruct the United States executive director at each international financial institution to which the United States is a member to use the voice, vote, and influence of the United States to support economic and democratic de- velopment in East Timor. ‘‘SEC. 634. TRADE AND INVESTMENT ASSISTANCE. ‘‘(a) OPIC.—The President should initiate negotia- tions with the Government of East Timor to enter into a new agreement authorizing the Overseas Private In- vestment Corporation [now the United States Inter- national Development Finance Corporation] to carry out programs with respect to East Timor in order to expand United States investment in East Timor, em- phasizing partnerships with local East Timorese enter- prises. ‘‘(b) TRADE AND DEVELOPMENT AGENCY.— ‘‘(1) IN GENERAL.—The Director of the Trade and De- velopment Agency is authorized to carry out projects in East Timor under section 661 of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2421). ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—There are authorized to be ap- propriated to the Trade and Development Agency to carry out this subsection $1,000,000 for fiscal year 2003. ‘‘(B) AVAILABILITY.—Amounts appropriated pursu- ant to the authorization of appropriations under subparagraph (A) are authorized to remain avail- able until expended. ‘‘(c) EXPORT-IMPORT BANK.—The Export-Import Bank of the United States should expand its activities in con- nection with exports to East Timor to the extent such activities are requested and to the extent there is a reasonable assurance of repayment. ‘‘SEC. 635. GENERALIZED SYSTEM OF PREF- ERENCES. ‘‘As soon as possible after the enactment of this Act [Sept. 30, 2002], the United States Trade Representative and the Commissioner of Customs should send an as- sessment team to East Timor to compile a list of duty- free eligible products so that the Government of East Timor can begin the process of applying for General System of Preference benefits. ‘‘SEC. 636. AUTHORITY FOR RADIO BROADCASTING. ‘‘The Broadcasting Board of Governors [now United States Agency for Global Media] should broadcast to East Timor in an appropriate language or languages. ‘‘SEC. 637. SECURITY ASSISTANCE FOR EAST TIMOR. ‘‘(a) STUDY AND REPORT.— ‘‘(1) STUDY.—The President shall conduct a study to determine— ‘‘(A) the extent to which East Timor’s security needs can be met by the transfer of excess defense articles under section 516 of the Foreign Assistance Act of 1961 [22 U.S.C. 2321j]; ‘‘(B) the extent to which international military education and training (IMET) assistance will en- hance professionalism of the armed forces of East Timor, provide training in human rights, and pro- mote respect for human rights and humanitarian law; and ‘‘(C) the terms and conditions under which such defense articles or training, as appropriate, should be provided. ‘‘(2) REPORT.—Not later than 180 days after the date of the enactment of this Act [Sept. 30, 2002], the President shall transmit to the appropriate congres- sional committees a report that contains the findings of the study conducted under paragraph (1). ‘‘(b) AUTHORIZATION OF ASSISTANCE.— ‘‘(1) IN GENERAL.—Beginning on the date on which Congress receives the report transmitted under sub- section (a)(2), or the date on which Congress receives the certification transmitted under paragraph (2), whichever occurs later, the President is authorized— ‘‘(A) to transfer excess defense articles under sec- tion 516 of the Foreign Assistance Act of 1961 (22 Page 1084 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 U.S.C. 2321j) to East Timor in accordance with such section; and ‘‘(B) to provide military education and training under chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.) for the armed forces of East Timor in ac- cordance with such chapter. ‘‘(2) CERTIFICATION.—A certification described in this paragraph is a certification that— ‘‘(A) East Timor has established an independent armed forces; and ‘‘(B) the assistance proposed to be provided pursu- ant to paragraph (1)— ‘‘(i) is in the national security interests of the United States; and ‘‘(ii) will promote both human rights in East Timor and the professionalization of the armed forces of East Timor. ‘‘SEC. 638. REPORTING REQUIREMENT. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Sept. 30, 2002], and every 12 months thereafter for the next five years, the Sec- retary shall prepare and transmit to the appropriate congressional committees a report that contains the information described in subsection (b). ‘‘(b) INFORMATION.—The report required by subsection (a) shall include— ‘‘(1) developments in East Timor’s political and economic situation in the period covered by the re- port, including an evaluation of any elections which have occurred in East Timor and the refugee re- integration process in East Timor; ‘‘(2) in the initial report, a 3-year plan for United States foreign assistance to East Timor in accord- ance with section 632, prepared by the Administrator of the United States Agency for International Devel- opment, which outlines the goals for United States foreign assistance to East Timor during the 3-year period; ‘‘(3) a description of the activities undertaken in East Timor by the International Bank for Recon- struction and Development, the Asian Development Bank, and other international financial institutions, and an evaluation of the effectiveness of these activi- ties; ‘‘(4) an assessment of the status of United States trade and investment relations with East Timor, in- cluding a detailed analysis of any trade and invest- ment-related activity supported by the Overseas Pri- vate Investment Corporation [now the United States International Development Finance Corporation], the Export-Import Bank of the United States, or the Trade and Development Agency during the period of time since the previous report; ‘‘(5) a comprehensive study and report on local agri- culture in East Timor, emerging opportunities for producing, processing, and exporting indigenous agri- cultural products, and recommendations for appro- priate technical assistance from the United States; and ‘‘(6) statistical data drawn from other sources on economic growth, health, education, and distribution of resources in East Timor.’’ [For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated 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 Novem- ber 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 Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally 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.] [For definitions of ‘‘appropriate congressional com- mittees’’ and ‘‘Secretary’’ as used in subtitle C of title VI of div. A 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.] [For Presidential certification authorizing security assistance to East Timor pursuant to section 637(b)(2) of Pub. L. 107–228, set out above, see Presidential Deter- mination No. 2003–19, set out below.] PACIFIC CHARTER COMMISSION Pub. L. 106–570, title IV, Dec. 27, 2000, 114 Stat. 3047, known as the Pacific Charter Commission Act of 2000, provided for the establishment of the Pacific Charter Commission to promote United States foreign policy, support democratization, rule of law, and human rights, promote United States exports, assist in com- bating terrorism and spread of illicit narcotics, and ad- vocate for United States diplomacy, all in the Asia-Pa- cific region, with authority to establish the Commis- sion to expire Dec. 31, 2002, and termination of the Commission to occur not later than six years after the date of establishment. RECORD OF WAR CRIMINALS AND SANCTIONED COUN- TRIES, ENTITIES, AND MUNICIPALITIES; ROLE OF HUMAN RIGHTS ORGANIZATIONS AND GOVERNMENT AGENCIES Pub. L. 106–429, § 101(a) [title V, § 564(e), (g), (j), (k)], Nov. 6, 2000, 114 Stat. 1900, 1900A–48 to 1900A–50, as amended by Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217, provided that: ‘‘(e) SANCTIONED COUNTRY, ENTITY, OR MUNICI- PALITY.—A sanctioned country, entity, or municipality described in this section [114 Stat. 1900A–46] is one whose competent authorities have failed, as determined by the Secretary of State, to take necessary and sig- nificant steps to apprehend and transfer to the Tri- bunal all persons who have been publicly indicted by the Tribunal. ‘‘(g) CURRENT RECORD OF WAR CRIMINALS AND SANC- TIONED COUNTRIES, ENTITIES, AND MUNICIPALITIES.— ‘‘(1) IN GENERAL.—The Secretary of State shall es- tablish and maintain a current record of the location, including the municipality, if known, of publicly in- dicted war criminals and a current record of sanc- tioned countries, entities, and municipalities. ‘‘(2) INFORMATION OF THE DCI AND THE SECRETARY OF DEFENSE.—The Director of Central Intelligence and the Secretary of Defense should collect and provide to the Secretary of State information concerning the location, including the municipality, of publicly in- dicted war criminals. ‘‘(3) INFORMATION OF THE TRIBUNAL.—The Secretary of State shall request that the Tribunal and other international organizations and governments provide the Secretary of State information concerning the lo- cation, including the municipality, of publicly in- dicted war criminals and concerning country, entity and municipality authorities known to have ob- structed the work of the Tribunal. ‘‘[(4) Repealed. Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.] ‘‘(5) INFORMATION TO CONGRESS.—Upon the request of the chairman or ranking minority member of any of the appropriate congressional committees, the Secretary of State shall make available to that com- mittee the information recorded under paragraph (1) in a report submitted to the committee in classified and unclassified form. ‘‘(j) DEFINITIONS.—As used in this section— ‘‘(1) COUNTRY.—The term ‘country’ means Bosnia- Herzegovina, Croatia, and Serbia. ‘‘(2) ENTITY.—The term ‘entity’ refers to the Fed- eration of Bosnia and Herzegovina, Kosova, Monte- negro, and the Republika Srpska. ‘‘(3) DAYTON AGREEMENT.—The term ‘Dayton Agree- ment’ means the General Framework Agreement for Peace in Bosnia and Herzegovina, together with an- nexes relating thereto, done at Dayton, November 10 through 16, 1995. Page 1085 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 ‘‘(4) TRIBUNAL.—The term ‘Tribunal’ means the International Criminal Tribunal for the Former Yugoslavia. ‘‘(k) ROLE OF HUMAN RIGHTS ORGANIZATIONS AND GOV- ERNMENT AGENCIES.—In carrying out this section, the Secretary of State, the Administrator of the Agency for International Development, and the executive di- rectors of the international financial institutions shall consult with representatives of human rights organiza- tions and all government agencies with relevant infor- mation to help prevent publicly indicted war criminals from benefiting from any financial or technical assist- ance or grants provided to any country or entity de- scribed in subsection (e).’’ [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.] Similar provisions were contained in the following prior appropriation act: Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 566(e), (g), (j), (k)], Nov. 29, 1999, 113 Stat. 1535, 1501A–107 to 1501A–109. REPORT CONCERNING FINANCIAL DISADVANTAGES FOR ADMINISTRATIVE AND TECHNICAL PERSONNEL Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 338], Nov. 29, 1999, 113 Stat. 1536, 1501A–443, provided findings regarding financial disadvantages of adminis- trative and technical personnel posted to United States missions abroad who do not have diplomatic status and required related report to Congress by the Secretary of State not later than one year after Nov. 29, 1999. PRISONER INFORMATION REGISTRY FOR THE PEOPLE’S REPUBLIC OF CHINA Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VIII, § 873], Nov. 29, 1999, 113 Stat. 1536, 1501A–474, provided that: ‘‘(a) REQUIREMENT.—The Secretary of State shall es- tablish and maintain a registry which shall, to the ex- tent practicable, provide information on all political prisoners, prisoners of conscience, and prisoners of faith in the People’s Republic of China. The registry shall be known as the ‘Prisoner Information Registry for the People’s Republic of China’. ‘‘(b) INFORMATION IN REGISTRY.—The registry required by subsection (a) shall include information on the charges, judicial processes, administrative actions, uses of forced labor, incidents of torture, lengths of im- prisonment, physical and health conditions, and other matters associated with the incarceration of prisoners in the People’s Republic of China referred to in that subsection. ‘‘(c) AVAILABILITY OF FUNDS.—The Secretary may make a grant to nongovernmental organizations cur- rently engaged in monitoring activities regarding po- litical prisoners in the People’s Republic of China in order to assist in the establishment and maintenance of the registry required by subsection (a).’’ REPORT TO CONGRESS ON ACTIVITIES OF NORTH KOREAN ARMED FORCES Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 585], Sept. 30, 1996, 110 Stat. 3009–121, 3009–171, as amended by Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(D), (2), Sept. 30, 2002, 116 Stat. 1441, which required the Sec- retary of State, in consultation with the Secretary of Defense, to provide semiannual reports relating to the military forces of the Democratic People’s Republic of Korea, was repealed by Pub. L. 113–76, div. K, title VII, § 7034(i), Jan. 17, 2014, 128 Stat. 514. REPORTS TO WAR CRIMES TRIBUNAL FOR FORMER YUGOSLAVIA Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 552], Nov. 29, 1999, 113 Stat. 1535, 1501A–99, provided in part: ‘‘That 60 days after the date of the enactment of this Act [Nov. 29, 1999], and every 180 days thereafter, the Sec- retary of State shall submit a report to the Commit- tees on Appropriations describing the steps the United States Government is taking to collect information re- garding allegations of genocide or other violations of international law in the former Yugoslavia and to fur- nish that information to the United Nations War Crimes Tribunal for the former Yugoslavia’’. Similar provisions were contained in the following appropriation acts: Pub. L. 106–429, § 101(a) [title V, § 552], Nov. 6, 2000, 114 Stat. 1900, 1900A–41. Pub. L. 105–277, div. A, § 101(d) [title V, § 554], Oct. 21, 1998, 112 Stat. 2681–150, 2681–188. Pub. L. 105–118, title V, § 553, Nov. 26, 1997, 111 Stat. 2422. Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 555], Sept. 30, 1996, 110 Stat. 3009–121, 3009–160. Pub. L. 104–107, title V, § 556, Feb. 12, 1996, 110 Stat. 743. Pub. L. 103–306, title V, § 575, Aug. 23, 1994, 108 Stat. 1653. REPORTING REQUIREMENTS ON OCCUPIED TIBET Pub. L. 103–236, title V, § 536, Apr. 30, 1994, 108 Stat. 481, provided that: ‘‘(a) REPORT ON UNITED STATES-TIBET RELATIONS.— Because Congress has determined that Tibet is an occu- pied sovereign country under international law and that its true representatives are the Dalai Lama and the Tibetan Government in exile— ‘‘(1) it is the sense of the Congress that the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representa- tives and the Tibetan Government in exile, con- cerning the situation in Tibet and the future of the Tibetan people and to expand and strengthen United States-Tibet cultural and educational relations, in- cluding promoting bilateral exchanges arranged di- rectly with the Tibetan Government in exile; and ‘‘(2) not later than 6 months after the date of enact- ment of this Act [Apr. 30, 1994], and every 12 months thereafter, the Secretary of State shall transmit to the Chairman of the Committee on Foreign Relations and the Speaker of the House of Representatives a re- port on the state of relations between the United States and those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Govern- ment in exile, and on conditions in Tibet. ‘‘(b) SEPARATE TIBET REPORTS.— ‘‘(1) It is the sense of the Congress that whenever a report is transmitted to the Congress on a country- by-country basis there should be included in such re- port, where applicable, a separate report on Tibet listed alphabetically with its own state heading. ‘‘(2) The reports referred to in paragraph (1) in- clude, but are not limited to, reports transmitted under sections 116(d) and 502B(b) of the Foreign As- sistance Act of 1961 [22 U.S.C. 2151n(d), 2304(b)] (relat- ing to human rights).’’ CAMBODIAN GENOCIDE Pub. L. 103–236, title V, part D, Apr. 30, 1994, 108 Stat. 486, provided that: ‘‘SEC. 571. SHORT TITLE. ‘‘This part may be cited as the ‘Cambodian Genocide Justice Act’. ‘‘SEC. 572. POLICY. ‘‘(a) IN GENERAL.—Consistent with international law, it is the policy of the United States to support efforts to bring to justice members of the Khmer Rouge for Page 1086 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 their crimes against humanity committed in Cambodia between April 17, 1975, and January 7, 1979. ‘‘(b) SPECIFIC ACTIONS URGED.—To that end, the Con- gress urges the President— ‘‘(1) to collect, or assist appropriate organizations and individuals to collect relevant data on crimes of genocide committed in Cambodia; ‘‘(2) in circumstances which the President deems appropriate, to encourage the establishment of a na- tional or international criminal tribunal for the pros- ecution of those accused of genocide in Cambodia; and ‘‘(3) as necessary, to provide such national or inter- national tribunal with information collected pursu- ant to paragraph (1). ‘‘SEC. 573. ESTABLISHMENT OF STATE DEPART- MENT OFFICE. ‘‘(a) ESTABLISHMENT.—(1) None of the funds author- ized to be appropriated by this Act for ‘Diplomatic and Consular Programs’ shall be available for obligation or expenditure during fiscal years 1994 and 1995 unless, not later than 90 days after the date of enactment of this Act [Apr. 30, 1994], the Secretary of State has estab- lished within the Department of State under the As- sistant Secretary for East Asia and Pacific Affairs (or any successor Assistant Secretary) the Office of Cam- bodian Genocide Investigation (hereafter in this part referred to as the ‘Office’). ‘‘(2) The Office may carry out its activities inside or outside of Cambodia, except that not less than 75 per- cent of the funds made available for the Office and its activities shall be used to carry out activities within Cambodia. ‘‘(b) PURPOSE.—The purpose of the Office shall be to support, through organizations and individuals with whom the Secretary of State may contract to carry out the operations of the Office, as appropriate, efforts to bring to justice members of the Khmer Rouge for their crimes against humanity committed in Cambodia be- tween April 17, 1975, and January 7, 1979, including— ‘‘(1) to investigate crimes against humanity com- mitted by national Khmer Rouge leaders during that period; ‘‘(2) to provide the people of Cambodia with access to documents, records, and other evidence held by the Office as a result of such investigation; ‘‘(3) to submit the relevant data to a national or international penal tribunal that may be convened to formally hear and judge the genocidal acts com- mitted by the Khmer Rouge; and ‘‘(4) to develop the United States proposal for the establishment of an international criminal tribunal for the prosecution of those accused of genocide in Cambodia. ‘‘(c) CONTRACTING AUTHORITY.—The Secretary of State shall, subject to the availability of appropria- tions, contract with appropriate individuals and orga- nizations to carry out the purpose of the Office. ‘‘(d) NOTIFICATION TO CONGRESS.—The Committee on Foreign Relations and the Committee on Appropria- tions of the Senate and the Committee on Foreign Af- fairs and the Committee on Appropriations of the House of Representatives shall be notified of any exer- cise of the authority of section 34 of the State Depart- ment Basic Authorities Act of 1956 [22 U.S.C. 2706] with respect to the Office or any of its programs, projects, or activities at least 15 days in advance in accordance with procedures applicable to notifications under that section. ‘‘SEC. 574. REPORTING REQUIREMENT. ‘‘(a) IN GENERAL.—Beginning 6 months after the date of enactment of this Act [Apr. 30, 1994], and every 6 months thereafter, the President shall submit a report to the appropriate congressional committees— ‘‘(1) that describes the activities of the Office, and sets forth new facts learned about past Khmer Rouge practices, during the preceding 6-month period; and ‘‘(2) that describes the steps the President has taken during the preceding 6-month period to pro- mote human rights, to support efforts to bring to jus- tice the national political and military leadership of the Khmer Rouge, and to prevent the recurrence of human rights abuses in Cambodia through actions which are not related to United Nations activities in Cambodia. ‘‘(b) DEFINITION.—For purposes of this section, the term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Rep- resentatives.’’ [Functions of President under section 574 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 sec- tion 2370a of this title.] BROADENING CULTURAL, GEOGRAPHIC, AND ETHNIC REP- RESENTATION OF FOREIGN SERVICE AND DEPARTMENT OF STATE; PLAN Pub. L. 101–246, title I, § 153(a), (b), Feb. 16, 1990, 104 Stat. 43, as amended by Pub. L. 101–302, title III, § 320(b)(2), May 25, 1990, 104 Stat. 247, required the Sec- retary of State to submit, not later than 120 days after Feb. 16, 1990, and to implement, not later than Jan. 1, 1991, a plan to assure equal efforts in recruiting certain employees from different regions in the United States. PROHIBITION ON USE OF FUNDS FOR POLITICAL PURPOSES Pub. L. 100–204, title I, § 109, Dec. 22, 1987, 101 Stat. 1339, provided that: ‘‘No funds authorized to be appro- priated by this Act or by any other Act authorizing funds for any entity engaged in any activity concerning the foreign affairs of the United States shall be used— ‘‘(1) for publicity or propaganda purposes designed to support or defeat legislation pending before Con- gress; ‘‘(2) to influence in any way the outcome of a polit- ical election in the United States; or ‘‘(3) for any publicity or propaganda purposes not authorized by Congress.’’ CONSULAR AND DIPLOMATIC POSTS ABROAD Pub. L. 100–204, title I, § 122, Dec. 22, 1987, 101 Stat. 1339, prohibited use of appropriated funds for closing United States consular or diplomatic posts abroad, or for paying expenses related to Bureau of Administra- tion of Department of State if a post was closed after Jan. 1, 1987, and not reopened, provided funding for cer- tain consulates, provided exceptions for prohibition on use of appropriated funds, permitted Secretary of State, in case of a sequestration order, to submit a re- port proposing a list of consular posts to be downgraded or closed in order to comply with sequestration order, and provided that the prohibitions were to be effective 180 days after Dec. 22, 1987, prior to repeal by Pub. L. 102–138, title I, § 112(b), Oct. 28, 1991, 105 Stat. 655. See section 2720 of this title. CLOSING OF DIPLOMATIC AND CONSULAR POSTS IN ANTIGUA AND BARBUDA Pub. L. 100–204, title I, § 123, Dec. 22, 1987, 101 Stat. 1339, directed that none of the funds made available for the Department of State for any fiscal year be used for expenses of maintaining a United States diplomatic or consular post in Antigua and Barbuda and provided that such prohibition take effect 60 days after Dec. 22, 1987, unless the President made a determination that such closing would not be in the national security in- terest of the United States and informed both the Chairman of the Senate Foreign Relations Committee and the House Foreign Affairs Committee of such de- termination, prior to repeal by Pub. L. 101–246, title I, § 121, Feb. 16, 1990, 104 Stat. 27. Such a determination had been made by Determination of President of the United States, No. 88–9, Feb. 9, 1988, 53 F.R. 5749. Page 1087 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 ASSIGNMENT OF DRUG ENFORCEMENT ADMINISTRATION AGENTS ABROAD Pub. L. 100–204, title VIII, § 801, Dec. 22, 1987, 101 Stat. 1397, provided that: ‘‘If the Secretary of State, in exer- cising his authority to establish overseas staffing levels for Federal agencies with activities abroad, authorizes the assignment of any Drug Enforcement Administra- tion agent to a particular United States mission abroad, the Secretary shall authorize the assignment of at least two such agents to that mission.’’ WAIVER OF PROVISIONS OF PUBLIC LAW 100–204 DURING FISCAL YEARS 1988 AND 1989 Pub. L. 100–202, § 101(a) [title III, § 305], Dec. 22, 1987, 101 Stat. 1329, 1329–23, provided that: ‘‘The following sections of H.R. 1777 (the Foreign Relations Authoriza- tion Act, Fiscal Years 1988 and 1989 [Pub. L. 100–204]) are waived during Fiscal Years 1988 and 1989 in the event that H.R. 1777 is enacted into law: Sec. 122 [set out above], Sec. 151, and Sec. 204 [22 U.S.C. 1461 note].’’ REPORT TO CONGRESS ON SOVIET BREACH OF DUTIES OBLIGATIONS TO UNITED STATES DIPLOMATS OR MIS- SIONS Pub. L. 99–500, § 101(b) [title III, § 300], Oct. 18, 1986, 100 Stat. 1783–39, 1783–58, and Pub. L. 99–591, § 101(b) [title III, § 300], Oct. 30, 1986, 100 Stat. 3341–39, 3341–58, which required the Secretary of State to report every six months to the Speaker of the House of Representatives and the President of the Senate on failures by Soviet agencies to perform obligations to United States dip- lomats or United States missions to the Soviet Union and on actions undertaken by the Department of State to redress these failures, 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 127 of House Document No. 103–7. RESPONSIBILITY OF UNITED STATES MISSIONS TO PROMOTE FREEDOM OF PRESS ABROAD Pub. L. 99–93, title I, § 138, Aug. 16, 1985, 99 Stat. 422, provided that: ‘‘(a) RESPONSIBILITY.—The United States chief of mis- sion to a foreign country in which there is not respect for freedom of the press shall actively promote respect for freedom of the press in that country. ‘‘(b) DEFINITION.—As used in this section, the term ‘respect for freedom of the press’ means that a govern- ment— ‘‘(1) allows foreign news correspondents into the country and does not subject them to harassment or restrictions; ‘‘(2) allows nongovernment-owned press to operate in the country; and ‘‘(3) does not subject the press in the country to systematic censorship.’’ EMERGENCY TELEPHONE SERVICE AT UNITED STATES CONSULAR OFFICES Pub. L. 99–93, title I, § 139, Aug. 16, 1985, 99 Stat. 422, provided that: ‘‘It is the sense of the Congress that the Secretary of State should ensure that all United States consular offices are equipped with 24-hour emergency telephone service through which United States citizens can contact a member of the staff of any such office. The Secretary should publicize the telephone number of each such service for the information of United States citizens. Not more than 90 days after the date of the enactment of this Act [Aug. 16, 1985], the Secretary shall submit a report to the Congress on steps taken in accordance with this section.’’ TORTURE BY FOREIGN GOVERNMENTS; UNITED STATES POLICY IN OPPOSITION; IMPLEMENTATION Pub. L. 98–447, Oct. 4, 1984, 98 Stat. 1721, provided: ‘‘That the Congress reaffirms that it is the continuing policy of the United States Government to oppose the practice of torture by foreign governments through public and private diplomacy and, when necessary and appropriate, through the enactment and vigorous im- plementation of laws intended to reinforce United States policies with respect to torture. The United States Government opposes acts of torture wherever they occur, without regard to ideological or regional considerations, and will make every effort to work co- operatively with other governments and with non- governmental organizations to combat the practice of torture worldwide. ‘‘SEC. 2. (a) The President is requested— ‘‘(1) to instruct the Permanent Representative of the United States to the United Nations to continue to raise the issue of torture practiced by govern- ments; and ‘‘(2) to continue to involve the United States Gov- ernment in the formulation of international stand- ards and effective implementing mechanisms, par- ticularly the draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. ‘‘(b) In order to implement the policy expressed in the first section of this resolution, the Secretary of State is requested to issue formal instructions to each United States chief of mission regarding United States policy with respect to torture, including— ‘‘(1) instructions— ‘‘(A) to examine allegations of the practice of tor- ture, particularly allegations concerning the exist- ence of secret detention, extended incommunicado detention, and restrictions on access by family members, lawyers, and independent medical per- sonnel to detainees; and ‘‘(B) to forward such information as may be gath- ered, including information regarding any efforts made by the host government to reduce and elimi- nate the practice of torture, to the Assistant Sec- retary of State for Human Rights and Humani- tarian Affairs for analysis in preparing the Depart- ment’s annual country reports on human rights practices; ‘‘(2) in the case of a chief of mission assigned to a country where torture is regularly practiced, instruc- tions to report on a periodic basis as circumstances require to the Assistant Secretary of State for Human Rights and Humanitarian Affairs regarding efforts made by the respective United States diplo- matic mission to implement United States policy with respect to combating torture; ‘‘(3) instructions to meet with indigenous human rights monitoring groups knowledgeable about the practice of torture for the purpose of gathering infor- mation about such practice; and ‘‘(4) instructions to express concern in individual cases of torture brought to the attention of a United States diplomatic mission including, whenever fea- sible, sending United States observers to trials when there is reason to believe that torture has been used against the accused. ‘‘(c) The Secretary of Commerce should continue to enforce vigorously the current restrictions on the ex- port of crime control equipment pursuant to the Export Administration Act of 1979 [50 U.S.C. 4601 et seq.]. ‘‘(d) The heads of the appropriate departments of the United States Government that furnish military and law enforcement training to foreign personnel, particu- larly personnel from countries where the practice of torture has been a documented concern, shall include in such training, when relevant, instruction regarding international human rights standards and the policy of the United States with respect to torture.’’ [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.] Page 1088 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 UNITED STATES DIPLOMATIC RELATIONS WITH THE VATICAN Pub. L. 98–164, title I, § 134, Nov. 22, 1983, 97 Stat. 1029, provided that: ‘‘In order to provide for the establish- ment of United States diplomatic relations with the Vatican, the Act entitled ‘An Act making Appropria- tions for the Consular and Diplomatic Expenses of the Government for the Year ending thirtieth June, eight- een hundred and sixty-eight, and for other purposes’, approved February 28, 1867, is amended by repealing the following sentence (14 Stat. 413): ‘And no money hereby or otherwise appropriated shall be paid for the support of an American legation at Rome, from and after the thirtieth day of June, eighteen hundred and sixty- seven.’.’’ REOPENING CERTAIN UNITED STATES CONSULATES Pub. L. 97–241, title I, § 103(b), (c), Aug. 24, 1982, 96 Stat. 273, as amended by Pub. L. 98–164, title I, § 137, Nov. 22, 1983, 97 Stat. 1030; Pub. L. 103–236, title I, § 139(8), Apr. 30, 1994, 108 Stat. 398, provided that: ‘‘(b) None of the funds made available under this [Pub. L. 97–241] or any other Act for ‘Administration of Foreign Affairs’ may be used for the establishment or operation of any United States consulate that did not exist on the date of enactment of this Act [Aug. 24, 1982] (other than the consulates specified in subsection (c)) until all the United States consulates specified in subsection (c) have been reopened as required by sec- tion 108 of the Department of State Authorization Act, Fiscal Years 1980 and 1981 [section 108 of Pub. L. 96–60, set out as a note below], to the extent such reopening is authorized by the foreign government involved. ‘‘(c) The consulates referred to in subsections (a) [sec- tion 103(a) of Pub. L. 97–241, which was not classified to the Code] and (b) of this section are the consulates in the following locations: Turin, Italy; Salzburg, Austria; Goteborg, Sweden; Bremen, Germany; Nice, France; Mandalay, Burma; and Brisbane, Australia.’’ UNITED STATES CONSULATES Pub. L. 96–60, title I, § 108, Aug. 15, 1979, 93 Stat. 397, provided that U.S. consulates in Salzburg, Austria; Bre- men, Germany; Nice, France; Turin, Italy; Goteborg, Sweden; Adana, Turkey; Tangier, Morocco; Mandalay, Burma; Brisbane, Australia; and Surabaya, Indonesia, would not be closed or, if closed as of Aug. 15, 1979, would be reopened as soon as possible after such date. ACTION WITH REGARD TO INTERNATIONAL JOURNALISTIC FREEDOM Pub. L. 95–426, title VI, § 603, Oct. 7, 1978, 92 Stat. 985, as amended by Pub. L. 97–241, title V, § 505(a)(2), Aug. 24, 1982, 96 Stat. 299, provided that: ‘‘(a) The Congress finds that— ‘‘(1) news dissemination and the free flow of infor- mation across national boundaries are vital to inter- national understanding and to healthy relations among countries; and ‘‘(2) recurring and reliable reports strongly indicate that in many countries foreign news correspondents are subject to governmental harassment and restric- tion, including the denial of access to legitimate news sources, the imposition of censorship, and de- tention, incarceration, and expulsion. ‘‘(b) It is therefore the sense of the Congress that the President should— ‘‘(1) advise the appropriate officials of any foreign government which subjects foreign news correspond- ents to harassment and restrictions that the United States considers such mistreatment a significant and potentially damaging factor in overall relations of the United States with such country; and ‘‘(2) raise in appropriate international forums the issue of the treatment of foreign news correspond- ents, with a view toward gaining multilateral support for the legitimate rights of such correspondents. ‘‘(c) [Repealed. Pub. L. 97–241, title V, § 505(a)(2), Aug. 24, 1982, 96 Stat. 299.]’’ DIPLOMATIC RELATIONS WITH FOREIGN GOVERNMENT NOT INDICATION OF APPROVAL OF SUCH GOVERNMENT Pub. L. 95–426, title VI, § 607, Oct. 7, 1978, 92 Stat. 988, provided that: ‘‘The Congress finds that the conduct of diplomatic relations with a foreign government has as its principal purpose the discussion and negotiation with that government of outstanding issues and, like the recognition of a foreign government, does not in itself imply approval of that government or of the po- litical-economic system it represents.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President respecting certain facilities constructed and maintained on United States borders delegated to Secretary of State, see Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, set out as a note under sec- tion 301 of Title 3, The President. EXECUTIVE ORDER NO. 13584 Ex. Ord. No. 13584, Sept. 9, 2011, 76 F.R. 56945, which related to developing an integrated strategic counterterrorism communications initiative and estab- lishing a temporary organization to support certain government-wide communications activities directed abroad, was revoked by Ex. Ord. No. 13721, § 2, Mar. 17, 2016, 81 F.R. 14685, set out below. EX. ORD. NO. 13721. DEVELOPING AN INTEGRATED GLOBAL ENGAGEMENT CENTER TO SUPPORT GOVERNMENT-WIDE COUNTERTERRORISM COMMUNICATIONS ACTIVITIES DI- RECTED ABROAD AND REVOKING EXECUTIVE ORDER 13584 Ex. Ord. No. 13721, Mar. 14, 2016, 81 F.R. 14685, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 2656 of title 22, United States Code, and section 3161 of title 5, United States Code, it is hereby ordered as follows: SECTION 1. Establishment of the Global Engagement Cen- ter. The Secretary of State (Secretary) shall establish the Global Engagement Center (Center) which shall lead the coordination, integration, and synchronization of Government-wide communications activities di- rected at foreign audiences abroad in order to counter the messaging and diminish the influence of inter- national terrorist organizations, including the Islamic State of Iraq and the Levant (ISIL), al Qa’ida, and other violent extremists abroad, with specific respon- sibilities as set forth in section 3 of this order. The ex- ecutive director of the Center shall be the Special Envoy and Coordinator for Global Engagement Commu- nications (Coordinator), who shall report to the Sec- retary through the Under Secretary of State for Public Diplomacy. SEC. 2. Revocation. Executive Order 13584 of Sep- tember 9, 2011 (Developing an Integrated Strategic Counterterrorism Communications Initiative and Es- tablishing a Temporary Organization to Support Cer- tain Government-Wide Communications Activities Di- rected Abroad), is revoked. SEC. 3. Responsibilities Assigned to the Center. Recog- nizing the need for innovation and new approaches to counter the messaging and diminish the influence of international terrorist organizations, including ISIL, al Qa’ida, and other violent extremists abroad, and in order to protect the vital national interests of the United States, while also recognizing the importance of protections for freedom of expression, including those under the First Amendment to the Constitution of the United States and international human rights obliga- tions, the responsibilities and functions of the Center shall include the following: (a) coordinating, integrating, and synchronizing all public communications of the United States Govern- ment directed toward foreign audiences abroad in order to counter the messaging and diminish the influence of Page 1089 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 international terrorist organizations and other violent extremists abroad; (b) developing and promulgating throughout the ex- ecutive branch, on the basis of rigorous research and modern data analysis, the U.S. strategic counterterrorism narratives, guidance, and associated communications strategies directed toward foreign au- diences abroad in order to counter the messaging and diminish the influence of international terrorist orga- nizations and other violent extremists abroad; (c) consulting and engaging, in coordination with agencies and the Countering Violent Extremism Task Force, as appropriate, with a range of communications- related actors and entities, within the United States and abroad, including governments, private sector and civil society entities, in order to contribute to U.S. Government efforts to counter the communications-re- lated radicalization to violence and recruitment activi- ties of international terrorist organizations and other violent extremists abroad, while also building the ca- pacity of partners to create resonant positive alter- native narratives and to diminish the influence of such international terrorist organizations and other violent extremists abroad; (d) identifying, engaging, employing, or acquiring the best available talent across the U.S. and from global private sectors, academia, and elsewhere to support the Center’s mission; (e) identifying shortfalls in any U.S. capabilities in any areas relevant to the Center’s mission and imple- menting or recommending, as appropriate, necessary enhancements or changes; and (f) developing, supporting, and sustaining networks of governmental and non-governmental partners, to pro- vide original content and disseminate messaging prod- ucts to foreign audiences abroad and to create, develop, and sustain effective positive alternative narratives consistent with U.S. policy objectives. SEC. 4. Establishment of a Steering Committee. The Sec- retary shall establish a Steering Committee composed of senior representatives of agencies relevant to the Center’s mission to provide advice to the Secretary on the operations and strategic orientation of the Center and to ensure adequate support for the Center. The Steering Committee shall be chaired by the Under Sec- retary of State for Public Diplomacy. The Steering Committee shall include one senior representative des- ignated by the head of each of the following agencies: the Department of Defense, the Department of Justice, the Department of Homeland Security, the Department of the Treasury, the Small Business Administration, the National Counterterrorism Center, the Joint Chiefs of Staff, the Counterterrorism Center of the Central In- telligence Agency, the Broadcast Board of Governors, and the United States Agency for International Devel- opment. Other agencies may be invited to participate in the Steering Committee at the discretion of the Chair. SEC. 5. Interagency Support. Agencies are hereby di- rected, consistent with budget priorities and mission constraints, upon request by the Secretary and to the extent permitted by law and consistent with the need to protect intelligence and law enforcement sources, methods, operations, and investigations, to provide to the Center, and the Center is authorized to use, for the purpose of carrying out the responsibilities outlined in this order: (a) details or assignments of personnel, which shall be based on reasonable requests in light of the need for specific domain expertise, and after consultation with the relevant agency to ensure that such requests align with their authorities and resources; (b) the use of physical premises, equipment, and logistical or administrative support; (c) relevant information, research, intelligence, and analysis; and (d) such other resources and assistance as the Coordi- nator may request for the purpose of carrying out the responsibilities outlined in this order. SEC. 6. Establishment of a Temporary Organization. (a) There is established within the Department of State, in accordance with section 3161 of title 5, United States Code, a temporary organization to be known as the Global Engagement Center Coordination Office (GECCO). (b) The purpose of the GECCO shall be to perform the specific project of providing technical, marketing, management, and operational support to the Center in its efforts to build and maintain a network of partners outside the U.S. Government, including private sector entities and non-governmental organizations, and to develop research and analytics to enable measurement and evaluation of the activities of the Center and re- lated activities conducted by other agencies. (c) In carrying out the purposes set forth in sub- section (b) of this section, the GECCO shall: (i) provide technical, marketing, management, and operational support for the management of contracts, grants, and cooperative agreements; (ii) assist the Center in building and maintaining partnerships with private sector entities, non-govern- mental organizations, and others as appropriate in sup- port of the Center’s mission; (iii) design and develop sustained campaigns, in co- ordination with and primarily for use by private sector entities and non-governmental organizations, on spe- cific areas of interest to foreign audiences abroad in support of the Center’s mission; (iv) conduct or commission baseline research to es- tablish the basis for evaluation of the activities of the Center and related activities conducted by other agen- cies; (v) develop analytical models and metrics, consistent with the Center’s responsibilities, in order to enable measurement and evaluation of the activities of the Center in coordinating effective strategies to counter the messaging and diminish the influence of inter- national terrorist organizations and other violent ex- tremists abroad, and related activities conducted by other agencies; and (vi) perform such other functions related to the spe- cific project set forth in subsection (b) of this section as the Secretary may assign. (d) The GECCO shall be headed by the Coordinator. Its staff may include, as determined by the Coordi- nator: (1) personnel with relevant expertise detailed on a non-reimbursable basis from other agencies; (2) senior and other technical advisers; (3) executive-level per- sonnel; and (4) such other personnel as the Secretary may request to support the GECCO. To accomplish this mission, the heads of agencies shall, upon request, pro- vide to the GECCO, on a non-reimbursable basis, assist- ance, services, and other support including but not lim- ited to logistical and administrative support and de- tails of personnel to the extent permitted by law. Non- reimbursable details to the GECCO shall be based on reasonable requests from the Coordinator in light of the need for specific expertise, and after consultation with the relevant agency, to the extent permitted by law. (e) The GECCO shall terminate at the end of the max- imum period permitted by section 3161(a)(1) of title 5, United States Code, unless sooner terminated by the Secretary consistent with section 3161(a)(2) of such title. (f) The termination of the GECCO as required by sub- section (e) of this section shall not be interpreted to imply the termination, attenuation or amendment of any other authority or provision of this order. SEC. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an agency, or the head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- Page 1090 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. EX. ORD. NO. 14089. ESTABLISHING THE PRESIDENT’S AD- VISORY COUNCIL ON AFRICAN DIASPORA ENGAGEMENT IN THE UNITED STATES Ex. Ord. No. 14089, Dec. 13, 2022, 87 F.R. 77459, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the dialogue be- tween United States officials and the African Diaspora by elevating engagement through collaboration, part- nership, and community-building among the United States, Africa, and other nations globally, it is hereby ordered as follows: SECTION 1. Policy. The United States has a long- standing commitment to engagement with the African Diaspora—people of native African origin living outside the African continent, and who have been collectively described as constituting the sixth region of the Afri- can Union. The African Diaspora in the United States is a source of strength, and encompasses African Amer- icans—including descendants of enslaved Africans—and nearly two million African immigrants who have close familial, social, and economic connections to the Afri- can continent. African Americans have been foundational to strengthening United States-Africa re- lations and in shaping United States foreign policy to- ward Africa—including by actively advocating on the African continent’s behalf, even as they struggled for civil rights in the United States. The African immi- grant community continues to make significant con- tributions to America’s growth and prosperity. The United States Government encourages efforts to ad- vance equity and opportunity for the African Diaspora in the United States, and will continue to encourage ef- forts to strengthen cultural, social, political, and eco- nomic ties between African communities, the global African Diaspora, and the United States. In August 2022, my Administration released the U.S. Strategy Toward Sub-Saharan Africa, which outlines our foreign policy objectives to bolster relations with African nations, listen to diverse local voices, and widen the circle of engagement to advance our stra- tegic objectives for the benefit of both Africans and Americans. SEC. 2. Establishment of the President’s Advisory Council on African Diaspora Engagement in the United States. Within 180 days of the date of this order [Dec. 13, 2022], the Secretary of State shall establish the President’s Advisory Council on African Diaspora Engagement in the United States (Advisory Council) within the De- partment of State. SEC. 3. Membership. (a) The Advisory Council shall consist of not more than 12 members, appointed by the Secretary of State, who are representatives of and re- flect the diversity of the African Diaspora from African American and African immigrant communities, includ- ing individuals who have distinguished themselves in government, sports, creative industries, business, aca- demia, social work, and faith-based activities. Appoint- ments to the Advisory Council shall be made without regard to political affiliation. (b) Members of the Advisory Council shall serve for 2- year terms without compensation or reimbursement. (c) The Secretary of State shall designate one of the members of the Advisory Council to serve as Chair. (d) The Secretary of State shall designate a senior of- ficer or employee of the Department of State to serve as Executive Director of the Advisory Council. SEC. 4. Functions. (a) The Advisory Council shall ad- vise the President, through the Secretary of State, and then through the Assistant to the President for Na- tional Security Affairs (APNSA) and the Assistant to the President for Domestic Policy (APDP), on strength- ening connections between the United States Govern- ment and the African Diaspora in the United States, as described in the U.S. Strategy Toward Sub-Saharan Af- rica. (b) In providing the advice described in subsection (a) of this section, the Advisory Council shall provide in- formation, analysis, and recommendations that address the following, in addition to other topics deemed rel- evant by the Secretary of State, in coordination with the APNSA and the APDP: (i) strategies to advance equity and opportunity for African Diaspora communities, including through ef- forts coordinated by the Domestic Policy Council under Executive Order 13985 of January 20, 2021 (Advancing Racial Equity and Support for Underserved Commu- nities Through the Federal Government) [5 U.S.C. 601 note]; (ii) ways to support the United Nations’ Permanent Forum on People of African Descent; (iii) programs and initiatives to strengthen cultural, social, political, and economic ties between African communities, the global African Diaspora, and the United States, such as the Young African Leaders Ini- tiative, and address challenges and opportunities to ad- vance inclusion, belonging, and public awareness of the diversity, accomplishments, culture, and history of the African Diaspora; (iv) programs and initiatives, such as the Inter- national Visitor Leadership Program, to expand edu- cational exchange programs between Africa and the United States; (v) programs and initiatives to increase public- and private-sector collaboration and community involve- ment in improving the socioeconomic well-being of Af- rican Diaspora communities; and (vi) programs and initiatives, such as Prosper Africa, to increase participation of members of the African Di- aspora in the United States with regard to trade, in- vestment, economic growth, and development programs relating to Africa. SEC. 5. Administration. (a) The Department of State shall provide funding and administrative support for the Advisory Council, to the extent permitted by law and within existing appropriations. (b) The Advisory Council shall meet in plenary ses- sion on a quarterly basis, at a minimum, or more fre- quently as necessary. SEC. 6. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] (the ‘‘Act’’), may apply to the Advisory Council, any functions of the President under the Act, except for those in section 6 of the Act [see 5 U.S.C. 1005], shall be performed by the Secretary of State in accordance with the guidelines issued by the Administrator of General Services. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. EXTENSION OF TERM OF PRESIDENT’S ADVISORY COUNCIL ON AFRICAN DIASPORA ENGAGEMENT IN THE UNITED STATES Term of President’s Advisory Council on African Di- aspora Engagement in the United States 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. Page 1091 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656 PRESIDENTIAL CERTIFICATION AUTHORIZING SECURITY ASSISTANCE TO EAST TIMOR Determination of President of the United States, No. 2003–19, Mar. 28, 2003, 68 F.R. 16167, provided: Memorandum for the Secretary of State Pursuant to the authority vested in me by the Con- stitution and laws of the United States, including sec- tion 637(b)(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 [Pub. L. 107–228, § 637(b)(2), set out above], I hereby certify that East Timor has estab- lished an independent armed forces; and that the provi- sion to East Timor of military assistance in the form of excess defense articles and international military education and training is in the national security in- terests of the United States, and will promote both human rights in East Timor and the professionalization of the armed forces of East Timor. You are hereby authorized and directed to report this certification, accompanying memorandum of justifica- tion [not set out in the Code], and report on East Timor security assistance to the Congress, and to arrange for the publication of this memorandum in the Federal Register. GEORGE W. BUSH. NATIONAL SECURITY MEMORANDUM–4—ADVANCING THE HUMAN RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND INTERSEX PERSONS AROUND THE WORLD National Security Memorandum–4, Feb. 4, 2021, 86 F.R. 11843, provided: Memorandum for the Secretary of State[,] the Sec- retary of the Treasury[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Agriculture[,] the Secretary of Commerce[,] the Secretary of Labor[,] the Secretary of Health and Human Services[,] the Sec- retary of Homeland Security[,] the United States Trade Representative[,] the Assistant to the President for Na- tional Security Affairs[,] the Assistant to the President and Counsel to the President[,] the Administrator of the United States Agency for International Development[, and] the Chief Executive Officer, Millen- nium Challenge Corporation This memorandum reaffirms and supplements the principles established in the Presidential Memorandum of December 6, 2011 (International Initiatives to Ad- vance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons). That memorandum, for the first time, directed agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and pro- tect the human rights of lesbian, gay, bisexual, and transgender persons everywhere. This memorandum builds upon that historic legacy and updates the 2011 Memorandum. All human beings should be treated with respect and dignity and should be able to live without fear no mat- ter who they are or whom they love. Around the globe, including here at home, brave lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists are fighting for equal protection under the law, free- dom from violence, and recognition of their funda- mental human rights. The United States belongs at the forefront of this struggle—speaking out and standing strong for our most dearly held values. It shall be the policy of the United States to pursue an end to discrimination on the basis of sexual orientation, gender identity or ex- pression, or sex characteristics, and to lead by the power of our example in the cause of advancing the human rights of LGBTQI+ persons around the world. By this memorandum I am directing all agencies en- gaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBTQI+ persons. Specifically, I direct the following actions, consistent with applicable law: SECTION 1. Combating Criminalization of LGBTQI+ Sta- tus or Conduct Abroad. Agencies engaged abroad are di- rected to strengthen existing efforts to combat the criminalization by foreign governments of LGBTQI+ status or conduct and expand efforts to combat dis- crimination, homophobia, transphobia, and intolerance on the basis of LGBTQI+ status or conduct. The De- partment of State shall, on an annual basis and as part of the annual report submitted to the Congress pursu- ant to sections 116(d) and 502B(b) of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), report on human rights abuses experienced by LGBTQI+ per- sons globally. This reporting shall include anti- LGBTQI+ laws as well as discrimination and violence committed by both state and non-state actors against LGBTQI+ persons. SEC. 2. Protecting Vulnerable LGBTQI+ Refugees and Asylum Seekers. LGBTQI+ persons who seek refuge from violence and persecution face daunting challenges. In order to improve protection for LGBTQI+ refugees and asylum seekers at all stages of displacement, the De- partments of State and Homeland Security shall en- hance their ongoing efforts to ensure that LGBTQI+ refugees and asylum seekers have equal access to pro- tection and assistance, particularly in countries of first asylum. In addition, the Departments of State, Justice, and Homeland Security shall ensure appropriate train- ing is in place so that relevant federal government per- sonnel and key partners can effectively identify and re- spond to the particular needs of LGBTQI+ refugees and asylum seekers, including by providing to them ade- quate assistance and ensuring that the Federal Govern- ment takes all appropriate steps, such as potential in- creased use of Embassy Priority–1 referrals, to identify and expedite resettlement of highly vulnerable persons with urgent protection needs. SEC. 3. Foreign Assistance to Protect Human Rights and Advance Nondiscrimination. Agencies involved with for- eign aid, assistance, and development programs shall enhance their ongoing efforts to ensure regular federal government engagement with governments, citizens, civil society, and the private sector in order to build re- spect for the human rights of LGBTQI+ persons and combat discrimination. Agencies involved with foreign aid, assistance, and development programs should con- sider the impact of programs funded by the federal gov- ernment on human rights, including the rights of LGBTQI+ persons, when making funding decisions, as appropriate and consistent with applicable law. SEC. 4. Swift and Meaningful U.S. Responses to Human Rights Abuses of LGBTQI+ Persons Abroad. The Depart- ment of State shall lead a standing group, with appro- priate interagency representation, to help ensure the federal government’s swift and meaningful response to serious incidents that threaten the human rights of LGBTQI+ persons abroad. When foreign governments move to restrict the rights of LGBTQI+ persons or fail to enforce legal protections in place, thereby contrib- uting to a climate of intolerance, agencies engaged abroad shall consider appropriate responses, including using the full range of diplomatic tools and, as appro- priate, sanctions, visa bans, and other actions. SEC. 5. Building Coalitions of Like-Minded Nations and Engaging International Organizations in the Fight Against LGBTQI+ Discrimination. Bilateral relationships with allies and partners, as well as multilateral fora and international organizations, are key vehicles to pro- mote respect for and protection of the human rights of LGBTQI+ persons and to bring global attention to these goals. Agencies engaged abroad should strengthen the work they have done and initiate additional efforts with other nations, bilaterally and within multilateral fora and international organizations, to: counter dis- crimination on the basis of LGBTQI+ status or con- duct; broaden the number of countries willing to sup- port and defend the human rights of LGBTQI+ persons; strengthen the role, including in multilateral fora, of civil society advocates on behalf of the human rights of LGBTQI+ persons; and strengthen the policies and pro- gramming of multilateral institutions, including with respect to protecting vulnerable LGBTQI+ refugees and asylum seekers. SEC. 6. Rescinding Inconsistent Policies and Reporting on Progress. Within 100 days of the date of this memo- Page 1092 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656a randum [Feb. 4, 2021] or as soon as possible thereafter, all agencies engaged abroad shall review and, as appro- priate and consistent with applicable law, take steps to rescind any directives, orders, regulations, policies, or guidance inconsistent with this memorandum, includ- ing those issued from January 20, 2017, to January 20, 2021, to the extent that they are inconsistent with this memorandum. The heads of such agencies shall also, within 100 days of the date of this memorandum, report to the President on their progress in implementing this memorandum and recommend additional opportunities and actions to advance the human rights of LGBTQI+ persons around the world. Agencies engaged abroad shall each prepare a report within 180 days of the date of this memorandum, and annually thereafter, on their progress toward advancing these initiatives. All such agencies shall submit these reports to the Department of State, which will compile a report on the federal government’s progress in advancing these initiatives for transmittal to the President. The Department of State shall make a version of the compiled annual re- port available to the Members of the Congress and the public. SEC. 7. Definitions. (a) For the purposes of this memo- randum, agencies engaged abroad include the Depart- ments of State, the Treasury, Defense, Justice, Agri- culture, Commerce, Labor, Health and Human Services, and Homeland Security, the United States Agency for International Development (USAID), the United States International Development Finance Corporation (DFC), the Millennium Challenge Corporation, the Export-Im- port Bank of the United States, the Office of the United States Trade Representative, and such other agencies as the President may designate. (b) For the purposes of this memorandum, agencies involved with foreign aid, assistance, and development programs include the Departments of State, the Treas- ury, Defense, Justice, Agriculture, Commerce, Labor, Health and Human Services, and Homeland Security, USAID, DFC, the Millennium Challenge Corporation, the Export-Import Bank of the United States, the Of- fice of the United States Trade Representative, and such other agencies as the President may designate. SEC. 8. General Provisions. (a) Nothing in this order shall be construed to impair, or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. § 2656a. Congressional declaration of findings of major significance of modern scientific and technological advances in foreign policy The Congress finds that— (1) the consequences of modern scientific and technological advances are of such major sig- nificance in United States foreign policy that understanding and appropriate knowledge of modern science and technology by officers and employees of the United States Government are essential in the conduct of modern diplo- macy; (2) many problems and opportunities for de- velopment in modern diplomacy lie in sci- entific and technological fields; (3) in the formulation, implementation, and evaluation of the technological aspects of United States foreign policy, the United States Government should seek out and con- sult with both public and private industrial, academic, and research institutions concerned with modern technology; and (4) the effective use of science and tech- nology in international relations for the mu- tual benefit of all countries requires the devel- opment and use of the skills and methods of long-range planning. (Pub. L. 95–426, title V, § 501, Oct. 7, 1978, 92 Stat. 982.) § 2656b. Congressional declaration of policy re- garding consequences of science and tech- nology on conduct of foreign policy In order to maximize the benefits and to mini- mize the adverse consequences of science and technology in the conduct of foreign policy, the Congress declares the following to be the policy of the United States: (1) Technological opportunities, impacts, changes, and threats should be anticipated and assessed, and appropriate measures should be implemented to influence such technological developments in ways beneficial to the United States and other countries. (2) The mutually beneficial applications of technology in bilateral and multilateral agree- ments and activities involving the United States and foreign countries or international organizations should be recognized and sup- ported as an important element of United States foreign policy. (3) The United States Government should implement appropriate measures to insure that individuals are trained in the use of science and technology as an instrument in international relations and that officers and employees of the United States Government engaged in formal and informal exchanges of scientific and technical information, per- sonnel, and hardware are knowledgeable in international affairs. (4) In recognition of the environmental and technological factors that change relations among countries and in recognition of the growing interdependence between the domes- tic and foreign policies and programs of the United States, United States foreign policy should be continually reviewed by the execu- tive and legislative branches of the Govern- ment to insure appropriate and timely appli- cation of science and technology to the con- duct of United States foreign policy. (5) Federally supported international science and technology agreements should be nego- tiated to ensure that— (A) intellectual property rights are prop- erly protected; and (B) access to research and development op- portunities and facilities, and the flow of scientific and technological information, are, to the maximum extent practicable, eq- uitable and reciprocal. (Pub. L. 95–426, title V, § 502, Oct. 7, 1978, 92 Stat. 982; Pub. L. 100–418, title V, § 5171(a), Aug. 23, 1988, 102 Stat. 1452.)