22 U.S.C. § 2355 — Retention and use of certain items and

Page 834 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2355 REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293 References to part I of subchapter I of this chapter are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under sec- tion 2151–1 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2355. Retention and use of certain items and funds (a) Commodities and defense articles; disposal to prevent spoilage or wastage or to conserve usefulness; funds realized from disposal or transfer Any commodities and defense articles pro- cured to carry out this chapter shall be retained by, or upon reimbursement, transferred to, and for the use of, such agency of the United States Government as the President may determine in lieu of being disposed of to a foreign country or international organization, whenever in the judgment of the President the best interests of the United States will be served thereby, or whenever such retention is called for by concur- rent resolution. Any commodities or defense ar- ticles so retained may be disposed of without re- gard to provisions of law relating to the disposal of property owned by the United States Govern- ment, when necessary to prevent spoilage or wastage of such commodities or defense articles or to conserve the usefulness thereof. Funds re- alized from any disposal or transfer shall revert to the respective appropriation, fund, or account used to procure such commodities or defense ar- ticles or to the appropriation, fund, or account currently available for the same general pur- pose. (b) Commodities transferred as repayment of as- sistance Whenever commodities are transferred to the United States Government as repayment of as- sistance under this chapter, such commodities may be used in furtherance of the purposes and within the limitations of this chapter. (c) Funds realized as result of illegal trans- actions Funds realized as a result of any failure of a transaction financed under authority of sub- chapter I of this chapter to conform to the re- quirements of this chapter, or to applicable rules and regulations of the United States Gov- ernment, or to the terms of any agreement or contract entered into under authority of sub- chapter I of this chapter, shall revert to the re- spective appropriation, fund, or account used to finance such transaction or to the appropria- tion, fund, or account currently available for the same general purpose. (d) Funds realized from sale, transfer, or dis- posal of returned defense articles Funds realized by the United States Govern- ment from the sale, transfer, or disposal of de- fense articles returned to the United States Government by a recipient country or inter- national organization as no longer needed for the purpose for which furnished shall be credited to the respective appropriation, fund, or account used to procure such defense articles or to the appropriation, fund, or account currently avail- able for the same general purpose. (Pub. L. 87–195, pt. III, § 605, Sept. 4, 1961, 75 Stat. 440; Pub. L. 89–171, pt. III, § 301(a), Sept. 6, 1965, 79 Stat. 658.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (c), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. AMENDMENTS 1965—Subsecs. (c), (d). Pub. L. 89–171 added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2356. Patents and technical information (a) Practice of invention or disclosure of infor- mation; suits against United States for rea- sonable compensation; jurisdiction; limita- tion of action; defenses Whenever, in connection with the furnishing of assistance under this chapter— (1) an invention or discovery covered by a patent issued by the United States Govern- ment is practiced within the United States without the authorization of the owner, or (2) information, which is (A) protected by law, and (B) held by the United States Govern- ment subject to restrictions imposed by the owner, is disclosed by the United States Gov- ernment or any of its officers, employees, or agents in violation of such restrictions,