Action by Secretary
Withholding amount of unpaid claim from foreign assistance funds
22 U.S.C. 2151section 1979 of this titlesection 1973 of this titlesection 1977(c) of this titlesection 1977(a) of this titleIf a foreign country fails or refuses to make payment in full on any claim made under subsection (a)(2) of this section within one hundred and twenty days after the date on which such country is notified pursuant to subsection (a)(1) of this section, the Secretary of State shall transfer an amount equal to such unpaid claim or unpaid portion thereof from any funds appropriated by Congress and programed for the current fiscal year for assistance to the government of such country under the Foreign Assistance Act of 1961 [ et seq.] unless the President certifies to the Congress that it is in the national interest not to do so in the particular instance (and if such funds are insufficient to cover such claim, transfer shall be made from any funds so appropriated and programed for the next and any succeeding fiscal year) to (1) the Fishermen’s Protective Fund established pursuant to if the amount is transferred with respect to an unpaid claim for a reimbursement made under , or (2) the separate account established in the Treasury of the United States pursuant to if the amount is transferred with respect to an unpaid claim for a payment made under . Amounts transferred under this section shall not constitute satisfaction of any such claim of the United States against such foreign country.
Aug. 27, 1954, ch. 1018, § 568 Stat. 883Pub. L. 90–482, § 382 Stat. 730Pub. L. 92–569, § 386 Stat. 1182Pub. L. 98–364, title III, § 302(b)98 Stat. 444(, ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 87–19575 Stat. 424section 2151 of this titleThe Foreign Assistance Act of 1961, referred to in subsec. (b), is , , , which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 98–3641984—Subsec. (a)(1)(A). substituted “him” for “the Secretary of the Treasury”.
Pub. L. 92–569section 1973 of this titlesection 1977 of this title1972— substituted provisions that the Secretary of State notify the foreign country of reimbursements made under and payments made under , take appropriate action to make and collect claims against such foreign country and on failure to receive payment or on refusal to pay within 120 days after the notification, transfer an amount equal to the unpaid amount from funds programmed for assistance to that country to the Fishermen’s Protective Fund or the separate account in the Treasury as the case may be, and in the case of inadequate funds programmed in the current fiscal year make the deduction from succeeding fiscal years, with exception that no such transfer be made when the President certifies to Congress that it is in the national interest not to do so, for provisions that the Secretary of State take appropriate action to collect claims against such foreign country and withhold amounts equal to the unpaid claims from the foreign assistance programmed for that fiscal year when such country fails or refuses to pay within 120 days of receipt of notice of claim.
Pub. L. 90–482section 1977 of this title1968— inserted provisions authorizing the Secretary to act when payments are made pursuant to , and provisions authorizing the Secretary to withhold the amount of any unpaid claim against the foreign country from the foreign assistance funds programed for that country, such amounts withheld not to constitute satisfaction of any unpaid claim.
Statutory Notes and Related Subsidiaries
Effective Date of 1972 Amendment
Pub. L. 92–569section 6 of Pub. L. 92–569section 1972 of this titleAmendment by applicable with respect to seizures of vessels of the United States occurring on or after , see , set out as a note under .
Executive Documents
Ex. Ord. No. 11772. Delegation of Certain Authority of President to Secretary of State
Ex. Ord. No. 11772, , 39 F.R. 10879, provided:
22 U.S.C. 1971Section 301 of Title 322 U.S.C. 1975(b)22 U.S.C. 2151By virtue of the authority vested in me by the Fishermen’s Protective Act of 1967, as amended (, et seq.), and of the United States Code, and as President of the United States of America, the Secretary of State is hereby designated and empowered to exercise, without ratification, or other action of the President, the function conferred upon the President by Section 5(b) of the Fishermen’s Protective Act of 1967, as amended [], of certifying to the Congress that it is in the national interest not to transfer to the Fishermen’s Protective Fund or to the separate account established under the Act, pursuant to that Section, amounts appropriated by the Congress and programmed for assistance under the Foreign Assistance Act of 1961 [ et seq.].