International agreements
The Secretary of State may use funds available to the Secretary for the expenses of United States participation in arbitrations and other proceedings for the peaceful resolution of disputes under treaties or other international agreements.
Contracts abroad
The Secretary of State may use funds available to the Secretary for the expenses of United States participation in arbitrations arising under contracts authorized by law for the performance of services or acquisition of property, real or personal, abroad.
Procurement of services
The Secretary of State may use competitive procedures or procedures other than competitive procedures to procure the services of experts for use in preparing or prosecuting a proceeding before an international tribunal or a claim by or against a foreign government or other foreign entity, whether or not the expert is expected to testify, or to procure personal and other support services for such proceedings or claims. The Secretary need not provide any written justification for the use of procedures other than competitive procedures when procuring such services under this subsection and need not furnish for publication in the Commerce Business Daily or otherwise any notice of solicitation or synopsis with respect to such procurement.
International Litigation Fund
Establishment
In order to provide the Department of State with a dependable, flexible, and adequate source of funding for the expenses of the Department related to preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, there is established an International Litigation Fund (hereafter in this subsection referred to as the “ILF”). The ILF may be available without fiscal year limitation. Funds otherwise available to the Department for the purposes of this paragraph may be credited to the ILF.
Reprogramming procedures
section 2706 of this titleFunds credited to the ILF shall be treated as a reprogramming of funds under and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings. This paragraph shall not apply to the transfer of funds under paragraph (3).
Transfers of funds
49 Stat. 132122 U.S.C. 2661Funds received by the Department of State from another agency of the United States Government or pursuant to the Department of State Appropriations Act of 1937 (, ) to meet costs of preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, shall be credited to the ILF.
Use of funds
Funds deposited in the ILF shall be available only for the purposes of paragraph (1).
Retention of funds
In general
section 2668a of this titleTo reimburse the expenses of the United States Government in preparing or prosecuting a proceeding before an international tribunal, or a claim against a foreign government or other foreign entity, the Secretary may retain 1.5 percent of any amount between $100,000 and $5,000,000, and one percent of any amount over $5,000,000, received per claim under .
Treatment
Amounts retained under the authority of paragraph (1) shall be deposited into the fund under subsection (d).
Aug. 1, 1956, ch. 841Pub. L. 99–93, title I, § 12899 Stat. 419Pub. L. 103–236, title I, § 123108 Stat. 392Pub. L. 105–277, div. G112 Stat. 2681–812Pub. L. 107–228, div. A, title II, § 203116 Stat. 1362(, title I, § 38, as added , , ; amended , , ; , subdiv. B, title XXII, § 2212(b), , ; , , .)
Editorial Notes
References in Text
act May 15, 1936, ch. 40549 Stat. 1309Pub. L. 100–204, title I, § 142(b)101 Stat. 1350section 2661 of this titleThe Department of State Appropriations Act of 1937, referred to in subsec. (d)(3), probably means the Department of State Appropriation Act, 1937, which is title I of , . Provisions relating to acceptance by the Secretary of State of reimbursement for expenses incurred in pursuing certain private claims against foreign governments were added to that act by , , , and are classified to .
Section 2668a of this title22 U.S.C. 2668a29 Stat. 32Section 2668a of this title, referred to in subsec. (e)(1), was in the original “chapter 34 of the Act of (; )”. contains the only provisions of the Act which are classified to the Code.
Prior Provisions
section 128 of Pub. L. 99–93section 2651 of this titlePub. L. 102–138, title I, § 111(1)105 Stat. 654A prior section 38 of act , was renumbered section 39 by , and subsequently renumbered, and set out as a Short Title of 1956 Amendment note under , prior to repeal by , , .
Amendments
Pub. L. 107–2282002—Subsec. (e). added subsec. (e).
Pub. L. 105–2771998—Subsec. (c). inserted “personal and” before “other support services” in first sentence.
Pub. L. 103–2361994—Subsecs. (c), (d). added subsecs. (c) and (d).