22 U.S.C. § 2797 — Licensing

Page 1279 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2797 1 See References in Text note below. plies, or equipment under this section includes a program of testing or evaluation conducted sole- ly for the purpose of standardization, inter- changeability, or technical evaluation if the country to which the materials, supplies, or equipment are loaned agrees to provide the re- sults of the testing or evaluation to the United States without charge. (b) Reimbursement of consumed materials, etc. The materials, supplies, or equipment loaned to a country under this section may be expended or otherwise consumed in connection with any testing or evaluation program without a re- quirement for reimbursement of the United States if the Secretary— (1) determines that the success of the re- search, development, test, or evaluation de- pends upon expending or otherwise consuming the materials, supplies, or equipment loaned to the country; and (2) approves of the expenditure or consump- tion of such materials, supplies, or equipment. (c) Prohibitions The Secretary of Defense may not loan to a country under this section any material if the material is a strategic and critical material and if, at the time the loan is to be made, the quan- tity of the material in the National Defense Stockpile (provided for under section 98b of title 50) is less than the quantity of such material to be stockpiled, as determined by the President under section 98b(a) of title 50. (d) ‘‘NATO ally’’ defined For purposes of this section, the term ‘‘NATO ally’’ means a member country of the North At- lantic Treaty Organization (other than the United States). (Pub. L. 90–629, ch. 6, § 65, as added Pub. L. 100–456, div. A, title X, § 1003(a), Sept. 29, 1988, 102 Stat. 2038; amended Pub. L. 102–25, title VII, § 705(d)(2), Apr. 6, 1991, 105 Stat. 120; Pub. L. 104–164, title I, § 147(a)(3)(B), July 21, 1996, 110 Stat. 1435.) Editorial Notes AMENDMENTS 1996—Subsec. (d). Pub. L. 104–164 struck out ‘‘or major non-NATO’’ after ‘‘NATO’’ and ‘‘or a foreign country other than a member nation of NATO designated as a major non-NATO ally under section 2350a(i)(3) of title 10’’ after ‘‘(other than the United States)’’. 1991—Subsec. (d). Pub. L. 102–25 substituted ‘‘section 2350a(i)(3) of title 10’’ for ‘‘section 2767a of this title’’. SUBCHAPTER VII—CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECH- NOLOGY § 2797. Licensing (a) Establishment of list of controlled items The Secretary of State, in consultation with the Secretary of Defense and the heads of other appropriate departments and agencies, shall es- tablish and maintain, as part of the United States Munitions List, a list of all items on the MTCR Annex the export of which is not con- trolled under section 4605(l) 1 of title 50. (b) Referral of license applications (1) A determination of the Secretary of State to approve a license for the export of an item on the list established under subsection (a) may be made only after the license application is re- ferred to the Secretary of Defense. (2) Within 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary of State shall provide to the Secretary of Defense and the Secretary of Commerce the license applica- tion and accompanying documents issued to the applicant, to the extent that the relevant Sec- retary indicates the need to receive such appli- cation and documents. (c) Information sharing The Secretary of State shall establish a proce- dure for sharing information with appropriate officials of the intelligence community, as de- termined by the Director of Central Intel- ligence, and with other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology. (d) Exports to space launch vehicle programs Within 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this chapter pursuant to United States obligations under the Missile Technology Control Regime and are goods or services that are intended to support the design, utilization, development, or production of a space launch vehicle system listed in Category I of the MTCR Annex, the Secretary shall trans- mit to the Congress a report describing the li- censed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation pol- icy. The requirement contained in the preceding sentence shall not apply to licenses for exports to countries that were members of the MTCR as of April 17, 1987. (Pub. L. 90–629, ch. 7, § 71, as added Pub. L. 101–510, div. A, title XVII, § 1703, Nov. 5, 1990, 104 Stat. 1745; amended Pub. L. 103–236, title VII, §§ 714(a)(3)–(6), 735(c), Apr. 30, 1994, 108 Stat. 497, 506; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(a)(4)–(7), Oct. 21, 1998, 112 Stat. 2681–773; Pub. L. 106–280, title VII, § 708(c), Oct. 6, 2000, 114 Stat. 863.) Editorial Notes REFERENCES IN TEXT Section 4605(l) of title 50, referred to in subsec. (a), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. AMENDMENTS 2000—Subsec. (d). Pub. L. 106–280 substituted ‘‘Within 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this chapter Page 1280 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2797 pursuant to United States obligations under the Missile Technology Control Regime and are goods or services that are intended to support the design, utilization, de- velopment, or production of a space launch vehicle sys- tem listed in Category I of the MTCR Annex,’’ for ‘‘Within 15 days after the issuance of a license for the export of items valued at less than $14,000,000 that are controlled under this chapter pursuant to United States obligations under the Missile Technology Con- trol Regime and intended to support the design, devel- opment, or production of a space launch vehicle system listed in Category I of the MTCR Annex,’’. 1998—Subsec. (a). Pub. L. 105–277, § 1225(a)(4), struck out ‘‘, the Director of the Arms Control and Disar- mament Agency,’’ after ‘‘Secretary of Defense’’. Subsec. (b)(1). Pub. L. 105–277, § 1225(a)(5), struck out ‘‘and the Director of the United States Arms Control and Disarmament Agency’’ after ‘‘Secretary of De- fense’’. Subsec. (b)(2). Pub. L. 105–277, § 1225(a)(6), substituted ‘‘and the Secretary of Commerce’’ for ‘‘the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency’’ and struck out ‘‘or the Director’’ after ‘‘the relevant Secretary’’. Subsec. (c). Pub. L. 105–277, § 1225(a)(7), struck out ‘‘with the Director of the United States Arms Control and Disarmament Agency,’’ after ‘‘Director of Central Intelligence,’’. 1994—Subsec. (a). Pub. L. 103–236, § 714(a)(3), inserted ‘‘, the Director of the Arms Control and Disarmament Agency,’’ after ‘‘the Secretary of Defense’’. Subsec. (b)(1). Pub. L. 103–236, § 714(a)(4), inserted ‘‘and the Director of the United States Arms Control and Disarmament Agency’’ after ‘‘Secretary of De- fense’’. Subsec. (b)(2). Pub. L. 103–236, § 714(a)(5), substituted ‘‘, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency’’ for ‘‘and the Secretary of Commerce’’ and inserted ‘‘or the Director’’ after ‘‘relevant Secretary’’. Subsec. (c). Pub. L. 103–236, § 714(a)(6), inserted ‘‘with the Director of the United States Arms Control and Disarmament Agency,’’ after ‘‘Director of Central In- telligence,’’. Subsec. (d). Pub. L. 103–236, § 735(c), added subsec. (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME 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. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6511 of this title. POLICY AND SENSE OF CONGRESS ON NONPROLIFERATION OF BALLISTIC MISSILES Pub. L. 108–375, div. A, title XII, § 1212, Oct. 28, 2004, 118 Stat. 2087, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) Certain countries are seeking to acquire bal- listic missiles and related technologies that could be used to attack the United States or place at risk United States interests, deployed members of the Armed Forces, and allies of the United States and other friendly foreign countries. ‘‘(2) Certain countries continue to actively transfer or sell ballistic missile technologies in contravention of standards of behavior established by the United States and allies of the United States and other friendly foreign countries. ‘‘(3) The spread of ballistic missiles and related technologies worldwide has been slowed by a com- bination of national and international export con- trols, forward-looking diplomacy, and multilateral interdiction activities to restrict the development and transfer of such missiles and technologies. ‘‘(b) POLICY.—It is the policy of the United States to develop, support, and strengthen international accords and other cooperative efforts to curtail the prolifera- tion of ballistic missiles and related technologies which could threaten the territory of the United States, allies of the United States and other friendly foreign coun- tries, and deployed members of the Armed Forces of the United States with weapons of mass destruction. ‘‘(c) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) the United States should vigorously pursue for- eign policy initiatives aimed at eliminating, reduc- ing, or retarding the proliferation of ballistic missiles and related technologies; and ‘‘(2) the United States and the international com- munity should continue to support and strengthen es- tablished international accords and other cooperative efforts, including United Nations Security Council Resolution 1540 (April 28, 2004) and the Missile Tech- nology Control Regime, that are designed to elimi- nate, reduce, or retard the proliferation of ballistic missiles and related technologies.’’ MTCR REPORT TRANSMITTALS Pub. L. 106–280, title VII, § 704, Oct. 6, 2000, 114 Stat. 861, provided that: ‘‘For purposes of section 71(d) of the Arms Export Control Act (22 U.S.C. 2797(d)), the re- quirement that reports under that section shall be transmitted to the Congress shall be considered to be a requirement that such reports shall be transmitted to the Committee on International Relations [now Com- mittee on Foreign Affairs] of the House of Representa- tives and the Committee on Foreign Relations and the Committee on Banking, Housing and Urban Affairs of the Senate.’’ REPORT ON MISSILE PROLIFERATION Pub. L. 101–510, div. A, title XVII, § 1704, Nov. 5, 1990, 104 Stat. 1749, directed President to submit to Congress reports on international transfers of aircraft which the Secretary had reason to believe may be intended to be used for delivery of nuclear, biological, or chemical weapons and international transfers of MTCR equip- ment or technology to any country seeking to acquire such equipment or technology, and which provided for contents of reports, countries excluded from such re- ports, classification of information, and definitions, prior to repeal by Pub. L. 102–190, div. A, title X, § 1097(g), Dec. 5, 1991, 105 Stat. 1491. Executive Documents DELEGATION OF FUNCTIONS Memorandum of President of the United States, June 25, 1991, 56 F.R. 31041, which provided for delegation of certain functions of the President, was superseded by Ex. Ord. No. 12851, § 7, June 11, 1993, 58 F.R. 33181, set out below. EX. ORD. NO. 12851. ADMINISTRATION OF PROLIFERATION SANCTIONS, MIDDLE EAST ARMS CONTROL, AND RE- LATED CONGRESSIONAL REPORTING RESPONSIBILITIES Ex. Ord. No. 12851, June 11, 1993, 58 F.R. 33181, as amended by Ex. Ord. No. 13883, § 3, Aug. 1, 2019, 84 F.R. 38113, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Page 1281 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2797 Code; sections 1701–1703 of the National Defense Au- thorization Act for Fiscal Year 1991, Public Law 101–510 (50 U.S.C. App. 2402 note, 2405, 2410b [now 50 U.S.C. 4602 note, former 4605, former 4612]; 22 U.S.C. 2797–2797c); sections 303, 324 [105 Stat. 708, 711], and 401–405 [22 U.S.C. 2778 note] of the Foreign Relations Authoriza- tion Act, Fiscal Years 1992 and 1993, Public Law 102–138; sections 305–308 of the Chemical and Biological Weap- ons Control and Warfare Elimination Act of 1991, Pub- lic Law 102–182 (50 U.S.C. App. 2410c [now 50 U.S.C. 4613]; 22 U.S.C. 2798, 5604–5606); sections 241 [105 Stat. 1326] and 1097 [former 22 U.S.C. 2751 note] of the National Defense Authorization Act for Fiscal Years 1992 and 1993, Public Law 102–190; and section 1364 of the National Defense Authorization Act for Fiscal Year 1993, Public Law 102–484 [106 Stat. 2561], I hereby order as follows: SECTION 1. Chemical and Biological Weapons Prolifera- tion and Use Sanctions. (a) Chemical and Biological Weap- ons Proliferation. The authority and duties vested in me by section 81 of the Arms Export Control Act, as amended (‘‘AECA’’) (22 U.S.C. 2798), and section 11C of the Export Administration Act of 1979, as amended (‘‘EAA’’) (50 U.S.C. App. 2410c) [now 50 U.S.C. 4613], are delegated to the Secretary of State, except that: (1) The authority and duties vested in me to deny cer- tain United States Government contracts, as provided in section 81(c)(1)(A) of the AECA and section 11C(c)(1)(A) of the EAA, pursuant to a determination made by the Secretary of State under section 81(a)(1) of the AECA or section 11C(a)(1) of the EAA, as well as the authority and duties vested in me to make the deter- minations provided for in section 81(c)(2) of the AECA and section 11C(c)(2) of the EAA are delegated to the Secretary of Defense. The Secretary of Defense shall notify the Secretary of the Treasury of determinations made pursuant to section 81(c)(2) of the AECA and sec- tion 11(c)(2) [11C(c)(2)] of the EAA. (2) The authority and duties vested in me to prohibit certain imports as provided in section 81(c)(1)(B) of the AECA and section 11C(c)(1)(B) of the EAA, pursuant to a determination made by the Secretary of State under section 81(a)(1) of the AECA or section 11C(a)(1) of the EAA, and the obligation to implement the exceptions provided in section 81(c)(2) of the AECA and section 11C(c)(2) of the EAA, insofar as the exceptions affect imports of goods into the United States, are delegated to the Secretary of the Treasury. (b) Chemical and Biological Weapons Use. The author- ity and duties vested in me by sections 306–308 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604–5606) are dele- gated to the Secretary of State, except that: (1) The authority and duties vested in me to restrict certain imports as provided in section 307(b)(2)(D) [22 U.S.C. 5605(b)(2)(D)], pursuant to a determination made by the Secretary of State under section 307(b)(1), are delegated to the Secretary of the Treasury. (2) The Secretary of State shall issue, transmit to the Congress, and notify the Secretary of the Treasury of, as appropriate, waivers based upon findings made pur- suant to section 307(d)(1)(A)(ii). (3) The authority and duties vested in me to prohibit certain exports as provided in section 307(a)(5) and sec- tion 307(b)(2)(C), pursuant to a determination made by the Secretary of State under section 306(a)(1) and sec- tion 307(b)(1), are delegated to the Secretary of Com- merce. (4) The authorities and duties vested in me to oppose certain multilateral development bank assistance and to prohibit certain bank loans as provided in section 307(b)(2)(A)–(B), pursuant to a determination made by the Secretary of State under section 307(b)(1), are dele- gated to the Secretary of the Treasury. (c) Coordination Among Agencies. The Secretaries des- ignated in this section shall exercise all functions dele- gated to them by this section in consultation with the Secretary of State, the Secretary of Defense, the Sec- retary of the Treasury, the Secretary of Commerce, the Director of the Arms Control and Disarmament Agen- cy, and other departments and agencies as appropriate, utilizing the appropriate interagency groups prior to any determination to exercise the prohibition author- ity delegated hereby. SEC. 2. Missile Proliferation Sanctions. (a) Arms Export Control Act. The authority and duties vested in me by sections 72–73 of the AECA (22 U.S.C. 2797a–2797b) are delegated to the Secretary of State, except that: (1) The authority and duties vested in me by section 72(a)(1) to make determinations with respect to viola- tions by United States persons of the EAA [50 U.S.C. 4601 et seq.] are delegated to the Secretary of Com- merce. (2) The authority and duties vested in me to deny cer- tain United States Government contracts as provided in sections 73(a)(2)(A)(i) and 73(a)(2)(B)(i), pursuant to a determination made by the Secretary of State under section 73(a)(1), as well as the authority and duties vested in me to make the findings provided in sections 72(c), 73(f), and 73(g)(1), are delegated to the Secretary of Defense. The Secretary of State shall issue, transmit to the Congress, and notify the Secretary of the Treas- ury of, as appropriate, any waivers based upon findings made pursuant to sections 72(c) and 73(f). (3) The authority and duties vested in me to prohibit certain imports as provided in section 73(a)(2)(C), pur- suant to a determination made by the Secretary of State under that section, and the obligation to imple- ment the exceptions provided in section 73(g), are dele- gated to the Secretary of the Treasury. (b) Export Administration Act. The authority and du- ties vested in me by section 11B of the EAA (50 U.S.C. App. 2410b) [now 50 U.S.C. 4612] are delegated to the Secretary of Commerce, except that: (1) The authority and duties vested in me by sections 11B(a)(1)(A) (insofar as such section authorizes deter- minations with respect to violations by United States persons of the AECA [22 U.S.C. 2751 et seq.]), 11B(b)(1) (insofar as such section authorizes determinations re- garding activities by foreign persons), and 11B(b)(5) are delegated to the Secretary of State. (2) The authority and duties vested in me to make the findings provided in sections 11B(a)(3), 11B(b)(6), and 11B(b)(7)(A) are delegated to the Secretary of De- fense. The Secretary of Commerce shall issue, transmit to the Congress, and notify the Secretary of the Treas- ury of, as appropriate, waivers based upon findings made pursuant to section 11B(a)(3). The Secretary of State shall issue, transmit to the Congress, and notify the Secretary of the Treasury of, as appropriate, waiv- ers based upon findings made pursuant to section 11B(b)(6). (3) The authority and duties vested in me to prohibit certain imports as provided in section 11B(b)(1), pursu- ant to a determination by the Secretary of State under that section, and the obligation to implement the ex- ceptions provided in section 11B(b)(7), are delegated to the Secretary of the Treasury. (c) Reporting Requirements. The authority and duties vested in me to make certain reports to the Congress as provided in section 1097 of the National Defense Au- thorization Act for Fiscal Years 1992 and 1993 [former 22 U.S.C. 2751 note] and section 1364 of the National De- fense Authorization Act for Fiscal Year 1993 [Pub. L. 102–484, 106 Stat. 2561] are delegated to the Secretary of State. (d) Coordination Among Agencies. The Secretaries des- ignated in this section shall exercise all functions dele- gated to them by this section in consultation with the Secretary of State, the Secretary of Defense, the Sec- retary of the Treasury, the Secretary of Commerce, the Director of the Arms Control and Disarmament Agen- cy, and other departments and agencies as appropriate, utilizing the appropriate interagency groups prior to any determination to exercise prohibition authority delegated hereby. SEC. 3. Arms Control in the Middle East. The certifi- cation and reporting functions vested in me by sections 403 and 404 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 [22 U.S.C. 2778 note], are dele- gated to the Secretary of State. The Secretary of State Page 1282 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2797a 1 See References in Text note below. 2 So in original. Probably should be followed by ‘‘section’’. shall exercise these functions in consultation with the Secretary of Defense and other agencies as appropriate. SEC. 4. China and Weapons Proliferation. The reporting functions regarding China and weapons proliferation vested in me by sections 303(a)(2) and 324 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 [Pub. L. 102–138, 105 Stat. 709, 711], are delegated to the Secretary of State. The Secretary of State shall exer- cise these functions in consultation with the Secretary of Defense and other agencies as appropriate. SEC. 5. Arrow Tactical Anti-Missile Program. The au- thority and duties vested in me to make certain certifi- cations as provided by section 241(b)(3)(C) of the Na- tional Defense Authorization Act for Fiscal Years 1992 and 1993 [Pub. L. 102–190, 105 Stat. 1327] are delegated to the Secretary of State. SEC. 6. Delegations. The functions delegated herein may be redelegated as appropriate. Regulations nec- essary to carry out the functions delegated herein may be issued as appropriate. SEC. 7. Priority. This order supercedes the Memo- randum of the President, ‘‘Delegation of Authority Re- garding Missile Technology Proliferation,’’ June 25, 1991. To the extent that this order is inconsistent with any provisions of any prior Executive order or Presi- dential memorandum, this order shall control. [For abolition, transfer of functions, and treatment of references to United States Arms Control and Disar- mament Agency, see section 6511 et seq. of this title.] § 2797a. Denial of transfer of missile equipment or technology by United States persons (a) Sanctions (1) If the President determines that a United States person knowingly— (A) exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 2778 of this title, section 4604 or 4605 1 of title 50 or any regulations or orders issued under any such provisions, (B) conspires to or attempts to engage in such export, transfer, or trade, or (C) facilitates such export, transfer, or trade by any other person, then the President shall impose the applicable sanctions described in paragraph (2). (2) The sanctions which apply to a United States person under paragraph (1) are the fol- lowing: (A) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person for a period of 2 years— (i) United States Government contracts re- lating to missile equipment or technology; and (ii) licenses for the transfer of missile equipment or technology controlled under this chapter. (B) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR, then the President shall deny to such United States person for a period of not less than 2 years— (i) all United States Government con- tracts, and (ii) all export licenses and agreements for items on the United States Munitions List. (b) Discretionary sanctions In the case of any determination made pursu- ant to subsection (a), the President may pursue any penalty provided in section 2778(c) of this title. (c) Presumption In determining whether to apply sanctions under subsection (a) to a United States person involved in the export, transfer, or trade of an item on the MTCR Annex, it should be a rebut- table presumption that such item is designed for use in a missile listed in the MTCR Annex if the President determines that the final destination of the item is a country the government of which the Secretary of State has determined, for purposes of 2 4605(j)(1)(A) 1 of title 50, has re- peatedly provided support for acts of inter- national terrorism. (d) Waiver The President may waive the imposition of sanctions under subsection (a) with respect to a product or service if the President certifies to the Congress that— (1) the product or service is essential to the national security of the United States; and (2) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or serv- ice cannot be met in a timely manner by im- proved manufacturing processes or techno- logical developments. (Pub. L. 90–629, ch. 7, § 72, as added Pub. L. 101–510, div. A, title XVII, § 1703, Nov. 5, 1990, 104 Stat. 1745; amended Pub. L. 103–236, title VII, § 734(a), Apr. 30, 1994, 108 Stat. 505.) Editorial Notes REFERENCES IN TEXT Sections 4604 and 4605 of title 50, referred to in sub- secs. (a)(1)(A) and (c), were repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. This chapter, referred to in subsec. (a)(2)(A)(ii), was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. AMENDMENTS 1994—Subsecs. (c), (d). Pub. L. 103–236 added subsec. (c) and redesignated former subsec. (c) as (d). Executive Documents DELEGATION OF FUNCTIONS For delegation of certain functions of the President under this section, see Ex. Ord. No. 12851, § 2(a), June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of this title.