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50 U.S.C. § 4601 — Repealed. Pub. L. 115–232, div. A, title

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50 U.S.C. § 4601 — Repealed. Pub. L. 115–232, div. A, title

§ 4601. Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232 Section, Pub. L. 96–72, § 2, Sept. 29, 1979, 93 Stat. 503; Pub. L. 99–64, title I, § 102, July 12, 1985, 99 Stat. 120; Pub. L. 103–199, title II, § 201(a), Dec. 17, 1993, 107 Stat. 2320, set forth Congressional findings with respect to the Export Administration Act of 1979. Section was formerly classified to section 2401 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. A prior section 2401 of the former Appendix to this title, Pub. L. 91–184, § 2, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 102, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, § 4(a), Oct. 29, 1974, 88 Stat. 1553, set forth find- ings of Congress with respect to the Export Adminis- tration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1985 AMENDMENT Pub. L. 99–64, § 1, July 12, 1985, 99 Stat. 120, provided that: ‘‘Titles I and II of this Act [enacting sections 4051 Page 1179 TITLE 50—WAR AND NATIONAL DEFENSE § 4601 to 4053 of Title 15, Commerce and Trade, section 1864 of Title 19, Customs Duties, and section 466c of Title 46, Appendix, Shipping, amending this section and sections 4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this title, sections 5314 and 5315 of Title 5, Government Or- ganization and Employees, sections 2304 and 2778 of Title 22, Foreign Relations and Intercourse, and section 185 of Title 30, Mineral Lands and Mining, and enacting provisions set out as notes under sections 4604, 4605, and 4617 of this title and section 5314 of Title 5] may be cited as the ‘Export Administration Amendments Act of 1985’.’’

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Page 1178 TITLE 50—WAR AND NATIONAL DEFENSE § 4601 ‘‘(2) RECOMMENDATIONS FOR MODIFICATIONS.—The interagency team shall submit to the President any recommendations for modifications of any existing or proposed memorandum of understanding between of- ficials acting on behalf of the United States and one or more foreign countries (or any instrumentality of a foreign country) relating to— ‘‘(A) research, development, or production of de- fense equipment; or ‘‘(B) the reciprocal procurement of defense items.’’ Executive Documents DELEGATION OF FUNCTIONS For directive to Secretary of Commerce to prepare and submit annual report required by this section, see section 702 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16658, set out as a note under section 4553 of this title. EX. ORD. NO. 13177. NATIONAL COMMISSION ON THE USE OF OFFSETS IN DEFENSE TRADE AND PRESIDENT’S COUNCIL ON THE USE OF OFFSETS IN COMMERCIAL TRADE Ex. Ord. No. 13177, Dec. 4, 2000, 65 F.R. 76558, as amended by Ex. Ord. No. 13316, § 3(f), Sept. 17, 2003, 68 F.R. 55256, provided: By the authority vested in the President by the Con- stitution and the laws of the United States of America, including Public Law 106–113 [see Tables for classifica- tion] and the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], and in order to implement section 1247 of Public Law 106–113 (113 Stat. 1501A–502) [set out in a note above] and to create a parallel ‘‘President’s Council on the Use of Offsets in Commercial Trade,’’ it is hereby ordered as follows: SECTION 1. Membership. Pursuant to Public Law 106–113, the ‘‘National Commission on the Use of Offsets in Defense Trade’’ (Commission) comprises 11 members appointed by the President with the concurrence of the Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the House of Rep- resentatives. The Commission membership includes: (a) representatives from the private sector, including one each from (i) a labor organization, (ii) a United States defense manufacturing company dependent on foreign sales, (iii) a United States company dependent on for- eign sales that is not a defense manufacturer, and (iv) a United States company that specializes in inter- national investment; (b) two members from academia with widely recognized expertise in international eco- nomics; and (c) five members from the executive branch, including a member from the: (i) Office of Man- agement and Budget, (ii) Department of Commerce, (iii) Department of Defense, (iv) Department of State, and (v) Department of Labor. The member from the Of- fice of Management and Budget will serve as Chair- person of the Commission and will appoint, and fix the compensation of, the Executive Director of the Com- mission. SEC. 2. Duties. The Commission will be responsible for reviewing and reporting on: (a) current practices by foreign governments in requiring offsets in purchasing agreements and the extent and nature of offsets offered by United States and foreign defense industry contrac- tors; (b) the impact of the use of offsets on defense sub- contractors and nondefense industrial sectors affected by indirect offsets; and (c) the role of offsets, both di- rect and indirect, on domestic industry stability, United States trade competitiveness, and national se- curity. SEC. 3. Commission Report. Not later than 12 months after the Commission is established, it will report to the appropriate congressional committees. In addition to the items described in section 2 of this order, the re- port will include: (a) an analysis of (i) the collateral impact of offsets on industry sectors that may be dif- ferent than those of the contractor paying offsets, in- cluding estimates of contracts and jobs lost as well as an assessment of damage to industrial sectors; (ii) the role of offsets with respect to competitiveness of the United States defense industry in international trade and the potential damage to the ability of United States contractors to compete if offsets were prohib- ited or limited; and (iii) the impact on United States national security, and upon United States nonprolifera- tion objectives, of the use of co-production, subcon- tracting, and technology transfer with foreign govern- ments or companies, that results from fulfilling offset requirements, with particular emphasis on the question of dependency upon foreign nations for the supply of critical components or technology; (b) proposals for unilateral, bilateral, or multilateral measures aimed at reducing any detrimental effects of offsets; and (c) an identification of the appropriate executive branch agencies to be responsible for monitoring the use of off- sets in international defense trade. SEC. 4. Administration, Compensation, and Termination. (a) The Department of Defense will provide administra- tive support and funding for the Commission and Fed- eral Government employees may be detailed to the Commission without reimbursement. (b) Members of the Commission who are not officers or employees of the Federal Government will be com- pensated at a rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in perform- ance of the duties of the Commission. Members of the Commission who are officers or employees of the Fed- eral Government will serve without compensation in addition to that received for their services as officers or employees of the Federal Government. (c) Members of the Commission will be allowed travel expenses, including per diem in lieu of subsistence, under subchapter 1 of chapter 57 of title 5, United States Code, while on business in the performance of services for the Commission. (d) The Commission will terminate 30 days after transmitting the report required in section 1248(b) of Public Law 106–113 (113 Stat. 1501A–505) [set out in a note above]. [SECS. 5 to 8. Revoked effective Sept. 30, 2003, by Ex. Ord. No. 13316, § 3(f), Sept. 17, 2003, 68 F.R. 55256.] CHAPTER 56—EXPORT ADMINISTRATION Sec. 4601 to 4610. Repealed. 4611. Multilateral export control violations. 4612. Missile proliferation control violations. 4613. Chemical and biological weapons prolifera- tion sanctions. 4614 to 4623. Repealed. § 4601. Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232 Section, Pub. L. 96–72, § 2, Sept. 29, 1979, 93 Stat. 503; Pub. L. 99–64, title I, § 102, July 12, 1985, 99 Stat. 120; Pub. L. 103–199, title II, § 201(a), Dec. 17, 1993, 107 Stat. 2320, set forth Congressional findings with respect to the Export Administration Act of 1979. Section was formerly classified to section 2401 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. A prior section 2401 of the former Appendix to this title, Pub. L. 91–184, § 2, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 102, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, § 4(a), Oct. 29, 1974, 88 Stat. 1553, set forth find- ings of Congress with respect to the Export Adminis- tration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1985 AMENDMENT Pub. L. 99–64, § 1, July 12, 1985, 99 Stat. 120, provided that: ‘‘Titles I and II of this Act [enacting sections 4051 Page 1179 TITLE 50—WAR AND NATIONAL DEFENSE § 4601 to 4053 of Title 15, Commerce and Trade, section 1864 of Title 19, Customs Duties, and section 466c of Title 46, Appendix, Shipping, amending this section and sections 4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this title, sections 5314 and 5315 of Title 5, Government Or- ganization and Employees, sections 2304 and 2778 of Title 22, Foreign Relations and Intercourse, and section 185 of Title 30, Mineral Lands and Mining, and enacting provisions set out as notes under sections 4604, 4605, and 4617 of this title and section 5314 of Title 5] may be cited as the ‘Export Administration Amendments Act of 1985’.’’ SHORT TITLE OF 1981 AMENDMENT Pub. L. 97–145, § 1, Dec. 29, 1981, 95 Stat. 1727, provided: ‘‘That this Act [amending sections 4605, 4610, 4614, and 4620 of this title and enacting provisions set out as notes under sections 4605, 4610, and 4620 of this title] may be cited as the ‘Export Administration Amend- ments Act of 1981’.’’ SHORT TITLE Pub. L. 96–72, § 1, Sept. 29, 1979, 93 Stat. 503, which pro- vided that Pub. L. 96–72, which enacted this chapter, amended section 1732 of Title 7, Agriculture, sections 2778 and 3108 of Title 22, Foreign Relations and Inter- course, section 993 of Title 26, Internal Revenue Code, and sections 6212 and 6274 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under former sections 4606 and 4609 of this title and sec- tion 3108 of Title 22, could be cited as the ‘‘Export Ad- ministration Act of 1979’’, was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. REPEAL OF EXPORT ADMINISTRATION ACT OF 1979 Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, provided that: ‘‘The Export Admin- istration Act of 1979 (50 U.S.C. 4601 et seq.) (as contin- ued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) (other than sections 11A, 11B, and 11C of such Export Adminis- tration Act of 1979 [50 U.S.C. 4611, 4612, 4613]) is re- pealed.’’ IMPLEMENTATION OF REPEAL Pub. L. 115–232, div. A, title XVII, § 1766(b), Aug. 13, 2018, 132 Stat. 2232, provided that: ‘‘The President shall implement the amendment made by subsection (a) [re- pealing sections 4601 to 4610 and 4614 to 4623 of this title, enacting provisions set out as notes under this section, and repealing provisions set out as notes under this section and sections 4606 and 4609 of this title and section 3108 of Title 22, Foreign Relations and Inter- course] by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).’’ TRANSITION PROVISIONS For provisions relating to continuation in effect of delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that had been made, issued, conducted, or allowed to become effective under this chapter as in effect on the day be- fore August 13, 2018, and continuation in effect of cer- tain determinations and references, see section 4826 of this title. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR REVIEWS OF INTERNATIONAL TRAFFIC IN ARMS REGU- LATIONS AND EXPORT ADMINISTRATION REGULATIONS Pub. L. 111–259, title IV, § 415, Oct. 7, 2010, 124 Stat. 2727, provided that: ‘‘The Director of National Intel- ligence may provide support for any review conducted by a department or agency of the United States Gov- ernment of the International Traffic in Arms Regula- tions or Export Administration Regulations, including a review of technologies and goods on the United States Munitions List and Commerce Control List that may warrant controls that are different or additional to the controls such technologies and goods are subject to at the time of such review.’’ Executive Documents EX. ORD. NO. 12131. PRESIDENT’S EXPORT COUNCIL Ex. Ord. No. 12131, May 4, 1979, 44 F.R. 26841, as amended by Ex. Ord. No. 12551, Feb. 21, 1986, 21 F.R. 6509; Ex. Ord. No. 12991, Mar. 6, 1996, 61 F.R. 9587; Ex. Ord. No. 13138, § 5, Sept. 30, 1999, 64 F.R. 53880; Ex. Ord. No. 13316, § 5, Sept. 17, 2003, 68 F.R. 55256; Ex. Ord. No. 13596, § 1, Dec. 19, 2011, 76 F.R. 80725, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to expand the membership of the President’s Export Council, in accord with the provi- sions of the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], it is hereby or- dered as follows: 1–1. ESTABLISHMENT AND MEMBERSHIP 1–101. There is established the President’s Export Council. 1–102. The membership of the Council shall be as fol- lows: (a) The heads of the following executive departments, agencies, or offices, or their representatives: (1) Department of State. (2) Department of the Treasury. (3) Department of Agriculture. (4) Department of Commerce. (5) Department of Labor. (6) Department of Energy. (7) Department of Transportation. (8) Department of Homeland Security. (9) Office of United States Trade Representative. (10) Export-Import Bank of the United States. (11) Small Business Administration. (12) United States Trade and Development Agency. (13) Overseas Private Investment Corporation [now United States International Development Finance Cor- poration]. (14) Council of Economic Advisers. (15) Office of Management and Budget. (16) National Economic Council. (17) National Security Staff. (b) In their discretion, the heads of the following or- ganizations or their designees: (1) National Governors Association. (2) United States Conference of Mayors. (c) Five members of the United States Senate, des- ignated by the President of the Senate, and five mem- bers of the United States House of Representatives, designated by the Speaker of the House, to serve for a two-year term. (d) Not to exceed 28 citizens appointed by the Presi- dent. These individuals shall be selected from those who are not full-time Federal officers or employees. They shall include representatives of business and in- dustry, agriculture, and labor. 1–103. The President shall designate a Chairman and a Vice Chairman from among the members appointed by the President. 1–104. The Secretary of Commerce, with the concur- rence of the Chairman, shall appoint an Executive Di- rector. 1–2. FUNCTIONS 1–201. The Council shall serve as a national advisory body on matters relating to United States export trade, including advice on the implementation of the Presi- dent’s National Export Policy, which was announced on September 26, 1978. It shall, through the Secretary of Commerce, report to the President on its activities and on its recommendations for expanding United States exports. 1–202. The Council should survey and evaluate the ex- port expansion activities of the communities rep- Page 1180 TITLE 50—WAR AND NATIONAL DEFENSE § 4601 resented by the membership. It should identify and ex- amine specific problems which business, industrial, and agricultural practices may cause for export trade, and examine the needs of business, industry, and agri- culture to expand their efforts. The Council should rec- ommend specific solutions to these problems and needs. 1–203. The Council may act as liaison among the com- munities represented by the membership; and, may pro- vide a forum for those communities on current and emerging problems and issues in the field of export ex- pansion. The Council should encourage the business, in- dustrial, and agricultural communities to enter new foreign markets and to expand existing export pro- grams. 1–204. The Council shall provide advice on Federal plans and actions that affect export expansion policies which have an impact on those communities rep- resented by the membership. 1–205. The Council may establish, with the concur- rence of the Secretary of Commerce, an executive com- mittee and such other subordinate committees it con- siders necessary for the performance of its functions. The Chairman of a subordinate committee shall be des- ignated, with the concurrence of the Secretary of Com- merce, by the Chairman of the Council from among the membership of the Council. Members of subordinate committees shall be appointed by the Secretary of Commerce. 1–3. ADMINISTRATIVE PROVISIONS 1–301. The Secretary of Commerce shall, to the extent permitted by law, provide the Council, including its ex- ecutive and subordinate committees, with administra- tive and staff services, support and facilities as may be necessary for the effective performance of its functions. 1–302. Each member of the Council, including its exec- utive and subordinate committees, who is not other- wise paid a salary by the Federal Government, shall re- ceive no compensation from the United States by vir- tue of their service on the Council, but all members may receive the transportation and travel expenses, in- cluding per diem in lieu of subsistence, authorized by law (5 U.S.C. 5702 and 5703). 1–4. GENERAL PROVISIONS 1–401. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], except that of reporting annually to the Congress, which are applicable to the Council, shall be performed by the Secretary of Com- merce in accordance with guidelines and procedures es- tablished by the Administrator of General Services. 1–402. Executive Order No. 11753 is revoked; however, nothing in this Order shall be deemed to require new charters for the Council, including its executive and subordinate committees, which were current imme- diately prior to the issuance of this Order. 1–403. The Council shall terminate on December 31, 1980, unless sooner extended. [Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under section 3021 of this title.] EXTENSION OF TERM OF PRESIDENT’S EXPORT COUNCIL Term of President’s Export Council 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. Previous extensions of term of President’s Export Council were contained in the following prior Execu- tive Orders: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex- tended term until Sept. 30, 2023. Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, ex- tended term until Sept. 30, 2021. Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, ex- tended term until Sept. 30, 2019. Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex- tended term until Sept. 30, 2017. Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, ex- tended term until Sept. 30, 2015. Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, ex- tended term until Sept. 30, 2013. Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, ex- tended term until Sept. 30, 2011. Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, ex- tended term until Sept. 30, 2009. Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, ex- tended term until Sept. 30, 2007. Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, ex- tended term until Sept. 30, 2005. Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, ex- tended term until Sept. 30, 2003. Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, ex- tended term until Sept. 30, 2001. Ex. Ord. No. 13062, § 1(m), Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999. Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, ex- tended term until Sept. 30, 1997. Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, ex- tended term until Sept. 30, 1995. Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, ex- tended term until Sept. 30, 1993. Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, ex- tended term until Sept. 30, 1991. Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, ex- tended term until Sept. 30, 1989. Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, ex- tended term until Sept. 30, 1987. Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, ex- tended term until Sept. 30, 1985. Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended term until Sept. 30, 1984. Ex. Ord. No. 12258, § 1–101(l), Dec. 31, 1980, 46 F.R. 1251, extended term until Dec. 31, 1982. EX. ORD. NO. 13558. EXPORT ENFORCEMENT COORDINATION CENTER Ex. Ord. No. 13558, Nov. 9, 2010, 75 F.R. 69573, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to advance United States foreign policy and protect the national and economic security of the United States through strengthened and coordi- nated enforcement of United States export control laws and enhanced intelligence exchange in support of such enforcement efforts, it is hereby ordered as follows: SECTION 1. Policy. Export controls are critical to achieving our national security and foreign policy goals. To enhance our enforcement efforts and mini- mize enforcement conflicts, executive departments and agencies must coordinate their efforts to detect, pre- vent, disrupt, investigate, and prosecute violations of U.S. export control laws, and must share intelligence and law enforcement information related to these ef- forts to the maximum extent possible, consistent with national security and applicable law. SEC. 2. Establishment. (a) The Secretary of Homeland Security shall establish, within the Department of Homeland Security for administrative purposes, an interagency Federal Export Enforcement Coordination Center (Center). (b) The Center shall coordinate on matters relating to export enforcement among the following: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of Justice; (v) the Department of Commerce; (vi) the Department of Energy; (vii) the Department of Homeland Security; (viii) the Office of the Director of National Intel- ligence; and (ix) other executive branch departments, agencies, or offices as the President, from time to time, may des- ignate. (c) The Center shall have a Director, who shall be a full-time senior officer or employee of the Department Page 1181 TITLE 50—WAR AND NATIONAL DEFENSE § 4603 of Homeland Security, designated by the Secretary of Homeland Security. The Center shall have two Deputy Directors, who shall be full-time senior officers or em- ployees of the Department of Commerce and the De- partment of Justice, designated by the Secretary of Commerce and the Attorney General, respectively, de- tailed to the Center and reporting to the Director. The Center shall also have an Intelligence Community Liai- son, who shall be a full-time senior officer or employee of the Federal Government, designated by the Director of National Intelligence, and detailed or assigned to the Center. (d) The Center shall have a full-time staff reporting to the Director. To the extent permitted by law, execu- tive departments and agencies enumerated in sub- section (b) of this section are encouraged to detail or assign their employees to the Center without reim- bursement. SEC. 3. Functions. The Center shall: (a) serve as the primary forum within the Federal Government for executive departments and agencies to coordinate and enhance their export control enforce- ment efforts and identify and resolve conflicts that have not been otherwise resolved in criminal and ad- ministrative investigations and actions involving vio- lations of U.S. export control laws; (b) serve as a conduit between Federal law enforce- ment agencies and the U.S. Intelligence Community for the exchange of information related to potential U.S. export control violations; (c) serve as a primary point of contact between en- forcement authorities and agencies engaged in export licensing; (d) coordinate law enforcement public outreach ac- tivities related to U.S. export controls; and (e) establish Government-wide statistical tracking capabilities for U.S. criminal and administrative ex- port control enforcement activities, to be conducted by the Department of Homeland Security with informa- tion provided by and shared with all relevant depart- ments and agencies participating in the Center. SEC. 4. Administration. (a) The Department of Home- land Security shall operate and provide funding and ad- ministrative support for the Center to the extent per- mitted by law and subject to the availability of appro- priations. (b) The Director of the Center shall convene and pre- side at the Center’s meetings, determine its agenda, di- rect the work of the Center, and, as appropriate to par- ticular subject matters, organize and coordinate sub- groups of the Center’s members. SEC. 5. General Provisions. (a) This order shall be im- plemented consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law, regulation, Executive Order, or Presidential Directive to an executive depart- ment, agency, or head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (c) Nothing in this order shall be construed to provide exclusive or primary investigative authority to any agency. Agencies shall continue to investigate criminal and administrative export violations consistent with their existing authorities, jointly or separately, with coordination through the Center to enhance enforce- ment efforts and minimize potential for conflict. (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. BARACK OBAMA. § 4602. Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232 Section, Pub. L. 96–72, § 3, Sept. 29, 1979, 93 Stat. 504; Pub. L. 99–64, title I, § 103, July 12, 1985, 99 Stat. 121; Pub. L. 103–199, title II, § 201(b)(2), Dec. 17, 1993, 107 Stat. 2321, set forth policy declarations with respect to the Export Administration Act of 1979. Section was formerly classified to section 2402 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. A prior section 2402 of the former Appendix to this title, Pub. L. 91–184, § 3, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 103, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, §§ 2, 4(b), (c), 11, Oct. 29, 1974, 88 Stat. 1552, 1553, 1556; Pub. L. 95–52, title I, § 115, title II, § 202, June 22, 1977, 91 Stat. 241, 247, set forth declaration of policy of Congress with respect to the Export Administration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979. § 4603. Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232 Section, Pub. L. 96–72, § 4, Sept. 29, 1979, 93 Stat. 505; Pub. L. 99–64, title I, § 104, July 12, 1985, 99 Stat. 122; Pub. L. 100–418, title II, §§ 2411, 2412, Aug. 23, 1988, 102 Stat. 1347; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, set forth general provisions relating to export licensing and controls. Section was formerly classified to section 2403 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. A prior section 2403 of the former Appendix to this title, Pub. L. 91–184, § 4, Dec. 30, 1969, 83 Stat. 842; Pub. L. 92–412, title I, § 104(a), (b)(1), Aug. 29, 1972, 86 Stat. 644, 645; Pub. L. 93–500, §§ 3(a), 5(a), 7, 9, 10, 12, Oct. 29, 1974, 88 Stat. 1552–1557; Pub. L. 95–52, title I, §§ 103(a), (b)(1)–(3), (c), 104–110, 113(b), title II, § 201(b), June 22, 1977, 91 Stat. 235–239, 241, 246; Pub. L. 95–223, title III, § 301(a), (b)(1), Dec. 28, 1977, 91 Stat. 1629; Pub. L. 95–384. § 6(d)(2), Sept. 26, 1978, 92 Stat. 731; Pub. L. 95–435, § 5(d), Oct. 10, 1978, 92 Stat. 1052; Pub. L. 96–67, § 2, Sept. 21, 1979, 93 Stat. 415, set forth provisions relating to au- thorities to effectuate policies and limitations on exer- cise of authorities, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979. Executive Documents EX. ORD. NO. 12002. ADMINISTRATION OF EXPORT ADMINISTRATION ACT Ex. Ord. No. 12002, July 7, 1977, 42 F.R. 35623, as amended by Ex. Ord. No. 12755, Mar. 12, 1991, 56 F.R. 11057; Ex. Ord. No. 13286, § 54, Feb. 28, 2003, 68 F.R. 10629, provided: By virtue of the authority vested in me by the Con- stitution and statutes of the United States of America, including the Export Administration Act of 1969, as amended ([former] 50 U.S.C. App. 2401, et seq.), and as President of the United States of America, it is hereby ordered as follows: SECTION 1. Except as provided in Section 2, the power, authority, and discretion conferred upon the President by the provisions of the Export Administration Act of 1969, as amended ([former] 50 U.S.C. App. 2401, et seq.), hereinafter referred to as the Act, are delegated to the Secretary of Commerce, with the power of successive redelegation. SEC. 2. (a) The power, authority and discretion con- ferred upon the President in Sections 4(h) and 4(l) of the Act [former 50 U.S.C. App. 2403(h), (l)] are retained by the President. (b) The power, authority and discretion conferred upon the President in Section 3(8) of the Act [former 50 U.S.C. App. 2402(8)], which directs that every reason- able effort be made to secure the removal or reduction of assistance by foreign countries to international ter- rorists through cooperation and agreement, are dele- gated to the Secretary of State, with the power of suc- cessive redelegation. SEC. 3. The Export Administration Review Board, hereinafter referred to as the Board, which was estab- lished by Executive Order No. 11533 of June 4, 1970, as

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1001 — Definitions

In this chapter: (1) **Administrator.—** — The term “Administrator” means the Administrator of General Services. (2) **Advisory committee.—** (A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is— (i) established by statute or reorganization plan; (ii) established or utilized by the President; or (iii) established or utilized by one or more agencies. (B) *Exclusions.—* — The term “advisory committee” excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and (ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration. (3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). (4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1001 — Definitions

§ 1001. Definitions In this chapter: (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of General Services. (2) ADVISORY COMMITTEE.— (A) IN GENERAL.—The term ‘‘advisory com- mittee’’ means a committee, board, commis- sion, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as ‘‘committee’’) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Gov- ernment and that is— (i) established by statute or reorganiza- tion plan; (ii) established or utilized by the Presi- dent; or (iii) established or utilized by one or more agencies. (B) EXCLUSIONS.—The term ‘‘advisory com- mittee’’ excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, offi- cers or employees of the Federal Govern- ment; and Page 247 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1002 (ii) a committee that is created by the National Academy of Sciences or the Na- tional Academy of Public Administration. (3) AGENCY.—The term ‘‘agency’’ has the meaning given the term in section 551 of this title. (4) PRESIDENTIAL ADVISORY COMMITTEE.—The term ‘‘Presidential advisory committee’’ means an advisory committee that advises the President. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4197.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1001 ............ 5 U.S.C. App. (FACA § 3) Pub. L. 92–463, § 3, Oct. 6, 1972, 86 Stat. 770; Pub. L. 105–153, § 2(a), Dec. 17, 1997, 111 Stat. 2689. [Although not mentioned in the explanation con- tained in H. Rept. 117–193, in par. (1), ‘‘ ‘Administrator’ means th

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5702 — Per diem; employees traveling on official business

**(a)** (1) Under regulations prescribed pursuant to [section 5707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5707&num=0&edition=prelim), an employee, when traveling on official business away from the employee’s designated post of duty, or away from the employee’s home or regular place of business (if the employee is described in [section 5703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim)), is entitled to any one of the following: (A) a per diem allowance at a rate not to exceed that established by the Administrator of General Services for travel within the continental United States, and by the President or his designee for travel outside the continental United States; (B) reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Administrator for travel within the continental United States or an amount established by the President or his designee for travel outside the continental United States; or (C) a combination of payments described in subparagraphs (A) and (B) of this paragraph. (2) Any per diem allowance or maximum amount of reimbursement shall be established, to the extent feasible, by locality. The Secretary of Defense shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel in the locality of an employee of the Department. (3) For travel consuming less than a full day, the payment prescribed by regulation shall be allocated in such manner as the Administrator may prescribe. **(b)** (1) Under regulations prescribed pursuant to [section 5707 of this title](https://uscode.house.gov/view.xhtm

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5702 — Per diem; employees traveling on official

§ 5702. Per diem; employees traveling on official business (a)(1) Under regulations prescribed pursuant to section 5707 of this title, an employee, when traveling on official business away from the em- ployee’s designated post of duty, or away from the employee’s home or regular place of business (if the employee is described in section 5703 of this title), is entitled to any one of the fol- lowing: (A) a per diem allowance at a rate not to ex- ceed that established by the Administrator of General Services for travel within the conti- nental United States, and by the President or his designee for travel outside the continental United States; (B) reimbursement for the actual and nec- essary expenses of official travel not to exceed an amount established by the Administrator for travel within the continental United States or an amount established by the Presi- dent or his designee for travel outside the con- tinental United States; or (C) a combination of payments described in subparagraphs (A) and (B) of this paragraph. (2) Any per diem allowance or maximum amount of reimbursement shall be established, to the extent feasible, by locality. The Sec- retary of Defense shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel in the locality of an employee of the Department. (3) For travel consuming less than a full day, the payment prescribed by regulation shall be allocated in such manner as the Administrator may prescribe. (b)(1) Under regulations prescribed pursuant to section 5707 of this title, an employee who is de- scribed in subsection (a) of this section and who abandons the travel assignment prior to its completion— (A) because of an incapacitatin

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

§ 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national secu- rity, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. (b) The authorities granted to the President by section 1702 of this title may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–50, div. O, § 1, Apr. 24, 2024, 138 Stat. 988, provided that: ‘‘This division [enacting section 1710 of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under this section] may be cited as the ‘Strengthening Tools to Counter the Use of Human Shields Act’.’’ SHORT TITLE OF 2023 AMENDMENT Pub. L. 117–336, § 1, Jan. 5, 2023, 136 Stat. 6147, provided that: ‘‘This Act [enacting section 1709 of this title] may be cited as the ‘Protecting American Intellectual Prop- erty Act of 2022’.’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–54, § 1(a), Nov. 10, 2021, 135 Stat. 413, pro- vided that: ‘‘This Act [amending section 2277a o

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1701

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4601 — Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232

### Statutory Notes Section, Pub. L. 96–72, § 2, Sept. 29, 1979, 93 Stat. 503; Pub. L. 99–64, title I, § 102, July 12, 1985, 99 Stat. 120; Pub. L. 103–199, title II, § 201(a), Dec. 17, 1993, 107 Stat. 2320, set forth Congressional findings with respect to the Export Administration Act of 1979. Section was formerly classified to section 2401 of the former Appendix to this title prior to editorial reclassification and renumbering as this section. A prior section 2401 of the former Appendix to this title, Pub. L. 91–184, § 2, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 102, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, § 4(a), Oct. 29, 1974, 88 Stat. 1553, set forth findings of Congress with respect to the Export Administration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979. #### Short Title of 1985 Amendment Pub. L. 99–64, § 1, July 12, 1985, 99 Stat. 120, provided that: “Titles I and II of this Act [enacting sections 4051 to 4053 of Title 15, Commerce and Trade, [section 1864 of Title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1864&num=0&edition=prelim), Customs Duties, and [section 466c of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section466c&num=0&edition=prelim), Appendix, Shipping, amending this section and sections 4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 2304 and 2778 of Title 22, Foreign Relations and Intercourse, and [section 185 of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section185&num=0&edition=prelim), Mineral Lands and Mining, and enacting provisions set out as notes under sections 4604, 4605, and

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4611 — Multilateral export control violations

**(a) Determination by the President** The President, subject to subsection (c), shall apply sanctions under subsection (b) for a period of not less than 2 years and not more than 5 years, if the President determines that— (1) a foreign person has violated any regulation issued by a country to control exports for national security purposes pursuant to the agreement of the group known as the Coordinating Committee, and (2) such violation has resulted in substantial enhancement of Soviet and East bloc capabilities in submarine or antisubmarine warfare, ballistic or antiballistic missile technology, strategic aircraft, command, control, communications and intelligence, or other critical technologies as determined by the President, on the advice of the National Security Council, to represent a serious adverse impact on the strategic balance of forces. The President shall notify the Congress of each action taken under this section. This section, except subsections (h) and (j), applies only to violations that occur after August 23, 1988. **(b) Sanctions** The sanctions referred to in subsection (a) shall apply to the foreign person committing the violation, as well as to any parent, affiliate, subsidiary, and successor entity of the foreign person, and, except as provided in subsection (c), are as follows: (1) a prohibition on contracting with, and procurement of products and services from, a sanctioned person, by any department, agency, or instrumentality of the United States Government, and (2) a prohibition on importation into the United States of all products produced by a sanctioned person. **(c) Exceptions** The President shall not apply sanctions under this section— (1) in the case of procurement of defense articles or defense services— (A) under existing con

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4611 — Multilateral export control violations

§ 4611. Multilateral export control violations (a) Determination by the President The President, subject to subsection (c), shall apply sanctions under subsection (b) for a period of not less than 2 years and not more than 5 years, if the President determines that— (1) a foreign person has violated any regula- tion issued by a country to control exports for national security purposes pursuant to the agreement of the group known as the Coordi- nating Committee, and (2) such violation has resulted in substantial enhancement of Soviet and East bloc capabili- ties in submarine or antisubmarine warfare, ballistic or antiballistic missile technology, strategic aircraft, command, control, commu- nications and intelligence, or other critical technologies as determined by the President, on the advice of the National Security Coun- cil, to represent a serious adverse impact on the strategic balance of forces. The President shall notify the Congress of each action taken under this section. This section, except subsections (h) and (j), applies only to violations that occur after August 23, 1988. (b) Sanctions The sanctions referred to in subsection (a) shall apply to the foreign person committing the violation, as well as to any parent, affiliate, sub- sidiary, and successor entity of the foreign per- son, and, except as provided in subsection (c), are as follows: (1) a prohibition on contracting with, and procurement of products and services from, a sanctioned person, by any department, agency, or instrumentality of the United States Gov- ernment, and (2) a prohibition on importation into the United States of all products produced by a sanctioned person. (c) Exceptions The President shall not apply sanctions under this section— (1) in the case of p

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4611

Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 4611. This identifies an authority to review, not proof of applicability.