§ 6445. Description of Presidential actions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1998

   International Religious Freedom Act of 1998

   Pub. L. 105–292 title IV § 405 · 112 Stat. 2787

   Enacted · 22 U.S.C. § 6445

   Pub. L. 105–292, title IV, § 405, Oct. 27, 1998, 112 Stat. 2806

   Source evidence

   Code source credit
   Pub. L. 105–292, title IV, § 405, Oct. 27, 1998, 112 Stat. 2806

   Enacted provision · exact public law section
   SEC. 405. DESCRIPTION OF PRESIDENTIAL ACTIONS. (a) Description of Presidential Actions.— Except as provided in subsection (d), the Presidential actions referred to in this subsection are the following: (1) A private demarche. (2) An official public demarche. (3) A public condemnation. (4) A public condemnation within one or more multilateral fora. (5) The delay or cancellation of one or more scientific exchanges. (6) The delay or cancellation of one or more cultural exchanges. (7) The denial of one or more working, official, or state visits. (8) The delay or cancellation of one or more working, official, or state visits. (9) The withdrawal, limitation, or suspension of United States development assistance in accordance with section 116 of the Foreign Assistance Act of 1961. (10) Directing the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency not to approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participations in the extension of credit with respect to the specific government, agency, instrumentality, or official found or determined by the President to be responsible for violations under section 401 or 402. (11) The withdrawal, limitation, or suspension of United States security assistance in accordance with section 502B of the Foreign Assistance Act of 1961. (12) Consistent with section 701 of the International Financial Institutions Act of 1977, directing the United States executive directors of international financial institutions to oppose and vote against loans primarily benefiting the specific foreign government, agency, instrumentality, or official found or determined by the President to be responsible for violations under section 401 or 402. (13) Ordering the heads of the appropriate United States agencies not to issue any (or a specified number of) specific licenses, and not to grant any other specific authority (or a specified number of authorities), to export any goods or technology to the specific foreign government, agency, instrumentality, or official found or determined by the President to be responsible for violations under section 401 or 402, under— (A) the Export Administration Act of 1979; (B) the Arms Export Control Act; (C) the Atomic Energy Act of 1954; or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (14) Prohibiting any United States financial institution from making loans or providing credits totaling more than $10,000,000 in any 12-month period to the specific foreign government, agency, instrumentality, or official found or determined by the President to be responsible for violations under section 401 or 402. (15) Prohibiting the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the foreign government, entities, or officials found or determined by the President to be responsible for violations under section 401 or 402. (b) Commensurate Action.— Except as provided in subsection (d), the President may substitute any other action authorized by law for any action described in paragraphs (1) through (15) of subsection (a) if such action is commensurate in effect to the action substituted and if the action would further the policy of the United States set forth in section 2(b) of this Act. The President shall seek to take all appropriate and feasible actions authorized by law to obtain the cessation of the violations. If commensurate action is taken, the President shall report such action, together with an explanation for taking such action, to the appropriate congressional committees. (c) Binding Agreements.— The President may negotiate and enter into a binding agreement with a foreign government that obligates such government to cease, or take substantial steps to address and phase out, the act, policy, or practice constituting the violation of religious freedom. The entry into force of a binding agreement for the cessation of the violations shall be a primary objective for the President in responding to a foreign government that has engaged in or tolerated particularly severe violations of religious freedom. (d) Exceptions.— Any action taken pursuant to subsection (a) or (b) may not prohibit or restrict the provision of medicine, medical equipment or supplies, food, or other humanitarian assistance.

2. 2018

   Better Utilization of Investments Leading to Development Act of 2018

   Pub. L. 115–254 div. F title VI § 1470 · 132 Stat. 3187

   Substituted · 22 U.S.C. § 6445(a)(10)

   Pub. L. 115–254 substituted “United States International Development Finance Corporation” for “Overseas Private Investment Corporation”

   Source evidence

   Code amendment note
   Subsec. (a)(10). Pub. L. 115–254 substituted “United States International Development Finance Corporation” for “Overseas Private Investment Corporation”.

   Enacted provision · exact public law section
   SEC. 1470. CONFORMING AMENDMENTS. (a) Exempt Programs.— Section 255(g) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)) is amended by striking “Overseas Private Investment Corporation, Noncredit Account (71–4184–0–3–151).” and inserting “United States International Development Finance Corporation.”. (b) Executive Schedule.— Title 5, United States Code, is amended— (1) in section 5314, by striking “President, Overseas Private Investment Corporation.”; (2) in section 5315, by striking “Executive Vice President, Overseas Private Investment Corporation.”; and (3) in section 5316, by striking “Vice Presidents, Overseas Private Investment Corporation (3).”. (c) Office of International Trade of the Small Business Administration.— Section 22 of the Small Business Act (15 U.S.C. 649) is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking “the President of the Overseas Private Investment Corporation, Director” and inserting “the Board of Directors of the United States International Development Finance Corporation, the Director”; and (2) by striking “Overseas Private Investment Corporation” each place it appears and inserting “United States International Development Finance Corporation”. (d) United States and Foreign Commercial Service.— Section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721) is amended by striking “Overseas Private Investment Corporation” each place it appears and inserting “United States International Development Finance Corporation”. (e) Trade Promotion Coordinating Committee.— Section 2312(d)(1)(K) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)(K)) is amended by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”. (f) Interagency Trade Data Advisory Committee.— Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended by striking “the President of the Overseas Private Investment Corporation” and inserting “the Chief Executive Officer of the United States International Development Finance Corporation”. (g) Misuse of Names of Federal Agencies.— Section 709 of title 18, United States Code, is amended by striking “ ‘Overseas Private Investment’, ‘Overseas Private Investment Corporation’, or ‘OPIC’,” and inserting “ ‘United States International Development Finance Corporation’ or ‘DFC’ ”. (h) Engagement on Currency Exchange Rate and Economic Policies.— Section 701(c)(1)(A) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4421(c)(1)(A)) is amended by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”. (i) Internships With Institute for International Public Policy.— Section 625 of the Higher Education Act of 1965 (20 U.S.C. 1131c(a)) is amended by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”. (j) Foreign Assistance Act of 1961.— The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended— (1) in section 116— 22 USC 2151n. (A) in subsection (a), by inserting “, and no support may be provided under title II of the Better Utilization of Investments Leading to Development Act of 2018,” after “this part”; (B) in the first subsection (b)— (i) by inserting “or title II of the Better Utilization of Investments Leading to Development Act of 2018” after “this part”; (ii) by inserting “or the Chief Executive Officer of the United States International Development Finance Corporation, as applicable,” after “this Act”; (iii) by inserting “or support” after “the assistance”; and (iv) by inserting “or support” after “such assistance” each place it appears; (C) in the second subsection (b), by inserting “under this part, and no support may be provided under title II of the Better Utilization of Investments Leading to Development Act of 2018,” after “provided”; and (D) in subsection (c), by striking “under this part, the Administrator” and inserting “under this part, or support provided under title II of the Better Utilization of Investments Leading to Development Act of 2018, the Administrator, or the Chief Executive Officer of the United States International Development Finance Corporation, as applicable,”; (2) in section 449B(b)(2) (22 U.S.C. 2296b(b)(2)), by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”; and (3) in section 481(e)(4)(A) (22 U.S.C. 2291(e)(4)(A)), in the matter preceding clause (i), by striking “(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)” and inserting “(and any support under title II of the Better Utilization of Investments Leading to Development Act of 2018, relating to the United States International Development Finance Corporation)”. (k) Electrify Africa Act of 2015.— Sections 5 and 7 of the Electrify Africa Act of 2015 (Public Law 114–121; 22 U.S.C. 2293 note) are amended by striking “Overseas Private Investment Corporation” each place it appears and inserting “United States International Development Finance Corporation”. (l) Foreign Aid Transparency and Accountability Act of 2016.— Section 2(3) of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114–191; 22 U.S.C. 2394c note) is amended— (1) in subparagraph (A), by striking “except for” and all that follows through “chapter 3” and insert “except for chapter 3”; (2) in subparagraph (C), by striking “and” at the end; (3) in subparagraph (D), by striking the period at the end and inserting “; and”; and (4) by adding at the end the following: “(E) the Better Utilization of Investments Leading to Development Act of 2018.” . (m) Support for East European Democracy (SEED) Program.— The Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.) is amended— (1) in section 2(c) (22 U.S.C. 5401(c)), by striking paragraph (12) and inserting the following: “(12) United states international development finance corporation.— Programs of the United States International Development Finance Corporation.” ; and (2) in section 201 (22 U.S.C. 5421), by striking subsection (e) and inserting the following: “(e) Grants to Enterprise Funds.— Funds appropriated to the President pursuant to subsection (b) shall be granted to the Enterprise Funds to carry out the purposes specified in subsection (a) and for the administrative expenses of each Enterprise Fund— “(1) except as provided in paragraph (2), by the United States Agency for International Development; or “(2) if the Enterprise Funds are transferred to the United States International Development Finance Corporation pursuant to section 1463(b) of the Better Utilization of Investments Leading to Development Act of 2018, by the Corporation.” . (n) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.— Section 202(b)(2)(B)(iv) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)(iv)) is amended by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”. (o) International Religious Freedom Act of 1998.— Section 405(a)(10) of the International Religious Freedom Act of 1998 (22 U.S.C. 6445(a)(10)) is amended by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”. (p) Trafficking Victims Protection Act of 2000.— Section 103(8)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(8)(A)) is amended in clause (viii) to read as follows: “(viii) any support under title II of the Better Utilization of Investments Leading to Development Act of 2018 relating to the United States International Development Finance Corporation; and” . (q) Technology Deployment in Developing Countries.— Section 732(b) of the Global Environmental Protection Assistance Act of 1989 (22 U.S.C. 7902(b)) is amended by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”. (r) Expanded Nonmilitary Assistance for Ukraine.— Section 7(c)(3) of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8926(c)(3)) is amended— (1) in the paragraph heading, by striking “Overseas private investment corporation” and inserting “United states international development finance corporation”; (2) in the matter preceding subparagraph (A), by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”; and (3) in subparagraph (B), by striking “by eligible investors (as defined in section 238 of the Foreign Assistance Act of 1961 (22 U.S.C. 2198))”. (s) Global Food Security Act of 2016.— Section 4(7) of the Global Food Security Act of 2016 (22 U.S.C. 9303(7)) is amended by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”. (t) Sense of Congress on European and Eurasian Energy Security.— Section 257(c)(2)(B) of the Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9546(c)(2)(B)) is amended by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”. (u) Wholly Owned Government Corporation.— Section 9101(3) of title 31, United States Code, is amended by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”. (v) Energy Independence and Security Act of 2007.— Title IX of the Energy Independence and Security Act of 2007 (42 U.S.C. 17321 et seq.) is amended— (1) in section 914 (42 U.S.C. 17334)— (A) in the section heading, by striking “overseas private investment corporation” and inserting “united states international development finance corporation”; (B) in subsection (a), in the matter preceding paragraph (1), by striking “Overseas Private Investment Corporation” and inserting “United States International Development Finance Corporation”; and (C) in subsection (b), in the matter preceding paragraph (1), by striking “Overseas Private Investment Corporation shall include in its annual report required under section 240A of the Foreign Assistance Act of 1961 (22 U.S.C. 2200a)” and inserting “United States International Development Finance Corporation shall include in its annual report required under section 1443 of the Better Utilization of Investments Leading to Development Act of 2018”; and (2) in section 916(a)(2)(I) (42 U.S.C. 17336(a)(2)(I)), by striking “Overseas Private Investment Corporation:” and inserting “United States International Development Finance Corporation;”. (w) Effective Date.— The amendments made by this section shall take effect at the end of the transition period.

   Effective date note
   Amendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of this title, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress.

2 of 2 references resolved to an enrolled provision