(3) Control of Swine Influenza

Partial text of Public Law 94–302 [H.R. 9721], 90 Stat. 591, approved May 31, 1976 AN ACT To provide for increased participation by the United States in the InterAmerican Development Bank, to provide for the entry of nonregional members and the Bahamas and Guyana in the Inter-American Development Bank, to provide for the participation of the United States in the African Development Fund, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE III-SWINE INFLUENZA

Sec. 301.1 (a) The Congress finds and declares that—

(1) the problems posed by swine influenza transcend national and political boundaries;

(2) no one country, or even one portion of the world, can singularly undertake the search for a worldwide solution to the problems posed by swine influenza;

(3) the global nature of swine influenza demands international cooperation and coordination in the investigation and planning for effective control of swine influenza;

(4) the Public Health Service of the United States has invited the World Health Organization of the United Nations and its International Influenza Reference Centers to participate in the investigation and planning for the control of swine influenza;

(5) special collaboration has already been established among the United States, the United Kingdom, and Canada for mutual participation in the investigation and planning for the control of swine influenza;

(6) the United States Department of State and the Public Health Service of the United States have joint programs to provide information to foreign countries on the nature and extent of swine influenza and the methods necessary to control it; and

(7) the technology of the United States for the surveillance of virus disease and vaccine production should be made available to foreign countries.

(b) It is the sense of the Congress that the President should furnish assistance to foreign countries and international organizations for the investigation and planning for the control of swine influen

za.

1 22 U.S.C. 2101 note.

Title 31,

U.S.C.

j. Use of Foreign Currencies 1

(1) 31 U.S.C. 1306 2

§ 1306. Use of foreign credits

Foreign credits owed to or owned by the Treasury are not available for expenditure by agencies except as provided annually in general appropriation laws.

NOTE.-Executive Order No. 10488 of September 23, 1953, 18 F.R. 5699, authorizes the Secretary of the Treasury to issue regulations governing the purchase, custody, transfer or sale of foreign exchange by agencies of the United States. See also sec. 519 of the Department of Defense Appropriation Act, 1969, Public Law 90-580, 82 Stat. 1120, 1133.

1 For text on Use of Local Currencies, see sec. 40 of the FA Act of 1973 (Public Law 93-189, 87 Stat. 714), and sec. 502 of the Mutual Security Act of 1954, as amended (Public Law 83-665, 68 Stat. 832), in Legislation on Foreign Relations Through 1993, vol. I-A, and page 167 in this volume, respectively.

Sec. 1306, title 31, was originally enacted as sec. 1415 of the Supplemental Appropriation Act, 1953, and codified at 31 U.S.C. 724. Public Law 97-258 (96 Stat. 877) revised and recodified title 31, including changes to the text and U.S. Code citation to this provision.

Sec. 566 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1680), provided the following:

"APPROPRIATIONS OF UNITED STATES-OWNED CURRENCIES

"SEC. 566. The provisions of section 1306 of title 31, United States Code, shall not be waived to carry out the provisions of the Foreign Assistance Act of 1961 by any provision of law enacted after the date of enactment of this Act [October 6, 1992] unless such provision makes specific reference to this section.".

(2) General Government Matters Appropriation Act, 1962

Partial text of Public Law 87-125 (H.R. 7577] 75 Stat. 268, 283, approved August 3,

1961

TITLE V-GENERAL PROVISIONS

Sec. 508. Pursuant to section 1415 of the Act of July 15, 1952 (66 Stat. 662),1 foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits),2 only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: Provided, That such credits received as exchange allowances or proceeds of sales of personal property may be used in whole or in part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury: Provided further, That nothing in section 1415 of the Act of July 15, 1952, or in this section shall be construed to prevent the making of new or the carrying out of existing contracts, agreements, or executive agreements for periods in excess of one year, in any case where such contracts, agreements, or executive agreements for periods in excess of one year were permitted prior to the enactment of this Act under section 32(b)(2) of the Surplus Property Act of 1944, as amended (50 U.S.C. App. 1641(b)(2)), and the performance of all such contracts, agreements, or executive agreements shall be subject to the availability of appropriations for the purchase of credits as provided by law.

1

1 Sec. 1306, title 31, was originally enacted as sec. 1415 of the Supplemental Appropriation Act, 1953, and codified at 31 U.S.C. 724. Public Law 97-258 (96 Stat. 877) revised and recodified title 31, including changes to the text and U.S. Code citation to this provision.

The words "and for liquidation of obligations legally incurred against such credits prior to July 1, 1953" appeared at this point in previous General Government Matters Appropriation Acts, 1956-1959, and the Supplemental Appropriations Act, 1955.

(3) Use of Reserved Coins and Currencies of Foreign Countries

Title 31, U.S.C.***

§ 5303.1 Reserved coins and currencies of foreign countries

An agency may use coins and currencies of a foreign country the United States Government holds that are or may be reserved for a specific program or activity of an agency. The agency shall reimburse the Treasury from appropriations and shall replace the coins and currencies when they are needed for the program or activity for which they were reserved originally.

1 Sec. 5303, title 31, was originally enacted as Public Law 89-677 (80 Stat. 955) and codified at

31 U.S.C. 938. Public Law 97-258 (96 Stat. 877) revised and recodified title 31, including changes to the text and U.S. Code citation to this provision.

k. Merchant Marine Act of 1936, as amended

Act of June 29, 1936, Chapter 858 [H.R. 8355] 49 Stat. 1985, as amended

AN ACT To further the development and maintenance of an adequate and well-balanced American merchant marine, to promote the commerce of the United States, to aid in the national defense, to repeal certain former legislation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Sec. 901.

(b) 1 (1) 2 Whenever the United States shall procure, contract for, or otherwise obtain for its own account, or shall furnish to or for the account of any foreign nation without provision for reimbursement, any equipment, materials, or commodities, within or without the United States, or shall advance funds or credits or guarantee the convertibility of foreign currencies in connection with the furnishing of such equipment, materials, or commodities, the appropriate agency or agencies shall take such steps as may be necessary and practicable to assure that at least 50 per centum of the gross tonnage of such equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers), which may be transported on ocean vessels shall be transported on privately owned United States-flag commercial vessels, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels, in such manner as will insure a fair and reasonable participation of United States-flag commercial vessels in such cargoes by geographic areas: Provided, That the provisions of this subsection may be waived whenever the Congress by concurrent resolution or otherwise, or the President of the United States, or the Secretary of Defense declares that an emergency exists justifying a temporary waiver of the provisions of section 901(b)(1) 3 and so notifies the appropriate agency or agencies: And provided further, That the provisions of this subsection shall not apply to cargoes carried in vessels of the Panama Canal Company. Nothing herein shall repeal or otherwise modify the provisions of Public Resolution Numbered 17, Seventy-third Congress (48 Stat. 500) as amended." 5 For purposes of this section, the

4

1 Public Law 83-664 (68 Stat. 832) added subsec. (b).

2 Sec. 27(a) of Public Law 91-469 (Merchant Marine Act of 1970) redesignated subsec. (b) as subsec. (b)(1).

Sec. 27(b) of Public Law 91-469 inserted "section 901(b)(1)” in lieu of "section 901(b)". 15 U.S.C. 616a.

See also sec. 603 of the FA Act of 1961, in Legislation on Foreign Relations Through 1993, vol. I-A.