§ 2710. Expenses relating to participation in arbitrations of certain disputes
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(a)International agreements The Secretary of State may use funds available to the Secretary for the expenses of United States participation in arbitrations and other proceedings for the peaceful resolution of disputes under treaties or other international agreements.
(b)Contracts abroad The Secretary of State may use funds available to the Secretary for the expenses of United States participation in arbitrations arising under contracts authorized by law for the performance of services or acquisition of property, real or personal, abroad.
(c)Procurement of services The Secretary of State may use competitive procedures or procedures other than competitive procedures to procure the services of experts for use in preparing or prosecuting a proceeding before an international tribunal or a claim by or against a foreign government or other foreign entity, whether or not the expert is expected to testify, or to procure personal and other support services for such proceedings or claims. The Secretary need not provide any written justification for the use of procedures other than competitive procedures when procuring such services under this subsection and need not furnish for publication in the Commerce Business Daily or otherwise any notice of solicitation or synopsis with respect to such procurement.
(d)International Litigation Fund
(1)Establishment In order to provide the Department of State with a dependable, flexible, and adequate source of funding for the expenses of the Department related to preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, there is established an International Litigation Fund (hereafter in this subsection referred to as the “ILF”). The ILF may be available without fiscal year limitation. Funds otherwise available to the Department for the purposes of this paragraph may be credited to the ILF.
(2)Reprogramming procedures Funds credited to the ILF shall be treated as a reprogramming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings. This paragraph shall not apply to the transfer of funds under paragraph (3).
(3)Transfers of funds Funds received by the Department of State from another agency of the United States Government or pursuant to the Department of State Appropriations Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, shall be credited to the ILF.
(4)Use of funds Funds deposited in the ILF shall be available only for the purposes of paragraph (1).
(e)Retention of funds
(1)In general To reimburse the expenses of the United States Government in preparing or prosecuting a proceeding before an international tribunal, or a claim against a foreign government or other foreign entity, the Secretary may retain 1.5 percent of any amount between $100,000 and $5,000,000, and one percent of any amount over $5,000,000, received per claim under section 2668a of this title.
(2)Treatment Amounts retained under the authority of paragraph
(1)shall be deposited into the fund under subsection (d).
(Aug. 1, 1956, ch. 841, title I, § 38, as added Pub. L. 99–93, title I, § 128, Aug. 16, 1985, 99 Stat. 419; amended Pub. L. 103–236, title I, § 123, Apr. 30, 1994, 108 Stat. 392; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2212(b), Oct. 21, 1998, 112 Stat. 2681–812; Pub. L. 107–228, div. A, title II, § 203, Sept. 30, 2002, 116 Stat. 1362.)
Connections7 cite this · traces to 4
Cited by 7 sections
statute-compilations
statutes-at-large
- Public Law 99–399To provide enhanced diplomatic security and combat international terrorism, and for other purposes
- Public Law 99–93To authorize appropriations for fiscal years 1986 and 1987 for the Department of State, the United States Information Agency, the Board for International Broadcasting, and for other purposes
- Public Law 105–276Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
- Public Law 107–228To authorize appropriations for the Department of State for fiscal year 2003, to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal year 2003, and for other purposes
Traces to 4 documents
U.S. Code
- Reprograming of funds; notice requirements§ 2706
- Procurement of information for corporations, firms and individuals; expense of cablegrams and telephone service involved; appropriation§ 2661
- Disposition of trust funds received from foreign governments for citizens of United States§ 2668a
- Establishment of Department§ 2651
21 references not yet in our index
- 49 Stat. 1321
- Aug. 1, 1956, ch. 841
- Pub. L. 99–93, title I, § 128
- 99 Stat. 419
- Pub. L. 103–236, title I, § 123
- 108 Stat. 392
- Pub. L. 105–277, div. G
- 112 Stat. 2681–812
- Pub. L. 107–228, div. A, title II, § 203
- 116 Stat. 1362
- act May 15, 1936, ch. 405
- 49 Stat. 1309
- Pub. L. 100–204, title I, § 142(b)
- 101 Stat. 1350
- 29 Stat. 32
- section 128 of Pub. L. 99–93
- Pub. L. 102–138, title I, § 111(1)
- 105 Stat. 654
- Pub. L. 107–228
- Pub. L. 105–277
- Pub. L. 103–236
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cites case law
§ 2710
Expenses relating to participation in arbitrations of certain disputes
Stat.×4
Bills×2
Stat. Comp.×1
Stat.49 Stat. 1321
ActAug. 1, 1956, ch. 841
Pub. L.Pub. L. 99–93, title I, § 128
Stat.99 Stat. 419
Pub. L.Pub. L. 103–236, title I, § 123
Cites 25 · showing 9Cited by 7 across 3 sources