22 U.S.C. § 3311: Reporting requirements

Summary

The Secretary of State must send Congress a copy of any agreement the Institute signs. If the President thinks releasing it right away would hurt U.S. national security, the copy goes only to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and is kept secret until the President lifts the secrecy. “Agreement” here means (1) any deal with Taiwan’s governing authorities or a Taiwan-established agency, and (2) any deal with a U.S. Government agency. Those agreements must follow the same congressional notice, review, and approval rules as if the U.S. agency the Institute is acting for had made them.

Title 22, §3311

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Texts of agreements to be transmitted to Congress; secret agreements to be transmitted to Senate Foreign Relations Committee and House Foreign Affairs Committee

The Secretary of State shall transmit to the Congress the text of any agreement to which the Institute is a party. However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President.

(b)Agreements

For purposes of subsection (a), the term “agreement” includes—

(1)any agreement entered into between the Institute and the governing authorities on Taiwan or the instrumentality established by Taiwan; and

(2)any agreement entered into between the Institute and an agency of the United States Government.

(c)Congressional notification, review, and approval requirements and procedures

Agreements and transactions made or to be made by or through the Institute shall be subject to the same congressional notification, review, and approval requirements and procedures as if such agreements and transactions were made by or through the agency of the United States Government on behalf of which the Institute is acting.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Subsec. (d). Pub. L. 98–164 struck out subsec. (d) which required the Secretary of State to make semi-annual reports respecting economic relations between the United States and Taiwan.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.

§3311 Reporting Requirements