US (United States) Code. Title 22. Chapter 32: Foreign Assistance

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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REPAYMENT OF LOANS IN DEFAULT

Section 56 of Pub. L. 93-559 provided that: "It is the sense of

the Congress that any country receiving assistance under the

Foreign Assistance Act of 1961 [this chapter] which is in default,

at least 90 days prior to the date of enactment of this Act [Dec.

30, 1974], of any payment of principal or interest due on any loan

or credit received from the United States shall promptly pay all

such principal and interest. It is further the sense of the

Congress that the President shall promptly enter into negotiations

with each such country to help effectuate the payment of such

principal and interest, or to effectuate the transfer by such

country to the United States of goods, services, concessions, or

actions beneficial to the United States, in lieu of the payment of

such principal and interest."

RESTRICTIONS ON ASSISTANCE TO NATIONS WHOSE GOVERNMENT IS BASED

UPON COMMUNISM

Pub. L. 91-194, title I, Sec. 109, Feb. 9, 1970, 84 Stat. 8,

provided that:

"(a) No assistance shall be furnished to any nation, whose

government is based upon that theory of government known as

communism under the Foreign Assistance Act of 1961, as amended

[this chapter], for any arms, ammunition, implements of war, atomic

energy materials, or any articles, materials, or supplies, such as

petroleum, transportation materials of strategic value, and items

of primary strategic significance used in the production of arms,

ammunition, and implements of war, contained on the list maintained

by the Administrator pursuant to title I of the Mutual Defense

Assistance Control Act of 1951, as amended [section 1611 et seq. of

this title].

"(b) No economic assistance shall be furnished to any nation

whose government is based upon that theory of government known as

communism under the Foreign Assistance Act of 1961, as amended

[this chapter] except section 214(b) [section 2174(b) of this

title], unless the President determines that the withholding of

such assistance would be contrary to the national interest and

reports such determination to the House of Representatives and the

Senate. Reports made pursuant to this subsection shall be published

in the Federal Register within seven days of submission to the

committees and shall contain a statement by the President of the

reasons for such determination."

Similar provisions were contained in the following prior acts:

Pub. L. 90-581, title I, Sec. 109, Oct. 17, 1968, 82 Stat. 1140.

Pub. L. 90-249, title I, Sec. 109, Jan. 2, 1968, 81 Stat. 939.

Pub. L. 89-691, title I, Sec. 109, Oct. 15, 1966, 80 Stat. 1020.

Pub. L. 89-273, title I, Sec. 109, Oct. 20, 1965, 79 Stat. 1004.

Pub. L. 88-634, title I, Sec. 109, Oct. 7, 1964, 78 Stat. 1018.

Pub. L. 88-272, title I, Sec. 109, Jan. 6, 1964, 77 Stat. 859.

Pub. L. 87-872, title I, Sec. 109, Oct. 23, 1962, 76 Stat. 1165.

RESTRICTIONS ON ASSISTANCE TO COUNTRIES SELLING, FURNISHING, OR

PERMITTING SHIPS TO CARRY CERTAIN ITEMS TO CUBA OR TO NORTH VIETNAM

Pub. L. 91-194, title I, Sec. 107, Feb. 9, 1970, 84 Stat. 8,

provided that:

"(a) No assistance shall be furnished under the Foreign

Assistance Act of 1961, as amended [this chapter], to any country

which sells, furnishes, or permits any ships under its registry to

carry to Cuba, so long as it is governed by the Castro regime, in

addition to those items contained on the list maintained by the

Administrator pursuant to title I of the Mutual Defense Assistance

Control Act of 1951, as amended [section 1611 et seq. of this

title], any arms, ammunition, implements of war, atomic energy

materials, or any other articles, materials, or supplies of primary

strategic significance used in the production of arms, ammunition,

and implements of war or of strategic significance to the conduct

of war, including petroleum products.

"(b) No economic assistance shall be furnished under the Foreign

Assistance Act of 1961, as amended [this chapter], to any country

which sells, furnishes, or permits any ships under its registry to

carry items of economic assistance to Cuba, so long as it is

governed by the Castro regime, or to North Vietnam."

Similar provisions were contained in the following prior acts:

Pub. L. 90-581, title I, Sec. 107, Oct. 17, 1968, 82 Stat. 1139.

Pub. L. 90-249, title I, Sec. 107, Jan. 2, 1968, 81 Stat. 938.

Pub. L. 89-691, title I, Sec. 107, Oct. 15, 1966, 80 Stat. 1020.

Pub. L. 89-273, title I, Sec. 107, Oct. 20, 1965, 79 Stat. 1004.

Pub. L. 88-634, title I, Sec. 107, Oct. 7, 1964, 78 Stat. 1018.

Pub. L. 88-258, title I, Sec. 107, Jan. 6, 1964, 77 Stat. 859.

Pub. L. 87-872, title I, Sec. 107, Oct. 23, 1962, 76 Stat. 1165.

RESTRICTIONS ON ASSISTANCE TO COUNTRIES SELLING, FURNISHING OR

PERMITTING SHIPS TO CARRY CERTAIN ITEMS TO NORTH VIETNAM

Pub. L. 91-194, title I, Sec. 116, Feb. 9, 1970, 84 Stat. 10,

forbid assistance under the Foreign Assistance Act of 1961, as

amended, to any country that sold, furnished or permitted any ships

under its registry to carry to North Vietnam certain enumerated

items unless the President determined that the withholding of such

assistance was contrary to the national interest of the United

States and reported such determination to Congress.

Similar provisions were contained in the following prior acts:

Pub. L. 90-581, title I, Sec. 116, Oct. 17, 1968, 82 Stat. 1141.

Pub. L. 90-249, title I, Sec. 116, Jan. 2, 1968, 81 Stat. 940.

Pub. L. 89-691, title I, Sec. 116, Oct. 15, 1966, 80 Stat. 1022.

Pub. L. 89-273, title I, Sec. 116, Oct. 20, 1965, 79 Stat. 1005.

INTERDICTION OF THE DELIVERY OF OFFENSIVE WEAPONS TO CUBA

For Presidential proclamation prohibiting the delivery of

offensive weapons to Cuba, see Proc. No. 3504, Oct. 23, 1962, 27

F.R. 10401, set out as a note preceding section 1 of the Appendix

to Title 50, War and National Defense.

-EXEC-

PROC. NO. 3447. EMBARGO ON TRADE WITH CUBA

Proc. No. 3447, Feb. 3, 1962, 27 F.R. 1085, provided:

WHEREAS the Eighth Meeting of Consultation of Ministers of

Foreign Affairs, Serving as Organ of Consultation in Application of

the Inter-American Treaty of Reciprocal Assistance, in its Final

Act resolved that the present Government of Cuba is incompatible

with the principles and objectives of the Inter-American system;

and, in light of the subversive offensive of Sino-Soviet Communism

with which the Government of Cuba is publicly aligned, urged the

member states to take those steps that they may consider

appropriate for their individual and collective self-defense;

WHEREAS the Congress of the United States, in section 620(a) of

the Foreign Assistance Act of 1961 (75 Stat. 445), as amended

[subsection (a) of this section], has authorized the President to

establish and maintain an embargo upon all trade between the United

States and Cuba; and

WHEREAS the United States, in accordance with its international

obligations, is prepared to take all necessary actions to promote

national and hemispheric security by isolating the present

Government of Cuba and thereby reducing the threat posed by its

alignment with the communist powers:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United

States of America, acting under the authority of section 620(a) of

the Foreign Assistance Act of 1961 (75 Stat. 445), as amended

[subsection (a) of this section], do

1. Hereby proclaim an embargo upon trade between the United

States and Cuba in accordance with paragraphs 2 and 3 of this

proclamation.

2. Hereby prohibit, effective 12:01 A.M., Eastern Standard Time,

February 7, 1962, the importation into the United States of all

goods of Cuban origin and all goods imported from or through Cuba;

and I hereby authorize and direct the Secretary of the Treasury to

carry out such prohibition, to make such exceptions thereto, by

license or otherwise, as he determines to be consistent with the

effective operation of the embargo hereby proclaimed, and to

promulgate such rules and regulations as may be necessary to

perform such functions.

3. AND FURTHER, I do hereby direct the Secretary of Commerce,

under the provisions of the Export Control Act of 1949, as amended

(50 U.S.C. App. 2021-2032), to continue to carry out the

prohibition of all exports from the United States to Cuba, and I

hereby authorize him, under that Act, to continue, make, modify or

revoke exceptions from such prohibition.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the

seal of the United States of America to be affixed.

DONE at the City of Washington this third day of February, in the

year of our Lord nineteen hundred and sixty-two, and of the

Independence of the United States of America the one hundred

and eighty-sixth.

[SEAL]

John F. Kennedy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 283l, 2151v, 2152b, 2227,

2312, 2373, 2398, 2430c, 2431d, 4305, 6004, 6008, 6023, 6064 of

this title; title 28 section 1610; title 50 App. section 2304.

-FOOTNOTE-

(!1) So in original. The comma probably should be a period.

-End-

-CITE-

22 USC Sec. 2370a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2370a. Expropriation of United States property

-STATUTE-

(a) Prohibition

None of the funds made available to carry out this Act, the

Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or the

Arms Export Control Act [22 U.S.C. 2751 et seq.] may be provided to

a government or any agency or instrumentality thereof, if the

government of such country (other than a country described if (!1)

subsection (d) of this section) -

(1) has on or after January 1, 1956 -

(A) nationalized or expropriated the property of any United

States person,

(B) repudiated or nullified any contract with any United

States person, or

(C) taken any other action (such as the imposition of

discriminatory taxes or other exactions) which has the effect

of seizing ownership or control of the property of any United

States person, and

(2) has not, within the period specified in subsection (c) of

this section, either -

(A) returned the property,

(B) provided adequate and effective compensation for such

property in convertible foreign exchange or other mutually

acceptable compensation equivalent to the full value thereof,

as required by international law,

(C) offered a domestic procedure providing prompt, adequate

and effective compensation in accordance with international

law, or

(D) submitted the dispute to arbitration under the rules of

the Convention for the Settlement of Investment Disputes or

other mutually agreeable binding international arbitration

procedure.

(b) Other actions

The President shall instruct the United States Executive

Directors of each multilateral development bank and international

financial institution to vote against any loan or other utilization

of the funds of such bank or institution for the benefit of any

country to which assistance is prohibited under subsection (a) of

this section, unless such assistance is directed specifically to

programs which serve the basic human needs of the citizens of that

country.

(c) Period for settlement of claims

The period of time described in subsection (a)(2) of this section

is the latest of the following -

(1) 3 years after the date on which a claim was filed,

(2) in the case of a country that has a totalitarian or

authoritarian government at the time of the action described in

subsection (a)(1) of this section, 3 years after the date of

installation of a democratically elected government, or

(3) 90 days after April 30, 1994.

(d) Excepted countries and territories

This section shall not apply to any country established by

international mandate through the United Nations or to any

territory recognized by the United States Government to be in

dispute.

(e) Resumption of assistance

A prohibition or termination of assistance under subsection (a)

of this section and an instruction to vote against loans under

subsection (b) of this section shall cease to be effective when the

President certifies in writing to the Speaker of the House of

Representatives and to the Committee on Foreign Relations of the

Senate that such government has taken one of the steps described in

subsection (a)(2) of this section.

(f) Reporting requirement

Not later than 90 days after April 30, 1994, and at the beginning

of each fiscal year thereafter, the Secretary of State shall

transmit to the Speaker of the House of Representatives and the

Committee on Foreign Relations of the Senate, a report containing

the following:

(1) A list of every country in which the United States

Government is aware that a United States person has an

outstanding expropriation claim.

(2) The total number of such outstanding expropriation claims

made by United States persons against each such country.

(3) The period of time in which each such claim has been

outstanding.

(4) The status of each case and efforts made by the United

States Government and the government of the country in which such

claim has been made, to take one or more of the steps described

in subsection (a)(2) of this section.

(5) Each project a United States Executive Director voted

against as a result of the action described in subsection (b) of

this section.

(g) Waiver

The President may waive the prohibitions in subsections (a) and

(b) of this section for a country, on an annual basis, if the

President determines and so notifies Congress that it is in the

national interest to do so.

(h) "United States person" defined

For the purpose of this section, the term "United States person"

means a United States citizen or corporation, partnership, or

association at least 50 percent beneficially owned by United States

citizens.

-SOURCE-

(Pub. L. 103-236, title V, Sec. 527, Apr. 30, 1994, 108 Stat. 475.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 103-236, Apr.

30, 1994, 108 Stat. 382, known as the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995. For complete

classification of this Act to the Code, see Short Title of 1994

Amendment note set out under section 2651 of this title and Tables.

The Foreign Assistance Act of 1961, as amended, referred to in

subsec. (a), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, which is classified principally to this chapter (Sec. 2151

et seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

The Arms Export Control Act, referred to in subsec. (a), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2751 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995, and not as part of

the Foreign Assistance Act of 1961 which comprises this chapter.

-EXEC-

DELEGATION OF RESPONSIBILITIES UNDER FOREIGN RELATIONS

AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995

Memorandum of President of the United States, July 26, 1994, 59

F.R. 40205, provided:

Memorandum for the Secretary of State

By the authority vested in me by the Constitution and laws of the

United States of America, including section 301 of title 3 of the

United States Code, I hereby delegate to the Secretary of State the

functions vested in the President by the following provisions of

the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103-236) (the "Act"): sections 102(g) [22 U.S.C. 287e

note], 161(c) [22 U.S.C. 2651a note], 401(b) [108 Stat. 446],

407(a) [22 U.S.C. 287b note], 409 [22 U.S.C. 287e note], 431(b)

[108 Stat. 459], 514(b) [22 U.S.C. 1928 note], 523 [108 Stat. 473],

527(e) and (g) [22 U.S.C. 2370a(e), (g)], 528 [108 Stat. 477],

532(a) [108 Stat. 480], 574 [22 U.S.C. 2656 note], 583(b)(1) and

(b)(6) [108 Stat. 489, 490], 733 [22 U.S.C. 2779a] and 735(d) [22

U.S.C. 2797b-1].

The functions under section 407(a) of the Act [22 U.S.C. 287b

note] shall be exercised in coordination with the Secretary of

Defense.

The functions under section 527(e) and (g) of the Act [22 U.S.C.

2370a(e), (g)] shall be exercised in consultation with the

Secretary of the Treasury and the heads of other departments and

agencies, as appropriate.

Any reference in this memorandum to any act, order,

determination, or delegation of authority shall be deemed to be a

reference to such act, order, determination, or delegation of

authority as amended from time to time.

The functions delegated by this memorandum may be redelegated

within the Department of State.

You are authorized and directed to publish this memorandum in the

Federal Register.

William J. Clinton.

Memorandum of President of the United States, Jan. 4, 1995, 60

F.R. 3335, provided:

Memorandum for the Secretary of the Treasury

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 301

of title 3, United States Code, I hereby delegate to the Secretary

of the Treasury the functions under section 527(b) of the Foreign

Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law

103-236) [22 U.S.C. 2370a(b)].

Any reference in this memorandum to any Act, order,

determination, or delegation of authority shall be deemed to be a

reference to such Act, order, determination, or delegation of

authority as amended.

The functions delegated by this memorandum may be redelegated

within the Department of the Treasury.

You are authorized and directed to publish this memorandum in the

Federal Register.

William J. Clinton.

-FOOTNOTE-

(!1) So in original. Probably should be "in".

-End-

-CITE-

22 USC Sec. 2371 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2371. Prohibition on assistance to governments supporting

international terrorism

-STATUTE-

(a) Prohibition

The United States shall not provide any assistance under this

chapter, the Agricultural Trade Development and Assistance Act of

1954 [7 U.S.C. 1691 et seq.], the Peace Corps Act [22 U.S.C. 2501

et seq.], or the Export-Import Bank Act of 1945 [12 U.S.C. 635 et

seq.] to any country if the Secretary of State determines that the

government of that country has repeatedly provided support for acts

of international terrorism.

(b) Publication of determinations

Each determination of the Secretary of State under subsection (a)

of this section, including each determination in effect on December

12, 1989, shall be published in the Federal Register.

(c) Rescission

A determination made by the Secretary of State under subsection

(a) of this section may not be rescinded unless the President

submits to the Speaker of the House of Representatives and the

chairman of the Committee on Foreign Relations of the Senate -

(1) before the proposed rescission would take effect, a report

certifying that -

(A) there has been a fundamental change in the leadership and

policies of the government of the country concerned;

(B) that government is not supporting acts of international

terrorism; and

(C) that government has provided assurances that it will not

support acts of international terrorism in the future; or

(2) at least 45 days before the proposed rescission would take

effect, a report justifying the rescission and certifying that -

(A) the government concerned has not provided any support for

international terrorism during the preceding 6-month period;

and

(B) the government concerned has provided assurances that it

will not support acts of international terrorism in the future.

(d) Waiver

Assistance prohibited by subsection (a) of this section may be

provided to a country described in that subsection if -

(1) the President determines that national security interests

or humanitarian reasons justify a waiver of subsection (a) of

this section, except that humanitarian reasons may not be used to

justify assistance under subchapter II of this chapter (including

part IV, part VI, and part VIII), or the Export-Import Bank Act

of 1945 [12 U.S.C. 635 et seq.]; and

(2) at least 15 days before the waiver takes effect, the

President consults with the Committee on Foreign Affairs of the

House of Representatives and the Committee on Foreign Relations

of the Senate regarding the proposed waiver and submits a report

to the Speaker of the House of Representatives and the chairman

of the Committee on Foreign Relations of the Senate containing -

(A) the name of the recipient country;

(B) a description of the national security interests or

humanitarian reasons which require the waiver;

(C) the type and amount of and the justification for the

assistance to be provided pursuant to the waiver; and

(D) the period of time during which such waiver will be

effective.

The waiver authority granted in this subsection may not be used to

provide any assistance under this chapter which is also prohibited

by section 2780 of this title.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 620A, as added Pub. L. 94-329, title

III, Sec. 303, June 30, 1976, 90 Stat. 753; amended Pub. L. 99-83,

title V, Sec. 503(a), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99-190,

Sec. 101(i) [title V, Sec. 521], Dec. 19, 1985, 99 Stat. 1291,

1305; Pub. L. 101-222, Sec. 5, Dec. 12, 1989, 103 Stat. 1897.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (d), was in the

original "this Act" and "the Foreign Assistance Act of 1961",

respectively, meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424,

as amended. For complete classification of this Act to the Code,

see Short Title note set out under section 2151 of this title and

Tables.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat.

454, as amended, which is classified principally to chapter 41

(Sec. 1691 et seq.) of Title 7, Agriculture. For complete

classification of this Act to the Code, see Short Title note set

out under section 1691 of Title 7 and Tables.

The Peace Corps Act, referred to in subsec. (a), is Pub. L.

87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2501 of this title and

Tables.

The Export-Import Bank Act of 1945, referred to in subsecs. (a)

and (d)(1), is act July 31, 1945, ch. 341, 59 Stat. 526, as

amended, which is classified generally to chapter 6A (Sec. 635 et

seq.) of Title 12, Banks and Banking. For complete classification

of this Act to the Code, see Short Title note set out under section

635 of Title 12 and Tables.

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-222 amended section generally, in subsec. (a)

substituting provisions prohibiting assistance if Secretary of

State determines country has repeatedly supported terrorism, for

provisions prohibiting assistance if President determines country

grants sanctuary to terrorists or otherwise supports terrorism;

redesignating subsec. (b) as (d) and inserting provisions

prohibiting justification of waiver of assistance under specified

Acts and provisions describing contents of report on proposed

waiver; adding subsecs. (b) and (c); and striking out subsec. (c)

which related to imposition of sanction by other countries.

1985 - Subsec. (a). Pub. L. 99-190 inserted reference to the

Export-Import Bank Act of 1945.

Pub. L. 99-83 amended subsec. (a) generally, substituting

provisions relating to covered programs and Presidential

determinations respecting termination of assistance, for provisions

relating to termination of assistance to countries granting

sanctuary to international terrorists and period of ineligibility.

Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally,

substituting provisions relating to waiver of application of

subsec. (a), for provisions relating to reports respecting

continuation of assistance to any country falling within provisions

of former subsec. (a) of this section.

Subsec. (c). Pub. L. 99-83, in amending section generally, added

subsec. (c).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC3-

SELF-DEFENSE IN ACCORDANCE WITH INTERNATIONAL LAW

Section 10 of Pub. L. 101-222 provided that: "The use by any

government of armed force in the exercise of individual or

collective self-defense in accordance with applicable international

agreements and customary international law shall not be considered

an act of international terrorism for purposes of the amendments

made by this Act [see Short Title of 1989 Amendment note, set out

under section 2151 of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 262p-4q, 2152c, 2349aa,

2349aa-10, 2349bb-1, 2349bb-4, 2377, 2378, 2398, 2753, 7205, 7533

of this title; title 8 section 1735; title 18 section 175b; title

28 section 1605.

-End-

-CITE-

22 USC Sec. 2372 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2372. Repealed. Pub. L. 97-113, title VII, Sec. 725(a), Dec.

29, 1981, 95 Stat. 1553

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 620B, as added Pub. L.

95-92, Sec. 11, Aug. 4, 1977, 91 Stat. 619; amended Pub. L. 95-384,

Sec. 12(c)(1), Sept. 26, 1978, 92 Stat. 737, prohibited assistance

and sales to Argentina.

-End-

-CITE-

22 USC Sec. 2372a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2372a. Renewal, reissuance, etc., of export licenses to or for

Argentina

-STATUTE-

Any export license referred to in section 2372 (!1) of this title

which is issued initially on or before September 30, 1978 may from

time to time thereafter be renewed, reissued or modified (or in the

event of lapse of such license, replacement licenses may be

issued), provided that any such renewal, reissuance or modification

(or any such replacement license) does not change significantly any

such license as initially issued.

-SOURCE-

(Pub. L. 95-240, title II, Sec. 210, Mar. 7, 1978, 92 Stat. 118.)

-REFTEXT-

REFERENCES IN TEXT

Section 2372 of this title, referred to in text, was in the

original "Section 11 of Public Law 95-92", meaning section 11 of

Pub. L. 95-92, Aug. 4, 1977, 91 Stat. 619, which added section 620B

of Pub. L. 87-195. Section 620B of Pub. L. 87-195 was classified to

section 2372 of this title and was repealed by Pub. L. 97-113,

title VII, Sec. 725(a), Dec. 29, 1981, 95 Stat. 1553.

-COD-

CODIFICATION

Section was enacted as part of the Supplemental Appropriations

Act, 1978, and not as part of the Foreign Assistance Act of 1961

which comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2373 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2373. Eastern Mediterranean policy requirements

-STATUTE-

(a) Congressional declaration and statement of findings

The Congress declares that the achievement of a just and lasting

Cyprus settlement is and will remain a central objective of United

States foreign policy. The Congress further declares that any

action of the United States with respect to section 2370(x) (!1) of

this title shall not signify a lessening of the United States

commitment to a just solution to the conflict on Cyprus but is

authorized in the expectation that this action will be conducive to

achievement of a Cyprus solution and a general improvement in

relations among Greece, Turkey, and Cyprus and between those

countries and the United States. The Congress finds that -

(1) a just settlement on Cyprus must involve the establishment

of a free and independent government on Cyprus and must guarantee

that the human rights of all of the people of Cyprus are fully

protected;

(2) a just settlement on Cyprus must include the withdrawal of

Turkish military forces from Cyprus;

(3) the guidelines for inter-communal talks agreed to in

Nicosia in February 1977 and the United Nations resolutions

regarding Cyprus provide a sound basis for negotiation of a just

settlement on Cyprus;

(4) serious negotiations, under United Nations auspices, will

be necessary to achieve agreement on, and implementation of,

constitutional and territorial terms within such guidelines; and

(5) the recent proposals by both Cypriot communities regarding

the return of the refugees to the city of New Famagusta (Varosha)

constitute a positive step and the United States should actively

support the efforts of the Secretary General of the United

Nations with respect to this issue.

(b) Governing principles

United States policy regarding Cyprus, Greece, and Turkey shall

be directed toward the restoration of a stable and peaceful

atmosphere in the Eastern Mediterranean region and shall therefore

be governed by the following principles:

(1) The United States shall actively support the resolution of

differences through negotiations and internationally established

peaceful procedures, shall encourage all parties to avoid

provocative actions, and shall strongly oppose any attempt to

resolve disputes through force or threat of force.

(2) The United States will accord full support and high

priority to efforts, particularly those of the United Nations, to

bring about a prompt, peaceful settlement on Cyprus.

(3) All defense articles furnished by the United States to

countries in the Eastern Mediterranean region will be used only

in accordance with the requirements of this chapter, the Arms

Export Control Act [22 U.S.C. 2751 et seq.], and the agreements

under which those defense articles were furnished.

(4) The United States will furnish security assistance for

Greece and Turkey only when furnishing that assistance is

intended solely for defensive purposes, including when necessary

to enable the recipient country to fulfill its responsibilities

as a member of the North Atlantic Treaty Organization, and shall

be designed to ensure that the present balance of military

strength among countries of the region, including between Greece

and Turkey, is preserved. Nothing in this paragraph shall be

construed to prohibit the transfer of defense articles to Greece

or Turkey for legitimate self defense or to enable Greece or

Turkey to fulfill their North Atlantic Treaty Organization

obligations.

(5) The United States shall use its influence to ensure the

continuation of the ceasefire on Cyprus until an equitable

negotiated settlement is reached.

(6) The United States shall use its influence to achieve the

withdrawal of Turkish military forces from Cyprus in the context

of a solution to the Cyprus problem.

(c) Review of policy; report to Congress

Because progress toward a Cyprus settlement is a high priority of

United States policy in the Eastern Mediterranean, the President

and the Congress shall continually review that progress and shall

determine United States policy in the region accordingly. To

facilitate such a review the President shall, within 60 days after

the date of enactment of this section and at the end of each

succeeding 60-day period, transmit to the Speaker of the House of

Representatives and the chairman of the Committee on Foreign

Relations of the Senate a report on progress made toward the

conclusion of a negotiated solution of the Cyprus problem. Such

transmissions shall include any relevant reports prepared by the

Secretary General of the United Nations for the Security Council.

(d) Certification by President to Congress of assistance to Greece

and Turkey

In order to ensure that United States assistance is furnished

consistent with the policies established in this section, the

President shall, whenever requesting any funds for security

assistance under this chapter or the Arms Export Control Act [22

U.S.C. 2751 et seq.] for Greece and Turkey, transmit to the Speaker

of the House of Representatives and the chairman of the Committee

on Foreign Relations of the Senate his certification, with a full

explanation thereof, that the furnishing of such assistance will be

consistent with the principles set forth in subsection (b). The

President shall also submit such a certification with any

notification to the Congress, pursuant to section 36(b) of the Arms

Export Control Act [22 U.S.C. 2776(b)], of a proposed sale of

defense articles or services to Greece or Turkey.

(e) Arms sales agreements to prohibit transfer to Cyprus

(1) Any agreement for the sale or provision of any article on the

United States Munitions List (established pursuant to section 38 of

the Arms Export Control Act [22 U.S.C. 2778]) entered into by the

United States after December 22, 1987, shall expressly state that

the article is being provided by the United States only with the

understanding that it will not be transferred to Cyprus or

otherwise used to further the severance or division of Cyprus.

(2) The President shall report to Congress any substantial

evidence that equipment provided under any such agreement has been

used in a manner inconsistent with the purposes of this subsection.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 620C, as added Pub. L. 95-384, Sec.

13(b), Sept. 26, 1978, 92 Stat. 737; amended Pub. L. 100-202, Sec.

101(e) [title V, Sec. 562], Dec. 22, 1987, 101 Stat. 1329-131,

1329-171.)

-REFTEXT-

REFERENCES IN TEXT

Section 2370(x) of this title, referred to in subsec. (a), was

omitted. See Codification note set out under section 2370 of this

title.

This chapter, referred to in subsecs. (b)(3) and (d), was in the

original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75

Stat. 424, as amended, known as the Foreign Assistance Act of 1961.

For complete classification of this Act to the Code, see Short

Title note set out under section 2151 of this title and Tables.

The Arms Export Control Act, referred to in subsecs. (b)(3) and

(d), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended,

which is classified principally to chapter 39 (Sec. 2751 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2751 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (e) of this section were

contained in the following appropriation acts:

Pub. L. 102-391, title V, Sec. 557, Oct. 6, 1992, 106 Stat. 1676.

Pub. L. 101-513, title V, Sec. 560, Nov. 5, 1990, 104 Stat. 2026.

Pub. L. 101-167, title V, Sec. 570, Nov. 21, 1989, 103 Stat.

1245.

Pub. L. 100-461, title V, Sec. 579, Oct. 1, 1988, 102 Stat.

2268-48.

AMENDMENTS

1987 - Subsec. (e). Pub. L. 100-202 added subsec. (e).

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC2-

SPECIAL AMBASSADORIAL COMMISSION FOR CYPRUS AND THE AEGEAN

Section 101(e) [title V, Sec. 586] of Pub. L. 100-202 provided

that:

"(a) Findings. - The Congress finds that -

"(1) the inability to achieve a just and lasting Cyprus

settlement will continue to affect relations among the United

States and its close NATO allies, Greece and Turkey, to the

detriment of larger, mutually shared, security interests in the

Eastern Mediterranean region;

"(2) it is of paramount importance that Cyprus, Greece, and

Turkey resolve their differences through negotiations and

otherwise peaceful procedures, and that the United States should

support the resolution of these differences through all the

diplomatic means at its disposal;

"(3) it is in the national interest of the United States that

the President make a significant new diplomatic demarche towards

bringing this dispute to a resolution; and

"(4) it is also in the national interest of the United States

to undertake a diplomatic initiative to promote the peaceful and

equitable resolution of differences between Greece and Turkey in

the Aegean by fostering a renewed and sustained bilateral

dialogue between those countries on such issues as: the

delineation of the continental shelf, the definition of the

territorial seas, air traffic control over the Aegean, NATO

command and control arrangements in the Aegean, and the status of

Lemnos and NATO exercises in the Aegean.

"(b) Appointment of Special Ambassador. - The President is

authorized to appoint a special ambassadorial level envoy who shall

be responsible for representing the United States in direct

negotiations with the parties to the Cyprus dispute, for

representing the United States in negotiations through

international intermediaries and, generally, lending the good

offices of the United States to the parties in this dispute in

order to facilitate a peaceful settlement on Cyprus. As agreed to

by Greece and Turkey, the special envoy shall also represent the

United States in promoting mutual discussions between those

countries concerning their differences on Aegean issues. The

special ambassador appointed under this section shall have

available the services of two deputies (one to specialize on the

Cyprus question, the other on general Aegean issues) and such

senior level Department of State personnel as may be required by

the special ambassador in order to carry out his responsibilities.

"(c) Report. - Not later than June 1, 1988, the President shall

submit a report to the Congress describing in detail the activities

being undertaken by the special ambassador, the progress being made

toward achievement of a peaceful resolution of the Cyprus dispute,

an assessment of the obstacles to achievement of such a resolution

and of the future role of the United States in acheiving [sic] a

settlement on Cyprus, and an assessment of the progress being made

toward resolution of issues affecting the Aegean region.

"(d) Funding. - Up to $500,000 of the funds appropriated under

any heading of this Act [Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 1988, as enacted by section

101(e) of Pub. L. 101-202] which are allocated for Greece and up to

$500,000 of the funds appropriated under any heading of this Act

which are allocated for Turkey, may be used by the Department of

State for any administrative costs associated with the activities

of the special ambassador and supporting personnel, including

transportation, salaries and per diem."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2321j, 2799b of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2374 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2374. Prohibition on assistance to Afghanistan

-STATUTE-

(a) Prohibition; conditions for resumption of assistance

None of the funds authorized to be appropriated under this

chapter may be used to furnish assistance to Afghanistan nor may

funds authorized to be appropriated under this chapter before

October 1, 1979, be expended for assistance to Afghanistan until

the President certifies to the Congress that -

(1) the Government of Afghanistan has apologized officially and

assumes responsibility for the death of Ambassador Adolph Dubs;

and

(2) the Government of Afghanistan agrees to provide adequate

protection for all personnel of the United States Government in

Afghanistan.

(b) Substantially changed circumstances

The provisions of subsection (a) of this section shall not apply

if the President determines that such assistance is in the national

interest of the United States because of substantially changed

circumstances in Afghanistan.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 620D, as added Pub. L. 96-53, title

V, Sec. 505, Aug. 14, 1979, 93 Stat. 378.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1979, see section 512(a) of Pub. L.

96-53, set out as an Effective Date of 1979 Amendment note under

section 2151 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC2-

RELIEF FOR AFGHAN WOMEN AND CHILDREN

Pub. L. 107-81, Dec. 12, 2001, 115 Stat. 811, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Afghan Women and Children Relief

Act of 2001'.

"SEC. 2. FINDINGS.

"Congress makes the following findings:

"(1) In Afghanistan, Taliban restrictions on women's

participation in society make it nearly impossible for women to

exercise their basic human rights. The Taliban restrictions on

Afghan women's freedom of expression, association, and movement

deny women full participation in society and, consequently, from

effectively securing basic access to work, education, and health

care.

"(2) Afghanistan has one of the highest infant (165 of 1000)

and child (257 of 1000) mortality rates in the world.

"(3) Only 5 percent of rural and 39 percent of urban Afghans

have access to safe drinking water.

"(4) It is estimated that 42 percent of all deaths in

Afghanistan are due to diarrheal diseases caused by contaminated

food and water.

"(5) Over one-third of Afghan children under 5 years of age

suffer from malnutrition, 85,000 of whom die annually.

"(6) Seventy percent of the health care system in Afghanistan

is dependent on foreign assistance.

"(7) As of May 1998, only 20 percent of hospital medical and

surgical beds dedicated to adults were available for women, and

thousands of Afghan women and girls are routinely denied health

care.

"(8) Women are forbidden to leave their homes without being

escorted by a male relative. This prevents many women from

seeking basic necessities like health care and food for their

children. Doctors, virtually all of whom are male, are also not

permitted to provide certain types of care not deemed appropriate

by the Taliban.

"(9) Before the Taliban took control of Kabul, schools were

coeducational, with women accounting for 70 percent of the

teaching force. Women represented about 50 percent of the civil

service corps, and 40 percent of the city's physicians were

women. Today, the Taliban prohibits women from working as

teachers, doctors, and in any other occupation.

"(10) The Taliban prohibit [sic] girls and women from attending

school. In 1998, the Taliban ordered the closing of more than 100

privately funded schools where thousands of young women and girls

were receiving education and training in skills that would have

helped them support themselves and their families.

"(11) Of the many tens of thousands of war widows in

Afghanistan, many are forced to beg for food and to sell their

possessions because they are not allowed to work.

"(12) Resistance movements courageously continue to educate

Afghan girls in secrecy and in foreign countries against Taliban

law.

"SEC. 3. AUTHORIZATION OF ASSISTANCE.

"(a) In General. - Subject to subsection (b), the President is

authorized, on such terms and conditions as the President may

determine, to provide educational and health care assistance for

the women and children living in Afghanistan and as refugees in

neighboring countries.

"(b) Implementation. - (1) In providing assistance under

subsection (a), the President shall ensure that such assistance is

provided in a manner that protects and promotes the human rights of

all people in Afghanistan, utilizing indigenous institutions and

nongovernmental organizations, especially women's organizations, to

the extent possible.

"(2) Beginning 6 months after the date of enactment of this Act

[Dec. 12, 2001], and at least annually for the 2 years thereafter,

the Secretary of State shall submit a report to the Committee on

Appropriations and the Committee on Foreign Relations of the Senate

and the Committee on Appropriations and the Committee on

International Relations of the House of Representatives describing

the activities carried out under this Act and otherwise describing

the condition and status of women and children in Afghanistan and

the persons in refugee camps while United States aid is given to

displaced Afghans.

"(c) Availability of Funds. - Funds made available under the 2001

Emergency Supplemental Appropriations Act for Recovery from and

Response to Terrorist Attacks on the United States (Public Law

107-38) [115 Stat. 220], shall be available to carry out this Act."

HUMANITARIAN ASSISTANCE

Pub. L. 99-83, title IX, Sec. 904, Aug. 8, 1985, 99 Stat. 268,

provided that:

"(a) Authorization. - The President may make available funds

authorized to be appropriated to carry out chapter 4 of part II of

the Foreign Assistance Act of 1961 [part IV of subchapter II of

this chapter] (relating to the economic support fund) for the

provision of food, medicine, or other humanitarian assistance to

the Afghan people, notwithstanding any other provision of law.

"(b) Earmarking of Funds. - Each fiscal year, not less than

$15,000,000 of the aggregate amount of funds available to carry out

chapter 4 of part II of the Foreign Assistance Act of 1961 shall be

available only for humanitarian assistance to the Afghan people

pursuant to subsection (a) of this section.

"(c) Effective Dates. - This section shall take effect on the

date of enactment of this Act [Aug. 8, 1985], except that

subsection (b) shall not apply to fiscal year 1985."

-EXEC-

ASSISTANCE TO AND TRADE WITH AFGHANISTAN

Determination of President of the United States, No. 93-3, Oct.

7, 1992, 57 F.R. 47557, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by section 620D(b) of the

Foreign Assistance Act of 1961, as amended (22 U.S.C. 2374(b)), I

hereby determine that furnishing assistance to Afghanistan with

funds authorized to be appropriated under that Act is in the

national interest of the United States because of substantially

changed circumstances in Afghanistan.

By virtue of the authority vested in me by section 2(b)(2)(C) of

the Export-Import Bank Act of 1945, as amended (12 U.S.C.

635(b)(2)(C)), I hereby determine that Afghanistan has ceased to be

a Marxist-Leninist country within the definition of such term in

subparagraph (B)(i) of section 2(b)(2) of that Act (12 U.S.C.

635(b)(2)(B)(i)).

In accordance with section 118(c)(1) of Public Law 99-190 (99

Stat. 1319), I hereby provide notice of my intention to restore

nondiscriminatory trade treatment to the products of Afghanistan no

sooner than 30 days following receipt by the Congress of this

memorandum.

Attached to this determination is a Statement of Justification

for these actions, setting forth, among other things, a description

of U.S. national interests in resuming assistance and normal trade

ties with Afghanistan. [Text of Statement of Justification appears

at 57 F.R. 47557.]

You are authorized and directed to report these actions to the

Congress and to publish this memorandum in the Federal Register.

George Bush.

-End-

-CITE-

22 USC Sec. 2375 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2375. Assistance to Pakistan

-STATUTE-

(a) Congressional policy, findings, and goals

The Congress recognizes that Soviet forces occupying Afghanistan

pose a security threat to Pakistan. The Congress also recognizes

that an independent and democratic Pakistan with continued friendly

ties with the United States is in the interest of both nations. The

Congress finds that United States assistance will help Pakistan

maintain its independence. Assistance to Pakistan is intended to

benefit the people of Pakistan by helping them meet the burdens

imposed by the presence of Soviet forces in Afghanistan and by

promoting economic development. In authorizing assistance to

Pakistan, it is the intent of Congress to promote the expeditious

restoration of full civil liberties and representative government

in Pakistan. The Congress further recognizes that it is in the

mutual interest of Pakistan and the United States to avoid the

profoundly destabilizing effects of the proliferation of nuclear

explosive devices or the capacity to manufacture or otherwise

acquire nuclear devices.

(b) Reaffirmation of 1959 bilateral agreement

The United States reaffirms the commitment made in its 1959

bilateral agreement with Pakistan relating to aggression from a

Communist or Communist-dominated state.

(c) Availability; defensive aspects of assistance

Security assistance for Pakistan shall be made available in order

to assist Pakistan in dealing with the threat to its security posed

by the Soviet presence in Afghanistan. The United States will take

appropriate steps to ensure that defense articles provided by the

United States to Pakistan are used for defensive purposes.

(d) Waiver of limitations respecting nuclear transfers

The President may waive the prohibitions of section 2799aa of

this title with respect to any grounds for the prohibition of

assistance under that section arising before the effective date of

part B of the Nuclear Proliferation Prevention Act of 1994 to

provide assistance to Pakistan if he determines that to do so is in

the national interest of the United States.

(e) Nuclear non-proliferation conditions on military assistance;

exception

(1) No military assistance shall be furnished to Pakistan and no

military equipment or technology shall be sold or transferred to

Pakistan, pursuant to the authorities contained in this chapter or

any other Act, unless the President shall have certified in writing

to the Speaker of the House of Representatives and the chairman of

the Committee on Foreign Relations of the Senate, during the fiscal

year in which military assistance is to be furnished or military

equipment or technology is to be sold or transferred, that Pakistan

does not possess a nuclear explosive device and that the proposed

United States military assistance program will reduce significantly

the risk that Pakistan will possess a nuclear explosive device.

(2) The prohibitions in this section do not apply to any

assistance or transfer provided for the purposes of:

(A) International narcotics control (including part VIII of

subchapter I of this chapter) or any provision of law available

for providing assistance for counternarcotics purposes.

(B) Facilitating military-to-military contact, training

(including part V of subchapter II of this chapter) and

humanitarian and civic assistance projects.

(C) Peacekeeping and other multilateral operations (including

part VI of subchapter II of this chapter relating to

peacekeeping) or any provision of law available for providing

assistance for peacekeeping purposes, except that lethal military

equipment provided under this subparagraph shall be provided on a

lease or loan basis only and shall be returned upon completion of

the operation for which it was provided.

(D) Antiterrorism assistance (including part VIII of subchapter

II of this chapter relating to antiterrorism assistance) or any

provision of law available for antiterrorism assistance purposes.

(3) The restrictions of this subsection shall continue to apply

to contracts for the delivery of F-16 aircraft to Pakistan.

(4) Notwithstanding the restrictions contained in this

subsection, military equipment, technology, or defense services,

other than F-16 aircraft, may be transferred to Pakistan pursuant

to contracts or cases entered into before October 1, 1990.

(f) Storage costs

The President may release the Government of Pakistan of its

contractual obligation to pay the United States Government for the

storage costs of items purchased prior to October 1, 1990, but not

delivered by the United States Government pursuant to subsection

(e) of this section and may reimburse the Government of Pakistan

for any such amount paid, on such terms and conditions as the

President may prescribe: Provided, That such payments have no

budgetary impact.

(g) Inapplicability of restrictions to previously owned items

Subsection (e) of this section does not apply to broken, worn or

unupgraded items or their equivalent which Pakistan paid for and

took possession of prior to October 1, 1990 and which the

Government of Pakistan sent to the United States for repair or

upgrade. Such equipment or its equivalent may be returned to the

Government of Pakistan: Provided, That the President determines and

so certifies to the appropriate congressional committees that such

equipment or equivalent neither constitutes nor has received any

significant qualitative upgrade since being transferred to the

United States and that its total value does not exceed $25,000,000.

(h) Ballistic missile sanctions not affected

Nothing contained herein shall affect sanctions for transfers of

missile equipment or technology required under section 2410b of

title 50, Appendix, or section 2797b of this title.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 620E, as added Pub. L. 97-113, title

VII, Sec. 736, Dec. 29, 1981, 95 Stat. 1561; amended Pub. L. 99-83,

title IX, Sec. 902, Aug. 8, 1985, 99 Stat. 267; Pub. L. 100-202,

Sec. 101(e) [title V, Sec. 557], Dec. 22, 1987, 101 Stat. 1329-131,

1329-170; Pub. L. 101-167, title V, Sec. 591, Nov. 21, 1989, 103

Stat. 1253; Pub. L. 101-513, title V, Sec. 574(a), Nov. 5, 1990,

104 Stat. 2042; Pub. L. 102-145, Sec. 118, as added Pub. L.

102-266, Sec. 102, Apr. 1, 1992, 106 Stat. 93; Pub. L. 102-391,

title V, Sec. 570(a), Oct. 6, 1992, 106 Stat. 1681; Pub. L. 103-87,

title V, Sec. 536(a), Sept. 30, 1993, 107 Stat. 955; Pub. L.

103-236, title VIII, Sec. 822(b)(2), Apr. 30, 1994, 108 Stat. 512;

Pub. L. 104-107, title V, Sec. 559(a), Feb. 12, 1996, 110 Stat.

743.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of part B of the Nuclear Proliferation

Prevention Act of 1994, referred to in subsec. (d), as the date 60

days after Apr. 30, 1994, see section 831 of Pub. L. 103-236, set

out as an Effective Date note under section 6301 of this title.

This chapter, referred to in subsec. (e), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-COD-

CODIFICATION

Amendment by Pub. L. 102-145 is based on section 572(a) of H.R.

2621, One Hundred Second Congress, 1st Session, as passed by the

House of Representatives on June 19, 1991, which was enacted into

law by Pub. L. 102-145, Sec. 118, as added by Pub. L. 102-266, Sec.

102, Apr. 1, 1992, 106 Stat. 93. Section 118 of Pub. L. 102-145

provided that the authority and conditions provided in such section

572 shall be applicable to funds appropriated by Pub. L. 102-145

(and are hereby enacted) in lieu of the authority and conditions

provided in section 574 of Pub. L. 101-513. See 1990, 1991, and

1992 Amendment notes below.

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-107, Sec. 559(a)(1), designated

existing provisions as par. (1), substituted "military assistance"

for "assistance" wherever appearing, and added par. (2).

Subsecs. (f) to (h). Pub. L. 104-107, Sec. 559(a)(2), added

subsecs. (f) to (h).

1994 - Subsec. (d). Pub. L. 103-236 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "The

President may waive the prohibitions of section 2429 of this title

at any time during the period beginning on December 29, 1981, and

ending on September 30, 1994, to provide assistance to Pakistan

during that period if he determines that to do so is in the

national interest of the United States."

1993 - Subsec. (d). Pub. L. 103-87, which directed the

substitution of "September 30, 1994" for the date specified in

subsec. (d), was executed by substituting "September 30, 1994" for

"September 30, 1993". See 1992 Amendment note below.

1992 - Subsec. (d). Pub. L. 102-391, which directed the

substitution of "September 30, 1993" for the date specified in

subsec. (d), was executed by substituting "September 30, 1993" for

"April 1, 1993". See 1991 Amendment note below.

Pub. L. 102-266 added Pub. L. 102-145, Sec. 118. See 1991

Amendment note below.

1991 - Subsec. (d). Pub. L. 102-145, Sec. 118, as added by Pub.

L. 102-266, which directed the amendment of subsec. (d) by

substituting "April 1, 1993" for "April 1, 1991" in lieu of

amendment by Pub. L. 101-513, Sec. 574(a), was executed by

substituting "April 1, 1993" for "April 1, 1992" to reflect the

probable intent of Congress. See Codification note above and 1990

Amendment note below.

1990 - Subsec. (d). Pub. L. 101-513 substituted "April 1, 1992"

for "April 1, 1991".

1989 - Subsec. (d). Pub. L. 101-167 substituted "April 1, 1991"

for "April 1, 1990".

1987 - Subsec. (d). Pub. L. 100-202 substituted "April 1, 1990"

for "September 30, 1987".

1985 - Subsec. (e). Pub. L. 99-83 added subsec. (e).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,

1994, see section 831 of Pub. L. 103-236, set out as an Effective

Date note under section 6301 of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-EXEC-

NUCLEAR NON-PROLIFERATION CONDITIONS ON ASSISTANCE FOR PAKISTAN

Determination of the President of the United States, No. 90-15,

Mar. 28, 1990, 55 F.R. 17417, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution

and laws of the United States of America, including section 620E(d)

of the Foreign Assistance Act of 1961, as amended ("the Act") (22

U.S.C. 2375(d)), I hereby determine, pursuant to section 620E(d) of

the Act, that provision of assistance to Pakistan under the Act [22

U.S.C. 2151 et seq.] through April 1, 1991, is in the national

interest of the United States, and therefore waive the prohibitions

of section 669 of the Act (22 U.S.C. 2429) with respect to that

period.

You are authorized and directed to transmit this determination,

together with the statement setting forth specific reasons

therefor, to the Congress immediately.

This determination shall be published in the Federal Register.

George Bush.

Prior determinations and certifications were contained in the

following:

Determination of the President of the United States, No. 90-1,

Oct. 5, 1989, 54 F.R. 43797.

Determination of the President of the United States, No. 89-7,

Nov. 18, 1988, 53 F.R. 49111.

Determination of the President of the United States, No. 88-5,

Jan. 15, 1988, 53 F.R. 3325.

Determination of the President of the United States, No. 88-4,

Dec. 17, 1987, 53 F.R. 773.

Determination of the President of the United States, No. 87-3,

Oct. 27, 1986, 51 F.R. 40301.

Determination of the President of the United States, No. 86-03,

Nov. 25, 1985, 50 F.R. 50273.

-MISC2-

WAIVER OF SANCTIONS

Sanctions contained in subsec. (e) waived in certain regards with

respect to India by Determination of President of the United

States, No. 2000-18, Mar. 16, 2000, 65 F.R. 16297, set out as a

note under section 2799aa-1 of this title.

Sanctions contained in subsec. (e) waived in certain regards by

Determination of President of the United States, No. 2000-4, Oct.

27, 1999, 64 F.R. 60649, set out as a note under section 2799aa-1

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3281 of this title.

-End-

-CITE-

22 USC Sec. 2376 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2376. Nuclear non-proliferation policy in South Asia

-STATUTE-

(a) Findings

The Congress finds that -

(1) the proliferation of weapons of mass destruction remains

one of the most serious threats to international peace and

stability;

(2) South Asia, in particular, is an area where the threat of a

regional nuclear exchange remains high due to continued

Indo-Pakistani tensions over issues such as Kashmir;

(3) to date, United States efforts to halt proliferation in

South Asia have failed;

(4) although global disarmament is a desirable goal which

should be vigorously pursued, both regional and sub-regional

security arrangements can serve to decrease tensions and promote

non-proliferation in certain areas;

(5) thus far, there has been some success on a regional basis,

such as the South Pacific Nuclear Weapons Free Zone and the

Treaty of Tlatelolco in Latin America;

(6) in particular, in Latin America, the Treaty of Tlatelolco

has been signed by all the nuclear powers;

(7) a critical part of this treaty is Protocol II which

prohibits nuclear attacks by nuclear weapons states on

signatories to the treaty;

(8) in 1991, a proposal was made for a regional conference on

non-proliferation in South Asia which would include Pakistan,

India, the People's Republic of China, the Soviet Union, and the

United States; and

(9) thus far, Pakistan, China, Russia, and the United States

have expressed interest in attending such a conference, whereas

India has refused to attend.

(b) Policy

It is the sense of the Congress that the President should pursue

a policy which seeks a regional negotiated solution to the issue of

nuclear non-proliferation in South Asia at the earliest possible

time, including a protocol to be signed by all nuclear weapons

states, prohibiting nuclear attacks by nuclear weapons states on

countries in the region. Such a policy should have as its ultimate

goal concurrent accession by Pakistan and India to the Nuclear

Non-Proliferation Treaty, and should also include as needed a

phased approach to that goal through a series of agreements among

the parties on nuclear issues, such as the agreement reached by

Pakistan and India not to attack one another's nuclear facilities.

(c) Report on progress toward regional non-proliferation

Not later than April 1 of each year, the President shall submit a

report to the Committees on Appropriations, the Speaker of the

House of Representatives, and the chairman of the Committee on

Foreign Relations of the Senate, on nuclear proliferation in South

Asia, including efforts taken by the United States to achieve a

regional agreement on nuclear non-proliferation, and including a

comprehensive list of the obstacles to concluding such a regional

agreement.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 620F, as added Pub. L. 102-391,

title V, Sec. 585(a), Oct. 6, 1992, 106 Stat. 1688; amended Pub. L.

105-277, div. G, subdiv. B, title XXII, Sec. 2219(b), Oct. 21,

1998, 112 Stat. 2681-817.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-277, which directed the

substitution of "Not later than April 1 of each year," for "Not

later than April 1, 1993 and every six months thereafter," was

executed by making the substitution for text which contained a

comma after "1993" to reflect the probable intent of Congress.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-EXEC-

DELEGATION OF AUTHORITY WITH RESPECT TO REPORTS TO CONGRESS

CONCERNING PROGRESS TOWARD NONPROLIFERATION IN SOUTH ASIA

Memorandum of President of the United States, Mar. 30, 1994, 59

F.R. 17229, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by the Constitution and

laws of the United States, including section 301 of title 3 of the

United States Code, I hereby delegate to the Secretary of State the

functions vested in the President by section 620F(c) of the Foreign

Assistance Act of 1961, as amended (22 U.S.C. 2376(c)).

Any report prepared pursuant to this delegation of authority

shall be coordinated with other agencies, as appropriate, and the

Assistant to the President for National Security Affairs, before

submission to the Congress.

The Secretary of State is authorized and directed to publish this

memorandum in the Federal Register.

William J. Clinton.

-End-

-CITE-

22 USC Sec. 2377 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2377. Prohibition on assistance to countries that aid

terrorist states

-STATUTE-

(a) Withholding of assistance

The President shall withhold assistance under this chapter to the

government of any country that provides assistance to the

government of any other country for which the Secretary of State

has made a determination under section 2371 of this title.

(b) Waiver

Assistance prohibited by this section may be furnished to a

foreign government described in subsection (a) of this section if

the President determines that furnishing such assistance is

important to the national interests of the United States and, not

later than 15 days before obligating such assistance, furnishes a

report to the appropriate committees of Congress including -

(1) a statement of the determination;

(2) a detailed explanation of the assistance to be provided;

(3) the estimated dollar amount of the assistance; and

(4) an explanation of how the assistance furthers United States

national interests.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 620G, as added Pub. L. 104-132,

title III, Sec. 325, Apr. 24, 1996, 110 Stat. 1256.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-COD-

CODIFICATION

Another section 620G of Pub. L. 87-195 is classified to section

2378a of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC1-

CONGRESSIONAL FINDINGS

Section 324 of Pub. L. 104-132 provided that: "The Congress finds

that -

"(1) international terrorism is among the most serious

transnational threats faced by the United States and its allies,

far eclipsing the dangers posed by population growth or

pollution;

"(2) the President should continue to make efforts to counter

international terrorism a national security priority;

"(3) because the United Nations has been an inadequate forum

for the discussion of cooperative, multilateral responses to the

threat of international terrorism, the President should undertake

immediate efforts to develop effective multilateral responses to

international terrorism as a complement to national counter

terrorist efforts;

"(4) the President should use all necessary means, including

covert action and military force, to disrupt, dismantle, and

destroy international infrastructure used by international

terrorists, including overseas terrorist training facilities and

safe havens;

"(5) the Congress deplores decisions to ease, evade, or end

international sanctions on state sponsors of terrorism, including

the recent decision by the United Nations Sanctions Committee to

allow airline flights to and from Libya despite Libya's

noncompliance with United Nations resolutions; and

"(6) the President should continue to undertake efforts to

increase the international isolation of state sponsors of

international terrorism, including efforts to strengthen

international sanctions, and should oppose any future initiatives

to ease sanctions on Libya or other state sponsors of terrorism."

-CROSS-

"ASSISTANCE" DEFINED

Assistance defined for purposes of title III of Pub. L. 104-132,

see section 329 of Pub. L. 104-132, set out as a note under section

2349aa-10 of this title.

-End-

-CITE-

22 USC Sec. 2378 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2378. Prohibition on assistance to countries that provide

military equipment to terrorist states

-STATUTE-

(a) Prohibition

(1) In general

The President shall withhold assistance under this chapter to

the government of any country that provides lethal military

equipment to a country the government of which the Secretary of

State has determined is a terrorist government for the purposes

of section 2405(j) of title 50, Appendix, or 2371 of this title.

(2) Applicability

The prohibition under this section with respect to a foreign

government shall terminate 1 year after that government ceases to

provide lethal military equipment. This section applies with

respect to lethal military equipment provided under a contract

entered into after April 24, 1996.

(b) Waiver

Notwithstanding any other provision of law, assistance may be

furnished to a foreign government described in subsection (a) of

this section if the President determines that furnishing such

assistance is important to the national interests of the United

States and, not later than 15 days before obligating such

assistance, furnishes a report to the appropriate committees of

Congress including -

(1) a statement of the determination;

(2) a detailed explanation of the assistance to be provided;

(3) the estimated dollar amount of the assistance; and

(4) an explanation of how the assistance furthers United States

national interests.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 620H, as added Pub. L. 104-132,

title III, Sec. 326, Apr. 24, 1996, 110 Stat. 1256.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(1), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-COD-

CODIFICATION

April 24, 1966, referred to in subsec. (a)(2), was in the

original "the date of enactment of this Act", which was translated

as meaning the date of enactment of Pub. L. 104-132, which enacted

this section, to reflect the probable intent of Congress.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-CROSS-

"ASSISTANCE" DEFINED

Assistance defined for purposes of title III of Pub. L. 104-132,

see section 329 of Pub. L. 104-132, set out as a note under section

2349aa-10 of this title.

-End-

-CITE-

22 USC Sec. 2378-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2378-1. Prohibition on assistance to countries that restrict

United States humanitarian assistance

-STATUTE-

(a) In general

No assistance shall be furnished under this chapter or the Arms

Export Control Act [22 U.S.C. 2751 et seq.] to any country when it

is made known to the President that the government of such country

prohibits or otherwise restricts, directly or indirectly, the

transport or delivery of United States humanitarian assistance.

(b) Exception

Assistance may be furnished without regard to the restriction in

subsection (a) of this section if the President determines that to

do so is in the national security interest of the United States.

(c) Notice

Prior to making any determination under subsection (b) of this

section, the President shall notify the Committee on International

Relations, the Committee on Foreign Relations, and the Committees

on Appropriations of the Senate and House of Representatives of his

intention to make such a determination, the effective date of the

determination, and the reasons for making the determination.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 620I, as added Pub. L. 104-208, div.

A, title I, Sec. 101(c) [title V, Sec. 559], Sept. 30, 1996, 110

Stat. 3009-121, 3009-161.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

The Arms Export Control Act, referred to in subsec. (a), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2751 of this title and

Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2378a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part I - General Provisions

-HEAD-

Sec. 2378a. Depleted uranium ammunition

-STATUTE-

(a) Prohibition

Except as provided in subsection (b) of this section, none of the

funds made available to carry out this chapter or any other Act may

be made available to facilitate in any way the sale of M-833

antitank shells or any comparable antitank shells containing a

depleted uranium penetrating component to any country other than -

(1) a country that is a member of the North Atlantic Treaty

Organization;

(2) a country that has been designated as a major non-NATO ally

(as defined in section 2403(q) of this title); or

(3) Taiwan.

(b) Exception

The prohibition contained in subsection (a) of this section shall

not apply with respect to the use of funds to facilitate the sale

of antitank shells to a country if the President determines that to

do so is in the national security interest of the United States.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 620G, as added Pub. L. 104-164,

title I, Sec. 149, July 21, 1996, 110 Stat. 1436.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-COD-

CODIFICATION

Another section 620G of Pub. L. 87-195 is classified to section

2377 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Part II - Administrative Provisions 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

PART II - ADMINISTRATIVE PROVISIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 7516 of this title.

-End-

-CITE-

22 USC Sec. 2381 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2381. Exercise of functions

-STATUTE-

(a) Delegation by President; rules and regulations; utilization of

goods and services from private enterprise, and facilities and

resources of Federal agencies when not competitive with private

enterprise

The President may exercise any functions conferred upon him by

this chapter through such agency or officer of the United States

Government as he shall direct. The head of any such agency or such

officer may from time to time promulgate such rules and regulations

as may be necessary to carry out such functions, and may delegate

authority to perform any such functions, including, if he shall so

specify, the authority successively to redelegate any of such

functions to any of his subordinates. In providing technical

assistance under this chapter, the head of any such agency or such

officer shall utilize, to the fullest extent practicable, goods and

professional and other services from private enterprise on a

contract basis. In such fields as education, health, housing, or

agriculture, the facilities and resources of other Federal agencies

shall be utilized when such facilities are particularly or uniquely

suitable for technical assistance, are not competitive with private

enterprise, and can be made available without interfering unduly

with domestic programs.

(b) Eligibility of suppliers; debarment period; causes for

debarment; conditions for reinstatement; periodic review

The President shall issue and enforce regulations determining the

eligibility of any person to receive funds made available under

this chapter. A person may be suspended under such regulations for

a temporary period pending the completion of an investigation and

any resulting judicial or debarment proceedings, upon cause for

belief that such person or an affiliate thereof probably has

undertaken conduct which constitutes a cause for debarment; and,

after an opportunity has been afforded to such person for a

hearing, he may be debarred for an additional period, not to exceed

three years. Among the causes for debarment shall be (1) offering

or accepting a bribe or other illegal payment or credit in

connection with any transaction financed with funds made available

under this chapter; or (2) committing a fraud in the procurement or

performance of any contract financed with funds made available

under this chapter; or (3) acting in any other manner which shows a

lack of integrity or honesty in connection with any transaction

financed with funds made available under this chapter.

Reinstatement of eligibility in each particular case shall be

subject to such conditions as the President shall direct. Each

person whose eligibility is denied or suspended under this

subsection shall, upon request, be entitled to a review of his

eligibility not less often than once every two years.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 621, Sept. 4, 1961, 75 Stat. 445;

Pub. L. 87-565, pt. III, Sec. 302(a), Aug. 1, 1962, 76 Stat. 262;

Pub. L. 88-205, pt. III, Sec. 302(a), Dec. 16, 1963, 77 Stat. 388;

Pub. L. 90-554, pt. III, Sec. 302(a), Oct. 8, 1968, 82 Stat. 964.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-554 designated existing provisions as subsec.

(a) and added subsec. (b).

1963 - Pub. L. 88-205 provided that goods and professional and

other services from private enterprise should be utilized on a

contract basis, and that Federal agencies be utilized only when not

competitive with private enterprise and available without

interfering unduly with domestic programs.

1962 - Pub. L. 87-565 struck out designation "(a)" from

provisions of subsec. (a), and repealed subsecs. (b) to (e) which

related to the abolition of the Development Loan Fund,

International Cooperation Administration, and the Office of

Inspector General and Comptroller, the transfer of their functions,

and the transfer of the function of the Export-Import Bank under

section 1704(e) of title 7.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out below.

-MISC2-

AID OFFICE OF SECURITY

Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 587], Oct.

21, 1998, 112 Stat. 2681-150, 2681-204, as amended by Pub. L.

106-31, title V, Sec. 5002(b), May 21, 1999, 113 Stat. 109,

provided that:

"(a) Establishment of Office. - There shall be established within

the Office of the Administrator of the Agency for International

Development, an Office of Security. Such Office of Security shall,

notwithstanding any other provision of law except section 207 of

the Foreign Service Act of 1980 [22 U.S.C. 3927] and section 103 of

Public Law 99-339 [22 U.S.C. 4802], have the responsibility for the

supervision, direction, and control of all security activities

relating to the programs and operations of that Agency.

"(b) Transfer and Allocation of Appropriations and Personnel. -

There are transferred to the Office of Security all security

functions exercised by the Office of Inspector General of the

Agency for International Development exercised before the date of

enactment of this Act [Oct. 21, 1998]. The Administrator shall

transfer from the Office of the Inspector General of such Agency to

the Office of Security established by subsection (a), the personnel

(including the Senior Executive Service position designated for the

Assistant Inspector General for Security), assets, liabilities,

grants, contracts, property, records, and unexpended balances of

appropriations, and other funds held, used, available to, or to be

made available in connection with such functions. Unexpended

balances of appropriations, and other funds made available or to be

made available in connection with such functions, shall be

transferred to and merged with funds appropriated by this Act under

the heading 'Operating Expenses of the Agency for International

Development' [112 Stat. 2681-157].

"(c) Transfer of Employees. - Any employee in the career service

who is transferred pursuant to this section shall be placed in a

position in the Office of Security established by subsection (a)

which is comparable to the position the employee held in the Office

of the Inspector General of the Agency for International

Development."

AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET SUBMISSION

Pub. L. 106-429, Sec. 101(a) [title V, Sec. 576], Nov. 6, 2000,

114 Stat. 1900, 1900A-54, provided that: "The Agency for

International Development shall submit to the Committees on

Appropriations a detailed budget justification that is consistent

with the requirements of section 515 [114 Stat. 1900A-26], for each

fiscal year. The Agency shall submit to the Committees on

Appropriations a proposed budget justification format no later than

November 15, 2000, or 30 days after the enactment of this Act [Nov.

6, 2000], whichever occurs later. The proposed format shall include

how the Agency's budget justification will address: (1) estimated

levels of obligations for the current fiscal year and actual levels

for the 2 previous fiscal years; (2) the President's request for

new budget authority and estimated carryover obligational authority

for the budget year; (3) the disaggregation of budget data and

staff levels by program and activity for each bureau, field

mission, and central office; and (4) the need for a user-friendly,

transparent budget narrative."

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 581],

Nov. 29, 1999, 113 Stat. 1535, 1501A-116, provided that: "Beginning

with the fiscal year 2001 budget, the Agency for International

Development shall submit to the Committees on Appropriations a

detailed budget for each fiscal year. The Agency shall submit to

the Committees on Appropriations a proposed budget format no later

than October 31, 1999, or 30 days after the enactment of this Act

[Nov. 29, 1999], whichever occurs later. The proposed format shall

include how the Agency's budget submission will address: (1)

estimated levels of obligations for the current fiscal year and

actual levels for the two previous fiscal years; (2) the

President's request for new budget authority and estimated

carryover obligational authority for the budget year; (3) the

disaggregation of budget data by program and activity for each

bureau, field mission, and central office; and (4) staff levels

identified by program."

Pub. L. 102-391, title V, Sec. 599E, Oct. 6, 1992, 106 Stat.

1698, provided that: "The President shall include with each budget

for a fiscal year submitted to the Congress under section 1105 of

title 31, United States Code, materials that shall identify clearly

and separately the amounts requested in the budget for

appropriation for that fiscal year for salaries and expenses

related to administrative activities of the Agency for

International Development."

REORGANIZATION PLAN NO. 2 OF 1979

Reorganization Plan No. 2 of 1979, 44 F.R. 41165, 93 Stat. 1378,

which established the United States International Development

Cooperation Agency, was repealed by Pub. L. 105-277, div. G,

subdiv. A, title XIV, Secs. 1401, 1422(a)(1), Oct. 21, 1998, 112

Stat. 2681-790, 2681-792, effective Apr. 1, 1999.

-EXEC-

EXECUTIVE ORDER NO. 10973

Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended,

which related to the administration of foreign assistance and

related functions, was revoked by Ex. Ord. No. 12163, Sec.

1-903(a)(1), Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set

out below.

Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended, was

superseded insofar as any provision therein was in conflict with

any provision of Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969,

set out as a note under section 2191 of this title.

EX. ORD. NO. 12163. ADMINISTRATION OF FOREIGN ASSISTANCE AND

RELATED FUNCTIONS

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended by

Ex. Ord. No. 12226, July 22, 1980, 45 F.R. 49235; Ex. Ord. No.

12292, Feb. 23, 1981, 46 F.R. 13968; Ex. Ord. No. 12321, Sept. 14,

1981, 46 F.R. 46109; Ex. Ord. No. 12365, May 24, 1982, 47 F.R.

22933; Ex. Ord. No. 12423, May 26, 1983, 48 F.R. 24025; Ex. Ord.

No. 12458, Jan. 14, 1984, 49 F.R. 1977; Ex. Ord. No. 12500, Jan.

24, 1985, 50 F.R. 3733; Ex. Ord. No. 12560, May 24, 1986, 51 F.R.

19159; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord.

No. 12620, Dec. 24, 1987, 52 F.R. 49135; Ex. Ord. No. 12639, May 6,

1988, 53 F.R. 16691; Ex. Ord. No. 12680, July 5, 1989, 54 F.R.

28995; Ex. Ord. No. 12695, Nov. 1, 1989, 54 F.R. 46589; Ex. Ord.

No. 12738, Secs. 1-6, Dec. 14, 1990, 55 F.R. 52033; Ex. Ord. No.

13030, Sec. 1, Dec. 12, 1996, 61 F.R. 66187; Ex. Ord. No. 13091,

Sec. 2, June 29, 1998, 63 F.R. 36153; Pub. L. 105-277, div. G,

subdiv. A, title XIV, Sec. 1422(a)(2), Oct. 21, 1998, 112 Stat.

2681-792; Ex. Ord. No. 13118, Secs. 1-9, Mar. 31, 1999, 64 F.R.

16595-16598, provided:

By virtue of the authority vested in me by the Foreign Assistance

Act of 1961 [this chapter], Reorganization Plan No. 2 of 1979 [set

out above], the International Development Cooperation Act of 1979

[see Short Title of 1979 Amendment note set out under section 2151

of this title], and section 301 of title 3 of the United States

Code, and as President of the United States, it is hereby ordered

as follows:

-MISC3-

1-1. DEPARTMENT OF STATE

1-100. Delegation of Functions. (a) Exclusive of the functions

otherwise delegated, or reserved to the President, by this order,

Executive Order 12884 [22 U.S.C. 5812 note], Executive Order 11579

[22 U.S.C. 2191 note], and Executive Order 12757 [7 U.S.C. 1738

note], and subject to the provisions of such orders, there are

hereby delegated to the Secretary of State (referred to in this

Part as the "Secretary") all functions conferred upon the President

by:

(1) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)

("Act");

(i) except that with respect to section 505(a) of the Act [22

U.S.C. 2314(a)], such functions only insofar as those functions

relate to other provisions which may be required by the

President or only insofar as they relate to consent;

(ii) except that with respect to section 505(b) of the Act,

such functions only insofar as those functions pertain to

countries that agree to the conditions set forth therein;

(2) section 1205(b) of the International Security and

Development Cooperation Act of 1985 ("ISDCA of 1985") [Pub. L.

99-83, 22 U.S.C. 2346 note];

(3) section 8(d) of the Act of January 12, 1971 (22 U.S.C.

2321b(d));

(4) section 607 of the International Security Assistance and

Arms Export Control Act of 1976 (22 U.S.C. 2394a);

(5) section 402(b)(2) of title 10, United States Code, which

shall be exercised in consultation with the Secretary of Defense;

(6) the third proviso under the heading "Development

Assistance" contained in title II of the Foreign Operations,

Export Financing, and Related Programs Appropriations Act, 1999

(as contained in Public Law 105-277) [112 Stat. 2681-153];

(7) section 572 of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 1989 (Public Law

100-461) [22 U.S.C. 2151v note];

(8) sections 508, 517 [22 U.S.C. 5814 note], 518, 528(a), 535

[50 U.S.C. 1701 note], 539 [50 U.S.C. 1701 note], 544, 561, 563,

572, 574, 575, 585, 594 [22 U.S.C. 2753 note] of the Foreign

Operations, Export Financing, and Related Programs Appropriations

Act, 1999 (as contained in Public Law 105-277) [112 Stat.

2681-150, 2681-171, 2681-174, 2681-176, 2681-178, 2681-181,

2681-182, 2681-185, 2681-191, 2681-193, 2681-198, 2681-199,

2681-203, 2681-215];

(9) section 523 of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 1999 (as contained in

Public Law 105-277) [112 Stat. 2681-177], which shall be

exercised in consultation with the Secretary of the Treasury;

(10) section 551 of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 1999 (as contained in

Public Law 105-277) [112 Stat. 2681-187];

(11) section 591 of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 1998 (Public Law

105-118) [111 Stat. 2439], and the provisions of law referenced

therein;

(12) section 821(b) of the Western Hemisphere Drug Elimination

Act (as contained in Public Law 105-277) [22 U.S.C. 2291 note].

(b) The functions under section 653 of the Act [22 U.S.C. 2413]

delegated to the Secretary shall be exercised in consultation with

the Secretary of Defense, insofar as they relate to functions under

the Act administered by the Department of Defense, and the Director

of the Office of Management and Budget.

(c) The functions under sections 239(f), 620(e), 620(g), 620(j),

620(q), and 620(s) of the Act [22 U.S.C. 2199(f), 2370(e), (g),

(j), (q), (s)] delegated to the Secretary shall be exercised in

consultation with the Administrator of the United States Agency for

International Development.

(d) The Secretary shall perform all public information functions

abroad with respect to the foreign assistance, aid, and development

programs of the United States Government, to the extent such

functions are not specifically assigned by statute to be performed

by a different officer.

(e) The Secretary may redelegate to any other officer or agency

of the Executive branch functions delegated to the Secretary by

this order to the extent such delegation is not otherwise

prohibited by law.

1-2. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

1-200. United States Agency for International Development.

(a) The United States Agency for International Development is an

independent establishment within the Executive branch. Any

reference in the Act to the agency primarily responsible for

administering part I of the Act [22 U.S.C. 2151 et seq.], or to the

Administrator of such agency, shall be deemed to be a reference to

the United States Agency for International Development or to the

Administrator of that agency, as appropriate.

(b) The United States Agency for International Development shall

be headed by an Administrator appointed pursuant to section 624(a)

of the Act [22 U.S.C. 2384(a)].

(c) The officers provided for in section 624(a) of the Act shall

serve in the United States Agency for International Development.

(d) The Office of Small Business provided for in section 602(b)

of the Act [22 U.S.C. 2352(b)] shall be in the United States Agency

for International Development.

(e) To the extent practicable, the Administrator of the United

States Agency for International Development will exercise functions

relating to Foreign Service personnel in a manner that will assure

maximum compatibility among agencies authorized by law to utilize

the Foreign Service personnel system. To this end, the

Administrator shall consult regularly with the Secretary of State.

1-3. DEPARTMENT OF DEFENSE

1-301. Delegation of Functions. Subject to the provisions of this

order, there are hereby delegated to the Secretary of Defense:

(a) The functions conferred upon the President by Part II [22

U.S.C. 2301 et seq.] (except chapters 4, 6 and 8 thereof) of the

Act [22 U.S.C. 2346 et seq., 2348 et seq., 2349aa et seq.] not

otherwise delegated or reserved to the President.

(b) To the extent that they relate to other functions under the

Act [this chapter] administered by the Department of Defense, the

functions conferred upon the President by sections 602(a), 605(a),

625(a), 625(d)(1), 625(h), 627, 628, 630(3), 631(a), 634(B), 635(b)

(except with respect to negotiation, conclusion, and termination of

international agreements), 635(d), 635(g), and 636(i) of the Act

[22 U.S.C. 2352(a), 2355(a), 2385(a), (d)(1), (h), 2387, 2388,

2390(3), 2391(a), 2394-1a, 2395(b), (d), (g), and 2396(i)].

(c) Those functions under section 634A of the Act [22 U.S.C.

2394-1], to the extent they relate to notifications to the Congress

concerning changes in programs under chapters 2 and 5 of part II of

the Act [22 U.S.C. 2311 et seq., 2347 et seq.] and under the Arms

Export Control Act, as amended [22 U.S.C. 2751 et seq.], subject to

prior consultation with the Secretary of State.

(d) The functions under sections 627, 628, and 630(3) of the Act

[22 U.S.C. 2387, 2388, and 2390(3)] delegated to the Secretary of

Defense shall be exercised in consultation with the Secretary of

State.

(e) the functions under section 655 of the Act [22 U.S.C. 2415]

insofar as they relate to defense articles, defense services, and

international military education and training furnished by grant or

sale by the Secretary of Defense, except to the extent otherwise

delegated.

(f) Those functions conferred upon the President under section

616 of the ISDCA of 1985 [Pub. L. 99-83, Aug. 8, 1985, 99 Stat.

232].

(g) The functions conferred upon the President under section 573

[22 U.S.C. 2321j note] and section 581(b)(2) of the Foreign

Operations, Export Financing, and Related Programs Appropriations

Act, 1990 (Public Law 101-167) [Nov. 21, 1989, 103 Stat. 1246,

1250].

(h) The functions conferred upon the President under section 3 of

the International Narcotics Control Act of 1989 (Public Law

101-231) [Dec. 13, 1989, 103 Stat. 1955], which shall be exercised

in consultation with the Secretary of State.

1-302. Reports and Information. In carrying out the functions

under section 514 of the Act [22 U.S.C. 2321h] delegated to him by

section 301 of this order, the Secretary of Defense shall consult

with the Secretary of State.

1-4. INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION

[Revoked by Ex. Ord. No. 13118, Sec. 4, Mar. 31, 1999, 64 F.R.

16596]

1-5. OTHER AGENCIES

1-501. Department of the Treasury. (a) There are delegated to the

Secretary of the Treasury the functions conferred upon the

President by:

(1) section 305 [22 U.S.C. 2225], insofar as it relates to the

International Bank for Reconstruction and Development, the

International Development Association, the International Finance

Corporation, the Inter-American Development Bank, the Asian

Development Bank, the African Development Fund, and the

International Monetary Fund;

(2) the second sentence of section 612(a) of the Act [22 U.S.C.

2362(a)];

(3) section 502 of the Mutual Security Act of 1954 (22 U.S.C.

1754); and

(4) section 655(c) of the Act [former 22 U.S.C. 2415(c)].

(b) The Secretary of the Treasury shall continue to administer

any open special foreign country accounts established pursuant to

former section 514 of the Act as enacted by section 201(f) of

Public Law 92-226 (86 Stat. 25) and repealed by Section 12(b)(5) of

Public Law 93-189 (87 Stat. 722) [22 U.S.C. 2321g].

(c) The functions under section 305 of the Act [22 U.S.C. 2225]

delegated to the Secretary of the Treasury shall be exercised in

consultation with the Secretary of State.

1-502. Department of Commerce. There is hereby delegated to the

Secretary of Commerce so much of the functions conferred upon the

President by section 601(b)(1) of the Act [22 U.S.C. 2351(b)(1)] as

consists of drawing the attention of private enterprise to

opportunities for investment and development in less developed

friendly countries and areas.

1-503. Office of Personnel Management. There is hereby delegated

to the Director of the Office of Personnel Management the function

of prescribing regulations conferred upon the President by the

proviso contained in section 625(b) of the Act [22 U.S.C. 2385(b)].

[1-504. Revoked by Ex. Ord. No. 13118, Sec. 5(2), Mar. 31, 1999,

64 F.R. 16597.]

1-505. Trade and Development Agency. There is delegated to the

Director of the Trade and Development Agency the functions

conferred upon the President by section 661(d) of the Act [22

U.S.C. 2421(d)].

[1-506. Revoked by Ex. Ord. No. 13118, Sec. 5(4), Mar. 31, 1999,

64 F.R. 16597.]

1-6. ADDITIONAL DELEGATIONS AND LIMITATIONS OF AUTHORITY;

CONSULTATION

1-601. General Delegation of Functions. There are hereby

delegated to the heads of agencies having responsibilities for

carrying out the provisions of the Act [this chapter] all functions

conferred upon the President by:

(a) section 654 [22 U.S.C. 2414] (except as reserved to the

President); and

(b) those provisions of acts appropriating funds under the

authority of the Act [this chapter] that relate to the Act, or

other acts authorizing such funds, insofar as they relate to the

functions delegated by this order.

1-602. Personnel. (a) In carrying out the functions conferred

upon the President by the provisions of section 625(d) of the Act

[22 U.S.C. 2385(d)], and by this order delegated to the Secretary

of State, the Secretary shall authorize such of the agencies that

administer programs under the Act [this chapter] as he may deem

appropriate to perform any of the functions under section 625(d) of

the Act to the extent that the said functions relate to the

programs administered by the respective agencies.

(b) Persons appointed, employed, or assigned after May 19, 1959,

under section 527(c) of the Mutual Security Act of 1954 [former 22

U.S.C. 1787(c)] or section 625(d) of the Act [22 U.S.C. 2385(d)]

for the purpose of performing functions under such Acts outside the

United States shall not, unless otherwise agreed by the agency in

which such benefits may be exercised, be entitled to the benefits

provided by section 310 of the Foreign Service Act of 1980 (22

U.S.C. 3950) in cases in which their service under the appointment,

employment, or assignment exceeds thirty months.

1-603. Special Missions and Staffs Abroad. The maintenance of

special missions or staffs abroad, the fixing of the ranks of the

chiefs thereof after the chiefs of the United States diplomatic

missions, and the authorization of the same compensation and

allowances authorized for a chief of mission as defined in section

102(a)(3) of the Foreign Service Act of 1980 (22 U.S.C.

3902(a)(3)), all under section 631 of the Act [22 U.S.C. 2391],

shall be subject to the approval of the Secretary of State.

1-604. International Agreements. The negotiation, conclusion, and

termination of international agreements pursuant to the Act [this

chapter] shall be subject to the requirements of 1 U.S.C. 112b and

to applicable regulations and procedures.

1-605. Interagency Consultation. Each officer to whom functions

are delegated by this order, shall, in carrying out such functions,

consult with the heads of other departments and agencies, including

the Director of the Office of Management and Budget, on matters

pertaining to the responsibilities of departments and agencies

other than his or her own.

1-7. RESERVED FUNCTIONS

1-701. Reservation of Functions to the President. There are

hereby excluded from the functions delegated by the foregoing

provisions of this order:

(a) The functions conferred upon the President by sections

122(e), 298(a), 493, 504(b), 613(a), 614(a), 620(a), 620(d),

620(x), 620A, 620C(c), 621(a), 622(b), 622(c), 633(a), 633(b),

640B, and 663(b) of the Act [22 U.S.C. 2151t(e), 2220c(a), 2292b,

2312(b), 2363(a), 2364(a), 2370(a), (d), (x), 2371, 2373(c),

2381(a), 2382(b), (c), 2393(a), (b), 2399c, and 2423(b)].

(b) The functions conferred upon the President by the Act [this

chapter] and section 408(b) of the Mutual Security Act of 1954 [22

U.S.C. 1928] with respect to the appointment of officers required

to be appointed by and with the advice and consent of the Senate

and with respect to the appointment of officers pursuant to

sections 233(b) and 624(c) of the Act [22 U.S.C. 2193(b), 2384(c)].

(c) The functions conferred upon the President with respect to

determinations, certifications, directives, or transfers of funds,

as the case may be, by sections 209(d), 303, 465(b), 490(h),

505(d)(2)(A), 505(d)(3), 506(a), 552(c), 552(e), 610, 614(c), 620E,

632(b), 633A, 663(a) of the Act [22 U.S.C. 2169(d), 2223, 2275(b),

2291j(h), 2314(d)(2)(A), (d)(3), 2318(a), 2348a(c), (e), 2360,

2364(c), 2375, 2392(b), 2393a, 2423(a)]; those under section 604(a)

of the Act [22 U.S.C. 2354(a)] except insofar as they relate to

procurement under chapter 1 of part I and chapter 4 of part II [22

U.S.C. 2151 et seq., 2346 et seq.].

[(d) Redesignated (c).]

(e) The following-described functions conferred upon the

President:

(1) Those under section 503(a) [22 U.S.C. 2311(a)] that relate

to findings: Provided, that the Secretary of State, in the

implementation of the functions delegated to him under section

505(a)(1), (a)(4), and (e) of the Act [22 U.S.C. 2314(a)(1),

(a)(4), and (e)], is authorized to find, in the case of a

proposed transfer of a defense article or related training or a

related defense service by a foreign country or international

organization to a foreign country or international organization

not otherwise eligible under section 503(a) of the Act, whether

the proposed transfer will strengthen the security of the United

States and promote world peace.

(2) Those under section 505(b) [22 U.S.C. 2314(b)] in respect

of countries that do not agree to the conditions set forth

therein.

(3) That under section 614(b) [22 U.S.C. 2364(b)] with respect

to determining any provisions of law to be disregarded to achieve

the purpose of that section.

(4) That under the second sentence of section 654(c) [22 U.S.C.

2414(c)] with respect to the publication in the Federal Register

of any findings or determination reserved to the President:

Provided, that any officer to whom there is delegated the

function of making any finding or determination within the

purview of section 654(a) [22 U.S.C. 2414(a)] is also authorized

to reach the conclusion specified in performance of the function

delegated to him.

(f) That under section 523(d) of the Mutual Security Act of 1954

(22 U.S.C. 1783(d)).

(g) Those under sections 130 [Pub. L. 99-83, Aug. 8, 1985, 99

Stat. 207], 504 and 505 [22 U.S.C. 2349aa-8, 2349aa-9] of the ISDCA

of 1985[.]

1-702. Subsequent Amendments. Functions conferred upon the

President by subsequent amendments to the Act [this chapter] are

delegated to the Secretary only insofar as they do not relate

directly and necessarily to the conduct of programs and activities

that either the President or an agency other than the Department of

State is authorized to administer pursuant to express reservation

or delegation of authorities in a statute or in this or another

Executive order.

1-703. Office of Management and Budget. In this order the

Director of the Office of Management and Budget shall retain all

authorities related to the implementation of his budgetary and

policy coordination functions, including the authority to:

(a) request and receive information from any agency that is

subject to this delegation;

(b) carry out all responsibilities associated with implementing

the Government Performance and Results Act [Pub. L. 103-62, see

Short Title of 1993 Amendment note set out under section 1101 of

Title 31, Money and Finance], the Government Management Reform

Act [Pub. L. 103-356, see Short Title of 1994 Amendment note set

out under section 3301 of Title 31], and other comparable

government-wide statutes dealing with management; and

(c) carry out all statutory budget and policy coordination

responsibilities assigned to the Director of the Office of

Management and Budget by statute or Executive order.

1-8. FUNDS

1-800. Allocation of Funds. Funds described below that are

appropriated or otherwise made available to the President shall be

deemed to be allocated without any further action of the President,

as follows:

(a) Except as provided in subsections (b) and (c), there are

allocated to the Secretary all funds made available for carrying

out the Act, including any funds appropriated under the heading

"Nonproliferation, Anti-Terrorism, Demining and Related Programs".

(b) There are allocated to the Secretary of Defense all funds

made available for carrying out chapters 2 and 5 of Part II of the

Act [22 U.S.C. 2311 et seq., 2347 et seq.].

(c) There are allocated to the Secretary of the Treasury all

funds made available for carrying out section 129 of the Act [22

U.S.C. 2151aa].

(d) The Secretary of State, the Secretary of Defense, and the

Secretary of the Treasury may allocate or transfer as appropriate

any funds received under subsections (a), (b), and (c) of this

section, respectively, to any agency or part thereof for obligation

or expenditure thereby consistent with applicable law.

1-9. GENERAL PROVISIONS

1-901. Definition. As used in this order, the word "function"

includes any duty, obligation, power, authority, responsibility,

right, privilege, discretion, or activity.

1-902. References to Orders and Acts. Except as may for any

reason be inappropriate:

(a) References in this order or in any other Executive order to

(1) the Foreign Assistance Act of 1961 [this chapter] (including

references herein to "the Act"), (2) unrepealed provisions of the

Mutual Security Act of 1954 [act Aug. 26, 1954, ch. 937, 68 Stat.

832, as amended], or (3) any other act that relates to the subject

of this order shall be deemed to include references to any

subsequent amendments thereto.

(b) References in any prior Executive order to the Mutual

Security Act of 1954 [act Aug. 26, 1954, ch. 937, 68 Stat. 832, as

amended] or any provisions thereof shall be deemed to be references

to the Act [this chapter] or the corresponding provision, if any,

thereof.

(c) References in this order to provisions of any Act, and

references in any other Executive order or in any memorandum

delegation to provisions of any Act related to the subject of this

order shall be deemed to include references to any provision of law

that is the same or substantially the same as such provisions,

respectively.

(d) References in this order or in any other Executive order to

this order or to any provision thereof shall be deemed to include

references thereto, respectively, as amended from time to time.

(e) References in any prior Executive order not superseded by

this order to any provisions of any Executive order so superseded

shall hereafter be deemed to be references to the corresponding

provisions, if any, of this order.

1-903. Prior Executive Orders. (a) The following are revoked:

(1) Executive Order No. 10973 [22 U.S.C. 2381 note] of November

3, 1961, as amended;

(2) section 2(a) of Executive Order No. 11579 [22 U.S.C. 2191

note], of January 19, 1971; and

(3) Executive Order No. 10893 [22 U.S.C. 2382 note] of November

8, 1960.

(b) The following are amended:

(1) section 3(a) of Executive Order No. 11846 of March 27,

1975, as amended [19 U.S.C. 2111 note], by adding the following

new paragraph (12) after paragraph (11):

"(12) The Director of the United States International

Development Cooperation Agency";

(2) section 1-202 of Executive Order 12065 of June 28, 1978 [50

U.S.C. 435 note], by striking out "The Administrator, Agency for

International Development" and inserting in lieu thereof "The

Director of the United States International Development

Cooperation Agency";

(3) section 2(a) of Executive Order No. 11958 of January 18,

1977 [22 U.S.C. 2751 note], by striking out "the Administrator of

the Agency for International Development" and inserting in lieu

thereof "the Director of the United States International

Development Cooperation Agency";

(4) section 3 of Executive Order 10900 of January 5, 1961 [7

U.S.C. 1691 note], by adding thereto the following new

subsection:

"(d) The Secretary of State may redelegate to the Director of

the United States International Development Cooperation Agency,

or to any other officer or agency of the Executive branch,

functions delegated to such Secretary by this order.";

(5) section 4 of Executive Order 11223 of May 12, 1965 [22

U.S.C. 2393 note], by inserting immediately following "the

Secretary of State" the words "or the Director of the United

States International Development Cooperation Agency (with respect

to functions vested in or delegated to the Director)"; and

(6) the President's memorandum of October 18, 1961, entitled

"Determination Under Section 604(a) of the Foreign Assistance Act

of 1961" (26 FR 10543) is amended by inserting after "the

Secretary of State" each time it appears in such memorandum the

words "or the Director of the United States International

Development Cooperation Agency (with respect to non-military

programs administered by such Agency)".

[(c), (d) Revoked by Ex. Ord. No. 13118, Sec. 9, Mar. 31, 1999,

64 F.R. 16598.]

1-904. Saving Provisions. Except to the extent inconsistent with

this order, all delegations of authority, determinations,

authorizations, regulations, rulings, certificates, orders,

directives, contracts, agreements, and other actions made, issued,

or entered into with respect to any function affected by this order

and not revoked, superseded, or otherwise made inapplicable before

the date of this order, shall continue in full force and effect

until amended, modified, or terminated by appropriate authority.

1-905. Effective Date. The provisions of this order shall become

effective as of October 1, 1979.

[Pub. L. 105-277, div. G, subdiv. A, title XIV, Sec. 1422(a)(2),

Oct. 21, 1998, 112 Stat. 2681-792, provided that sections 1-101

through 1-103, 1-401 through 1-403, and 1-801(a), and other

provisions of Ex. Ord. No. 12163 that relate to the United States

International Development Cooperation Agency or the Director

thereof were repealed.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2384 of this title.

-End-

-CITE-

22 USC Sec. 2381a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2381a. Strengthened management practices

-STATUTE-

(a) Declaration of beliefs

The Congress believes that United States foreign aid funds could

be utilized more effectively by the application of advanced

management decisionmaking, information and analysis techniques such

as systems analysis, automatic data processing, benefit-cost

studies, and information retrieval.

(b) Management system; establishment; scope

To meet this need, the President shall establish a management

system that includes: the definition of objectives and programs for

United States foreign assistance; the development of quantitative

indicators of progress toward these objectives; the orderly

consideration of alternative means for accomplishing such

objectives; and the adoption of methods for comparing actual

results of programs and projects with those anticipated when they

were undertaken. The system should provide information to the

agency and to Congress that relates agency resources, expenditures,

and budget projections to such objectives and results in order to

assist in the evaluation of program performance, the review of

budgetary requests, and the setting of program priorities.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 621A, as added Pub. L. 90-554, pt.

III, Sec. 302(b), Oct. 8, 1968, 82 Stat. 964; amended Pub. L.

95-424, title V, Sec. 502(d)(1), Oct. 6, 1978, 92 Stat. 959.)

-MISC1-

AMENDMENTS

1978 - Subsec. (c). Pub. L. 95-424 struck out subsec. (c)

relating to annual reports to Congress by the President evaluating

the progress made toward implementation of this section.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2382 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2382. Coordination with foreign policy

-STATUTE-

(a) Powers or functions of Secretary of State

Nothing contained in this chapter shall be construed to infringe

upon the powers or functions of the Secretary of State.

(b) Coordination among representatives of United States

The President shall prescribe appropriate procedures to assure

coordination among representatives of the United States Government

in each country, under the leadership of the Chief of the United

States Diplomatic Mission. The Chief of the diplomatic mission

shall make sure that recommendations of such representatives

pertaining to military assistance (including civic action) and

military education and training programs are coordinated with

political and economic considerations, and his comments shall

accompany such recommendations if he so desires.

(c) Responsibility for supervision and general direction of

assistance programs

Under the direction of the President, the Secretary of State

shall be responsible for the continuous supervision and general

direction of economic assistance, military assistance, and military

education and training programs, including but not limited to

determining whether there shall be a military assistance (including

civic action) or a military education and training program for a

country and the value thereof, to the end that such programs are

effectively integrated both at home and abroad and the foreign

policy of the United States is best served thereby.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 622, Sept. 4, 1961, 75 Stat. 446;

Pub. L. 89-171, pt. III, Sec. 302(a), Sept. 6, 1965, 79 Stat. 660;

Pub. L. 89-583, pt. III, Sec. 302(a), Sept. 19, 1966, 80 Stat. 807;

Pub. L. 90-629, ch. 4, Sec. 45(b)(1), (2), Oct. 22, 1968, 82 Stat.

1327; Pub. L. 94-329, title I, Sec. 106(b)(2), June 30, 1976, 90

Stat. 733.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-MISC1-

AMENDMENTS

1976 - Subsec. (b). Pub. L. 94-329, Sec. 106(b)(2)(A), inserted

"and military education and training" after "(including civic

action)".

Subsec. (c). Pub. L. 94-329, Sec. 106(b)(2)(B), inserted

reference to military education and training programs in two

places.

1968 - Subsec. (b). Pub. L. 90-629, Sec. 45(b)(1), struck out "or

sales" before "programs".

Subsec. (c). Pub. L. 90-629, Sec. 45(b)(2), struck out "and

sales" and "or sales" before "programs" and "program",

respectively.

1966 - Subsec. (b). Pub. L. 89-583, Sec. 302(a)(1), substituted

"(including civic action) or sales programs" for "(including any

civic action and sales program)".

Subsec. (c). Pub. L. 89-583, Sec. 302(a)(2), substituted

"economic assistance and military assistance and sales programs"

and "military assistance (including civic action) or sales program"

for "the assistance programs authorized by this chapter" and

"military assistance program (including civic action and sales

program)", respectively.

1965 - Subsec. (b). Pub. L. 89-171, Sec. 302(a)(1), inserted

"(including any civic action and sales program)".

Subsec. (c). Pub. L. 89-171, Sec. 302(a)(2), inserted "including

any civic action and sales program)".

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-629 effective July 1, 1968, see section

41 of Pub. L. 90-629, set out as an Effective Date note under

section 2751 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-EXEC-

EX. ORD. NO. 10338. COORDINATION PROCEDURES

Ex. Ord. No. 10338, Apr. 4, 1952, 17 F.R. 3009, provided:

Section 1. Functions of the Chief of the United States Diplomatic

Mission. (a) The Chief of the United States Diplomatic Mission in

each country, as the representative of the President and acting on

his behalf, shall coordinate the activities of the United States

representatives (including the chiefs of economic missions,

military assistance advisory groups, and other representatives of

agencies of the United States Government) in such country engaged

in carrying out programs under the Mutual Security Act of 1951

(hereinafter referred to as the Act) [section 1509 et seq. of this

title], and he shall assume responsibility for assuring the unified

development and execution of the said programs in such country.

More particularly, the functions of each Chief of United States

Diplomatic Mission shall include, with respect to the programs and

country concerned:

(1) Exercising general direction and leadership of the entire

effort.

(2) Assuring that recommendations and prospective plans and

actions of the United States representatives are effectively

coordinated and are consistent with and in furtherance of the

established policy of the United States.

(3) Assuring that the interpretations and application of

instructions received by the United States representatives from

higher authority are in accordance with the established policy of

the United States.

(4) Guiding the United States representatives in working out

measures to prevent duplication in their efforts and to promote the

most effective and efficient use of all United States officers and

employees having mutual security responsibilities.

(5) Keeping the United States representatives fully informed as

to current and prospective United States policies.

(6) Prescribing procedures governing the coordination of the

activities of the United States representatives, and assuring that

these representatives shall have access to all available

information essential to the accomplishment of their prescribed

duties.

(7) Preparing and submitting such reports on the operation and

status of the programs under the Act as may be directed by the

Director for Mutual Security.

(b) Each Chief of United States Diplomatic Mission shall perform

his functions under this order in accordance with instructions from

higher authority and subject to established policies and programs

of the United States.

(c) No Chief of United States Diplomatic Mission shall delegate

any function conferred upon him by the provisions of this order

which directly involves the exercise of direction, coordination, or

authority.

Sec. 2. Referral of unresolved matters. The Chief of the United

States Diplomatic Mission in each country shall initiate steps to

reconcile any divergent views arising in the country concerned with

respect to programs under the Act. If agreement cannot be reached

the Chief of the United States Diplomatic Mission shall recommend a

course of action, and such course of action shall be followed

unless a United States representative requests that the issue be

referred to higher authority for decision. If such a request is

made, the parties concerned shall promptly refer the issue to

higher authority for resolution prior to taking action at the

country level. The Director for Mutual Security shall assure

expeditious decisions on matters so submitted.

Sec. 3. Effect of order on United States representatives. (a) All

United States representatives in each country shall be subject to

the responsibilities imposed upon the Chief of the United States

Diplomatic Mission in such country by section 507 of the Mutual

Security Act of 1951 [section 1658 of this title] and by this

order.

(b) Subject to compliance with the provisions of this order and

with the prescribed procedures of their respective agencies, all

United States representatives affected by this order (1) shall have

direct communication with their respective agencies and with such

other parties and in such manner as may be authorized by their

respective agencies, (2) shall keep the respective Chiefs of United

States Diplomatic Missions and each other fully and currently

informed on all matters, including prospective plans,

recommendations, and actions, relating to programs under the Act,

and (3) shall furnish to the respective Chiefs of United States

Diplomatic Missions, upon their request, documents and information

concerning the said programs.

Sec. 4. Further coordination procedures. The Director for Mutual

Security shall be responsible for assuring the carrying out of the

provisions of this order. He is authorized to prescribe, after

consultation with the interested Government agencies, any

additional procedures he may find necessary to carry out the

provisions of this order.

Sec. 5. Prior orders. (a) To the extent that provisions of any

prior order are inconsistent with the provisions of this order, the

latter shall control, and any such prior provisions are amended

accordingly. All orders, regulations, rulings, certificates,

directives, and other actions relating to any function affected by

this order shall remain in effect except as they are inconsistent

herewith or are hereafter amended or revoked under proper

authority.

(b) Nothing in this order shall affect Executive Orders Nos.

10062, 10063, and 10144 of June 6, 1949, June 13, 1949, and July

21, 1950, respectively.

(c) Executive Orders Nos. 9857, 9862, 9864, 9914, 9944, 9960,

10208, and 10259 of May 22, 1947, May 31, 1947, December 26, 1947,

April 9, 1948, May 19, 1948, January 25, 1951, and June 27, 1951,

respectively, are hereby revoked.

EXECUTIVE ORDER NO. 10893

Ex. Ord. No. 10893, Nov. 8, 1960, 25 F.R. 10731, as amended,

which related to the administration of mutual security and related

functions, was revoked by Ex. Ord. No. 12163, Sec. 1-903(a)(3),

Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set out as a note

under section 2381 of this title. Ex. Ord. No. 10893 was also

revoked, except section 201 thereof, by section 1-501(h) of Ex.

Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out as a

note under section 1691 of Title 7, Agriculture.

EXECUTIVE ORDER NO. 12066

Ex. Ord. No. 12066, June 29, 1978, 43 F.R. 28965, which related

to the inspection of foreign assistance programs, was revoked by

section 10(k) of Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968,

set out as a note under section 3901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6593 of this title.

-End-

-CITE-

22 USC Sec. 2383 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2383. Responsibilities of the Secretary of Defense; priorities

in procurement, delivery, and allocation of military equipment

-STATUTE-

(a) In the case of assistance under subchapter II of this

chapter, the Secretary of Defense shall have primary responsibility

for -

(1) the determination of military end-item requirements;

(2) the procurement of military equipment in a manner which

permits its integration with service programs;

(3) the supervision of end-item use by the recipient countries;

(4) the supervision of the training of foreign military and

related civilian personnel;

(5) the movement and delivery of military end-items; and

(6) within the Department of Defense, the performance of any

other functions with respect to the furnishing of military

assistance, education and training.

(b) The establishment of priorities in the procurement, delivery,

and allocation of military equipment shall be determined by the

Secretary of Defense.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 623, Sept. 4, 1961, 75 Stat. 446;

Pub. L. 94-329, title I, Sec. 106(b)(3), June 30, 1976, 90 Stat.

733.)

-MISC1-

REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter II of this chapter are deemed to exclude

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II, and references to

subchapter I of this chapter are deemed to include such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

AMENDMENTS

1976 - Subsec. (a)(4). Pub. L. 94-329, Sec. 106(b)(3)(A),

inserted "and related civilian" after "military".

Subsec. (a)(6). Pub. L. 94-329, Sec. 106(b)(3)(B), inserted

"education and training" after "assistance".

-End-

-CITE-

22 USC Sec. 2384 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2384. Statutory officers

-STATUTE-

(a) Appointment

The President may appoint, by and with the advice and consent of

the Senate, twelve officers in the agency primarily responsible for

administering subchapter I of this chapter, and in the selection of

one of such persons due consideration shall be given to persons

qualified as professional engineers.

(b) Rate of compensation; title of officers; order of succession

Within the limitations established by subsection (a) of this

section, the President may fix the rate of compensation, and may

designate the title of, any officer appointed pursuant to the

authority contained in that subsection. The President may also fix

the order of succession among the officers provided for in

subsection (a) of this section in the event of the absence, death,

resignation, or disability of one or more of said officers.

(c) Appointment of certain statutory officers to comparable

positions

Any person who was appointed by and with the advice and consent

of the Senate, to any statutory position authorized by any

provision of law repealed by section 642(a) and who is serving in

one of such positions at the time of transfer of functions pursuant

to subsections (c) and (d) of section 2381 of this title, may be

appointed by the President to a comparable position authorized by

subsection (a) of this section on the date of the establishment of

the agency primarily responsible for administering subchapter I of

this chapter, without further action by the Senate.

(d) Repealed. Pub. L. 95-88, title I, Sec. 124(a)(1), Aug. 3, 1977,

91 Stat. 541

(e) Coordinator for security assistance

In addition to the officers otherwise provided for in this

section, the President shall appoint, by and with the advice and

consent of the Senate, one officer for the purpose of coordinating

security assistance programs.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 624, Sept. 4, 1961, 75 Stat. 447;

Pub. L. 87-565, pt. III, Sec. 302(b), Aug. 1, 1962, 76 Stat. 262;

Pub. L. 88-205, pt. III, Sec. 302(b), Dec. 16, 1963, 77 Stat. 388;

Pub. L. 88-426, title III, Sec. 305(33), (42), Aug. 14, 1964, 78

Stat. 426, 428; Pub. L. 89-171, pt. III, Sec. 302(b), Sept. 6,

1965, 79 Stat. 660; Pub. L. 89-583, pt. III, Sec. 302(b), Sept. 19,

1966, 80 Stat. 807; Pub. L. 90-137, pt. III, Sec. 302(a), Nov. 14,

1967, 81 Stat. 460; Pub. L. 91-175, pt. III, Sec. 304, Dec. 30,

1969, 83 Stat. 821; Pub. L. 92-226, pt. III, Sec. 302, Feb. 7,

1972, 86 Stat. 28; Pub. L. 94-329, title III, Sec. 301(b), June 30,

1976, 90 Stat. 750; Pub. L. 95-88, title I, Sec. 124(a)(1), Aug. 3,

1977, 91 Stat. 541; Pub. L. 95-105, title I, Sec. 109(a)(1), Aug.

17, 1977, 91 Stat. 846; Pub. L. 95-424, title V, Sec. 504, Oct. 6,

1978, 92 Stat. 959; Pub. L. 96-533, title VII, Sec. 706, Dec. 16,

1980, 94 Stat. 3158; Pub. L. 97-113, title VII, Sec. 705(b)(1),

Dec. 29, 1981, 95 Stat. 1545; Pub. L. 98-164, tile X, Sec. 1002(b),

Nov. 22, 1983, 97 Stat. 1052; Pub. L. 103-236, title I, Sec.

162(e)(4), Apr. 30, 1994, 108 Stat. 405.)

-REFTEXT-

REFERENCES IN TEXT

Section 642(a), referred to in subsec. (c), means section 642(a)

of Pub. L. 87-195, which is set out as a note under section 2151 of

this title.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

AMENDMENTS

1994 - Subsec. (f). Pub. L. 103-236 struck out subsec. (f) which

provided for an Assistant Secretary of State for Human Rights and

Humanitarian Affairs and prescribed the Assistant Secretary's

duties.

1983 - Subsec. (f)(2)(C). Pub. L. 98-164 inserted provisions

relating to providing advice to the Administrator of the Agency for

International Development on policy framework.

1981 - Subsec. (g). Pub. L. 97-113 struck out subsec. (g) which

related to the Inspector General and the duties, responsibilities,

and compensation of such official. See sections 2, 8A, and 11 of

the Inspector General Act of 1978, Pub. L. 95-452, Oct. 12, 1978,

92 Stat. 1101, as amended, set out in the Appendix to Title 5,

Government Organization and Employees.

1980 - Subsec. (g). Pub. L. 96-533 substituted in pars. (1) to

(5) "Inspector General" for "Auditor General" wherever appearing;

in par. (3), imposed upon the Inspector General requirement of

supervising, directing, and controlling security activities,

including audit, investigative, and security activities relating to

programs and operations within the United States International

Development Cooperation Agency; in par. (4) required submission of

an annual report to the Director; and added pars. (6) to (9).

1978 - Subsec. (g). Pub. L. 95-424 added subsec. (g).

1977 - Subsec. (d). Pub. L. 95-88 struck out subsec. (d) which

provided for an Inspector General, Foreign Assistance.

Subsec. (f)(1). Pub. L. 95-105, Sec. 109(a)(1)(A), substituted

references to the Assistant Secretary of State for Human Rights and

Humanitarian Affairs for references to the Coordinator for Human

Rights and Humanitarian Affairs.

Subsec. (f)(2). Pub. L. 95-105, Sec. 109(a)(1)(B), substituted

"Assistant Secretary of State" for "Coordinator".

1976 - Subsec. (f). Pub. L. 94-329 added subsec. (f).

1972 - Subsec. (e). Pub. L. 92-226 added subsec. (e).

1969 - Subsec. (d)(2)(A). Pub. L. 91-175, Sec. 304(1), inserted

provision including the Overseas Private Investment Corporation in

Inspector General's reviews and audits, and inserted provision

authorizing the conduct of such reviews and audits for programs

under section 290f of this title.

Subsec. (d)(5), (7). Pub. L. 91-175, Sec. 304(2), (3), included

section 290f of this title within provisions of this section.

1967 - Subsec. (d)(2)(B). Pub. L. 90-137 struck out "of

assistance" after "programs" in two places.

1966 - Subsec. (d)(8). Pub. L. 89-583 added par. (8).

1965 - Subsec. (b). Pub. L. 89-171, Sec. 302(b)(1), struck out

"paragraph (3) of" before "subsection (a) of this section" the

second time it appears and substituted "of one or more of said

officers" for "of the officers provided for in paragraphs (1) and

(2) of that subsection".

Subsec. (d)(2)(A), (5), (7). Pub. L. 89-171, Sec. 302(b)(2),

substituted "the Latin American Development Act, as amended" for

"Public Law 86-735".

1964 - Subsec. (a). Pub. L. 88-426, Sec. 305(42), repealed

provisions which related to the appointment of an Under Secretary,

Deputy Under Secretary and ten Assistant Secretaries and prescribed

their rates of compensation.

Subsec. (d)(1). Pub. L. 88-426, Sec. 305(33), repealed provisions

which prescribed the compensation of the Inspector General, Deputy

Inspector General and Assistant Inspector Generals. See section

5315 of Title 5, Government Organization and Employees.

1963 - Subsecs. (a)(2), (3). Pub. L. 88-205, Sec. 302(b)(1), (2),

reduced the number of Deputy Under Secretaries from two to one in

par. (2), and increased the number of Assistant Secretaries from 9

to 10 in par. (3).

Subsec. (b). Pub. L. 88-205, Sec. 302(b)(3), made conforming

changes in language to reflect that only one Deputy Under Secretary

may now be appointed.

Subsec. (d)(1). Pub. L. 88-205, Sec. 302(b)(4), inserted "who

shall be appointed by the President by and with the advice and

consent of the Senate," and increased the salary of the Deputy

Inspector General, Foreign Assistance, from $19,500 to $20,000.

1962 - Subsecs. (d), (e). Pub. L. 87-565 redesignated subsec. (e)

as (d), inserted ", and programs being conducted by United States

Government Agencies under sections 1942 to 1945 of this title," in

par. 2(A), and ", and sections 1942 to 1945 of this title," in

pars. (5) and (7), and repealed former subsec. (d) which related to

the temporary continuation of certain statutory positions.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 124(c) of Pub. L. 95-88 provided that: "The amendments

made by this section [amending this section and section 5315 of

Title 5, Government Organization and Employees, and enacting

provisions set out as a note under this section] shall take effect

on July 1, 1978."

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426, see section 501 of

Pub. L. 88-426.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC2-

ASSUMPTION OF DUTIES BY COORDINATOR FOR HUMAN RIGHTS AND

HUMANITARIAN AFFAIRS

Section 109(a)(6) of Pub. L. 95-105 provided that: "The

individual holding the position of Coordinator for Human Rights and

Humanitarian Affairs on the date of enactment of this section [Aug.

17, 1977] shall assume the duties of the Assistant Secretary of

State for Human Rights and Humanitarian Affairs and shall not be

required to be reappointed by reason of the enactment of this

section."

REPORT TO SPEAKER OF THE HOUSE AND CONGRESSIONAL COMMITTEES ON

OFFICE OF ASSISTANT SECRETARY FOR HUMAN RIGHTS AND HUMANITARIAN

AFFAIRS

Section 109(a)(7) of Pub. L. 95-105, which required the Secretary

of State, not later than Jan. 31, 1978, to transmit to the Speaker

of the House of Representatives and the chairmen of the Senate

Committee on Foreign Relations and the Senate Committee on the

Judiciary a comprehensive report on the Office of the Assistant

Secretary for Human Rights and Humanitarian Affairs, including its

current mandate and operations, the mandate and operations of its

predecessor offices, and proposals for the reorganization of the

Department of State that would strengthen human rights and

humanitarian considerations in the conduct of United States foreign

policy and promote the ability of the United States to participate

effectively in international humanitarian efforts, was repealed by

Pub. L. 97-241, title V, Sec. 505(a)(3), Aug. 24, 1982, 96 Stat.

299, and Pub. L. 98-164, title X, Sec. 1011(a)(5), Nov. 22, 1983,

97 Stat. 1061.

ASSIGNMENT OF DUTIES AND RESPONSIBILITIES TO INSPECTOR GENERAL,

FOREIGN SERVICE

Section 124(a)(2) of Pub. L. 95-88, which provided that the

President (A) may assign to the Inspector General, Foreign Service,

any of the duties and responsibilities vested by such section

624(d) [subsec. (d) of this section] in the Inspector General,

Foreign Assistance, and (B) may authorize the Inspector General,

Foreign Service, to exercise such of the authorities granted by

such section 624(d) [subsec. (d) of this section] to the Inspector

General, Foreign Assistance, as the President determines are

necessary to carry out any duties or responsibilities so assigned,

was repealed by Pub. L. 96-465, title II, Sec. 2205(11), Oct. 17,

1980, 94 Stat. 2160. See section 3929 of this title.

AGENCY FOR INTERNATIONAL DEVELOPMENT

For appointments under subsec. (a) to United States Agency for

International Development, see section 1-200(b) and (c) of Ex. Ord.

No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a

note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2389, 6592 of this title.

-End-

-CITE-

22 USC Sec. 2385 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2385. Employment of personnel

-STATUTE-

(a) Authorization

Any agency or officer of the United States Government carrying

out functions under this chapter is authorized to employ such

personnel as the President deems necessary to carry out the

provisions and purposes of this chapter.

(b) Appointments excepted from civil-service laws; supergrade

positions; reinstatement

Of the personnel employed in the United States to carry out

subchapter I of this chapter or coordinate subchapter I and

subchapter II of this chapter, not to exceed one hundred and ten

may be appointed, compensated, or removed without regard to the

provisions of any law, of whom not to exceed fifty-one may be

compensated at rates higher than those provided for grade 15 of the

general schedule established by section 5332 of title 5, but not in

excess of the highest rate of grade 18 of such general schedule:

Provided, That, under such regulations as the President shall

prescribe, officers and employees of the United States Government

who are appointed to any of the above positions may be entitled,

upon removal from such position, to reinstatement to the position

occupied at the time of appointment or to a position of comparable

grade and salary. Such positions shall be in addition to those

authorized by law to be filled by Presidential appointment, and in

addition to the number authorized by section 5108 of title 5.

(c) Additional supergrade positions

Of the personnel employed in the United States to carry out

subchapter II of this chapter, or any Act superseding subchapter II

of this chapter in whole or in part, not to exceed eight may be

compensated at rates higher than those provided for grade 15 of the

general schedule established by section 5332 of title 5, but not in

excess of the highest rate of grade 18 of such general schedule.

Such positions shall be in addition to those authorized by law to

be filled by Presidential appointment, and in addition to the

number authorized by section 5108 of title 5.

(d) Employment or assignment of officers and employees to perform

functions outside United States

For the purpose of performing functions under this chapter

outside the United States, the President may employ or assign

individuals, or may authorize the employment or assignment of

officers or employees by agencies of the United States Government

which are not authorized to utilize the Foreign Service personnel

system, who shall receive compensation at any of the rates provided

for under section 402 or section 403 of the Foreign Service Act of

1980 [22 U.S.C. 3962, 3963], or under chapter 53 of title 5, or at

any other rate authorized by law, together with allowances and

benefits under the Foreign Service Act of 1980 [22 U.S.C. 3901 et

seq.]. Individuals so employed or assigned shall be entitled,

except to the extent that the President may specify otherwise in

cases in which the period of employment or assignment exceeds

thirty months, to the same benefits as are provided by section 310

of that Act [22 U.S.C. 3950] for individuals appointed to the

Foreign Service.

(e) Repealed. Pub. L. 96-465, title II, Sec. 2205(8), Oct. 17,

1980, 94 Stat. 2160

(f) Funds for personnel services

Funds provided for in agreements with foreign countries for the

furnishing of services under this chapter with respect to specific

projects shall be deemed to be obligated for the services of

personnel employed by agencies of the United States Government

(other than the agencies primarily responsible for administering

subchapter I or II of this chapter) as well as personnel not

employed by the United States Government.

(g) Repealed. Pub. L. 96-465, title II, Sec. 2205(8), Oct. 17,

1980, 94 Stat. 2160

(h) Acceptance of compensation or other benefits from foreign

countries; arrangements for reimbursement

Notwithstanding any other provision of law, officers and

employees of the United States Government performing functions

under this chapter shall not accept from any foreign country any

compensation or other benefits. Arrangements may be made by the

President with such countries for reimbursement to the United

States Government or other sharing of the cost of performing such

functions.

(i) Assignment based on competency

To the maximum extent practicable officers and employees

performing functions under this chapter abroad shall be assigned to

countries and positions for which they have special competence,

such as appropriate language and practical experience.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 625, Sept. 4, 1961, 75 Stat. 449;

Pub. L. 87-565, pt. III, Sec. 302(c), Aug. 1, 1962, 76 Stat. 262;

Pub. L. 87-793, Sec. 1001(k), Oct. 11, 1962, 76 Stat. 865; Pub. L.

88-663, pt. III, Sec. 302(a), Oct. 7, 1964, 78 Stat. 1014; Pub. L.

89-171, pt. III, Sec. 302(c), Sept. 6, 1965, 79 Stat. 660; Pub. L.

90-137, pt. III, Sec. 302(b)-(d), Nov. 14, 1967, 81 Stat. 460; Pub.

L. 90-554, title III, Sec. 302(c), Oct. 8, 1968, 82 Stat. 965; Pub.

L. 93-189, Sec. 16, Dec. 17, 1973, 87 Stat. 722; Pub. L. 95-88,

title I, Sec. 125, Aug. 3, 1977, 91 Stat. 542; Pub. L. 96-465,

title II, Secs. 2203(a), 2205(8), Oct. 17, 1980, 94 Stat. 2158,

2160; Pub. L. 97-113, title VII, Sec. 703, Dec. 29, 1981, 95 Stat.

1544.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (d), (f), (h), and

(i), was in the original "this Act", meaning Pub. L. 87-195, Sept.

4, 1961, 75 Stat. 424, as amended, known as the Foreign Assistance

Act of 1961. For complete classification of this Act to the Code,

see Short Title note set out under section 2151 of this title and

Tables.

The Foreign Service Act of 1980, referred to in subsec. (d), is

Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified

principally to chapter 52 (Sec. 3901 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 3901 of this title and Tables.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE

SUCH PARTS

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

AMENDMENTS

1981 - Subsec. (d). Pub. L. 97-113 substituted "or under chapter

53 of title 5, or at any other rate authorized by law, together

with allowances and benefits under the Foreign Service Act of 1980"

for "together with allowances and benefits under that Act".

1980 - Subsec. (d). Pub. L. 96-465, Sec. 2203(a), substituted

references to the Foreign Service Act of 1980, for references to

the Foreign Service Act of 1946, and struck out provisions relating

to the applicability of section 1005 of the Foreign Service Act of

1946 and relating to the utilization of Presidential authority

under the Foreign Service Act of 1946 to carry out the functions of

this chapter.

Subsec. (e). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (e)

which set forth requirement of standards or other criteria for

maintenance of adequate performance levels for personnel. See

sections 4007 and 4008 of this title.

Subsec. (g). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (g)

which related to competency in foreign languages. See section 4022

of this title.

Subsec. (j). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (j)

which related to appointment and compensation of an Inter-American

Committee representative.

Subsec. (k). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (k)

which related to applicability, etc., of Foreign Service Retirement

and Disability System. See sections 3922 and 4043 of this title.

1977 - Subsec. (d)(2). Pub. L. 95-88 struck out a numerical

limitation of fifty on the number of persons which the President

may assign, at any one time, to duty within the United States for

the purpose of preparation for assignments outside the United

States.

1973 - Subsec. (k). Pub. L. 93-189 added subsec. (k).

1968 - Subsec. (c). Pub. L. 90-554 inserted "or any Act

superseding subchapter II of this chapter in whole or in part"

after "to carry out subchapter II of this chapter".

1967 - Subsecs. (b), (c). Pub. L. 90-137, Sec. 302(b), (c),

substituted references to section 5332 of title 5 for former

references to the Classification Act of 1949, as amended, and to

section 5108 for former section 1105 of title 5.

Subsec. (d)(2). Pub. L. 90-137, Sec. 302(d), authorized an

increase in the assignment of foreign personnel from forty to fifty

persons.

1965 - Subsec. (d)(2). Pub. L. 89-171 substituted "forty" for

"twenty".

1964 - Subsec. (d)(2). Pub. L. 88-633, Sec. 302(a)(1),

substituted "the assignment to such duty of more than twenty

persons at any one time" for "more than thirty persons in the

aggregate".

Subsec. (j). Pub. L. 88-633, Sec. 302(a)(2), added subsec. (j).

1962 - Subsec. (b). Pub. L. 87-793, Sec. 1001(k)(1), substituted

"but not in excess of the highest rate of grade 18 of such general

schedule" for "and of these, not to exceed eight may be compensated

at a rate in excess of the highest rate provided for grades of such

general schedule but not in excess of $19,000 per year".

Pub. L. 87-565, Sec. 302(c)(1), substituted "one hundred and ten"

for "seventy-six".

Subsec. (c). Pub. L. 87-793, Sec. 1001(k)(2), substituted "but

not in excess of the highest rate of grade 18 of such general

schedule" for "and of these, not to exceed three may be compensated

at a rate in excess of the highest rate provided for grades of such

general schedule but not in excess of $19,000 per year".

Subsec. (d)(2). Pub. L. 87-565, Sec. 302(c)(2), authorized the

President to initially assign personnel, not exceeding 30 persons

in the aggregate, for duty within the United States for a period

not exceeding two years for preparation for duty outside the United

States.

Subsec. (f). Pub. L. 87-565, Sec. 302(c)(3), inserted "with

respect to specific projects", and "agencies of", and excluded

services of employees of agencies primarily responsible for

administering subchapter I or II of this chapter from the purview

of this subsection.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j)

by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise

provided, see section 2403 of Pub. L. 96-465, set out as an

Effective Date note under section 3901 of this title.

Repeal of subsec. (k) by Pub. L. 96-465 effective Oct. 17, 1980,

see section 2403(d)(1) of Pub. L. 96-465.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-793 effective on first day of first pay

period which begins on or after Oct. 11, 1962, see section 1008 of

Pub. L. 87-793.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC2-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

ENTITLEMENT TO BENEFITS FOR SERVICES PERFORMED OUTSIDE UNITED

STATES; SERVICE EXCEEDING THIRTY MONTHS

Persons appointed, employed, or assigned after May 19, 1959,

under former section 1787(c) of this title or subsec. (d) of this

section for the purpose of performing functions under the Mutual

Security Act of 1954 (see Short Title note set out under section

1754 of this title) and this chapter, outside the United States,

shall not, unless otherwise agreed by the agency in which such

benefits may be exercised, be entitled to the benefits provided for

by section 3950 of this title in cases in which their service under

the appointment, employment, or assignment exceeds thirty months,

see Ex. Ord. No. 12163, Sec. 1-602(b), Sept. 29, 1979, 44 F.R.

56677, as amended, set out as a note under section 2381 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2396 of this title; title

37 section 306a.

-End-

-CITE-

22 USC Sec. 2385a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2385a. Unified personnel system

-STATUTE-

(a) Establishment by regulations

Not later than May 1, 1979, the President shall submit to the

Congress, and publish in the Federal Register, regulations

establishing a unified personnel system for all employees of the

agency primarily responsible for administering part I of the

Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]. In

preparing such regulations, the President shall keep the

appropriate committees of the Congress fully and currently

informed, and shall consult with them on a regular basis,

concerning the nature of the unified personnel system to be

established.

(b) Effective date of regulations

The regulations submitted to the Congress pursuant to subsection

(a) -

(1) may not become effective until after the end of the 90-day

period beginning on the date of such submission in order to

provide the appropriate committees of the Congress an opportunity

to review them; and

(2) shall not become effective then if, during such 90-day

period, either House of Congress adopts a resolution stating in

substance that it disapproves the personnel system proposed to be

established by the regulations.

(c) Force and effect of regulations

Regulations which take effect pursuant to this section shall have

the force and effect of law and shall apply with respect to the

personnel of the agency primarily responsible for administering

part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et

seq.], notwithstanding and (!1) inconsistent provision of law

unless that provision of law specifically states that it supersedes

regulations issued under this section.

-SOURCE-

(Pub. L. 95-424, title IV, Sec. 401, Oct. 6, 1978, 92 Stat. 956;

Pub. L. 96-53, title V, Sec. 503(a), Aug. 14, 1979, 93 Stat. 378.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsecs. (a)

and (c), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Part I of the Foreign Assistance Act of 1961 is classified

generally to subchapter I (Sec. 2151 et seq.) of this chapter. For

provisions deeming references to subchapter I to include parts IV

(Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII (Sec. 2349aa

et seq.) of subchapter II of this chapter, see section 202(b) of

Pub. L. 92-228, set out as a note under section 2346 of this title,

and sections 2348c and 2349aa-5 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-COD-

CODIFICATION

Section enacted as part of the International Development and Food

Assistance Act of 1978, and not as part of the Foreign Assistance

Act of 1961 which comprises this chapter.

-MISC1-

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-53 substituted "May 1" for "March

15".

EFFECTIVE DATE OF 1979 AMENDMENT

Section 503(b) of Pub. L. 96-53 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

as of March 15, 1979."

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 605 of Pub. L.

95-424, set out as an Effective Date of 1978 Amendment note under

section 2151 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3503 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "any".

-End-

-CITE-

22 USC Sec. 2386 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2386. Experts, consultants, and retired officers

-STATUTE-

(a) Employment; compensation; renewal of contracts of employment

Experts and consultants or organizations thereof may as

authorized by section 3109 of title 5 be employed for the

performance of functions under this chapter, and individuals so

employed may be compensated at rates not in excess of the daily

equivalent of the highest rate which may be paid to an employee

under the General Schedule established by section 5332 of title 5,

and while away from their homes or regular places of business, they

may be paid actual travel expenses and per diem in lieu of

subsistence at the applicable rate prescribed in the standardized

Government travel regulations, as amended from time to time.

Contracts for such employment with such organizations, employment

of personnel as experts and consultants, not to exceed ten in

number, contracts for such employment of retired military personnel

with specialized research and development experience, not to exceed

ten in number, and contracts for such employment of retired

military personnel with specialized experience of a broad

politico-military nature, not to exceed five in number, may be

renewed annually.

(b) Exemption from certain Federal laws

Service of an individual as an expert or consultant under

subsection (a) of this section shall not be considered as

employment or holding of office or position bringing such

individual within the provisions of section 3323(a) of title 5.

(c) Employment without compensation of persons of outstanding

experience and ability

Persons of outstanding experience and ability may be employed

without compensation by any agency of the United States Government

for the performance of functions under this chapter in accordance

with the provisions of section 2160(b) of Appendix to title 50, and

regulations issued thereunder.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 626, Sept. 4, 1961, 75 Stat. 451;

Pub. L. 88-205, pt. III, Sec. 302(c), Dec. 16, 1963, 77 Stat. 389;

Pub. L. 88-448, title IV, Secs. 401(e), 402(a)(35), Aug. 19, 1964,

78 Stat. 490, 495; Pub. L. 88-633, pt. III, Sec. 302(b), Oct. 7,

1964, 78 Stat. 1014; Pub. L. 89-171, pt. III, Sec. 302(d), Sept. 6,

1965, 79 Stat. 660; Pub. L. 90-137, pt. III, Sec. 302(e), Nov. 14,

1967, 81 Stat. 460; Pub. L. 94-329, title VI, Sec. 603, June 30,

1976, 90 Stat. 766; Pub. L. 95-88, title I, Sec. 126, Aug. 3, 1977,

91 Stat. 542.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (c), was in the

original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75

Stat. 424, as amended, known as the Foreign Assistance Act of 1961.

For complete classification of this Act to the Code, see Short

Title note set out under section 2151 of this title and Tables.

-MISC1-

AMENDMENTS

1977 - Subsec. (b). Pub. L. 95-88 struck out provisions under

which service of an individual as an expert or consultant under

subsec. (a) would not be considered employment as would bring a

person under section 8344 of title 5, section 1112 of this title,

and any other law limiting the reemployment of retired officers or

employees or governing the simultaneous receipt of compensation and

retired pay or annuities subject to section 5532 of title 5.

1976 - Subsec. (a). Pub. L. 94-329 substituted "the daily

equivalent of the highest rate which may be paid to an employee

under the General Schedule established by section 5332 of title 5"

for "$100 per diem".

1967 - Subsec. (a). Pub. L. 90-137, Sec. 302(e)(1), substituted

reference to section 3109 for former section 55a of title 5.

Subsec. (b). Pub. L. 90-137, Sec. 302(e)(2), substituted

references to sections 3323(a) and 8344 of title 5 for former

section 2263 of title 5 and to section 5532 of title 5 for former

section 3102 of title 5.

1965 - Subsecs. (c), (d). Pub. L. 89-171 redesignated subsec. (d)

as (c). Former subsec. (c) was repealed by Pub. L. 88-448, title

IV, Sec. 402(a)(35), Aug. 19, 1964, 78 Stat. 495.

1964 - Subsec. (a). Pub. L. 88-633, Sec. 302(b)(1), increased

compensation limits from $75 to $100 per diem.

Subsec. (b). Pub. L. 88-448, Sec. 401(e), struck out provisions

which stated that service as an expert or consultant under

subsection (a) of this section shall not be considered as

employment or holding of office or position bringing such

individual within the provisions of section 59a of title 5, and

inserted ", subject to section 3102 of title 5".

Subsec. (c). Pub. L. 88-448, Sec. 402(a)(35), repealed subsec.

(c) which related to compensation of retired officers.

Pub. L. 88-633, Sec. 302(b)(2), substituted "section 101(3) of

Title 37" for "Career Compensation Act of 1949, as amended," in

subsec. (c) subsequent to the repeal of such subsection by Pub. L.

88-448.

1963 - Subsec. (b). Pub. L. 88-205 substituted "Service of an

individual as an expert or consultant under subsection (a) of this

section shall not" for "Nor shall such service", and struck out

provisions exempting individuals serving under subsec. (a) of this

section from coverage of sections 281, 283, or 284 of title 18,

section 99 of title 5, or any Federal law imposing restrictions,

requirements, or penalties in connection with claims or matters

involving the U.S. Government, except insofar as such provisions

prohibited such individuals from receiving compensation in respect

of any matter in which such individual was directly involved in the

performance of such service.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-448 effective on first day of first month

which begins later than ninetieth day following Aug. 19, 1964, see

section 403 of Pub. L. 88-448.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2396 of this title.

-End-

-CITE-

22 USC Sec. 2387 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2387. Detail of personnel to foreign governments

-STATUTE-

Whenever the President determines it to be in furtherance of the

purposes of this chapter, the head of any agency of the United

States Government is authorized to detail or assign any officer or

employee of his agency to any office or position with any foreign

government or foreign government agency, where acceptance of such

office or position does not involve the taking of an oath of

allegiance to another government or the acceptance of compensation

or other benefits from any foreign country by such officer or

employee.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 627, Sept. 4, 1961, 75 Stat. 452.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2389 of this title.

-End-

-CITE-

22 USC Sec. 2388 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2388. Detail of personnel to international organizations

-STATUTE-

Whenever the President determines it to be consistent with and in

furtherance of the purposes of this chapter, the head of any agency

of the United States Government is authorized to detail, assign, or

otherwise make available to any international organization any

officer or employee of his agency to serve with, or as a member of,

the international staff of such organization, or to render any

technical, scientific, or professional advice or service to, or in

cooperation with, such organization.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 628, Sept. 4, 1961, 75 Stat. 452.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1928, 2389 of this title.

-End-

-CITE-

22 USC Sec. 2389 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2389. Status and benefits of personnel assigned or detailed to

foreign governments or international organizations

-STATUTE-

(a) Allowances, privileges, rights, seniority, and other benefits

Any officer or employee, while assigned or detailed under section

2387 or 2388 of this title shall be considered, for the purpose of

preserving his allowances, privileges, rights, seniority, and other

benefits as such, an officer or employee of the United States

Government and of the agency of the United States Government from

which detailed or assigned, and he shall continue to receive

compensation, allowances, and benefits from funds appropriated to

that agency or made available to that agency under this chapter.

(b) Representation allowances

Any officer or employee assigned, detailed, or appointed under

section 2387, 2388, 2391, or 2384(d) (!1) of this title is

authorized to receive under such regulations as the President may

prescribe, representation allowances similar to those allowed under

section 4085 of this title. The authorization of such allowances

and other benefits and the payment thereof out of any

appropriations available therefor shall be considered as meeting

all the requirements of section 5536 of title 5.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 629, Sept. 4, 1961, 75 Stat. 452;

Pub. L. 87-565, pt. III, Sec. 302(d), Aug. 1, 1962, 76 Stat. 262;

Pub. L. 90-137, pt. III, Sec. 302(f), Nov. 14, 1967, 81 Stat. 460;

Pub. L. 96-465, title II, Sec. 2203(b), Oct. 17, 1980, 94 Stat.

2159.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

Section 2384(d) of this title, referred to in subsec. (b), was

repealed by Pub. L. 95-88, title I, Sec. 124(a)(1), Aug. 3, 1977,

91 Stat. 541.

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-465 substituted "section 4085 of

this title" for "section 1131 of this title".

1967 - Subsec. (b). Pub. L. 90-137 substituted reference to

section 5536 of title 5 for former section 70 of title 5.

1962 - Subsec. (b). Pub. L. 87-565 substituted "2384(d)" for

"2384(e)".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2390, 3422 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2390 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2390. Terms of detail or assignment of personnel

-STATUTE-

Details or assignments may be made under section 2387 or 2388 of

this title or section 1928 of this title -

(1) without reimbursement to the United States Government by

the foreign government or international organization;

(2) upon agreement by the foreign government or international

organization to reimburse the United States Government for

compensation, travel expenses, benefits and allowances, or any

part thereof, payable to the officer or employee concerned during

the period of assignment or detail; and such reimbursements

(including foreign currencies) shall be credited to the

appropriation, fund, or account utilized for paying such

compensation, travel expenses, benefits or allowances, or to the

appropriation, fund, or account currently available for such

purposes;

(3) upon an advance of funds, property, or services by the

foreign government or international organization to the United

States Government accepted with the approval of the President for

specified uses in furtherance of the purposes of this chapter;

and funds so advanced may be established as a separate fund in

the Treasury of the United States Government, to be available for

the specified uses, and to be used for reimbursement of

appropriations or direct expenditure subject to the provisions of

this chapter, any unexpended balance of such account to be

returned to the foreign government or international organization;

or

(4) subject to the receipt by the United States Government of a

credit to be applied against the payment by the United States

Government of its share of the expenses of the international

organization to which the officer or employee is detailed or

assigned, such credit to be based upon the compensation, travel

expenses, benefits and allowances, or any part thereof, payable

to such officer or employee during the period of detail or

assignment in accordance with section 2389 of this title.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 630, Sept. 4, 1961, 75 Stat. 452;

Pub. L. 89-171, pt. III, Sec. 302(e), Sept. 6, 1965, 79 Stat. 660.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in par. (3), was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-171 inserted "benefits" in pars. (2) and (4).

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2391 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2391. Missions and staffs abroad

-STATUTE-

(a) Authorization

The President may maintain special missions or staffs outside the

United States in such countries and for such periods of time as may

be necessary to carry out the purposes of this chapter. Each such

special mission or staff shall be under the direction of a chief.

(b) Appointment of mission chief and deputy; compensation

The chief and his deputy of each special mission or staff

carrying out the purposes of subchapter I of this chapter shall be

appointed by the President, and may, notwithstanding any other law,

be removed by the President at his discretion. Such chief shall be

entitled to receive such compensation and allowances as are

authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901 et

seq.], not to exceed those authorized for a chief of mission (as

defined in section 102(a)(3) (!1) of that Act [22 U.S.C.

3902(a)(3)]), as the President shall determine to be appropriate.

(c) Appointment of Chairman of Development Assistance Committee;

compensation

The President may appoint any United States citizen who is not an

employee of the United States Government or may assign any United

States citizen who is a United States Government employee to serve

as Chairman of the Development Assistance Committee or any

successor committee thereto of the Organization for Economic

Cooperation and Development upon election thereto by members of

said Committee, and, in his discretion, may terminate such

appointment or assignment, notwithstanding any other provision of

law. Such person may receive such compensation and allowances as

are authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901

et seq.], not to exceed those authorized for a chief of mission (as

defined in section 102(a)(3) (!1) of that Act [22 U.S.C.

3902(a)(3)]), as the President shall determine to be appropriate.

Such person (if not a United States Government employee who is

assigned to serve as Chairman) shall be deemed to be an employee of

the United States Government for purposes of chapters 81, 83, 87,

and 89 of title 5. Such person may also, in the President's

discretion, receive any other benefits and perquisites available

under this chapter to chiefs of special missions or staffs outside

the United States established under this section.

(d) Administration of assistance

Wherever practicable, especially in the case of the smaller

programs, assistance under subchapter I of this chapter shall be

administered under the direction of the Chief of the United States

Diplomatic Mission by the principal economic officer of the

mission.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 631, Sept. 4, 1961, 75 Stat. 453;

Pub. L. 88-205, pt. III, Sec. 302(d), Dec. 16, 1963, 77 Stat. 389;

Pub. L. 89-171, pt. III, Sec. 302(f), Sept. 6, 1965, 79 Stat. 660;

Pub. L. 95-92, Sec. 7(c), Aug. 4, 1977, 91 Stat. 617; Pub. L.

96-465, title II, Sec. 2203(c), (d), Oct. 17, 1980, 94 Stat. 2159.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (c), was in the

original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75

Stat. 424, as amended, known as the Foreign Assistance Act of 1961.

For complete classification of this Act to the Code, see Short

Title note set out under section 2151 of this title and Tables.

The Foreign Service Act of 1980, referred to in subsecs. (b) and

(c), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended,

which is classified principally to chapter 52 (Sec. 3901 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 3901 of this title and

Tables.

Section 102(a)(3) of that Act, referred to in subsecs. (b) and

(c), was redesignated section 102(3) pursuant to Pub. L. 98-164,

which struck out designation "(a)" and struck out subsec. (b) of

section 102.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-465, Sec. 2203(c), among other

changes, substituted references to the Foreign Service Act of 1980

for references to the Foreign Service Act of 1946 and section

2385(d) of this title.

Subsec. (c). Pub. L. 96-465, Sec. 2203(d), among other changes,

substituted references to the Foreign Service Act of 1980, for

references to the Foreign Service Act of 1946, and inserted

provisions relating to employee status for purposes of chapters 81,

83, 87 and 89 of title 5.

1977 - Subsec. (d). Pub. L. 95-92 substituted reference to

subchapter I of this chapter for reference to this chapter and

struck out provisions requiring administration of assistance by the

senior military officer of the mission for assistance under

subchapter II of this chapter.

1965 - Subsec. (d). Pub. L. 89-171 added subsec. (d).

1963 - Subsec. (c). Pub. L. 88-205 added subsec. (c).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC2-

FLAG AND GENERAL OFFICERS

Pub. L. 94-11, title I, Sec. 100, Mar. 26, 1975, 89 Stat. 20,

provided in part that: "The total number of flag and general

officers of the United States Armed Forces assigned or detailed to

military assistance advisory groups, military missions, or similar

organizations, or performing duties primarily with respect to the

Military Assistance Program and the Foreign Military Sales Program

shall not exceed twenty after May 1, 1975."

APPROVAL OF SECRETARY OF STATE

The maintenance of special missions or staffs abroad, the fixing

of ranks of chiefs thereof after the chiefs of United States

diplomatic missions, and authorization of same compensation and

allowances as chief of mission, as defined in section 3902(3) of

this title, all under this section, shall be subject to approval of

Secretary of State, see section 1-603 of Ex. Ord. No. 12163, Sept.

29, 1979, 44 F.R. 56677, as amended, set out as a note under

section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2389, 2396 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2392 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2392. Government agencies

-STATUTE-

(a) Allocation and transfer of funds

The President may allocate or transfer to any agency of the

United States Government any part of any funds available for

carrying out the purposes of this chapter, including any advance to

the United States Government by any country or international

organization for the procurement of commodities, defense articles,

military education and training, or services (including defense

services). Such funds shall be available for obligation and

expenditure for the purposes for which authorized, in accordance

with authority granted in this chapter or under authority governing

the activities of the agencies of the United States Government to

which such funds are allocated or transferred.

(b) Utilization of services and facilities of other agencies

Any officer of the United States Government carrying out

functions under this chapter may utilize the services (including

defense services) and facilities of, or procure commodities,

defense articles, or military education and training from, any

agency of the United States Government as the President shall

direct, or with the consent of the head of such agency, and funds

allocated pursuant to this subsection to any such agency may be

established in separate appropriation accounts on the books of the

Treasury.

(c) Reimbursement for commodities, services, and facilities

In the case of any commodity, service, or facility procured from

any agency of the United States Government to carry out subchapter

I of this chapter, reimbursement or payment shall be made to such

agency from funds available to carry out such subchapter. Such

reimbursement or payment shall be at replacement cost, or, if

required by law, at actual cost, or, in the case of services

procured from the Department of Defense to carry out part VIII of

subchapter I of this chapter, the amount of the additional costs

incurred by the Department of Defense in providing such services,

or at any other price authorized by law and agreed to by the owning

or disposing agency. The amount of any such reimbursement or

payment shall be credited to current applicable appropriations,

funds, or accounts, from which there may be procured replacements

of similar commodities, services, or facilities, except that where

such appropriations, funds, or accounts are not reimbursable except

by reason of this subsection, and when the owning or disposing

agency determines that such replacement is not necessary, any funds

received in payment therefor shall be deposited into the Treasury

as miscellaneous receipts.

(d) Reimbursement for military assistance

Except as otherwise provided in section 2318 of this title,

reimbursement shall be made to any United States Government agency,

from funds available for use under subchapter II of this chapter,

for any assistance furnished under subchapter II of this chapter,

from, by, or through such agency. Such reimbursement shall be in an

amount equal to the value (as defined in section 2403(m) of this

title) of the defense articles or of the defense services (other

than salaries of members of the Armed Forces of the United States),

or other assistance furnished, plus expenses arising from or

incident to operations under subchapter II of this chapter (other

than salaries of the Armed Forces of the United States and unfunded

estimated costs of civilian retirement and other benefits). The

amount of such reimbursement shall be credited to the current

applicable appropriations, funds, or accounts of such agency.

(e) Establishment of accounts

In furnishing assistance under this chapter, accounts may be

established on the books of any agency of the United States

Government or, on terms and conditions approved by the Secretary of

the Treasury, in banking institutions in the United States, (1)

against which letters of commitment may be issued which shall

constitute recordable obligations of the United States Government,

and moneys due or to become due under such letters of commitment

shall be assignable under the Assignment of Claims Act of 1940, as

amended (second and third paragraphs of 31 U.S.C. 203 (!1) and 41

U.S.C. 15), and (2) from which disbursements may be made to, or

withdrawals may be made by, recipient countries or agencies,

organizations, or persons upon presentation of contracts, invoices,

or other appropriate documentation. Expenditure of funds which have

been made available through accounts so established shall be

accounted for on standard documentation required for expenditure of

funds of the United States Government: Provided, That such

expenditures for commodities, defense articles, military education

and training, services (including defense services), or facilities

procured outside the United States may be accounted for exclusively

on such certification as may be prescribed in regulations approved

by the Comptroller General of the United States.

(f) Credits made by Export-Import Bank of the United States

Credits made by the Export-Import Bank of the United States with

funds allocated thereto under subsection (a) of this section or

under section 1782(a) (!1) of this title, shall not be considered

in determining whether the Bank has outstanding at any one time

loans and guaranties to the extent of the limitation imposed by

section 635e of title 12.

(g) Charge of expenses to appropriation or account

Any appropriation or account available to carry out provisions of

subchapter I of this chapter may initially be charged in any fiscal

year, within the limit of available funds, to finance expenses for

which funds are available in other appropriations or accounts under

subchapter I of this chapter: Provided, That as of the end of such

fiscal year such expenses shall be finally charged to applicable

appropriations or accounts with proper credit to the appropriations

or accounts initially utilized for financing purposes: Provided

further, That such final charge to applicable appropriations or

accounts shall not be required in the case of expenses (other than

those provided for under section 2397(a) of this title) incurred in

furnishing assistance by the agency primarily responsible for

administering subchapter I of this chapter where it is determined

that the accounting costs of identifying the applicable

appropriation or account to which such expenses should be charged

would be disproportionate to the advantage to be gained.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 632, Sept. 4, 1961, 75 Stat. 453;

Pub. L. 90-137, pt. III, Sec. 302(g), Nov. 14, 1967, 81 Stat. 460;

Pub. L. 90-267, Sec. 1(a), Mar. 13, 1968, 82 Stat. 47; Pub. L.

90-629, ch. 4, Sec. 45(b)(3), Oct. 22, 1968, 82 Stat. 1327; Pub. L.

94-329, title I, Sec. 106(b)(4), June 30, 1976, 90 Stat. 733; Pub.

L. 100-690, title IV, Sec. 4506, Nov. 18, 1988, 102 Stat. 4286;

Pub. L. 101-165, title IX, Sec. 9104(b)(2), Nov. 21, 1989, 103

Stat. 1152.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (b), and (e), was in

the original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75

Stat. 424, as amended, known as the Foreign Assistance Act of 1961.

For complete classification of this Act to the Code, see Short

Title note set out under section 2151 of this title and Tables.

The Assignment of Claims Act of 1940, as amended, referred to in

subsec. (e), is act Oct. 9, 1940, ch. 779, 54 Stat. 1029, as

amended, which added the second and third pars. to section 203 of

former Title 31, Money and Finance, and the second and third pars.

to section 15 of Title 41, Public Contracts. Section 203 of former

Title 31 was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982,

96 Stat. 1068, and reenacted by the first section thereof as

section 3727 of Title 31, Money and Finance. Such second and third

pars. were restated in section 3727(b) (last sentence) and (c) of

Title 31. The second and third pars. of section 15 of Title 41 were

redesignated subsecs. (b) and (c), respectively, of that section by

Pub. L. 103-355, title II, Sec. 2451, Oct. 13, 1994, 108 Stat.

3324.

Section 1782(a) of this title, referred to in subsec. (f), was

repealed by Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept. 4, 1961,

75 Stat. 460.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE

SUCH PARTS

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

AMENDMENTS

1989 - Subsec. (d). Pub. L. 101-165 inserted at end of second

sentence "(other than salaries of the Armed Forces of the United

States and unfunded estimated costs of civilian retirement and

other benefits)".

1988 - Subsec. (c). Pub. L. 100-690 inserted "or, in the case of

services procured from the Department of Defense to carry out part

VIII of subchapter I of this chapter, the amount of the additional

costs incurred by the Department of Defense in providing such

services," after "at actual cost,".

1976 - Subsec. (a). Pub. L. 94-329, Sec. 106(b)(4)(A), inserted

"military education and training" after "articles".

Subsec. (b). Pub. L. 94-329, Sec. 106(b)(4)(B), substituted

"defense articles, or military education and training" for "and

defense articles".

Subsec. (e). Pub. L. 94-329, Sec. 106(b)(4)(A), inserted

"military education and training" after "articles".

1968 - Subsec. (d). Pub. L. 90-629 struck out references to

sections 2342 and 2343 of this title in the exception provision.

1967 - Subsec. (d). Pub. L. 90-137 substituted reference to

sections 2318, 2342, and 2343 for former reference to sections 2315

and 2318 of this title.

-CHANGE-

CHANGE OF NAME

"Export-Import Bank of Washington" changed to "Export-Import Bank

of the United States" in text to conform to such change in name in

the Export-Import Bank Act of 1945, section 635 et seq. of Title

12, Banks and Banking, provided for in section 1(a) of Pub. L.

90-267, Mar. 13, 1968, 82 Stat. 47.

-MISC2-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-629 effective July 1, 1968, see section

41 of Pub. L. 90-629, set out as an Effective Date note under

section 2751 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC3-

ACCOUNTING ADJUSTMENTS BETWEEN APPROPRIATIONS

Charge of expenses to appropriation or account not affected by

provisions for accounting adjustments between appropriations, see

section 3 of Pub. L. 89-473, June 29, 1966, 80 Stat. 221, set out

as a note under section 628a of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2194, 2321j, 2347c, 2403

of this title; title 10 section 2211.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2393 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2393. Waiver of certain laws

-STATUTE-

(a) Contracts and expenditure of funds

Whenever the President determines it to be in furtherance of the

purposes of this chapter, the functions authorized under this

chapter may be performed without regard to such provisions of law

(other than the Renegotiation Act of 1951, as amended (50 U.S.C.

App. 1211 et seq.) regulating the making, performance, amendment,

or modification of contracts and the expenditure of funds of the

United States Government as the President may specify.

(b) Neutrality laws

The functions authorized under subchapter II of this chapter may

be performed without regard to such provisions as the President may

specify of subchapter II of chapter 9 of this title.

(c) Assignment of personnel

Notwithstanding the provisions of sections 3544(b) and 8544(b)

(!1) of title 10, personnel of the Department of Defense may be

assigned or detailed to any civil office to carry out this chapter.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 633, Sept. 4, 1961, 75 Stat. 454.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

The Renegotiation Act of 1951, as amended, referred to in subsec.

(a), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which

was classified principally to section 1211 et seq. of Title 50,

Appendix, War and National Defense, prior to its omission from the

Code. See note preceding section 1211 of Title 50, Appendix.

Sections 3544 and 8544 of title 10, referred to in subsec. (c),

were repealed by Pub. L. 90-235, Sec. 4(a)(6), Jan. 2, 1968, 81

Stat. 759.

-MISC1-

REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter II of this chapter are deemed to exclude

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II, and references to

subchapter I of this chapter are deemed to include such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-EXEC-

EXECUTIVE ORDER NO. 10784

Ex. Ord. No. 10784, Oct. 1, 1958, 23 F.R. 7691, as amended by Ex.

Ord. No. 10845, Oct. 12, 1959, 24 F.R. 8317, which specified laws

from which functions authorized by this chapter shall be exempt,

was superseded by Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635,

set out below.

EXECUTIVE ORDER NO. 10845

Ex. Ord. No. 10845 of Oct. 12, 1959, setting out laws from which

authorized functions were exempt, was superseded by Ex. Ord. No.

11223, May 12, 1965, 30 F.R. 6635, set out below.

EX. ORD. NO. 11223. SPECIFICATION OF LAWS FROM WHICH FUNCTIONS

AUTHORIZED BY THIS CHAPTER SHALL BE EXEMPT

Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, as amended by Ex.

Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673; Ex. Ord. No. 12178,

Dec. 10, 1979, 44 F.R. 71807; Ex. Ord. No. 13118, Sec. 10(10), Mar.

31, 1999, 64 F.R. 16599, provided:

By virtue of the authority vested in me by Section 633 of the

Foreign Assistance Act of 1961, as amended, 75 Stat. 454 (22 U.S.C.

2393), it is hereby determined that, to the extent hereinafter

indicated, the performance of functions authorized by that Act, as

amended, and any predecessor legislation, without regard to the

laws specified in the numbered subdivisions of Sections 1 and 2 of

this order and without regard to consideration as specified in

Sections 3 and 4 of this order will further the purposes of the

Foreign Assistance Act of 1961, as amended [this chapter]:

Section 1. With respect to functions authorized by the Foreign

Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), and

any predecessor legislation except those functions exercised by the

Department of Defense under authority of Sections 621 and 623 of

the Foreign Assistance Act of 1961 (22 U.S.C. 2381 and 2383):

(1) The Act of March 26, 1934, 48 Stat. 500, as amended (15

U.S.C. 616a).

(2) Section 3648 of the Revised Statutes, as amended, 60 Stat.

809 (31 U.S.C. 529) [31 U.S.C. 3324].

(3) Section 305 of the Federal Property and Administrative

Services Act of 1949, 63 Stat. 396, as amended (41 U.S.C. 255).

(4) Section 3709 of the Revised Statutes, as amended (41 U.S.C.

5).

(5) Section 3710 of the Revised Statutes (41 U.S.C. 8).

(6) Section 2 of title III of the Act of March 3, 1933, 47 Stat.

1520 (41 U.S.C. 10a).

(7) Section 3735 of the Revised Statutes (41 U.S.C. 13).

(8) Section 304(c) of the Federal Property and Administrative

Services Act of 1949, as added by the Act of October 31, 1951, 65

Stat. 700 (41 U.S.C. 254(c)), but only with respect to contracts

entered into with foreign governments or agencies thereof for the

rendering of services to the United States or an agency thereof

within the continental limits of the United States.

(9) Section 901(a) of the Merchant Marine Act, 1936, 49 Stat.

2015 as amended (46 [App.] U.S.C. 1241(a)).

Sec. 2. With respect to purchases authorized to be made outside

the limits of the United States or the District of Columbia under

the Foreign Assistance Act of 1961, as amended [this chapter], and

any predecessor legislation:

(1) [Former] Section 2276(a) of title 10 of the United States

Code.

(2) Section 2313(b) of title 10 of the United States Code.

(3) Section 304(c) of the Federal Property and Administrative

Services Act of 1949, as added by the Act of October 31, 1951, 65

Stat. 700 (41 U.S.C. 254(c)).

(4) Section 1301 of the Second War Powers Act, 1942, 56 Stat. 185

(50 U.S.C. App. 643), as extended by the provisions of the Act of

June 30, 1953, 67 Stat. 120.

(5) Section 3(b) of the Act of August 28, 1958, 72 Stat. 972 (50

U.S.C. 1433(b)), but only with respect to contracts in which the

inclusion of the clause required by Section 3(b), or the compliance

with that clause, if included in a contract, is deemed by the

executive or military department concerned to be impracticable.

Sec. 3. With respect to cost-type contracts heretofore or

hereafter made with non-profit institutions under which no fee is

charged or paid, amendments and modifications of such contracts may

be made with or without consideration and may be utilized to

accomplish the same things as any original contract could have

accomplished, irrespective of the time or circumstances of the

making, or the form of the contract amended or modified, or of the

amending or modifying contract and irrespective of rights which may

have accrued under the contract or the amendments or modifications

thereof.

Sec. 4. With respect to contracts heretofore or hereafter made,

other than those described in Section 3 of this order, amendments

and modifications of such contracts may be made with or without

consideration and may be utilized to accomplish the same things as

any original contract could have accomplished, irrespective of the

time or circumstances of the making, or the form of the contract

amended or modified, or of the amending or modifying contract, and

irrespective of rights which may have accrued under the contract or

the amendments or modifications thereof, if the Secretary of State

or the Administrator of the United States Agency for International

Development (with respect to functions vested in or delegated to

the Administrator) determines in each case that such action is

necessary to protect the foreign policy interests of the United

States.

Sec. 5. Executive Order No. 10784 of October 1, 1958, and

Executive Order No. 10845 of October 12, 1959, are hereby

superseded.

Sec. 6. I determine it to be in furtherance of the purposes of

the Foreign Assistance Act of 1961, as amended [22 U.S.C. 2151 et

seq.], and in the national security interest of the United States

that the functions authorized by chapter 7 of Part II of that Act

[22 U.S.C. 2349 et seq.], relating to air base construction in

Israel, be performed without regard to the following additional

specified provisions of law:

(1) Title IX of the Federal Property and Administration Services

Act of 1949, as amended (40 U.S.C. 541-544) [now 40 U.S.C.

1101-1104];

(2) Section 612 of the Military Construction Authorization Act,

1967, as amended (31 U.S.C. 723a) [10 U.S.C. 2661a(b)];

(3) Section 719 of the Defense Production Act of 1950, as amended

(50 U.S.C. App. 2168); and

(4) Section 111 of the Federal Property and Administrative

Services Act of 1949, as amended ([former] 40 U.S.C. 759).

DETERMINATION UNDER THIS SECTION WAIVING REQUIREMENTS WITH RESPECT

TO CLOSE OUT OF PRIOR YEAR APPROPRIATIONS ACCOUNTS

Determination of President of the United States, No. 91-21, Feb.

27, 1991, 56 F.R. 10771, provided:

Memorandum for the Secretary of State

Pursuant to the authority vested in me by section 633(a) of the

Foreign Assistance Act of 1961, as amended (the "Act"), 22 U.S.C.

2393(a), I hereby determine it to be in furtherance of the purposes

of the Act [22 U.S.C. 2151 et seq.] that the functions authorized

by the Act be performed without regard to section 1405 of the

National Defense Authorization Act for Fiscal Year 1991 (Public Law

101-510) [amending sections 1551 to 1557 of Title 31, Money and

Finance, repealing section 2782 of Title 10, Armed Forces, and

enacting provisions set out as a note under section 1551 of Title

31], and amendments contained therein.

This determination shall apply only to funds appropriated to

carry out the provisions of the Act that were appropriated for

fiscal year 1984 and for prior fiscal years, and shall suspend the

application of the provisions of section 1405 of the National

Defense Authorization Act for Fiscal Year 1991, and amendments

contained therein, through September 30, 1992.

You are authorized and directed to publish this determination in

the Federal Register.

George Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2349b of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2393a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2393a. Requests by General Accounting Office and Congressional

committees for documents and materials

-STATUTE-

None of the funds made available pursuant to the provisions of

this chapter shall be used to carry out any provision of this

chapter in any country or with respect to any project or activity,

after the expiration of the thirty-five-day period which begins on

the date the General Accounting Office or any committee of the

Congress charged with considering legislation, appropriations or

expenditures under this chapter, has delivered to the office of the

head of any agency carrying out such provision, a written request

that it be furnished any document, paper, communication, audit,

review, finding, recommendation, report, or other material in its

custody or control relating to the administration of such provision

in such country or with respect to such project or activity, unless

and until there has been furnished to the General Accounting

Office, or to such committee, as the case may be, (1) the document,

paper, communication, audit, review, finding, recommendation,

report, or other material so requested, or (2) a certification by

the President that he has forbidden the furnishing thereof pursuant

to request and his reason for so doing.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 633A, as added Pub. L. 95-424, title

V, Sec. 502(a)(1), Oct. 6, 1978, 92 Stat. 957.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-COD-

CODIFICATION

This section was formerly classified to subsec. (c) of section

2394 of this title prior to the complete revision of section 2394

of this title by Pub. L. 95-424, title V, Sec. 502(a)(2), Oct. 6,

1978, 92 Stat. 957.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 605 of Pub. L.

95-424, set out as an Effective Date of 1978 Amendment note under

section 2151 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2394 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2394. Reports and information; definitions

-STATUTE-

(a) Annual report to Congress on programs having impact on

developing countries; contents

In order that the Congress and the American people may be better

and more currently informed regarding American foreign policy and

the effectiveness of assistance provided by the United States

Government to other countries and to international organizations,

the Chairman of the Development Coordination Committee shall

prepare and transmit to the Congress, no later than February 1 of

each year, as a part of the annual presentation materials for

foreign assistance, a report as described in this subsection. This

report shall include -

(1)(A) a comprehensive and coordinated review of all United

States policies and programs having a major impact on the

development of developing countries, including but not limited to

bilateral and multilateral assistance, trade, debt, employment,

food, energy, technology, population, oceans, environment, human

settlements, natural resources, and participation in

international agencies concerned with development;

(B) an assessment of the impact of such policies and programs

on the well-being of the poor majority in developing countries in

accordance with the policy objectives of part I of subchapter I

of this chapter, including increasing life expectancy and

literacy, lowering infant mortality and birth rates, and

increasing food production and employment, such assessment to

include an evaluation of the extent to which programs under part

I of subchapter I of this chapter directly benefit the poor

majority; and

(C) an assessment of the impact of such policies and programs

on economic conditions in the United States, including but not

limited to employment, wages, and working conditions;

(2) the dollar value of all foreign assistance and guaranties

by category and by country provided or made by the United States

Government by any means to all foreign countries and

international organizations -

(A) from 1946 to the fiscal year immediately preceding the

fiscal year for which the report is required;

(B) as presented to Congress for the immediate preceding

fiscal year;

(C) as obligated during the immediately preceding fiscal

year;

(D) as planned for the fiscal year in which the report is

presented;

(E) as proposed for the fiscal year following the year in

which the report is presented; and

(F) of any contract in excess of $100,000 administered by the

Agency for International Development which was entered into in

the preceding fiscal year without competitive selection

procedures, and the reasons for doing so;

(3) a summary of repayments, by country, to the United States

from previous foreign assistance loans;

(4) the status of each sale of agricultural commodities on

credit terms theretofore made under the Agricultural Trade

Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.]

with respect to which there remains outstanding any unpaid

obligation; and the status of each transaction with respect to

which a loan, contract or guarantee of insurance, or extension of

credit (or participation therein) was theretofore made under the

Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] with

respect to which there remains outstanding any unpaid obligation

or potential liability; except that such report shall include

individually only any loan, contract, sale, extension of credit,

or other transactions listed in this paragraph which is in excess

of $1,000,000;

(5)(A) the status of the debt servicing capacity of each

country receiving assistance under this chapter;

(B) all forms of debt relief granted by the United States with

respect to such countries, together with a detailed statement of

the specific debt relief granted with respect to each such

country and the purpose for which it was granted; and

(C) a summary of the net aid flow from the United States to

such countries, taking into consideration the debt relief granted

by the United States;

(6) the dollar value of all official development assistance,

security assistance, international disaster assistance, refugee

assistance, and international narcotics control assistance

provided by each government of a country which is a member of the

Organization for Economic Cooperation and Development or of the

Organization of Petroleum Exporting Countries;

(7) the percentage which each type of assistance described in

paragraph (6) represents of (A) the gross national product of

each country referred to in paragraph (6), and (B) the budget of

the government of such country, as well as the per capita

contribution for each country for each type of assistance

described in paragraph (6);

(8) the amount of all foreign currencies acquired without

payment of dollars on hand of each foreign country as of

September 30 of the preceding fiscal year;

(9) the Development Coordination Committee's operations

pursuant to section 2399c(f) of this title;

(10) the aggregate dollar value and quantity of grant military

assistance, military education and training, and any other

defense articles and services furnished under this chapter by the

United States to each foreign country and international

organization for the preceding fiscal year;

(11) information concerning the activities of the Minority

Resource Center during the preceding fiscal year; and

(12) other information appropriate to the conduct of the

foreign assistance program of the United States Government.

(b) "Foreign assistance" and "provided by the United States

Government" defined

For purposes of this section -

(1) "foreign assistance" means any tangible or intangible item

provided by the United States Government to a foreign country or

international organization under this chapter or any other Act,

including but not limited to any training, service, or technical

advice, any item of real, personal, or mixed property, any

agricultural commodity, United States dollars, and any currencies

of any foreign country which are owned by the United States

Government; and

(2) "provided by the United States Government" includes, but is

not limited to, foreign assistance provided by means of gift,

loan, sale, credit, or guaranty.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 634, Sept. 4, 1961, 75 Stat. 455;

Pub. L. 87-565, pt. III, Sec. 302(e), (f), Aug. 1, 1962, 76 Stat.

262; Pub. L. 89-583, pt. III, Sec. 302(c), Sept. 19, 1966, 80 Stat.

807; Pub. L. 90-137, pt. III, Sec. 302(h), Nov. 14, 1967, 81 Stat.

460; Pub. L. 90-629, ch. 4, Sec. 45(a), (b)(4), Oct. 22, 1968, 82

Stat. 1327; Pub. L. 91-175, pt. III, Sec. 305, Dec. 30, 1969, 83

Stat. 821; Pub. L. 92-226, pt. III, Sec. 304(a)(3), (c)(2), Feb. 7,

1972, 86 Stat. 28, 32; Pub. L. 93-189, Sec. 17, Dec. 17, 1973, 87

Stat. 724; Pub. L. 93-559, Sec. 14, Dec. 30, 1974, 88 Stat. 1799;

Pub. L. 94-273, Sec. 6(1), Apr. 21, 1976, 90 Stat. 377; Pub. L.

94-329, title II, Sec. 209(b), June 30, 1976, 90 Stat. 739; Pub. L.

95-424, title V, Sec. 502(a)(1), (2), Oct. 6, 1978, 92 Stat. 957;

Pub. L. 96-533, title VII, Sec. 707, Dec. 16, 1980, 94 Stat. 3159;

Pub. L. 97-113, title VII, Sec. 733, Dec. 29, 1981, 95 Stat. 1559;

Pub. L. 99-83, title III, Sec. 312(b), Aug. 8, 1985, 99 Stat. 216.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsec. (a)(4), is act July 10, 1954, ch. 469, 68

Stat. 454, as amended, which is classified principally to chapter

41 (Sec. 1691 et seq.) of Title 7, Agriculture. For complete

classification of this Act to the Code, see Short Title note set

out under section 1691 of Title 7 and Tables.

The Export-Import Bank Act of 1945, referred to in subsec.

(a)(4), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended,

which is classified generally to subchapter I (Sec. 635 et seq.) of

chapter 6A of Title 12, Banks and Banking. For complete

classification of this Act to the Code, see Short Title note set

out under section 635 of Title 12 and Tables.

This chapter, referred to in subsecs. (a)(5)(A), (10), (b)(1),

was in the original "this Act", meaning Pub. L. 87-195, Sept. 4,

1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act

of 1961. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

-MISC1-

REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293

References to part I of subchapter I of this chapter are deemed

to include a reference to section 2293 of this title. See section

2293(d)(1) of this title.

-COD-

CODIFICATION

Prior to the complete revision of this section by section

502(a)(2) of Pub. L. 95-424, section 501(a)(1) of Pub. L. 95-424

redesignated former subsec. (c), relating to requests by the

General Accounting Office and Congressional committees for

documents and other material, as section 2393a of this title.

-MISC2-

AMENDMENTS

1985 - Subsec. (a)(1)(B). Pub. L. 99-83 inserted provisions

relating to evaluation of whether programs are benefiting the poor

majority.

1981 - Subsec. (a). Pub. L. 97-113, Sec. 733(1), substituted

provision requiring information regarding American foreign policy

and effectiveness of assistance to other countries for provision

requiring information regarding United States development policy

and effectiveness of assistance to developing countries and

provision directing the Chairman prepare and transmit to Congress

as part of the annual presentation materials for foreign assistance

a report as described in this subsection for provision directing

the Chairman to transmit a report on foreign assistance for the

fiscal year ending the previous Sept. 30.

Subsec. (a)(1)(B). Pub. L. 97-113, Sec. 733(2), struck out "the

progress developing countries are making toward achieving those

objectives which are indicative of improved well-being of the poor

majority, which objectives shall include but not be limited to"

before "increasing life expectancy and literacy".

Subsec. (a)(2)(F). Pub. L. 97-113, Sec. 733(3), added subpar.

(F).

Subsec. (a)(4). Pub. L. 97-113, Sec. 733(4), struck out

requirement that the report include the status of each loan and

each contract of guaranty or insurance theretofore made under this

chapter, predecessor Acts, or any Act authorizing international

security assistance, with respect to which there remained

outstanding any unpaid obligation or potential liability, and the

status of each extension of credit for the procurement of defense

articles or defense services, and of each contract of guarantee in

connection with any such procurement, theretofore made under the

Arms Export Control Act with respect to which there remained

outstanding any unpaid obligation or potential liability.

Subsec. (a)(7). Pub. L. 97-113, Sec. 733(5), struck out "and"

after the semicolon.

Subsec. (a)(8). Pub. L. 97-113, Sec. 733(6), substituted

provision that the report contain the amount of all foreign

currencies acquired without payment of dollars on hand of each

foreign country as of Sept. 30 of the preceding fiscal year for

provision that the report contain such other matters relating to

foreign assistance provided under subchapter I of this chapter as

the Chairman of the Development Coordination Committee considers

appropriate.

Subsec. (a)(9) to (12). Pub. L. 97-113, Sec. 733(6), added pars.

(9) to (12).

1980 - Subsec. (a)(6) to (8). Pub. L. 96-533 added pars. (6) and

(7) and redesignated former par. (6) as (8).

1978 - Subsec. (a). Pub. L. 95-424, Sec. 502(a)(2), added subsec.

(a).

Subsec. (b). Pub. L. 95-424, Sec. 502(a)(2), substituted

definitions of "foreign assistance" and "provided by the United

States Government" for provisions requiring public disclosure of

all information concerning operations under this chapter except

that which is deemed incompatible with the Security of the United

States.

Subsec. (c). Pub. L. 95-424, Sec. 502(a)(1), struck out "(c)" at

beginning of subsection and transferred the remainder of subsection

to section 2393a of this title.

Subsecs. (d) to (h). Pub. L. 95-424, Sec. 502(a)(2), struck out

subsecs. (d), relating to presentation of programs to Congressional

committees; (e), relating to inclusion of a specific plan in the

President's recommendations to Congress; (f), relating to a report

by the President to Congress showing the status of each outstanding

loan; (g), relating to a report by the President to Congress

showing debt-servicing problems; and (h), relating to military

assistance to South Vietnam, Thailand, and Laos.

1976 - Subsec. (d). Pub. L. 94-329 struck out provisions under

which sales pursuant to the Foreign Assistance Act of 1961 or any

other Act were included in the enumeration of factors used in

developing, for purpose of presentation material, a chart showing

the full extent of United States assistance planned or expected for

each such country for the next fiscal year.

Subsec. (f). Pub. L. 94-273 substituted "September" for "June"

and "March" for "December".

1974 - Subsec. (d). Pub. L. 93-559 substituted in item (1)

respecting presentation material "economic assistance, military

grants (and including for any such grant of any excess defense

article, the value of such article expressed in terms of its

acquisition cost to the United States), and military sales" for

"economic assistance and military grants and sales".

1973 - Subsec. (f). Pub. L. 93-189 inserted references to

contracts of guarantee or insurance, the status of sales of defense

articles or defense services on credit terms, the status of sales

of agricultural commodities on credit terms, and the status of

loans, contracts of guarantee or insurance, or extensions of credit

(or participations therein) made under the Export-Import Bank Act

of 1945, and inserted provisions limiting the reporting requirement

of the subsection so as to include only loans, contracts, sales,

extensions of credit, or other transactions in excess of

$1,000,000.

Subsec. (g). Pub. L. 93-189 added subsec. (g).

1972 - Subsec. (a). Pub. L. 92-226, Sec. 304(c)(2), struck out

provisions for annual report to Congress concerning operations

under this chapter, including information on the progress of the

freedom of navigation and nondiscrimination declaration. See annual

foreign assistance report provisions of section 2417 of this title.

Subsec. (d). Pub. L. 92-226, Sec. 304(a)(3), substituted in last

sentence reference to section "2360(b)" for prior reference to

sections "2360, 2364(a)".

1969 - Subsec. (a). Pub. L. 91-175 excluded operations reported

to Congress pursuant to section 2200a of this title from report

required by this section, and struck out of last sentence reference

to the operation of the investment guaranty program.

1968 - Subsec. (d). Pub. L. 90-629, Sec. 45(b)(4), required the

presentation material to include in the chart foreign assistance

data under any other Act.

Subsec. (g). Pub. L. 90-629, Sec. 45(a), repealed provisions of

subsec. (g) which related to exports of defense articles, contents

of reports, and utilization of statistics and information of

Government agencies, and is now covered by section 2776(a) of this

title.

1967 - Subsec. (d). Pub. L. 90-137, Sec. 302(h)(1), inserted

introductory provision for presentation of programs to

Congressional Committees in connection with requests for

appropriations for fiscal year 1969, penultimate provision for

inclusion of foreign assistance data (an assistance chart,

contribution details, and a statement of projects), and provision

for notification as to findings and reasons therefor under section

2311 or 2341(c) of this title.

Subsecs. (g), (h). Pub. L. 90-137, Sec. 302(h)(2), added subsecs.

(g) and (h).

1966 - Subsec. (f). Pub. L. 89-583 added subsec. (f).

1962 - Subsec. (a). Pub. L. 87-565, Sec. 302(e), required reports

to include information on progress under the freedom of navigation

and nondiscriminatory declaration contained in section 2151 of this

title.

Subsec. (d). Pub. L. 87-565, Sec. 302(f), substituted "At the end

of each fiscal year" and "fiscal year" for "In January of each

year" and "preceding twelve months", respectively, and provided

that the presentation material submitted to Congress during its

consideration of amendments to this chapter, or of any Act

appropriating funds pursuant to authorizations contained in this

chapter, should include a comparison of the current fiscal year

programs and activities with those presented to Congress in the

previous year and an explanation of any substantial changes.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 304(c)(3) of Pub. L. 92-226 provided that: "The

provisions of this subsection [amending this section and section

2403 of this title] and section 657 of such Act [section 2417 of

this title], as added by subsection (b) of this Act [this section],

shall apply with respect to each fiscal year commencing on or after

July 1, 1971."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-629 effective July 1, 1968, see section

41 of Pub. L. 90-629, set out as an Effective Date note under

section 2751 of this title.

SAVINGS PROVISION

Determinations, authorizations, regulations, orders, contracts,

agreements, and other actions issued, undertaken, or entered into

under authority of any provision of former subsec. (g) of this

section as continuing in full force and effect until modified by

appropriate authority, see section 46 of Pub. L. 90-629, set out as

a note under former section 2341 of this title.

ANNUAL REPORT ON ECONOMIC AND SOCIAL GROWTH

Pub. L. 104-107, title V, Sec. 574, Feb. 12, 1996, 110 Stat. 749,

required the President to submit to the appropriate congressional

committees an annual report providing a concise overview of the

prospects for economic and social growth in countries receiving

economic assistance under title II of Pub. L. 104-107, prior to

repeal by Pub. L. 107-228, div. A, title VI, Sec. 671(2), Sept. 30,

2002, 116 Stat. 1407.

PROGRESS REPORT OF IMPLEMENTATION OF IMMUNIZATION AND ORAL

REHYDRATION PROMOTION PROGRAMS

Annual report under this section to describe progress achieved

during preceding fiscal year in carrying out section 2151b(c)(3) of

this title, see section 305(b) of Pub. L. 99-83, set out as a note

under section 2151b of this title.

NEGOTIATING EFFORTS CONCERNING ACCELERATED LOAN REPAYMENTS TO BE

INCLUDED IN ANNUAL REPORTS FOR FOREIGN ASSISTANCE FOR 1980 AND 1981

Annual reports on foreign assistance submitted in 1980 and 1981

pursuant to this section to contain negotiating efforts respecting

accelerated loan repayments under section 2151y of this title, see

section 508(b) of Pub. L. 96-53, set out as a note under section

2151y of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151p-1, 2151q, 2291a,

2321j, 2765, 2785 of this title.

-End-

-CITE-

22 USC Sec. 2394-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2394-1. Notification of program changes

-STATUTE-

(a) Covered programs; content of notifications

None of the funds appropriated to carry out the purposes of this

chapter (except for programs under subpart III or subpart IV of

part II of subchapter I of this chapter, part V of subchapter I of

this chapter, and programs of disaster relief and rehabilitation)

or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may be

obligated for any activities, programs, projects, types of materiel

assistance, countries, or other operations not justified, or in

excess of the amount justified, to the Congress for obligation

under this chapter or the Arms Export Control Act for any fiscal

year unless the Committee on Foreign Relations of the Senate, the

Committee on Foreign Affairs of the House of Representatives, and

the Committee on Appropriations of each House of the Congress are

notified fifteen days in advance of such obligation. Whenever a

proposed reprograming exceeds $1,000,000 and the total amount

proposed for obligation for a country under this chapter in a

fiscal year exceeds by more than $5,000,000 the amount specified

for that country in the report required by section 2413(a) of this

title, notifications of such proposed reprogramings shall specify -

(1) the nature and purpose of such proposed obligation, and

(2) to the extent possible at the time of the proposed

obligation, the country for which such funds would otherwise have

been obligated.

(b) Exceptions

The notification requirement of this section does not apply to

the reprogramming -

(1) of funds to be used for an activity, program, or project

under part I of subchapter I of this chapter if the amounts to be

obligated for that activity, program, or project for that fiscal

year do not exceed by more than 10 percent the amount justified

to the Congress for that activity, program, or project for that

fiscal year; or

(2) of less than $25,000 to be used under part VIII of

subchapter I of this chapter, or under part V of subchapter II of

this chapter, for a country for which a program under that part

for that fiscal year was justified to the Congress.

(c) Funds in the International Affairs Budget Function;

reprogramming

The President shall notify the chairman of the Committee on

Foreign Relations of the Senate and the chairman of the Committee

on Foreign Affairs of the House of Representatives concerning any

reprogramming of funds in the International Affairs Budget

Function, the authorizations of appropriations for which are in

their respective jurisdictions, to the same degree and with the

same conditions as the President notifies the Committees on

Appropriations. The requirements of this subsection are in addition

to, and not in lieu of, other notification requirements.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 634A, formerly Sec. 671, as added

Pub. L. 95-88, title I, Sec. 130, Aug. 3, 1977, 91 Stat. 543;

renumbered Sec. 634A, Pub. L. 95-424, title V, Sec. 502(b), Oct. 6,

1978, 92 Stat. 959; amended Pub. L. 97-113, title VII, Sec. 704,

Dec. 29, 1981, 95 Stat. 1544; Pub. L. 99-83, title XII, Sec.

1209(a), Aug. 8, 1985, 99 Stat. 278; Pub. L. 103-437, Sec. 9(a)(6),

Nov. 2, 1994, 108 Stat. 4588.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

The Arms Export Control Act, referred to in subsec. (a), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2751 of this title and

Tables.

-MISC1-

REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293

References to part I of subchapter I of this chapter are deemed

to include a reference to section 2293 of this title. See section

2293(d)(1) of this title.

-COD-

CODIFICATION

Section was formerly classified to section 2429b of this title.

-MISC2-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-437 substituted "Foreign Affairs"

for "International Relations" in introductory provisions.

1985 - Pub. L. 99-83 designated existing provisions as subsec.

(a), inserted references to the Arms Export Control Act in two

places, and added subsecs. (b) and (c).

1981 - Pub. L. 97-113 inserted provision respecting notification

of proposed reprograming of assistance.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC3-

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287e-2, 2152b, 2194,

2274, 2778, 2291, 2291-5, 2291a, 2291c, 2291e, 2291g, 2291j, 2293,

2295b, 2295c, 2318, 2321h, 2321j, 2346c, 2394aa-2, 2420, 2763,

2799c, 5476, 5605, 6039, 6062, 6063, 7102, 7536 of this title.

-End-

-CITE-

22 USC Sec. 2394-1a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2394-1a. Classification of reports

-STATUTE-

All information contained in any report transmitted under this

chapter shall be public information. However, in the case of any

item of information to be included in any such report that the

President, on an extraordinary basis, determines is clearly

detrimental to the security of the United States, he shall explain

in a supplemental report why publication of each specific item

would be detrimental to the security of the United States. A

supplemental report shall be transmitted to the Congress at the

time the report is transmitted.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 634B, as added Pub. L. 95-424, title

V, Sec. 502(c), Oct. 6, 1978, 92 Stat. 959.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 605 of Pub. L.

95-424, set out as an Effective Date of 1978 Amendment note under

section 2151 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2394a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2394a. Extortion and illegal payments to officials of foreign

countries receiving international security assistance

-STATUTE-

Within 60 days after receiving information which substantiates

that officials of a foreign country receiving international

security assistance have (1) received illegal or otherwise improper

payments from a United States corporation in return for a contract

to purchase defense articles or services from such corporation, or

(2) extorted, or attempted to extort, money or other things of

value in return for actions by officials of that country that

permit a United States citizen or corporation to conduct business

in that country, the President shall submit to Congress a report

outlining the circumstances of such payment or extortion. The

report shall contain a recommendation from the President as to

whether the United States should continue a security assistance

program for that country.

-SOURCE-

(Pub. L. 94-329, title VI, Sec. 607, June 30, 1976, 90 Stat. 768.)

-COD-

CODIFICATION

Section was not enacted as part of Pub. L. 87-195, Sept. 4, 1961,

75 Stat. 424, known as the Foreign Assistance Act of 1961, which

comprises this chapter.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2395 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2395. General authorities

-STATUTE-

(a) Manner of furnishing assistance; emphasis on loans

Except as otherwise specifically provided in this chapter,

assistance under this chapter may be furnished on a grant basis or

on such terms, including cash, credit, or other terms of repayment

(including repayment in foreign currencies or by transfer to the

United States Government of commodities) as may be determined to be

best suited to the achievement of the purposes of this chapter, and

shall emphasize loans rather than grants wherever possible.

(b) Authority of the President

The President may make loans, advances, and grants to, make and

perform agreements and contracts with, or enter into other

transactions with, any individual, corporation, or other body of

persons, friendly government or government agency, whether within

or without the United States, and international organizations in

furtherance of the purposes and within the limitations of this

chapter.

(c) Utilization of services and facilities of voluntary, nonprofit

organizations

It is the sense of Congress that the President, in furthering the

purposes of this chapter, shall use to the maximum extent

practicable the services and facilities of voluntary, nonprofit

organizations registered with, and approved by, the Agency for

International Development.

(d) Acceptance of gifts, devises, bequests, grants, etc.

The President may accept and use in furtherance of the purposes

of this chapter, money, funds, property, and services of any kind

made available by gift, devise, bequest, grant, or otherwise for

such purpose.

(e) Health and accident insurance for foreign participants and

foreign employees

(1) Any agency of the United States Government is authorized to

pay the cost of health and accident insurance for foreign

participants in any program of furnishing technical information and

assistance administered by such agency while such participants are

absent from their homes for the purpose of participation in such

program.

(2) Any agency of the United States Government is authorized to

pay the cost of health and accident insurance for foreign employees

of that agency while those employees are absent from their place of

employment abroad for purposes of training or other official

duties.

(f) Admission of alien participants

Alien participants in any program of furnishing technical

information and assistance under this chapter may be admitted to

the United States if otherwise qualified as nonimmigrants under

section 1101(a)(15) of title 8, for such time and under such

conditions as may be prescribed by regulations promulgated by the

Secretary of State and the Attorney General.

(g) Powers and authorities of the President with respect to loans

In making loans under this chapter, the President -

(1) may issue letters of credit and letters of commitment;

(2) may collect or compromise any obligations assigned to, or

held by, and any legal or equitable rights accruing to him, and,

as he may determine, refer any such obligations or rights to the

Attorney General for suit or collection;

(3) may acquire and dispose of, upon such terms and conditions

as he may determine, any property, including any instrument

evidencing indebtedness or ownership (provided that equity

securities may not be directly purchased although such securities

may be acquired by other means such as by exercise of conversion

rights or through enforcement of liens or pledges or otherwise to

satisfy a previously incurred indebtedness), and guarantee

payment against any such instrument;

(4) may determine the character of, and necessity for,

obligations and expenditures of funds used in making such loans

and the manner in which they shall be incurred, allowed, and

paid, subject to provisions of law specifically applicable to

corporations of the United States Government; and

(5) shall cause to be maintained an integral set of accounts

which shall be audited by the General Accounting Office in

accordance with principles and procedures applicable to

commercial corporate transactions as provided by chapter 91 of

title 31.

(h) Term of contracts and agreements

A contract or agreement which entails commitments for the

expenditure of funds made available under part I (except

development loans) and subpart II of part II of subchapter I and

under subchapter II of this chapter, may, subject to any future

action of the Congress, extend at any time for not more than five

years.

(i) Settlement and arbitration of claims arising under investment

guaranty operations

Claims arising as a result of investment guaranty operations may

be settled, and disputes arising as a result thereof may be

arbitrated with the consent of the parties, on such terms and

conditions as the President may direct. Payment made pursuant to

any such settlement, or as a result of an arbitration award, shall

be final and conclusive notwithstanding any other provision of law.

(j) Financial transactions with foreign governments; exemption

The provisions of section 955 of title 18 shall not apply to

prevent any person, including any individual, partnership,

corporation, or association, from acting for, or participating in,

any operation or transaction arising under this chapter, or from

acquiring any obligation issued in connection with any operation or

transaction arising under this chapter.

(k) Cost-type contracts with educational institutions; payment of

reimbursable indirect costs

Any cost-type contract or agreement (including grants) entered

into with a university, college, or other educational institution

for the purpose of carrying out programs authorized by subchapter I

of this chapter may provide for the payment of the reimbursable

indirect costs of said university, college, or other educational

institution on the basis of predetermined fixed-percentage rates

applied to the total, or an element thereof, of the reimbursable

direct costs incurred.

(g742l) Program oversight

The Administrator of the agency primarily responsible for

administering subchapter I of this chapter may use funds made

available under that subchapter to provide program and management

oversight for activities that are funded under that subchapter and

that are conducted in countries in which the agency does not have a

field mission or office.

(m) Working capital fund

(1) There is established a working capital fund (in this

subsection referred to as the "fund") for the United States Agency

for International Development (in this subsection referred to as

the "Agency") which shall be available without fiscal year

limitation for the expenses of personal and nonpersonal services,

equipment, and supplies for -

(A) International Cooperative Administrative Support Services;

and

(B) rebates from the use of United States Government credit

cards.

(2) The capital of the fund shall consist of -

(A) the fair and reasonable value of such supplies, equipment,

and other assets pertaining to the functions of the fund as the

Administrator determines,

(B) rebates from the use of United States Government credit

cards, and

(C) any appropriations made available for the purpose of

providing capital,

minus related liabilities.

(3) The fund shall be reimbursed or credited with advance

payments for services, equipment, or supplies provided from the

fund from applicable appropriations and funds of the Agency, other

Federal agencies and other sources authorized by section 2357 of

this title at rates that will recover total expenses of operation,

including accrual of annual leave and depreciation. Receipts from

the disposal of, or payments for the loss or damage to, property

held in the fund, rebates, reimbursements, refunds and other

credits applicable to the operation of the fund may be deposited in

the fund.

(4) At the close of each fiscal year the Administrator of the

Agency shall transfer out of the fund to the miscellaneous receipts

account of the Treasury of the United States such amounts as the

Administrator determines to be in excess of the needs of the fund.

(5) The fund may be charged with the current value of supplies

and equipment returned to the working capital of the fund by a

post, activity, or agency, and the proceeds shall he (!1) credited

to current applicable appropriations.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 635, Sept. 4, 1961, 75 Stat. 456;

Pub. L. 87-565, pt. III, Sec. 302(g), Aug. 1, 1962, 76 Stat. 262;

Pub. L. 88-205, pt. III, Sec. 302(e), Dec. 16, 1963, 77 Stat. 389;

Pub. L. 89-171, pt. III, Sec. 302(g), Sept. 6, 1965, 79 Stat. 660;

Pub. L. 89-583, pt. III, Sec. 302(d), Sept. 19, 1966, 80 Stat. 807;

Pub. L. 90-137, pt. III, Sec. 302(i), Nov. 14, 1967, 81 Stat. 461;

Pub. L. 95-424, title I, Sec. 102(g)(2)(G), Oct. 6, 1978, 92 Stat.

943; Pub. L. 96-53, title I, Sec. 121, Aug. 14, 1979, 93 Stat. 366;

Pub. L. 106-264, title III, Sec. 301, Aug. 19, 2000, 114 Stat. 760;

Pub. L. 106-309, title IV, Sec. 404, Oct. 17, 2000, 114 Stat.

1098.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) to (d), (g), and (j),

was in the original "this Act", meaning Pub. L. 87-195, Sept. 4,

1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act

of 1961. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE

SUCH PARTS

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293

References to part I of subchapter I of this chapter are deemed

to include a reference to section 2293 of this title. See section

2293(d)(1) of this title.

-COD-

CODIFICATION

In subsec. (g)(5), "chapter 91 of title 31" substituted for "the

Government Corporation Control Act, as amended (31 U.S.C. 841 et

seq.)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982,

96 Stat. 1067, the first section of which enacted Title 31, Money

and Finance.

-MISC2-

AMENDMENTS

2000 - Subsec. (l). Pub. L. 106-264 added subsec. (l).

Subsec. (m). Pub. L. 106-309 added subsec. (m).

1979 - Subsec. (c). Pub. L. 96-53 substituted "Agency for

International Development" for "Advisory Committee on Voluntary

Foreign Aid".

1978 - Subsec. (h). Pub. L. 95-424 substituted "part I (except

development loans) and subpart II of part II of subchapter I" for

"subparts II, V, and VI of part II of subchapter I (except

development loans)".

1967 - Subsec. (e). Pub. L. 90-137, Sec. 302(i)(1), designated

existing provisions as par. (1) and added par. (2).

Subsec. (g). Pub. L. 90-137, Sec. 302(i)(2), struck out "and

sales" after "loans" in introductory clause.

1966 - Subsec. (h). Pub. L. 89-583 excluded development loans

under the Alliance for Progress from the provision that contracts

or agreements which entail commitments for the expenditure of funds

may not extend for more than five years.

1965 - Subsec. (g). Pub. L. 89-171 inserted "and sales" in

introductory clause.

1963 - Subsec. (k). Pub. L. 88-205 added subsec. (k).

1962 - Subsec. (h). Pub. L. 87-565 included sections 2211 to 2213

of this title within the limitation on the duration of contracts

and agreements.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

EFFECTIVE DATE OF 1967 AMENDMENT

Section 302(i)(2) of Pub. L. 90-137 provided in part that

amendment of subsec. (g) by such section 302(i)(2) shall take

effect on June 30, 1968.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC3-

INTERNATIONAL AGREEMENTS

The negotiation, conclusion, and termination of international

agreements pursuant to this chapter shall be subject to

requirements of section 112b of Title 1, General Provisions, and to

applicable regulations and procedures, see section 1-604 of Ex.

Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56677, eff. Oct. 1, 1979,

set out as a note under section 2381 of this title.

INFORMATION TO CONGRESSIONAL COMMITTEES ON NEGOTIATIONS REGARDING

DEBTS OWED UNITED STATES BY FOREIGN GOVERNMENTS; TRANSMITTAL TO

CONGRESS OF DEBT MODIFICATION PROPOSALS

Pub. L. 93-333, Sec. 4, July 8, 1974, 88 Stat. 290, relating to

cancellation, renegotiation, etc., of any debt owed by a foreign

government, was repealed by Pub. L. 95-424, title VI, Sec. 603(b),

Oct. 6, 1978, 92 Stat. 961.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section 14

of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-FOOTNOTE-

(!1) So in original. Probably should be "be".

-End-

-CITE-

22 USC Sec. 2395a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2395a. International agreements concerning debt relief;

transmittal to Congressional committees

-STATUTE-

(1) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(5), Dec. 29,

1981, 95 Stat. 1560.

(2) The Secretary of State shall transmit to such committees a

copy of the text of any agreement with any foreign government which

would result in any such debt relief no less than thirty days prior

to its entry into force, together with a detailed justification of

the interest of the United States in the proposed debt relief. The

requirements of this paragraph shall not apply with respect to an

agreement if a statutory requirement exists that the amount of the

debt relief provided by the agreement may not exceed the amount

approved for such purposes in advance in an appropriation Act.

-SOURCE-

(Pub. L. 95-424, title VI, Sec. 603(a), Oct. 6, 1978, 92 Stat. 960;

H. Res. 89, Feb. 5, 1979; Pub. L. 97-113, title VII, Sec.

734(a)(5), Dec. 29, 1981, 95 Stat. 1560.)

-REFTEXT-

REFERENCES IN TEXT

"Such committees" and "such debt relief", referred to in par.

(2), mean the Committee on Foreign Relations of the Senate, the

Committee on Foreign Affairs of the House of Representatives, and

the Committee on Appropriations of the each House of Congress named

as the ongoing recipients of any information respecting debt relief

negotiations with foreign governments regarding any debts owing to

the United States in par. (1) provisions prior to repeal thereof by

section 734(a)(1) of Pub. L. 97-113.

-COD-

CODIFICATION

Section enacted as part of the International Development and Food

Assistance Act of 1978, and not as part of the Foreign Assistance

Act of 1961 which comprises this chapter.

-MISC1-

AMENDMENTS

1981 - Par. (1). Pub. L. 97-113 struck out par. (1) which

required Secretary of State keep the Committee on Foreign Relations

of the Senate, the Committee on Foreign Affairs of the House of

Representatives, and the Committee on Appropriations of each House

of Congress informed respecting any debt relief negotiations with

foreign governments regarding any debts owing to the United States.

-CHANGE-

CHANGE OF NAME

Committee on International Relations of House of Representatives

changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House

Resolution No. 89, 96th Congress.

-MISC2-

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 605 of Pub. L.

95-424, set out as an Effective Date of 1978 Amendment note under

section 2151 of this title.

ACTIONS TO PROVIDE BILATERAL DEBT RELIEF

Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title V, Sec. 501],

Nov. 29, 1999, 113 Stat. 1536, 1501A-311, provided that:

"(a) Cancellation of Debt. - Subject to the availability of

amounts provided in advance in appropriations Acts, the President

shall cancel all amounts owed to the United States (or any agency

of the United States) by any country eligible for debt reduction

under this section, as a result of loans made or credits extended

prior to June 20, 1999, under any of the provisions of law

specified in subsection (b).

"(b) Provisions of Law. - The provisions of law referred to in

subsection (a) are the following:

"(1) Sections 221 and 222 of the Foreign Assistance Act [of

1961] [22 U.S.C. 2181, 2182].

"(2) The Arms Export Control Act (22 U.S.C. 2751 et seq.).

"(3) Section 5(f) of the Commodity Credit Corporation Charter

Act [15 U.S.C. 714c(f)], section 201 of the Agricultural Trade

Act of 1978 (7 U.S.C. 5621), or section 202 of such Act (7 U.S.C.

5622), or predecessor provisions under the Food for Peace Act of

1966.

"(4) Title I of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1701 et seq.).

"(c) Other Debt Reduction Authorities. - The authority provided

in this section is in addition to any other debt relief authority

and does not in any way limit such authority.

"(d) Eligible Countries. - A country that is performing

satisfactorily under an economic reform program shall be eligible

for cancellation of debt under this section if -

"(1) the country, as of December 31, 2000, is eligible to

borrow from the International Development Association;

"(2) the country, as of December 31, 2000, is not eligible to

borrow from the International Bank for Reconstruction and

Development; and

"(3)(A) the country has outstanding public and publicly

guaranteed debt, the net present value of which on December 31,

1996, was at least 150 percent of the average annual value of the

exports of the country for the period 1994 through 1996; or

"(B)(i) the country has outstanding public and publicly

guaranteed debt, the net present value of which, as of the date

the President determines that the country is eligible for debt

relief under this section, is at least 150 percent of the annual

value of the exports of the country; or

"(ii) the country has outstanding public and publicly

guaranteed debt, the net present value of which, as of the date

the President determines that the country is eligible for debt

relief under this section, is at least 250 percent of the annual

fiscal revenues of the country, and has minimum ratios of exports

to Gross Domestic Product of 30 percent, and of fiscal revenues

to Gross Domestic Product of 15 percent.

"(e) Priority. - In carrying out subsection (a), the President

should seek to leverage scarce foreign assistance and give priority

to heavily indebted poor countries with demonstrated need and the

capacity to use such relief effectively.

"(f) Exceptions. - A country shall not be eligible for

cancellation of debt under this section if the government of the

country -

"(1) has an excessive level of military expenditures;

"(2) has repeatedly provided support for acts of international

terrorism, as determined by the Secretary of State under section

6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.

2405(j)(1)) or section 620A(a) of the Foreign Assistance Act of

1961 (22 U.S.C. 2371(a));

"(3) is failing to cooperate on international narcotics control

matters; or

"(4) (including its military or other security forces), engages

in a consistent pattern of gross violations of internationally

recognized human rights.

"(g) Additional Requirement. - A country which is otherwise

eligible to receive cancellation of debt under this section may

receive such cancellation only if the country has committed, in

connection with a social and economic reform program -

"(1) to enable, facilitate, or encourage the implementation of

policy changes and institutional reforms under economic reform

programs, in a manner that ensures that such policy changes and

institutional reforms are designed and adopted through

transparent and participatory processes;

"(2) to adopt an integrated development strategy of the type

described in section 1624(a) of the International Financial

Institutions Act [22 U.S.C. 262p-7], to support poverty reduction

through economic growth, that includes monitorable poverty

reduction goals;

"(3) to take steps so that the financial benefits of debt

relief are applied to programs to combat poverty (in particular

through concrete measures to improve economic infrastructure,

basic services in education, nutrition, and health, particularly

treatment and prevention of the leading causes of mortality) and

to redress environmental degradation;

"(4) to take steps to strengthen and expand the private sector,

encourage increased trade and investment, support the development

of free markets, and promote broad-scale economic growth;

"(5) to implement transparent policy making and budget

procedures, good governance, and effective anticorruption

measures;

"(6) to broaden public participation and popular understanding

of the principles and goals of poverty reduction, particularly

through economic growth, and good governance; and

"(7) to promote the participation of citizens and

nongovernmental organizations in the economic policy choices of

the government.

"(h) Certain Prohibitions Inapplicable. - Except as the President

may otherwise determine for reasons of national security, a

cancellation of debt under this section shall not be considered to

be assistance for purposes of any provision of law limiting

assistance to a country. The authority to provide for cancellation

of debt under this section may be exercised notwithstanding section

620(r) of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(r)],

or any similar provision of law.

"(i) Authorization of Appropriations. - For the cost (as defined

in section 502(5) of the Federal Credit Reform Act of 1990 [2

U.S.C. 661a(5)]) of the cancellation of any debt under this

section, there are authorized to be appropriated to the President

such sums as may be necessary for each of the fiscal years 2000

through 2004, which shall remain available until expended.

"(j) Annual Reports to the Congress. - Not later than December 31

of each year, the President shall prepare and transmit to the

Committees on Banking and Financial Services [now Committee on

Financial Services], Appropriations, and International Relations of

the House of Representatives, and the Committees on Banking,

Housing, and Urban Affairs, Foreign Relations, and Appropriations

of the Senate a report, which shall be made available to the

public, concerning the cancellation of debt under subsection (a),

and a detailed description of debt relief provided by the United

States as a member of the Paris Club of Official Creditors for the

prior fiscal year."

NOTIFICATION TO CONGRESS ON DEBT RELIEF AGREEMENTS

Pub. L. 102-391, title V, Sec. 548, Oct. 6, 1992, 106 Stat. 1673,

provided that: "The Secretary of State shall transmit to the

Appropriations Committees of the Congress and to such other

Committees as appropriate, a copy of the text of any agreement with

any foreign government which would result in any debt relief no

less than thirty days prior to its entry into force, other than one

entered into pursuant to this Act, together with a detailed

justification of the interest of the United States in the proposed

debt relief: Provided, That the term 'debt relief' shall include

any and all debt prepayment, debt rescheduling, and debt

restructuring proposals and agreements: Provided further, That the

Secretary of State and the Secretary of the Treasury should in

every feasible instance notify the Appropriations Committees of the

Congress and such other Committees as appropriate not less than 15

days prior to any formal multilateral or bilateral negotiation for

official debt restructuring, rescheduling, or relief: Provided

further, That the Secretary of State or the Secretary of the

Treasury, as appropriate, shall report not later than February 1 of

each year a consolidated statement of the budgetary implications of

all debt-related agreements entered into force during the preceding

fiscal year."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 101-513, title V, Sec. 550, Nov. 5, 1990, 104 Stat. 2020.

Pub. L. 101-167, title V, Sec. 555, Nov. 21, 1989, 103 Stat.

1237.

Pub. L. 100-461, title V, Sec. 557, Oct. 1, 1988, 102 Stat.

2268-38.

Pub. L. 100-202, Sec. 101(e) [title V, Sec. 563], Dec. 22, 1987,

101 Stat. 1329-131, 1329-172.

-End-

-CITE-

22 USC Sec. 2396 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2396. Availability of funds

-STATUTE-

(a) General expenditures

Appropriations for the purposes of or pursuant to this chapter

(except for subchapter II of this chapter), allocations to any

agency of the United States Government, from other appropriations,

for functions directly related to the purposes of this chapter, and

funds made available for other purposes to the agency primarily

responsible for administrating subchapter I of this chapter, shall

be available for:

(1) rent of buildings and space in buildings in the United

States, and for repair, alteration, and improvement of such

leased properties;

(2) expenses of attendance at meetings concerned with the

purposes of such appropriations or of this chapter, including

(notwithstanding the provisions of section 1346(a) and (c) of

title 31) expenses in connection with meetings of persons whose

employment is authorized by section 2386 of this title;

(3) contracting with individuals for personal services abroad:

Provided, That such individuals shall not be regarded as

employees of the United States Government for the purpose of any

law administered by the Civil Service Commission;

(4) purchase, maintenance, operation, and hire of aircraft:

Provided, That aircraft for administrative purposes may be

purchased only as specifically provided for in an appropriation

or other Act;

(5) purchase and hire of passenger motor vehicles: Provided,

That, except as may otherwise be provided in an appropriation or

other Act, passenger motor vehicles for administrative purposes

outside the United States may be purchased for replacement only,

and such vehicles may be exchanged or sold and replaced by an

equal number of such vehicles, and the cost, including exchange

allowance, of each such replacement shall not exceed the current

market price in the United States of a mid-sized sedan or station

wagon meeting the requirements established by the General

Services Administration for a Class III vehicle of United States

manufacture (or, if the replacement vehicle is a right-hand drive

vehicle, 120 percent of that price) in the case of an automobile

for the chief of any special mission or staff outside the United

States established under section 2391 of this title: Provided

further, That passenger motor vehicles, other than one for the

official use of the head of the agency primarily responsible for

administering subchapter I of this chapter, may be purchased for

use in the United States only as may be specifically provided in

an appropriation or other Act;

(6) entertainment (not to exceed $25,000 in any fiscal year

except as may otherwise be provided in an appropriation or other

Act);

(7) exchange of funds without regard to section 3651 (!1) of

the Revised Statutes (31 U.S.C. 543) and loss by exchange;

(8) expenditures (not to exceed $50,000 in any fiscal year

except as may otherwise be provided in an appropriation or other

Act) of a confidential character other than entertainment:

Provided, That a certificate of the amount of each such

expenditure, the nature of which it is considered inadvisable to

specify, shall be made by the head of the agency primarily

responsible for administering subchapter I of this chapter or

such person as he may designate, and every such certificate shall

be deemed a sufficient voucher for the amount therein specified;

(9) insurance of official motor vehicles or aircraft acquired

for use in foreign countries;

(10) rent or lease outside the United States for not to exceed

ten years of offices, buildings, grounds, and quarters, including

living quarters to house personnel, and payments therefor in

advance; maintenance, furnishings, necessary repairs,

improvements, and alterations to properties owned or rented by

the United States Government or made available for use to the

United States Government outside the United States; and costs of

fuel, water, and utilities for such properties;

(11) expenses of preparing and transporting to their former

homes, or, with respect to foreign participants engaged in any

program under subchapter I of this chapter, to their former homes

or places of burial, and of care and disposition of, the remains

of persons or members of the families of persons who may die

while such persons are away from their homes participating in

activities carried out with funds covered by this subsection;

(12) purchase of uniforms;

(13) payment of per diem in lieu of subsistence to foreign

participants engaged in any program under subchapter I of this

chapter while such participants are away from their homes in

countries other than the United States, at rates not in excess of

those prescribed by the standardized Government travel

regulations, notwithstanding any other provision of law;

(14) use in accordance with authorities of the Foreign Service

Act of 1980, as amended (22 U.S.C. 3901 et seq.), not otherwise

provided for;

(15) ice and drinking water for use outside the United States;

(16) services of commissioned officers of the Environmental

Science Services Administration, and for the purposes of

providing such services the Environmental Science Services

Administration may appoint not to exceed twenty commissioned

officers in addition to those otherwise authorized;(!2)

(b) Compensation, allowances, and travel of personnel; printing and

binding; expenditures outside United States

Funds made available for the purposes of this chapter may be used

for compensation, allowances, and travel of personnel including

Foreign Service personnel whose services are utilized primarily for

the purposes of this chapter, for printing and binding without

regard to the provisions of any other law, and for expenditures

outside the United States for the procurement of supplies and

services and for other administrative and operating purposes (other

than compensation of personnel) without regard to such laws and

regulations governing the obligation and expenditure of funds of

the United States Government as may be necessary to accomplish the

purposes of this chapter.

(c) Construction of living quarters, office space, and supporting

facilities

Notwithstanding any other law, not to exceed $6,000,000 of the

funds available for assistance under this chapter may be used in

any fiscal year (in addition to funds available for such use under

other authorities in this chapter) to construct or otherwise

acquire outside the United States (1) essential living quarters,

office space, and necessary supporting facilities for use of

personnel carrying out activities authorized by this chapter, and

(2) schools (including dormitories and boarding facilities) and

hospitals for use of personnel carrying out activities authorized

by this chapter, United States Government personnel, and their

dependents. In addition, funds made available for assistance under

this chapter may be used, notwithstanding any other law, to equip,

staff, operate, and maintain such schools and hospitals.

(d) Education of dependents

Not to exceed $2,500,000 of the funds available for assistance

under this chapter may be used in any fiscal year to provide

assistance, on such terms and conditions as are deemed appropriate,

to schools established, or to be established, outside the United

States whenever it is determined that such action would be more

economical or would best serve the interests of the United States

in providing for the education of dependents of personnel carrying

out activities authorized by this chapter and dependents of United

States Government personnel, in lieu of acquisition or construction

pursuant to subsection (c) of this section.

(e) Training costs

Funds available under this chapter may be used to pay costs of

training United States citizen personnel employed or assigned

pursuant to section 2385(d)(2) (!3) of this title (through

interchange or otherwise) at any State or local unit of government,

public or private nonprofit institution, trade, labor,

agricultural, or scientific association or organization, or

commercial firm; and the provisions of sections 1881 to 1888 (!3)

of title 7 may be used to carry out the foregoing authority

notwithstanding that interchange of personnel may not be involved

or that the training may not take place at the institutions

specified in sections 1881 to 1888 (!3) of title 7. Such training

shall not be considered employment or holding of office under

section 5533 of title 5, and any payments or contributions in

connection therewith may, as deemed appropriate by the head of the

agency of the United States Government authorizing such training,

be made by private or public sources and be accepted by any

trainee, or may be accepted by and credited to the current

applicable appropriation of such agency: Provided, however, That

any such payments to any employee in the nature of compensation

shall be in lieu, or in reduction, of compensation received from

the United States Government.

(f) Assistance in carrying out functions under certain laws

Funds made available under part I of subchapter I of this chapter

may be used for expenses (other than those provided for under

section 2397(a) of this title) to assist in carrying out functions

under part I of subchapter I of this chapter, under the

Agricultural Trade Development and Assistance Act of 1954, as

amended [7 U.S.C. 1691 et seq.], and under the Latin American

Development Act, as amended, performed by the agency primarily

responsible for administering subchapter I of this chapter or by

the Corporation established under subpart IV of part II of

subchapter I of this chapter with respect to loan activities which

it carries out under the provisions of the Agricultural Trade

Development and Assistance Act of 1954, as amended.

(g) Administrative, extraordinary, and operating expenses;

reimbursement of military officers; training of foreign military

personnel

Funds made available for the purposes of subchapter II of this

chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.]

shall be available for -

(1) administrative, extraordinary (not to exceed $300,000 in

any fiscal year), and operating expenses incurred in furnishing

defense articles, military education and training and defense

services on a grant or sales basis by the agency primarily

responsible for administering subchapter II of this chapter;

(2) reimbursement of actual expenses of military officers

detailed or assigned as tour directors in connection with

orientation visits of foreign military and related civilian

personnel, in accordance with provisions of section 5702 of title

5, applicable to civilian officers and employees; and

(3) maintenance, repair, alteration and furnishing of United

States-owned facilities in the District of Columbia or elsewhere

for the training of foreign military and related civilian

personnel, without regard to the provisions of section 12 of

title 41 or other provision of law requiring a specific

authorization or specific appropriation for such public

contracts.

(h) Recipient countries to contribute local currencies; utilization

of foreign currencies owned by United States

In carrying out programs under this chapter, the President shall

take all appropriate steps to assure that, to the maximum extent

possible, (1) countries receiving assistance under this chapter

contribute local currencies to meet the cost of contractual and

other services rendered in conjunction with such programs, and (2)

foreign currencies owned by the United States are utilized to meet

the costs of such contractual and other services.

(i) Financing motor vehicle transactions; waiver of domestic

manufacturing restriction

Notwithstanding section 2399a (!4) of this title or any other

provision of this chapter, none of the funds made available to

carry out this chapter shall be used to finance the purchase, sale,

long-term lease, exchange, or guaranty of a sale of motor vehicles

unless such motor vehicles are manufactured in the United States:

Provided, That where special circumstances exist the President is

authorized to waive the provisions of this section in order to

carry out the purposes of this chapter.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 636, Sept. 4, 1961, 75 Stat. 457;

Pub. L. 88-205, pt. III, Sec. 302(f), Dec. 16, 1963, 77 Stat. 389;

Pub. L. 89-171, pt. III, Sec. 302(h), Sept. 6, 1965, 79 Stat. 660;

Pub. L. 90-137, pt. III, Sec. 302(j)-(o), Nov. 14, 1967, 81 Stat.

461, 462; Pub. L. 90-554, pt. III, Sec. 302(d), Oct. 8, 1968, 82

Stat. 965; Pub. L. 91-175, pt. III, Sec. 306, Dec. 30, 1969, 83

Stat. 821; Pub. L. 94-329, title I, Sec. 106(b)(5), June 30, 1976,

90 Stat. 733; Pub. L. 95-424, title I, Sec. 102(g)(2)(H)-(J), title

V, Sec. 505, Oct. 6, 1978, 92 Stat. 943, 960; Pub. L. 99-83, title

XII, Sec. 1211(b)(1), Aug. 8, 1985, 99 Stat. 279; Pub. L. 99-234,

title I, Sec. 107(b), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 99-550,

Sec. 2(b), Oct. 27, 1986, 100 Stat. 3070; Pub. L. 100-202, Sec.

101(e) [title II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-131,

1329-141; Pub. L. 101-167, title III, Nov. 21, 1989, 103 Stat.

1214; Pub. L. 107-372, title II, Sec. 271(7), Dec. 19, 2002, 116

Stat. 3094.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) to (e), (h), and (i),

was in the original "this Act", meaning Pub. L. 87-195, Sept. 4,

1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act

of 1961. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to

in subsec. (a)(7), was repealed by Pub. L. 97-258, Sec. 5(b), Sept.

13, 1982, 96 Stat. 1068, the first section of which enacted Title

31, Money and Finance.

The Foreign Service Act of 1980, referred to in subsec. (a)(14),

is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which

is classified principally to chapter 52 (Sec. 3901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3901 of this title and

Tables.

Section 2385(d) of this title, referred to in subsec. (e), was

amended by Pub. L. 96-465, title II, Sec. 2203(a), Oct. 17, 1980,

94 Stat. 2158, and as so amended does not contain a par. (2).

Sections 1881 to 1888 of title 7, referred to in subsec. (e),

which related to the interchange of Department of Agriculture and

State employees, were repealed by Pub. L. 91-648, title IV, Sec.

403, Jan. 5, 1971, 84 Stat. 1925. See section 3371 et seq. of Title

5, Government Organization and Employees.

The Agricultural Trade Development and Assistance Act of 1954, as

amended, referred to in subsec. (f), is act July 10, 1954, ch. 469,

68 Stat. 454, as amended, which is classified principally to

chapter 41 (Sec. 1691 et seq.) of Title 7, Agriculture. For

complete classification of this Act to the Code, see Short Title

note set out under section 1691 of Title 7, and Tables.

The Latin American Development Act, as amended, referred to in

subsec. (f), is Pub. L. 86-735, Sept. 8, 1960, 74 Stat. 869, as

amended, which enacted sections 1942 to 1945 of this title and

amended section 1753a of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1942 of this title and Tables.

The Arms Export Control Act, referred to in subsec. (g), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2751 of this title and

Tables.

Section 2399a of this title, referred to in subsec. (i), was

repealed by Pub. L. 90-629, ch. 4, Sec. 45(a), Oct. 22, 1968, 82

Stat. 1327. See section 2753(a)(1) of this title.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE

SUCH PARTS

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293

References to part I of subchapter I of this chapter are deemed

to include a reference to section 2293 of this title. See section

2293(d)(1) of this title.

-COD-

CODIFICATION

In subsec. (a)(2), "section 1346(a) and (c) of title 31"

substituted for "section 9 of Public Law 60-328 (31 U.S.C. 673))"

on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(17). Pub. L. 107-372 struck out par. (17)

which read as follows: "expenses in connection with travel of

personnel outside the United States, including travel expenses of

dependents (including expenses during necessary stopovers while

engaged in such travel), and transportation of personal effects,

household goods, and automobiles of such personnel when any part of

such travel or transportation begins in one fiscal year pursuant to

travel orders issued in that fiscal year, notwithstanding the fact

that such travel or transportation may not be completed during the

same fiscal year, and cost of transporting automobiles to and from

a place of storage, and the cost of storing automobiles of such

personnel when it is in the public interest or more economical to

authorize storage."

1989 - Subsec. (g). Pub. L. 101-167 inserted "or the Arms Export

Control Act" after "subchapter II of this chapter" in introductory

provisions.

1987 - Subsec. (c). Pub. L. 100-202 substituted "$6,000,000" for

"$3,000,000".

1986 - Subsec. (a)(5). Pub. L. 99-550 struck out "(without regard

to the limitations contained in section 5 of Public Law 63-127, as

amended (31 U.S.C. 638a(c)(2)), and section 201 of Public Law

85-468 (31 U.S.C. 638c))" after "official use".

Subsec. (g)(2). Pub. L. 99-234 substituted "5702" for "5702(c)".

1985 - Subsec. (a)(14). Pub. L. 99-83 substituted reference to

Foreign Service Act of 1980 for reference to Foreign Service Act of

1946.

1978 - Subsec. (a)(5). Pub. L. 95-424, Sec. 505, substituted "the

current market price in the United States of a mid-sized sedan or

station wagon meeting the requirements established by the General

Services Administration for a Class III vehicle of United States

manufacture (or, if the replacement vehicle is a right hand drive

vehicle, 120 percent of that price)" for "$3,500".

Subsec. (c). Pub. L. 95-424, Sec. 102(g)(2)(H), struck out

"(other than subpart I of part II of subchapter I of this chapter)"

after "under this chapter" in two places.

Subsecs. (d), (e). Pub. L. 95-424, Sec. 102(g)(2)(I), struck out

"(other than subpart I of part II of subchapter I of this chapter)"

after "under this chapter".

Subsec. (f). Pub. L. 95-424, Sec. 102(g)(2)(J), substituted

"available under part I of subchapter I of this chapter" for

"section 2172 of this title", and "functions under part I" for

"functions under subpart I of part II".

1976 - Subsec. (g)(1). Pub. L. 94-329, Sec. 106(b)(5)(A),

inserted "military education and training" after "articles".

Subsec. (g)(2), (3). Pub. L. 94-329, Sec. 106(b)(5)(B),

substituted "and related civilian personnel" for "personnel".

1969 - Subsec. (f). Pub. L. 91-175 added Corporation established

under sections 2191 to 2200a of this title to the enumeration of

agencies administering programs.

1968 - Subsec. (g)(1). Pub. L. 90-554 required that when funds

are made available for operating expenses, such expenses be

incurred in furnishing defense articles and defense services on a

grant or sales basis by the agency primarily responsible for

administering subchapter II of this chapter.

1967 - Subsec. (a)(5). Pub. L. 90-137, Sec. 302(j), substituted

"section 638a(c)(2) and section 638c of title 31" for "section

78a(c)(2) and section 78a-1 of title 5".

Subsec. (a)(16). Pub. L. 90-137, Sec. 302(k), substituted

"Environmental Science Services Administration" for "Coast and

Geodetic Survey" in two places.

Subsec. (d). Pub. L. 90-137, Sec. 302(l), increased limitation on

funds available for education of dependents from $1,500,000 to

$2,500,000.

Subsec. (e). Pub. L. 90-137, Sec. 302(m), substituted reference

to section 5533 of title 5 for section 301 of the Dual Compensation

Act (5 U.S.C. 3105).

Subsec. (g)(2). Pub. L. 90-137, Sec. 302(n), substituted

reference to section 5702(c) of title 5 for former section 836 of

title 5.

Subsec. (i). Pub. L. 90-137, Sec. 302(o), added subsec. (i).

1965 - Subsec. (e). Pub. L. 89-171, Sec. 302(h)(1), substituted

"section 301 of the Dual Compensation Act (5 U.S.C. 3105)" for

"section 2 of the Act of July 31, 1894, as amended (5 U.S.C. 62)".

Subsec. (f). Pub. L. 89-171, Sec. 302(h)(2), substituted "Latin

American Development Act, as amended" for "Act to provide for

assistance in the development of Latin America and in the

reconstruction of Chile, and for other purposes".

1963 - Subsec. (h). Pub. L. 88-205 added subsec. (h).

-CHANGE-

CHANGE OF NAME

Commissioned Officer Corps of the Environmental Science Services

Administration changed to Commissioned Officer Corps of the

National Oceanic and Atmospheric Administration, see 1970 Reorg

Plan No. 4, Sec. 4(d), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090, set out in the Appendix to Title 5, Government Organization

and Employees.

-MISC3-

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-234 effective (1) on effective date of

regulations to be promulgated not later than 150 days after Jan. 2,

1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first,

see section 301(a) of Pub. L. 99-234, set out as a note under

section 5701 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2349b, 2360, 2396a, 2514,

4341 of this title; title 2 section 143a.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The semicolon probably should be a period.

(!3) See References in Text note below.

(!4) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2396a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2396a. Property Management Fund

-STATUTE-

(a) The proceeds of overseas property acquired by the Agency for

International Development under the authority of section 2396(c) of

this title may be deposited in a separate fund, which shall be

known as the Property Management Fund. Such proceeds shall be

available for use only for the purposes of section 2396(c) of this

title, and shall remain available until expended. The Administrator

of the Agency for International Development shall report all uses

of funds deposited into the Property Management Fund as part of the

annual Congressional Presentation materials submitted by the Agency

for International Development.

(b) The provisions of subsection (a) of this section shall be

applicable to property acquired prior to November 5, 1990, and at

any time thereafter.

-SOURCE-

(Pub. L. 101-513, title V, Sec. 585, Nov. 5, 1990, 104 Stat. 2047.)

-COD-

CODIFICATION

Section was enacted as part of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 1991, and not

as part of the Foreign Assistance Act of 1961 which comprises this

chapter.

-End-

-CITE-

22 USC Sec. 2397 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2397. Administrative expenses

-STATUTE-

(a) Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6, 1978,

92 Stat. 961.

(b) There is authorized to be appropriated such amounts as may be

necessary from time to time for administrative expenses which are

incurred for functions of the Department of State under this

chapter and unrepealed provisions of the Mutual Security Act of

1954, as amended, or for normal functions of the Department of

State which relate to such functions.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 637, Sept. 4, 1961, 75 Stat. 460;

Pub. L. 87-565, pt. III, Sec. 302(h), Aug. 1, 1962, 76 Stat. 262;

Pub. L. 88-205, pt. III, Sec. 302(g), Dec. 16, 1963, 77 Stat. 389;

Pub. L. 88-633, pt. III, Sec. 302(c), Oct. 7, 1964, 78 Stat. 1014;

Pub. L. 89-171, pt. III, Sec. 302(i), Sept. 6, 1965, 79 Stat. 661;

Pub. L. 89-583, pt. III, Sec. 302(e), Sept. 19, 1966, 80 Stat. 808;

Pub. L. 90-137, pt. III, Sec. 302(p), Nov. 14, 1967, 81 Stat. 462;

Pub. L. 90-554, pt. III, Sec. 302(e), Oct. 8, 1968, 82 Stat. 965;

Pub. L. 91-175, pt. III. Sec. 307, Dec. 30, 1969, 83 Stat. 821;

Pub. L. 92-226, pt. III, Sec. 303, Feb. 7, 1972, 86 Stat. 28; Pub.

L. 93-189, Sec. 18, Dec. 17, 1973, 87 Stat. 724; Pub. L. 95-424,

title VI, Sec. 604, Oct. 6, 1978, 92 Stat. 961.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

The Mutual Security Act of 1954, referred to in subsec. (b), is

act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts July

8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs. 2-11,

70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30,

1958, Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II, Secs. 201-205,

ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72 Stat. 261;

July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101, ch. II,

Secs. 201-205(a)-(i), (k)-(n), ch. III, Sec. 301, ch. IV, Sec.

401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472, ch. I

to V, 74 Stat. 134, which was principally classified to chapter 24

(Sec. 1750 et seq.) of this title and which was repealed by act

July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559, Pub. L. 85-141,

Secs. 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L.

86-108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24, 1959, 73

Stat. 250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k), May 14,

1960, 74 Stat. 138, Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept.

4, 1961, 75 Stat. 460, Pub. L. 94-329, title II, Sec. 212(b)(1),

June 30, 1976, 90 Stat. 745, Pub. L. 104-127, title II, Sec. 228,

Apr. 4, 1996, 110 Stat. 963, except for sections 1754, 1783, 1796,

1853, 1928, and 1937 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1754 of this title and Tables.

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-424 struck out subsec. (a) which

authorized appropriations for necessary administrative expenses of

the agency primarily responsible for administering subchapter I of

this chapter.

1973 - Subsec. (a). Pub. L. 93-189 substituted "for each of the

fiscal years 1974 and 1975, $45,000,000", for "for the fiscal year

1972, $50,000,000, and for the fiscal year 1973, $50,000,000".

1972 - Subsec. (a). Pub. L. 92-226 authorized appropriations of

$50,000,000 for fiscal years 1972 and 1973, and struck out

appropriation authorization of $51,125,000 for fiscal years 1970

and 1971.

1969 - Subsec. (a). Pub. L. 91-175 substituted "fiscal year 1970,

$51,125,000, and for the fiscal year 1971, $51,125,000" for "fiscal

year 1969, $53,000,000".

1968 - Subsec. (a). Pub. L. 90-554 substituted "1969" and

"$53,000,000" for "1968" and "$55,814,000", respectively, and

required a reduction in number of personnel, particularly

administrative personnel, to keep within reduced funds for fiscal

year 1969, excepting therefrom auditing or training activities.

1967 - Subsec. (a). Pub. L. 90-137 substituted "1968" and

"$55,814,000" for "1967" and "$55,813,500", respectively.

1966 - Subsec. (a). Pub. L. 89-583 substituted "1967" and

"$55,813,500" for "1966" and "54,240,000," respectively.

1965 - Subsec. (a). Pub. L. 89-171 substituted "1966" and

"$54,200,000" for "1965" and "$52,500,000", respectively.

1964 - Subsec. (a). Pub. L. 88-633 substituted "1965" and

"$52,500,000" for "1964" and "$54,000,000", respectively.

1963 - Subsec. (a). Pub. L. 88-205 substituted "1964" and

"$54,000,000" for "1963" and "$53,000,000", respectively.

1962 - Subsec. (a). Pub. L. 87-565, Sec. 302(h)(1), substituted

"1963" and "$53,000,000" for "1962" and "$50,000,000",

respectively.

Subsec. (b). Pub. L. 87-565, Sec. 302(h)(2), struck out "to the

Secretary of State" after "authorized to be appropriated."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2360, 2392, 2396, 2413 of

this title.

-End-

-CITE-

22 USC Sec. 2398 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2398. Assistance to countries pursuant to other statutes

-STATUTE-

(a) No provision of this chapter shall be construed to prohibit

assistance to any country pursuant to the Peace Corps Act, as

amended [22 U.S.C. 2501 et seq.]; the Mutual Educational and

Cultural Exchange Act of 1961, as amended [22 U.S.C. 2451 et seq.];

or the Export-Import Bank Act of 1945, as amended [12 U.S.C. 635 et

seq.].

(b) No provision of this chapter or any other provision of law

shall be construed to prohibit assistance for any training activity

which is funded under this chapter for Brazil or Argentina as long

as such country continues to have a democractically (!1) elected

government and the assistance is otherwise consistent with sections

2151n, 2304, 2370(f), 2371, and 2420 of this title.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 638, as added Pub. L. 88-205, pt.

III, Sec. 302(h), Dec. 16, 1963, 77 Stat. 389; amended Pub. L.

89-171, pt. III, Sec. 302(j), Sept. 6, 1965, 79 Stat. 661; Pub. L.

93-189, Sec. 19, Dec. 17, 1973, 87 Stat. 725; Pub. L. 100-202, Sec.

101(e) [title V, Sec. 588(a)], Dec. 22, 1987, 101 Stat. 1329-131,

1329-186.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

The Peace Corps Act, as amended, referred to in subsec. (a), is

Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2501 of this title and

Tables.

The Mutual Educational and Cultural Exchange Act of 1961, as

amended, referred to in subsec. (a), is Pub. L. 87-256, Sept. 21,

1961, 75 Stat. 527, as amended, which is classified principally to

chapter 33 (Sec. 2451 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2451 of this title and Tables.

The Export-Import Bank Act of 1945, as amended, referred to in

subsec. (a), is act July 31, 1945, ch. 341, 59 Stat. 526, as

amended, which is classified generally to chapter 6A (Sec. 635 et

seq.) of Title 12, Banks and Banking. For complete classification

of this Act to the Code, see Short Title note set out under section

635 of Title 12 and Tables.

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-202 designated existing provisions as subsec.

(a) and added subsec. (b).

1973 - Pub. L. 93-189 amended section catchline.

1965 - Pub. L. 89-171 struck out provisions which prohibited any

provision of this chapter from being construed to prohibit famine

or disaster relief, including such relief through voluntary

agencies, under sections 1721 to 1724 of title 7.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 101(e) [title V, Sec. 588(b)] of Pub. L. 100-202 provided

that: "The amendment made by subsection (a)(2) [amending this

section] does not apply with respect to funds appropriated prior to

the date of enactment of this Act [Dec. 22, 1987]."

-FOOTNOTE-

(!1) So in original. Probably should be "democratically".

-End-

-CITE-

22 USC Sec. 2399 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2399. Repealed. Pub. L. 94-161, title I, Sec. 101(6), Dec. 20,

1975, 89 Stat. 850

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 639, as added Pub. L.

80-171, pt. III, Sec. 302(k), Sept. 6, 1965, 79 Stat. 661; amended

Pub. L. 93-559, Sec. 28(a), Dec. 30, 1974, 88 Stat. 1803, provided

for famine or disaster relief, authorized appropriation of

$40,000,000 for fiscal year 1975, and required Presidential reports

to Committees of the Senate and Speaker of the House. See sections

2292 and 2292a of this title.

-End-

-CITE-

22 USC Secs. 2399-1a, 2399-1b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Secs. 2399-1a, 2399-1b. Transferred

-COD-

CODIFICATION

Section 2399-1a, Pub. L. 87-195, pt. 1, Sec. 494A, formerly pt.

III, Sec. 639A, as added Pub. L. 93-189, Sec. 20, Dec. 17, 1973, 87

Stat. 725; amended Pub. L. 93-333, Sec. 3, July 8, 1974, 88 Stat.

290 renumbered pt. 1, Sec. 494A, Pub. L. 94-161, title I, Sec.

101(5), Dec. 20, 1975, 89 Stat. 850, which related to famine and

disaster relief to drought stricken African nations, was

transferred to section 2292d of this title.

Section 2399-1b, Pub. L. 87-195, pt. I, Sec. 494B, formerly pt.

III, Sec. 639B, as added Pub. L. 93-189, Sec. 20, Dec. 13, 1973, 87

Stat. 725; renumbered pt. 1, Sec. 494B, and amended Pub. L. 94-161,

title I, Sec. 101(5), (7), Dec. 20, 1975, 89 Stat. 850, which

related to an African Development program, was transferred to

section 2292e of this title.

-End-

-CITE-

22 USC Sec. 2399a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2399a. Repealed. Pub. L. 90-629, ch. 4, Sec. 45(a), Oct. 22,

1968, 82 Stat. 1327

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 640, as added Pub. L.

89-171, pt. III, Sec. 302(k), Sept. 6, 1965, 79 Stat. 661; amended

Pub. L. 90-137, pt. III, Sec. 302(q), Nov. 14, 1967, 81 Stat. 462,

related to military sales. See section 2753(a)(1) of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1968, see section 41 of Pub. L. 90-629,

set out as an Effective Date note under section 2751 of this title.

SAVINGS PROVISION

Determinations, authorizations, regulations, orders, contracts,

agreements, and other actions issued, undertaken, or entered into

under authority of any provision of former section 2399a of this

title as continuing in full force and effect until modified by

appropriate authority, see section 46 of Pub. L. 90-629, set out as

a note under section 2341 of this title.

-End-

-CITE-

22 USC Sec. 2399b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2399b. False claims and ineligible commodities

-STATUTE-

(a) Penalties; costs

Any person who makes or causes to be made or presents or causes

to be presented to any bank or other financial institution or to

any officer, agent, or employee of any agency of the United States

Government a claim for payment from funds made available under this

chapter for the purposes of furnishing assistance and who knows the

claim to be false, fraudulent, or fictitious or to cover a

commodity or commodity-related service determined by the President

to be ineligible for payment from funds made available under this

chapter, or who uses to support his claim any certification,

statement, or entry on any contract, abstract, bill of lading,

Government or commercial invoice, or Government form, which he

knows, or in the exercise of prudent business management should

know, to contain false, fraudulent, or fictitious information, or

who uses or engages in any other fraudulent trick, scheme, or

device for the purpose of securing or obtaining, or aiding to

secure or obtain, for any person any benefit or payment from funds

so made available under this chapter in connection with the

negotiation, procurement, award, or performance of a contract

financed with funds so made available under this chapter, and any

person who enters into an agreement, combination, or conspiracy so

to do, (1) shall pay to the United States an amount equal to 25 per

centum of any amount thereby sought to be wrongfully secured or

obtained but not actually received, and (2) shall forfeit and

refund any payment, compensation, loan, commission, or advance

received as a result thereof, and (3) shall, in addition, pay to

the United States for each such act (A) the sum of $2,000 and

double the amount of any damage which the United States may have

sustained by reason thereof, or (B) an amount equal to 50 per

centum of any such payment, compensation, loan, commission, or

advance so received, whichever is the greater, together with the

costs of suit.

(b) Recovery of penalties; procedure; finality of withholding of

funds; recovery of withheld funds; limitation period

In order to secure recovery under this section, the President

may, as he deems appropriate, (1) institute suit in the United

States district court for any judicial district in which the person

alleged to have performed or participated in an act described by

this section may reside or may be found, and (2) upon posting by

registered mail to such person a notice of claim describing the

basis therefor and identifying the funds to be withheld, withhold

from funds owed by any agency of the United States Government to

such person an amount equal to the refund, damages, liquidated

damages, and exemplary damages claimed by the United States under

this section. Any such withholding of funds from any person shall

constitute a final determination of the rights and liabilities of

such person under this section with respect to the amount so

withheld, unless within one year of receiving the notice of claim

such person brings suit for recovery, which is hereby authorized,

against the United States in any United States district court.

(c) "Person" defined

For purposes of this section, the term "person" includes any

individual, corporation, partnership, association, or other legal

entity.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 640A, as added Pub. L. 90-554, pt.

III, Sec. 302(f), Oct. 8, 1968, 82 Stat. 965.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2399c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2399c. Coordination of policies and programs

-STATUTE-

(a) Development Coordination Committee established

The President shall establish a system for coordination of United

States policies and programs which affect United States interests

in the development of low-income countries. To that end, the

President shall establish a Development Coordination Committee

which shall advise him with respect to coordination of United

States policies and programs affecting the development of the

developing countries, including programs of bilateral and

multilateral development assistance. The Committee shall include

the head of the agency primarily responsible for administering

subchapter I of this chapter, Chairman, and representatives of the

Departments of State, Treasury, Commerce, Agriculture, Energy, and

Labor, the Executive Office of the President, and other executive

departments and agencies, as the President shall designate. The

Committee shall advise the President concerning the degree to which

bilateral and multilateral development assistance should focus on

critical problems in those functional sectors which affect the

lives of the majority of people in the developing countries: food

production; rural development and nutrition; population planning

and health; and education, public administration, and human

resource development.

(b) Procedures to assure coordination

The President shall prescribe appropriate procedures to assure

coordination among -

(1) the various departments and agencies of the United States

Government having representatives in diplomatic missions abroad;

and

(2) representatives of the United States Government in each

country, under the direction of the Chief of the United States

Diplomatic Mission.

The President shall keep the Congress advised of his actions under

this subsection.

(c) Guidance of Secretary of State

Programs authorized by this chapter shall be undertaken with the

foreign policy guidance of the Secretary of State.

(d) Repealed. Pub. L. 95-424, title V, Sec. 502(d)(1), Oct. 6,

1978, 92 Stat. 959

(e) Temporary assignment of employees

The head of any of the departments or agencies referred to in

subsection (a) of this section may temporarily assign, upon the

request of the Chairman, any employee from such department or

agency to the staff of the Committee.

(f) Studies

To carry out the purposes of subsection (a) of this section, the

Committee shall -

(1) prepare studies on various development problems;

(2) devise implementation strategies on developmental problems

appropriate to each such department or agency;

(3) monitor and evaluate the results of the development

activities of each such department or agency; and

(4) arrange for the exchange of information and studies between

such agencies and departments.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 640B, as added Pub. L. 93-189, Sec.

21, Dec. 17, 1973, 87 Stat. 725; amended Pub. L. 95-88, title I,

Sec. 127, Aug. 3, 1977, 91 Stat. 542; Pub. L. 95-424, title V, Sec.

502(d), Oct. 6, 1978, 92 Stat. 959; Pub. L. 96-53, title I, Sec.

118, Aug. 14, 1979, 93 Stat. 365; Pub. L. 97-113, title VII, Sec.

734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

AMENDMENTS

1981 - Subsec. (g). Pub. L. 97-113 struck our subsec. (g) which

required annual reports to Congress by the Chairman of the

Development Coordination Committee on the activities of the

Committee respecting aid to low-income countries. See section

2394(a) of this title.

1979 - Subsec. (a). Pub. L. 96-53 inserted reference to

Department of Energy.

1978 - Subsec. (d). Pub. L. 95-424, Sec. 502(d)(1), struck out

subsec. (d) relating to annual reports to Congress by the President

on United States actions affecting the development of less

developed countries.

Subsec. (g). Pub. L. 95-424, Sec. 502(d)(2), substituted "section

2394 of this title, the Chairman of the Committee" for "subsection

(d) of this section, the President".

1977 - Subsec. (a). Pub. L. 95-88, Sec. 127(a), provided that the

Committee advise the President concerning the degree to which

bilateral and multilateral development assistance should focus on

critical problems in those functional sectors which affect the

lives of the majority of people in the developing countries: food

production; rural development and nutrition; population planning

and health; and education, public administration, and human

resource development.

Subsec. (d). Pub. L. 95-88, Sec. 127(b), substituted "less

developed countries" for "low-income countries" in the description

of the subject matter of the Presidential reports to Congress,

designated existing provisions setting out the subject matter of

the reports as cl. (2)(A), and added cls. (1) and (2)(B).

Subsecs. (e) to (g). Pub. L. 95-88, Sec. 127(c), added subsecs.

(e) to (g).

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2394 of this title.

-End-

-CITE-

22 USC Sec. 2399d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part II - Administrative Provisions

-HEAD-

Sec. 2399d. Shipping differential

-STATUTE-

For the purpose of facilitating implementation of section 1241(b)

of title 46, Appendix, funds made available for the purposes of

part I of subchapter I of this chapter or for purposes of part IV

of subchapter II of this chapter may be used to make grants to

recipients to pay all or any portion of such differential as is

determined by the Secretary of Commerce to exist between United

States and foreign-flag vessel charter or freight rates. Grants

made under this section shall be paid with United States-owned

foreign currencies wherever feasible.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 640C, as added Pub. L. 93-189, Sec.

21, Dec. 17, 1973, 87 Stat. 726; amended Pub. L. 96-533, title VII,

Sec. 708, Dec. 16, 1980, 94 Stat. 3159.)

-MISC1-

REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293

References to part I of subchapter I of this chapter are deemed

to include a reference to section 2293 of this title. See section

2293(d)(1) of this title.

AMENDMENTS

1980 - Pub. L. 96-533 substituted "part IV of subchapter II of

this chapter" for "subchapter IV of this chapter".

-End-

-CITE-

22 USC Part III - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

PART III - MISCELLANEOUS PROVISIONS

-End-

-CITE-

22 USC Sec. 2401 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2401. Effective date; identification of programs

-STATUTE-

This chapter shall take effect on September 4, 1961. Programs

under this chapter shall be identified appropriately overseas as

"American Aid".

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 641, Sept. 4, 1961, 75 Stat. 460.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-End-

-CITE-

22 USC Sec. 2402 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2402. Saving provisions

-STATUTE-

(a) Determinations, authorizations, regulations, orders, contracts,

agreements, etc., under prior law

Except as may be expressly provided to the contrary in this

chapter, all determinations, authorizations, regulations, orders,

contracts, agreements, and other actions issued, undertaken, or

entered into under authority of any provision of law repealed by

section 642(a) and the Foreign Assistance Act of 1969 shall

continue in full force and effect until modified by appropriate

authority.

(b) Compliance with similar provisions of prior law as compliance

with this chapter

Wherever provisions of this chapter establish conditions which

must be complied with before use may be made of authority contained

in, or funds authorized by, this chapter, compliance with, or

satisfaction of, substantially similar conditions under Acts listed

in section 642(a) and the Foreign Assistance Act of 1969 or Acts

repealed by those Acts shall be deemed to constitute compliance

with the conditions established by this chapter.

(c) Continued availability of funds appropriated pursuant to prior

law

Funds made available pursuant to provisions of law repealed by

section 642(a)(2) and the Foreign Assistance Act of 1969 shall,

unless otherwise authorized or provided by law, remain available

for their original purposes in accordance with the provisions of

law originally applicable thereto, or in accordance with the

provisions of law currently applicable to those purposes.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 643, Sept. 4, 1961, 75 Stat. 460;

Pub. L. 87-565, pt. III, Sec. 303(a), Aug. 1, 1962, 76 Stat. 263;

Pub. L. 91-175, pt. III, Sec. 308, Dec. 30, 1969, 83 Stat. 821.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b), was in the

original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75

Stat. 424, as amended, known as the Foreign Assistance Act of 1961.

For complete classification of this Act to the Code, see Short

Title note set out under section 2151 of this title and Tables.

Section 642(a), referred to in text, means section 642(a) of Pub.

L. 87-195, which is set out as a note under section 2151 of this

title.

The Foreign Assistance Act of 1969, referred to in subsecs. (a)

to (c), is Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805, as amended.

For complete classification of this Act to the Code, see Short

Title note set out under section 2151 of this title and Tables.

-MISC1-

AMENDMENTS

1969 - Subsec. (a). Pub. L. 91-175 inserted "and Foreign

Assistance Act of 1969" after "section 642(a)," and "section

642(a)(2)".

1962 - Subsec. (d). Pub. L. 87-565 repealed subsec. (d) which

provided that nothing in the chapter was to affect the Peace Corps

pending enactment of the Peace Corps Act or adjournment of the

first session of the 87th Congress, whichever was earlier.

-End-

-CITE-

22 USC Sec. 2403 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2403. Definitions

-STATUTE-

As used in this chapter -

(a) "Agency of the United States Government" includes any agency,

department, board, wholly or partly owned corporation,

instrumentality, commission, or establishment of the United States

Government.

(b) "Armed Forces" of the United States means the Army, Navy, Air

Force, Marine Corps, and Coast Guard.

(c) "Commodity" includes any material, article, supply, goods, or

equipment used for the purposes of furnishing nonmilitary

assistance.

(d) "Defense article" includes -

(1) any weapon, weapons system, munition, aircraft, vessel,

boat or other implement of war;

(2) any property, installation, commodity, material, equipment,

supply, or goods used for the purposes of furnishing military

assistance;

(3) any machinery, facility, tool, material supply, or other

item necessary for the manufacture, production, processing

repair, servicing, storage, construction, transportation,

operation, or use of any article listed in this subsection; or

(4) any component or part of any article listed in this

subsection; but

shall not include merchant vessels or, as defined by the Atomic

Energy Act of 1954, as amended (42 U.S.C. 2011), source material

(except uranium depleted in the isotope 235 which is incorporated

in defense articles solely to take advantage of high density or

pyrophoric characteristics unrelated to radioactivity), by-product

material, special nuclear material, production facilities,

utilization facilities, or atomic weapons or articles involving

Restricted Data.

(e) "Defense information" includes any document, writing, sketch,

photograph, plan, model, specification, design, prototype, or other

recorded or oral information relating to any defense article or

defense service, but shall not include Restricted Data as defined

by the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et

seq.], and data removed from the Restricted Data category under

section 142d of that Act [42 U.S.C. 2162(d)].

(f) "Defense service" includes any service, test, inspection,

repair, publication, or technical or other assistance or defense

information used for the purposes of furnishing military

assistance, but does not include military educational and training

activities under part V of subchapter II of this chapter.

(g) "Excess defense articles" means the quantity of defense

articles (other than construction equipment, including tractors,

scrapers, loaders, graders, bulldozers, dump trucks, generators,

and compressors) owned by the United States Government, and not

procured in anticipation of military assistance or sales

requirements, or pursuant to a military assistance or sales order,

which is in excess of the Approved Force Acquisition Objective and

Approved Force Retention Stock of all Department of Defense

Components at the time such articles are dropped from inventory by

the supplying agency for delivery to countries or international

organizations under this chapter.

(h) "Function" includes any duty, obligation, power, authority,

responsibility, right, privilege, discretion, or activity.

(i) Repealed. Pub. L. 93-189, Sec. 22(2), Dec. 17, 1973, 87 Stat.

726.

(j) "Officer or employee" means civilian personnel and members of

the Armed Forces of the United States Government.

(k) "Services" include any service, repair, training of

personnel, or technical or other assistance or information used for

the purposes of furnishing nonmilitary assistance.

(l) "Surplus agricultural commodity" means any agricultural

commodity or product thereof, class, kind, type, or other

specification thereof, produced in the United States, either

publicly or privately owned, which is in excess of domestic

requirements, adequate carryover, and anticipated exports for

United States dollars, as determined by the Secretary of

Agriculture.

(m) "Value" means -

(1) with respect to an excess defense article, the actual value

of the article plus the gross cost incurred by the United States

Government in repairing, rehabilitating, or modifying the

article, except that for purposes of section 2392(d) of this

title such actual value shall not be taken into account;

(2) with respect to a nonexcess defense article delivered from

inventory to foreign countries or international organizations

under this chapter, the acquisition cost to the United States

Government, adjusted as appropriate for condition and market

value;

(3) with respect to a nonexcess defense article delivered from

new procurement to foreign countries or international

organizations under this chapter, the contract or production

costs of such article;

(4) with respect to a defense service, the cost to the United

States Government of such service; and

(5) with respect to military education and training or services

provided under part VIII of subchapter II of this chapter, the

additional costs that are incurred by the United States

Government in furnishing such assistance.

(n) "Military education and training" includes formal or informal

instruction of foreign students in the United States or overseas by

officers or employees of the United States, contract technicians,

contractors (including instruction at civilian institutions), or by

correspondence courses, technical, educational, or information

publications and media of all kinds, training aids, orientation,

and military advice to foreign military units and forces.

(o) "Agriculture" includes aquaculture and fisheries.

(p) "Farmers" includes fishermen and other persons employed in

cultivating and harvesting food resources from salt and fresh

waters.

(q) "Major non-NATO ally" means a country which is designated in

accordance with section 2321k of this title as a major non-NATO

ally for purposes of this chapter and the Arms Export Control Act

(22 U.S.C. 2751 et seq.).

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 644, Sept. 4, 1961, 75 Stat. 461;

Pub. L. 87-565, pt. III, Sec. 303(b), Aug. 1, 1962, 76 Stat. 263;

Pub. L. 88-205, pt. III, Sec. 303, Dec. 16, 1963, 77 Stat. 389;

Pub. L. 89-171, pt. III, Sec. 303(b), Sept. 6, 1965, 79 Stat. 661;

Pub. L. 90-137, pt. III, Sec. 303(a), Nov. 14, 1967, 81 Stat. 462;

Pub. L. 90-629, ch. 4, Sec. 45(b)(5), Oct. 22, 1968, 82 Stat. 1327;

Pub. L. 92-226, pt. III, Sec. 304(c)(1), Feb. 7, 1972, 86 Stat. 32;

Pub. L. 93-189, Sec. 22, Dec. 17, 1973, 87 Stat. 726; Pub. L.

94-329, title I, Sec. 106(b)(6), June 30, 1976, 90 Stat. 733; Pub.

L. 95-424, title I, Sec. 103(b), Oct. 6, 1978, 92 Stat. 944; Pub.

L. 96-92, Sec. 22, Oct. 29, 1979, 93 Stat. 710; Pub. L. 96-533,

title I, Sec. 115(b)(1), Dec. 16, 1980, 94 Stat. 3140; Pub. L.

98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; Pub. L.

102-583, Sec. 9(b), Nov. 2, 1992, 106 Stat. 4934; Pub. L. 104-164,

title I, Sec. 147(a)(2), July 21, 1996, 110 Stat. 1435.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

The Atomic Energy Act of 1954, as amended, referred to in

subsecs. (d) and (e), is act Aug. 1, 1946, ch. 724, as added by act

Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which

is classified principally to chapter 23 (Sec. 2011 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of Title 42 and Tables.

The Arms Export Control Act, referred to in subsec. (q), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2751 of this title and

Tables.

-COD-

CODIFICATION

The 1983 amendment by Pub. L. 98-151 is based on section 202(b)

of H.R. 2992, Ninety-eighth Congress, 1st Session, as reported May

17, 1983, which was enacted into permanent law by Pub. L. 98-151.

-MISC1-

AMENDMENTS

1996 - Subsec. (q). Pub. L. 104-164 added subsec. (q).

1992 - Subsec. (g). Pub. L. 102-583 inserted "(other than

construction equipment, including tractors, scrapers, loaders,

graders, bulldozers, dump trucks, generators, and compressors)"

after second reference to "articles".

1983 - Subsec. (m)(5). Pub. L. 98-151 inserted "or services

provided under part VIII of subchapter II of this chapter".

1980 - Subsec. (m)(5). Pub. L. 96-533 added par. (5).

1979 - Subsec. (d). Pub. L. 96-92 defined "defense article" to

include uranium depleted in the isotope 235 which is incorporated

in defense articles solely to take advantage of high density or

pyrophoric characteristics unrelated to radioactivity.

1978 - Subsecs. (o), (p). Pub. L. 95-424 added subsecs. (o) and

(p).

1976 - Subsec. (f). Pub. L. 94-329, Sec. 106(b)(6)(A), struck out

"training" after "inspection, repair", inserted "but does not

include military educational and training activities under part V

of subchapter II", and struck out definition of "Training".

Subsec. (n). Pub. L. 94-329, Sec. 106(b)(6)(B), added subsec.

(n).

1973 - Subsec. (g). Pub. L. 93-189, Sec. 22(1), substituted

"Approved Force Acquisition Objective and Approved Force Retention

Stock of all Department of Defense Components" for "mobilization

reserve".

Subsec. (i). Pub. L. 93-189, Sec. 22(2), struck out subsec. (i)

which defined "mobilization reserve".

Subsec. (m). Pub. L. 93-189, Sec. 22(3), amended subsec. (m)

generally. Prior to amendment, subsec. (m) read as follows: "

'Value' means, other than in section 2417 of this title -

"(1) with respect to excess defense articles, the gross cost

incurred by the United States Government in repairing,

rehabilitating, or modifying such articles;

"(2) with respect to nonexcess defense articles delivered from

inventory to countries or international organizations under this

chapter, the standard price in effect at the time such articles

are dropped from inventory by the supplying agency. Such standard

price shall be the same price (including authorized reduced

prices) used for transfers or sales of such articles in or

between the Armed Forces of the United States Government, or,

where such articles are not transferred or sold in or between the

Armed Forces of the United States, the gross cost to the United

States Government adjusted as appropriate for condition and

market value; and

"(3) with respect to nonexcess defense articles delivered from

new procurement to countries or international organizations under

this chapter, the contract or production costs of such articles.

Military assistance programs and orders shall be based upon the

best estimates of stock status and prevailing prices;

reimbursements to the supplying agency shall be made on the basis

of the stock status and prices determined pursuant to this section.

Notwithstanding the foregoing provisions of this section, the

Secretary of Defense may prescribe regulations authorizing

reimbursements to the supplying agency based on negotiated prices

for aircraft, vessels, plant equipment, and such other major items

as he may specify: Provided, That such articles are not excess at

the time such prices are negotiated: Provided further, That such

prices are negotiated at the time firm orders are placed with the

supplying agency."

1972 - Subsec. (m). Pub. L. 92-226 substituted " 'Value' means,

other than in section 2417 of this title" for " 'Value' means".

1968 - Subsec. (m). Pub. L. 90-629 struck out "and sales" before

"programs" in text following par. (3).

1967 - Subsec. (d). Pub. L. 90-137, Sec. 303(a)(1), excluded

production facilities, utilization facilities, and articles

involving Restricted Data from definition of "defense articles".

Subsec. (e). Pub. L. 90-137, Sec. 303(a)(2), struck out "and

formerly Restricted Data" before "as defined" and excluded data

removed from the Restricted Data category under section 142d of the

Atomic Energy Act of 1954 (classified to section 2162(d) of Title

42) from definition of "defense information".

Subsec. (f). Pub. L. 90-137, Sec. 303(a)(3), excluded the

transfer of limited quantities of defense articles for test,

evaluation, or standardization purposes from definition of "defense

service" and defined "training", incorporating existing references

to orientation and training aid.

1965 - Subsec. (g). Pub. L. 89-171, Sec. 303(b)(1), inserted "and

not procured in anticipation of military assistance or sales

requirements, or pursuant to a military assistance or sales order",

and struck out "as grant assistance" after "international

organizations".

Subsec. (m). Pub. L. 89-171, Sec. 303(b)(2), (3), in par. (2)

substituted "Such standard price shall be the same price (including

authorized reduced prices)" for "Such price shall be the same

standard price", and in unnumbered par. after par. (3) substituted

"Military Assistance and sales programs" for "Military assistance

programs" and struck out "by the military assistance program" after

"supplying agency".

1963 - Subsec. (f). Pub. L. 88-205 inserted "including

orientation".

1962 - Subsec. (m)(2), (3). Pub. L. 87-565 struck out "as grant

assistance" after "international organizations".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-226 applicable with respect to each

fiscal year commencing on or after July 1, 1971, see section

304(c)(3) of Pub. L. 92-226, set out as a note under section 2394

of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-629 effective on July 1, 1968, see

section 41 of Pub. L. 90-629, set out as an Effective Date note

under section 2751 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2321c, 2349aa-2, 2378a,

2392, 2794, 2795, 7532, 7534 of this title.

-End-

-CITE-

22 USC Sec. 2404 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2404. Unexpended balances

-STATUTE-

Unexpended balances of funds made available pursuant to this

chapter, the Mutual Security Act of 1954, as amended, or the Latin

American Development Act, as amended, are hereby authorized to be

continued available for the general purposes for which

appropriated, and may at any time be consolidated, and, in

addition, may be consolidated with appropriations made available

for the same general purposes under the authority of this chapter.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 645, Sept. 4, 1961, 75 Stat. 462;

Pub. L. 87-565, pt. III, Sec. 303(c), Aug. 1, 1962, 76 Stat. 263;

Pub. L. 88-205, pt. III, Sec. 304, Dec. 16, 1963, 77 Stat. 390;

Pub. L. 89-171, pt. III, Sec. 303(c), Sept. 6, 1965, 79 Stat. 661.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

The Mutual Security Act of 1954, referred to in text, is act Aug.

26, 1954, ch. 937, 68 Stat. 832, as amended by acts July 8, 1955,

ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs. 2-11, 70 Stat.

555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30, 1958,

Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II, Secs. 201-205, ch.

III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72 Stat. 261;

July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101, ch. II,

Secs. 201-205(a)-(i), (k)-(n), ch. III, Sec. 301, ch. IV, Sec.

401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472, ch. I

to V, 74 Stat. 134, which was principally classified to chapter 24

(Sec. 1750 et seq.) of this title and which was repealed by act

July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559, Pub. L. 85-141,

Secs. 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L.

86-108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24, 1959, 73

Stat. 250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k), May 14,

1960, 74 Stat. 138, Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept.

4, 1961, 75 Stat. 460, Pub. L. 94-329, title II, Sec. 212(b)(1),

June 30, 1976, 90 Stat. 745, Pub. L. 104-127, title II, Sec. 228,

Apr. 4, 1996, 110 Stat. 963, except for sections 1754, 1783, 1796,

1853, 1928, and 1937 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1754 of this title and Tables.

The Latin American Development Act, as amended, referred to in

text, is Pub. L. 86-735, Sept. 8, 1960, 74 Stat. 869, as amended,

which enacted sections 1942 to 1945 of this title and amended

section 1753a of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 1942 of

this title and Tables.

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-171 substituted "the Latin American Development

Act, as amended" for "Public Law 86-735".

1963 - Pub. L. 88-205 included balances of funds made available

under Public Law 86-735.

1962 - Pub. L. 87-565 inserted "this chapter" after "pursuant

to".

-End-

-CITE-

22 USC Sec. 2405 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2405. Separability

-STATUTE-

If any provision of this chapter or the application of any

provision to any circumstances or persons shall be held invalid,

the validity of the remainder of this chapter, and of the

applicability of such provision to other circumstances or persons

shall not be affected thereby.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 646, Sept. 4, 1961, 75 Stat. 462.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-End-

-CITE-

22 USC Sec. 2406 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2406. Development programs for dependable fuel supplies

-STATUTE-

It is of paramount importance that long-range economic plans take

cognizance of the need for a dependable supply of fuels, which is

necessary to orderly and stable development and growth, and that

dependence not be placed upon sources which are inherently hostile

to free countries and the ultimate well-being of economically

underdeveloped countries and which might exploit such dependence

for ultimate political domination. The agencies of government in

the United States are directed to work with other countries in

developing plans for basing development programs on the use of the

large and stable supply of relatively low cost fuels available in

the free world.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 647, Sept. 4, 1961, 75 Stat. 462.)

-MISC1-

PROHIBITION ON ASSISTANCE FOR NUCLEAR POWERPLANTS FOR FISCAL YEAR

1978

Pub. L. 95-92, Sec. 14, Aug. 4, 1977, 91 Stat. 622, which

prohibited any funds made available to carry out this chapter for

fiscal year 1978 from being used to finance the construction of,

the operation or maintenance of, or the supply of fuel for any

nuclear powerplant under an agreement of cooperation between the

United States and any other country, was repealed by Pub. L.

97-113, title VII, Sec. 734(a)(13), Dec. 29, 1981, 95 Stat. 1560.

NUCLEAR POWERPLANTS IN ISRAEL OR EGYPT

Pub. L. 93-559, Sec. 43, Dec. 30, 1974, 88 Stat. 1813, which

prohibited any funds authorized under Pub. L. 93-559 from being

used to finance the construction of, the operation or maintenance

of, or the supply of fuel for any nuclear powerplant in Israel or

Egypt, was repealed by Pub. L. 97-113, title VII, Sec. 734(a)(8),

Dec. 29, 1981, 95 Stat. 1560.

-End-

-CITE-

22 USC Sec. 2407 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2407. Special authorization for use of foreign currencies

-STATUTE-

Subject to the provisions of section 1306 of title 31, the

President is authorized, as a demonstration of good will on the

part of the people of the United States for the Polish and Italian

people, to use foreign currencies accruing to the United States

Government under this chapter or any other Act, for assistance on

such terms and conditions as he may specify, in the repair,

rehabilitation, improvement, and maintenance of cemeteries in Italy

serving as the burial place of members of the armed forces of

Poland who died in combat in Italy during World War II.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 648, as added Pub. L. 88-633, pt.

III, Sec. 303, Oct. 7, 1964, 78 Stat. 1014.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-COD-

CODIFICATION

"Section 1306 of title 31" substituted in text for "section 1415

of the Supplemental Appropriation Act, 1953, [31 U.S.C. 724]" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2408 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2408. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,

1978, 92 Stat. 961

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 649, as added Pub. L.

89-171, pt. III, Sec. 303(d), Sept. 6, 1965, 79 Stat. 661, related

to aggregate of total amounts authorized to be appropriated under

this chapter.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2409 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2409. Use of United States Armed Forces

-STATUTE-

The furnishing of economic, military, or other assistance under

this chapter shall not be construed as creating a new commitment or

as affecting any existing commitment to use Armed Forces of the

United States for the defense of any foreign country.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 650, as added Pub. L. 90-137, pt.

III, Sec. 303(b), Nov. 14, 1967, 81 Stat. 462.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-End-

-CITE-

22 USC Sec. 2410 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2410. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,

1978, 92 Stat. 961

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 651, as added Pub. L.

90-554, pt. III, Sec. 303, Oct. 8, 1968, 82 Stat. 966, related to

sale of supersonic planes to Israel.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2410a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2410a. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(15),

Dec. 29, 1981, 95 Stat. 1560

-MISC1-

Section, Pub. L. 91-672, Sec. 7, Jan. 12, 1971, 84 Stat. 2054,

restricted sale, grant, loan, or transfer of International Fighter

aircraft to any foreign country, or agency thereof, other than

South Vietnam.

-End-

-CITE-

22 USC Sec. 2411 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2411. Limitation upon exercise of special authorities

-STATUTE-

The President shall not exercise any special authority granted to

him under section 2318(a), 2348a(c)(2), or 2360(a) of this title

unless the President, before he intends to exercise any such

authority, notifies the Speaker of the House of Representatives and

the Committee on Foreign Relations of the Senate in writing of each

such intended exercise, the section of this chapter under which

such authority is to be exercised, and the justification for, and

the extent of, the exercise of such authority.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 652, as added Pub. L. 91-652, Sec.

8, Jan. 5, 1971, 84 Stat. 1943; amended Pub. L. 92-226, pt. III,

Sec. 304(a)(1), Feb. 7, 1972, 86 Stat. 28; Pub. L. 96-533, title I,

Sec. 117(b), Dec. 16, 1980, 94 Stat. 3141; Pub. L. 99-83, title I,

Sec. 105(b)(2), Aug. 8, 1985, 99 Stat. 196; Pub. L. 104-164, title

I, Sec. 103(c), July 21, 1996, 110 Stat. 1424.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-164 substituted "before he intends" for "prior

to the date he intends".

1985 - Pub. L. 99-83 inserted reference to section 2348a(c)(2) of

this title.

1980 - Pub. L. 96-533 struck out reference to section 2364(a) of

this title.

1972 - Pub. L. 92-226 struck out provision which limited exercise

of special authority for purpose of providing additional assistance

to Cambodia and which required thirty days notice to congressional

committee (ten days in emergencies requiring immediate assistance)

of intention to exercise such authority.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC2-

FUNDS NOT TO BE USED TO FINANCE INTRODUCTION OF UNITED STATES

GROUND COMBAT TROOPS INTO CAMBODIA OR PROVIDE ADVISERS FOR SECURITY

OR INTELLIGENCE FORCES IN CAMBODIA; ASSISTANCE TO CAMBODIA NOT TO

BE CONSTRUED AS COMMITMENT BY UNITED STATES TO CAMBODIA FOR ITS

DEFENSE

Section 7 of Pub. L. 91-652, as amended by Pub. L. 92-226, pt.

IV, Sec. 408, Feb. 7, 1972, 86 Stat. 35, provided that:

"(a) In line with the expressed intention of the President of the

United States, none of the funds authorized or appropriated

pursuant to this or any other Act may be used to finance the

introduction of United States ground combat troops into Cambodia,

or to provide United States advisers to or for military,

paramilitary, police, or other security or intelligence forces in

Cambodia.

"(b) Military and economic assistance provided by the United

States to Cambodia and authorized or appropriated pursuant to this

or any other Act shall not be construed as a commitment by the

United States to Cambodia for its defense."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2318 of this title.

-End-

-CITE-

22 USC Sec. 2412 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2412. Limitation on foreign assistance appropriations

-STATUTE-

(a) Restrictions on appropriations in absence of or in excess of

prior authorizations

Notwithstanding any provision of law enacted before January 12,

1971, no money appropriated for foreign assistance (including

foreign military sales) shall be available for obligation or

expenditure -

(1) unless the appropriation thereof has been previously

authorized by law; or

(2) in excess of an amount previously prescribed by law.

(b) Exception

To the extent that legislation enacted after the making of an

appropriation for foreign assistance (including foreign military

sales) authorizes the obligation or expenditure thereof, the

limitation contained in subsection (a) of this section shall have

no effect.

(c) Specific repeal or modification of section

The provisions of this section shall not be superseded except by

a provision of law enacted after January 12, 1971, which

specifically repeals or modifies the provisions of this section.

-SOURCE-

(Pub. L. 91-672, Sec. 10, Jan. 12, 1971, 84 Stat. 2055.)

-COD-

CODIFICATION

Section was not enacted as part of Pub. L. 87-195, Sept. 4, 1961,

75 Stat. 424, known as the Foreign Assistance Act of 1961, which

comprises this chapter.

-End-

-CITE-

22 USC Sec. 2413 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2413. Changes in allocation of foreign assistance

-STATUTE-

(a) Notification by President to foreign country

Not later than thirty days after the enactment of any law

appropriating funds to carry out any provision of this chapter

(other than section 2261 or 2397 of this title) or the Arms Export

Control Act [22 U.S.C. 2751 et seq.], the President shall notify

the Congress of each foreign country and international organization

to which the United States Government intends to provide any

portion of the funds under such law and of the amount of funds

under that law, by category of assistance, that the United States

Government intends to provide to each.

(b) Application of provisions to continuing appropriations; waiver

of provisions

The provisions of this section shall not apply in the case of any

law making continuing appropriations and may not be waived under

the provisions of section 2364(a) of this title.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 653, as added Pub. L. 92-226, pt.

III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 28; amended Pub. L.

93-559, Sec. 21, Dec. 30, 1974, 88 Stat. 1801; Pub. L. 95-384,

Secs. 10(b)(3), 12(c)(2), Sept. 26, 1978, 92 Stat. 735, 737; Pub.

L. 99-83, title XII, Sec. 1209(b), Aug. 8, 1985, 99 Stat. 279.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

The Arms Export Control Act, referred to in subsec. (a), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2751 of this title and

Tables.

-MISC1-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-83, Sec. 1209(b)(1), inserted

reference to the Arms Export Control Act.

Subsecs. (b), (c). Pub. L. 99-83, Sec. 1209(b)(2), (3),

redesignated subsec. (c) as (b). Former subsec. (b), relating to

report to Congress prior to grant of assistance with excess funds,

was struck out.

1978 - Subsec. (b). Pub. L. 95-384 substituted in provisions

preceding par. (1) in two places and in par. (2) "assistance under

part IV of subchapter II of this chapter" for "security supporting

assistance" and in provisions preceding par. (1) in two places

"part VI of subchapter II" for "subchapter IV" and inserted in par.

(2) "or assistance under part VI of subchapter II of this chapter"

before ", the President includes".

1974 - Subsec. (a). Pub. L. 93-559, Sec. 21(1), struck out

provisions limiting the military grant assistance or security

supporting assistance to any foreign country or international

organization to an amount not more than 10 percent of funds

authorized under any law unless the President determines that it

would be in the security interests of the United States to provide

excess funds and reports to Congress the identity of the recipient,

the amount of excess funds provided, and the justification for

additional assistance. See subsec. (b) of this section.

Subsecs. (b), (c). Pub. L. 93-559, Sec. 21(2), added subsec. (b)

and redesignated former subsec. (b) as (c).

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2291j, 2360, 2394-1 of

this title.

-End-

-CITE-

22 USC Sec. 2414 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2414. Presidential findings and determinations

-STATUTE-

(a) Report to Congress

In any case in which the President is required to make a report

to the Congress, or to any committee or officer of either House of

Congress, concerning any finding or determination under any

provision of this chapter, the Foreign Military Sales Act [22

U.S.C. 2751 et seq.], or the Foreign Assistance and Related

Programs Appropriation Act for each fiscal year, that finding or

determination shall be reduced to writing and signed by the

President.

(b) Action prohibition prior to execution of report

No action shall be taken pursuant to any such finding or

determination prior to the date on which that finding or

determination has been reduced to writing and signed by the

President.

(c) Publication in Federal Register

Each such finding or determination shall be published in the

Federal Register as soon as practicable after it has been reduced

to writing and signed by the President. In any case in which the

President concludes that such publication would be harmful to the

national security of the United States, only a statement that a

determination or finding has been made by the President, including

the name and section of the Act under which it was made, shall be

published.

(d) Information accessible to Congress prior to transmission of

report

No committee or officer of either House of Congress shall be

denied any requested information relating to any finding or

determination which the President is required to report to the

Congress, or to any committee or officer of either House of

Congress, under any provision of this chapter, the Foreign Military

Sales Act [22 U.S.C. 2751 et seq.], or the Foreign Assistance and

Related Programs Appropriation Act for each fiscal year, even

though such report has not yet been transmitted to the appropriate

committee or officer of either House of Congress.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 654, as added Pub. L. 92-226, pt.

III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 29.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (d), was in the

original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75

Stat. 424, as amended, known as the Foreign Assistance Act of 1961.

For complete classification of this Act to the Code, see Short

Title note set out under section 2151 of this title and Tables.

The Foreign Military Sales Act, referred to in subsecs. (a) and

(d), is Pub. L. 90-629, ch. 1, Oct. 22, 1968, 82 Stat. 1320, as

amended, known as the Arms Export Control Act, on authority of

section 201(b) of Pub. L. 94-329, title II, June 30, 1976, 90 Stat.

734, and is classified principally to chapter 39 (Sec. 2751 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 2751 of this title

and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6448 of this title.

-End-

-CITE-

22 USC Sec. 2414a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2414a. Annual report to Congress on voting practices at United

Nations

-STATUTE-

(a) In general

Not later than March 31 of each year, the Secretary of State

shall transmit to the Speaker of the House of Representatives and

the chairman of the Committee on Foreign Relations of the Senate a

full and complete annual report which assesses for the preceding

calendar year, with respect to each foreign country member of the

United Nations, the voting practices of the governments of such

countries at the United Nations, and which evaluates General

Assembly and Security Council actions and the responsiveness of

those governments to United States policy on issues of special

importance to the United States.

(b) Information on voting practices in United Nations

Such report shall include, with respect to voting practices and

plenary actions in the United Nations during the preceding calendar

year, information to be compiled and supplied by the Permanent

Representative of the United States to the United Nations,

consisting of -

(1) an analysis and discussion, prepared in consultation with

the Secretary of State, of the extent to which member countries

supported United States policy objectives at the United Nations;

(2) an analysis and discussion, prepared in consultation with

the Secretary of State, of actions taken by the United Nations by

consensus;

(3) with respect to plenary votes of the United Nations General

Assembly -

(A) a listing of all such votes on issues which directly

affected important United States interests and on which the

United States lobbied extensively and a brief description of

the issues involved in each such vote;

(B) a listing of the votes described in subparagraph (A)

which provides a comparison of the vote cast by each member

country with the vote cast by the United States;

(C) a country-by-country listing of votes described in

subparagraph (A); and

(D) a listing of votes described in subparagraph (A)

displayed in terms of United Nations regional caucus groups;

(4) a listing of all plenary votes cast by member countries of

the United Nations in the General Assembly which provides a

comparison of the votes cast by each member country with the vote

cast by the United States;

(5) an analysis and discussion, prepared in consultation with

the Secretary of State, of the extent to which other members

supported United States policy objectives in the Security Council

and a separate listing of all Security Council votes of each

member country in comparison with the United States; and

(6) a side-by-side comparison of agreement on important and

overall votes for each member country and the United States.

(c) Format

Information required pursuant to subsection (b)(3) of this

section shall also be submitted, together with an explanation of

the statistical methodology, in a format identical to that

contained in chapter II of the Report to Congress on Voting

Practices in the United Nations, dated March 14, 1988.

(d) Statement by Secretary of State

Each report under subsection (a) of this section shall contain a

statement by the Secretary of State discussing the measures which

have been taken to inform United States diplomatic missions of

United Nations General Assembly and Security Council activities.

-SOURCE-

(Pub. L. 101-246, title IV, Sec. 406, Feb. 16, 1990, 104 Stat. 66.)

-COD-

CODIFICATION

Section is comprised of section 406 of Pub. L. 101-246. Subsec.

(e) of section 406 of Pub. L. 101-246 repealed provisions contained

in prior appropriation acts which had been formerly set out as this

section. See Similar Provisions note below.

Section was enacted as part of the appropriation act cited as the

credit to this section, and not as part of the Foreign Assistance

Act of 1961 which comprises this chapter.

-MISC1-

SIMILAR PROVISIONS

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 101-167, title V, Sec. 527, Nov. 21, 1989, 103 Stat.

1223.

Pub. L. 100-461, title V, Sec. 527, Oct. 1, 1988, 102 Stat.

2268-26; repealed by Pub. L. 101-167, title V, Sec. 527(e)(6), Nov.

21, 1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, Sec.

406(e)(5), Feb. 16, 1990, 104 Stat. 67.

Pub. L. 100-202, Sec. 101(e) [title V, Sec. 528], Dec. 22, 1987,

101 Stat. 1329-131, 1329-158; repealed by Pub. L. 101-167, title V,

Sec. 527(e)(5), Nov. 21, 1989, 103 Stat. 1224, and Pub. L. 101-246,

title IV, Sec. 406(e)(4), Feb. 16, 1990, 104 Stat. 67.

Pub. L. 99-500, Sec. 101(f) [title V, Sec. 528], Oct. 18, 1986,

100 Stat. 1783-213, 1783-230, and Pub. L. 99-591, Sec. 101(f)

[title V, Sec. 528], Oct. 30, 1986, 100 Stat. 3341-214, 3341-230;

repealed by Pub. L. 101-167, title V, Sec. 527(e)(4), Nov. 21,

1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, Sec.

406(e)(3), Feb. 16, 1990, 104 Stat. 67.

Pub. L. 99-190, Sec. 101(i) [title V, Sec. 529], Dec. 19, 1985,

99 Stat. 1291, 1307; repealed by Pub. L. 101-167, title V, Sec.

527(e)(3), Nov. 21, 1989, 103 Stat. 1224, and Pub. L. 101-246,

title IV, Sec. 406(e)(2), Feb. 16, 1990, 104 Stat. 67.

Pub. L. 98-473, title I, Sec. 101(1) [title V, Sec. 530], Oct.

12, 1984, 98 Stat. 1884, 1900; repealed by Pub. L. 101-167, title

V, Sec. 527(e)(2), Nov. 21, 1989, 103 Stat. 1224.

Pub. L. 98-151, Sec. 101(b)(1), Nov. 14, 1983, 97 Stat. 967;

repealed by Pub. L. 101-167, title V, Sec. 527(e)(1), Nov. 21,

1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, Sec.

406(e)(1), Feb. 16, 1990, 104 Stat. 67.

REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF SECRETARY OF

STATE

Pub. L. 106-429, Sec. 101(a) [title V, Sec. 559], Nov. 6, 2000,

114 Stat. 1900, 1900A-45, which required that the report submitted

to Congress under subsec. (a) of this section include, in addition

to the voting practices of a foreign country, a side-by-side

comparison of individual countries' overall support for the United

States at the United Nations and the amount of United States

assistance, as defined in section 2291(e)(4) of this title,

provided to such country in fiscal year 2000, was from the Foreign

Operations, Export Financing, and Related Programs Appropriations

Act, 2001, and was not repeated in subsequent appropriation acts.

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 560],

Nov. 29, 1999, 113 Stat. 1535, 1501A-104.

Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 562], Oct.

21, 1998, 112 Stat. 2681-150, 2681-193.

Pub. L. 105-118, title V, Sec. 563, Nov. 26, 1997, 111 Stat.

2427.

Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.

580], Sept. 30, 1996, 110 Stat. 3009-121, 3009-170.

-End-

-CITE-

22 USC Sec. 2415 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2415. Annual military assistance report

-STATUTE-

(a) Report required

Not later than February 1 of each year, the President shall

transmit to the Congress an annual report for the fiscal year

ending the previous September 30.

(b) Information relating to military assistance and military

exports

Each such report shall show the aggregate dollar value and

quantity of defense articles (including excess defense articles),

defense services, and international military education and training

activities authorized by the United States and of such articles,

services, and activities provided by the United States, excluding

any activity that is reportable under title V of the National

Security Act of 1947 [50 U.S.C. 413 et seq.], to each foreign

country and international organization. The report shall specify,

by category, whether such defense articles -

(1) were furnished by grant under part II or part V of

subchapter II of this chapter or under any other authority of law

or by sale under chapter 2 of the Arms Export Control Act [22

U.S.C. 2761 et seq.];

(2) were furnished with the financial assistance of the United

States Government, including through loans and guarantees; or

(3) were licensed for export under section 38 of the Arms

Export Control Act [22 U.S.C. 2778] and, if so, a specification

of those defense articles that were exported during the fiscal

year covered by the report, including, in the case of defense

articles that are firearms controlled under category I of the

United States Munitions List, a statement of the aggregate dollar

value and quantity of semiautomatic assault weapons, or spare

parts for such weapons, the manufacture, transfer, or possession

of which is unlawful under section 922 of title 18, that were

licensed for export during the period covered by the report.

(c) Availability on Internet

All unclassified portions of such report shall be made available

to the public on the Internet through the Department of State.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 655, as added Pub. L. 104-106, div.

A, title XIII, Sec. 1324(c), Feb. 10, 1996, 110 Stat. 481; amended

Pub. L. 104-164, title I, Sec. 148, July 21, 1996, 110 Stat. 1435;

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XIII, Sec.

1306], Nov. 29, 1999, 113 Stat. 1536, 1501A-512; Pub. L. 106-280,

title VII, Sec. 702, Oct. 6, 2000, 114 Stat. 861; Pub. L. 107-228,

div. B, title XII, Secs. 1205(c), 1262(b), Sept. 30, 2002, 116

Stat. 1428, 1434.)

-REFTEXT-

REFERENCES IN TEXT

The National Security Act of 1947, referred to in subsec. (b), is

act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of

the Act is classified generally to subchapter III (Sec. 413 et

seq.) of chapter 15 of Title 50, War and National Defense. For

complete classification of this Act to the Code, see Short Title

note set out under section 401 of Title 50 and Tables.

The Arms Export Control Act, referred to in subsec. (b)(1), is

Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapter 2

of the Act is classified generally to subchapter II (Sec. 2761 et

seq.) of chapter 39 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2751 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2415, Pub. L. 87-195, pt. III, Sec. 655, as added

Pub. L. 92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 29;

amended Pub. L. 93-559, Sec. 39(a), Dec. 30, 1974, 88 Stat. 1810;

Pub. L. 94-329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761,

related to limitation in amounts to be expended for assistance to

Cambodia, prior to repeal by Pub. L. 95-424, title VI, Secs. 604,

605, Oct. 6, 1978, 92 Stat. 961, effective Oct. 1, 1978.

AMENDMENTS

2002 - Subsec. (b)(3). Pub. L. 107-228, Sec. 1205(c), inserted

before period at end ", including, in the case of defense articles

that are firearms controlled under category I of the United States

Munitions List, a statement of the aggregate dollar value and

quantity of semiautomatic assault weapons, or spare parts for such

weapons, the manufacture, transfer, or possession of which is

unlawful under section 922 of title 18, that were licensed for

export during the period covered by the report".

Subsecs. (c), (d). Pub. L. 107-228, Sec. 1262(b), redesignated

subsec. (d) as (c) and struck out heading and text of former

subsec. (c). Text read as follows: "Each such report shall also

include the total amount of military items manufactured outside the

United States that were imported into the United States during the

fiscal year covered by the report. For each country of origin the

report shall show the type of item being imported and the total

amount of the items."

2000 - Subsec. (b)(3). Pub. L. 106-280 inserted before the period

at end "and, if so, a specification of those defense articles that

were exported during the fiscal year covered by the report".

1999 - Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII,

Sec. 1306(a)], reenacted heading without change and amended text

generally. Prior to amendment, text read as follows: "Each such

report shall show the aggregate dollar value and quantity of

defense articles (including excess defense articles), defense

services, and international military education and training

authorized by the United States, excluding that which is pursuant

to activies reportable under title V of the National Security Act

of 1947, to each foreign country and international organization.

The report shall specify, by category, whether such defense

articles -

"(1) were furnished by grant under part II or part V of

subchapter II of this chapter or under any other authority of law

or by sale under chapter 2 of the Arms Export Control Act; or

"(2) were licensed for export under section 38 of the Arms

Export Control Act."

Subsec. (d). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII, Sec.

1306(b)], added subsec. (d).

1996 - Pub. L. 104-164 substituted "Annual military assistance

report" for "Annual report on military assistance, military

exports, and military imports" in section catchline and amended

text generally. Prior to amendment, text read as follows:

"(a) Report Required. - Not later than February 1 of each of 1996

and 1997, the President shall transmit to Congress a report

concerning military assistance authorized or furnished for the

fiscal year ending the previous September 30.

"(b) Information Relating to Military Assistance and Military

Exports. - Each such report shall show the aggregate dollar value

and quantity of defense articles (including excess defense

articles) and defense services, and of military education and

training, authorized or furnished by the United States to each

foreign country and international organization. The report shall

specify, by category, whether those articles and services, and that

education and training, were furnished by grant under part II or

part V of subchapter II of this chapter or by sale under chapter 2

of the Arms Export Control Act or were authorized by commercial

sale licensed under section 38 of the Arms Export Control Act.

"(c) Information Relating to Military Imports. - Each such report

shall also include the total amount of military items of non-United

States manufacture that were imported into the United States during

the fiscal year covered by the report. The report shall show the

country of origin, the type of item being imported, and the total

amount of items."

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2416 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2416. Annual foreign military training report

-STATUTE-

(a) Annual report

(1) In general

Not later than January 31 of each year, the Secretary of

Defense and the Secretary of State shall jointly prepare and

submit to the appropriate congressional committees a report on

all military training provided to foreign military personnel by

the Department of Defense and the Department of State during the

previous fiscal year and all such training proposed for the

current fiscal year.

(2) Exception for certain countries

Paragraph (1) does not apply to any NATO member, Australia,

Japan, or New Zealand, unless one of the appropriate

congressional committees has specifically requested, in writing,

inclusion of such country in the report. Such request shall be

made not later than 90 calendar days prior to the date on which

the report is required to be transmitted.

(b) Contents

The report described in subsection (a) of this section shall

include the following:

(1) For each military training activity, the foreign policy

justification and purpose for the activity, the number of foreign

military personnel provided training and their units of

operation, and the location of the training.

(2) For each country, the aggregate number of students trained

and the aggregate cost of the military training activities.

(3) With respect to United States personnel, the operational

benefits to United States forces derived from each military

training activity and the United States military units involved

in each activity.

(c) Form

The report described in subsection (a) of this section shall be

in unclassified form but may include a classified annex.

(d) Availability on Internet

All unclassified portions of the report described in subsection

(a) of this section shall be made available to the public on the

Internet through the Department of State.

(e) Definition

In this section, the term "appropriate congressional committees"

means -

(1) the Committee on Appropriations and the Committee on

International Relations of the House of Representatives; and

(2) the Committee on Appropriations and the Committee on

Foreign Relations of the Senate.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 656, as added Pub. L. 106-113, div.

B, Sec. 1000(a)(7) [div. B, title XIII, Sec. 1307], Nov. 29, 1999,

113 Stat. 1536, 1501A-512; amended Pub. L. 107-228, div. B, title

XII, Sec. 1262(a), Sept. 30, 2002, 116 Stat. 1434.)

-MISC1-

PRIOR PROVISIONS

A prior section 2416, Pub. L. 87-195, pt. III, Sec. 656, as added

Pub. L. 92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 30;

amended Pub. L. 93-559, Sec. 39(b), Dec. 30, 1974, 88 Stat. 1810;

Pub. L. 94-329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761,

related to limitation on number of United States personnel in

Cambodia, prior to repeal by Pub. L. 95-424, title VI, Secs. 604,

605, Oct. 6, 1978, 92 Stat. 961, effective Oct. 1, 1978.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228 designated existing

provisions as par. (1), inserted par. (1) heading, and added par.

(2).

-End-

-CITE-

22 USC Sec. 2417 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2417. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),

Dec. 29, 1981, 95 Stat. 1560

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 657, as added Pub. L.

95-384, Sec. 14, Sept. 26, 1978, 92 Stat. 739, required annual

Presidential reports for fiscal year ending previous Sept. 30

respecting military assistance, military education and training

assistance, foreign military sales, and commercial military sales.

See sections 2394 and 2765 of this title.

PRIOR PROVISIONS

A prior section 2417, Pub. L. 87-195, pt. III, Sec. 657, as added

Pub. L. 92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 30;

amended Pub. L. 93-189, Sec. 23, Dec. 17, 1973, 87 Stat. 726; Pub.

L. 94-273, Sec. 5(2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-329,

title II, Sec. 216, June 30, 1976, 90 Stat. 747, related to an

annual report by the President to Congress showing the dollar value

of foreign assistance including military sales, education and

training, prior to repeal by Pub. L. 95-424, title V, Sec.

502(d)(1), Oct. 6, 1978, 92 Stat. 959, effective Oct. 1, 1978.

-End-

-CITE-

22 USC Sec. 2418 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2418. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,

1978, 92 Stat. 961

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 658, as added Pub. L.

92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 32, related to

certification by the Comptroller General of the release of

previously impounded funds prior to the expenditure of funds

appropriated to carry out the purposes of this chapter.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2419 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2419. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),

Dec. 29, 1981, 95 Stat. 1560

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 659, as added Pub. L.

93-559, Sec. 29(a), Dec. 30, 1974, 88 Stat. 1803, prohibited aid to

any country containing a military base constructed, maintained, or

used by the United States if access to such base was denied unduly

to bona fide media correspondents of the United States by the

country in question.

-End-

-CITE-

22 USC Sec. 2420 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2420. Police training prohibition

-STATUTE-

(a) Effective date of prohibition

On and after July 1, 1975, none of the funds made available to

carry out this chapter, and none of the local currencies generated

under this chapter, shall be used to provide training or advice, or

provide any financial support, for police, prisons, or other law

enforcement forces for any foreign government or any program of

internal intelligence or surveillance on behalf of any foreign

government within the United States or abroad.

(b) Exception; qualification

Subsection (a) of this section shall not apply -

(1) with respect to assistance rendered under section 3763(c)

(!1) of title 42, with respect to any authority of the Drug

Enforcement Administration or the Federal Bureau of Investigation

which relates to crimes of the nature which are unlawful under

the laws of the United States, or with respect to assistance

authorized under section 2291a of this title;

(2) to any contract entered into prior to December 30, 1974,

with any person, organization, or agency of the United States

Government to provide personnel to conduct, or assist in

conducting, any such program;

(3) with respect to assistance, including training, in maritime

law enforcement and other maritime skills;

(4) with respect to assistance provided to police forces in

connection with their participation in the regional security

system of the Eastern Caribbean states; or (!2)

(5) with respect to assistance, including training, relating to

sanctions monitoring and enforcement;

(6) with respect to assistance provided to reconstitute

civilian police authority and capability in the post-conflict

restoration of host nation infrastructure for the purposes of

supporting a nation emerging from instability, and the provision

of professional public safety training, to include training in

internationally recognized standards of human rights, the rule of

law, anti-corruption, and the promotion of civilian police roles

that support democracy;

(7) with respect to assistance provided to customs authorities

and personnel, including training, technical assistance and

equipment, for customs law enforcement and the improvement of

customs laws, systems and procedures.

Notwithstanding clause (2), subsection (a) of this section shall

apply to any renewal or extension of any contract referred to in

such paragraph entered into on or after December 30, 1974.

(c) Country with longstanding democratic tradition, etc.

Subsection (a) of this section shall not apply with respect to a

country which has a longstanding democratic tradition, does not

have standing armed forces, and does not engage in a consistent

pattern of gross violations of internationally recognized human

rights.

(d) Assistance to Honduras or El Salvador

Notwithstanding the prohibition contained in subsection (a) of

this section assistance may be provided to Honduras or El Salvador

for fiscal years 1986 and 1987 if, at least 30 days before

providing assistance, the President notifies the Committee on

Foreign Affairs of the House of Representatives and the Committee

on Foreign Relations of the Senate, in accordance with the

procedures applicable to reprogramming notifications pursuant to

section 2394-1 of this title, that he has determined that the

government of the recipient country has made significant progress,

during the preceding six months, in eliminating any human rights

violations including torture, incommunicado detention, detention of

persons solely for the nonviolent expression of their political

views, or prolonged detention without trial. Any such notification

shall include a full description of the assistance which is

proposed to be provided and of the purposes to which it is to be

directed.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 660, as added Pub. L. 93-559, Sec.

30(a), Dec. 30, 1974, 88 Stat. 1803; amended Pub. L. 99-83, title

I, Sec. 127(b), title VII, Sec. 711, Aug. 8, 1985, 99 Stat. 205,

243; Pub. L. 101-513, title V, Sec. 594, Nov. 5, 1990, 104 Stat.

2060; Pub. L. 104-107, title V, Sec. 540A(d), Feb. 12, 1996, 110

Stat. 737; Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec.

574], Nov. 29, 1999, 113 Stat. 1535, 1501A-111.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

Section 3763(c) of title 42, referred to in subsec. (b)(1), was

in the original section 515(c) of the Omnibus Crime Control and

Safe Streets Act of 1968 [title I of Pub. L. 90-351, June 19, 1968,

82 Stat. 207]. Section 515 was omitted in the general revision of

title I of Pub. L. 90-351 by Pub. L. 96-157, Sec. 2, Dec. 27, 1979,

93 Stat. 1167.

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(7). Pub. L. 106-113 added par. (7).

1996 - Subsec. (b)(5), (6). Pub. L. 104-107 added pars. (5) and

(6).

1990 - Subsec. (b)(4). Pub. L. 101-513, which directed the

amendment of this section by adding par. (4) at "the end of the

subsection", was executed by adding par. (4) after par. (3) in

subsec. (b) to reflect the probable intent of Congress.

1985 - Subsec. (b)(3). Pub. L. 99-83, Sec. 127(b), added par.

(3).

Subsecs. (c), (d). Pub. L. 99-83, Sec. 711, added subsecs. (c)

and (d).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC3-

EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR SPECIFIC

FISCAL YEARS FROM PROHIBITION ON ASSISTANCE FOR LAW ENFORCEMENT

AGENCIES

Pub. L. 103-447, title I, Sec. 104, Nov. 2, 1994, 108 Stat. 4694,

provided that:

"(a) Exemption. - For fiscal year 1995, section 660 of the

Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply

with respect to -

"(1) transfers of excess defense articles under section 517 of

that Act (22 U.S.C. 2321k);

"(2) funds made available for the 'Foreign Military Financing

Program' under section 23 of the Arms Export Control Act (22

U.S.C. 2763) that are used for assistance provided for

narcotics-related purposes; or

"(3) international military education and training under

chapter 5 of part II of the Foreign Assistance Act of 1961 (22

U.S.C. 2347 and following) that is provided for narcotics-related

purposes.

"(b) Notification to Congress. - At least 15 days before any

transfer under subsection (a)(1) or any obligation of funds under

subsection (a)(2) or (a)(3), the President shall notify the

appropriate congressional committees (as defined in section 481(e)

of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e))[)] in

accordance with the procedures applicable to reprogramming

notifications under section 634A of that Act (22 U.S.C. 2394) [22

U.S.C. 2394-1].

"(c) Coordination With International Narcotics Control Assistance

Program. - Assistance provided pursuant to this section shall be

coordinated with international narcotics control assistance under

chapter 8 of part 1 of the Foreign Assistance Act of 1961 (22

U.S.C. 2291 et seq.)."

Pub. L. 102-583, Sec. 7, Nov. 2, 1992, 106 Stat. 4933, provided

for exemption of narcotics-related military assistance for fiscal

years 1993 and 1994 from prohibition on assistance for law

enforcement agencies, prior to repeal by Pub. L. 103-447, title I,

Sec. 103(a), Nov. 2, 1994, 108 Stat. 4693.

-EXEC-

ASSISTANCE TO PUBLIC SECURITY FORCES OF EL SALVADOR; DELEGATION OF

FUNCTIONS

Determination of the President of the United States, No. 86-2,

Oct. 29, 1985, 50 F.R. 48073, provided:

Memorandum for the Honorable George P. Shultz, the Secretary of

State

Pursuant to Section 660(d) of the Foreign Assistance Act of 1961,

as amended [22 U.S.C. 2420(d)], I hereby determine that the

Government of El Salvador has made significant progress, during the

six month period preceding this determination, in eliminating any

human rights violations including torture, incommunicado detention,

detention of persons solely for the non-violent expression of their

political views, or prolonged detention without trial.

You are requested to report this determination to the Congress

immediately, together with a full description of the assistance to

be provided and of the purposes to which it is to be directed. None

of the assistance so provided shall be furnished until 30 days

after such a report has been made, as required by law.

I hereby delegate to the Secretary of State authority to make

such determinations and reports as called for in the future under

Section 660(d).

This determination shall be published in the Federal Register.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151q, 2346c, 2398 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The word "or" probably should appear at end

of par. (6).

-End-

-CITE-

22 USC Sec. 2421 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2421. Trade and Development Agency

-STATUTE-

(a) Purpose

The Trade and Development Agency shall be an agency of the United

States under the foreign policy guidance of the Secretary of State.

The purpose of the Trade and Development Agency is to promote

United States private sector participation in development projects

in developing and middle-income countries, with special emphasis on

economic sectors with significant United States export potential,

such as energy, transportation, telecommunications, and

environment.

(b) Authority to provide assistance

(1) Authority

The Director of the Trade and Development Agency is authorized

to work with foreign countries, including those in which the

United States development programs have been concluded or those

not receiving assistance under subchapter I of this chapter, to

carry out the purpose of this section by providing funds for

feasibility studies, architectural and engineering design, and

other activities related to development projects which provide

opportunities for the use of United States exports.

(2) Use of funds

Funds under this section may be used to provide support for

feasibility studies for the planning, development, and management

of, and procurement for, bilateral and multilateral development

projects, including training activities undertaken in connection

with a project, for the purpose of promoting the use of United

States goods and services in such projects. Funds under this

section may also be used for architectural and engineering

design, including -

(A) concept design, which establishes the basic technical and

operational criteria for a project, such as architectural

drawings for a proposed facility, evaluation of site

constraints, procurement requirements, and equipment

specifications; and

(B) detail design, which sets forth specific dimensions and

criteria for structural, mechanical, electrical, and

architectural operations, and identifies other resources

required for project operations.

(3) Information dissemination

(A) The Trade and Development Agency shall disseminate

information about its project activities to the private sector.

(B) Other agencies of the United States Government shall

cooperate with the Trade and Development Agency in order for the

Agency to provide more effectively informational services to

persons in the private sector concerning trade development and

export promotion related to development projects.

(4) Nonapplicability of other provisions

Any funds used for purposes of this section may be used

notwithstanding any other provision of law.

(5) Contributions to costs

The Trade and Development Agency shall, to the maximum extent

practicable, require corporations and other entities to -

(A) share the costs of feasibility studies and other project

planning services funded under this section; and

(B) reimburse the Trade and Development Agency those funds

provided under this section, if the corporation or entity

concerned succeeds in project implementation.

(c) Director and personnel

(1) Director

There shall be at the head of the Trade and Development Agency

a Director who shall be appointed by the President, by and with

the advice and consent of the Senate.

(2) Officers and employees

(A) The Director may appoint such officers and employees of the

Trade and Development Agency as the Director considers

appropriate.

(B) The officers and employees appointed under this paragraph

shall have such functions as the Director may determine.

(C) Of the officers and employees appointed under this

paragraph, 2 may be appointed without regard to the provisions of

title 5, governing appointments in the competitive service, and

may be compensated without regard to the provisions of chapter 51

or subchapter III of chapter 53 of such title.

(D) Under such regulations as the President may prescribe, any

individual appointed under subparagraph (C) may be entitled, upon

removal (except for cause) from the position to which the

appointment was made, to reinstatement to the position occupied

by that individual at the time of appointment or to a position of

comparable grade and pay.

(d) Annual report

The President shall, not later than December 31 of each year,

submit to the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the

Senate a report on the activities of the Trade and Development

Agency in the preceding fiscal year.

(e) Audits

(1) In general

The Trade and Development Agency shall be subject to the

provisions of chapter 35 of title 31, except as otherwise

provided in this section.

(2) Independent audit

An independent certified public accountant shall perform a

financial and compliance audit of the financial statements of the

Trade and Development Agency each year, in accordance with

generally accepted Government auditing standards for a financial

and compliance audit, taking into consideration any standards

recommended by the Comptroller General. The independent certified

public accountant shall report the results of such audit to the

Director of the Trade and Development Agency. The financial

statements of the Trade and Development Agency shall be presented

in accordance with generally accepted accounting principles.

These financial statements and the report of the accountant shall

be included in a report which contains, to the extent applicable,

the information identified in section 3512 of title 31, and which

the Trade and Development Agency shall submit to the Congress not

later than 6 1/2 months after the end of the last fiscal year

covered by the audit. The Comptroller General may review the

audit conducted by the accountant and the report to the Congress

in the manner and at such times as the Comptroller General

considers necessary.

(3) Audit by Comptroller General

In lieu of the financial and compliance audit required by

paragraph (2), the Comptroller General shall, if the Comptroller

General considers it necessary or upon the request of the

Congress, audit the financial statements of the Trade and

Development Agency in the manner provided in paragraph (2).

(4) Availability of information

All books, accounts, financial records, reports, files,

workpapers, and property belonging to or in use by the Trade and

Development Agency and the accountant who conducts the audit

under paragraph (2), which are necessary for purposes of this

subsection, shall be made available to the representatives of the

General Accounting Office designated by the Comptroller General.

(f) Funding

(1) Authorization

(A) There are authorized to be appropriated for purposes of

this section, in addition to funds otherwise available for such

purposes, $48,000,000 for fiscal year 2000 and such sums as may

be necessary for each fiscal year thereafter.

(B) Amounts appropriated pursuant to the authorization of

appropriations under subparagraph (A) are authorized to remain

available until expended.

(2) Funding for technical assistance grants by multilateral

development banks

(A) The Trade and Development Agency should, in carrying out

its program, provide, as appropriate, funds to multilateral

development banks for technical assistance grants.

(B) As used in subparagraph (A) -

(i) the term "technical assistance grants" means funding by

multilateral development banks of services from the United

States in connection with projects and programs supported by

such banks, including, but not limited to, engineering, design,

and consulting services; and

(ii) the term "multilateral development bank" has the meaning

given that term in section 262r(c) of this title.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 661, as added Pub. L. 93-559, Sec.

31, Dec. 30, 1974, 88 Stat. 1804; amended Pub. L. 94-161, title

III, Sec. 316, Dec. 20, 1975, 89 Stat. 867; Pub. L. 95-88, title I,

Sec. 128, Aug. 3, 1977, 91 Stat. 543; Pub. L. 95-424, title I, Sec.

121, Oct. 6, 1978, 92 Stat. 954; Pub. L. 96-53, title I, Sec. 119,

Aug. 14, 1979, 93 Stat. 365; Pub. L. 96-533, title III, Sec. 311,

Dec. 16, 1980, 94 Stat. 3148; Pub. L. 97-113, title III, Sec. 312,

Dec. 29, 1981, 95 Stat. 1536; Pub. L. 99-83, title IV, Sec. 405,

Aug. 8, 1985, 99 Stat. 219; Pub. L. 100-418, title II, Sec.

2204(b)(1), (2), Aug. 23, 1988, 102 Stat. 1329; Pub. L. 102-549,

title II, Sec. 201, Oct. 28, 1992, 106 Stat. 3655; Pub. L. 103-392,

title II, Sec. 201, Oct. 22, 1994, 108 Stat. 4099; Pub. L. 106-158,

Sec. 5, Dec. 9, 1999, 113 Stat. 1746.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (c)(2)(C), are

classified generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-158, Sec. 5(a), inserted before

period at end: ", with special emphasis on economic sectors with

significant United States export potential, such as energy,

transportation, telecommunications, and environment".

Subsec. (b)(5). Pub. L. 106-158, Sec. 5(b), added par. (5).

Subsec. (f)(1)(A). Pub. L. 106-158, Sec. 5(c)(1), substituted

"$48,000,000 for fiscal year 2000 and such sums as may be necessary

for each fiscal year thereafter" for "$77,000,000 for fiscal year

1995 and such sums as are necessary for fiscal year 1996".

Subsec. (f)(2)(A). Pub. L. 106-158, Sec. 5(c)(2), substituted "in

carrying out its program, provide, as appropriate, funds" for "in

fiscal years 1993 and 1994, substantially increase the amount of

funds it provides".

1994 - Subsec. (f)(1). Pub. L. 103-392 redesignated existing

provisions as subpar. (A), substituted "$77,000,000 for fiscal year

1995 and such sums as are necessary for fiscal year 1996." for

"$55,000,000 for fiscal year 1993 and $65,000,000 for fiscal year

1994.", and added subpar. (B).

1992 - Pub. L. 102-549 amended section generally. Prior to

amendment, section consisted of subsecs. (a) to (d) which

authorized a trade and development program to facilitate access to

natural resources of interest to the United States and to stimulate

reimbursable aid programs, established an agency called the Trade

and Development Program to carry out the program, established an

advisory board, and authorized appropriations for purposes of

section.

1988 - Subsec. (a). Pub. L. 100-418, Sec. 2204(b)(1), inserted

sentence providing for use of funds for project planning,

development, management, and procurement for bilateral and

multilateral projects, for purpose of promoting use of United

States exports in such projects.

Subsecs. (b) to (d). Pub. L. 100-418, Sec. 2204(b)(2), added

subsecs. (b) and (c) and redesignated former subsec. (b) as (d).

1985 - Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally,

substituting provisions authorizing appropriations of $20,000,000

for fiscal years 1986 and 1987, for provisions authorizing

appropriations of $6,907,000 for fiscal years 1982 and 1983.

1981 - Pub. L. 97-113, Sec. 312(b), designated existing

provisions as subsec. (a), struck out provision for use of

$4,000,000 of funds made available for fiscal year 1981 for

purposes of this chapter, and added subsec. (b).

1980 - Pub. L. 96-533 substituted authorization for use of

$4,000,000 of available funds for fiscal year 1981 for such

authorization for use of $3,800,000 of available funds for fiscal

year 1980 for reimbursable development programs.

1979 - Pub. L. 96-53 substituted "$3,800,000" for "$3,000,000"

and "1980" for "1979".

1978 - Pub. L. 95-424 substituted "$3,000,000 of the funds made

available for the purposes of this chapter for the fiscal year

1979" for "$2,000,000 of the funds made available for the purposes

of this chapter. In the fiscal year 1977 and $2,000,000 of the

funds made available for the purposes of this chapter in the fiscal

year 1978,".

1977 - Pub. L. 95-88 struck out provisions authorizing the

President to use up to $1,000,000 of the funds made available for

the purposes of this chapter in the fiscal year 1975 and $2,000,000

in the fiscal year 1976, and inserted provisions authorizing the

President to use $2,000,000 of the funds made available for the

purposes of this chapter in the fiscal year 1978.

1975 - Pub. L. 94-161 increased usable funds in fiscal year 1976

to $2,000,000 from $1,000,000 and authorized use of $2,000,000 in

fiscal year 1977.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

Section 202(a), (e) of Pub. L. 102-549 provided that:

"(a) Renaming of Trade and Development Program. - The Trade and

Development Program shall, on or after the effective date of this

section [Oct. 28, 1992], be known as the Trade and Development

Agency.

"(e) Reference in Other Laws. - Any reference in any law to the

Trade and Development Program shall be deemed to be a reference to

the Trade and Development Agency."

-MISC2-

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-MISC3-

APPOINTMENT OF PRESENT DIRECTOR NOT AFFECTED

Section 202(b) of title II of Pub. L. 102-549 provided that: "The

enactment of this title [amending this section and section 5401 of

this title, section 5314 of Title 5, Government Organization and

Employees, and sections 635q to 635s of Title 12, Banks and

Banking, enacting provisions set out as a note above, and amending

provisions set out as a note under section 2151 of this title]

shall not affect the appointment of the individual who is the

Director of the Trade and Development Program on the effective date

of this section [Oct. 28, 1992]."

TRADE AND DEVELOPMENT PROGRAM ACTIVITIES FOR POLAND AND HUNGARY

Pub. L. 101-179, title III, Sec. 305, Nov. 28, 1989, 103 Stat.

1314, authorized appropriation of an additional $6,000,000 for the

3-year period beginning Oct. 1, 1989, to carry out this section, in

order to permit expansion of the Trade and Development Program [now

Agency] into Poland and Hungary.

TRADE AND DEVELOPMENT PROGRAM; REAFFIRMATION OF SUPPORT

Section 2204(a) of Pub. L. 100-418 provided that: "The Congress

reaffirms its support for the Trade and Development Program [now

Trade and Development Agency], and believes that the Program's

[Agency's] ability to support high priority development projects in

developing countries would be enhanced by an increase in the funds

authorized for the Program as well as by a clarification of the

Program's status as a separate component of the International

Development Cooperation Agency."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2296b of this title.

-End-

-CITE-

22 USC Sec. 2421a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2421a. Capital projects office within Agency for International

Development

-STATUTE-

(a) Establishment of office

The Administrator of AID shall establish a capital projects

office to carry out the purposes described in subsection (b) of

this section.

(b) Purposes of office

The purposes referred to in subsection (a) of this section are -

(1) to develop an AID program that would focus solely on

developmentally sound capital projects, taking into consideration

development needs of the host country and the export

opportunities for the United States; and

(2) to consider specifically opportunities for United States

high-technology firms, including small- and medium-sized firms,

in supporting capital projects for developing countries and for

countries making the transition from nonmarket to market

economies.

(c) Activities of AID

The Administrator of AID (acting through the capital projects

office), in coordination with the appropriate members of the Trade

Promotion Coordination Committee -

(1) shall support capital projects in developing countries and

in countries making the transition from nonmarket to market

economies;

(2) shall periodically review infrastructure needs in

developing countries and countries making the transition from

nonmarket to market economies and shall explore opportunities for

United States firms in the development of new capital projects in

these countries, keeping both United States firms and the

Congress informed of these reviews;

(3) shall ensure that each capital project for which AID

provides funding is developmentally sound, as determined under

the criteria developed by the Development Assistance Committee of

the Organization for Economic Cooperation and Development;

(4) shall coordinate its activities with other AID offices, and

work with AID country missions, in developing capital projects

that provide opportunities for United States firms consistent

with AID's primary mission to help developing countries with

traditional development projects;

(5) shall coordinate, where appropriate, funds available to AID

for tied-aid purposes; and

(6) shall play a special role in helping to meet the

infrastructure needs of countries making the transition from

nonmarket to market economies by meeting the challenge of

infrastructure assistance provided by foreign governments to

those countries, including by undertaking a comprehensive study

of the infrastructure needs of the various countries making the

transition from nonmarket to market economies -

(A) to identify those sectors in the economies of these

countries that are most in need of rebuilding, and

(B) to identify the state of technology in these countries

and the opportunity for United States high technology firms to

help develop a technological infrastructure in these countries,

including an assessment of export opportunities for United

States high technology companies.

The results of the study conducted pursuant to paragraph (6) shall

be reported to the appropriate congressional committees within 12

months after October 28, 1992.

-SOURCE-

(Pub. L. 102-549, title III, Sec. 302, Oct. 28, 1992, 106 Stat.

3658.)

-COD-

CODIFICATION

Section was enacted as part of the Aid, Trade, and

Competitiveness Act of 1992 and also as part of the Jobs Through

Exports Act of 1992, and not as part of the Foreign Assistance Act

of 1961 which comprises this chapter.

-MISC1-

SHORT TITLE OF 1992 AMENDMENT

Section 301 of title III of Pub. L. 102-549 provided that: "This

title [enacting this section and sections 2421b to 2421e of this

title and provisions set out as notes below] may be cited as the

'Aid, Trade, and Competitiveness Act of 1992'."

REPORTS TO CONGRESS ON CAPITAL PROJECTS

Section 305 of title III of Pub. L. 102-549 directed President,

not later than May 1, 1993, to submit to Congress a report

describing the extent to which United States Government resources

have been expended specifically to support specified projects in

developing countries and countries making the transition from

nonmarket to market economies, the extent to which the activities

of the United States Government have been coordinated, and the

extent to which United States Government capital projects and

tied-aid credit programs have affected United States exports.

REPORT ON FEASIBILITY OF AID CREDIT GUARANTEES TO FINANCE CAPITAL

PROJECTS

Section 307 of Pub. L. 102-549 directed President, not later than

May 1, 1993, to submit to Committee on Foreign Affairs and

Committee on Appropriations of House of Representatives and

Committee on Foreign Relations and Committee on Appropriations of

Senate a report on feasibility of allowing AID to offer credit

guarantees for financing of capital projects.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2421c, 2421e of this

title.

-End-

-CITE-

22 USC Sec. 2421b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2421b. Capital projects for poverty alleviation and

environmental safety and sustainability

-STATUTE-

(a) Purposes

The Administrator of AID shall develop a program, in accordance

with subsection (b) of this section, that focuses on

developmentally sound capital projects for basic infrastructure

that will measurably alleviate the worst manifestations of poverty

or directly promote environmental safety and sustainability at the

community level, taking into consideration development needs of the

host country and export opportunities for services and goods from

the United States.

(b) Activities of AID

In order to carry out subsection (a) of this section, the

Administrator of AID shall, working with AID technical support

staff, regional bureau staff, and country missions, identify and

provide funding for capital projects to alleviate the worst

manifestations of poverty or to promote environmental safety and

sustainability at the community level in countries receiving

assistance under part I of the Foreign Assistance Act of 1961 [22

U.S.C. 2151 et seq.]. Such projects may include basic sanitation

systems, basic water supply and treatment, pollution control, and

rural infrastructure benefiting poor communities or establishing

environmentally sustainable patterns of rural development. Such

projects should have measurable positive effects on indicators of

human and environmental health.

-SOURCE-

(Pub. L. 102-549, title III, Sec. 303, Oct. 28, 1992, 106 Stat.

3659.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (b),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Part I

of the Act is classified generally to subchapter I (Sec. 2151 et

seq.) of chapter 32 of this title. For provisions deeming

references to subchapter I to include parts IV (Sec. 2346 et seq.),

VI (Sec. 2348 et seq.), and VIII (Sec. 2349aa et seq.) of

subchapter II of chapter 32, see section 202(b) of Pub. L. 92-228,

set out as a note under section 2346 of this title, and sections

2348c and 2349aa-5 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2151 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Aid, Trade, and

Competitiveness Act of 1992 and also as part of the Jobs Through

Exports Act of 1992, and not as part of the Foreign Assistance Act

of 1961 which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2421c, 2421d, 2421e of

this title.

-End-

-CITE-

22 USC Sec. 2421c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2421c. Coordination

-STATUTE-

The President shall use the Trade Promotion Coordination

Committee to coordinate activities under sections 2421a to 2421e of

this title with other relevant activities of the United States

Government.

-SOURCE-

(Pub. L. 102-549, title III, Sec. 304, Oct. 28, 1992, 106 Stat.

3659.)

-REFTEXT-

REFERENCES IN TEXT

Sections 2421a to 2421e of this title, referred to in text, was

in the original "this title" meaning title III of Pub. L. 102-549,

Oct. 28, 1992, 106 Stat. 3658, known as the Aid, Trade, and

Competitiveness Act of 1992, which enacted sections 2421a to 2421e

of this title and provisions set out as notes under section 2421a

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2421a of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Aid, Trade, and

Competitiveness Act of 1992 and also as part of the Jobs Through

Exports Act of 1992, and not as part of the Foreign Assistance Act

of 1961 which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2421e of this title.

-End-

-CITE-

22 USC Sec. 2421d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2421d. Funding for capital projects

-STATUTE-

(a) Funding level

The Congress strongly urges the President to use at least

$650,000,000 for fiscal year 1993 and at least $700,000,000 for

fiscal year 1994 of the total amounts made available for assistance

under chapter 4 of part II of the Foreign Assistance Act of 1961

[22 U.S.C. 2346 et seq.] (relating to the economic support fund),

assistance under the Support for East European Democracy (SEED) Act

of 1989 [22 U.S.C. 5401 et seq.], assistance under the Freedom for

Russia and Emerging Eurasian Democracies and Open Markets Support

Act of 1992, and assistance under the Multilateral Assistance

Initiative for the Philippines, for grants for developmentally

sound capital projects. Such grants may be combined with financing

offered by private financial entities or other entities.

(b) Development assistance capital projects

Funds appropriated to carry out chapter 1 or chapter 10 of part I

of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq., 2293

et seq.] (relating to development assistance and the Development

Fund for Africa) may not be used for capital projects that do not

meet the criteria contained in section 2421b of this title. This

subsection does not apply with respect to capital projects for

which funds have been obligated or expended before October 28,

1992.

-SOURCE-

(Pub. L. 102-549, title III, Sec. 306, Oct. 28, 1992, 106 Stat.

3660.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsecs. (a)

and (b), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Chapter 10 of part I of the Act is classified generally to

part X (Sec. 2293 et seq.) of subchapter I of chapter 32 of this

title. Chapter 4 of part II of the Act is classified generally to

part IV (Sec. 2346 et seq.) of subchapter II of chapter 32 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

The Support for East European Democracy (SEED) Act of 1989,

referred to in subsec. (a), is Pub. L. 101-179, Nov. 28, 1989, 103

Stat. 1298, which is classified principally to chapter 63 (Sec.

5401 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 5401 of

this title and Tables.

The Freedom for Russia and Emerging Eurasian Democracies and Open

Markets Support Act of 1992, referred to in subsec. (a), is Pub. L.

102-511, Oct. 24, 1992, 106 Stat. 3320, as amended. For complete

classification of this Act to the Code, see Short Title note set

out under section 5801 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Aid, Trade, and

Competitiveness Act of 1992 and also as part of the Jobs Through

Exports Act of 1992, and not as part of the Foreign Assistance Act

of 1961 which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2421c, 2421e of this

title.

-End-

-CITE-

22 USC Sec. 2421e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2421e. Definitions

-STATUTE-

For purposes of sections 2421a to 2421e of this title -

(1) the term "AID" means the Agency for International

Development; and

(2) the term "capital project" means a project involving the

construction, expansion, alteration of, or the acquisition of

equipment for, a physical facility or physical infrastructure,

including related engineering design (concept and detail) and

other services, the procurement of equipment (including any

related services), and feasibility studies or similar engineering

and economic services.

-SOURCE-

(Pub. L. 102-549, title III, Sec. 308, Oct. 28, 1992, 106 Stat.

3660.)

-REFTEXT-

REFERENCES IN TEXT

Sections 2421a to 2421e of this title, referred to in text, was

in the original "this title" meaning title III of Pub. L. 102-549,

Oct. 28, 1992, 106 Stat. 3658, known as the Aid, Trade, and

Competitiveness Act of 1992, which enacted sections 2421a to 2421e

of this title and provisions set out as notes under section 2421a

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2421a of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Aid, Trade, and

Competitiveness Act of 1992 and also as part of the Jobs Through

Exports Act of 1992, and not as part of the Foreign Assistance Act

of 1961 which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2421c of this title.

-End-

-CITE-

22 USC Sec. 2422 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2422. Repealed. Pub. L. 102-88, title VI, Sec. 601, Aug. 14,

1991, 105 Stat. 441

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 662, as added Pub. L.

93-559, Sec. 32, Dec. 30, 1974, 88 Stat. 1804, and amended Pub. L.

96-450, title IV, Sec. 407(a), Oct. 14, 1980, 94 Stat. 1981,

prohibited funding of activities of the Central Intelligence

Agency, other than intelligence gathering, without Presidential

finding of importance to national security of United States and

defined such activities as significant anticipated intelligence

activities for purpose of section 413 of Title 50, War and National

Defense. See section 414 of Title 50.

-End-

-CITE-

22 USC Sec. 2423 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2423. Exchanges of certain materials

-STATUTE-

(a) Agreement for necessary or strategic raw material; definition

Notwithstanding any other provision of law, whenever the

President determines it is in the United States national interest,

he shall furnish assistance under this chapter or shall furnish

defense articles or services under the Foreign Military Sales Act

[22 U.S.C. 2751 et. seq.], pursuant to an agreement with the

recipient of such assistance, articles, or services which provides

that such recipient may only obtain such assistance, articles, or

services in exchange for any necessary or strategic raw material

controlled by such recipient. For the purposes of this section, the

term "necessary or strategic raw material" includes petroleum,

other fossil fuels, metals, minerals, or any other natural

substance which the President determines is in short supply in the

United States.

(b) Allocation of raw materials to Federal agencies

The President shall allocate any necessary or strategic raw

material transferred to the United States under this section to any

appropriate agency of the United States Government for stockpiling,

sale, transfer, disposal, or any other purpose authorized by law.

(c) Deposits in United States Treasury of funds from disposal of

materials

Funds received from any disposal of materials under subsection

(b) of this section shall be deposited as miscellaneous receipts in

the United States Treasury.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 663, as added Pub. L. 93-559, Sec.

32, Dec. 30, 1974, 88 Stat. 1805.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, known as the Foreign Assistance Act of 1961. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

The Foreign Military Sales Act, referred to in subsec. (a), is

Pub. L. 90-629, ch. 1, Oct. 22, 1968, 82 Stat. 1320, as amended,

known as the Arms Export Control Act, on authority of section

201(b) of Pub. L. 94-329, title II, June 30, 1976, 90 Stat. 734,

and is classified principally to chapter 39 (Sec. 2751 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2751 of this title and

Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 section 98c.

-End-

-CITE-

22 USC Sec. 2424 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2424. Repealed. Pub. L. 95-88, title I, Sec. 123(c), Aug. 3,

1977, 91 Stat. 541

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 664, as added Pub. L.

93-559, Sec. 33, Dec. 30, 1974, 88 Stat. 1805, authorized the

President to waive provisions which prohibited assistance to

countries trading with designated countries.

-End-

-CITE-

22 USC Sec. 2425 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2425. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,

1978, 92 Stat. 961

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 665, as added Pub. L.

94-161, title III, Sec. 317, Dec. 20, 1975, 89 Stat. 867,

authorized appropriations for the interim period July 1, 1976

through Sept. 30, 1976 of such amounts as were necessary to conduct

programs for which funding was authorized for fiscal year 1976 by

the International Development and Food Assistance Act of 1975

provided the total amount authorized not exceed one-fourth of the

total authorized for fiscal year 1976 for such programs and

activities.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2426 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2426. Discrimination against United States personnel

-STATUTE-

(a) Assignment of personnel on basis of ability and experience

The President shall not take into account, in assigning officers

and employees of the United States to carry out any economic

development assistance programs funded under this chapter in any

foreign country, the race, religion, national origin, or sex of any

such officer or employee. Such assignments shall be made solely on

the basis of ability and relevant experience.

(b) Prohibition on use of funds in country practicing

discrimination

Effective six months after December 20, 1975, or on such earlier

date as the President may determine, none of the funds made

available under this chapter may be used to provide economic

development assistance to any country which objects to the presence

of any officer or employee of the United States who is present in

such country for the purpose of carrying out any program of

economic development assistance authorized by the provisions of

this chapter on the basis of the race, religion, national origin,

or sex of such officer or employee.

(c) Rules and regulations

The Secretary of State shall promulgate such rules and

regulations as he may deem necessary to carry out the provisions of

this section.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 666, as added Pub. L. 94-161, title

III, Sec. 318, Dec. 20, 1975, 89 Stat. 868.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b), was in the

original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75

Stat. 424, as amended, known as the Foreign Assistance Act of 1961.

For complete classification of this Act to the Code, see Short

Title note set out under section 2151 of this title and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2427 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2427. Operating expenses

-STATUTE-

(a) Authorization of appropriations

There are authorized to be appropriated to the President, in

addition to funds otherwise available for such purposes -

(1) $387,000,000 for fiscal year 1986 and $387,000,000 for

fiscal year 1987 for necessary operating expenses of the agency

primarily responsible for administering subchapter I of this

chapter, of which $21,750,000 for the fiscal year 1987 is

authorized for the necessary operating expenses of the Office of

the Inspector General of the Agency for International Development

and the remaining amount for the fiscal year is authorized for

other necessary operating expenses of that agency; and

(2) such amounts as may be necessary for increases in salary,

pay, retirement, and other employee benefits authorized by law,

and for other nondiscretionary costs of such agency.

(b) Continuing availability of funds

Amounts appropriated under this section are authorized to remain

available until expended.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 667, as added Pub. L. 94-161, title

III, Sec. 319, Dec. 20, 1975, 89 Stat. 868; amended Pub. L. 95-88,

title I, Sec. 129(a), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95-424,

title V, Sec. 506, Oct. 6, 1978, 92 Stat. 960; Pub. L. 96-53, title

I, Sec. 120, Aug. 14, 1979, 93 Stat. 365; Pub. L. 96-533, title

VII, Sec. 709, Dec. 16, 1980, 94 Stat. 3159; Pub. L. 97-113, title

VII, Sec. 706, Dec. 29, 1981, 95 Stat. 1545; Pub. L. 99-83, title

IV, Sec. 406, Aug. 8, 1985, 99 Stat. 219; Pub. L. 99-529, title IV,

Sec. 402, Oct. 24, 1986, 100 Stat. 3019.)

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

AMENDMENTS

1986 - Subsec. (a)(1). Pub. L. 99-529 inserted ", of which

$21,750,000 for the fiscal year 1987 is authorized for the

necessary operating expenses of the Office of the Inspector General

of the Agency for International Development and the remaining

amount for the fiscal year is authorized for other necessary

operating expenses of that agency".

1985 - Subsec. (a)(1). Pub. L. 99-83 amended par. (1) generally,

substituting provisions authorizing appropriations of $387,000,000

for fiscal years 1986 and 1987, for provisions authorizing

appropriations of $335,600,000 for fiscal years 1982 and 1983.

1981 - Subsec. (a). Pub. L. 97-113 struck out from provision

preceding par. (1) ", for the fiscal year 1981" after "for such

purposes" and substituted in par. (1) "$335,600,000 for the fiscal

year 1982 and $335,600,000 for the fiscal year 1983" for

"$293,800,000".

1980 - Subsec. (a). Pub. L. 96-533 substituted in provisions

preceding par. (1) "1981" for "1980" and in par. (1) "$293,800,000"

for "$263,000,000".

1979 - Subsec. (a). Pub. L. 96-53 substituted in provisions

preceding par. (1) "1980" for "1979" and in par. (1) "$263,000,000"

for "$261,000,000".

1978 - Subsec. (a). Pub. L. 95-424 substituted in provisions

preceding par. (1) "1979" for "1978" and in par. (1) "$261,000,000"

for "$220,200,000".

1977 - Pub. L. 95-88 substituted provisions authorizing

appropriations for fiscal year 1978 for provisions stating that

nothing in this chapter was intended to preclude the Committees on

Appropriations from setting a ceiling on operating expenses of the

agency primarily responsible for administering subchapter I of this

chapter or limiting the availability of other sums therefor.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2151g of this title.

-End-

-CITE-

22 USC Sec. 2428 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2428. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),

Dec. 29, 1981, 95 Stat. 1560

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 668, as added Pub. L.

94-329, title IV, Sec. 411, June 30, 1976, 90 Stat. 760, required

annual reports respecting the Republic of Korea's armed forces

modernization and self-sufficiency program, the role of the United

States in the security of the Republic of Korea, and prospects for

a withdrawal of United States forces from the country. See section

2375 of this title.

-End-

-CITE-

22 USC Sec. 2428a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2428a. Congressional declaration of policy toward Korea;

transmittal of report to Speaker of the House and Congressional

committees

-STATUTE-

(a) The Congress declares that -

(1) United States policy toward Korea should continue to be

arrived at by joint decision of the President and the Congress;

(2) in any implementation of the President's policy of gradual

and phased reduction of United States ground forces from the

Republic of Korea, the United States should seek to accomplish

such reduction in stages consistent with United States interests

in Asia, notably Japan, and with the security interests of the

Republic of Korea;

(3) any implementation of this policy should be carried out

with a careful regard to the interest of the United States in

continuing its close relationship with the people and government

of Japan, in fostering democratic practices in the Republic of

Korea, and in maintaining stable relations among the countries of

East Asia; and

(4) these interests can be served most effectively by a policy

which involves consultations by the United States Government, as

appropriate, with the governments of the region, particularly

those directly involved.

(b)(1) Any implementation of the foregoing policy shall be

carried out in regular consultation with the Congress.

(2) Repealed. Pub. L. 103-236, title I, Sec. 139(5), Apr. 30,

1994, 108 Stat. 398.

-SOURCE-

(Pub. L. 95-105, title V, Sec. 512, Aug. 17, 1977, 91 Stat. 861;

Pub. L. 103-236, title I, Sec. 139(5), Apr. 30, 1994, 108 Stat.

398.)

-COD-

CODIFICATION

Section was enacted as part of the Foreign Relations

Authorization Act, Fiscal Year 1978, and not as part of the Foreign

Assistance Act of 1961 which comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2). Pub. L. 103-236 struck out par. (2) which

read as follows: "Not later than February 15, 1978, and not later

than February 15 of each year thereafter until any such withdrawal

is completed, the President shall transmit a report in writing to

the Speaker of the House of Representatives and the Committees on

Foreign Relations, Armed Services, and Intelligence of the Senate

assessing the implementation of the foregoing policy."

-End-

-CITE-

22 USC Sec. 2428b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2428b. Special security assistance for modernization of Armed

Forces of Korea

-STATUTE-

(a) Transfer authority of President of defense articles and

services located in Korea; applicable terms and conditions;

reimbursement

(1) The President is authorized until December 31, 1982 -

(A) to transfer, without reimbursement, to the Republic of

Korea, only in conjunction with the withdrawal of the 2d Infantry

Division and support forces from Korea, such United States

Government-owned defense articles as he may determine which are

located in Korea in the custody of units of the United States

Army scheduled to depart from Korea; and

(B) to furnish to the Republic of Korea, without reimbursement,

defense services (including technical and operational training)

in Korea directly related to the United States Government-owned

defense articles transferred to the Republic of Korea under this

subsection.

(2) Any transfer under the authority of this section shall be

made in accordance with all the terms and conditions of the Foreign

Assistance Act of 1961 [22 U.S.C. 2151 et seq.] applicable to the

furnishing of defense articles and defense services under chapter 2

of part II of that Act [22 U.S.C. 2311 et seq.], except that no

funds heretofore or hereafter appropriated under that Act shall be

available to reimburse any agency of the United States Government

for any such transfer or related services.

(b) Additional transfer authority of President of defense articles

located outside of Korea; prerequisites for determinations

respecting transfers; report by President to Congress of

determinations

In order that transfers of defense articles under subsection (a)

of this section will not cause significant adverse impact on the

readiness of the Armed Forces of the United States, the President

is authorized, in lieu of such transfers, to transfer additional

defense articles from the stocks of the Department of Defense,

wherever located, to the Republic of Korea to compensate for the

military capability of defense articles withdrawn from Korea in any

case where he determines that -

(1) the transfer of specific defense articles located in Korea

would have a significant adverse impact on the readiness of the

United States Armed Forces;

(2) the defense capability provided by those defense articles

is needed by the Armed Forces of the Republic of Korea in order

to maintain the military balance on the Korean peninsula; and

(3) a comparable defense capability could be provided by less

advanced defense articles in the stocks of the Department of

Defense which could be transferred without significant adverse

impact on the readiness of the United States Armed Forces.

The President shall report to the Congress each determination made

under this subsection prior to the transfer of the defense articles

described in such determination.

(c) Report by President to Congress of types, etc., of transferred

defense articles

The President shall transmit to the Congress, together with the

presentation materials for security assistance programs proposed

for each fiscal year through and including the fiscal year 1983, a

report describing the types, quantities, and value of defense

articles furnished or intended to be furnished to the Republic of

Korea under this section.

(d) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(12), Dec. 29,

1981, 95 Stat. 1560

(e) Congressional policy respecting further troop withdrawals

(1) It is the sense of the Congress that further withdrawal of

ground forces of the United States from the Republic of Korea may

seriously risk upsetting the military balance in that region and

requires full advance consultation with the Congress.

(2) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(12), Dec.

29, 1981, 95 Stat. 1560.

-SOURCE-

(Pub. L. 95-384, Sec. 23, Sept. 26, 1978, 92 Stat. 743; Pub. L.

97-113, title VII, Sec. 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec.

(a)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,

which is classified principally to this chapter (Sec. 2151 et

seq.). Chapter 2 of part II of that Act is classified generally to

part II (Sec. 2311 et seq.) of subchapter II of this chapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the International Security

Assistance Act of 1978, and not as part of the Foreign Assistance

Act of 1961 which comprises this chapter.

-MISC1-

AMENDMENTS

1981 - Subsec. (d). Pub. L. 97-113 struck out subsec. (d) which

required Presidential reports to Congress respecting viability of

troop withdrawals from Korea.

Subsec. (e)(2). Pub. L. 97-113 struck out par. (2) which required

Presidential reports to Congress respecting effect of further troop

withdrawals from Korea.

-End-

-CITE-

22 USC Secs. 2429, 2429a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Secs. 2429, 2429a. Repealed. Pub. L. 103-236, title VIII, Sec.

826(b), Apr. 30, 1994, 108 Stat. 519

-MISC1-

Section 2429, Pub. L. 87-195, pt. III, Sec. 669, as added Pub. L.

94-329, title III, Sec. 305, June 30, 1976, 90 Stat. 755; amended

Pub. L. 95-92, Sec. 12, Aug. 4, 1977, 91 Stat. 620; Pub. L. 95-384,

Secs. 10(b)(4), 12(c)(3), Sept. 26, 1978, 92 Stat. 735, 737; Pub.

L. 97-113, title VII, Sec. 737(b), Dec. 29, 1981, 95 Stat. 1562,

related to nuclear enrichment transfers by or to recipients of

economic, military or security supporting assistance from the

United States. See section 2799aa of this title.

Section 2429a, Pub. L. 87-195, pt. III, Sec. 670, as added Pub.

L. 95-92, Sec. 12, Aug. 4, 1977, 91 Stat. 620; amended Pub. L.

95-384, Secs. 10(b)(4), 12(c)(3), Sept. 26, 1978, 92 Stat. 735,

737; Pub. L. 97-113, title VII, Sec. 737(c), Dec. 29, 1981, 95

Stat. 1562; Pub. L. 99-83, title XII, Sec. 1204(a), (b), Aug. 8,

1985, 99 Stat. 277, prohibited assistance to countries involved in

transfer of nuclear reprocessing equipment, materials, or

technology. See section 2799aa-1 of this title.

EFFECTIVE DATE OF REPEAL

Repeal by section 826(b) of Pub. L. 103-236 effective 60 days

after Apr. 30, 1994, see section 831 of Pub. L. 103-236, set out as

an Effective Date note under section 6301 of this title.

-End-

-CITE-

22 USC Sec. 2429a-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2429a-1. Annual report on nuclear transfer activities

-STATUTE-

Beginning with the fiscal year 1983 and for each fiscal year

thereafter, the President shall prepare and transmit to the

Congress, as part of the presentation materials for foreign

assistance programs proposed for that fiscal year, a classified

report describing the nuclear programs and related activities of

any country for which a waiver of section 2799aa or 2799aa-1 of

this title is in effect, including an assessment of -

(1) the extent and effectiveness of International Atomic Energy

Agency safeguards at that country's nuclear facilities; and

(2) the capability, actions, and intentions of the government

of that country with respect to the manufacture or acquisition of

a nuclear explosive device.

-SOURCE-

(Pub. L. 97-113, title VII, Sec. 735, Dec. 29, 1981, 95 Stat. 1561;

Pub. L. 103-236, title VIII, Sec. 826(c), Apr. 30, 1994, 108 Stat.

519.)

-COD-

CODIFICATION

Section was enacted as part of the International Security and

Development Cooperation Act of 1981, and not as part of the Foreign

Assistance Act of 1961 which comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-236 substituted "section 2799aa or 2799aa-1"

for "section 2429 or 2429a".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,

1994, see section 831 of Pub. L. 103-236, set out as an Effective

Date note under section 6301 of this title.

-End-

-CITE-

22 USC Sec. 2429a-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2429a-2. Enforcement of nonproliferation treaties

-STATUTE-

(a) Policy

It is the sense of the Congress that the President should

instruct the United States Permanent Representative to the United

Nations to enhance the role of that institution in the enforcement

of nonproliferation treaties through the passage of a United

Nations Security Council resolution which would state that, any

non-nuclear weapon state that is found by the United Nations

Security Council, in consultation with the International Atomic

Energy Agency (IAEA), to have terminated, abrogated, or materially

violated an IAEA full-scope safeguards agreement would be subjected

to international economic sanctions, the scope of which to be

determined by the United Nations Security Council.

(b) Prohibition

Notwithstanding any other provision of law, no United States

assistance under the Foreign Assistance Act of 1961 [22 U.S.C. 2151

et seq.] shall be provided to any non-nuclear weapon state that is

found by the President to have terminated, abrogated, or materially

violated an IAEA full-scope safeguard agreement or materially

violated a bilateral United States nuclear cooperation agreement

entered into after March 10, 1978.

(c) Waiver

The President may waive the application of subsection (b) of this

section if -

(1) the President determines that the termination of such

assistance would be seriously prejudicial to the achievement of

United States nonproliferation objectives or otherwise jeopardize

the common defense and security; and

(2) the President reports such determination to the Congress at

least 15 days in advance of any resumption of assistance to that

state.

-SOURCE-

(Pub. L. 103-236, title V, Sec. 530, Apr. 30, 1994, 108 Stat. 479.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (b),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which

is classified principally to this chapter (Sec. 2151 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995, and not as part of

the Foreign Assistance Act of 1961 which comprises this chapter.

-End-

-CITE-

22 USC Sec. 2429b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

Part III - Miscellaneous Provisions

-HEAD-

Sec. 2429b. Transferred

-COD-

CODIFICATION

Section, Pub. L. 87-195, pt. III, Sec. 671, as added Pub. L.

95-88, title I, Sec. 130, Aug. 3, 1977, 91 Stat. 543, which related

to notification of program changes, was transferred to section

2394-1 of this title.

-End-

-CITE-

22 USC SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS

INITIATIVE 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-End-

-CITE-

22 USC Sec. 2430 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 2430. Purpose

-STATUTE-

The purpose of this subchapter is to encourage and support

improvement in the lives of the people of Latin America and the

Caribbean through market-oriented reforms and economic growth with

interrelated actions to promote debt reduction, investment reforms,

community based conservation, and sustainable use of the

environment, and child survival and child development. The Facility

will support these objectives through administration of debt

reduction operations under this subchapter for those countries with

democratically elected governments that meet investment reforms and

other policy conditions.

-SOURCE-

(Pub. L. 87-195, pt. IV, Sec. 701, as added Pub. L. 102-549, title

VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3664.)

-MISC1-

PRIOR PROVISIONS

A prior section 701 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75

Stat. 463, amended section 1651 of Title 42, The Public Health and

Welfare, prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug.

1, 1962, 76 Stat. 263, except insofar as section 701 affected

section 1651.

-End-

-CITE-

22 USC Sec. 2430a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 2430a. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "administering body" means the entity provided for

in section 2430g(c) of this title;

(2) the term "Americas Framework Agreement" means an Americas

Framework Agreement provided for in section 2430g of this title;

(3) the term "Americas Fund" means an Enterprise for the

Americas Fund provided for in section 2430f(a) of this title;

(4) the term "appropriate congressional committees" means the

Committee on Foreign Affairs and the Committee on Appropriations

of the House of Representatives and the Committee on Foreign

Relations and the Committee on Appropriations of the Senate;

(5) the term "beneficiary country" means an eligible country

with respect to which the authority of section 2430c(a)(1) of

this title is exercised;

(6) the term "eligible country" means a country designated by

the President in accordance with section 2430b of this title;

(7) the term "Enterprise for the Americas Board" or "Board"

means the board established by section 1738i of title 7; and

(8) the term "Facility" means the Enterprise for the Americas

Facility established in the Department of the Treasury by section

1738 of title 7.

-SOURCE-

(Pub. L. 87-195, pt. IV, Sec. 702, as added Pub. L. 102-549, title

VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3664.)

-MISC1-

PRIOR PROVISIONS

A prior section 702 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75

Stat. 463, amended section 1701 of Title 42, The Public Health and

Welfare, prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug.

1, 1962, 76 Stat. 263, except insofar as section 702 affected

section 1701.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

22 USC Sec. 2430b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 2430b. Eligibility for benefits

-STATUTE-

(a) Requirements

To be eligible for benefits from the Facility under this

subchapter, a country must be a Latin American or Caribbean country

-

(1) whose government is democratically elected;

(2) whose government has not repeatedly provided support for

acts of international terrorism;

(3) whose government is not failing to cooperate on

international narcotics control matters;

(4) whose government (including its military or other security

forces) does not engage in a consistent pattern of gross

violations of internationally recognized human rights;

(5) that has in effect, has received approval for, or, as

appropriate in exceptional circumstances, is making significant

progress toward -

(A) an International Monetary Fund standby arrangement,

extended Fund arrangement, or an arrangement under the

structural adjustment facility or enhanced structural

adjustment facility, or in exceptional circumstances, a Fund

monitored program or its equivalent, unless the President

determines (after consultation with the Enterprise for the

Americas Board) that such an arrangement or program (or its

equivalent) could reasonably be expected to have significant

adverse social or environmental effects; and

(B) as appropriate, structural or sectoral adjustment loans

from the International Bank for Reconstruction and Development

or the International Development Association, unless the

President determines (after consultation with the Enterprise

for the Americas Board) that the resulting adjustment

requirements could reasonably be expected to have significant

adverse social or environmental effects;

(6) has put in place major investment reforms in conjunction

with an Inter-American Development Bank loan or otherwise is

implementing, or is making significant progress toward, an open

investment regime; and

(7) if appropriate, has agreed with its commercial bank lenders

on a satisfactory financing program, including, as appropriate,

debt or debt service reduction.

(b) Eligibility determinations

Consistent with subsection (a) of this section, the President

shall determine whether a country is eligible to receive benefits

under this subchapter. The President shall notify the appropriate

congressional committees of his intention to designate a country as

an eligible country at least 15 days in advance of any formal

determination.

-SOURCE-

(Pub. L. 87-195, pt. IV, Sec. 703, as added Pub. L. 102-549, title

VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3664.)

-MISC1-

PRIOR PROVISIONS

A prior section 703 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75

Stat. 463, amended section 1613d of this title and enacted

provisions set out as a note under section 1613d of this title,

prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962,

76 Stat. 263, except insofar as section 703 affected section 1613d.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

Functions of President under this section delegated to Secretary

of the Treasury by section 1 of Ex. Ord. No. 12757, Mar. 19, 1991,

56 F.R. 12107, set out as a note under section 1738 of Title 7,

Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2430a, 2430g, 2431c of

this title.

-End-

-CITE-

22 USC Sec. 2430c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 2430c. Reduction of certain debt

-STATUTE-

(a) Authority to reduce debt

(1) Authority

The President may reduce the amount owed to the United States

(or any agency of the United States) that is outstanding as of

January 1, 1992, as a result of concessional loans made to an

eligible country by the United States under subchapter I of this

chapter, part IV of subchapter II of this chapter, or predecessor

foreign economic assistance legislation.

(2) Appropriations requirement

The authority provided by this section may be exercised only in

such amounts or to such extent as is provided in advance by

appropriations Acts.

(3) Certain prohibitions inapplicable

(A) A reduction of debt pursuant to this section shall not be

considered assistance for purposes of any provision of law

limiting assistance to a country.

(B) The authority of this section may be exercised

notwithstanding section 2370(r) of this title or section 321 of

the International Development and Food Assistance Act of 1975.

(b) Implementation of debt reduction

(1) In general

Any debt reduction pursuant to subsection (a) of this section

shall be accomplished at the direction of the Facility by the

exchange of a new obligation for obligations outstanding as of

the date specified in subsection (a)(1) of this section.

(2) Exchange of obligations

The Facility shall notify the agency primarily responsible for

administering subchapter I of this chapter of the agreement with

an eligible country to exchange a new obligation for outstanding

obligations pursuant to this subsection. At the direction of the

Facility, the old obligations shall be canceled and a new debt

obligation for the country shall be established, and the agency

primarily responsible for administering subchapter I of this

chapter shall make an adjustment in its accounts to reflect the

debt reduction.

-SOURCE-

(Pub. L. 87-195, pt. IV, Sec. 704, as added Pub. L. 102-549, title

VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3665.)

-REFTEXT-

REFERENCES IN TEXT

Section 321 of the International Development and Food Assistance

Act of 1975, referred to in subsec. (a)(3)(B), is section 321 of

Pub. L. 94-161, which is set out as a note under section 2220a of

this title.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-228, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

PRIOR PROVISIONS

A prior section 704 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75

Stat. 463, amended section 1704 of Title 7, Agriculture, prior to

repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat.

263, except insofar as section 704 affected section 1704.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

Functions of President under this section delegated to Secretary

of the Treasury by section 1 of Ex. Ord. No. 12757, Mar. 19, 1991,

56 F.R. 12107, set out as a note under section 1738 of Title 7,

Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2430a, 2430d, 2430e,

2431d of this title.

-End-

-CITE-

22 USC Sec. 2430d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 2430d. Repayment of principal

-STATUTE-

(a) Currency of payment

The principal amount of each new obligation issued pursuant to

section 2430c(b) of this title shall be repaid in United States

dollars.

(b) Deposit of payments

Principal repayments of new obligations shall be deposited in the

United States Government account established for principal

repayments of the obligations for which those obligations were

exchanged.

-SOURCE-

(Pub. L. 87-195, pt. IV, Sec. 705, as added Pub. L. 102-549, title

VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3666.)

-MISC1-

PRIOR PROVISIONS

A prior section 705 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75

Stat. 463, amended section 1964 of this title, prior to repeal by

Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,

except insofar as section 705 affected section 1964.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2431d of this title.

-End-

-CITE-

22 USC Sec. 2430e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 2430e. Interest on new obligations

-STATUTE-

(a) Rate of interest

New obligations issued by a beneficiary country pursuant to

section 2430c(b) of this title shall bear interest at a

concessional rate.

(b) Currency of payment; deposits

(1) Local currency

If the beneficiary country has entered into an Americas

Framework Agreement, interest shall be paid in the local currency

of the beneficiary country and deposited in an Americas Fund.

Such interest shall be the property of the beneficiary country,

until such time as it is disbursed pursuant to section 2430f(d)

of this title. Such local currencies shall be used for the

purposes specified in the Americas Framework Agreement.

(2) United States dollars

If the beneficiary country has not entered into an Americas

Framework Agreement, interest shall be paid in United States

dollars and deposited in the United States Government account

established for interest payments of the obligations for which

the new obligations were exchanged.

(c) Interest already paid

If a beneficiary country enters into an Americas Framework

Agreement subsequent to the date on which interest first became due

on the newly issued obligation, any interest already paid on such

new obligation shall not be redeposited into the Americas Fund

established for that country.

-SOURCE-

(Pub. L. 87-195, pt. IV, Sec. 706, as added Pub. L. 102-549, title

VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3666.)

-MISC1-

PRIOR PROVISIONS

A prior section 706 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75

Stat. 463, enacted section 1945 of this title, prior to repeal by

Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,

except insofar as section 706 affected section 1945.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2430f, 2430g, 2431d of

this title.

-End-

-CITE-

22 USC Sec. 2430f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 2430f. Enterprise for the Americas Funds

-STATUTE-

(a) Establishment

Each beneficiary country that enters into an Americas Framework

Agreement shall be required to establish an Enterprise for the

Americas Fund to receive payments in local currency pursuant to

section 2430e(b)(1) of this title.

(b) Deposits

Local currencies deposited in an Americas Fund shall not be

considered assistance for purposes of any provision of law limiting

assistance to a country.

(c) Investment

Deposits made in an Americas Fund shall be invested until

disbursed. Any return on such investment may be retained by the

Americas Fund, without deposit in the Treasury of the United States

and without further appropriation by the Congress.

(d) Disbursements

Funds in an Americas Fund shall be disbursed only pursuant to an

Americas Framework Agreement.

-SOURCE-

(Pub. L. 87-195, pt. IV, Sec. 707, as added Pub. L. 102-549, title

VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3666.)

-MISC1-

PRIOR PROVISIONS

A prior section 707 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75

Stat. 464, amended section 1783 of this title, prior to repeal by

Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,

except insofar as section 707 affected section 1783.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2430a, 2430e, 2431h of

this title.

-End-

-CITE-

22 USC Sec. 2430g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 2430g. Americas Framework Agreements

-STATUTE-

(a) Authority

The Secretary of State is authorized, in consultation with other

appropriate Government officials, to enter into an Americas

Framework Agreement with any eligible country concerning the

operation and use of the Americas Fund for that country. In the

negotiation of such Agreements, the Secretary shall consult with

the Enterprise for the Americas Board in accordance with section

2430h of this title.

(b) Contents of Agreements

An Americas Framework Agreement with an eligible country shall -

(1) require that country to establish an Americas Fund;

(2) require that country to make interest payments under

section 2430e(b)(1) of this title into an Americas Fund;

(3) require that country to make prompt disbursements from the

Americas Fund to the administering body described in subsection

(c) of this section;

(4) when appropriate, seek to maintain the value of the local

currency resources of the Americas Fund in terms of United States

dollars;

(5) specify, in accordance with subsection (d) of this section,

the purposes for which amounts in an Americas Fund may be used;

and

(6) contain reasonable provisions for the enforcement of the

terms of the agreement.

(c) Administering body

(1) In general

Funds disbursed from the Americas Fund in each beneficiary

country shall be administered by a body constituted under the

laws of that country.

(2) Composition

The administering body shall consist of -

(A) one or more individuals appointed by the United States

Government,

(B) one or more individuals appointed by the government of

the beneficiary country, and

(C) individuals who represent a broad range of -

(i) environmental nongovernmental organizations of the

beneficiary country,

(ii) child survival and child development nongovernmental

organizations of the beneficiary country,

(iii) local community development nongovernmental

organizations of the beneficiary country, and

(iv) scientific or academic organizations or institutions

of the beneficiary country.

A majority of the members of the administering body shall be

individuals described in subparagraph (C).

(3) Responsibilities

The administering body -

(A) shall receive proposals for grant assistance from

eligible grant recipients (as determined under subsection (e)

of this section) and make grants to eligible grant recipients

in accordance with the priorities agreed upon in the Americas

Framework Agreement, consistent with subsection (d) of this

section;

(B) shall be responsible for the management of the program

and oversight of grant activities funded from resources of the

Americas Fund;

(C) shall be subject, on an annual basis, to an audit of

financial statements conducted in accordance with generally

accepted auditing standards by an independent auditor;

(D) shall be required to grant to representatives of the

United States General Accounting Office such access to books

and records associated with operations of the Americas Fund as

the Comptroller General of the United States may request;

(E) shall present an annual program for review each year by

the Enterprise for the Americas Board; and

(F) shall submit a report each year on the activities that it

undertook during the previous year to the Chair of the

Enterprise for the Americas Board and to the government of the

beneficiary country.

(d) Eligible activities

Grants from an Americas Fund shall be used for -

(1) activities that link the conservation and sustainable use

of natural resources with local community development; and

(2) child survival and other child development activities.

(e) Grant recipients

Grants made from an Americas Fund shall be made to -

(1) nongovernmental environmental, conservation, child survival

and child development, development, and indigenous peoples

organizations of the beneficiary country;

(2) other appropriate local or regional entities; and

(3) in exceptional circumstances, the government of the

beneficiary country.

(f) Review of larger grants

Any grant of more than $100,000 from an Americas Fund shall be

subject to veto by the Government of the United States or the

government of the beneficiary country.

(g) Eligibility criteria

In the event that a country ceases to meet the eligibility

requirements set forth in section 2430b(a) of this title, as

determined by the President pursuant to section 2430b(b) of this

title, then grants from the Americas Fund for that country may only

be made to nongovernmental organizations until such time as the

President determines that such country meets the eligibility

requirements set forth in section 2430b(a) of this title.

-SOURCE-

(Pub. L. 87-195, pt. IV, Sec. 708, as added Pub. L. 102-549, title

VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3667.)

-MISC1-

PRIOR PROVISIONS

A prior section 708 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75

Stat. 464, amended sections 1041, 1112, 1136, 1148, and 1157 of

this title, prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401,

Aug. 1, 1962, 76 Stat. 263, except insofar as section 708 affected

sections 1041, 1112, 1136, 1148, and 1157.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2430a, 2431g of this

title.

-End-

-CITE-

22 USC Sec. 2430h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 2430h. Enterprise for the Americas Board

-STATUTE-

For purposes of this subchapter, the Enterprise for the Americas

Board shall -

(1) advise the Secretary of State on the negotiations of

Americas Framework Agreements;

(2) ensure, in consultation with -

(A) the government of the beneficiary country,

(B) nongovernmental organizations of the beneficiary country,

(C) nongovernmental organizations of the region (if

appropriate),

(D) environmental, scientific, child survival and child

development, and academic leaders of the beneficiary country,

and

(E) environmental, scientific, child survival and child

development, and academic leaders of the region (as

appropriate),

that a suitable administering body is identified for each

Americas Fund; and

(3) review the programs, operations, and fiscal audits of each

administering body.

-SOURCE-

(Pub. L. 87-195, pt. IV, Sec. 709, as added Pub. L. 102-549, title

VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3668.)

-MISC1-

PRIOR PROVISIONS

A prior section 709 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75

Stat. 465, amended section 279a of this title, prior to repeal by

Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,

except insofar as section 709 affected section 279a.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2430g of this title.

-End-

-CITE-

22 USC Sec. 2430i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 2430i. Omitted

-COD-

CODIFICATION

Section, Pub. L. 87-195, pt. IV, Sec. 710, as added Pub. L.

102-549, title VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3669,

which required the report submitted under section 1738m of Title 7,

Agriculture, to include a description of each Americas Framework

Agreement and of grants pursuant to Agreements, was omitted because

section 1738m of Title 7 terminated effective May 15, 2000. See

Codification note set out under former section 1738m of Title 7.

-MISC1-

PRIOR PROVISIONS

A prior section 710 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75

Stat. 465, amended section 276 of this title and enacted provisions

set out as a note under section 276 of this title, prior to repeal

by Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,

except insofar as section 710 affected section 276.

-End-

-CITE-

22 USC SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING

COUNTRIES WITH TROPICAL

FORESTS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-MISC1-

PRIOR PROVISIONS

A prior subchapter IV, Indochina Postwar Reconstruction,

consisted of sections 2431 to 2435, prior to repeal by Pub. L.

94-329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761.

-End-

-CITE-

22 USC Sec. 2431 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431. Findings and purposes

-STATUTE-

(a) Findings

The Congress finds the following:

(1) It is the established policy of the United States to

support and seek protection of tropical forests around the world.

(2) Tropical forests provide a wide range of benefits to

humankind by -

(A) harboring a major share of the Earth's biological and

terrestrial resources, which are the basis for developing

pharmaceutical products and revitalizing agricultural crops;

(B) playing a critical role as carbon sinks in reducing

greenhouse gases in the atmosphere, thus moderating potential

global climate change; and

(C) regulating hydrological cycles on which far-flung

agricultural and coastal resources depend.

(3) International negotiations and assistance programs to

conserve forest resources have proliferated over the past decade,

but the rapid rate of tropical deforestation continues unabated.

(4) Developing countries with urgent needs for investment and

capital for development have allocated a significant amount of

their forests to logging concessions.

(5) Poverty and economic pressures on the populations of

developing countries have, over time, resulted in clearing of

vast areas of forest for conversion to agriculture, which is

often unsustainable in the poor soils underlying tropical

forests.

(6) Debt reduction can reduce economic pressures on developing

countries and result in increased protection for tropical

forests.

(7) Finding economic benefits to local communities from

sustainable uses of tropical forests is critical to the

protection of tropical forests.

(b) Purposes

The purposes of this subchapter are -

(1) to recognize the values received by United States citizens

from protection of tropical forests;

(2) to facilitate greater protection of tropical forests (and

to give priority to protecting tropical forests with the highest

levels of biodiversity and under the most severe threat) by

providing for the alleviation of debt in countries where tropical

forests are located, thus allowing the use of additional

resources to protect these critical resources and reduce economic

pressures that have led to deforestation;

(3) to ensure that resources freed from debt in such countries

are targeted to protection of tropical forests and their

associated values; and

(4) to rechannel existing resources to facilitate the

protection of tropical forests.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 802, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 885.)

-MISC1-

PRIOR PROVISIONS

A prior section 2431, Pub. L. 87-195, pt. V, Sec. 801, as added

Pub. L. 93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 728, authorized

the President to furnish assistance for relief and reconstruction

of South Vietnam, Cambodia, and Laos, prior to repeal by Pub. L.

94-329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761.

A prior section 802 of Pub. L. 87-195, pt. V, was classified to

section 2432 of this title prior to repeal by Pub. L. 94-329.

SHORT TITLE

For short title of this subchapter as the "Tropical Forest

Conservation Act of 1998", see section 801 of Pub. L. 87-195, set

out as a note under section 2151 of this title.

-End-

-CITE-

22 USC Sec. 2431a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431a. Definitions

-STATUTE-

As used in this subchapter:

(1) Administering body

The term "administering body" means the entity provided for in

section 2431g(c) of this title.

(2) Appropriate congressional committees

The term "appropriate congressional committees" means -

(A) the Committee on International Relations and the

Committee on Appropriations of the House of Representatives;

and

(B) the Committee on Foreign Relations and the Committee on

Appropriations of the Senate.

(3) Beneficiary country

The term "beneficiary country" means an eligible country with

respect to which the authority of section 2431d(a)(1) of this

title, section 2431e(a)(1) of this title, or paragraph (1) or (2)

of section 2431f(a) of this title is exercised.

(4) Board

The term "Board" means the board referred to in section 2431i

of this title.

(5) Developing country with a tropical forest

The term "developing country with a tropical forest" means -

(A)(i) a country that has a per capita income of $725 or less

in 1994 United States dollars (commonly referred to as

"low-income country"), as determined and adjusted on an annual

basis by the International Bank for Reconstruction and

Development in its World Development Report; or

(ii) a country that has a per capita income of more than $725

but less than $8,956 in 1994 United States dollars (commonly

referred to as "middle-income country"), as determined and

adjusted on an annual basis by the International Bank for

Reconstruction and Development in its World Development Report;

and

(B) a country that contains at least one tropical forest that

is globally outstanding in terms of its biological diversity or

represents one of the larger intact blocks of tropical forests

left, on a regional, continental, or global scale.

(6) Eligible country

The term "eligible country" means a country designated by the

President in accordance with section 2431c of this title.

(7) Tropical Forest Agreement

The term "Tropical Forest Agreement" or "Agreement" means a

Tropical Forest Agreement provided for in section 2431g of this

title.

(8) Tropical Forest Facility

The term "Tropical Forest Facility" or "Facility" means the

Tropical Forest Facility established in the Department of the

Treasury by section 2431b of this title.

(9) Tropical Forest Fund

The term "Tropical Forest Fund" or "Fund" means a Tropical

Forest Fund provided for in section 2431h of this title.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 803, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 886.)

-MISC1-

PRIOR PROVISIONS

A prior section 803 of Pub. L. 87-195, pt. V, was classified to

section 2433 of this title prior to repeal by Pub. L. 94-329.

-End-

-CITE-

22 USC Sec. 2431b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431b. Establishment of Facility

-STATUTE-

There is established in the Department of the Treasury an entity

to be known as the "Tropical Forest Facility" for the purpose of

providing for the administration of debt reduction in accordance

with this subchapter.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 804, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 887.)

-MISC1-

PRIOR PROVISIONS

A prior section 804 of Pub. L. 87-195, pt. V, was classified to

section 2434 of this title prior to repeal by Pub. L. 94-329.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2431a of this title.

-End-

-CITE-

22 USC Sec. 2431c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431c. Eligibility for benefits

-STATUTE-

(a) In general

To be eligible for benefits from the Facility under this

subchapter, a country shall be a developing country with a tropical

forest -

(1) whose government meets the requirements applicable to Latin

American or Caribbean countries under paragraphs (1) through (5)

and (7) of section 2430b(a) of this title; and

(2) that has put in place investment reforms, as evidenced by

the conclusion of a bilateral investment treaty with the United

States, implementation of an investment sector loan with the

Inter-American Development Bank, World Bank-supported investment

reforms, or other measures, as appropriate.

(b) Eligibility determinations

(1) In general

Consistent with subsection (a) of this section, the President

shall determine whether a country is eligible to receive benefits

under this subchapter.

(2) Congressional notification

The President shall notify the appropriate congressional

committees of his intention to designate a country as an eligible

country at least 15 days in advance of any formal determination.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 805, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 887; amended Pub. L. 107-26, Sec. 1, Aug.

17, 2001, 115 Stat. 206.)

-MISC1-

PRIOR PROVISIONS

A prior section 805 of Pub. L. 87-195, pt. V, enacted a provision

set out as a note under former section 2431 of this title prior to

repeal by Pub. L. 94-329, title IV, Sec. 413(a), June 30, 1976, 90

Stat. 761.

AMENDMENTS

2001 - Subsec. (a)(2). Pub. L. 107-26 struck out "major" before

"investment reforms,".

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2431a, 2431g of this

title.

-End-

-CITE-

22 USC Sec. 2431d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431d. Reduction of debt owed to United States as result of

concessional loans under this chapter

-STATUTE-

(a) Authority to reduce debt

(1) Authority

The President may reduce the amount owed to the United States

(or any agency of the United States) that is outstanding as of

January 1, 1998, as a result of concessional loans made to an

eligible country by the United States under subchapter I of this

chapter, part IV of subchapter II of this chapter, or predecessor

foreign economic assistance legislation.

(2) Authorization of appropriations

For the cost (as defined in section 661a(5) of title 2) for the

reduction of any debt pursuant to this section, there are

authorized to be appropriated to the President -

(A) $25,000,000 for fiscal year 1999;

(B) $75,000,000 for fiscal year 2000; and

(C) $100,000,000 for fiscal year 2001.

(3) Certain prohibitions inapplicable

(A) In general

A reduction of debt pursuant to this section shall not be

considered assistance for purposes of any provision of law

limiting assistance to a country.

(B) Additional requirement

The authority of this section may be exercised

notwithstanding section 2370(r) of this title or section 321 of

the International Development and Food Assistance Act of 1975.

(b) Implementation of debt reduction

(1) In general

Any debt reduction pursuant to subsection (a) of this section

shall be accomplished at the direction of the Facility by the

exchange of a new obligation for obligations of the type referred

to in subsection (a) of this section outstanding as of the date

specified in subsection (a)(1) of this section.

(2) Exchange of obligations

(A) In general

The Facility shall notify the agency primarily responsible

for administering subchapter I of this chapter of an agreement

entered into under paragraph (1) with an eligible country to

exchange a new obligation for outstanding obligations.

(B) Additional requirement

At the direction of the Facility, the old obligations that

are the subject of the agreement shall be canceled and a new

debt obligation for the country shall be established relating

to the agreement, and the agency primarily responsible for

administering subchapter I of this chapter shall make an

adjustment in its accounts to reflect the debt reduction.

(c) Additional terms and conditions

The following additional terms and conditions shall apply to the

reduction of debt under subsection (a)(1) of this section in the

same manner as such terms and conditions apply to the reduction of

debt under section 2430c(a)(1) of this title:

(1) The provisions relating to repayment of principal under

section 2430d of this title.

(2) The provisions relating to interest on new obligations

under section 2430e of this title.

(d) Authorization of appropriations for fiscal years after fiscal

year 2001

For the cost (as defined in section 661a(5) of title 2) for the

reduction of any debt pursuant to this section or section 2431e of

this title, there are authorized to be appropriated to the

President the following:

(1) $50,000,000 for fiscal year 2002.

(2) $75,000,000 for fiscal year 2003.

(3) $100,000,000 for fiscal year 2004.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 806, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 887; amended Pub. L. 107-26, Sec. 2(a),

Aug. 17, 2001, 115 Stat. 206.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in section catchline, was in the

original "the Foreign Assistance Act of 1961", meaning Pub. L.

87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is

classified principally to this chapter (Sec. 2151 et seq.). For

complete classification of the Act to the Code, see Short Title

note set out under section 2151 of this title and Tables.

Section 321 of the International Development and Food Assistance

Act of 1975, referred to in subsec. (a)(3)(B), is section 321 of

Pub. L. 94-161, Dec. 20, 1975, 89 Stat. 868, which is set out as a

note under section 2220a of this title.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

PRIOR PROVISIONS

A prior section 806 of Pub. L. 87-195, pt. V, was classified to

section 2435 of this title prior to repeal by Pub. L. 94-329.

AMENDMENTS

2001 - Subsec. (d). Pub. L. 107-26 added subsec. (d).

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2431a, 2431f of this

title.

-End-

-CITE-

22 USC Sec. 2431e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431e. Reduction of debt owed to United States as result of

credits extended under title I of Agricultural Trade Development

and Assistance Act of 1954

-STATUTE-

(a) Authority to reduce debt

(1) Authority

Notwithstanding any other provision of law, the President may

reduce the amount owed to the United States (or any agency of the

United States) that is outstanding as of January 1, 1998, as a

result of any credits extended under title I of the Agricultural

Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et

seq.) to a country eligible for benefits from the Facility.

(2) Authorization of appropriations

(A) In general

For the cost (as defined in section 661a(5) of title 2) for

the reduction of any debt pursuant to this section, there are

authorized to be appropriated to the President -

(i) $25,000,000 for fiscal year 1999;

(ii) $50,000,000 for fiscal year 2000; and

(iii) $50,000,000 for fiscal year 2001.

(B) Limitation

The authority provided by this section shall be available

only to the extent that appropriations for the cost (as defined

in section 661a(5) of title 2) of the modification of any debt

pursuant to this section are made in advance.

(b) Implementation of debt reduction

(1) In general

Any debt reduction pursuant to subsection (a) of this section

shall be accomplished at the direction of the Facility by the

exchange of a new obligation for obligations of the type referred

to in subsection (a) of this section outstanding as of the date

specified in subsection (a)(1) of this section.

(2) Exchange of obligations

(A) In general

The Facility shall notify the Commodity Credit Corporation of

an agreement entered into under paragraph (1) with an eligible

country to exchange a new obligation for outstanding

obligations.

(B) Additional requirement

At the direction of the Facility, the old obligations that

are the subject of the agreement shall be canceled and a new

debt obligation shall be established for the country relating

to the agreement, and the Commodity Credit Corporation shall

make an adjustment in its accounts to reflect the debt

reduction.

(c) Additional terms and conditions

The following additional terms and conditions shall apply to the

reduction of debt under subsection (a)(1) of this section in the

same manner as such terms and conditions apply to the reduction of

debt under section 604(a)(1) of the Agricultural Trade Development

and Assistance Act of 1954 [7 U.S.C. 1738c(a)(1)]:

(1) The provisions relating to repayment of principal under

section 605 of such Act [7 U.S.C. 1738d].

(2) The provisions relating to interest on new obligations

under section 606 of such Act [7 U.S.C. 1738e].

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 807, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 888.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsec. (a)(1), is act July 10, 1954, ch. 469, 68

Stat. 454, as amended. Title I of the Act is classified generally

to subchapter II (Sec. 1701 et seq.) of chapter 41 of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 1691 of Title 7 and

Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2431a, 2431d, 2431f of

this title.

-End-

-CITE-

22 USC Sec. 2431f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431f. Authority to engage in debt-for-nature swaps and debt

buybacks

-STATUTE-

(a) Loans and credits eligible for sale, reduction, or cancellation

(1) Debt-for-nature swaps

(A) In general

Notwithstanding any other provision of law, the President

may, in accordance with this section, sell to any eligible

purchaser described in subparagraph (B) any concessional loans

described in section 2431d(a)(1) of this title or any credits

described in section 2431e(a)(1) of this title, or on receipt

of payment from an eligible purchaser described in subparagraph

(B), reduce or cancel such loans (or credits) or portion

thereof, only for the purpose of facilitating a debt-for-nature

swap to support eligible activities described in section

2431g(d) of this title.

(B) Eligible purchaser described

A loan or credit may be sold, reduced, or canceled under

subparagraph (A) only to a purchaser who presents plans

satisfactory to the President for using the loan or credit for

the purpose of engaging in debt-for-nature swaps to support

eligible activities described in section 2431g(d) of this

title.

(C) Consultation requirement

Before the sale under subparagraph (A) to any eligible

purchaser described in subparagraph (B), or any reduction or

cancellation under such subparagraph (A), of any loan or credit

made to an eligible country, the President shall consult with

the country concerning the amount of loans or credits to be

sold, reduced, or canceled and their uses for debt-for-nature

swaps to support eligible activities described in section

2431g(d) of this title.

(D) Authorization of appropriations

For the cost (as defined in section 661a(5) of title 2) for

the reduction of any debt pursuant to subparagraph (A), amounts

authorized to be appropriated under sections 2431d(a)(2),

2431e(a)(2), and 2431d(d) of this title shall be made available

for such reduction of debt pursuant to subparagraph (A).

(2) Debt buybacks

Notwithstanding any other provision of law, the President may,

in accordance with this section, sell to any eligible country any

concessional loans described in section 2431d(a)(1) of this title

or any credits described in section 2431e(a)(1) of this title, or

on receipt of payment from an eligible country, reduce or cancel

such loans (or credits) or portion thereof, only for the purpose

of facilitating a debt buyback by an eligible country of its own

qualified debt, only if the eligible country uses an additional

amount of the local currency of the eligible country, equal to

not less than the lessor of 40 percent of the price paid for such

debt by such eligible country, or the difference between the

price paid for such debt and the face value of such debt, to

support eligible activities described in section 2431g(d) of this

title.

(3) Limitation

The authority provided by paragraphs (1) and (2) shall be

available only to the extent that appropriations for the cost (as

defined in section 661a(5) of title 2) of the modification of any

debt pursuant to such paragraphs are made in advance.

(4) Terms and conditions

Notwithstanding any other provision of law, the President

shall, in accordance with this section, establish the terms and

conditions under which loans and credits may be sold, reduced, or

canceled pursuant to this section.

(5) Administration

(A) In general

The Facility shall notify the administrator of the agency

primarily responsible for administering subchapter I of this

chapter or the Commodity Credit Corporation, as the case may

be, of eligible purchasers described in paragraph (1)(B) that

the President has determined to be eligible under paragraph

(1), and shall direct such agency or Corporation, as the case

may be, to carry out the sale, reduction, or cancellation of a

loan pursuant to such paragraph.

(B) Additional requirement

Such agency or Corporation, as the case may be, shall make an

adjustment in its accounts to reflect the sale, reduction, or

cancellation.

(b) Deposit of proceeds

The proceeds from the sale, reduction, or cancellation of any

loan sold, reduced, or canceled pursuant to this section shall be

deposited in the United States Government account or accounts

established for the repayment of such loan.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 808, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 889; amended Pub. L. 107-26, Sec. 2(b),

Aug. 17, 2001, 115 Stat. 206.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1)(D). Pub. L. 107-26 substituted "to be

appropriated under sections 2431d(a)(2), 2431e(a)(2), and 2431d(d)

of this title" for "to appropriated under sections 2431d(a)(2) and

2431e(a)(2) of this title".

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2431a of this title.

-End-

-CITE-

22 USC Sec. 2431g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431g. Tropical Forest Agreement

-STATUTE-

(a) Authority

(1) In general

The Secretary of State is authorized, in consultation with

other appropriate officials of the Federal Government, to enter

into a Tropical Forest Agreement with any eligible country

concerning the operation and use of the Fund for that country.

(2) Consultation

In the negotiation of such an Agreement, the Secretary shall

consult with the Board in accordance with section 2431i of this

title.

(b) Contents of Agreement

The requirements contained in section 2430g(b) of this title

(relating to contents of an agreement) shall apply to an Agreement

in the same manner as such requirements apply to an Americas

Framework Agreement.

(c) Administering body

(1) In general

Amounts disbursed from the Fund in each beneficiary country

shall be administered by a body constituted under the laws of

that country.

(2) Composition

(A) In general

The administering body shall consist of -

(i) one or more individuals appointed by the United States

Government;

(ii) one or more individuals appointed by the government of

the beneficiary country; and

(iii) individuals who represent a broad range of -

(I) environmental nongovernmental organizations of, or

active in, the beneficiary country;

(II) local community development nongovernmental

organizations of the beneficiary country; and

(III) scientific, academic, or forestry organizations of

the beneficiary country.

(B) Additional requirement

A majority of the members of the administering body shall be

individuals described in subparagraph (A)(iii).

(3) Responsibilities

The requirements contained in section 2430g(c)(3) of this title

(relating to responsibilities of the administering body) shall

apply to an administering body described in paragraph (1) in the

same manner as such requirements apply to an administering body

described in section 2430g(c)(1) of this title.

(d) Eligible activities

Amounts deposited in a Fund shall be used only to provide grants

to conserve, maintain, and restore the tropical forests in the

beneficiary country, through one or more of the following

activities:

(1) Establishment, restoration, protection, and maintenance of

parks, protected areas, and reserves.

(2) Development and implementation of scientifically sound

systems of natural resource management, including land and

ecosystem management practices.

(3) Training programs to increase the scientific, technical,

and managerial capacities of individuals and organizations

involved in conservation efforts.

(4) Restoration, protection, or sustainable use of diverse

animal and plant species.

(5) Research and identification of medicinal uses of tropical

forest plant life to treat human diseases, illnesses, and health

related concerns.

(6) Development and support of the livelihoods of individuals

living in or near a tropical forest in a manner consistent with

protecting such tropical forest.

(e) Grant recipients

(1) In general

Grants made from a Fund shall be made to -

(A) nongovernmental environmental, forestry, conservation,

and indigenous peoples organizations of, or active in, the

beneficiary country;

(B) other appropriate local or regional entities of, or

active in, the beneficiary country; or

(C) in exceptional circumstances, the government of the

beneficiary country.

(2) Priority

In providing grants under paragraph (1), priority shall be

given to projects that are run by nongovernmental organizations

and other private entities and that involve local communities in

their planning and execution.

(f) Review of larger grants

Any grant of more than $100,000 from a Fund shall be subject to

veto by the Government of the United States or the government of

the beneficiary country.

(g) Eligibility criteria

In the event that a country ceases to meet the eligibility

requirements set forth in section 2431c(a) of this title, as

determined by the President pursuant to section 2431c(b) of this

title, then grants from the Fund for that country may only be made

to nongovernmental organizations until such time as the President

determines that such country meets the eligibility requirements set

forth in section 2431c(a) of this title.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 809, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 890.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2431a, 2431f, 2431h of

this title.

-End-

-CITE-

22 USC Sec. 2431h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431h. Tropical Forest Fund

-STATUTE-

(a) Establishment

Each beneficiary country that enters into a Tropical Forest

Agreement under section 2431g of this title shall be required to

establish a Tropical Forest Fund to receive payments of interest on

new obligations undertaken by the beneficiary country under this

subchapter.

(b) Requirements relating to operation of Fund

The following terms and conditions shall apply to the Fund in the

same manner as such terms as (!1) conditions apply to an Enterprise

for the Americas Fund under section 2430f of this title:

(1) The provision relating to deposits under subsection (b) of

such section.

(2) The provision relating to investments under subsection (c)

of such section.

(3) The provision relating to disbursements under subsection

(d) of such section.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 810, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 892.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2431a of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "and".

-End-

-CITE-

22 USC Sec. 2431i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431i. Board

-STATUTE-

(a) Enterprise for the Americas Board

The Enterprise for the Americas Board established under section

1738i(a) of title 7 shall, in addition to carrying out the

responsibilities of the Board under section 1738i(c) of title 7,

carry out the duties described in subsection (c) of this section

for the purposes of this subchapter.

(b) Additional membership

(1) In general

The Enterprise for the Americas Board shall be composed of an

additional four members appointed by the President as follows:

(A) Two representatives from the United States Government,

including a representative of the International Forestry

Division of the United States Forest Service.

(B) Two representatives from private nongovernmental

environmental, scientific, forestry, or academic organizations

with experience and expertise in preservation, maintenance,

sustainable uses, and restoration of tropical forests.

(2) Chairperson

Notwithstanding section 1738i(b)(2) of title 7, the Enterprise

for the Americas Board shall be headed by a chairperson who shall

be appointed by the President and shall be the representative

from the Department of State appointed under section

1738i(b)(1)(A) of title 7.

(c) Duties

The duties described in this subsection are as follows:

(1) Advise the Secretary of State on the negotiations of

Tropical Forest Agreements.

(2) Ensure, in consultation with -

(A) the government of the beneficiary country;

(B) nongovernmental organizations of the beneficiary country;

(C) nongovernmental organizations of the region (if

appropriate);

(D) environmental, scientific, forestry, and academic leaders

of the beneficiary country; and

(E) environmental, scientific, forestry, and academic leaders

of the region (as appropriate),

that a suitable administering body is identified for each Fund.

(3) Review the programs, operations, and fiscal audits of each

administering body.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 811, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 892; amended Pub. L. 107-26, Sec. 3, Aug.

17, 2001, 115 Stat. 206.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(2). Pub. L. 107-26 substituted "and shall be

the representative from the Department of State appointed under

section 1738i(b)(1)(A) of title 7" for "from among the

representatives appointed under section 1738i(b)(1)(A) of title 7

or paragraph (1)(A) of this subsection".

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2431a, 2431g of this

title.

-End-

-CITE-

22 USC Sec. 2431j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431j. Consultations with Congress

-STATUTE-

The President shall consult with the appropriate congressional

committees on a periodic basis to review the operation of the

Facility under this subchapter and the eligibility of countries for

benefits from the Facility under this subchapter.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 812, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 893.)

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2431k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

-HEAD-

Sec. 2431k. Annual reports to Congress

-STATUTE-

(a) In general

Not later than December 31 of each year, the President shall

prepare and transmit to the Congress an annual report concerning

the operation of the Facility for the prior fiscal year. Such

report shall include -

(1) a description of the activities undertaken by the Facility

during the previous fiscal year;

(2) a description of any Agreement entered into under this

subchapter;

(3) a report on any Funds that have been established under this

subchapter and on the operations of such Funds; and

(4) a description of any grants that have been provided by

administering bodies pursuant to Agreements under this

subchapter.

(b) Supplemental views in annual report

Not later than December 15 of each year, each member of the Board

shall be entitled to receive a copy of the report required under

subsection (a) of this section. Each member of the Board may

prepare and submit supplemental views to the President on the

implementation of this subchapter by December 31 for inclusion in

the annual report when it is transmitted to Congress pursuant to

this section.

-SOURCE-

(Pub. L. 87-195, pt. V, Sec. 813, as added Pub. L. 105-214, Sec. 1,

July 29, 1998, 112 Stat. 893.)

-MISC1-

PRIOR PROVISIONS

Prior sections 2432 to 2435 were repealed by Pub. L. 94-329,

title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761.

Section 2432, Pub. L. 87-195, pt. V, Sec. 802, as added Pub. L.

93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 728, authorized

appropriation of $504,000,000 for fiscal year 1974 to remain

available until expended for relief and reconstruction of South

Vietnam, Cambodia, and Laos.

Section 2433, Pub. L. 87-195, pt. V, Sec. 803, as added Pub. L.

93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 728, provided for

assistance to South Vietnamese children.

Section 2434, Pub. L. 87-195, pt. V, Sec. 804, as added Pub. L.

93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 729, made provision for

assistance to the Center for Plastic and Reconstructive Surgery in

Saigon.

Section 2435, Pub. L. 87-195, pt. V, Sec. 806, as added Pub. L.

93-559, Sec. 41, Dec. 30, 1974, 88 Stat. 1812, directed that

provisions covering special programs for relief of South Vietnam,

Cambodia, and Laos not apply to programs related to population

growth, narcotics control, humanitarian programs by international

organizations, and regional programs.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC SUBCHAPTER V - MIDDLE EAST ASSISTANCE 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER V - MIDDLE EAST ASSISTANCE

-HEAD-

SUBCHAPTER V - MIDDLE EAST ASSISTANCE

-End-

-CITE-

22 USC Secs. 2441 to 2443 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER V - MIDDLE EAST ASSISTANCE

-HEAD-

Secs. 2441 to 2443. Repealed. Pub. L. 95-384, Sec. 12(c)(4), Sept.

26, 1978, 92 Stat. 737

-MISC1-

Section 2441, Pub. L. 87-195, pt. VI, Sec. 901, as added Pub. L.

93-559, Sec. 42, Dec. 30, 1974, 88 Stat. 1812; amended Pub. L.

94-329, title IV, Sec. 401, June 30, 1976, 90 Stat. 756, related to

Congressional statement of policy with regard to Middle East

assistance.

Section 2442, Pub. L. 87-195, pt. VI, Sec. 902, as added Pub. L.

93-559, Sec. 42, Dec. 30, 1974, 88 Stat. 1812, related to

allocations of funds with regard to Middle East assistance.

Section 2443, Pub. L. 87-195, pt. VI, Sec. 903, as added Pub. L.

93-559, Sec. 42, Dec. 30, 1974, 88 Stat. 1812; amended Pub. L.

94-329, title V, Sec. 502, June 30, 1976, 90 Stat. 763; Pub. L.

95-92, Sec. 13, Aug. 4, 1977, 91 Stat. 621, related to a special

requirements fund with regard to Middle East assistance.

-End-