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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-CITE-

22 USC Secs. 2319 to 2321 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Secs. 2319 to 2321. Repealed. Pub. L. 93-189, Sec. 12(b)(5), Dec.

17, 1973, 87 Stat. 722

-MISC1-

Section 2319, Pub. L. 87-195, pt. II, Sec. 507, formerly Secs.

505(b), 511, Sept. 4, 1961, 75 Stat. 436, 438; amended Pub. L.

88-205, pt. II, Sec. 202(d), Dec. 16, 1963, 77 Stat. 384; Pub. L.

89-171, pt. II, Sec. 201(c), (h), Sept. 6, 1965, 79 Stat. 656, 658;

renumbered Sec. 507 and amended Pub. L. 90-137, pt. II Sec. 201(k),

(l), Nov. 14, 1967, 81 Stat. 457; Pub. L. 90-554, pt. II, Sec.

201(c), Oct. 8, 1968, 82 Stat. 963; Pub. L. 92-226, pt. II, Sec.

201(e), Feb. 7, 1972, 86 Stat. 25, placed certain restrictions on

military aid to Latin America.

Section 2320, Pub. L. 87-195, pt. II, Sec. 508, formerly Sec.

512, as added Pub. L. 88-205, pt. II, Sec. 202(e), Dec. 16, 1963,

77 Stat. 384; amended Pub. L. 86-633, pt. II, Sec. 201(f), Oct. 7,

1964, 78 Stat. 1012; Pub. L. 89-171, pt. II, Sec. 201(i), Sept. 6,

1965, 79 Stat. 658; Pub. L. 89-583, pt. II, Sec. 201(e), Sept. 19,

1966, 80 Stat. 803; renumbered Sec. 508 and amended Pub. L. 90-137,

pt. II, Sec. 201(m), Nov. 14, 1967, 81 Stat. 457; Pub. L. 90-554,

pt. II, Sec. 201(d), Oct. 8, 1968, 82 Stat. 963, placed certain

restrictions on military aid to African countries.

Section 2321, Pub. L. 87-195, pt. II, Sec. 509, formerly Sec.

513, as added Pub. L. 88-633, pt. II, Sec. 201(g), Oct. 7, 1964, 78

Stat. 1012; renumbered Sec. 509 and amended Pub. L. 90-137, pt. II,

Sec. 201(n), Nov. 14, 1967, 81 Stat. 457, provided for the giving

of certification of recipients' capabilities to utilize defense

articles effectively and for the making of a report to the Speaker

of the House and the Senate's Foreign Relations and Appropriations

Committees whenever articles are furnished without such

certification.

-End-

-CITE-

22 USC Sec. 2321a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321a. Repealed. Pub. L. 94-329, title I, Sec. 106(b)(1), June

30, 1976, 90 Stat. 733

-MISC1-

Section, Pub. L. 87-195, pt. II, Sec. 510, as added Pub. L.

91-175, pt. II, Sec. 203, Dec. 30, 1969, 83 Stat. 820, limited the

number of foreign military students to be trained in the United

States out of funds appropriated under this subchapter, to not more

than the number of foreign civilians brought to the United States

under the Mutual Educational and Cultural Exchange Act of 1961 (22

U.S.C. 2451 et seq.) in the immediately preceding year.

SAVINGS PROVISION

Section 106(c) of Pub. L. 94-329 provided that: "Except as may be

expressly provided to the contrary in this Act [see Short Title of

1976 Amendment note under section 2151 of this title], all

determinations, authorizations, regulations, orders, contracts,

agreements, and other actions issued, undertaken, or entered into

under authority of any provision of law amended or repealed by this

section [repealing this section and amending sections 2382, 2383,

2392, 2396, and 2403 of this title] shall continue in full force

and effect until modified, revoked, or superseded by appropriate

authority."

-End-

-CITE-

22 USC Sec. 2321b 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321b. Excess defense article

-STATUTE-

(a) to (c) Repealed. Pub. L. 94-329, title II, Sec. 210(c)(2), June

30, 1976, 90 Stat. 740

(d) Reports to Congress

The President shall promptly and fully inform the Speaker of the

House of Representatives and the Committee on Foreign Relations and

the Committee on Appropriations of the Senate of each decision to

furnish on a grant basis to any country excess defense articles

which are major weapons systems to the extent such major weapons

system was not included in the presentation material previously

submitted to the Congress. The annual presentation materials for

security assistance programs shall include a table listing by

country the total value of all deliveries of excess defense

articles, disclosing both the aggregate original acquisition cost

and the aggregate value at the time of delivery.

-SOURCE-

(Pub. L. 91-672, Sec. 8, Jan. 12, 1971, 84 Stat. 2054; Pub. L.

92-226, pt. IV, Sec. 402, Feb. 7, 1972, 86 Stat. 33; Pub. L.

93-189, Sec. 26(1)-(3), Dec. 17, 1973, 87 Stat. 731; Pub. L.

93-559, Sec. 13, Dec. 30, 1974, 88 Stat. 1799; Pub. L. 94-329,

title II, Sec. 210(c)(2), June 30, 1976, 90 Stat. 740; Pub. L.

95-384, Sec. 29(a), Sept. 26, 1978, 92 Stat. 747.)

-COD-

CODIFICATION

Section was not enacted as part of the Foreign Assistance Act of

1961 which comprises this chapter.

-MISC1-

AMENDMENTS

1978 - Subsec. (d). Pub. L. 95-384 substituted "The annual

presentation materials for security assistance programs shall

include a table" for "Additionally, the President shall also submit

a quarterly report to the Congress".

1976 - Subsec. (a). Pub. L. 94-329 struck out subsec. (a) which

provided that the value of excess defense article granted to a

foreign country or international organization shall be considered

to be an expenditure from the funds of this chapter for military

assistance, and established accounting procedure when an order for

excess defense article was placed.

Subsec. (b). Pub. L. 94-329 struck out subsec. (b) which provided

that in the case of excess defense articles that were generated

abroad, provisions of former subsec. (a) shall apply during any

fiscal year only to the extent that the aggregate value of excess

defense articles ordered during that year exceeded $100,000,000.

Subsec. (c). Pub. L. 94-329 struck out subsec. (c) which defined

"value" as that meaning found in section 2403m of this title,

except the term shall not include a value for any excess defense

article which was less than 33 1/3 percent of the amount the

United States paid for such article when it was acquired.

Subsec. (e). Pub. L. 94-329 struck out subsec. (e) which provided

that except for excess defense articles granted under this

subchapter, the provisions of this section did not apply to grants

of such articles to South Vietnam prior to July 1, 1972.

1974 - Subsec. (b). Pub. L. 93-559, Sec. 13(a)(1), substituted

"$100,000,000" for "$150,000,000".

Subsec. (c). Pub. L. 93-559, Sec. 13(a)(2), inserted exception

provision respecting definitions of value for excess defense

articles.

1973 - Subsec. (a). Pub. L. 93-189, Sec. 26(1), inserted

provision preceding cl. (1) relating to the subtraction of amounts

to be transferred under section 2392(d) of this title.

Subsec. (b). Pub. L. 93-189, Sec. 26(2), substituted "In the case

of excess defense articles which are generated abroad, the

provisions", for "The provisions" and "$150,000,000" for

"$185,000,000".

Subsec. (c). Pub. L. 93-189, Sec. 26(3), substituted provisions

defining "value" as that meaning given it in section 2403(m) of

this title, for provisions defining such term as not less than 33

1/3 per centum of the amount the United States paid at the time

the excess defense articles were acquired by the United States.

1972 - Subsec. (a). Pub. L. 92-226, Sec. 402(1), substituted in

first sentence "by any department, agency, or independent

establishment of the United States Government (other than the

Agency for International Development)" for "subchapter II of this

chapter" and "the Foreign Assistance Act of 1961" for "that Act",

codified in the text as "this chapter" and in second sentence

"Unless such department, agency, or establishment certifies to the

Comptroller General of the United States that the excess defense

article it is ordering is not to be transferred by any means to a

foreign country or international organization, when an order is

placed for a defense article" for "When an order is placed under

the military assistance program with the military departments for a

defense article".

Subsec. (b). Pub. L. 92-226, Sec. 402(2), substituted

"$185,000,000" for "$100,000,000".

Subsec. (e). Pub. L. 92-226, Sec. 402(3), added subsec. (e).

EFFECTIVE DATE OF 1976 AMENDMENT

Section 210(c)(2) of Pub. L. 94-329 provided in part that the

amendment of subsecs. (a) to (c) and (e) by Pub. L. 94-329 is

effective July 1, 1976.

-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-

TRANSFER OF SUSPENSE ACCOUNT FUNDS TO GENERAL FUND OF TREASURY

Section 210(c)(2) of Pub. L. 94-329 provided in part that all

funds in the suspense account referred to in former subsec. (a) of

this section on July 1, 1976, shall be transferred to the general

fund of the Treasury.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2321c of this title.

-End-

-CITE-

22 USC Sec. 2321c 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321c. Definitions

-STATUTE-

For purposes of sections 2321b and 2314a (!1) of this title -

(1) "defense article" and "excess defense articles" have the

same meanings as given them in subsections (d) and (g),

respectively, of section 2403 of this title; and

(2) "foreign country" includes any department, agency, or

independent establishment of the foreign country.

-SOURCE-

(Pub. L. 91-672, Sec. 11, Jan. 12, 1971, 84 Stat. 2055.)

-REFTEXT-

REFERENCES IN TEXT

Section 2314a, referred to in text, was repealed by Pub. L.

93-189, Sec. 26(4), Dec. 17, 1973, 87 Stat. 731.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2321d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321d. Considerations in furnishing military assistance

-STATUTE-

Decisions to furnish military assistance made under subchapter II

of this chapter shall take into account whether such assistance

will -

(1) contribute to an arms race;

(2) increase the possibility of outbreak or escalation of

conflict; or

(3) prejudice the development of bilateral or multilateral arms

control arrangements.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 511, as added Pub. L. 92-226, pt. II,

Sec. 201(f), Feb. 7, 1972, 86 Stat. 25; amended Pub. L. 94-141,

title I, Sec. 150(c), Nov. 29, 1975, 89 Stat. 760; Pub. L. 105-277,

div. G, subdiv. A, title XII, Sec. 1225(b), Oct. 21, 1998, 112

Stat. 2681-773.)

-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

1998 - Pub. L. 105-277 substituted "take into account" for "be

made in coordination with the Director of the United States Arms

Control and Disarmament Agency and shall take into account his

opinion as to" in introductory provisions.

1975 - Pub. L. 94-141 substituted "be made in coordination with

the Director of the United States Arms Control and Disarmament

Agency and shall take into account his opinion as to" for "take

into account".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section

1201 of Pub. L. 105-277, set out as an Effective Date note under

section 6511 of this title.

-End-

-CITE-

22 USC Sec. 2321e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321e. Repealed. Pub. L. 93-189, Sec. 12(b)(5), Dec. 17, 1973,

87 Stat. 722

-MISC1-

Section, Pub. L. 87-195, pt. II, Sec. 512, as added Pub. L.

92-226, pt. II, Sec. 201(f), Feb. 7, 1972, 86 Stat. 25, provided

for the diminution and consolidation of military assistance

advisory groups and missions in foreign countries.

-End-

-CITE-

22 USC Sec. 2321f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321f. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),

Dec. 29, 1981, 95 Stat. 1560

-MISC1-

Section, Pub. L. 87-195, pt. II, Sec. 513, as added Pub. L.

92-226, pt. II, Sec. 201(f), Feb. 7, 1972, 86 Stat. 25; amended

Pub. L. 93-189, Sec. 12(b)(6), Dec. 17, 1973, 87 Stat. 722; Pub. L.

93-559, Sec. 12, Dec. 30, 1974, 88 Stat. 1798, prohibited military

assistance to Thailand, Laos, and South Vietnam after June 30,

1972, 1974, and 1976, respectively, without prior authorization.

-End-

-CITE-

22 USC Sec. 2321g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321g. Repealed. Pub. L. 93-189, Sec. 12(b)(5), Dec. 17, 1973,

87 Stat. 722

-MISC1-

Section, Pub. L. 87-195, pt. II, Sec. 514, as added Pub. L.

92-226, pt. II, Sec. 201(f), Feb. 7, 1972, 86 Stat. 26, covered

special foreign country accounts, the deposit of currencies, use of

special accounts for payments of certain costs, Presidential waiver

authority, the nonapplicability of provisions for special accounts,

and the limitations on the amount of deposits.

SPECIAL FOREIGN COUNTRY ACCOUNTS

Section 1-501(b) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.

56675, eff. Oct. 1, 1979, set out as a note under section 2381 of

this title, authorized the Secretary of the Treasury to continue to

administer any open special foreign country accounts established

pursuant to this section prior to its repeal by Pub. L. 93-189.

-End-

-CITE-

22 USC Sec. 2321h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321h. Stockpiling of defense articles for foreign countries

-STATUTE-

(a) Transfer of defense articles

No defense article in the inventory of the Department of Defense

which is set aside, reserved, or in any way earmarked or intended

for future use by any foreign country may be made available to or

for use by any foreign country unless such transfer is authorized

under this chapter or the Arms Export Control Act [22 U.S.C. 2751

et seq.] or any subsequent corresponding legislation, and the value

of such transfer is charged against funds authorized under such

legislation or against the limitations specified in such

legislation, as appropriate, for the fiscal period in which such

defense article is transferred. For purposes of this subsection,

"value" means the acquisition cost plus crating, packing, handling,

and transportation costs incurred in carrying out this section.

(b) Fiscal year limits on new stockpiles or additions to existing

stockpiles located in foreign countries

(1) The value of defense articles to be set aside, earmarked,

reserved, or intended for use as war reserve stocks for allied or

other foreign countries (other than for purposes of the North

Atlantic Treaty Organization or in the implementation of agreements

with Israel) in stockpiles located in foreign countries may not

exceed in any fiscal year an amount that is specified in security

assistance authorizing legislation for that fiscal year.

(2)(A) The value of such additions to stockpiles of defense

articles in foreign countries shall not exceed $100,000,000 for

fiscal year 2003.

(B) Of the amount specified in subparagraph (A) for fiscal year

2003, not more than $100,000,000 may be made available for

stockpiles in the State of Israel.

(c) Location of stockpiles of defense articles

(1) Limitation

Except as provided in paragraph (2), no stockpile of defense

articles may be located outside the boundaries of a United States

military base or a military base used primarily by the United

States.

(2) Exceptions

Paragraph (1) shall not apply with respect to stockpiles of

defense articles located in the Republic of Korea, Thailand, any

country that is a member of the North Atlantic Treaty

Organization, any country that is a major non-NATO ally, or any

other country the President may designate. At least 15 days

before designating a country pursuant to the last clause of the

preceding sentence, the President shall notify the congressional

committees specified in section 2394-1(a) of this title in

accordance with the procedures applicable to reprogramming

notifications under that section.

(d) Transferred articles not to be considered excess articles in

determining value

No defense article transferred from any stockpile which is made

available to or for use by any foreign country may be considered an

excess defense article for the purpose of determining the value

thereof.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 514, as added Pub. L. 93-559, Sec.

15, Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94-329, title I,

Sec. 103, June 30, 1976, 90 Stat. 730; Pub. L. 95-92, Sec. 6, Aug.

4, 1977, 91 Stat. 615; Pub. L. 95-384, Sec. 8, Sept. 26, 1978, 92

Stat. 732; Pub. L. 96-92, Sec. 6(a), Oct. 29, 1979, 93 Stat. 703;

Pub. L. 96-533, title I, Sec. 113, Dec. 16, 1980, 94 Stat. 3139;

Pub. L. 97-113, title I, Sec. 111, Dec. 29, 1981, 95 Stat. 1527;

Pub. L. 98-473, title I, Sec. 101(1) [title V, Sec. 541(a)], Oct.

12, 1984, 98 Stat. 1884, 1903; Pub. L. 99-83, title I, Sec. 124,

Aug. 8, 1985, 99 Stat. 205; Pub. L. 100-202, Sec. 101(e) [title

III, Sec. 301], Dec. 22, 1987, 101 Stat. 1329-131, 1329-147; Pub.

L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36;

Pub. L. 101-167, title V, Sec. 587(b), Nov. 21, 1989, 103 Stat.

1253; Pub. L. 101-510, div. A, title XIII, Sec. 1303(b), Nov. 5,

1990, 104 Stat. 1669; Pub. L. 101-513, title V, Sec. 573, Nov. 5,

1990, 104 Stat. 2042; Pub. L. 102-391, title V, Sec. 569, Oct. 6,

1992, 106 Stat. 1681; Pub. L. 103-87, title V, Sec. 535, Sept. 30,

1993, 107 Stat. 955; Pub. L. 103-306, title V, Sec. 535, Aug. 23,

1994, 108 Stat. 1637; Pub. L. 104-107, title V, Sec. 531B, Feb. 12,

1996, 110 Stat. 732; Pub. L. 105-118, title V, Sec. 575, Nov. 26,

1997, 111 Stat. 2433; Pub. L. 105-277, div. A, Sec. 101(d) [title

V, Sec. 571], Oct. 21, 1998, 112 Stat. 2681-150, 2681-198; Pub. L.

106-113, div. B, Secs. 1000(a)(2) [title V, Sec. 584], 1000(a)(7)

[div. B, title XII, Sec. 1231], Nov. 29, 1999, 113 Stat. 1535,

1536, 1501A-117, 1501A-499; Pub. L. 106-280, title I, Sec. 111,

Oct. 6, 2000, 114 Stat. 849; Pub. L. 107-228, div. B, title XII,

Sec. 1261, Sept. 30, 2002, 116 Stat. 1434.)

-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.

-COD-

CODIFICATION

Amendment by Pub. L. 98-473 is based on section 116(a) of H.R.

5119, Ninety-eighth Congress, as passed by the House of

Representatives May 10, 1984, which was enacted into permanent law

by Pub. L. 98-473.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-228 amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

"(2)(A) The value of such additions to stockpiles of defense

articles in foreign countries shall not exceed $50,000,000 for

fiscal year 2001.

"(B) Of the amount specified in subparagraph (A), not more than

$50,000,000 may be made available for stockpiles in the Republic of

Korea."

2000 - Subsec. (b)(2). Pub. L. 106-280 amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

"(2)(A) The value of such additions to stockpiles of defense

articles in foreign countries shall not exceed $60,000,000 for

fiscal year 2000.

"(B) Of the amount specified in subparagraph (A), not more than

$40,000,000 may be made available for stockpiles in the Republic of

Korea and not more than $20,000,000 may be made available for

stockpiles in Thailand."

1999 - Subsec. (b)(2). Pub. L. 106-113, Sec. 1000(a)(7) [title

XII, Sec. 1231], amended par. (2) generally. Prior to amendment,

par. (2) read as follows:

"(A) The value of such additions to stockpiles of defense

articles in foreign countries shall not exceed $340,000,000 for

fiscal year 1999 and $60,000,000 for fiscal year 2000.

"(B) Of the amount specified in subparagraph (A) for fiscal year

1999, not more than $320,000,000 may be made available for

stockpiles in the Republic of Korea and not more than $20,000,000

may be made available for stockpiles in Thailand. Of the amount

specified in subparagraph (A) for fiscal year 2000, not more than

$40,000,000 may be made available for stockpiles in the Republic of

Korea and not more than $20,000,000 may be made available for

stockpiles in Thailand."

Subsec. (b)(2)(A). Pub. L. 106-113, Sec. 1000(a)(2) [title V,

Sec. 584(a)], inserted "and $60,000,000 for fiscal year 2000"

before period at end and directed the striking of "$50,000,000 for

each of the fiscal years 1996 and 1997, $60,000,000 for fiscal year

1998, and", which was executed by striking after "shall not exceed"

text which did not include a comma after "1998" to reflect the

probable intent of Congress.

Subsec. (b)(2)(B). Pub. L. 106-113, Sec. 1000(a)(2) [title V,

Sec. 584(b)], struck out "Of the amount specified in subparagraph

(A) for each of the fiscal years 1996 and 1997, not more than

$40,000,000 may be made available for stockpiles in the Republic of

Korea and not more than $10,000,000 may be made available for

stockpiles in Thailand. Of the amount specified in subparagraph (A)

for fiscal year 1998, not more than $40,000,000 may be made

available for stockpiles in the Republic of Korea and not more than

$20,000,000 may be made available for stockpiles in Thailand. Of

the amount specified in subparagraph (A) for fiscal year 1999, not

more than $320,000,000 may be made available for stockpiles in the

Republic of Korea and not more than $20,000,000 may be made

available for stockpiles in Thailand." after "(B)" and inserted at

end "Of the amount specified in subparagraph (A) for fiscal year

2000, not more than $40,000,000 may be made available for

stockpiles in the Republic of Korea and not more than $20,000,000

may be made available for stockpiles in Thailand."

1998 - Subsec. (b)(2)(A). Pub. L. 105-277, Sec. 101(d) [title V,

Sec. 571(a)], substituted a comma for "and" after "1997" and

inserted "and $340,000,000 for fiscal year 1999" before period at

end.

Subsec. (b)(2)(B). Pub. L. 105-277, Sec. 101(d) [title V, Sec.

571(b)], inserted at end "Of the amount specified in subparagraph

(A) for fiscal year 1999, not more than $320,000,000 may be made

available for stockpiles in the Republic of Korea and not more than

$20,000,000 may be made available for stockpiles in Thailand."

1997 - Subsec. (b)(2)(A). Pub. L. 105-118, Sec. 575(a), inserted

"and $60,000,000 for fiscal year 1998" before period at end.

Subsec. (b)(2)(B). Pub. L. 105-118, Sec. 575(b), inserted at end

"Of the amount specified in subparagraph (A) for fiscal year 1998,

not more than $40,000,000 may be made available for stockpiles in

the Republic of Korea and not more than $20,000,000 may be made

available for stockpiles in Thailand."

1996 - Subsec. (b)(1). Pub. L. 104-107, Sec. 531B(a), inserted

"or in the implementation of agreements with Israel" after "North

Atlantic Treaty Organization".

Subsec. (b)(2). Pub. L. 104-107, Sec. 531B(b), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The value

of such additions to stockpiles in foreign countries shall not

exceed a total of $200,000,000 for stockpiles in Israel for fiscal

years 1994 and 1995, up to $40,000,000 may be made available for

stockpiles in the Republic of Korea, and up to $10,000,000 may be

made available for stockpiles in Thailand for fiscal year 1995, up

to $72,000,000 may be made available for stockpiles in the Republic

of Korea, and up to $20,000,000 may be made available for

stockpiles in Thailand."

Subsec. (c). Pub. L. 104-107, Sec. 531B(c), inserted heading and

amended text generally. Prior to amendment, text read as follows:

"Except for stockpiles in existence on June 30, 1976 and for

stockpiles located in the Republic of Korea, Thailand, or countries

which are members of the North Atlantic Treaty Organization, or

major non-NATO allies, no stockpile may be located outside the

boundaries of a United States military base or a military base used

primarily by the United States."

1994 - Subsec. (b)(2). Pub. L. 103-306 substituted "a total of

$200,000,000 for stockpiles in Israel for fiscal years 1994 and

1995, up to $40,000,000 may be made available for stockpiles in the

Republic of Korea, and up to $10,000,000 may be made available for

stockpiles in Thailand for fiscal year 1995" for "$200,000,000 for

stockpiles in Israel for fiscal year 1994".

1993 - Subsec. (b)(2). Pub. L. 103-87 which directed amendment of

par. (2) "by striking out '$389,000,000 for fiscal year 1993, of

which amount not less than $200,000,000 shall be available for

stockpiles in Israel, and up to $189,000,000 may be available for

stockpiles in the Republic of Korea' and inserting in lieu thereof

'$200,000,000 for stockpiles in Israel for fiscal year 1994', up to

$72,000,000 may be made available for stockpiles in the Republic of

Korea, and up to $20,000,000 may be made available for stockpiles

in Thailand." was executed as if the end quotation mark for the

inserted material followed "Thailand" rather than following "1994"

to reflect the probable intent of Congress.

1992 - Subsec. (b)(2). Pub. L. 102-391, which directed the

substitution of "$389,000,000 for fiscal year 1993, of which amount

not less than $200,000,000 shall be available for stockpiles in

Israel, and up to $189,000,000 may be available for stockpiles in

the Republic of Korea" for "$378,000,000 for fiscal year 1991, of

which amount not less than $300,000,000 shall be available for

stockpiles in Israel", was executed by making such substitution for

"$378,000,000 for fiscal year 1991, of which amount not less than

$300,000,000 shall be for stockpiles in Israel", to reflect the

probable intent of Congress.

1990 - Subsec. (b)(2). Pub. L. 101-513, Sec. 573(b), substituted

"$378,000,000 for fiscal year 1991, of which amount not less than

$300,000,000 shall be for stockpiles in Israel" for "$165,000,000

for fiscal year 1990".

Subsec. (c). Pub. L. 101-513, Sec. 573(a), inserted "or major

non-NATO allies," after "Organization,".

Subsec. (e). Pub. L. 101-510 struck out subsec. (e) which read as

follows: "The President shall promptly report to the Congress each

new stockpile, or addition to an existing stockpile, described in

this section of defense articles valued in excess of $10,000,000 in

any fiscal year."

1989 - Subsec. (b)(1). Pub. L. 101-167, Sec. 587(b)(1),

substituted "an amount that is specified" for "an amount greater

than is specified".

Subsec. (b)(2). Pub. L. 101-167, Sec. 587(b)(2), substituted

"$165,000,000 for fiscal year 1990" for "$77,000,000 for fiscal

year 1989".

1988 - Subsec. (b)(2). Pub. L. 100-461 amended par. (2)

generally, substituting "$77,000,000 for fiscal year 1989" for

"$116,000,000 for fiscal year 1988".

1987 - Subsec. (b)(2). Pub. L. 100-202 amended par. (2)

generally, substituting "$116,000,000 for fiscal year 1988" for

"$360,000,000 for fiscal year 1986 and shall not exceed

$125,000,000 for fiscal year 1987".

Subsec. (c). Pub. L. 100-202 inserted ", Thailand," after

"Korea".

1985 - Subsec. (b)(2). Pub. L. 99-83 amended par. (2) generally,

substituting provisions authorizing appropriations of not to exceed

$360,000,000 for fiscal year 1986 and $125,000,000 for fiscal year

1987, for provisions authorizing appropriations of $125,000,000 for

fiscal year 1984 and $248,000,000 for fiscal year 1985.

1984 - Subsec. (b)(2). Pub. L. 98-473 substituted "$125,000,000

for the fiscal year 1984 and $248,000,000 for the fiscal year 1985"

for "$130,000,000 for the fiscal year 1982 and $125,000,000 for the

fiscal year 1983".

1981 - Subsec. (b)(2). Pub. L. 97-113 substituted "$130,000,000

for the fiscal year 1982 and $125,000,000 for the fiscal year 1983"

for "$85,000,000 for the fiscal year 1981".

1980 - Subsec. (b)(2). Pub. L. 96-533 substituted "$85,000,000

for the fiscal year 1981" for "$95,000,000 for the fiscal year

1980".

1979 - Subsec. (b)(2). Pub. L. 96-92, Sec. 6(a)(1), substituted

"$95,000,000 for the fiscal year 1980" for "$90,000,000 for the

fiscal year 1979".

Subsec. (c). Pub. L. 96-92, Sec. 6(a)(2), inserted reference to

stockpiles in Republic of Korea.

1978 - Subsec. (b)(2). Pub. L. 95-384 substituted "$90,000,000

for the fiscal year 1979" for "$270,000,000 for the fiscal year

1978".

1977 - Subsec. (b)(2). Pub. L. 95-92 substituted "$270,000,000

for the fiscal year 1978" for "$93,750,000 for the period beginning

July 1, 1975, and ending September 30, 1976, and $125,000,000 for

the fiscal year 1977".

1976 - Subsec. (a). Pub. L. 93-329 substituted provisions

prohibiting the transfer of any defense article earmarked for

foreign use unless such transfer is authorized under this chapter

or the Arms Export Control Act or subsequent legislation, requiring

the charge-off of such transfer against funds authorized under such

legislation, and defining "value", for provisions that no funds,

other than funds made available under this part or section 401(a)

of Pub. L. 89-367 (80 Stat. 37) be obligated for purposes of

stockpiling any defense article or war reserve material if such

article is earmarked for future foreign use.

Subsec. (b). Pub. L. 94-329 substituted provisions limiting the

value of earmarked defense articles for allied or foreign use to an

amount not greater than is specified in security assistance

legislation for that fiscal year and limiting the value of

additions to stockpiles in foreign countries not to exceed

$93,750,000 for the period beginning July 1, 1975 and ending Sept.

30, 1976, and $125,000,000 for fiscal 1977 for provisions

specifying a charge-off of the cost of any such article earmarked

for use by or on behalf of the country referred to in section

401(a)(1) of Pub. L. 89-367 (80 Stat. 37) against the limitations

specified in such section or subsequent legislation and against

funds authorized under this part.

Subsecs. (c) to (e). Pub. L. 94-329 added subsecs. (c) to (e).

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 1984 AMENDMENT

Section 116(b) of H.R. 5119, as passed by the House of

Representatives May 10, 1984, and enacted into permanent law by

101(1) [title V, Sec. 541(a)], of Pub. L. 98-473 provided that:

"The amendment made by subsection (a) [amending this section] shall

take effect on the date of enactment of this Act [Oct. 12, 1984]."

-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-

FISCAL YEAR 1992 ADDITIONS TO STOCKPILES IN ISRAEL

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

Apr. 1, 1992, 106 Stat. 93, provided in part that the authority and

conditions provided in section 571 of H.R. 2621, One Hundred Second

Congress, 1st Session, as passed by the House on June 19, 1991,

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 573 of Pub. L. 101-513 [amending this section].

Section 571 of H.R. 2621, as referred to above, provided that:

"Notwithstanding section 514(b) of the Foreign Assistance Act of

1961 [subsec. (b) of this section], additions may be made to

stockpiles in Israel during fiscal year 1992 having a value of

$300,000,000: Provided, That the word 'value' as used in this

section shall have the same meaning as in section 514 of the

Foreign Assistance Act of 1961 [this section]."

REPUBLIC OF KOREA STOCKPILING AUTHORITIES; REPORT TO CONGRESS

Section 6(b) of Pub. L. 96-92 directed President to transmit to

Congress, not later than Dec. 31, 1979, a report regarding

stockpiling authorities for Republic of Korea, prior to repeal by

Pub. L. 97-113, title VII, Sec. 734(a)(11), Dec. 29, 1981, 95 Stat.

1560.

-End-

-CITE-

22 USC Sec. 2321i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321i. Overseas management of assistance and sales programs

-STATUTE-

(a) Assignment of military personnel for performance of enumerated

functions

In order to carry out his responsibilities for the management of

international security assistance programs conducted under this

part, part V of this subchapter, and the Arms Export Control Act

[22 U.S.C. 2751 et seq.], the President may assign members of the

Armed Forces of the United States to a foreign country to perform

one or more of the following functions:

(1) equipment and services case management;

(2) training management;

(3) program monitoring;

(4) evaluation and planning of the host government's military

capabilities and requirements;

(5) administrative support;

(6) promoting rationalization, standardization,

interoperability, and other defense cooperation measures; and

(7) liaison functions exclusive of advisory and training

assistance.

(b) Furnishing of advisory and training assistance

Advisory and training assistance conducted by military personnel

assigned under this section shall be kept to an absolute minimum.

It is the sense of the Congress that advising and training

assistance in countries to which military personnel are assigned

under this section shall be provided primarily by other personnel

who are not assigned under this section and who are detailed for

limited periods to perform specific tasks.

(c) Number of personnel assigned; waiver; procedures applicable

(1) The number of members of the Armed Forces assigned to a

foreign country under this section may not exceed six unless

specifically authorized by the Congress. The president may waive

this limitation if he determines and reports to the Committee on

Foreign Relations of the Senate and the Committee on Foreign

Affairs of the House of Representatives, 30 days prior to the

introduction of the additional military personnel, that United

States national interests require that more than six members of the

Armed Forces be assigned under this section to carry out

international security assistance programs in a country not

specified in this paragraph. Pakistan, Tunisia, El Salvador,

Honduras, Colombia, Indonesia, the Republic of Korea, the

Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia,

Greece, Portugal, Spain, and Turkey are authorized to have military

personnel strengths larger than six under this section to carry out

international security assistance programs.

(2) The total number of members of the Armed Forces assigned

under this section to a foreign country in a fiscal year may not

exceed the number justified to the Congress for that country in the

congressional presentation materials for that fiscal year, unless

the Committee on Foreign Relations of the Senate and the Committee

on Foreign Affairs of the House of Representatives are notified 30

days in advance of the introduction of the additional military

personnel.

(d) Costs

Effective October 1, 1989, the entire costs (excluding salaries

of the United States military personnel other than the Coast Guard)

of overseas management of international security assistance

programs under this section shall be charged to or reimbursed from

funds made available to carry out this part or the Arms Export

Control Act [22 U.S.C. 2751 et seq.], other than any such costs

which are either paid directly for such defense services under

section 21(a) of the Arms Export Control Act [22 U.S.C. 2761(a)] or

reimbursed from charges for services collected from foreign

governments pursuant to section 21(e) [22 U.S.C. 2761(e)] and

section 43(b) [22 U.S.C. 2792(b)] of that Act.

(e) Direction and supervision of assigned personnel

Members of the Armed Forces assigned to a foreign country under

this section shall serve under the direction and supervision of the

Chief of the United States Diplomatic Mission to that country.

(f) Presidential directive respecting purchase by foreign country

of United States-made military equipment

The President shall continue to instruct United States

diplomatic and military personnel in the United States missions

abroad that they should not encourage, promote, or influence the

purchase by any foreign country of United States-made military

equipment, unless they are specifically instructed to do so by an

appropriate official of the executive branch.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 515, as added Pub. L. 93-559, Sec.

16, Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94-329, title I,

Sec. 104, June 30, 1976, 90 Stat. 731; Pub. L. 95-92, Sec. 7(a),

Aug. 4, 1977, 91 Stat. 615; Pub. L. 95-384, Sec. 9, Sept. 26, 1978,

92 Stat. 732; Pub. L. 96-92, Sec. 7, Oct. 29, 1979, 93 Stat. 703;

Pub. L. 96-533, title I, Sec. 114, Dec. 16, 1980, 94 Stat. 3139;

Pub. L. 97-113, title I, Sec. 112, Dec. 29, 1981, 95 Stat. 1527;

Pub. L. 99-83, title I, Sec. 125, Aug. 8, 1985, 99 Stat. 205; Pub.

L. 100-690, title IV, Sec. 4305(a), Nov. 18, 1988, 102 Stat. 4273;

Pub. L. 101-165, title IX, Sec. 9104(a), Nov. 21, 1989, 103 Stat.

1152; Pub. L. 101-167, title III, Nov. 21, 1989, 103 Stat. 1213;

Pub. L. 102-391, title V, Sec. 556(c), Oct. 6, 1992, 106 Stat.

1675; Pub. L. 104-164, title I, Sec. 143, July 21, 1996, 110 Stat.

1434.)

-REFTEXT-

REFERENCES IN TEXT

The Arms Export Control Act, referred to in subsecs. (a) 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-

AMENDMENTS

1996 - Subsec. (a)(6). Pub. L. 104-164 struck out "among members

of the North Atlantic Treaty Organization and with the Armed Forces

of Japan, Australia, and New Zealand" after "defense cooperation

measures".

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

substitution of "(excluding salaries of the United States military

personnel other than the Coast Guard)" for "(excluding salaries of

the United States military personnel)", was executed by making the

substitution for "(excluding salaries of United States military

personnel)", to reflect the probable intent of Congress.

1989 - Subsec. (d). Pub. L. 101-167 inserted "or the Arms Export

Control Act" after "this part".

Pub. L. 101-165 changed effective date from Oct. 1, 1982, to Oct.

1, 1989, and provided that costs would exclude rather than include

salaries of U.S. military personnel.

1988 - Subsec. (c)(1). Pub. L. 100-690 inserted "Colombia," after

"Honduras,".

1985 - Subsec. (c)(1). Pub. L. 99-83 substituted "Pakistan,

Tunisia, El Salvador, Honduras" for "For the fiscal year 1982 and

the fiscal year 1983".

1981 - Subsec. (a). Pub. L. 97-113 substituted provision

authorizing the President to assign members of the Armed Forces of

the United States to a foreign country to perform one or more

enumerated functions for provision requiring specific Congressional

authorization for military assistance groups, etc., to operate in a

foreign country, with exception of regular units of the Armed

Forces of the United States engaged in routine functions designed

to bring about standardization of military operation and procedures

between United States forces and defense treaty allies.

Subsec. (b). Pub. L. 97-113 substituted provision directing that

advisory and training assistance conducted by military personnel

assigned under this section be kept to an absolute minimum for

provision authorizing the President to assign military personnel

under international security programs to Portugal, Spain, Jordan,

the Philippines, the Republic of Korea, Panama, Greece, Turkey,

Indonesia, Thailand, Morocco, Egypt, and Saudi Arabia to perform

logistics management, transportation, fiscal management, and

contract administration of country programs, designated the maximum

number assignable, and provided for reimbursement from Saudi

Arabia. See subsec. (a) of this section.

Subsec. (c). Pub. L. 97-113 substituted provision designating the

maximum number of personnel assignable, waiver of this limitation,

and the procedures applicable for provision relating to assignment

of military personnel to countries not specified in former subsec.

(b) of this section for performance of accounting and other

management functions, the maximum number assignable, and an

exception to that number if the Chief of the Diplomatic Mission so

requests.

Subsec. (d). Pub. L. 97-113 substituted provision directing that,

effective Oct. 1, 1982, the entire costs of overseas management of

international security assistance programs be charged or reimbursed

from funds made available to carry out this part, other than costs

paid directly for defense services under section 2761(a) of this

title or reimbursed from charges for services collected from

foreign governments pursuant to sections 2761(e) and 2792(b) of

this title, for provision that the maximum number of members of the

Armed Forces assignable for fiscal year 1979 to all countries not

exceed 790.

Subsec. (e). Pub. L. 97-113 substituted "under this section" for

"under subsection (b) or (c) of this section" and "to that country"

for "in that country".

Subsec. (f). Pub. L. 97-113 redesignated subsec. (h) as (f).

Former subsec. (f), relating to performance of management functions

by defense attache&233;'s if that President determined it was the

most economic and efficient means of performing those functions,

was struck out.

Subsec. (g). Pub. L. 97-113 struck out subsec. (g) which provided

that the entire cost of overseas management of international

security assistance programs under this section be charged or

reimbursed from funds made available to carry out this part,

including costs reimbursed from charges for services collected from

foreign governments pursuant to sections 2761(e) and 2792(b) of

this title, and that the prohibition of former subsec. (a) of this

section and the numerical limitations of former subsecs. (b), (c),

and (d) of this section not apply to Armed Forces members

performing services for specific purposes and for fixed periods of

time on a fully reimbursable basis under section 2761(a) of this

title. See subsec. (d) of this section.

Subsec. (h). Pub. L. 97-113 redesignated subsec. (h) as (f).

1980 - Subsec. (b)(1). Pub. L. 96-533, Sec. 114(1), substituted

"fiscal year 1981" for "fiscal year 1980", substituted "Portugal,

Spain, Jordan, the Philippines," for "the countries specified in

section 2312(a) of this title and in", authorized assignment of

military personnel for programs in Egypt, and deleted from the list

of countries eligible for such programs Iran and Kuwait.

Subsec. (b)(3). Pub. L. 96-533, Sec. 114(2), substituted

"assigned to Saudi Arabia" for "assigned to Iran, Kuwait, and Saudi

Arabia", "assigned to such country" for "assigned to such

countries" and "assigned to such country exceeds" for "assigned to

each such country exceeds".

Subsec. (f). Pub. L. 96-533, Sec. 114(3), substituted "may not

exceed six more than the number of defense attache&233;s" for "may

not exceed the number of defense attache&233;s" and "December 31,

1979" for "December 31, 1978", and inserted "such countries and

countries to which military personnel have been assigned pursuant

to subsection (c) of this section" after "such countries".

1979 - Subsec. (b)(1). Pub. L. 96-92, Sec. 7(1), substituted

"fiscal year 1980" for "fiscal year 1979" and authorized assignment

of military personnel for programs in Greece.

Subsec. (f). Pub. L. 96-92, Sec. 7(2), substituted "December 31,

1978" for "December 31, 1977".

1978 - Subsec. (b)(1). Pub. L. 95-384, Sec. 9(a), substituted

"fiscal year 1979" for "fiscal year 1978" and "Turkey, Indonesia,

Thailand" for "Brazil".

Subsec. (d). Pub. L. 95-384, Sec. 9(b), substituted ", including

any such members serving on a reimbursable basis pursuant to

subsection (b)(3) of this section, may not exceed 790 for the

fiscal year 1979" for "may not exceed 865 for the fiscal year

1978".

Subsec. (f). Pub. L. 95-384, Sec. 9(c), substituted "December 31,

1977, except that the President may assign an aggregate total of

not to exceed eight additional defense attache&233;s to such

countries in order to perform overseas management functions under

this subsection" for "December 31, 1976".

Subsec. (g). Pub. L. 95-384, Sec. 9(d), inserted "for fixed"

after "for specific purposes and".

Subsec. (h). Pub. L. 95-384, Sec. 9(e), added subsec. (h).

1977 - Subsec. (a). Pub. L. 95-92 substituted provisions

requiring specific Congressional authorization for a military

assistance advisory group, etc., to operate in any foreign country

and set forth exceptions to such requirement, for provisions

authorizing deductions of expenditures from military assistance

appropriations during the period beginning July 1, 1976, and ending

Sept. 30, 1977, under section 2312 of this title where under this

section reimbursement is requested by the expending government

agency or if the available funds are deposited in the Treasury as

miscellaneous receipts.

Subsec. (b). Pub. L. 95-92 substituted provisions relating to

assignment of military personnel to specified countries by

President for implementation of management responsibilities during

fiscal year 1978 under international security assistance programs,

for provisions requiring specific Congressional authority for

assignment of any military assistance advisory group, etc., to

operate in any foreign country after Sept. 30, 1977, and provisions

relating to assignment by the President of military personnel to

diplomatic missions of the United States.

Subsec. (c). Pub. L. 95-92 substituted provisions relating to

assignment of military personnel to nonspecified countries by

President for performance of accounting and other management

functions under international security assistance programs, for

provisions limiting after Sept. 30, 1976, the number of military

missions and groups to not more than 34.

Subsec. (d). Pub. L. 95-92 substituted provisions setting forth

maximum number of military personnel assignable under subsecs. (b)

and (c) of this section for fiscal year 1978 as 865, for provisions

defining "military assistance advisory group, military mission, or

other organization of United States military personnel performing

similar military advisory functions under this chapter".

Subsecs. (e) to (g). Pub. L. 95-92 added subsecs. (e) to (g).

1976 - Subsec. (a). Pub. L. 94-329, Sec. 104(1), designated

existing provisions as subsec. (a) and substituted "During the

period beginning July 1, 1976, and ending September 30, 1977" for

"Effective July 1, 1976".

Subsecs. (b) to (d). Pub. L. 94-329, Sec. 104(2), added subsecs.

(b) to (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-

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.

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 2321j of this title.

-End-

-CITE-

22 USC Sec. 2321j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321j. Authority to transfer excess defense articles

-STATUTE-

(a) Authorization

The President is authorized to transfer excess defense articles

under this section to countries for which receipt of such articles

was justified pursuant to the annual congressional presentation

documents for military assistance programs, or for programs under

part VIII of subchapter I of this chapter, submitted under section

2394 of this title, or for which receipt of such articles was

separately justified to the Congress, for the fiscal year in which

the transfer is authorized.

(b) Limitations on transfers

(1) The President may transfer excess defense articles under this

section only if -

(A) such articles are drawn from existing stocks of the

Department of Defense;

(B) funds available to the Department of Defense for the

procurement of defense equipment are not expended in connection

with the transfer;

(C) the transfer of such articles will not have an adverse

impact on the military readiness of the United States;

(D) with respect to a proposed transfer of such articles on a

grant basis, such a transfer is preferable to a transfer on a

sales basis, after taking into account the potential proceeds

from, and likelihood of, such sales, and the comparative foreign

policy benefits that may accrue to the United States as the

result of a transfer on either a grant or sales basis;

(E) the President determines that the transfer of such articles

will not have an adverse impact on the national technology and

industrial base and, particularly, will not reduce the

opportunities of entities in the national technology and

industrial base to sell new or used equipment to the countries to

which such articles are transferred; and

(F) the transfer of such articles is consistent with the policy

framework for the Eastern Mediterranean established under section

2373 of this title.

(2) Accordingly, for the four-year period beginning on October 1,

1996, and thereafter for the four-period (!1) beginning on October

1, 2000, the President shall ensure that excess defense articles

offered to Greece and Turkey under this section will be made

available consistent with the manner in which the President made

available such excess defense articles during the four-year period

that began on October 1, 1992, pursuant to section 573(e) of the

Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 1990.

(c) Terms of transfers

(1) No cost to recipient country

Excess defense articles may be transferred under this section

without cost to the recipient country.

(2) Priority

Notwithstanding any other provision of law, the delivery of

excess defense articles under this section to member countries of

the North Atlantic Treaty Organization (NATO) on the southern and

southeastern flank of NATO, to major non-NATO allies on such

southern and southeastern flank, and to the Philippines shall be

given priority to the maximum extent feasible over the delivery

of such excess defense articles to other countries.

(d) Waiver of requirement for reimbursement of Department of

Defense expenses

Section 2392(d) of this title shall not apply with respect to

transfers of excess defense articles (including transportation and

related costs) under this section.

(e) Transportation and related costs

(1) In general

Except as provided in paragraph (2), funds available to the

Department of Defense may not be expended for crating, packing,

handling, and transportation of excess defense articles

transferred under the authority of this section.

(2) Exception

The President may provide for the transportation of excess

defense articles without charge to a country for the costs of

such transportation if -

(A) it is determined that it is in the national interest of

the United States to do so;

(B) the recipient is a developing country receiving less than

$10,000,000 of assistance under part V of this subchapter

(relating to international military education and training) or

section 23 of the Arms Export Control Act (22 U.S.C. 2763;

relating to the Foreign Military Financing program) in the

fiscal year in which the transportation is provided;

(C) the total weight of the transfer does not exceed 50,000

pounds; and

(D) such transportation is accomplished on a space available

basis.

(f) Advance notification to Congress for transfer of certain excess

defense articles

(1) In general

The President may not transfer excess defense articles that are

significant military equipment (as defined in section 47(9) of

the Arms Export Control Act [22 U.S.C. 2794(9)]) or excess

defense articles valued (in terms of original acquisition cost)

at $7,000,000 or more, under this section or under the Arms

Export Control Act (22 U.S.C. 2751 et seq.) until 30 days after

the date on which the President has provided notice of the

proposed transfer to the congressional committees specified in

section 2394-1(a) of this title in accordance with procedures

applicable to reprogramming notifications under that section.

(2) Contents

Such notification shall include -

(A) a statement outlining the purposes for which the article

is being provided to the country, including whether such

article has been previously provided to such country;

(B) an assessment of the impact of the transfer on the

military readiness of the United States;

(C) an assessment of the impact of the transfer on the

national technology and industrial base and, particularly, the

impact on opportunities of entities in the national technology

and industrial base to sell new or used equipment to the

countries to which such articles are to be transferred; and

(D) a statement describing the current value of such article

and the value of such article at acquisition.

(g) Aggregate annual limitation

(1) In general

The aggregate value of excess defense articles transferred to

countries under this section in any fiscal year may not exceed

$425,000,000.

(2) Effective date

The limitation contained in paragraph (1) shall apply only with

respect to fiscal years beginning after fiscal year 1996.

(h) Congressional presentation documents

Documents described in subsection (a) of this section justifying

the transfer of excess defense articles shall include an

explanation of the general purposes of providing excess defense

articles as well as a table which provides an aggregate annual

total of transfers of excess defense articles in the preceding year

by country in terms of offers and actual deliveries and in terms of

acquisition cost and current value. Such table shall indicate

whether such excess defense articles were provided on a grant or

sale basis.

(i) Excess Coast Guard property

For purposes of this section, the term "excess defense articles"

shall be deemed to include excess property of the Coast Guard, and

the term "Department of Defense" shall be deemed, with respect to

such excess property, to include the Coast Guard.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 516, as added Pub. L. 99-661, div. A,

title XI, Sec. 1101, Nov. 14, 1986, 100 Stat. 3960; amended Pub. L.

100-202, Sec. 101(b) [title VIII, Sec. 8143], Dec. 22, 1987, 101

Stat. 1321-43, 1329-89; Pub. L. 101-189, div. A, title IX, Sec.

934, Nov. 29, 1989, 103 Stat. 1538; Pub. L. 101-513, title V, Sec.

589, Nov. 5, 1990, 104 Stat. 2057; Pub. L. 102-190, div. A, title

X, Sec. 1049(a), Dec. 5, 1991, 105 Stat. 1469; Pub. L. 102-391,

title V, Sec. 574, Oct. 6, 1992, 106 Stat. 1683; Pub. L. 102-484,

div. A, title XIII, Sec. 1313, Oct. 23, 1992, 106 Stat. 2548; Pub.

L. 103-160, div. A, title XI, Sec. 1182(c)(2), title XIV, Sec.

1421, Nov. 30, 1993, 107 Stat. 1772, 1829; Pub. L. 103-236, title

VII, Sec. 731(a), Apr. 30, 1994, 108 Stat. 502; Pub. L. 104-106,

div. A, title X, Sec. 1012(g)(1), Feb. 10, 1996, 110 Stat. 422;

Pub. L. 104-164, title I, Sec. 104(a), July 21, 1996, 110 Stat.

1424; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,

Secs. 1211(b), 1213], Nov. 29, 1999, 113 Stat. 1536, 1501A-497,

1501A-498; Pub. L. 106-280, title I, Sec. 122, Oct. 6, 2000, 114

Stat. 851; Pub. L. 107-228, div. B, title XII, Sec. 1234, Sept. 30,

2002, 116 Stat. 1433.)

-REFTEXT-

REFERENCES IN TEXT

Section 573(e) of the Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 1990, referred to in subsec.

(b)(2), is section 573(e) of Pub. L. 101-167, which is set out in a

note below.

The Arms Export Control Act, referred to in subsec. (f)(1), 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

A prior section 2321j, Pub. L. 87-195, pt. II, Sec. 516, as added

Pub. L. 94-329, title I, Sec. 105, June 30, 1976, 90 Stat. 732;

amended Pub. L. 95-92, Secs. 5(b), 7(b), Aug. 4, 1977, 91 Stat.

615, 617; Pub. L. 95-384, Sec. 7(b), Sept. 26, 1978, 92 Stat. 732;

Pub. L. 96-92, Sec. 5(c), Oct. 29, 1979, 93 Stat. 703; Pub. L.

96-533, title I, Sec. 112(d), Dec. 16, 1980, 94 Stat. 3139,

provided for termination of authorities contained in this part

other than the authorities contained in sections 2318, 2321h, and

2321i of this title, prior to repeal by Pub. L. 97-113, title I,

Sec. 110(d), Dec. 29, 1981, 95 Stat. 1526.

AMENDMENTS

2002 - Subsec. (c)(2). Pub. L. 107-228 substituted ", to major

non-NATO allies on such southern and southeastern flank, and to the

Philippines" for "and to major non-NATO allies on such southern and

southeastern flank".

2000 - Subsec. (e)(2)(C). Pub. L. 106-280 substituted "50,000"

for "25,000".

1999 - Subsec. (b)(2). Pub. L. 106-113, Sec. 1000(a)(7) [title

XII, Sec. 1211(b)], inserted "and thereafter for the four-period

beginning on October 1, 2000," after "October 1, 1996,".

Subsec. (g)(1). Pub. L. 106-113, Sec. 1000(a)(7) [title XII, Sec.

1213], substituted "$425,000,000" for "$350,000,000".

1996 - Pub. L. 104-164 amended section generally, expanding

geographic scope of President's authority to transfer excess

defense articles, including Coast Guard property and permitting

waiver of Department of Defense reimbursement, to any country for

military assistance programs or international narcotics control, so

long as such transfer is preferable to sale and is consistent

within congressionally documented Eastern Mediterranean policy

requirements, meets certain terms of transfer requirements

including preference for NATO and non-NATO allies on southern

flank, complies with advance notification to Congress for certain

excess defense articles, and is within aggregate annual limitations

of $350,000,000 in value, for provisions which authorized President

to transfer excess defense articles to predominantly NATO countries

on southern flank for purpose of modernization of their defense

capabilities.

Subsec. (g). Pub. L. 104-106 added subsec. (g) which prohibited

certain transfers of vessels on a grant basis.

1994 - Subsec. (b)(4). Pub. L. 103-236 added par. (4).

1993 - Subsec. (a). Pub. L. 103-160, Sec. 1182(c)(2), made

technical amendment to Pub. L. 102-484, Sec. 1313(2). See 1992

Amendment note below.

Subsec. (a)(3). Pub. L. 103-160, Sec. 1421, inserted "or fiscal

year 1992" after "fiscal year 1991".

1992 - Subsec. (a). Pub. L. 102-484, Sec. 1313(4), which directed

the amendment of subsec. (a) by striking "and those countries which

received Foreign Military Financing (FMF) assistance in fiscal year

1990 and which, as of October 1, 1990, contributed armed forces to

deter Iraqi aggression in the Arabian Gulf,", could not be executed

because that language did not appear subsequent to amendment by

Pub. L. 102-391. See below.

Pub. L. 102-484, Sec. 1313(3), inserted "and (3) to those

countries which, as of October 1, 1990, contributed armed forces to

deter Iraqi aggression in the Arabian Gulf, and which either

received Foreign Military Financing (FMF) assistance in fiscal year

1990 or are in the Near East Region and received Foreign Military

Financing (FMF) assistance in fiscal year 1991," after

"southeastern flank of NATO which are eligible for United States

security assistance,".

Pub. L. 102-484, Sec. 1313(2), as amended by Pub. L. 103-160,

Sec. 1182(c)(2), substituted "structure, (2)" for "structure, and".

Pub. L. 102-484, Sec. 1313(1), inserted "(1)" after "may

transfer".

Pub. L. 102-391 repealed the amendment by Pub. L. 101-513. See

1990 Amendment note below.

1991 - Subsec. (a). Pub. L. 102-190, Sec. 1049(a)(1), struck out

"during the fiscal years 1987 through 1991," before "the President

may transfer".

Subsec. (f). Pub. L. 102-190, Sec. 1049(a)(2), added subsec. (f).

1990 - Subsec. (a). Pub. L. 101-513, which directed amendment of

subsec. (a) by inserting "and those countries which received

Foreign Military Financing (FMF) assistance in fiscal year 1990 and

which, as of October 1, 1990, contributed armed forces to deter

Iraqi aggression in the Arabian Gulf," after the second occurrence

of the words "United States security assistance,", was repealed by

Pub. L. 102-391. See 1992 Amendment note above.

1989 - Subsec. (a). Pub. L. 101-189 substituted "during the

fiscal years 1987 through 1991" for "during the fiscal years 1987,

1988, and 1989" and inserted at end "Transfers to recipient

countries under this subsection shall be consistent with the policy

framework for the Eastern Mediterranean region established in

section 2373 of this title."

1987 - Subsec. (a). Pub. L. 100-202, Sec. 101(b) [title VIII,

Sec. 8143(a), (b), (c)(1)], in first sentence substituted ", 1988,

and 1989," for "and 1988", inserted ", and to major non-NATO allies

on the southern and southeastern flank of NATO which are eligible

for United States security assistance," after "military structure",

and inserted "excess" before "defense articles", and in second

sentence inserted "excess defense" before "articles".

Subsec. (b). Pub. L. 100-202, Sec. 101(b) [title VIII, Sec.

8143(c)(2)], in introductory text, inserted "excess" before

"defense articles".

Subsecs. (c), (d). Pub. L. 100-202, Sec. 101(b) [title VIII, Sec.

8143(c)(2)], inserted "excess" before "defense articles".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1012(g)(2) of Pub. L. 104-106 provided that: "The

amendment made by paragraph (1) [amending this section] shall apply

with respect to the transfer of a vessel on or after the date of

the enactment of this Act [Feb. 10, 1996] (other than a vessel the

transfer of which is authorized by subsection (a) [110 Stat. 421]

or by law before the date of the enactment of this Act)."

EFFECTIVE DATE OF 1993 AMENDMENT

Section 1182(c)(2) of Pub. L. 103-160 provided in part that the

amendment made by that section is effective as of Oct. 23, 1992.

-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.

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-

MEDITERRANEAN EXCESS DEFENSE ARTICLES

Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.

535], Sept. 30, 1996, 110 Stat. 3009-121, 3009-153, provided that:

"For the four-year period beginning on October 1, 1996, the

President shall ensure that excess defense articles will be made

available under section[s] 516 and 519 of the Foreign Assistance

Act of 1961 [22 U.S.C. 2321j, 2321m] consistent with the manner in

which the President made available excess defense articles under

those sections during the four-year period that began on October 1,

1992, pursuant to section 573(e) of the Foreign Operations, Export

Financing, Related Programs Appropriations Act, 1990 [Pub. L.

101-167, set out below]."

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 104-107, title V, Sec. 536, Feb. 12, 1996, 110 Stat. 735.

AVOIDING DUPLICATIVE AMENDMENTS

Section 1049(b) of Pub. L. 102-190, which provided that if the

International Cooperation Act of 1991 was enacted and made the same

amendments to this section as did section 1049(a) of Pub. L.

102-190, then the duplicative amendments enacted by section 1049(a)

would not take effect, was repealed by Pub. L. 102-484, div. A,

title X, Sec. 1053(7), Oct. 23, 1992, 106 Stat. 2502.

MODERNIZATION OF MILITARY CAPABILITIES OF CERTAIN COUNTRIES

Pub. L. 101-167, title V, Sec. 573, Nov. 21, 1989, 103 Stat.

1246, as amended by Pub. L. 102-391, title V, Sec. 578(a), Oct. 6,

1992, 106 Stat. 1685, provided that:

"(a) Authority To Transfer Excess Defense Articles. -

"(1) NATO southern flank countries. - The President may

transfer -

"(A) to any NATO southern flank country which is eligible for

United States security assistance and which is integrated into

NATO's military structure; and

"(B) to any major non-NATO ally on the southern and

southeastern flank of NATO which is eligible for United States

security assistance, such excess defense articles as may be

necessary to help modernize the defense capabilities of such

country.

"(2) Major illicit drug producing countries. - Subject to

subsection (f), the President may transfer to any country -

"(A) which is a major illicit drug producing country,

"(B) which has a democratic government, and

"(C) whose armed forces do not engage in a consistent pattern

of gross violations of internationally recognized human rights,

such excess defense articles as may be necessary to carry out

subsection (f)(1).

"(3) Terms of transfers. - Excess defense articles may be

transferred under this section without cost to the recipient

country.

"(b) Limitations on Transfers. - The President may transfer

excess defense articles under this section only if -

"(1) they are drawn from existing stocks of the Department of

Defense;

"(2) funds available to the Department of Defense for the

procurement of defense equipment are not expended in connection

with the transfer; and

"(3) the President determines that the transfer of the excess

defense articles will not have an adverse impact on the military

readiness of the United States.

"(c) Notification to Congress. -

"(1) Advance notice. - The President may not transfer excess

defense articles under this section until thirty days after the

President has provided notice of the proposed transfer to the

committees specified in paragraph (2). This notification shall

include -

"(A) a certification of the need for the transfer;

"(B) an assessment of the impact of the transfer on the

military readiness of the United States; and

"(C) the value of the excess defense articles to be

transferred.

"(2) Committees to be notified. - Notice shall be provided

pursuant to paragraph (1) to the Committee on Foreign Affairs

[now Committee on International Relations], and the Committee on

Appropriations of the House of Representatives and the Committee

on Armed Services, the Committee on Foreign Relations, and the

Committee on Appropriations of the Senate.

"(d) Waiver of Requirement for Reimbursement of DOD Expenses. -

Section 632(d) of the Foreign Assistance Act of 1961 [22 U.S.C.

2392(d)] does not apply with respect to transfers of excess defense

articles under this section.

"(e) Maintenance of Military Balance in Eastern Mediterranean. -

"(1) United states policy. - The Congress intends that excess

defense articles be made available under this section consistent

with the United States policy, established by section 841 of the

International Cooperation Act of 1989 [probably means section 841

of H.R. 2655, 101st Congress, which was not enacted], of

maintaining the military balance in the Eastern Mediterranean.

"(2) Maintenance of balance. - Accordingly, the President shall

ensure that, over the four-year period beginning on October 1,

1992, the ratio of -

"(A) the value of excess defense articles made available for

Turkey under this section, to

"(B) the value of excess defense articles made available for

Greece under this section, closely approximates the ratio of -

"(i) the amount of foreign military financing provided for

Turkey, to

"(ii) the amount of foreign military financing provided for

Greece.

"(3) Exception to requirement. - This subsection shall not

apply if either Greece or Turkey ceases to be eligible to receive

excess defense articles under subsection (a).

"(f) Major Illicit Drug Producing Countries in Latin America and

the Caribbean. -

"(1) Purpose. - Excess defense articles shall be transferred

under subsection (a)(2) for the purpose of encouraging the

military forces of an eligible country in Latin America and the

Caribbean to participate with local law enforcement agencies in a

comprehensive national antinarcotics program, conceived and

developed by the government of that country, by conducting

activities within that country and on the high seas to prevent

the production, processing, trafficking, transportation, and

consumption of illicit narcotic or psychotrophic [sic] drugs or

other controlled substances.

"(2) Uses of excess defense articles. - Excess defense articles

may be furnished to a country under subsection (a)(2) only if

that country ensures that those excess defense articles will be

used only in support of antinarcotics activities.

"(3) Role of the secretary of state. - The Secretary of State

shall determine the eligibility of countries to receive excess

defense articles under subsection (a)(2) and insure that any

transfer is coordinated with other antinarcotics enforcement

programs assisted by the United States Government.

"(4) Limitation. - The aggregate value of excess defense

articles transferred to a country under subsection (a)(2) in any

fiscal year may not exceed $10,000,000.

"(g) Definitions. - As used in this section -

"(1) the term 'excess defense article' has the meaning given

that term by section 644(g) [probably means section 644(g) of

Pub. L. 87-195, which is classified to section 2403(g) of this

title];

"(2) the term 'made available' means that a good faith offer is

made by the United States to furnish the excess defense articles

to a country;

"(3) the term 'major non-NATO ally' includes Australia, Egypt,

Israel, Japan, and New Zealand;

"(4) the term 'NATO' means the North Atlantic Treaty

Organization; and

"(5) the term 'NATO southern flank countries' means Greece,

Italy, Portugal, Spain, and Turkey."

[For delegation of functions of President under section 573 of

Pub. L. 101-567, set out above, 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.]

Provisions similar to those appearing in section 573(e) of Pub.

L. 101-167, set out above, were contained in the following prior

appropriation acts:

Pub. L. 100-461, title V, Sec. 569, Oct. 1, 1988, 102 Stat.

2268-43.

Pub. L. 100-202, Sec. 101(e) [title V, Sec. 582], Dec. 22, 1987,

101 Stat. 1329-131, 1329-182.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287e-2, 2305 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "four-year period".

-End-

-CITE-

22 USC Sec. 2321k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2321k. Designation of major non-NATO allies

-STATUTE-

(a) Notice to Congress

The President shall notify the Congress in writing at least 30

days before -

(1) designating a country as a major non-NATO ally for purposes

of this chapter and the Arms Export Control Act (22 U.S.C. 2751

et seq.); or

(2) terminating such a designation.

(b) Initial designations

Australia, Egypt, Israel, Japan, the Republic of Korea, and New

Zealand shall be deemed to have been so designated by the President

as of the effective date of this section, and the President is not

required to notify the Congress of such designation of those

countries.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 517, as added Pub. L. 104-164, title

I, Sec. 147(a)(1), July 21, 1996, 110 Stat. 1434.)

-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.

The Arms Export Control Act, referred to in subsec. (a)(1), 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.

The effective date of this section, referred to in subsec. (b),

is July 21, 1996, the date of enactment of Pub. L. 104-164, which

enacted this section.

-MISC1-

PRIOR PROVISIONS

A prior section 2321k, Pub. L. 87-195, pt. II, Sec. 517, as added

Pub. L. 101-231, Sec. 5, Dec. 13, 1989, 103 Stat. 1957; amended

Pub. L. 101-623, Sec. 15, Nov. 21, 1990, 104 Stat. 3357; Pub. L.

102-583, Sec. 9(a), Nov. 2, 1992, 106 Stat. 4934; Pub. L. 103-236,

title VII, Sec. 731(b), Apr. 30, 1994, 108 Stat. 502, related to

modernization of counternarcotics capabilities of certain Latin

America and Caribbean countries, prior to repeal by Pub. L.

104-164, title I, Sec. 104(b)(2)(B), July 21, 1996, 110 Stat. 1427.

-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-

TREATMENT OF TAIWAN RELATING TO TRANSFERS OF DEFENSE ARTICLES AND

DEFENSE SERVICES

Pub. L. 107-228, div. B, title XII, Sec. 1206, Sept. 30, 2002,

116 Stat. 1428, provided that: "Notwithstanding any other provision

of law, for purposes of the transfer or possible transfer of

defense articles or defense services under the Arms Export Control

Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961

(22 U.S.C. 2151 et seq.), or any other provision of law, Taiwan

shall be treated as though it were designated a major non-NATO ally

(as defined in section 644(q) of the Foreign Assistance Act of 1961

(22 U.S.C. 2403(q))[)]."

[For definitions of "defense article" and "defense service" as

used in section 1206 of Pub. L. 107-228, set out above, see section

1002 of Pub. L. 107-228, set out as a note under section 2151 of

this title.]

-EXEC-

DESIGNATION OF JORDAN AS MAJOR NON-NATO ALLY

Determination of President of the United States, No. 97-4, Nov.

12, 1996, 61 F.R. 59809, provided:

I hereby designate the Hashemite Kingdom of Jordan a major

non-NATO ally of the United States pursuant to section 517 of the

Foreign Assistance Act of 1961, as amended [22 U.S.C. 2321k], for

the purposes of the Foreign Assistance Act of 1961, as amended [22

U.S.C. 2151 et seq.], and the Arms Export Control Act [22 U.S.C.

2751 et seq.].

You are authorized and directed to publish this determination in

the Federal Register.

William J. Clinton.

DESIGNATION OF ARGENTINA AS MAJOR NON-NATO ALLY

Determination of President of the United States, No. 98-9, Jan.

6, 1998, 63 F.R. 3635, provided:

I hereby designate the Republic of Argentina a major non-NATO

ally of the United States pursuant to section 517 of the Foreign

Assistance Act of 1961, as amended [22 U.S.C. 2321k], for the

purposes of the Foreign Assistance Act of 1961, as amended [22

U.S.C. 2151 et seq.], and the Arms Export Control Act [22 U.S.C.

2751 et seq.].

You are authorized and directed to publish this determination in

the Federal Register.

William J. Clinton.

DESIGNATION OF BAHRAIN AS MAJOR NON-NATO ALLY

Determination of President of the United States, No. 2002-10,

Mar. 14, 2002, 67 F.R. 13247, provided:

Memorandum for the Secretary of State

Pursuant to the authority vested in me, by section 517 of the

Foreign Assistance Act of 1961, as amended (the "Act") [22 U.S.C.

2321k], I hereby designate the Kingdom of Bahrain as a major

non-NATO ally of the United States for the purposes of the Act [22

U.S.C. 2151 et seq.] and the Arms Export Control Act [22 U.S.C.

2751].

You are authorized and directed to publish this determination in

the Federal Register.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2403, 7432 of this title.

-End-

-CITE-

22 USC Secs. 2321l to 2321n 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Secs. 2321g742l to 2321n. Repealed. Pub. L. 104-164, title I, Sec.

104(b)(2)(B), July 21, 1996, 110 Stat. 1427

-MISC1-

Section 2321l, Pub. L. 87-195, pt. II, Sec. 518, as added Pub. L.

101-513, title V, Sec. 533(f), Nov. 5, 1990, 104 Stat. 2015,

authorized President to transfer nonlethal excess defense articles

and small arms to friendly countries and to international

organizations and private and voluntary organizations for

preservation of endangered animal and plant species.

Section 2321m, Pub. L. 87-195, pt. II, Sec. 519, as added Pub. L.

101-513, title V, Sec. 596(b), Nov. 5, 1990, 104 Stat. 2061;

amended Pub. L. 103-236, title VII, Sec. 731(c), Apr. 30, 1994, 108

Stat. 502, authorized President to transfer to countries for whom

foreign military financing program was justified such nonlethal

excess defense articles as President determined necessary to help

modernize defense capabilities of such countries.

Section 2321n, Pub. L. 87-195, pt. II, Sec. 520, as added Pub. L.

103-236, title IV, Sec. 408, Apr. 30, 1994, 108 Stat. 452,

authorized President to transfer to international and regional

organizations of which United States is a member such excess

defense articles as President determined necessary to support and

maintain international peacekeeping operations and security.

-End-

-CITE-

22 USC Sec. 2322 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part II - Military Assistance

-HEAD-

Sec. 2322. Transferred

-COD-

CODIFICATION

Section, Pub. L. 87-195, pt. II, Sec. 521, formerly Sec. 514, as

added Pub. L. 89-583, pt. II, Sec. 201(f), Sept. 19, 1966, 80 Stat.

803; renumbered Sec. 521, Pub. L. 90-137, pt. II, Sec. 201(o)(1),

Nov. 14, 1967, 81 Stat. 457, which related to administration of

sales programs, was transferred to section 2341 of this title and

subsequently repealed by Pub. L. 90-629, Sec. 45(a), Oct. 22, 1968,

82 Stat. 1327.

-End-

-CITE-

22 USC Part III - Foreign Military Sales 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part III - Foreign Military Sales

-HEAD-

PART III - FOREIGN MILITARY SALES

-End-

-CITE-

22 USC Secs. 2341 to 2343 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part III - Foreign Military Sales

-HEAD-

Secs. 2341 to 2343. Repealed. Pub. L. 90-629, ch. 4, Sec. 45(a),

Oct. 22, 1968, 82 Stat. 1327

-MISC1-

Section 2341, Pub. L. 87-195, pt. II, Sec. 521, formerly Sec.

514, as added Pub. L. 89-583, pt. II, Sec. 201(f), Sept. 19, 1966,

80 Stat. 803; renumbered Sec. 521 and amended Pub. L. 90-137, pt.

II, Sec. 201(o)(1), (3)-(7), Nov. 14, 1967, 81 Stat. 457, provided

for administration of sales programs involving defense articles and

services. Subsec. (a) related to encouragement of regional arms

control and disarmament agreements and discouragement of arms

races; reimbursable basis of acquisitions; domestic procurement;

and considerations. Subsec. (b) related to limitation on military

assistance and sales for American Republics; and inclusion of

assistance to inter-American military force under control of

Organization of American States. Subsec. (c) related to furnishing

of defense articles and services; conditions; and report to

Congress. For subject matter of subsecs. (a) to (c), see sections

2751 and 2791, 2773, and 2753 of this title, respectively.

Section 2342, Pub. L. 87-195, pt. II, Sec. 522, formerly Sec. 507

(a), Sept. 4, 1961, 75 Stat. 437; amended Pub. L. 87-565, pt. II,

Sec. 201(b), Aug. 1, 1962, 76 Stat. 259; Pub. L. 89-171, pt. II,

Sec. 201(d)(1), Sept. 6, 1965, 79 Stat. 657; renumbered Sec. 522

and amended Pub. L. 90-137, pt. II, Sec. 201(f), Nov. 14, 1967, 81

Stat. 456, provided for sales of defense articles from stock and

services, manner of payment, price of non-excess defense articles,

and value of excess defense articles. See section 2761 of this

title.

Section 2343, Pub. L. 87-195, pt. II, Sec. 523, formerly Sec.

507(b), Sept. 4, 1961, 75 Stat. 437; amended Pub. L. 87-565, pt.

II, Sec. 201(c), Aug. 1, 1962, 76 Stat. 259; Pub. L. 88-633, pt.

II, Sec. 201(c), Oct. 7, 1964, 78 Stat. 1011; Pub. L. 89-171, pt.

II, Sec. 201(d)(2), Sept. 6, 1965, 79 Stat. 657; renumbered Sec.

523 and amended Pub. L. 90-137, pt. II, Sec. 201(g), Nov. 14, 1967,

81 Stat. 456, related to contracts for procurement for sales;

undertakings; reimbursements; fixed-price sales agreements;

prohibition against sales of articles available from commercial

sources; and waiver of restrictions. See section 2762 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

Section 46 of Pub. L. 90-629 provided that: "Except as may be

expressly provided to the contrary in this Act [see Short Title

note set out under section 2751 of this title], 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 45(a) [repealing

sections 2341 to 2343, 2344(b)(3), 2345, 2394(g), and 2399a of this

title] shall continue in full force and effect until modified by

appropriate authority."

-End-

-CITE-

22 USC Sec. 2344 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part III - Foreign Military Sales

-HEAD-

Sec. 2344. Reimbursements

-STATUTE-

(a) Separate fund account; transfers to such account

Whenever funds made available for use under subchapter II of this

chapter have been or are used to furnish military assistance on

cash or credit terms, United States dollar repayments, including

dollar proceeds derived from the sale of foreign currency

repayments to any agency or program of the United States

Government, receipts received from the disposition of evidences of

indebtedness and charges (including fees and premiums) or interest

collected shall be credited to a separate fund account, and shall

be available until expended solely for the purpose of financing

sales and guaranties, including the overhead costs thereof, and,

notwithstanding any provision of law relating to receipts and

credits accruing to the United States Government, repayments in

foreign currency may be used to carry out subchapter II of this

chapter. Such amounts of the appropriations made available under

subchapter II of this chapter (including unliquidated balances of

funds heretofore obligated for financing sales and guarantees) as

may be determined by the President shall be transferred to, and

merged with, the separate fund account.

(b) Termination of account; special account for discharge of

Federal liabilities and obligations; general fund for excess

moneys

(1) The special fund account established under subsection (a) of

this section shall terminate as of the end of June 30, 1968, or on

such earlier date as may be selected by the President.

(2) Upon the termination of such fund account pursuant to

paragraph (1), all of the assets of such fund account (including

loans and other payments receivable) shall be transferred to a

special account in the Treasury, which special account shall be

available solely for the purpose of discharging outstanding

liabilities and obligations of the United States arising out of

credit sales agreements entered into, and guaranties issued, under

subchapter II of this chapter prior to June 30, 1968. Any moneys in

such special account in excess of the aggregate United States

dollar amount of such liabilities and obligations shall be

transferred from time to time to the general fund of the Treasury.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 524, formerly Sec. 508, Sept. 4,

1961, 75 Stat. 437; Pub. L. 89-171, pt. II, Sec. 201(e), Sept. 6,

1965, 79 Stat. 657; Pub. L. 89-583, pt. II, Sec. 201(c), Sept. 19,

1966, 80 Stat. 803; renumbered Sec. 524 and amended Pub. L. 90-137,

pt. II, Sec. 201(h), Nov. 14, 1967, 81 Stat. 456; Pub. L. 90-629,

ch. 4, Sec. 45(a), Oct. 22, 1968, 82 Stat. 1327.)

-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.

-COD-

CODIFICATION

Section was formerly classified to section 2316 of this title.

-MISC2-

AMENDMENTS

1968 - Subsec. (b)(3). Pub. L. 90-629 repealed provisions of par.

(3) which related to appropriations for financing sales, dollar

value payments, general fund for payments, and exempt transactions,

and is now covered by section 2763 of this title.

1967 - Pub. L. 90-137 designated existing provisions as subsec.

(a) and added subsec. (b).

1966 - Pub. L. 89-583 provided for transfer to and merger with

the separate fund account of such amounts of available

appropriations (including unliquidated balances of funds heretofore

obligated for financing sales and guarantees) as is determined by

the President.

1965 - Pub. L. 89-171 inserted "receipts received from the

disposition of evidences of indebtedness and charges (including

fees and premiums) or interest collected" and substituted "have

been or are used" for "are used" and "financing sales and

guaranties, including the overhead costs thereof" for "furnishing

further military assistance on cash or credit terms."

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. (b)(3) 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.

-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-

INCREASES IN MILITARY ASSISTANCE PROGRAMS; REPORTS TO CONGRESS ON

PRESIDENTIAL DETERMINATIONS

Pub. L. 91-194, title I, Sec. 100, Feb. 9, 1970, 84 Stat. 7, in

part, limited increases in the military assistance program for any

country to twenty per cent of the amount justified to Congress

unless the President determined that such an increase was essential

to the national interest of the United States and reported such

determination to the Congress within thirty days after each such

determination.

Similar provisions were contained in Pub. L. 90-249, title I,

Sec. 100, Jan. 2, 1968, 81 Stat. 937; Pub. L. 90-581, title I, Sec.

100, Oct. 17, 1968, 82 Stat. 1138.

EXPENDITURES BY UNDERDEVELOPED COUNTRIES FOR WEAPONS SYSTEMS;

PRESIDENTIAL DETERMINATION; REPORT TO CONGRESS

Pub. L. 91-194, title I, Sec. 119, Feb. 9, 1970, 84 Stat. 10,

directed the President to withhold economic assistance in an amount

equivalent to the amount spent by any underdeveloped country for

the purchase of sophisticated weapons systems from any country

other than certain enumerated countries, unless the President

determined that such a purchase was important to the national

security of the United States and reported such determination to

Congress within thirty days after each such determination.

Similar provisions were contained in Pub. L. 90-249, title I,

Sec. 119, Jan. 2, 1968, 81 Stat. 940; Pub. L. 90-581, title I, Sec.

119, Oct. 17, 1968, 82 Stat. 1141.

ARMS RACES AND WEAPONS SYSTEMS RESTRAINTS; PROHIBITIONS AGAINST

DIVERSION OF RESOURCES FOR ECONOMIC AND AGRICULTURAL DEVELOPMENT TO

MILITARY PURPOSES

Pub. L. 91-194, title I, Sec. 120, Feb. 9, 1970, 84 Stat. 10,

provided that:

"(a) In order to restrain arms races and proliferation of

sophisticated weapons, and to ensure that resources intended for

economic development are not diverted to military purposes, the

President shall take into account before furnishing development

loans, Alliance loans, or supporting assistance to any country

under this Act [Pub. L. 91-194], and before making sales under the

Agricultural Trade Development and Assistance Act of 1954, as

amended [section 1691 et seq. of Title 7, Agriculture]:

"(1) the percentage of the recipient or purchasing country's

budget which is devoted to military purposes,

"(2) the degree to which the recipient or purchasing country is

using its foreign exchange resources to acquire military

equipment; and

"(3) the amount spent by the recipient or purchasing country

for the purchase of sophisticated weapons systems, such as

missile systems and jet aircraft for military purposes, from any

country.

"(b) The President shall report annually to the Speaker of the

House of Representatives and the Committee on Foreign Relations of

the Senate his actions in carrying out this provision."

-End-

-CITE-

22 USC Sec. 2345 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part III - Foreign Military Sales

-HEAD-

Sec. 2345. Repealed. Pub. L. 90-629, ch. 4, Sec. 45(a), Oct. 22,

1968, 82 Stat. 1327

-MISC1-

Section, Pub. L. 87-195, pt. II, Sec. 525, formerly Secs. 503(e),

509(b), as added Pub. L. 88-633, pt. II, Sec. 201(a), (d), Oct. 7,

1964, 78 Stat. 1011; amended Pub. L. 89-171, pt. II, Sec. 201(f),

Sept. 6, 1965, 79 Stat. 657; renumbered Sec. 525 and amended Pub.

L. 90-137, pt. II, Sec. 201(b)(3), (i)(2), Nov. 14, 1967, 81 Stat.

455, 457, provided for guaranties until June 30, 1968. See section

2764 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 2345 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 former section 2341 of this title.

-End-

-CITE-

22 USC Part IV - Economic Support Fund 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IV - Economic Support Fund

-HEAD-

PART IV - ECONOMIC SUPPORT FUND

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 290f, 2077, 2151b, 2151n,

2151n-2, 2151u, 2151x, 2151x-1, 2151x-2, 2152c, 2152d, 2184, 2185,

2186, 2275, 2291, 2295b, 2296e, 2304, 2348a, 2354, 2355, 2357,

2358, 2361, 2362, 2368, 2369, 2371, 2385, 2395, 2397, 2399c, 2399d,

2421, 2421d, 2427, 2430c, 2431d, 2799aa, 2799aa-1, 3403, 5412,

5442, 5451, 5452, 5453, 5854, 6062, 6591, 7102, 7536 of this title;

title 12 section 635r; title 20 section 226.

-End-

-CITE-

22 USC Sec. 2346 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IV - Economic Support Fund

-HEAD-

Sec. 2346. Authority

-STATUTE-

(a) Policy requirements for assistance

The Congress recognizes that, under special economic, political,

or security conditions, the national interests of the United States

may require economic support for countries or in amounts which

could not be justified solely under part I of subchapter I of this

chapter or, in the case of countries in sub-Saharan Africa, part X

of subchapter I of this chapter. In such cases, the President is

authorized to furnish assistance to countries and organizations, on

such terms and conditions as he may determine, in order to promote

economic or political stability. To the maximum extent feasible,

the President shall provide assistance under this part consistent

with the policy directions, purposes, and programs of subchapter I

of this chapter.

(b) Responsibility for policy decisions and justifications

The Secretary of State shall be responsible for policy decisions

and justifications for economic support programs under this part,

including determinations of whether there will be an economic

support program for a country and the amount of the program for

each country. The Secretary shall exercise this responsibility in

cooperation with the Administrator of the agency primarily

responsible for administering subchapter I of this chapter.

(c) Detailed justification for uses and purposes of funds

As part of the annual presentation materials for foreign

assistance submitted to the Congress, the agency primarily

responsible for administering subchapter II of this chapter shall

provide a detailed justification for the uses and the purposes of

the funds provided under this part. Such material shall include,

but not be limited to, information concerning the amounts and kinds

of cash grant transfers, the amounts and kinds of budgetary and

balance-of-payments support provided, and the amounts and kinds of

project assistance provided with funds made available under this

part.

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

533(a)(5)], Oct. 21, 1998, 112 Stat. 2681-150, 2681-180

(e) Availability of funds

Amounts appropriated to carry out this part shall be available

for economic programs only and may not be used for military or

paramilitary purposes.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 531, as added Pub. L. 99-83, title

II, Sec. 201(a), Aug. 8, 1985, 99 Stat. 210; amended Pub. L.

101-513, title V, Sec. 562(d)(8), Nov. 5, 1990, 104 Stat. 2031;

Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 533(a)(5)],

Oct. 21, 1998, 112 Stat. 2681-150, 2681-180.)

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE THIS AND CERTAIN OTHER

PARTS OF SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO

EXCLUDE SUCH PARTS

Pub. L. 92-226, pt. II, Sec. 202(b), Feb. 7, 1972, 86 Stat. 27,

provided that: "Chapter 4 of part I of the Foreign Assistance Act

of 1961 [part IV of subchapter I of this chapter (sections 2241 to

2243 of this title)] is hereby repealed. References to such chapter

[4 of part I of the Foreign Assistance Act of 1961 (former sections

2241 to 2243 of this title)] or any sections thereof shall

hereafter [on and after Feb. 7, 1972] be deemed to be references to

chapter 4 of part II of the Foreign Assistance Act of 1961, as

added by subsection (a) of this section [this part], or to

appropriate sections thereof. All references to part I of the

Foreign Assistance Act of 1961 [subchapter I of this chapter] shall

hereafter be deemed to be references also to chapter 4 of part II

[this part], and all references to part II of such Act [subchapter

II of this chapter] shall be deemed not to include chapter 4 of

such part II [this part]".

References to subchapter I of this chapter are deemed to include

parts 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 sections 2348c and 2349aa-5 of

this title.

REFERENCE TO PART I DEEMED TO INCLUDE SECTION 2293

Reference to part I of subchapter I of this chapter deemed to

include a reference to section 2293 of this title. See section

2293(d)(1) of this title.

PRIOR PROVISIONS

A prior section 2346, Pub. L. 87-195, pt. II, Sec. 531, as added

Pub. L. 92-226, pt. II, Sec. 202(a), Feb. 7, 1972, 86 Stat. 26;

amended Pub. L. 95-92, Sec. 8(a), Aug. 4, 1977, 91 Stat. 617; Pub.

L. 95-384, Sec. 10(a), Sept. 26, 1978, 92 Stat. 733; 1979 Reorg.

Plan No. 2, Sec. 6(b)(1), eff. Oct. 1, 1979, 44 F.R. 41166, 93

Stat. 1379; Pub. L. 96-92, Sec. 8(a), Oct. 29, 1979, 93 Stat. 703;

Pub. L. 96-533, title II, Sec. 201, Dec. 16, 1980, 94 Stat. 3142;

Pub. L. 97-113, title II, Sec. 201, Dec. 29, 1981, 95 Stat. 1528,

authorized President to furnish assistance to countries and

organizations to promote economic or political stability, prior to

repeal by Pub. L. 99-83, title II, Sec. 201(a), Aug. 8, 1985, 99

Stat. 210.

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-277 struck out subsec. (d) which

read as follows: "To the maximum extent feasible, funds made

available pursuant to this part for commodity import programs or

other program assistance shall be used to generate local

currencies, not less than 50 percent of which shall be available to

support activities consistent with the objectives of sections 2151a

through 2151d of this title, and administered by the agency

primarily responsible for administering subchapter I of this

chapter."

1990 - Subsec. (a). Pub. L. 101-513 inserted "or, in the case of

countries in sub-Saharan Africa, part X of subchapter I of this

chapter" after "part I of subchapter I of this chapter".

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1301 of Pub. L.

99-83, set out as an Effective Date of 1985 Amendment 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-

ASSISTANCE TO LEBANON

Pub. L. 107-228, div. B, title XII, Sec. 1224, Sept. 30, 2002,

116 Stat. 1432, provided that:

"(a) Prohibition. - Notwithstanding any other provision of law,

$10,000,000 of the amounts made available for fiscal year 2003 or

any subsequent fiscal year that are allocated for assistance to

Lebanon 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) may not be obligated unless and until the President certifies

to the appropriate congressional committees that -

"(1) the armed forces of Lebanon have been deployed to the

internationally recognized border between Lebanon and Israel; and

"(2) the Government of Lebanon is effectively asserting its

authority in the area in which such armed forces have been

deployed.

"(b) Requirement Relating to Funds Withheld. - Notwithstanding

any other provision of law, any funds withheld pursuant to

subsection (a) may not be programmed in order to be used for a

purpose other than for assistance to Lebanon until the last month

of the fiscal year in which the authority to obligate such funds

lapses."

[For definition of "appropriate congressional committees" as used

in section 1224 of Pub. L. 107-228, set out above, see section 3 of

Pub. L. 107-228, set out as a note under section 2651 of this

title.]

REPORTS ON ECONOMIC CONDITIONS PREVAILING IN EGYPT, ISRAEL, TURKEY,

AND PORTUGAL

Section 1205 of Pub. L. 99-83 provided that:

"(a) External Debt Burden of Certain Countries Receiving United

States Assistance. - The Congress finds that the Governments of

Egypt, Israel, Turkey, and Portugal each have an enormous external

debt burden which may be made more difficult by virtue of financing

provided for those governments under various United States

assistance programs.

"(b) Annual Reports on Economic Conditions. - In order to assist

the Congress in examining United States assistance for these

countries, the President shall report to Speaker of the House of

Representatives and to the chairman of the Committee on Foreign

Relations of the Senate, not later than January 15 of each year,

regarding economic conditions prevailing in Egypt, Israel, Turkey,

and Portugal which may affect their respective ability to meet

their international debt obligations and to stabilize their

economies."

[For delegation of functions of President under section 1205(b)

of Pub. L. 99-83, set out above, 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.]

REFERENCES TO SECURITY SUPPORTING ASSISTANCE AS REFERENCES TO

ASSISTANCE UNDER PART IV OF SUBCHAPTER II OF THIS CHAPTER

Section 10(b)(6) of Pub. L. 95-384 provided that: "After

September 30, 1978, any reference in any law to security supporting

assistance shall be deemed to be a reference to assistance under

chapter 4 of part II of the Foreign Assistance Act of 1961 [this

part]."

SECURITY SUPPORTING ASSISTANCE PROGRAM FOR EGYPT

Section 9 of Pub. L. 95-92, as amended by Pub. L. 95-384, Sec.

29(c)(2)(A), Sept. 26, 1978, 92 Stat. 747, provided that: "It is

the sense of the Congress that the security supporting assistance

program for Egypt plays an important role in the Middle East peace

effort and that the Executive branch should concentrate its efforts

in order to make the program a success."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5854 of this title; title

12 section 635r.

-End-

-CITE-

22 USC Sec. 2346a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IV - Economic Support Fund

-HEAD-

Sec. 2346a. Authorizations of appropriations

-STATUTE-

(a) Recipients and purposes of funds

There are authorized to be appropriated to the President to carry

out the purposes of this part -

(1) $2,015,000,000 for the fiscal year 1986 and $2,015,000,000

for the fiscal year 1987 for the following countries signing the

Camp David agreement: Israel and Egypt; and

(2) $1,785,000,000 for the fiscal year 1986 and $1,785,000,000

for the fiscal year 1987 for assistance under this part for

recipients or purposes other than the countries referred to in

paragraph (1).

(b) Availability of amounts

Amounts appropriated to carry out this part are authorized to

remain available until expended.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 532, as added Pub. L. 99-83, title

II, Sec. 201(a), Aug. 8, 1985, 99 Stat. 211.)

-MISC1-

PRIOR PROVISIONS

A prior section 2346a, Pub. L. 87-195, pt. II, 532, as added Pub.

L. 97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1529;

amended Pub. L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat.

970, earmarked specific funds for Israel and Egypt, prior to repeal

by Pub. L. 99-83, title II, Sec. 201(a), Aug. 8, 1985, 99 Stat.

210.

Another prior section 2346a, Pub. L. 87-195, pt. II, Sec. 532, as

added Pub. L. 96-533, title II, Sec. 202, Dec. 16, 1980, 94 Stat.

3142, related to Middle East programs and use of fiscal year funds,

prior to repeal by Pub. L. 97-113, title II, Sec. 202, Dec. 29,

1981, 95 Stat. 1529.

Another prior section 2346a, Pub. L. 87-195, pt. II, Sec. 532, as

added Pub. L. 92-226, pt. II, Sec. 202(a), Feb. 7, 1972, 86 Stat.

26; amended Pub. L. 93-189, Sec. 13(1), Dec. 17, 1973, 87 Stat.

722; Pub. L. 93-559, Sec. 18, Dec. 30, 1974, 88 Stat. 1800; Pub. L.

94-329, title V, Sec. 501(a), June 30, 1976, 90 Stat. 762; Pub. L.

95-92, Sec. 8(b), Aug. 4, 1977, 91 Stat. 617; Pub. L. 95-384, Sec.

10(a), Sept. 26, 1978, 92 Stat. 733; Pub. L. 96-92, Sec. 8(b), Oct.

29, 1979, 93 Stat. 703, related to Middle East program, providing

policy requirements, availability of funds, amount of grants, and

cash transfers, regional programs, comprehensive peace settlement

and process of peace, and assistance to Syria, prior to repeal by

Pub. L. 96-533, title II, Sec. 202, Dec. 16, 1980, 94 Stat. 3142.

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1301 of Pub. L.

99-83, set out as an Effective Date of 1985 Amendment 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-

TERMINATION OF ASSISTANCE PROGRAMS TO SYRIA

Pub. L. 98-164, title X, Sec. 1004, Nov. 22, 1983, 97 Stat. 1057,

provided that:

"(a) After the enactment of this section [Nov. 22, 1983], funds

available to the Agency for International Development may not be

used for any payment or reimbursement of any kind to the Government

of Syria or for the delivery of any goods or services of any kind

to the Government of Syria.

"(b) The Administrator of the Agency for International

Development shall deobligate all funds which have been obligated

for Syria under the Foreign Assistance Act of 1961 [this chapter]

prior to the enactment of this section [Nov. 22, 1983], except that

-

"(1) such funds may continue to be used to finance the training

or studies outside of Syria of students whose course of study

began before the enactment of this section;

"(2) the Administrator may adopt as a contract of the United

States Government any contract with a United States or

third-country contractor which would otherwise be terminated

pursuant to this subsection, and may assume in whole or in part

any liabilities arising under such contract, except that the

authority provided by this paragraph may be exercised only to the

extent that budget authority is available to meet the obligations

of the United States under such contracts; and

"(3) amounts certified pursuant to section 1311 of the

Supplemental Appropriation Act, 1955 [31 U.S.C. 1108(c), 1501,

1502(a)], as having been obligated for Syria under chapter 4 of

part II of the Foreign Assistance Act of 1961 [this part] shall

continue to be available until expended to meet necessary

expenses arising from the termination of assistance programs for

Syria pursuant to this subsection."

Section 101(b)(1) of Pub. L. 98-151 provided that: "None of the

funds heretofore appropriated or otherwise made available for Syria

for the purposes of carrying out the provisions of chapter 4 of

part II of the Foreign Assistance Act of 1961 [this part] shall be

expended after the date of enactment of this joint resolution [Nov.

14, 1983]. The Administrator of the Agency for International

Development is directed to terminate the economic assistance

program to Syria and to deobligate all funds heretofore obligated

for assistance to Syria, except that such funds may continue to be

available to finance the training or studies outside of Syria of

students whose course of study or training program began before

enactment of this joint resolution. The Administrator of the Agency

for International Development is authorized to adopt as a contract

of the United States Government, and assume any liabilities arising

thereunder (in whole or in part), any contract with a United States

contractor which had been funded by the Agency for International

Development prior to the date of enactment of this joint

resolution. Amounts certified pursuant to section 1311 of the

Supplemental Appropriations Act, 1955 [31 U.S.C. 1108(c), 1501,

1502(a)], as having been obligated against appropriations

heretofore made pursuant to chapter 4 of part II of the Foreign

Assistance Act of 1961 (and predecessor legislation) for Syria are

hereby continued available until expended to meet necessary

expenses arising from the termination under this subsection of

assistance programs for Syria authorized by such chapter: Provided,

That this shall not be construed as permitting payments or

reimbursements of any kind to the Government of Syria."

NEGOTIATIONS BETWEEN ISRAEL AND EGYPT; PROMOTION, ETC.

Section 28 of Pub. L. 95-384 provided that:

"(a) The Congress finds that -

"(1) a lasting settlement of the Arab-Israel conflict is vital

to United States national interests as well as to the interests

of the countries of the region;

"(2) support for a strong and secure Israel and the maintenance

for this purpose of Israel's effective defense capabilities as

essential to peace remains a fundamental tenet of United States

foreign policy;

"(3) direct, face-to-face negotiations between Israel and Egypt

without preconditions is an historic opening for peace, and the

support of such negotiations by other moderate Arab countries,

can best promote a peace settlement based on mutual concessions

and accommodations;

"(4) the establishment of secure, recognized, and defensible

borders between Israel and its neighbors will discourage

hostilities; and

"(5) full, normalized relations between Israel and its Arab

neighbors, including trade, travel, tourism, communications, and

diplomatic relations are vital for peace.

"(b) It is the sense of the Congress that the Government of the

United States should continue to promote direct negotiations

between Israel and Egypt and to encourage other Arab countries to

enter into negotiations leading to peace treaties with Israel.

"(c) It is further the sense of the Congress that the United

States should be responsive to Israel's economic needs and defense

requirements, including the provision of additional advanced

aircraft, in order to maintain Israel's defense capability which is

essential to peace."

-End-

-CITE-

22 USC Sec. 2346b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IV - Economic Support Fund

-HEAD-

Sec. 2346b. Emergency assistance

-STATUTE-

(a) Of the funds appropriated to carry out this part, up to

$75,000,000 for the fiscal year 1986 and up to $75,000,000 for the

fiscal year 1987 may be made available for emergency use under this

part when the national interests of the United States urgently

require economic support to promote economic or political

stability.

(b) Notwithstanding any provision of this part or of an

appropriations Act (including a joint resolution making continuing

appropriations) which earmarks funds available to carry out this

part for a specific country or purpose, up to 5 percent of each

amount so earmarked may be used to carry out this section.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 533, formerly Sec. 535, as added Pub.

L. 97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1530;

renumbered Sec. 533 and amended Pub. L. 99-83, title II, Sec.

201(b), Aug. 8, 1985, 99 Stat. 211.)

-COD-

CODIFICATION

Section was classified to section 2346d of this title prior to

renumbering by Pub. L. 99-83.

-MISC1-

PRIOR PROVISIONS

A prior section 2346b, Pub. L. 87-195, pt. II, Sec. 533, as added

Pub. L. 97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1530,

related to grants for eastern Mediterranean programs, prior to

repeal by Pub. L. 99-83, title II, Sec. 201(a), Aug. 8, 1985, 99

Stat. 210.

Another prior section 2346b, Pub. L. 87-195, pt. II, Sec. 533, as

added Pub. L. 96-533, title II, Sec. 202, Dec. 16, 1980, 94 Stat.

3143, related to Central American economic support, prior to repeal

by Pub. L. 97-113, Sec. 202, Dec. 29, 1981, 95 Stat. 1529.

Another prior section 2346b, Pub. L. 87-195, pt. II, Sec. 533, as

added Pub. L. 95-92, Sec. 8(c), Aug. 4, 1977, 91 Stat. 618; amended

Pub. L. 95-384, Sec. 10(a), Sept. 26, 1978, 92 Stat. 735; Pub. L.

96-92, Sec. 8(c), Oct. 29, 1979, 93 Stat. 704, provided for a

Southern Africa economic support program, including availability of

funds and assistance requirements and limitations, prior to repeal

by Pub. L. 96-533, title II, Sec. 202, Dec. 16, 1980, 94 Stat.

3142.

Another prior section 2346b, Pub. L. 87-195, pt. II, Sec. 533, as

added Pub. L. 92-226, pt. II, Sec. 202(a), Feb. 7, 1972, 86 Stat.

27, provided for a Vietnam special dollar account for coverage of

United States refund claims, amount in account, and maintenance of

dollar level, prior to repeal by Pub. L. 93-189, Sec. 13(2), Dec.

17, 1973, 87 Stat. 722.

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-83, Sec. 202(b)(1), substituted

"1986" and "1987" for "1982" and "1983", respectively.

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.

-End-

-CITE-

22 USC Sec. 2346c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IV - Economic Support Fund

-HEAD-

Sec. 2346c. Administration of justice

-STATUTE-

(a) Authorization of assistance; purposes

The President may furnish assistance under this part to countries

and organizations, including national and regional institutions, in

order to strengthen the administration of justice in countries in

Latin America and the Caribbean.

(b) Scope of assistance

Assistance under this section may only include -

(1) support for specialized professional training,

scholarships, and exchanges for continuing legal education;

(2) programs to enhance prosecutorial and judicial capabilities

and protection for participants in judicial cases;

(3) notwithstanding section 2420 of this title -

(A) programs to enhance professional capabilities to carry

out investigative and forensic functions conducted under

judicial or prosecutorial control;

(B) programs to assist in the development of academic

instruction and curricula for training law enforcement

personnel;

(C) programs to improve the administrative and management

capabilities of law enforcement agencies, especially their

capabilities relating to career development, personnel

evaluation, and internal discipline procedures; and

(D) programs, conducted through multilateral or regional

institutions, to improve penal institutions and the

rehabilitation of offenders;

(4) strengthening professional organizations in order to

promote services to members and the role of the bar in judicial

selection, enforcement of ethical standards, and legal reform;

(5) increasing the availability of legal materials and

publications;

(6) seminars, conferences, and training and educational

programs to improve the administration of justice and to

strengthen respect for the rule of law and internationally

recognized human rights; and

(7) revision and modernization of legal codes and procedures.

(c) Availability of funds

Not more than $20,000,000 of the funds made available to carry

out this part for any fiscal year shall be available to carry out

this section, in addition to amounts otherwise available for such

purposes.

(d) Obligation of funds

Funds may not be obligated for assistance under this section

unless the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the

Senate are notified of the amount and nature of the proposed

assistance at least 15 days in advance in accordance with the

procedures applicable to reprogrammings pursuant to section 2394-1

of this title.

(e) Participation of Defense personnel in training prohibited;

availability of funds; expiration of authority

Personnel of the Department of Defense and members of the United

States Armed Forces may not participate in the provision of

training under this section. Of the funds made available to carry

out this section, not more than $10,000,000 may be made available

in fiscal year 1991 to carry out the provisions of subsection

(b)(3) of this section. The authority of this section shall expire

on September 30, 1991.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 534, as added Pub. L. 99-83, title

VII, Sec. 712, Aug. 8, 1985, 99 Stat. 244; amended Pub. L. 100-202,

Sec. 101(e) [title V, Sec. 579], Dec. 22, 1987, 101 Stat. 1329-131,

1329-181; Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1206;

Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1990; Pub. L.

101-623, Sec. 2(b)(6), Nov. 21, 1990, 104 Stat. 3351.)

-MISC1-

PRIOR PROVISIONS

A prior section 2346c, Pub. L. 87-195, pt. II, Sec. 534, as added

Pub. L. 97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1530,

prohibited the use of funds for nuclear facilities in foreign

countries except under certain circumstances, prior to repeal by

Pub. L. 99-83, title II, Sec. 201(a), Aug. 8, 1985, 99 Stat. 210.

Another prior section 2346c, Pub. L. 87-195, pt. II, Sec. 534, as

added Pub. L. 95-384, Sec. 10(a), Sept. 26, 1978, 92 Stat. 735;

amended Pub. L. 96-92, Sec. 8(d), Oct. 29, 1979, 93 Stat. 704,

provided economic support for Turkey and Cyprus in amounts of

$98,000,000 and $15,000,000 for fiscal year 1980, prior to repeal

by Pub. L. 96-533, title II, Sec. 202, Dec. 16, 1980, 94 Stat.

3142.

AMENDMENTS

1990 - Subsec. (e). Pub. L. 101-623, Sec. 2(b)(6)(A), which

directed the substitution of "$10,000,000 may be made available in

fiscal year 1991" for "$7,000,000 may be made available in fiscal

year 1990", was executed by making the substitution for "$7,000,000

may be made available in fiscal year 1991" to reflect the probable

intent of Congress and the intervening substitution of "fiscal year

1991" for "fiscal year 1990" by Pub. L. 101-513. See below.

Pub. L. 101-623, Sec. 2(b)(6)(B), and Pub. L. 101-513, amended

subsec. (e) identically, substituting "September 30, 1991" for

"September 30, 1990".

Pub. L. 101-513 substituted "fiscal year 1991" for "fiscal year

1990".

1989 - Subsec. (e). Pub. L. 101-167 substituted "fiscal year

1990" for "each of fiscal years 1988 and 1989" and "September 30,

1990" for "September 30, 1989".

1987 - Subsec. (b)(3). Pub. L. 100-202, Sec. 101(e) [title V,

Sec. 579(a)], amended par. (3) generally. Prior to amendment, par.

(3) read as follows: "notwithstanding section 2420 of this title,

programs to enhance investigative capabilities, conducted under

judicial or prosecutorial control;".

Subsec. (e). Pub. L. 100-202, Sec. 101(e) [title V, Sec. 579(b)],

amended subsec. (e) generally. Prior to amendment, subsec. (e) read

as follows: "The authority of this section shall expire on

September 30, 1987."

-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

Section effective Oct. 1, 1985, see section 1301 of Pub. L.

99-83, set out as an Effective Date of 1985 Amendment 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-

ANTI-NARCOTICS UPDATE

Pub. L. 102-145, Sec. 124, as added by Pub. L. 102-266, Sec. 102,

Apr. 1, 1992, 106 Stat. 97, provided that: "The program authorized

by section 534 of the Foreign Assistance Act of 1961 [22 U.S.C.

2346c] may continue from funds appropriated by this joint

resolution for foreign operations, export financing, and related

programs, notwithstanding the last sentence of section 534(e) of

that Act: Provided, That such programs may include the protection

of participants in judicial cases, notwithstanding section 660 of

that Act [22 U.S.C. 2420]: Provided further, That, notwithstanding

sections 534(c) and 660 of that Act, (1) up to $10,000,000 to

provide support for a professional civilian police force for

Panama, except that such assistance shall not include more than

$5,000,000 for the procurement of equipment for law enforcement

purposes, and shall not include lethal equipment, and (2) up to

$16,000,000 for Bolivia, Colombia, and Peru."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2295b, 5402 of this

title.

-End-

-CITE-

22 USC Sec. 2346d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IV - Economic Support Fund

-HEAD-

Sec. 2346d. Repealed. Pub. L. 103-149, Sec. 4(a)(3)(B), Nov. 23,

1993, 107 Stat. 1505

-MISC1-

Section, Pub. L. 87-195, pt. II, Sec. 535, as added Pub. L.

99-440, title V, Sec. 511(a), Oct. 2, 1986, 100 Stat. 1111; amended

Pub. L. 99-631, Sec. 1(b)(3), Nov. 7, 1986, 100 Stat. 3519, related

to economic support for disadvantaged South Africans.

-End-

-CITE-

22 USC Secs. 2346e to 2346i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IV - Economic Support Fund

-HEAD-

Secs. 2346e to 2346i. Repealed. Pub. L. 99-83, title II, Sec.

201(a), Aug. 8, 1985, 99 Stat. 210

-MISC1-

Section 2346e, Pub. L. 87-195, pt. II, Sec. 536, as added Pub. L.

97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1531, related

to special requirements fund.

A prior section 2346e, Pub. L. 87-195, pt. II, Sec. 536, as added

Pub. L. 96-257, Sec. 2, May 31, 1980, 94 Stat. 422, provided for

Central American economic support for fiscal year 1980, in amount

of $80,000,000, prior to repeal by Pub. L. 96-533, title II, Sec.

202, Dec. 16, 1980, 94 Stat. 3142.

Section 2346f, Pub. L. 87-195, pt. II, Sec. 537, as added Pub. L.

97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1531, related

to programs for Tunisia.

Section 2346g, Pub. L. 87-195, pt. II, Sec. 538, as added Pub. L.

97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1531, related

to programs for Costa Rica.

Section 2346h, Pub. L. 87-195, pt. II, Sec. 539, as added Pub. L.

97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1531, related

to programs for Nicaragua.

Section 2346i, Pub. L. 87-195, pt. II, Sec. 540, as added Pub. L.

97-113, title VII, Sec. 708(c), Dec. 29, 1981, 95 Stat. 1546,

related to programs for Poland.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1985, see section 1301 of Pub. L. 99-83,

set out as an Effective Date of 1985 Amendment note under section

2151-1 of this title.

-End-

-CITE-

22 USC Part V - International Military Education and

Training 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part V - International Military Education and Training

-HEAD-

PART V - INTERNATIONAL MILITARY EDUCATION AND TRAINING

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2304, 2305, 2314, 2321i,

2321j, 2375, 2394-1, 2403, 2415, 2761, 7102, 7432 of this title;

title 10 sections 168, 9415.

-End-

-CITE-

22 USC Sec. 2347 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part V - International Military Education and Training

-HEAD-

Sec. 2347. General authority

-STATUTE-

The President is authorized to furnish, on such terms and

conditions consistent with this chapter as the President may

determine (but whenever feasible on a reimbursable basis), military

education and training to military and related civilian personnel

of foreign countries. Such civilian personnel shall include foreign

governmental personnel of ministries other than ministries of

defense, and may also include legislators and individuals who are

not members of the government, if the military education and

training would (i) contribute to responsible defense resource

management, (ii) foster greater respect for and understanding of

the principle of civilian control of the military, (iii) contribute

to cooperation between military and law enforcement personnel with

respect to counternarcotics law enforcement efforts, or (iv)

improve military justice systems and procedures in accordance with

internationally recognized human rights. Such training and

education may be provided through -

(1) attendance at military educational and training facilities

in the United States (other than Service academies) and abroad;

(2) attendance in special courses of instruction at schools and

institutions of learning or research in the United States and

abroad; and

(3) observation and orientation visits to military facilities

and related activities in the United States and abroad.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 541, as added Pub. L. 94-329, title

I, Sec. 106(a), June 30, 1976, 90 Stat. 732; amended Pub. L.

101-513, title III, Nov. 5, 1990, 104 Stat. 1997; Pub. L. 102-583,

Sec. 10, Nov. 2, 1992, 106 Stat. 4934; Pub. L. 104-164, title I,

Sec. 112(a), July 21, 1996, 110 Stat. 1427.)

-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 inserted "and individuals who are not

members of the government" after "legislators" in second sentence

of introductory provisions.

1992 - Pub. L. 102-583, in introductory provisions, inserted ",

and may also include legislators," after "ministries of defense"

and substituted "(iii) contribute to cooperation between military

and law enforcement personnel with respect to counternarcotics law

enforcement efforts, or (iv)" for "or (iii)".

1990 - Pub. L. 101-513 inserted after first sentence "Such

civilian personnel shall include foreign governmental personnel of

ministries other than ministries of defense if the military

education and training would (i) contribute to responsible defense

resource management, (ii) foster greater respect for and

understanding of the principle of civilian control of the military,

or (iii) improve military justice systems and procedures in

accordance with internationally recognized human rights."

-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 MADE AVAILABLE PURSUANT TO OTHER PROVISIONS OF LAW

Section 106(d) of Pub. L. 94-329 provided that: "Funds made

available pursuant to other provisions of law for foreign military

educational and training activities shall remain available for

obligation and expenditure for their original purposes in

accordance with the provisions of law originally applicable to

those purposes or in accordance with the provisions of law

currently applicable to those purposes."

-End-

-CITE-

22 USC Sec. 2347a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part V - International Military Education and Training

-HEAD-

Sec. 2347a. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the President to carry

out the purposes of this part $56,221,000 for fiscal year 1986 and

$56,221,000 for fiscal year 1987.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 542, as added Pub. L. 94-329, title

I, Sec. 106(a), June 30, 1976, 90 Stat. 732; amended Pub. L. 95-92,

Sec. 10, Aug. 4, 1977, 91 Stat. 619; Pub. L. 95-384, Sec. 11(a),

Sept. 26, 1978, 92 Stat. 736; Pub. L. 96-92, Sec. 9, Oct. 29, 1979,

93 Stat. 705; Pub. L. 96-533, title I, Sec. 115(a), Dec. 16, 1980,

94 Stat. 3140; Pub. L. 97-113, title I, Sec. 113, title VII, Sec.

734(a)(1), Dec. 29, 1981, 95 Stat. 1528, 1560; Pub. L. 99-83, title

I, Sec. 104, Aug. 8, 1985, 99 Stat. 195.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-83 amended section generally, substituting

provisions authorizing appropriations of $56,221,000 for fiscal

years 1986 and 1987, for provisions authorizing appropriations of

$42,000,000 for fiscal years 1982 and 1983.

1981 - Pub. L. 97-113, Secs. 113, 734(a)(1), substituted

appropriations authorization of $42,000,000 for fiscal years 1982

and 1983 for appropriation of $34,000,000 for fiscal year 1981 and

deleted prohibition against any training after June 30, 1976,

outside the United States without a prior Presidential report to

the Speaker of the House and the Senate Foreign Relations Committee

and justification for the training.

1980 - Pub. L. 96-533 substituted appropriations authorization of

$34,000,000 for fiscal year 1981 for authorization of $31,800,000

for fiscal year 1980, including prohibition against availability of

any amount for Inter-American regional programs unless the foreign

country participants collectively contribute an equivalent amount

to carry out the programs.

1979 - Pub. L. 96-92 substituted appropriations authorization of

$31,800,000 for fiscal year 1980, for identical authorization for

fiscal year 1979, and required collective contribution of an

equivalent amount by the foreign countries participating in

Inter-American regional programs before such amount became

available from the appropriation for such programs.

1978 - Pub. L. 95-384 substituted "$31,800,000 for the fiscal

year 1979" for "$31,000,000 for the fiscal year 1978".

1977 - Pub. L. 95-92 substituted "$31,000,000 for the fiscal year

1978" for "$27,000,000 for the fiscal year 1976 and $30,200,000 for

the fiscal year 1977".

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.

-End-

-CITE-

22 USC Sec. 2347b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part V - International Military Education and Training

-HEAD-

Sec. 2347b. Congressional declaration of purpose

-STATUTE-

Education and training activities conducted under this part shall

be designed -

(1) to encourage effective and mutually beneficial relations

and increased understanding between the United States and foreign

countries in furtherance of the goals of international peace and

security;

(2) to improve the ability of participating foreign countries

to utilize their resources, including defense articles and

defense services obtained by them from the United States, with

maximum effectiveness, thereby contributing to greater

self-reliance by such countries; and

(3) to increase the awareness of nationals of foreign countries

participating in such activities of basic issues involving

internationally recognized human rights.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 543, as added Pub. L. 94-329, title

I, Sec. 106(a), June 30, 1976, 90 Stat. 733; amended Pub. L.

95-384, Sec. 11(b), Sept. 26, 1978, 92 Stat. 736.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-384 added par. (3).

-End-

-CITE-

22 USC Sec. 2347c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part V - International Military Education and Training

-HEAD-

Sec. 2347c. Exchange training; reciprocity agreement

-STATUTE-

(a) Attendance of foreign military personnel at professional

military education institutions

In carrying out this part, the President is authorized to provide

for attendance of foreign military personnel at professional

military education institutions in the United States (other than

service academies) without charge, and without charge to funds

available to carry out this part (notwithstanding section 2392(d)

of this title), if such attendance is pursuant to an agreement

providing for the exchange of students on a one-for-one, reciprocal

basis each fiscal year between those United States professional

military education institutions and comparable institutions of

foreign countries and international organizations.

(b) Attendance of foreign military and civilian defense personnel

at flight training schools and programs

The President may provide for the attendance of foreign military

and civilian defense personnel at flight training schools and

programs (including test pilot schools) in the United States

without charge, and without charge to funds available to carry out

this part (notwithstanding section 2392(d) of this title), if such

attendance is pursuant to an agreement providing for the exchange

of students on a one-for-one basis each fiscal year between those

United States flight training schools and programs (including test

pilot schools) and comparable flight training schools and programs

of foreign countries.

(c) Post-undergraduate flying training and tactical leadership

programs at training locations in Southwest Asia

(1) The President is authorized to enter into cooperative

arrangements providing for the participation of foreign and United

States military and civilian defense personnel in

post-undergraduate flying training and tactical leadership programs

at training locations in Southwest Asia without charge to

participating foreign countries, and without charge to funds

available to carry out this part (notwithstanding section 2392(d)

of this title). Such training must satisfy common requirements with

the United States for post-undergraduate flying and tactical

leadership training.

(2) Cooperative arrangements under this subsection shall require

an equitable contribution of support and services from each

participating country. The President may waive the requirement for

an equitable contribution of a participating foreign country if he

determines that to do so is important to the national security

interests of the United States.

(3) Costs incurred by the United States shall be charged to the

current applicable appropriations accounts or funds of the

participating United States Government agencies.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 544, as added Pub. L. 99-83, title I,

Sec. 126, Aug. 8, 1985, 99 Stat. 205; amended Pub. L. 104-164,

title I, Sec. 112(b), July 21, 1996, 110 Stat. 1427; Pub. L.

107-228, div. B, title XII, Sec. 1213, Sept. 30, 2002, 116 Stat.

1429.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-228 added subsec. (c).

1996 - Pub. L. 104-164 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1301 of Pub. L.

99-83, set out as an Effective Date of 1985 Amendment 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-

AUTHORITY FOR EXCHANGE TRAINING THROUGH SPECIFIED PROFESSIONAL

MILITARY EDUCATION INSTITUTION OUTSIDE UNITED STATES

Pub. L. 101-189, div. A, title IX, Sec. 935, Nov. 29, 1989, 103

Stat. 1538, provided that:

"(a) Authority. - The United States Army Russian Institute in

Garmisch-Partenkirchen, Federal Republic of Germany, shall be

treated for purposes of section 544 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2347c) as if it were located in the United

States.

"(b) Expiration of Authority. - Subsection (a) shall cease to be

in effect upon the enactment in foreign assistance authorizing

legislation of an amendment to section 544 of the Foreign

Assistance Act of 1961 that provides the same authority as is

provided by subsection (a)."

-End-

-CITE-

22 USC Sec. 2347d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part V - International Military Education and Training

-HEAD-

Sec. 2347d. Training in maritime skills

-STATUTE-

The President is encouraged to allocate a portion of the funds

made available each fiscal year to carry out this part for use in

providing education and training in maritime search and rescue,

operation and maintenance of aids to navigation, port security,

at-sea law enforcement, international maritime law, and general

maritime skills.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 545, as added Pub. L. 99-83, title I,

Sec. 127(a), Aug. 8, 1985, 99 Stat. 205.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1301 of Pub. L.

99-83, set out as an Effective Date of 1985 Amendment 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.

-End-

-CITE-

22 USC Sec. 2347e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part V - International Military Education and Training

-HEAD-

Sec. 2347e. Prohibition on grant assistance for certain high income

foreign countries

-STATUTE-

(a) In general

None of the funds made available for a fiscal year for assistance

under this part may be made available for assistance on a grant

basis for any of the high-income foreign countries described in

subsection (b) of this section for military education and training

of military and related civilian personnel of such country.

(b) High-income foreign countries described

The high-income foreign countries described in this subsection

are Austria, Finland, the Republic of Korea, Singapore, and Spain.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 546, as added Pub. L. 104-164, title

I, Sec. 112(c)(1), July 21, 1996, 110 Stat. 1427.)

-End-

-CITE-

22 USC Sec. 2347f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part V - International Military Education and Training

-HEAD-

Sec. 2347f. Consultation requirement

-STATUTE-

The selection of foreign personnel for training under this part

shall be made in consultation with the United States defense

attache to the relevant country.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 547, as added Pub. L. 106-280, title

II, Sec. 202, Oct. 6, 2000, 114 Stat. 851.)

-End-

-CITE-

22 USC Sec. 2347g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part V - International Military Education and Training

-HEAD-

Sec. 2347g. Records regarding foreign participants

-STATUTE-

(a) Development and maintenance of database

In order to contribute most effectively to the development of

military professionalism in foreign countries, the Secretary of

Defense shall develop and maintain a database containing records on

each foreign military or defense ministry civilian participant in

education and training activities conducted under this part after

December 31, 2000. This record shall include the type of

instruction received, the dates of such instruction, whether such

instruction was completed successfully, and, to the extent

practicable, a record of the person's subsequent military or

defense ministry career and current position and location.

(b) Annual list of foreign personnel

For the purposes of preparing the report required pursuant to

section 2347h of this title, the Secretary of State may annually

request the Secretary of Defense to provide information contained

in the database, with respect to a list submitted to the Secretary

of Defense by the Secretary of State, that contains the names of

foreign personnel or military units. To the extent practicable, the

Secretary of Defense shall provide, and the Secretary of State may

take into account, the information contained in the database, if

any, relating to the Secretary of State's submission.

(c) Updating of database

If the Secretary of State determines and reports to Congress

under section 2347h of this title that a foreign person identified

in the database maintained pursuant to this section was involved in

a violation of internationally recognized human rights, the

Secretary of Defense shall ensure that the database is updated to

contain such fact and all relevant information.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 548, as added Pub. L. 106-280, title

II, Sec. 202, Oct. 6, 2000, 114 Stat. 851; amended Pub. L. 107-228,

div. B, title XII, Sec. 1212(b), Sept. 30, 2002, 116 Stat. 1429.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-228 designated existing provisions as subsec.

(a), inserted heading, and added subsecs. (b) and (c).

-End-

-CITE-

22 USC Sec. 2347h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part V - International Military Education and Training

-HEAD-

Sec. 2347h. Human rights report

-STATUTE-

(a) In general

Not later than March 1 of each year, the Secretary of State shall

submit to the Speaker of the House of Representatives and the

Committee on Foreign Relations of the Senate a report describing,

to the extent practicable, any involvement of a foreign military or

defense ministry civilian participant in education and training

activities under this part in a violation of internationally

recognized human rights reported under section 2151n(d) of this

title subsequent to such participation.

(b) Form

The report described in subsection (a) of this section shall be

in unclassified form, but may include a classified annex.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 549, as added Pub. L. 107-228, div.

B, title XII, Sec. 1212(a), Sept. 30, 2002, 116 Stat. 1428.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2347g of this title.

-End-

-CITE-

22 USC Part VI - Peacekeeping Operations 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VI - Peacekeeping Operations

-HEAD-

PART VI - PEACEKEEPING OPERATIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2304, 2371, 2375, 2799aa,

2799aa-1, 3423 of this title.

-End-

-CITE-

22 USC Sec. 2348 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VI - Peacekeeping Operations

-HEAD-

Sec. 2348. General authorization

-STATUTE-

The President is authorized to furnish assistance to friendly

countries and international organizations, on such terms and

conditions as he may determine, for peacekeeping operations and

other programs carried out in furtherance of the national security

interests of the United States. Such assistance may include

reimbursement to the Department of Defense for expenses incurred

pursuant to section 287d-1 of this title, except that such

reimbursements may not exceed $5,000,000 in any fiscal year unless

a greater amount is specifically authorized by this section.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 551, as added Pub. L. 95-384, Sec.

12(a), Sept. 26, 1978, 92 Stat. 736; amended Pub. L. 96-92, Sec.

10(b), Oct. 29, 1979, 93 Stat. 705.)

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-92 authorized reimbursement of Department of

Defense for expenses incurred in furnishing assistance to the

United States limited to $5,000,000 per fiscal year unless

specifically authorized.

-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-

UNITED STATES PROPOSAL FOR THE EARLY WARNING SYSTEM IN SINAI

Pub. L. 94-110, Oct. 13, 1975, 89 Stat. 572, provided that:

"Whereas an agreement signed on September 4, 1975, by the

Government of the Arab Republic of Egypt and the Government of

Israel may, when it enters into force, constitute a significant

step toward peace in the Middle East;

"Whereas the President of the United States on September 1, 1975,

transmitted to the Government of the Arab Republic of Egypt and

to the Government of Israel identical proposals for United States

participation in an early-warning system, the text of which has

been submitted to the Congress, providing for the assignment of

no more than two hundred United States civilian personnel to

carry out certain specified noncombat functions and setting forth

the terms and conditions thereof;

"Whereas that proposal would permit the Government of the United

States to withdraw such personnel if it concludes that their

safety is jeopardized or that continuation of their role is no

longer necessary; and

"Whereas the implementation of the United States proposals for the

early-warning system in Sinai may enhance the prospect of

compliance in good faith with the terms of the Egyptian-Israeli

agreements and thereby promote the cause of peace: Now,

therefore, be it

"Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That the President

is authorized to implement the 'United States Proposal for the

Early Warning System in Sinai': Provided, however, That United

States civilian personnel assigned to Sinai under such proposal

shall be removed immediately in the event of an outbreak of

hostilities between Egypt and Israel or if the Congress by

concurrent resolution determines that the safety of such personnel

is jeopardized or that continuation of their role is no longer

necessary. Nothing contained in this resolution shall be construed

as granting any authority to the President with respect to the

introduction of United States Armed Forces into hostilities or into

situations wherein involvement in hostilities is clearly indicated

by the circumstances which authority he would not have had in the

absence of this joint resolution.

"Sec. 2. Any concurrent resolution of the type described in the

first section of this resolution which is introduced in either

House of Congress shall be privileged in the same manner and to the

same extent as a concurrent resolution of the type described in

section 5(c) of Public Law 93-148 [section 1544(c) of Title 50, War

and National Defense] is privileged under section 7 of such law

[section 1546 of title 50, War and National Defense].

"Sec. 3. The United States civilian personnel participating in

the early warning system in Sinai shall include only individuals

who have volunteered to participate in such system.

"Sec. 4. Whenever United States civilian personnel, pursuant to

this resolution, participate in an early warning system, the

President shall, so long as the participation of such personnel

continues, submit written reports to the Congress periodically, but

no less frequently than once every six months, on (1) the status,

scope, and anticipated duration of their participation, and (2) the

feasibility of ending or reducing as soon as possible their

participation by substituting nationals of other countries or by

making technological changes. The appropriate committees of the

Congress shall promptly hold hearings on each report of the

President and report to the Congress any findings, conclusions, and

recommendations.

"Sec. 5. The authority contained in this joint resolution to

implement the 'United States Proposal for the Early Warning System

in Sinai' does not signify approval of the Congress of any other

agreement, understanding, or commitment made by the executive

branch."

-EXEC-

EXECUTIVE ORDER NO. 11896

Ex. Ord. No. 11896, Jan. 13, 1976, 41 F.R. 2067, as amended by

Ex. Ord. No. 12150, July 23, 1979, 44 F.R. 43455; Ex. Ord. No.

12227, July 22, 1980, 45 F.R. 49237; Ex. Ord. No. 12357, Apr. 6,

1982, 47 F.R. 15093, which established the United States Sinai

Support Mission, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986,

51 F.R. 7237.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7536 of this title.

-End-

-CITE-

22 USC Sec. 2348a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VI - Peacekeeping Operations

-HEAD-

Sec. 2348a. Authorization of appropriations

-STATUTE-

(a) Fiscal years 1986 and 1987

There are authorized to be appropriated to the President to carry

out the purposes of this part, in addition to amounts otherwise

available for such purposes, $37,000,000 for fiscal year 1986 and

$37,000,000 for fiscal year 1987.

(b) Availability of funds

Amounts appropriated under this section are authorized to remain

available until expended.

(c) Emergency transfer of funds

If the President determines that, as the result of an unforeseen

emergency, the provision of assistance under this part in amounts

in excess of funds otherwise available for such assistance is

important to the national interests of the United States, the

President may (1) exercise the authority of section 2360(a) of this

title to transfer funds available to carry out part IV of this

subchapter for use under this part without regard to the 20-percent

increase limitation contained in such section, except that the

total amount so transferred in any fiscal year may not exceed

$15,000,000; and (2) in the event the President also determines

that such unforeseen emergency requires the immediate provision of

assistance under this part, direct the drawdown of commodities and

services from the inventory and resources of any agency of the

United States Government of an aggregate value not to exceed

$25,000,000 in any fiscal year.

(d) Reimbursement of applicable appropriation, fund, or account

There are authorized to be appropriated to the President such

sums as may be necessary to reimburse the applicable appropriation,

fund, or account for commodities and services provided under

subsection (c)(2) of this section.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 552, as added Pub. L. 95-384, Sec.

12(a), Sept. 26, 1978, 92 Stat. 736; amended Pub. L. 96-92, Sec.

10(a), (c), Oct. 29, 1979, 93 Stat. 705; Pub. L. 96-533, title I,

Sec. 116(a), Dec. 16, 1980, 94 Stat. 3140; Pub. L. 97-113, title I,

Sec. 114, Dec. 29, 1981, 95 Stat. 1528; Pub. L. 99-83, title I,

Sec. 105(a), (b)(1), Aug. 8, 1985, 99 Stat. 195.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-83, Sec. 105(a), amended subsec.

(a) generally, substituting provisions authorizing appropriations

of $37,000,000 for fiscal years 1986 and 1987, for provisions

authorizing appropriations of $19,000,000 for fiscal years 1982 and

1983.

Subsec. (c). Pub. L. 99-83, Sec. 105(b)(1)(A), (B), designated

existing provisions as cl. (1) and added cl. (2).

Subsec. (d). Pub. L. 99-83, Sec. 105(b)(1)(C), added subsec. (d).

1981 - Subsec. (a). Pub. L. 97-113, Sec. 114(a), substituted

"$19,000,000 for the fiscal year 1982 and $19,000,000 for the

fiscal year 1983" for "$25,000,000 for the fiscal year 1981".

Subsec. (b). Pub. L. 97-113, Sec. 114(b), increased to

$15,000,000 from $10,000,000 amount of funds authorized to be

transferred in any fiscal year and deleted restriction on transfer

of earmarked funds.

1980 - Subsec. (a). Pub. L. 96-533 substituted "$25,000,000 for

the fiscal year 1981" for "$21,100,000 for the fiscal year 1980".

1979 - Subsec. (a). Pub. L. 96-92, Sec. 10(a), substituted

"$21,100,000 for the fiscal year 1980" for "$30,900,000 for the

fiscal year 1979".

Subsec. (c). Pub. L. 96-92, Sec. 10(c), added subsec. (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 287b, 287e-2, 2411 of

this title.

-End-

-CITE-

22 USC Sec. 2348b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VI - Peacekeeping Operations

-HEAD-

Sec. 2348b. Repealed. Pub. L. 96-533, title I, Sec. 116(b), Dec.

16, 1980, 94 Stat. 3140

-MISC1-

Section, Pub. L. 87-195, pt. II, Sec. 553, as added Pub. L.

95-384, Sec. 12(a), Sept. 26, 1978, 92 Stat. 736, provided for

Middle East special requirements fund and funding limitations and

requirements, including use of $3,500,000 for fiscal year 1979 for

international peacekeeping in the Middle East.

-End-

-CITE-

22 USC Sec. 2348c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VI - Peacekeeping Operations

-HEAD-

Sec. 2348c. Administrative authorities

-STATUTE-

Except where expressly provided to the contrary, any reference in

any law to subchapter I of this chapter shall be deemed to include

reference to this part and any reference in any law to subchapter

II of this chapter shall be deemed to exclude reference to this

part.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 553, formerly Sec. 554, as added Pub.

L. 95-384, Sec. 12(a), Sept. 26, 1978, 92 Stat. 737; renumbered

Sec. 553, Pub. L. 96-533, title I, Sec. 116(b), Dec. 16, 1980, 94

Stat. 3140.)

-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.) 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 section

2349aa-5 of this title.

-End-

-CITE-

22 USC Sec. 2348d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VI - Peacekeeping Operations

-HEAD-

Sec. 2348d. Data on costs incurred in support of United Nations

peacekeeping operations

-STATUTE-

(a) United States costs

The President shall annually provide to the Secretary General of

the United Nations data regarding all costs incurred by the United

States Department of Defense during the preceding year in support

of all United Nations Security Council resolutions as reported to

the Congress pursuant to section 8079 of the Department of Defense

Appropriations Act, 1998.

(b) United Nations member costs

The President shall request that the United Nations compile and

publish information concerning costs incurred by United Nations

members in support of such resolutions.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 554, as added Pub. L. 106-113, div.

B, Sec. 1000(a)(7) [div. A, title VII, Sec. 722], Nov. 29, 1999,

113 Stat. 1536, 1501A-462.)

-REFTEXT-

REFERENCES IN TEXT

Section 8079 of the Department of Defense Appropriations Act,

1998, referred to in subsec. (a), is section 8079 of Pub. L.

105-56, title VIII, Oct. 8, 1997, 111 Stat. 1236, which is not

classified to the Code.

-MISC1-

PRIOR PROVISIONS

A prior section 554 of Pub. L. 87-195 was renumbered section 553

and is classified to section 2348c 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 287e-2 of this title.

-End-

-CITE-

22 USC Part VII - Air Base Construction in Israel 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VII - Air Base Construction in Israel

-HEAD-

PART VII - AIR BASE CONSTRUCTION IN ISRAEL

-End-

-CITE-

22 USC Sec. 2349 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VII - Air Base Construction in Israel

-HEAD-

Sec. 2349. General authority

-STATUTE-

The President is authorized -

(1) to construct such air bases in Israel for the Government of

Israel as may be agreed upon between the Government of Israel and

the Government of the United States to replace the Israeli air

bases located at Etzion and Etam on the Sinai peninsula that are

to be evacuated by the Government of Israel; and

(2) for purposes of such construction, to furnish as a grant to

the Government of Israel, on such terms and conditions as the

President may determine, defense articles and defense services,

which he may acquire from any source, of a value not to exceed

the amount appropriated pursuant to section 2349a(a) of this

title.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 561, as added Pub. L. 96-35, Sec. 3,

July 20, 1979, 93 Stat. 89.)

-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. 2349a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VII - Air Base Construction in Israel

-HEAD-

Sec. 2349a. Authorization and utilization of funds

-STATUTE-

(a) Authorization of appropriation

There is authorized to be appropriated to the President to carry

out this part not to exceed $800,000,000, which may be made

available until expended.

(b) Presidential authority to incur obligations and enter into

contracts

Upon agreement by the Government of Israel to provide to the

Government of the United States funds equal to the difference

between the amount required to complete the agreed construction

work and the amount appropriated pursuant to subsection (a) of this

section, and to make those funds available, in advance of the time

when payments are due, in such amounts and at such times as may be

required by the Government of the United States to meet those

additional costs of construction, the President may incur

obligations and enter into contracts to the extent necessary to

complete the agreed construction work, except that this authority

shall be effective only to such extent or in such amounts as are

provided in advance in appropriation Acts.

(c) Crediting of funds to proper appropriation account

Funds made available by the Government of Israel pursuant to

subsection (b) of this section may be credited to the appropriation

account established to carry out the purposes of this section for

the payment of obligations incurred and for refund to the

Government of Israel if they are unnecessary for that purpose, as

determined by the President. Credits and the proceeds of guaranteed

loans made available to the Government of Israel pursuant to the

Arms Export Control Act [22 U.S.C. 2751 et seq.], as well as any

other source of financing available to it, may be used by Israel to

carry out its undertaking to provide such additional funds.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 562, as added Pub. L. 96-35, Sec. 3,

July 20, 1979, 93 Stat. 90.)

-REFTEXT-

REFERENCES IN TEXT

The Arms Export Control Act, referred to in subsec. (c), 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2349 of this title.

-End-

-CITE-

22 USC Sec. 2349b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VII - Air Base Construction in Israel

-HEAD-

Sec. 2349b. Waiver authorities

-STATUTE-

(a) Efficient and timely completion of authorized construction

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

all necessary measures consistent with law to insure the efficient

and timely completion of the construction authorized by this part,

including the exercise of authority vested in him by section

2393(a) of this title.

(b) Use of funds to pay for personal services abroad

The provisions of paragraph (3) of section 2396(a) of this title

shall be applicable to the use of funds available to carry out this

part, except that no more than sixty persons may be engaged at any

one time under that paragraph for purposes of this part.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 563, as added Pub. L. 96-35, Sec. 3,

July 20, 1979, 93 Stat. 90.)

-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 VIII - Antiterrorism Assistance 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

PART VIII - ANTITERRORISM ASSISTANCE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2304, 2318, 2371, 2375,

2403, 4802, 4858, 7102 of this title; title 46 App. section 1803.

-End-

-CITE-

22 USC Sec. 2349aa 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa. General authority

-STATUTE-

Notwithstanding any other provision of law that restricts

assistance to foreign countries (other than sections 2304 and 2371

of this title), the President is authorized to furnish, on such

terms and conditions as the President may determine, assistance to

foreign countries in order to enhance the ability of their law

enforcement personnel to deter terrorists and terrorist groups from

engaging in international terrorist acts such as bombing,

kidnapping, assassination, hostage taking, and hijacking. Such

assistance may include training services and the provision of

equipment and other commodities related to bomb detection and

disposal, management of hostage situations, physical security, and

other matters relating to the detection, deterrence, and prevention

of acts of terrorism, the resolution of terrorist incidents, and

the apprehension of those involved in such acts.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 571, as added Pub. L. 98-151, Sec.

101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended Pub. L. 104-164,

title I, Sec. 121(a), July 21, 1996, 110 Stat. 1428.)

-COD-

CODIFICATION

Section 571 of Pub. L. 87-195 is based on section 201 of title II

of H.R. 2992, Ninety-eighth Congress, as reported May 17, 1983, and

enacted into law by Pub. L. 98-151.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-164 substituted "Notwithstanding any other

provision of law that restricts assistance to foreign countries

(other than sections 2304 and 2371 of this title)" for "Subject to

the provisions of this part".

EFFECTIVE DATE

Section 203 of title II of H.R. 2992, as enacted into permanent

law by section 101(b)(2) of Pub. L. 98-151, provided that: "This

title [enacting this part and amending sections 2304 and 2403 of

this title] shall take effect on the date of enactment of this Act

[Nov. 14, 1983]."

-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. 2349aa-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa-1. Purposes

-STATUTE-

Activities conducted under this part shall be designed -

(1) to enhance the antiterrorism skills of friendly countries

by providing training and equipment to deter and counter

terrorism;

(2) to strengthen the bilateral ties of the United States with

friendly governments by offering concrete assistance in this area

of great mutual concern; and

(3) to increase respect for human rights by sharing with

foreign civil authorities modern, humane, and effective

antiterrorism techniques.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 572, as added Pub. L. 98-151, Sec.

101(b)(2), Nov. 14, 1983, 97 Stat. 972.)

-COD-

CODIFICATION

Section 572 of Pub. L. 87-195 is based on section 201 of title II

of H.R. 2992, Ninety-eighth Congress, as reported May 17, 1983, and

enacted into law by Pub. L. 98-151.

-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. 2349aa-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa-2. Limitations

-STATUTE-

(a) Services and commodities furnished by agency of United States

Government; advance payment

Whenever the President determines it to be consistent with and in

furtherance of the purposes of this part, and on such terms and

conditions consistent with this chapter as he may determine, any

agency of the United States Government is authorized to furnish

services and commodities, without charge to funds available to

carry out this part, to an eligible foreign country, subject to

payment in advance of the value thereof (within the meaning of

section 2403(m) of this title) in United States dollars by the

foreign country. Credits and the proceeds of guaranteed loans made

available to such countries pursuant to the Arms Export Control Act

[22 U.S.C. 2751 et seq.] shall not be used for such payments.

Collections under this part shall be credited to the currently

applicable appropriation, account, or fund of the agency providing

such services and commodities and shall be available for the

purposes for which such appropriation, account, or fund is

authorized to be used.

(b) Consultation in development and implementation of assistance

The Assistant Secretary of State for Democracy, Human Rights, and

Labor shall be consulted in the determinations of the foreign

countries that will be furnished assistance under this part and

determinations of the nature of assistance to be furnished to each

such country.

(c) Arms and ammunition; value of equipment and commodities

(1) Arms and ammunition may be provided under this part only if

they are directly related to antiterrorism assistance.

(2) The value (in terms of original acquisition cost) of all

equipment and commodities provided under this part in any fiscal

year shall not exceed 30 percent of the funds made available to

carry out this part for that fiscal year.

(d) Information exchange activities

This part does not apply to information exchange activities

conducted by agencies of the United States Government under other

authority for such purposes.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 573, as added Pub. L. 98-151, Sec.

101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended Pub. L. 99-83,

title V, Sec. 501(b), (c), Aug. 8, 1985, 99 Stat. 220; Pub. L.

99-399, title V, Sec. 507, Aug. 27, 1986, 100 Stat. 873; Pub. L.

101-604, title II, Sec. 213(b), Nov. 16, 1990, 104 Stat. 3086; Pub.

L. 103-236, title I, Sec. 162(e)(3), Apr. 30, 1994, 108 Stat. 405;

Pub. L. 104-132, title III, Sec. 328(a), Apr. 24, 1996, 110 Stat.

1257; Pub. L. 104-164, title I, Sec. 121(b), July 21, 1996, 110

Stat. 1428.)

-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.

-COD-

CODIFICATION

Section 573 of Pub. L. 87-195 is based on section 201 of title II

of H.R. 2992, Ninety-eighth Congress, as reported May 17, 1983, and

enacted into law by Pub. L. 98-151.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-164, Sec. 121(b)(1), substituted "Limitations"

for "Specific authorities and limitations" as section catchline.

Subsecs. (a), (b). Pub. L. 104-164, Sec. 121(b)(2), (3),

redesignated subsecs. (b) and (c) as (a) and (b), respectively, and

struck out former subsec. (a) which read as follows:

"Notwithstanding section 2420 of this title, services and

commodities may be granted for the purposes of this part to

eligible foreign countries, subject to reimbursement of the value

thereof (within the meaning of section 2403(m) of this title)

pursuant to section 2392 of this title from funds available to

carry out this part."

Subsec. (c). Pub. L. 104-164, Sec. 121(b)(4), which directed the

amendment of subsec. (c) by striking out pars. (1) and (2),

redesignating pars. (3) to (5) as (1) to (3), respectively, and

amending par. (2) generally, could not be executed because subsec.

(c) [formerly (d)] did not contain pars. (3) to (5) subsequent to

amendment by Pub. L. 104-132, Sec. 328(a)(2), see below.

Pub. L. 104-164, Sec. 121(b)(3), redesignated subsec. (d) as (c).

Former subsec. (c) redesignated (b).

Pub. L. 104-132, Sec. 328(a)(1), struck out "development and

implementation of the antiterrorism assistance program under this

part, including" after "shall be consulted in the".

Subsec. (d). Pub. L. 104-164, Sec. 121(b)(3), redesignated

subsecs. (e) as (d). Former subsec. (d) redesignated (c).

Pub. L. 104-132, Sec. 328(a)(2), amended subsec. (d) generally,

substituting pars. (1) and (2) for former pars. (1) to (5) which

related to location for training and advice, law enforcement

personnel training, availability of items on United States

Munitions List, and services, equipment, personnel, and facilities

involved in collection of intelligence.

Subsec. (e). Pub. L. 104-164, Sec. 121(b)(3), which directed

redesignation of subsec. (f) as (e), could not be executed because

of prior amendment by Pub. L. 104-132, Sec. 328(a)(3), see below.

Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 104-132, Sec. 328(a)(3), struck out subsec.

(f) which read as follows: "Funds made available to carry out this

part may not be used for personnel compensation or benefits."

1994 - Subsec. (c). Pub. L. 103-236 substituted "Democracy, Human

Rights, and Labor" for "Human Rights and Humanitarian Affairs".

1990 - Subsec. (d)(1) to (3). Pub. L. 101-604 added pars. (1) to

(3) and struck out former pars. (1) to (3) which read as follows:

"(1) Training services provided pursuant to this part shall not

be conducted outside the United States.

"(2) Personnel of the United States Government authorized to

advise eligible foreign countries on antiterrorism matters shall

carry out their responsibilities, to the maximum extent possible,

within the United States. Such personnel may provide advice outside

the United States on antiterrorism matters to eligible foreign

countries for periods not to exceed thirty consecutive calendar

days.

"(3) Employees of the Department of State shall not engage in the

training of law enforcement personnel or provision of services

under this part, except that employees of the Office of Security of

the Department of State may provide training and services to law

enforcement personnel for the physical protection of

internationally protected persons and related facilities."

1986 - Subsec. (d)(4). Pub. L. 99-399, in amending par. (4)

generally, included articles in category X and articles in par.

(b), (c), or (d) of category XIII as articles on the United States

Munitions List which could be made available, struck out

availability of articles only for fiscal years 1986 and 1987,

substituted provision that the value in any fiscal year not exceed

25 percent of the funds available to carry out this part for that

fiscal year for provision that the value not exceed $325,000 in

fiscal year 1986 or 1987, and provided that no shock batons or

similar devices be provided under this part.

1985 - Subsec. (d)(4). Pub. L. 99-83, Sec. 501(b), in amending

par. (4) generally, designated existing provisions as subpar. (A),

inserted provisions excepting subpar. (B), and added subpars. (B)

and (C).

Subsec. (f). Pub. L. 99-83, Sec. 501(c), added subsec. (f).

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 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-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

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 2349bb-3 of this title.

-End-

-CITE-

22 USC Sec. 2349aa-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa-3. Repealed. Pub. L. 104-164, title I, Sec. 121(c),

July 21, 1996, 110 Stat. 1428

-MISC1-

Section, Pub. L. 87-195, pt. II, Sec. 574, as added Pub. L.

98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972, directed

President to transmit to Congress, not less than 30 days before

providing assistance to foreign country under this part, a report

which specified terms and objectives of such assistance, and

required annual presentation to Congress of information on all

countries that received assistance under this part for each fiscal

year.

-End-

-CITE-

22 USC Sec. 2349aa-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa-4. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated to the President to

carry out this part $72,000,000 for fiscal year 2001, $73,000,000

for fiscal year 2002, and $64,200,000 for fiscal year 2003.

(b) Amounts appropriated under this section are authorized to

remain available until expended.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 574, formerly Sec. 575, as added Pub.

L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended

Pub. L. 99-83, title V, Sec. 501(a), Aug. 8, 1985, 99 Stat. 219;

Pub. L. 99-399, title IV, Sec. 401(a)(2), Aug. 27, 1986, 100 Stat.

862; renumbered Sec. 574, Pub. L. 104-164, title I, Sec. 121(d),

July 21, 1996, 110 Stat. 1428; Pub. L. 106-280, title IV, Sec. 401,

Oct. 6, 2000, 114 Stat. 854; Pub. L. 107-228, div. B, title XII,

Sec. 1251, Sept. 30, 2002, 116 Stat. 1433.)

-MISC1-

PRIOR PROVISIONS

A prior section 574 of Pub. L. 87-195 was classified to section

2349aa-3 of this title prior to repeal by Pub. L. 104-164.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228 substituted ", $73,000,000

for fiscal year 2002, and $64,200,000 for fiscal year 2003" for

"and $73,000,000 for fiscal year 2002".

2000 - Subsec. (a). Pub. L. 106-280 substituted "$72,000,000 for

fiscal year 2001 and $73,000,000 for fiscal year 2002" for

"$9,840,000 for fiscal year 1986 and $14,680,000 for fiscal year

1987".

1986 - Subsec. (a). Pub. L. 99-399 substituted "$14,680,000 for

the fiscal year 1987" for "$9,840,000 for the fiscal year 1987".

1985 - Pub. L. 99-83, in amending section generally, designated

existing provisions as subsecs. (a) and (b), and in subsec. (a) as

so designated, substituted provisions appropriating $9,840,000 for

fiscal years 1986 and 1987 for provisions appropriating $5,000,000

for fiscal year 1984.

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 section 2349aa-10 of this title.

-End-

-CITE-

22 USC Sec. 2349aa-5 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa-5. Administrative authorities

-STATUTE-

Except where expressly provided to the contrary, any reference in

any law to subchapter I of this chapter shall be deemed to include

reference to this part and any reference in any law to subchapter

II of this chapter shall be deemed to exclude reference to this

part.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 575, formerly Sec. 576, as added Pub.

L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; renumbered

Sec. 575, Pub. L. 104-164, title I, Sec. 121(d), July 21, 1996, 110

Stat. 1428.)

-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.) and VI (Sec. 2348 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 section

2348c of this title.

-COD-

CODIFICATION

Section 575, formerly 576, of Pub. L. 87-195 is based on section

201 of title II of H.R. 2992, Ninety-eighth Congress, as reported

May 17, 1983, and enacted into law by Pub. L. 98-151.

-MISC2-

PRIOR PROVISIONS

A prior section 575 of Pub. L. 87-195 was renumbered section 574

and is classified to section 2349aa-4 of this title.

-End-

-CITE-

22 USC Sec. 2349aa-6 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa-6. Repealed. Pub. L. 99-83, title V, Sec. 501(d), Aug.

8, 1985, 99 Stat. 220

-MISC1-

Section, Pub. L. 87-195, pt. II, Sec. 577, as added Pub. L.

98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972, provided for

expiration of authorities of this part on Sept. 30, 1985.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1985, see section 1301 of Pub. L. 99-83,

set out as an Effective Date of 1985 Amendment note under section

2151-1 of this title.

-End-

-CITE-

22 USC Sec. 2349aa-7 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa-7. Coordination of all United States terrorism-related

assistance to foreign countries

-STATUTE-

(a) Responsibility

The Secretary of State shall be responsible for coordinating all

assistance related to international terrorism which is provided by

the United States Government to foreign countries.

(b) Reports

Not later than February 1 each year, the Secretary of State, in

consultation with appropriate United States Government agencies,

shall report to the appropriate committees of the Congress on the

assistance related to international terrorism which was provided by

the United States Government during the preceding fiscal year. Such

reports may be provided on a classified basis to the extent

necessary, and shall specify the amount and nature of the

assistance provided.

(c) Rule of construction

Nothing contained in this section shall be construed to limit or

impair the authority or responsibility of any other Federal agency

with respect to law enforcement, domestic security operations, or

intelligence activities as defined in Executive Order 12333.

-SOURCE-

(Pub. L. 99-83, title V, Sec. 502, Aug. 8, 1985, 99 Stat. 220; Pub.

L. 99-399, title V, Sec. 503, Aug. 27, 1986, 100 Stat. 871.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order 12333, referred to in subsec. (c), is set out as

a note under section 401 of Title 50, War and National Defense.

-COD-

CODIFICATION

Section was enacted as part of the International Security and

Development Cooperation Act of 1985, and not as part of the Foreign

Assistance Act of 1961 which comprises this chapter.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-399, Sec. 503(1), substituted

"terrorism-related" for "anti-terrorism" in section catchline.

Subsec. (a). Pub. L. 99-399, Sec. 503(2), substituted "assistance

related to international terrorism which is provided by the United

States Government to foreign countries" for "anti-terrorism

assistance to foreign countries provided by the United States

Government".

Subsec. (b). Pub. L. 99-399, Sec. 503(3), substituted "assistance

related to international terrorism which was" for "anti-terrorism

assistance".

Subsec. (c). Pub. L. 99-399, Sec. 503(4), added subsec. (c).

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1301 of Pub. L.

99-83, set out as an Effective Date of 1985 Amendment note under

section 2151-1 of this title.

-End-

-CITE-

22 USC Sec. 2349aa-8 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa-8. Prohibition on imports from and exports to Libya

-STATUTE-

(a) Prohibition on imports

Notwithstanding any other provision of law, the President may

prohibit any article grown, produced, extracted, or manufactured in

Libya from being imported into the United States.

(b) Prohibition on exports

Notwithstanding any other provision of law, the President may

prohibit any goods or technology, including technical data or other

information, subject to the jurisdiction of the United States or

exported by any person subject to the jurisdiction of the United

States, from being exported to Libya.

(c) "United States" defined

For purposes of this section, the term "United States", when used

in a geographical sense, includes territories and possessions of

the United States.

-SOURCE-

(Pub. L. 99-83, title V, Sec. 504, Aug. 8, 1985, 99 Stat. 221.)

-COD-

CODIFICATION

Section was enacted as part of the International Security and

Development Cooperation Act of 1985, and not as part of the Foreign

Assistance Act of 1961 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1301 of Pub. L.

99-83, set out as an Effective Date of 1985 Amendment 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.

-End-

-CITE-

22 USC Sec. 2349aa-9 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa-9. Ban on importing goods and services from countries

supporting terrorism

-STATUTE-

(a) Authority

The President may ban the importation into the United States of

any good or service from any country which supports terrorism or

terrorist organizations or harbors terrorists or terrorist

organizations.

(b) Consultation

The President, in every possible instance, shall consult with the

Congress before exercising the authority granted by this section

and shall consult regularly with the Congress so long as that

authority is being exercised.

(c) Reports

Whenever the President exercises the authority granted by this

section, he shall immediately transmit to the Congress a report

specifying -

(1) the country with respect to which the authority is to be

exercised and the imports to be prohibited;

(2) the circumstances which necessitate the exercise of such

authority;

(3) why the President believes those circumstances justify the

exercise of such authority; and

(4) why the President believes the prohibitions are necessary

to deal with those circumstances.

At least once during each succeeding 6-month period after

transmitting a report pursuant to this subsection, the President

shall report to the Congress with respect to the actions taken,

since the last such report, pursuant to this section and with

respect to any changes which have occurred concerning any

information previously furnished pursuant to this subsection.

(d) "United States" defined

For purposes of this section, the term "United States" includes

territories and possessions of the United States.

-SOURCE-

(Pub. L. 99-83, title V, Sec. 505, Aug. 8, 1985, 99 Stat. 221.)

-COD-

CODIFICATION

Section was enacted as part of the International Security and

Development Cooperation Act of 1985, and not as part of the Foreign

Assistance Act of 1961 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1301 of Pub. L.

99-83, set out as an Effective Date of 1985 Amendment 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.

-End-

-CITE-

22 USC Sec. 2349aa-10 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part VIII - Antiterrorism Assistance

-HEAD-

Sec. 2349aa-10. Antiterrorism assistance

-STATUTE-

(a) Omitted

(b) Assistance to foreign countries to procure explosives detection

devices and other counterterrorism technology

(1) Subject to section 2349aa-4(b) of this title, up to

$3,000,000 in any fiscal year may be made available -

(A) to procure explosives detection devices and other

counterterrorism technology; and

(B) for joint counterterrorism research and development

projects on such technology conducted with NATO and major

non-NATO allies under the auspices of the Technical Support

Working Group of the Department of State.

(2) As used in this subsection, the term "major non-NATO allies"

means those countries designated as major non-NATO allies for

purposes of section 2350a(i)(3) (!1) of title 10.

(c) Assistance to foreign countries

Notwithstanding any other provision of law (except section 2371

of this title) up to $1,000,000 in assistance may be provided to a

foreign country for counterterrorism efforts in any fiscal year if

-

(1) such assistance is provided for the purpose of protecting

the property of the United States Government or the life and

property of any United States citizen, or furthering the

apprehension of any individual involved in any act of terrorism

against such property or persons; and

(2) the appropriate committees of Congress are notified not

later than 15 days prior to the provision of such assistance.

-SOURCE-

(Pub. L. 104-132, title III, Sec. 328, Apr. 24, 1996, 110 Stat.

1257.)

-REFTEXT-

REFERENCES IN TEXT

Section 2349aa-4 of this title, referred to in subsec. (b)(1),

was in the original "section 575", which was translated as meaning

section 575 of the Foreign Assistance Act of 1961. Section 575 of

the Act was renumbered section 574 by section 121(d) of Pub. L.

104-164 without corresponding amendment to this section.

Section 2350a of title 10, referred to in subsec. (b)(2), was

subsequently amended, and section 2350a(i)(3) no longer defines the

term "major non-NATO ally". However, such term is defined elsewhere

in that section.

-COD-

CODIFICATION

Section is comprised of section 328 of Pub. L. 104-132. Subsec.

(a) of section 328 of Pub. L. 104-132 amended section 2349aa-2 of

this title.

Section was enacted as part of the Antiterrorism and Effective

Death Penalty Act of 1996, and not as part of the Foreign

Assistance Act of 1961 which comprises this chapter.

-CROSS-

"ASSISTANCE" DEFINED

Section 329 of title III of Pub. L. 104-132 provided that: "For

purposes of this title [enacting this section and sections 262p-4q,

2377, 2378, and 2781 of this title, section 1189 of Title 8, Aliens

and Nationality, and sections 2332d and 2339B of Title 18, Crimes

and Criminal Procedure, amending section 2349aa-2 of this title,

section 2339A of Title 18, and section 44906 of Title 49,

Transportation, and enacting provisions set out as notes under

section 2377 of this title and sections 2332d and 2339B of Title

18] -

"(1) the term 'assistance' means assistance to or for the

benefit of a government of any country that is provided by grant,

concessional sale, guaranty, insurance, or by any other means on

terms more favorable than generally available in the applicable

market, whether in the form of a loan, lease, credit, debt

relief, or otherwise, including subsidies for exports to such

country and favorable tariff treatment of articles that are the

growth, product, or manufacture of such country; and

"(2) the term 'assistance' does not include assistance of the

type authorized under chapter 9 of part 1 of the Foreign

Assistance Act of 1961 [22 U.S.C. 2292 et seq.] (relating to

international disaster assistance)."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Part IX - Nonproliferation and Export Control

Assistance 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IX - Nonproliferation and Export Control Assistance

-HEAD-

PART IX - NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 2318 of this title.

-End-

-CITE-

22 USC Sec. 2349bb 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IX - Nonproliferation and Export Control Assistance

-HEAD-

Sec. 2349bb. Purposes

-STATUTE-

The purposes of assistance under this part are to halt the

proliferation of nuclear, chemical, and biological weapons, and

conventional weaponry, through support of activities designed -

(1) to enhance the nonproliferation and export control

capabilities of friendly countries by providing training and

equipment to detect, deter, monitor, interdict, and counter

proliferation;

(2) to strengthen the bilateral ties of the United States with

friendly governments by offering concrete assistance in this area

of vital national security interest;

(3) to accomplish the activities and objectives set forth in

sections 5853 and 5854 of this title, without regard to the

limitation of those sections to the independent states of the

former Soviet Union; and

(4) to promote multilateral activities, including cooperation

with international organizations, relating to nonproliferation.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 581, as added Pub. L. 106-280, title

III, Sec. 301, Oct. 6, 2000, 114 Stat. 851.)

-MISC1-

NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR FRIENDLY

FOREIGN COUNTRIES

Pub. L. 107-228, div. B, title XIII, Sec. 1302, Sept. 30, 2002,

116 Stat. 1435, provided that:

"(a) In General. - For the purpose of enhancing the

nonproliferation and export control capabilities of friendly

countries, of the amount authorized to be appropriated for fiscal

year 2003 by section 585 [586] of the Foreign Assistance Act of

1961 (22 U.S.C. 2349bb et seq.) [22 U.S.C. 2349bb-4], the Secretary

is authorized to make available -

"(1) $5,000,000 for the procurement and provision of nuclear,

chemical, and biological detection systems, including

spectroscopic and pulse echo technologies; and

"(2) $10,000,000 for the procurement and provision of x-ray

systems capable of imaging sea-cargo containers.

"(b) Reports on Training Program. -

"(1) Initial report. - Not later than March 31, 2003, the

Secretary shall submit a report to the appropriate congressional

committees setting forth his plans and budget for a multiyear

training program to train foreign personnel in the utilization of

the systems described in subsection (a).

"(2) Subsequent reports. - Not later than March 31, 2004, and

annually thereafter for the next three years, the Secretary shall

submit a report to the appropriate congressional committees

describing the progress, current status, and budget of that

training program and of the provision of those systems."

[For definitions of "Secretary" and "appropriate congressional

committees" as used in section 1302 of Pub. L. 107-228, set out

above, see section 3 of Pub. L. 107-228, set out as a note under

section 2651 of this title.]

-End-

-CITE-

22 USC Sec. 2349bb-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IX - Nonproliferation and Export Control Assistance

-HEAD-

Sec. 2349bb-1. Authorization of assistance

-STATUTE-

Notwithstanding any other provision of law (other than section

2304 or section 2371 of this title), the President is authorized to

furnish, on such terms and conditions as the President may

determine, assistance in order to carry out the purposes of this

part. Such assistance may include training services and the

provision of funds, equipment, and other commodities related to the

detection, deterrence, monitoring, interdiction, and prevention or

countering of proliferation, the establishment of effective

nonproliferation laws and regulations, and the apprehension of

those individuals involved in acts of proliferation of such

weapons.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 582, as added Pub. L. 106-280, title

III, Sec. 301, Oct. 6, 2000, 114 Stat. 852.)

-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. 2349bb-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IX - Nonproliferation and Export Control Assistance

-HEAD-

Sec. 2349bb-2. Transit interdiction

-STATUTE-

(a) Allocation of funds

In providing assistance under this part, the President should

ensure that not less than one-quarter of the total of such

assistance is expended for the purpose of enhancing the

capabilities of friendly countries to detect and interdict

proliferation-related shipments of cargo that originate from, and

are destined for, other countries.

(b) Priority to certain countries

Priority shall be given in the apportionment of the assistance

described under subsection (a) of this section to any friendly

country that has been determined by the Secretary of State to be a

country frequently transited by proliferation-related shipments of

cargo.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 583, as added Pub. L. 106-280, title

III, Sec. 301, Oct. 6, 2000, 114 Stat. 852.)

-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. 2349bb-2a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IX - Nonproliferation and Export Control Assistance

-HEAD-

Sec. 2349bb-2a. International nonproliferation export control

training

-STATUTE-

(a) General authority

The President is authorized to furnish, on such terms and

conditions consistent with this part (but whenever feasible on a

reimbursable basis), education and training to appropriate military

and civilian personnel of foreign countries for the purpose of

enhancing the nonproliferation and export control capabilities of

such personnel through their attendance in special courses of

instruction conducted by the United States.

(b) Administration of courses

The Secretary of State shall have overall responsibility for the

development and conduct of international nonproliferation education

and training programs under this section, and may utilize other

departments and agencies of the United States, as appropriate, to

recommend personnel for the education and training and to

administer specific courses of instruction.

(c) Purposes

Education and training activities conducted under this section

shall be -

(1) of a technical nature, emphasizing techniques for

detecting, deterring, monitoring, interdicting, and countering

proliferation;

(2) designed to encourage effective and mutually beneficial

relations and increased understanding between the United States

and friendly countries; and

(3) designed to improve the ability of friendly countries to

utilize their resources with maximum effectiveness, thereby

contributing to greater self-reliance by such countries.

(d) Priority to certain countries

In selecting personnel for education and training pursuant to

this section, priority should be given to personnel from countries

determined by the Secretary of State to be countries frequently

transited by proliferation-related shipments of cargo.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 584, as added Pub. L. 107-228, div.

B, title XIII, Sec. 1303(2), Sept. 30, 2002, 116 Stat. 1436.)

-MISC1-

PRIOR PROVISIONS

A prior section 584 of Pub. L. 87-195 was renumbered section 585

and is classified to section 2349bb-3 of this title.

-End-

-CITE-

22 USC Sec. 2349bb-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IX - Nonproliferation and Export Control Assistance

-HEAD-

Sec. 2349bb-3. Limitations

-STATUTE-

The limitations contained in section 2349aa-2(a) and (d) of this

title shall apply to this part.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 585, formerly Sec. 584,as added Pub.

L. 106-280, title III, Sec. 301, Oct. 6, 2000, 114 Stat. 852;

renumbered Sec. 585, Pub. L. 107-228, div. B, title XIII, Sec.

1303(1), Sept. 30, 2002, 116 Stat. 1436.)

-MISC1-

PRIOR PROVISIONS

A prior section 585 of Pub. L. 87-195 was renumbered section 586

and is classified to section 2349bb-4 of this title.

-End-

-CITE-

22 USC Sec. 2349bb-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part IX - Nonproliferation and Export Control Assistance

-HEAD-

Sec. 2349bb-4. Authorization of appropriations

-STATUTE-

(a) Authorization of appropriations

There are authorized to be appropriated to the President to carry

out this part $162,000,000 for fiscal year 2003.

(b) Availability of funds

Funds made available under subsection (a) of this section may be

used notwithstanding any other provision of law (other than section

2304 or 2371 of this title) and shall remain available until

expended.

(c) Treatment of appropriations

Amounts made available by the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 2002, under

"Nonproliferation, Antiterrorism, Demining, and Related Programs"

and "Assistance for the Independent States of the Former Soviet

Union" accounts for the activities described in subsection (d) of

this section shall be considered to be made available pursuant to

this part.

(d) Covered activities

The activities referred to in subsection (c) of this section are

-

(1) assistance under the Nonproliferation and Disarmament Fund;

(2) assistance for science and technology centers in the

independent states of the former Soviet Union;

(3) export control assistance; and

(4) export control and border assistance under part XI of

subchapter I of this chapter or the FREEDOM Support Act (22

U.S.C. 5801 et seq.).

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 586, formerly Sec. 585, as added Pub.

L. 106-280, title III, Sec. 301, Oct. 6, 2000, 114 Stat. 852;

renumbered Sec. 586 and amended Pub. L. 107-228, div. B, title

XIII, Secs. 1301(a), 1303(1), Sept. 30, 2002, 116 Stat. 1435,

1436.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 2002, referred to in subsec. (c), is Pub. L.

107-115, Jan. 10, 2002, 115 Stat. 2118, also known as the Kenneth

M. Ludden Foreign Operations, Export Financing, and Related

Programs Appropriations Act, Fiscal Year 2002. For complete

classification of this Act to the Code, see Tables.

The FREEDOM Support Act, referred to in subsec. (d)(4), is Pub.

L. 102-511, Oct. 24, 1992, 106 Stat. 3320, as amended, also known

as the Freedom for Russia and Emerging Eurasian Democracies and

Open Markets Support Act of 1992. For complete classification of

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

5801 of this title and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228, Sec. 1301(a)(1), substituted

"$162,000,000 for fiscal year 2003" for "$129,000,000 for fiscal

year 2001 and $142,000,000 for fiscal year 2002".

Subsec. (c). Pub. L. 107-228, Sec. 1301(a)(2), struck out "fiscal

year 2001" before "appropriations" in heading and substituted

"2002" for "2001" in text.

-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 III - GENERAL AND ADMINISTRATIVE

PROVISIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

-End-

-CITE-

22 USC Part I - General Provisions 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-

PART I - GENERAL PROVISIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

22 USC Sec. 2351 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. 2351. Encouragement of free enterprise and private

participation

-STATUTE-

(a) Policy of United States

The Congress of the United States recognizes the vital role of

free enterprise in achieving rising levels of production and

standards of living essential to economic progress and development.

Accordingly, it is declared to be the policy of the United States

to encourage the efforts of other countries to increase the flow of

international trade, to foster private initiative and competition,

to encourage the development and use of cooperatives, credit

unions, and savings and loan associations, to discourage

monopolistic practices, to improve the technical efficiency of

their industry, agriculture, and commerce, and to strengthen free

labor unions; and to encourage the contribution of United States

enterprise toward economic strength of less developed friendly

countries, through private trade and investment abroad, private

participation in programs carried out under this chapter (including

the use of private trade channels to the maximum extent practicable

in carrying out such programs), and exchange of ideas and technical

information on the matters covered by this subsection.

(b) Action by President to facilitate participation to maximum

extent

In order to encourage and facilitate participation by private

enterprise to the maximum extent practicable in achieving any of

the purposes of this chapter, the President shall -

(1) make arrangements to find, and draw the attention of

private enterprise to, opportunities for investment and

development in less-developed friendly countries and areas;

(2) establish an effective system for obtaining adequate

information with respect to the activities of, and opportunities

for, nongovernmental participation in the development process,

and for utilizing such information in the planning, direction,

and execution of programs carried out under this chapter, and in

the coordination of such programs with the ever-increasing

developmental activities of nongovernmental United States

institutions;

(3) accelerate a program of negotiating treaties for commerce

and trade, including tax treaties, which shall include provisions

to encourage and facilitate the flow of private investment to,

and its equitable treatment in, friendly countries and areas

participating in programs under this chapter;

(4) seek, consistent with the national interest, compliance by

other countries or areas with all treaties for commerce and trade

and taxes, and take all reasonable measures under this chapter or

other authority to secure compliance therewith and to assist

United States citizens in obtaining just compensation for losses

sustained by them or payments exacted from them as a result of

measures taken or imposed by any country or area thereof in

violation of any such treaty;

(5) to the maximum extent practicable carry out programs of

assistance through private channels and to the extent practicable

in conjunction with local private or governmental participation,

including loans under the authority of section 2151t of this

title to any individual, corporation, or other body of persons;

(6) take appropriate steps to discourage nationalization,

expropriation, confiscation, seizure of ownership or control, of

private investment and discriminatory or other actions having the

effect thereof, undertaken by countries receiving assistance

under this chapter, which divert available resources essential to

create new wealth, employment, and productivity in those

countries and otherwise impair the climate for new private

investment essential to the stable economic growth and

development of those countries;

(7) utilize wherever practicable the services of United States

private enterprise (including, but not limited to, the services

of experts and consultants in technical fields such as

engineering); and

(8) utilize wherever practicable the services of United States

private enterprise on a cost-plus incentive fee contract basis to

provide the necessary skills to develop and operate a specific

project or program of assistance in a less developed friendly

country or area in any case in which direct private investment is

not readily encouraged, and provide where appropriate for the

transfer of equity ownership in such project or program to

private investors at the earliest feasible time.

(c) International Private Investment Advisory Council on Foreign

Aid; establishment; composition; selection of members by

Administrator; duration of service; Chairman; duties of Council;

compensation; travel and other expenses; funds for payment of

expenses of Council

(1) There is hereby established an International Private

Investment Advisory Council on Foreign Aid to be composed of such

number of leading American business specialists as may be selected,

from time to time, by the Administrator of the Agency for

International Development for the purpose of carrying out the

provisions of this subsection. The members of the Council shall

serve at the pleasure of the Administrator, who shall designate one

member to serve as Chairman.

(2) It shall be the duty of the Council, at the request of the

Administrator, to make recommendations to the Administrator with

respect to particular aspects of programs and activities under this

chapter where private enterprise can play a contributing role and

to act as liaison for the Administrator to involve specific private

enterprises in such programs and activities.

(3) The members of the Advisory Council shall receive no

compensation for their services but shall be entitled to

reimbursement in accordance with section 5703 of title 5 for travel

and other expenses incurred by them in the performance of their

functions under this subsection.

(4) The expenses of the Advisory Council shall be paid by the

Administrator from funds otherwise available under this chapter.

(d) Engineering and professional services of United States firms

It is the sense of Congress that the Agency for International

Development should continue to encourage, to the maximum extent

consistent with the national interest, the utilization of

engineering and professional services of United States firms

(including, but not limited to, any corporation, company,

partnership, or other association) or by an affiliate of such

United States firms in connection with capital projects financed by

funds authorized under this chapter.

(e) Contracts on basis of competitive selection procedures

(1) The Congress finds that significantly greater effort must be

made in carrying out programs under subchapter I of this chapter to

award contracts on the basis of competitive selection procedures.

All such contracts should be let on the basis of competitive

selection procedures except in those limited cases in which the

procurement regulations governing the agency primarily responsible

for administering subchapter I of this chapter allow noncompetitive

procedures to be used.

(2) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 601, Sept. 4, 1961, 75 Stat. 438;

Pub. L. 88-205, pt. III, Sec. 301(a), (b), Dec. 16, 1963, 77 Stat.

385; Pub. L. 88-633, pt. III, Sec. 301(a), (b), Oct. 7, 1964, 78

Stat. 1012; Pub. L. 89-583, pt. III, Sec. 301(a), Sept. 19, 1966,

80 Stat. 803; Pub. L. 90-137, pt. III, Sec. 301(a), Nov. 14, 1967,

81 Stat. 458; Pub. L. 95-424, title I, Sec. 102(g)(2)(B), title V,

Sec. 501, Oct. 6, 1978, 92 Stat. 942, 956; Pub. L. 97-113, title

VII, Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b) 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.

-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. (e)(2). Pub. L. 97-113 struck out par. (2) which

required reports to Congress on Agency for International

Development contracts over $100,000 entered into without

competitive selection. See section 2394(a)(2)(F) of this title.

1978 - Subsec. (b)(5). Pub. L. 95-424 substituted "section 2151t"

for "section 2161".

Subsec. (e). Pub. L. 95-424 added subsec. (e).

1967 - Subsec. (c)(3). Pub. L. 90-137 substituted reference to

section 5703 for former section 73b-2 of title 5.

1966 - Subsec. (b)(2) to (8). Pub. L. 89-583, Sec. 301(a)(1)-(3),

added par. (2), redesignated former pars. (2) to (6) as (3) to (7),

respectively, and added par. (8).

Subsec. (c). Pub. L. 89-583, Sec. 301(a)(4), substituted

provisions relating to International Private Investment Advisory

Council on Foreign Aid for former provisions relating to Advisory

Committee on Private Enterprise in Foreign Aid.

1964 - Subsec. (c)(4). Pub. L. 88-633, Sec. 301(a), substituted

"June 30, 1965" for "December 31, 1964".

Subsec. (d). Pub. L. 88-633, Sec. 301(b), added subsec. (d).

1963 - Subsec. (b). Pub. L. 88-205, Sec. 301(a), substituted "to

the maximum extent practicable" for "wherever appropriate" in par.

(4), and added pars. (5) and (6).

Subsec. (c). Pub. L. 88-205, Sec. 301(b), added subsec. (c).

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 COUNCIL

Advisory council 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 council established by the President

or an officer of the Federal Government, such council is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a council established by the Congress, its

duration is otherwise provided by law. See sections 3(2) and 14 of

Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-

22 USC Sec. 2352 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. 2352. Small business

-STATUTE-

(a) Assistance for participation in furnishing of commodities,

defense articles, and services

Insofar as practicable and to the maximum extent consistent with

the accomplishment of the purposes of this chapter, the President

shall assist American small business to participate equitably in

the furnishing of commodities, defense articles, and services

(including defense services) financed with funds made available

under this chapter -

(1) by causing to be made available to suppliers in the United

States, and particularly to small independent enterprises,

information, as far in advance as possible, with respect to

purchases proposed to be financed with such funds;

(2) by causing to be made available to prospective purchasers

in the countries and areas receiving assistance under this

chapter information as to such commodities, articles, and

services produced by small independent enterprises in the United

States; and

(3) by providing for additional services to give small business

better opportunities to participate in the furnishing of such

commodities, articles, and services financed with such funds.

(b) Office of Small Business

There shall be an Office of Small Business, headed by a Special

Assistant for Small Business, in such agency of the United States

Government as the President may direct, to assist in carrying out

the provisions of subsection (a) of this section.

(c) Information with respect to certain purchases by Department of

Defense

The Secretary of Defense shall assure that there is made

available to suppliers in the United States, and particularly to

small independent enterprises, information with respect to

purchases made by the Department of Defense pursuant to subchapter

II of this chapter, such information to be furnished as far in

advance as possible.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 602, Sept. 4, 1961, 75 Stat. 439.)

-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-

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.

-MISC2-

REPORTS ON PARTICIPATION BY SMALL BUSINESSES IN PROCUREMENT

CONTRACTS OF USAID

Pub. L. 107-228, div. A, title VI, Sec. 687, Sept. 30, 2002, 116

Stat. 1411, provided that:

"(a) Initial Report. - Not later than 120 days after the date of

the enactment of this Act [Sept. 30, 2002], the Administrator shall

submit to the designated congressional committees a report that

contains the following:

"(1) For each of the fiscal years 2000, 2001, and 2002:

"(A) The total number of the contracts that were awarded by

the Agency to -

"(i) all small businesses;

"(ii) small business concerns owned and controlled by

socially and economically disadvantaged individuals;

"(iii) small business concerns owned and controlled by

women;

"(iv) small businesses participating in the program under

section 8(a) of such Act [probably means section 8(a) of the

Small Business Act] (15 U.S.C. 637(a)); and

"(v) qualified HUBZone small business concerns.

"(B) The percentage of all contracts awarded by the Agency

that were awarded to the small businesses in each category of

small businesses specified in clauses (i) through (v) of

subparagraph (A), as computed on the basis of dollar amounts.

"(C) Of all contracts awarded by the Agency for performance

in the United States, the percentage of the contracts that were

awarded to the small businesses in each category of small

businesses specified in clauses (i) through (v) of subparagraph

(A), as computed on the basis of dollar amounts.

"(D) To the extent available -

"(i) the total number of grant and cooperative agreements

that were made by the Agency to the small businesses in each

category of small businesses specified in clauses (i) through

(v) of subparagraph (A);

"(ii) the percentage of all grant and cooperative

agreements awarded by the Agency that were awarded to small

businesses in each category of small businesses specified in

clauses (i) through (v) of subparagraph (A), as computed on

the basis of dollar amounts; and

"(iii) of all grant and cooperative agreements made by the

Agency to entities in the United States, the percentage of

the grant and cooperative agreements that were awarded to

small businesses in each category of small businesses

specified in clauses (i) through (v) of subparagraph (A), as

computed on the basis of dollar amounts.

"(E) To the extent available -

"(i) the total dollar amount of all subcontracts entered

into with the small businesses in each category specified in

clauses (i) through (v) of subparagraph (A) by the prime

contractors for contracts entered into by the Agency; and

"(ii) the percentage of all contracts entered into by the

Agency that were performed under subcontracts described in

clause (i), as computed on the basis of dollar amounts.

"(2) An analysis of any specific industries or sectors that are

underrepresented by small businesses in the awarding of contracts

by the Agency and, to the extent such information is available,

such analysis pertaining to the making of grants and cooperative

agreements by the Agency.

"(3) A specific plan of outreach, including measurable

achievement milestones, to increase the total number of contracts

that are awarded by the Agency, and the percentage of all

contracts awarded by the Agency (computed on the basis of dollar

amount) that are awarded, to -

"(A) all small businesses;

"(B) small business concerns owned and controlled by socially

and economically disadvantaged individuals;

"(C) small business concerns owned and controlled by women;

"(D) small businesses participating in the program under

section 8(a) of such Act (15 U.S.C. 637(a)); and

"(E) qualified HUBZone small business concerns,

in order to meet the statutory and voluntary targets established

by the Agency and the Small Business Administration, with a

particular focus on the industries or sectors identified in

paragraph (2).

"(4) Any other information the Administrator determines

appropriate.

"(b) Plan To Increase Small Business Contracting. - The plan

required for the report under subsection (a)(3) shall include the

following matters:

"(1) Proposals and milestones that apply to all contracts

entered into by or on behalf of the Agency in Washington, D.C.,

and proposals and milestones that apply to all contracts entered

into by or on behalf of the Agency by offices outside Washington,

D.C.

"(2) Proposals and milestones of the Agency to increase the

amount of subcontracting to businesses described in such

subsection (a)(3) by the prime contractors of the Agency.

"(3) With the milestones described in paragraph (2), a

description of how the Administrator plans to use the failure of

a prime contractor to meet goals as a ranking factor for

evaluating any other submission from the contractor for future

contracts by the Agency.

"(c) Annual Reports. - Not later than January 31, 2004, January

31, 2005, and January 31, 2006, the Administrator shall submit to

the designated congressional committees a report for the preceding

fiscal year that contains a description of the percentage of total

contract and grant and cooperative agreement dollar amounts that

were entered into by the Agency, and the total number of contracts

and grants and cooperative agreements that were awarded by the

Agency, to small businesses in each category specified in clauses

(i) through (v) of subsection (a)(1)(A) during such fiscal year.

The report for a fiscal year shall include, separately stated for

contracts and grant and cooperative agreements entered into by the

Agency, the percentage of the contracts and grant and cooperative

agreements, respectively, that were awarded to small businesses in

each such category, as computed on the basis of dollar amounts. The

report shall also include a description of achievements toward

measurable milestones for direct contracts of the Agency entered

into by offices outside of Washington, D.C., and for subcontracting

by prime contractors of the Agency.

"(d) Definitions. - In this section:

"(1) Administrator. - The term 'Administrator' means the

Administrator of the United States Agency for International

Development.

"(2) Agency. - The term 'Agency' means the United States Agency

for International Development.

"(3) Designated congressional committees. - The term

'designated congressional committees' means -

"(A) the Committee on International Relations and the

Committee on Small Business of the House of Representatives;

and

"(B) the Committee on Foreign Relations and the Committee on

Small Business of the Senate."

OFFICE IN AGENCY FOR INTERNATIONAL DEVELOPMENT

For location of the Office of Small Business, provided for in

subsec. (b), in the United States Agency for International

Development, see section 1-200(d) 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.

PROCUREMENTS FROM SMALL BUSINESSES

Pub. L. 94-329, title VI, Sec. 602, June 30, 1976, 90 Stat. 766,

provided that: "In order to encourage procurements from small

business concerns under chapter 4 of the Foreign Assistance Act of

1961 [part IV of subchapter II of this chapter], the Administrator

of the Agency for International Development shall report to the

Congress every six months on the extent to which small businesses

have participated in procurements under such chapter [part] and on

what efforts the Agency has made to foster such procurements from

small business concerns. The Small Business Administration shall

lend all available assistance to the Agency for the purposes of

carrying out this section."

[For termination, effective May 15, 2000, of reporting provisions

in section 602 of Pub. L. 94-329, set out above, see section 3003

of Pub. L. 104-66, as amended, set out as a note under section 1113

of Title 31, Money and Finance, and page 130 of House Document No.

103-7.]

-End-

-CITE-

22 USC Sec. 2353 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. 2353. Shipping on United States vessels

-STATUTE-

The ocean transportation between foreign countries of commodities

and defense articles purchased with foreign currencies made

available or derived from funds made available under this chapter

or the Agricultural Trade Development and Assistance Act of 1954,

as amended [7 U.S.C. 1691 et seq.], and transfers of fresh fruit

and products thereof under this chapter, shall not be governed by

the provisions of section 1241(b) of title 46, Appendix, or any

other law relating to the ocean transportation of commodities on

United States flag vessels.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 603, Sept. 4, 1961, 75 Stat. 439.)

-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 Agricultural Trade Development and Assistance Act of 1954, as

amended, referred to in text, 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.

-End-

-CITE-

22 USC Sec. 2354 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. 2354. Procurement

-STATUTE-

(a) Limitations on procurement outside United States

(1) Funds made available for assistance under this chapter may be

used by the President for procurement -

(A) only in the United States, the recipient country, or

developing countries; or

(B) in any other country but only if -

(i) the provision of such assistance requires commodities or

services of a type that are not produced in and available for

purchase in any country specified in subparagraph (A); or

(ii) the President determines, on a case-by-case basis, that

procurement in such other country is necessary -

(I) to meet unforeseen circumstances, such as emergency

situations, where it is important to permit procurement in a

country not specified in subparagraph (A); or

(II) to promote efficiency in the use of United States

foreign assistance resources, including to avoid impairment

of foreign assistance objectives.

(2) For purposes of this subsection, the term "developing

countries" shall not include advanced developing countries.

(b) Purchases in bulk

No funds made available under this chapter shall be used for the

purchase in bulk of any commodities at prices higher than the

market price prevailing in the United States at the time of

purchase, adjusted for differences in the cost of transportation to

destination, quality, and terms of payment.

(c) Agricultural commodities or products thereof available for

disposition under Agricultural Trade Development and Assistance

Act of 1954

In providing for the procurement of any agricultural commodity or

product thereof available for disposition under the Agricultural

Trade Development and Assistance Act of 1954, as amended [7 U.S.C.

1691 et seq.], for transfer by grant under this chapter to any

recipient country in accordance with its requirements, the

President shall, insofar as practicable and when in furtherance of

the purposes of this chapter, authorize the procurement of such

agricultural commodity only within the United States except to the

extent that such agricultural commodity is not available in the

United States in sufficient quantities to supply emergency

requirements of recipients under this chapter.

(d) Marine insurance

In providing assistance in the procurement of commodities in the

United States, United States dollars shall be made available for

marine insurance on such commodities where such insurance is placed

on a competitive basis in accordance with normal trade practice

prevailing prior to the outbreak of World War II: Provided, That in

the event a participating country, by statute, decree, rule, or

regulation, discriminates against any marine insurance company

authorized to do business in any State of the United States, then

commodities purchased with funds provided hereunder and destined

for such country shall be insured in the United States against

marine risk with a company or companies authorized to do a marine

insurance business in any State of the United States.

(e) Parity for domestic commodities prior to use of funds outside

United States

No funds made available under this chapter shall be used for the

procurement of any agricultural commodity or product thereof

outside the United States when the domestic price of such commodity

is less than parity, unless the commodity to be financed could not

reasonably be procured in the United States in fulfillment of the

objectives of a particular assistance program under which such

commodity procurement is to be financed.

(f) Commodity eligibility

No funds authorized to be made available to carry out subchapter

I of this chapter shall be used under any commodity import program

to make any payment to a supplier unless the supplier has certified

to the agency primarily responsible for administering such

subchapter I, such information as such agency shall by regulation

prescribe, including but not limited to, a description of the

commodity supplied by him and its condition, and, on the basis of

such information such agency shall have approved such commodity as

eligible and suitable for financing under this chapter.

(g) Construction or engineering services; applicability to advanced

developing country

(1) None of the funds authorized to be appropriated or made

available for obligation or expenditure under this chapter may be

made available for the procurement of construction or engineering

services from advanced developing countries, eligible under the

Geographic Code 941, which have attained a competitive capability

in international markets for construction services or engineering

services.

(2) Paragraph (1) does not apply with respect to an advanced

developing country which -

(A) is receiving direct economic assistance under part I of

subchapter I of this chapter or part IV of subchapter II of this

chapter, and

(B) if the country has its own foreign assistance programs

which finance the procurement of construction or engineering

services, permits United States firms to compete for those

services.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 604, Sept. 4, 1961, 75 Stat. 439;

Pub. L. 89-583, pt. III, Sec. 301(b), Sept. 19, 1966, 80 Stat. 804;

Pub. L. 90-554, pt. III, Sec. 301(a), Oct. 8, 1968, 82 Stat. 963;

Pub. L. 96-533, title VII, Sec. 705, Dec. 16, 1980, 94 Stat. 3157;

Pub. L. 99-83, title XII, Sec. 1207, Aug. 8, 1985, 99 Stat. 278;

Pub. L. 102-391, title V, Sec. 597, Oct. 6, 1992, 106 Stat. 1694.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) to (c) and (e) to

(g)(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.

The Agricultural Trade Development and Assistance Act of 1954, as

amended, referred to in subsec. (c), 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.

-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.

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

1992 - Subsec. (a). Pub. L. 102-391 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "Funds

made available under this chapter may be used for procurement

outside the United States only if the President determines that

such procurement will not result in adverse effects upon the

economy of the United States or the industrial mobilization base,

with special reference to any areas of labor surplus or to the net

position of the United States in its balance of payments with the

rest of the world, which outweigh the economic or other advantages

to the United States of less costly procurement outside the United

States, and only if the price of any commodity procured in bulk is

lower than the market price prevailing in the United States at the

time of procurement, adjusted for differences in the cost of

transportation to destination, quality, and terms of payment."

1985 - Subsec. (g). Pub. L. 99-83 designated existing provisions

as par. (1) and added par. (2).

1980 - Subsec. (e). Pub. L. 96-533, Sec. 705(a), authorized use

of funds for procurement of a commodity outside the United States

when the commodity to be financed could not reasonably be procured

in the United States in fulfillment of objectives of a particular

assistance program under which such commodity procurement is to be

financed.

Subsec. (g). Pub. L. 96-533, Sec. 705(b), added subsec. (g).

1968 - Subsec. (f). Pub. L. 90-554 added subsec. (f).

1966 - Subsec. (c). Pub. L. 89-583, Sec. 301(b)(1), struck out

"surplus" before "agricultural commodity" in three places and

inserted "or products thereof available for disposition under the

Agricultural Trade Development and Assistance Act of 1954, as

amended," after "commodity" where first appearing.

Subsec. (e). Pub. L. 89-583, Sec. 301(b)(2), added subsec. (e).

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 2151f, 2152b, 2293 of

this title.

-End-

-CITE-

22 USC Sec. 2355 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. 2355. Retention and use of certain items and funds

-STATUTE-

(a) Commodities and defense articles; disposal to prevent spoilage

or wastage or to conserve usefulness; funds realized from

disposal or transfer

Any commodities and defense articles procured to carry out this

chapter shall be retained by, or upon reimbursement, transferred

to, and for the use of, such agency of the United States Government

as the President may determine in lieu of being disposed of to a

foreign country or international organization, whenever in the

judgment of the President the best interests of the United States

will be served thereby, or whenever such retention is called for by

concurrent resolution. Any commodities or defense articles so

retained may be disposed of without regard to provisions of law

relating to the disposal of property owned by the United States

Government, when necessary to prevent spoilage or wastage of such

commodities or defense articles or to conserve the usefulness

thereof. Funds realized from any disposal or transfer shall revert

to the respective appropriation, fund, or account used to procure

such commodities or defense articles or to the appropriation, fund,

or account currently available for the same general purpose.

(b) Commodities transferred as repayment of assistance

Whenever commodities are transferred to the United States

Government as repayment of assistance under this chapter, such

commodities may be used in furtherance of the purposes and within

the limitations of this chapter.

(c) Funds realized as result of illegal transactions

Funds realized as a result of any failure of a transaction

financed under authority of subchapter I of this chapter to conform

to the requirements of this chapter, or to applicable rules and

regulations of the United States Government, or to the terms of any

agreement or contract entered into under authority of subchapter I

of this chapter, shall revert to the respective appropriation,

fund, or account used to finance such transaction or to the

appropriation, fund, or account currently available for the same

general purpose.

(d) Funds realized from sale, transfer, or disposal of returned

defense articles

Funds realized by the United States Government from the sale,

transfer, or disposal of defense articles returned to the United

States Government by a recipient country or international

organization as no longer needed for the purpose for which

furnished shall be credited to the respective appropriation, fund,

or account used to procure such defense articles or to the

appropriation, fund, or account currently available for the same

general purpose.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 605, Sept. 4, 1961, 75 Stat. 440;

Pub. L. 89-171, pt. III, Sec. 301(a), Sept. 6, 1965, 79 Stat. 658.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) to (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-

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

1965 - Subsecs. (c), (d). Pub. L. 89-171 added subsecs. (c) and

(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.

-End-

-CITE-

22 USC Sec. 2356 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. 2356. Patents and technical information

-STATUTE-

(a) Practice of invention or disclosure of information; suits

against United States for reasonable compensation; jurisdiction;

limitation of action; defenses

Whenever, in connection with the furnishing of assistance under

this chapter -

(1) an invention or discovery covered by a patent issued by the

United States Government is practiced within the United States

without the authorization of the owner, or

(2) information, which is (A) protected by law, and (B) held by

the United States Government subject to restrictions imposed by

the owner, is disclosed by the United States Government or any of

its officers, employees, or agents in violation of such

restrictions,

the exclusive remedy of the owner, except as provided in subsection

(b) of this section, is to sue the United States Government for

reasonable and entire compensation for such practice or disclosure

in the district court of the United States for the district in

which such owner is a resident, or in the United States Court of

Federal Claims, within six years after the cause of action arises.

Any period during which the United States Government is in

possession of a written claim under subsection (b) of this section

before mailing a notice of denial of that claim does not count in

computing the six years. In any such suit, the United States

Government may plead any defense that may be pleaded by a private

person in such an action. The last paragraph of section 1498(a) of

title 28 shall apply to inventions and information covered by this

section.

(b) Settlement of claims

Before suit against the United States Government has been

instituted, the head of the agency of the United States Government

concerned may settle and pay any claim arising under the

circumstances described in subsection (a) of this section. No claim

may be paid under this subsection unless the amount tendered is

accepted by the claimant in full satisfaction.

(c) Drug products manufactured outside the United States

Funds appropriated pursuant to this chapter shall not be expended

by the United States Government for the acquisition of any drug

product or pharmaceutical product manufactured outside the United

States if the manufacture of such drug product or pharmaceutical

product in the United States would involve the use of, or be

covered by, an unexpired patent of the United States which has not

previously been held invalid by an unappealed or unappealable

judgment or decree of a court of competent jurisdiction, unless

such manufacture is expressly authorized by the owner of such

patent.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 606, Sept. 4, 1961, 75 Stat. 440;

Pub. L. 97-164, title I, Sec. 160(a)(6), Apr. 2, 1982, 96 Stat. 48;

Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.

4516.)

-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

1992 - Subsec. (a). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (a). Pub. L. 97-164 substituted "United States

Claims Court" for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

-End-

-CITE-

22 USC Sec. 2357 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. 2357. Furnishing of services and commodities

-STATUTE-

(a) Advance-of-funds or reimbursement basis

Whenever the President determines it to be consistent with and in

furtherance of the purposes of subchapter I of this chapter and

within the limitations of this chapter, any agency of the United

States Government is authorized to furnish services and commodities

on an advance-of-funds or reimbursement basis to friendly

countries, international organizations, the American Red Cross, and

voluntary nonprofit relief agencies registered with and approved by

the Agency for International Development (including foreign

voluntary nonprofit relief agencies so registered and approved when

no United States voluntary nonprofit relief agency is available).

Such advances or reimbursements may be credited to the currently

applicable appropriation, account, or fund of the agency concerned

and shall be available for the purposes for which such

appropriation, account, or fund is authorized to be used, under the

following circumstances:

(1) Advances or reimbursements which are received under this

section within one hundred and eighty days after the close of the

fiscal year in which such services and commodities are delivered.

(2) Advances or reimbursements received pursuant to agreements

executed under this section in which reimbursement will not be

completed within one hundred and eighty days after the close of

the fiscal year in which such services and commodities are

delivered: Provided, That such agreements require the payment of

interest at the current rate established pursuant to section

635(b)(1)(B) of title 12, and repayment of such principal and

interest does not exceed a period of three years from the date of

signing of the agreement to provide the service: Provided

further, That funds available for this paragraph in any fiscal

year shall not exceed $1,000,000 of the total funds authorized

for use in such fiscal year by part I of subchapter I of this

chapter, and shall be available only to the extent provided in

appropriation Acts. Interest shall accrue as of the date of

disbursement to the agency or organization providing such

services.

(b) Agency contracts with individuals to perform services

When any agency of the United States Government provides services

on an advance-of-funds or reimbursable basis under this section,

such agency may contract with individuals for personal service

abroad or in the United States to perform such services or to

replace officers or employees of the United States Government who

are assigned by the agency to provide such services. Such

individuals shall not be regarded as employees of the United States

Government for the purpose of any law administered by the Director

of the Office of Personnel Management.

(c) Excess property

(1) Except as provided in subsection (d) of this section, no

Government-owned excess property shall be made available under this

section, section 2358 of this title, or otherwise in furtherance of

the purposes of subchapter I of this chapter, unless, before the

shipment of such property for use in a specified country (or

transfer, if the property is already in such country), the agency

administering such subchapter I has approved such shipment (or

transfer) and made a written determination -

(A) that there is a need for such property in the quantity

requested and that such property is suitable for the purpose

requested;

(B) as to the status and responsibility of the designated

end-user and his ability effectively to use and maintain such

property; and

(C) that the residual value, serviceability, and appearance of

such property would not reflect unfavorably on the image of the

United States and would justify the costs of packing, crating,

handling, transportation, and other accessorial costs, and that

the residual value at least equals the total of these costs.

(2) For purposes of transferring property described in this

subsection in furtherance of the provisions of part VIII of

subchapter I of this chapter, the phrase "the agency administering

such subchapter I" shall be considered to refer to the Department

of State.

(d) Transfer of Government-owned excess property to enhance

environmental protection in foreign countries

The Secretary of State, acting through the Assistant Secretary of

State for Oceans and International Environmental and Scientific

Affairs, is authorized to transfer to any friendly country,

international organization, the American Red Cross, or other

voluntary nonprofit relief agency described in subsection (a) of

this section, Government-owned excess property made available under

this section or section 2358 of this title in order to support

activities carried out under subchapter I of this chapter which are

designed to enhance environmental protection in foreign countries

if the Secretary of State makes a written determination -

(1) that there is a need for such property in the quantity

requested and that such property is suitable for the purpose

requested;

(2) as to the status and responsibility of the designated

end-user and his ability effectively to use and maintain such

property; and

(3) that the residual value, serviceability, and appearance of

such property would not reflect unfavorably on the image of the

United States and would justify the costs of packing, crating,

handling, transportation, and other accessorial costs, and that

the residual value at least equals the total of these costs.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 607, Sept. 4, 1961, 75 Stat. 441;

Pub. L. 90-554, pt. III, Sec. 301(b), Oct. 8, 1968, 82 Stat. 963;

Pub. L. 94-161, title III, Sec. 315, Dec. 20, 1975, 89 Stat. 867;

Pub. L. 95-88, title I, Sec. 122(a), Aug. 3, 1977, 91 Stat. 541;

Pub. L. 95-424, title V, Sec. 503, Oct. 6, 1978, 92 Stat. 959; 1978

Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92

Stat. 3783; Pub. L. 96-53, title I, Sec. 121, Aug. 14, 1979, 93

Stat. 366; Pub. L. 99-93, title I, Sec. 129, Aug. 16, 1985, 99

Stat. 419.)

-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-

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.

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

1985 - Subsec. (c)(1). Pub. L. 99-93, Sec. 129(1)(A), (B),

designated existing provisions of subsec. (c) as par. (1),

redesignated existing pars. (1), (2), and (3) as subpars. (A), (B),

and (C), respectively, and in introductory provisions of par. (1)

as so designated substituted "Except as provided in subsection (d)

of this section, no" for "No".

Subsec. (c)(2). Pub. L. 99-93, Sec. 129(1)(C), added par. (2).

Subsec. (d). Pub. L. 99-93, Sec. 129(2), added subsec. (d).

1979 - Subsec. (a). Pub. L. 96-53 substituted "Agency for

International Development" for "Advisory Committee on Voluntary

Foreign Aid".

1978 - Subsecs. (b), (c). Pub. L. 95-424 added subsec. (b) and

redesignated former subsec. (b) as (c).

1977 - Subsec. (a). Pub. L. 95-88 inserted "(including foreign

voluntary nonprofit relief agencies so registered and approved when

no United States voluntary nonprofit relief agency is available)"

after "and voluntary nonprofit relief agencies registered with and

approved by the Advisory Committee on Voluntary Foreign Aid" in

provisions preceding par. (1).

1975 - Subsec. (a). Pub. L. 94-161 substituted "currently" for

"current", incorporated text following "Such advances or

reimbursements" in provisions designated cl. (1) and added cl. (2).

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

(a) and added subsec. (b).

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.

REGULATIONS

Section 122(b) of Pub. L. 95-88 provided that: "For purposes of

implementing the amendment made by subsection (a) [amending this

section], the President shall issue regulations governing

registration with and approval by the Advisory Committee on

Voluntary Foreign Aid of foreign voluntary nonprofit agencies."

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" substituted for

"Civil Service Commission" in subsec. (b) pursuant to Reorg. Plan

No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred all functions vested by statute in the

United States Civil Service Commission to the Director of the

Office of Personnel Management (except as otherwise specified),

effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord.

No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101

of Title 5.

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

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.

DELEGATION OF AUTHORITY

Memorandum of President of the United States, Feb. 16, 1995, 60

F.R. 10793, provided:

Memorandum for the Secretary of State [and] the Administrator of

the Agency for International Development

By virtue of 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 as follows

certain authorities vested in the President:

(A) the functions under section 607 of the Foreign Assistance Act

of 1961, as amended (FAA) [22 U.S.C. 2357], to the Secretary of

State and to the Administrator of the Agency for International

Development, respectively, for matters within their respective

areas of responsibility; and

(B) the functions in the first proviso under the heading

"Population, Development Assistance," contained in title II of the

Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 1995 (Public Law 103-306) [108 Stat. 1611], and

in comparable provisions in successor legislation, to the Secretary

of State relating to those organizations and programs for which the

Secretary of State has funding responsibility.

The delegations of authority described in subparagraph (A) are in

addition to other delegations of such authority to the

International Development Cooperation Agency.

The delegation of authority described above in subparagraph (B)

shall be exercised in lieu of the delegation of the comparable

authority to the Administrator of the Agency for International

Development by section 1-102(a)(7) of Executive Order No. 12163, as

amended [22 U.S.C. 2381 note].

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 or the Agency for International

Development, as appropriate.

The Secretary of State is authorized and directed to publish this

memorandum in the Federal Register.

William J. Clinton.

-MISC2-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287e-2, 2358, 2395 of

this title; title 40 section 703.

-End-

-CITE-

22 USC Sec. 2358 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. 2358. Foreign and domestic excess property

-STATUTE-

(a) Advance acquisition of property; special account for payment of

costs; limitation; use of property

It is the sense of the Congress that in furnishing assistance

under subchapter I of this chapter excess personal property, or (if

a substantial savings would occur) other property already owned by

an agency of the United States Government, shall be utilized

wherever practicable in lieu of or supplementary to the procurement

of new items for United States-assisted projects and programs. The

President is authorized to maintain in a separate account, which

shall, notwithstanding section 1535(d) of title 31, be free from

fiscal year limitation, $5,000,000 of funds made available under

part I of subchapter I of this chapter, which may be used to pay

costs (including personnel costs) of acquisition, storage,

renovation and rehabilitation, packing, crating, handling,

transportation, and related costs of property classified as

domestic or foreign excess property pursuant to the Federal

Property and Administrative Services Act of 1949, as amended,(!1)

any property available from an agency of the United States

Government, or other property, in advance of known requirements

therefor for use in furtherance of the purposes of subchapter I of

this chapter: Provided, That the amount of property classified as

domestic excess property pursuant to the Federal Property and

Administrative Services Act of 1949, as amended,(!1) held at any

one time pursuant to this section shall not exceed $15,000,000 in

total original acquisition cost. Property acquired pursuant to the

preceding sentence may be furnished (1) pursuant to any provision

of subchapter I of this chapter for which funds are authorized for

the furnishing of assistance, in which case the separate account

established pursuant to this section shall be repaid from funds

made available for such provision for all costs incurred, or (2)

pursuant to section 2357 of this title, in which case such separate

account shall be repaid in accordance with the provisions of that

section for all costs incurred.

(b) Transfer of domestic excess property

Property classified as domestic excess property under the Federal

Property and Administrative Services Act of 1949, as amended,(!1)

shall not be transferred to the agency primarily responsible for

administering subchapter I of this chapter for use pursuant to the

provisions of subchapter I of this chapter or section 2357 of this

title unless (1) such property is transferred for use exclusively

by an agency of the United States Government, or (2) it has been

determined in the same manner as provided for surplus property in

section 549(a) to (e) of title 40, that such property is not needed

for donation pursuant to those subsections. The foregoing

restrictions shall not apply to the transfer in any fiscal year for

use pursuant to the provisions of subchapter I of this chapter of

amounts of such property with a total original acquisition cost to

the United States Government not exceeding $45,000,000.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 608, Sept. 4, 1961, 75 Stat. 441;

Pub. L. 89-583, pt. III, Sec. 301(c), Sept. 19, 1966, 80 Stat. 804;

Pub. L. 90-137, pt. III, Sec. 301(b), Nov. 14, 1967, 81 Stat. 458;

Pub. L. 95-424, title I, Sec. 102(g)(2)(C), Oct. 6, 1978, 92 Stat.

942; Pub. L. 97-113, title VII, Sec. 701, Dec. 29, 1981, 95 Stat.

1543.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in text, is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-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.

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), "section 1535(d) of title 31" substituted for

"section 1210 of the General Appropriation Act, 1951 (64 Stat. 765)

[31 U.S.C. 686-1]" 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.

In subsec. (b), "section 549(a) to (e) of title 40" substituted

for "section 203(j) of the Federal Property and Administrative

Services Act of 1949, as amended" and "those subsections"

substituted for "that subsection" on authority of Pub. L. 107-217,

Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of

which enacted Title 40, Public Buildings, Property, and Works.

-MISC2-

AMENDMENTS

1981 - Subsec. (a). Pub. L. 97-113 authorized for subchapter I

assistance use of property already owned by an agency of the United

States (if a substantial savings would occur) as supplementary to

procurement of new items for United States-assisted projects and

programs and use of separate account funds for payment of costs of

any property available from an agency of the United States.

1978 - Subsec. (a). Pub. L. 95-424 substituted "part 1 of

subchapter 1 of this chapter" for "section 2172 of this title".

1967 - Subsec. (a). Pub. L. 90-137 required, in furnishing

assistance under subchapter I of this chapter, utilization of

excess personal property wherever practicable in lieu of new items

for United States-assisted projects and programs.

1966 - Subsec. (a). Pub. L. 89-583 permitted personnel costs

attributable to the excess property program to be charged to the

separate account for the advance acquisition of property.

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 2291a, 2357 of this

title; title 40 section 525.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2359 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. 2359. Repealed. Pub. L. 105-277, div. A, Sec. 101(d) [title V,

Sec. 533(a)(5)], Oct. 21, 1998, 112 Stat. 2681-150, 2681-180

-MISC1-

Section, Pub. L. 87-195, pt. III, Sec. 609, Sept. 4, 1961, 75

Stat. 442, related to special accounts for proceeds from sales of

commodities furnished on a grant basis.

-End-

-CITE-

22 USC Sec. 2360 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. 2360. Transfer of funds between accounts

-STATUTE-

(a) Necessity of transfer; limitations

Whenever the President determines it to be necessary for the

purposes of this chapter, not to exceed 10 per centum of the funds

made available for any provision of this chapter (except funds made

available pursuant to subpart IV of part II of subchapter I of this

chapter or for section 2763 of this title) may be transferred to,

and consolidated with, the funds made available for any provision

of this chapter (except funds made available under part II of

subchapter II of this chapter), and may be used for any of the

purposes for which such funds may be used, except that the total in

the provision for the benefit of which the transfer is made shall

not be increased by more than 20 per centum of the amount of funds

made available for such provision.

(b) Augmentation of other appropriations

The authority contained in this section and in sections 2261,

2318 and 2364 of this title, shall not be used to augment

appropriations made available pursuant to sections 2396(g)(1) and

2397 of this title or used otherwise to finance activities which

normally would be financed from appropriations for administrative

expenses.

(c) Military and development assistance purposes

Any funds which the President has notified Congress pursuant to

section 2413 of this title that he intends to provide in military

assistance to any country may be transferred to, and consolidated

with, any other funds he has notified Congress pursuant to such

section that he intends to provide to that country for development

assistance purposes.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 610, Sept. 4, 1961, 75 Stat. 442;

Pub. L. 87-565, pt. III, Sec. 301(a), Aug. 1, 1962, 76 Stat. 260;

Pub. L. 89-371, Sec. 3, Mar. 18, 1966, 80 Stat. 74; Pub. L. 89-583,

pt. III, Sec. 301(d), Sept. 19, 1966, 80 Stat. 804; Pub. L. 90-137,

pt. III, Sec. 301(c), Nov. 14, 1967, 81 Stat. 458; Pub. L. 91-175,

pt. III, Sec. 301, Dec. 30, 1969, 83 Stat. 820; Pub. L. 93-559,

Sec. 19(a), Dec. 30, 1974, 88 Stat. 1800; Pub. L. 95-384, Sec.

10(b)(2), Sept. 26, 1978, 92 Stat. 735; Pub. L. 101-623, Sec.

10(a), Nov. 21, 1990, 104 Stat. 3356.)

-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-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-623 inserted "or for section 2763

of this title" after "subchapter I of this chapter" and struck out

"other" after second reference to "funds made available for any".

1978 - Subsec. (b). Pub. L. 95-384 struck out provisions

authorizing transfer and consolidation of not to exceed $9,000,000

of the funds appropriated under section 2242 of this title with the

funds appropriated under section 2397(a) of this title to be

available solely for additional administrative expenses incurred in

connection with programs in Vietnam.

1974 - Subsec. (a). Pub. L. 93-559, Sec. 19(a)(1), inserted

provisions excepting funds made available under part II of

subchapter II of this chapter from the designation of funds subject

to consolidation.

Subsec. (c). Pub. L. 93-559, Sec. 19(a)(2), added subsec. (c).

1969 - Subsec. (a). Pub. L. 91-175 inserted provision excepting

funds made available pursuant to subpart IV of part II of

subchapter I of this chapter form the designation of funds subject

to consolidation.

1967 - Subsec. (b). Pub. L. 90-137 increased limitation on funds

available for transfer from $5,000,000 to $9,000,000.

1966 - Subsec. (b). Pub. L. 89-583 substituted provisions

authorizing transfer of $5,000,000 for administrative expenses for

any fiscal year incurred in connection with programs in Vietnam for

provisions authorizing transfer of $1,400,000 for administrative

expenses for fiscal year 1966 incurred in connection with programs

in the Republic of Vietnam.

Pub. L. 89-371 authorized transfer of $1,400,000 for

administrative expenses for fiscal year 1966 incurred in connection

with programs in the Republic of Vietnam.

1962 - Pub. L. 87-565 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 10(b) of Pub. L. 101-623 provided that: "The amendments

made by subsection (a) [amending this section] apply with respect

to funds made available for fiscal year 1991 or any fiscal year

thereafter."

-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 2151g, 2161, 2222, 2291e,

2292n, 2293, 2348a, 2364, 2394, 2411 of this title.

-End-

-CITE-

22 USC Sec. 2361 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. 2361. Completion of plans and cost estimates

-STATUTE-

(a) Restriction on agreements or grants

No agreement or grant which constitutes an obligation of the

United States Government in excess of $500,000 under section 1501

of title 31 shall be made for any assistance authorized under part

I of subchapter I of this chapter, subpart II of part II of

subchapter I of this chapter, or part IV of subchapter II of this

chapter -

(1) if such agreement or grant requires substantive technical

or financial planning, until engineering, financial, and other

plans necessary to carry out such assistance, and a reasonably

firm estimate of the cost to the United States Government of

providing such assistance, have been completed; and

(2) if such agreement or grant requires legislative action

within the recipient country, unless such legislative action may

reasonably be anticipated to be completed in time to permit the

orderly accomplishment of the purposes of such agreement or

grant.

(b) Plans for water or related land resource construction projects;

computation of benefits and costs

Plans required under subsection (a) of this section for any water

or related land resource construction project or program shall

include a computation of benefits and costs made insofar as

practicable in accordance with the principles, standards, and

procedures established pursuant to the Water Resources Planning Act

(42 U.S.C. 1962, et seq.) or acts amendatory or supplementary

thereto.

(c) Contracts for construction outside United States; competitive

basis

To the maximum extent practicable, all contracts for construction

outside the United States made in connection with any agreement or

grant subject to subsection (a) of this section shall be made on a

competitive basis.

(d) Engineering, financial, and other plans

Subsection (a) of this section shall not apply to any assistance

furnished for the sole purpose of preparation of engineering,

financial, and other plans.

(e) Certification of country capability to maintain and utilize

projects as prerequisite to assistance for capital projects

exceeding cost limitations

In addition to any other requirements of this section, no

assistance authorized under part I of subchapter I of this chapter,

subpart II of part II of subchapter I of this chapter, or part IV

of subchapter II of this chapter shall be furnished with respect to

any capital assistance project estimated to cost in excess of

$1,000,000 until the head of the agency primarily responsible for

administering subchapter I of this chapter has received and taken

into consideration a certification from the principal officer of

such agency in the country in which the project is located as to

the capability of the country (both financial and human resources)

to effectively maintain and utilize the project taking into account

among other things the maintenance and utilization of projects in

such country previously financed or assisted by the United States.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 611, Sept. 4, 1961, 75 Stat. 442;

Pub. L. 87-565, pt. III, Sec. 301(b), Aug. 1, 1962, 76 Stat. 260;

Pub. L. 88-205, pt. III, Sec. 301(c), Dec. 16, 1963, 77 Stat. 385;

Pub. L. 90-137, pt. II, Sec. 301(d), Nov. 14, 1967, 81 Stat. 458;

Pub. L. 95-424, title I, Sec. 102(g)(2)(D), (E), Oct. 6, 1978, 92

Stat. 943; Pub. L. 96-53, title I, Sec. 117, Aug. 14, 1979, 93

Stat. 365; Pub. L. 99-83, title XII, Secs. 1208, 1211(b)(2), Aug.

8, 1985, 99 Stat. 278, 279.)

-REFTEXT-

REFERENCES IN TEXT

The Water Resources Planning Act, referred to in subsec. (b), is

Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is

classified generally to chapter 19B (Sec. 1962 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

1962 of Title 42 and Tables.

-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.

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

1985 - Subsec. (a). Pub. L. 99-83, Sec. 1208(1), substituted

"$500,000" for "$100,000".

Pub. L. 99-83, Sec. 1211(b)(2), substituted reference to section

1501 of title 31, for reference to section 1311 of the Supplemental

Appropriation Act, 1955.

Subsec. (b). Pub. L. 99-83, Sec. 1208(2), substituted "the

principles, standards, and procedures established pursuant to the

Water Resources Planning Act (42 U.S.C. 1962, et seq.) or acts

amendatory or supplementary thereto" for "the procedures set forth

in the Principles and Standards for Planning Water and Related Land

Resources, dated October 25, 1973, with respect to such

computations".

1979 - Subsec. (b). Pub. L. 96-53 substituted "Principles and

Standards for Planning Water and Related Land Resources, dated

October 25, 1973" for "Memorandum of the President dated May 15,

1962".

1978 - Subsec. (a). Pub. L. 95-424, Sec. 102(g)(2)(D),

substituted "part I of subchapter I of this chapter, subpart II of

part II of subchapter I of this chapter, or part IV of subchapter

II of this chapter" for "subparts I, II, and VI of part II and part

IV of subchapter I of this chapter".

Subsec. (e). Pub. L. 95-424, Sec. 102(g)(2)(E), substituted "part

I of subchapter I of this chapter, subpart II of part II of

subchapter I of this chapter, or part IV of subchapter II of this

chapter" for "subparts I, II, or VI of part II or part IV of

subchapter I of this chapter".

1967 - Subsec. (e). Pub. L. 90-137 added subsec. (e).

1963 - Subsec. (b). Pub. L. 88-205 substituted "the Memorandum of

the President dated May 15, 1962," for "circular A-47 of the Bureau

of the Budget."

1962 - Subsec. (a). Pub. L. 87-565 included subpart VI of part II

of subchapter I of this chapter within the restriction.

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.

-End-

-CITE-

22 USC Sec. 2362 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. 2362. Use of foreign currencies

-STATUTE-

(a) Currencies received in payment for nonmilitary assistance;

foreign obligations

Except as otherwise provided in this chapter or other Acts,

foreign currencies received either (1) as a result of the

furnishing of nonmilitary assistance under the Mutual Security Act

of 1954, as amended, or any Act repealed thereby, and unobligated

on September 3, 1961, or (2) on or after September 4, 1961, as a

result of the furnishing of nonmilitary assistance under the Mutual

Security Act of 1954, as amended, or any Act repealed thereby, or

(3) as a result of the furnishing of assistance under subchapter I

of this chapter, which are in excess of amounts reserved under

authority of section 2455(d) of this title or any other Act

relating to educational and cultural exchanges, may be sold by the

Secretary of the Treasury to agencies of the United States

Government for payment of their obligations outside the United

States, and the United States dollars received as reimbursement

shall be deposited into miscellaneous receipts of the Treasury.

Foreign currencies so received which are in excess of the amounts

so reserved and of the requirements of the United States Government

in payment of its obligations outside the United States, as such

requirements may be determined from time to time by the President,

shall be available for the authorized purposes of subchapter I of

this chapter in such amounts as may be specified from time to time

in appropriation Acts.

(b) United States operations abroad; excess foreign currencies

Any Act of the Congress making appropriations to carry out

programs under this chapter or any other Act for United States

operations abroad is hereby authorized to provide for the

utilization of United States-owned excess foreign currencies to

carry out any such operations authorized by law.

As used in this subsection, the term "excess foreign currencies"

means foreign currencies or credits owned by or owed to the United

States which are, under applicable agreements with the foreign

country concerned, available for the use of the United States

Government and are determined by the President to be excess to the

normal requirements of departments and agencies of the United

States for such currencies or credits and are not prohibited from

use under this subsection by an agreement entered into with the

foreign country concerned.

The President shall take all appropriate steps to assure that, to

the maximum extent possible, United States-owned foreign currencies

are utilized in lieu of dollars. Dollar funds made available

pursuant to this chapter shall not be expended for goods and

services when United States-owned foreign currencies are available

for such purposes unless the administrative official approving the

voucher certifies as to the reason for the use of dollars in each

case.

(c) Voluntary family planning programs; limitation

In addition to funds otherwise available, excess foreign

currencies, as defined in subsection (b) of this section, may be

made available to friendly foreign governments and to private,

nonprofit United States organizations to carry out voluntary family

planning programs in countries which request such assistance. No

such program shall be assisted unless the President has received

assurances that in the administration of such program the recipient

will take reasonable precautions to insure that no person receives

any family planning assistance or supplies unless he desires such

services. The excess foreign currencies made available under this

subsection shall not, in any one year, exceed 5 per centum of the

aggregate of all excess foreign currencies. As used in this

subsection, the term "voluntary family planning program" includes,

but is not limited to, demographic studies, medical and

psychological research, personnel training, the construction and

staffing of clinics and rural health centers, specialized training

of doctors and paramedical personnel, the manufacture of medical

supplies, and the dissemination of family planning information,

medical assistance, and supplies to individuals who desire such

assistance.

(d) Reciprocal release of dollar value equivalents

In furnishing assistance under this chapter to the government of

any country in which the United States owns excess foreign

currencies as defined in subsection (b) of this section, except

those currencies generated under the Agricultural Trade Development

and Assistance Act of 1954, as amended [7 U.S.C. 1691 et seq.], the

President shall endeavor to obtain from the recipient country an

agreement for the release, on such terms and conditions as the

President shall determine, of an amount of such currencies up to

the equivalent of the dollar value of assistance furnished by the

United States for programs as may be mutually agreed upon by the

recipient country and the United States to carry out the purposes

for which new funds authorized by this chapter would themselves be

available.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 612, Sept. 4, 1961, 75 Stat. 443;

Pub. L. 88-205, pt. III, Sec. 301(d), Dec. 16, 1963, 77 Stat. 385;

Pub. L. 88-633, pt. III, Sec. 301(c), Oct. 7, 1964, 78 Stat. 1012;

Pub. L. 88-638, Sec. 2(1), Oct. 8, 1964, 78 Stat. 1037; Pub. L.

89-171, pt. III, Sec. 301(b), Sept. 6, 1965, 79 Stat. 659; Pub. L.

89-583, pt. III, Sec. 301(e), Sept. 19, 1966, 80 Stat. 805; Pub. L.

91-175, pt. III, Sec. 302, Dec. 30, 1969, 83 Stat. 820.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (b), 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 Mutual Security Act of 1954, referred to in subsec. (a), 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 to

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 to 103, ch. II, Secs.

201 to 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 to 205(a) to (i), (k) to (n), ch. III, Sec.

301, ch. IV, Sec. 401(a) to (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 Agricultural Trade Development and Assistance Act of 1954, as

amended, referred to in subsec. (d), 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.

-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

1969 - Subsec. (d). Pub. L. 91-175 added subsec. (d).

1966 - Subsec. (c). Pub. L. 89-583 added subsec. (c).

1965 - Subsecs. (b), (c). Pub. L. 89-171 redesignated subsec. (c)

as (b) and prohibited dollar funds made available pursuant to this

chapter from being expended for goods and services when United

States-owned foreign currencies are available for such purposes

unless the administrative official approving the voucher certifies

as to the reason for the use of dollars in each case.

1964 - Subsec. (b). Pub. L. 88-638 redesignated subsec. (b), as

added by Pub. L. 88-205, as subsec. (t) of section 1704 of Title 7,

Agriculture.

Subsec. (c). Pub. L. 88-633 added subsec. (c).

1963 - Pub. L. 88-205 designated existing provisions as subsec.

(a) and added subsec. (b).

-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-

SEPARATE ACCOUNTS FOR LOCAL CURRENCIES AND CASH TRANSFERS

Pub. L. 107-115, title V, Sec. 529, Jan. 10, 2002, 115 Stat.

2148, provided that:

"(a) Separate Accounts for Local Currencies. - (1) If assistance

is furnished to the government of a foreign country under chapters

1 and 10 of part I [22 U.S.C. 2151 et seq., 2293 et seq.] or

chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign

Assistance Act of 1961 under agreements which result in the

generation of local currencies of that country, the Administrator

of the United States Agency for International Development shall -

"(A) require that local currencies be deposited in a separate

account established by that government;

"(B) enter into an agreement with that government which sets

forth -

"(i) the amount of the local currencies to be generated; and

"(ii) the terms and conditions under which the currencies so

deposited may be utilized, consistent with this section; and

"(C) establish by agreement with that government the

responsibilities of the United States Agency for International

Development and that government to monitor and account for

deposits into and disbursements from the separate account.

"(2) Uses of Local Currencies. - As may be agreed upon with the

foreign government, local currencies deposited in a separate

account pursuant to subsection (a), or an equivalent amount of

local currencies, shall be used only -

"(A) to carry out chapter 1 or 10 of part I or chapter 4 of

part II (as the case may be), for such purposes as -

"(i) project and sector assistance activities; or

"(ii) debt and deficit financing; or

"(B) for the administrative requirements of the United States

Government.

"(3) Programming Accountability. - The United States Agency for

International Development shall take all necessary steps to ensure

that the equivalent of the local currencies disbursed pursuant to

subsection (a)(2)(A) from the separate account established pursuant

to subsection (a)(1) are used for the purposes agreed upon pursuant

to subsection (a)(2).

"(4) Termination of Assistance Programs. - Upon termination of

assistance to a country under chapter 1 or 10 of part I or chapter

4 of part II (as the case may be), any unencumbered balances of

funds which remain in a separate account established pursuant to

subsection (a) shall be disposed of for such purposes as may be

agreed to by the government of that country and the United States

Government.

"(5) Reporting Requirement. - The Administrator of the United

States Agency for International Development shall report on an

annual basis as part of the justification documents submitted to

the Committees on Appropriations on the use of local currencies for

the administrative requirements of the United States Government as

authorized in subsection (a)(2)(B), and such report shall include

the amount of local currency (and United States dollar equivalent)

used and/or to be used for such purpose in each applicable country.

"(b) Separate Accounts for Cash Transfers. - (1) If assistance is

made available to the government of a foreign country, under

chapter 1 or 10 of part I [22 U.S.C. 2151 et seq., 2293 et seq.] or

chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign

Assistance Act of 1961, as cash transfer assistance or as

nonproject sector assistance, that country shall be required to

maintain such funds in a separate account and not commingle them

with any other funds.

"(2) Applicability of Other Provisions of Law. - Such funds may

be obligated and expended notwithstanding provisions of law which

are inconsistent with the nature of this assistance including

provisions which are referenced in the Joint Explanatory Statement

of the Committee of Conference accompanying House Joint Resolution

648 (House Report No. 98-1159).

"(3) Notification. - At least 15 days prior to obligating any

such cash transfer or nonproject sector assistance, the President

shall submit a notification through the regular notification

procedures of the Committees on Appropriations, which shall include

a detailed description of how the funds proposed to be made

available will be used, with a discussion of the United States

interests that will be served by the assistance (including, as

appropriate, a description of the economic policy reforms that will

be promoted by such assistance).

"(4) Exemption. - Nonproject sector assistance funds may be

exempt from the requirements of subsection (b)(1) only through the

notification procedures of the Committees on Appropriations."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-429, Sec. 101(a) [title V, Sec. 532], Nov. 6, 2000,

114 Stat. 1900, 1900A-32.

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 532],

Nov. 29, 1999, 113 Stat. 1535, 1501A-91.

Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 533], Oct.

21, 1998, 112 Stat. 2681-150, 2681-179.

Pub. L. 105-118, title V, Sec. 532, Nov. 26, 1997, 111 Stat.

2414.

Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.

531], Sept. 30, 1996, 110 Stat. 3009-121, 3009-150.

Pub. L. 104-107, title V, Sec. 532, Feb. 12, 1996, 108 Stat. 732.

Pub. L. 103-306, title V, Sec. 536, Aug. 23, 1994, 108 Stat.

1637.

Pub. L. 103-87, title V, Sec. 537, Sept. 30, 1993, 107 Stat. 955.

Pub. L. 102-391, title V, Sec. 571, Oct. 6, 1992, 106 Stat. 1681.

Pub. L. 101-513, title V, Sec. 575, Nov. 5, 1990, 104 Stat. 2042.

Pub. L. 101-167, title II, title V, Sec. 592, Nov. 21, 1989, 103

Stat. 1207, 1253.

Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-12.

Pub. L. 100-202, Sec. 101(e) [title II], Dec. 22, 1987, 101 Stat.

1329-131, 1329-143.

Pub. L. 99-500, Sec. 101(f) [title II], Oct. 18, 1986, 100 Stat.

1783-213, 1783-221, and Pub. L. 99-591, Sec. 101(f) [title II],

Oct. 30, 1986, 100 Stat. 3341-214, 3341-221.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1754 of this title.

-End-

-CITE-

22 USC Sec. 2363 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. 2363. Accounting, valuation, reporting, and administration of

foreign currencies

-STATUTE-

(a) Responsibility of Secretary of the Treasury; regulations

Under the direction of the President, the Secretary of the

Treasury shall have responsibility for valuation and central

accounting with respect to foreign credits (including currencies)

owed to or owned by the United States. In order to carry out such

responsibility the Secretary shall issue regulations binding upon

all agencies of the Government.

(b) Establishment of exchange rates

The Secretary of the Treasury shall have sole authority to

establish for all foreign currencies or credits the exchange rates

at which such currencies are to be reported by all agencies of the

Government.

(c) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560

(d) Interest income on foreign currency proceeds; regulations;

waiver; report to Congress

In cases where assistance is to be furnished to any recipient

country in furtherance of the purposes of this chapter or any other

Act on a basis which will result in the accrual of foreign currency

proceeds to the United States, the Secretary of the Treasury shall

issue regulations requiring that agreements, in respect of such

assistance, include provisions for the receipt of interest income

on the foreign currency proceeds deposited in authorized

depositaries: Provided, That whenever the Secretary of State

determines it not to be in the national interest to conclude

arrangements for the receipt of interest income he may waive the

requirement thereof: Provided further, That the Secretary of State,

or his delegate, shall promptly make a complete report to the

Congress on each such determination and the reasons therefor.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 613, Sept. 4, 1961, 75 Stat. 443;

Pub. L. 89-171, pt. III, Sec. 301(c), Sept. 6, 1965, 79 Stat. 659;

Pub. L. 94-273, Sec. 46, Apr. 21, 1976, 90 Stat. 382; Pub. L.

97-113, title VII, Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (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.

-MISC1-

AMENDMENTS

1981 - Subsec. (c). Pub. L. 97-113 struck out subsec. (c) which

provided for semi-annual reports on foreign currencies acquired

without payment of dollars by the United States. See section

2394(a)(8) of this title.

1976 - Subsec. (c). Pub. L. 94-273 inserted provision relating to

reports after Dec. 31, 1975.

1965 - Subsec. (d). Pub. L. 89-171 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.

-End-

-CITE-

22 USC Sec. 2364 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. 2364. Special authorities

-STATUTE-

(a) Furnishing of assistance and arms export sales, credits, and

guaranties upon determination and notification of Congress of

importance and vitality of such action to security interests and

national security interests of United States; policy

justification; fiscal year limitations; transfers between

accounts

(1) The President may authorize the furnishing of assistance

under this chapter without regard to any provision of this chapter,

the Arms Export Control Act [22 U.S.C. 2751 et seq.], any law

relating to receipts and credits accruing to the United States, and

any Act authorizing or appropriating funds for use under this

chapter, in furtherance of any of the purposes of this chapter,

when the President determines, and so notifies in writing the

Speaker of the House of Representatives and the chairman of the

Committee on Foreign Relations of the Senate, that to do so is

important to the security interests of the United States.

(2) The President may make sales, extend credit, and issue

guaranties under the Arms Export Control Act [22 U.S.C. 2751 et

seq.], without regard to any provision of this chapter, the Arms

Export Control Act, any law relating to receipts and credits

accruing to the United States, and any Act authorizing or

appropriating funds for use under the Arms Export Control Act, in

furtherance of any of the purposes of such Act, when the President

determines, and so notifies in writing the Speaker of the House of

Representatives and the chairman of the Committee on Foreign

Relations of the Senate, that to do so is vital to the national

security interests of the United States.

(3) Before exercising the authority granted in this subsection,

the President shall consult with, and shall provide a written

policy justification to, 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.

(4)(A) The authority of this subsection may not be used in any

fiscal year to authorize -

(i) more than $750,000,000 in sales to be made under the Arms

Export Control Act [22 U.S.C. 2751 et seq.];

(ii) the use of more than $250,000,000 of funds made available

for use under this chapter or the Arms Export Control Act; and

(iii) the use of more than $100,000,000 of foreign currencies

accruing under this chapter or any other law.

(B) If the authority of this subsection is used both to authorize

a sale under the Arms Export Control Act and to authorize funds to

be used under the Arms Export Control Act or under this chapter

with respect to the financing of that sale, then the use of the

funds shall be counted against the limitation in subparagraph

(A)(ii) and the portion, if any, of the sale which is not so

financed shall be counted against the limitation in subparagraph

(A)(i).

(C) Not more than $50,000,000 of the $250,000,000 limitation

provided in subparagraph (A)(ii) may be allocated to any one

country in any fiscal year unless that country is a victim of

active aggression, and not more than $500,000,000 of the aggregate

limitation of $1,000,000,000 provided in subparagraphs (A)(i) and

(A)(ii) may be allocated to any one country in any fiscal year.

(5) The authority of this section may not be used to waive the

limitations on transfers contained in section 2360(a) of this

title.

(b) United States obligations in West Germany

Whenever the President determines it to be important to the

national interest, he may use funds available for the purposes of

part IV of subchapter I of this chapter in order to meet the

responsibilities or objectives of the United States in Germany,

including West Berlin, and without regard to such provisions of law

as he determines should be disregarded to achieve this purpose.

(c) Certification by President of inadvisability to specify nature

of use of funds; reports to Congress

The President is authorized to use amounts not to exceed

$50,000,000 of the funds made available under this chapter pursuant

to his certification that it is inadvisable to specify the nature

of the use of such funds, which certification shall be deemed to be

a sufficient voucher for such amounts. The President shall fully

inform the chairman and ranking minority member of the Committee on

Foreign Affairs of the House of Representatives and the chairman

and ranking minority member of the Committee on Foreign Relations

of the Senate of each use of funds under this subsection prior to

the use of such funds.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 614, Sept. 4, 1961, 75 Stat. 444;

Pub. L. 89-583, pt. III, Sec. 301(f), (g), Sept. 19, 1966, 80 Stat.

805; Pub. L. 90-137, pt. III, Sec. 301(e), Nov. 14, 1967, 81 Stat.

459; Pub. L. 93-559, Sec. 19(b), Dec. 30, 1974, 88 Stat. 1800; Pub.

L. 96-533, title I, Sec. 117(a), Dec. 16, 1980, 94 Stat. 3140; Pub.

L. 99-83, title I, Sec. 128, Aug. 8, 1985, 99 Stat. 206; Pub. L.

101-222, Sec. 8, Dec. 12, 1989, 103 Stat. 1899; Pub. L. 103-199,

title VII, Sec. 705(2), Dec. 17, 1993, 107 Stat. 2328.)

-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 Arms Export Control Act, referred to in subsec. (a)(1), (2),

(4)(A), (B), 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.

REFERENCES TO PART IV OF SUBCHAPTER I DEEMED REFERENCES TO PART IV

OF SUBCHAPTER II

Part IV of subchapter I (Sec. 2241 et seq.) of this chapter has

been repealed. References to part IV of subchapter I, or any

sections thereof, are deemed references to part IV of subchapter II

(Sec. 2346 et seq.) of this chapter, or to appropriate sections

thereof. See section 202(b) of Pub. L. 92-226, set out as a note

under section 2346 of this title.

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(4)(C). Pub. L. 103-199 struck out "Communist

or Communist-supported" after "victim of active".

1989 - Subsec. (c). Pub. L. 101-222 amended second sentence

generally. Prior to amendment, second sentence read as follows:

"The President shall promptly and fully inform the Speaker of the

House of Representatives and the chairman and ranking minority

member of the Committee on Foreign Relations of the Senate of each

use of funds under this subsection."

1985 - Subsec. (a)(4). Pub. L. 99-83 designated existing

provisions as subpar. (A), added cl. (i) and designations "(ii)"

and "(iii)", struck out fiscal year limitation for any one country,

and added subpars. (B) and (C).

1980 - Subsec. (a). Pub. L. 96-533, in revising subsec. (a),

incorporated part of existing first sentence in provisions

designated par. (1), inserted reference to Arms Export Control Act,

struck out reference to Mutual Defense Assistance Control Act of

1951, required notification of the Speaker of the House and

chairman of the Senate Committee on Foreign Relations, and

substituted "security interests" for "security"; inserted pars. (2)

and (3); incorporated part of existing first sentence, second

sentence, and substance of third sentence in provisions designated

par. (4) and inserted reference to the Arms Export Control Act; and

designated fourth sentence as par. (5) and substituted therein "may

not" for "shall not".

1974 - Subsec. (a). Pub. L. 93-559 provided that the authority of

the section shall not be used to waive the limitations on transfers

contained in section 2360(a) of this title.

1967 - Subsec. (a). Pub. L. 90-137 substituted "506" for "510",

classified to the Code as section 2318 of this title.

1966 - Subsec. (a). Pub. L. 89-583, Sec. 301(f), provided that

the $50,000,000 limitation on allocation of funds to any country in

any one fiscal year shall not apply to any country which is a

victim of active Communist or Communist-supported aggression.

Subsec. (c). Pub. L. 89-583, Sec. 301(g), inserted provision for

reports to Congress of use of funds under this subsec.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151g, 2161, 2222, 2314,

2360, 2394, 2413, 2780, 3281 of this title.

-End-

-CITE-

22 USC Sec. 2365 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. 2365. Contract authority

-STATUTE-

Provisions of this chapter authorizing the appropriation of funds

shall be construed to authorize the granting in any appropriation

Act of authority to enter into contracts, within the amounts so

authorized to be appropriated, creating obligations in advance of

appropriations.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 615, Sept. 4, 1961, 75 Stat. 444.)

-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. 2366 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. 2366. Availability of funds

-STATUTE-

Except as otherwise provided in this chapter, funds shall be

available to carry out the provisions of this chapter as authorized

and appropriated to the President each fiscal year.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 616, Sept. 4, 1961, 75 Stat. 444.)

-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.

-MISC1-

ADMINISTRATION OF FUNDS

Pub. L. 87-329, title I, Sec. 112, Sept. 30, 1961, 75 Stat. 719,

provided that funds appropriated under Pub. L. 87-329, popularly

known as the Foreign Assistance and Related Agencies Appropriation

Act, 1962, should be administered with a favorable view toward

those recipient nations which share the view of the United States

on the world crisis.

-End-

-CITE-

22 USC Sec. 2367 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. 2367. Termination expenses

-STATUTE-

(a) In general

Funds made available under this chapter and the Arms Export

Control Act [22 U.S.C. 2751 et seq.], may remain available for

obligation for a period not to exceed 8 months from the date of any

termination of assistance under such chapter or Act for the

necessary expenses of winding up programs related to such

termination and may remain available until expended. Funds

obligated under the authority of such chapter or Act prior to the

effective date of the termination of assistance may remain

available for expenditure for the necessary expenses of winding up

programs related to such termination notwithstanding any provision

of law restricting the expenditure of funds. In order to ensure the

effectiveness of such assistance, such expenses for orderly

termination of programs may include the obligation and expenditure

of funds to complete the training or studies outside their

countries of origin of students whose course of study or training

program began before assistance was terminated.

(b) Liability to contractors

For the purpose of making an equitable settlement of termination

claims under extraordinary contractual relief standards, the

President is authorized to adopt as a contract or other obligation

of the United States Government, and assume (in whole or in part)

any liabilities arising thereunder, any contract with a United

States or third-country contractor that had been funded with

assistance under such chapter or Act prior to the termination of

assistance.

(c) Termination expenses

Amounts certified as having been obligated for assistance

subsequently terminated by the President, or pursuant to any

provision of law, shall continue to remain available and may be

reobligated to meet any necessary expenses arising from the

termination of such assistance.

(d) Guaranty programs

Provisions of this chapter or any other Act requiring the

termination of assistance under this chapter or any other Act shall

not be construed to require the termination of guarantee

commitments that were entered into prior to the effective date of

the termination of assistance.

(e) Relation to other provisions

Unless specifically made inapplicable by another provision of

law, the provisions of this section shall be applicable to the

termination of assistance pursuant to any provision of law.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 617, Sept. 4, 1961, 75 Stat. 444;

Pub. L. 93-189, Sec. 14, Dec. 17, 1973, 87 Stat. 722; Pub. L.

96-533, title III, Sec. 310, Dec. 16, 1980, 94 Stat. 3148; Pub. L.

106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, Sec. 1221],

Nov. 29, 1999, 113 Stat. 1536, 1501A-498; Pub. L. 106-264, title

III, Sec. 302, Aug. 19, 2000, 114 Stat. 760.)

-REFTEXT-

REFERENCES IN TEXT

This chapter and such chapter, referred to in subsecs. (a), (b),

and (d), were in the original references to this Act and such Act,

respectively, 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 and such Act, referred to in subsecs.

(a) and (b), 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

2000 - Pub. L. 106-264 amended section generally. Prior to

amendment, section read as follows: "Assistance under any provision

of this chapter may, unless sooner terminated by the President, be

terminated by concurrent resolution. Funds made available under

this chapter shall remain available for a period not to exceed

eight months from the date of termination of assistance under this

chapter for the necessary expenses of winding up programs related

thereto. In order to ensure the effectiveness of assistance under

this chapter, such expenses for orderly termination of programs may

include the obligation and expenditure of funds to complete the

training or studies outside their countries of origin of students

whose course of study or training program began before assistance

was terminated. Such expenses for orderly termination of programs

under the Arms Export Control Act may include the obligation and

expenditure of funds to complete the training or studies outside

the countries of origin of students whose course of study or

training program began before assistance was terminated, as long as

the origin country's termination was not a result of activities

beyond default of financial responsibilities."

1999 - Pub. L. 106-113 inserted at end "Such expenses for orderly

termination of programs under the Arms Export Control Act may

include the obligation and expenditure of funds to complete the

training or studies outside the countries of origin of students

whose course of study or training program began before assistance

was terminated, as long as the origin country's termination was not

a result of activities beyond default of financial

responsibilities."

1980 - Pub. L. 96-533 authorized expenses for termination of

programs to include completion of training or studies for students

commenced outside their countries of origin prior to such

termination.

1973 - Pub. L. 93-189 substituted "eight months" for "twelve

months".

-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 2151n of this title.

-End-

-CITE-

22 USC Secs. 2368, 2369 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-

Secs. 2368, 2369. Repealed. Pub. L. 95-424, title VI, Sec. 604,

Oct. 6, 1978, 92 Stat. 961

-MISC1-

Section 2368, Pub. L. 87-195, pt. III, Sec. 618, as added Pub. L.

87-565, pt. III, Sec. 301(c), Aug. 1, 1962, 76 Stat. 260, related

to payment to the United States regarding the Settlement of Postwar

Economic Assistance to Japan.

A prior section 618 of Pub. L. 87-195, pt. III, Sept. 4, 1961, 75

Stat. 444, relating to economic assistance to Latin America, was

repealed by Pub. L. 87-565, pt. III, Sec. 301(c), Aug. 1, 1962, 76

Stat. 260.

Section 2369, Pub. L. 87-195, pt. III, Sec. 619, Sept. 4, 1961,

75 Stat. 444, related to assistance to newly independent countries.

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. 2370 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. 2370. Prohibitions against furnishing assistance

-STATUTE-

(a) Cuba; embargo on all trade

(1) No assistance shall be furnished under this chapter to the

present government of Cuba. As an additional means of implementing

and carrying into effect the policy of the preceding sentence, the

President is authorized to establish and maintain a total embargo

upon all trade between the United States and Cuba.

(2) Except as may be deemed necessary by the President in the

interest of the United States, no assistance shall be furnished

under this chapter to any government of Cuba, nor shall Cuba be

entitled to receive any quota authorizing the importation of Cuban

sugar into the United States or to receive any other benefit under

any law of the United States, until the President determines that

such government has taken appropriate steps according to

international law standards to return to United States citizens,

and to entities not less than 50 per centum beneficially owned by

United States citizens, or to provide equitable compensation to

such citizens and entities for property taken from such citizens

and entities on or after January 1, 1959, by the Government of

Cuba.

(b) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560

(c) Indebtedness of foreign country to United States citizen or

person

No assistance shall be provided under this chapter to the

government of any country which is indebted to any United States

citizen or person for goods or services furnished or ordered where

(i) such citizen or person has exhausted available legal remedies,

which shall include arbitration, or (ii) the debt is not denied or

contested by such government, or (iii) such indebtedness arises

under an unconditional guaranty of payment given by such

government, or any predecessor government, directly or indirectly,

through any controlled entity: Provided, That the President does

not find such action contrary to the national security.

(d) Productive enterprises competing with United States enterprise;

conditions on assistance; import controls; waiver of restriction

by President

No assistance shall be furnished on a loan basis under part I of

subchapter I of this chapter for construction or operation of any

productive enterprise in any country where such enterprise will

compete with United States enterprise unless such country has

agreed that it will establish appropriate procedures to prevent the

exportation for use or consumption in the United States of more

than twenty per centum of the annual production of such facility

during the life of the loan. In case of failure to implement such

agreement by the other contracting party, the President is

authorized to establish necessary import controls to effectuate the

agreement. The restrictions imposed by or pursuant to this

subsection may be waived by the President where he determines that

such waiver is in the national security interest.

(e) Nationalization, expropriation or seizure of property of United

States citizens, or taxation or other exaction having same

effect; failure to compensate or to provide relief from taxes,

exactions, or conditions; report on full value of property by

Foreign Claims Settlement Commission; act of state doctrine

(1) The President shall suspend assistance to the government of

any country to which assistance is provided under this chapter or

any other Act when the government of such country or any government

agency or subdivision within such country on or after January 1,

1962 -

(A) has nationalized or expropriated or seized ownership or

control of property owned by any United States citizen or by any

corporation, partnership, or association not less than 50 per

centum beneficially owned by United States citizens, or

(B) has taken steps to repudiate or nullify existing contracts

or agreements with any United States citizen or any corporation,

partnership, or association not less than 50 per centum

beneficially owned by United States citizens, or

(C) has imposed or enforced discriminatory taxes or other

exactions, or restrictive maintenance or operational conditions,

or has taken other actions, which have the effect of

nationalizing, expropriating, or otherwise seizing ownership or

control of property so owned,

and such country, government agency, or government subdivision

fails within a reasonable time (not more than six months after such

action, or, in the event of a referral to the Foreign Claims

Settlement Commission of the United States within such period as

provided herein, not more than twenty days after the report of the

Commission is received) to take appropriate steps, which may

include arbitration, to discharge its obligations under

international law toward such citizen or entity, including speedy

compensation for such property in convertible foreign exchange,

equivalent to the full value thereof, as required by international

law, or fails to take steps designed to provide relief from such

taxes, exactions, or conditions, as the case may be; and such

suspension shall continue until the President is satisfied that

appropriate steps are being taken, and provisions of this

subsection shall not be waived with respect to any country unless

the President determines and certifies that such a waiver is

important to the national interests of the United States. Such

certification shall be reported immediately to Congress.

Upon request of the President (within seventy days after such

action referred to in subparagraphs (A), (B), or (C) of this

paragraph, the Foreign Claims Settlement Commission of the United

States (established pursuant to Reorganization Plan No. 1 of 1954,

68 Stat. 1279) is hereby authorized to evaluate expropriated

property, determining the full value of any property nationalized,

expropriated, or seized, or subjected to discriminatory or other

actions as aforesaid, for purposes of this subsection and to render

an advisory report to the President within ninety days after such

request. Unless authorized by the President, the Commission shall

not publish its advisory report except to the citizen or entity

owning such property. There is hereby authorized to be appropriated

such amount, to remain available until expended, as may be

necessary from time to time to enable the Commission to carry out

expeditiously its functions under this subsection.

(2) Notwithstanding any other provision of law, no court in the

United States shall decline on the ground of the federal act of

state doctrine to make a determination on the merits giving effect

to the principles of international law in a case in which a claim

of title or other rights to property is asserted by any party

including a foreign state (or a party claiming through such state)

based upon (or traced through) a confiscation or other taking after

January 1, 1959, by an act of that state in violation of the

principles of international law, including the principles of

compensation and the other standards set out in this subsection:

Provided, That this subparagraph shall not be applicable (1) in any

case in which an act of a foreign state is not contrary to

international law or with respect to a claim of title or other

right to property acquired pursuant to an irrevocable letter of

credit of not more than 180 days duration issued in good faith

prior to the time of the confiscation or other taking, or (2) in

any case with respect to which the President determines that

application of the act of state doctrine is required in that

particular case by the foreign policy interests of the United

States and a suggestion to this effect is filed on his behalf in

that case with the court.

(f) Prohibition against assistance to Communist countries;

conditions for waiver of restriction by President; enumeration of

Communist countries; removal from application of provisions;

preconditions

(1) No assistance shall be furnished under this chapter, (except

section 2174(b) of this title) to any Communist country. This

restriction may not be waived pursuant to any authority contained

in this chapter unless the President finds and promptly reports to

Congress that: (A) such assistance is vital to the security of the

United States; (B) the recipient country is not controlled by the

international Communist conspiracy; and (C) such assistance will

further promote the independence of the recipient country from

international communism. For the purposes of this subsection, the

phrase "Communist country" includes specifically, but is not

limited to, the following countries:

Democratic People's Republic of Korea,

People's Republic of China,

Republic of Cuba,

Socialist Republic of Vietnam,

Tibet,(!1)

(2) Notwithstanding the provisions of paragraph (1) of this

subsection, the President may remove a country, for such period as

the President determines, from the application of this subsection,

and other provisions which reference this subsection, if the

President determines and reports to the Congress that such action

is important to the national interest of the United States. It is

the sense of the Congress that when consideration is given to

authorizing assistance to a country removed from the application of

this subsection, one of the factors to be weighed, among others, is

whether the country in question is giving evidence of fostering the

establishment of a genuinely democratic system, with respect for

internationally recognized human rights.

(g) Use of assistance funds to compensate owners for expropriated

or nationalized property; waiver for land reform programs

Notwithstanding any other provision of law, no monetary

assistance shall be made available under this chapter to any

government or political subdivision or agency of such government

which will be used to compensate owners for expropriated or

nationalized property and, upon finding by the President that such

assistance has been used by any government for such purpose, no

further assistance under this chapter shall be furnished to such

government until appropriate reimbursement is made to the United

States for sums so diverted. This prohibition shall not apply to

monetary assistance made available for use by a government (or a

political subdivision or agency of a government) to compensate

nationals of that country in accordance with a land reform program,

if the President determines that monetary assistance for such land

reform program will further the national interests of the United

States.

(h) Regulations and procedures to insure aid is not used contrary

to the best interests of the United States

The President shall adopt regulations and establish procedures to

insure that United States foreign aid is not used in a manner

which, contrary to the best interests of the United States,

promotes or assists the foreign aid projects or activities of any

country that is a Communist country for purposes of subsection (f)

of this section.

(i) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560

(j) Damage or destruction by mob action of United States property;

termination of assistance

The President shall consider terminating assistance under this

chapter or any other Act to any country which permits, or fails to

take adequate measures to prevent, the damage or destruction by mob

action of United States property within such country, and fails to

take appropriate measures to prevent a recurrence thereof and to

provide adequate compensation for such damage or destruction.

(k) Maximum amount of assistance, including military assistance to

individual countries without approval of or presentation to

Congress

Without the express approval of Congress, no assistance shall be

furnished under this chapter to any country for construction of any

productive enterprise with respect to which the aggregate value of

assistance to be furnished by the United States will exceed

$100,000,000, except that this sentence does not apply with respect

to assistance for construction of any productive enterprise in

Egypt which is described in the presentation materials to Congress.

Except as otherwise provided in section 2318 of this title, no

military assistance shall be furnished to any country under this

chapter for carrying out any program, with respect to which the

aggregate value of assistance to be furnished beginning July 1,

1966, by the United States will exceed $100,000,000 unless such

program has been included in the presentation to the Congress

during its consideration of authorizations for appropriations under

this chapter or of appropriations pursuant to authorizations

contained in this chapter. No provision of this chapter or any

other Act shall be construed to authorize the President to waive

the provisions of this subsection.

(g742l) Institution of investment guaranty program

The President shall consider denying assistance under this

chapter to the government of any less developed country which,

after December 31, 1966, has failed to enter into an agreement with

the President to institute the investment guaranty program under

section 2194(a)(1) of this title, providing protection against the

specific risks of inconvertibility under subparagraph (A), and

expropriation or confiscation under subparagraph (B), of such

section 2194(a)(1).

(m) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560

(n) Repealed. Pub. L. 95-88, title I, Sec. 123(b), Aug. 3, 1977, 91

Stat. 541

(g742o) Exclusion from assistance of countries seizing or imposing

penalties or sanctions against United States fishing vessels

In determining whether or not to furnish assistance under this

chapter, consideration shall be given to excluding from such

assistance any country which hereafter seizes, or imposes any

penalty or sanction against, any United States fishing vessel on

account of its fishing activities in international waters. The

provisions of this subsection shall not be applicable in any case

governed by international agreement to which the United States is a

party.

(p) Repealed. Pub. L. 93-559, Sec. 44, Dec. 30, 1974, 88 Stat. 1813

(q) Defaults in principal or interest payments on loans; meeting

obligations under loans; notice to Congressional committees

No assistance shall be furnished under this chapter to any

country which is in default, during a period in excess of six

calendar months, in payment to the United States of principal or

interest on any loan made to such country under this chapter,

unless such country meets its obligations under the loan or unless

the President determines that assistance to such country is in the

national interest and notifies the Speaker of the House of

Representatives and the Committee on Foreign Relations of the

Senate of such determination.

(r) Liability for repayment of principal or interest on loans

outstanding after September 19, 1966

No recipient of a loan made under the authority of this chapter,

any part of which is outstanding on or after September 19, 1966,

shall be relieved of liability for the repayment of any part of the

principal of or interest on such loan.

(s) Restraint of arms races and proliferation of sophisticated

weapons

(1) In order to restrain arms races and proliferation of

sophisticated weapons, and to ensure that resources intended for

economic development are not diverted to military purposes, the

President shall take into account before furnishing development

loans, Alliance loans or supporting assistance to any country under

this chapter, and before making sales under the Agricultural Trade

Development and Assistance Act of 1954, as amended [7 U.S.C. 1691

et seq.]:

(A) the percentage of the recipient or purchasing country's

budget which is devoted to military purposes; and

(B) the degree to which the recipient or purchasing country is

using its foreign exchange or other resources to acquire military

equipment.

(2) Omitted.

(t) Diplomatic relations; severance, resumption, and negotiation of

agreements

No assistance shall be furnished under this chapter or any other

Act, and no sales shall be made under the Agricultural Trade

Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.], in

or to any country which has severed or hereafter severs diplomatic

relations with the United States or with which the United States

has severed or hereafter severs diplomatic relations, unless (1)

diplomatic relations have been resumed with such country and (2)

agreements for the furnishing of such assistance or the making of

such sales, as the case may be, have been negotiated and entered

into after the resumption of diplomatic relations with such

country.

(u) Status of country with respect to obligations to the United

Nations; report to Congress

In any decision to provide or continue to provide any program of

assistance to any country under this chapter, there shall be taken

into account the status of the country with respect to its dues,

assessments, and other obligations to the United Nations; and where

such country is delinquent with respect to any such obligations for

the purposes of the first sentence of Article 19 of the United

Nations Charter, the President shall furnish the Committee on

Foreign Relations of the Senate and the Speaker of the House of

Representatives a report setting forth the assurance given by the

government of the country concerned of paying all of its arrearages

and of placing its payments of such obligations on a current basis,

or a full explanation of the unusual or exceptional circumstances

which render it economically incapable of giving such assurance.

(v) Repealed. Pub. L. 93-559, Sec. 24, Dec. 30, 1974, 88 Stat. 1802

(w) Repealed. Pub. L. 95-424, title V, Sec. 502(d)(1), Oct. 6,

1978, 92 Stat. 959

(x) Omitted

(y) Limitation on assistance to countries aiding Cuba nuclear

development

(1) Except as provided in paragraph (2), the President shall

withhold from amounts made available under this chapter or any

other Act and allocated for a country for a fiscal year an amount

equal to the aggregate value of nuclear fuel and related assistance

and credits provided by that country, or any entity of that

country, to Cuba during the preceding fiscal year.

(2) The requirement to withhold assistance for a country for a

fiscal year under paragraph (1) shall not apply if Cuba -

(A) has ratified the Treaty on the Non-Proliferation of Nuclear

Weapons (21 UST 483) or the Treaty of Tlatelelco, and Cuba is in

compliance with the requirements of either such Treaty;

(B) has negotiated and is in compliance with full-scope

safeguards of the International Atomic Energy Agency not later

than two years after ratification by Cuba of such Treaty; and

(C) incorporates and is in compliance with internationally

accepted nuclear safety standards.

(3) The Secretary of State shall prepare and submit to the

Congress each year a report containing a description of the amount

of nuclear fuel and related assistance and credits provided by any

country, or any entity of a country, to Cuba during the preceding

year, including the terms of each transfer of such fuel,

assistance, or credits.

-SOURCE-

(Pub. L. 87-195, pt. III, Sec. 620, Sept. 4, 1961, 75 Stat. 444;

Pub. L. 87-565, pt. III, Sec. 301(d), Aug. 1, 1962, 76 Stat. 260;

Pub. L. 88-205, pt. III, Sec. 301(e), Dec. 16, 1963, 77 Stat. 386;

Pub. L. 88-633, pt. III, Sec. 301(d)-(g), Oct. 7, 1964, 78 Stat.

1013; Pub. L. 89-171, pt. III, Sec. 301(d), Sept. 6, 1965, 79 Stat.

659; Pub. L. 89-583, pt. III, Sec. 301(h), Sept. 19, 1966, 80 Stat.

805, 806; Pub. L. 90-137, pt. III, Sec. 301(f), Nov. 14, 1967, 81

Stat. 459; Pub. L. 90-554, pt. III, Sec. 301(c), Oct. 8, 1968, 82

Stat. 963; Pub. L. 91-175, pt. III, Sec. 303, Dec. 30, 1969, 83

Stat. 820; Pub. L. 92-226, pt. III, Sec. 301, Feb. 7, 1972, 86

Stat. 27; Pub. L. 93-189, Sec. 15, Dec. 17, 1973, 87 Stat. 722;

Pub. L. 93-559, Secs. 22-24, 44, Dec. 30, 1974, 88 Stat. 1801,

1802, 1813; Pub. L. 94-104, Sec. 2(c)(1), (2), Oct. 6, 1975, 89

Stat. 509; Pub. L. 94-329, title IV, Sec. 403, title VI, Sec. 606,

June 30, 1976, 90 Stat. 757, 768; Pub. L. 95-88, title I, Sec.

123(a), (b), Aug. 3, 1977, 91 Stat. 541; Pub. L. 95-92, Sec. 22(d),

Aug. 4, 1977, 91 Stat. 624; Pub. L. 95-384, Sec. 13(a), Sept. 26,

1978, 92 Stat. 737; Pub. L. 95-424, title I, Secs. 102(g)(2)(F),

115(k), title V, Sec. 502(d)(1), Oct. 6, 1978, 92 Stat. 943, 952,

959; Pub. L. 96-533, title II, Sec. 203, Dec. 16, 1980, 94 Stat.

3145; Pub. L. 97-113, title VII, Secs. 702, 707, 734(a)(1), (13),

(b), Dec. 29, 1981, 95 Stat. 1544, 1546, 1560; Pub. L. 99-83, title

XII, Secs. 1202, 1203, Aug. 8, 1985, 99 Stat. 276, 277; Pub. L.

102-511, title IX, Sec. 901, Oct. 24, 1992, 106 Stat. 3355; Pub. L.

103-199, title VII, Sec. 705(3), Dec. 17, 1993, 107 Stat. 2328;

Pub. L. 103-306, title V, Sec. 573, Aug. 23, 1994, 108 Stat. 1653;

Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2810(a),

Oct. 21, 1998, 112 Stat. 2681-850.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 104-114, title II, Sec. 204(d)(1), (2), Mar. 12, 1996,

110 Stat. 810, provided that on date on which President submits

determination under section 6063(c)(3) of this title that

democratically elected government in Cuba is in power, this section

is amended by repealing subsec. (a) and by striking out "Republic

of Cuba" in subsec. (f).

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (c), (e), (f)(1), (g),

(j) to (l), (o), (q) to (t), (u), and (y), was in the original

"this Act", except in subsec. (u), where it was "the Foreign

Assistance Act of 1961", 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.

Reorganization Plan No. 1 of 1954, 68 Stat. 1279, referred to in

subsec. (e)(1), is set out in the Appendix to Title 5, Government

Organization and Employees.

The Agricultural Trade Development and Assistance Act of 1954, as

amended, referred to in subsecs. (s)(1) and (t), is act July 10,

1954, ch. 469, 68 Stat. 454, 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.

-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

Subsec. (s)(2) of this section, which required the President to

report annually to the Speaker of the House of Representatives and

the Committee on Foreign Relations of the Senate on actions taken

to carry out this provision, terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, page 26 of House Document No. 103-7.

Subsec. (x) was omitted pursuant to Pub. L. 95-384, Sec. 13(a),

Sept. 26, 1978, 92 Stat. 737, which provided that subsec. (x) be of

no further force and effect upon the President's determination and

certification of certain conditions precedent which was made by

Presidential Memorandum dated Sept. 26, 1978. See notes set out

below.

-MISC2-

AMENDMENTS

1998 - Subsec. (y). Pub. L. 105-277 added subsec. (y).

1994 - Subsec. (f)(1). Pub. L. 103-306, which directed the

amendment of par. (1) by striking out from the list of countries

"Mongolian People's Republic.", was executed by striking out

"Mongolian People's Republic," to reflect the probable intent of

Congress.

1993 - Subsec. (h). Pub. L. 103-199 substituted "any country that

is a Communist country for purposes of subsection (f) of this

section" for "the Communist-bloc countries".

1992 - Subsec. (f)(1). Pub. L. 102-511, which directed the

amendment of par. (1) by striking out from the list of countries

"Czechoslovak Socialist Republic.", "Estonia.", "German Democratic

Republic.", "Hungarian People's Republic.", "Latvia.",

"Lithuania.", "People's Republic of Albania.", "People's Republic

of Bulgaria.", "Polish People's Republic.", "Socialist Federal

Republic of Yugoslavia.", "Socialist Republic of Romania.", and

"Union of Soviet Socialist Republics (including its captive

constituent republics).", was executed by striking out those

countries and the comma which followed each country in the original

and not a period as shown in the directory language.

1985 - Subsec. (f). Pub. L. 99-83, Sec. 1202, designated existing

provisions as par. (1) and redesignated cls. (1), (2), and (3) as

(A), (B), and (C), respectively, and added par. (2).

Subsec. (g). Pub. L. 99-83, Sec. 1203, inserted provisions

relating to waiver of prohibitions in cases of land reform

programs.

1981 - Subsec. (b). Pub. L. 97-113, Sec. 734(a)(1), struck out

subsec. (b) which prohibited aid to countries unless the President

determined that they were not dominated by the international

Communist movement. See subsec. (f) of this section.

Subsec. (f). Pub. L. 97-113, Sec. 707, substituted "includes

specifically, but is not limited to" for "shall include

specifically, but not be limited to", repeated in a different

sequence the list of countries included within the phrase

"Communist country", and substituted "Democratic People's Republic

of Korea" for "North Korean Peoples Republic", "German Democratic

Republic" for "German Democratic Republic (East Germany)",

"Mongolian People's Republic" for "Outer Mongolia-Mongolian Peoples

Republic", "Republic of Cuba" for "Cuba", "Socialist Federal

Republic of Yugoslavia" for "Federal Peoples Republic of

Yugoslavia", "Socialist Republic of Romania" for "Rumanian Peoples

Republic", and "Socialist Republic of Vietnam" for "North Vietnam".

Subsec. (i). Pub. L. 97-113, Sec. 734(a)(1), struck out subsec.

(i) which prohibited aid to countries determined by the President

to be engaging in or prepared for aggressive military efforts,

insurrection, or subversion against the United States or any

country receiving United States aid.

Subsec. (k). Pub. L. 97-113, Sec. 702, struck out "for fiscal

year 1977, fiscal year 1980, or fiscal year 1981" after

"presentation materials to Congress".

Subsec. (m). Pub. L. 97-113, Sec. 734(a)(1), struck out subsec.

(m) which prohibited grant assistance, except for International

Military Education and Training, to any economically developed

nation capable of sustaining its own defense burden and economic

growth.

Subsec. (s)(1). Pub. L. 97-113, Sec. 734(b), substituted in

subpar. (B) "foreign exchange or other resources" for "foreign

exchange resources" and struck out subpar. (C), which directed the

President to take into account the amount spent by the recipient or

purchasing country for the purchase of sophisticated weapons

systems, such as missile systems and jet aircraft for military

purposes, from any country.

1980 - Subsec. (k). Pub. L. 96-533 exempted from express

Congressional approval productive enterprises in Egypt described in

the presentation to Congress for fiscal years 1980 and 1981.

1978 - Subsec. (d). Pub. L. 95-424, Sec. 102(g)(2)(F),

substituted "on a loan basis under part I of subchapter I of this

chapter" for "under section 2161 of this title".

Subsec. (l). Pub. L. 95-424, Sec. 115(k), substituted

"2194(a)(1)" for "2181(b)(1)" in two places.

Subsec. (w). Pub. L. 95-424, Sec. 502(d)(1), struck out subsec.

(w) relating to suspension and future resumption of military,

economic, etc., assistance to the Government of Pakistan.

1977 - Subsec. (a)(1). Pub. L. 95-88, Sec. 123(a)(1), struck out

provision that no assistance be furnished to any country which

furnished assistance to the government of Cuba unless the President

determined that assistance to the supplying country was in the

national interest of the United States.

Subsec. (a)(3). Pub. L. 95-88, Sec. 123(a)(2), struck out par.

(3) which had directed that no funds be used to furnish assistance

to countries which had not taken steps to prevent ships or aircraft

of their registry from transporting equipment, materials, or

commodities to Cuba.

Subsec. (n). Pub. L. 95-88, Sec. 123(b), struck out subsec. (n)

which had prohibited the giving of aid to countries that sold or

furnished to North Vietnam, or permitted their ships or aircraft to

carry to or from North Vietnam, equipment, materials, or

commodities, unless the President determined that the giving of aid

was in the national interest.

Subsec. (x)(1). Pub. L. 95-92 substituted "1978" for "1976, the

period beginning July 1, 1976, and ending September 30, 1976, and

the fiscal year 1977," and provisions authorizing $175,000,000

during the fiscal year 1978 for Turkey as the total value of

defense articles and services sold to such country, for provisions

authorizing $125,000,000 during the fiscal year 1976, and the

period beginning July 1, 1976, and ending Sept. 30, 1976, and

$125,000,000 during the fiscal year 1977 for Turkey as the total

value of defense articles and services sold to such country.

1976 - Subsec. (k). Pub. L. 94-329, Sec. 606, inserted provision

exempting from the condition of express approval of Congress any

productive enterprise in Egypt which is described in the

presentation to Congress for fiscal year 1977.

Subsec. (x)(1). Pub. L. 94-329, Sec. 403, further modified

existing restrictions on assistance to Turkey by allowing the

procurement under specified conditions of $125 million in defense

articles and defense services by Turkey, provided that the

President determines that such articles and services are necessary

to enable Turkey to fulfill her defense responsibilities as a

member of the North Atlantic Treaty Organization.

1975 - Subsec. (x). Pub. L. 94-104 redesignated existing

provisions as par. (1), substituted provisions authorizing the

President to suspend the provisions of this section and of section

2753(c) of this title with respect to sales, credits, and

guaranties under the Foreign Military Sales Act, for the

procurement of defense articles and services certified by the

President to be necessary to enable Turkey to fulfill her defense

responsibilities as a member of NATO and that such suspension shall

be effective only while Turkey observes the cease-fire and neither

increases its forces on Cyprus nor transfers to Cyprus any United

States supplied arms, ammunition, and implements of war for

provisions authorizing the President to suspend the provisions of

this section and certain other Acts if he determined that such

suspension would further negotiations for a peaceful solution of

the Cyprus conflict and that such suspension shall be effective

only until Feb. 5, 1975, and if, during that time, Turkey observed

cease-fire and neither increased its forces on Cyprus nor

transferred to Cyprus any United States supplied implements of war,

and added par. (2).

1974 - Subsec. (n). Pub. L. 93-559, Sec. 23, authorized

assistance when determined by the President to be in the national

interest of the United States.

Subsec. (p). Pub. L. 93-559, Sec. 44, repealed subsec. (p)

relating to assistance to United Arab Republic if essential to

national interest of United States, and without any aid to

aggressive actions by the United Arab Republic, and reports to

Congressional committees.

Subsec. (v). Pub. L. 93-559, Sec. 24, repealed subsec. (v)

relating to prohibition against assistance to Greece, waiver of the

restriction by the President, report to Congress, and fiscal year

limitation of assistance made available to Greece.

Subsec. (x). Pub. L. 93-559, Sec. 22, added subsec. (x).

1973 - Subsec. (e)(1). Pub. L. 93-189 substituted "the provisions

of this subsection shall not be waived with respect to any country

unless the President determines and certifies that such a waiver is

important to the national interest of the United States. Such

certification shall be reported immediately to Congress", for "no

other provision of this chapter shall be so construed to authorize

the President to waive the provisions of this subsection".

1972 - Subsecs. (v), (w). Pub. L. 92-226 added subsecs. (v) and

(w).

1969 - Subsec. (s). Pub. L. 91-175, Sec. 303(a), struck out

provision empowering President to terminate assistance when he

finds it is being diverted to military expenditures, continued

provision requiring President to take military expenditures into

account when furnishing assistance under this chapter and under the

Agricultural Trade Development and Assistance Act of 1954, as

amended, inserted provision requiring President to take into

account amount spent by recipient on sophisticated weapons systems,

and inserted provision requiring President to report annually to

the Speaker of the House of Representatives and the Committee on

Foreign Relations of the Senate his actions in carrying out this

section.

Subsec. (v). Pub. L. 91-175, Sec. 303(b), repealed subsec. (v)

covering the withholding of assistance to countries with

expenditures for weapons systems. See subsec. (s) of this section.

1968 - Subsec. (v). Pub. L. 90-554, added subsec. (v).

1967 - Subsec. (j). Pub. L. 90-137, Sec. 301(f)(1), substituted

provisions for termination of assistance to countries because of

damage or destruction by mob action of United States property

(incorporated from former penultimate paragraph of section 2151 of

this title) for former provisions for assistance to Indonesia if

essential to national interests of United States and reports

thereof to Congress.

Subsec. (k). Pub. L. 90-137, Sec. 301(f)(2), substituted "506"

for "510", classified to the Code as section 2318 of this title.

Subsec. (n). Pub. L. 90-137, Sec. 301(f)(3), restated the

prohibition against assistance to define the kind of assistance

meant, that is, loans, credits, guarantees, or grants or other

assistance, to extend the prohibition to assistance under any other

Act and to sales under the Agricultural Trade Development and

Assistance Act of 1954, and to eliminate specific reference to such

items of transportation as items of economic assistance, and war

materials, such as arms, ammunition and implements of war, atomic

energy materials, petroleum, transportation materials of strategic

value, and items of primary strategic significance used in

production of arms, ammunition, and implements of war.

Subsecs. (s) to (u). Pub. L. 90-137, Sec. 301(f)(4), added

subsecs. (s) to (u).

1966 - Subsec. (i). Pub. L. 89-583, Sec. 301(h)(1), provided for

denial of assistance to any country which hereafter is officially

represented at any international conference when that

representation includes planning of activities involving

insurrection or subversion, which military efforts, insurrection,

or subversion are directed as described in the subsec., for

Executive determination that such representation has ceased and for

report to Congress that such representation will not be renewed or

repeated.

Subsec. (k). Pub. L. 89-583, Sec. 301(h)(2), made permanent the

temporary (calendar year 1965) prohibition against the initiation

of projects exceeding $100,000,000 without the express approval of

Congress and included military assistance amounting in the

aggregate to more than $100,000,000.

Subsec. (l). Pub. L. 89-583, Sec. 301(h)(3), substituted "The

President shall consider denying assistance under this chapter to

the government of any less developed country which, after December

31, 1966," for "No assistance shall be provided under this chapter

after December 31, 1966, to the government of any less developed

country which".

Subsec. (n). Pub. L. 89-583, Sec. 301(h)(4), substituted "no

assistance shall be furnished" and "September 19, 1966" for "the

President shall consider denying assistance" and "September 6,

1965", respectively.

Subsecs. (p) to (r). Pub. L. 89-583, Sec. 301(h)(5), added

subsecs. (p) to (r).

1965 - Subsec. (e)(2). Pub. L. 89-171, Sec. 301(d)(2),

substituted "other right to property" for "other right" in two

places and deleted cl. (3) which made this subparagraph

inapplicable in any case in which the proceedings are commenced

after Jan. 1, 1966.

Subsec. (l). Pub. L. 89-171, Sec. 301(d)(3), substituted

"December 31, 1966" for "December 31, 1965".

Subsecs. (n), (o). Pub. L. 89-171, Sec. 301(d)(4), added subsecs.

(n) and (o).

1964 - Subsec. (e). Pub. L. 88-633, Sec. 301(d), designated

existing provisions as par. (1), redesignated subpars. (1) to (3)

thereof as subpars. (A) to (C), substituted therein "subparagraphs

(A), (B), or (C) of this paragraph" for "paragraphs (1), (2), or

(3) of this subsection", and added par. (2).

Subsec. (f). Pub. L. 88-633, Sec. 301(e), inserted "(including

its captive constituent republics)" after "Union of Soviet

Socialist Republics".

Subsec. (k). Pub. L. 88-633, Sec. 301(f), substituted "1965" for

"1964" in two places.

Subsec. (m). Pub. L. 88-633, Sec. 301(g), substituted "during

each fiscal year" for "during fiscal year 1964" and "$500,000" for

"$1,000,000".

1963 - Subsec. (a). Pub. L. 88-205, Sec. 301(e)(1), designated

existing provisions as par. (1) and added pars. (2) and (3).

Subsec. (e). Pub. L. 88-205, Sec. 301(e)(2), empowered the

President to suspend assistance provided under any other act as

well as under this chapter, inserted references to the repudiation

or nullification of existing contracts or agreements with U.S.

citizens or corporations, partnerships or associations not less

than 50 percent beneficially owned by U.S. citizens, substituted

"in the event of a referral to the Foreign Claims Settlement

Commission of the United States within such period as provided

herein, not more than twenty days after the report of the

Commission is received" for "after August 1, 1962, whichever is

later", required compensation for property to be "equivalent to the

full value thereof", and authorized the Foreign Claims Settlement

Commission to determine the full value of property nationalized,

expropriated, or seized upon the President's request, and to render

an advisory report to him thereon.

Subsecs. (i) to (m). Pub. L. 88-205, Sec. 301(e)(3), added

subsecs. (i) to (m).

1962 - Subsec. (a). Pub. L. 87-565, Sec. 301(d)(1), prohibited

assistance to any country which furnishes assistance to the present

government of Cuba unless the President determines that such

assistance is in the national interest of the United States.

Subsec. (c). Pub. L. 87-565, Sec. 301(d)(2), extended the

prohibition against providing assistance to cases where the goods

or services have been ordered, and where the indebtedness arises

under an unconditional guaranty of payment, provided the President

does not find such action contrary to the national security, and

inserted "which shall include arbitration" after "exhausted

available legal remedies".

Subsecs. (e) to (h). Pub. L. 87-565, Sec. 301(d)(3), added

subsecs. (e) to (h).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2810(b),

Oct. 21, 1998, 112 Stat. 2681-851, provided that: "Section 620(y)

of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(y)], as added

by subsection (a), shall apply with respect to assistance provided

in fiscal years beginning on or after the date of the enactment of

this Act [Oct. 21, 1998]."

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 1975 AMENDMENT

Section 2(c)(5) of Pub. L. 94-104 provided that: "This subsection

[amending this section] shall become effective only upon enactment

of foreign assistance legislation authorizing sales, credits, and

guaranties under the Foreign Military Sales Act [section 2751 et

seq. of this title] for fiscal year 1976."

REPEALS

Pub. L. 95-92, Sec. 22(d), Aug. 4, 1977, 91 Stat. 624, cited as a

credit to this section, was repealed by Pub. L. 97-113, title VII,

Sec. 734(a)(13), Dec. 29, 1981, 95 Stat. 1560.

-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-

ASSISTANCE AND SALES TO ARGENTINA

Pub. L. 97-113, title VII, Sec. 725(b), (c), Dec. 29, 1981, 95

Stat. 1553, related to the provision of assistance and credits,

loan guarantees, defense articles and services, export licenses,

etc., by United States to Argentina, prior to repeal by Pub. L.

101-162, title V, Nov. 21, 1989, 103 Stat. 1030.

LIMITATIONS ON ASSISTANCE, SALES, CREDITS, AND EXPORT LICENSES TO

CHILE

Section 726(b), (c) of Pub. L. 97-113, as amended by Pub. L.

99-83, title VII, Sec. 715, Aug. 8, 1985, 99 Stat. 247; Pub. L.

101-513, title V, Sec. 544(b), Nov. 5, 1990, 104 Stat. 2019,

provided that:

"(b) Notwithstanding any other provision of law -

"(1) no assistance may be furnished under chapter 2, 4, 5, or 6

of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2311

et seq., 2346 et seq., 2347 et seq., 2348 et seq.] to Chile;

"(2) no sale of defense articles or services may be made under

the Arms Export Control Act [22 U.S.C. 2751 et seq.] to Chile;

"(3) no credits (including participation in credits) may be

extended and no loan may be guaranteed under the Arms Export

Control Act [22 U.S.C. 2751 et seq.] with respect to Chile; and

"(4) no export licenses may be issued under section 38 of the

Arms Export Control Act [22 U.S.C. 2778] to or for the Government

of Chile;

unless and until the President submits to the Speaker of the House

of Representatives and the chairman of the Committee on Foreign

Relations of the Senate a detailed report certifying -

"(A) that the Government of Chile has made significant progress

in complying with internationally recognized principles of human

rights;

"(B) that the provision of such assistance, articles or

services is in the national interest of the United States; and

"(C) that the Government of Chile is not aiding or abetting

international terrorism and has taken appropriate steps to

cooperate to bring to justice by all legal means available in the

United States or Chile those indicted by a United States grand

jury in connection with the murders of Orlando Letelier and Ronni

Moffitt.

"(c) The prohibition contained in subsection (b) does not

prohibit the sale, or the licensing for export, of cartridge

actuated devices, propellant actuated devices, components, parts,

tools, technical manuals, time compliance to technical orders

(TCTOs), or TCTO retrofits for aircraft of the F-5E/F, A/T-37, or

C-130E/H type owned by the Chilean Air Force, so long as the items

are provided only for purposes of enhancing the safety of the

aircraft crew."

Section 406 of Pub. L. 94-329, as amended by Pub. L. 95-384,

Secs. 10(b)(5), 12(c)(5), Sept. 26, 1978, 92 Stat. 735, 737, set

forth limitations with respect to assistance, sales and credit for

Chile, prior to repeal by Pub. L. 97-113, title VII, Sec. 726(a),

Dec. 29, 1981, 95 Stat. 1554.

Section 25 of Pub. L. 93-559 provided that notwithstanding any

other provision of law, the total amount of assistance that was to

be made available for Chile under this chapter, and the Foreign

Military Sales Act, section 2751 et seq. of this title, during

fiscal year 1975, was not to exceed $25,000,000, none of which was

to be made available for the purpose of providing military

assistance (including security supporting assistance, sales, credit

sales, or guaranties or the furnishing by any means of excess

defense articles or items from stockpiles of the Department of

Defense), prior to repeal by Pub. L. 97-113, title VII, Sec.

734(a)(8), Dec. 29, 1981, 95 Stat. 1560.

ASSISTANCE FOR EL SALVADOR

Pub. L. 101-513, title V, Sec. 531, Nov. 5, 1990, 104 Stat. 2009,

as amended by Pub. L. 103-236, title I, Sec. 139(22), Apr. 30,

1994, 108 Stat. 399, provided that:

"(a) Statement of Policy. - United States military assistance to

the Government of El Salvador shall seek three principal foreign

policy objectives, as follows: (1) to promote a permanent

settlement and cease-fire to the conflict in El Salvador, with the

Secretary General of the United Nations serving as an active

mediator between the opposing parties; (2) to foster greater

respect for basic human rights, and the rule of law; and (3) to

advance political accommodation and national reconciliation.

"(b) Maximum Level of Military Assistance. - Of the funds

available for United States military assistance for fiscal year

1991, not more than $85,000,000 shall be made available for El

Salvador.

"(c) Prohibition of Military Assistance. - (1) Prohibition. -

Subject to paragraph (2), no United States military assistance may

be furnished to the Government of El Salvador if the President

determines and reports in writing to the Congress that -

"(A) after he has consulted with the Secretary General of the

United Nations, the Government of El Salvador has declined to

participate in good faith in negotiations for a permanent

settlement and cease-fire to the armed conflict of El Salvador;

"(B) the Government of El Salvador has rejected or otherwise

failed to support an active role for the Secretary General of the

United Nations in mediating that settlement;

"(C) the Government of El Salvador has rejected a plan for the

settlement of the conflict which -

"(i) has been put forward by the Secretary General of the

United Nations in accordance with the terms and procedures in

the April 4, 1990 Geneva Communique and the May 21, 1990

Caracas Accord between the Government of El Salvador and the

FMLN;

"(ii) includes a proposal for an internationally monitored

cease-fire; and

"(iii) has been accepted, within 15 days from its

announcement, by the FMLN and is being complied with by the

FMLN;

"(D) the Government of El Salvador has failed to conduct a

thorough and professional investigation into, and prosecution of

those responsible for the eight murders at the University of

Central America on November 16, 1989; or

"(E) the military and security forces of El Salvador are

assassinating or abducting civilian noncombatants, are engaging

in other acts of violence directed at civilian targets, or are

failing to control such activities by elements subject to the

control of those forces; or

"(F) the Government of El Salvador has failed to actively seek

and encourage a law enforcement service from outside El Salvador,

such as Scotland Yard or INTERPOL, to accompany and monitor

investigators of the Government of El Salvador in their

investigation into the eight murders at the University of Central

America on November 16, 1989.

"(2) Requirement for resumption of assistance. - Assistance

prohibited under paragraph (1) may only be resumed pursuant to a

law subsequently enacted by the Congress.

"(d) Withholding of Military Assistance. - (1) In General. -

Fifty per centum of the total United States military assistance

allocated for El Salvador for fiscal year 1991 shall be withheld

from obligation or expenditure (as the case may be) except as

provided in paragraphs (2) and (3).

"(2) Release of Assistance. - The United States military

assistance withheld pursuant to paragraph (1) may be obligated and

expended only if the President determines and reports in writing to

the Congress that -

"(A) after he has consulted with the Secretary General of the

United Nations, the representatives of the FMLN -

"(i) have declined to participate in good faith in

negotiations for a permanent settlement and cease-fire to the

armed conflict in El Salvador, or

"(ii) have rejected or otherwise failed to support an active

role for the Secretary General of the United Nations in

mediating that settlement;

"(B) the FMLN has rejected a plan for the settlement of the

conflict which -

"(i) has been put forward by the Secretary General of the

United Nations in accordance with the terms and procedures in

the April 4, 1990 Geneva Communique and the May 21, 1990

Caracas Accord between the Government of El Salvador and the

FMLN;

"(ii) includes a proposal for an internationally monitored

cease-fire; and

"(iii) has been accepted, within 15 days from its

announcement, by the Government of El Salvador and is being

complied with by the Government of El Salvador;

"(C) the survival of the constitutional Government of El

Salvador is being jeopardized by substantial and sustained

offensive military actions or operations by the FMLN;

"(D) proof exists that the FMLN is continuing to acquire or

receive significant shipments of lethal military assistance from

outside El Salvador, and this proof has been shared with the

Congress; or

"(E) the FMLN is assassinating or abducting civilian

noncombatants, is engaging in other acts of violence directed at

civilian targets, or is failing to control such activities by

elements subject to FMLN control.

"(3) Exception. - Notwithstanding any other provision of law,

funds withheld pursuant to paragraph (1) of this subsection may be

disbursed to pay the cost of any contract penalties which may be

incurred as a result of such withholding of funds under this

subsection.

"(e) Condition for Termination of All United States Assistance. -

(1) Prohibition. - Subject to paragraph (2), no United States

assistance may be furnished to El Salvador if the duly-elected head

of Government of El Salvador is deposed by military coup or decree.

"(2) Requirement for Resumption of Assistance. - Assistance

prohibited under paragraph (1) may only be resumed pursuant to a

law subsequently enacted by the Congress.

"(f) Establishment of a Fund for Cease-Fire Monitoring,

Demobilization, and Transition to Peace. - (1) Establishment of

Fund. - There is hereby established in the Treasury of the United

States a fund to assist with the costs of monitoring a permanent

settlement of the conflict, including a cease-fire, and the

demobilization of combatants in the conflict in El Salvador, and

their transition to peaceful pursuits, which shall be known as the

'Demobilization and Transition Fund' (hereafter in this section

referred to as the 'Fund'). Amounts in this Fund shall be available

for obligation and expenditure only upon notification by the

President to the Congress that the Government of El Salvador and

representatives of the FMLN have reached a permanent settlement of

the conflict, including a final agreement on a cease-fire.

"(2) Transfer of Certain Military Assistance Funds. - Upon

notification of the Congress of a permanent settlement of the

conflict, including an agreement on a cease-fire, or on September

30, 1991, if no such notification has occurred prior to that date,

the President shall transfer to the Fund any United States military

assistance funds withheld pursuant to subsection (d) of this

section.

"(3) Use of the Fund. - Notwithstanding any other provision of

law, amounts in the Fund shall be available for El Salvador solely

to support costs of demobilization, retraining, relocation, and

reemployment in civilian pursuits of former combatants in the

conflict in El Salvador, and of the monitoring of the permanent

settlement and cease-fire.

"(4) Duration of Availability of Funds. - Notwithstanding any

other provision of law, amounts transferred to the Fund shall

remain available until expended.

"(g) Strengthening Civilian Control Over the Military. - In order

to strengthen the control of the democratically-elected civilian

Government of El Salvador over the armed forces of that country,

United States military assistance for any fiscal year may be

delivered to the armed forces of El Salvador only with the prior

approval of the duly elected President of El Salvador.

"(h) Support for Democracy. - (1) Establishing a Program. - The

Secretary of State, through agreement with the National Endowment

for Democracy or other qualified organizations, shall establish and

carry out a program of education, training, and dialogue for the

purpose of strengthening democratic political and legal

institutions in El Salvador.

"(2) Election Monitoring. - Of the amounts made available to

carry out this subsection, up to $2,000,000 may be used for support

for monitoring the 1991 municipal and National Assembly elections

in El Salvador, and for monitoring the registration and campaign

processes leading up to those elections, by appropriate

organizations such as the United Nations, the Organization of

American States, the Carter Center, the National Democratic

Institute for International Affairs, the National Republican

Institute for International Affairs, and the Center for Electoral

Assistance and Promotion (CAPEL) of San Jose, Costa Rica.

"(3) Assistance. - Up to $10,000,000 of funds appropriated under

the heading 'Economic Support Fund' for fiscal year 1991 may be

used to carry out this subsection.

"(i) [Repealed. Pub. L. 103-236, title I, Sec. 139(22), Apr. 30,

1994, 108 Stat. 399.]

"(j) Definitions. - For purposes of this section -

"(1) the term 'United States assistance' has the same meaning

as is given to such term by section 481(i)(4) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2291(i)(4)) and includes United

States military assistance as defined in paragraph (2); and

"(2) the term 'United States military assistance' means -

"(A) assistance to carry out chapter 2 (relating to grant

military assistance) or chapter 5 (relating to international

military education and training) of part II of the Foreign

Assistance Act of 1961 [22 U.S.C. 2311 et seq., 2347 et seq.];

and

"(B) assistance to carry out section 23 of the Arms Export

Control Act [22 U.S.C. 2763]."

[For Presidential determination required by section 531(d) of

Pub. L. 101-513, set out above, and for delegation of functions of

President under section 531(i) of Pub. L. 101-513, see

Determination of President, No. 91-15, Jan. 15, 1991, 56 F.R.

4713.]

Section 728 of Pub. L. 97-113, as amended by Pub. L. 97-233, Aug.

10, 1982, 96 Stat. 260; Pub. L. 98-53, July 15, 1983, 97 Stat. 287,

set forth findings of Congress concerning recent civil strife in El

Salvador and need for substantial assistance to El Salvador and for

fiscal years 1982 and 1983, restricted funds that could be

obligated for assistance for El Salvador under chapter 2 or 5 of

part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et

seq., 2347 et seq.), letters of offer that could be issued and

credits and guarantees that could be extended for El Salvador under

the Arms Export Control Act (22 U.S.C. 2751 et seq.), and members

of the Armed Forces that could be assigned or detailed to El

Salvador to carry out functions under the Foreign Assistance Act of

1961 (this chapter) or the Arms Export Control Act, only if not

later than thirty days after Dec. 29, 1981, and every one hundred

and eighty days thereafter, the President makes a specific

certification.

CARIBBEAN DEVELOPMENT BANK; ASSUMPTION OF MEMBER LOANS

Section 315 of Pub. L. 96-533 provided: "Notwithstanding section

620(r) of the Foreign Assistance Act of 1961 [subsec. (r) of this

section], the President may, after consultation with the Committee

on Foreign Relations of the Senate and the Committee on Foreign

Affairs [now Committee on International Relations] of the House of

Representatives, make arrangements at his discretion for the

assumption by the recipient members of the Caribbean Development

Bank of any loans made to the Bank under the authority of that Act

[this chapter]."

SOVIET MILITARY PERSONNEL AND ACTIVITIES IN CUBA; REPORTS TO

CONGRESS

Section 714 of Pub. L. 96-533, required reports respecting Soviet

military activity in Cuba, prior to repeal by Pub. L. 97-113, title

VII, Sec. 734(a)(2), Dec. 29, 1981, 95 Stat. 1560.

CUBAN PRESENCE IN AFRICA

Pub. L. 95-426, title VI, Sec. 613, Oct. 7, 1978, 92 Stat. 990,

as amended by Pub. L. 97-241, title V, Sec. 505(a)(2), (b)(1), Aug.

24, 1982, 96 Stat. 299, provided that: "The Congress finds that -

"(1) the President authorized the exchange of notes of May 30,

1977, between the Governments of the United States and Cuba which

established an Interests Section for the United States in the

Embassy of Switzerland in Havana and an Interests Section for

Cuba in the Embassy of Czechoslovakia in Washington;

"(2) the President has the authority under the Export

Administration Act of 1969 [section 2401 et seq. of the Appendix

to Title 50, War and National Defense] to limit trade with Cuba

being conducted by subsidiaries of American firms operating in

third countries;

"(3) the President has the power to sever all diplomatic and

economic relations with Cuba; and

"(4) there has been a sharp increase in the number of Cuban

military personnel serving in Africa in the past year."

RESUMPTION OF MILITARY ASSISTANCE TO TURKEY; DETERMINATION AND

CERTIFICATION TO CONGRESS BY PRESIDENT OF MILITARY COOPERATION AS

IN BEST INTERESTS OF UNITED STATES AND NATO

Pub. L. 95-384, Sec. 13(a), Sept. 26, 1978, 92 Stat. 737,

provided that: "Section 620(x) of the Foreign Assistance Act of

1961 [subsec. (x) of this section] shall be of no further force and

effect upon the President's determination and certification to the

Congress that the resumption of full military cooperation with

Turkey is in the national interest of the United States and in the

interest of the North Atlantic Treaty Organization and that the

Government of Turkey is acting in good faith to achieve a just and

peaceful settlement of the Cyprus problem, the early peaceable

return of refugees to their homes and properties, and continued

removal of Turkish military troops from Cyprus in the context of a

solution to the Cyprus problem, and the early serious resumption of

inter-communal talks aimed at a just, negotiated settlement."

DETERMINATION AND CERTIFICATION REGARDING RESUMPTION OF FULL

MILITARY COOPERATION WITH TURKEY

Memorandum of the President of the United States, dated Sept. 26,

1978, provided:

Pursuant to the authority vested in me by Section 13(a) of the

International Security Assistance Act of 1978, I hereby determine

and certify:

(1) that the resumption of full military cooperation with Turkey

is in the national interest of the United States and in the

interest of the North Atlantic Treaty Organization; and

(2) that the Government of Turkey is acting in good faith to

achieve a just and peaceful settlement of the Cyprus problem, the

early peaceable return of refugees to their homes and properties,

and continued removal of Turkish military troops from Cyprus in the

context of a solution to the Cyprus problem, and the early serious

resumption of inter-communal talks aimed at a just, negotiated

settlement.

You are requested on my behalf to report this determination and

certification to the Congress.

This determination and certification shall be published in the

Federal Register.

Jimmy Carter.

RESTRICTIONS ON ASSISTANCE DURING FISCAL YEAR 1978 INVOLVING

MILITARY OR PARAMILITARY OPERATIONS IN ZAIRE

Section 25 of Pub. L. 95-92 required a Presidential determination

that furnishing aid to Zaire during fiscal year 1978 was in the

national interest and submission to the Congress of a Presidential

certification for such aid, prior to repeal by Pub. L. 97-113,

title VII, Sec. 734(a)(13), Dec. 29, 1981, 95 Stat. 1560.

RESTRICTIONS ON ASSISTANCE TO INDIA

Section 27 of Pub. L. 93-559 provided that the total amount of

assistance provided under this chapter and of credit sales made or

guaranteed under the Foreign Military Sales Act, section 2751 et

seq. of this title, for India was not to exceed $50,000,000 in

fiscal year 1975, prior to repeal by Pub. L. 97-113, title VII,

Sec. 734(a)(8), Dec. 29, 1981, 95 Stat. 1560.

RESTRICTIONS ON MILITARY ASSISTANCE AND EXCESS DEFENSE ARTICLES TO

KOREA

Section 26 of Pub. L. 93-559 provided that the aggregated amount

of funds obligated or reserved for military assistance, including

supply operations, under part II of subchapter II of this chapter,

the acquisition cost of excess defense articles, if any, ordered

under subchapter II of this chapter and not charged against

appropriations for military assistance, credits including

participations in credits, extended pursuant to section 2763 of

this title, and the principal amount of loans guaranteed pursuant

to section 2764(a) of this title, with respect to South Korea was

not to exceed $145,000,000 for fiscal year 1975 until the President

submitted a report to the Congress after Dec. 30, 1974, stating

that the government of South Korea was making substantial progress

in the observance of internationally recognized standards of human

rights, after which the aggregate amount described above, with

respect to South Korea, was not to exceed $165,000,000 for fiscal

year 1975, with provisions of sections 2318 and 2364 of this title,

or of any other law, not to be used to exceed these limitations,

prior to repeal by Pub. L. 97-113, title VII, Sec. 734(a)(8), Dec.

29, 1981, 95 Stat. 1560.