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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SOURCE-

(Pub. L. 87-195, pt. I, Sec. 307, as added Pub. L. 99-83, title IV,

Sec. 403, Aug. 8, 1985, 99 Stat. 219; amended Pub. L. 103-236,

title IV, Sec. 431(a), Apr. 30, 1994, 108 Stat. 459; Pub. L.

105-277, div. A, Sec. 101(d) [title V, Sec. 516], div. G, subdiv.

B, title XXVIII, Sec. 2809(a), Oct. 21, 1998, 112 Stat. 2681-150,

2681-174, 2681-849; Pub. L. 107-228, div. B, title XIII, Sec. 1342,

Sept. 30, 2002, 116 Stat. 1451.)

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Foreign Relations Authorization Act, Fiscal Year

2003, referred to in subsec. (d)(1), is section 3 of Pub. L.

107-228, which is set out as a note under section 2651 of this

title.

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-228 added subsec. (d).

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

516], inserted before period at end ", or at the discretion of the

President, Communist countries listed in section 2370(f) of this

title".

Subsec. (c). Pub. L. 105-277, Sec. 2809(a), designated existing

provisions as par. (1), substituted "Subject to paragraph (2), the

limitations" for "The limitations", and added par. (2).

1994 - Subsec. (a). Pub. L. 103-236, Sec. 431(a)(1), substituted

"Burma, Iraq, North Korea, Syria" for "the South-West Africa

People's Organization".

Subsec. (c). Pub. L. 103-236, Sec. 431(a)(2), 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.

-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 2027, 6039 of this title.

-End-

-CITE-

22 USC Part IV - Supporting Assistance 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IV - Supporting Assistance

-HEAD-

PART IV - SUPPORTING ASSISTANCE

-MISC1-

REFERENCES TO PART IV OF SUBCHAPTER I DEEMED REFERENCES TO PART IV

OF SUBCHAPTER II

References to part IV of subchapter I of this chapter, 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.

-End-

-CITE-

22 USC Secs. 2241 to 2243 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IV - Supporting Assistance

-HEAD-

Secs. 2241 to 2243. Repealed. Pub. L. 92-226, pt. II, Sec. 202(b),

Feb. 7, 1972, 86 Stat. 27

-MISC1-

Section 2241, Pub. L. 87-195, pt. I, Sec. 401, Sept. 4, 1961, 75

Stat. 434; Pub. L. 89-583, pt. I, Sec. 108(a), Sept. 19, 1966, 80

Stat. 801; Pub. L. 90-137, pt. I, Sec. 111(a), Nov. 14, 1967, 81

Stat. 454, provided for general authority and limitation on

countries to receive assistance.

Section 2242, Pub. L. 87-195, pt. I, Sec. 402, Sept. 4, 1961, 75

Stat. 434; Pub. L. 87-565, pt. I, Sec. 108, Aug. 1, 1962, 76 Stat.

259; Pub. L. 88-205, pt. I, Sec. 109, Dec. 16, 1963, 77 Stat. 383;

Pub. L. 88-633, pt. I, Sec. 107, Oct. 7, 1964, 78 Stat. 1010; Pub.

L. 89-171, pt. I, Sec. 107, Sept. 6, 1965, 79 Stat. 656; Pub. L.

89-371, Sec. 1, Mar. 18, 1966, 80 Stat. 74; Pub. L. 89-583, pt. I,

Sec. 108(b), Sept. 19, 1966, 80 Stat. 801; Pub. L. 90-137, pt. I,

Sec. 111(b), Nov. 14, 1967, 81 Stat. 454; Pub. L. 90-554, pt. I,

Sec. 109, Oct. 8, 1968, 82 Stat. 962; Pub. L. 91-175, pt. I, Sec.

109, Dec. 30, 1969, 83 Stat. 819; Pub. L. 91-652, Sec. 5, Jan. 5,

1971; 84 Stat. 1942, provided for authorization of appropriations,

executive approval of budgeting of proceeds by Vietnam for economic

assistance projects or programs, and executive approval of

accommodation rate of exchange between United States and Vietnam.

Section 2243, Pub. L. 87-195, pt. I, Sec. 403, as added Pub. L.

90-137, pt. I, Sec. 111(c), Nov. 14, 1967, 81 Stat. 454, provided

for United States refund claims.

For subject matters of sections 2241 to 2243 of this title, see

sections 2346, 2346a, and 2346b of this title, respectively.

-End-

-CITE-

22 USC Part V - Contingencies 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part V - Contingencies

-HEAD-

PART V - CONTINGENCIES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 2394-1 of this title.

-End-

-CITE-

22 USC Sec. 2261 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part V - Contingencies

-HEAD-

Sec. 2261. Authorization of appropriations

-STATUTE-

(a) Emergency assistance; reports to Speaker of House and

committees of Senate

(1) Notwithstanding any other provision of law, the President is

authorized to use funds made available to carry out any provision

of this chapter (other than the provisions of part I of this

subchapter) in order to provide, for any unanticipated

contingencies, assistance authorized by subchapter I of this

chapter in accordance with the provisions applicable to the

furnishing of such assistance, except that the authority of this

subsection may not be used to authorize the use of more than

$25,000,000 during any fiscal year.

(2) The President shall report promptly to the Speaker of the

House of Representatives and to the Committee on Foreign Relations

and the Committee on Appropriations of the Senate each time he

exercises the authority contained in this subsection.

(b) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560

(c) Prohibition against payment of gifts to foreign officials

No part of this fund shall be used to pay for any gifts to any

officials of any foreign government made heretofore or hereafter.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 451, Sept. 4, 1961, 75 Stat. 434; Pub.

L. 87-565, pt. I, Sec. 109, Aug. 1, 1962, 76 Stat. 259; Pub. L.

88-205, pt. I, Sec. 110, Dec. 16, 1963, 77 Stat. 384; Pub. L.

88-633, pt. I, Sec. 108, Oct. 7, 1964, 78 Stat. 1010; Pub. L.

89-171, pt. I, Sec. 108, Sept. 6, 1965, 79 Stat. 656; Pub. L.

89-371, Sec. 2, Mar. 18, 1966, 80 Stat. 74; Pub. L. 89-583, pt. I,

Sec. 109, Sept. 19, 1966, 80 Stat. 801; Pub. L. 90-137, pt. I, Sec.

112, Nov. 14, 1967, 81 Stat. 455; Pub. L. 90-554, pt. I, Sec. 110,

Oct. 8, 1968, 82 Stat. 962; Pub. L. 91-175, pt. I, Sec. 110, Dec.

30, 1969, 83 Stat. 819; Pub. L. 91-652, Sec. 6(a), Jan. 5, 1971, 84

Stat. 1942; Pub. L. 92-226, pt. I, Sec. 108, Feb. 7, 1972, 86 Stat.

24; Pub. L. 93-189, Sec. 10, Dec. 17, 1973, 87 Stat. 719; Pub. L.

93-559, Sec. 28(c), Dec. 30, 1974, 88 Stat. 1803; Pub. L. 94-329,

title V, Sec. 503(2), June 30, 1976, 90 Stat. 763; Pub. L. 95-92,

Sec. 2, Aug. 4, 1977, 91 Stat. 614; Pub. L. 95-384, Sec. 2, Sept.

26, 1978, 92 Stat. 730; Pub. L. 96-92, Sec. 2(b), Oct. 29, 1979, 93

Stat. 701; Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560; Pub. L. 101-513, title V, Sec. 588, Nov. 5,

1990, 104 Stat. 2056.)

-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.

-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 this subchapter are deemed to include a

reference to section 2293 of this title. See section 2293(d)(1) of

this title.

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-513 struck out "not to exceed

$10,000,000 of" after "authorized to use" and "in any fiscal year"

after "funds made available", substituted "unanticipated

contingencies" for "emergency purposes", and directed the amendment

of subsec. (a) by inserting before the period ", except that the

authority of this subsection may not be used to authorize the use

of more than $25,000,000 during any fiscal year", which was

executed by making the insertion before the period in par. (1) to

reflect the probable intent of Congress.

1981 - Subsec. (b). Pub. L. 97-113 struck out subsec. (b) which

required quarterly Presidential reports to Committees of Senate and

Speaker of House on the programming and obligation of funds under

this section.

1979 - Subsec. (a)(1). Pub. L. 96-92 designated existing

provisions as par. (1), substituted authorization of $10,000,000

when made available in any fiscal year for emergency purposes for

appropriation authorization of $5,000,000 for emergency purposes in

fiscal year 1979, and deleted provision making appropriated amounts

available until expended.

Subsec. (a)(2). Pub. L. 96-92 added par. (2).

1978 - Subsec. (a). Pub. L. 95-384 substituted "fiscal year 1979

not to exceed $5,000,000" for "fiscal year 1978 not to exceed

$5,000,000".

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

authorizing appropriations of not to exceed $5,000,000 for fiscal

year 1978, for provisions authorizing appropriations of not to

exceed $5,000,000 for fiscal years 1976 and 1977.

1976 - Subsec. (a). Pub. L. 94-329 substituted "fiscal year 1976

not to exceed $5,000,000 and for the fiscal year 1977 not to exceed

$5,000,000" for "fiscal year 1975 not to exceed $5,000,000," and

"authorized by subchapter I of this chapter for any emergency" for

"authorized by this subchapter or by section 2399 of this title for

any emergency" and inserted provision authorizing that funds

appropriated remain available until expended.

1974 - Subsec. (a). Pub. L. 93-559 substituted appropriations

authorization of $5,000,000 for fiscal year 1975 for prior

authorization of $30,000,000 for fiscal years 1974, and 1975, and

authorized assistance under section 2399 of this title and for any

emergency purpose.

Subsec. (b). Pub. L. 93-559 substantially reenacted subsec. (b)

provisions, substituting "submit" for "provide".

Subsec. (c). Pub. L. 93-559 added subsec. (c).

1973 - Subsec. (a). Pub. L. 93-189 substituted provisions

authorizing the appropriation of not to exceed $30,000,000 for each

of the fiscal years 1974 and 1975, for provisions authorizing the

appropriation of not to exceed $30,000,000 for each of the fiscal

years 1972 and 1973, substituted "to provide assistance authorized

by this subchapter primarily for disaster relief purposes, in

accordance with the provisions applicable to the furnishing of such

assistance", for "for use by the President for assistance

authorized by this subchapter in accordance with the provisions

applicable to the furnishing of such assistance, when he determines

such use to be important to the national interest", and struck out

a proviso for the use of $15,000,000, in addition to any other

available funds, out of the funds appropriated for fiscal year 1971

for the flood victims of the East Pakistan flood.

1972 - Subsec. (a). Pub. L. 92-226 authorized appropriations not

to exceed $30,000,000 for fiscal years 1972 and 1973, and struck

out provision for authorization of not to exceed $15,000,000 for

fiscal year 1970, and not to exceed $30,000,000 for fiscal year

1971.

1971 - Subsec. (a). Pub. L. 91-652 substituted "1971 not to

exceed $30,000,000" for "1971 not to exceed $15,000,000", and

inserted proviso which required $15,000,000 of the amount

authorized for the fiscal year 1971 to be used for the relief of

cyclone, etc., victims in East Pakistan.

1969 - Subsec. (a). Pub. L. 91-175 substituted " fiscal year 1970

not to exceed $15,000,000, and for the fiscal year 1971 not to

exceed $15,000,000" for "fiscal year 1968 not to exceed

$50,000,000, and for the fiscal year 1969 not to exceed

$10,000,000".

1968 - Subsec. (a). Pub. L. 90-554 authorized an appropriation of

$10,000,000 for fiscal year 1969.

1967 - Subsec. (a). Pub. L. 90-137 substituted "1968" and

"$50,000,000" for "1967" and "$110,000,000", respectively.

1966 - Subsec. (a). Pub. L. 89-583, Sec. 109(a), substituted

"1967" and "$110,000,000" for "1966" and "$150,000,000",

respectively, and struck out second and third sentences which

authorized withholding of assistance, from fiscal year 1966 funds,

to any country permitting transportation of equipment, materials,

or commodities to or from North Vietnam unless contrary to national

interest of United States and authorized the appropriation of such

sums, not to exceed $89,000,000, as may be necessary in the fiscal

year 1966 for programs authorized by subchapters I and II of this

chapter, to the President for use in Southeast Asia.

Pub. L. 89-371 substituted "$150,000,000" for "$50,000,000" and

authorized withholding of assistance, from fiscal 1966 funds, to

any country permitting transportation of equipment, materials, or

commodities to or from North Vietnam unless contrary to national

interest of United States.

Subsec. (b). Pub. L. 89-583, Sec. 109(b), struck out "the first

sentence of" before "subsection (a)".

1965 - Subsec. (a). Pub. L. 89-171, Sec. 108(a), substituted

"1966" and "$50,000,000" for "1965" and "$150,000,000",

respectively, and authorized the appropriation of such sums, not to

exceed $89,000,000, as may be necessary in the fiscal year 1966 for

programs authorized by subchapters I and II of this chapter, to the

President for use in Southeast Asia.

Subsec. (b). Pub. L. 89-171, Sec. 108(b), substituted "the first

sentence of subsection (a) of this section" for "this section".

1964 - Subsec. (a). Pub. L. 88-633 substituted "1965" and

"$150,000,000" for "1964" and "$160,000,000", respectively.

1963 - Subsec. (a). Pub. L. 88-205 substituted "1964" and

"$160,000,000" for "1963" and "$300,000,000", respectively.

1962 - Subsec. (a). Pub. L. 87-565, Sec. 109(a), substituted

"1963" for "1962".

Subsec. (b). Pub. L. 87-565, Sec. 109(b), substituted "provide

quarterly reports to" for "keep", and "on the programing and the

obligation" for "currently informed of the use".

-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-

APPROPRIATION FOR DISASTER RELIEF OF UNALLOCATED EXCESS FOREIGN

CURRENCIES HELD IN PAKISTAN

Section 6(b) of Pub. L. 91-652 authorized the appropriation of

excess foreign currencies held in Pakistan not allocated on Jan. 5,

1971, for a period of one year from such date to help Pakistan

withstand the disaster which had occurred.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287e-2, 2360, 2413 of

this title.

-End-

-CITE-

22 USC Sec. 2262 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part V - Contingencies

-HEAD-

Sec. 2262. Transferred

-COD-

CODIFICATION

Section, Pub. L. 87-195, pt. I, Sec. 494, formerly Sec. 452, as

added Pub. L. 93-333, Sec. 2(2), July 8, 1974, 88 Stat. 290;

renumbered Pub. L. 94-161, title I, Sec. 101(4), Dec. 20, 1975, 89

Stat. 850, authorizing appropriations for disaster relief in

Pakistan and Nicaragua, was transferred to section 2292c of this

title.

-End-

-CITE-

22 USC Part VI - Central America Democracy, Peace, and

Development Initiative 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VI - Central America Democracy, Peace, and Development

Initiative

-HEAD-

PART VI - CENTRAL AMERICA DEMOCRACY, PEACE, AND DEVELOPMENT

INITIATIVE

-End-

-CITE-

22 USC Sec. 2271 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VI - Central America Democracy, Peace, and Development

Initiative

-HEAD-

Sec. 2271. Statement of policy

-STATUTE-

(a) Congressional findings

The Congress finds that -

(1) the building of democracy, the restoration of peace, the

improvement of living conditions, and the application of equal

justice under law in Central America are important to the

interests of the United States and the community of American

States; and

(2) the interrelated issues of social and human progress,

economic growth, political reform, and regional security must be

effectively dealt with to assure a democratic and economically

and politically secure Central America.

(b) Policy requirements

(1) The achievement of democracy, respect for human rights,

peace, and equitable economic growth depends primarily on the

cooperation and the human and economic resources of the people and

governments of Central America. The Congress recognizes that the

United States can make a significant contribution to such peaceful

and democratic development through a consistent and coherent policy

which includes a long-term commitment of assistance. This policy

should be designed to support actively -

(A) democracy and political reform, including opening the

political process to all members of society;

(B) full observance of internationally recognized human rights,

including free elections, freedom of the press, freedom of

association, and the elimination of all human rights abuses;

(C) leadership development, including training and educational

programs to improve public administration and the administration

of justice;

(D) land reform, reform in tax systems, encouragement of

private enterprise and individual initiative, creation of

favorable investment climates, curbing corruption where it

exists, and spurring balanced trade;

(E) the establishment of the rule of law and an effective

judicial system; and

(F) the termination of extremist violence by both the left and

the right as well as vigorous action to prosecute those guilty of

crimes and the prosecution to the extent possible of past

offenders.

(2) The policy described in paragraph (1) should also promote

equitable economic growth and development, including controlling

the flight of capital and the effective use of foreign assistance

and adhering to approved programs for economic stabilization and

fiscal responsibility. Finally, this policy should foster dialog

and negotiations -

(A) to achieve peace based upon the objectives of

democratization, reduction of armament, an end to subversion, and

the withdrawal of foreign military forces and advisers; and

(B) to provide a security shield against violence and

intimidation.

(3) It is the purpose of this part to establish the statutory

framework and to authorize the appropriations and financing

necessary to carry out the policy described in this section.

(c) Additional Congressional findings

The Congress finds, therefore, that the people of the United

States are willing to sustain and expand a program of economic and

military assistance in Central America if the recipient countries

can demonstrate progress toward and a commitment to these goals.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 461, as added Pub. L. 99-83, title

VII, Sec. 701, Aug. 8, 1985, 99 Stat. 234.)

-COD-

CODIFICATION

Another section 461 of Pub. L. 87-195 is classified to section

2281 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 2271, Pub. L. 87-195, pt. I, Sec. 461, Sept. 4,

1961, 75 Stat. 434; Pub. L. 87-565, pt. I, Sec. 110, Aug. 1, 1962,

76 Stat. 259; Pub. L. 90-137, pt. I, Sec. 113, Nov. 14, 1967, 81

Stat. 455, related to emphasis on programs in agrarian countries

which reach people who are engaged in agrarian pursuits, prior to

repeal by Pub. L. 95-424, title VI, Sec. 604, Oct. 6, 1978, 92

Stat. 961, eff. Oct. 1, 1978.

EFFECTIVE DATE

Part 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2272 of this title.

-End-

-CITE-

22 USC Sec. 2272 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VI - Central America Democracy, Peace, and Development

Initiative

-HEAD-

Sec. 2272. Conditions on furnishing assistance

-STATUTE-

The President shall ensure that assistance authorized by this

chapter and the Arms Export Control Act [22 U.S.C. 2751 et seq.] to

Central American countries is furnished in a manner which fosters

demonstrated progress toward and commitment to the objectives set

forth in section 2271 of this title. Where necessary to achieve

this purpose, the President shall impose conditions on the

furnishing of such assistance. In carrying out this section, the

President shall consult with the Congress in regard to progress

toward the objectives set forth in section 2271 of this title, and

any conditions imposed on the furnishing of assistance in

furtherance of those objectives.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 462, as added Pub. L. 99-83, title

VII, Sec. 701, Aug. 8, 1985, 99 Stat. 235.)

-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 Arms Export Control Act, referred to in text, 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

Another section 462 of Pub. L. 87-195 is classified to section

2282 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. 2273 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VI - Central America Democracy, Peace, and Development

Initiative

-HEAD-

Sec. 2273. Peace process in Central America

-STATUTE-

The Congress -

(1) strongly supports the initiatives taken by the Contadora

group and the resulting Document of Objectives which has been

agreed to by Costa Rica, El Salvador, Guatemala, Honduras, and

Nicaragua and which sets forth a framework for negotiating a

peaceful settlement to the conflict and turmoil in the region;

and

(2) finds that the United States should provide such assistance

and support as may be appropriate in helping to reach

comprehensive and verifiable final agreements, based on the

Document of Objectives, which will ensure peaceful and enduring

solutions to the Central American conflicts.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 463, as added Pub. L. 99-83, title

VII, Sec. 701, Aug. 8, 1985, 99 Stat. 235.)

-COD-

CODIFICATION

Another section 463 of Pub. L. 87-195 is classified to section

2283 of this title.

-End-

-CITE-

22 USC Sec. 2274 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VI - Central America Democracy, Peace, and Development

Initiative

-HEAD-

Sec. 2274. Economic assistance coordination

-STATUTE-

(a) Congressional findings

The Congress finds that participation by Central American

countries in an effective forum for dialog on, and the continuous

review and advancement of, Central America's political, economic,

and social development would foster cooperation between the United

States and Central American countries.

(b) Sense of Congress; Central American Development Organization;

establishment, etc.

It is the sense of the Congress that -

(1) the President should enter into negotiations with the

countries of Central America to establish a Central American

Development Organization (hereafter in this section referred to

as the "Organization") to help provide a continuous and coherent

approach to the development of the Central American region; and

(2) the establishment of the Organization should be based upon

the following principles:

(A) Participation in the Organization should be open to the

United States, other donors, and those Central American

countries that commit themselves to, among other things,

respecting internationally recognized human rights, building

democracy, and encouraging equitable economic growth through

policy reforms.

(B) The Organization should be structured to include

representatives from both the public and private sectors,

including representatives from the labor, agriculture, and

business communities.

(C) The Organization should meet periodically to carry out

the functions described in subparagraphs (D) and (E) of this

paragraph and should be supported by a limited professional

secretariat.

(D) The Organization should make recommendations affecting

Central American countries on such matters as -

(i) political, economic, and social development objectives,

including the strengthening of democratic pluralism and the

safeguarding of internationally recognized human rights;

(ii) mobilization of resources and external assistance

needs; and

(iii) reform of economic policies and structures.

(E) The Organization should have the capacity for monitoring

country performance on recommendations issued in accordance

with subparagraph (D) of this paragraph and for evaluating

progress toward meeting such country objectives.

(F) To the maximum extent practicable, the United States

should follow the recommendations of the Organization in

disbursing bilateral economic assistance for any Central

American country. No more than 75 percent of such United States

assistance in any fiscal year should be disbursed until the

recommendations of the Organization for that fiscal year have

been made final and communicated to the donor countries. The

limitation on disbursements contained in the preceding sentence

should apply only to recommendations made final and

communicated to donor countries prior to the fourth quarter of

such fiscal year. The United States representative to the

Organization should urge other donor countries to similarly

implement the recommendations of the Organization.

(G) The administrator of the agency primarily responsible for

administering subchapter I of this chapter, or his designee,

should represent the United States Government in the

Organization and should carry out his functions in that

capacity under the continuous supervision and general direction

of the Secretary of State.

(c) Participation of President in Organization

Subject to subsection (d)(2) of this section, the President is

authorized to participate in the Organization.

(d) Preparation and transmission of proposal for implementation of

provisions

(1) The administrator of the agency primarily responsible for

administering subchapter I of this chapter, under the supervision

and direction of the Secretary of State, shall prepare a detailed

proposal to carry out this section and shall keep the Committee on

Foreign Affairs of the House of Representatives and the Committee

on Foreign Relations of the Senate fully and currently informed

concerning the development of this proposal.

(2) The President shall transmit to the Committee on Foreign

Affairs of the House of Representatives and the Committee on

Foreign Relations of the Senate a copy of the text of any

agreement, which he proposes to sign, that would provide for the

establishment of and United States participation in the

Organization no less than sixty days prior to his signature. During

that sixty-day period there shall be full and formal consultations

with and review by those committees in accordance with procedures

applicable to reprogramming notifications pursuant to section

2394-1 of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 464, as added Pub. L. 99-83, title

VII, Sec. 701, Aug. 8, 1985, 99 Stat. 235.)

-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.

-COD-

CODIFICATION

Another section 464 of Pub. L. 87-195 is classified to section

2284 of this title.

-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.

-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. 2275 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VI - Central America Democracy, Peace, and Development

Initiative

-HEAD-

Sec. 2275. Authorization of appropriations

-STATUTE-

(a) Fiscal years 1988 and 1989

In addition to amounts otherwise available for such purposes,

there are authorized to be appropriated to the President, for the

purpose of furnishing nonmilitary assistance for Central American

countries, $1,200,000,000 for each of the fiscal years 1988 and

1989, which are authorized to remain available until expended.

(b) Transfer of funds

For the purpose of providing the assistance described in

subsection (a) of this section, funds appropriated pursuant to the

authorizations in that subsection may be transferred by the

President for obligation in accordance with the authorities of

subchapter I of this chapter (including part IV of subchapter II of

this chapter), the Peace Corps Act [22 U.S.C. 2501 et seq.], the

Migration and Refugee Assistance Act of 1962 [22 U.S.C. 2601 et

seq.], the United States Information and Education Exchange Act of

1948 [22 U.S.C. 1431 et seq.], the Mutual Educational and Cultural

Exchange Act of 1961 [22 U.S.C. 2451 et seq.], the National

Endowment for Democracy Act [22 U.S.C. 4411 et seq.], and the State

Department Basic Authorities Act of 1956.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 465, as added Pub. L. 99-83, title

VII, Sec. 701, Aug. 8, 1985, 99 Stat. 237.)

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

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

Tables.

The Migration and Refugee Assistance Act of 1962, referred to in

subsec. (b), is Pub. L. 87-510, June 28, 1962, 76 Stat. 121, as

amended, which is classified principally to chapter 36 (Sec. 2601

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 2601 of this

title and Tables.

The United States Information and Education Exchange Act of 1948,

referred to in subsec. (b), probably means the United States

Information and Educational Exchange Act of 1948, which is act Jan.

27, 1948, ch. 36, 62 Stat. 6, as amended, and is classified

generally to chapter 18 (Sec. 1431 et seq.) of this title. For

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

note set out under section 1431 of this title and Tables.

The Mutual Educational and Cultural Exchange Act of 1961,

referred to in subsec. (b), is Pub. L. 87-256, Sept. 21, 1961, 75

Stat. 527, as amended, which is classified principally to chapter

33 (Sec. 2451 et seq.) of this title. For complete classification

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

2451 of this title and Tables.

The National Endowment for Democracy Act, referred to in subsec.

(b), is title V of Pub. L. 98-164, Nov. 22, 1983, 97 Stat. 1039, as

amended, which is classified generally to subchapter II (Sec. 4411

et seq.) of chapter 54 of this title. For complete classification

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

4411 of this title and Tables.

The State Department Basic Authorities Act of 1956, referred to

in subsec. (b), is act Aug. 1, 1956, ch. 841, 70 Stat. 890, as

amended, which enacted sections 2651a, 2669 to 2672, 2673 to 2679a,

2680, 2680a, 2684, 2687 to 2690, 2692, 2695, and 2696 to 2724 of

this title and chapters 53 (Sec. 4301 et seq.), 53A (Sec. 4341 et

seq.), and 53B (Sec. 4351 et seq.) of this title. For complete

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

out under section 2651 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.

-COD-

CODIFICATION

Another section 465 of Pub. L. 87-195 is classified to section

2285 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. 2276 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VI - Central America Democracy, Peace, and Development

Initiative

-HEAD-

Sec. 2276. "Central American countries" defined

-STATUTE-

For the purposes of this part, the term "Central American

countries" includes Belize, Costa Rica, El Salvador, Guatemala,

Honduras, Nicaragua, Panama, and regional programs which benefit

such countries.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 466, as added Pub. L. 99-83, title

VII, Sec. 701, Aug. 8, 1985, 99 Stat. 237.)

-COD-

CODIFICATION

Another section 466 of Pub. L. 87-195 is classified to section

2286 of this title.

-End-

-CITE-

22 USC Part VII - Debt-for-Nature Exchanges 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VII - Debt-for-Nature Exchanges

-HEAD-

PART VII - DEBT-FOR-NATURE EXCHANGES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 7 section 1738k.

-End-

-CITE-

22 USC Sec. 2281 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VII - Debt-for-Nature Exchanges

-HEAD-

Sec. 2281. "Debt-for-nature exchange" defined

-STATUTE-

For purpose of this part, the term "debt-for-nature exchange"

means the cancellation or redemption of the foreign debt of the

government of a country in exchange for -

(1) that government's making available local currencies

(including through the issuance of bonds) which are used only for

eligible projects involving the conservation or protection of the

environment in that country (as described in section 2283 of this

title); or

(2) that government's financial resource or policy commitment

to take certain specified actions to ensure the restoration,

protection, or sustainable use of natural resources within that

country; or

(3) a combination of assets and actions under both paragraphs

(1) and (2).

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 461 [471], as added Pub. L. 101-240,

title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2521.)

-REFTEXT-

REFERENCES IN TEXT

Section 2283 of this title, referred to in par. (1), was in the

original "section 463", meaning section 463 of Pub. L. 87-195,

which has been translated as meaning section 463 of Pub. L. 87-195

relating to eligible projects rather than section 463 of Pub. L.

87-195, relating to the peace process in Central America, which is

classified to section 2273 of this title.

-COD-

CODIFICATION

Another section 461 of Pub. L. 87-195 is classified to section

2271 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 2281, Pub. L. 87-195, pt. I, Sec. 471, as added

Pub. L. 89-583, pt. I, Sec. 110, Sept. 19, 1966, 80 Stat. 802,

related to agreements with less developed countries for

establishment of Joint Commissions on Rural Development, prior to

repeal by Pub. L. 95-424, title VI, Sec. 604, Oct. 6, 1978, 92

Stat. 961, effective Oct. 1, 1978.

-End-

-CITE-

22 USC Sec. 2282 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VII - Debt-for-Nature Exchanges

-HEAD-

Sec. 2282. Assistance for commercial debt exchanges

-STATUTE-

(a) The Administrator of the Agency for International Development

is authorized to furnish assistance, in the form of grants on such

terms and conditions as may be necessary, to nongovernmental

organizations for the purchase on the open market of discounted

commercial debt of a foreign government of an eligible country

which will be canceled or redeemed under the terms of an agreement

with that government as part of a debt-for-nature exchange.

(b) Notwithstanding any other provision of law, a grantee (or any

subgrantee) of the grants referred to in subsection (a) of this

section may retain, without deposit in the Treasury of the United

States and without further appropriation by Congress, interest

earned on the proceeds of any resulting debt-for-nature exchange

pending the disbursements of such proceeds and interest for

approved program purposes, which may include the establishment of

an endowment, the income of which is used for such purposes.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 462 [472], as added Pub. L. 101-240,

title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2521.)

-COD-

CODIFICATION

Another section 462 of Pub. L. 87-195 is classified to section

2272 of this title.

-End-

-CITE-

22 USC Sec. 2283 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VII - Debt-for-Nature Exchanges

-HEAD-

Sec. 2283. Eligible projects

-STATUTE-

(a) The Administrator of the Agency for International Development

shall seek to ensure that debt-for-nature exchanges under this part

support one or more of the following activities by either the host

government, a local private conservation group, or a combination

thereof:

(1) restoration, protection, or sustainable use of the world's

oceans and atmosphere;

(2) restoration, protection, or sustainable use of diverse

animal and plant species;

(3) establishment, restoration, protection, and maintenance of

parks and reserves;

(4) development and implementation of sound systems of natural

resource management;

(5) development and support of local conservation programs;

(6) training programs to strengthen conservation institutions

and increase scientific, technical, and managerial capabilities

of individuals and organizations involved in conservation

efforts;

(7) efforts to generate knowledge, increase understanding, and

enhance public commitment to conservation;

(8) design and implementation of sound programs of land and

ecosystem management; and

(9) promotion of regenerative approaches in farming, forestry,

fishing, and watershed management.

(b)(1) In cooperation with nongovernmental organizations, the

Administrator of the Agency for International Development shall

seek to identify those areas, which because of an imminent threat,

are in particular need of immediate attention to prevent the loss

of unique biological life or valuable ecosystem.

(2) The Administrator of the Agency for International Development

shall encourage as many eligible countries as possible to propose

such exchanges with the purpose of demonstrating to a large number

of governments the feasibility and benefits of sustainable

development.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 463 [473], as added Pub. L. 101-240,

title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2522.)

-COD-

CODIFICATION

Another section 463 of Pub. L. 87-195 is classified to section

2273 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2281 of this title.

-End-

-CITE-

22 USC Sec. 2284 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VII - Debt-for-Nature Exchanges

-HEAD-

Sec. 2284. Eligible countries

-STATUTE-

In order for a foreign country to be eligible to participate in a

debt-for-nature exchange under this part, the Administrator of the

Agency for International Development shall determine that -

(1) the host country is fully committed to the long-term

viability of the program or project that is to be undertaken

through the debt-for-nature exchange;

(2) a long-term plan has been prepared by the host country, or

private conservation group, which adequately provides for the

long-term viability of the program or project that is to be

undertaken through the debt-for-nature exchange or that such a

plan will be prepared in a timely manner; and

(3) there is a government agency or a local nongovernmental

organization, or combination thereof, in the host country with

the capability, commitment, and record of environmental concern

to oversee the long-term viability of the program or project that

is to be undertaken through the debt-for-nature exchange.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 464 [474], as added Pub. L. 101-240,

title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2522.)

-COD-

CODIFICATION

Another section 464 of Pub. L. 87-195 is classified to section

2274 of this title.

-End-

-CITE-

22 USC Sec. 2285 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VII - Debt-for-Nature Exchanges

-HEAD-

Sec. 2285. Terms and conditions

-STATUTE-

(a) Fulfillment upon final approval by Administrator

The terms and conditions for making grants under this part shall

be deemed to be fulfilled upon final approval by the Administrator

of the Agency for International Development of the debt-for-nature

exchange, a certification by the nongovernmental organization that

the host government has accepted the terms of the exchange, and

that an agreement has been reached to cancel the commercial debt in

an agreed upon fashion.

(b) Grants intended to complement assistance otherwise available

Grants made under this section are intended to complement, and

not substitute for, assistance otherwise available to a foreign

country under this chapter or any other provision of law.

(c) Prohibition against acceptance of title or interest in land as

condition on debt exchange

The United States Government is prohibited from accepting title

or interest in any land in a foreign country as a condition on the

debt exchange.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 465 [475], as added Pub. L. 101-240,

title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2522.)

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

out under section 2151 of this title and Tables.

-COD-

CODIFICATION

Another section 465 of Pub. L. 87-195 is classified to section

2275 of this title.

-End-

-CITE-

22 USC Sec. 2286 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VII - Debt-for-Nature Exchanges

-HEAD-

Sec. 2286. Pilot program for sub-Saharan Africa

-STATUTE-

(a) List of areas of severely degraded national resources or of

biological or ecological importance

The Administrator of the Agency for International Development, in

cooperation with nongovernmental conservation organizations, shall

invite the government of each country in sub-Saharan Africa to

submit a list of those areas of severely degraded national

resources which threaten human survival and well-being and the

opportunity for future economic growth or those areas of biological

or ecological importance within the territory of that country.

(b) Assessment of list; agreement for future use of areas

The Administrator of the Agency for International Development

shall assess the list submitted by each country under subsection

(a) of this section and shall seek to reach agreement with the host

country for the restoration and future sustainable use of those

areas.

(c) Grants for purchase of discounted commercial debt on open

market; retention of interest by grantee

(1) The Administrator of the Agency for International Development

is authorized to make grants, on such terms and conditions as may

be necessary, to nongovernmental organizations for the purchase on

the open market of discounted commercial debt of a foreign

government of an eligible sub-Saharan country in exchange for

commitments by that government to restore natural resources

identified by the host country under subsection (a) of this section

or for commitments to develop plans for sustainable use of such

resources.

(2) Notwithstanding any other provision of law, a grantee (or any

subgrantee) of the grants referred to in section (a) (!1) may

retain, without deposit in the Treasury of the United States and

without further appropriation by Congress, interest earned on the

proceeds of any resulting debt-for-nature exchange pending the

disbursements of such proceeds and interest for approved program

purposes, which may include the establishment of an endowment, the

income of which is used for such purposes.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 466 [476], as added Pub. L. 101-240,

title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2523.)

-COD-

CODIFICATION

Another section 466 of Pub. L. 87-195 is classified to section

2276 of this title.

-FOOTNOTE-

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

-End-

-CITE-

22 USC Part VIII - International Narcotics Control 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

PART VIII - INTERNATIONAL NARCOTICS CONTROL

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2318, 2321j, 2357, 2375,

2392, 2394-1, 7102 of this title.

-End-

-CITE-

22 USC Sec. 2291 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291. Policy, general authorities, coordination, foreign

police actions, definitions, and other provisions

-STATUTE-

(a) Policy and general authorities

(1) Statements of policy

(A) International narcotics trafficking poses an unparalleled

transnational threat in today's world, and its suppression is

among the most important foreign policy objectives of the United

States.

(B) Under the Single Convention on Narcotic Drugs, 1961, and

under the United Nations Convention Against Illicit Traffic in

Narcotic Drugs and Psychotropic Substances, the parties are

required to criminalize certain drug-related activities, provide

appropriately severe penalties, and cooperate in the extradition

of accused offenders.

(C) International narcotics control programs should include, as

priority goals, the suppression of the illicit manufacture of and

trafficking in narcotic and psychotropic drugs, money laundering,

and precursor chemical diversion, and the progressive elimination

of the illicit cultivation of the crops from which narcotic and

psychotropic drugs are derived.

(D) International criminal activities, particularly

international narcotics trafficking, money laundering, and

corruption, endanger political and economic stability and

democratic development, and assistance for the prevention and

suppression of international criminal activities should be a

priority for the United States.

(E) The international community should provide assistance,

where appropriate, to those producer and transit countries which

require assistance in discharging these primary obligations.

(F) The objective of the United States in dealing with the

problem of international money laundering is to ensure that

countries adopt comprehensive domestic measures against money

laundering and cooperate with each other in narcotics money

laundering investigations, prosecutions, and related forfeiture

actions.

(G) Effective international cooperation is necessary to control

the illicit cultivation, production, and smuggling of,

trafficking in, and abuse of narcotic and psychotropic drugs.

(2) In order to promote such cooperation, the President is

authorized to conclude agreements, including reciprocal maritime

agreements, with other countries to facilitate control of the

production, processing, transportation, and distribution of

narcotics analgesics, including opium and its derivatives, other

narcotic and psychotropic drugs, and other controlled substances.

(3) In order to promote international cooperation in combatting

international trafficking in illicit narcotics, it shall be the

policy of the United States to use its voice and vote in

multilateral development banks to promote the development and

implementation in the major illicit drug producing countries of

programs for the reduction and eventual eradication of narcotic

drugs and other controlled substances, including appropriate

assistance in conjunction with effective programs of illicit crop

eradication.

(4) Notwithstanding any other provision of law, the President is

authorized to furnish assistance to any country or international

organization, on such terms and conditions as he may determine, for

the control of narcotic and psychotropic drugs and other controlled

substances, or for other anticrime purposes.

(b) Coordination of all United States antinarcotics assistance to

foreign countries

(1) Responsibility of Secretary of State

Consistent with chapter 1 of the National Narcotics Leadership

Act of 1988,(!1) the Secretary of State shall be responsible for

coordinating all assistance provided by the United States

Government to support international efforts to combat illicit

narcotics production or trafficking.

(2) Rule of construction

Nothing contained in this subsection or section 2291h(b) of

this title 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.

(c) Participation in foreign police actions

(1) Prohibition on effecting an arrest

No officer or employee of the United States may directly effect

an arrest in any foreign country as part of any foreign police

action with respect to narcotics control efforts, notwithstanding

any other provision of law.

(2) Participation in arrest actions

Paragraph (1) does not prohibit an officer or employee of the

United States, with the approval of the United States chief of

mission, from being present when foreign officers are effecting

an arrest or from assisting foreign officers who are effecting an

arrest.

(3) Exception for exigent, threatening circumstances

Paragraph (1) does not prohibit an officer or employee from

taking direct action to protect life or safety if exigent

circumstances arise which are unanticipated and which pose an

immediate threat to United States officers or employees, officers

or employees of a foreign government, or members of the public.

(4) Exception for maritime law enforcement

With the agreement of a foreign country, paragraph (1) does not

apply with respect to maritime law enforcement operations in the

territorial sea or archipelagic waters of that country.

(5) Interrogations

No officer or employee of the United States may interrogate or

be present during the interrogation of any United States person

arrested in any foreign country with respect to narcotics control

efforts without the written consent of such person.

(6) Exception for Status of Forces arrangements

This subsection does not apply to the activities of the United

States Armed Forces in carrying out their responsibilities under

applicable Status of Forces arrangements.

(d) Use of herbicides for aerial eradication

(1) Monitoring

The President, with the assistance of appropriate Federal

agencies, shall monitor any use under this part of a herbicide

for aerial eradication in order to determine the impact of such

use on the environment and on the health of individuals.

(2) Annual reports

In the annual report required by section 2291h(a) of this

title, the President shall report on the impact on the

environment and the health of individuals of the use under this

part of a herbicide for aerial eradication.

(3) Report upon determination of harm to environment or health

If the President determines that any such use is harmful to the

environment or the health of individuals, the President shall

immediately report that determination to the Committee on Foreign

Affairs of the House of Representatives and the Committee on

Foreign Relations of the Senate, together with such

recommendations as the President deems appropriate.

(e) Definitions

For purposes of this part and other provisions of this chapter

relating specifically to international narcotics matters -

(1) the term "legal and law enforcement measures" means -

(A) the enactment and implementation of laws and regulations

or the implementation of existing laws and regulations to

provide for the progressive control, reduction, and gradual

elimination of the illicit cultivation, production, processing,

transportation, and distribution of narcotic drugs and other

controlled substances; and

(B) the effective organization, staffing, equipping, funding,

and activation of those governmental authorities responsible

for narcotics control;

(2) the term "major illicit drug producing country" means a

country in which -

(A) 1,000 hectares or more of illicit opium poppy is

cultivated or harvested during a year;

(B) 1,000 hectares or more of illicit coca is cultivated or

harvested during a year; or

(C) 5,000 hectares or more of illicit cannabis is cultivated

or harvested during a year, unless the President determines

that such illicit cannabis production does not significantly

affect the United States;

(3) the term "narcotic and psychotropic drugs and other

controlled substances" has the same meaning as is given by any

applicable international narcotics control agreement or domestic

law of the country or countries concerned;

(4) the term "United States assistance" means -

(A) any assistance under this chapter (including programs

under subpart IV of part II of this subchapter, relating to the

Overseas Private Investment Corporation), other than -

(i) assistance under this part,

(ii) any other narcotics-related assistance under this

subchapter (including part IV of subchapter II of this

chapter), but any such assistance provided under this clause

shall be subject to the prior notification procedures

applicable to reprogrammings pursuant to section 2394-1 of

this title,

(iii) disaster relief assistance, including any assistance

under part IX of this subchapter,

(iv) assistance which involves the provision of food

(including monetization of food) or medicine, and

(v) assistance for refugees;

(B) sales, or financing on any terms, under the Arms Export

Control Act [22 U.S.C. 2751 et seq.];

(C) the provision of agricultural commodities, other than

food, under the Agricultural Trade Development and Assistance

Act of 1954 [7 U.S.C. 1691 et seq.]; and

(D) financing under the Export-Import Bank Act of 1945 [12

U.S.C. 635 et seq.];

(5) the term "major drug-transit country" means a country -

(A) that is a significant direct source of illicit narcotic

or psychotropic drugs or other controlled substances

significantly affecting the United States; or

(B) through which are transported such drugs or substances;

and

(6) the term "precursor chemical" has the same meaning as the

term "listed chemical" has under paragraph (33) of section 802 of

title 21;

(7) the term "major money laundering country" means a country

whose financial institutions engage in currency transactions

involving significant amounts of proceeds from international

narcotics trafficking; and

(8) the term "appropriate congressional committees" means the

Committee on Foreign Affairs and the Committee on Appropriations

of the House of Representatives and the Committee on Foreign

Relations and the Committee on Appropriations of the Senate.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 481, as added Pub. L. 92-352, title V,

Sec. 503, July 13, 1972, 86 Stat. 496; amended Pub. L. 93-189, Sec.

11(a), Dec. 17, 1973, 87 Stat. 719; Pub. L. 94-329, title V, Sec.

504(b), June 30, 1976, 90 Stat. 764; Pub. L. 95-384, Secs. 3, 4,

Sept. 26, 1978, 92 Stat. 730; Pub. L. 96-92, Sec. 3(b), Oct. 29,

1979, 93 Stat. 702; Pub. L. 97-113, title V, Sec. 502(a)(1), (b),

title VII, Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1538, 1539,

1560; Pub. L. 98-164, title X, Sec. 1003, Nov. 22, 1983, 97 Stat.

1053; Pub. L. 99-83, title VI, Secs. 604-606, 618, Aug. 8, 1985, 99

Stat. 228, 229, 233; Pub. L. 99-570, title II, Secs. 2005, 2008,

2009, 2017, Oct. 27, 1986, 100 Stat. 3207-61, 3207-64, 3207-68;

Pub. L. 100-202, Sec. 101(e) [title V, Sec. 585(a)], Dec. 22, 1987,

101 Stat. 1329-131, 1329-184; Pub. L. 100-204, title VIII, Sec.

805, Dec. 22, 1987, 101 Stat. 1397; Pub. L. 100-461, title V, Sec.

578(e)(2), (g)(1), (3), (h), (i), Oct. 1, 1988, 102 Stat. 2268-47,

2268-48; Pub. L. 100-690, title IV, Sec. 4202(b), 4401-4403,

4405(a), 4407(a), (b)(1), 4502, 4802(b), Nov. 18, 1988, 102 Stat.

4267, 4275-4277, 4281, 4285, 4294; Pub. L. 101-231, Secs. 15,

17(a)-(f), Dec. 13, 1989, 103 Stat. 1963-1965; Pub. L. 102-550,

title XV, Sec. 1519, Oct. 28, 1992, 106 Stat. 4060; Pub. L.

102-583, Secs. 4(a)-(d), 5(b), 6(b)(1)-(3), 11(a), Nov. 2, 1992,

106 Stat. 4914, 4915, 4931, 4932, 4934; Pub. L. 103-447, title I,

Sec. 101(a), (b), Nov. 2, 1994, 108 Stat. 4691; Pub. L. 104-164,

title I, Sec. 131(a), July 21, 1996, 110 Stat. 1429; Pub. L.

105-20, Sec. 2(b), June 27, 1997, 111 Stat. 234.)

-REFTEXT-

REFERENCES IN TEXT

The National Narcotics Leadership Act of 1988, referred to in

subsec. (b)(1), is subtitle A of title I of Pub. L. 100-690, Nov.

18, 1988, 102 Stat. 4181, as amended. Chapter 1 of the Act was

classified principally to subchapter I (Sec. 1501 et seq.) of

chapter 20 of Title 21, Food and Drugs, prior to repeal by Pub. L.

100-690, title I, Sec. 1009, Nov. 18, 1988, 102 Stat. 4188. For

complete classification of this Act to the Code, see Tables.

Executive Order Number 12333, referred to in subsec. (b)(2), is

set out as a note under section 401 of Title 50, War and National

Defense.

This chapter, referred to in subsec. (e)(4)(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. (e)(4)(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.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsec. (e)(4)(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.

The Export-Import Bank Act of 1945, referred to in subsec.

(e)(4)(D), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended,

which is classified generally to subchapter I (Sec. 635 et seq.) of

chapter 6A of Title 12, Banks and Banking. For complete

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

out under section 635 of Title 12 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 481 of Pub. L. 87-195, pt. I, as added Pub. L.

92-226, pt. I, Sec. 109, Feb. 7, 1972, 86 Stat. 24, contained

similar subject matter, prior to repeal by section 503 of Pub. L.

92-352.

AMENDMENTS

1997 - Subsec. (b)(1). Pub. L. 105-20 substituted reference to

chapter 1 of the National Narcotics Leadership Act of 1988 for

reference to subtitle A of title I of the Anti-Drug Abuse Act of

1988.

1996 - Subsec. (a)(1)(D) to (G). Pub. L. 104-164, Sec. 131(a)(1),

added subpar. (D) and redesignated former subpars. (D) to (F) as

(E) to (G), respectively.

Subsec. (a)(4). Pub. L. 104-164, Sec. 131(a)(2), inserted ", or

for other anticrime purposes" before period at end.

1994 - Subsec. (d)(2) to (4). Pub. L. 103-447, Sec. 101(a),

redesignated pars. (3) and (4) as (2) and (3), respectively, and

struck out heading and text of former par. (2). Text read as

follows: "The Secretary of State shall inform the Secretary of

Health and Human Services and the Administrator of the

Environmental Protection Agency of the use or intended use by any

country or international organization of any herbicide for aerial

eradication in a program receiving assistance under this part."

Subsec. (e). Pub. L. 103-447, Sec. 101(b)(1), substituted "For"

for "Except as provided in sections 2291j(h) and (i) of this title

with respect to the definition of major illicit drug producing

country and major drug-transit country, for".

Subsec. (e)(2). Pub. L. 103-447, Sec. 101(b)(2), amended par. (2)

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

'major illicit drug producing country' means a country that

illicitly produces during a fiscal year 5 metric tons or more of

opium or opium derivative, 500 metric tons or more of coca, or 500

metric tons or more of marijuana;".

Subsec. (e)(6) to (8). Pub. L. 103-447, Sec. 101(b)(3)-(5), added

pars. (6) and (7) and redesignated former par. (6) as (8).

1992 - Pub. L. 102-583, Sec. 4(a), added section catchline and

struck out former catchline which read as follows: "International

narcotics control".

Subsec. (a)(1). Pub. L. 102-583, Sec. 4(a), added par. (1) and

struck out former par. (1) which read as follows: "It is the sense

of the Congress that -

"(A) under the Single Convention on Narcotic Drugs, 1961, each

signatory country has the responsibility of limiting to licit

purposes the cultivation, production, manufacture, sale, and

other distribution of scheduled drugs;

"(B) suppression of international narcotics trafficking is

among the most important foreign policy objectives of the United

States;

"(C) the international community should provide assistance,

where appropriate, to those producer and transit countries which

require assistance in discharging these primary obligations;

"(D) international narcotics control programs should include,

as a priority, the progressive elimination of the illicit

cultivation of the crops from which narcotic and psychotropic

drugs are derived, and should also include the suppression of the

illicit manufacture of and traffic in narcotic and psychotropic

drugs;

"(E) the objective of the United States in dealing with the

problem of international money laundering should be to ensure

that countries adopt comprehensive domestic measures against

money laundering and cooperative with each other in narcotics

money laundering investigations, prosecutions, and related

forfeiture actions; and

"(F) effective international cooperation is necessary to

control the illicit cultivation, production, and smuggling of,

trafficking in, and abuse of narcotic and psychotropic drugs."

Subsec. (a)(1)(D) to (F). Pub. L. 102-550, Sec. 1519(a), struck

out "and" at end of subpar. (D), added subpar. (E), and

redesignated former subpar. (E) as (F).

Subsec. (a)(2). Pub. L. 102-583, Sec. 4(b), inserted ", including

reciprocal maritime agreements," after "agreements".

Subsec. (b). Pub. L. 102-583, Sec. 4(c), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "Not

later than September 1 of each year, the President shall transmit

to the Speaker of the House of Representatives, and to the

Committee on Foreign Relations of the Senate, a complete and

detailed midyear report on the activities and operations carried

out under this part prior to such date. Such midyear report shall

include, but not be limited to, the status of each agreement

concluded prior to such date with other countries to carry out the

purposes of this part."

Subsec. (c)(4). Pub. L. 102-583, Sec. 4(d), inserted "or

archipelagic waters" after "sea".

Subsec. (d)(3). Pub. L. 102-583, Sec. 6(b)(1), substituted

"section 2291h(a) of this title" for "subsection (e) of this

section".

Subsec. (e). Pub. L. 102-583, Secs. 6(b)(2), (3), 11(a),

redesignated subsec. (i) as (e), substituted "Except as provided in

sections 2291j(h) and (i) of this title with respect to the

definition of major illicit drug producing country and major

drug-transit country, for purposes of this part and other

provisions of this chapter relating specifically to international

narcotics matters" for "As used in this section" in introductory

provisions, substituted "; and" for period at end of par. (5),

added par. (6), and struck out former subsec. (e) which directed

President to make annual reports to the Speaker of the House of

Representatives and the Committee on Foreign Relations of the

Senate related to United States policy to promote an international

strategy against the cultivation, and manufacture of and traffic in

controlled substances, and described contents of those reports.

Pub. L. 102-550, Sec. 1519(b), added par. (7) and redesignated

former pars. (7) and (8) as (8) and (9), respectively. As added,

par. (7) read as follows:

"(A) Each report pursuant to this subsection shall include a

report on major money laundering countries. This report shall

specify -

"(i) which countries are major money laundering countries;

"(ii) which countries identified pursuant to clause (i) have

financial institutions engaging in currency transactions

involving international narcotics trafficking proceeds that

include significant amounts of United States currency or currency

derived from illegal drug sales in the United States or that

otherwise significantly affect the United States;

"(iii) which countries identified pursuant to clause (ii) have

not reached agreement with the United States authorities on a

mechanism for exchanging adequate records in connection with

narcotics investigations and proceedings;

"(iv) which countries identified pursuant to clause (iii) -

"(I) are negotiating in good faith with the United States to

establish such a record-exchange mechanism, or

"(II) have adopted laws or regulations that ensure the

availability to appropriate United States Government personnel

and those of other governments of adequate records in

connection with narcotics investigations and proceedings; and

"(v) which countries identified pursuant to clause (i) -

"(I) have ratified the United Nations Convention Against

Illicit Traffic in Narcotic Drugs and Psychotropic Substances

and are taking steps to implement that Convention and other

applicable agreements and conventions such as the

recommendations of the Financial Action Task Force, the policy

directive of the European Community, the legislative guidelines

of the Organization of American States, and other similar

declarations, and

"(II) have entered into bilateral agreements for the exchange

of information on money-laundering with countries other than

the United States,

"(B) In addition, for each major money laundering country, the

report shall include findings on the country's adoption of law and

regulations considered essential to prevent narcotics-related money

laundering. Such findings shall include whether a country has -

"(i) criminalized narcotics money laundering;

"(ii) required banks and other financial institutions to know

and record the identity of customers engaging in significant

transactions, including the recording of large currency

transactions at thresholds appropriate to that country's economic

situation;

"(iii) required banks and other financial institutions to

maintain, for an adequate time, records necessary to reconstruct

significant transactions through financial institutions in order

to be able to respond quickly to information requests from

appropriate government authorities in narcotics-related money

laundering cases;

"(iv) required or allowed financial institutions to report

suspicious transactions;

"(v) established systems for identifying, tracing, freezing,

seizing, and forfeiting narcotics-related assets;

"(vi) enacted laws for the sharing of seized narcotics assets

with other governments;

"(vii) cooperated, when requested, with appropriate law

enforcement agencies of other governments investigating financial

crimes related to narcotics; and

"(viii) addressed the problem on international transportation

of illegal-source currency and monetary instruments.

The report shall also detail instances of refusals to cooperate

with foreign governments, and any actions taken by the United

States Government and any international organization to address

such obstacles, including the imposition of sanctions or penalties.

"(C) The report shall also include information on multilateral

and bilateral strategies pursued by the Department of State, the

Department of Justice, the Department of the Treasury, and other

relevant United States Government agencies, either collectively or

individually, to ensure the cooperation of foreign governments with

respect to narcotics-related money laundering.

"(D) The report shall include specific detail to demonstrate that

all United States Government agencies are pursuing a common

strategy with respect to achieving international cooperation

against money laundering and are pursuing a common strategy with

respect to major money laundering countries, including a summary of

United States objectives on a country-by-country basis.

"(E) As used in this paragraph, the term 'major money laundering

country' means a country whose financial institutions engage in

currency transactions involving significant amounts of proceeds

from international narcotics trafficking."

Subsecs. (f) to (h). Pub. L. 102-583, Sec. 6(b)(2), struck out

subsec. (f) relating to consultation with members of Congress,

subsec. (g) relating to congressional committee hearings, and

subsec. (h) relating to annual certification procedures.

Subsec. (i). Pub. L. 102-583, Sec. 6(b)(3), redesignated subsec.

(i) as (e).

Subsec. (i)(4). Pub. L. 102-583, Sec. 5(b), amended par. (4)

generally. Prior to amendment, par. (4) consisted of subpars. (A)

to (E) and concluding provisions, which defined "United States

assistance".

Subsec. (i)(5). Pub. L. 102-550, Sec. 1519(c), inserted "or" at

end of subpar. (A), substituted a period for "or" at end of subpar.

(B), and struck out subpar. (C) which read as follows: "through

which significant sums of drug-related profits or monies are

laundered with the knowledge or complicity of the government."

Subsecs. (j), (k). Pub. L. 102-583, Sec. 6(b)(2), struck out

subsec. (j) relating to actions by international bodies and subsec.

(k) relating to procedures for determining major drug-transit

countries.

1989 - Subsec. (a)(1). Pub. L. 101-231, Sec. 17(a), struck out at

end "This cooperation should include the development and

transmittal of plans by each signatory country to the Single

Convention on Narcotic Drugs, 1961, in which illicit narcotics and

psychotropic crop cultivation exists, which would advise the

International Narcotics Control Board, the United Nations

Commission on Narcotic Drugs, and the international community of

the strategy, programs, and timetable such country has established

for the progressive elimination of that cultivation."

Subsec. (b). Pub. L. 101-231, Sec. 17(b), inserted "Mid-year

report" as heading, struck out par. (1) which required quarterly

reports on the programming and obligation of funds under this part,

redesignated former par. (2) as subsec. (b), and substituted "Not

later than September" for "Not later than August".

Subsec. (c). Pub. L. 101-231, Sec. 15, inserted "Participation in

foreign police actions" as heading and amended text generally,

inserting par. headings, redesignating provisions comprising former

par. (1) as pars. (1) and (2) and, in par. (2), inserting provision

not prohibiting presence of officers and employees when foreign

officers are effecting an arrest, and striking out former par. (2)

which prohibited officers or employees from engaging or

participating in direct police action in a foreign country with

respect to narcotics control efforts.

Subsec. (d). Pub. L. 101-231, Sec. 17(c), inserted "Use of

herbicides for aerial eradication" as heading and amended text

generally, substituting pars. (1) to (4) for former pars. (1) to

(5).

Subsec. (h)(2)(A)(i)(IV). Pub. L. 101-231, Sec. 17(d)(1),

substituted "illicit production" for "production".

Subsec. (h)(2)(B)(iii). Pub. L. 101-231, Sec. 17(d)(2),

substituted "education and treatment programs" for "treatment".

Subsec. (h)(2)(B)(v). Pub. L. 101-231, Sec. 17(d)(3), substituted

"essential precursor chemicals" for "precursor chemicals".

Subsec. (h)(3)(D). Pub. L. 101-231, Sec. 17(d)(4), substituted

"illicit production" for "production".

Subsec. (i)(2). Pub. L. 101-231, Sec. 17(e), amended par. (2)

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

'major illicit drug producing country' means a country producing

five metric tons or more of opium or opium derivative during a

fiscal year or producing five hundred metric tons or more of coca

or marijuana (as the case may be) during a fiscal year;".

Subsec. (k)(4). Pub. L. 101-231, Sec. 17(f), struck out par. (4)

which required that reports under subsec. (e) discuss changes made

since notification provided pursuant to subsec. (k)(2) and (3).

1988 - Subsec. (a)(1)(B) to (E). Pub. L. 100-690, Sec. 4502,

added subpar. (B), and redesignated former subpars. (B) to (D) as

(C) to (E), respectively.

Subsec. (d)(5). Pub. L. 100-690, Sec. 4202(b), added par. (5).

Subsec. (e)(4). Pub. L. 100-690, Sec. 4401, inserted provisions

after first sentence requiring each determination of President to

be expressed in numerical terms.

Subsec. (e)(8). Pub. L. 100-690, Sec. 4402, added par. (8).

Subsec. (h)(1). Pub. L. 100-690, Sec. 4407(a), added par. (1) and

struck out former par. (1) which related to withholding of

assistance to major illicit drug producing countries or major

drug-transit countries.

Pub. L. 100-461, Sec. 578(h), inserted before "Subject" the

following: "Not later than October 1 of each year, the Secretary of

State shall submit a report to the Congress of those countries

identified by the Secretary as being major drug producing or major

drug transit countries (including the definition used to determine

such drug transit countries) for purposes of the withholding

requirements contained in subparagraph (A) of this paragraph and

the certification requirements contained in paragraph (2) of this

subsection."

Subsec. (h)(2). Pub. L. 100-690, Sec. 4407(a), added par. (2) and

struck out former par. (2) which related to removal of restrictions

imposed under par. (1).

Subsec. (h)(2)(A)(i)(I). Pub. L. 100-461, Sec. 578(g)(3),

inserted "or multilateral agreement which achieves the objectives

of this subsection," after "(ii)".

Subsec. (h)(2)(A)(ii). Pub. L. 100-461, Sec. 578(g)(1), amended

cl. (ii) generally, substituting "A bilateral narcotics agreement

referred to in clause (i)(I) is an agreement between the United

States and a foreign country whereby the foreign country agrees to

undertake specific activities including, where applicable, efforts

to reduce drug production, drug consumption, and drug trafficking

within its territory, including activities to address illicit crop

eradication and crop substitution; drug interdiction and

enforcement; drug consumption and treatment; identification and

elimination of illicit drug laboratories; identification and

elimination of the trafficking of precursor chemicals for the use

in production of illegal drugs; cooperation with United States drug

enforcement officials; and, where applicable, participation in

extradition treaties, mutual legal assistance provisions directed

at money laundering, sharing of evidence, and other initiatives for

cooperative drug enforcement." for "A bilateral narcotics agreement

referred to in clause (i)(I) is an agreement between the United

States and a foreign country whereby the foreign country agrees to

take specific activities including but not limited to, efforts to

reduce drug production, drug consumption, and drug trafficking

within its territory, including activities to address illicit crop

eradication and crop substitution; drug interdiction and

enforcement; drug consumption and treatment; identification of and

elimination of illicit drug laboratories; identification and

elimination of the trafficking of precursor chemicals for the use

in production of illegal drugs; cooperation with United States drug

enforcement officials; and, where applicable, participation in

extradition treaties, mutual legal assistance provisions directed

at money laundering, sharing of evidence, and other initiatives for

cooperative drug enforcement."

Subsec. (h)(2)(B). Pub. L. 100-461, Sec. 578(i), substituted

"subparagraph (A)(i)(II)" for "clause (A)(ii)".

Subsec. (h)(3). Pub. L. 100-690, Sec. 4407(a), added par. (3) and

struck out former par. (3) which related to certification by

President.

Subsec. (h)(4). Pub. L. 100-690, Sec. 4407(a), added par. (4).

Subpar. (A) of former par. (4), which related to Congressional

disapproval of certification, was struck out and subpar. (B) of

former par. (4) redesignated par. (6)(B).

Subsec. (h)(5). Pub. L. 100-690, Sec. 4407(a), (b)(1)(A), added

par. (5) and struck out former par. (5) which related to

prohibition of assistance or financing to any country for which

President has not made certification under par. (2) or with respect

to which Congress has enacted a joint resolution disapproving such

certification unless President makes certification or Congress

enacts joint resolution approving certification.

Subsec. (h)(6)(A). Pub. L. 100-690, Sec. 4407(a), added subpar.

(A).

Subsec. (h)(6)(B). Pub. L. 100-690, Sec. 4407(a), (b)(1)(B)(i),

(ii), redesignated par. (4)(B) as (6)(B) and substituted "Any joint

resolution under this subsection" for "Any such joint resolution"

in cl. (i).

Subsec. (h)(6)(B)(ii). Pub. L. 100-690, Sec. 4407(b)(1)(B)(iii),

which directed substitution of "resolutions" for "resolution" was

executed by making the substitution the first place it appears,

thus correcting grammatical error, as the probable intent of

Congress.

Subsec. (i)(4)(vi). Pub. L. 100-690, Sec. 4802(b), made technical

amendment to reference to section 2151b(c)(2) of this title to

correct reference to corresponding section of original act.

Subsec. (i)(4)(vii). Pub. L. 100-690, Sec. 4403, substituted

"2151x(b)(2) of this title (but any such assistance shall be

subject to the prior notification procedures applicable to

reprogrammings pursuant to section 2394-1 of this title)," for

"2151x of this title;".

Pub. L. 100-461, Sec. 578(e)(2)(A), added cl. (vii). Former cl.

(vii) redesignated cl. (viii).

Subsec. (i)(4)(viii). Pub. L. 100-461, Sec. 578(e)(2)(B),

redesignated cl. (vii) as (viii).

Subsec. (k). Pub. L. 100-690, Sec. 4405(a), added subsec. (k).

1987 - Subsec. (e)(7). Pub. L. 100-204, Sec. 805(a), added par.

(7).

Subsec. (h)(2)(A). Pub. L. 100-202 designated existing provisions

of subpar. (A) as cl. (i), redesignated former cls. (i) and (ii) as

subcls. (I) and (II), respectively, and in subcl. (I) inserted "in

satisfying the goals agreed to in an applicable bilateral narcotics

agreement with the United States, (as described in (ii)) and,"

after "on its own,", and added cl. (ii).

Subsec. (h)(4)(A). Pub. L. 100-204, Sec. 805(b), which directed

that subpar. (A) of subsec. (h) of this section be amended by

substituting "45" for "30", was executed by making the substitution

in subpar. (A) of subsec. (h)(4) of this section to reflect the

probable intent of Congress.

1986 - Subsec. (a)(3), (4). Pub. L. 99-570, Sec. 2017, added par.

(3) and redesignated former par. (3) as (4).

Subsec. (c). Pub. L. 99-570, Sec. 2009, amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows:

"(1) Notwithstanding any other provision of law, no officer or

employee of the United States may engage or participate in any

direct police arrest action in any foreign country with respect to

narcotics control efforts. No such officer or employee may

interrogate or be present during the interrogation of any United

States person arrested in any foreign country with respect to

narcotics control efforts without the written consent of such

person. The provisions of this paragraph shall not apply to the

activities of the United States Armed Forces in carrying out their

responsibilities under applicable Status of Forces arrangements.

"(2) Paragraph (1) of this subsection shall not prohibit officers

and employees of the United States from being present during direct

police arrest actions with respect to narcotic control efforts in a

foreign country to the extent that the Secretary of State and the

government of that country agree to such an exemption. The

Secretary of State shall report any such agreement to the Congress

before the agreement takes effect."

Subsec. (e)(1). Pub. L. 99-570, Sec. 2005(b), substituted "March"

for "February".

Subsec. (e)(3)(D). Pub. L. 99-570, Sec. 2008, added subpar. (D).

Subsec. (h). Pub. L. 99-570, Sec. 2005(a), amended subsec. (h)

generally, revising and restating as pars. (1) to (5) provisions of

former pars. (1) to (4).

Subsec. (i)(4). Pub. L. 99-570, Sec. 2005(d), in concluding

provisions, added cl. (vi), and redesignated former cl. (vi) as

(vii).

Subsec. (i)(5). Pub. L. 99-570, Sec. 2005(c), added par. (5).

1985 - Subsec. (b). Pub. L. 99-83, Sec. 604, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

"(1) Not later than forty-five days after the date on which each

calendar quarter of each year ends, the President shall transmit to

the Speaker of the House of Representatives, and to the Committee

on Foreign Relations of the Senate, a report on the programing and

obligation, on a calendar quarter basis, of funds under this part

prior to such date.

"(2) Not later than forty-five days after the date on which the

second calendar quarter of each year ends and not later than

forty-five days after the date on which the fourth calendar quarter

of each year ends, the President shall transmit to the Speaker of

the House of Representatives, and to the Committee on Foreign

Relations of the Senate, a complete and detailed semiannual report

on the activities and operations carried out under this part prior

to such date. Such semiannual report shall include, but shall not

be limited to -

"(A) the status of each agreement concluded prior to such date

with other countries to carry out the purposes of this part; and

"(B) the aggregate of obligations and expenditures made, and

the types and quantity of equipment provided, on a calendar

quarter basis, prior to such date -

"(i) to carry out the purposes of this part with respect to

each country and each international organization receiving

assistance under this part, including the costs of United

States personnel engaged in carrying out such purposes in each

such country and with each such international organization;

"(ii) to carry out each program conducted under this part in

each country and by each international organization, including

the cost of United States personnel engaged in carrying out

each such program; and

"(iii) for administrative support services within the United

States to carry out the purposes of this part, including the

cost of United States personnel engaged in carrying out such

purposes in the United States."

Subsec. (c)(2). Pub. L. 99-83, Sec. 605, added par. (2).

Subsec. (e)(6). Pub. L. 99-83, Sec. 606, added par. (6).

Subsec. (h)(4). Pub. L. 99-83, Sec. 618, added par. (4).

1983 - Subsec. (a). Pub. L. 98-164, Sec. 1003(a), amended subsec.

(a) generally, substituting provisions relating to applicability

and implementation of Single Convention on Narcotic Drugs, 1961,

and development, promotion and assistance respecting international

narcotics control, for provisions relating to agreements,

assistance, sanctions, etc., to facilitate international narcotics

control.

Subsec. (e). Pub. L. 98-164, Sec. 1003(b), amended subsec. (e)

generally, substituting requirements for annual reports on

cultivation and manufacture of and traffic in narcotic and

psychotropic drugs and other controlled substances and the specific

contents of the reports for requirements for annual reports on the

status of United States policy regarding production, interdiction,

and interception of trafficking in narcotics.

Subsecs. (f) to (j). Pub. L. 98-164, Sec. 1003(b), added subsecs.

(f) to (j).

1981 - Subsec. (c)(2). Pub. L. 97-113, Sec. 734(a)(1), struck out

par. (2) which provided for a Presidential study of multilateral

narcotics control activities and transmission of this study to the

Speaker of the House and the President of the Senate no later than

June 30, 1977.

Subsec. (d). Pub. L. 97-113, Sec. 502(a)(1), substituted

provisions requiring the Secretary of State to inform the Secretary

of Health and Human Services of any use of herbicides to eradicate

marihuana in a program receiving assistance under this part,

directing the Secretary of Health and Human Services to monitor the

impact on the health of persons using such marihuana and if he

determines their exposure to the herbicide harms their health,

report to Congress such determination with any recommendations,

urging the President to use not less than $100,000 to develop a

substance that clearly and readily warns potential marihuana users

that the marihuana has been sprayed with paraquat or other

herbicide harmful to the health of the persons using it, and

directing the Secretary of Agriculture, if such a substance is

developed, to use such substance in conjunction with the spraying

of paraquat or other herbicide for provisions prohibiting the use

of funds under this part for spraying a herbicide to eradicate

marihuana if that practice is likely to seriously harm the health

of users of the sprayed marihuana, except if the substance is used

with a substance that will clearly and readily warn potential users

of the sprayed marihuana of the use of herbicide, and requiring the

Secretary of State to submit a report to Congress not later than

January 1 of each year detailing efforts taken to ensure compliance

with this subsection.

Subsec. (e). Pub. L. 97-113, Sec. 502(b), added subsec. (e).

1979 - Subsec. (d)(1). Pub. L. 96-92 substituted "for the purpose

of" for "or used for any program involving".

1978 - Subsec. (c)(1). Pub. L. 95-384, Sec. 3, inserted

provisions prohibiting any agent or employee of the United States

Government from interrogating, or from being present at the

interrogation of, any United States person arrested in any foreign

country in the absence of the written consent of the person

arrested and provisions relating to the applicability of this

paragraph to the activities of the United States Armed Forces.

Subsec. (d). Pub. L. 95-384, Sec. 4, added subsec. (d).

1976 - Subsec. (c). Pub. L. 94-329 added subsec. (c).

1973 - Pub. L. 93-189 designated existing provisions as subsec.

(a) and added subsec. (b).

-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 1987 AMENDMENT

Section 101(e) [title V, Sec. 585(b)] of Pub. L. 100-202 provided

that: "The amendments made by paragraph (1) [probably means subsec.

(a) which amended this section] shall apply with respect to any

certification of the President under section 481(h)(2)(A) of the

Foreign Assistance Act of 1961 [22 U.S.C. 2291(h)(2)(A)] made on or

after March 1, 1989."

EFFECTIVE DATE OF 1985 AMENDMENT

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

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

this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

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

out as a note under section 2381 of this title.

-MISC3-

REPORTS ON ACTIVITIES IN COLOMBIA

Pub. L. 107-228, div. A, title VI, Sec. 694, Sept. 30, 2002, 116

Stat. 1415, provided that:

"(a) Report on Reform Activities. -

"(1) In general. - Not later than 180 days after the date of

the enactment of this Act [Sept. 30, 2002], and not later than

April 1 of each year thereafter, the Secretary shall submit to

the appropriate congressional committees a report on the status

of activities funded or authorized, in whole or in part, by the

Department or the Department of Defense in Colombia to promote

alternative development, recovery and resettlement of internally

displaced persons, judicial reform, the peace process, and human

rights.

"(2) Contents. - Each such report shall contain the following:

"(A) A summary of activities described in paragraph (1)

during the previous 12-month period.

"(B) An estimated timetable for the conduct of such

activities in the subsequent 12-month period.

"(C) An explanation of any delay in meeting timetables

contained in the previous report submitted in accordance with

this subsection.

"(D) An assessment of steps to be taken to correct any delays

in meeting such timetables.

"(b) Report on Certain Counternarcotics Activities. -

"(1) Declaration of policy. - It is the policy of the United

States to encourage the transfer of counternarcotics activities

carried out in Colombia by United States businesses that have

entered into agreements with the Department or the Department of

Defense to conduct such activities, to Colombian nationals, in

particular personnel of the Colombian antinarcotics police, when

properly qualified personnel are available.

"(2) Report. - Not later than 180 days after the date of the

enactment of this Act [Sept. 30, 2002], and not later than April

1 of each year thereafter, the Secretary shall submit to the

appropriate congressional committees a report on the activities

of United States businesses that have entered into agreements in

the previous 12-month period with the Department or the

Department of Defense to carry out counternarcotics activities in

Colombia.

"(3) Contents. - Each such report shall contain the following:

"(A) The name of each United States business described in

paragraph (2) and description of the counternarcotics

activities carried out by the business in Colombia.

"(B) The total value of all payments by the Department and

the Department of Defense to each such business for such

activities.

"(C) A written statement justifying the decision by the

Department and the Department of Defense to enter into an

agreement with each such business for such activities.

"(D) An assessment of the risks to personal safety and

potential involvement in hostilities incurred by employees of

each such business as a result of their activities in Colombia.

"(E) A plan to provide for the transfer of the

counternarcotics activities carried out by such United States

businesses to Colombian nationals, in particular personnel of

the Colombian antinarcotics police.

"(4) Definition. - In this subsection, the term 'United States

business' means any person (including any corporation,

partnership, or other organization) that is subject to the

jurisdiction of the United States or organized under the laws of

the United States, but does not include any person (including any

corporation, partnership, or other organization) that performs

contracts involving personal services."

[For definitions of "Secretary", "Department", and "appropriate

congressional committees" as used in section 694 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.]

LIMITATION ON COUNTERNARCOTICS ASSISTANCE TO COLOMBIA

Pub. L. 105-277, div. C, title VIII, Sec. 821(b), Oct. 21, 1998,

112 Stat. 2681-700, provided that:

"(1) Limitation on provision of assistance. - Except as provided

in paragraph (2), United States counternarcotics assistance may not

be provided for the Government of Colombia under this title [see

Tables for classification] or under any other provision of law on

or after the date of enactment of this Act [Oct. 21, 1998] if the

Government of Colombia negotiates or permits the establishment of

any demilitarized zone in which the eradication of drug production

by the security forces of Colombia, including the Colombian

National Police antinarcotics unit, is prohibited.

"(2) Exception. - If the Government of Colombia negotiates or

permits the establishment of a demilitarized zone described in

paragraph (1), United States counternarcotics assistance may be

provided for the Government of Colombia for a period of up to 90

consecutive days upon a finding by the President that providing

such assistance is in the national interest of the United States.

"(3) Notification. - In each case in which counternarcotics

assistance is provided for the Government of Colombia as a result

of a finding by the President described in paragraph (2), the

President shall notify the Committees on Appropriations and the

authorizing committees of jurisdiction of the House of

Representatives and the Senate not later than 5 days after such

assistance is provided."

[For delegation of functions of President under section 821(b) of

Pub. L. 105-277, div. C, title VIII, 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.]

REPORT ON ARMED FORCES STATIONED IN ANDEAN COUNTRIES

Pub. L. 101-623, Sec. 8, Nov. 21, 1990, 104 Stat. 3355, which

required the President to submit to Congress a monthly report

listing the number of members of United States Armed Forces

assigned or detailed to, or otherwise performing functions in, each

Andean country, 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 18 of

House Document No. 103-7.

PRECURSOR CHEMICALS

Pub. L. 101-513, title V, Sec. 599H, Nov. 5, 1990, 104 Stat.

2068, provided that:

"(a) Negotiations. - (1) The Attorney General shall enter into

negotiations with the appropriate law enforcement and judicial

agencies and any other officials of any foreign country with

jurisdiction over companies who manufacture, market, sell or

purchase certain precursor and/or essential chemicals used in the

production of illicit narcotics. The priority of negotiations

should be determined based on an assessment by the Attorney General

which countries have jurisdiction over companies that may be

knowingly or unknowingly supplying chemicals for the illicit

manufacture of controlled substances.

"(2) The purposes of the negotiations shall be to (a) establish a

list of precursor and essential chemicals contributing to the

illicit manufacture of controlled substances, as defined in section

102 of the Controlled Substances Act (21 USC 802); (b) reach one or

more international agreements on a method for maintaining records

of transactions of these listed chemicals; (c) establish a

procedure by which such records may be made available to (and kept

confidential as necessary by) United States law enforcement

authorities for the exclusive purpose of conducting an

investigation relative to precursor chemicals, essential chemicals

and/or controlled substances contributing to the manufacture of

illicit narcotics; and (d) encourage chemical source countries to

enact national chemical control legislation which would (i) impose

specific record keeping and reporting requirements for domestic

transactions involving listed chemicals; (ii) establish a system of

permits or declarations for imports and exports of listed

chemicals; and (iii) authorize government officials to seize or

suspend shipments of listed chemicals based on evidence that they

may be destined for the illicit manufacture of controlled

substances.

"(b) Reports. - Not later than one year after the date of

enactment of this Act [Nov. 5, 1990], the Attorney General shall

submit an interim report to the Judiciary Committee and the Foreign

Relations Committee of the Senate on progress in the negotiations.

Not later than eighteen months from the date of enactment, the

Attorney General shall submit a final report to the aforementioned

Senate Committees on the result of negotiations identifying

countries with which agreements have not been reached and which

have jurisdiction over companies believed to be engaged in the

manufacture, marketing, sale or purchase of precursor and/or

essential chemicals used in illicit manufacture of controlled

substances.

"(c) Penalties. - After consulting with the Attorney General and

the Director of the Office of National Drug Control Policy, the

President shall impose penalties or sanctions including temporarily

or permanently prohibiting any corporation, partnership, individual

or business association (i) refusing to maintain records for the

purpose of monitoring and regulating transactions of listed

precursor chemicals, or (ii) refusing to make such records

available to United States law enforcement authorities for

investigative purposes (in coordination with the local law

enforcement agency in which such corporation, partnership,

individual, or business association resides, is created or has its

principal place of business) from engaging in any or all

transactions, in goods or services, within the commerce of the

United States.

"(d) Definitions. - A record under subsection (a) shall be

retrievable and include the date of the transaction, the identity

of each party to the transaction, including the ultimate consignee,

and accounting of the quantity and form of listed chemical(s) and a

description of the method of transfer.

"(e) This section shall not apply to the manufacture,

distribution, sale, import or export of any drug which may, under

the Federal Food, Drug and Cosmetic Act [21 U.S.C. 301 et seq.] be

lawfully sold over-the-counter without prescription."

LINKAGE OF DEBT REDUCTION LOANS TO REDUCTION IN DRUG TRAFFICKING;

REPORT TO CONGRESS

Pub. L. 101-240, title IV, Sec. 407, Dec. 19, 1989, 103 Stat.

2504, provided that:

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

"(1) the Brady Initiative is a positive step, recognizing as it

does the need for reducing the debt and debt service burdens of

the indebted developing countries;

"(2) the multilateral development banks should, as part of this

debt reduction process, encourage such countries to further

reform their economies by reducing their dependence on production

and trafficking of illicit narcotics; and

"(3) reduction of debt should relieve some of the financial

burden on these countries, and thereby enable them to rely on

legal income-generating activities.

"(b) Instruction of United States Executive Directors. - The

Secretary of the Treasury shall instruct the United States

Executive Director of each multilateral development bank that, in

voting with respect to loans from the multilateral development bank

to reduce the debt and debt burden of borrowing countries which are

major producers, processors, traffickers, or exporters of illegal

drugs to the United States, the Executive Director shall give

preference to those countries which show marked improvement in

reducing the volume of cultivation, processing, trafficking, and

export to the United States of illegal drugs. In making a

determination under the preceding sentence with respect to a

country's improvement, the Secretary of the Treasury shall consult

with the heads of the relevant agencies.

"(c) Report to Congress. - The Secretary of the Treasury shall

include, in the detailed accounting required by section 2018(c) of

the International Narcotics Control Act of 1986 (22 U.S.C. 2191

note) [section 2018(c) of Pub. L. 99-570 set out below], relating

to multilateral development bank assistance for drug eradication

and crop substitution programs, an additional discussion of the

steps taken and the progress made in implementing the goals set

forth in subsection (b) of this section, and further steps needed

to secure the achievement of these goals.

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

"(1) the term 'multilateral development bank' includes the

International Bank for Reconstruction and Development, the

International Development Association, the International Finance

Corporation, the Inter-American Development Bank, the

Inter-American Investment Corporation, the Asian Development

Bank, the African Development Bank, and the African Development

Fund; and

"(2) the term 'illegal drugs' means 'narcotic and psychotropic

drugs and other controlled substances', as defined in section

481(i)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.

2291(i)(3))."

DEBT-FOR-DRUGS EXCHANGES

Section 10 of Pub. L. 101-231 provided that:

"(a) Authority. - The President may release Bolivia, Colombia, or

Peru from its obligation to make payments to the United States

Government of principal and interest on account of a loan made to

that country under the Foreign Assistance Act of 1961 (22 U.S.C.

2151 and following; relating to foreign assistance programs) or

credits extended for that country under section 23 of the Arms

Export Control Act (22 U.S.C. 2763; relating to foreign military

sales credits) if the President determines that that country is

implementing programs to reduce the flow of cocaine to the United

States in accordance with a formal bilateral or multilateral

agreement, to which the United States is a party, that contains

specific, quantitative and qualitative, performance criteria with

respect to those programs.

"(b) Congressional Review of Agreements. - The President shall

submit any such agreement with Bolivia, Colombia, or Peru to the

Committee on Foreign Affairs [now Committee on International

Relations] of the House of Representatives and the Committee on

Foreign Relations of the Senate at least 15 days before exercising

the authority of [sub]section (a) with respect to that country.

"(b) [(c)] Coordination with Multilateral Debt Relief Activities.

- The authority provided in subsection (a) shall be exercised in

coordination with multilateral debt relief activities.

"(c) [(d)] Effective Date. - Subsection (a) takes effect on

October 1, 1990."

ADDITIONAL ASSISTANCE TO COUNTRIES MEETING DRUG ERADICATION TARGETS

OR TAKING SIGNIFICANT STEPS AGAINST DRUG PRODUCTION OR TRAFFICKING

Pub. L. 101-167, title V, Sec. 569(d), Nov. 21, 1989, 103 Stat.

1244, provided that:

"(1) If any funds made available for any fiscal year for security

assistance are not used for assistance for the country for which

those funds were allocated because of any provision of law

requiring the withholding of assistance for countries that have not

taken adequate steps to halt illicit drug production of [or]

trafficking, the President shall use those funds for additional

assistance for those countries which have met their illicit drug

eradication targets or have otherwise taken significant steps to

halt illicit drug production or trafficking, as follows:

"(A) Those funds may be transferred to and consolidated with

the funds made available to carry out section 481 of the Foreign

Assistance Act of 1961 [22 U.S.C. 2291] in order to provide

additional narcotics control assistance for those countries.

Funds transferred under this paragraph may only be used to

provide increased funds for activities previously justified to

the Congress. Transfers may be made under this paragraph without

regard to the 20-percent increase limitation contained in section

610 of the Foreign Assistance Act [22 U.S.C. 2360].

"(B) Any such funds not used under subparagraph (A) shall be

reprogrammed within the account for which they were appropriated

(subject to the regular reprogramming procedures of the

Committees on Appropriations) in order to provide additional

security assistance for those countries.

"(2) As used in this section, the term 'security assistance'

means economic support fund assistance, foreign military financing,

and international military education and training."

-CROSS-

DEFINITION OF TERMS USED IN INTERNATIONAL NARCOTICS CONTROL ACT OF

1988

Section 4003 of title IV of Pub. L. 100-690 defined terms "drug"

and "narcotic" to mean narcotic and psychotropic drugs and other

controlled substances as defined in subsec. (i)(3) of this section

for purposes of title IV of Pub. L. 100-690, prior to repeal by

Pub. L. 102-583, Sec. 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.

-MISC4-

REGIONAL ANTI-NARCOTICS FORCES

Section 4101 of Pub. L. 100-690 stated need for anti-narcotics

multinational force in Western Hemisphere and authorized diplomatic

efforts toward creation of such a force, prior to repeal by Pub. L.

102-583, Sec. 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.

DETERMINING MAJOR DRUG-TRANSIT COUNTRIES WITH RESPECT TO FISCAL

YEAR 1989

Section 4405(b) of Pub. L. 100-690 directed Secretary of State to

make determination of major drug-transit countries with respect to

fiscal year 1989, prior to repeal by Pub. L. 102-583, Sec. 6(e)(1),

Nov. 2, 1992, 106 Stat. 4933.

BILATERAL NARCOTICS AGREEMENTS REQUIRED FOR CERTIFICATIONS FOR

FISCAL YEAR 1989 AND THEREAFTER

Section 101(e) [title V, Sec. 585(c)] of Pub. L. 100-202, as

amended by Pub. L. 100-461, title V, Sec. 578(g)(2), Oct. 1, 1988,

102 Stat. 2268-47, provided that beginning with certifications with

respect to fiscal year 1989 and each subsequent year, a country

which in the previous year had been designated a major drug

producing or drug transit country would not be deemed as

cooperating fully unless it had in place a bilateral narcotics

agreement with the United States, or a multilateral agreement which

achieves the objectives of this section, prior to repeal by Pub. L.

100-690, title IV, Sec. 4407(b)(2), Nov. 18, 1988, 102 Stat. 4281.

REVIEW OF EFFECTIVENESS OF INTERNATIONAL NARCOTICS CONTROL

ASSISTANCE PROGRAM

Section 2007 of Pub. L. 99-570 directed Comptroller General to

review effectiveness of assistance provided under this part, prior

to repeal by Pub. L. 102-583, Sec. 6(e)(2), Nov. 2, 1992, 106 Stat.

4933.

MULTILATERAL DEVELOPMENT BANK ASSISTANCE FOR DRUG ERADICATION AND

CROP SUBSTITUTION PROGRAMS

Section 2018 of Pub. L. 99-570 provided that:

"(a) MDB Assistance for Development and Implementation of Drug

Eradication Program. - The Secretary of the Treasury shall instruct

the United States Executive Directors of the multilateral

development banks to initiate discussions with other Directors of

their respective banks and to propose that all possible assistance

be provided to each major illicit drug producing country for the

development and implementation of a drug eradication program,

including technical assistance, assistance in conducting

feasibility studies and economic analyses, and assistance for

alternate economic activities.

"(b) Increases in Multilateral Development Bank Lending for Crop

Substitution Projects. - The Secretary of the Treasury shall

instruct the United States Executive Directors of the multilateral

development banks to initiate discussions with other Directors of

their respective banks and to propose that each such bank increase

the amount of lending by such bank for crop substitution programs

which will provide an economic alternative for the cultivation or

production of illicit narcotic drugs or other controlled substances

in major illicit drug producing countries, to the extent such

countries develop and maintain adequate drug eradication programs.

"(c) National Advisory Council Report. - The Secretary of the

Treasury shall include in the annual report to the Congress by the

National Advisory Council on International Monetary and Financial

Policies a detailed accounting of the manner in which and the

extent to which the provisions of this section have been carried

out.

"(d) Definitions. - For purposes of this section -

"(1) Multilateral development bank. - The term 'multilateral

development bank' means the International Bank for Reconstruction

and Development, the International Development Association, the

Inter-American Development Bank, the African Development Bank,

and the Asian Development Bank.

"(2) Major illicit drug producing country. - The term 'major

illicit drug producing country' has the meaning provided in

section 481(i)(2) of the Foreign Assistance Act of 1961 (22

U.S.C. 2291(i)(2)).

"(3) Narcotic drug and controlled substance. - The terms

'narcotic drug' and 'controlled substance' have the meanings

given to such terms in section 102 of the Controlled Substances

Act (21 U.S.C. 802)."

REPORTS TO CONGRESS ON DRUG EDUCATION PROGRAMS ABROAD

Section 2029 of Pub. L. 99-570 directed Director of United States

Information Agency and Administrator of Agency for International

Development to include in their annual reports to Congress a

description of drug education programs carried out by their

respective agencies, prior to repeal by Pub. L. 103-447, title I,

Sec. 103(c), Nov. 2, 1994, 108 Stat. 4694.

UNITED STATES SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL

Pub. L. 107-68, title I, Sec. 103, Nov. 12, 2001, 115 Stat. 568,

provided that:

"(a) Agency contributions for employees whose salaries are

disbursed by the Secretary of the Senate from the appropriations

account 'Expenses of the United States Senate Caucus on

International Narcotics Control' under the heading 'Congressional

Operations' shall be paid from the Senate appropriations account

for 'Salaries, Officers and Employees'.

"(b) This section shall apply to pay periods beginning on or

after October 1, 2001."

Pub. L. 99-93, title VIII, Sec. 814, Aug. 16, 1985, 99 Stat. 455,

as amended by Pub. L. 99-151, title III, Sec. 306, Nov. 13, 1985,

99 Stat. 808; Pub. L. 100-202, Sec. 101(i) [title I, Sec. 5], Dec.

22, 1987, 101 Stat. 1329-290, 1329-294; Pub. L. 102-392, title III,

Sec. 323, Oct. 6, 1992, 106 Stat. 1726; Pub. L. 105-119, title VI,

Sec. 625, Nov. 26, 1997, 111 Stat. 2522; Pub. L. 106-57, title I,

Sec. 7, Sept. 29, 1999, 113 Stat. 412; Pub. L. 107-228, div. A,

title VI, Sec. 684, Sept. 30, 2002, 116 Stat. 1411, provided that:

"(a) Establishment. - There is established the United States

Senate Caucus on International Narcotics Control (hereafter in this

section referred to as the 'Caucus').

"(b) Duties. - The Caucus is authorized and directed -

"(1) to monitor and promote international compliance with

narcotics control treaties, including eradication and other

relevant issues; and

"(2) to monitor and encourage United States Government and

private programs seeking to expand international cooperation

against drug abuse and narcotics trafficking.

"(c) Membership. - (1) The Caucus shall be composed of 12 members

as follows:

"(A) 7 Members of the Senate appointed by the President of the

Senate, 4 of whom (including the member designated as Chairman)

shall be selected from the majority party of the Senate, after

consultation with the majority leader, and 3 of whom (including

the member designated as Cochairman) shall be selected from the

minority party of the Senate, after consultation with the

minority leader.

"(B) 5 members of the public to be appointed by the President

after consultation with the members of the appropriate

congressional committees.

"(2) There shall be a Chairman and a Cochairman of the Caucus.

"(d) Powers. - In carrying out this section, the Caucus may

require, by subpoena or otherwise, the attendance and testimony of

such witnesses and the production of such books, records,

correspondence, memorandums, papers, and documents as it deems

necessary. Subpoenas may be issued over the signature of the

Chairman of the Caucus or any member designated by him, and may be

served by any person designated by the Chairman or such member. The

Chairman of the Caucus, or any member designated by him, may

administer oaths to any witness.

"(e) Report by President to Caucus. - In order to assist the

Caucus in carrying out its duties, the President shall submit to

the Caucus a copy of the report required by section 481(e) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2991(e)) [22 U.S.C.

2291(e)].

"(f) Report to Senate. - The Caucus is authorized and directed to

report to the Senate with respect to the matters covered by this

section on a periodic basis and to provide information to Members

of the Senate as requested. For each fiscal year for which an

appropriation is made the Caucus shall submit to the Congress a

report on its expenditures under such appropriation.

"(g) Authorization of Appropriations. - (1) There are authorized

to be appropriated to the Caucus $370,000 for each fiscal year, to

remain available until expended, to assist in meeting the expenses

of the Caucus for the purpose of carrying out the provisions of

this section.

"(2) For purposes of section 502(b) of the Mutual Security Act of

1954 (22 U.S.C. 1754(b)), the Caucus shall be deemed to be a

standing committee of the Senate and shall be entitled to the use

of funds in accordance with such section.

"(h) Staff. - The Caucus may appoint and fix the pay of such

staff personnel as it deems desirable, without regard to the

provisions of title 5, United States Code, governing appointments

in the competitive service, and without regard to the provisions of

chapter 51 and subchapter III of chapter 53 of such title relating

to classification and General Schedule pay rates.

"(i) Termination. - The Caucus shall cease to exist on September

30, 2005."

Pub. L. 99-151, title III, Sec. 306, Nov. 13, 1985, 99 Stat. 808,

provided that:

"(a) Notwithstanding the provisions of this or any other Act, the

United States International Narcotics Control Commission,

established by section 814 of the Foreign Relations Authorization

Act, Fiscal Years 1986 and 1987 [section 814 of Pub. L. 99-93, set

out as a note above], is hereby redesignated and shall hereafter be

known as the United States Senate Caucus on International Narcotics

Control.

"(b) Any reference to the United States International Narcotics

Control Commission in any law, regulation, document, record, or

other official paper of the United States shall be deemed to be a

reference to the United States Senate Caucus on International

Narcotics Control."

DRUG TRAFFICKING AND PROBLEM OF TOTAL CONFIDENTIALITY OF CERTAIN

FOREIGN BANK ACCOUNTS

Section 619 of Pub. L. 99-83 provided that:

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

"(1) several banks in Latin America and the Caribbean are used

by narcotics traffickers as depositories for money obtained in

providing illicit drugs to the United States and other countries

of the region;

"(2) offshore banks which provide total confidentiality provide

a service which materially assists the operations of illicit drug

traffickers; and

"(3) cooperation in gaining access to the bank accounts of such

narcotics traffickers would materially assist United States

authorities in controlling the activities of such traffickers.

"(b) Policy. - The Congress -

"(1) requests the President to negotiate treaties or

appropriate international agreements with all countries providing

confidential banking services (giving high priority to countries

in the Caribbean region) to provide disclosure to the United

States Government of information contained in official records,

and in records of bank accounts, concerning persons under

investigation for violations of United States law, in particular

those regarding international drug trafficking;

"(2) directs the President to include reports on the results of

such efforts in the annual International Narcotics Control

Strategy Report; and

"(3) reaffirms its intention to obtain maximum cooperation on

the part of all governments for the purpose of halting

international drug trafficking, and constantly to evaluate the

cooperation of those governments receiving assistance from the

United States."

USE OF FUNDS APPROPRIATED PRIOR TO DECEMBER 29, 1981, FOR HERBICIDE

ERADICATION OF MARIHUANA AND COLOMBIAN ANTI-NARCOTICS ENFORCEMENT

PROGRAM

Section 502(a)(2)-(4) of Pub. L. 97-113 provided that:

"(2) Assistance provided from funds appropriated, before the

enactment of this Act [Dec. 29, 1981], to carry out section 481 of

the Foreign Assistance Act of 1961 [this section] may be made

available for purposes prohibited by subsection (d) of such section

as in effect immediately before the enactment of this subsection

[Dec. 29, 1981].

"(3) Funds appropriated for the fiscal year 1980 to carry out

section 481 of the Foreign Assistance Act of 1961 [this section]

which were obligated for assistance for the Republic of Colombia

may be used for purposes other than those set forth in section

482(a)(2) of that Act [22 U.S.C. 2291a] as in effect immediately

before the enactment of the International Security and Development

Cooperation Act of 1980 [Dec. 16, 1980].

"(4) Paragraphs (2) and (3) of this subsection shall apply only

to the extent provided in advance in an appropriations Act. For

such purpose, the funds described in those paragraphs are

authorized to be made available for the purposes specified in those

paragraphs."

UNITED STATES CITIZENS IMPRISONED IN MEXICO

Section 408 of Pub. L. 94-329, title IV, June 30, 1976, 90 Stat.

759, as amended by Pub. L. 95-384, Sec. 29(b), Sept. 26, 1978, 92

Stat. 747, provided that:

"(a) The Congress, while sharing the concern of the President

over the urgent need for international cooperation to restrict

traffic in dangerous drugs, is convinced that such efforts must be

consistent with respect for fundamental human rights. The Congress,

therefore, calls upon the President to take steps to insure that

United States efforts to secure stringent international law

enforcement measures are combined with efforts to secure fair and

humane treatment for citizens of all countries.

"(b) The Congress requests that the President communicate

directly to the President and Government of the Republic of Mexico,

a nation with which we have friendly and cooperative relations, the

continuing desire of the United States for such relations between

our two countries and the concern of the United States over

treatment of United States citizens arrested in Mexico."

-EXEC-

DELEGATION OF PRESIDENTIAL AUTHORITIES UNDER INTERNATIONAL

NARCOTICS CONTROL ACT OF 1990

Determination of President of the United States, No. 91-20, Jan.

25, 1991, 56 F.R. 8681, provided:

Memorandum for the Secretary of State [and] the Secretary of

Defense

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

the laws of the United States of America, including the provisions

of the International Narcotics Control Act of 1990 (the INCA),

Public Law 101-623 [see Short Title of 1990 Amendment note set out

under section 2151 of this title], and 3 U.S.C. section 301, I

hereby:

(1) Delegate to the Secretary of State the functions conferred

upon me by the following sections of the INCA:

Section 4(a) [Nov. 21, 1990, 104 Stat. 3353]; section 4(e); and,

in consultation with the Secretary of Defense, section 13 [22

U.S.C. 2291h note].

(2) Delegate to the Secretary of Defense the functions conferred

upon me by section 8 of the INCA [set out as a note above].

(3) Delegate to the heads of executive departments and agencies

those functions under the INCA relating to notifications to the

Congress insofar as such functions relate to programs for which

those heads of departments and agencies have responsibilities for

notifications to the Congress under Executive Order No. 12163, as

amended [22 U.S.C. 2381 note]; provided that the heads of

departments and agencies shall consult with the Secretary of State

before exercising the functions delegated by this paragraph with

regard to narcotics-related assistance.

The Secretary of State is authorized and directed to publish this

memorandum in the Federal Register.

George Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151x-2, 2291a, 2291j-1

of this title; title 7 section 1736g-1; title 12 section 635; title

19 section 2492; title 48 sections 1902, 1903.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2291-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291-1. Repealed. Pub. L. 102-583, Sec. 6(e)(2), Nov. 2, 1992,

106 Stat. 4933

-MISC1-

Section, Pub. L. 99-570, title II, Sec. 2013, Oct. 27, 1986, 100

Stat. 3207-66; Pub. L. 100-690, title IV, Sec. 4404, Nov. 18, 1988,

102 Stat. 4276, related to reports and restrictions concerning

major illicit drug producing and major drug-transit countries.

-End-

-CITE-

22 USC Sec. 2291-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291-2. Repealed. Pub. L. 103-447, title I, Sec. 103(b), Nov.

2, 1994, 108 Stat. 4693

-MISC1-

Section, Pub. L. 100-690, title IV, Sec. 4501, Nov. 18, 1988, 102

Stat. 4284; Pub. L. 102-583, Sec. 6(e)(1), Nov. 2, 1992, 106 Stat.

4933, provided for reporting on transfer of United States assets.

-End-

-CITE-

22 USC Sec. 2291-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291-3. Repealed. Pub. L. 102-583, Sec. 6(e)(1), Nov. 2, 1992,

106 Stat. 4933

-MISC1-

Section, Pub. L. 100-690, title IV, Sec. 4601, Nov. 18, 1988, 102

Stat. 4286, provided for the coordination of all United States

anti-narcotics assistance to foreign countries. See section 2291(b)

of this title.

-End-

-CITE-

22 USC Sec. 2291-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291-4. Official immunity for authorized employees and agents

of United States and foreign countries engaged in interdiction of

aircraft used in illicit drug trafficking

-STATUTE-

(a) Employees and agents of foreign countries

Notwithstanding any other provision of law, it shall not be

unlawful for authorized employees or agents of a foreign country

(including members of the armed forces of that country) to

interdict or attempt to interdict an aircraft in that country's

territory or airspace if -

(1) that aircraft is reasonably suspected to be primarily

engaged in illicit drug trafficking; and

(2) the President of the United States has, during the 12-month

period ending on the date of the interdiction, certified to

Congress with respect to that country that -

(A) interdiction is necessary because of the extraordinary

threat posed by illicit drug trafficking to the national

security of that country; and

(B) the country has appropriate procedures in place to

protect against innocent loss of life in the air and on the

ground in connection with interdiction, which shall at a

minimum include effective means to identify and warn an

aircraft before the use of force directed against the aircraft.

(b) Employees and agents of United States

Notwithstanding any other provision of law, it shall not be

unlawful for authorized employees or agents of the United States

(including members of the Armed Forces of the United States) to

provide assistance for the interdiction actions of foreign

countries authorized under subsection (a) of this section. The

provision of such assistance shall not give rise to any civil

action seeking money damages or any other form of relief against

the United States or its employees or agents (including members of

the Armed Forces of the United States).

(c) Annual report

(1) Except as provided in paragraph (2), not later than February

1 each year, the President shall submit to Congress a report on the

assistance provided under subsection (b) of this section during the

preceding calendar year. Each report shall include for the calendar

year covered by such report the following:

(A) A list specifying each country for which a certification

referred to in subsection (a)(2) of this section was in effect

for purposes of that subsection during any portion of such

calendar year, including the nature of the illicit drug

trafficking threat to each such country.

(B) A detailed explanation of the procedures referred to in

subsection (a)(2)(B) of this section in effect for each country

listed under subparagraph (A), including any training and other

mechanisms in place to ensure adherence to such procedures.

(C) A complete description of any assistance provided under

subsection (b) of this section.

(D) A summary description of the aircraft interception activity

for which the United States Government provided any form of

assistance under subsection (b) of this section.

(2) In the case of a report required to be submitted under

paragraph (1) to the congressional intelligence committees (as

defined in section 401a of title 50), the submittal date for such

report shall be as provided in section 415b of title 50.

(3) Each report under paragraph (1) shall be submitted in

unclassified form, but may include a classified annex.

(d) Definitions

For purposes of this section:

(1) The terms "interdict" and "interdiction", with respect to

an aircraft, mean to damage, render inoperative, or destroy the

aircraft.

(2) The term "illicit drug trafficking" means illicit

trafficking in narcotic drugs, psychotropic substances, and other

controlled substances, as such activities are described by any

international narcotics control agreement to which the United

States is a signatory, or by the domestic law of the country in

whose territory or airspace the interdiction is occurring.

(3) The term "assistance" includes operational, training,

intelligence, logistical, technical, and administrative

assistance.

-SOURCE-

(Pub. L. 103-337, div. A, title X, Sec. 1012, Oct. 5, 1994, 108

Stat. 2837; Pub. L. 107-108, title V, Sec. 503, Dec. 28, 2001, 115

Stat. 1405; Pub. L. 107-306, title VIII, Sec. 811(b)(6), Nov. 27,

2002, 116 Stat. 2425.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1995, and not as part of the Foreign Assistance

Act of 1961 which comprises this chapter.

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(1). Pub. L. 107-306, Sec. 811(b)(6)(A),

substituted "Except as provided in paragraph (2), not later than"

for "Not later than".

Subsec. (c)(2), (3). Pub. L. 107-306, Sec. 811(b)(6)(B), (C),

added par. (2) and redesignated former par. (2) as (3).

2001 - Subsec. (a)(2). Pub. L. 107-108, Sec. 503(a), substituted

"has, during the 12-month period ending on the date of the

interdiction, certified to Congress" for ", before the interdiction

occurs, has determined" in introductory provisions.

Subsecs. (c), (d). Pub. L. 107-108, Sec. 503(b), added subsec.

(c) and redesignated former subsec. (c) as (d).

-EXEC-

PRESIDENTIAL DETERMINATIONS RELATING TO INTERDICTION

The President made the determination required by subsec. (a)(2)

of this section for the following countries:

Colombia, Determination No. 95-7, Dec. 1, 1994, 59 F.R. 64835.

Peru, Determination No. 95-9, Dec. 8, 1994, 59 F.R. 65231.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 section 415b.

-End-

-CITE-

22 USC Sec. 2291-5 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291-5. Provision of nonlethal equipment to foreign law

enforcement organizations for cooperative illicit narcotics

control activities

-STATUTE-

(a) In general

(1) Subject to paragraph (2), the Administrator of the Drug

Enforcement Administration, in consultation with the Secretary of

State, may transfer or lease each year nonlethal equipment to

foreign law enforcement organizations for the purpose of

establishing and carrying out cooperative illicit narcotics control

activities.

(2)(A) The Administrator may transfer or lease equipment under

paragraph (1) only if the equipment is not designated as a

munitions item or controlled on the United States Munitions List

pursuant to section 2778 of this title.

(B) The value of each piece of equipment transferred or leased

under paragraph (1) may not exceed $100,000.

(b) Additional requirement

The Administrator shall provide for the maintenance and repair of

any equipment transferred or leased under subsection (a) of this

section.

(c) Notification requirement

Before the export of any item authorized for transfer under

subsection (a) of this section, the Administrator shall provide

written notice to the Committee on Foreign Relations of the Senate

and the Committee on International Relations of the House of

Representatives in accordance with the procedures applicable to

reprogramming notifications under section 2394-1 of this title.

(d) Sense of Congress

It is the sense of Congress that -

(1) all United States law enforcement personnel serving in

Mexico should be accredited the same status under the Vienna

Convention on Diplomatic Immunity as other diplomatic personnel

serving at United States posts in Mexico; and

(2) all Mexican narcotics law enforcement personnel serving in

the United States should be accorded the same diplomatic status

as Drug Enforcement Administration personnel serving in Mexico.

-SOURCE-

(Pub. L. 105-277, div. C, title VIII, Sec. 843, Oct. 21, 1998, 112

Stat. 2681-704.)

-COD-

CODIFICATION

Section was enacted as part of the Western Hemisphere Drug

Elimination Act, and also as part of the Omnibus Consolidated and

Emergency Supplemental Appropriations Act, 1999, and not as part of

the Foreign Assistance Act of 1961 which comprises this chapter.

-End-

-CITE-

22 USC Sec. 2291a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291a. Authorization of appropriations

-STATUTE-

(a) Fiscal year authorization; availability of funds

(1) To carry out the purposes of section 2291 of this title,

there are authorized to be appropriated to the President

$147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year

1994.

(2) Amounts appropriated under this subsection are authorized to

remain available until expended.

(b) Procurement of weapons and ammunition

(1) Prohibition

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

carry out this part shall not be made available for the

procurement of weapons or ammunition.

(2) Exceptions

Paragraph (1) shall not apply with respect to funds for the

procurement of -

(A) weapons or ammunition provided only for the defensive

arming of aircraft used for narcotics-related purposes, or

(B) firearms and related ammunition provided only for

defensive purposes to employees or contract personnel of the

Department of State engaged in activities under this part,

if, at least 15 days before obligating those funds, the President

notifies the appropriate congressional committees in accordance

with the procedures applicable to reprogramming notifications

under section 2394-1 of this title.

(c) Contributions and reimbursement

(1) To ensure local commitment to the activities assisted under

this part, a country receiving assistance under this part should

bear an appropriate share of the costs of any narcotics control

program, project, or activity for which such assistance is to be

provided. A country may bear such costs on an "in kind" basis.

(2)(A) The President is authorized to accept contributions from

foreign governments to carry out the purposes of this part. Such

contributions shall be deposited as an offsetting collection to the

applicable appropriation account and may be used under the same

terms and conditions as funds appropriated pursuant to this part.

(B) At the time of submission of the annual congressional

presentation documents required by section 2394(a) of this title,

the President shall provide a detailed report on any contributions

received in the preceding fiscal year, the amount of such

contributions, and the purposes for which such contributions were

used.

(3) The President is authorized to provide assistance under this

part on a reimbursable basis. Such reimbursements shall be

deposited as an offsetting collection to the applicable

appropriation and may be used under the same terms and conditions

as funds appropriated pursuant to this part.

(d) Administrative assistance

(1) Except as provided in paragraph (2), personnel funded

pursuant to this section are authorized to provide administrative

assistance to personnel assigned to the bureau designated by the

Secretary of State to replace the Bureau for International

Narcotics Matters.

(2) Paragraph (1) shall not apply to the extent that it would

result in a reduction in funds available for antinarcotics

assistance to foreign countries.

(e) Advance notification of transfer of seized assets

The President shall notify the appropriate congressional

committees at least 10 days prior to any transfer by the United

States Government to a foreign country for narcotics control

purposes of any property or funds seized by or otherwise forfeited

to the United States Government in connection with

narcotics-related activity.

(f) Treatment of funds

Funds transferred to and consolidated with funds appropriated

pursuant to this part may be made available on such terms and

conditions as are applicable to funds appropriated pursuant to this

part. Funds so transferred or consolidated shall be apportioned

directly to the bureau within the Department of State responsible

for administering this part.

(g) Excess property

For purposes of this part, the Secretary of State may use the

authority of section 2358 of this title, without regard to the

restrictions of such section, to receive nonlethal excess property

from any agency of the United States Government for the purpose of

providing such property to a foreign government under the same

terms and conditions as funds authorized to be appropriated for the

purposes of this part.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 482, as added Pub. L. 92-352, title V,

Sec. 503, July 13, 1972, 86 Stat. 497; amended Pub. L. 93-189, Sec.

11(b), Dec. 17, 1973, 87 Stat. 720; Pub. L. 94-329, title V, Sec.

504(a), June 30, 1976, 90 Stat. 764; Pub. L. 95-92, Sec. 3, Aug. 4,

1977, 91 Stat. 614; Pub. L. 95-384, Sec. 5, Sept. 26, 1978, 92

Stat. 731; Pub. L. 96-92, Sec. 3(a), Oct. 29, 1979, 93 Stat. 701;

Pub. L. 96-533, title IV, Sec. 402(a), (b), Dec. 16, 1980, 94 Stat.

3149; Pub. L. 97-113, title V, Sec. 502(c), Dec. 29, 1981, 95 Stat.

1539; Pub. L. 99-83, title VI, Secs. 602, 608, 614, Aug. 8, 1985,

99 Stat. 228, 229, 231; Pub. L. 99-529, title IV, Sec. 401, Oct.

24, 1986, 100 Stat. 3019; Pub. L. 99-570, title II, Sec. 2002, Oct.

27, 1986, 100 Stat. 3207-60; Pub. L. 100-690, title IV, Sec. 4201,

Nov. 18, 1988, 102 Stat. 4267; Pub. L. 101-231, Secs. 16, 17(g),

Dec. 13, 1989, 103 Stat. 1964, 1965; Pub. L. 102-583, Secs. 3,

4(e), 6(b)(4), Nov. 2, 1992, 106 Stat. 4914, 4915, 4932; Pub. L.

103-236, title I, Sec. 164(a), Apr. 30, 1994, 108 Stat. 411; Pub.

L. 103-447, title I, Sec. 101(c), Nov. 2, 1994, 108 Stat. 4692;

Pub. L. 104-164, title I, Sec. 131(b), (c), July 21, 1996, 110

Stat. 1429.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-164, Sec. 131(b), substituted

"Contributions and reimbursement" for "Contribution by recipient

country" in heading, redesignated existing provisions as par. (1),

and added pars. (2) and (3).

Subsecs. (f), (g). Pub. L. 104-164, Sec. 131(c), added subsecs.

(f) and (g).

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

Subsec. (e). Pub. L. 103-447 added subsec. (e).

1992 - Subsec. (a)(1). Pub. L. 102-583, Sec. 3, substituted

"$147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year

1994" for "$115,000,000 for fiscal year 1990".

Subsec. (b). Pub. L. 102-583, Sec. 4(e), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "Funds

authorized to be appropriated by this section shall not be made

available for the procurement of weapons or ammunition under this

part."

Subsecs. (c), (d). Pub. L. 102-583, Sec. 6(b)(4), redesignated

subsec. (d) as (c) and struck out former subsec. (c) which read as

follows: "Notwithstanding section 1306 of title 31, section 508 of

the General Government Matters, Department of Commerce, and Related

Agencies Appropriation Act, 1962, and section 1705 of title 7, up

to the equivalent of $10,000,000 in currencies or credits of the

Government of Pakistan held by the United States shall, to such

extent as may be provided in an appropriation Act, be available to

the President for the fiscal year 1981 (and shall remain available

until expended) to carry out the purposes of section 2291 of this

title through assistance to the Government of Pakistan.

Notwithstanding any other provision of law, the availability or

expenditure of such foreign currencies shall not affect or reduce

appropriations otherwise available to carry out the administration

of the international narcotics control program."

1989 - Subsec. (a)(1). Pub. L. 101-231, Sec. 16, substituted

"$115,000,000 for fiscal year 1990" for "$101,000,000 for fiscal

year 1989".

Subsec. (d). Pub. L. 101-231, Sec. 17(g), inserted "Contribution

by recipient country" as heading and amended text generally. Prior

to amendment, text read as follows: "Assistance may be provided

under this part to a foreign country only if the country provides

assurances to the President, and the President is satisfied, that

the country will provide at least 25 percent of the costs of any

narcotics control program, project, or activity for which such

assistance is to be provided. The costs borne by the country may

include 'in-kind' contributions."

1988 - Subsec. (a). Pub. L. 100-690 added par. (1) and struck out

former pars. (1) and (3) which related to authorization for fiscal

years 1986 and 1987, and to contribution to United Nations Fund for

Drug Abuse Control.

1986 - Subsec. (a)(1). Pub. L. 99-570, Sec. 2002(1), which

directed that "$75,445,000 for the fiscal year 1987" be substituted

for "$57,529,000 for the fiscal year 1987", was executed by making

the substitution for "$65,445,000 for the fiscal year 1987" to

reflect the probable intent of Congress and the intervening

amendment by Pub. L. 99-529. See Amendment note for Pub. L. 99-529

below.

Pub. L. 99-570, Sec. 2002(2), inserted provisions that if the

President submits a detailed plan for use of the money, an

additional $45,000,000 may be appropriated to carry out the purpose

of section 2291 of this title, of which at least $10,000,000 shall

be used primarily for helicopters or other aircraft based in Latin

America for use for narcotics control, eradication, and

interdiction efforts throughout the region.

Pub. L. 99-529, which directed the substitution of "$65,445,000

for the fiscal year 1987" for "$57,529,000 for the fiscal year

1987", was executed by substituting the new phrase for "$57,529,000

for fiscal year 1987" to reflect the probable intent of Congress.

1985 - Subsec. (a)(1). Pub. L. 99-83, Sec. 602, amended par. (1)

generally, substituting provisions authorizing appropriations of

$57,529,000 for fiscal years 1986 and 1987, for provisions

authorizing appropriations of $37,700,000 for fiscal years 1982 and

1983.

Subsec. (a)(3). Pub. L. 99-83, Sec. 614, added par. (3).

Subsec. (d). Pub. L. 99-83, Sec. 608, added subsec. (d).

1981 - Subsec. (a). Pub. L. 97-113, in par. (1), substituted

appropriations authorization of $37,700,000 for fiscal years 1982

and 1983 for appropriation of $38,573,000 for fiscal year 1981,

redesignated par. (3) as (2), and deleted former par. (2) which

limited the contribution to the United Nations Fund for Drug Abuse

Control from fiscal year 1981 appropriated funds to lesser of

$3,000,000 or 50 percent of the total contributions by all

countries to such Fund for the calendar year with respect to which

the United States contribution is made.

1980 - Subsec. (a). Pub. L. 96-533, Sec. 402(a), in par. (1),

substituted appropriations authorization of $38,573,000 for fiscal

year 1981 for such authorization of $51,758,000 for fiscal year

1980, redesignated as par. (3) as (2), substituting therein "1981"

and "50 percent" for "1980" and "25 percent", and deleted former

par. (2) authorization of $16,000,000 for interdiction of drug

traffic by Republic of Colombia to be used only for helicopters,

patrol vessels, fixed radar equipment, transport vehicles, fuel,

and for training personnel, and redesignated par. (4) as (3).

Subsec. (c). Pub. L. 96-533, Sec. 402(b), added subsec. (c).

1979 - Subsec. (a)(1). Pub. L. 96-92 designated existing

provisions as par. (1), substituted appropriations authorization of

$51,758,000 for fiscal year 1980 for authorization of $40,000,000

for fiscal year 1979, and designated provision respecting

availability of funds as par. (4).

Subsec. (a)(2), (3). Pub. L. 96-92 added pars. (2) and (3).

Subsec. (a)(4). Pub. L. 96-92 designated existing provision

respecting availability of funds as par. (4) and substituted

"subsection" for "section".

1978 - Pub. L. 95-384 designated existing provisions as subsec.

(a), substituted "$40,000,000 for the fiscal year 1979" for

"$39,000,000 for the fiscal year 1978", and added subsec. (b).

1977 - Pub. L. 95-92 substituted provisions authorizing

appropriations for fiscal year 1978 and providing for availability

of amounts appropriated until expended, for provisions authorizing

appropriations for fiscal years 1974 through 1977, provisions

prohibiting obligation of appropriation for fiscal year 1976 for

any country illegally trafficking in opiates unless such

appropriation aids in reducing the amount of illegal opiates

entering the international market, and provisions authorizing

availability of amounts appropriated until expended.

1976 - Pub. L. 94-329 inserted provision that authorized

$40,000,000 for the fiscal year 1976, no part of which can be

obligated to any country where illegal opiate traffic is a

significant problem unless the President certifies in writing to

the Speaker of the House and chairman of the Senate Committee on

Foreign Relations that the assistance furnished is significantly

the amount of illegal opiates entering the international market,

and authorized $34,000,000 for the fiscal year 1977.

1973 - Pub. L. 93-189 substituted "$42,500,000 for each of the

fiscal years 1974 and 1975. Amounts appropriated under this section

are authorized to remain available until expended", for

"$42,500,000 for the fiscal year 1973, which amount is authorized

to remain available until expended".

EFFECTIVE DATE OF 1985 AMENDMENT

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

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

this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

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

out as a note under section 2381 of this title.

-MISC2-

COLOMBIAN ANTI-NARCOTICS ENFORCEMENT PROGRAM

Section 402(c) of Pub. L. 96-533 provided: "Notwithstanding the

provisions of section 482(a)(2) of the Foreign Assistance Act of

1961 [subsec. (a)(2) of this section] as in effect immediately

prior to the enactment of this Act [Dec. 16, 1980], funds

appropriated for the fiscal year 1980 to carry out the purposes of

section 481 of that Act [section 2291 of this title] which were

obligated for assistance for Colombia may be used for fixed-wing

aircraft, communications equipment, and such other equipment and

operational support, including aviation services, as are essential

to the Colombian anti-narcotics enforcement program."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2291, 2420 of this title.

-End-

-CITE-

22 USC Sec. 2291b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291b. Prohibition on use of foreign assistance for

reimbursements for drug crop eradications

-STATUTE-

Funds made available to carry out this chapter may not be used to

reimburse persons whose illicit drug crops are eradicated.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 483, as added Pub. L. 99-83, title VI,

Sec. 609, Aug. 8, 1985, 99 Stat. 230.)

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

out under section 2151 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 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. 2291c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291c. Requirements relating to aircraft and other equipment

-STATUTE-

(a) Retention of title to aircraft

(1) In general

(A) Except as provided in paragraph (2), any aircraft made

available to a foreign country under this part, or made available

to a foreign country primarily for narcotics-related purposes

under any other provision of law, shall be provided only on a

lease or loan basis.

(B) Subparagraph (A) applies to aircraft made available at any

time after October 27, 1986 (which was the date of enactment of

the International Narcotics Control Act of 1986).

(2) Exceptions

(A) Paragraph (1) shall not apply to the extent that -

(i) the application of that paragraph with respect to

particular aircraft would be contrary to the national interest

of the United States; and

(ii) the President notifies the appropriate congressional

committees in accordance with the procedures applicable to

reprogramming notifications under section 2394-1 of this title.

(B) Paragraph (1) does not apply with respect to aircraft made

available to a foreign country under any provision of law that

authorizes property that has been civilly or criminally forfeited

to the United States to be made available to foreign countries.

(3) Assistance for leasing of aircraft

(A) For purposes of satisfying the requirement of paragraph

(1), funds made available for the "Foreign Military Financing

Program" under section 23 of the Arms Export Control Act [22

U.S.C. 2763] may be used to finance the leasing of aircraft under

chapter 6 of that Act [22 U.S.C. 2796 et seq.].

(B) Section 61(a)(3) (!1) of that Act [22 U.S.C. 2796(a)(3)]

shall not apply with respect to leases so financed; rather the

entire cost of any such lease (including any renewals) shall be

an initial, one time payment of the amount which would be the

sales price for the aircraft if they were sold under section

21(a)(1)(B) or section 22 of that Act [22 U.S.C. 2761(a)(1)(B),

2762] (as appropriate).

(C) To the extent that aircraft so leased were acquired under

chapter 5 of that Act [22 U.S.C. 2795 et seq.], funds used

pursuant to this paragraph to finance such leases shall be

credited to the Special Defense Acquisition Fund under chapter 5

of that Act (excluding the amount of funds that reflects the

charges described in section 21(e)(1) of that Act [22 U.S.C.

2761(e)(1)]). The funds described in the parenthetical clause of

the preceding sentence shall be available for payments consistent

with sections 37(a) and 43(b) of that Act [22 U.S.C. 2777(a),

2792(b)].

(b) Permissible uses of aircraft and other equipment

The President shall take all reasonable steps to ensure that

aircraft and other equipment made available to foreign countries

under this part are used only in ways that are consistent with the

purposes for which such equipment was made available.

(c) Reports

In the reports submitted pursuant to section 2291h(a) of this

title, the President shall discuss -

(1) any evidence indicating misuse by a foreign country of

aircraft or other equipment made available under this part, and

(2) the actions taken by the United States Government to

prevent future misuse of such equipment by that foreign country.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 484, as added Pub. L. 99-570, title

II, Sec. 2003, Oct. 27, 1986, 100 Stat. 3207-61; amended Pub. L.

101-623, Sec. 7, Nov. 21, 1990, 104 Stat. 3355; Pub. L. 102-583,

Sec. 4(f)(1), (2)(D), Nov. 2, 1992, 106 Stat. 4916, 4917.)

-REFTEXT-

REFERENCES IN TEXT

The Arms Export Control Act, referred to in subsec. (a)(3), is

Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapters

5 and 6 of the Act are classified generally to subchapters V (Sec.

2795 et seq.) and VI (Sec. 2796 et seq.), respectively, of chapter

39 of this title. Section 61(a)(3) of the Act was redesignated

section 61(a)(4), and a new section 61(a)(3) was added, by Pub. L.

103-236, title VII, Sec. 731(e)(2), (3), Apr. 30, 1994, 108 Stat.

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

Title note set out under section 2751 of this title and Tables.

-COD-

CODIFICATION

The text of subsecs. (a) and (b) of section 2291h of this title,

which were redesignated as subsecs. (b) and (c) of this section by

Pub. L. 102-583, Sec. 4(f)(2)(D), was based on section 489(a) and

(b) of Pub. L. 87-195, pt. I, as added Pub. L. 100-690, title IV,

Sec. 4507, Nov. 18, 1988, 102 Stat. 4286; amended Pub. L. 102-583,

Sec. 4(f)(2)(B), (C), Nov. 2, 1992, 106 Stat. 4917.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-583, Sec. 4(f)(1), amended section generally,

substituting subsec. (a) for former text which read as follows:

"Any aircraft which, at any time after October 27, 1986, are made

available to a foreign country under this part, or are made

available to a foreign country primarily for narcotics-related

purposes under any other provision of law, shall be provided only

on a lease or loan basis. The requirement of this section does not

apply with respect to aircraft made available to a foreign country

under section 635(b)(6)(B) of title 12 or under any provision of

law that authorizes property that has been civilly or criminally

forfeited to the United States to be made available to foreign

countries."

Subsecs. (b), (c). Pub. L. 102-583, Sec. 4(f)(2)(D), redesignated

subsecs. (a) and (b) of section 2291h of this title as subsecs. (b)

and (c), respectively, of this section. See Codification note

above.

1990 - Pub. L. 101-623 inserted at end "The requirement of this

section does not apply with respect to aircraft made available to a

foreign country under section 635(b)(6)(B) of title 12 or under any

provision of law that authorizes property that has been civilly or

criminally forfeited to the United States to be made available to

foreign countries."

-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-

TRAINING OF HOST COUNTRY PILOTS

Pub. L. 101-623, Sec. 13, Nov. 21, 1990, 104 Stat. 3356, provided

that:

"(a) Instruction Program. - Not less than 90 days after the date

of enactment of this Act [Nov. 21, 1990], the President shall

implement, under chapter 8 of part I of the Foreign Assistance Act

of 1961 (22 U.S.C. 2291 and following; relating to international

narcotics control assistance), a detailed program of instruction to

train host country pilots, and other flight crew members, to fly

host country aircraft involved in counternarcotics efforts in

Andean countries. Such program shall be designed to eliminate

direct participation of the United States Government (including

participation through the use of either direct hire or contract

personnel) in the operation of such aircraft.

"(b) Requirement for Replacement of United States Government

Pilots by Host Country Pilots. - The President shall ensure that,

within 18 months after the date of enactment of this Act [Nov. 21,

1990], flight crews composed of host country personnel replace all

United States Government pilots and other flight crew members

(including both direct hire or contract personnel) for host country

aircraft involved in airborne counternarcotics operations in the

Andean countries.

"(c) Aircraft Subject to Requirements. - As used in this section,

the term 'host country aircraft' means any aircraft made available

to an Andean country by the United States Government under chapter

8 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2291

et seq.], or any other provision of law, for use by that country

for narcotics-related purposes."

[Functions of President under section 13 of Pub. L. 101-623, set

out above, delegated to Secretary of State in consultation with

Secretary of Defense by Determination of President of the United

States, No. 91-20, Jan. 25, 1991, 56 F.R. 8681, set out as a note

under section 2291 of this title.]

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2291d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291d. Records of aircraft use

-STATUTE-

(a) Requirement to maintain records

The President shall maintain detailed records on the use of any

aircraft made available to a foreign country under this part,

including aircraft made available before October 27, 1986.

(b) Congressional access to records

The President shall make the records maintained pursuant to

subsection (a) of this section available to the Congress upon a

request of the Chairman of the Committee on Foreign Affairs of the

House of Representatives or the Chairman of the Committee on

Foreign Relations of the Senate.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 485, as added Pub. L. 99-570, title

II, Sec. 2003, Oct. 27, 1986, 100 Stat. 3207-61; amended Pub. L.

102-583, Sec. 4(f)(3), Nov. 2, 1992, 106 Stat. 4917.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-583 substituted "President" for "Secretary of

State" in subsecs. (a) and (b).

-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.

-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. 2291e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291e. Reallocation of funds withheld from countries which

fail to take adequate steps to halt illicit drug production or

trafficking

-STATUTE-

If any funds authorized to be appropriated for any fiscal year

for assistance under this chapter are not used for assistance for

the country for which those funds were allocated because of the

requirements of section 2291j of this title or any other provision

of law requiring the withholding of assistance for countries that

have not taken adequate steps to halt illicit drug production or

trafficking, the President shall use those funds for additional

assistance for those countries which have met their illicit drug

eradication targets or have otherwise taken significant steps to

halt illicit drug production or trafficking, as follows:

(1) International narcotics control assistance

Those funds may be transferred to and consolidated with the

funds appropriated to carry out this part in order to provide

additional narcotics control assistance for those countries.

Funds transferred under this paragraph may only be used to

provide increased funding for activities previously justified to

the Congress. Transfers may be made under this paragraph without

regard to the 20-percent increase limitation contained in section

2360(a) of this title. This paragraph does not apply with respect

to funds made available for assistance under the Arms Export

Control Act [22 U.S.C. 2751 et seq.].

(2) Other assistance

Any such funds not used under paragraph (1) shall be

reprogrammed within the account for which they were appropriated

(subject to the regular reprogramming procedures under section

2394-1 of this title) in order to provide additional assistance

for those countries.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 486, as added Pub. L. 100-690, title

IV, Sec. 4206(a), Nov. 18, 1988, 102 Stat. 4270; amended Pub. L.

102-583, Sec. 6(b)(5), Nov. 2, 1992, 106 Stat. 4932; Pub. L.

103-447, title I, Sec. 101(d), Nov. 2, 1994, 108 Stat. 4692.)

-REFTEXT-

REFERENCES IN TEXT

The Arms Export Control Act, referred to in par. (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-

AMENDMENTS

1994 - Pub. L. 103-447 struck out subsec. (a) designation and

heading which read "Additional assistance for countries taking

significant steps", substituted "assistance under this chapter" for

"security assistance" in provisions before par. (1), "Other

assistance" for "Security assistance" in par. (2) heading, and

"additional assistance" for "additional security assistance" in

par. (2) text, and struck out heading and text of subsec. (b). Text

read as follows: "As used in this section, the term 'security

assistance' means assistance under part II of subchapter II of this

chapter (relating to the grant military assistance program), part

IV of subchapter II of this chapter (relating to the Economic

Support Fund), part V of subchapter II of this chapter (relating to

international military education and training), or the Arms Export

Control Act (relating to the 'Foreign Military Financing

Program')."

1992 - Subsec. (a). Pub. L. 102-583, Sec. 6(b)(5)(A), substituted

"section 2291j of this title" for "section 2291(h) of this title".

Subsec. (b). Pub. L. 102-583, Sec. 6(b)(5)(B), substituted

"(relating to the 'Foreign Military Financing Program')" for

"(relating to foreign military sales financing)".

-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-

SUPERSEDURE OF FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED

PROGRAMS APPROPRIATIONS ACT, 1989

Section 4206(b) of Pub. L. 100-690, which provided that the

enactment of this section superseded section 578(d) of Pub. L.

100-461, 102 Stat. 2268-46, and that funds could be transferred

under subsec. (a)(1) of this section notwithstanding section 514 of

Pub. L. 100-461, 102 Stat. 2268-23, was repealed by Pub. L.

102-583, Sec. 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.

-End-

-CITE-

22 USC Sec. 2291f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291f. Prohibition on assistance to drug traffickers

-STATUTE-

(a) Prohibition

The President shall take all reasonable steps to ensure that

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

U.S.C. 2751 et seq.] is not provided to or through any individual

or entity that the President knows or has reason to believe -

(1) has been convicted of a violation of, or a conspiracy to

violate, any law or regulation of the United States, a State or

the District of Columbia, or a foreign country relating to

narcotic or psychotropic drugs or other controlled substances; or

(2) is or has been an illicit trafficker in any such controlled

substance or is or has been a knowing assistor, abettor,

conspirator, or colluder with others in the illicit trafficking

in any such substance.

(b) Regulations

The President shall issue regulations specifying the steps to be

taken in carrying out this section.

(c) Congressional review of regulations

Regulations issued pursuant to subsection (b) of this section

shall be submitted to the Congress before they take effect.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 487, as added Pub. L. 100-690, title

IV, Sec. 4503, Nov. 18, 1988, 102 Stat. 4285; amended Pub. L.

102-583, Sec. 6(b)(6), Nov. 2, 1992, 106 Stat. 4932; Pub. L.

103-447, title I, Sec. 101(e), Nov. 2, 1994, 108 Stat. 4692.)

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

out under section 2151 of this title and Tables.

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

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

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

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

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

Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-447 inserted "to" after

"relating".

1992 - Subsec. (a)(1). Pub. L. 102-583 struck out "(as defined in

section 2291(i)(3) of this title)" after "controlled substances".

-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 7551 of this title.

-End-

-CITE-

22 USC Sec. 2291g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291g. Limitations on acquisition of real property and

construction of facilities

-STATUTE-

(a) Acquisition of real property

(1) Prohibition

Funds made available to carry out this part may not be used to

acquire (by purchase or other means) any land or other real

property for use by foreign military, paramilitary, or law

enforcement forces.

(2) Exception for certain leases

Paragraph (1) shall not apply to the acquisition of real

property by lease of a duration not to exceed 2 years.

(b) Construction of facilities

(1) Limitation

Funds made available to carry out this part may not be used for

construction of facilities for use by foreign military,

paramilitary, or law enforcement forces unless, at least 15 days

before obligating funds for such construction, the President

notifies the appropriate congressional committees in accordance

with procedures applicable to reprogramming notifications under

section 2394-1 of this title.

(2) Exception

Paragraph (1) shall not apply to the construction of facilities

which would require the obligation of less than $750,000 under

this part.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 488, as added Pub. L. 100-690, title

IV, Sec. 4505, Nov. 18, 1988, 102 Stat. 4285; amended Pub. L.

102-583, Sec. 4(g), Nov. 2, 1992, 106 Stat. 4917; Pub. L. 107-228,

div. A, title VI, Sec. 671(3), Sept. 30, 2002, 116 Stat. 1407.)

-MISC1-

AMENDMENTS

2002 - Subsec.(a)(3). Pub. L. 107-228 struck out heading and text

of par. (3). Text read as follows: "The Secretary of State shall

provide to the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the

Senate within 30 days after the end of each quarter of the fiscal

year a detailed report on all leases entered into pursuant to

paragraph (2), including the cost and duration of such lease, a

description of the property leased, and the purpose for which such

lease was entered into."

1992 - Pub. L. 102-583 amended section generally. Prior to

amendment, section read as follows: "Funds made available to carry

out this part may not be used to acquire (by purchase, lease, or

other means) any real property for use by foreign military,

paramilitary, or law enforcement forces".

-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. 2291h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291h. Reporting requirements

-STATUTE-

(a) International narcotics control strategy report

Not later than March 1 of each year, the President shall transmit

to the Speaker of the House of Representatives, and to the

Committee on Foreign Relations of the Senate, a report containing

the following:

(1) For each country that received assistance under this part

for either of the 2 preceding fiscal years, a report on the

extent to which the country has -

(A) met the goals and objectives of the United Nations

Convention Against Illicit Traffic in Narcotic Drugs and

Psychotropic Substances, including action on such issues as

illicit cultivation, production, distribution, sale, transport,

and financing, and money laundering, asset seizure,

extradition, mutual legal assistance, law enforcement and

transit cooperation, precursor chemical control, and demand

reduction;

(B) accomplished the goals described in an applicable

bilateral narcotics agreement with the United States or a

multilateral agreement; and

(C) taken legal and law enforcement measures to prevent and

punish public corruption, especially by senior government

officials, that facilitates the production, processing, or

shipment of narcotic and psychotropic drugs and other

controlled substances, or that discourages the investigation or

prosecution of such acts.

(2)(A) A description of the policies adopted, agreements

concluded, and programs implemented by the Department of State in

pursuit of its delegated responsibilities for international

narcotics control, including appropriate information on the

status of negotiations between the United States and other

countries on updated extradition treaties, mutual legal

assistance treaties, precursor chemical controls, money

laundering, and agreements pursuant to section 2015 of the

International Narcotics Act of 1986 (relating to interdiction

procedures for vessels of foreign registry).

(B) Information on multilateral and bilateral strategies with

respect to money laundering pursued by the Department of State,

the Department of Justice, the Department of the Treasury, and

other relevant United States Government agencies, either

collectively or individually, to ensure the cooperation of

foreign governments with respect to narcotics-related money

laundering and to demonstrate that all United States Government

agencies are pursuing a common strategy with respect to major

money laundering countries. The report shall include specific

detail to demonstrate that all United States Government agencies

are pursuing a common strategy with respect to achieving

international cooperation against money laundering and are

pursuing a common strategy with respect to major money laundering

countries, including a summary of United States objectives on a

country-by-country basis.

(3) The identity of those countries which are -

(A) major illicit drug producing countries or major

drug-transit countries as determined under section 2291j(h) of

this title;

(B) major sources of precursor chemicals used in the

production of illicit narcotics; or

(C) major money laundering countries.

(4) In addition, for each country identified pursuant to

paragraph (3), the following:

(A) A description of the plans, programs, and timetables

adopted by such country, including efforts to meet the

objectives of the United Nations Convention Against Illicit

Traffic in Narcotic Drugs and Psychotropic Substances, and a

discussion of the adequacy of the legal and law enforcement

measures taken and the accomplishments achieved in accord with

those plans.

(B) Whether as a matter of government policy or practice,

such country encourages or facilitates the illicit production

or distribution of narcotic or psychotropic drugs or other

controlled substances or the laundering of proceeds from

illegal drug transactions; and whether any senior official of

the government of such country engages in, encourages, or

facilitates the illicit production or distribution of such

drugs or substances, or the laundering of proceeds from illegal

drug transactions.

(5) In addition, for each country identified pursuant to

paragraph (3)(A) or (3)(B), a detailed status report, with such

information as can be reliably obtained, on the narcotic or

psychotropic drugs or other controlled substances which are being

cultivated, produced, or processed in or transported through such

country, noting significant changes in conditions, such as

increases or decreases in the illicit cultivation and manufacture

of and traffic in such drugs and substances.

(6) In addition, for those countries identified pursuant to

paragraph (3)(C) -

(A) which countries are parties to international agreements

on a method for maintaining records of transactions of an

established list of precursor and essential chemicals;

(B) which countries have established a procedure by which

such records may be made available to United States law

enforcement authorities; and

(C) which countries have enacted national chemical control

legislation which would impose specific recordkeeping and

reporting requirements for listed chemicals, establish a system

of permits or declarations for imports and exports of listed

chemicals, and authorize government officials to seize or

suspend shipments of listed chemicals.

(7) In addition, for those countries identified pursuant to

paragraph (3)(D) the following:

(A)(i) Which countries have financial institutions engaging

in currency transactions involving international narcotics

trafficking proceeds that include significant amounts of United

States currency or currency derived from illegal drug sales in

the United States or that otherwise significantly affect the

United States;

(ii) which countries identified pursuant to clause (i) have

not reached agreement with the United States authorities on a

mechanism for exchanging adequate records in connection with

narcotics investigations and proceedings; and

(iii) which countries identified pursuant to clause (ii) -

(I) are negotiating in good faith with the United States to

establish such a record-exchange mechanism, or

(II) have adopted laws or regulations that ensure the

availability to appropriate United States Government

personnel and those of other governments of adequate records

in connection with narcotics investigations and proceedings.

(B) Which countries -

(i) have ratified the United Nations Convention Against

Illicit Traffic in Narcotic Drugs and Psychotropic Substances

and are taking steps to implement that Convention and other

applicable agreements and conventions such as the

recommendations of the Financial Action Task Force, the

policy directive of the European Community, the legislative

guidelines of the Organization of American States, and other

similar declarations; and

(ii) have entered into bilateral agreements for the

exchange of information on money-laundering with countries

other than the United States.

(C) Findings on each country's adoption of law and

regulations considered essential to prevent narcotics-related

money laundering. Such findings shall include whether a country

has -

(i) criminalized narcotics money laundering;

(ii) required banks and other financial institutions to

know and record the identity of customers engaging in

significant transactions, including the recording of large

currency transactions at thresholds appropriate to that

country's economic situation;

(iii) required banks and other financial institutions to

maintain, for an adequate time, records necessary to

reconstruct significant transactions through financial

institutions in order to be able to respond quickly to

information requests from appropriate government authorities

in narcotics-related money laundering cases;

(iv) required or allowed financial institutions to report

suspicious transactions;

(v) established systems for identifying, tracing, freezing,

seizing, and forfeiting narcotics-related assets;

(vi) enacted laws for the sharing of seized narcotics

assets with other governments;

(vii) cooperated, when requested, with appropriate law

enforcement agencies of other governments investigating

financial crimes related to narcotics; and

(viii) addressed the problem on international

transportation of illegal-source currency and monetary

instruments.

The report shall also detail instances of refusals to cooperate

with foreign governments, and any actions taken by the United

States Government and any international organization to address

such obstacles, including the imposition of sanctions or

penalties.

(b) Annual reports on assistance

(1) In general

At the time that the report required by subsection (a) of this

section is submitted 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 provided or proposed to be provided by the United

States Government during the preceding fiscal year, the current

fiscal year, and the next fiscal year to support international

efforts to combat illicit narcotics production or trafficking.

(2) Information to be included

Each report pursuant to this subsection shall -

(A) specify the amount and nature of the assistance provided

or to be provided;

(B) include, for each country identified in subsection

(a)(3)(A) of this section, information from the Drug

Enforcement Administration, the Customs Service, and the Coast

Guard describing in detail -

(i) the assistance provided or to be provided to such

country by that agency, and

(ii) the assistance provided or to be provided to that

agency by such country,

with respect to narcotic control efforts during the preceding

fiscal year, the current fiscal year, and the next fiscal year;

and

(C) list all transfers, which were made by the United States

Government during the preceding fiscal year, to a foreign

country for narcotics control purposes of any property seized

by or otherwise forfeited to the United States Government in

connection with narcotics-related activity, including an

estimate of the fair market value and physical condition of

each item of property transferred.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 489, as added Pub. L. 102-583, Sec.

5(a), Nov. 2, 1992, 106 Stat. 4917; amended Pub. L. 103-447, title

I, Sec. 101(f)(1), Nov. 2, 1994, 108 Stat. 4692; Pub. L. 104-66,

title I, Sec. 1112(c), Dec. 21, 1995, 109 Stat. 724.)

-REFTEXT-

REFERENCES IN TEXT

Section 2015 of the International Narcotics Act of 1986, referred

to in subsec. (a)(2)(A), probably means section 2015 of the

International Narcotics Control Act of 1986, Pub. L. 99-570, which

is set out as a note under section 1902 of Title 46, Appendix,

Shipping.

-MISC1-

PRIOR PROVISIONS

A prior section 2291h, Pub. L. 87-195, pt. I, Sec. 489, as added

Pub. L. 100-690, title IV, Sec. 4507, Nov. 18, 1988, 102 Stat.

4286, related to permissible uses of aircraft and other equipment,

prior to amendment by Pub. L. 102-583, Sec. 4(f)(2), Nov. 2, 1992,

106 Stat. 4917, which also transferred subsecs. (a) and (b) to

section 2291c(b) and (c) of this title, respectively, and repealed

the designation, heading, and subsecs. (c) and (d).

AMENDMENTS

1995 - Pub. L. 104-66, Sec. 1112(c)(1), struck out "for fiscal

year 1995" after "Reporting requirements" in section catchline.

Subsec. (c). Pub. L. 104-66, Sec. 1112(c)(2), struck out heading

and text of subsec. (c). Text read as follows: "This section

applies only during fiscal year 1995. Section 2291i of this title

does not apply during that fiscal year."

1994 - Pub. L. 103-447, Sec. 101(f)(1)(A), substituted "for

fiscal year 1995" for "for fiscal years 1993 and 1994" in section

catchline.

Subsec. (a). Pub. L. 103-447, Sec. 101(f)(1)(B)(i), substituted

"March 1" for "April 1" in introductory provisions.

Subsec. (a)(3)(B) to (D). Pub. L. 103-447, Sec. 101(f)(1)(B)(ii),

redesignated subpars. (C) and (D) as (B) and (C), respectively, and

struck out former subpar. (B) which read as follows: "the

significant direct or indirect sources of narcotics and

psychotropic drugs and other controlled substances significantly

affecting the United States;".

Subsec. (c). Pub. L. 103-447, Sec. 101(f)(1)(D), (E),

redesignated subsec. (d) as (c) and amended heading and text

generally. Prior to amendment, text read as follows: "This section

applies only during fiscal years 1993 and 1994. Section 2291i of

this title does not apply during those fiscal years."

Pub. L. 103-447, Sec. 101(f)(1)(C), struck out heading and text

of subsec. (c). Text read as follows: "As used in this section -

"(1) the term 'precursor chemical' has the same meaning as the

term 'listed chemical' has under paragraph (33) of section 802 of

title 21; and

"(2) the term 'major money laundering country' means a country

whose financial institutions engage in currency transactions

involving significant amounts of proceeds from international

narcotics trafficking."

Subsec. (d). Pub. L. 103-447, Sec. 101(f)(1)(D), redesignated

subsec. (d) as (c).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 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.

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-

STATUTORY REFERENCES TO ANNUAL REPORTS, CERTIFICATIONS, AND

DEFINITIONS

Section 6(a) of Pub. L. 102-583 provided that after Sept. 30,

1994, any reference in any provision of law to section 2291h or

2291j of this title would be deemed a reference to the

corresponding provision of section 2291i or 2291k of this title,

respectively, unless the context required otherwise; any reference

in any provision of law enacted before Nov. 2, 1992, to section

2291(e) or (i) of this title be deemed a reference to section 2291h

or 2291(e) of this title, respectively; and that any reference in

any provision of law enacted before Nov. 2, 1992, to section

2291(h) of this title be deemed, as of Oct. 1, 1992, to be a

reference to section 2291j of this title, prior to repeal by Pub.

L. 103-447, title I, Sec. 103(a), Nov. 2, 1994, 108 Stat. 4693.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2291, 2291c, 2291j,

2291j-1 of this title; title 19 sections 2492, 2494.

-End-

-CITE-

22 USC Sec. 2291i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291i. Repealed. Pub. L. 104-66, title I, Sec. 1112(a), Dec.

21, 1995, 109 Stat. 723

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 489A, as added Pub. L.

102-583, Sec. 5(a), Nov. 2, 1992, 106 Stat. 4921; amended Pub. L.

103-447, title I, Sec. 101(f)(2), Nov. 2, 1994, 108 Stat. 4692,

related to reporting requirements applicable after Sept. 30, 1995.

-End-

-CITE-

22 USC Sec. 2291j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291j. Annual certification procedures

-STATUTE-

(a) Withholding of bilateral assistance and opposition to

multilateral development assistance

(1) Bilateral assistance

Fifty percent of the United States assistance allocated each

fiscal year in the report required by section 2413 of this title

for each major illicit drug producing country or major

drug-transit country shall be withheld from obligation and

expenditure, except as provided in subsection (b) of this

section. This paragraph shall not apply with respect to a country

if the President determines that its application to that country

would be contrary to the national interest of the United States,

except that any such determination shall not take effect until at

least 15 days after the President submits written notification of

that determination to the appropriate congressional committees in

accordance with the procedures applicable to reprogramming

notifications under section 2394-1 of this title.

(2) Multilateral assistance

The Secretary of the Treasury shall instruct the United States

Executive Director of each multilateral development bank to vote,

on and after March 1 of each year, against any loan or other

utilization of the funds of their respective institution to or

for any major illicit drug producing country or major

drug-transit country (as determined under subsection (h) of this

section), except as provided in subsection (b) of this section.

For purposes of this paragraph, the term "multilateral

development bank" means the International Bank for Reconstruction

and Development, the International Development Association, the

Inter-American Development Bank, the Asian Development Bank, the

African Development Bank, and the European Bank for

Reconstruction and Development.

(b) Certification procedures

(1) What must be certified

Subject to subsection (d) of this section, the assistance

withheld from a country pursuant to subsection (a)(1) of this

section may be obligated and expended, and the requirement of

subsection (a)(2) of this section to vote against multilateral

development bank assistance to a country shall not apply, if the

President determines and certifies to the Congress, at the time

of the submission of the report required by section 2291h(a) of

this title, that -

(A) during the previous year the country has cooperated fully

with the United States, or has taken adequate steps on its own,

to achieve full compliance with the goals and objectives

established by the United Nations Convention Against Illicit

Traffic in Narcotic Drugs and Psychotropic Substances; or

(B) for a country that would not otherwise qualify for

certification under subparagraph (A), the vital national

interests of the United States require that the assistance

withheld pursuant to subsection (a)(1) of this section be

provided and that the United States not vote against

multilateral development bank assistance for that country

pursuant to subsection (a)(2) of this section.

(2) Considerations regarding cooperation

In making the determination described in paragraph (1)(A), the

President shall consider the extent to which the country has -

(A) met the goals and objectives of the United Nations

Convention Against Illicit Traffic in Narcotic Drugs and

Psychotropic Substances, including action on such issues as

illicit cultivation, production, distribution, sale, transport

and financing, and money laundering, asset seizure,

extradition, mutual legal assistance, law enforcement and

transit cooperation, precursor chemical control, and demand

reduction;

(B) accomplished the goals described in an applicable

bilateral narcotics agreement with the United States or a

multilateral agreement; and

(C) taken legal and law enforcement measures to prevent and

punish public corruption, especially by senior government

officials, that facilitates the production, processing, or

shipment of narcotic and psychotropic drugs and other

controlled substances, or that discourages the investigation or

prosecution of such acts.

(3) Information to be included in national interest certification

If the President makes a certification with respect to a

country pursuant to paragraph (1)(B), the President shall include

in such certification -

(A) a full and complete description of the vital national

interests placed at risk if United States bilateral assistance

to that country is terminated pursuant to this section and

multilateral development bank assistance is not provided to

such country; and

(B) a statement weighing the risk described in subparagraph

(A) against the risks posed to the vital national interests of

the United States by the failure of such country to cooperate

fully with the United States in combating narcotics or to take

adequate steps to combat narcotics on its own.

(c) Licit opium producing countries

The President may make a certification under subsection (b)(1)(A)

of this section with respect to a major illicit drug producing

country, or major drug-transit country, that is a producer of licit

opium only if the President determines that such country maintains

licit production and stockpiles at levels no higher than those

consistent with licit market demand, and has taken adequate steps

to prevent significant diversion of its licit cultivation and

production into the illicit markets and to prevent illicit

cultivation and production.

(d) Congressional review

Subsection (e) of this section shall apply if, within 30 calendar

days after receipt of a certification submitted under subsection

(b) of this section at the time of submission of the report

required by section 2291h(a) of this title, the Congress enacts a

joint resolution disapproving the determination of the President

contained in such certification.

(e) Denial of assistance for countries decertified

If the President does not make a certification under subsection

(b) of this section with respect to a country or the Congress

enacts a joint resolution disapproving such certification, then

until such time as the conditions specified in subsection (f) of

this section are satisfied -

(1) funds may not be obligated for United States assistance for

that country, and funds previously obligated for United States

assistance for that country may not be expended for the purpose

of providing assistance for that country; and

(2) the requirement to vote against multilateral development

bank assistance pursuant to subsection (a)(2) of this section

shall apply with respect to that country, without regard to the

date specified in that subsection.

(f) Recertification

Subsection (e) of this section shall apply to a country described

in that subsection until -

(1) the President, at the time of submission of the report

required by section 2291h(a) of this title, makes a certification

under subsection (b)(1)(A) or (b)(1)(B) of this section with

respect to that country, and the Congress does not enact a joint

resolution under subsection (d) of this section disapproving the

determination of the President contained in that certification;

or

(2) the President, at any other time, makes the certification

described in subsection (b)(1)(B) of this section with respect to

that country, except that this paragraph applies only if either -

(A) the President also certifies that -

(i) that country has undergone a fundamental change in

government, or

(ii) there has been a fundamental change in the conditions

that were the reason -

(I) why the President had not made a certification with

respect to that country under subsection (b)(1)(A) of this

section, or

(II) if he had made such a certification and the Congress

enacted a joint resolution disapproving the determination

contained in the certification, why the Congress enacted

that joint resolution; or

(B) the Congress enacts a joint resolution approving the

determination contained in the certification under subsection

(b)(1)(B) of this section.

Any certification under subparagraph (A) of paragraph (2) shall

discuss the justification for the certification.

(g) Senate procedures

Any joint resolution under this section shall be considered in

the Senate in accordance with the provisions of section 601(b) of

the International Security Assistance and Arms Export Control Act

of 1976.

(h) Determining major drug-transit and major illicit drug producing

countries

Not later than November 1 of each year, the President shall

notify the appropriate committees of the Congress of which

countries have been determined to be major drug-transit countries,

and which countries have been determined to be major illicit drug

producing countries, for purposes of this chapter.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 490, as added Pub. L. 102-583, Sec.

5(a), Nov. 2, 1992, 106 Stat. 4924; amended Pub. L. 103-447, title

I, Sec. 101(g)(1), Nov. 2, 1994, 108 Stat. 4692; Pub. L. 104-66,

title I, Sec. 1112(d), Dec. 21, 1995, 109 Stat. 724.)

-REFTEXT-

REFERENCES IN TEXT

Section 601(b) of the International Security Assistance and Arms

Export Control Act of 1976, referred to in subsec. (g), is section

601(b) of Pub. L. 94-329, title VI, June 30, 1976, 90 Stat. 765,

which is not classified to the Code.

This chapter, referred to in subsec. (h), 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

1995 - Pub. L. 104-66, Sec. 1112(d)(1), struck out "for fiscal

year 1995" after "certification procedures" in section catchline.

Subsec. (i). Pub. L. 104-66, Sec. 1112(d)(2), struck out heading

and text of subsec. (i). Text read as follows: "This section

applies only during fiscal year 1995. Section 2291k of this title

does not apply during that fiscal year."

1994 - Pub. L. 103-447, Sec. 101(g)(1)(A), substituted "for

fiscal year 1995" for "for fiscal years 1993 and 1994" in section

catchline.

Subsec. (a)(1). Pub. L. 103-447, Sec. 101(g)(1)(B), struck out

"(as determined under subsection (h) of this section)" after

"drug-transit country".

Subsec. (a)(2). Pub. L. 103-447, Sec. 101(g)(1)(C), substituted

"March 1" for "April 1".

Subsec. (c). Pub. L. 103-447, Sec. 101(g)(1)(D), substituted

"that such country maintains licit production and stockpiles at

levels no higher than those consistent with licit market demand,

and has taken adequate steps to prevent significant diversion of

its licit cultivation and production into the illicit markets and

to prevent illicit cultivation and production." for "that such

country has taken adequate steps to prevent significant diversion

of its licit cultivation and production into the illicit market,

maintains production and stockpiles at levels no higher than those

consistent with licit market demand, and prevents illicit

cultivation and production."

Subsec. (d). Pub. L. 103-447, Sec. 101(g)(1)(E), substituted "30

calendar days" for "45 calendar days".

Subsec. (g). Pub. L. 103-447, Sec. 101(g)(1)(F), substituted

"Senate procedures" for "Congressional review procedures" in

heading, struck out designation and heading of par. (1), and struck

out heading and text of par. (2). Text read as follows: "For the

purpose of expediting the consideration and enactment of joint

resolutions under this section, a motion to proceed to the

consideration of any such joint resolution after it has been

reported by the appropriate committee shall be treated as highly

privileged in the House of Representatives."

Subsec. (h). Pub. L. 103-447, Sec. 101(g)(1)(G), struck out "for

fiscal years 1993 and 1994" after "drug producing countries" in

heading and substituted "November 1" for "January 1" in text.

Subsec. (i). Pub. L. 103-447, Sec. 101(g)(1)(H), amended heading

and text of subsec. (i) generally. Prior to amendment, text read as

follows: "This section applies only during fiscal years 1993 and

1994. During those fiscal years, section 2291k of this title does

not apply and the definitions provided in section 2291(e)(2) and

(5) of this title do not apply."

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

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

out as a note under section 2381 of this title.

-EXEC-

CERTIFICATION FOR MAJOR ILLICIT DRUG PRODUCING AND DRUG TRANSIT

COUNTRIES

Determination of President of the United States, No. 2001-12,

Mar. 1, 2001, 66 F.R. 14454, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by section 490(b)(1)(A)

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

2291j(b)(1)(A)] (the "Act"), I hereby determine and certify that

the following major illicit drug producing and/or major illicit

drug transit countries have cooperated fully with the United

States, or have taken adequate steps on their own, to achieve full

compliance with the goals and objectives of the 1988 United Nations

Convention Against Illicit Traffic in Narcotic Drugs and

Psychotropic Substances:

The Bahamas, Bolivia, Brazil, People's Republic of China,

Colombia, Dominican Republic, Ecuador, Guatemala, India, Jamaica,

Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru,

Thailand, Venezuela, and Vietnam

By virtue of the authority vested in me by section 490(b)(1)(B)

of the Act, I hereby determine and certify that, for the following

major illicit drug producing and/or major illicit drug transit

countries that do not qualify for certification under section

490(b)(1)(A), the vital national interests of the United States

require that assistance not be withheld and that the United States

not vote against multilateral development bank assistance:

Cambodia and Haiti

Analysis of the relevant U.S. vital national interests and risks

posed thereto, as required under section 490(b)(3) of the Act, is

attached for these countries [not set out in the Code].

I have determined that the following major illicit drug producing

and/or major illicit drug transit countries do not meet the

standards for certification set forth in section 490(b):

Afghanistan and Burma

In making these determinations, I have considered the factors set

forth in section 490 of the Act, based on the information contained

in the International Narcotics Control Strategy Report of 2001.

Given that the performance of each of these countries has differed,

I have attached an explanatory statement for each of the countries

subject to this determination [not set out in the Code].

You are hereby authorized and directed to report this

determination to the Congress immediately and to publish it in the

Federal Register.

George W. Bush.

Prior certifications for major narcotics producing and transit

countries were contained in the following:

Determination of President of the United States, No. 2000-16,

Feb. 29, 2000, 65 F.R. 15797.

Determination of President of the United States, No. 99-15, Feb.

26, 1999, 64 F.R. 11319.

Determination of President of the United States, No. 98-15, Feb.

26, 1998, 63 F.R. 12937.

Determination of President of the United States, No. 97-18, Feb.

28, 1997, 62 F.R. 11589.

Determination of President of the United States, No. 96-13, Mar.

1, 1996, 61 F.R. 9891.

Determination of President of the United States, No. 95-15, Feb.

28, 1995, 60 F.R. 12859.

Determination of President of the United States, No. 94-22, Apr.

1, 1994, 59 F.R. 17231.

Determination of President of the United States, No. 93-18, Mar.

31, 1993, 58 F.R. 19033.

Determination of President of the United States, No. 92-18, Feb.

28, 1992, 57 F.R. 8571.

Determination of President of the United States, No. 91-22, Mar.

1, 1991, 56 F.R. 10773.

Determination of President of the United States, No. 90-12, Feb.

28, 1990, 55 F.R. 10597.

Determination of President of the United States, No. 89-11, Feb.

28, 1989, 54 F.R. 9413.

Determination of President of the United States, No. 88-10, Feb.

29, 1988, 53 F.R. 11487.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2291e, 2291h, 2291j-1 of

this title; title 12 section 635; title 18 section 981; title 19

sections 1616a, 2703, 3202, 3203; title 21 sections 881, 1703.

-End-

-CITE-

22 USC Sec. 2291j-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291j-1. International drug control certification procedures

-STATUTE-

During any fiscal year, funds that would otherwise be withheld

from obligation or expenditure under section 2291j of this title

may be obligated or expended beginning October 1 of such fiscal

year provided that:

(1) Report

Not later than September 15 of the previous fiscal year the

President has submitted to the appropriate congressional

committees a report identifying each country determined by the

President to be a major drug transit country or major illicit

drug producing country as defined in section 2291(e) of this

title.

(2) Designation and justification

In each report under paragraph (1), the President shall also -

(A) designate each country, if any, identified in such report

that has failed demonstrably, during the previous 12 months, to

make substantial efforts -

(i) to adhere to its obligations under international

counternarcotics agreements; and

(ii) to take the counternarcotics measures set forth in

section 2291h(a)(1) of this title; and

(B) include a justification for each country so designated.

(3) Limitation on assistance for designated countries

In the case of a country identified in a report under paragraph

(1) that is also designated under paragraph (2) in the report,

United States assistance may be provided to such country in the

subsequent fiscal year only if the President determines and

reports to the appropriate congressional committees that -

(A) provision of such assistance to the country in such

fiscal year is vital to the national interests of the United

States; or

(B) subsequent to the designation being made under paragraph

(2)(A), the country has made substantial efforts -

(i) to adhere to its obligations under international

counternarcotics agreements; and

(ii) to take the counternarcotics measures set forth in

section 2291h(a)(1) of this title.

(4) International counternarcotics agreement defined

In this section, the term "international counternarcotics

agreement" means -

(A) the United Nations Convention Against Illicit Traffic in

Narcotic Drugs and Psychotropic Substances; or

(B) any bilateral or multilateral agreement in force between

the United States and another country or countries that

addresses issues relating to the control of illicit drugs, such

as -

(i) the production, distribution, and interdiction of

illicit drugs;

(ii) demand reduction;

(iii) the activities of criminal organizations;

(iv) international legal cooperation among courts,

prosecutors, and law enforcement agencies (including the

exchange of information and evidence);

(v) the extradition of nationals and individuals involved

in drug-related criminal activity;

(vi) the temporary transfer for prosecution of nationals

and individuals involved in drug-related criminal activity;

(vii) border security;

(viii) money laundering;

(ix) illicit firearms trafficking;

(x) corruption;

(xi) control of precursor chemicals;

(xii) asset forfeiture; and

(xiii) related training and technical assistance,

and includes, where appropriate, timetables and objective and

measurable standards to assess the progress made by participating

countries with respect to such issues.

(5) Application

(A) Section 2291j(a) through (h) of this title shall not apply

during any fiscal year with respect to any country identified in

the report required by paragraph (1) of this section.

(B) Notwithstanding paragraphs (1) through (5)(A) of this

section, the President may apply the procedures set forth in

section 2291j(a) through (h) of this title during any fiscal year

with respect to any country determined to be a major drug transit

country or major illicit drug producing country as defined in

section 2291(e) of this title.

(6) Statutory construction

Nothing in this section supersedes or modifies the requirement

in section 2291h(a) of this title (with respect to the

International Narcotics Control Strategy Report) for the

transmittal of a report not later than March 1, each fiscal year

under that section.

(7) Transition rule

For funds obligated or expended under this section in fiscal

year 2003, the date for submission of the report required by

paragraph (1) of this section shall be at least 15 days before

funds are obligated or expended.

(8) Effective date

This section shall take effect September 30, 2002, and shall

remain in effect thereafter unless Congress enacts subsequent

legislation repealing such section.

-SOURCE-

(Pub. L. 107-228, div. A, title VI, Sec. 706, Sept. 30, 2002, 116

Stat. 1424.)

-COD-

CODIFICATION

Section was enacted as part of the Department of State

Authorization Act, Fiscal Year 2003, and also as part of the

Foreign Relations Authorization Act, Fiscal Year 2003, and not as

part of the Foreign Assistance Act of 1961 which comprises this

chapter.

-EXEC-

PRESIDENTIAL DETERMINATION ON MAJOR DRUG TRANSIT OR MAJOR ILLICIT

DRUG PRODUCING COUNTRIES FOR 2003

Determination of President of the United States, No. 2003-14,

Jan. 30, 2003, 68 F.R. 5787, provided:

Memorandum for the Secretary of State

Pursuant to section 706(1) of the Foreign Relations Authorization

Act, Fiscal Year 2003 (Public Law 107-228) (FRAA) [22 U.S.C.

2291j-1(1)], which was enacted on September 30, 2002, I hereby

identify the following countries as major drug transit or major

illicit drug producing countries: Afghanistan, The Bahamas,

Bolivia, Brazil, Burma, China, Colombia, Dominican Republic,

Ecuador, Guatemala, Haiti, India, Jamaica, Laos, Mexico, Nigeria,

Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam.

The Majors List applies by its terms to countries. The United

States Government interprets the term broadly to include entities

that exercise autonomy over actions or omissions that could lead to

a decision to place them on the list and, subsequently, to

determine their eligibility for certification. A country's presence

on the Majors List is not necessarily an adverse reflection of its

government's counternarcotics efforts or level of cooperation with

the United States. Consistent with the statutory definition of a

major drug transit or drug producing country set forth in section

481(e)(5) of the Foreign Assistance Act of 1961, as amended (FAA)

[22 U.S.C. 2291(e)(5)], one of the reasons that major drug transit

or drug producing countries are placed on the list is the

combination of geographical, commercial, and economic factors that

allow drugs to transit or be produced despite the concerned

government's most assiduous enforcement measures.

Pursuant to section 706(2)(A) of the FRAA, I hereby designate

Burma, Guatemala, and Haiti as countries that have failed

demonstrably during the previous 12 months to adhere to their

obligations under international counternarcotics agreements and

take the measures set forth in section 489(a)(1) of the FAA [22

U.S.C. 2291h(a)(1)]. Attached to this memorandum are justifications

for each of the countries so designated [not set out in the Code],

as required by section 706(2)(B).

I have also determined, in accordance with provisions of section

706(3)(A) of the FRAA, that provision of United States assistance

to Guatemala and Haiti in FY 2003 is vital to the national

interests of the United States.

Additionally, the alarming increase in the quantity of illegal

synthetic drugs entering the United States, especially ecstasy from

Europe, is of particular concern. A significant amount of the

ecstasy consumed in the United States is manufactured clandestinely

in The Netherlands (in 2001, a total of 9.5 million ecstasy tablets

were seized in the United States, and the Drug Enforcement

Administration believes that the majority of tablets originated in

The Netherlands). We are working closely with Dutch authorities to

stop the production and export of ecstasy, which we both regard as

a serious threat to our citizens. We expect Dutch authorities to

move effectively and measurably in the coming year against the

production and export of this drug, including dismantling labs and

proceeding against trafficking organizations. Early in the year, we

plan to discuss specific steps we can take together to reduce drug

trafficking.

Although the United States enjoys an excellent level of bilateral

cooperation with Canada, the United States Government is concerned

that Canada is a primary source of pseudoephedrine and an

increasing source of high potency marijuana, which are exported to

the United States. Over the past few years there has been an

alarming increase in the amount of pseudoephedrine diverted from

Canadian sources to clandestine drug laboratories in the United

States, where it is used to make methamphetamine. The Government of

Canada, for the most part, has not regulated the sale and

distribution of precursor chemicals. The regulations to restrict

the availability of pseudoephedrine, which the Government of Canada

has just promulgated, should be stronger. Notwithstanding Canada's

inadequate control of illicit diversion of precursor chemicals, I

commend Canadian law enforcement agencies, which continue to work

energetically to support our joint law enforcement efforts.

Under section 706 of the FRAA, you are hereby authorized and

directed to submit this memorandum to the Congress, and to publish

it in the Federal Register.

George W. Bush.

-CROSS-

DEFINITIONS

For definition of "appropriate congressional committees" as used

in this section, see section 3 of Pub. L. 107-228, set out as a

note under section 2651 of this title.

-End-

-CITE-

22 USC Sec. 2291k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part VIII - International Narcotics Control

-HEAD-

Sec. 2291k. Repealed. Pub. L. 104-66, title I, Sec. 1112(b), Dec.

21, 1995, 109 Stat. 724

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 490A, as added Pub. L.

102-583, Sec. 5(a), Nov. 2, 1992, 106 Stat. 4927; amended Pub. L.

103-447, title I, Sec. 101(g)(2), Nov. 2, 1994, 108 Stat. 4693,

related to annual certification procedures after Sept. 30, 1995.

-End-

-CITE-

22 USC Part IX - International Disaster Assistance 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

PART IX - INTERNATIONAL DISASTER ASSISTANCE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2291, 2318, 7102 of this

title.

-End-

-CITE-

22 USC Sec. 2292 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292. General provisions

-STATUTE-

(a) Congressional policy

The Congress, recognizing that prompt United States assistance to

alleviate human suffering caused by natural and manmade disasters

is an important expression of the humanitarian concern and

tradition of the people of the United States, affirms the

willingness of the United States to provide assistance for the

relief and rehabilitation of people and countries affected by such

disasters.

(b) General authority

Subject to limitations in section 2292a of this title, and

notwithstanding any other provision of this chapter or any other

Act, the President is authorized to furnish assistance to any

foreign country, international organization, or private voluntary

organization, on such terms and conditions as he may determine, for

international disaster relief and rehabilitation, including

assistance relating to disaster preparedness, and to the prediction

of, and contingency planning for, natural disasters abroad.

(c) Specific direction

In carrying out the provisions of this section the President

shall insure that the assistance provided by the United States

shall, to the greatest extent possible, reach those most in need of

relief and rehabilitation as a result of natural and manmade

disasters.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 491, as added Pub. L. 94-161, title I,

Sec. 101(3), Dec. 20, 1975, 89 Stat. 849; amended Pub. L. 95-424,

title I, Sec. 118(a), Oct. 6, 1978, 92 Stat. 953; Pub. L. 96-533,

title IV, Sec. 404(b), Dec. 16, 1980, 94 Stat. 3150.)

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

out under section 2151 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 491 of Pub. L. 87-195, pt. I, as added Pub. L.

92-226, pt. I, Sec. 109, Feb. 7, 1972, 86 Stat. 24, provided for

East Pakistan refugee relief assistance, including appropriations

authorization of $250,000,000 for fiscal year 1972, prior to repeal

by section 101(2) of Pub. L. 94-161.

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-533 substituted "limitations" for

"limitation on appropriations".

1978 - Subsec. (b). Pub. L. 95-424 substituted ", international

organization, or private voluntary organization" for "or

international organization".

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 2151u, 2292a, 2292f,

2292g, 2292h, 2292i, 2292j, 2292l, 2292m, 2292n, 2292o, 2292p,

2292q of this title.

-End-

-CITE-

22 USC Sec. 2292a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292a. Authorization of appropriations

-STATUTE-

(a) Fiscal year authorization

There are authorized to be appropriated to the President to carry

out section 2292 of this title, $25,000,000 for fiscal year 1986

and $25,000,000 for fiscal year 1987. Amounts appropriated under

this section are authorized to remain available until expended.

(b) Subsequent appropriations for reimbursement of additional

fiscal year obligations charged against appropriation account

In addition to amounts otherwise available to carry out this

part, up to $50,000,000 in any fiscal year may be obligated against

appropriations under subchapter I of this chapter (other than this

part) for use in providing assistance in accordance with the

authorities and general policies of section 2292 of this title.

Amounts subsequently appropriated under this part with respect to a

disaster may be used to reimburse any appropriation account against

which obligations were incurred under this subsection with respect

to that disaster.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 492, as added Pub. L. 94-161, title I,

Sec. 101(3), Dec. 20, 1975, 89 Stat. 849; amended Pub. L. 95-88,

title I, Sec. 119, Aug. 3, 1977, 91 Stat. 541; Pub. L. 95-424,

title I, Sec. 118(b), Oct. 6, 1978, 92 Stat. 953; Pub. L. 96-53,

title I, Sec. 115, Aug. 14, 1979, 93 Stat. 365; Pub. L. 96-533,

title IV, Secs. 403, 404(a), Dec. 16, 1980, 94 Stat. 3150; Pub. L.

97-113, title V, Sec. 503, Dec. 29, 1981, 95 Stat. 1539; Pub. L.

99-83, title IV, Sec. 404, Aug. 8, 1985, 99 Stat. 219.)

-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

1985 - Subsec. (a). Pub. L. 99-83 substituted provisions

authorizing appropriations of $25,000,000 for fiscal years 1986 and

1987, for provisions authorizing appropriations of $27,000,000 for

fiscal years 1982 and 1983.

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

authorization of $27,000,000 for fiscal years 1982 and 1983, for

appropriation of $25,000,000 for fiscal year 1981.

1980 - Subsec. (a). Pub. L. 96-533, Secs. 403, 404(a)(1),

substituted appropriations authorization of "$25,000,000 for the

fiscal year 1981" for such authorization of "$21,800,000 for the

fiscal year 1980" and designated existing provisions as subsec.

(a).

Subsec. (b). Pub. L. 96-533, Sec. 404(a)(2), added subsec. (b).

1979 - Pub. L. 96-53 substituted "$21,800,000" for "$25,000,000"

and "1980" for "1979".

1978 - Pub. L. 95-424 substituted "the fiscal year 1979" for

"each of the fiscal years 1977 and 1978" and struck out provision

requiring the President to submit quarterly reports to the

Committee on Foreign Relations of the Senate and to the Speaker of

the House of Representatives on the programming and obligation of

funds.

1977 - Pub. L. 95-88 substituted "fiscal years 1977 and 1978" for

"fiscal years 1976 and 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.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

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

out as a note under section 2381 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2292, 2292k of this

title.

-End-

-CITE-

22 USC Sec. 2292a-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292a-1. Appropriated funds; Presidential reports to

Committees on Appropriations of the Senate and the House

-STATUTE-

The President shall submit quarterly reports to the Committee on

Appropriations of the United States Senate and to the Committee on

Appropriations of the House of Representatives on the programing

and obligation of funds appropriated for International Disaster

Assistance.

-SOURCE-

(Pub. L. 94-330, title I, Sec. 100, June 30, 1976, 90 Stat. 773.)

-COD-

CODIFICATION

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

1961 which comprises this chapter.

-End-

-CITE-

22 USC Sec. 2292b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292b. Disaster assistance coordination through a Special

Coordinator for International Disaster Assistance; Presidential

appointment and duties

-STATUTE-

The President is authorized to appoint a Special Coordinator for

International Disaster Assistance whose responsibility shall be to

promote maximum effectiveness and coordination in responses to

foreign disasters by United States agencies and between the United

States and other donors. Included among the Special Coordinator's

responsibilities shall be the formulation and updating of

contingency plans for providing disaster relief.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 493, as added Pub. L. 94-161, title I,

Sec. 101(3), Dec. 20, 1975, 89 Stat. 849.)

-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. 2292c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292c. Authorization of appropriations for disaster relief and

emergency recovery needs in Pakistan and Nicaragua

-STATUTE-

There are authorized to be appropriated, in addition to other

sums available for such purposes, $65,000,000 for use by the

President for disaster relief and emergency recovery needs in

Pakistan and Nicaragua, under such terms and conditions as he may

determine, such sums to remain available until expended.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 494, formerly Sec. 452, as added Pub.

L. 93-333, Sec. 2(2), July 8, 1974, 88 Stat. 290; renumbered Sec.

494, Pub. L. 94-161, title I, Sec. 101(4), Dec. 20, 1975, 89 Stat.

850.)

-COD-

CODIFICATION

Section was formerly classified to section 2262 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. 2292d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292d. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,

1978, 92 Stat. 961

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 494A, formerly pt. III, Sec.

639A, as added Pub. L. 93-189, Sec. 20, Dec. 17, 1973, 87 Stat.

725, amended Pub. L. 93-333, Sec. 3(2)-(5), July 8, 1974, 88 Stat.

290; renumbered pt. I, Sec. 494A, Pub. L. 94-161, title I, Sec.

101(5), Dec. 20, 1975, 89 Stat. 850, related to famine and disaster

relief to drought-stricken African nations.

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.

ASSISTANCE IN CONTROLLING LOCUST PLAGUES IN AFRICA; AUTHORIZATION

OF APPROPRIATIONS

Pub. L. 95-424, title I, Sec. 120, Oct. 6, 1978, 92 Stat. 954,

provided that: "In order to assist in attempts to control locust

plagues in Africa, especially in the Horn of Africa, there is

authorized to be appropriated to the President, in addition to

amounts otherwise authorized for disaster relief purposes,

$2,000,000, which amount is authorized to remain available until

expended."

-End-

-CITE-

22 USC Sec. 2292e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292e. Transferred

-COD-

CODIFICATION

Section, Pub. L. 87-195, pt. I, Sec. 120, formerly pt. III, Sec.

639B, as added Pub. L. 93-189, Sec. 20, Dec. 17, 1973, 87 Stat.

725; renumbered pt. I, Sec. 494B, and amended Pub. L. 94-161, title

I, Sec. 101(5), (7), Dec. 20, 1975, 89 Stat. 850; renumbered pt. I,

Sec. 120; amended Pub. L. 95-88, title I, Sec. 115(1), (2), Aug. 3,

1977, 91 Stat. 539, which related to the Sahel development program

and had been classified to section 2399-1b of this title, has been

transferred to section 2151r of this title.

-End-

-CITE-

22 USC Sec. 2292f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292f. Cyprus: relief and rehabilitation; terms and

conditions; authorization of appropriations; section 2292 policy

and general authority applicable

-STATUTE-

The President is authorized to furnish assistance, on such terms

and conditions as he may determine, for the relief and

rehabilitation of refugees and other needy people in Cyprus. There

is authorized to be appropriated for the purposes of this section,

in addition to amounts otherwise available for such purposes,

$40,000,000. Such amount is authorized to remain available until

expended. Assistance under this section shall be provided in

accordance with the policy and general authority contained in

section 2292 of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495, as added Pub. L. 94-161, title I,

Sec. 101(8), Dec. 20, 1975, 89 Stat. 850; amended Pub. L. 94-329,

title IV, Sec. 402, June 30, 1976, 90 Stat. 757.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-329 substituted "$40,000,000" for

"$30,000,000".

-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. 2292g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292g. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,

1978, 92 Stat. 961

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 495A, as added Pub. L.

94-276, Sec. 2, Apr. 21, 1976, 90 Stat. 397, related to relief and

rehabilitation for people victimized by recent earthquakes in

Guatemala.

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. 2292h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292h. Italy: relief, rehabilitation and reconstruction

assistance

-STATUTE-

(a) In addition to amounts otherwise available for such purpose,

there is authorized to be appropriated $25,000,000 for the fiscal

year 1976 to furnish assistance under this part for the relief and

rehabilitation of the people who have been victimized by the recent

earthquake in Italy. Amounts appropriated under this section are

authorized to remain available until expended.

(b) There are authorized to be appropriated to the President

$30,000,000 for the fiscal year 1978 for relief, rehabilitation,

and reconstruction assistance, in accordance with the provisions of

section 2292 of this title and on such terms and conditions as he

may determine, for the people who have been victimized by the

recent earthquakes in Italy. Amounts appropriated under this

subsection are authorized to remain available until expended.

(c) Obligations incurred prior to June 30, 1976, against other

appropriations or accounts for the purpose of providing relief and

rehabilitation assistance to the people of Italy may be charged to

the appropriations authorized under this section.

(d)(1) The Congress recognizes that prompt United States

assistance is necessary to alleviate the human suffering arising

from the earthquakes in southern Italy in late 1980. Accordingly,

there are authorized to be appropriated to the President, in

addition to amounts otherwise available for such purpose,

$50,000,000 for the fiscal year 1981 for relief, rehabilitation,

and reconstruction assistance for the victims of those earthquakes.

Such assistance shall be provided in accordance with the policies

and general authorities of section 2292 of this title and on such

terms and conditions as the President may determine.

(2) Amounts appropriated under this subsection are authorized to

remain available until expended.

(3) Obligations incurred against other appropriations or accounts

for the purpose of providing relief, rehabilitation, and

reconstruction assistance for the victims of the late 1980

earthquakes in southern Italy may be charged to appropriations,

enacted after those obligations were incurred, for assistance for

that purpose under this part.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495B, as added Pub. L. 94-329, title

IV, Sec. 415, June 30, 1976, 90 Stat. 761; amended Pub. L. 95-88,

title I, Sec. 120, Aug. 3, 1977, 91 Stat. 541; Pub. L. 96-525, Dec.

12, 1980, 94 Stat. 3043.)

-MISC1-

AMENDMENTS

1980 - Subsec. (d). Pub. L. 96-525 added subsec. (d).

1977 - Subsecs. (b), (c). Pub. L. 95-88 added subsec. (b) and

redesignated subsec. (b) as (c).

-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. 2292i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292i. Lebanon: relief and rehabilitation

-STATUTE-

(a) General authority

The Congress, recognizing that prompt United States assistance is

necessary to alleviate the human suffering arising from civil

strife in Lebanon and to restore the confidence of the people of

Lebanon, authorizes the President to furnish assistance, on such

terms and conditions as he may determine, for the relief and

rehabilitation of refugees and other needy people in Lebanon.

(b) Authorization of appropriations

There is authorized to be appropriated to the President for the

purposes of this section, in addition to amounts otherwise

available for such purposes, $20,000,000, which amount is

authorized to remain available until expended.

(c) Section 2292 policy and general authority applicable

Assistance under this section shall be provided in accordance

with the policies and general authority contained in section 2292

of this title.

(d) Obligations charged to appropriations

Obligations incurred prior to June 30, 1976, against other

appropriations or accounts for the purpose of providing relief and

rehabilitation assistance to the people of Lebanon may be charged

to the appropriations authorized under this section.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495C, as added Pub. L. 94-329, title

IV, Sec. 416, June 30, 1976, 90 Stat. 762; amended Pub. L. 95-424,

title V, Sec. 502(d)(1), Oct. 6, 1978, 92 Stat. 959.)

-MISC1-

AMENDMENTS

1978 - Subsec. (e). Pub. L. 95-424 struck out subsec. (e)

relating to reports to Congress by the President regarding the

programing and obligation of funds under this section.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

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

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2292j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292j. Romania: relief and rehabilitation

-STATUTE-

(a) Authorization of assistance

The Congress, recognizing that prompt United States assistance is

necessary to alleviate the human suffering arising from recent

earthquakes in Romania, authorizes the President to furnish

assistance, on such terms and conditions as he may determine, for

the relief and rehabilitation of refugees and other earthquake

victims in Romania.

(b) Authorization of appropriations

There are hereby authorized to be appropriated to the President

for the fiscal year 1977, notwithstanding any other provisions of

this chapter, in addition to amounts otherwise available for such

purposes, not to exceed $20,000,000, which amount is authorized to

remain available until expended.

(c) Policies and general authority

Assistance under this section shall be provided in accordance

with the policies and general authority contained in section 2292

of this title.

(d) Obligations charged against appropriations

Obligations incurred prior to April 18, 1977, against other

appropriations or accounts for the purpose of providing relief and

rehabilitation assistance to the people of Romania may be charged

to the appropriations authorized under this section.

(e) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560

(f) Human rights

Nothing in this section shall be interpreted as endorsing any

measure undertaken by the Government of Romania which would

suppress human rights as defined in the Conference on Security and

Co-operation in Europe (Helsinki) Final Act and the United Nations

Declaration on Human Rights, or as constituting a precedent for or

commitment to provide United States development assistance to

Romania, and the Romanian Government shall be so notified when aid

is furnished under this section.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495D, as added Pub. L. 95-21, Apr. 18,

1977, 91 Stat. 48; amended 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. (b), was in the original

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

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

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

out under section 2151 of this title and Tables.

-MISC1-

AMENDMENTS

1981 - Subsec. (e). Pub. L. 97-113 repealed subsec. (e) which

required quarterly reports on the programming and obligation of

funds under this section.

-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. 2292k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292k. Turkey: relief, rehabilitation, and reconstruction

-STATUTE-

The President is requested to use up to $10,000,000 of the funds

made available under section 2292a of this title to provide relief,

rehabilitation, and reconstruction assistance to the victims of the

recent earthquakes in Turkey.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495E, formerly Sec. 495D, as added

Pub. L. 95-88, title I, Sec. 121, Aug. 3, 1977, 91 Stat. 541;

renumbered Sec. 495E, Pub. L. 95-424, title I, Sec. 119(1), Oct. 6,

1978, 92 Stat. 953.)

-MISC1-

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

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

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2292l 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292g742l. Africa: rehabilitation and resettlement

-STATUTE-

(a) Congressional policy; general authority

The Congress recognizes that United States assistance is

necessary to help developing countries in Africa meet the longer

term rehabilitation and resettlement needs of displaced persons and

other innocent victims of civil strife. Therefore, the President is

authorized to furnish assistance, on such terms and conditions as

he may determine, for the longer term rehabilitation and

resettlement needs of such victims. Funds for this purpose should

be used to assist African governments in providing semipermanent

housing, potable water supply systems, and sanitary facilities

which are generally not provided by existing refugee relief

agencies.

(b) Authorization of appropriations

There are authorized to be appropriated to the President for the

purposes of this section, in addition to amounts otherwise

available for such purposes, $15,000,000 for the fiscal year 1981.

Amounts appropriated under this subsection are authorized to remain

available until expended.

(c) Provisions of section 2292 of this title applicable to this

section

Assistance under this section shall be provided in accordance

with the policies and general authorities contained in section 2292

of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495F, as added Pub. L. 95-424, title

I, Sec. 119(2), Oct. 6, 1978, 92 Stat. 953; amended Pub. L. 96-53,

title I, Sec. 116, Aug. 14, 1979, 93 Stat. 365; Pub. L. 96-533,

title IV, Sec. 405, Dec. 16, 1980, 94 Stat. 3150.)

-MISC1-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-533 substituted subsec. (a) for

prior first sentence authorization of the President to furnish

assistance, on such terms and conditions as he may determine,

exclusively for the relief and rehabilitation of African refugees

and other needy people located in Africa.

Subsec. (b). Pub. L. 96-533 incorporated existing second sentence

in provisions designated subsec. (b) and increased appropriations

authorization to $15,000,000 for fiscal year 1981 for such

authorization of $14,920,000 for fiscal year 1980.

Subsec. (c). Pub. L. 96-533 designated third sentence as subsec.

(c).

1979 - Pub. L. 96-53 substituted "1980" for "1979" and

"$14,920,000" for "$15,000,000".

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

Section effective Oct. 1, 1978, see section 605 of Pub. L.

95-424, set out as an Effective Date of 1978 Amendment note under

section 2151 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

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

out as a note under section 2381 of this title.

-End-

-CITE-

22 USC Sec. 2292m 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292m. Special Caribbean hurricane relief assistance

-STATUTE-

The President is authorized to furnish assistance, on such terms

and conditions as he may determine, for disaster relief and

reconstruction in the Caribbean to assist in alleviating the human

suffering caused by recent hurricanes in that region. In addition

to amounts otherwise available for such purposes, there is

authorized to be appropriated for purposes of this section

$25,000,000 for the fiscal year 1980, which amount is authorized to

remain available until expended. Assistance under this section

shall be provided in accordance with the policies and general

authorities contained in section 2292 of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495G, as added Pub. L. 96-109, Sec. 1,

Nov. 9, 1979, 93 Stat. 842.)

-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. 2292n 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292n. Cambodia: disaster relief assistance

-STATUTE-

(a) Congressional recognition and statement of purpose; authority

of President; scope of assistance

The Congress recognizes that prompt United States assistance is

necessary to alleviate the human suffering arising from famine and

disease in Cambodia. Accordingly, the President is authorized to

furnish assistance, on such terms and conditions as he may

determine, for disaster relief to alleviate the suffering of the

victims of famine and disease in Cambodia. Assistance provided

under this section shall be for humanitarian purposes and limited

to the civilian population, with emphasis on providing food,

medicine and medical care, clothing, temporary shelter,

transportation for emergency supplies and personnel, and similar

assistance to save human lives.

(b) Assistance through international agencies and private voluntary

organizations

Assistance provided under this section or any other provision of

law to alleviate the human suffering caused by famine and disease

in Cambodia shall be provided, to the maximum extent practicable,

through international agencies and private voluntary organizations

such as (among others) the World Relief Committee, World Medical

Missions, Inc., Cama Services, World Vision, Food for the Hungry,

Thailand Baptist Mission, Catholic Relief Services, Oxfam, and the

International Rescue Committee.

(c) Assistance procedures; monitoring of deliveries

(1) In providing assistance under this section, the President

shall satisfy himself that adequate procedures have been

established to ensure that such assistance reaches the innocent

victims of famine and disease for whom it is intended. Such

procedures shall include end use monitoring of deliveries on a

periodic basis by individuals having freedom of movement where the

assistance is being distributed within Cambodia.

(2) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560.

(d) Authorization of appropriations; charges for obligations

incurred under other appropriations or accounts; authority for

transfer of funds; agricultural commodity assistance priorities

(1) In addition to amounts otherwise available for such purposes,

there is authorized to be appropriated for purposes of this section

$30,000,000 for the fiscal year 1980, which amount is authorized to

remain available until expended.

(2) Obligations incurred, prior to the enactment of

appropriations to carry out this section, against other

appropriations or accounts for the purpose of alleviating the human

suffering caused by famine and disease in Cambodia may be charged

to the appropriations authorized by paragraph (1) of this

subsection.

(3) The President may exercise the authority of section 2360(a)

of this title (without regard to the 20 percent limitation

contained in that section on increases in accounts) in order to

transfer, for use in carrying out this section, up to $30,000,000

of the funds made available for the fiscal year 1980 to carry out

other provisions of this chapter.

(4) Priority shall be given in allocating assistance under the

Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C.

1691 et seq.] to furnishing agricultural commodities for use in

carrying out this section.

(e) Section 2292 policies and general authorities applicable

Assistance under this section shall be provided in accordance

with the policies and utilizing the general authorities provided in

section 2292 of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495H, as added Pub. L. 96-110, Sec. 2,

Nov. 13, 1979, 93 Stat. 843; amended 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)(3), was in the original

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

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

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

out under section 2151 of this title and Tables.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsec. (d)(4), is act July 10, 1954, ch. 469, 68

Stat. 454, as amended, which is classified principally to chapter

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

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

out under section 1691 of Title 7, and Tables.

-MISC1-

AMENDMENTS

1981 - Subsec. (c)(2). Pub. L. 97-113 repealed par. (2) which

required a Presidential report to Congress no later than 90 days

after Nov. 13, 1979, on provision of Cambodian Disaster Relief

Assistance.

-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. 2292o 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292g742o. Assistance for displaced persons in Central America

-STATUTE-

(a) Nature and scope of assistance

(1) The Congress recognizes that prompt United States assistance

is necessary to help meet the basic human needs of persons

displaced by strife in El Salvador. Therefore, the President is

authorized to furnish assistance, on such terms and conditions as

he may determine, to help alleviate the suffering of these

displaced persons. Assistance provided under this section shall be

for humanitarian purposes, with emphasis on the provision of food,

medicine, medical care, and shelter and, where possible,

implementation of other relief and rehabilitation activities. The

Congress encourages the use, where appropriate, of the services of

private and voluntary organizations and international relief

agencies in the provision of assistance under this section.

(2) The Congress understands that the country of Belize has

expressed interest and willingness in the resettlement in its

territory of Haitian nationals who desire to settle in Belize.

Therefore, the President is authorized to furnish assistance, on

such terms and conditions as he may determine, to assist the

Government of Belize in the resettlement of Haitian nationals in

the national territory of Belize.

(b) Authorization of appropriations

There are authorized to be appropriated to the President for the

purposes of this section, in addition to amounts otherwise

available for such purposes, $5,000,000 for the fiscal year 1982

and $5,000,000 for the fiscal year 1983. Amounts appropriated under

this section are authorized to remain available until expended.

(c) Applicable policies and authorities

Assistance under this section shall be provided in accordance

with the policies and utilizing the general authorities provided in

section 2292 of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495I, as added Pub. L. 97-113, title

V, Sec. 504, Dec. 29, 1981, 95 Stat. 1540.)

-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. 2292p 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292p. Lebanon: emergency relief, rehabilitation, and

reconstruction assistance

-STATUTE-

(a) Congressional policy and authorization

The Congress recognizes that prompt United States assistance is

necessary to alleviate the human suffering and resettlement needs

of the innocent victims of recent strife in Lebanon. Therefore, the

President is authorized to furnish assistance, on such terms and

conditions as he may determine, for the relief, rehabilitation, and

reconstruction needs of such victims. Assistance provided under

this section shall emphasize the provision of food, medicine,

clothing, shelter, and water supply systems, and similar efforts to

ameliorate the suffering of the people in Lebanon.

(b) Authorization of appropriations

In addition to amounts otherwise available for such purpose,

there is authorized to be appropriated to the President $50,000,000

to carry out this section. Amounts appropriated under this

subsection are authorized to remain available until expended.

(c) Policies and general authority

Assistance under this section shall be furnished in accordance

with the policies and general authorities contained in section 2292

of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495J, as added Pub. L. 97-208, June

30, 1982, 96 Stat. 138.)

-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. 2292q 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part IX - International Disaster Assistance

-HEAD-

Sec. 2292q. African famine assistance

-STATUTE-

(a) Authorization of assistance

The President is authorized to provide assistance for famine

relief, rehabilitation, and recovery in Africa. Assistance under

this section shall be provided for humanitarian purposes and shall

be provided on a grant basis. Such assistance shall include -

(1) relief, rehabilitation, and recovery projects to benefit

the poorest people, including the furnishing of seeds for

planting, fertilizer, pesticides, farm implements, farm animals

and vaccine and veterinary services to protect livestock upon

which people depend, blankets, clothing, and shelter, disease

prevention and health care projects, water projects (including

water purification and well-drilling), small-scale agricultural

projects, and food protection and preservation projects; and

(2) projects to meet emergency health needs, including

vaccinations.

(b) Uses of funds

(1) Private and voluntary organizations and international

organizations

Funds authorized to be appropriated by this section shall be

used primarily for grants to private and voluntary organizations

and international organizations.

(2) Emergency health projects

A significant portion of the funds authorized to be

appropriated by this section shall be used for emergency health

projects pursuant to subsection (a)(2) of this section.

(3) Management support activities

Of the amount authorized to be appropriated by this section,

$2,500,000 shall be transferred to the "Operating Expenses of the

Agency for International Development" account. These funds shall

be used for management support activities associated with the

planning, monitoring, and supervision of emergency food and

disaster assistance provided in those countries in Africa

described in section 5(a) of the African Famine Relief and

Recovery Act of 1985.

(c) Authorization of appropriations

In addition to the amounts otherwise available for such purpose,

there are authorized to be appropriated $137,500,000 for the fiscal

year 1985 for use in providing assistance under this section.

(d) Policies and authorities to be applied

Assistance under this section shall be furnished in accordance

with the policies and general authorities contained in section 2292

of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 495K, as added Pub. L. 99-8, Sec. 2,

Apr. 2, 1985, 99 Stat. 21.)

-REFTEXT-

REFERENCES IN TEXT

Section 5(a) of the African Famine Relief and Recovery Act of

1985, referred to in subsec. (b)(3), is section 5(a) of Pub. L.

99-8, formerly set out below.

-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-

AFRICAN FAMINE RELIEF AND RECOVERY ACT OF 1985

Pub. L. 99-8, Secs. 1, 3-6, Apr. 2, 1985, 99 Stat. 21-23,

authorized appropriations of $37,500,000 for fiscal year 1985 for

assisting refugees and displaced persons in Africa, in addition to

amounts otherwise available for such purpose, with such amount

available only for assistance in those countries in Africa that

suffered during calendar years 1984 and 1985 from exceptional food

supply problems due to drought and other calamities and directed

the President to report to Congress not later than June 30, 1985,

with respect to the United States contribution to meet emergency

needs, including food needs, for African famine assistance, and to

report to Congress not later than Sept. 30, 1985, on assistance

provided pursuant to this Act.

-End-

-CITE-

22 USC Part X - Development Fund for Africa 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part X - Development Fund for Africa

-HEAD-

PART X - DEVELOPMENT FUND FOR AFRICA

-MISC1-

PRIOR PROVISIONS

A prior part X, consisting of sections 2293 and 2294, related to

assistance to Portugal and Portuguese colonies in Africa gaining

independence, prior to repeal by Pub. L. 99-83, title XII, Sec.

1211(a)(4), Aug. 8, 1985, 99 Stat. 279.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2151k, 2151n, 2151p, 2151u,

2151x, 2346, 2421d, 6591, 7102 of this title.

-End-

-CITE-

22 USC Sec. 2293 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part X - Development Fund for Africa

-HEAD-

Sec. 2293. Long-term development assistance for sub-Saharan Africa

-STATUTE-

(a) Findings

The Congress finds that -

(1) drought and famine have caused countless deaths and untold

suffering among the people of sub-Saharan Africa;

(2) drought and famine in combination with other factors such

as desertification, government neglect of the agricultural

sector, and inappropriate economic policies have severely

affected long-term development in sub-Saharan Africa; and

(3) the most cost-effective and efficient way of overcoming

Africa's vulnerability to drought and famine is to address

Africa's long-term development needs through a process that

builds upon the needs and capabilities of the African people,

promotes sustained and equitable economic growth, preserves the

environment, and protects the rights of the individual.

(b) Authority to furnish assistance

The President is authorized to furnish project and program

assistance, on such terms and conditions as he may determine in

accordance with the policies contained in this section, for

long-term development in sub-Saharan Africa.

(c) Purpose of assistance

(1) Purpose

The purpose of assistance under this section shall be to help

the poor majority of men and women in sub-Saharan Africa to

participate in a process of long-term development through

economic growth that is equitable, participatory, environmentally

sustainable, and self-reliant.

(2) Use of assistance to encourage private sector development

Assistance under this section should, in a manner consistent

with paragraph (1), be used to promote sustained economic growth,

encourage private sector development, promote individual

initiatives, and help to reduce the role of central governments

in areas more appropriate for the private sector.

(d) Application of development assistance general authorities and

policies

Except to the extent inconsistent with this section -

(1) any reference in any law to part I of this subchapter

(including references to sections 2151a through 2151d of this

title) shall be deemed to include a reference to this section;

and

(2) assistance under this section shall be provided consistent

with the policies contained in section 2151-1 of this title.

(e) Private and voluntary organizations

(1) Consultation to ensure local perspectives

The Agency for International Development shall take into

account the local-level perspectives of the rural and urban poor

in sub-Saharan Africa, including women, during the planning

process for project and program assistance under this section. In

order to gain that perspective the Agency for International

Development should consult closely with African, United States,

and other private and voluntary organizations that have

demonstrated effectiveness in or commitment to the promotion of

local, grassroots activities on behalf of long-term development

in sub-Saharan Africa as described in subsection (c) of this

section.

(2) "Private and voluntary organization" defined

For purposes of this section, the term "private and voluntary

organization" includes (in addition to entities traditionally

considered to be private and voluntary organizations)

cooperatives, credit unions, trade unions, women's groups,

nonprofit development research institutions, and indigenous local

organizations, which are private and nonprofit.

(f) Local involvement in project implementation

Local people, including women, shall be closely consulted and

involved in the implementation of every project under this section

which as (!1) a local focus.

(g) Participation of African women

The Agency for International Development shall ensure that

development activities assisted under this section incorporate a

significant expansion of the participation (including

decisionmaking) and integration of African women in each of the

critical sectors described in subsection (i) of this section.

(h) Types of assistance

(1) Projects and programs to address critical sectoral priorities

Assistance under this section shall emphasize primarily

projects and programs to address critical sectoral priorities for

long-term development described in subsection (i) of this

section.

(2) Reform of economic policies

(A) Use of program assistance

Assistance under this section may also include program

assistance to promote reform of sectoral economic policies

affecting long-term development in sub-Saharan Africa as

described in subsection (c) of this section, with primary

emphasis on reform of economic policies to support the critical

sectoral priorities described in subsection (i) of this

section.

(B) Protection of vulnerable groups

Assisted policy reforms shall also include provisions to

protect vulnerable groups (especially poor, isolated, and

female farmers, the urban poor, and children including

displaced children) and long-term environmental interests from

possible negative consequences of the reforms.

(3) Democratization and conflict resolution capabilities

Assistance under this section may also include program

assistance -

(A) to promote democratization, good governance, and strong

civil societies in sub-Saharan Africa; and

(B) to strengthen conflict resolution capabilities of

governmental, intergovernmental, and nongovernmental entities

in sub-Saharan Africa.

(4) Other assistance

Funds made available to carry out this section shall be used

almost exclusively for assistance in accordance with paragraphs

(1), (2), and (3). Assistance consistent with the purpose of

subsection (c) of this section may also be furnished under this

section to carry out the provisions of sections 2151a through

2151d of this title.

(i) Critical sectoral priorities

The critical sectoral priorities for long-term development, as

described in subsection (c) of this section, are the following:

(1) Agricultural production and natural resources

(A) Agricultural production

Increasing agricultural production in ways which protect and

restore the natural resource base, especially food production,

through agricultural policy changes, agricultural research

(including participatory research directly involving small

farmers) and extension, development and promotion of

agriculture marketing activities, credit facilities, and

appropriate production packages, and the construction and

improvement of needed production-related infrastructure such as

farm-to-market roads, small-scale irrigation, and rural

electrification. Within this process, emphasis shall be given

to promoting increased equity in rural income distribution,

recognizing the role of small farmers.

(B) Natural resource base

Maintaining and restoring the renewable natural resource base

primarily in ways which increase agricultural production,

through the following:

(i) Small-scale, affordable, resource-conserving, low-risk

local projects, using appropriate technologies (including

traditional agricultural methods) suited to local

environmental, resource, and climatic conditions, and

featuring close consultation with and involvement of local

people at all stages of project design and implementation.

Emphasis shall be given to grants for African local

government organizations, international or African

nongovernmental organizations, and United States private and

voluntary organizations.

(ii) Support for efforts at national and regional levels to

provide technical and other support for projects of the kinds

described in clause (i) and to strengthen the capacities of

African countries to provide effective extension and other

services in support of environmentally sustainable increases

in food production.

(iii) Support for special training and education efforts to

improve the capacity of countries in sub-Saharan Africa to

manage their own environments and natural resources.

(iv) Support for low-cost desalination activities in order

to increase the availability of fresh water sources in

sub-Saharan Africa.

(2) Health

Improving health conditions, with special emphasis on meeting

the health needs of mothers and children (including displaced

children) through the establishment of primary health care

systems that give priority to preventive health and that will be

ultimately self-sustaining. In addition, providing training and

training facilities, in sub-Saharan Africa, for doctors and other

health care providers, notwithstanding any provision of law that

restricts assistance to foreign countries.

(3) Voluntary family planning services

Providing increased access to voluntary family planning

services, including encouragement of private, community, and

local government initiatives.

(4) Education

Improving the relevance, equity, and efficiency of education,

with special emphasis on improving primary education.

(5) Income-generating opportunities

Developing income-generating opportunities for the unemployed

and underemployed in urban and rural areas through, among other

things, support for off-farm employment opportunities in micro-

and small-scale labor-intensive enterprises.

(j) Minimum levels of assistance for certain critical sectors

The Agency for International Development should target the

equivalent of 10 percent of the amount authorized to be

appropriated for each fiscal year to carry out this part for each

of the following:

(1) The activities described in subsection (i)(1)(B) of this

section, including identifiable components of agricultural

production projects.

(2) The activities described in subsection (i)(2) of this

section.

(3) The activities described in subsection (i)(3) of this

section.

(k) Effective use of assistance

Assistance provided under this section shall be concentrated in

countries which will make the most effective use of such assistance

in order to fulfill the purpose specified in subsection (c) of this

section, especially those countries (including those of the Sahel

region) having the greatest need for outside assistance.

(g742l) Promotion of regional integration

Assistance under this section shall, to the extent consistent

with this section, include assistance to promote the regional and

subregional integration of African production structures, markets,

and infrastructure.

(m) Donor coordination mechanism

Funds made available to carry out this section may be used to

assist the governments of countries in sub-Saharan Africa to

increase their capacity to participate effectively in donor

coordination mechanisms at the country, regional, and sector

levels.

(n) Relation to other authorities

(1) Assistance under other authorities

The authority granted by this section to provide assistance for

long-term development in sub-Saharan Africa is not intended to

preclude the use of other authorities for that purpose. Centrally

funded programs which benefit sub-Saharan Africa shall continue

to be funded under part I of this subchapter.

(2) Transfer authorities

(A) The transfer authority contained in section 2151g of this

title shall not apply with respect to this section.

(B) The transfer authority contained in section 2360(a) of this

title may not be used to transfer funds made available to carry

out this section in order to allow them to be used in carrying

out any other provision of this chapter.

(3) Reprogramming notifications

Section 2394-1 of this title does not apply with respect to

funds made available to carry out this section.

(4) Procurement of goods and services

In order to allow the assistance authorized by this section to

be furnished as effectively and expeditiously as possible,

section 2354(a) of this title, and similar provisions relating to

the procurement of goods and services, shall not apply with

respect to goods and services procured for use in carrying out

this section. The exemption provided by this paragraph shall not

be construed to apply to the Comprehensive Anti/Apartheid Act of

1986.

(g742o) Support for SADCC projects

(1) Authority to provide assistance

To the extent funds are provided for such purpose in the annual

Foreign Operations, Export Financing, and Related Programs

Appropriations Act, funds made available to carry out this part

may be used to assist sector projects, in the sectors specified

in paragraph (2), that are supported by the Southern Africa

Development Coordination Conference (SADCC) to enhance the

economic development of the member states forming that regional

institution.

(2) Sectors

The sectors with respect to which assistance may be provided

under this subsection are the following: transportation; manpower

development; agriculture and natural resources; energy (including

the improved utilization of electrical power sources which

already exist in the member states and offer the potential to

swiftly reduce the dependence of those states on South Africa for

electricity); and industrial development and trade (including

private sector initiatives).

(3) Relation to DFA policies and authorities

To the maximum extent feasible, the assistance authorized by

this subsection shall be provided consistent with the policies

and authorities contained in the preceding subsection of this

section.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 496, as added Pub. L. 101-513, title

V, Sec. 562(a), Nov. 5, 1990, 104 Stat. 2026; amended Pub. L.

106-200, title I, Sec. 127(c), May 18, 2000, 114 Stat. 273; Pub. L.

106-264, title I, Sec. 111(b), Aug. 19, 2000, 114 Stat. 752.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (n)(2)(B), was in the

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

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

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

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

The Comprehensive Anti/Apartheid Act of 1986, referred to in

subsec. (n)(4), probably means the Comprehensive Anti-Apartheid Act

of 1986, which is Pub. L. 99-440, Oct. 2, 1986, 100 Stat. 1086, as

amended, and was classified principally to chapter 60 (Sec. 5001 et

seq.) of this title, prior to repeal by Pub. L. 103-149, Sec.

4(a)(1), (2), Nov. 23, 1993, 107 Stat. 1504, 1505. For complete

classification of this Act to the Code, see Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2293, Pub. L. 87-195, pt. I, Sec. 496, as added

Pub. L. 93-559, Sec. 53, Dec. 30, 1974, 88 Stat. 1818; amended Pub.

L. 94-161, title III, Sec. 314, Dec. 20, 1975, 89 Stat. 866,

related to economic assistance, etc., to Portugal and Portuguese

colonies in Africa gaining independence, prior to repeal by Pub. L.

99-83, title XII, Sec. 1211(a)(4), Aug. 8, 1985, 99 Stat. 279,

effective Oct. 1, 1985.

AMENDMENTS

2000 - Subsec. (h)(3). Pub. L. 106-200, Sec. 127(c)(1)(B), added

par. (3). Former par. (3) redesignated (4).

Subsec. (h)(4). Pub. L. 106-200, Sec. 127(c)(1)(A), (2),

redesignated par. (3) as (4) and substituted "paragraphs (1), (2),

and (3)" for "paragraphs (1) and (2)" in first sentence.

Subsec. (i)(2). Pub. L. 106-264 inserted at end "In addition,

providing training and training facilities, in sub-Saharan Africa,

for doctors and other health care providers, notwithstanding any

provision of law that restricts assistance to foreign countries."

-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-

AGRICULTURAL AND RURAL DEVELOPMENT IN SUB-SAHARAN AFRICA

Pub. L. 105-385, Sec. 2, Nov. 13, 1998, 112 Stat. 3460, provided

that:

"(a) Findings. - Congress finds the following:

"(1) The economic, security, and humanitarian interests of the

United States and the nations of sub-Saharan Africa would be

enhanced by sustainable, broad-based agricultural and rural

development in each of the African nations.

"(2) According to the Food and Agriculture Organization, the

number of undernourished people in Africa has more than doubled,

from approximately 100,000,000 in the late 1960s to 215,000,000

in 1998, and is projected to increase to 265,000,000 by the year

2010. According to the Food and Agriculture Organization, the

term 'under nutrition' means inadequate consumption of nutrients,

often adversely affecting children's physical and mental

development, undermining their future as productive and creative

members of their communities.

"(3) Currently, agricultural production in Africa employs about

two-thirds of the workforce but produces less than one-fourth of

the gross domestic product in sub-Saharan Africa, according to

the World Bank Group.

"(4) African women produce up to 80 percent of the total food

supply in Africa according to the International Food Policy

Research Institute.

"(5) An effective way to improve conditions of the poor is to

increase the productivity of the agricultural sector.

Productivity increases can be fostered by increasing research and

education in agriculture and rural development.

"(6) In November 1996, the World Food Summit set a goal of

reducing hunger worldwide by 50 percent by the year 2015 and

encouraged national governments to develop domestic food plans

and to support international aid efforts.

"(7) Although the World Bank Group recently has launched a

major initiative to support agricultural and rural development,

only 10 percent, or $1,200,000,000, of its total lending to

sub-Saharan Africa for fiscal years 1993 to 1997 was devoted to

agriculture.

"(8)(A) United States food processing and agricultural sectors

benefit greatly from the liberalization of global trade and

increased exports.

"(B) Africa represents a growing market for United States food

and agricultural products. Africa's food imports are projected to

rise from less than 8,000,000 metric tons in 1990 to more than

25,000,000 metric tons by the [sic] 2020.

"(9)(A) Increased private sector investment in African

countries and expanded trade between the United States and Africa

can greatly help African countries achieve food self-sufficiency

and graduate from dependency on international assistance.

"(B) Development assistance, technical assistance, and training

can facilitate and encourage commercial development in Africa,

such as improving rural roads, agricultural research and

extension, and providing access to credit and other resources.

"(10)(A) Several United States private voluntary organizations

have demonstrated success in empowering Africans through direct

business ownership and helping African agricultural producers

more efficiently and directly market their products.

"(B) Rural business associations, owned and controlled by

farmer shareholders, also greatly help agricultural producers to

increase their household incomes.

"(b) Declaration of Policy. - It is the policy of the United

States, consistent with title XII of part I of the Foreign

Assistance Act of 1961 [probably means title XII of chapter 2 of

part I of the Foreign Assistance Act of 1961, 22 U.S.C. 2220a et

seq.], to support governments of sub-Saharan African countries,

United States and African nongovernmental organizations,

universities, businesses, and international agencies, to help

ensure the availability of basic nutrition and economic

opportunities for individuals in sub-Saharan Africa, through

sustainable agriculture and rural development."

Pub. L. 105-385, title I, Nov. 13, 1998, 112 Stat. 3462, provided

that:

"SEC. 101. AFRICA FOOD SECURITY INITIATIVE.

"(a) Additional Requirements in Carrying Out the Initiative. - In

providing development assistance under the Africa Food Security

Initiative, or any comparable or successor program, the

Administrator of the United States Agency for International

Development -

"(1) shall emphasize programs and projects that improve the

food security of infants, young children, school-age children,

women and food-insecure households, or that improve the

agricultural productivity, incomes, and marketing of the rural

poor in Africa;

"(2) shall solicit and take into consideration the views and

needs of intended beneficiaries and program participants during

the selection, planning, implementation, and evaluation phases of

projects;

"(3) shall favor countries that are implementing reforms of

their trade and investment laws and regulations in order to

enhance free market development in the food processing and

agricultural sectors; and

"(4) shall ensure that programs are designed and conducted in

cooperation with African and United States organizations and

institutions, such as private and voluntary organizations,

cooperatives, land-grant and other appropriate universities, and

local producer-owned cooperative marketing and buying

associations, that have expertise in addressing the needs of the

poor, small-scale farmers, entrepreneurs, and rural workers,

including women.

"(b) Sense of the Congress. - It is the sense of the Congress

that, if there is an increase in funding for sub-Saharan programs,

the Administrator of the United States Agency for International

Development should proportionately increase resources to the Africa

Food Security Initiative, or any comparable or successor program,

for fiscal year 2000 and subsequent fiscal years in order to meet

the needs of the countries participating in such Initiative.

"SEC. 102. MICROENTERPRISE ASSISTANCE.

"(a) Bilateral Assistance. - In providing microenterprise

assistance for sub-Saharan Africa, the Administrator of the United

States Agency for International Development shall, to the extent

practicable, use credit and microcredit assistance to improve the

capacity and efficiency of agriculture production in sub-Saharan

Africa of small-scale farmers and small rural entrepreneurs. In

providing assistance, the Administrator should use the applied

research and technical assistance capabilities of United States

land-grant universities.

"(b) Multilateral Assistance. -

"(1) In general. - The Administrator of the United States

Agency for International Development shall continue to work with

other countries, international organizations (including

multilateral development institutions), and entities assisting

microenterprises and shall develop a comprehensive and

coordinated strategy for providing microenterprise assistance for

sub-Saharan Africa.

"(2) Additional requirement. - In carrying out paragraph (1),

the Administrator should encourage the World Bank Consultative

Group to Assist the Poorest to coordinate the strategy described

in such paragraph.

"SEC. 103. SUPPORT FOR PRODUCER-OWNED COOPERATIVE MARKETING

ASSOCIATIONS.

"(a) Purposes. - The purposes of this section are -

"(1) to support producer-owned cooperative purchasing and

marketing associations in sub-Saharan Africa;

"(2) to strengthen the capacity of farmers in sub-Saharan

Africa to participate in national and international private

markets and to promote rural development in sub-Saharan Africa;

"(3) to encourage the efforts of farmers in sub-Saharan Africa

to increase their productivity and income through improved access

to farm supplies, seasonal credit, technical expertise; and

"(4) to support small businesses in sub-Saharan Africa as they

grow beyond microenterprises.

"(b) Support for Producer-Owned Cooperative Marketing

Associations. -

"(1) Activities. -

"(A) In general. - The Administrator of the United States

Agency for International Development is authorized to utilize

relevant foreign assistance programs and initiatives for

sub-Saharan Africa to support private producer-owned

cooperative marketing associations in sub-Saharan Africa,

including rural business associations that are owned and

controlled by farmer shareholders.

"(B) Additional requirements. - In carrying out subparagraph

(A), the Administrator -

"(i) shall take into account small-scale farmers, small

rural entrepreneurs, and rural workers and communities; and

"(ii) shall take into account the local-level perspectives

of the rural and urban poor through close consultation with

these groups, consistent with section 496(e)(1) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2293(e)(1)).

"(2) Other activities. - In addition to carrying out paragraph

(1), the Administrator is encouraged -

"(A) to cooperate with governments of foreign countries,

including governments of political subdivisions of such

countries, their agricultural research universities, and

particularly with United States nongovernmental organizations

and United States land-grant universities, that have

demonstrated expertise in the development and promotion of

successful private producer-owned cooperative marketing

associations; and

"(B) to facilitate partnerships between United States and

African cooperatives and private businesses to enhance the

capacity and technical and marketing expertise of business

associations in sub-Saharan Africa.

"SEC. 104. AGRICULTURAL AND RURAL DEVELOPMENT ACTIVITIES OF THE

OVERSEAS PRIVATE INVESTMENT CORPORATION.

"(a) Purpose. - The purpose of this section is to encourage the

Overseas Private Investment Corporation to work with United States

businesses and other United States entities to invest in rural

sub-Saharan Africa, particularly in ways that will develop the

capacities of small-scale farmers and small rural entrepreneurs,

including women, in sub-Saharan Africa.

"(b) Sense of the Congress. - It is the sense of the Congress

that -

"(1) the Overseas Private Investment Corporation should

exercise its authority under law to undertake an initiative to

support private agricultural and rural development in sub-Saharan

Africa, including issuing loans, guaranties, and insurance, to

support rural development in sub-Saharan Africa, particularly to

support intermediary organizations that -

"(A) directly serve the needs of small-scale farmers, small

rural entrepreneurs, and rural producer-owned cooperative

purchasing and marketing associations;

"(B) have a clear track-record of support for sound business

management practices; and

"(C) have demonstrated experience with participatory

development methods; and

"(2) the Overseas Private Investment Corporation should utilize

existing equity funds, loan and insurance funds, to the extent

feasible and in accordance with existing contractual obligations,

to support agriculture and rural development in sub-Saharan

Africa.

"SEC. 105. AGRICULTURAL RESEARCH AND EXTENSION ACTIVITIES.

"(a) Development of Plan. - The Administrator of the United

States Agency for International Development, in consultation with

the Secretary of Agriculture and appropriate Department of

Agriculture agencies, especially the Cooperative State, Research,

Education and Extension Service (CSREES), shall develop a

comprehensive plan to coordinate and build on the research and

extension activities of United States land-grant universities,

international agricultural research centers, and national

agricultural research and extension centers in sub-Saharan Africa.

"(b) Additional Requirements. - Such plan shall seek to ensure

that -

"(1) research and extension activities will respond to the

needs of small-scale farmers while developing the potential and

skills of researchers, extension agents, farmers, and

agribusiness persons in sub-Saharan Africa;

"(2) sustainable agricultural methods of farming will be

considered together with new technologies in increasing

agricultural productivity in sub-Saharan Africa; and

"(3) research and extension efforts will focus on sustainable

agricultural practices and will be adapted to widely varying

climates within sub-Saharan Africa."

REPORTS TO CONGRESS

Section 562(c) of Pub. L. 101-513 provided that: "As part of the

annual Congressional Presentation materials for economic

assistance, the Administrator of the Agency for International

Development shall include a description of the progress made during

the previous fiscal year in carrying out chapter 10 of part I of

the Foreign Assistance Act of 1961 [this part] in three countries

in sub-Saharan Africa which represent differing economic situations

and levels of progress. The description shall include -

"(1) the nature and extent of consultation to ensure local

perspectives, as described in subsections (e)(1) and (f) of

section 496 [22 U.S.C. 2293(e)(1), (f)];

"(2) the degree of involvement of local people in the

implementation of projects having a local focus;

"(3) the extent to which there has been expansion of the

participation and integration of African women in each of the

critical sectors specified in section 496(i);

"(4) program assistance provided, including the amounts

obligated, the criteria used for assisting reforms, and the

provisions made pursuant to section 496(h)(2)(B) to protect

vulnerable groups from possible negative consequences of the

reforms; and

"(5) a description of the assistance for the critical sector

priorities specified in section 496(i), by sector, including the

amounts obligated."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2294 of this title.

-FOOTNOTE-

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

-End-

-CITE-

22 USC Sec. 2294 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part X - Development Fund for Africa

-HEAD-

Sec. 2294. Authorizations of appropriations for Development Fund

for Africa

-STATUTE-

Funds appropriated to carry out this part are authorized to be

made available until expended. It is the sense of the Congress that

the authority of this subsection (!1) should be used to extend the

period of availability of those funds whenever appropriate to

improve the quality of assistance provided under section 2293 of

this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 497, as added Pub. L. 101-513, title

V, Sec. 562(a), Nov. 5, 1990, 104 Stat. 2030.)

-MISC1-

PRIOR PROVISIONS

A prior section 2294, Pub. L. 87-195, pt. I, Sec. 497, as added

Pub. L. 95-92, Sec. 4, Aug. 4, 1977, 91 Stat. 614, related to

balance of payments loan for Portugal, prior to repeal by Pub. L.

99-83, title XII, Sec. 1211(a)(4), Aug. 8, 1985, 99 Stat. 279,

effective Oct. 1, 1985.

-FOOTNOTE-

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

-End-

-CITE-

22 USC Part XI - Support for Economic and Democratic

Development of the Independent

States of the Former Soviet Union 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XI - Support for Economic and Democratic Development of the

Independent States of the Former Soviet Union

-HEAD-

PART XI - SUPPORT FOR ECONOMIC AND DEMOCRATIC DEVELOPMENT OF THE

INDEPENDENT STATES OF THE FORMER SOVIET UNION

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2296e, 2349bb-4, 5813, 5821,

5823, 5828, 5841, 6591 of this title.

-End-

-CITE-

22 USC Sec. 2295 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XI - Support for Economic and Democratic Development of the

Independent States of the Former Soviet Union

-HEAD-

Sec. 2295. Assistance for the independent states

-STATUTE-

The President is authorized to provide assistance to the

independent states of the former Soviet Union under this part for

the following activities:

(1) Urgent humanitarian needs

Meeting urgent humanitarian needs (including those arising from

the health effects of exposure to radiation in the Chernobyl

region), in particular -

(A) meeting needs for medicine, medical supplies and

equipment, and food, including the nutritional needs of infants

such as processed baby food; and

(B) continuing efforts to rebuild from the earthquake in

Armenia.

(2) Democracy and rule of law

Establishing a democratic and free society by fostering -

(A) political, social, and economic pluralism;

(B) respect for internationally recognized human rights and

the rule of law;

(C) the development of institutions of democratic governance,

including electoral and legislative processes;

(D) the institution and improvement of public administration

at the national, intergovernmental, regional, and local level;

(E) development and support of grass-roots and

nongovernmental organizations promoting democracy, the rule of

law, transparency, and accountability in the political process,

including grants in small amounts to such organizations;

(F) international exchanges and other forms of public

diplomacy to promote greater understanding on how democracy,

the public policy process, market institutions, and an

independent judiciary function in Western societies;

(G) political parties and coalitions committed to promoting

democracy, human rights, and economic reforms;

(H) support for civic organizations committed to promoting

human rights;

(I) the development of effective control by elected civilian

officials over, and the development of a nonpolitical officer

corps in, the military and security forces; and

(J) strengthened administration of justice through programs

and activities carried out in accordance with section 2295b(e)

of this title, including -

(i) support for nongovernmental organizations, civic

organizations, and political parties that favor a strong and

independent judiciary;

(ii) support for local organizations that work with judges

and law enforcement officials in efforts to achieve a

reduction in the number of pretrial detainees; and

(iii) support for the creation of legal associations or

groups that provide training in human rights and advocacy,

public education with respect to human rights-related laws

and proposed legislation, and legal assistance to persons

subject to improper government interference.

(3) Independent media

Developing free and independent media, including -

(A) supporting all forms of independent media reporting,

including print, radio, and television;

(B) providing special support for, and unrestricted public

access to, nongovernmental Internet-based sources of

information, dissemination and reporting, including providing

technical and other support for web radio services, providing

computers and other necessary resources for Internet

connectivity and training new Internet users in nongovernmental

civic organizations on methods and uses of Internet-based

media; and

(C) training in journalism, including investigative

journalism techniques that educate the public on the costs of

corruption and act as a deterrent against corrupt officials.

(4) Free market systems

Creating and developing private enterprise and free market

systems based on the principle of private ownership of property,

including -

(A) the development of private cooperatives, credit unions,

and labor unions;

(B) the improvement in the collection and analysis of

statistical information;

(C) the reform and restructuring of banking and financial

systems; and

(D) the protection of intellectual property.

(5) Trade and investment

Creating conditions that promote trade and investment, and

encouraging participation of the United States private sector in

the development of the private sector in the independent states

of the former Soviet Union.

(6) Food distribution and production

Promoting market-based mechanisms for the distribution of the

inputs necessary to agricultural production and for the handling,

marketing, storage, and processing of agricultural commodities;

encouraging policies that provide incentives for agricultural

production; and creating institutions that provide technical and

financial support for the agricultural sector.

(7) Health and human services

Promoting programs to strengthen and build institutions that

provide quality health care and voluntary family planning

services, housing, and other services and policies that are

components of a social safety net, particularly for infants,

children, and people with disabilities.

(8) Education and educational television

Promoting broad-based educational reform at all levels, in

particular -

(A) by assisting the development of curricula and by making

available textbooks, other educational materials, and

appropriate telecommunications technologies for the delivery of

educational and instructional programming; and

(B) by assisting the development of the skills necessary to

produce educational television programs aimed at promoting

basic skills and the human values associated with a democratic

society and a free market economy.

(9) Energy efficiency and production

Promoting market-based pricing policies and the transfer of

technologies that reduce energy wastage and harmful emissions;

supporting developmentally sound capital energy projects that

utilize United States advanced coal technologies; and promoting

efficient production, use, and transportation of oil, gas, coal,

and other sources of energy.

(10) Civilian nuclear reactor safety

Implementing -

(A) a program of short-term safety upgrade of civilian

nuclear power plants, including the training of power plant

personnel, implementation of improved procedures for nuclear

power plant operation, the development of effective and

independent regulatory authorities, and cost-effective hardware

upgrades; and

(B) a program to retire those civilian nuclear power plants

whose capacity could be more cost-effectively replaced through

energy efficiency.

(11) Environment

Enhancing the human and natural environment and conserving

environmental resources, including through -

(A) facilitation of the adoption of environmentally-sound

policies and technologies, environmental restoration, and

sustainable use of natural resources;

(B) promotion of the provision of environmental technology,

education, and training by United States businesses,

not-for-profit organizations, and institutions of higher

education; and

(C) promotion of cooperative research efforts to validate and

improve environmental monitoring of protracted radiation

exposure.

(12) Transportation and telecommunications

Improving transportation and telecommunications infrastructure

and management, including intermodal transportation systems to

ensure the safe and efficient movement of people, products, and

materials.

(13) Drug education, interdiction, and eradication

Promoting drug education, interdiction, and eradication

programs.

(14) Migration

Protecting and caring for refugees, displaced persons, and

other migrants; addressing the root causes of migration; and

promoting the development of appropriate immigration and

emigration laws and procedures.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 498, as added Pub. L. 102-511, title

II, Sec. 201, Oct. 24, 1992, 106 Stat. 3324; amended Pub. L.

107-246, Sec. 4(a), Oct. 23, 2002, 116 Stat. 1514.)

-MISC1-

AMENDMENTS

2002 - Par. (2). Pub. L. 107-246, Sec. 4(a)(1)(A), substituted

"Democracy and rule of law" for "Democracy" in heading.

Par. (2)(E) to (J). Pub. L. 107-246, Sec. 4(a)(1)(B)-(E), added

subpars. (E) to (H) and (J), redesignated former subpar. (F) as

(I), and struck out former subpars. (E) and (G) which read as

follows:

"(E) the development of a free and independent media;

"(G) strengthened administration of justice through programs and

activities carried out in accordance with section 2295b(e) of this

title."

Pars. (3) to (14). Pub. L. 107-246, Sec. 4(a)(2), added par. (3)

and redesignated former pars. (3) to (13) as (4) to (14),

respectively.

-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, and section 3(b) of

Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended, set

out as a note under section 5812 of this title.

-MISC2-

FINDINGS AND PURPOSES

Pub. L. 107-246, Sec. 2, Oct. 23, 2002, 116 Stat. 1511, provided

that:

"(a) Findings. - Congress makes the following findings:

"(1) Since the dissolution of the Soviet Union, the leadership

of the Russian Federation has publicly committed itself to

building -

"(A) a society with democratic political institutions and

practices, the observance of universally recognized standards

of human rights, and religious and press freedom; and

"(B) a market economy based on internationally accepted

principles of transparency, accountability, and the rule of

law.

"(2) In order to facilitate this transition, the international

community has provided multilateral and bilateral technical

assistance, and the United States' contribution to these efforts

has played an important role in developing new institutions built

on democratic and liberal economic foundations and the rule of

law.

"(3)(A) Since 1992, United States Government democratic reform

programs and public diplomacy programs, including training, and

small grants have provided access to and training in the use of

the Internet, brought nearly 40,000 Russian citizens to the

United States, and have led to the establishment of more than

65,000 nongovernmental organizations, thousands of independent

local media outlets, despite governmental opposition, and

numerous political parties.

"(B) These efforts contributed to the substantially free and

fair Russian parliamentary elections in 1995 and 1999.

"(4) The United States has assisted Russian efforts to replace

its centrally planned, state-controlled economy with a market

economy and helped create institutions and infrastructure for a

market economy. Approximately two-thirds of the Russian

Federation's gross domestic product is now generated by the

private sector, and the United States recognized Russia as a

market economy on June 7, 2002.

"(5)(A) The United States has fostered grassroots

entrepreneurship in the Russian Federation by focusing United

States economic assistance on small- and medium-sized businesses

and by providing training, consulting services, and small loans

to more than 250,000 Russian entrepreneurs.

"(B) There are now more than 900,000 small businesses in the

Russian Federation, producing 12 to 15 percent, depending on the

estimate, of the gross domestic product of the Russian

Federation.

"(C) United States-funded programs have contributed to fighting

corruption and financial crime, such as money laundering, by

helping to -

"(i) establish a commercial legal infrastructure;

"(ii) develop an independent judiciary;

"(iii) support the drafting of a new criminal code, civil

code, and bankruptcy law;

"(iv) develop a legal and regulatory framework for the

Russian Federation's equivalent of the United States Securities

and Exchange Commission;

"(v) support Russian law schools;

"(vi) create legal aid clinics; and

"(vii) bolster law-related activities of nongovernmental

organizations.

"(6) Because the capability of Russian democratic forces and

the civil society to organize and defend democratic gains without

international support is uncertain, and because the gradual

integration of the Russian Federation into the global order of

free-market, democratic nations would enhance Russian cooperation

with the United States on a wide range of political, economic,

and security issues, the success of democracy in Russia is in the

national security interest of the United States, and the United

States Government should develop a far-reaching and flexible

strategy aimed at strengthening Russian society's support for

democracy and a market economy, particularly by enhancing Russian

democratic institutions and education, promoting the rule of law,

and supporting Russia's independent media.

"(7) Since the tragic events of September 11, 2001, the Russian

Federation has stood with the United States and the rest of the

civilized world in the struggle against terrorism and has

cooperated in the war in Afghanistan by sharing intelligence and

through other means.

"(8) United States-Russia relations have improved, leading to a

successful summit between President Bush and President Putin in

May 2002, resulting in a 'Foundation for Cooperation'.

"(b) Purposes. - The purposes of this Act [see Short Title of

2002 Amendments note set out under section 2151 of this title] are

-

"(1) to strengthen and advance institutions of democratic

government and of free and independent media, and to sustain the

development of an independent civil society in the Russian

Federation based on religious and ethnic tolerance,

internationally recognized human rights, and an internationally

recognized rule of law; and

"(2) to focus United States foreign assistance programs on

using local expertise and to give local organizations a greater

role in designing and implementing such programs, while

maintaining appropriate oversight and monitoring."

UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION

Pub. L. 107-246, Sec. 3, Oct. 23, 2002, 116 Stat. 1513, provided

that:

"(a) Sense of Congress. - It is the sense of Congress that the

United States Government should -

"(1) recognize that a democratic and economically stable

Russian Federation is inherently less confrontational and

destabilizing in its foreign policy and therefore that the

promotion of democracy in Russia is in the national security

interests of the United States; and

"(2) continue and increase assistance to the democratic forces

in the Russian Federation, including the independent media,

regional administrations, democratic political parties, and

nongovernmental organizations.

"(b) Statement of Policy. - It shall be the policy of the United

States -

"(1) to facilitate Russia's integration into the Western

community of nations, including supporting the establishment of a

stable democracy and a market economy within the framework of the

rule of law and respect for individual rights, including Russia's

membership in the appropriate international institutions;

"(2) to engage the Government of the Russian Federation and

Russian society in order to strengthen democratic reform and

institutions, and to promote transparency and good governance in

all aspects of society, including fair and honest business

practices, accessible and open legal systems, freedom of

religion, and respect for human rights;

"(3) to advance a dialogue among United States Government

officials, private sector individuals, and representatives of the

Government of the Russian Federation regarding Russia's

integration into the Western community of nations;

"(4) to encourage United States Government officials and

private sector individuals to meet regularly with democratic

activists, human rights activists, representatives of the

independent media, representatives of nongovernmental

organizations, civic organizers, church officials, and

reform-minded politicians from Moscow and all other regions of

the Russian Federation;

"(5) to incorporate democratic reforms, the promotion of

independent media, and economic reforms in a broader United

States dialogue with the Government of the Russian Federation;

"(6) to encourage the Government of the Russian Federation to

address, in a cooperative and transparent manner consistent with

internationally recognized and accepted principles, cross-border

issues, including the nonproliferation of weapons of mass

destruction, environmental degradation, crime, trafficking, and

corruption;

"(7) to consult with the Government of the Russian Federation

and the Russian Parliament on the adoption of economic and social

reforms necessary to sustain Russian economic growth and to

ensure Russia's transition to a fully functioning market economy

and membership in the World Trade Organization;

"(8) to persuade the Government of the Russian Federation to

honor its commitments made to the Organization for Security and

Cooperation in Europe (OSCE) at the November 1999 Istanbul

Conference, and to conduct a genuine good neighbor policy toward

the other independent states of the former Soviet Union in the

spirit of internationally accepted principles of regional

cooperation; and

"(9) to encourage the G-8 partners and international financial

institutions, including the World Bank, the International

Monetary Fund, and the European Bank for Reconstruction and

Development, to develop financial safeguards and transparency

practices in lending to the Russian Federation."

ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION

Pub. L. 107-246, Sec. 5, Oct. 23, 2002, 116 Stat. 1515, provided

that:

"(a) Assistance Programs. - In providing assistance to the

Russian Federation under chapter 11 of part I of the Foreign

Assistance Act of 1961 (22 U.S.C. 2295 et seq.), the President is

authorized to -

"(1) work with the Government of the Russian Federation, the

Duma, and representatives of the Russian Federation judiciary to

help implement a revised and improved code of criminal procedure

and other laws;

"(2) establish civic education programs relating to democracy,

public policy, the rule of law, and the importance of independent

media, including the establishment of 'American Centers' and

public policy schools at Russian universities and encourage

cooperative programs with universities in the United States to

offer courses through Internet-based off-site learning centers at

Russian universities; and

"(3) support the Regional Initiatives (RI) program, which

provides targeted assistance in those regions of the Russian

Federation that have demonstrated a commitment to reform,

democracy, and the rule of law, and which promotes the concept of

such programs as a model for all regions of the Russian

Federation.

"(b) Radio Free Europe/Radio Liberty and Voice of America. -

RFE/RL, Incorporated, and the Voice of America should use new and

innovative techniques, in cooperation with local independent media

sources and using local languages as appropriate and as possible,

to disseminate throughout the Russian Federation information

relating to democracy, free-market economics, the rule of law, and

human rights."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2295b, 2296a, 5813, 5821

of this title.

-End-

-CITE-

22 USC Sec. 2295a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XI - Support for Economic and Democratic Development of the

Independent States of the Former Soviet Union

-HEAD-

Sec. 2295a. Criteria for assistance to governments of the

independent states

-STATUTE-

(a) In general

In providing assistance under this part for the government of any

independent state of the former Soviet Union, the President shall

take into account not only relative need but also the extent to

which that independent state is acting to -

(1) make significant progress toward, and is committed to the

comprehensive implementation of, a democratic system based on

principles of the rule of law, individual freedoms, and

representative government determined by free and fair elections;

(2) make significant progress in, and is committed to the

comprehensive implementation of, economic reform based on market

principles, private ownership, and integration into the world

economy, including implementation of the legal and policy

frameworks necessary for such reform (including protection of

intellectual property and respect for contracts);

(3) respect internationally recognized human rights, including

the rights of minorities and the rights to freedom of religion

and emigration;

(4) respect international law and obligations and adhere to the

Helsinki Final Act of the Conference on Security and Cooperation

in Europe and the Charter of Paris, including the obligations to

refrain from the threat or use of force and to settle disputes

peacefully;

(5) cooperate in seeking peaceful resolution of ethnic and

regional conflicts;

(6) implement responsible security policies, including -

(A) adhering to arms control obligations derived from

agreements signed by the former Soviet Union;

(B) reducing military forces and expenditures to a level

consistent with legitimate defense requirements;

(C) not proliferating nuclear, biological, or chemical

weapons, their delivery systems, or related technologies; and

(D) restraining conventional weapons transfers;

(7) take constructive actions to protect the international

environment, prevent significant transborder pollution, and

promote sustainable use of natural resources;

(8) deny support for acts of international terrorism;

(9) accept responsibility for paying an equitable portion of

the indebtedness to United States firms incurred by the former

Soviet Union;

(10) cooperate with the United States Government in uncovering

all evidence regarding Americans listed as prisoners-of-war, or

otherwise missing during American operations, who were detained

in the former Soviet Union during the Cold War; and

(11) terminate support for the communist regime in Cuba,

including removal of troops, closing military and intelligence

facilities, including the military and intelligence facilities at

Lourdes and Cienfuegos, and ceasing trade subsidies and economic,

nuclear, and other assistance.

(b) Ineligibility for assistance

The President shall not provide assistance under this part -

(1) for the government of any independent state that the

President determines is engaged in a consistent pattern of gross

violations of internationally recognized human rights or of

international law;

(2) for the government of any independent state that the

President determines has failed to take constructive actions to

facilitate the effective implementation of applicable arms

control obligations derived from agreements signed by the former

Soviet Union;

(3) for the government of any independent state that the

President determines has, on or after October 24, 1992, knowingly

transferred to another country -

(A) missiles or missile technology inconsistent with the

guidelines and parameters of the Missile Technology Control

Regime; or

(B) any material, equipment, or technology that would

contribute significantly to the ability of such country to

manufacture any weapon of mass destruction (including nuclear,

chemical, and biological weapons) if the President determines

that the material, equipment, or technology was to be used by

such country in the manufacture of such weapon;

(4) for the government of any independent state that is

prohibited from receiving such assistance by section 2799aa or

2799aa-1 of this title or sections 5604(a)(1) and 5605 of this

title;

(5) for the government of any independent state effective 30

days after the President has determined and certified to the

appropriate congressional committees (and Congress has not

enacted legislation disapproving the determination within that

30-day period) that such government is providing assistance for,

or engaging in nonmarket based trade (as defined in section

2295b(k)(3) of this title) with, the Cuban Government; or

(6) for the Government of Russia if it has failed to make

significant progress on the removal of Russian or Commonwealth of

Independent States troops from Estonia, Latvia, and Lithuania or

if it has failed to undertake good faith efforts, such as

negotiations, to end other military practices that violate the

sovereignty of the Baltics (!1) states.

(c) Exceptions to ineligibility

Assistance prohibited by subsection (b) of this section or any

similar provision of law, other than assistance prohibited by the

provisions referred to in subsection (b)(4) of this section, may be

furnished under any of the following circumstances:

(1) The President determines that furnishing such assistance is

important to the national interest of the United States.

(2) The President determines that furnishing such assistance

will foster respect for internationally recognized human rights

and the rule of law or the development of institutions of

democratic governance.

(3) The assistance is furnished for the alleviation of

suffering resulting from a natural or man-made disaster.

(4) The assistance is provided under the secondary school

exchange program administered by the United States Information

Agency.

The President shall immediately report to the Congress any

determination under paragraph (1) or (2) or any decision to provide

assistance under paragraph (3).

(d) Reduction in assistance for support of intelligence facilities

in Cuba

(1) Reduction in assistance

Notwithstanding any other provision of law, the President shall

withhold from assistance provided, on or after March 12, 1996,

for an independent state of the former Soviet Union under this

chapter an amount equal to the sum of assistance and credits, if

any, provided on or after March 12, 1996, by such state in

support of intelligence facilities in Cuba, including the

intelligence facility at Lourdes, Cuba.

(2) Waiver

(A) The President may waive the requirement of paragraph (1) to

withhold assistance if the President certifies to the appropriate

congressional committees that the provision of such assistance is

important to the national security of the United States, and, in

the case of such a certification made with respect to Russia, if

the President certifies that the Russian Government has assured

the United States Government that the Russian Government is not

sharing intelligence data collected at the Lourdes facility with

officials or agents of the Cuban Government.

(B) At the time of a certification made with respect to Russia

under subparagraph (A), the President shall also submit to the

appropriate congressional committees a report describing the

intelligence activities of Russia in Cuba, including the purposes

for which the Lourdes facility is used by the Russian Government

and the extent to which the Russian Government provides payment

or government credits to the Cuban Government for the continued

use of the Lourdes facility.

(C) The report required by subparagraph (B) may be submitted in

classified form.

(D) For purposes of this paragraph, the term "appropriate

congressional committees" includes the Permanent Select Committee

on Intelligence of the House of Representatives and the Select

Committee on Intelligence of the Senate.

(3) Exceptions to reductions in assistance

The requirement of paragraph (1) to withhold assistance shall

not apply with respect to -

(A) assistance to meet urgent humanitarian needs, including

disaster and refugee relief;

(B) democratic political reform or rule of law activities;

(C) technical assistance for safety upgrades of civilian

nuclear power plants;

(D) the creation of private sector or nongovernmental

organizations that are independent of government control;

(E) the development of a free market economic system;

(F) assistance under the secondary school exchange program

administered by the United States Information Agency; or

(G) assistance for the purposes described in the Cooperative

Threat Reduction Act of 1993 (title XII of Public Law 103-160)

[22 U.S.C. 5951 et seq.].

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 498A, as added Pub. L. 102-511, title

II, Sec. 201, Oct. 24, 1992, 106 Stat. 3326; amended Pub. L.

103-236, title VIII, Sec. 826(c), Apr. 30, 1994, 108 Stat. 519;

Pub. L. 104-114, title I, Sec. 106(b), (c)(1), (3), (d)(2), Mar.

12, 1996, 110 Stat. 795-797.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (d)(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 Cooperative Threat Reduction Act of 1993, referred to in

subsec. (d)(3)(G), is title XII of div. A of Pub. L. 103-160, Nov.

30, 1993, 107 Stat. 1777, which is classified generally to chapter

68A (Sec. 5951 et seq.) of this title. For complete classification

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

5951 of this title and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(11). Pub. L. 104-114, Sec. 106(b), substituted

"military and intelligence facilities, including the military and

intelligence facilities at Lourdes and Cienfuegos" for "of military

facilities".

Subsec. (b)(5), (6). Pub. L. 104-114, Sec. 106(c)(1), added par.

(5) and redesignated former par. (5) as (6).

Subsec. (c)(4). Pub. L. 104-114, Sec. 106(c)(3), added par. (4).

Subsec. (d). Pub. L. 104-114, Sec. 106(d)(2), added subsec. (d).

1994 - Subsec. (b)(4). Pub. L. 103-236 substituted "section

2799aa or 2799aa-1" for "section 2429 or 2429a".

-CHANGE-

CHANGE OF NAME

The Conference on Security and Cooperation in Europe to be called

the Organization for Security and Cooperation in Europe effective

Jan. 1, 1995, pursuant to Ex. Ord. No. 13029, Dec. 3, 1996, 61 F.R.

64591.

-MISC2-

EFFECTIVE DATE OF 1994 AMENDMENT

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

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

Date note under section 6301 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 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.

Functions of President under subsecs. (a) and (c)(2) of this

section delegated to Coordinator by section 2(c), (d) of Ex. Ord.

No. 12884, Dec. 1, 1993, 58 F.R. 64099, set out as a note under

section 5812 of this title.

Functions of President under subsecs. (b)(1)-(3), (5), and (c)(1)

of this section delegated to Secretary of State by section 1(2),

(3) of Ex. Ord. No. 12884.

Functions of President under subsec. (c)(3) of this section and

requirement to make reports under this section regarding

determinations under subsec. (c)(3) delegated to Secretary of State

by section 3(c) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099,

as amended.

-MISC3-

INELIGIBILITY FOR ASSISTANCE OF INSTITUTIONS WITHHOLDING CERTAIN

DOCUMENTS OF UNITED STATES NATIONALS

Section 202 of Pub. L. 102-511 provided that:

"(a) Prohibition. - Except as provided in subsections (b) and

(c), an agency, instrumentality, or other governmental entity of an

independent state of the former Soviet Union shall not be eligible

to receive assistance under chapter 11 of part I of the Foreign

Assistance Act of 1961 [22 U.S.C. 2295 et seq.] if -

"(1) on the date of enactment of this Act [Oct. 24, 1992],

there is outstanding a final judgment by a court of competent

jurisdiction in that independent state that that governmental

entity is withholding unlawfully books or other documents of

religious or historical significance that are the property of

United States persons; and

"(2) within 90 days of a request by such United States persons,

the Secretary of State determines that execution of the court's

judgment is blocked as the result of extrajudicial causes such as

any of the following:

"(A) A declared refusal of the defendant to comply.

"(B) The unwillingness or failure of local authorities to

enforce compliance.

"(C) The issuance of an administrative decree nullifying a

court's judgment or forbidding compliance.

"(D) The passage of legislation, after a court's judgment,

nullifying that judgment or forbidding compliance with that

judgment.

"(b) Exception for Humanitarian Assistance. - The prohibition

contained in subsection (a) shall not apply to the provision of

assistance to alleviate suffering resulting from a natural or

man-made disaster.

"(c) Waiver Authority. - The Secretary of State may waive the

application of subsection (a) whenever the Secretary finds that -

"(1) the court's judgment has been executed; or

"(2) it is important to the national interest of the United

States to do so.

"(d) Report. - Nine months after the date of enactment of this

Act [Oct. 24, 1992], the Secretary of State shall report to the

Speaker of the House of Representatives and the Chairman of the

Committee on Foreign Relations of the Senate on the status of final

judgments described in subsection (a)(1).

"(e) United States Person. - For purposes of this section, the

term 'United States person' means -

"(1) any citizen, national, or permanent resident alien of the

United States; and

"(2) any corporation, partnership, or other juridical entity

which is 50 percent or more beneficially owned by individuals

described in paragraph (1)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2295b, 2297b, 5814 of

this title.

-FOOTNOTE-

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

-End-

-CITE-

22 USC Sec. 2295b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XI - Support for Economic and Democratic Development of the

Independent States of the Former Soviet Union

-HEAD-

Sec. 2295b. Authorities relating to assistance and other provisions

-STATUTE-

(a) Assistance through governments and nongovernmental

organizations

Assistance under this part may be provided to governments or

through nongovernmental organizations.

(b) Technical and managerial assistance

Technical assistance under this part shall, to the maximum extent

feasible, be provided on a long term, on-site basis and shall

emphasize the provision of practical, management and other

problem-solving advice, particularly advice on private enterprise

provided by United States business volunteers.

(c) Enterprise funds

Activities supported pursuant to this part may include the

establishment of and the provision of support for one or more

enterprise funds for the independent states of the former Soviet

Union. If the President determines that an enterprise fund should

be established and supported under this part, the provisions

contained in section 201 of the Support for East European Democracy

(SEED) Act of 1989 [22 U.S.C. 5421] (excluding the authorizations

of appropriations provided in subsection (b) of that section) shall

be deemed to apply with respect to such enterprise fund and to

funds made available to such enterprise fund pursuant to this part.

(d) Cooperative development and research projects

Assistance under this part may include support for cooperative

development projects, including cooperative development research

projects, among the United States, other countries, and independent

states of the former Soviet Union.

(e) Administration of justice programs

In order to strengthen the administration of justice in the

independent states of the former Soviet Union under paragraph

(2)(J) of section 2295 of this title, the President may exercise

the same authorities as are available under section 2346c of this

title, subject to the limitations and requirements of that section,

other than subsection (c) and the last two sentences of subsection

(e).

(f) Use of economic support funds

Any funds that have been allocated under part 4 of subchapter II

of this chapter for assistance for the independent states of the

former Soviet Union may be used in accordance with the provisions

of this part.

(g) Use of SEED agency funds and administrative authorities

The President may authorize any agency of the United States

Government that has authority to conduct activities under the

Support for East European Democracy (SEED) Act of 1989 [22 U.S.C.

5401 et seq.] to use -

(1) any funds that are available to it for activities related

to international affairs outside Eastern Europe, and

(2) any administrative authorities that are available to it for

activities with respect to Eastern Europe,

to conduct activities authorized by section 2295 of this title with

respect to the independent states of the former Soviet Union.

(h) Procurement restrictions

Funds made available for assistance under this part may be used

for procurement -

(1) in the United States, the independent states of the former

Soviet Union, or a developing country; or

(2) in any other country but only if -

(A) 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 paragraph (1); or

(B) the President determines, on a case-by-case basis, that

procurement in such other country is necessary -

(i) to meet unforseen (!1) circumstances, such as emergency

situations, where it is important to permit procurement in a

country not specified in paragraph (1), or

(ii) to promote efficiency in the use of United States

foreign assistance resources, including to avoid impairment

of foreign assistance objectives.

(i) Terms and conditions

Assistance under this part shall be provided on such terms and

conditions as the President may determine, consistent with

applicable provisions of law (except as otherwise provided in

subsection (j) of this section).

(j) Waiver of certain provisions

(1) In general

Funds authorized to be appropriated for fiscal year 1993 by

this part, and any other funds appropriated for fiscal year 1993

that are used under the authority of subsection (f) or (g) of

this section, may be used to provide assistance under this part

notwithstanding any other provision of law, except for -

(A) this part;

(B) section 2394-1 of this title and comparable notification

requirements contained in sections of the annual foreign

operations, export financing, and related programs Act;

(C) sections 2799aa and 2799aa-1 of this title and sections

5604 and 5605 of this title, to the extent that they apply to

assistance to governments; and

(D) section 1341 of title 31 (commonly referred to as the

"Anti-Deficiency Act"), the Congressional Budget and

Impoundment Control Act of 1974, the Balanced Budget and

Emergency Deficit Control Act of 1985, and the Budget

Enforcement Act of 1990.

(2) Nuclear reactor safety and related activities

Any provision that corresponds to section 510 of the Foreign

Operations, Export Financing, and Related Programs Appropriations

Act, 1991 (relating to the prohibition on financing exports of

nuclear equipment, fuel, and technology) shall not apply with

respect to funds used pursuant to this part.

(k) Definitions

(1) Appropriate congressional committees

As used in this part, the term "appropriate congressional

committees" means the Committee on Foreign Affairs and the

Committee on Appropriations of the House of Representatives and

the Committee on Foreign Relations and the Committee on

Appropriations of the Senate.

(2) Independent states of the former Soviet Union

As used in this part, the terms "independent states of the

former Soviet Union" and "independent states" have the meaning

given those terms by section 5801 of this title.

(3) Nonmarket based trade

As used in section 2295a(b)(5) of this title, the term

"nonmarket based trade" includes exports, imports, exchanges, or

other arrangements that are provided for goods and services

(including oil and other petroleum products) on terms more

favorable than those generally available in applicable markets or

for comparable commodities, including -

(A) exports to the Cuban Government on terms that involve a

grant, concessional price, guaranty, insurance, or subsidy;

(B) imports from the Cuban Government at preferential tariff

rates;

(C) exchange arrangements that include advance delivery of

commodities, arrangements in which the Cuban Government is not

held accountable for unfulfilled exchange contracts, and

arrangements under which Cuba does not pay appropriate

transportation, insurance, or finance costs; and

(D) the exchange, reduction, or forgiveness of debt of the

Cuban Government in return for a grant by the Cuban Government

of an equity interest in a property, investment, or operation

of the Cuban Government or of a Cuban national.

(4) Cuban Government

(A) The term "Cuban Government" includes the government of any

political subdivision of Cuba, and any agency or instrumentality

of the Government of Cuba.

(B) For purposes of subparagraph (A), the term "agency or

instrumentality of the Government of Cuba" means an agency or

instrumentality of a foreign state as defined in section 1603(b)

of title 28, with each reference in such section to "a foreign

state" deemed to be a reference to "Cuba".

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 498B, as added Pub. L. 102-511, title

II, Sec. 201, Oct. 24, 1992, 106 Stat. 3328; amended Pub. L.

103-236, title VIII, Sec. 826(c), Apr. 30, 1994, 108 Stat. 519;

Pub. L. 104-114, title I, Sec. 106(c)(2), Mar. 12, 1996, 110 Stat.

796; Pub. L. 107-246, Sec. 4(b), Oct. 23, 2002, 116 Stat. 1515.)

-REFTEXT-

REFERENCES IN TEXT

The Support for East European Democracy (SEED) Act of 1989,

referred to in subsec. (g), is Pub. L. 101-179, Nov. 28, 1989, 103

Stat. 1298, as amended, which is classified principally to chapter

63 (Sec. 5401 et seq.) of this title. For complete classification

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

5401 of this title and Tables.

The Congressional Budget and Impoundment Control Act of 1974,

referred to in subsec. (j)(1)(D), is Pub. L. 93-344, July 12, 1974,

88 Stat. 297, as amended. For complete classification of this Act

to the Code, see Short Title note set out under section 621 of

Title 2, The Congress, and Tables.

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsec. (j)(1)(D), is title II of Pub. L. 99-177,

Dec. 12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20

(Sec. 900 et seq.) and sections 654 to 656 of Title 2, amended

sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections

1104 to 1106 and 1109 of Title 31, Money and Finance, and section

911 of Title 42, The Public Health and Welfare, repealed section

661 of Title 2, enacted provisions set out as notes under section

900 of Title 2 and section 911 of Title 42, and amended provisions

set out as a note under section 621 of Title 2. For complete

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

out under section 900 of Title 2 and Tables.

The Budget Enforcement Act of 1990, referred to in subsec.

(j)(1)(D), is title XIII of Pub. L. 101-508, Nov. 5, 1990, 104

Stat. 1388-573. For complete classification of this Act to the

Code, see Short Title of 1990 Amendment note set out under section

900 of Title 2 and Tables.

Section 510 of the Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 1991, referred to in subsec.

(j)(2), is section 510 of Pub. L. 101-513, title V, Nov. 5, 1990,

104 Stat. 2003, which is not classified to the Code.

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-246 substituted "paragraph

(2)(J)" for "paragraph (2)(G)".

1996 - Subsec. (k)(3), (4). Pub. L. 104-114 added pars. (3) and

(4).

1994 - Subsec. (j)(1)(C). Pub. L. 103-236 substituted "sections

2799aa and 2799aa-1" for "sections 2429 and 2429a".

-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 1994 AMENDMENT

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

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

Date note under section 6301 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

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

out as a note under section 2381 of this title.

Functions of President under subsecs. (c) and (g) of this section

delegated to Coordinator by section 2(c) of Ex. Ord. No. 12884,

Dec. 1, 1993, 58 F.R. 64099, set out as a note under section 5812

of this title.

Functions of President under subsecs. (h) and (i) of this section

delegated by section 5(a) of Ex. Ord. No. 12884 to head of agency

responsible for administering the particular program or activity

with respect to which the authority is to be exercised.

-MISC3-

TRANS-CAUCASUS ENTERPRISE FUND

Pub. L. 104-107, title II, [(t)], Feb. 12, 1996, 110 Stat. 714,

provided that: "The President shall establish a Trans-Caucasus

Enterprise Fund to encourage regional peace through economic

cooperation: Provided, That the President shall seek other

bilateral and multilateral investors in the Fund: Provided further,

That of the funds made available under this heading [Other

Bilateral Economic Assistance, assistance for the new independent

states of the former soviet union, see 110 Stat. 712], not less

than $15,000,000 shall be made available for a United States

investment in the Trans-Caucasus Enterprise Fund."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2295, 2295a, 5814 of this

title.

-FOOTNOTE-

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

-End-

-CITE-

22 USC Sec. 2295c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XI - Support for Economic and Democratic Development of the

Independent States of the Former Soviet Union

-HEAD-

Sec. 2295c. Authorization of appropriations

-STATUTE-

(a) In general

To carry out this part, there are authorized to be appropriated

to the President for fiscal year 1993 $410,000,000, in addition to

amounts otherwise available for assistance for the independent

states of the former Soviet Union. Amounts appropriated pursuant to

this subsection are authorized to remain available until expended.

(b) Operating expenses

(1) Authority to transfer program funds

Subject to paragraph (2), funds made available under subsection

(a) of this section may be transferred to, and merged with, funds

appropriated for "Operating Expenses of the Agency for

International Development". Funds so transferred may be expended

for administrative costs in carrying out this part, including

reimbursement of the Department of State for its incremental

costs associated with assistance provided under this part.

(2) Limitation on amount transferred

Not more than 2 percent of the funds made available for a

fiscal year under subsection (a) of this section may be

transferred pursuant to paragraph (1) unless, at least 15 days

before transferring any additional amount, the President notifies

the appropriate congressional committees in accordance with the

procedures applicable to reprogramming notifications under

section 2394-1 of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 498C, as added Pub. L. 102-511, title

II, Sec. 201, Oct. 24, 1992, 106 Stat. 3330.)

-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.

For delegation of certain functions of President under subsec.

(b)(2), see section 3(b) of Ex. Ord. No. 12884, Dec. 1, 1993, 58

F.R. 64099, as amended, set out as a note under section 5812 of

this title.

-End-

-CITE-

22 USC Part XII - Support for the Economic and Political

Independence of the Countries of

the South Caucasus and Central

Asia 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XII - Support for the Economic and Political Independence of

the Countries of the South Caucasus and Central

Asia

-HEAD-

PART XII - SUPPORT FOR THE ECONOMIC AND POLITICAL INDEPENDENCE OF

THE COUNTRIES OF THE SOUTH CAUCASUS AND CENTRAL ASIA

-MISC1-

PRIOR PROVISIONS

A prior part XII, consisting of section 2296, related to the

Enterprise for the Americas Initiative, prior to repeal by Pub. L.

102-549, title VI, Sec. 602(b), Oct. 28, 1992, 106 Stat. 3669.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5812, 5814 of this title.

-End-

-CITE-

22 USC Sec. 2296 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XII - Support for the Economic and Political Independence of

the Countries of the South Caucasus and Central

Asia

-HEAD-

Sec. 2296. United States assistance to promote reconciliation and

recovery from regional conflicts

-STATUTE-

(a) Purpose of assistance

The purposes of assistance under this section include -

(1) the creation of the basis for reconciliation between

belligerents;

(2) the promotion of economic development in areas of the

countries of the South Caucasus and Central Asia impacted by

civil conflict and war; and

(3) the encouragement of broad regional cooperation among

countries of the South Caucasus and Central Asia that have been

destabilized by internal conflicts.

(b) Authorization for assistance

(1) In general

To carry out the purposes of subsection (a) of this section,

the President is authorized to provide humanitarian assistance

and economic reconstruction assistance for the countries of the

South Caucasus and Central Asia to support the activities

described in subsection (c) of this section.

(2) Definition of humanitarian assistance

In this subsection, the term "humanitarian assistance" means

assistance to meet humanitarian needs, including needs for food,

medicine, medical supplies and equipment, education, and

clothing.

(c) Activities supported

Activities that may be supported by assistance under subsection

(b) of this section include -

(1) providing for the humanitarian needs of victims of the

conflicts;

(2) facilitating the return of refugees and internally

displaced persons to their homes; and

(3) assisting in the reconstruction of residential and economic

infrastructure destroyed by war.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 499, as added Pub. L. 106-113, div. B,

Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.

1535, 1501A-123.)

-MISC1-

PRIOR PROVISIONS

A prior section 2296, Pub. L. 87-195, pt. I, Sec. 499, as added

Pub. L. 102-391, title V, Sec. 594(a), Oct. 6, 1992, 106 Stat.

1692, authorized reduction of certain debts owed to the United

States, prior to repeal by Pub. L. 102-549, title VI, Sec. 602(b),

Oct. 28, 1992, 106 Stat. 3669.

-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. 2296a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XII - Support for the Economic and Political Independence of

the Countries of the South Caucasus and Central

Asia

-HEAD-

Sec. 2296a. Economic assistance

-STATUTE-

(a) Purpose of assistance

The purpose of assistance under this section is to foster

economic growth and development, including the conditions necessary

for regional economic cooperation, in the South Caucasus and

Central Asia.

(b) Authorization for assistance

To carry out the purpose of subsection (a) of this section, the

President is authorized to provide assistance for the countries of

the South Caucasus and Central Asia to support the activities

described in subsection (c) of this section.

(c) Activities supported

In addition to the activities described in section 2295 of this

title, activities supported by assistance under subsection (b) of

this section should support the development of the structures and

means necessary for the growth of private sector economies based

upon market principles.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 499A, as added Pub. L. 106-113, div.

B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.

1535, 1501A-124.)

-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. 2296b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XII - Support for the Economic and Political Independence of

the Countries of the South Caucasus and Central

Asia

-HEAD-

Sec. 2296b. Development of infrastructure

-STATUTE-

(a) Purpose of programs

The purposes of programs under this section include -

(1) to develop the physical infrastructure necessary for

regional cooperation among the countries of the South Caucasus

and Central Asia; and

(2) to encourage closer economic relations and to facilitate

the removal of impediments to cross-border commerce among those

countries and the United States and other developed nations.

(b) Authorization for programs

To carry out the purposes of subsection (a) of this section, the

following types of programs for the countries of the South Caucasus

and Central Asia may be used to support the activities described in

subsection (c) of this section:

(1) Activities by the Export-Import Bank to complete the review

process for eligibility for financing under the Export-Import

Bank Act of 1945 [12 U.S.C. 635 et seq.].

(2) The provision of insurance, reinsurance, financing, or

other assistance by the Overseas Private Investment Corporation.

(3) Assistance under section 2421 of this title (relating to

the Trade and Development Agency).

(c) Activities supported

Activities that may be supported by programs under subsection (b)

of this section include promoting actively the participation of

United States companies and investors in the planning, financing,

and construction of infrastructure for communications,

transportation, including air transportation, and energy and trade

including highways, railroads, port facilities, shipping, banking,

insurance, telecommunications networks, and gas and oil pipelines.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 499B, as added Pub. L. 106-113, div.

B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.

1535, 1501A-124.)

-REFTEXT-

REFERENCES IN TEXT

The Export-Import Bank Act of 1945, referred to in subsec.

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

which is classified generally to subchapter I (Sec. 635 et seq.) of

chapter 6A of Title 12, Banks and Banking. For complete

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

out under section 635 of Title 12 and Tables.

-End-

-CITE-

22 USC Sec. 2296c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XII - Support for the Economic and Political Independence of

the Countries of the South Caucasus and Central

Asia

-HEAD-

Sec. 2296c. Border control assistance

-STATUTE-

(a) Purpose of assistance

The purpose of assistance under this section includes the

assistance of the countries of the South Caucasus and Central Asia

to secure their borders and implement effective controls necessary

to prevent the trafficking of illegal narcotics and the

proliferation of technology and materials related to weapons of

mass destruction (as defined in section 2332a(c)(2) of title 18),

and to contain and inhibit transnational organized criminal

activities.

(b) Authorization for assistance

To carry out the purpose of subsection (a) of this section, the

President is authorized to provide assistance to the countries of

the South Caucasus and Central Asia to support the activities

described in subsection (c) of this section.

(c) Activities supported

Activities that may be supported by assistance under subsection

(b) of this section include assisting those countries of the South

Caucasus and Central Asia in developing capabilities to maintain

national border guards, coast guard, and customs controls.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 499C, as added Pub. L. 106-113, div.

B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.

1535, 1501A-124.)

-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. 2296d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XII - Support for the Economic and Political Independence of

the Countries of the South Caucasus and Central

Asia

-HEAD-

Sec. 2296d. Strengthening democracy, tolerance, and the development

of civil society

-STATUTE-

(a) Purpose of assistance

The purpose of assistance under this section is to promote

institutions of democratic government and to create the conditions

for the growth of pluralistic societies, including religious

tolerance and respect for internationally recognized human rights.

(b) Authorization for assistance

To carry out the purpose of subsection (a) of this section, the

President is authorized to provide the following types of

assistance to the countries of the South Caucasus and Central Asia:

(1) Assistance for democracy building, including programs to

strengthen parliamentary institutions and practices.

(2) Assistance for the development of nongovernmental

organizations.

(3) Assistance for development of independent media.

(4) Assistance for the development of the rule of law, a strong

independent judiciary, and transparency in political practice and

commercial transactions.

(5) International exchanges and advanced professional training

programs in skill areas central to the development of civil

society.

(6) Assistance to promote increased adherence to civil and

political rights under section 2151n(e) of this title.

(c) Activities supported

Activities that may be supported by assistance under subsection

(b) of this section include activities that are designed to advance

progress toward the development of democracy.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 499D, as added Pub. L. 106-113, div.

B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.

1535, 1501A-125.)

-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. 2296e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XII - Support for the Economic and Political Independence of

the Countries of the South Caucasus and Central

Asia

-HEAD-

Sec. 2296e. Administrative authorities

-STATUTE-

(a) Assistance through governments and nongovernmental

organizations

Assistance under this part may be provided to governments or

through nongovernmental organizations.

(b) Use of economic support funds

Except as otherwise provided, any funds that have been allocated

under part IV of subchapter II of this chapter for assistance for

the independent states of the former Soviet Union may be used in

accordance with the provisions of this part.

(c) Terms and conditions

Assistance under this part shall be provided on such terms and

conditions as the President may determine.

(d) Available authorities

The authority in this part to provide assistance for the

countries of the South Caucasus and Central Asia is in addition to

the authority to provide such assistance under the FREEDOM Support

Act (22 U.S.C. 5801 et seq.) or any other Act, and the authorities

applicable to the provision of assistance under part XI of this

subchapter may be used to provide assistance under this part.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 499E, as added Pub. L. 106-113, div.

B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.

1535, 1501A-125.)

-REFTEXT-

REFERENCES IN TEXT

The FREEDOM Support Act, referred to in subsec. (d), 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.

-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. 2296f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part XII - Support for the Economic and Political Independence of

the Countries of the South Caucasus and Central

Asia

-HEAD-

Sec. 2296f. Definitions

-STATUTE-

In this part:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means the

Committee on Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives.

(2) Countries of the South Caucasus and Central Asia

The term "countries of the South Caucasus and Central Asia"

means Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgyzstan,

Tajikistan, Turkmenistan, and Uzbekistan.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 499F, as added Pub. L. 106-113, div.

B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.

1535, 1501A-126.)

-End-

-CITE-

22 USC SUBCHAPTER II - MILITARY ASSISTANCE AND SALES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

-HEAD-

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2223, 2301, 2318,

2321d, 2344, 2346, 2348c, 2349aa-5, 2352, 2371, 2383, 2385, 2392,

2393, 2395, 2396, of this title; title 10 section 2562; title 50

section 415.

-End-

-CITE-

22 USC Part I - Declaration of Policy 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part I - Declaration of Policy

-HEAD-

PART I - DECLARATION OF POLICY

-End-

-CITE-

22 USC Sec. 2301 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part I - Declaration of Policy

-HEAD-

Sec. 2301. Congressional statement of policy

-STATUTE-

The Congress of the United States reaffirms the policy of the

United States to achieve international peace and security through

the United Nations so that armed force shall not be used except for

individual or collective self-defense. The Congress finds that the

efforts of the United States and other friendly countries to

promote peace and security continue to require measures of support

based upon the principle of effective self-help and mutual aid. It

is the purpose of subchapter II of this chapter to authorize

measures in the common defense against internal and external

aggression, including the furnishing of military assistance, upon

request, to friendly countries and international organizations. In

furnishing such military assistance, it remains the policy of the

United States to continue to exert maximum efforts to achieve

universal control of weapons of mass destruction and universal

regulation and reduction of armaments, including armed forces,

under adequate safeguards to protect complying countries against

violation and evasion.

The Congress recognizes that the peace of the world and the

security of the United States are endangered so long as hostile

countries continue by threat of military action, by the use of

economic pressure, and by internal subversion, or other means to

attempt to bring under their domination peoples now free and

independent and continue to deny the rights of freedom and

self-government to peoples and countries once free but now subject

to such domination.

It is the sense of the Congress that an important contribution

toward peace would be made by the establishment under the

Organization of American States of an international military force.

In enacting this legislation, it is therefore the intention of

the Congress to promote the peace of the world and the foreign

policy, security, and general welfare of the United States by

fostering an improved climate of political independence and

individual liberty, improving the ability of friendly countries and

international organizations to deter or, if necessary, defeat

aggression, facilitating arrangements for individual and collective

security, assisting friendly countries to maintain internal

security, and creating an environment of security and stability in

the developing friendly countries essential to their more rapid

social, economic, and political progress. The Congress urges that

all other countries able to contribute join in a common undertaking

to meet the goals stated in subchapter II of this chapter.

It is the sense of the Congress that in the administration of

subchapter II of this chapter priority shall be given to the needs

of those countries in danger of becoming victims of aggression or

in which the internal security is threatened by internal subversion

inspired or supported by hostile countries.

Finally, the Congress reaffirms its full support of the progress

of the members of the North Atlantic Treaty Organization toward

increased cooperation in political, military, and economic affairs.

In particular, the Congress welcomes the steps which have been

taken to promote multilateral programs of coordinated procurement,

research, development, and production of defense articles and urges

that such programs be expanded to the fullest extent possible to

further the defense of the North Atlantic Area.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 501, formerly Sec. 502, Sept. 4,

1961, 75 Stat. 434, renumbered Sec. 501 and amended Pub. L. 90-137,

pt. II, Sec. 201(a), Nov. 14, 1967, 81 Stat. 455; Pub. L. 103-199,

title VII, Sec. 705(1), Dec. 17, 1993, 107 Stat. 2328.)

-REFTEXT-

REFERENCES IN TEXT

This legislation, referred to in fourth paragraph, means 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.

PRIOR PROVISIONS

A prior section 501 of Pub. L. 87-195, provided that part II of

Pub. L. 87-195 [subchapter II of this chapter] should be cited as

the "International Peace and Security Act of 1961", prior to repeal

by Pub. L. 88-205, pt. II, Sec. 201(b), Dec. 16, 1963, 77 Stat.

384.

AMENDMENTS

1993 - Pub. L. 103-199, Sec. 705(1)(A), in second par.,

substituted "hostile countries" for "international communism and

the countries it controls".

Pub. L. 103-199, Sec. 705(1)(B), in fourth par., struck out

"Communist or Communist-supported" after "if necessary, defeat".

Pub. L. 103-199, Sec. 705(1)(C), in fifth par., substituted

"aggression or in which the internal security is threatened by

internal subversion inspired or supported by hostile countries."

for "active Communist or Communist-supported aggression or those

countries in which the internal security is threatened by

Communist-inspired or Communist-supported internal subversion."

1967 - Pub. L. 90-137 inserted par. to indicate that priority

shall be given in the use of the funds available to defend against

Communist aggression or Communist-inspired internal subversion.

TRANSFER OF PROSCRIBED WEAPONS TO PERSONS OR ENTITIES IN THE WEST

BANK AND GAZA

Pub. L. 107-228, div. A, title VI, Sec. 699, Sept. 30, 2002, 116

Stat. 1418, provided that:

"(a) Determination Regarding Transfers. - If the President

determines, based on a preponderance of the evidence, that a

foreign person or entity has knowingly transferred proscribed

weapons to Palestinian entities in the West Bank or Gaza, then, for

the period specified in subsection (b), no assistance may be

provided to the person or entity under part II of the Foreign

Assistance Act of 1961 [22 U.S.C. 2301 et seq.] and no sales of

defense articles or defense services may be made to the person or

entity under section 23 of the Arms Export Control Act [22 U.S.C.

2763].

"(b) Duration of Prohibition. - The period referred to in

subsection (a) is the period commencing on the date on which a

notification of a determination under subsection (a) is submitted

to the appropriate congressional committees and ending on the date

that is two years after such date.

"(c) Report. - In conjunction with the report required under

title VIII of the P.L.O. Commitments Compliance Act of 1989 (Public

Law 101-246) [104 Stat. 76], the President shall submit a report to

the appropriate congressional committees on transfers reviewed

pursuant to subsection (a).

"(d) Definition. - In this section, the term 'proscribed weapons'

means arms, ammunition, and equipment the transfer of which is not

in compliance with the Agreement on the Gaza Strip and the Jericho

Area of May 4, 1994, its annexes, or subsequent agreements between

Israel and the PLO, or Palestinian Authority, as appropriate."

[For definition of "appropriate congressional committees" as used

in section 699 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. 2302 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part I - Declaration of Policy

-HEAD-

Sec. 2302. Utilization of defense articles and defense services

-STATUTE-

Defense articles and defense services to any country shall be

furnished solely for internal security (including for antiterrorism

and nonproliferation purposes), for legitimate self-defense, to

permit the recipient country to participate in regional or

collective arrangements or measures consistent with the Charter of

the United Nations, or otherwise to permit the recipient country to

participate in collective measures requested by the United Nations

for the purpose of maintaining or restoring international peace and

security, or for the purpose of assisting foreign military forces

in less developed friendly countries (or the voluntary efforts of

personnel of the Armed Forces of the United States in such

countries) to construct public works and to engage in other

activities helpful to the economic and social development of such

friendly countries. It is the sense of the Congress that such

foreign military forces should not be maintained or established

solely for civic action activities and that such civic action

activities not significantly detract from the capability of the

military forces to perform their military missions and be

coordinated with and form part of the total economic and social

development effort.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 502, formerly Sec. 505(a), Sept. 4,

1961, 75 Stat. 436; Pub. L. 88-205, pt. II, Sec. 202(b), Dec. 16,

1963, 77 Stat. 384; Pub. L. 89-171, pt. II, Sec. 201(c), Sept. 6,

1965, 79 Stat. 656; renumbered and amended Pub. L. 90-137, pt. II,

Sec. 201(d), Nov. 14, 1967, 81 Stat. 456; Pub. L. 106-280, title

VII, Sec. 701, Oct. 6, 2000, 114 Stat. 861.)

-COD-

CODIFICATION

Section was formerly classified to section 2313 of this title.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-280 inserted "(including for antiterrorism and

nonproliferation purposes)" after "internal security" in first

sentence.

1967 - Pub. L. 90-137 substituted "Defense articles and defense

services" for "Military assistance".

1965 - Pub. L. 89-171 authorized military assistance to any

country for the purpose of assisting foreign military forces in

less developed friendly countries (or the voluntary efforts of

personnel of the Armed Forces of the United States in such

countries) to construct public works and to engage in other

activities helpful to the economic and social development of such

friendly countries, expressed the sense of Congress that such

foreign military forces should not be maintained or established

solely for civic action activities, and that such civic action

activities should not significantly detract from the capability of

the military forces to perform their military missions, and should

be coordinated with and from part of the total economic and social

development effort, and struck out prohibition against further

assistance to Latin American countries, now incorporated in section

2319(c) of this title.

1963 - Pub. L. 88-205 inserted proviso stopping further military

assistance under this chapter to Latin American countries except to

the extent necessary to fulfill prior commitments or to safeguard

the security of the United States or of a country associated with

the United States in the Alliance for Progress against the

overthrow of a duly constituted government, now incorporated in

section 2319(c) of this title.

TRANSFER TO REPUBLIC OF KOREA OF DEFENSE ARTICLES; REIMBURSEMENT

FOR TRANSFER

Pub. L. 91-652, Sec. 3, Jan. 5, 1971, 84 Stat. 1942, authorized

the President until June 30, 1972, to transfer to the Republic of

Korea such Armed Forces defense articles located in Korea on July

1, 1970 as he determined appropriate and provided that no funds

appropriated under Pub. L. 91-652 or this chapter were to be

available for reimbursement to any Government agency for any such

transfers of defense articles.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2314 of this title.

-End-

-CITE-

22 USC Sec. 2303 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part I - Declaration of Policy

-HEAD-

Sec. 2303. Repealed. Pub. L. 104-164, title I, Sec. 104(b)(2)(A),

July 21, 1996, 110 Stat. 1426

-MISC1-

Section, Pub. L. 87-195, pt. II, Sec. 502A, as added Pub. L.

93-189, Sec. 12(a), Dec. 17, 1973, 87 Stat. 720, directed that

excess defense articles be provided whenever possible rather than

new items.

-End-

-CITE-

22 USC Sec. 2304 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part I - Declaration of Policy

-HEAD-

Sec. 2304. Human rights and security assistance

-STATUTE-

(a) Observance of human rights as principal goal of foreign policy;

implementation requirements

(1) The United States shall, in accordance with its international

obligations as set forth in the Charter of the United Nations and

in keeping with the constitutional heritage and traditions of the

United States, promote and encourage increased respect for human

rights and fundamental freedoms throughout the world without

distinction as to race, sex, language, or religion. Accordingly, a

principal goal of the foreign policy of the United States shall be

to promote the increased observance of internationally recognized

human rights by all countries.

(2) Except under circumstances specified in this section, no

security assistance may be provided to any country the government

of which engages in a consistent pattern of gross violations of

internationally recognized human rights. Security assistance may

not be provided to the police, domestic intelligence, or similar

law enforcement forces of a country, and licenses may not be issued

under the Export Administration Act of 1979 [50 App. U.S.C. 2401 et

seq.] for the export of crime control and detection instruments and

equipment to a country, the government of which engages in a

consistent pattern of gross violations of internationally

recognized human rights unless the President certifies in writing

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

the Committee on Foreign Relations of the Senate and the chairman

of the Committee on Banking, Housing, and Urban Affairs of the

Senate (when licenses are to be issued pursuant to the Export

Administration Act of 1979).(!1) that extraordinary circumstances

exist warranting provision of such assistance and issuance of such

licenses. Assistance may not be provided under part V of this

subchapter to a country the government of which engages in a

consistent pattern of gross violations of internationally

recognized human rights unless the President certifies in writing

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

the Committee on Foreign Relations of the Senate that extraordinary

circumstances exist warranting provision of such assistance.

(3) In furtherance of paragraphs (1) and (2), the President is

directed to formulate and conduct international security assistance

programs of the United States in a manner which will promote and

advance human rights and avoid identification of the United States,

through such programs, with governments which deny to their people

internationally recognized human rights and fundamental freedoms,

in violation of international law or in contravention of the policy

of the United States as expressed in this section or otherwise.

(4) In determining whether the government of a country engages in

a consistent pattern of gross violations of internationally

recognized human rights, the President shall give particular

consideration to whether the government -

(A) has engaged in or tolerated particularly severe violations

of religious freedom, as defined in section 6402 of this title;

or

(B) has failed to undertake serious and sustained efforts to

combat particularly severe violations of religious freedom when

such efforts could have been reasonably undertaken.

(b) Report by Secretary of State on practices of proposed recipient

countries; considerations

The Secretary of State shall transmit to the Congress, as part of

the presentation materials for security assistance programs

proposed for each fiscal year, a full and complete report, prepared

with the assistance of the Assistant Secretary of State for

Democracy, Human Rights, and Labor and with the assistance of the

Ambassador at Large for International Religious Freedom, with

respect to practices regarding the observance of and respect for

internationally recognized human rights in each country proposed as

a recipient of security assistance. Wherever applicable, such

report shall include consolidated information regarding the

commission of war crimes, crimes against humanity, and evidence of

acts that may constitute genocide (as defined in article 2 of the

Convention on the Prevention and Punishment of the Crime of

Genocide and modified by the United States instrument of

ratification to that convention and section 2(a) of the Genocide

Convention Implementation Act of 1987). Wherever applicable, such

report shall include information on practices regarding coercion in

population control, including coerced abortion and involuntary

sterilization. Such report shall also include, wherever applicable,

information on violations of religious freedom, including

particularly severe violations of religious freedom (as defined in

section 6402 of this title). Such report shall also include, for

each country with respect to which the report indicates that

extrajudicial killings, torture, or other serious violations of

human rights have occurred in the country, the extent to which the

United States has taken or will take action to encourage an end to

such practices in the country. Each report under this section shall

list the votes of each member of the United Nations Commission on

Human Rights on all country-specific and thematic resolutions voted

on at the Commission's annual session during the period covered

during the preceding year. Each report under this section shall

also include (i) wherever applicable, a description of the nature

and extent of the compulsory recruitment and conscription of

individuals under the age of 18 by armed forces of the government

of the country, government-supported paramilitaries, or other armed

groups, the participation of such individuals in such groups, and

the nature and extent that such individuals take a direct part in

hostilities, (ii) what steps, if any, taken by the government of

the country to eliminate such practices, and (iii) such other

information related to the use by such government of individuals

under the age of 18 as soldiers, as determined to be appropriate by

the Secretary of State. Each report under this section shall

describe the extent to which each country has extended protection

to refugees, including the provision of first asylum and

resettlement. In determining whether a government falls within the

provisions of subsection (a)(3) of this section and in the

preparation of any report or statement required under this section,

consideration shall be given to -

(1) the relevant findings of appropriate international

organizations, including nongovernmental organizations, such as

the International Committee of the Red Cross; and

(2) the extent of cooperation by such government in permitting

an unimpeded investigation by any such organization of alleged

violations of internationally recognized human rights.

(c) Congressional request for information; information required;

30-day period; failure to supply information; termination or

restriction of assistance

(1) Upon the request of the Senate or the House of

Representatives by resolution of either such House, or upon the

request of the Committee on Foreign Relations of the Senate or the

Committee on Foreign Affairs of the House of Representatives, the

Secretary of State shall, within thirty days after receipt of such

request, transmit to both such committees a statement, prepared

with the assistance of the Assistant Secretary of State for

Democracy, Human Rights, and Labor, with respect to the country

designated in such request, setting forth -

(A) all the available information about observance of and

respect for human rights and fundamental freedom in that country,

and a detailed description of practices by the recipient

government with respect thereto;

(B) the steps the United States has taken to -

(i) promote respect for and observance of human rights in

that country and discourage any practices which are inimical to

internationally recognized human rights, and

(ii) publicly or privately call attention to, and

disassociate the United States and any security assistance

provided for such country from, such practices;

(C) whether, in the opinion of the Secretary of State,

notwithstanding any such practices -

(i) extraordinary circumstances exist which necessitate a

continuation of security assistance for such country, and, if

so, a description of such circumstances and the extent to which

such assistance should be continued (subject to such conditions

as Congress may impose under this section), and

(ii) on all the facts it is in the national interest of the

United States to provide such assistance; and

(D) such other information as such committee or such House may

request.

(2)(A) A resolution of request under paragraph (1) of this

subsection shall be considered in the Senate in accordance with the

provisions of section 601(b) of the International Security

Assistance and Arms Export Control Act of 1976.

(B) The term "certification", as used in section 601 of such Act,

means, for the purposes of this subsection, a resolution of request

of the Senate under paragraph (1) of this subsection.

(3) In the event a statement with respect to a country is

requested pursuant to paragraph (1) of this subsection but is not

transmitted in accordance therewith within thirty days after

receipt of such request, no security assistance shall be delivered

to such country except as may thereafter be specifically authorized

by law from such country unless and until such statement is

transmitted.

(4)(A) In the event a statement with respect to a country is

transmitted under paragraph (1) of this subsection, the Congress

may at any time thereafter adopt a joint resolution terminating,

restricting, or continuing security assistance for such country. In

the event such a joint resolution is adopted, such assistance shall

be so terminated, so restricted, or so continued, as the case may

be.

(B) Any such resolution shall be considered in the Senate in

accordance with the provisions of section 601(b) of the

International Security Assistance and Arms Export Control Act of

1976.

(C) The term "certification", as used in section 601 of such Act,

means, for the purposes of this paragraph, a statement transmitted

under paragraph (1) of this subsection.

(d) Definitions

For the purposes of this section -

(1) the term "gross violations of internationally recognized

human rights" includes torture or cruel, inhuman, or degrading

treatment or punishment, prolonged detention without charges and

trial, causing the disappearance of persons by the abduction and

clandestine detention of those persons, and other flagrant denial

of the right to life, liberty, or the security of person; and

(2) the term "security assistance" means -

(A) assistance under part II (military assistance) or part IV

(economic support fund) or part V (military education and

training) or part VI (peacekeeping operations) or part VIII

(antiterrorism assistance) of this subchapter.

(B) sales of defense articles or services, extensions of

credits (including participations in credits, and guaranties of

loans under the Arms Export Control Act [22 U.S.C. 2751 et

seq.]); or

(C) any license in effect with respect to the export of

defense articles or defense services to or for the armed

forces, police, intelligence, or other internal security forces

of a foreign country under section 38 of the Arms Export

Control Act [22 U.S.C. 2778].

(e) Removal of prohibition on assistance

Notwithstanding any other provision of law, funds authorized to

be appropriated under subchapter I of this chapter may be made

available for the furnishing of assistance to any country with

respect to which the President finds that such a significant

improvement in its human rights record has occurred as to warrant

lifting the prohibition on furnishing such assistance in the

national interest of the United States.

(f) Allocations concerned with performance record of recipient

countries without contravention of other provisions

In allocating the funds authorized to be appropriated by this

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

the President shall take into account significant improvements in

the human rights records of recipient countries, except that such

allocations may not contravene any other provision of law.

(g) Report to Congress on use of certain authorities relating to

human rights conditions

Whenever the provisions of subsection (e) or (f) of this section

are applied, the President shall report to the Congress before

making any funds available pursuant to those subsections. The

report shall specify the country involved, the amount and kinds of

assistance to be provided, and the justification for providing the

assistance, including a description of the significant improvements

which have occurred in the country's human rights record.

(h) Report on practices of recipient countries relating to

trafficking in persons

(1) The report required by subsection (b) of this section shall

include the following:

(A) A description of the nature and extent of severe forms of

trafficking in persons, as defined in section 7102 of this title,

in each foreign country.

(B) With respect to each country that is a country of origin,

transit, or destination for victims of severe forms of

trafficking in persons, an assessment of the efforts by the

government of that country to combat such trafficking. The

assessment shall address the following:

(i) Whether government authorities in that country

participate in, facilitate, or condone such trafficking.

(ii) Which government authorities in that country are

involved in activities to combat such trafficking.

(iii) What steps the government of that country has taken to

prohibit government officials from participating in,

facilitating, or condoning such trafficking, including the

investigation, prosecution, and conviction of such officials.

(iv) What steps the government of that country has taken to

prohibit other individuals from participating in such

trafficking, including the investigation, prosecution, and

conviction of individuals involved in severe forms of

trafficking in persons, the criminal and civil penalties for

such trafficking, and the efficacy of those penalties in

eliminating or reducing such trafficking.

(v) What steps the government of that country has taken to

assist victims of such trafficking, including efforts to

prevent victims from being further victimized by traffickers,

government officials, or others, grants of relief from

deportation, and provision of humanitarian relief, including

provision of mental and physical health care and shelter.

(vi) Whether the government of that country is cooperating

with governments of other countries to extradite traffickers

when requested, or, to the extent that such cooperation would

be inconsistent with the laws of such country or with

extradition treaties to which such country is a party, whether

the government of that country is taking all appropriate

measures to modify or replace such laws and treaties so as to

permit such cooperation.

(vii) Whether the government of that country is assisting in

international investigations of transnational trafficking

networks and in other cooperative efforts to combat severe

forms of trafficking in persons.

(viii) Whether the government of that country refrains from

prosecuting victims of severe forms of trafficking in persons

due to such victims having been trafficked, and refrains from

other discriminatory treatment of such victims.

(ix) Whether the government of that country recognizes the

rights of victims of severe forms of trafficking in persons and

ensures their access to justice.

(C) Such other information relating to trafficking in persons

as the Secretary of State considers appropriate.

(2) In compiling data and making assessments for the purposes of

paragraph (1), United States diplomatic mission personnel shall

consult with human rights organizations and other appropriate

nongovernmental organizations.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 502B, as added Pub. L. 93-559, Sec.

46, Dec. 30, 1974, 88 Stat. 1815; amended Pub. L. 94-329, title

III, Sec. 301(a), June 30, 1976, 90 Stat. 748; Pub. L. 95-105,

title I, Sec. 109(a)(3), Aug. 17, 1977, 91 Stat. 846; Pub. L.

95-384, Secs. 6(a)-(d)(1), (e), 10(b)(1), 12(b), Sept. 26, 1978, 92

Stat. 731, 732, 735, 737; Pub. L. 96-53, title V, Sec. 511, Aug.

14, 1979, 93 Stat. 380; Pub. L. 96-92, Sec. 4, Oct. 29, 1979, 93

Stat. 702; Pub. L. 96-533, title VII, Secs. 701(b), 704, Dec. 16,

1980, 94 Stat. 3156, 3157; Pub. L. 98-151, Sec. 101(b)(2), Nov. 14,

1983, 97 Stat. 972; Pub. L. 99-64, title I, Sec. 124, July 12,

1985, 99 Stat. 156; Pub. L. 99-83, title XII, Sec. 1201, Aug. 8,

1985, 99 Stat. 276; Pub. L. 100-204, title I, Sec. 127(2), Dec. 22,

1987, 101 Stat. 1343; Pub. L. 103-236, title I, Sec. 162(e)(2),

Apr. 30, 1994, 108 Stat. 405; Pub. L. 103-437, Sec. 9(a)(6), Nov.

2, 1994, 108 Stat. 4588; Pub. L. 104-319, title II, Sec. 201(b),

Oct. 19, 1996, 110 Stat. 3866; Pub. L. 105-292, title I, Sec.

102(d)(2), title IV, Sec. 421(b), Oct. 27, 1998, 112 Stat. 2795,

2810; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II,

Sec. 252, title VIII, Sec. 806(b)], Nov. 29, 1999, 113 Stat. 1536,

1501A-432, 1501A-471; Pub. L. 106-386, div. A, Sec. 104(b), Oct.

28, 2000, 114 Stat. 1472; Pub. L. 107-228, div. A, title VI, Secs.

665(b), 683(b), Sept. 30, 2002, 116 Stat. 1407, 1411.)

-REFTEXT-

REFERENCES IN TEXT

The Export Administration Act of 1979, referred to in subsec.

(a)(2), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,

which is classified principally to section 2401 et seq. of Title

50, Appendix, War and National Defense. For complete classification

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

2401 of Title 50, Appendix, and Tables.

Section 2(a) of the Genocide Convention Implementation Act of

1987, referred to in subsec. (b), probably means section 2(a) of

the Genocide Convention Implementation Act of 1987 (the Proxmire

Act), Pub. L. 100-606, Nov. 4, 1988, 102 Stat. 3045, which enacted

chapter 50A (Sec. 1091 et seq.) of Title 18, Crimes and Criminal

Procedure.

Section 601 of the International Security Assistance and Arms

Export Control Act of 1976, referred to in subsec. (c)(2)(A),

(4)(B), is section 601 of Pub. L. 94-329, which was not classified

to the Code.

The Arms Export Control Act, referred to in subsecs. (d)(2)(B)

and (f), 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.

This chapter, referred to in subsec. (f), 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.

-COD-

CODIFICATION

The 1983 amendment by Pub. L. 98-151 is based on section 202(a)

of H.R. 2992, Ninety-eighth Congress, 1st Session, as reported May

17, 1983, which was enacted into permanent law by Pub. L. 98-151.

-MISC2-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-228, Sec. 683(b), in introductory

provisions, inserted after sixth sentence "Each report under this

section shall also include (i) wherever applicable, a description

of the nature and extent of the compulsory recruitment and

conscription of individuals under the age of 18 by armed forces of

the government of the country, government-supported paramilitaries,

or other armed groups, the participation of such individuals in

such groups, and the nature and extent that such individuals take a

direct part in hostilities, (ii) what steps, if any, taken by the

government of the country to eliminate such practices, and (iii)

such other information related to the use by such government of

individuals under the age of 18 as soldiers, as determined to be

appropriate by the Secretary of State."

Pub. L. 107-228, Sec. 665(b), in introductory provisions,

inserted after fourth sentence "Such report shall also include, for

each country with respect to which the report indicates that

extrajudicial killings, torture, or other serious violations of

human rights have occurred in the country, the extent to which the

United States has taken or will take action to encourage an end to

such practices in the country."

2000 - Subsec. (h). Pub. L. 106-386 added subsec. (h).

1999 - Subsec. (b). Pub. L. 106-113, in introductory provisions,

inserted after first sentence "Wherever applicable, such report

shall include consolidated information regarding the commission of

war crimes, crimes against humanity, and evidence of acts that may

constitute genocide (as defined in article 2 of the Convention on

the Prevention and Punishment of the Crime of Genocide and modified

by the United States instrument of ratification to that convention

and section 2(a) of the Genocide Convention Implementation Act of

1987)." and inserted after fourth sentence "Each report under this

section shall describe the extent to which each country has

extended protection to refugees, including the provision of first

asylum and resettlement."

1998 - Subsec. (a)(4). Pub. L. 105-292, Sec. 421(b), added par.

(4).

Subsec. (b). Pub. L. 105-292, Sec. 102(d)(2), in introductory

provisions, inserted "and with the assistance of the Ambassador at

Large for International Religious Freedom" after "Labor" and "Such

report shall also include, wherever applicable, information on

violations of religious freedom, including particularly severe

violations of religious freedom (as defined in section 6402 of this

title)." after "sterilization."

1996 - Subsec. (b). Pub. L. 104-319 inserted "Each report under

this section shall list the votes of each member of the United

Nations Commission on Human Rights on all country-specific and

thematic resolutions voted on at the Commission's annual session

during the period covered during the preceding year." after second

sentence.

1994 - Subsec. (b). Pub. L. 103-236 substituted "Democracy, Human

Rights, and Labor" for "Human Rights and Humanitarian Affairs" in

introductory provisions.

Subsec. (c)(1). Pub. L. 103-437 substituted "Foreign Affairs" for

"International Relations" in introductory provisions.

Pub. L. 103-236 substituted "Democracy, Human Rights, and Labor"

for "Human Rights and Humanitarian Affairs" in introductory

provisions.

1987 - Subsec. (b). Pub. L. 100-204 inserted after first sentence

"Wherever applicable, such report shall include information on

practices regarding coercion in population control, including

coerced abortion and involuntary sterilization."

1985 - Subsec. (a)(2). Pub. L. 99-64 inserted "and the chairman

of the Committee on Banking, Housing, and Urban Affairs of the

Senate (when licenses are to be issued pursuant to the Export

Administration Act of 1979)."

Subsec. (g). Pub. L. 99-83 added subsec. (g).

1983 - Subsec. (d)(2)(A). Pub. L. 98-151 inserted "or part VIII

(antiterrorism assistance)".

1980 - Subsec. (a)(2). Pub. L. 96-533, Sec. 704, substituted

"Export Administration Act of 1979" for "Export Administration Act

of 1969".

Subsec. (d)(1). Pub. L. 96-533, Sec. 701(b), defined "gross

violations of internationally recognized human rights" to include

causing the disappearance of persons by the abduction and

clandestine detention of those persons.

1979 - Subsec. (e). Pub. L. 96-53 added subsec. (e).

Subsec. (f). Pub. L. 96-92 added subsec. (f).

1978 - Subsec. (a)(1). Pub. L. 95-384, Sec. 6(a), substituted

"The United States shall" for "It is the policy of the United

States", "throughout the world" for "for all", and "Accordingly"

for "To this end".

Subsec. (a)(2). Pub. L. 95-384, Sec. 6(b), (d)(1), (e),

substituted "Except" for "It is further the policy of the United

States that, except" and inserted provisions prohibiting security

assistance, including crime control and detection instruments, from

being provided to police, domestic intelligence, or other police

forces of governments which the executive branch determines are

guilty of a consistent pattern of gross violations of

internationally recognized human rights and prohibiting assistance

under part V of this subchapter to a country the government of

which, as determined by the executive branch, is engaged in a

consistent pattern of gross violations of internationally

recognized human rights.

Subsec. (a)(3). Pub. L. 95-384, Sec. 6(c), substituted

"paragraphs (1) and (2)," for "the foregoing policy".

Subsec. (d)(2)(A). Pub. L. 95-384, Secs. 10(b)(1), 12(b),

substituted "(economic support fund)" for "(security supporting

assistance)", inserted "or part VI (peacekeeping operations)" after

"and training)", and struck out "or subchapter V (assistance to the

Middle East) of this chapter" after "of this subchapter".

1977 - Subsecs. (b), (c)(1). Pub. L. 95-105 substituted

"Assistant Secretary of State" for "Coordinator".

1976 - Pub. L. 94-329 restricted the power of the President by

eliminating the extraordinary circumstances exception to

termination of assistance for gross violations of recognized human

rights, directed the Secretary of State, as part of the

presentation materials for an assistance program, to transmit a

full and complete report to Congress on the human rights practices

of the proposed recipient country and, within 30 days of a request

by Congress, to supply information concerning the human rights

practices of a country receiving assistance for determination as to

whether the assistance should be continued, restricted, or

terminated, and defined "security assistance".

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

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

note preceding section 21 of Title 2, The Congress.

-MISC3-

EFFECTIVE DATE OF 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.

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.

-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 2321, 2349aa, 2349bb-1,

2349bb-4, 2398, 2651a, 5732, 6402, 6412, 6442, 6445, 6461, 7110 of

this title; title 12 section 635; title 48 section 1904; title 50

App. section 2405.

-FOOTNOTE-

(!1) So in original. The period probably should not appear.

-End-

-CITE-

22 USC Sec. 2305 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

Part I - Declaration of Policy

-HEAD-

Sec. 2305. National Security Assistance Strategy

-STATUTE-

(a) Multiyear plan

Not later than 180 days after October 6, 2000, and annually

thereafter at the time of submission of the congressional

presentation materials of the foreign operations appropriations

budget request, the Secretary of State should submit to the

appropriate committees of Congress a plan setting forth a National

Security Assistance Strategy for the United States.

(b) Elements of the Strategy

The National Security Assistance Strategy should -

(1) set forth a multi-year plan for security assistance

programs;

(2) be consistent with the National Security Strategy of the

United States;

(3) be coordinated with the Secretary of Defense and the

Chairman of the Joint Chiefs of Staff;

(4) be prepared, in consultation with other agencies, as

appropriate;

(5) identify overarching security assistance objectives,

including identification of the role that specific security

assistance programs will play in achieving such objectives;

(6) identify a primary security assistance objective, as well

as specific secondary objectives, for individual countries;

(7) identify, on a country-by-country basis, how specific

resources will be allocated to accomplish both primary and

secondary objectives;

(8) discuss how specific types of assistance, such as foreign

military financing and international military education and

training, will be combined at the country level to achieve United

States objectives; and

(9) detail, with respect to each of the paragraphs (1) through

(8), how specific types of assistance provided pursuant to the

Arms Export Control Act [22 U.S.C. 2751 et seq.] and the Foreign

Assistance Act of 1961 [22 U.S.C. 2151 et seq.] are coordinated

with United States assistance programs managed by the Department

of Defense and other agencies.

(c) Covered assistance

The National Security Assistance Strategy should cover assistance

provided under -

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

(2) chapter 5 of part II of the Foreign Assistance Act of 1961

(22 U.S.C. 2347 et seq.); and

(3) section 516 of the Foreign Assistance Act of 1961 [22

U.S.C. 2321j].

-SOURCE-

(Pub. L. 106-280, title V, Sec. 501, Oct. 6, 2000, 114 Stat. 854.)

-REFTEXT-

REFERENCES IN TEXT

The Arms Export Control Act, referred to in subsec. (b)(9), 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 Foreign Assistance Act of 1961, referred to in subsecs.

(b)(9) and (c)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424,

as amended, which is classified principally to this chapter.

Chapter 5 of part II of the Act is classified generally to part V

(Sec. 2347 et seq.) of subchapter II of this chapter. For complete

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

out under section 2151 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Security Assistance Act of

2000, and not as part of the Foreign Assistance Act of 1961 which

comprises this chapter.

-CROSS-

DEFINITION

Pub. L. 106-280, Sec. 2, Oct. 6, 2000, 114 Stat. 846, provided

that: "In this Act [see Short Title of 2000 Amendments note set out

under section 2151 of this title], the term 'appropriate committees

of Congress' means the Committee on Foreign Relations of the Senate

and the Committee on International Relations of the House of

Representatives."

-End-

-CITE-

22 USC Part II - Military Assistance 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-

PART II - MILITARY ASSISTANCE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2304, 2360, 2415, 2428b,

2796, 2796a, 2796b, 7432 of this title; title 10 section 7307.

-End-

-CITE-

22 USC Sec. 2311 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. 2311. General authority

-STATUTE-

(a) Defense articles and services; noncombatant personnel; transfer

of funds

The President is authorized to furnish military assistance, on

such terms and conditions as he may determine, to any friendly

country or international organization, the assisting of which the

President finds will strengthen the security of the United States

and promote world peace and which is otherwise eligible to receive

such assistance, by -

(1) acquiring for any source and providing (by loan or grant)

any defense article or defense service;

(2) assigning or detailing members of the Armed Forces of the

United States and other personnel of the Department of Defense to

perform duties of a noncombatant nature; or

(3) transferring such of the funds appropriated or otherwise

made available under this part as the President may determine for

assistance to a recipient country, to the account in which funds

for the procurement of defense articles and defense services

under section 21 and section 22 of the Arms Export Control Act

[22 U.S.C. 2761 and 2762] have been deposited for such recipient,

to be merged with such deposited funds, and to be used solely to

meet obligations of the recipient for payment for sales under

that Act [22 U.S.C. 2751 et seq.].

Sales which are wholly paid from funds transferred under paragraph

(3) or from funds made available on a non-repayable basis under

section 23 of the Arms Export Control Act [22 U.S.C. 2763] shall be

priced to exclude the costs of salaries of members of the Armed

Forces of the United States (other than the Coast Guard).

(b) Terms and conditions

In addition to such other terms and conditions as the President

may determine pursuant to subsection (a) of this section, defense

articles may be loaned thereunder only if -

(1) there is a bona fide reason, other than the shortage of

funds, for providing such articles on a loan basis rather than on

a grant basis;

(2) there is a reasonable expectation that such articles will

be returned to the agency making the loan at the end of the loan

period, unless the loan is then renewed;

(3) the loan period is of fixed duration not exceeding five

years, during which such article may be recalled for any reason

by the United States;

(4) the agency making the loan is reimbursed for the loan based

on the amount charged to the appropriation for military

assistance under subsection (c) of this section; and

(5) the loan agreement provides that (A) if the defense article

is damaged while on loan, the country or international

organization to which it was loaned will reimburse the United

States for the cost of restoring or replacing the defense

article, and (B) if the defense article is lost or destroyed

while on loan, the country or international organization to which

it was loaned will pay to the United States an amount equal to

the replacement cost (less any depreciation in the value) of the

defense article.

(c) Appropriation charges; exceptions

(1) In the case of any loan of a defense article or defense

service made under this section, there shall be a charge to the

appropriation for military assistance for any fiscal year while the

article or service is on loan in an amount based on -

(A) the out-of-pocket expenses authorized to be incurred in

connection with such loan during such fiscal year; and

(B) the depreciation which occurs during such year while such

article is on loan.

(2) The provisions of this subsection shall not apply -

(A) to any particular defense article or defense service which

the United States Government agreed, prior to December 17, 1973,

to lend; and

(B) to any defense article or defense service, or portion

thereof, acquired with funds appropriated for military assistance

under this chapter.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 503, Sept. 4, 1961, 75 Stat. 435;

Pub. L. 88-633, Sec. 201(a), Oct. 7, 1964, 78 Stat. 1011; Pub. L.

89-171, pt. II, Sec. 201(a), Sept. 6, 1965, 79 Stat. 656; Pub. L.

90-137, pt. II, Sec. 201(b), Nov. 14, 1967, 81 Stat. 455; Pub. L.

93-189, Sec. 12(b)(1), Dec. 17, 1973, 87 Stat. 720; Pub. L. 96-533,

title I, Sec. 112(a), Dec. 16, 1980, 94 Stat. 3138; Pub. L. 97-113,

title I, Secs. 109(c), 110(c), Dec. 29, 1981, 95 Stat. 1526; Pub.

L. 99-83, title I, Sec. 123(a), Aug. 8, 1985, 99 Stat. 205; Pub. L.

100-461, title V, Sec. 586(a), Oct. 1, 1988, 102 Stat. 2268-50.)

-REFTEXT-

REFERENCES IN TEXT

The Arms Export Control Act, referred to in subsec. (a)(3), 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.

This chapter, referred to in subsec. (c)(2)(B), was in the

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

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

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

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

-COD-

CODIFICATION

A guaranty provision, formerly subsec. (e) of this section, was

renumbered section 525(a) of Pub. L. 87-195 by Pub. L. 90-137, pt.

II, Sec. 201(b)(3), Nov. 14, 1967, 81 Stat. 455, and classified to

section 2345(a) of this title and repealed by Pub. L. 90-629, ch.

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

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-461 inserted in last sentence "or

from funds made available on a non-repayable basis under section 23

of the Arms Export Control Act" after "under paragraph (3)" and

"(other than the Coast Guard)" after "Armed Forces of the United

States".

1985 - Subsec. (a). Pub. L. 99-83 inserted sentence relating to

pricing of sales wholly paid from transferred funds.

1981 - Subsec. (a)(3). Pub. L. 97-113, Sec. 110(c), substituted

"country" for "specified in section 2312(a)(1) of this title,

within the dollar limitations of that section".

Subsec. (b)(5). Pub. L. 97-113 substituted provision respecting

payment of restoration or replacement costs for defense articles on

loan for provision for making such a loan only if arrangements were

made with the agency making the loan for reimbursement in the event

the article was lost or destroyed while on loan, the reimbursement

of which was to be made first out of any funds available to carry

out this part and based on the depreciated value of the article at

the time of loss or destruction.

1980 - Subsec. (a)(3). Pub. L. 96-533 added par. (3).

1973 - Pub. L. 93-189 designated existing provisions as subsec.

(a), struck out references to making financial contributions to

multilateral programs for the acquisition or construction of

facilities for collective defense and providing financial

assistance for expenses incident to participation by the United

States government in regional or collective defense organizations,

and added subsecs. (b) and (c).

1967 - Subsec. (a). Pub. L. 90-137, Sec. 201(b)(1), substituted

"or grant" for ", lease, sale, exchange, grant, or any other

means".

Subsec. (d). Pub. L. 90-137, Sec. 201(b)(2), substituted a period

for "; and".

Subsec. (e). Pub. L. 90-137, Sec. 201(b)(3), struck out subsec.

(e) which related to the guaranty and insuring against political

and credit risks in connection with credit sales for defense

articles and services procured in the United States. See

Codification note above.

1965 - Subsec. (b). Pub. L. 89-171 struck out "in foreign

countries" after "facilities".

1964 - Subsec. (e). Pub. L. 88-633 added subsec. (e).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 586(c) of Pub. L. 100-461 provided that: "This section

[amending this section] shall be effective on October 1, 1989."

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.

-MISC2-

REPORTS TO CONGRESSIONAL COMMITTEES

Section 301 of Pub. L. 100-461 provided: "That the Committees on

Appropriations shall be furnished on March 1 of each year a

complete report of the status of military assistance funds

appropriated by this or any future Act committed for the payment of

any sales under the Arms Export Control Act [22 U.S.C. 2751 et

seq.] as regards the individual sale, item description, and

estimated sales price."

FINDINGS BY SECRETARY OF STATE

The Secretary of State, in the implementation of the functions

delegated to him under section 2314(a)(1), (4), and (e) of this

title, was authorized by section 1-701(e)(1) of Ex. Ord. No. 12163,

Sept. 29, 1979, 44 F.R. 56678, eff. Oct. 1, 1979, set out as a note

under section 2381 of this title, to find, in the case of a

proposed transfer of a defense article or a related training or a

related defense service by a foreign country or international

organization to a foreign country or international organization not

otherwise eligible under subsec. (a) of this section, whether the

proposed transfer would strengthen the security of the United

States and promote world peace.

REVIEW OF MILITARY ASSISTANCE PROGRAM; REDUCTION AND ELIMINATION

PLAN; SUBMITTAL TO CONGRESS

Pub. L. 93-559, Sec. 17, Dec. 30, 1974, 88 Stat. 1800, which set

forth provisions respecting review of military assistance program

and submittal to Congress of plan for reduction and elimination,

was repealed by Pub. L. 95-384, Sec. 29(c)(4), Sept. 26, 1978, 92

Stat. 747.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2321j, 2394, 2761, 2764,

2765 of this title.

-End-

-CITE-

22 USC Sec. 2312 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. 2312. Authorization of appropriations

-STATUTE-

(a) Authorization and availability of amounts

(1) There are authorized to be appropriated to the President to

carry out the purposes of this part $805,100,000 for fiscal year

1986 and $805,100,000 for fiscal year 1987.

(2) Amounts appropriated under this subsection are authorized to

remain available until expended.

(b) Programing and budgeting procedures

In order to make sure that a dollar spent on military assistance

to foreign countries is as necessary as a dollar spent for the

United States military establishment, the President shall establish

procedures for programing and budgeting so that programs of

military assistance come into direct competition for financial

support with other activities and programs of the Department of

Defense.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 504, Sept. 4, 1961, 75 Stat. 436;

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

Pub. L. 88-633, pt. II, Sec. 201(b), Oct. 7, 1964, 78 Stat. 1011;

Pub. L. 89-171, pt. II, Sec. 201(b), Sept. 6, 1965, 79 Stat. 656;

Pub. L. 89-583, pt. II, Sec. 201(a), Sept. 19, 1966, 80 Stat. 802;

Pub. L. 90-137, pt. II, Sec. 201(c), Nov. 14, 1967, 81 Stat. 455;

Pub. L. 90-554, pt. II, Sec. 201(a), Oct. 8, 1968, 82 Stat. 962;

Pub. L. 91-175, pt. II, Sec. 201, Dec. 30, 1969, 83 Stat. 819; Pub.

L. 92-226, pt. II, Sec. 201(a), Feb. 7, 1972, 86 Stat. 25; Pub. L.

93-189, Sec. 12(b)(2), Dec. 17, 1973, 87 Stat. 721; Pub. L. 93-559,

Sec. 10, Dec. 30, 1974, 88 Stat. 1798; Pub. L. 94-329, title I,

Sec. 101, June 30, 1976, 90 Stat. 729; Pub. L. 95-23, Apr. 30,

1977, 91 Stat. 54; Pub. L. 95-92, Sec. 5(a), Aug. 4, 1977, 91 Stat.

614; Pub. L. 95-384, Sec. 7(a), Sept. 26, 1978, 92 Stat. 732; Pub.

L. 96-92, Sec. 5(a), Oct. 29, 1979, 93 Stat. 702; Pub. L. 96-533,

title I, Sec. 112(b), Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97-113,

title I, Sec. 110(a), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 99-83,

title I, Sec. 103, Aug. 8, 1985, 99 Stat. 195.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a)(1). Pub. L. 99-83 amended par. (1) generally,

substituting provisions authorizing appropriations of $805,100,000

for fiscal years 1986 and 1987, for provisions authorizing

appropriations of not to exceed $238,500,000 for fiscal years 1982

and 1983.

1981 - Subsec. (a). Pub. L. 97-113 in par. (1) substituted

appropriations of $238,500,000 for fiscal years 1982 and 1983 for

appropriation of $106,100,000 for fiscal year 1981 and struck out

provision limiting assistance in listed amounts to Portugal

($51,000,000), Spain ($3,600,000), Philippines ($25,000,000), and

Sudan ($1,700,000) for fiscal year 1981 and authorization of a

10-percent increase in any such amount when deemed necessary by the

President, redesignated former par. (4) as (2), struck out former

pars. (2), which limited assistance to those countries listed in

par. (1), and par. (3), which provided that the authority contained

in sections 2360(a) and 2364(a) of this title not be used to

increase the amounts specified in par. (1) or the limitations in

par. (2).

1980 - Subsec. (a)(1). Pub. L. 96-533 substituted appropriations

authorization of $106,100,000 for fiscal year 1981 with allocations

of specified amounts for certain countries for fiscal year 1981 for

such authorization of $110,200,000 for fiscal year 1980 with

similar allocations for fiscal year 1980, included an allocation

for The Sudan and deleted Jordan from the list.

1979 - Subsec. (a)(1). Pub. L. 96-92 substituted appropriations

authorization of $110,200,000 for fiscal year 1980 for prior

authorization of $133,500,000 for fiscal year 1979, made the

allocations available in specified amounts to Portugal, Spain,

Jordan and the Philippines, struck out from the listing Greece, and

struck out "for the fiscal year 1979" after "any such country" in

provision limiting the percentage increment in an allotment to such

fiscal year.

1978 - Subsec. (a). Pub. L. 95-384 substituted provisions

authorizing appropriations of $133,500,000 to the President for

fiscal year 1979 to carry out the purposes of this part with

specified amounts allocated to Portugal, Spain, Jordan, the

Philippines, and Greece for provisions authorizing appropriations

of $228,900,000 to the President for fiscal year 1978 to carry out

the purposes of this part with specified amounts allocated to

Greece, Portugal, Spain, Turkey, Jordan, Indonesia, the

Philippines, and Thailand.

1977 - Subsec. (a)(1). Pub. L. 95-92 substituted provisions

authorizing appropriations for fiscal year 1978 to carry out the

purposes of this part with specified amounts allocated to Greece,

Portugal, Spain, Turkey, Jordan, Indonesia, Philippines, and

Thailand, for provisions authorizing appropriations for fiscal

years 1976 and 1977 to carry out the purposes of this part with

specified amounts allocated to Greece, Indonesia, Jordan, Republic

of Korea, Philippines, Thailand, Turkey, Ethiopia, and Portugal.

Pub. L. 95-23 substituted "$179,550,000" for "$177,300,000" and

added Portugal, with a fiscal year 1977 limit of $32,250,000, to

the table of countries.

Subsec. (a)(2). Pub. L. 95-92 substituted provisions prohibiting

assistance to countries other than the countries specified in par.

(1) except with respect to costs incurred under section 2321j(b) of

this title or as otherwise required by law, for provisions setting

forth limitations on amounts available for fiscal years 1976 and

1977 to carry out the purposes of this part with respect to

assistance to international organizations and countries not

designated in former par. (1).

Subsec. (a)(3). Pub. L. 95-92 substituted provisions relating to

the authority of sections 2360(a) and 2364(a) of this title, for

provisions setting forth limitations on the number of countries

eligible for assistance under this part in fiscal years 1976 and

1977.

Subsec. (a)(4). Pub. L. 95-92 substituted provisions authorizing

availability until expended of amounts appropriated under this

subsection, for provisions relating to the authority of sections

2360(a) and 2364(a) of this title to increase appropriated amounts

and making inapplicable to emergency assistance under section

2314(a) of this title limitations on appropriated funds under this

section.

Subsec. (a)(5) to (8). Pub. L. 95-92 struck out pars. (5) to (8)

which provided for appropriations for administrative and related

expenses for fiscal years 1976 and 1977, restricted use of funds

with respect to sophisticated weapons systems, authorized

appropriated amounts to remain available until expended, and

required assistance to Turkey under this part to be subject to

section 2370(x) of this title, respectively.

1976 - Subsec. (a). Pub. L. 94-329 designated existing provisions

as par. (1), substituted provisions authorizing appropriations for

the purpose of this part of $196,700,000 for fiscal 1976 and

$177,300,000 for fiscal 1977, with limitations in expenditures for

the specified countries, and authorizing an increase of not more

than 10% of the specified amounts if the President finds it

necessary for the purpose of this part, for provisions authorizing

appropriations not to exceed $600,000,000 for fiscal 1975 with

provisos limiting assistance under this part to thirty-one

countries except for training in the United States, and prohibiting

the furnishing of sophisticated weapons systems to underdeveloped

countries unless the President determined that such systems were

important to national security, and added pars. (2) to (8).

1974 - Subsec. (a). Pub. L. 93-559 substituted "$600,000,000 for

the fiscal year 1975" for "$512,500,000 for the fiscal year 1974"

and designated existing provision as item (1) and added item (2).

1973 - Subsec. (a). Pub. L. 93-189 substituted "$512,500,000 for

the fiscal year 1974", for "$500,000,000 for the fiscal year 1972"

and "thirty-one countries" for "forty countries".

1972 - Subsec. (a). Pub. L. 92-226 substituted "$500,000,000 for

the fiscal year 1972" for "$350,000,000 for the fiscal year 1970,

and $350,000,000 for the fiscal year 1971".

1969 - Subsec. (a). Pub. L. 91-175 substituted "$350,000,000 for

the fiscal year 1970, and $350,000,000 for the fiscal year 1971"

for "$375,000,000 for the fiscal year 1969," and inserted

provisions cost-sharing expenses of United States participation in

the military headquarters and related agencies program.

1968 - Subsec. (a). Pub. L. 90-554 substituted "1969" and

"$375,000,000" for "1968" and "$510,000,000", respectively, struck

out provisions which made $24,100,000 of authorization available

for fiscal year 1968, for cost-sharing expenses, and which

prohibited other available funds from being used for cost-sharing

expenses, and prohibited use of appropriated funds for weapons

systems expenditures without Presidential determination of

importance to national security and report to Congress,

respectively.

1967 - Subsec. (a). Pub. L. 90-137 substituted provisions

authorizing appropriation of $510,000,000 for fiscal year 1968 for

provisions authorizing appropriation of $875,000,000 for fiscal

year 1967 in addition to such amounts as may be otherwise

authorized to support Vietnamese forces and other free world forces

in Vietnam, made $24,100,000 of such authorization available for

fiscal year 1968 for cost-sharing expenses, and prohibited other

available funds from being used for such cost-sharing expenses.

1966 - Subsec. (a). Pub. L. 89-583 substituted provisions

authorizing appropriation of $875,000,000 for fiscal year 1967 in

addition to such amounts as may be otherwise authorized to support

Vietnamese forces and other free world forces in Vietnam and

limiting assistance to forty countries in any fiscal year for

provisions authorizing appropriation of $1,170,000,000 for fiscal

year 1966 and prescribing availability of minimum of $200,000,000

for use in Vietnam for fiscal year 1965 unless otherwise determined

by the President and so reported to Committees on Foreign Relations

and Appropriations of the Senate and to the Speaker of the House.

1965 - Pub. L. 89-171 substituted "1966" and "$1,170,000,000" for

"1965" and "$1,055,000,000", respectively.

1964 - Subsec. (a). Pub. L. 88-633 substituted "1965" and

"$1,055,000,000" for "1964" and "$1,000,000,000", respectively, and

required not less than $200,000,000 to be available for fiscal year

1965 for use in Vietnam unless the President determined and

reported otherwise to Congressional committees.

1963 - Subsec. (a). Pub. L. 88-205 substituted "fiscal year 1964"

and "$1,000,000,000, which", for "the fiscal years 1962 and 1963"

and "$1,700,000,000 for each such fiscal year, which sum",

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.

-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 2321i, 2321j of this

title.

-End-

-CITE-

22 USC Sec. 2313 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. 2313. Transferred

-COD-

CODIFICATION

Section, Pub. L. 87-195, pt. II, Sec. 505(a), (b), Sept. 4, 1961,

75 Stat. 436, as amended, was renumbered Secs. 502, 507(c) of Pub.

L. 87-195 by Pub. L. 90-137, pt. II, Sec. 201(d)(1), (l), Nov. 14,

1967, 81 Stat. 456, 457, and transferred to sections 2302 and 2319

of this title.

-End-

-CITE-

22 USC Sec. 2314 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. 2314. Furnishing of defense articles or related training or

other defense service on grant basis

-STATUTE-

(a) Conditions of eligibility

In addition to such other provisions as the President may

require, no defense articles or related training or other defense

service shall be furnished to any country on a grant basis unless

it shall have agreed that -

(1) it will not, without the consent of the President -

(A) permit any use of such articles or related training or

other defense service by anyone not an officer, employee, or

agent of that country,

(B) transfer, or permit any officer, employee, or agent of

that country to transfer such articles or related training or

other defense service by gift, sale, or otherwise, or

(C) use or permit the use of such articles or related

training or other defense service for purposes other than those

for which furnished;

(2) it will maintain the security of such articles or related

training or other defense service, and will provide substantially

the same degree of security protection afforded to such articles

or related training or other defense service by the United States

Government;

(3) it will, as the President may require, permit continuous

observation and review by, and furnish necessary information to,

representatives of the United States Government with regard to

the use of such articles or related training or other defense

service; and

(4) unless the President consents to other disposition, it will

return to the United States Government for such use or

disposition as the President considers in the best interests of

the United States, such articles or related training or other

defense service which are no longer needed for the purposes for

which furnished.

(b) Limitation on amount; exceptions

No defense articles shall be furnished on a grant basis to any

country at a cost in excess of $3,000,000 in any fiscal year unless

the President determines -

(1) that such country conforms to the purposes and principles

of the Charter of the United Nations;

(2) that such defense articles will be utilized by such country

for the maintenance of its own defensive strength, or the

defensive strength of the free world;

(3) that such country is taking all reasonable measures,

consistent with its political and economic stability, which may

be needed to develop its defense capacities; and

(4) that the increased ability of such country to defend itself

is important to the security of the United States.

(c) Reduction and termination of grants to countries able to

maintain adequate military forces without undue economic strain

The President shall regularly reduce and, with such deliberate

speed as orderly procedure and other relevant considerations,

including prior commitments, will permit, shall terminate all

further grants of military equipment and supplies to any country

having sufficient wealth to enable it, in the judgment of the

President, to maintain and equip its own military forces at

adequate strength, without undue burden to its economy.

(d) Termination of assistance; report of violation by President;

conditions for reinstatement

(1) Assistance and deliveries of assistance under this part to

any country shall be terminated as hereinafter provided, if such

country uses defense articles or defense services furnished under

this chapter, the Mutual Security Act of 1954, or any predecessor

Foreign Assistance Act, in substantial violation (either in terms

of quantities or in terms of the gravity of the consequences

regardless of the quantities involved) of any agreement entered

into pursuant to any such Act (A) by using such articles or

services for a purpose not authorized under section 2302 of this

title or, if such agreement provides that such articles or services

may only be used for purposes more limited than those authorized

under section 2302 of this title, for a purpose not authorized

under such agreement; (B) by transferring such articles or services

to, or permitting any use of such articles or services by, anyone

not an officer, employee, or agent of the recipient country without

the consent of the President; or (C) by failing to maintain the

security of such articles or services.

(2)(A) Assistance and deliveries of assistance shall be

terminated pursuant to paragraph (1) of this subsection if the

President so determines and so states in writing to the Congress,

or if the Congress so finds by joint resolution.

(B) The President shall report to the Congress promptly upon the

receipt of information that a violation described in paragraph (1)

of this subsection may have occurred.

(3) Assistance to a country shall remain terminated in accordance

with paragraph (1) of this subsection until such time as -

(A) the President determines that the violation has ceased; and

(B) the country concerned has given assurances satisfactory to

the President that such violation will not recur.

(4) The authority contained in section 2364(a) of this title may

not be used to waive the provisions of this section with respect to

further assistance under this part.

(e) Consent by President to transfer

In considering a request for approval of any transfer of any

weapon, weapons system, munitions, aircraft, military boat,

military vessel, or other implement of war to another country, the

President shall not give his consent under subsection (a)(1) or

(a)(4) of this section to the transfer unless the United States

itself would transfer the defense article under consideration to

that country. In addition, the President shall not give his consent

under subsection (a)(1) or (a)(4) of this section to the transfer

of any significant defense articles on the United States Munitions

List unless the foreign country requesting consent to transfer

agrees to demilitarize such defense articles prior to transfer, or

the proposed recipient foreign country provides a commitment in

writing to the United States Government that it will not transfer

such defense articles, if not demilitarized, to any other foreign

country or person without first obtaining the consent of the

President.

(f) Disposition of defense articles furnished on a grant basis; net

proceeds to be paid over to the United States

Effective July 1, 1974, no defense article shall be furnished to

any country on a grant basis unless such country shall have agreed

that the net proceeds of sale received by such country in disposing

of any weapon, weapons system, munition, aircraft, military boat,

military vessel, or other implement of war received under this part

will be paid to the United States Government and shall be available

to pay all official costs of the United States Government payable

in the currency of that country, including all costs relating to

the financing of international educational and cultural exchange

activities in which that country participates under the programs

authorized by the Mutual Educational and Cultural Exchange Act of

1961 [22 U.S.C. 2451 et seq.]. In the case of items which were

delivered prior to 1985, the President may waive the requirement

that such net proceeds be paid to the United States Government if

he determines that to do so is in the national interest of the

United States.

(g) Discrimination on basis of race, religion, national origin, or

sex prohibited

(1) It is the policy of the United States that no assistance

under this part should be furnished to any foreign country, the

laws, regulations, official policies, or governmental practices of

which prevent any United States person (as defined in section

7701(a)(30) of title 26) from participating in the furnishing of

defense articles or defense services under this part on the basis

of race, religion, national origin, or sex.

(2)(A) No agency performing functions under this part shall, in

employing or assigning personnel to participate in the performance

of any such function, whether in the United States or abroad, take

into account the exclusionary policies or practices of any foreign

government where such policies or practices are based upon race,

religion, national origin, or sex.

(B) Each contract entered into by any such agency for the

performance of any function under this part shall contain a

provision to the effect that no person, partnership, corporation,

or other entity performing functions pursuant to such contract,

shall, in employing or assigning personnel to participate in the

performance of any such function, whether in the United States or

abroad, take into account the exclusionary policies or practices of

any foreign government where such policies or practices are based

upon race, religion, national origin, or sex.

(3) The President shall promptly transmit reports to the Speaker

of the House of Representatives and the chairman of the Committee

on Foreign Relations of the Senate concerning any transaction in

which any United States person (as defined in section 7701(a)(30)

of title 26) is prevented by a foreign government on the basis of

race, religion, national origin, or sex, from participating in the

furnishing of assistance under this part, or education and training

under part V of this subchapter, to any foreign country. Such

reports shall include (A) a description of the facts and

circumstances of any such discrimination, (B) the response thereto

on the part of the United States or any agency or employee thereof,

and (C) the result of such response, if any.

(4)(A) Upon the request of the Committee on Foreign Relations of

the Senate or the Committee on Foreign Affairs of the House of

Representatives, the President shall, within 60 days after receipt

of such request, transmit to both such committees a statement,

prepared with the assistance of the Assistant Secretary of State

for Democracy, Human Rights, and Labor, with respect to the country

designated in such request, setting forth -

(i) all the available information about the exclusionary

policies or practices of the government of such country when such

policies or practices are based upon race, religion, national

origin, or sex and prevent any such person from participating in

a transaction involving the furnishing of any assistance under

this part or any education and training under part V of this

subchapter;

(ii) the response of the United States thereto and the results

of such response;

(iii) whether, in the opinion of the President, notwithstanding

any such policies or practices -

(I) extraordinary circumstances exist which necessitate a

continuation of such assistance or education and training

transaction, and, if so, a description of such circumstances

and the extent to which such assistance or education and

training transaction should be continued (subject to such

conditions as Congress may impose under this section), and

(II) on all the facts it is in the national interest of the

United States to continue such assistance or education and

training transaction; and

(iv) such other information as such committee may request.

(B) In the event a statement with respect to an assistance or

training transaction is requested pursuant to subparagraph (A) of

this paragraph but is not transmitted in accordance therewith

within 60 days after receipt of such request, such assistance or

training transaction shall be suspended unless and until such

statement is transmitted.

(C)(i) In the event a statement with respect to an assistance or

training transaction is transmitted under subparagraph (A) of this

paragraph, the Congress may at any time thereafter adopt a joint

resolution terminating or restricting such assistance or training

transaction.

(ii) Any such resolution shall be considered in the Senate in

accordance with the provisions of section 601(b) of the

International Security Assistance and Arms Export Control Act of

1976.

(iii) The term "certification", as used in section 601 of such

Act, means, for the purposes of this paragraph, a statement

transmitted under subparagraph (A) of this paragraph.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 505, formerly Sec. 506, Sept. 4,

1961, 75 Stat. 436; Pub. L. 87-565, pt. II, Sec. 201(a), Aug. 1,

1962, 76 Stat. 259; Pub. L. 89-583, pt. II, Sec. 201(b), Sept. 19,

1966, 80 Stat. 803; renumbered Sec. 505, Pub. L. 90-137, pt. II,

Sec. 201(e), Nov. 14, 1967, 81 Stat. 456 and amended Pub. L.

92-226, pt. II, Sec. 201(b), (c), Feb. 7, 1972, 86 Stat. 25; Pub.

L. 93-189, Sec. 12(b)(3), Dec. 17, 1973, 87 Stat. 721; Pub. L.

94-329, title II, Secs. 203(b), 204(b)(2), title III, Secs. 302(a),

304(a), June 30, 1976, 90 Stat. 735, 736, 751, 754; Pub. L. 95-105,

title I, Sec. 109(a)(4), Aug. 17, 1977, 91 Stat. 846; Pub. L.

99-83, title I, Sec. 123(b), Aug. 8, 1985, 99 Stat. 205; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-513,

title III, Nov. 5, 1990, 104 Stat. 1998; Pub. L. 103-236, title I,

Sec. 162(e)(2), Apr. 30, 1994, 108 Stat. 405; Pub. L. 103-437, Sec.

9(a)(6), Nov. 2, 1994, 108 Stat. 4588.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (d)(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 Mutual Security Act of 1954, referred to in subsec. (d)(1),

is act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts

July 8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs.

2-11, 70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355;

June 30, 1958, Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II, Secs.

201-205, ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72

Stat. 261; July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101,

ch. II, Secs. 201-205(a)-(i), (k)-(n), ch. III, Sec. 301, ch. IV,

Sec. 401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472,

ch. I to V, 74 Stat. 134, which was principally classified to

chapter 24 (Sec. 1750 et seq.) of this title and which was repealed

by act July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559, Pub. L.

85-141, Secs. 2(e) 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356,

Pub. L. 86-108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24,

1959, 73 Stat. 250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k),

May 14, 1960, 74 Stat. 138, Pub. L. 87-195, pt. III, Sec.

642(a)(2), Sept. 4, 1961, 75 Stat. 460, Pub. L. 94-329, title II,

Sec. 212(b)(1), June 30, 1976, 90 Stat. 745, Pub. L. 104-127, title

II, Sec. 228, Apr. 4, 1996, 110 Stat. 963, except for sections

1754, 1783, 1796, 1853, 1928, and 1937 of this title. For complete

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

out under section 1754 of this title and Tables.

The Mutual Educational and Cultural Exchange Act of 1961,

referred to in subsec. (f), is Pub. L. 87-256, Sept. 21, 1961, 5

Stat. 527, as amended, which is classified principally to chapter

33 (Sec. 2451 et. seq.) of this title. For complete classification

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

2451 of this title and Tables.

Section 601 of the International Security Assistance and Arms

Export Control Act of 1976, referred to in subsec. (g)(4)(C)(ii),

is section 601 of Pub. L. 94-329, which was not classified to the

Code.

-MISC1-

AMENDMENTS

1994 - Subsec. (g)(4)(A). Pub. L. 103-437 substituted "Foreign

Affairs" for "International Relations" in introductory provisions.

Pub. L. 103-236 substituted "Democracy, Human Rights, and Labor"

for "Human Rights and Humanitarian Affairs" in introductory

provisions.

1990 - Subsec. (f). Pub. L. 101-513 substituted "1985" for "1975"

in second sentence.

1986 - Subsec. (g)(1), (3). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

1985 - Subsec. (f). Pub. L. 99-83 inserted provisions relating to

waiver for items delivered prior to 1975.

1977 - Subsec. (g)(4)(A). Pub. L. 95-105 substituted "Assistant

Secretary of State" for "Coordinator" in provisions preceding cl.

(i).

1976 - Subsec. (a). Pub. L. 94-329, Sec. 203(b), inserted "or

related training or other defense service" after "articles"

wherever appearing.

Subsec. (d). Pub. L. 94-329, Sec. 304(a), provided that either

the President, by so stating in a writing to Congress, or Congress,

by joint resolution, terminate assistance upon determining a

violation, specified conditions for reinstatement of assistance,

and denied the President the power, where a violation has been

determined, of granting assistance on the basis of national

security.

Subsec. (e). Pub. L. 94-329, Sec. 204(b)(2), struck out

provisions relating to the President's notification of his consent

to transfer war implements to another country, in writing, to the

Speaker of the House of Representatives and the Committee on

Foreign Relations of the Senate indicating his justification for

the transfer and the particular war implement transferred.

Subsec. (g). Pub. L. 94-329 added subsec. (g).

1973 - Subsecs. (e), (f). Pub. L. 93-189 added subsecs. (e) and

(f).

1972 - Subsec. (b)(2). Pub. L. 92-226, Sec. 201(b), substituted

"or" for "and".

Subsec. (e). Pub. L. 92-226, Sec. 201(c), repealed provisions

respecting conditions of eligibility requiring agreements for use

of foreign currencies from sale of surplus commodities for common

defense including internal security.

1966 - Subsec. (e). Pub. L. 89-583 added subsec. (e).

1962 - Subsecs. (c), (d). Pub. L. 87-565 added subsecs. (c) and

(d).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

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

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 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.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 203(b) of Pub. L. 94-329 provided that the amendment made

by that section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2753, 2776, 2780 of this

title.

-End-

-CITE-

22 USC Sec. 2314a 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. 2314a. Repealed. Pub. L. 93-189, Sec. 26(4), Dec. 17, 1973, 87

Stat. 731

-MISC1-

Section, Pub. L. 91-672, Sec. 9, Jan. 12, 1971, 84 Stat. 2055,

related to transfer of defense articles to other countries under

sections 2314(a)(1), (4) and 2753(a)(2) of this title and

prerequisites for consent of President to transfer.

-End-

-CITE-

22 USC Secs. 2315 to 2317 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. 2315 to 2317. Transferred

-COD-

CODIFICATION

Section 2315, Pub. L. 87-195, pt. II, Sec. 507, Sept. 4, 1961, 75

Stat. 437, as amended, which related to sale of defense articles

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

articles, value of excess defense articles, contracts for

procurement, undertakings, and fixed-price sales agreements, was

renumbered Secs. 522, 523 of Pub. L. 87-195 by Pub. L. 90-137, pt.

II, Sec. 201(f), (g), Nov. 14, 1967, 81 Stat. 456, and transferred

to sections 2342 and 2343 of this title, respectively, which

sections were subsequently repealed.

Section 2316, Pub. L. 87-195, pt. II, Sec. 508, Sept. 4, 1961, 75

Stat. 437, as amended, which related to reimbursements and

transfers to separate fund account, was renumbered Sec. 524 of Pub.

L. 87-195 by Pub. L. 90-137, pt. II, Sec. 201(h), Nov. 14, 1967, 81

Stat. 456, and transferred to section 2344 of this title.

Section 2317(a), Pub. L. 87-195, pt. II, Sec. 509(a), Sept. 4,

1961, 75 Stat. 437; Pub. L. 88-633, pt. II, Sec. 201(d), Oct. 7,

1964, 78 Stat. 1011, related to exchanges, and was repealed by Pub.

L. 90-137, pt. II, Sec. 201(i)(1), Nov. 14, 1967, 81 Stat. 457.

Section 2317(b), Pub. L. 87-195, pt. II, Sec. 509(b), as added

Pub. L. 88-633, pt. II, Sec. 201(d), Oct. 7, 1964, 78 Stat. 1011,

which related to guaranties, was renumbered Sec. 525(b) of Pub. L.

87-195 by Pub. L. 90-137, pt. II, Sec. 201(i)(2), Nov. 14, 1967, 81

Stat. 457, transferred to section 2345(b) of this title, and

subsequently repealed.

-End-

-CITE-

22 USC Sec. 2318 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. 2318. Special authority

-STATUTE-

(a) Unforeseen emergency; national interest; determinations and

reports to Congress; limitation of defense articles, defense

services, and military education and training furnished

(1) If the President determines and reports to the Congress in

accordance with section 2411 of this title that -

(A) an unforeseen emergency exists which requires immediate

military assistance to a foreign country or international

organization; and

(B) the emergency requirement cannot be met under the authority

of the Arms Export Control Act [22 U.S.C. 2751 et seq.] or any

other law except this section;

he may direct, for the purposes of subchapter II of this chapter,

the drawdown of defense articles from the stocks of the Department

of Defense, defense services of the Department of Defense, and

military education and training, of an aggregate value of not to

exceed $100,000,000 in any fiscal year.

(2)(A) If the President determines and reports to the Congress in

accordance with section 2411 of this title that it is in the

national interest of the United States to draw down articles and

services from the inventory and resources of any agency of the

United States Government and military education and training from

the Department of Defense, the President may direct the drawdown of

such articles, services, and military education and training -

(i) for the purposes and under the authorities of -

(I) part VIII of subchapter I of this chapter (relating to

international narcotics control assistance);

(II) part IX of subchapter I of this chapter (relating to

international disaster assistance);

(III) part VIII of subchapter II of this chapter (relating to

antiterrorism assistance);

(IV) part IX of subchapter II of this chapter (relating to

nonproliferation assistance); or

(V) the Migration and Refugee Assistance Act of 1962 [22

U.S.C. 2601 et seq.]; or

(ii) for the purpose of providing such articles, services, and

military education and training to Vietnam, Cambodia, and Laos as

the President determines are necessary -

(I) to support cooperative efforts to locate and repatriate

members of the United States Armed Forces and civilians

employed directly or indirectly by the United States Government

who remain unaccounted for from the Vietnam War; and

(II) to ensure the safety of United States Government

personnel engaged in such cooperative efforts and to support

Department of Defense-sponsored humanitarian projects

associated with such efforts.

(B) An aggregate value of not to exceed $200,000,000 in any

fiscal year of such articles, services, and military education and

training may be provided pursuant to subparagraph (A) of this

paragraph -

(i) not more than $75,000,000 of which may be provided from the

drawdown from the inventory and resources of the Department of

Defense;

(ii) not more than $75,000,000 of which may be provided

pursuant to clause (i)(I) of such subparagraph; and

(iii) not more than $15,000,000 of which may be provided to

Vietnam, Cambodia, and Laos pursuant to clause (ii) of such

subparagraph.

(b) Notification and information to Congress of assistance

furnished

(1) The authority contained in this section shall be effective

for any such emergency only upon prior notification to the

Committee on Foreign Affairs of the House of Representatives, the

Committee on Foreign Relations of the Senate, and the Committee on

Appropriations of each House of Congress. In the case of drawdowns

authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i)

of this section, notifications shall be provided to those

committees at least 15 days in advance of the drawdowns in

accordance with the procedures applicable to reprogramming

notifications under section 2394-1 of this title.

(2) The President shall keep the Congress fully and currently

informed of all defense articles, defense services, and military

education and training provided under this section, including

providing the Congress with a report detailing all defense

articles, defense services, and military education and training

delivered to the recipient country or international organization

upon delivery of such articles or upon completion of such services

or education and training. Such report shall also include whether

any savings were realized by utilizing commercial transport

services rather than acquiring those services from United States

Government transport assets.

(c) Commercial transportation and related services

For the purposes of any provision of law that authorizes the

drawdown of defense or other articles or commodities, or defense or

other services from an agency of the United States Government, such

drawdown may include the supply of commercial transportation and

related services that are acquired by contract for the purposes of

the drawdown in question if the cost to acquire such commercial

transportation and related services is less than the cost to the

United States Government of providing such services from existing

agency assets.

(d) Authorization of appropriations for reimbursement of applicable

funds

There are authorized to be appropriated to the President such

sums as may be necessary to reimburse the applicable appropriation,

fund, or account for defense articles, defense services, and

military education and training provided under this section.

-SOURCE-

(Pub. L. 87-195, pt. II, Sec. 506, formerly Sec. 510, Sept. 4,

1961, 75 Stat. 437; Pub. L. 87-565, pt. II, Sec. 201(d), Aug. 1,

1962, 76 Stat. 260; Pub. L. 88-205, pt. II, Sec. 202(c), Dec. 16,

1963, 77 Stat. 384; Pub. L. 88-633, pt. II, Sec. 201(e), Oct. 7,

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

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

1966, 80 Stat. 803; renumbered Sec. 506 and amended Pub. L. 90-137,

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

pt. II, Sec. 201(b), Oct. 8, 1968, 82 Stat. 962; Pub. L. 91-175,

pt. II, Sec. 202, Dec. 30, 1969, 83 Stat. 820; Pub. L. 92-226, pt.

II, Sec. 201(d), pt. III, Sec. 304(a)(2), Feb. 7, 1972, 86 Stat.

25, 28; Pub. L. 93-189, Sec. 12(b)(4), Dec. 17, 1973, 87 Stat. 721;

Pub. L. 93-559, Sec. 11, Dec. 30, 1974, 88 Stat. 1798; Pub. L.

94-329, title I, Sec. 102, June 30, 1976, 90 Stat. 730; Pub. L.

96-92, Sec. 5(b), Oct. 29, 1979, 93 Stat. 702; Pub. L. 96-533,

title I, Sec. 112(c), Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97-113,

title I, Sec. 110(b), Dec. 29, 1981, 95 Stat. 1526; Pub. L.

101-167, title V, Sec. 551(b), Nov. 21, 1989, 103 Stat. 1236; Pub.

L. 104-164, title I, Sec. 103(a), (b), July 21, 1996, 110 Stat.

1423; Pub. L. 105-118, title V, Sec. 576, Nov. 26, 1997, 111 Stat.

2433; Pub. L. 106-280, title I, Sec. 121, Oct. 6, 2000, 114 Stat.

850.)

-REFTEXT-

REFERENCES IN TEXT

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

The Migration and Refugee Assistance Act of 1962, referred to in

subsec. (a)(2)(A)(i)(V), is Pub. L. 87-510, June 28, 1962, 76 Stat.

121, as amended, which is classified principally to chapter 36

(Sec. 2601 et seq.) of this title. For complete classification of

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

2601 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.

AMENDMENTS

2000 - Subsec. (a)(2)(A)(i)(III) to (V). Pub. L. 106-280, Sec.

121(b), added subcls. (III) to (V) and struck out former subcl.

(III) which read as follows: "the Migration and Refugee Assistance

Act of 1962; or".

Subsec. (a)(2)(B). Pub. L. 106-280, Sec. 121(a), substituted

"$200,000,000" for "$150,000,000" in introductory provisions.

1997 - Subsec. (b)(2). Pub. L. 105-118, Sec. 576(1), inserted

before period at end ", including providing the Congress with a

report detailing all defense articles, defense services, and

military education and training delivered to the recipient country

or international organization upon delivery of such articles or

upon completion of such services or education and training. Such

report shall also include whether any savings were realized by

utilizing commercial transport services rather than acquiring those

services from United States Government transport assets".

Subsecs. (c), (d). Pub. L. 105-118, Sec. 576(2), (3), added

subsec. (c) and redesignated former subsec. (c) as (d).

1996 - Subsec. (a)(1). Pub. L. 104-164, Sec. 103(a), substituted

"$100,000,000" for "$75,000,000" in concluding provisions.

Subsec. (a)(2)(A). Pub. L. 104-164, Sec. 103(b)(1), substituted

"articles and services from the inventory and resources of any

agency of the United States Government and military education and

training from the Department of Defense, the President may direct

the drawdown of such articles, services, and military education and

training - " and cls. (i) and (ii) for "defense articles from the

stocks of the Department of Defense, defense services of the

Department of Defense, and military education and training, he may

direct -

"(i) the drawdown of such articles, services, and the provision

of such training for the purposes and under the authorities of

parts VIII and IX of subchapter I of this chapter, as the case

may be; and

"(ii) the drawdown of defense services for the purposes and

under the authorities of the Migration and Refugee Assistance Act

of 1962."

Subsec. (a)(2)(B). Pub. L. 104-164, Sec. 103(b)(2), substituted

"$150,000,000 in any fiscal year of such articles, services, and

military education and training may be provided pursuant to

subparagraph (A) of this paragraph - " and cls. (i) to (iii) for

"$75,000,000 in any fiscal year of defense articles, defense

services, and military education and training may be provided

pursuant to subparagraph (A) of this paragraph."

Subsec. (b)(1). Pub. L. 104-164, Sec. 103(b)(3), inserted at end

"In the case of drawdowns authorized by subclauses (I) and (III) of

subsection (a)(2)(A)(i) of this section, notifications shall be

provided to those committees at least 15 days in advance of the

drawdowns in accordance with the procedures applicable to

reprogramming notifications under section 2394-1 of this title."

1989 - Subsec. (a). Pub. L. 101-167 designated existing

provisions as par. (1), redesignated former pars. (1) and (2) as

subpars. (A) and (B), respectively, and added par. (2).

1981 - Subsec. (a). Pub. L. 97-113 increased fiscal year

limitation to $75,000,000 from $50,000,000 on aggregate value of

assistance furnished.

1980 - Subsec. (a). Pub. L. 96-533 increased to $50,000,000 from

$10,000,000 fiscal year limitation on aggregate value of assistance

furnished.

1979 - Subsec. (a). Pub. L. 96-92 authorized military education

and training assistance, substituted $10,000,000 fiscal year

limitation on aggregate value of assistance furnished for

$67,500,000 fiscal year limitation on total value of defense

articles and defense services ordered, and eliminated requirement

for determination that failure to respond immediately to the

emergency would result in serious harm to vital United States

security interests, deleted provision authorizing reimbursement

from subsequent appropriations which is covered in subsec. (c),

provision for effectiveness of authority only as provided in an

appropriation Act, and requirement of information to Congress which

is covered in subsec. (b)(2).

Subsec. (b). Pub. L. 96-92 required notification of Congressional

Committees, reenacted former subsec. (a) provision for information

to Congress respecting assistance furnished, included military

education and training, and deleted authorization of Defense

Department, in applicable appropriations, to incur obligations in

anticipation of reimbursements, and authorization of appropriations

for reimbursement purposes.

Subsec. (c). Pub. L. 96-92 incorporated reimbursement provision

of former subsec. (b) and expanded section to include military

education and training.

1976 - Subsec. (a). Pub. L. 94-329 redesignated existing

provisions as pars. (1) to (3), limited the President's authority

to act by inserting requirements that he act only in cases of

unforeseen emergencies requiring immediate military assistance to a

foreign country or international organization where vital United

States security interests are concerned when such emergency

requirement cannot be met under authority of the Arms Export

Control Act or any other law, reduced the President's authority

from $150 million to $67.5 million in any fiscal year, and required

current reporting to Congress on the use of such authority.

1974 - Subsec. (a). Pub. L. 93-559 substituted "fiscal year 1975"

for "fiscal year 1974" wherever appearing and "$150,000,000" for

"$250,000,000".

1973 - Subsec. (a). Pub. L. 93-189 substituted "the fiscal year

1974", "in the security interests", and "$250,000,000" for "the

fiscal year 1972", "vital to the security", and "$300,000,000",

respectively.

1972 - Subsec. (a). Pub. L. 92-226 substituted "1972" for "1970

and the fiscal year 1971" and "the fiscal year 1972" for "each of

the fiscal years 1970 and 1971", and repealed last sentence

providing for prompt notice of action taken to Committees on

Foreign Relations, Appropriations, and Armed Services of the Senate

and Speaker of the House.

1969 - Subsec. (a). Pub. L. 91-175 substituted "1970 and the

fiscal year 1971" for "1969" in first sentence, and substituted "in

each of the fiscal years 1970 and 1971" for "in the fiscal year

1969" in second sentence.

1968 - Subsec. (a). Pub. L. 90-554 substituted "1969" for "1968"

wherever appearing.

1967 - Subsec. (a). Pub. L. 90-137 substituted "1968" for "1967"

wherever appearing.

1966 - Subsec. (a). Pub. L. 89-583 substituted "1967" for "1966"

wherever appearing.

1965 - Subsec. (a). Pub. L. 89-171 substituted "1966" for "1965"

wherever appearing.

1964 - Subsec. (a). Pub. L. 88-633 substituted "1965" for "1964"

wherever appearing.

1963 - Subsec. (a). Pub. L. 88-205 substituted "1964" for "1963"

wherever appearing.

1962 - Subsec. (a). Pub. L. 87-565 substituted "1963" for "1962"

wherever appearing.

-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.

-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, 2360, 2370,

2392, 2411, 7532 of this title.

-End-