Legislación
US (United States) Code. Title 22. Chapter 32: Foreign Assistance
REPAYMENT OF LOANS IN DEFAULT
Section 56 of Pub. L. 93-559 provided that: "It is the sense of
the Congress that any country receiving assistance under the
Foreign Assistance Act of 1961 [this chapter] which is in default,
at least 90 days prior to the date of enactment of this Act [Dec.
30, 1974], of any payment of principal or interest due on any loan
or credit received from the United States shall promptly pay all
such principal and interest. It is further the sense of the
Congress that the President shall promptly enter into negotiations
with each such country to help effectuate the payment of such
principal and interest, or to effectuate the transfer by such
country to the United States of goods, services, concessions, or
actions beneficial to the United States, in lieu of the payment of
such principal and interest."
RESTRICTIONS ON ASSISTANCE TO NATIONS WHOSE GOVERNMENT IS BASED
UPON COMMUNISM
Pub. L. 91-194, title I, Sec. 109, Feb. 9, 1970, 84 Stat. 8,
provided that:
"(a) No assistance shall be furnished to any nation, whose
government is based upon that theory of government known as
communism under the Foreign Assistance Act of 1961, as amended
[this chapter], for any arms, ammunition, implements of war, atomic
energy materials, or any articles, materials, or supplies, such as
petroleum, transportation materials of strategic value, and items
of primary strategic significance used in the production of arms,
ammunition, and implements of war, contained on the list maintained
by the Administrator pursuant to title I of the Mutual Defense
Assistance Control Act of 1951, as amended [section 1611 et seq. of
this title].
"(b) No economic assistance shall be furnished to any nation
whose government is based upon that theory of government known as
communism under the Foreign Assistance Act of 1961, as amended
[this chapter] except section 214(b) [section 2174(b) of this
title], unless the President determines that the withholding of
such assistance would be contrary to the national interest and
reports such determination to the House of Representatives and the
Senate. Reports made pursuant to this subsection shall be published
in the Federal Register within seven days of submission to the
committees and shall contain a statement by the President of the
reasons for such determination."
Similar provisions were contained in the following prior acts:
Pub. L. 90-581, title I, Sec. 109, Oct. 17, 1968, 82 Stat. 1140.
Pub. L. 90-249, title I, Sec. 109, Jan. 2, 1968, 81 Stat. 939.
Pub. L. 89-691, title I, Sec. 109, Oct. 15, 1966, 80 Stat. 1020.
Pub. L. 89-273, title I, Sec. 109, Oct. 20, 1965, 79 Stat. 1004.
Pub. L. 88-634, title I, Sec. 109, Oct. 7, 1964, 78 Stat. 1018.
Pub. L. 88-272, title I, Sec. 109, Jan. 6, 1964, 77 Stat. 859.
Pub. L. 87-872, title I, Sec. 109, Oct. 23, 1962, 76 Stat. 1165.
RESTRICTIONS ON ASSISTANCE TO COUNTRIES SELLING, FURNISHING, OR
PERMITTING SHIPS TO CARRY CERTAIN ITEMS TO CUBA OR TO NORTH VIETNAM
Pub. L. 91-194, title I, Sec. 107, Feb. 9, 1970, 84 Stat. 8,
provided that:
"(a) No assistance shall be furnished under the Foreign
Assistance Act of 1961, as amended [this chapter], to any country
which sells, furnishes, or permits any ships under its registry to
carry to Cuba, so long as it is governed by the Castro regime, in
addition to those items contained on the list maintained by the
Administrator pursuant to title I of the Mutual Defense Assistance
Control Act of 1951, as amended [section 1611 et seq. of this
title], any arms, ammunition, implements of war, atomic energy
materials, or any other articles, materials, or supplies of primary
strategic significance used in the production of arms, ammunition,
and implements of war or of strategic significance to the conduct
of war, including petroleum products.
"(b) No economic assistance shall be furnished under the Foreign
Assistance Act of 1961, as amended [this chapter], to any country
which sells, furnishes, or permits any ships under its registry to
carry items of economic assistance to Cuba, so long as it is
governed by the Castro regime, or to North Vietnam."
Similar provisions were contained in the following prior acts:
Pub. L. 90-581, title I, Sec. 107, Oct. 17, 1968, 82 Stat. 1139.
Pub. L. 90-249, title I, Sec. 107, Jan. 2, 1968, 81 Stat. 938.
Pub. L. 89-691, title I, Sec. 107, Oct. 15, 1966, 80 Stat. 1020.
Pub. L. 89-273, title I, Sec. 107, Oct. 20, 1965, 79 Stat. 1004.
Pub. L. 88-634, title I, Sec. 107, Oct. 7, 1964, 78 Stat. 1018.
Pub. L. 88-258, title I, Sec. 107, Jan. 6, 1964, 77 Stat. 859.
Pub. L. 87-872, title I, Sec. 107, Oct. 23, 1962, 76 Stat. 1165.
RESTRICTIONS ON ASSISTANCE TO COUNTRIES SELLING, FURNISHING OR
PERMITTING SHIPS TO CARRY CERTAIN ITEMS TO NORTH VIETNAM
Pub. L. 91-194, title I, Sec. 116, Feb. 9, 1970, 84 Stat. 10,
forbid assistance under the Foreign Assistance Act of 1961, as
amended, to any country that sold, furnished or permitted any ships
under its registry to carry to North Vietnam certain enumerated
items unless the President determined that the withholding of such
assistance was contrary to the national interest of the United
States and reported such determination to Congress.
Similar provisions were contained in the following prior acts:
Pub. L. 90-581, title I, Sec. 116, Oct. 17, 1968, 82 Stat. 1141.
Pub. L. 90-249, title I, Sec. 116, Jan. 2, 1968, 81 Stat. 940.
Pub. L. 89-691, title I, Sec. 116, Oct. 15, 1966, 80 Stat. 1022.
Pub. L. 89-273, title I, Sec. 116, Oct. 20, 1965, 79 Stat. 1005.
INTERDICTION OF THE DELIVERY OF OFFENSIVE WEAPONS TO CUBA
For Presidential proclamation prohibiting the delivery of
offensive weapons to Cuba, see Proc. No. 3504, Oct. 23, 1962, 27
F.R. 10401, set out as a note preceding section 1 of the Appendix
to Title 50, War and National Defense.
-EXEC-
PROC. NO. 3447. EMBARGO ON TRADE WITH CUBA
Proc. No. 3447, Feb. 3, 1962, 27 F.R. 1085, provided:
WHEREAS the Eighth Meeting of Consultation of Ministers of
Foreign Affairs, Serving as Organ of Consultation in Application of
the Inter-American Treaty of Reciprocal Assistance, in its Final
Act resolved that the present Government of Cuba is incompatible
with the principles and objectives of the Inter-American system;
and, in light of the subversive offensive of Sino-Soviet Communism
with which the Government of Cuba is publicly aligned, urged the
member states to take those steps that they may consider
appropriate for their individual and collective self-defense;
WHEREAS the Congress of the United States, in section 620(a) of
the Foreign Assistance Act of 1961 (75 Stat. 445), as amended
[subsection (a) of this section], has authorized the President to
establish and maintain an embargo upon all trade between the United
States and Cuba; and
WHEREAS the United States, in accordance with its international
obligations, is prepared to take all necessary actions to promote
national and hemispheric security by isolating the present
Government of Cuba and thereby reducing the threat posed by its
alignment with the communist powers:
NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United
States of America, acting under the authority of section 620(a) of
the Foreign Assistance Act of 1961 (75 Stat. 445), as amended
[subsection (a) of this section], do
1. Hereby proclaim an embargo upon trade between the United
States and Cuba in accordance with paragraphs 2 and 3 of this
proclamation.
2. Hereby prohibit, effective 12:01 A.M., Eastern Standard Time,
February 7, 1962, the importation into the United States of all
goods of Cuban origin and all goods imported from or through Cuba;
and I hereby authorize and direct the Secretary of the Treasury to
carry out such prohibition, to make such exceptions thereto, by
license or otherwise, as he determines to be consistent with the
effective operation of the embargo hereby proclaimed, and to
promulgate such rules and regulations as may be necessary to
perform such functions.
3. AND FURTHER, I do hereby direct the Secretary of Commerce,
under the provisions of the Export Control Act of 1949, as amended
(50 U.S.C. App. 2021-2032), to continue to carry out the
prohibition of all exports from the United States to Cuba, and I
hereby authorize him, under that Act, to continue, make, modify or
revoke exceptions from such prohibition.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of the United States of America to be affixed.
DONE at the City of Washington this third day of February, in the
year of our Lord nineteen hundred and sixty-two, and of the
Independence of the United States of America the one hundred
and eighty-sixth.
[SEAL]
John F. Kennedy.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 283l, 2151v, 2152b, 2227,
2312, 2373, 2398, 2430c, 2431d, 4305, 6004, 6008, 6023, 6064 of
this title; title 28 section 1610; title 50 App. section 2304.
-FOOTNOTE-
(!1) So in original. The comma probably should be a period.
-End-
-CITE-
22 USC Sec. 2370a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2370a. Expropriation of United States property
-STATUTE-
(a) Prohibition
None of the funds made available to carry out this Act, the
Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or the
Arms Export Control Act [22 U.S.C. 2751 et seq.] may be provided to
a government or any agency or instrumentality thereof, if the
government of such country (other than a country described if (!1)
subsection (d) of this section) -
(1) has on or after January 1, 1956 -
(A) nationalized or expropriated the property of any United
States person,
(B) repudiated or nullified any contract with any United
States person, or
(C) taken any other action (such as the imposition of
discriminatory taxes or other exactions) which has the effect
of seizing ownership or control of the property of any United
States person, and
(2) has not, within the period specified in subsection (c) of
this section, either -
(A) returned the property,
(B) provided adequate and effective compensation for such
property in convertible foreign exchange or other mutually
acceptable compensation equivalent to the full value thereof,
as required by international law,
(C) offered a domestic procedure providing prompt, adequate
and effective compensation in accordance with international
law, or
(D) submitted the dispute to arbitration under the rules of
the Convention for the Settlement of Investment Disputes or
other mutually agreeable binding international arbitration
procedure.
(b) Other actions
The President shall instruct the United States Executive
Directors of each multilateral development bank and international
financial institution to vote against any loan or other utilization
of the funds of such bank or institution for the benefit of any
country to which assistance is prohibited under subsection (a) of
this section, unless such assistance is directed specifically to
programs which serve the basic human needs of the citizens of that
country.
(c) Period for settlement of claims
The period of time described in subsection (a)(2) of this section
is the latest of the following -
(1) 3 years after the date on which a claim was filed,
(2) in the case of a country that has a totalitarian or
authoritarian government at the time of the action described in
subsection (a)(1) of this section, 3 years after the date of
installation of a democratically elected government, or
(3) 90 days after April 30, 1994.
(d) Excepted countries and territories
This section shall not apply to any country established by
international mandate through the United Nations or to any
territory recognized by the United States Government to be in
dispute.
(e) Resumption of assistance
A prohibition or termination of assistance under subsection (a)
of this section and an instruction to vote against loans under
subsection (b) of this section shall cease to be effective when the
President certifies in writing to the Speaker of the House of
Representatives and to the Committee on Foreign Relations of the
Senate that such government has taken one of the steps described in
subsection (a)(2) of this section.
(f) Reporting requirement
Not later than 90 days after April 30, 1994, and at the beginning
of each fiscal year thereafter, the Secretary of State shall
transmit to the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate, a report containing
the following:
(1) A list of every country in which the United States
Government is aware that a United States person has an
outstanding expropriation claim.
(2) The total number of such outstanding expropriation claims
made by United States persons against each such country.
(3) The period of time in which each such claim has been
outstanding.
(4) The status of each case and efforts made by the United
States Government and the government of the country in which such
claim has been made, to take one or more of the steps described
in subsection (a)(2) of this section.
(5) Each project a United States Executive Director voted
against as a result of the action described in subsection (b) of
this section.
(g) Waiver
The President may waive the prohibitions in subsections (a) and
(b) of this section for a country, on an annual basis, if the
President determines and so notifies Congress that it is in the
national interest to do so.
(h) "United States person" defined
For the purpose of this section, the term "United States person"
means a United States citizen or corporation, partnership, or
association at least 50 percent beneficially owned by United States
citizens.
-SOURCE-
(Pub. L. 103-236, title V, Sec. 527, Apr. 30, 1994, 108 Stat. 475.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 103-236, Apr.
30, 1994, 108 Stat. 382, known as the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995. For complete
classification of this Act to the Code, see Short Title of 1994
Amendment note set out under section 2651 of this title and Tables.
The Foreign Assistance Act of 1961, as amended, referred to in
subsec. (a), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, which is classified principally to this chapter (Sec. 2151
et seq.). For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and
Tables.
The Arms Export Control Act, referred to in subsec. (a), is Pub.
L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
classified principally to chapter 39 (Sec. 2751 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2751 of this title and
Tables.
-COD-
CODIFICATION
Section was enacted as part of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, and not as part of
the Foreign Assistance Act of 1961 which comprises this chapter.
-EXEC-
DELEGATION OF RESPONSIBILITIES UNDER FOREIGN RELATIONS
AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995
Memorandum of President of the United States, July 26, 1994, 59
F.R. 40205, provided:
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and laws of the
United States of America, including section 301 of title 3 of the
United States Code, I hereby delegate to the Secretary of State the
functions vested in the President by the following provisions of
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236) (the "Act"): sections 102(g) [22 U.S.C. 287e
note], 161(c) [22 U.S.C. 2651a note], 401(b) [108 Stat. 446],
407(a) [22 U.S.C. 287b note], 409 [22 U.S.C. 287e note], 431(b)
[108 Stat. 459], 514(b) [22 U.S.C. 1928 note], 523 [108 Stat. 473],
527(e) and (g) [22 U.S.C. 2370a(e), (g)], 528 [108 Stat. 477],
532(a) [108 Stat. 480], 574 [22 U.S.C. 2656 note], 583(b)(1) and
(b)(6) [108 Stat. 489, 490], 733 [22 U.S.C. 2779a] and 735(d) [22
U.S.C. 2797b-1].
The functions under section 407(a) of the Act [22 U.S.C. 287b
note] shall be exercised in coordination with the Secretary of
Defense.
The functions under section 527(e) and (g) of the Act [22 U.S.C.
2370a(e), (g)] shall be exercised in consultation with the
Secretary of the Treasury and the heads of other departments and
agencies, as appropriate.
Any reference in this memorandum to any act, order,
determination, or delegation of authority shall be deemed to be a
reference to such act, order, determination, or delegation of
authority as amended from time to time.
The functions delegated by this memorandum may be redelegated
within the Department of State.
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.
Memorandum of President of the United States, Jan. 4, 1995, 60
F.R. 3335, provided:
Memorandum for the Secretary of the Treasury
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 301
of title 3, United States Code, I hereby delegate to the Secretary
of the Treasury the functions under section 527(b) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236) [22 U.S.C. 2370a(b)].
Any reference in this memorandum to any Act, order,
determination, or delegation of authority shall be deemed to be a
reference to such Act, order, determination, or delegation of
authority as amended.
The functions delegated by this memorandum may be redelegated
within the Department of the Treasury.
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.
-FOOTNOTE-
(!1) So in original. Probably should be "in".
-End-
-CITE-
22 USC Sec. 2371 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2371. Prohibition on assistance to governments supporting
international terrorism
-STATUTE-
(a) Prohibition
The United States shall not provide any assistance under this
chapter, the Agricultural Trade Development and Assistance Act of
1954 [7 U.S.C. 1691 et seq.], the Peace Corps Act [22 U.S.C. 2501
et seq.], or the Export-Import Bank Act of 1945 [12 U.S.C. 635 et
seq.] to any country if the Secretary of State determines that the
government of that country has repeatedly provided support for acts
of international terrorism.
(b) Publication of determinations
Each determination of the Secretary of State under subsection (a)
of this section, including each determination in effect on December
12, 1989, shall be published in the Federal Register.
(c) Rescission
A determination made by the Secretary of State under subsection
(a) of this section may not be rescinded unless the President
submits to the Speaker of the House of Representatives and the
chairman of the Committee on Foreign Relations of the Senate -
(1) before the proposed rescission would take effect, a report
certifying that -
(A) there has been a fundamental change in the leadership and
policies of the government of the country concerned;
(B) that government is not supporting acts of international
terrorism; and
(C) that government has provided assurances that it will not
support acts of international terrorism in the future; or
(2) at least 45 days before the proposed rescission would take
effect, a report justifying the rescission and certifying that -
(A) the government concerned has not provided any support for
international terrorism during the preceding 6-month period;
and
(B) the government concerned has provided assurances that it
will not support acts of international terrorism in the future.
(d) Waiver
Assistance prohibited by subsection (a) of this section may be
provided to a country described in that subsection if -
(1) the President determines that national security interests
or humanitarian reasons justify a waiver of subsection (a) of
this section, except that humanitarian reasons may not be used to
justify assistance under subchapter II of this chapter (including
part IV, part VI, and part VIII), or the Export-Import Bank Act
of 1945 [12 U.S.C. 635 et seq.]; and
(2) at least 15 days before the waiver takes effect, the
President consults with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate regarding the proposed waiver and submits a report
to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate containing -
(A) the name of the recipient country;
(B) a description of the national security interests or
humanitarian reasons which require the waiver;
(C) the type and amount of and the justification for the
assistance to be provided pursuant to the waiver; and
(D) the period of time during which such waiver will be
effective.
The waiver authority granted in this subsection may not be used to
provide any assistance under this chapter which is also prohibited
by section 2780 of this title.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 620A, as added Pub. L. 94-329, title
III, Sec. 303, June 30, 1976, 90 Stat. 753; amended Pub. L. 99-83,
title V, Sec. 503(a), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99-190,
Sec. 101(i) [title V, Sec. 521], Dec. 19, 1985, 99 Stat. 1291,
1305; Pub. L. 101-222, Sec. 5, Dec. 12, 1989, 103 Stat. 1897.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (d), was in the
original "this Act" and "the Foreign Assistance Act of 1961",
respectively, meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424,
as amended. For complete classification of this Act to the Code,
see Short Title note set out under section 2151 of this title and
Tables.
The Agricultural Trade Development and Assistance Act of 1954,
referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat.
454, as amended, which is classified principally to chapter 41
(Sec. 1691 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set
out under section 1691 of Title 7 and Tables.
The Peace Corps Act, referred to in subsec. (a), is Pub. L.
87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is
classified principally to chapter 34 (Sec. 2501 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2501 of this title and
Tables.
The Export-Import Bank Act of 1945, referred to in subsecs. (a)
and (d)(1), is act July 31, 1945, ch. 341, 59 Stat. 526, as
amended, which is classified generally to chapter 6A (Sec. 635 et
seq.) of Title 12, Banks and Banking. For complete classification
of this Act to the Code, see Short Title note set out under section
635 of Title 12 and Tables.
-MISC1-
AMENDMENTS
1989 - Pub. L. 101-222 amended section generally, in subsec. (a)
substituting provisions prohibiting assistance if Secretary of
State determines country has repeatedly supported terrorism, for
provisions prohibiting assistance if President determines country
grants sanctuary to terrorists or otherwise supports terrorism;
redesignating subsec. (b) as (d) and inserting provisions
prohibiting justification of waiver of assistance under specified
Acts and provisions describing contents of report on proposed
waiver; adding subsecs. (b) and (c); and striking out subsec. (c)
which related to imposition of sanction by other countries.
1985 - Subsec. (a). Pub. L. 99-190 inserted reference to the
Export-Import Bank Act of 1945.
Pub. L. 99-83 amended subsec. (a) generally, substituting
provisions relating to covered programs and Presidential
determinations respecting termination of assistance, for provisions
relating to termination of assistance to countries granting
sanctuary to international terrorists and period of ineligibility.
Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally,
substituting provisions relating to waiver of application of
subsec. (a), for provisions relating to reports respecting
continuation of assistance to any country falling within provisions
of former subsec. (a) of this section.
Subsec. (c). Pub. L. 99-83, in amending section generally, added
subsec. (c).
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC2-
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC3-
SELF-DEFENSE IN ACCORDANCE WITH INTERNATIONAL LAW
Section 10 of Pub. L. 101-222 provided that: "The use by any
government of armed force in the exercise of individual or
collective self-defense in accordance with applicable international
agreements and customary international law shall not be considered
an act of international terrorism for purposes of the amendments
made by this Act [see Short Title of 1989 Amendment note, set out
under section 2151 of this title]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 262p-4q, 2152c, 2349aa,
2349aa-10, 2349bb-1, 2349bb-4, 2377, 2378, 2398, 2753, 7205, 7533
of this title; title 8 section 1735; title 18 section 175b; title
28 section 1605.
-End-
-CITE-
22 USC Sec. 2372 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2372. Repealed. Pub. L. 97-113, title VII, Sec. 725(a), Dec.
29, 1981, 95 Stat. 1553
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 620B, as added Pub. L.
95-92, Sec. 11, Aug. 4, 1977, 91 Stat. 619; amended Pub. L. 95-384,
Sec. 12(c)(1), Sept. 26, 1978, 92 Stat. 737, prohibited assistance
and sales to Argentina.
-End-
-CITE-
22 USC Sec. 2372a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2372a. Renewal, reissuance, etc., of export licenses to or for
Argentina
-STATUTE-
Any export license referred to in section 2372 (!1) of this title
which is issued initially on or before September 30, 1978 may from
time to time thereafter be renewed, reissued or modified (or in the
event of lapse of such license, replacement licenses may be
issued), provided that any such renewal, reissuance or modification
(or any such replacement license) does not change significantly any
such license as initially issued.
-SOURCE-
(Pub. L. 95-240, title II, Sec. 210, Mar. 7, 1978, 92 Stat. 118.)
-REFTEXT-
REFERENCES IN TEXT
Section 2372 of this title, referred to in text, was in the
original "Section 11 of Public Law 95-92", meaning section 11 of
Pub. L. 95-92, Aug. 4, 1977, 91 Stat. 619, which added section 620B
of Pub. L. 87-195. Section 620B of Pub. L. 87-195 was classified to
section 2372 of this title and was repealed by Pub. L. 97-113,
title VII, Sec. 725(a), Dec. 29, 1981, 95 Stat. 1553.
-COD-
CODIFICATION
Section was enacted as part of the Supplemental Appropriations
Act, 1978, and not as part of the Foreign Assistance Act of 1961
which comprises this chapter.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
22 USC Sec. 2373 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2373. Eastern Mediterranean policy requirements
-STATUTE-
(a) Congressional declaration and statement of findings
The Congress declares that the achievement of a just and lasting
Cyprus settlement is and will remain a central objective of United
States foreign policy. The Congress further declares that any
action of the United States with respect to section 2370(x) (!1) of
this title shall not signify a lessening of the United States
commitment to a just solution to the conflict on Cyprus but is
authorized in the expectation that this action will be conducive to
achievement of a Cyprus solution and a general improvement in
relations among Greece, Turkey, and Cyprus and between those
countries and the United States. The Congress finds that -
(1) a just settlement on Cyprus must involve the establishment
of a free and independent government on Cyprus and must guarantee
that the human rights of all of the people of Cyprus are fully
protected;
(2) a just settlement on Cyprus must include the withdrawal of
Turkish military forces from Cyprus;
(3) the guidelines for inter-communal talks agreed to in
Nicosia in February 1977 and the United Nations resolutions
regarding Cyprus provide a sound basis for negotiation of a just
settlement on Cyprus;
(4) serious negotiations, under United Nations auspices, will
be necessary to achieve agreement on, and implementation of,
constitutional and territorial terms within such guidelines; and
(5) the recent proposals by both Cypriot communities regarding
the return of the refugees to the city of New Famagusta (Varosha)
constitute a positive step and the United States should actively
support the efforts of the Secretary General of the United
Nations with respect to this issue.
(b) Governing principles
United States policy regarding Cyprus, Greece, and Turkey shall
be directed toward the restoration of a stable and peaceful
atmosphere in the Eastern Mediterranean region and shall therefore
be governed by the following principles:
(1) The United States shall actively support the resolution of
differences through negotiations and internationally established
peaceful procedures, shall encourage all parties to avoid
provocative actions, and shall strongly oppose any attempt to
resolve disputes through force or threat of force.
(2) The United States will accord full support and high
priority to efforts, particularly those of the United Nations, to
bring about a prompt, peaceful settlement on Cyprus.
(3) All defense articles furnished by the United States to
countries in the Eastern Mediterranean region will be used only
in accordance with the requirements of this chapter, the Arms
Export Control Act [22 U.S.C. 2751 et seq.], and the agreements
under which those defense articles were furnished.
(4) The United States will furnish security assistance for
Greece and Turkey only when furnishing that assistance is
intended solely for defensive purposes, including when necessary
to enable the recipient country to fulfill its responsibilities
as a member of the North Atlantic Treaty Organization, and shall
be designed to ensure that the present balance of military
strength among countries of the region, including between Greece
and Turkey, is preserved. Nothing in this paragraph shall be
construed to prohibit the transfer of defense articles to Greece
or Turkey for legitimate self defense or to enable Greece or
Turkey to fulfill their North Atlantic Treaty Organization
obligations.
(5) The United States shall use its influence to ensure the
continuation of the ceasefire on Cyprus until an equitable
negotiated settlement is reached.
(6) The United States shall use its influence to achieve the
withdrawal of Turkish military forces from Cyprus in the context
of a solution to the Cyprus problem.
(c) Review of policy; report to Congress
Because progress toward a Cyprus settlement is a high priority of
United States policy in the Eastern Mediterranean, the President
and the Congress shall continually review that progress and shall
determine United States policy in the region accordingly. To
facilitate such a review the President shall, within 60 days after
the date of enactment of this section and at the end of each
succeeding 60-day period, transmit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report on progress made toward the
conclusion of a negotiated solution of the Cyprus problem. Such
transmissions shall include any relevant reports prepared by the
Secretary General of the United Nations for the Security Council.
(d) Certification by President to Congress of assistance to Greece
and Turkey
In order to ensure that United States assistance is furnished
consistent with the policies established in this section, the
President shall, whenever requesting any funds for security
assistance under this chapter or the Arms Export Control Act [22
U.S.C. 2751 et seq.] for Greece and Turkey, transmit to the Speaker
of the House of Representatives and the chairman of the Committee
on Foreign Relations of the Senate his certification, with a full
explanation thereof, that the furnishing of such assistance will be
consistent with the principles set forth in subsection (b). The
President shall also submit such a certification with any
notification to the Congress, pursuant to section 36(b) of the Arms
Export Control Act [22 U.S.C. 2776(b)], of a proposed sale of
defense articles or services to Greece or Turkey.
(e) Arms sales agreements to prohibit transfer to Cyprus
(1) Any agreement for the sale or provision of any article on the
United States Munitions List (established pursuant to section 38 of
the Arms Export Control Act [22 U.S.C. 2778]) entered into by the
United States after December 22, 1987, shall expressly state that
the article is being provided by the United States only with the
understanding that it will not be transferred to Cyprus or
otherwise used to further the severance or division of Cyprus.
(2) The President shall report to Congress any substantial
evidence that equipment provided under any such agreement has been
used in a manner inconsistent with the purposes of this subsection.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 620C, as added Pub. L. 95-384, Sec.
13(b), Sept. 26, 1978, 92 Stat. 737; amended Pub. L. 100-202, Sec.
101(e) [title V, Sec. 562], Dec. 22, 1987, 101 Stat. 1329-131,
1329-171.)
-REFTEXT-
REFERENCES IN TEXT
Section 2370(x) of this title, referred to in subsec. (a), was
omitted. See Codification note set out under section 2370 of this
title.
This chapter, referred to in subsecs. (b)(3) and (d), was in the
original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsecs. (b)(3) and
(d), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended,
which is classified principally to chapter 39 (Sec. 2751 et seq.)
of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 2751 of this title and
Tables.
-MISC1-
PRIOR PROVISIONS
Provisions similar to those in subsec. (e) of this section were
contained in the following appropriation acts:
Pub. L. 102-391, title V, Sec. 557, Oct. 6, 1992, 106 Stat. 1676.
Pub. L. 101-513, title V, Sec. 560, Nov. 5, 1990, 104 Stat. 2026.
Pub. L. 101-167, title V, Sec. 570, Nov. 21, 1989, 103 Stat.
1245.
Pub. L. 100-461, title V, Sec. 579, Oct. 1, 1988, 102 Stat.
2268-48.
AMENDMENTS
1987 - Subsec. (e). Pub. L. 100-202 added subsec. (e).
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC2-
SPECIAL AMBASSADORIAL COMMISSION FOR CYPRUS AND THE AEGEAN
Section 101(e) [title V, Sec. 586] of Pub. L. 100-202 provided
that:
"(a) Findings. - The Congress finds that -
"(1) the inability to achieve a just and lasting Cyprus
settlement will continue to affect relations among the United
States and its close NATO allies, Greece and Turkey, to the
detriment of larger, mutually shared, security interests in the
Eastern Mediterranean region;
"(2) it is of paramount importance that Cyprus, Greece, and
Turkey resolve their differences through negotiations and
otherwise peaceful procedures, and that the United States should
support the resolution of these differences through all the
diplomatic means at its disposal;
"(3) it is in the national interest of the United States that
the President make a significant new diplomatic demarche towards
bringing this dispute to a resolution; and
"(4) it is also in the national interest of the United States
to undertake a diplomatic initiative to promote the peaceful and
equitable resolution of differences between Greece and Turkey in
the Aegean by fostering a renewed and sustained bilateral
dialogue between those countries on such issues as: the
delineation of the continental shelf, the definition of the
territorial seas, air traffic control over the Aegean, NATO
command and control arrangements in the Aegean, and the status of
Lemnos and NATO exercises in the Aegean.
"(b) Appointment of Special Ambassador. - The President is
authorized to appoint a special ambassadorial level envoy who shall
be responsible for representing the United States in direct
negotiations with the parties to the Cyprus dispute, for
representing the United States in negotiations through
international intermediaries and, generally, lending the good
offices of the United States to the parties in this dispute in
order to facilitate a peaceful settlement on Cyprus. As agreed to
by Greece and Turkey, the special envoy shall also represent the
United States in promoting mutual discussions between those
countries concerning their differences on Aegean issues. The
special ambassador appointed under this section shall have
available the services of two deputies (one to specialize on the
Cyprus question, the other on general Aegean issues) and such
senior level Department of State personnel as may be required by
the special ambassador in order to carry out his responsibilities.
"(c) Report. - Not later than June 1, 1988, the President shall
submit a report to the Congress describing in detail the activities
being undertaken by the special ambassador, the progress being made
toward achievement of a peaceful resolution of the Cyprus dispute,
an assessment of the obstacles to achievement of such a resolution
and of the future role of the United States in acheiving [sic] a
settlement on Cyprus, and an assessment of the progress being made
toward resolution of issues affecting the Aegean region.
"(d) Funding. - Up to $500,000 of the funds appropriated under
any heading of this Act [Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1988, as enacted by section
101(e) of Pub. L. 101-202] which are allocated for Greece and up to
$500,000 of the funds appropriated under any heading of this Act
which are allocated for Turkey, may be used by the Department of
State for any administrative costs associated with the activities
of the special ambassador and supporting personnel, including
transportation, salaries and per diem."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2321j, 2799b of this
title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
22 USC Sec. 2374 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2374. Prohibition on assistance to Afghanistan
-STATUTE-
(a) Prohibition; conditions for resumption of assistance
None of the funds authorized to be appropriated under this
chapter may be used to furnish assistance to Afghanistan nor may
funds authorized to be appropriated under this chapter before
October 1, 1979, be expended for assistance to Afghanistan until
the President certifies to the Congress that -
(1) the Government of Afghanistan has apologized officially and
assumes responsibility for the death of Ambassador Adolph Dubs;
and
(2) the Government of Afghanistan agrees to provide adequate
protection for all personnel of the United States Government in
Afghanistan.
(b) Substantially changed circumstances
The provisions of subsection (a) of this section shall not apply
if the President determines that such assistance is in the national
interest of the United States because of substantially changed
circumstances in Afghanistan.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 620D, as added Pub. L. 96-53, title
V, Sec. 505, Aug. 14, 1979, 93 Stat. 378.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-MISC1-
EFFECTIVE DATE
Section effective Oct. 1, 1979, see section 512(a) of Pub. L.
96-53, set out as an Effective Date of 1979 Amendment note under
section 2151 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC2-
RELIEF FOR AFGHAN WOMEN AND CHILDREN
Pub. L. 107-81, Dec. 12, 2001, 115 Stat. 811, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Afghan Women and Children Relief
Act of 2001'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) In Afghanistan, Taliban restrictions on women's
participation in society make it nearly impossible for women to
exercise their basic human rights. The Taliban restrictions on
Afghan women's freedom of expression, association, and movement
deny women full participation in society and, consequently, from
effectively securing basic access to work, education, and health
care.
"(2) Afghanistan has one of the highest infant (165 of 1000)
and child (257 of 1000) mortality rates in the world.
"(3) Only 5 percent of rural and 39 percent of urban Afghans
have access to safe drinking water.
"(4) It is estimated that 42 percent of all deaths in
Afghanistan are due to diarrheal diseases caused by contaminated
food and water.
"(5) Over one-third of Afghan children under 5 years of age
suffer from malnutrition, 85,000 of whom die annually.
"(6) Seventy percent of the health care system in Afghanistan
is dependent on foreign assistance.
"(7) As of May 1998, only 20 percent of hospital medical and
surgical beds dedicated to adults were available for women, and
thousands of Afghan women and girls are routinely denied health
care.
"(8) Women are forbidden to leave their homes without being
escorted by a male relative. This prevents many women from
seeking basic necessities like health care and food for their
children. Doctors, virtually all of whom are male, are also not
permitted to provide certain types of care not deemed appropriate
by the Taliban.
"(9) Before the Taliban took control of Kabul, schools were
coeducational, with women accounting for 70 percent of the
teaching force. Women represented about 50 percent of the civil
service corps, and 40 percent of the city's physicians were
women. Today, the Taliban prohibits women from working as
teachers, doctors, and in any other occupation.
"(10) The Taliban prohibit [sic] girls and women from attending
school. In 1998, the Taliban ordered the closing of more than 100
privately funded schools where thousands of young women and girls
were receiving education and training in skills that would have
helped them support themselves and their families.
"(11) Of the many tens of thousands of war widows in
Afghanistan, many are forced to beg for food and to sell their
possessions because they are not allowed to work.
"(12) Resistance movements courageously continue to educate
Afghan girls in secrecy and in foreign countries against Taliban
law.
"SEC. 3. AUTHORIZATION OF ASSISTANCE.
"(a) In General. - Subject to subsection (b), the President is
authorized, on such terms and conditions as the President may
determine, to provide educational and health care assistance for
the women and children living in Afghanistan and as refugees in
neighboring countries.
"(b) Implementation. - (1) In providing assistance under
subsection (a), the President shall ensure that such assistance is
provided in a manner that protects and promotes the human rights of
all people in Afghanistan, utilizing indigenous institutions and
nongovernmental organizations, especially women's organizations, to
the extent possible.
"(2) Beginning 6 months after the date of enactment of this Act
[Dec. 12, 2001], and at least annually for the 2 years thereafter,
the Secretary of State shall submit a report to the Committee on
Appropriations and the Committee on Foreign Relations of the Senate
and the Committee on Appropriations and the Committee on
International Relations of the House of Representatives describing
the activities carried out under this Act and otherwise describing
the condition and status of women and children in Afghanistan and
the persons in refugee camps while United States aid is given to
displaced Afghans.
"(c) Availability of Funds. - Funds made available under the 2001
Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public Law
107-38) [115 Stat. 220], shall be available to carry out this Act."
HUMANITARIAN ASSISTANCE
Pub. L. 99-83, title IX, Sec. 904, Aug. 8, 1985, 99 Stat. 268,
provided that:
"(a) Authorization. - The President may make available funds
authorized to be appropriated to carry out chapter 4 of part II of
the Foreign Assistance Act of 1961 [part IV of subchapter II of
this chapter] (relating to the economic support fund) for the
provision of food, medicine, or other humanitarian assistance to
the Afghan people, notwithstanding any other provision of law.
"(b) Earmarking of Funds. - Each fiscal year, not less than
$15,000,000 of the aggregate amount of funds available to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961 shall be
available only for humanitarian assistance to the Afghan people
pursuant to subsection (a) of this section.
"(c) Effective Dates. - This section shall take effect on the
date of enactment of this Act [Aug. 8, 1985], except that
subsection (b) shall not apply to fiscal year 1985."
-EXEC-
ASSISTANCE TO AND TRADE WITH AFGHANISTAN
Determination of President of the United States, No. 93-3, Oct.
7, 1992, 57 F.R. 47557, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by section 620D(b) of the
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2374(b)), I
hereby determine that furnishing assistance to Afghanistan with
funds authorized to be appropriated under that Act is in the
national interest of the United States because of substantially
changed circumstances in Afghanistan.
By virtue of the authority vested in me by section 2(b)(2)(C) of
the Export-Import Bank Act of 1945, as amended (12 U.S.C.
635(b)(2)(C)), I hereby determine that Afghanistan has ceased to be
a Marxist-Leninist country within the definition of such term in
subparagraph (B)(i) of section 2(b)(2) of that Act (12 U.S.C.
635(b)(2)(B)(i)).
In accordance with section 118(c)(1) of Public Law 99-190 (99
Stat. 1319), I hereby provide notice of my intention to restore
nondiscriminatory trade treatment to the products of Afghanistan no
sooner than 30 days following receipt by the Congress of this
memorandum.
Attached to this determination is a Statement of Justification
for these actions, setting forth, among other things, a description
of U.S. national interests in resuming assistance and normal trade
ties with Afghanistan. [Text of Statement of Justification appears
at 57 F.R. 47557.]
You are authorized and directed to report these actions to the
Congress and to publish this memorandum in the Federal Register.
George Bush.
-End-
-CITE-
22 USC Sec. 2375 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2375. Assistance to Pakistan
-STATUTE-
(a) Congressional policy, findings, and goals
The Congress recognizes that Soviet forces occupying Afghanistan
pose a security threat to Pakistan. The Congress also recognizes
that an independent and democratic Pakistan with continued friendly
ties with the United States is in the interest of both nations. The
Congress finds that United States assistance will help Pakistan
maintain its independence. Assistance to Pakistan is intended to
benefit the people of Pakistan by helping them meet the burdens
imposed by the presence of Soviet forces in Afghanistan and by
promoting economic development. In authorizing assistance to
Pakistan, it is the intent of Congress to promote the expeditious
restoration of full civil liberties and representative government
in Pakistan. The Congress further recognizes that it is in the
mutual interest of Pakistan and the United States to avoid the
profoundly destabilizing effects of the proliferation of nuclear
explosive devices or the capacity to manufacture or otherwise
acquire nuclear devices.
(b) Reaffirmation of 1959 bilateral agreement
The United States reaffirms the commitment made in its 1959
bilateral agreement with Pakistan relating to aggression from a
Communist or Communist-dominated state.
(c) Availability; defensive aspects of assistance
Security assistance for Pakistan shall be made available in order
to assist Pakistan in dealing with the threat to its security posed
by the Soviet presence in Afghanistan. The United States will take
appropriate steps to ensure that defense articles provided by the
United States to Pakistan are used for defensive purposes.
(d) Waiver of limitations respecting nuclear transfers
The President may waive the prohibitions of section 2799aa of
this title with respect to any grounds for the prohibition of
assistance under that section arising before the effective date of
part B of the Nuclear Proliferation Prevention Act of 1994 to
provide assistance to Pakistan if he determines that to do so is in
the national interest of the United States.
(e) Nuclear non-proliferation conditions on military assistance;
exception
(1) No military assistance shall be furnished to Pakistan and no
military equipment or technology shall be sold or transferred to
Pakistan, pursuant to the authorities contained in this chapter or
any other Act, unless the President shall have certified in writing
to the Speaker of the House of Representatives and the chairman of
the Committee on Foreign Relations of the Senate, during the fiscal
year in which military assistance is to be furnished or military
equipment or technology is to be sold or transferred, that Pakistan
does not possess a nuclear explosive device and that the proposed
United States military assistance program will reduce significantly
the risk that Pakistan will possess a nuclear explosive device.
(2) The prohibitions in this section do not apply to any
assistance or transfer provided for the purposes of:
(A) International narcotics control (including part VIII of
subchapter I of this chapter) or any provision of law available
for providing assistance for counternarcotics purposes.
(B) Facilitating military-to-military contact, training
(including part V of subchapter II of this chapter) and
humanitarian and civic assistance projects.
(C) Peacekeeping and other multilateral operations (including
part VI of subchapter II of this chapter relating to
peacekeeping) or any provision of law available for providing
assistance for peacekeeping purposes, except that lethal military
equipment provided under this subparagraph shall be provided on a
lease or loan basis only and shall be returned upon completion of
the operation for which it was provided.
(D) Antiterrorism assistance (including part VIII of subchapter
II of this chapter relating to antiterrorism assistance) or any
provision of law available for antiterrorism assistance purposes.
(3) The restrictions of this subsection shall continue to apply
to contracts for the delivery of F-16 aircraft to Pakistan.
(4) Notwithstanding the restrictions contained in this
subsection, military equipment, technology, or defense services,
other than F-16 aircraft, may be transferred to Pakistan pursuant
to contracts or cases entered into before October 1, 1990.
(f) Storage costs
The President may release the Government of Pakistan of its
contractual obligation to pay the United States Government for the
storage costs of items purchased prior to October 1, 1990, but not
delivered by the United States Government pursuant to subsection
(e) of this section and may reimburse the Government of Pakistan
for any such amount paid, on such terms and conditions as the
President may prescribe: Provided, That such payments have no
budgetary impact.
(g) Inapplicability of restrictions to previously owned items
Subsection (e) of this section does not apply to broken, worn or
unupgraded items or their equivalent which Pakistan paid for and
took possession of prior to October 1, 1990 and which the
Government of Pakistan sent to the United States for repair or
upgrade. Such equipment or its equivalent may be returned to the
Government of Pakistan: Provided, That the President determines and
so certifies to the appropriate congressional committees that such
equipment or equivalent neither constitutes nor has received any
significant qualitative upgrade since being transferred to the
United States and that its total value does not exceed $25,000,000.
(h) Ballistic missile sanctions not affected
Nothing contained herein shall affect sanctions for transfers of
missile equipment or technology required under section 2410b of
title 50, Appendix, or section 2797b of this title.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 620E, as added Pub. L. 97-113, title
VII, Sec. 736, Dec. 29, 1981, 95 Stat. 1561; amended Pub. L. 99-83,
title IX, Sec. 902, Aug. 8, 1985, 99 Stat. 267; Pub. L. 100-202,
Sec. 101(e) [title V, Sec. 557], Dec. 22, 1987, 101 Stat. 1329-131,
1329-170; Pub. L. 101-167, title V, Sec. 591, Nov. 21, 1989, 103
Stat. 1253; Pub. L. 101-513, title V, Sec. 574(a), Nov. 5, 1990,
104 Stat. 2042; Pub. L. 102-145, Sec. 118, as added Pub. L.
102-266, Sec. 102, Apr. 1, 1992, 106 Stat. 93; Pub. L. 102-391,
title V, Sec. 570(a), Oct. 6, 1992, 106 Stat. 1681; Pub. L. 103-87,
title V, Sec. 536(a), Sept. 30, 1993, 107 Stat. 955; Pub. L.
103-236, title VIII, Sec. 822(b)(2), Apr. 30, 1994, 108 Stat. 512;
Pub. L. 104-107, title V, Sec. 559(a), Feb. 12, 1996, 110 Stat.
743.)
-REFTEXT-
REFERENCES IN TEXT
For effective date of part B of the Nuclear Proliferation
Prevention Act of 1994, referred to in subsec. (d), as the date 60
days after Apr. 30, 1994, see section 831 of Pub. L. 103-236, set
out as an Effective Date note under section 6301 of this title.
This chapter, referred to in subsec. (e), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-COD-
CODIFICATION
Amendment by Pub. L. 102-145 is based on section 572(a) of H.R.
2621, One Hundred Second Congress, 1st Session, as passed by the
House of Representatives on June 19, 1991, which was enacted into
law by Pub. L. 102-145, Sec. 118, as added by Pub. L. 102-266, Sec.
102, Apr. 1, 1992, 106 Stat. 93. Section 118 of Pub. L. 102-145
provided that the authority and conditions provided in such section
572 shall be applicable to funds appropriated by Pub. L. 102-145
(and are hereby enacted) in lieu of the authority and conditions
provided in section 574 of Pub. L. 101-513. See 1990, 1991, and
1992 Amendment notes below.
-MISC1-
AMENDMENTS
1996 - Subsec. (e). Pub. L. 104-107, Sec. 559(a)(1), designated
existing provisions as par. (1), substituted "military assistance"
for "assistance" wherever appearing, and added par. (2).
Subsecs. (f) to (h). Pub. L. 104-107, Sec. 559(a)(2), added
subsecs. (f) to (h).
1994 - Subsec. (d). Pub. L. 103-236 amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "The
President may waive the prohibitions of section 2429 of this title
at any time during the period beginning on December 29, 1981, and
ending on September 30, 1994, to provide assistance to Pakistan
during that period if he determines that to do so is in the
national interest of the United States."
1993 - Subsec. (d). Pub. L. 103-87, which directed the
substitution of "September 30, 1994" for the date specified in
subsec. (d), was executed by substituting "September 30, 1994" for
"September 30, 1993". See 1992 Amendment note below.
1992 - Subsec. (d). Pub. L. 102-391, which directed the
substitution of "September 30, 1993" for the date specified in
subsec. (d), was executed by substituting "September 30, 1993" for
"April 1, 1993". See 1991 Amendment note below.
Pub. L. 102-266 added Pub. L. 102-145, Sec. 118. See 1991
Amendment note below.
1991 - Subsec. (d). Pub. L. 102-145, Sec. 118, as added by Pub.
L. 102-266, which directed the amendment of subsec. (d) by
substituting "April 1, 1993" for "April 1, 1991" in lieu of
amendment by Pub. L. 101-513, Sec. 574(a), was executed by
substituting "April 1, 1993" for "April 1, 1992" to reflect the
probable intent of Congress. See Codification note above and 1990
Amendment note below.
1990 - Subsec. (d). Pub. L. 101-513 substituted "April 1, 1992"
for "April 1, 1991".
1989 - Subsec. (d). Pub. L. 101-167 substituted "April 1, 1991"
for "April 1, 1990".
1987 - Subsec. (d). Pub. L. 100-202 substituted "April 1, 1990"
for "September 30, 1987".
1985 - Subsec. (e). Pub. L. 99-83 added subsec. (e).
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,
1994, see section 831 of Pub. L. 103-236, set out as an Effective
Date note under section 6301 of this title.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-EXEC-
NUCLEAR NON-PROLIFERATION CONDITIONS ON ASSISTANCE FOR PAKISTAN
Determination of the President of the United States, No. 90-15,
Mar. 28, 1990, 55 F.R. 17417, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section 620E(d)
of the Foreign Assistance Act of 1961, as amended ("the Act") (22
U.S.C. 2375(d)), I hereby determine, pursuant to section 620E(d) of
the Act, that provision of assistance to Pakistan under the Act [22
U.S.C. 2151 et seq.] through April 1, 1991, is in the national
interest of the United States, and therefore waive the prohibitions
of section 669 of the Act (22 U.S.C. 2429) with respect to that
period.
You are authorized and directed to transmit this determination,
together with the statement setting forth specific reasons
therefor, to the Congress immediately.
This determination shall be published in the Federal Register.
George Bush.
Prior determinations and certifications were contained in the
following:
Determination of the President of the United States, No. 90-1,
Oct. 5, 1989, 54 F.R. 43797.
Determination of the President of the United States, No. 89-7,
Nov. 18, 1988, 53 F.R. 49111.
Determination of the President of the United States, No. 88-5,
Jan. 15, 1988, 53 F.R. 3325.
Determination of the President of the United States, No. 88-4,
Dec. 17, 1987, 53 F.R. 773.
Determination of the President of the United States, No. 87-3,
Oct. 27, 1986, 51 F.R. 40301.
Determination of the President of the United States, No. 86-03,
Nov. 25, 1985, 50 F.R. 50273.
-MISC2-
WAIVER OF SANCTIONS
Sanctions contained in subsec. (e) waived in certain regards with
respect to India by Determination of President of the United
States, No. 2000-18, Mar. 16, 2000, 65 F.R. 16297, set out as a
note under section 2799aa-1 of this title.
Sanctions contained in subsec. (e) waived in certain regards by
Determination of President of the United States, No. 2000-4, Oct.
27, 1999, 64 F.R. 60649, set out as a note under section 2799aa-1
of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3281 of this title.
-End-
-CITE-
22 USC Sec. 2376 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2376. Nuclear non-proliferation policy in South Asia
-STATUTE-
(a) Findings
The Congress finds that -
(1) the proliferation of weapons of mass destruction remains
one of the most serious threats to international peace and
stability;
(2) South Asia, in particular, is an area where the threat of a
regional nuclear exchange remains high due to continued
Indo-Pakistani tensions over issues such as Kashmir;
(3) to date, United States efforts to halt proliferation in
South Asia have failed;
(4) although global disarmament is a desirable goal which
should be vigorously pursued, both regional and sub-regional
security arrangements can serve to decrease tensions and promote
non-proliferation in certain areas;
(5) thus far, there has been some success on a regional basis,
such as the South Pacific Nuclear Weapons Free Zone and the
Treaty of Tlatelolco in Latin America;
(6) in particular, in Latin America, the Treaty of Tlatelolco
has been signed by all the nuclear powers;
(7) a critical part of this treaty is Protocol II which
prohibits nuclear attacks by nuclear weapons states on
signatories to the treaty;
(8) in 1991, a proposal was made for a regional conference on
non-proliferation in South Asia which would include Pakistan,
India, the People's Republic of China, the Soviet Union, and the
United States; and
(9) thus far, Pakistan, China, Russia, and the United States
have expressed interest in attending such a conference, whereas
India has refused to attend.
(b) Policy
It is the sense of the Congress that the President should pursue
a policy which seeks a regional negotiated solution to the issue of
nuclear non-proliferation in South Asia at the earliest possible
time, including a protocol to be signed by all nuclear weapons
states, prohibiting nuclear attacks by nuclear weapons states on
countries in the region. Such a policy should have as its ultimate
goal concurrent accession by Pakistan and India to the Nuclear
Non-Proliferation Treaty, and should also include as needed a
phased approach to that goal through a series of agreements among
the parties on nuclear issues, such as the agreement reached by
Pakistan and India not to attack one another's nuclear facilities.
(c) Report on progress toward regional non-proliferation
Not later than April 1 of each year, the President shall submit a
report to the Committees on Appropriations, the Speaker of the
House of Representatives, and the chairman of the Committee on
Foreign Relations of the Senate, on nuclear proliferation in South
Asia, including efforts taken by the United States to achieve a
regional agreement on nuclear non-proliferation, and including a
comprehensive list of the obstacles to concluding such a regional
agreement.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 620F, as added Pub. L. 102-391,
title V, Sec. 585(a), Oct. 6, 1992, 106 Stat. 1688; amended Pub. L.
105-277, div. G, subdiv. B, title XXII, Sec. 2219(b), Oct. 21,
1998, 112 Stat. 2681-817.)
-MISC1-
AMENDMENTS
1998 - Subsec. (c). Pub. L. 105-277, which directed the
substitution of "Not later than April 1 of each year," for "Not
later than April 1, 1993 and every six months thereafter," was
executed by making the substitution for text which contained a
comma after "1993" to reflect the probable intent of Congress.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-EXEC-
DELEGATION OF AUTHORITY WITH RESPECT TO REPORTS TO CONGRESS
CONCERNING PROGRESS TOWARD NONPROLIFERATION IN SOUTH ASIA
Memorandum of President of the United States, Mar. 30, 1994, 59
F.R. 17229, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by the Constitution and
laws of the United States, including section 301 of title 3 of the
United States Code, I hereby delegate to the Secretary of State the
functions vested in the President by section 620F(c) of the Foreign
Assistance Act of 1961, as amended (22 U.S.C. 2376(c)).
Any report prepared pursuant to this delegation of authority
shall be coordinated with other agencies, as appropriate, and the
Assistant to the President for National Security Affairs, before
submission to the Congress.
The Secretary of State is authorized and directed to publish this
memorandum in the Federal Register.
William J. Clinton.
-End-
-CITE-
22 USC Sec. 2377 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2377. Prohibition on assistance to countries that aid
terrorist states
-STATUTE-
(a) Withholding of assistance
The President shall withhold assistance under this chapter to the
government of any country that provides assistance to the
government of any other country for which the Secretary of State
has made a determination under section 2371 of this title.
(b) Waiver
Assistance prohibited by this section may be furnished to a
foreign government described in subsection (a) of this section if
the President determines that furnishing such assistance is
important to the national interests of the United States and, not
later than 15 days before obligating such assistance, furnishes a
report to the appropriate committees of Congress including -
(1) a statement of the determination;
(2) a detailed explanation of the assistance to be provided;
(3) the estimated dollar amount of the assistance; and
(4) an explanation of how the assistance furthers United States
national interests.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 620G, as added Pub. L. 104-132,
title III, Sec. 325, Apr. 24, 1996, 110 Stat. 1256.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-COD-
CODIFICATION
Another section 620G of Pub. L. 87-195 is classified to section
2378a of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC1-
CONGRESSIONAL FINDINGS
Section 324 of Pub. L. 104-132 provided that: "The Congress finds
that -
"(1) international terrorism is among the most serious
transnational threats faced by the United States and its allies,
far eclipsing the dangers posed by population growth or
pollution;
"(2) the President should continue to make efforts to counter
international terrorism a national security priority;
"(3) because the United Nations has been an inadequate forum
for the discussion of cooperative, multilateral responses to the
threat of international terrorism, the President should undertake
immediate efforts to develop effective multilateral responses to
international terrorism as a complement to national counter
terrorist efforts;
"(4) the President should use all necessary means, including
covert action and military force, to disrupt, dismantle, and
destroy international infrastructure used by international
terrorists, including overseas terrorist training facilities and
safe havens;
"(5) the Congress deplores decisions to ease, evade, or end
international sanctions on state sponsors of terrorism, including
the recent decision by the United Nations Sanctions Committee to
allow airline flights to and from Libya despite Libya's
noncompliance with United Nations resolutions; and
"(6) the President should continue to undertake efforts to
increase the international isolation of state sponsors of
international terrorism, including efforts to strengthen
international sanctions, and should oppose any future initiatives
to ease sanctions on Libya or other state sponsors of terrorism."
-CROSS-
"ASSISTANCE" DEFINED
Assistance defined for purposes of title III of Pub. L. 104-132,
see section 329 of Pub. L. 104-132, set out as a note under section
2349aa-10 of this title.
-End-
-CITE-
22 USC Sec. 2378 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2378. Prohibition on assistance to countries that provide
military equipment to terrorist states
-STATUTE-
(a) Prohibition
(1) In general
The President shall withhold assistance under this chapter to
the government of any country that provides lethal military
equipment to a country the government of which the Secretary of
State has determined is a terrorist government for the purposes
of section 2405(j) of title 50, Appendix, or 2371 of this title.
(2) Applicability
The prohibition under this section with respect to a foreign
government shall terminate 1 year after that government ceases to
provide lethal military equipment. This section applies with
respect to lethal military equipment provided under a contract
entered into after April 24, 1996.
(b) Waiver
Notwithstanding any other provision of law, assistance may be
furnished to a foreign government described in subsection (a) of
this section if the President determines that furnishing such
assistance is important to the national interests of the United
States and, not later than 15 days before obligating such
assistance, furnishes a report to the appropriate committees of
Congress including -
(1) a statement of the determination;
(2) a detailed explanation of the assistance to be provided;
(3) the estimated dollar amount of the assistance; and
(4) an explanation of how the assistance furthers United States
national interests.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 620H, as added Pub. L. 104-132,
title III, Sec. 326, Apr. 24, 1996, 110 Stat. 1256.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-COD-
CODIFICATION
April 24, 1966, referred to in subsec. (a)(2), was in the
original "the date of enactment of this Act", which was translated
as meaning the date of enactment of Pub. L. 104-132, which enacted
this section, to reflect the probable intent of Congress.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-CROSS-
"ASSISTANCE" DEFINED
Assistance defined for purposes of title III of Pub. L. 104-132,
see section 329 of Pub. L. 104-132, set out as a note under section
2349aa-10 of this title.
-End-
-CITE-
22 USC Sec. 2378-1 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2378-1. Prohibition on assistance to countries that restrict
United States humanitarian assistance
-STATUTE-
(a) In general
No assistance shall be furnished under this chapter or the Arms
Export Control Act [22 U.S.C. 2751 et seq.] to any country when it
is made known to the President that the government of such country
prohibits or otherwise restricts, directly or indirectly, the
transport or delivery of United States humanitarian assistance.
(b) Exception
Assistance may be furnished without regard to the restriction in
subsection (a) of this section if the President determines that to
do so is in the national security interest of the United States.
(c) Notice
Prior to making any determination under subsection (b) of this
section, the President shall notify the Committee on International
Relations, the Committee on Foreign Relations, and the Committees
on Appropriations of the Senate and House of Representatives of his
intention to make such a determination, the effective date of the
determination, and the reasons for making the determination.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 620I, as added Pub. L. 104-208, div.
A, title I, Sec. 101(c) [title V, Sec. 559], Sept. 30, 1996, 110
Stat. 3009-121, 3009-161.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsec. (a), is Pub.
L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
classified principally to chapter 39 (Sec. 2751 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2751 of this title and
Tables.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2378a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part I - General Provisions
-HEAD-
Sec. 2378a. Depleted uranium ammunition
-STATUTE-
(a) Prohibition
Except as provided in subsection (b) of this section, none of the
funds made available to carry out this chapter or any other Act may
be made available to facilitate in any way the sale of M-833
antitank shells or any comparable antitank shells containing a
depleted uranium penetrating component to any country other than -
(1) a country that is a member of the North Atlantic Treaty
Organization;
(2) a country that has been designated as a major non-NATO ally
(as defined in section 2403(q) of this title); or
(3) Taiwan.
(b) Exception
The prohibition contained in subsection (a) of this section shall
not apply with respect to the use of funds to facilitate the sale
of antitank shells to a country if the President determines that to
do so is in the national security interest of the United States.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 620G, as added Pub. L. 104-164,
title I, Sec. 149, July 21, 1996, 110 Stat. 1436.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-COD-
CODIFICATION
Another section 620G of Pub. L. 87-195 is classified to section
2377 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Part II - Administrative Provisions 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
PART II - ADMINISTRATIVE PROVISIONS
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in section 7516 of this title.
-End-
-CITE-
22 USC Sec. 2381 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2381. Exercise of functions
-STATUTE-
(a) Delegation by President; rules and regulations; utilization of
goods and services from private enterprise, and facilities and
resources of Federal agencies when not competitive with private
enterprise
The President may exercise any functions conferred upon him by
this chapter through such agency or officer of the United States
Government as he shall direct. The head of any such agency or such
officer may from time to time promulgate such rules and regulations
as may be necessary to carry out such functions, and may delegate
authority to perform any such functions, including, if he shall so
specify, the authority successively to redelegate any of such
functions to any of his subordinates. In providing technical
assistance under this chapter, the head of any such agency or such
officer shall utilize, to the fullest extent practicable, goods and
professional and other services from private enterprise on a
contract basis. In such fields as education, health, housing, or
agriculture, the facilities and resources of other Federal agencies
shall be utilized when such facilities are particularly or uniquely
suitable for technical assistance, are not competitive with private
enterprise, and can be made available without interfering unduly
with domestic programs.
(b) Eligibility of suppliers; debarment period; causes for
debarment; conditions for reinstatement; periodic review
The President shall issue and enforce regulations determining the
eligibility of any person to receive funds made available under
this chapter. A person may be suspended under such regulations for
a temporary period pending the completion of an investigation and
any resulting judicial or debarment proceedings, upon cause for
belief that such person or an affiliate thereof probably has
undertaken conduct which constitutes a cause for debarment; and,
after an opportunity has been afforded to such person for a
hearing, he may be debarred for an additional period, not to exceed
three years. Among the causes for debarment shall be (1) offering
or accepting a bribe or other illegal payment or credit in
connection with any transaction financed with funds made available
under this chapter; or (2) committing a fraud in the procurement or
performance of any contract financed with funds made available
under this chapter; or (3) acting in any other manner which shows a
lack of integrity or honesty in connection with any transaction
financed with funds made available under this chapter.
Reinstatement of eligibility in each particular case shall be
subject to such conditions as the President shall direct. Each
person whose eligibility is denied or suspended under this
subsection shall, upon request, be entitled to a review of his
eligibility not less often than once every two years.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 621, Sept. 4, 1961, 75 Stat. 445;
Pub. L. 87-565, pt. III, Sec. 302(a), Aug. 1, 1962, 76 Stat. 262;
Pub. L. 88-205, pt. III, Sec. 302(a), Dec. 16, 1963, 77 Stat. 388;
Pub. L. 90-554, pt. III, Sec. 302(a), Oct. 8, 1968, 82 Stat. 964.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-MISC1-
AMENDMENTS
1968 - Pub. L. 90-554 designated existing provisions as subsec.
(a) and added subsec. (b).
1963 - Pub. L. 88-205 provided that goods and professional and
other services from private enterprise should be utilized on a
contract basis, and that Federal agencies be utilized only when not
competitive with private enterprise and available without
interfering unduly with domestic programs.
1962 - Pub. L. 87-565 struck out designation "(a)" from
provisions of subsec. (a), and repealed subsecs. (b) to (e) which
related to the abolition of the Development Loan Fund,
International Cooperation Administration, and the Office of
Inspector General and Comptroller, the transfer of their functions,
and the transfer of the function of the Export-Import Bank under
section 1704(e) of title 7.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out below.
-MISC2-
AID OFFICE OF SECURITY
Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 587], Oct.
21, 1998, 112 Stat. 2681-150, 2681-204, as amended by Pub. L.
106-31, title V, Sec. 5002(b), May 21, 1999, 113 Stat. 109,
provided that:
"(a) Establishment of Office. - There shall be established within
the Office of the Administrator of the Agency for International
Development, an Office of Security. Such Office of Security shall,
notwithstanding any other provision of law except section 207 of
the Foreign Service Act of 1980 [22 U.S.C. 3927] and section 103 of
Public Law 99-339 [22 U.S.C. 4802], have the responsibility for the
supervision, direction, and control of all security activities
relating to the programs and operations of that Agency.
"(b) Transfer and Allocation of Appropriations and Personnel. -
There are transferred to the Office of Security all security
functions exercised by the Office of Inspector General of the
Agency for International Development exercised before the date of
enactment of this Act [Oct. 21, 1998]. The Administrator shall
transfer from the Office of the Inspector General of such Agency to
the Office of Security established by subsection (a), the personnel
(including the Senior Executive Service position designated for the
Assistant Inspector General for Security), assets, liabilities,
grants, contracts, property, records, and unexpended balances of
appropriations, and other funds held, used, available to, or to be
made available in connection with such functions. Unexpended
balances of appropriations, and other funds made available or to be
made available in connection with such functions, shall be
transferred to and merged with funds appropriated by this Act under
the heading 'Operating Expenses of the Agency for International
Development' [112 Stat. 2681-157].
"(c) Transfer of Employees. - Any employee in the career service
who is transferred pursuant to this section shall be placed in a
position in the Office of Security established by subsection (a)
which is comparable to the position the employee held in the Office
of the Inspector General of the Agency for International
Development."
AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET SUBMISSION
Pub. L. 106-429, Sec. 101(a) [title V, Sec. 576], Nov. 6, 2000,
114 Stat. 1900, 1900A-54, provided that: "The Agency for
International Development shall submit to the Committees on
Appropriations a detailed budget justification that is consistent
with the requirements of section 515 [114 Stat. 1900A-26], for each
fiscal year. The Agency shall submit to the Committees on
Appropriations a proposed budget justification format no later than
November 15, 2000, or 30 days after the enactment of this Act [Nov.
6, 2000], whichever occurs later. The proposed format shall include
how the Agency's budget justification will address: (1) estimated
levels of obligations for the current fiscal year and actual levels
for the 2 previous fiscal years; (2) the President's request for
new budget authority and estimated carryover obligational authority
for the budget year; (3) the disaggregation of budget data and
staff levels by program and activity for each bureau, field
mission, and central office; and (4) the need for a user-friendly,
transparent budget narrative."
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 581],
Nov. 29, 1999, 113 Stat. 1535, 1501A-116, provided that: "Beginning
with the fiscal year 2001 budget, the Agency for International
Development shall submit to the Committees on Appropriations a
detailed budget for each fiscal year. The Agency shall submit to
the Committees on Appropriations a proposed budget format no later
than October 31, 1999, or 30 days after the enactment of this Act
[Nov. 29, 1999], whichever occurs later. The proposed format shall
include how the Agency's budget submission will address: (1)
estimated levels of obligations for the current fiscal year and
actual levels for the two previous fiscal years; (2) the
President's request for new budget authority and estimated
carryover obligational authority for the budget year; (3) the
disaggregation of budget data by program and activity for each
bureau, field mission, and central office; and (4) staff levels
identified by program."
Pub. L. 102-391, title V, Sec. 599E, Oct. 6, 1992, 106 Stat.
1698, provided that: "The President shall include with each budget
for a fiscal year submitted to the Congress under section 1105 of
title 31, United States Code, materials that shall identify clearly
and separately the amounts requested in the budget for
appropriation for that fiscal year for salaries and expenses
related to administrative activities of the Agency for
International Development."
REORGANIZATION PLAN NO. 2 OF 1979
Reorganization Plan No. 2 of 1979, 44 F.R. 41165, 93 Stat. 1378,
which established the United States International Development
Cooperation Agency, was repealed by Pub. L. 105-277, div. G,
subdiv. A, title XIV, Secs. 1401, 1422(a)(1), Oct. 21, 1998, 112
Stat. 2681-790, 2681-792, effective Apr. 1, 1999.
-EXEC-
EXECUTIVE ORDER NO. 10973
Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended,
which related to the administration of foreign assistance and
related functions, was revoked by Ex. Ord. No. 12163, Sec.
1-903(a)(1), Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set
out below.
Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended, was
superseded insofar as any provision therein was in conflict with
any provision of Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969,
set out as a note under section 2191 of this title.
EX. ORD. NO. 12163. ADMINISTRATION OF FOREIGN ASSISTANCE AND
RELATED FUNCTIONS
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended by
Ex. Ord. No. 12226, July 22, 1980, 45 F.R. 49235; Ex. Ord. No.
12292, Feb. 23, 1981, 46 F.R. 13968; Ex. Ord. No. 12321, Sept. 14,
1981, 46 F.R. 46109; Ex. Ord. No. 12365, May 24, 1982, 47 F.R.
22933; Ex. Ord. No. 12423, May 26, 1983, 48 F.R. 24025; Ex. Ord.
No. 12458, Jan. 14, 1984, 49 F.R. 1977; Ex. Ord. No. 12500, Jan.
24, 1985, 50 F.R. 3733; Ex. Ord. No. 12560, May 24, 1986, 51 F.R.
19159; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord.
No. 12620, Dec. 24, 1987, 52 F.R. 49135; Ex. Ord. No. 12639, May 6,
1988, 53 F.R. 16691; Ex. Ord. No. 12680, July 5, 1989, 54 F.R.
28995; Ex. Ord. No. 12695, Nov. 1, 1989, 54 F.R. 46589; Ex. Ord.
No. 12738, Secs. 1-6, Dec. 14, 1990, 55 F.R. 52033; Ex. Ord. No.
13030, Sec. 1, Dec. 12, 1996, 61 F.R. 66187; Ex. Ord. No. 13091,
Sec. 2, June 29, 1998, 63 F.R. 36153; Pub. L. 105-277, div. G,
subdiv. A, title XIV, Sec. 1422(a)(2), Oct. 21, 1998, 112 Stat.
2681-792; Ex. Ord. No. 13118, Secs. 1-9, Mar. 31, 1999, 64 F.R.
16595-16598, provided:
By virtue of the authority vested in me by the Foreign Assistance
Act of 1961 [this chapter], Reorganization Plan No. 2 of 1979 [set
out above], the International Development Cooperation Act of 1979
[see Short Title of 1979 Amendment note set out under section 2151
of this title], and section 301 of title 3 of the United States
Code, and as President of the United States, it is hereby ordered
as follows:
-MISC3-
1-1. DEPARTMENT OF STATE
1-100. Delegation of Functions. (a) Exclusive of the functions
otherwise delegated, or reserved to the President, by this order,
Executive Order 12884 [22 U.S.C. 5812 note], Executive Order 11579
[22 U.S.C. 2191 note], and Executive Order 12757 [7 U.S.C. 1738
note], and subject to the provisions of such orders, there are
hereby delegated to the Secretary of State (referred to in this
Part as the "Secretary") all functions conferred upon the President
by:
(1) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
("Act");
(i) except that with respect to section 505(a) of the Act [22
U.S.C. 2314(a)], such functions only insofar as those functions
relate to other provisions which may be required by the
President or only insofar as they relate to consent;
(ii) except that with respect to section 505(b) of the Act,
such functions only insofar as those functions pertain to
countries that agree to the conditions set forth therein;
(2) section 1205(b) of the International Security and
Development Cooperation Act of 1985 ("ISDCA of 1985") [Pub. L.
99-83, 22 U.S.C. 2346 note];
(3) section 8(d) of the Act of January 12, 1971 (22 U.S.C.
2321b(d));
(4) section 607 of the International Security Assistance and
Arms Export Control Act of 1976 (22 U.S.C. 2394a);
(5) section 402(b)(2) of title 10, United States Code, which
shall be exercised in consultation with the Secretary of Defense;
(6) the third proviso under the heading "Development
Assistance" contained in title II of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1999
(as contained in Public Law 105-277) [112 Stat. 2681-153];
(7) section 572 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1989 (Public Law
100-461) [22 U.S.C. 2151v note];
(8) sections 508, 517 [22 U.S.C. 5814 note], 518, 528(a), 535
[50 U.S.C. 1701 note], 539 [50 U.S.C. 1701 note], 544, 561, 563,
572, 574, 575, 585, 594 [22 U.S.C. 2753 note] of the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1999 (as contained in Public Law 105-277) [112 Stat.
2681-150, 2681-171, 2681-174, 2681-176, 2681-178, 2681-181,
2681-182, 2681-185, 2681-191, 2681-193, 2681-198, 2681-199,
2681-203, 2681-215];
(9) section 523 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1999 (as contained in
Public Law 105-277) [112 Stat. 2681-177], which shall be
exercised in consultation with the Secretary of the Treasury;
(10) section 551 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1999 (as contained in
Public Law 105-277) [112 Stat. 2681-187];
(11) section 591 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1998 (Public Law
105-118) [111 Stat. 2439], and the provisions of law referenced
therein;
(12) section 821(b) of the Western Hemisphere Drug Elimination
Act (as contained in Public Law 105-277) [22 U.S.C. 2291 note].
(b) The functions under section 653 of the Act [22 U.S.C. 2413]
delegated to the Secretary shall be exercised in consultation with
the Secretary of Defense, insofar as they relate to functions under
the Act administered by the Department of Defense, and the Director
of the Office of Management and Budget.
(c) The functions under sections 239(f), 620(e), 620(g), 620(j),
620(q), and 620(s) of the Act [22 U.S.C. 2199(f), 2370(e), (g),
(j), (q), (s)] delegated to the Secretary shall be exercised in
consultation with the Administrator of the United States Agency for
International Development.
(d) The Secretary shall perform all public information functions
abroad with respect to the foreign assistance, aid, and development
programs of the United States Government, to the extent such
functions are not specifically assigned by statute to be performed
by a different officer.
(e) The Secretary may redelegate to any other officer or agency
of the Executive branch functions delegated to the Secretary by
this order to the extent such delegation is not otherwise
prohibited by law.
1-2. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
1-200. United States Agency for International Development.
(a) The United States Agency for International Development is an
independent establishment within the Executive branch. Any
reference in the Act to the agency primarily responsible for
administering part I of the Act [22 U.S.C. 2151 et seq.], or to the
Administrator of such agency, shall be deemed to be a reference to
the United States Agency for International Development or to the
Administrator of that agency, as appropriate.
(b) The United States Agency for International Development shall
be headed by an Administrator appointed pursuant to section 624(a)
of the Act [22 U.S.C. 2384(a)].
(c) The officers provided for in section 624(a) of the Act shall
serve in the United States Agency for International Development.
(d) The Office of Small Business provided for in section 602(b)
of the Act [22 U.S.C. 2352(b)] shall be in the United States Agency
for International Development.
(e) To the extent practicable, the Administrator of the United
States Agency for International Development will exercise functions
relating to Foreign Service personnel in a manner that will assure
maximum compatibility among agencies authorized by law to utilize
the Foreign Service personnel system. To this end, the
Administrator shall consult regularly with the Secretary of State.
1-3. DEPARTMENT OF DEFENSE
1-301. Delegation of Functions. Subject to the provisions of this
order, there are hereby delegated to the Secretary of Defense:
(a) The functions conferred upon the President by Part II [22
U.S.C. 2301 et seq.] (except chapters 4, 6 and 8 thereof) of the
Act [22 U.S.C. 2346 et seq., 2348 et seq., 2349aa et seq.] not
otherwise delegated or reserved to the President.
(b) To the extent that they relate to other functions under the
Act [this chapter] administered by the Department of Defense, the
functions conferred upon the President by sections 602(a), 605(a),
625(a), 625(d)(1), 625(h), 627, 628, 630(3), 631(a), 634(B), 635(b)
(except with respect to negotiation, conclusion, and termination of
international agreements), 635(d), 635(g), and 636(i) of the Act
[22 U.S.C. 2352(a), 2355(a), 2385(a), (d)(1), (h), 2387, 2388,
2390(3), 2391(a), 2394-1a, 2395(b), (d), (g), and 2396(i)].
(c) Those functions under section 634A of the Act [22 U.S.C.
2394-1], to the extent they relate to notifications to the Congress
concerning changes in programs under chapters 2 and 5 of part II of
the Act [22 U.S.C. 2311 et seq., 2347 et seq.] and under the Arms
Export Control Act, as amended [22 U.S.C. 2751 et seq.], subject to
prior consultation with the Secretary of State.
(d) The functions under sections 627, 628, and 630(3) of the Act
[22 U.S.C. 2387, 2388, and 2390(3)] delegated to the Secretary of
Defense shall be exercised in consultation with the Secretary of
State.
(e) the functions under section 655 of the Act [22 U.S.C. 2415]
insofar as they relate to defense articles, defense services, and
international military education and training furnished by grant or
sale by the Secretary of Defense, except to the extent otherwise
delegated.
(f) Those functions conferred upon the President under section
616 of the ISDCA of 1985 [Pub. L. 99-83, Aug. 8, 1985, 99 Stat.
232].
(g) The functions conferred upon the President under section 573
[22 U.S.C. 2321j note] and section 581(b)(2) of the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1990 (Public Law 101-167) [Nov. 21, 1989, 103 Stat. 1246,
1250].
(h) The functions conferred upon the President under section 3 of
the International Narcotics Control Act of 1989 (Public Law
101-231) [Dec. 13, 1989, 103 Stat. 1955], which shall be exercised
in consultation with the Secretary of State.
1-302. Reports and Information. In carrying out the functions
under section 514 of the Act [22 U.S.C. 2321h] delegated to him by
section 301 of this order, the Secretary of Defense shall consult
with the Secretary of State.
1-4. INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION
[Revoked by Ex. Ord. No. 13118, Sec. 4, Mar. 31, 1999, 64 F.R.
16596]
1-5. OTHER AGENCIES
1-501. Department of the Treasury. (a) There are delegated to the
Secretary of the Treasury the functions conferred upon the
President by:
(1) section 305 [22 U.S.C. 2225], insofar as it relates to the
International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Inter-American Development Bank, the Asian
Development Bank, the African Development Fund, and the
International Monetary Fund;
(2) the second sentence of section 612(a) of the Act [22 U.S.C.
2362(a)];
(3) section 502 of the Mutual Security Act of 1954 (22 U.S.C.
1754); and
(4) section 655(c) of the Act [former 22 U.S.C. 2415(c)].
(b) The Secretary of the Treasury shall continue to administer
any open special foreign country accounts established pursuant to
former section 514 of the Act as enacted by section 201(f) of
Public Law 92-226 (86 Stat. 25) and repealed by Section 12(b)(5) of
Public Law 93-189 (87 Stat. 722) [22 U.S.C. 2321g].
(c) The functions under section 305 of the Act [22 U.S.C. 2225]
delegated to the Secretary of the Treasury shall be exercised in
consultation with the Secretary of State.
1-502. Department of Commerce. There is hereby delegated to the
Secretary of Commerce so much of the functions conferred upon the
President by section 601(b)(1) of the Act [22 U.S.C. 2351(b)(1)] as
consists of drawing the attention of private enterprise to
opportunities for investment and development in less developed
friendly countries and areas.
1-503. Office of Personnel Management. There is hereby delegated
to the Director of the Office of Personnel Management the function
of prescribing regulations conferred upon the President by the
proviso contained in section 625(b) of the Act [22 U.S.C. 2385(b)].
[1-504. Revoked by Ex. Ord. No. 13118, Sec. 5(2), Mar. 31, 1999,
64 F.R. 16597.]
1-505. Trade and Development Agency. There is delegated to the
Director of the Trade and Development Agency the functions
conferred upon the President by section 661(d) of the Act [22
U.S.C. 2421(d)].
[1-506. Revoked by Ex. Ord. No. 13118, Sec. 5(4), Mar. 31, 1999,
64 F.R. 16597.]
1-6. ADDITIONAL DELEGATIONS AND LIMITATIONS OF AUTHORITY;
CONSULTATION
1-601. General Delegation of Functions. There are hereby
delegated to the heads of agencies having responsibilities for
carrying out the provisions of the Act [this chapter] all functions
conferred upon the President by:
(a) section 654 [22 U.S.C. 2414] (except as reserved to the
President); and
(b) those provisions of acts appropriating funds under the
authority of the Act [this chapter] that relate to the Act, or
other acts authorizing such funds, insofar as they relate to the
functions delegated by this order.
1-602. Personnel. (a) In carrying out the functions conferred
upon the President by the provisions of section 625(d) of the Act
[22 U.S.C. 2385(d)], and by this order delegated to the Secretary
of State, the Secretary shall authorize such of the agencies that
administer programs under the Act [this chapter] as he may deem
appropriate to perform any of the functions under section 625(d) of
the Act to the extent that the said functions relate to the
programs administered by the respective agencies.
(b) Persons appointed, employed, or assigned after May 19, 1959,
under section 527(c) of the Mutual Security Act of 1954 [former 22
U.S.C. 1787(c)] or section 625(d) of the Act [22 U.S.C. 2385(d)]
for the purpose of performing functions under such Acts outside the
United States shall not, unless otherwise agreed by the agency in
which such benefits may be exercised, be entitled to the benefits
provided by section 310 of the Foreign Service Act of 1980 (22
U.S.C. 3950) in cases in which their service under the appointment,
employment, or assignment exceeds thirty months.
1-603. Special Missions and Staffs Abroad. The maintenance of
special missions or staffs abroad, the fixing of the ranks of the
chiefs thereof after the chiefs of the United States diplomatic
missions, and the authorization of the same compensation and
allowances authorized for a chief of mission as defined in section
102(a)(3) of the Foreign Service Act of 1980 (22 U.S.C.
3902(a)(3)), all under section 631 of the Act [22 U.S.C. 2391],
shall be subject to the approval of the Secretary of State.
1-604. International Agreements. The negotiation, conclusion, and
termination of international agreements pursuant to the Act [this
chapter] shall be subject to the requirements of 1 U.S.C. 112b and
to applicable regulations and procedures.
1-605. Interagency Consultation. Each officer to whom functions
are delegated by this order, shall, in carrying out such functions,
consult with the heads of other departments and agencies, including
the Director of the Office of Management and Budget, on matters
pertaining to the responsibilities of departments and agencies
other than his or her own.
1-7. RESERVED FUNCTIONS
1-701. Reservation of Functions to the President. There are
hereby excluded from the functions delegated by the foregoing
provisions of this order:
(a) The functions conferred upon the President by sections
122(e), 298(a), 493, 504(b), 613(a), 614(a), 620(a), 620(d),
620(x), 620A, 620C(c), 621(a), 622(b), 622(c), 633(a), 633(b),
640B, and 663(b) of the Act [22 U.S.C. 2151t(e), 2220c(a), 2292b,
2312(b), 2363(a), 2364(a), 2370(a), (d), (x), 2371, 2373(c),
2381(a), 2382(b), (c), 2393(a), (b), 2399c, and 2423(b)].
(b) The functions conferred upon the President by the Act [this
chapter] and section 408(b) of the Mutual Security Act of 1954 [22
U.S.C. 1928] with respect to the appointment of officers required
to be appointed by and with the advice and consent of the Senate
and with respect to the appointment of officers pursuant to
sections 233(b) and 624(c) of the Act [22 U.S.C. 2193(b), 2384(c)].
(c) The functions conferred upon the President with respect to
determinations, certifications, directives, or transfers of funds,
as the case may be, by sections 209(d), 303, 465(b), 490(h),
505(d)(2)(A), 505(d)(3), 506(a), 552(c), 552(e), 610, 614(c), 620E,
632(b), 633A, 663(a) of the Act [22 U.S.C. 2169(d), 2223, 2275(b),
2291j(h), 2314(d)(2)(A), (d)(3), 2318(a), 2348a(c), (e), 2360,
2364(c), 2375, 2392(b), 2393a, 2423(a)]; those under section 604(a)
of the Act [22 U.S.C. 2354(a)] except insofar as they relate to
procurement under chapter 1 of part I and chapter 4 of part II [22
U.S.C. 2151 et seq., 2346 et seq.].
[(d) Redesignated (c).]
(e) The following-described functions conferred upon the
President:
(1) Those under section 503(a) [22 U.S.C. 2311(a)] that relate
to findings: Provided, that the Secretary of State, in the
implementation of the functions delegated to him under section
505(a)(1), (a)(4), and (e) of the Act [22 U.S.C. 2314(a)(1),
(a)(4), and (e)], is authorized to find, in the case of a
proposed transfer of a defense article or related training or a
related defense service by a foreign country or international
organization to a foreign country or international organization
not otherwise eligible under section 503(a) of the Act, whether
the proposed transfer will strengthen the security of the United
States and promote world peace.
(2) Those under section 505(b) [22 U.S.C. 2314(b)] in respect
of countries that do not agree to the conditions set forth
therein.
(3) That under section 614(b) [22 U.S.C. 2364(b)] with respect
to determining any provisions of law to be disregarded to achieve
the purpose of that section.
(4) That under the second sentence of section 654(c) [22 U.S.C.
2414(c)] with respect to the publication in the Federal Register
of any findings or determination reserved to the President:
Provided, that any officer to whom there is delegated the
function of making any finding or determination within the
purview of section 654(a) [22 U.S.C. 2414(a)] is also authorized
to reach the conclusion specified in performance of the function
delegated to him.
(f) That under section 523(d) of the Mutual Security Act of 1954
(22 U.S.C. 1783(d)).
(g) Those under sections 130 [Pub. L. 99-83, Aug. 8, 1985, 99
Stat. 207], 504 and 505 [22 U.S.C. 2349aa-8, 2349aa-9] of the ISDCA
of 1985[.]
1-702. Subsequent Amendments. Functions conferred upon the
President by subsequent amendments to the Act [this chapter] are
delegated to the Secretary only insofar as they do not relate
directly and necessarily to the conduct of programs and activities
that either the President or an agency other than the Department of
State is authorized to administer pursuant to express reservation
or delegation of authorities in a statute or in this or another
Executive order.
1-703. Office of Management and Budget. In this order the
Director of the Office of Management and Budget shall retain all
authorities related to the implementation of his budgetary and
policy coordination functions, including the authority to:
(a) request and receive information from any agency that is
subject to this delegation;
(b) carry out all responsibilities associated with implementing
the Government Performance and Results Act [Pub. L. 103-62, see
Short Title of 1993 Amendment note set out under section 1101 of
Title 31, Money and Finance], the Government Management Reform
Act [Pub. L. 103-356, see Short Title of 1994 Amendment note set
out under section 3301 of Title 31], and other comparable
government-wide statutes dealing with management; and
(c) carry out all statutory budget and policy coordination
responsibilities assigned to the Director of the Office of
Management and Budget by statute or Executive order.
1-8. FUNDS
1-800. Allocation of Funds. Funds described below that are
appropriated or otherwise made available to the President shall be
deemed to be allocated without any further action of the President,
as follows:
(a) Except as provided in subsections (b) and (c), there are
allocated to the Secretary all funds made available for carrying
out the Act, including any funds appropriated under the heading
"Nonproliferation, Anti-Terrorism, Demining and Related Programs".
(b) There are allocated to the Secretary of Defense all funds
made available for carrying out chapters 2 and 5 of Part II of the
Act [22 U.S.C. 2311 et seq., 2347 et seq.].
(c) There are allocated to the Secretary of the Treasury all
funds made available for carrying out section 129 of the Act [22
U.S.C. 2151aa].
(d) The Secretary of State, the Secretary of Defense, and the
Secretary of the Treasury may allocate or transfer as appropriate
any funds received under subsections (a), (b), and (c) of this
section, respectively, to any agency or part thereof for obligation
or expenditure thereby consistent with applicable law.
1-9. GENERAL PROVISIONS
1-901. Definition. As used in this order, the word "function"
includes any duty, obligation, power, authority, responsibility,
right, privilege, discretion, or activity.
1-902. References to Orders and Acts. Except as may for any
reason be inappropriate:
(a) References in this order or in any other Executive order to
(1) the Foreign Assistance Act of 1961 [this chapter] (including
references herein to "the Act"), (2) unrepealed provisions of the
Mutual Security Act of 1954 [act Aug. 26, 1954, ch. 937, 68 Stat.
832, as amended], or (3) any other act that relates to the subject
of this order shall be deemed to include references to any
subsequent amendments thereto.
(b) References in any prior Executive order to the Mutual
Security Act of 1954 [act Aug. 26, 1954, ch. 937, 68 Stat. 832, as
amended] or any provisions thereof shall be deemed to be references
to the Act [this chapter] or the corresponding provision, if any,
thereof.
(c) References in this order to provisions of any Act, and
references in any other Executive order or in any memorandum
delegation to provisions of any Act related to the subject of this
order shall be deemed to include references to any provision of law
that is the same or substantially the same as such provisions,
respectively.
(d) References in this order or in any other Executive order to
this order or to any provision thereof shall be deemed to include
references thereto, respectively, as amended from time to time.
(e) References in any prior Executive order not superseded by
this order to any provisions of any Executive order so superseded
shall hereafter be deemed to be references to the corresponding
provisions, if any, of this order.
1-903. Prior Executive Orders. (a) The following are revoked:
(1) Executive Order No. 10973 [22 U.S.C. 2381 note] of November
3, 1961, as amended;
(2) section 2(a) of Executive Order No. 11579 [22 U.S.C. 2191
note], of January 19, 1971; and
(3) Executive Order No. 10893 [22 U.S.C. 2382 note] of November
8, 1960.
(b) The following are amended:
(1) section 3(a) of Executive Order No. 11846 of March 27,
1975, as amended [19 U.S.C. 2111 note], by adding the following
new paragraph (12) after paragraph (11):
"(12) The Director of the United States International
Development Cooperation Agency";
(2) section 1-202 of Executive Order 12065 of June 28, 1978 [50
U.S.C. 435 note], by striking out "The Administrator, Agency for
International Development" and inserting in lieu thereof "The
Director of the United States International Development
Cooperation Agency";
(3) section 2(a) of Executive Order No. 11958 of January 18,
1977 [22 U.S.C. 2751 note], by striking out "the Administrator of
the Agency for International Development" and inserting in lieu
thereof "the Director of the United States International
Development Cooperation Agency";
(4) section 3 of Executive Order 10900 of January 5, 1961 [7
U.S.C. 1691 note], by adding thereto the following new
subsection:
"(d) The Secretary of State may redelegate to the Director of
the United States International Development Cooperation Agency,
or to any other officer or agency of the Executive branch,
functions delegated to such Secretary by this order.";
(5) section 4 of Executive Order 11223 of May 12, 1965 [22
U.S.C. 2393 note], by inserting immediately following "the
Secretary of State" the words "or the Director of the United
States International Development Cooperation Agency (with respect
to functions vested in or delegated to the Director)"; and
(6) the President's memorandum of October 18, 1961, entitled
"Determination Under Section 604(a) of the Foreign Assistance Act
of 1961" (26 FR 10543) is amended by inserting after "the
Secretary of State" each time it appears in such memorandum the
words "or the Director of the United States International
Development Cooperation Agency (with respect to non-military
programs administered by such Agency)".
[(c), (d) Revoked by Ex. Ord. No. 13118, Sec. 9, Mar. 31, 1999,
64 F.R. 16598.]
1-904. Saving Provisions. Except to the extent inconsistent with
this order, all delegations of authority, determinations,
authorizations, regulations, rulings, certificates, orders,
directives, contracts, agreements, and other actions made, issued,
or entered into with respect to any function affected by this order
and not revoked, superseded, or otherwise made inapplicable before
the date of this order, shall continue in full force and effect
until amended, modified, or terminated by appropriate authority.
1-905. Effective Date. The provisions of this order shall become
effective as of October 1, 1979.
[Pub. L. 105-277, div. G, subdiv. A, title XIV, Sec. 1422(a)(2),
Oct. 21, 1998, 112 Stat. 2681-792, provided that sections 1-101
through 1-103, 1-401 through 1-403, and 1-801(a), and other
provisions of Ex. Ord. No. 12163 that relate to the United States
International Development Cooperation Agency or the Director
thereof were repealed.]
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2384 of this title.
-End-
-CITE-
22 USC Sec. 2381a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2381a. Strengthened management practices
-STATUTE-
(a) Declaration of beliefs
The Congress believes that United States foreign aid funds could
be utilized more effectively by the application of advanced
management decisionmaking, information and analysis techniques such
as systems analysis, automatic data processing, benefit-cost
studies, and information retrieval.
(b) Management system; establishment; scope
To meet this need, the President shall establish a management
system that includes: the definition of objectives and programs for
United States foreign assistance; the development of quantitative
indicators of progress toward these objectives; the orderly
consideration of alternative means for accomplishing such
objectives; and the adoption of methods for comparing actual
results of programs and projects with those anticipated when they
were undertaken. The system should provide information to the
agency and to Congress that relates agency resources, expenditures,
and budget projections to such objectives and results in order to
assist in the evaluation of program performance, the review of
budgetary requests, and the setting of program priorities.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 621A, as added Pub. L. 90-554, pt.
III, Sec. 302(b), Oct. 8, 1968, 82 Stat. 964; amended Pub. L.
95-424, title V, Sec. 502(d)(1), Oct. 6, 1978, 92 Stat. 959.)
-MISC1-
AMENDMENTS
1978 - Subsec. (c). Pub. L. 95-424 struck out subsec. (c)
relating to annual reports to Congress by the President evaluating
the progress made toward implementation of this section.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
605 of Pub. L. 95-424, set out as a note under section 2151 of this
title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2382 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2382. Coordination with foreign policy
-STATUTE-
(a) Powers or functions of Secretary of State
Nothing contained in this chapter shall be construed to infringe
upon the powers or functions of the Secretary of State.
(b) Coordination among representatives of United States
The President shall prescribe appropriate procedures to assure
coordination among representatives of the United States Government
in each country, under the leadership of the Chief of the United
States Diplomatic Mission. The Chief of the diplomatic mission
shall make sure that recommendations of such representatives
pertaining to military assistance (including civic action) and
military education and training programs are coordinated with
political and economic considerations, and his comments shall
accompany such recommendations if he so desires.
(c) Responsibility for supervision and general direction of
assistance programs
Under the direction of the President, the Secretary of State
shall be responsible for the continuous supervision and general
direction of economic assistance, military assistance, and military
education and training programs, including but not limited to
determining whether there shall be a military assistance (including
civic action) or a military education and training program for a
country and the value thereof, to the end that such programs are
effectively integrated both at home and abroad and the foreign
policy of the United States is best served thereby.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 622, Sept. 4, 1961, 75 Stat. 446;
Pub. L. 89-171, pt. III, Sec. 302(a), Sept. 6, 1965, 79 Stat. 660;
Pub. L. 89-583, pt. III, Sec. 302(a), Sept. 19, 1966, 80 Stat. 807;
Pub. L. 90-629, ch. 4, Sec. 45(b)(1), (2), Oct. 22, 1968, 82 Stat.
1327; Pub. L. 94-329, title I, Sec. 106(b)(2), June 30, 1976, 90
Stat. 733.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-MISC1-
AMENDMENTS
1976 - Subsec. (b). Pub. L. 94-329, Sec. 106(b)(2)(A), inserted
"and military education and training" after "(including civic
action)".
Subsec. (c). Pub. L. 94-329, Sec. 106(b)(2)(B), inserted
reference to military education and training programs in two
places.
1968 - Subsec. (b). Pub. L. 90-629, Sec. 45(b)(1), struck out "or
sales" before "programs".
Subsec. (c). Pub. L. 90-629, Sec. 45(b)(2), struck out "and
sales" and "or sales" before "programs" and "program",
respectively.
1966 - Subsec. (b). Pub. L. 89-583, Sec. 302(a)(1), substituted
"(including civic action) or sales programs" for "(including any
civic action and sales program)".
Subsec. (c). Pub. L. 89-583, Sec. 302(a)(2), substituted
"economic assistance and military assistance and sales programs"
and "military assistance (including civic action) or sales program"
for "the assistance programs authorized by this chapter" and
"military assistance program (including civic action and sales
program)", respectively.
1965 - Subsec. (b). Pub. L. 89-171, Sec. 302(a)(1), inserted
"(including any civic action and sales program)".
Subsec. (c). Pub. L. 89-171, Sec. 302(a)(2), inserted "including
any civic action and sales program)".
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-629 effective July 1, 1968, see section
41 of Pub. L. 90-629, set out as an Effective Date note under
section 2751 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-EXEC-
EX. ORD. NO. 10338. COORDINATION PROCEDURES
Ex. Ord. No. 10338, Apr. 4, 1952, 17 F.R. 3009, provided:
Section 1. Functions of the Chief of the United States Diplomatic
Mission. (a) The Chief of the United States Diplomatic Mission in
each country, as the representative of the President and acting on
his behalf, shall coordinate the activities of the United States
representatives (including the chiefs of economic missions,
military assistance advisory groups, and other representatives of
agencies of the United States Government) in such country engaged
in carrying out programs under the Mutual Security Act of 1951
(hereinafter referred to as the Act) [section 1509 et seq. of this
title], and he shall assume responsibility for assuring the unified
development and execution of the said programs in such country.
More particularly, the functions of each Chief of United States
Diplomatic Mission shall include, with respect to the programs and
country concerned:
(1) Exercising general direction and leadership of the entire
effort.
(2) Assuring that recommendations and prospective plans and
actions of the United States representatives are effectively
coordinated and are consistent with and in furtherance of the
established policy of the United States.
(3) Assuring that the interpretations and application of
instructions received by the United States representatives from
higher authority are in accordance with the established policy of
the United States.
(4) Guiding the United States representatives in working out
measures to prevent duplication in their efforts and to promote the
most effective and efficient use of all United States officers and
employees having mutual security responsibilities.
(5) Keeping the United States representatives fully informed as
to current and prospective United States policies.
(6) Prescribing procedures governing the coordination of the
activities of the United States representatives, and assuring that
these representatives shall have access to all available
information essential to the accomplishment of their prescribed
duties.
(7) Preparing and submitting such reports on the operation and
status of the programs under the Act as may be directed by the
Director for Mutual Security.
(b) Each Chief of United States Diplomatic Mission shall perform
his functions under this order in accordance with instructions from
higher authority and subject to established policies and programs
of the United States.
(c) No Chief of United States Diplomatic Mission shall delegate
any function conferred upon him by the provisions of this order
which directly involves the exercise of direction, coordination, or
authority.
Sec. 2. Referral of unresolved matters. The Chief of the United
States Diplomatic Mission in each country shall initiate steps to
reconcile any divergent views arising in the country concerned with
respect to programs under the Act. If agreement cannot be reached
the Chief of the United States Diplomatic Mission shall recommend a
course of action, and such course of action shall be followed
unless a United States representative requests that the issue be
referred to higher authority for decision. If such a request is
made, the parties concerned shall promptly refer the issue to
higher authority for resolution prior to taking action at the
country level. The Director for Mutual Security shall assure
expeditious decisions on matters so submitted.
Sec. 3. Effect of order on United States representatives. (a) All
United States representatives in each country shall be subject to
the responsibilities imposed upon the Chief of the United States
Diplomatic Mission in such country by section 507 of the Mutual
Security Act of 1951 [section 1658 of this title] and by this
order.
(b) Subject to compliance with the provisions of this order and
with the prescribed procedures of their respective agencies, all
United States representatives affected by this order (1) shall have
direct communication with their respective agencies and with such
other parties and in such manner as may be authorized by their
respective agencies, (2) shall keep the respective Chiefs of United
States Diplomatic Missions and each other fully and currently
informed on all matters, including prospective plans,
recommendations, and actions, relating to programs under the Act,
and (3) shall furnish to the respective Chiefs of United States
Diplomatic Missions, upon their request, documents and information
concerning the said programs.
Sec. 4. Further coordination procedures. The Director for Mutual
Security shall be responsible for assuring the carrying out of the
provisions of this order. He is authorized to prescribe, after
consultation with the interested Government agencies, any
additional procedures he may find necessary to carry out the
provisions of this order.
Sec. 5. Prior orders. (a) To the extent that provisions of any
prior order are inconsistent with the provisions of this order, the
latter shall control, and any such prior provisions are amended
accordingly. All orders, regulations, rulings, certificates,
directives, and other actions relating to any function affected by
this order shall remain in effect except as they are inconsistent
herewith or are hereafter amended or revoked under proper
authority.
(b) Nothing in this order shall affect Executive Orders Nos.
10062, 10063, and 10144 of June 6, 1949, June 13, 1949, and July
21, 1950, respectively.
(c) Executive Orders Nos. 9857, 9862, 9864, 9914, 9944, 9960,
10208, and 10259 of May 22, 1947, May 31, 1947, December 26, 1947,
April 9, 1948, May 19, 1948, January 25, 1951, and June 27, 1951,
respectively, are hereby revoked.
EXECUTIVE ORDER NO. 10893
Ex. Ord. No. 10893, Nov. 8, 1960, 25 F.R. 10731, as amended,
which related to the administration of mutual security and related
functions, was revoked by Ex. Ord. No. 12163, Sec. 1-903(a)(3),
Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set out as a note
under section 2381 of this title. Ex. Ord. No. 10893 was also
revoked, except section 201 thereof, by section 1-501(h) of Ex.
Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out as a
note under section 1691 of Title 7, Agriculture.
EXECUTIVE ORDER NO. 12066
Ex. Ord. No. 12066, June 29, 1978, 43 F.R. 28965, which related
to the inspection of foreign assistance programs, was revoked by
section 10(k) of Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968,
set out as a note under section 3901 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 6593 of this title.
-End-
-CITE-
22 USC Sec. 2383 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2383. Responsibilities of the Secretary of Defense; priorities
in procurement, delivery, and allocation of military equipment
-STATUTE-
(a) In the case of assistance under subchapter II of this
chapter, the Secretary of Defense shall have primary responsibility
for -
(1) the determination of military end-item requirements;
(2) the procurement of military equipment in a manner which
permits its integration with service programs;
(3) the supervision of end-item use by the recipient countries;
(4) the supervision of the training of foreign military and
related civilian personnel;
(5) the movement and delivery of military end-items; and
(6) within the Department of Defense, the performance of any
other functions with respect to the furnishing of military
assistance, education and training.
(b) The establishment of priorities in the procurement, delivery,
and allocation of military equipment shall be determined by the
Secretary of Defense.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 623, Sept. 4, 1961, 75 Stat. 446;
Pub. L. 94-329, title I, Sec. 106(b)(3), June 30, 1976, 90 Stat.
733.)
-MISC1-
REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter II of this chapter are deemed to exclude
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II, and references to
subchapter I of this chapter are deemed to include such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
AMENDMENTS
1976 - Subsec. (a)(4). Pub. L. 94-329, Sec. 106(b)(3)(A),
inserted "and related civilian" after "military".
Subsec. (a)(6). Pub. L. 94-329, Sec. 106(b)(3)(B), inserted
"education and training" after "assistance".
-End-
-CITE-
22 USC Sec. 2384 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2384. Statutory officers
-STATUTE-
(a) Appointment
The President may appoint, by and with the advice and consent of
the Senate, twelve officers in the agency primarily responsible for
administering subchapter I of this chapter, and in the selection of
one of such persons due consideration shall be given to persons
qualified as professional engineers.
(b) Rate of compensation; title of officers; order of succession
Within the limitations established by subsection (a) of this
section, the President may fix the rate of compensation, and may
designate the title of, any officer appointed pursuant to the
authority contained in that subsection. The President may also fix
the order of succession among the officers provided for in
subsection (a) of this section in the event of the absence, death,
resignation, or disability of one or more of said officers.
(c) Appointment of certain statutory officers to comparable
positions
Any person who was appointed by and with the advice and consent
of the Senate, to any statutory position authorized by any
provision of law repealed by section 642(a) and who is serving in
one of such positions at the time of transfer of functions pursuant
to subsections (c) and (d) of section 2381 of this title, may be
appointed by the President to a comparable position authorized by
subsection (a) of this section on the date of the establishment of
the agency primarily responsible for administering subchapter I of
this chapter, without further action by the Senate.
(d) Repealed. Pub. L. 95-88, title I, Sec. 124(a)(1), Aug. 3, 1977,
91 Stat. 541
(e) Coordinator for security assistance
In addition to the officers otherwise provided for in this
section, the President shall appoint, by and with the advice and
consent of the Senate, one officer for the purpose of coordinating
security assistance programs.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 624, Sept. 4, 1961, 75 Stat. 447;
Pub. L. 87-565, pt. III, Sec. 302(b), Aug. 1, 1962, 76 Stat. 262;
Pub. L. 88-205, pt. III, Sec. 302(b), Dec. 16, 1963, 77 Stat. 388;
Pub. L. 88-426, title III, Sec. 305(33), (42), Aug. 14, 1964, 78
Stat. 426, 428; Pub. L. 89-171, pt. III, Sec. 302(b), Sept. 6,
1965, 79 Stat. 660; Pub. L. 89-583, pt. III, Sec. 302(b), Sept. 19,
1966, 80 Stat. 807; Pub. L. 90-137, pt. III, Sec. 302(a), Nov. 14,
1967, 81 Stat. 460; Pub. L. 91-175, pt. III, Sec. 304, Dec. 30,
1969, 83 Stat. 821; Pub. L. 92-226, pt. III, Sec. 302, Feb. 7,
1972, 86 Stat. 28; Pub. L. 94-329, title III, Sec. 301(b), June 30,
1976, 90 Stat. 750; Pub. L. 95-88, title I, Sec. 124(a)(1), Aug. 3,
1977, 91 Stat. 541; Pub. L. 95-105, title I, Sec. 109(a)(1), Aug.
17, 1977, 91 Stat. 846; Pub. L. 95-424, title V, Sec. 504, Oct. 6,
1978, 92 Stat. 959; Pub. L. 96-533, title VII, Sec. 706, Dec. 16,
1980, 94 Stat. 3158; Pub. L. 97-113, title VII, Sec. 705(b)(1),
Dec. 29, 1981, 95 Stat. 1545; Pub. L. 98-164, tile X, Sec. 1002(b),
Nov. 22, 1983, 97 Stat. 1052; Pub. L. 103-236, title I, Sec.
162(e)(4), Apr. 30, 1994, 108 Stat. 405.)
-REFTEXT-
REFERENCES IN TEXT
Section 642(a), referred to in subsec. (c), means section 642(a)
of Pub. L. 87-195, which is set out as a note under section 2151 of
this title.
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
AMENDMENTS
1994 - Subsec. (f). Pub. L. 103-236 struck out subsec. (f) which
provided for an Assistant Secretary of State for Human Rights and
Humanitarian Affairs and prescribed the Assistant Secretary's
duties.
1983 - Subsec. (f)(2)(C). Pub. L. 98-164 inserted provisions
relating to providing advice to the Administrator of the Agency for
International Development on policy framework.
1981 - Subsec. (g). Pub. L. 97-113 struck out subsec. (g) which
related to the Inspector General and the duties, responsibilities,
and compensation of such official. See sections 2, 8A, and 11 of
the Inspector General Act of 1978, Pub. L. 95-452, Oct. 12, 1978,
92 Stat. 1101, as amended, set out in the Appendix to Title 5,
Government Organization and Employees.
1980 - Subsec. (g). Pub. L. 96-533 substituted in pars. (1) to
(5) "Inspector General" for "Auditor General" wherever appearing;
in par. (3), imposed upon the Inspector General requirement of
supervising, directing, and controlling security activities,
including audit, investigative, and security activities relating to
programs and operations within the United States International
Development Cooperation Agency; in par. (4) required submission of
an annual report to the Director; and added pars. (6) to (9).
1978 - Subsec. (g). Pub. L. 95-424 added subsec. (g).
1977 - Subsec. (d). Pub. L. 95-88 struck out subsec. (d) which
provided for an Inspector General, Foreign Assistance.
Subsec. (f)(1). Pub. L. 95-105, Sec. 109(a)(1)(A), substituted
references to the Assistant Secretary of State for Human Rights and
Humanitarian Affairs for references to the Coordinator for Human
Rights and Humanitarian Affairs.
Subsec. (f)(2). Pub. L. 95-105, Sec. 109(a)(1)(B), substituted
"Assistant Secretary of State" for "Coordinator".
1976 - Subsec. (f). Pub. L. 94-329 added subsec. (f).
1972 - Subsec. (e). Pub. L. 92-226 added subsec. (e).
1969 - Subsec. (d)(2)(A). Pub. L. 91-175, Sec. 304(1), inserted
provision including the Overseas Private Investment Corporation in
Inspector General's reviews and audits, and inserted provision
authorizing the conduct of such reviews and audits for programs
under section 290f of this title.
Subsec. (d)(5), (7). Pub. L. 91-175, Sec. 304(2), (3), included
section 290f of this title within provisions of this section.
1967 - Subsec. (d)(2)(B). Pub. L. 90-137 struck out "of
assistance" after "programs" in two places.
1966 - Subsec. (d)(8). Pub. L. 89-583 added par. (8).
1965 - Subsec. (b). Pub. L. 89-171, Sec. 302(b)(1), struck out
"paragraph (3) of" before "subsection (a) of this section" the
second time it appears and substituted "of one or more of said
officers" for "of the officers provided for in paragraphs (1) and
(2) of that subsection".
Subsec. (d)(2)(A), (5), (7). Pub. L. 89-171, Sec. 302(b)(2),
substituted "the Latin American Development Act, as amended" for
"Public Law 86-735".
1964 - Subsec. (a). Pub. L. 88-426, Sec. 305(42), repealed
provisions which related to the appointment of an Under Secretary,
Deputy Under Secretary and ten Assistant Secretaries and prescribed
their rates of compensation.
Subsec. (d)(1). Pub. L. 88-426, Sec. 305(33), repealed provisions
which prescribed the compensation of the Inspector General, Deputy
Inspector General and Assistant Inspector Generals. See section
5315 of Title 5, Government Organization and Employees.
1963 - Subsecs. (a)(2), (3). Pub. L. 88-205, Sec. 302(b)(1), (2),
reduced the number of Deputy Under Secretaries from two to one in
par. (2), and increased the number of Assistant Secretaries from 9
to 10 in par. (3).
Subsec. (b). Pub. L. 88-205, Sec. 302(b)(3), made conforming
changes in language to reflect that only one Deputy Under Secretary
may now be appointed.
Subsec. (d)(1). Pub. L. 88-205, Sec. 302(b)(4), inserted "who
shall be appointed by the President by and with the advice and
consent of the Senate," and increased the salary of the Deputy
Inspector General, Foreign Assistance, from $19,500 to $20,000.
1962 - Subsecs. (d), (e). Pub. L. 87-565 redesignated subsec. (e)
as (d), inserted ", and programs being conducted by United States
Government Agencies under sections 1942 to 1945 of this title," in
par. 2(A), and ", and sections 1942 to 1945 of this title," in
pars. (5) and (7), and repealed former subsec. (d) which related to
the temporary continuation of certain statutory positions.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-236 applicable with respect to
officials, offices, and bureaus of Department of State when
executive orders, regulations, or departmental directives
implementing the amendments by sections 161 and 162 of Pub. L.
103-236 become effective, or 90 days after Apr. 30, 1994, whichever
comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
set out as a note under section 2651a of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
605 of Pub. L. 95-424, set out as a note under section 2151 of this
title.
EFFECTIVE DATE OF 1977 AMENDMENT
Section 124(c) of Pub. L. 95-88 provided that: "The amendments
made by this section [amending this section and section 5315 of
Title 5, Government Organization and Employees, and enacting
provisions set out as a note under this section] shall take effect
on July 1, 1978."
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426, see section 501 of
Pub. L. 88-426.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC2-
ASSUMPTION OF DUTIES BY COORDINATOR FOR HUMAN RIGHTS AND
HUMANITARIAN AFFAIRS
Section 109(a)(6) of Pub. L. 95-105 provided that: "The
individual holding the position of Coordinator for Human Rights and
Humanitarian Affairs on the date of enactment of this section [Aug.
17, 1977] shall assume the duties of the Assistant Secretary of
State for Human Rights and Humanitarian Affairs and shall not be
required to be reappointed by reason of the enactment of this
section."
REPORT TO SPEAKER OF THE HOUSE AND CONGRESSIONAL COMMITTEES ON
OFFICE OF ASSISTANT SECRETARY FOR HUMAN RIGHTS AND HUMANITARIAN
AFFAIRS
Section 109(a)(7) of Pub. L. 95-105, which required the Secretary
of State, not later than Jan. 31, 1978, to transmit to the Speaker
of the House of Representatives and the chairmen of the Senate
Committee on Foreign Relations and the Senate Committee on the
Judiciary a comprehensive report on the Office of the Assistant
Secretary for Human Rights and Humanitarian Affairs, including its
current mandate and operations, the mandate and operations of its
predecessor offices, and proposals for the reorganization of the
Department of State that would strengthen human rights and
humanitarian considerations in the conduct of United States foreign
policy and promote the ability of the United States to participate
effectively in international humanitarian efforts, was repealed by
Pub. L. 97-241, title V, Sec. 505(a)(3), Aug. 24, 1982, 96 Stat.
299, and Pub. L. 98-164, title X, Sec. 1011(a)(5), Nov. 22, 1983,
97 Stat. 1061.
ASSIGNMENT OF DUTIES AND RESPONSIBILITIES TO INSPECTOR GENERAL,
FOREIGN SERVICE
Section 124(a)(2) of Pub. L. 95-88, which provided that the
President (A) may assign to the Inspector General, Foreign Service,
any of the duties and responsibilities vested by such section
624(d) [subsec. (d) of this section] in the Inspector General,
Foreign Assistance, and (B) may authorize the Inspector General,
Foreign Service, to exercise such of the authorities granted by
such section 624(d) [subsec. (d) of this section] to the Inspector
General, Foreign Assistance, as the President determines are
necessary to carry out any duties or responsibilities so assigned,
was repealed by Pub. L. 96-465, title II, Sec. 2205(11), Oct. 17,
1980, 94 Stat. 2160. See section 3929 of this title.
AGENCY FOR INTERNATIONAL DEVELOPMENT
For appointments under subsec. (a) to United States Agency for
International Development, see section 1-200(b) and (c) of Ex. Ord.
No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a
note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2389, 6592 of this title.
-End-
-CITE-
22 USC Sec. 2385 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2385. Employment of personnel
-STATUTE-
(a) Authorization
Any agency or officer of the United States Government carrying
out functions under this chapter is authorized to employ such
personnel as the President deems necessary to carry out the
provisions and purposes of this chapter.
(b) Appointments excepted from civil-service laws; supergrade
positions; reinstatement
Of the personnel employed in the United States to carry out
subchapter I of this chapter or coordinate subchapter I and
subchapter II of this chapter, not to exceed one hundred and ten
may be appointed, compensated, or removed without regard to the
provisions of any law, of whom not to exceed fifty-one may be
compensated at rates higher than those provided for grade 15 of the
general schedule established by section 5332 of title 5, but not in
excess of the highest rate of grade 18 of such general schedule:
Provided, That, under such regulations as the President shall
prescribe, officers and employees of the United States Government
who are appointed to any of the above positions may be entitled,
upon removal from such position, to reinstatement to the position
occupied at the time of appointment or to a position of comparable
grade and salary. Such positions shall be in addition to those
authorized by law to be filled by Presidential appointment, and in
addition to the number authorized by section 5108 of title 5.
(c) Additional supergrade positions
Of the personnel employed in the United States to carry out
subchapter II of this chapter, or any Act superseding subchapter II
of this chapter in whole or in part, not to exceed eight may be
compensated at rates higher than those provided for grade 15 of the
general schedule established by section 5332 of title 5, but not in
excess of the highest rate of grade 18 of such general schedule.
Such positions shall be in addition to those authorized by law to
be filled by Presidential appointment, and in addition to the
number authorized by section 5108 of title 5.
(d) Employment or assignment of officers and employees to perform
functions outside United States
For the purpose of performing functions under this chapter
outside the United States, the President may employ or assign
individuals, or may authorize the employment or assignment of
officers or employees by agencies of the United States Government
which are not authorized to utilize the Foreign Service personnel
system, who shall receive compensation at any of the rates provided
for under section 402 or section 403 of the Foreign Service Act of
1980 [22 U.S.C. 3962, 3963], or under chapter 53 of title 5, or at
any other rate authorized by law, together with allowances and
benefits under the Foreign Service Act of 1980 [22 U.S.C. 3901 et
seq.]. Individuals so employed or assigned shall be entitled,
except to the extent that the President may specify otherwise in
cases in which the period of employment or assignment exceeds
thirty months, to the same benefits as are provided by section 310
of that Act [22 U.S.C. 3950] for individuals appointed to the
Foreign Service.
(e) Repealed. Pub. L. 96-465, title II, Sec. 2205(8), Oct. 17,
1980, 94 Stat. 2160
(f) Funds for personnel services
Funds provided for in agreements with foreign countries for the
furnishing of services under this chapter with respect to specific
projects shall be deemed to be obligated for the services of
personnel employed by agencies of the United States Government
(other than the agencies primarily responsible for administering
subchapter I or II of this chapter) as well as personnel not
employed by the United States Government.
(g) Repealed. Pub. L. 96-465, title II, Sec. 2205(8), Oct. 17,
1980, 94 Stat. 2160
(h) Acceptance of compensation or other benefits from foreign
countries; arrangements for reimbursement
Notwithstanding any other provision of law, officers and
employees of the United States Government performing functions
under this chapter shall not accept from any foreign country any
compensation or other benefits. Arrangements may be made by the
President with such countries for reimbursement to the United
States Government or other sharing of the cost of performing such
functions.
(i) Assignment based on competency
To the maximum extent practicable officers and employees
performing functions under this chapter abroad shall be assigned to
countries and positions for which they have special competence,
such as appropriate language and practical experience.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 625, Sept. 4, 1961, 75 Stat. 449;
Pub. L. 87-565, pt. III, Sec. 302(c), Aug. 1, 1962, 76 Stat. 262;
Pub. L. 87-793, Sec. 1001(k), Oct. 11, 1962, 76 Stat. 865; Pub. L.
88-663, pt. III, Sec. 302(a), Oct. 7, 1964, 78 Stat. 1014; Pub. L.
89-171, pt. III, Sec. 302(c), Sept. 6, 1965, 79 Stat. 660; Pub. L.
90-137, pt. III, Sec. 302(b)-(d), Nov. 14, 1967, 81 Stat. 460; Pub.
L. 90-554, title III, Sec. 302(c), Oct. 8, 1968, 82 Stat. 965; Pub.
L. 93-189, Sec. 16, Dec. 17, 1973, 87 Stat. 722; Pub. L. 95-88,
title I, Sec. 125, Aug. 3, 1977, 91 Stat. 542; Pub. L. 96-465,
title II, Secs. 2203(a), 2205(8), Oct. 17, 1980, 94 Stat. 2158,
2160; Pub. L. 97-113, title VII, Sec. 703, Dec. 29, 1981, 95 Stat.
1544.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (d), (f), (h), and
(i), was in the original "this Act", meaning Pub. L. 87-195, Sept.
4, 1961, 75 Stat. 424, as amended, known as the Foreign Assistance
Act of 1961. For complete classification of this Act to the Code,
see Short Title note set out under section 2151 of this title and
Tables.
The Foreign Service Act of 1980, referred to in subsec. (d), is
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified
principally to chapter 52 (Sec. 3901 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 3901 of this title and Tables.
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE
SUCH PARTS
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
AMENDMENTS
1981 - Subsec. (d). Pub. L. 97-113 substituted "or under chapter
53 of title 5, or at any other rate authorized by law, together
with allowances and benefits under the Foreign Service Act of 1980"
for "together with allowances and benefits under that Act".
1980 - Subsec. (d). Pub. L. 96-465, Sec. 2203(a), substituted
references to the Foreign Service Act of 1980, for references to
the Foreign Service Act of 1946, and struck out provisions relating
to the applicability of section 1005 of the Foreign Service Act of
1946 and relating to the utilization of Presidential authority
under the Foreign Service Act of 1946 to carry out the functions of
this chapter.
Subsec. (e). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (e)
which set forth requirement of standards or other criteria for
maintenance of adequate performance levels for personnel. See
sections 4007 and 4008 of this title.
Subsec. (g). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (g)
which related to competency in foreign languages. See section 4022
of this title.
Subsec. (j). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (j)
which related to appointment and compensation of an Inter-American
Committee representative.
Subsec. (k). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (k)
which related to applicability, etc., of Foreign Service Retirement
and Disability System. See sections 3922 and 4043 of this title.
1977 - Subsec. (d)(2). Pub. L. 95-88 struck out a numerical
limitation of fifty on the number of persons which the President
may assign, at any one time, to duty within the United States for
the purpose of preparation for assignments outside the United
States.
1973 - Subsec. (k). Pub. L. 93-189 added subsec. (k).
1968 - Subsec. (c). Pub. L. 90-554 inserted "or any Act
superseding subchapter II of this chapter in whole or in part"
after "to carry out subchapter II of this chapter".
1967 - Subsecs. (b), (c). Pub. L. 90-137, Sec. 302(b), (c),
substituted references to section 5332 of title 5 for former
references to the Classification Act of 1949, as amended, and to
section 5108 for former section 1105 of title 5.
Subsec. (d)(2). Pub. L. 90-137, Sec. 302(d), authorized an
increase in the assignment of foreign personnel from forty to fifty
persons.
1965 - Subsec. (d)(2). Pub. L. 89-171 substituted "forty" for
"twenty".
1964 - Subsec. (d)(2). Pub. L. 88-633, Sec. 302(a)(1),
substituted "the assignment to such duty of more than twenty
persons at any one time" for "more than thirty persons in the
aggregate".
Subsec. (j). Pub. L. 88-633, Sec. 302(a)(2), added subsec. (j).
1962 - Subsec. (b). Pub. L. 87-793, Sec. 1001(k)(1), substituted
"but not in excess of the highest rate of grade 18 of such general
schedule" for "and of these, not to exceed eight may be compensated
at a rate in excess of the highest rate provided for grades of such
general schedule but not in excess of $19,000 per year".
Pub. L. 87-565, Sec. 302(c)(1), substituted "one hundred and ten"
for "seventy-six".
Subsec. (c). Pub. L. 87-793, Sec. 1001(k)(2), substituted "but
not in excess of the highest rate of grade 18 of such general
schedule" for "and of these, not to exceed three may be compensated
at a rate in excess of the highest rate provided for grades of such
general schedule but not in excess of $19,000 per year".
Subsec. (d)(2). Pub. L. 87-565, Sec. 302(c)(2), authorized the
President to initially assign personnel, not exceeding 30 persons
in the aggregate, for duty within the United States for a period
not exceeding two years for preparation for duty outside the United
States.
Subsec. (f). Pub. L. 87-565, Sec. 302(c)(3), inserted "with
respect to specific projects", and "agencies of", and excluded
services of employees of agencies primarily responsible for
administering subchapter I or II of this chapter from the purview
of this subsection.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j)
by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise
provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
Repeal of subsec. (k) by Pub. L. 96-465 effective Oct. 17, 1980,
see section 2403(d)(1) of Pub. L. 96-465.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962, see section 1008 of
Pub. L. 87-793.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC2-
REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.
ENTITLEMENT TO BENEFITS FOR SERVICES PERFORMED OUTSIDE UNITED
STATES; SERVICE EXCEEDING THIRTY MONTHS
Persons appointed, employed, or assigned after May 19, 1959,
under former section 1787(c) of this title or subsec. (d) of this
section for the purpose of performing functions under the Mutual
Security Act of 1954 (see Short Title note set out under section
1754 of this title) and this chapter, outside the United States,
shall not, unless otherwise agreed by the agency in which such
benefits may be exercised, be entitled to the benefits provided for
by section 3950 of this title in cases in which their service under
the appointment, employment, or assignment exceeds thirty months,
see Ex. Ord. No. 12163, Sec. 1-602(b), Sept. 29, 1979, 44 F.R.
56677, as amended, set out as a note under section 2381 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2396 of this title; title
37 section 306a.
-End-
-CITE-
22 USC Sec. 2385a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2385a. Unified personnel system
-STATUTE-
(a) Establishment by regulations
Not later than May 1, 1979, the President shall submit to the
Congress, and publish in the Federal Register, regulations
establishing a unified personnel system for all employees of the
agency primarily responsible for administering part I of the
Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]. In
preparing such regulations, the President shall keep the
appropriate committees of the Congress fully and currently
informed, and shall consult with them on a regular basis,
concerning the nature of the unified personnel system to be
established.
(b) Effective date of regulations
The regulations submitted to the Congress pursuant to subsection
(a) -
(1) may not become effective until after the end of the 90-day
period beginning on the date of such submission in order to
provide the appropriate committees of the Congress an opportunity
to review them; and
(2) shall not become effective then if, during such 90-day
period, either House of Congress adopts a resolution stating in
substance that it disapproves the personnel system proposed to be
established by the regulations.
(c) Force and effect of regulations
Regulations which take effect pursuant to this section shall have
the force and effect of law and shall apply with respect to the
personnel of the agency primarily responsible for administering
part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et
seq.], notwithstanding and (!1) inconsistent provision of law
unless that provision of law specifically states that it supersedes
regulations issued under this section.
-SOURCE-
(Pub. L. 95-424, title IV, Sec. 401, Oct. 6, 1978, 92 Stat. 956;
Pub. L. 96-53, title V, Sec. 503(a), Aug. 14, 1979, 93 Stat. 378.)
-REFTEXT-
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in subsecs. (a)
and (c), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended. Part I of the Foreign Assistance Act of 1961 is classified
generally to subchapter I (Sec. 2151 et seq.) of this chapter. For
provisions deeming references to subchapter I to include parts IV
(Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII (Sec. 2349aa
et seq.) of subchapter II of this chapter, see section 202(b) of
Pub. L. 92-228, set out as a note under section 2346 of this title,
and sections 2348c and 2349aa-5 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-COD-
CODIFICATION
Section enacted as part of the International Development and Food
Assistance Act of 1978, and not as part of the Foreign Assistance
Act of 1961 which comprises this chapter.
-MISC1-
AMENDMENTS
1979 - Subsec. (a). Pub. L. 96-53 substituted "May 1" for "March
15".
EFFECTIVE DATE OF 1979 AMENDMENT
Section 503(b) of Pub. L. 96-53 provided that: "The amendment
made by subsection (a) [amending this section] shall be effective
as of March 15, 1979."
EFFECTIVE DATE
Section effective Oct. 1, 1978, see section 605 of Pub. L.
95-424, set out as an Effective Date of 1978 Amendment note under
section 2151 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3503 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "any".
-End-
-CITE-
22 USC Sec. 2386 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2386. Experts, consultants, and retired officers
-STATUTE-
(a) Employment; compensation; renewal of contracts of employment
Experts and consultants or organizations thereof may as
authorized by section 3109 of title 5 be employed for the
performance of functions under this chapter, and individuals so
employed may be compensated at rates not in excess of the daily
equivalent of the highest rate which may be paid to an employee
under the General Schedule established by section 5332 of title 5,
and while away from their homes or regular places of business, they
may be paid actual travel expenses and per diem in lieu of
subsistence at the applicable rate prescribed in the standardized
Government travel regulations, as amended from time to time.
Contracts for such employment with such organizations, employment
of personnel as experts and consultants, not to exceed ten in
number, contracts for such employment of retired military personnel
with specialized research and development experience, not to exceed
ten in number, and contracts for such employment of retired
military personnel with specialized experience of a broad
politico-military nature, not to exceed five in number, may be
renewed annually.
(b) Exemption from certain Federal laws
Service of an individual as an expert or consultant under
subsection (a) of this section shall not be considered as
employment or holding of office or position bringing such
individual within the provisions of section 3323(a) of title 5.
(c) Employment without compensation of persons of outstanding
experience and ability
Persons of outstanding experience and ability may be employed
without compensation by any agency of the United States Government
for the performance of functions under this chapter in accordance
with the provisions of section 2160(b) of Appendix to title 50, and
regulations issued thereunder.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 626, Sept. 4, 1961, 75 Stat. 451;
Pub. L. 88-205, pt. III, Sec. 302(c), Dec. 16, 1963, 77 Stat. 389;
Pub. L. 88-448, title IV, Secs. 401(e), 402(a)(35), Aug. 19, 1964,
78 Stat. 490, 495; Pub. L. 88-633, pt. III, Sec. 302(b), Oct. 7,
1964, 78 Stat. 1014; Pub. L. 89-171, pt. III, Sec. 302(d), Sept. 6,
1965, 79 Stat. 660; Pub. L. 90-137, pt. III, Sec. 302(e), Nov. 14,
1967, 81 Stat. 460; Pub. L. 94-329, title VI, Sec. 603, June 30,
1976, 90 Stat. 766; Pub. L. 95-88, title I, Sec. 126, Aug. 3, 1977,
91 Stat. 542.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (c), was in the
original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
-MISC1-
AMENDMENTS
1977 - Subsec. (b). Pub. L. 95-88 struck out provisions under
which service of an individual as an expert or consultant under
subsec. (a) would not be considered employment as would bring a
person under section 8344 of title 5, section 1112 of this title,
and any other law limiting the reemployment of retired officers or
employees or governing the simultaneous receipt of compensation and
retired pay or annuities subject to section 5532 of title 5.
1976 - Subsec. (a). Pub. L. 94-329 substituted "the daily
equivalent of the highest rate which may be paid to an employee
under the General Schedule established by section 5332 of title 5"
for "$100 per diem".
1967 - Subsec. (a). Pub. L. 90-137, Sec. 302(e)(1), substituted
reference to section 3109 for former section 55a of title 5.
Subsec. (b). Pub. L. 90-137, Sec. 302(e)(2), substituted
references to sections 3323(a) and 8344 of title 5 for former
section 2263 of title 5 and to section 5532 of title 5 for former
section 3102 of title 5.
1965 - Subsecs. (c), (d). Pub. L. 89-171 redesignated subsec. (d)
as (c). Former subsec. (c) was repealed by Pub. L. 88-448, title
IV, Sec. 402(a)(35), Aug. 19, 1964, 78 Stat. 495.
1964 - Subsec. (a). Pub. L. 88-633, Sec. 302(b)(1), increased
compensation limits from $75 to $100 per diem.
Subsec. (b). Pub. L. 88-448, Sec. 401(e), struck out provisions
which stated that service as an expert or consultant under
subsection (a) of this section shall not be considered as
employment or holding of office or position bringing such
individual within the provisions of section 59a of title 5, and
inserted ", subject to section 3102 of title 5".
Subsec. (c). Pub. L. 88-448, Sec. 402(a)(35), repealed subsec.
(c) which related to compensation of retired officers.
Pub. L. 88-633, Sec. 302(b)(2), substituted "section 101(3) of
Title 37" for "Career Compensation Act of 1949, as amended," in
subsec. (c) subsequent to the repeal of such subsection by Pub. L.
88-448.
1963 - Subsec. (b). Pub. L. 88-205 substituted "Service of an
individual as an expert or consultant under subsection (a) of this
section shall not" for "Nor shall such service", and struck out
provisions exempting individuals serving under subsec. (a) of this
section from coverage of sections 281, 283, or 284 of title 18,
section 99 of title 5, or any Federal law imposing restrictions,
requirements, or penalties in connection with claims or matters
involving the U.S. Government, except insofar as such provisions
prohibited such individuals from receiving compensation in respect
of any matter in which such individual was directly involved in the
performance of such service.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-448 effective on first day of first month
which begins later than ninetieth day following Aug. 19, 1964, see
section 403 of Pub. L. 88-448.
REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2396 of this title.
-End-
-CITE-
22 USC Sec. 2387 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2387. Detail of personnel to foreign governments
-STATUTE-
Whenever the President determines it to be in furtherance of the
purposes of this chapter, the head of any agency of the United
States Government is authorized to detail or assign any officer or
employee of his agency to any office or position with any foreign
government or foreign government agency, where acceptance of such
office or position does not involve the taking of an oath of
allegiance to another government or the acceptance of compensation
or other benefits from any foreign country by such officer or
employee.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 627, Sept. 4, 1961, 75 Stat. 452.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2389 of this title.
-End-
-CITE-
22 USC Sec. 2388 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2388. Detail of personnel to international organizations
-STATUTE-
Whenever the President determines it to be consistent with and in
furtherance of the purposes of this chapter, the head of any agency
of the United States Government is authorized to detail, assign, or
otherwise make available to any international organization any
officer or employee of his agency to serve with, or as a member of,
the international staff of such organization, or to render any
technical, scientific, or professional advice or service to, or in
cooperation with, such organization.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 628, Sept. 4, 1961, 75 Stat. 452.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1928, 2389 of this title.
-End-
-CITE-
22 USC Sec. 2389 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2389. Status and benefits of personnel assigned or detailed to
foreign governments or international organizations
-STATUTE-
(a) Allowances, privileges, rights, seniority, and other benefits
Any officer or employee, while assigned or detailed under section
2387 or 2388 of this title shall be considered, for the purpose of
preserving his allowances, privileges, rights, seniority, and other
benefits as such, an officer or employee of the United States
Government and of the agency of the United States Government from
which detailed or assigned, and he shall continue to receive
compensation, allowances, and benefits from funds appropriated to
that agency or made available to that agency under this chapter.
(b) Representation allowances
Any officer or employee assigned, detailed, or appointed under
section 2387, 2388, 2391, or 2384(d) (!1) of this title is
authorized to receive under such regulations as the President may
prescribe, representation allowances similar to those allowed under
section 4085 of this title. The authorization of such allowances
and other benefits and the payment thereof out of any
appropriations available therefor shall be considered as meeting
all the requirements of section 5536 of title 5.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 629, Sept. 4, 1961, 75 Stat. 452;
Pub. L. 87-565, pt. III, Sec. 302(d), Aug. 1, 1962, 76 Stat. 262;
Pub. L. 90-137, pt. III, Sec. 302(f), Nov. 14, 1967, 81 Stat. 460;
Pub. L. 96-465, title II, Sec. 2203(b), Oct. 17, 1980, 94 Stat.
2159.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
Section 2384(d) of this title, referred to in subsec. (b), was
repealed by Pub. L. 95-88, title I, Sec. 124(a)(1), Aug. 3, 1977,
91 Stat. 541.
-MISC1-
AMENDMENTS
1980 - Subsec. (b). Pub. L. 96-465 substituted "section 4085 of
this title" for "section 1131 of this title".
1967 - Subsec. (b). Pub. L. 90-137 substituted reference to
section 5536 of title 5 for former section 70 of title 5.
1962 - Subsec. (b). Pub. L. 87-565 substituted "2384(d)" for
"2384(e)".
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as
an Effective Date note under section 3901 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2390, 3422 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
22 USC Sec. 2390 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2390. Terms of detail or assignment of personnel
-STATUTE-
Details or assignments may be made under section 2387 or 2388 of
this title or section 1928 of this title -
(1) without reimbursement to the United States Government by
the foreign government or international organization;
(2) upon agreement by the foreign government or international
organization to reimburse the United States Government for
compensation, travel expenses, benefits and allowances, or any
part thereof, payable to the officer or employee concerned during
the period of assignment or detail; and such reimbursements
(including foreign currencies) shall be credited to the
appropriation, fund, or account utilized for paying such
compensation, travel expenses, benefits or allowances, or to the
appropriation, fund, or account currently available for such
purposes;
(3) upon an advance of funds, property, or services by the
foreign government or international organization to the United
States Government accepted with the approval of the President for
specified uses in furtherance of the purposes of this chapter;
and funds so advanced may be established as a separate fund in
the Treasury of the United States Government, to be available for
the specified uses, and to be used for reimbursement of
appropriations or direct expenditure subject to the provisions of
this chapter, any unexpended balance of such account to be
returned to the foreign government or international organization;
or
(4) subject to the receipt by the United States Government of a
credit to be applied against the payment by the United States
Government of its share of the expenses of the international
organization to which the officer or employee is detailed or
assigned, such credit to be based upon the compensation, travel
expenses, benefits and allowances, or any part thereof, payable
to such officer or employee during the period of detail or
assignment in accordance with section 2389 of this title.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 630, Sept. 4, 1961, 75 Stat. 452;
Pub. L. 89-171, pt. III, Sec. 302(e), Sept. 6, 1965, 79 Stat. 660.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in par. (3), was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-MISC1-
AMENDMENTS
1965 - Pub. L. 89-171 inserted "benefits" in pars. (2) and (4).
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2391 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2391. Missions and staffs abroad
-STATUTE-
(a) Authorization
The President may maintain special missions or staffs outside the
United States in such countries and for such periods of time as may
be necessary to carry out the purposes of this chapter. Each such
special mission or staff shall be under the direction of a chief.
(b) Appointment of mission chief and deputy; compensation
The chief and his deputy of each special mission or staff
carrying out the purposes of subchapter I of this chapter shall be
appointed by the President, and may, notwithstanding any other law,
be removed by the President at his discretion. Such chief shall be
entitled to receive such compensation and allowances as are
authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901 et
seq.], not to exceed those authorized for a chief of mission (as
defined in section 102(a)(3) (!1) of that Act [22 U.S.C.
3902(a)(3)]), as the President shall determine to be appropriate.
(c) Appointment of Chairman of Development Assistance Committee;
compensation
The President may appoint any United States citizen who is not an
employee of the United States Government or may assign any United
States citizen who is a United States Government employee to serve
as Chairman of the Development Assistance Committee or any
successor committee thereto of the Organization for Economic
Cooperation and Development upon election thereto by members of
said Committee, and, in his discretion, may terminate such
appointment or assignment, notwithstanding any other provision of
law. Such person may receive such compensation and allowances as
are authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901
et seq.], not to exceed those authorized for a chief of mission (as
defined in section 102(a)(3) (!1) of that Act [22 U.S.C.
3902(a)(3)]), as the President shall determine to be appropriate.
Such person (if not a United States Government employee who is
assigned to serve as Chairman) shall be deemed to be an employee of
the United States Government for purposes of chapters 81, 83, 87,
and 89 of title 5. Such person may also, in the President's
discretion, receive any other benefits and perquisites available
under this chapter to chiefs of special missions or staffs outside
the United States established under this section.
(d) Administration of assistance
Wherever practicable, especially in the case of the smaller
programs, assistance under subchapter I of this chapter shall be
administered under the direction of the Chief of the United States
Diplomatic Mission by the principal economic officer of the
mission.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 631, Sept. 4, 1961, 75 Stat. 453;
Pub. L. 88-205, pt. III, Sec. 302(d), Dec. 16, 1963, 77 Stat. 389;
Pub. L. 89-171, pt. III, Sec. 302(f), Sept. 6, 1965, 79 Stat. 660;
Pub. L. 95-92, Sec. 7(c), Aug. 4, 1977, 91 Stat. 617; Pub. L.
96-465, title II, Sec. 2203(c), (d), Oct. 17, 1980, 94 Stat. 2159.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (c), was in the
original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
The Foreign Service Act of 1980, referred to in subsecs. (b) and
(c), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended,
which is classified principally to chapter 52 (Sec. 3901 et seq.)
of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 3901 of this title and
Tables.
Section 102(a)(3) of that Act, referred to in subsecs. (b) and
(c), was redesignated section 102(3) pursuant to Pub. L. 98-164,
which struck out designation "(a)" and struck out subsec. (b) of
section 102.
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
AMENDMENTS
1980 - Subsec. (b). Pub. L. 96-465, Sec. 2203(c), among other
changes, substituted references to the Foreign Service Act of 1980
for references to the Foreign Service Act of 1946 and section
2385(d) of this title.
Subsec. (c). Pub. L. 96-465, Sec. 2203(d), among other changes,
substituted references to the Foreign Service Act of 1980, for
references to the Foreign Service Act of 1946, and inserted
provisions relating to employee status for purposes of chapters 81,
83, 87 and 89 of title 5.
1977 - Subsec. (d). Pub. L. 95-92 substituted reference to
subchapter I of this chapter for reference to this chapter and
struck out provisions requiring administration of assistance by the
senior military officer of the mission for assistance under
subchapter II of this chapter.
1965 - Subsec. (d). Pub. L. 89-171 added subsec. (d).
1963 - Subsec. (c). Pub. L. 88-205 added subsec. (c).
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as
an Effective Date note under section 3901 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC2-
FLAG AND GENERAL OFFICERS
Pub. L. 94-11, title I, Sec. 100, Mar. 26, 1975, 89 Stat. 20,
provided in part that: "The total number of flag and general
officers of the United States Armed Forces assigned or detailed to
military assistance advisory groups, military missions, or similar
organizations, or performing duties primarily with respect to the
Military Assistance Program and the Foreign Military Sales Program
shall not exceed twenty after May 1, 1975."
APPROVAL OF SECRETARY OF STATE
The maintenance of special missions or staffs abroad, the fixing
of ranks of chiefs thereof after the chiefs of United States
diplomatic missions, and authorization of same compensation and
allowances as chief of mission, as defined in section 3902(3) of
this title, all under this section, shall be subject to approval of
Secretary of State, see section 1-603 of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56677, as amended, set out as a note under
section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2389, 2396 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
22 USC Sec. 2392 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2392. Government agencies
-STATUTE-
(a) Allocation and transfer of funds
The President may allocate or transfer to any agency of the
United States Government any part of any funds available for
carrying out the purposes of this chapter, including any advance to
the United States Government by any country or international
organization for the procurement of commodities, defense articles,
military education and training, or services (including defense
services). Such funds shall be available for obligation and
expenditure for the purposes for which authorized, in accordance
with authority granted in this chapter or under authority governing
the activities of the agencies of the United States Government to
which such funds are allocated or transferred.
(b) Utilization of services and facilities of other agencies
Any officer of the United States Government carrying out
functions under this chapter may utilize the services (including
defense services) and facilities of, or procure commodities,
defense articles, or military education and training from, any
agency of the United States Government as the President shall
direct, or with the consent of the head of such agency, and funds
allocated pursuant to this subsection to any such agency may be
established in separate appropriation accounts on the books of the
Treasury.
(c) Reimbursement for commodities, services, and facilities
In the case of any commodity, service, or facility procured from
any agency of the United States Government to carry out subchapter
I of this chapter, reimbursement or payment shall be made to such
agency from funds available to carry out such subchapter. Such
reimbursement or payment shall be at replacement cost, or, if
required by law, at actual cost, or, in the case of services
procured from the Department of Defense to carry out part VIII of
subchapter I of this chapter, the amount of the additional costs
incurred by the Department of Defense in providing such services,
or at any other price authorized by law and agreed to by the owning
or disposing agency. The amount of any such reimbursement or
payment shall be credited to current applicable appropriations,
funds, or accounts, from which there may be procured replacements
of similar commodities, services, or facilities, except that where
such appropriations, funds, or accounts are not reimbursable except
by reason of this subsection, and when the owning or disposing
agency determines that such replacement is not necessary, any funds
received in payment therefor shall be deposited into the Treasury
as miscellaneous receipts.
(d) Reimbursement for military assistance
Except as otherwise provided in section 2318 of this title,
reimbursement shall be made to any United States Government agency,
from funds available for use under subchapter II of this chapter,
for any assistance furnished under subchapter II of this chapter,
from, by, or through such agency. Such reimbursement shall be in an
amount equal to the value (as defined in section 2403(m) of this
title) of the defense articles or of the defense services (other
than salaries of members of the Armed Forces of the United States),
or other assistance furnished, plus expenses arising from or
incident to operations under subchapter II of this chapter (other
than salaries of the Armed Forces of the United States and unfunded
estimated costs of civilian retirement and other benefits). The
amount of such reimbursement shall be credited to the current
applicable appropriations, funds, or accounts of such agency.
(e) Establishment of accounts
In furnishing assistance under this chapter, accounts may be
established on the books of any agency of the United States
Government or, on terms and conditions approved by the Secretary of
the Treasury, in banking institutions in the United States, (1)
against which letters of commitment may be issued which shall
constitute recordable obligations of the United States Government,
and moneys due or to become due under such letters of commitment
shall be assignable under the Assignment of Claims Act of 1940, as
amended (second and third paragraphs of 31 U.S.C. 203 (!1) and 41
U.S.C. 15), and (2) from which disbursements may be made to, or
withdrawals may be made by, recipient countries or agencies,
organizations, or persons upon presentation of contracts, invoices,
or other appropriate documentation. Expenditure of funds which have
been made available through accounts so established shall be
accounted for on standard documentation required for expenditure of
funds of the United States Government: Provided, That such
expenditures for commodities, defense articles, military education
and training, services (including defense services), or facilities
procured outside the United States may be accounted for exclusively
on such certification as may be prescribed in regulations approved
by the Comptroller General of the United States.
(f) Credits made by Export-Import Bank of the United States
Credits made by the Export-Import Bank of the United States with
funds allocated thereto under subsection (a) of this section or
under section 1782(a) (!1) of this title, shall not be considered
in determining whether the Bank has outstanding at any one time
loans and guaranties to the extent of the limitation imposed by
section 635e of title 12.
(g) Charge of expenses to appropriation or account
Any appropriation or account available to carry out provisions of
subchapter I of this chapter may initially be charged in any fiscal
year, within the limit of available funds, to finance expenses for
which funds are available in other appropriations or accounts under
subchapter I of this chapter: Provided, That as of the end of such
fiscal year such expenses shall be finally charged to applicable
appropriations or accounts with proper credit to the appropriations
or accounts initially utilized for financing purposes: Provided
further, That such final charge to applicable appropriations or
accounts shall not be required in the case of expenses (other than
those provided for under section 2397(a) of this title) incurred in
furnishing assistance by the agency primarily responsible for
administering subchapter I of this chapter where it is determined
that the accounting costs of identifying the applicable
appropriation or account to which such expenses should be charged
would be disproportionate to the advantage to be gained.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 632, Sept. 4, 1961, 75 Stat. 453;
Pub. L. 90-137, pt. III, Sec. 302(g), Nov. 14, 1967, 81 Stat. 460;
Pub. L. 90-267, Sec. 1(a), Mar. 13, 1968, 82 Stat. 47; Pub. L.
90-629, ch. 4, Sec. 45(b)(3), Oct. 22, 1968, 82 Stat. 1327; Pub. L.
94-329, title I, Sec. 106(b)(4), June 30, 1976, 90 Stat. 733; Pub.
L. 100-690, title IV, Sec. 4506, Nov. 18, 1988, 102 Stat. 4286;
Pub. L. 101-165, title IX, Sec. 9104(b)(2), Nov. 21, 1989, 103
Stat. 1152.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b), and (e), was in
the original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
The Assignment of Claims Act of 1940, as amended, referred to in
subsec. (e), is act Oct. 9, 1940, ch. 779, 54 Stat. 1029, as
amended, which added the second and third pars. to section 203 of
former Title 31, Money and Finance, and the second and third pars.
to section 15 of Title 41, Public Contracts. Section 203 of former
Title 31 was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982,
96 Stat. 1068, and reenacted by the first section thereof as
section 3727 of Title 31, Money and Finance. Such second and third
pars. were restated in section 3727(b) (last sentence) and (c) of
Title 31. The second and third pars. of section 15 of Title 41 were
redesignated subsecs. (b) and (c), respectively, of that section by
Pub. L. 103-355, title II, Sec. 2451, Oct. 13, 1994, 108 Stat.
3324.
Section 1782(a) of this title, referred to in subsec. (f), was
repealed by Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept. 4, 1961,
75 Stat. 460.
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE
SUCH PARTS
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
AMENDMENTS
1989 - Subsec. (d). Pub. L. 101-165 inserted at end of second
sentence "(other than salaries of the Armed Forces of the United
States and unfunded estimated costs of civilian retirement and
other benefits)".
1988 - Subsec. (c). Pub. L. 100-690 inserted "or, in the case of
services procured from the Department of Defense to carry out part
VIII of subchapter I of this chapter, the amount of the additional
costs incurred by the Department of Defense in providing such
services," after "at actual cost,".
1976 - Subsec. (a). Pub. L. 94-329, Sec. 106(b)(4)(A), inserted
"military education and training" after "articles".
Subsec. (b). Pub. L. 94-329, Sec. 106(b)(4)(B), substituted
"defense articles, or military education and training" for "and
defense articles".
Subsec. (e). Pub. L. 94-329, Sec. 106(b)(4)(A), inserted
"military education and training" after "articles".
1968 - Subsec. (d). Pub. L. 90-629 struck out references to
sections 2342 and 2343 of this title in the exception provision.
1967 - Subsec. (d). Pub. L. 90-137 substituted reference to
sections 2318, 2342, and 2343 for former reference to sections 2315
and 2318 of this title.
-CHANGE-
CHANGE OF NAME
"Export-Import Bank of Washington" changed to "Export-Import Bank
of the United States" in text to conform to such change in name in
the Export-Import Bank Act of 1945, section 635 et seq. of Title
12, Banks and Banking, provided for in section 1(a) of Pub. L.
90-267, Mar. 13, 1968, 82 Stat. 47.
-MISC2-
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-629 effective July 1, 1968, see section
41 of Pub. L. 90-629, set out as an Effective Date note under
section 2751 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC3-
ACCOUNTING ADJUSTMENTS BETWEEN APPROPRIATIONS
Charge of expenses to appropriation or account not affected by
provisions for accounting adjustments between appropriations, see
section 3 of Pub. L. 89-473, June 29, 1966, 80 Stat. 221, set out
as a note under section 628a of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2194, 2321j, 2347c, 2403
of this title; title 10 section 2211.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
22 USC Sec. 2393 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2393. Waiver of certain laws
-STATUTE-
(a) Contracts and expenditure of funds
Whenever the President determines it to be in furtherance of the
purposes of this chapter, the functions authorized under this
chapter may be performed without regard to such provisions of law
(other than the Renegotiation Act of 1951, as amended (50 U.S.C.
App. 1211 et seq.) regulating the making, performance, amendment,
or modification of contracts and the expenditure of funds of the
United States Government as the President may specify.
(b) Neutrality laws
The functions authorized under subchapter II of this chapter may
be performed without regard to such provisions as the President may
specify of subchapter II of chapter 9 of this title.
(c) Assignment of personnel
Notwithstanding the provisions of sections 3544(b) and 8544(b)
(!1) of title 10, personnel of the Department of Defense may be
assigned or detailed to any civil office to carry out this chapter.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 633, Sept. 4, 1961, 75 Stat. 454.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
The Renegotiation Act of 1951, as amended, referred to in subsec.
(a), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which
was classified principally to section 1211 et seq. of Title 50,
Appendix, War and National Defense, prior to its omission from the
Code. See note preceding section 1211 of Title 50, Appendix.
Sections 3544 and 8544 of title 10, referred to in subsec. (c),
were repealed by Pub. L. 90-235, Sec. 4(a)(6), Jan. 2, 1968, 81
Stat. 759.
-MISC1-
REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter II of this chapter are deemed to exclude
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II, and references to
subchapter I of this chapter are deemed to include such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-EXEC-
EXECUTIVE ORDER NO. 10784
Ex. Ord. No. 10784, Oct. 1, 1958, 23 F.R. 7691, as amended by Ex.
Ord. No. 10845, Oct. 12, 1959, 24 F.R. 8317, which specified laws
from which functions authorized by this chapter shall be exempt,
was superseded by Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635,
set out below.
EXECUTIVE ORDER NO. 10845
Ex. Ord. No. 10845 of Oct. 12, 1959, setting out laws from which
authorized functions were exempt, was superseded by Ex. Ord. No.
11223, May 12, 1965, 30 F.R. 6635, set out below.
EX. ORD. NO. 11223. SPECIFICATION OF LAWS FROM WHICH FUNCTIONS
AUTHORIZED BY THIS CHAPTER SHALL BE EXEMPT
Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, as amended by Ex.
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673; Ex. Ord. No. 12178,
Dec. 10, 1979, 44 F.R. 71807; Ex. Ord. No. 13118, Sec. 10(10), Mar.
31, 1999, 64 F.R. 16599, provided:
By virtue of the authority vested in me by Section 633 of the
Foreign Assistance Act of 1961, as amended, 75 Stat. 454 (22 U.S.C.
2393), it is hereby determined that, to the extent hereinafter
indicated, the performance of functions authorized by that Act, as
amended, and any predecessor legislation, without regard to the
laws specified in the numbered subdivisions of Sections 1 and 2 of
this order and without regard to consideration as specified in
Sections 3 and 4 of this order will further the purposes of the
Foreign Assistance Act of 1961, as amended [this chapter]:
Section 1. With respect to functions authorized by the Foreign
Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), and
any predecessor legislation except those functions exercised by the
Department of Defense under authority of Sections 621 and 623 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2381 and 2383):
(1) The Act of March 26, 1934, 48 Stat. 500, as amended (15
U.S.C. 616a).
(2) Section 3648 of the Revised Statutes, as amended, 60 Stat.
809 (31 U.S.C. 529) [31 U.S.C. 3324].
(3) Section 305 of the Federal Property and Administrative
Services Act of 1949, 63 Stat. 396, as amended (41 U.S.C. 255).
(4) Section 3709 of the Revised Statutes, as amended (41 U.S.C.
5).
(5) Section 3710 of the Revised Statutes (41 U.S.C. 8).
(6) Section 2 of title III of the Act of March 3, 1933, 47 Stat.
1520 (41 U.S.C. 10a).
(7) Section 3735 of the Revised Statutes (41 U.S.C. 13).
(8) Section 304(c) of the Federal Property and Administrative
Services Act of 1949, as added by the Act of October 31, 1951, 65
Stat. 700 (41 U.S.C. 254(c)), but only with respect to contracts
entered into with foreign governments or agencies thereof for the
rendering of services to the United States or an agency thereof
within the continental limits of the United States.
(9) Section 901(a) of the Merchant Marine Act, 1936, 49 Stat.
2015 as amended (46 [App.] U.S.C. 1241(a)).
Sec. 2. With respect to purchases authorized to be made outside
the limits of the United States or the District of Columbia under
the Foreign Assistance Act of 1961, as amended [this chapter], and
any predecessor legislation:
(1) [Former] Section 2276(a) of title 10 of the United States
Code.
(2) Section 2313(b) of title 10 of the United States Code.
(3) Section 304(c) of the Federal Property and Administrative
Services Act of 1949, as added by the Act of October 31, 1951, 65
Stat. 700 (41 U.S.C. 254(c)).
(4) Section 1301 of the Second War Powers Act, 1942, 56 Stat. 185
(50 U.S.C. App. 643), as extended by the provisions of the Act of
June 30, 1953, 67 Stat. 120.
(5) Section 3(b) of the Act of August 28, 1958, 72 Stat. 972 (50
U.S.C. 1433(b)), but only with respect to contracts in which the
inclusion of the clause required by Section 3(b), or the compliance
with that clause, if included in a contract, is deemed by the
executive or military department concerned to be impracticable.
Sec. 3. With respect to cost-type contracts heretofore or
hereafter made with non-profit institutions under which no fee is
charged or paid, amendments and modifications of such contracts may
be made with or without consideration and may be utilized to
accomplish the same things as any original contract could have
accomplished, irrespective of the time or circumstances of the
making, or the form of the contract amended or modified, or of the
amending or modifying contract and irrespective of rights which may
have accrued under the contract or the amendments or modifications
thereof.
Sec. 4. With respect to contracts heretofore or hereafter made,
other than those described in Section 3 of this order, amendments
and modifications of such contracts may be made with or without
consideration and may be utilized to accomplish the same things as
any original contract could have accomplished, irrespective of the
time or circumstances of the making, or the form of the contract
amended or modified, or of the amending or modifying contract, and
irrespective of rights which may have accrued under the contract or
the amendments or modifications thereof, if the Secretary of State
or the Administrator of the United States Agency for International
Development (with respect to functions vested in or delegated to
the Administrator) determines in each case that such action is
necessary to protect the foreign policy interests of the United
States.
Sec. 5. Executive Order No. 10784 of October 1, 1958, and
Executive Order No. 10845 of October 12, 1959, are hereby
superseded.
Sec. 6. I determine it to be in furtherance of the purposes of
the Foreign Assistance Act of 1961, as amended [22 U.S.C. 2151 et
seq.], and in the national security interest of the United States
that the functions authorized by chapter 7 of Part II of that Act
[22 U.S.C. 2349 et seq.], relating to air base construction in
Israel, be performed without regard to the following additional
specified provisions of law:
(1) Title IX of the Federal Property and Administration Services
Act of 1949, as amended (40 U.S.C. 541-544) [now 40 U.S.C.
1101-1104];
(2) Section 612 of the Military Construction Authorization Act,
1967, as amended (31 U.S.C. 723a) [10 U.S.C. 2661a(b)];
(3) Section 719 of the Defense Production Act of 1950, as amended
(50 U.S.C. App. 2168); and
(4) Section 111 of the Federal Property and Administrative
Services Act of 1949, as amended ([former] 40 U.S.C. 759).
DETERMINATION UNDER THIS SECTION WAIVING REQUIREMENTS WITH RESPECT
TO CLOSE OUT OF PRIOR YEAR APPROPRIATIONS ACCOUNTS
Determination of President of the United States, No. 91-21, Feb.
27, 1991, 56 F.R. 10771, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 633(a) of the
Foreign Assistance Act of 1961, as amended (the "Act"), 22 U.S.C.
2393(a), I hereby determine it to be in furtherance of the purposes
of the Act [22 U.S.C. 2151 et seq.] that the functions authorized
by the Act be performed without regard to section 1405 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510) [amending sections 1551 to 1557 of Title 31, Money and
Finance, repealing section 2782 of Title 10, Armed Forces, and
enacting provisions set out as a note under section 1551 of Title
31], and amendments contained therein.
This determination shall apply only to funds appropriated to
carry out the provisions of the Act that were appropriated for
fiscal year 1984 and for prior fiscal years, and shall suspend the
application of the provisions of section 1405 of the National
Defense Authorization Act for Fiscal Year 1991, and amendments
contained therein, through September 30, 1992.
You are authorized and directed to publish this determination in
the Federal Register.
George Bush.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2349b of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
22 USC Sec. 2393a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2393a. Requests by General Accounting Office and Congressional
committees for documents and materials
-STATUTE-
None of the funds made available pursuant to the provisions of
this chapter shall be used to carry out any provision of this
chapter in any country or with respect to any project or activity,
after the expiration of the thirty-five-day period which begins on
the date the General Accounting Office or any committee of the
Congress charged with considering legislation, appropriations or
expenditures under this chapter, has delivered to the office of the
head of any agency carrying out such provision, a written request
that it be furnished any document, paper, communication, audit,
review, finding, recommendation, report, or other material in its
custody or control relating to the administration of such provision
in such country or with respect to such project or activity, unless
and until there has been furnished to the General Accounting
Office, or to such committee, as the case may be, (1) the document,
paper, communication, audit, review, finding, recommendation,
report, or other material so requested, or (2) a certification by
the President that he has forbidden the furnishing thereof pursuant
to request and his reason for so doing.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 633A, as added Pub. L. 95-424, title
V, Sec. 502(a)(1), Oct. 6, 1978, 92 Stat. 957.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-COD-
CODIFICATION
This section was formerly classified to subsec. (c) of section
2394 of this title prior to the complete revision of section 2394
of this title by Pub. L. 95-424, title V, Sec. 502(a)(2), Oct. 6,
1978, 92 Stat. 957.
-MISC1-
EFFECTIVE DATE
Section effective Oct. 1, 1978, see section 605 of Pub. L.
95-424, set out as an Effective Date of 1978 Amendment note under
section 2151 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2394 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2394. Reports and information; definitions
-STATUTE-
(a) Annual report to Congress on programs having impact on
developing countries; contents
In order that the Congress and the American people may be better
and more currently informed regarding American foreign policy and
the effectiveness of assistance provided by the United States
Government to other countries and to international organizations,
the Chairman of the Development Coordination Committee shall
prepare and transmit to the Congress, no later than February 1 of
each year, as a part of the annual presentation materials for
foreign assistance, a report as described in this subsection. This
report shall include -
(1)(A) a comprehensive and coordinated review of all United
States policies and programs having a major impact on the
development of developing countries, including but not limited to
bilateral and multilateral assistance, trade, debt, employment,
food, energy, technology, population, oceans, environment, human
settlements, natural resources, and participation in
international agencies concerned with development;
(B) an assessment of the impact of such policies and programs
on the well-being of the poor majority in developing countries in
accordance with the policy objectives of part I of subchapter I
of this chapter, including increasing life expectancy and
literacy, lowering infant mortality and birth rates, and
increasing food production and employment, such assessment to
include an evaluation of the extent to which programs under part
I of subchapter I of this chapter directly benefit the poor
majority; and
(C) an assessment of the impact of such policies and programs
on economic conditions in the United States, including but not
limited to employment, wages, and working conditions;
(2) the dollar value of all foreign assistance and guaranties
by category and by country provided or made by the United States
Government by any means to all foreign countries and
international organizations -
(A) from 1946 to the fiscal year immediately preceding the
fiscal year for which the report is required;
(B) as presented to Congress for the immediate preceding
fiscal year;
(C) as obligated during the immediately preceding fiscal
year;
(D) as planned for the fiscal year in which the report is
presented;
(E) as proposed for the fiscal year following the year in
which the report is presented; and
(F) of any contract in excess of $100,000 administered by the
Agency for International Development which was entered into in
the preceding fiscal year without competitive selection
procedures, and the reasons for doing so;
(3) a summary of repayments, by country, to the United States
from previous foreign assistance loans;
(4) the status of each sale of agricultural commodities on
credit terms theretofore made under the Agricultural Trade
Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.]
with respect to which there remains outstanding any unpaid
obligation; and the status of each transaction with respect to
which a loan, contract or guarantee of insurance, or extension of
credit (or participation therein) was theretofore made under the
Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] with
respect to which there remains outstanding any unpaid obligation
or potential liability; except that such report shall include
individually only any loan, contract, sale, extension of credit,
or other transactions listed in this paragraph which is in excess
of $1,000,000;
(5)(A) the status of the debt servicing capacity of each
country receiving assistance under this chapter;
(B) all forms of debt relief granted by the United States with
respect to such countries, together with a detailed statement of
the specific debt relief granted with respect to each such
country and the purpose for which it was granted; and
(C) a summary of the net aid flow from the United States to
such countries, taking into consideration the debt relief granted
by the United States;
(6) the dollar value of all official development assistance,
security assistance, international disaster assistance, refugee
assistance, and international narcotics control assistance
provided by each government of a country which is a member of the
Organization for Economic Cooperation and Development or of the
Organization of Petroleum Exporting Countries;
(7) the percentage which each type of assistance described in
paragraph (6) represents of (A) the gross national product of
each country referred to in paragraph (6), and (B) the budget of
the government of such country, as well as the per capita
contribution for each country for each type of assistance
described in paragraph (6);
(8) the amount of all foreign currencies acquired without
payment of dollars on hand of each foreign country as of
September 30 of the preceding fiscal year;
(9) the Development Coordination Committee's operations
pursuant to section 2399c(f) of this title;
(10) the aggregate dollar value and quantity of grant military
assistance, military education and training, and any other
defense articles and services furnished under this chapter by the
United States to each foreign country and international
organization for the preceding fiscal year;
(11) information concerning the activities of the Minority
Resource Center during the preceding fiscal year; and
(12) other information appropriate to the conduct of the
foreign assistance program of the United States Government.
(b) "Foreign assistance" and "provided by the United States
Government" defined
For purposes of this section -
(1) "foreign assistance" means any tangible or intangible item
provided by the United States Government to a foreign country or
international organization under this chapter or any other Act,
including but not limited to any training, service, or technical
advice, any item of real, personal, or mixed property, any
agricultural commodity, United States dollars, and any currencies
of any foreign country which are owned by the United States
Government; and
(2) "provided by the United States Government" includes, but is
not limited to, foreign assistance provided by means of gift,
loan, sale, credit, or guaranty.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 634, Sept. 4, 1961, 75 Stat. 455;
Pub. L. 87-565, pt. III, Sec. 302(e), (f), Aug. 1, 1962, 76 Stat.
262; Pub. L. 89-583, pt. III, Sec. 302(c), Sept. 19, 1966, 80 Stat.
807; Pub. L. 90-137, pt. III, Sec. 302(h), Nov. 14, 1967, 81 Stat.
460; Pub. L. 90-629, ch. 4, Sec. 45(a), (b)(4), Oct. 22, 1968, 82
Stat. 1327; Pub. L. 91-175, pt. III, Sec. 305, Dec. 30, 1969, 83
Stat. 821; Pub. L. 92-226, pt. III, Sec. 304(a)(3), (c)(2), Feb. 7,
1972, 86 Stat. 28, 32; Pub. L. 93-189, Sec. 17, Dec. 17, 1973, 87
Stat. 724; Pub. L. 93-559, Sec. 14, Dec. 30, 1974, 88 Stat. 1799;
Pub. L. 94-273, Sec. 6(1), Apr. 21, 1976, 90 Stat. 377; Pub. L.
94-329, title II, Sec. 209(b), June 30, 1976, 90 Stat. 739; Pub. L.
95-424, title V, Sec. 502(a)(1), (2), Oct. 6, 1978, 92 Stat. 957;
Pub. L. 96-533, title VII, Sec. 707, Dec. 16, 1980, 94 Stat. 3159;
Pub. L. 97-113, title VII, Sec. 733, Dec. 29, 1981, 95 Stat. 1559;
Pub. L. 99-83, title III, Sec. 312(b), Aug. 8, 1985, 99 Stat. 216.)
-REFTEXT-
REFERENCES IN TEXT
The Agricultural Trade Development and Assistance Act of 1954,
referred to in subsec. (a)(4), is act July 10, 1954, ch. 469, 68
Stat. 454, as amended, which is classified principally to chapter
41 (Sec. 1691 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set
out under section 1691 of Title 7 and Tables.
The Export-Import Bank Act of 1945, referred to in subsec.
(a)(4), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended,
which is classified generally to subchapter I (Sec. 635 et seq.) of
chapter 6A of Title 12, Banks and Banking. For complete
classification of this Act to the Code, see Short Title note set
out under section 635 of Title 12 and Tables.
This chapter, referred to in subsecs. (a)(5)(A), (10), (b)(1),
was in the original "this Act", meaning Pub. L. 87-195, Sept. 4,
1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act
of 1961. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and
Tables.
-MISC1-
REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293
References to part I of subchapter I of this chapter are deemed
to include a reference to section 2293 of this title. See section
2293(d)(1) of this title.
-COD-
CODIFICATION
Prior to the complete revision of this section by section
502(a)(2) of Pub. L. 95-424, section 501(a)(1) of Pub. L. 95-424
redesignated former subsec. (c), relating to requests by the
General Accounting Office and Congressional committees for
documents and other material, as section 2393a of this title.
-MISC2-
AMENDMENTS
1985 - Subsec. (a)(1)(B). Pub. L. 99-83 inserted provisions
relating to evaluation of whether programs are benefiting the poor
majority.
1981 - Subsec. (a). Pub. L. 97-113, Sec. 733(1), substituted
provision requiring information regarding American foreign policy
and effectiveness of assistance to other countries for provision
requiring information regarding United States development policy
and effectiveness of assistance to developing countries and
provision directing the Chairman prepare and transmit to Congress
as part of the annual presentation materials for foreign assistance
a report as described in this subsection for provision directing
the Chairman to transmit a report on foreign assistance for the
fiscal year ending the previous Sept. 30.
Subsec. (a)(1)(B). Pub. L. 97-113, Sec. 733(2), struck out "the
progress developing countries are making toward achieving those
objectives which are indicative of improved well-being of the poor
majority, which objectives shall include but not be limited to"
before "increasing life expectancy and literacy".
Subsec. (a)(2)(F). Pub. L. 97-113, Sec. 733(3), added subpar.
(F).
Subsec. (a)(4). Pub. L. 97-113, Sec. 733(4), struck out
requirement that the report include the status of each loan and
each contract of guaranty or insurance theretofore made under this
chapter, predecessor Acts, or any Act authorizing international
security assistance, with respect to which there remained
outstanding any unpaid obligation or potential liability, and the
status of each extension of credit for the procurement of defense
articles or defense services, and of each contract of guarantee in
connection with any such procurement, theretofore made under the
Arms Export Control Act with respect to which there remained
outstanding any unpaid obligation or potential liability.
Subsec. (a)(7). Pub. L. 97-113, Sec. 733(5), struck out "and"
after the semicolon.
Subsec. (a)(8). Pub. L. 97-113, Sec. 733(6), substituted
provision that the report contain the amount of all foreign
currencies acquired without payment of dollars on hand of each
foreign country as of Sept. 30 of the preceding fiscal year for
provision that the report contain such other matters relating to
foreign assistance provided under subchapter I of this chapter as
the Chairman of the Development Coordination Committee considers
appropriate.
Subsec. (a)(9) to (12). Pub. L. 97-113, Sec. 733(6), added pars.
(9) to (12).
1980 - Subsec. (a)(6) to (8). Pub. L. 96-533 added pars. (6) and
(7) and redesignated former par. (6) as (8).
1978 - Subsec. (a). Pub. L. 95-424, Sec. 502(a)(2), added subsec.
(a).
Subsec. (b). Pub. L. 95-424, Sec. 502(a)(2), substituted
definitions of "foreign assistance" and "provided by the United
States Government" for provisions requiring public disclosure of
all information concerning operations under this chapter except
that which is deemed incompatible with the Security of the United
States.
Subsec. (c). Pub. L. 95-424, Sec. 502(a)(1), struck out "(c)" at
beginning of subsection and transferred the remainder of subsection
to section 2393a of this title.
Subsecs. (d) to (h). Pub. L. 95-424, Sec. 502(a)(2), struck out
subsecs. (d), relating to presentation of programs to Congressional
committees; (e), relating to inclusion of a specific plan in the
President's recommendations to Congress; (f), relating to a report
by the President to Congress showing the status of each outstanding
loan; (g), relating to a report by the President to Congress
showing debt-servicing problems; and (h), relating to military
assistance to South Vietnam, Thailand, and Laos.
1976 - Subsec. (d). Pub. L. 94-329 struck out provisions under
which sales pursuant to the Foreign Assistance Act of 1961 or any
other Act were included in the enumeration of factors used in
developing, for purpose of presentation material, a chart showing
the full extent of United States assistance planned or expected for
each such country for the next fiscal year.
Subsec. (f). Pub. L. 94-273 substituted "September" for "June"
and "March" for "December".
1974 - Subsec. (d). Pub. L. 93-559 substituted in item (1)
respecting presentation material "economic assistance, military
grants (and including for any such grant of any excess defense
article, the value of such article expressed in terms of its
acquisition cost to the United States), and military sales" for
"economic assistance and military grants and sales".
1973 - Subsec. (f). Pub. L. 93-189 inserted references to
contracts of guarantee or insurance, the status of sales of defense
articles or defense services on credit terms, the status of sales
of agricultural commodities on credit terms, and the status of
loans, contracts of guarantee or insurance, or extensions of credit
(or participations therein) made under the Export-Import Bank Act
of 1945, and inserted provisions limiting the reporting requirement
of the subsection so as to include only loans, contracts, sales,
extensions of credit, or other transactions in excess of
$1,000,000.
Subsec. (g). Pub. L. 93-189 added subsec. (g).
1972 - Subsec. (a). Pub. L. 92-226, Sec. 304(c)(2), struck out
provisions for annual report to Congress concerning operations
under this chapter, including information on the progress of the
freedom of navigation and nondiscrimination declaration. See annual
foreign assistance report provisions of section 2417 of this title.
Subsec. (d). Pub. L. 92-226, Sec. 304(a)(3), substituted in last
sentence reference to section "2360(b)" for prior reference to
sections "2360, 2364(a)".
1969 - Subsec. (a). Pub. L. 91-175 excluded operations reported
to Congress pursuant to section 2200a of this title from report
required by this section, and struck out of last sentence reference
to the operation of the investment guaranty program.
1968 - Subsec. (d). Pub. L. 90-629, Sec. 45(b)(4), required the
presentation material to include in the chart foreign assistance
data under any other Act.
Subsec. (g). Pub. L. 90-629, Sec. 45(a), repealed provisions of
subsec. (g) which related to exports of defense articles, contents
of reports, and utilization of statistics and information of
Government agencies, and is now covered by section 2776(a) of this
title.
1967 - Subsec. (d). Pub. L. 90-137, Sec. 302(h)(1), inserted
introductory provision for presentation of programs to
Congressional Committees in connection with requests for
appropriations for fiscal year 1969, penultimate provision for
inclusion of foreign assistance data (an assistance chart,
contribution details, and a statement of projects), and provision
for notification as to findings and reasons therefor under section
2311 or 2341(c) of this title.
Subsecs. (g), (h). Pub. L. 90-137, Sec. 302(h)(2), added subsecs.
(g) and (h).
1966 - Subsec. (f). Pub. L. 89-583 added subsec. (f).
1962 - Subsec. (a). Pub. L. 87-565, Sec. 302(e), required reports
to include information on progress under the freedom of navigation
and nondiscriminatory declaration contained in section 2151 of this
title.
Subsec. (d). Pub. L. 87-565, Sec. 302(f), substituted "At the end
of each fiscal year" and "fiscal year" for "In January of each
year" and "preceding twelve months", respectively, and provided
that the presentation material submitted to Congress during its
consideration of amendments to this chapter, or of any Act
appropriating funds pursuant to authorizations contained in this
chapter, should include a comparison of the current fiscal year
programs and activities with those presented to Congress in the
previous year and an explanation of any substantial changes.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
605 of Pub. L. 95-424, set out as a note under section 2151 of this
title.
EFFECTIVE DATE OF 1972 AMENDMENT
Section 304(c)(3) of Pub. L. 92-226 provided that: "The
provisions of this subsection [amending this section and section
2403 of this title] and section 657 of such Act [section 2417 of
this title], as added by subsection (b) of this Act [this section],
shall apply with respect to each fiscal year commencing on or after
July 1, 1971."
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-629 effective July 1, 1968, see section
41 of Pub. L. 90-629, set out as an Effective Date note under
section 2751 of this title.
SAVINGS PROVISION
Determinations, authorizations, regulations, orders, contracts,
agreements, and other actions issued, undertaken, or entered into
under authority of any provision of former subsec. (g) of this
section as continuing in full force and effect until modified by
appropriate authority, see section 46 of Pub. L. 90-629, set out as
a note under former section 2341 of this title.
ANNUAL REPORT ON ECONOMIC AND SOCIAL GROWTH
Pub. L. 104-107, title V, Sec. 574, Feb. 12, 1996, 110 Stat. 749,
required the President to submit to the appropriate congressional
committees an annual report providing a concise overview of the
prospects for economic and social growth in countries receiving
economic assistance under title II of Pub. L. 104-107, prior to
repeal by Pub. L. 107-228, div. A, title VI, Sec. 671(2), Sept. 30,
2002, 116 Stat. 1407.
PROGRESS REPORT OF IMPLEMENTATION OF IMMUNIZATION AND ORAL
REHYDRATION PROMOTION PROGRAMS
Annual report under this section to describe progress achieved
during preceding fiscal year in carrying out section 2151b(c)(3) of
this title, see section 305(b) of Pub. L. 99-83, set out as a note
under section 2151b of this title.
NEGOTIATING EFFORTS CONCERNING ACCELERATED LOAN REPAYMENTS TO BE
INCLUDED IN ANNUAL REPORTS FOR FOREIGN ASSISTANCE FOR 1980 AND 1981
Annual reports on foreign assistance submitted in 1980 and 1981
pursuant to this section to contain negotiating efforts respecting
accelerated loan repayments under section 2151y of this title, see
section 508(b) of Pub. L. 96-53, set out as a note under section
2151y of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2151p-1, 2151q, 2291a,
2321j, 2765, 2785 of this title.
-End-
-CITE-
22 USC Sec. 2394-1 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2394-1. Notification of program changes
-STATUTE-
(a) Covered programs; content of notifications
None of the funds appropriated to carry out the purposes of this
chapter (except for programs under subpart III or subpart IV of
part II of subchapter I of this chapter, part V of subchapter I of
this chapter, and programs of disaster relief and rehabilitation)
or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may be
obligated for any activities, programs, projects, types of materiel
assistance, countries, or other operations not justified, or in
excess of the amount justified, to the Congress for obligation
under this chapter or the Arms Export Control Act for any fiscal
year unless the Committee on Foreign Relations of the Senate, the
Committee on Foreign Affairs of the House of Representatives, and
the Committee on Appropriations of each House of the Congress are
notified fifteen days in advance of such obligation. Whenever a
proposed reprograming exceeds $1,000,000 and the total amount
proposed for obligation for a country under this chapter in a
fiscal year exceeds by more than $5,000,000 the amount specified
for that country in the report required by section 2413(a) of this
title, notifications of such proposed reprogramings shall specify -
(1) the nature and purpose of such proposed obligation, and
(2) to the extent possible at the time of the proposed
obligation, the country for which such funds would otherwise have
been obligated.
(b) Exceptions
The notification requirement of this section does not apply to
the reprogramming -
(1) of funds to be used for an activity, program, or project
under part I of subchapter I of this chapter if the amounts to be
obligated for that activity, program, or project for that fiscal
year do not exceed by more than 10 percent the amount justified
to the Congress for that activity, program, or project for that
fiscal year; or
(2) of less than $25,000 to be used under part VIII of
subchapter I of this chapter, or under part V of subchapter II of
this chapter, for a country for which a program under that part
for that fiscal year was justified to the Congress.
(c) Funds in the International Affairs Budget Function;
reprogramming
The President shall notify the chairman of the Committee on
Foreign Relations of the Senate and the chairman of the Committee
on Foreign Affairs of the House of Representatives concerning any
reprogramming of funds in the International Affairs Budget
Function, the authorizations of appropriations for which are in
their respective jurisdictions, to the same degree and with the
same conditions as the President notifies the Committees on
Appropriations. The requirements of this subsection are in addition
to, and not in lieu of, other notification requirements.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 634A, formerly Sec. 671, as added
Pub. L. 95-88, title I, Sec. 130, Aug. 3, 1977, 91 Stat. 543;
renumbered Sec. 634A, Pub. L. 95-424, title V, Sec. 502(b), Oct. 6,
1978, 92 Stat. 959; amended Pub. L. 97-113, title VII, Sec. 704,
Dec. 29, 1981, 95 Stat. 1544; Pub. L. 99-83, title XII, Sec.
1209(a), Aug. 8, 1985, 99 Stat. 278; Pub. L. 103-437, Sec. 9(a)(6),
Nov. 2, 1994, 108 Stat. 4588.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsec. (a), is Pub.
L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
classified principally to chapter 39 (Sec. 2751 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2751 of this title and
Tables.
-MISC1-
REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293
References to part I of subchapter I of this chapter are deemed
to include a reference to section 2293 of this title. See section
2293(d)(1) of this title.
-COD-
CODIFICATION
Section was formerly classified to section 2429b of this title.
-MISC2-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-437 substituted "Foreign Affairs"
for "International Relations" in introductory provisions.
1985 - Pub. L. 99-83 designated existing provisions as subsec.
(a), inserted references to the Arms Export Control Act in two
places, and added subsecs. (b) and (c).
1981 - Pub. L. 97-113 inserted provision respecting notification
of proposed reprograming of assistance.
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC3-
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 287e-2, 2152b, 2194,
2274, 2778, 2291, 2291-5, 2291a, 2291c, 2291e, 2291g, 2291j, 2293,
2295b, 2295c, 2318, 2321h, 2321j, 2346c, 2394aa-2, 2420, 2763,
2799c, 5476, 5605, 6039, 6062, 6063, 7102, 7536 of this title.
-End-
-CITE-
22 USC Sec. 2394-1a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2394-1a. Classification of reports
-STATUTE-
All information contained in any report transmitted under this
chapter shall be public information. However, in the case of any
item of information to be included in any such report that the
President, on an extraordinary basis, determines is clearly
detrimental to the security of the United States, he shall explain
in a supplemental report why publication of each specific item
would be detrimental to the security of the United States. A
supplemental report shall be transmitted to the Congress at the
time the report is transmitted.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 634B, as added Pub. L. 95-424, title
V, Sec. 502(c), Oct. 6, 1978, 92 Stat. 959.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-MISC1-
EFFECTIVE DATE
Section effective Oct. 1, 1978, see section 605 of Pub. L.
95-424, set out as an Effective Date of 1978 Amendment note under
section 2151 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2394a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2394a. Extortion and illegal payments to officials of foreign
countries receiving international security assistance
-STATUTE-
Within 60 days after receiving information which substantiates
that officials of a foreign country receiving international
security assistance have (1) received illegal or otherwise improper
payments from a United States corporation in return for a contract
to purchase defense articles or services from such corporation, or
(2) extorted, or attempted to extort, money or other things of
value in return for actions by officials of that country that
permit a United States citizen or corporation to conduct business
in that country, the President shall submit to Congress a report
outlining the circumstances of such payment or extortion. The
report shall contain a recommendation from the President as to
whether the United States should continue a security assistance
program for that country.
-SOURCE-
(Pub. L. 94-329, title VI, Sec. 607, June 30, 1976, 90 Stat. 768.)
-COD-
CODIFICATION
Section was not enacted as part of Pub. L. 87-195, Sept. 4, 1961,
75 Stat. 424, known as the Foreign Assistance Act of 1961, which
comprises this chapter.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2395 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2395. General authorities
-STATUTE-
(a) Manner of furnishing assistance; emphasis on loans
Except as otherwise specifically provided in this chapter,
assistance under this chapter may be furnished on a grant basis or
on such terms, including cash, credit, or other terms of repayment
(including repayment in foreign currencies or by transfer to the
United States Government of commodities) as may be determined to be
best suited to the achievement of the purposes of this chapter, and
shall emphasize loans rather than grants wherever possible.
(b) Authority of the President
The President may make loans, advances, and grants to, make and
perform agreements and contracts with, or enter into other
transactions with, any individual, corporation, or other body of
persons, friendly government or government agency, whether within
or without the United States, and international organizations in
furtherance of the purposes and within the limitations of this
chapter.
(c) Utilization of services and facilities of voluntary, nonprofit
organizations
It is the sense of Congress that the President, in furthering the
purposes of this chapter, shall use to the maximum extent
practicable the services and facilities of voluntary, nonprofit
organizations registered with, and approved by, the Agency for
International Development.
(d) Acceptance of gifts, devises, bequests, grants, etc.
The President may accept and use in furtherance of the purposes
of this chapter, money, funds, property, and services of any kind
made available by gift, devise, bequest, grant, or otherwise for
such purpose.
(e) Health and accident insurance for foreign participants and
foreign employees
(1) Any agency of the United States Government is authorized to
pay the cost of health and accident insurance for foreign
participants in any program of furnishing technical information and
assistance administered by such agency while such participants are
absent from their homes for the purpose of participation in such
program.
(2) Any agency of the United States Government is authorized to
pay the cost of health and accident insurance for foreign employees
of that agency while those employees are absent from their place of
employment abroad for purposes of training or other official
duties.
(f) Admission of alien participants
Alien participants in any program of furnishing technical
information and assistance under this chapter may be admitted to
the United States if otherwise qualified as nonimmigrants under
section 1101(a)(15) of title 8, for such time and under such
conditions as may be prescribed by regulations promulgated by the
Secretary of State and the Attorney General.
(g) Powers and authorities of the President with respect to loans
In making loans under this chapter, the President -
(1) may issue letters of credit and letters of commitment;
(2) may collect or compromise any obligations assigned to, or
held by, and any legal or equitable rights accruing to him, and,
as he may determine, refer any such obligations or rights to the
Attorney General for suit or collection;
(3) may acquire and dispose of, upon such terms and conditions
as he may determine, any property, including any instrument
evidencing indebtedness or ownership (provided that equity
securities may not be directly purchased although such securities
may be acquired by other means such as by exercise of conversion
rights or through enforcement of liens or pledges or otherwise to
satisfy a previously incurred indebtedness), and guarantee
payment against any such instrument;
(4) may determine the character of, and necessity for,
obligations and expenditures of funds used in making such loans
and the manner in which they shall be incurred, allowed, and
paid, subject to provisions of law specifically applicable to
corporations of the United States Government; and
(5) shall cause to be maintained an integral set of accounts
which shall be audited by the General Accounting Office in
accordance with principles and procedures applicable to
commercial corporate transactions as provided by chapter 91 of
title 31.
(h) Term of contracts and agreements
A contract or agreement which entails commitments for the
expenditure of funds made available under part I (except
development loans) and subpart II of part II of subchapter I and
under subchapter II of this chapter, may, subject to any future
action of the Congress, extend at any time for not more than five
years.
(i) Settlement and arbitration of claims arising under investment
guaranty operations
Claims arising as a result of investment guaranty operations may
be settled, and disputes arising as a result thereof may be
arbitrated with the consent of the parties, on such terms and
conditions as the President may direct. Payment made pursuant to
any such settlement, or as a result of an arbitration award, shall
be final and conclusive notwithstanding any other provision of law.
(j) Financial transactions with foreign governments; exemption
The provisions of section 955 of title 18 shall not apply to
prevent any person, including any individual, partnership,
corporation, or association, from acting for, or participating in,
any operation or transaction arising under this chapter, or from
acquiring any obligation issued in connection with any operation or
transaction arising under this chapter.
(k) Cost-type contracts with educational institutions; payment of
reimbursable indirect costs
Any cost-type contract or agreement (including grants) entered
into with a university, college, or other educational institution
for the purpose of carrying out programs authorized by subchapter I
of this chapter may provide for the payment of the reimbursable
indirect costs of said university, college, or other educational
institution on the basis of predetermined fixed-percentage rates
applied to the total, or an element thereof, of the reimbursable
direct costs incurred.
(g742l) Program oversight
The Administrator of the agency primarily responsible for
administering subchapter I of this chapter may use funds made
available under that subchapter to provide program and management
oversight for activities that are funded under that subchapter and
that are conducted in countries in which the agency does not have a
field mission or office.
(m) Working capital fund
(1) There is established a working capital fund (in this
subsection referred to as the "fund") for the United States Agency
for International Development (in this subsection referred to as
the "Agency") which shall be available without fiscal year
limitation for the expenses of personal and nonpersonal services,
equipment, and supplies for -
(A) International Cooperative Administrative Support Services;
and
(B) rebates from the use of United States Government credit
cards.
(2) The capital of the fund shall consist of -
(A) the fair and reasonable value of such supplies, equipment,
and other assets pertaining to the functions of the fund as the
Administrator determines,
(B) rebates from the use of United States Government credit
cards, and
(C) any appropriations made available for the purpose of
providing capital,
minus related liabilities.
(3) The fund shall be reimbursed or credited with advance
payments for services, equipment, or supplies provided from the
fund from applicable appropriations and funds of the Agency, other
Federal agencies and other sources authorized by section 2357 of
this title at rates that will recover total expenses of operation,
including accrual of annual leave and depreciation. Receipts from
the disposal of, or payments for the loss or damage to, property
held in the fund, rebates, reimbursements, refunds and other
credits applicable to the operation of the fund may be deposited in
the fund.
(4) At the close of each fiscal year the Administrator of the
Agency shall transfer out of the fund to the miscellaneous receipts
account of the Treasury of the United States such amounts as the
Administrator determines to be in excess of the needs of the fund.
(5) The fund may be charged with the current value of supplies
and equipment returned to the working capital of the fund by a
post, activity, or agency, and the proceeds shall he (!1) credited
to current applicable appropriations.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 635, Sept. 4, 1961, 75 Stat. 456;
Pub. L. 87-565, pt. III, Sec. 302(g), Aug. 1, 1962, 76 Stat. 262;
Pub. L. 88-205, pt. III, Sec. 302(e), Dec. 16, 1963, 77 Stat. 389;
Pub. L. 89-171, pt. III, Sec. 302(g), Sept. 6, 1965, 79 Stat. 660;
Pub. L. 89-583, pt. III, Sec. 302(d), Sept. 19, 1966, 80 Stat. 807;
Pub. L. 90-137, pt. III, Sec. 302(i), Nov. 14, 1967, 81 Stat. 461;
Pub. L. 95-424, title I, Sec. 102(g)(2)(G), Oct. 6, 1978, 92 Stat.
943; Pub. L. 96-53, title I, Sec. 121, Aug. 14, 1979, 93 Stat. 366;
Pub. L. 106-264, title III, Sec. 301, Aug. 19, 2000, 114 Stat. 760;
Pub. L. 106-309, title IV, Sec. 404, Oct. 17, 2000, 114 Stat.
1098.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) to (d), (g), and (j),
was in the original "this Act", meaning Pub. L. 87-195, Sept. 4,
1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act
of 1961. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and
Tables.
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE
SUCH PARTS
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293
References to part I of subchapter I of this chapter are deemed
to include a reference to section 2293 of this title. See section
2293(d)(1) of this title.
-COD-
CODIFICATION
In subsec. (g)(5), "chapter 91 of title 31" substituted for "the
Government Corporation Control Act, as amended (31 U.S.C. 841 et
seq.)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982,
96 Stat. 1067, the first section of which enacted Title 31, Money
and Finance.
-MISC2-
AMENDMENTS
2000 - Subsec. (l). Pub. L. 106-264 added subsec. (l).
Subsec. (m). Pub. L. 106-309 added subsec. (m).
1979 - Subsec. (c). Pub. L. 96-53 substituted "Agency for
International Development" for "Advisory Committee on Voluntary
Foreign Aid".
1978 - Subsec. (h). Pub. L. 95-424 substituted "part I (except
development loans) and subpart II of part II of subchapter I" for
"subparts II, V, and VI of part II of subchapter I (except
development loans)".
1967 - Subsec. (e). Pub. L. 90-137, Sec. 302(i)(1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 90-137, Sec. 302(i)(2), struck out "and
sales" after "loans" in introductory clause.
1966 - Subsec. (h). Pub. L. 89-583 excluded development loans
under the Alliance for Progress from the provision that contracts
or agreements which entail commitments for the expenditure of funds
may not extend for more than five years.
1965 - Subsec. (g). Pub. L. 89-171 inserted "and sales" in
introductory clause.
1963 - Subsec. (k). Pub. L. 88-205 added subsec. (k).
1962 - Subsec. (h). Pub. L. 87-565 included sections 2211 to 2213
of this title within the limitation on the duration of contracts
and agreements.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of
this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
605 of Pub. L. 95-424, set out as a note under section 2151 of this
title.
EFFECTIVE DATE OF 1967 AMENDMENT
Section 302(i)(2) of Pub. L. 90-137 provided in part that
amendment of subsec. (g) by such section 302(i)(2) shall take
effect on June 30, 1968.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC3-
INTERNATIONAL AGREEMENTS
The negotiation, conclusion, and termination of international
agreements pursuant to this chapter shall be subject to
requirements of section 112b of Title 1, General Provisions, and to
applicable regulations and procedures, see section 1-604 of Ex.
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56677, eff. Oct. 1, 1979,
set out as a note under section 2381 of this title.
INFORMATION TO CONGRESSIONAL COMMITTEES ON NEGOTIATIONS REGARDING
DEBTS OWED UNITED STATES BY FOREIGN GOVERNMENTS; TRANSMITTAL TO
CONGRESS OF DEBT MODIFICATION PROPOSALS
Pub. L. 93-333, Sec. 4, July 8, 1974, 88 Stat. 290, relating to
cancellation, renegotiation, etc., of any debt owed by a foreign
government, was repealed by Pub. L. 95-424, title VI, Sec. 603(b),
Oct. 6, 1978, 92 Stat. 961.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a committee established by the
President or an officer of the Federal Government, such committee
is renewed by appropriate action prior to the expiration of such
2-year period, or in the case of a committee established by the
Congress, its duration is otherwise provided by law. See section 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
Appendix to Title 5, Government Organization and Employees.
-FOOTNOTE-
(!1) So in original. Probably should be "be".
-End-
-CITE-
22 USC Sec. 2395a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2395a. International agreements concerning debt relief;
transmittal to Congressional committees
-STATUTE-
(1) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(5), Dec. 29,
1981, 95 Stat. 1560.
(2) The Secretary of State shall transmit to such committees a
copy of the text of any agreement with any foreign government which
would result in any such debt relief no less than thirty days prior
to its entry into force, together with a detailed justification of
the interest of the United States in the proposed debt relief. The
requirements of this paragraph shall not apply with respect to an
agreement if a statutory requirement exists that the amount of the
debt relief provided by the agreement may not exceed the amount
approved for such purposes in advance in an appropriation Act.
-SOURCE-
(Pub. L. 95-424, title VI, Sec. 603(a), Oct. 6, 1978, 92 Stat. 960;
H. Res. 89, Feb. 5, 1979; Pub. L. 97-113, title VII, Sec.
734(a)(5), Dec. 29, 1981, 95 Stat. 1560.)
-REFTEXT-
REFERENCES IN TEXT
"Such committees" and "such debt relief", referred to in par.
(2), mean the Committee on Foreign Relations of the Senate, the
Committee on Foreign Affairs of the House of Representatives, and
the Committee on Appropriations of the each House of Congress named
as the ongoing recipients of any information respecting debt relief
negotiations with foreign governments regarding any debts owing to
the United States in par. (1) provisions prior to repeal thereof by
section 734(a)(1) of Pub. L. 97-113.
-COD-
CODIFICATION
Section enacted as part of the International Development and Food
Assistance Act of 1978, and not as part of the Foreign Assistance
Act of 1961 which comprises this chapter.
-MISC1-
AMENDMENTS
1981 - Par. (1). Pub. L. 97-113 struck out par. (1) which
required Secretary of State keep the Committee on Foreign Relations
of the Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of each House
of Congress informed respecting any debt relief negotiations with
foreign governments regarding any debts owing to the United States.
-CHANGE-
CHANGE OF NAME
Committee on International Relations of House of Representatives
changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House
Resolution No. 89, 96th Congress.
-MISC2-
EFFECTIVE DATE
Section effective Oct. 1, 1978, see section 605 of Pub. L.
95-424, set out as an Effective Date of 1978 Amendment note under
section 2151 of this title.
ACTIONS TO PROVIDE BILATERAL DEBT RELIEF
Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title V, Sec. 501],
Nov. 29, 1999, 113 Stat. 1536, 1501A-311, provided that:
"(a) Cancellation of Debt. - Subject to the availability of
amounts provided in advance in appropriations Acts, the President
shall cancel all amounts owed to the United States (or any agency
of the United States) by any country eligible for debt reduction
under this section, as a result of loans made or credits extended
prior to June 20, 1999, under any of the provisions of law
specified in subsection (b).
"(b) Provisions of Law. - The provisions of law referred to in
subsection (a) are the following:
"(1) Sections 221 and 222 of the Foreign Assistance Act [of
1961] [22 U.S.C. 2181, 2182].
"(2) The Arms Export Control Act (22 U.S.C. 2751 et seq.).
"(3) Section 5(f) of the Commodity Credit Corporation Charter
Act [15 U.S.C. 714c(f)], section 201 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5621), or section 202 of such Act (7 U.S.C.
5622), or predecessor provisions under the Food for Peace Act of
1966.
"(4) Title I of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
"(c) Other Debt Reduction Authorities. - The authority provided
in this section is in addition to any other debt relief authority
and does not in any way limit such authority.
"(d) Eligible Countries. - A country that is performing
satisfactorily under an economic reform program shall be eligible
for cancellation of debt under this section if -
"(1) the country, as of December 31, 2000, is eligible to
borrow from the International Development Association;
"(2) the country, as of December 31, 2000, is not eligible to
borrow from the International Bank for Reconstruction and
Development; and
"(3)(A) the country has outstanding public and publicly
guaranteed debt, the net present value of which on December 31,
1996, was at least 150 percent of the average annual value of the
exports of the country for the period 1994 through 1996; or
"(B)(i) the country has outstanding public and publicly
guaranteed debt, the net present value of which, as of the date
the President determines that the country is eligible for debt
relief under this section, is at least 150 percent of the annual
value of the exports of the country; or
"(ii) the country has outstanding public and publicly
guaranteed debt, the net present value of which, as of the date
the President determines that the country is eligible for debt
relief under this section, is at least 250 percent of the annual
fiscal revenues of the country, and has minimum ratios of exports
to Gross Domestic Product of 30 percent, and of fiscal revenues
to Gross Domestic Product of 15 percent.
"(e) Priority. - In carrying out subsection (a), the President
should seek to leverage scarce foreign assistance and give priority
to heavily indebted poor countries with demonstrated need and the
capacity to use such relief effectively.
"(f) Exceptions. - A country shall not be eligible for
cancellation of debt under this section if the government of the
country -
"(1) has an excessive level of military expenditures;
"(2) has repeatedly provided support for acts of international
terrorism, as determined by the Secretary of State under section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)) or section 620A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2371(a));
"(3) is failing to cooperate on international narcotics control
matters; or
"(4) (including its military or other security forces), engages
in a consistent pattern of gross violations of internationally
recognized human rights.
"(g) Additional Requirement. - A country which is otherwise
eligible to receive cancellation of debt under this section may
receive such cancellation only if the country has committed, in
connection with a social and economic reform program -
"(1) to enable, facilitate, or encourage the implementation of
policy changes and institutional reforms under economic reform
programs, in a manner that ensures that such policy changes and
institutional reforms are designed and adopted through
transparent and participatory processes;
"(2) to adopt an integrated development strategy of the type
described in section 1624(a) of the International Financial
Institutions Act [22 U.S.C. 262p-7], to support poverty reduction
through economic growth, that includes monitorable poverty
reduction goals;
"(3) to take steps so that the financial benefits of debt
relief are applied to programs to combat poverty (in particular
through concrete measures to improve economic infrastructure,
basic services in education, nutrition, and health, particularly
treatment and prevention of the leading causes of mortality) and
to redress environmental degradation;
"(4) to take steps to strengthen and expand the private sector,
encourage increased trade and investment, support the development
of free markets, and promote broad-scale economic growth;
"(5) to implement transparent policy making and budget
procedures, good governance, and effective anticorruption
measures;
"(6) to broaden public participation and popular understanding
of the principles and goals of poverty reduction, particularly
through economic growth, and good governance; and
"(7) to promote the participation of citizens and
nongovernmental organizations in the economic policy choices of
the government.
"(h) Certain Prohibitions Inapplicable. - Except as the President
may otherwise determine for reasons of national security, a
cancellation of debt under this section shall not be considered to
be assistance for purposes of any provision of law limiting
assistance to a country. The authority to provide for cancellation
of debt under this section may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(r)],
or any similar provision of law.
"(i) Authorization of Appropriations. - For the cost (as defined
in section 502(5) of the Federal Credit Reform Act of 1990 [2
U.S.C. 661a(5)]) of the cancellation of any debt under this
section, there are authorized to be appropriated to the President
such sums as may be necessary for each of the fiscal years 2000
through 2004, which shall remain available until expended.
"(j) Annual Reports to the Congress. - Not later than December 31
of each year, the President shall prepare and transmit to the
Committees on Banking and Financial Services [now Committee on
Financial Services], Appropriations, and International Relations of
the House of Representatives, and the Committees on Banking,
Housing, and Urban Affairs, Foreign Relations, and Appropriations
of the Senate a report, which shall be made available to the
public, concerning the cancellation of debt under subsection (a),
and a detailed description of debt relief provided by the United
States as a member of the Paris Club of Official Creditors for the
prior fiscal year."
NOTIFICATION TO CONGRESS ON DEBT RELIEF AGREEMENTS
Pub. L. 102-391, title V, Sec. 548, Oct. 6, 1992, 106 Stat. 1673,
provided that: "The Secretary of State shall transmit to the
Appropriations Committees of the Congress and to such other
Committees as appropriate, a copy of the text of any agreement with
any foreign government which would result in any debt relief no
less than thirty days prior to its entry into force, other than one
entered into pursuant to this Act, together with a detailed
justification of the interest of the United States in the proposed
debt relief: Provided, That the term 'debt relief' shall include
any and all debt prepayment, debt rescheduling, and debt
restructuring proposals and agreements: Provided further, That the
Secretary of State and the Secretary of the Treasury should in
every feasible instance notify the Appropriations Committees of the
Congress and such other Committees as appropriate not less than 15
days prior to any formal multilateral or bilateral negotiation for
official debt restructuring, rescheduling, or relief: Provided
further, That the Secretary of State or the Secretary of the
Treasury, as appropriate, shall report not later than February 1 of
each year a consolidated statement of the budgetary implications of
all debt-related agreements entered into force during the preceding
fiscal year."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 101-513, title V, Sec. 550, Nov. 5, 1990, 104 Stat. 2020.
Pub. L. 101-167, title V, Sec. 555, Nov. 21, 1989, 103 Stat.
1237.
Pub. L. 100-461, title V, Sec. 557, Oct. 1, 1988, 102 Stat.
2268-38.
Pub. L. 100-202, Sec. 101(e) [title V, Sec. 563], Dec. 22, 1987,
101 Stat. 1329-131, 1329-172.
-End-
-CITE-
22 USC Sec. 2396 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2396. Availability of funds
-STATUTE-
(a) General expenditures
Appropriations for the purposes of or pursuant to this chapter
(except for subchapter II of this chapter), allocations to any
agency of the United States Government, from other appropriations,
for functions directly related to the purposes of this chapter, and
funds made available for other purposes to the agency primarily
responsible for administrating subchapter I of this chapter, shall
be available for:
(1) rent of buildings and space in buildings in the United
States, and for repair, alteration, and improvement of such
leased properties;
(2) expenses of attendance at meetings concerned with the
purposes of such appropriations or of this chapter, including
(notwithstanding the provisions of section 1346(a) and (c) of
title 31) expenses in connection with meetings of persons whose
employment is authorized by section 2386 of this title;
(3) contracting with individuals for personal services abroad:
Provided, That such individuals shall not be regarded as
employees of the United States Government for the purpose of any
law administered by the Civil Service Commission;
(4) purchase, maintenance, operation, and hire of aircraft:
Provided, That aircraft for administrative purposes may be
purchased only as specifically provided for in an appropriation
or other Act;
(5) purchase and hire of passenger motor vehicles: Provided,
That, except as may otherwise be provided in an appropriation or
other Act, passenger motor vehicles for administrative purposes
outside the United States may be purchased for replacement only,
and such vehicles may be exchanged or sold and replaced by an
equal number of such vehicles, and the cost, including exchange
allowance, of each such replacement shall not exceed the current
market price in the United States of a mid-sized sedan or station
wagon meeting the requirements established by the General
Services Administration for a Class III vehicle of United States
manufacture (or, if the replacement vehicle is a right-hand drive
vehicle, 120 percent of that price) in the case of an automobile
for the chief of any special mission or staff outside the United
States established under section 2391 of this title: Provided
further, That passenger motor vehicles, other than one for the
official use of the head of the agency primarily responsible for
administering subchapter I of this chapter, may be purchased for
use in the United States only as may be specifically provided in
an appropriation or other Act;
(6) entertainment (not to exceed $25,000 in any fiscal year
except as may otherwise be provided in an appropriation or other
Act);
(7) exchange of funds without regard to section 3651 (!1) of
the Revised Statutes (31 U.S.C. 543) and loss by exchange;
(8) expenditures (not to exceed $50,000 in any fiscal year
except as may otherwise be provided in an appropriation or other
Act) of a confidential character other than entertainment:
Provided, That a certificate of the amount of each such
expenditure, the nature of which it is considered inadvisable to
specify, shall be made by the head of the agency primarily
responsible for administering subchapter I of this chapter or
such person as he may designate, and every such certificate shall
be deemed a sufficient voucher for the amount therein specified;
(9) insurance of official motor vehicles or aircraft acquired
for use in foreign countries;
(10) rent or lease outside the United States for not to exceed
ten years of offices, buildings, grounds, and quarters, including
living quarters to house personnel, and payments therefor in
advance; maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or rented by
the United States Government or made available for use to the
United States Government outside the United States; and costs of
fuel, water, and utilities for such properties;
(11) expenses of preparing and transporting to their former
homes, or, with respect to foreign participants engaged in any
program under subchapter I of this chapter, to their former homes
or places of burial, and of care and disposition of, the remains
of persons or members of the families of persons who may die
while such persons are away from their homes participating in
activities carried out with funds covered by this subsection;
(12) purchase of uniforms;
(13) payment of per diem in lieu of subsistence to foreign
participants engaged in any program under subchapter I of this
chapter while such participants are away from their homes in
countries other than the United States, at rates not in excess of
those prescribed by the standardized Government travel
regulations, notwithstanding any other provision of law;
(14) use in accordance with authorities of the Foreign Service
Act of 1980, as amended (22 U.S.C. 3901 et seq.), not otherwise
provided for;
(15) ice and drinking water for use outside the United States;
(16) services of commissioned officers of the Environmental
Science Services Administration, and for the purposes of
providing such services the Environmental Science Services
Administration may appoint not to exceed twenty commissioned
officers in addition to those otherwise authorized;(!2)
(b) Compensation, allowances, and travel of personnel; printing and
binding; expenditures outside United States
Funds made available for the purposes of this chapter may be used
for compensation, allowances, and travel of personnel including
Foreign Service personnel whose services are utilized primarily for
the purposes of this chapter, for printing and binding without
regard to the provisions of any other law, and for expenditures
outside the United States for the procurement of supplies and
services and for other administrative and operating purposes (other
than compensation of personnel) without regard to such laws and
regulations governing the obligation and expenditure of funds of
the United States Government as may be necessary to accomplish the
purposes of this chapter.
(c) Construction of living quarters, office space, and supporting
facilities
Notwithstanding any other law, not to exceed $6,000,000 of the
funds available for assistance under this chapter may be used in
any fiscal year (in addition to funds available for such use under
other authorities in this chapter) to construct or otherwise
acquire outside the United States (1) essential living quarters,
office space, and necessary supporting facilities for use of
personnel carrying out activities authorized by this chapter, and
(2) schools (including dormitories and boarding facilities) and
hospitals for use of personnel carrying out activities authorized
by this chapter, United States Government personnel, and their
dependents. In addition, funds made available for assistance under
this chapter may be used, notwithstanding any other law, to equip,
staff, operate, and maintain such schools and hospitals.
(d) Education of dependents
Not to exceed $2,500,000 of the funds available for assistance
under this chapter may be used in any fiscal year to provide
assistance, on such terms and conditions as are deemed appropriate,
to schools established, or to be established, outside the United
States whenever it is determined that such action would be more
economical or would best serve the interests of the United States
in providing for the education of dependents of personnel carrying
out activities authorized by this chapter and dependents of United
States Government personnel, in lieu of acquisition or construction
pursuant to subsection (c) of this section.
(e) Training costs
Funds available under this chapter may be used to pay costs of
training United States citizen personnel employed or assigned
pursuant to section 2385(d)(2) (!3) of this title (through
interchange or otherwise) at any State or local unit of government,
public or private nonprofit institution, trade, labor,
agricultural, or scientific association or organization, or
commercial firm; and the provisions of sections 1881 to 1888 (!3)
of title 7 may be used to carry out the foregoing authority
notwithstanding that interchange of personnel may not be involved
or that the training may not take place at the institutions
specified in sections 1881 to 1888 (!3) of title 7. Such training
shall not be considered employment or holding of office under
section 5533 of title 5, and any payments or contributions in
connection therewith may, as deemed appropriate by the head of the
agency of the United States Government authorizing such training,
be made by private or public sources and be accepted by any
trainee, or may be accepted by and credited to the current
applicable appropriation of such agency: Provided, however, That
any such payments to any employee in the nature of compensation
shall be in lieu, or in reduction, of compensation received from
the United States Government.
(f) Assistance in carrying out functions under certain laws
Funds made available under part I of subchapter I of this chapter
may be used for expenses (other than those provided for under
section 2397(a) of this title) to assist in carrying out functions
under part I of subchapter I of this chapter, under the
Agricultural Trade Development and Assistance Act of 1954, as
amended [7 U.S.C. 1691 et seq.], and under the Latin American
Development Act, as amended, performed by the agency primarily
responsible for administering subchapter I of this chapter or by
the Corporation established under subpart IV of part II of
subchapter I of this chapter with respect to loan activities which
it carries out under the provisions of the Agricultural Trade
Development and Assistance Act of 1954, as amended.
(g) Administrative, extraordinary, and operating expenses;
reimbursement of military officers; training of foreign military
personnel
Funds made available for the purposes of subchapter II of this
chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.]
shall be available for -
(1) administrative, extraordinary (not to exceed $300,000 in
any fiscal year), and operating expenses incurred in furnishing
defense articles, military education and training and defense
services on a grant or sales basis by the agency primarily
responsible for administering subchapter II of this chapter;
(2) reimbursement of actual expenses of military officers
detailed or assigned as tour directors in connection with
orientation visits of foreign military and related civilian
personnel, in accordance with provisions of section 5702 of title
5, applicable to civilian officers and employees; and
(3) maintenance, repair, alteration and furnishing of United
States-owned facilities in the District of Columbia or elsewhere
for the training of foreign military and related civilian
personnel, without regard to the provisions of section 12 of
title 41 or other provision of law requiring a specific
authorization or specific appropriation for such public
contracts.
(h) Recipient countries to contribute local currencies; utilization
of foreign currencies owned by United States
In carrying out programs under this chapter, the President shall
take all appropriate steps to assure that, to the maximum extent
possible, (1) countries receiving assistance under this chapter
contribute local currencies to meet the cost of contractual and
other services rendered in conjunction with such programs, and (2)
foreign currencies owned by the United States are utilized to meet
the costs of such contractual and other services.
(i) Financing motor vehicle transactions; waiver of domestic
manufacturing restriction
Notwithstanding section 2399a (!4) of this title or any other
provision of this chapter, none of the funds made available to
carry out this chapter shall be used to finance the purchase, sale,
long-term lease, exchange, or guaranty of a sale of motor vehicles
unless such motor vehicles are manufactured in the United States:
Provided, That where special circumstances exist the President is
authorized to waive the provisions of this section in order to
carry out the purposes of this chapter.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 636, Sept. 4, 1961, 75 Stat. 457;
Pub. L. 88-205, pt. III, Sec. 302(f), Dec. 16, 1963, 77 Stat. 389;
Pub. L. 89-171, pt. III, Sec. 302(h), Sept. 6, 1965, 79 Stat. 660;
Pub. L. 90-137, pt. III, Sec. 302(j)-(o), Nov. 14, 1967, 81 Stat.
461, 462; Pub. L. 90-554, pt. III, Sec. 302(d), Oct. 8, 1968, 82
Stat. 965; Pub. L. 91-175, pt. III, Sec. 306, Dec. 30, 1969, 83
Stat. 821; Pub. L. 94-329, title I, Sec. 106(b)(5), June 30, 1976,
90 Stat. 733; Pub. L. 95-424, title I, Sec. 102(g)(2)(H)-(J), title
V, Sec. 505, Oct. 6, 1978, 92 Stat. 943, 960; Pub. L. 99-83, title
XII, Sec. 1211(b)(1), Aug. 8, 1985, 99 Stat. 279; Pub. L. 99-234,
title I, Sec. 107(b), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 99-550,
Sec. 2(b), Oct. 27, 1986, 100 Stat. 3070; Pub. L. 100-202, Sec.
101(e) [title II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-131,
1329-141; Pub. L. 101-167, title III, Nov. 21, 1989, 103 Stat.
1214; Pub. L. 107-372, title II, Sec. 271(7), Dec. 19, 2002, 116
Stat. 3094.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) to (e), (h), and (i),
was in the original "this Act", meaning Pub. L. 87-195, Sept. 4,
1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act
of 1961. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and
Tables.
Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to
in subsec. (a)(7), was repealed by Pub. L. 97-258, Sec. 5(b), Sept.
13, 1982, 96 Stat. 1068, the first section of which enacted Title
31, Money and Finance.
The Foreign Service Act of 1980, referred to in subsec. (a)(14),
is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which
is classified principally to chapter 52 (Sec. 3901 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 3901 of this title and
Tables.
Section 2385(d) of this title, referred to in subsec. (e), was
amended by Pub. L. 96-465, title II, Sec. 2203(a), Oct. 17, 1980,
94 Stat. 2158, and as so amended does not contain a par. (2).
Sections 1881 to 1888 of title 7, referred to in subsec. (e),
which related to the interchange of Department of Agriculture and
State employees, were repealed by Pub. L. 91-648, title IV, Sec.
403, Jan. 5, 1971, 84 Stat. 1925. See section 3371 et seq. of Title
5, Government Organization and Employees.
The Agricultural Trade Development and Assistance Act of 1954, as
amended, referred to in subsec. (f), is act July 10, 1954, ch. 469,
68 Stat. 454, as amended, which is classified principally to
chapter 41 (Sec. 1691 et seq.) of Title 7, Agriculture. For
complete classification of this Act to the Code, see Short Title
note set out under section 1691 of Title 7, and Tables.
The Latin American Development Act, as amended, referred to in
subsec. (f), is Pub. L. 86-735, Sept. 8, 1960, 74 Stat. 869, as
amended, which enacted sections 1942 to 1945 of this title and
amended section 1753a of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
1942 of this title and Tables.
The Arms Export Control Act, referred to in subsec. (g), is Pub.
L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
classified principally to chapter 39 (Sec. 2751 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2751 of this title and
Tables.
Section 2399a of this title, referred to in subsec. (i), was
repealed by Pub. L. 90-629, ch. 4, Sec. 45(a), Oct. 22, 1968, 82
Stat. 1327. See section 2753(a)(1) of this title.
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE
SUCH PARTS
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293
References to part I of subchapter I of this chapter are deemed
to include a reference to section 2293 of this title. See section
2293(d)(1) of this title.
-COD-
CODIFICATION
In subsec. (a)(2), "section 1346(a) and (c) of title 31"
substituted for "section 9 of Public Law 60-328 (31 U.S.C. 673))"
on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
-MISC2-
AMENDMENTS
2002 - Subsec. (a)(17). Pub. L. 107-372 struck out par. (17)
which read as follows: "expenses in connection with travel of
personnel outside the United States, including travel expenses of
dependents (including expenses during necessary stopovers while
engaged in such travel), and transportation of personal effects,
household goods, and automobiles of such personnel when any part of
such travel or transportation begins in one fiscal year pursuant to
travel orders issued in that fiscal year, notwithstanding the fact
that such travel or transportation may not be completed during the
same fiscal year, and cost of transporting automobiles to and from
a place of storage, and the cost of storing automobiles of such
personnel when it is in the public interest or more economical to
authorize storage."
1989 - Subsec. (g). Pub. L. 101-167 inserted "or the Arms Export
Control Act" after "subchapter II of this chapter" in introductory
provisions.
1987 - Subsec. (c). Pub. L. 100-202 substituted "$6,000,000" for
"$3,000,000".
1986 - Subsec. (a)(5). Pub. L. 99-550 struck out "(without regard
to the limitations contained in section 5 of Public Law 63-127, as
amended (31 U.S.C. 638a(c)(2)), and section 201 of Public Law
85-468 (31 U.S.C. 638c))" after "official use".
Subsec. (g)(2). Pub. L. 99-234 substituted "5702" for "5702(c)".
1985 - Subsec. (a)(14). Pub. L. 99-83 substituted reference to
Foreign Service Act of 1980 for reference to Foreign Service Act of
1946.
1978 - Subsec. (a)(5). Pub. L. 95-424, Sec. 505, substituted "the
current market price in the United States of a mid-sized sedan or
station wagon meeting the requirements established by the General
Services Administration for a Class III vehicle of United States
manufacture (or, if the replacement vehicle is a right hand drive
vehicle, 120 percent of that price)" for "$3,500".
Subsec. (c). Pub. L. 95-424, Sec. 102(g)(2)(H), struck out
"(other than subpart I of part II of subchapter I of this chapter)"
after "under this chapter" in two places.
Subsecs. (d), (e). Pub. L. 95-424, Sec. 102(g)(2)(I), struck out
"(other than subpart I of part II of subchapter I of this chapter)"
after "under this chapter".
Subsec. (f). Pub. L. 95-424, Sec. 102(g)(2)(J), substituted
"available under part I of subchapter I of this chapter" for
"section 2172 of this title", and "functions under part I" for
"functions under subpart I of part II".
1976 - Subsec. (g)(1). Pub. L. 94-329, Sec. 106(b)(5)(A),
inserted "military education and training" after "articles".
Subsec. (g)(2), (3). Pub. L. 94-329, Sec. 106(b)(5)(B),
substituted "and related civilian personnel" for "personnel".
1969 - Subsec. (f). Pub. L. 91-175 added Corporation established
under sections 2191 to 2200a of this title to the enumeration of
agencies administering programs.
1968 - Subsec. (g)(1). Pub. L. 90-554 required that when funds
are made available for operating expenses, such expenses be
incurred in furnishing defense articles and defense services on a
grant or sales basis by the agency primarily responsible for
administering subchapter II of this chapter.
1967 - Subsec. (a)(5). Pub. L. 90-137, Sec. 302(j), substituted
"section 638a(c)(2) and section 638c of title 31" for "section
78a(c)(2) and section 78a-1 of title 5".
Subsec. (a)(16). Pub. L. 90-137, Sec. 302(k), substituted
"Environmental Science Services Administration" for "Coast and
Geodetic Survey" in two places.
Subsec. (d). Pub. L. 90-137, Sec. 302(l), increased limitation on
funds available for education of dependents from $1,500,000 to
$2,500,000.
Subsec. (e). Pub. L. 90-137, Sec. 302(m), substituted reference
to section 5533 of title 5 for section 301 of the Dual Compensation
Act (5 U.S.C. 3105).
Subsec. (g)(2). Pub. L. 90-137, Sec. 302(n), substituted
reference to section 5702(c) of title 5 for former section 836 of
title 5.
Subsec. (i). Pub. L. 90-137, Sec. 302(o), added subsec. (i).
1965 - Subsec. (e). Pub. L. 89-171, Sec. 302(h)(1), substituted
"section 301 of the Dual Compensation Act (5 U.S.C. 3105)" for
"section 2 of the Act of July 31, 1894, as amended (5 U.S.C. 62)".
Subsec. (f). Pub. L. 89-171, Sec. 302(h)(2), substituted "Latin
American Development Act, as amended" for "Act to provide for
assistance in the development of Latin America and in the
reconstruction of Chile, and for other purposes".
1963 - Subsec. (h). Pub. L. 88-205 added subsec. (h).
-CHANGE-
CHANGE OF NAME
Commissioned Officer Corps of the Environmental Science Services
Administration changed to Commissioned Officer Corps of the
National Oceanic and Atmospheric Administration, see 1970 Reorg
Plan No. 4, Sec. 4(d), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
2090, set out in the Appendix to Title 5, Government Organization
and Employees.
-MISC3-
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-234 effective (1) on effective date of
regulations to be promulgated not later than 150 days after Jan. 2,
1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first,
see section 301(a) of Pub. L. 99-234, set out as a note under
section 5701 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
605 of Pub. L. 95-424, set out as a note under section 2151 of this
title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2349b, 2360, 2396a, 2514,
4341 of this title; title 2 section 143a.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. The semicolon probably should be a period.
(!3) See References in Text note below.
(!4) See References in Text note below.
-End-
-CITE-
22 USC Sec. 2396a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2396a. Property Management Fund
-STATUTE-
(a) The proceeds of overseas property acquired by the Agency for
International Development under the authority of section 2396(c) of
this title may be deposited in a separate fund, which shall be
known as the Property Management Fund. Such proceeds shall be
available for use only for the purposes of section 2396(c) of this
title, and shall remain available until expended. The Administrator
of the Agency for International Development shall report all uses
of funds deposited into the Property Management Fund as part of the
annual Congressional Presentation materials submitted by the Agency
for International Development.
(b) The provisions of subsection (a) of this section shall be
applicable to property acquired prior to November 5, 1990, and at
any time thereafter.
-SOURCE-
(Pub. L. 101-513, title V, Sec. 585, Nov. 5, 1990, 104 Stat. 2047.)
-COD-
CODIFICATION
Section was enacted as part of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991, and not
as part of the Foreign Assistance Act of 1961 which comprises this
chapter.
-End-
-CITE-
22 USC Sec. 2397 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2397. Administrative expenses
-STATUTE-
(a) Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6, 1978,
92 Stat. 961.
(b) There is authorized to be appropriated such amounts as may be
necessary from time to time for administrative expenses which are
incurred for functions of the Department of State under this
chapter and unrepealed provisions of the Mutual Security Act of
1954, as amended, or for normal functions of the Department of
State which relate to such functions.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 637, Sept. 4, 1961, 75 Stat. 460;
Pub. L. 87-565, pt. III, Sec. 302(h), Aug. 1, 1962, 76 Stat. 262;
Pub. L. 88-205, pt. III, Sec. 302(g), Dec. 16, 1963, 77 Stat. 389;
Pub. L. 88-633, pt. III, Sec. 302(c), Oct. 7, 1964, 78 Stat. 1014;
Pub. L. 89-171, pt. III, Sec. 302(i), Sept. 6, 1965, 79 Stat. 661;
Pub. L. 89-583, pt. III, Sec. 302(e), Sept. 19, 1966, 80 Stat. 808;
Pub. L. 90-137, pt. III, Sec. 302(p), Nov. 14, 1967, 81 Stat. 462;
Pub. L. 90-554, pt. III, Sec. 302(e), Oct. 8, 1968, 82 Stat. 965;
Pub. L. 91-175, pt. III. Sec. 307, Dec. 30, 1969, 83 Stat. 821;
Pub. L. 92-226, pt. III, Sec. 303, Feb. 7, 1972, 86 Stat. 28; Pub.
L. 93-189, Sec. 18, Dec. 17, 1973, 87 Stat. 724; Pub. L. 95-424,
title VI, Sec. 604, Oct. 6, 1978, 92 Stat. 961.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
The Mutual Security Act of 1954, referred to in subsec. (b), is
act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts July
8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs. 2-11,
70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30,
1958, Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II, Secs. 201-205,
ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72 Stat. 261;
July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101, ch. II,
Secs. 201-205(a)-(i), (k)-(n), ch. III, Sec. 301, ch. IV, Sec.
401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472, ch. I
to V, 74 Stat. 134, which was principally classified to chapter 24
(Sec. 1750 et seq.) of this title and which was repealed by act
July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559, Pub. L. 85-141,
Secs. 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L.
86-108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24, 1959, 73
Stat. 250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k), May 14,
1960, 74 Stat. 138, Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept.
4, 1961, 75 Stat. 460, Pub. L. 94-329, title II, Sec. 212(b)(1),
June 30, 1976, 90 Stat. 745, Pub. L. 104-127, title II, Sec. 228,
Apr. 4, 1996, 110 Stat. 963, except for sections 1754, 1783, 1796,
1853, 1928, and 1937 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
1754 of this title and Tables.
-MISC1-
AMENDMENTS
1978 - Subsec. (a). Pub. L. 95-424 struck out subsec. (a) which
authorized appropriations for necessary administrative expenses of
the agency primarily responsible for administering subchapter I of
this chapter.
1973 - Subsec. (a). Pub. L. 93-189 substituted "for each of the
fiscal years 1974 and 1975, $45,000,000", for "for the fiscal year
1972, $50,000,000, and for the fiscal year 1973, $50,000,000".
1972 - Subsec. (a). Pub. L. 92-226 authorized appropriations of
$50,000,000 for fiscal years 1972 and 1973, and struck out
appropriation authorization of $51,125,000 for fiscal years 1970
and 1971.
1969 - Subsec. (a). Pub. L. 91-175 substituted "fiscal year 1970,
$51,125,000, and for the fiscal year 1971, $51,125,000" for "fiscal
year 1969, $53,000,000".
1968 - Subsec. (a). Pub. L. 90-554 substituted "1969" and
"$53,000,000" for "1968" and "$55,814,000", respectively, and
required a reduction in number of personnel, particularly
administrative personnel, to keep within reduced funds for fiscal
year 1969, excepting therefrom auditing or training activities.
1967 - Subsec. (a). Pub. L. 90-137 substituted "1968" and
"$55,814,000" for "1967" and "$55,813,500", respectively.
1966 - Subsec. (a). Pub. L. 89-583 substituted "1967" and
"$55,813,500" for "1966" and "54,240,000," respectively.
1965 - Subsec. (a). Pub. L. 89-171 substituted "1966" and
"$54,200,000" for "1965" and "$52,500,000", respectively.
1964 - Subsec. (a). Pub. L. 88-633 substituted "1965" and
"$52,500,000" for "1964" and "$54,000,000", respectively.
1963 - Subsec. (a). Pub. L. 88-205 substituted "1964" and
"$54,000,000" for "1963" and "$53,000,000", respectively.
1962 - Subsec. (a). Pub. L. 87-565, Sec. 302(h)(1), substituted
"1963" and "$53,000,000" for "1962" and "$50,000,000",
respectively.
Subsec. (b). Pub. L. 87-565, Sec. 302(h)(2), struck out "to the
Secretary of State" after "authorized to be appropriated."
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
605 of Pub. L. 95-424, set out as a note under section 2151 of this
title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2360, 2392, 2396, 2413 of
this title.
-End-
-CITE-
22 USC Sec. 2398 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2398. Assistance to countries pursuant to other statutes
-STATUTE-
(a) No provision of this chapter shall be construed to prohibit
assistance to any country pursuant to the Peace Corps Act, as
amended [22 U.S.C. 2501 et seq.]; the Mutual Educational and
Cultural Exchange Act of 1961, as amended [22 U.S.C. 2451 et seq.];
or the Export-Import Bank Act of 1945, as amended [12 U.S.C. 635 et
seq.].
(b) No provision of this chapter or any other provision of law
shall be construed to prohibit assistance for any training activity
which is funded under this chapter for Brazil or Argentina as long
as such country continues to have a democractically (!1) elected
government and the assistance is otherwise consistent with sections
2151n, 2304, 2370(f), 2371, and 2420 of this title.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 638, as added Pub. L. 88-205, pt.
III, Sec. 302(h), Dec. 16, 1963, 77 Stat. 389; amended Pub. L.
89-171, pt. III, Sec. 302(j), Sept. 6, 1965, 79 Stat. 661; Pub. L.
93-189, Sec. 19, Dec. 17, 1973, 87 Stat. 725; Pub. L. 100-202, Sec.
101(e) [title V, Sec. 588(a)], Dec. 22, 1987, 101 Stat. 1329-131,
1329-186.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
The Peace Corps Act, as amended, referred to in subsec. (a), is
Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is
classified principally to chapter 34 (Sec. 2501 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2501 of this title and
Tables.
The Mutual Educational and Cultural Exchange Act of 1961, as
amended, referred to in subsec. (a), is Pub. L. 87-256, Sept. 21,
1961, 75 Stat. 527, as amended, which is classified principally to
chapter 33 (Sec. 2451 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 2451 of this title and Tables.
The Export-Import Bank Act of 1945, as amended, referred to in
subsec. (a), is act July 31, 1945, ch. 341, 59 Stat. 526, as
amended, which is classified generally to chapter 6A (Sec. 635 et
seq.) of Title 12, Banks and Banking. For complete classification
of this Act to the Code, see Short Title note set out under section
635 of Title 12 and Tables.
-MISC1-
AMENDMENTS
1987 - Pub. L. 100-202 designated existing provisions as subsec.
(a) and added subsec. (b).
1973 - Pub. L. 93-189 amended section catchline.
1965 - Pub. L. 89-171 struck out provisions which prohibited any
provision of this chapter from being construed to prohibit famine
or disaster relief, including such relief through voluntary
agencies, under sections 1721 to 1724 of title 7.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 101(e) [title V, Sec. 588(b)] of Pub. L. 100-202 provided
that: "The amendment made by subsection (a)(2) [amending this
section] does not apply with respect to funds appropriated prior to
the date of enactment of this Act [Dec. 22, 1987]."
-FOOTNOTE-
(!1) So in original. Probably should be "democratically".
-End-
-CITE-
22 USC Sec. 2399 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2399. Repealed. Pub. L. 94-161, title I, Sec. 101(6), Dec. 20,
1975, 89 Stat. 850
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 639, as added Pub. L.
80-171, pt. III, Sec. 302(k), Sept. 6, 1965, 79 Stat. 661; amended
Pub. L. 93-559, Sec. 28(a), Dec. 30, 1974, 88 Stat. 1803, provided
for famine or disaster relief, authorized appropriation of
$40,000,000 for fiscal year 1975, and required Presidential reports
to Committees of the Senate and Speaker of the House. See sections
2292 and 2292a of this title.
-End-
-CITE-
22 USC Secs. 2399-1a, 2399-1b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Secs. 2399-1a, 2399-1b. Transferred
-COD-
CODIFICATION
Section 2399-1a, Pub. L. 87-195, pt. 1, Sec. 494A, formerly pt.
III, Sec. 639A, as added Pub. L. 93-189, Sec. 20, Dec. 17, 1973, 87
Stat. 725; amended Pub. L. 93-333, Sec. 3, July 8, 1974, 88 Stat.
290 renumbered pt. 1, Sec. 494A, Pub. L. 94-161, title I, Sec.
101(5), Dec. 20, 1975, 89 Stat. 850, which related to famine and
disaster relief to drought stricken African nations, was
transferred to section 2292d of this title.
Section 2399-1b, Pub. L. 87-195, pt. I, Sec. 494B, formerly pt.
III, Sec. 639B, as added Pub. L. 93-189, Sec. 20, Dec. 13, 1973, 87
Stat. 725; renumbered pt. 1, Sec. 494B, and amended Pub. L. 94-161,
title I, Sec. 101(5), (7), Dec. 20, 1975, 89 Stat. 850, which
related to an African Development program, was transferred to
section 2292e of this title.
-End-
-CITE-
22 USC Sec. 2399a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2399a. Repealed. Pub. L. 90-629, ch. 4, Sec. 45(a), Oct. 22,
1968, 82 Stat. 1327
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 640, as added Pub. L.
89-171, pt. III, Sec. 302(k), Sept. 6, 1965, 79 Stat. 661; amended
Pub. L. 90-137, pt. III, Sec. 302(q), Nov. 14, 1967, 81 Stat. 462,
related to military sales. See section 2753(a)(1) of this title.
EFFECTIVE DATE OF REPEAL
Repeal effective July 1, 1968, see section 41 of Pub. L. 90-629,
set out as an Effective Date note under section 2751 of this title.
SAVINGS PROVISION
Determinations, authorizations, regulations, orders, contracts,
agreements, and other actions issued, undertaken, or entered into
under authority of any provision of former section 2399a of this
title as continuing in full force and effect until modified by
appropriate authority, see section 46 of Pub. L. 90-629, set out as
a note under section 2341 of this title.
-End-
-CITE-
22 USC Sec. 2399b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2399b. False claims and ineligible commodities
-STATUTE-
(a) Penalties; costs
Any person who makes or causes to be made or presents or causes
to be presented to any bank or other financial institution or to
any officer, agent, or employee of any agency of the United States
Government a claim for payment from funds made available under this
chapter for the purposes of furnishing assistance and who knows the
claim to be false, fraudulent, or fictitious or to cover a
commodity or commodity-related service determined by the President
to be ineligible for payment from funds made available under this
chapter, or who uses to support his claim any certification,
statement, or entry on any contract, abstract, bill of lading,
Government or commercial invoice, or Government form, which he
knows, or in the exercise of prudent business management should
know, to contain false, fraudulent, or fictitious information, or
who uses or engages in any other fraudulent trick, scheme, or
device for the purpose of securing or obtaining, or aiding to
secure or obtain, for any person any benefit or payment from funds
so made available under this chapter in connection with the
negotiation, procurement, award, or performance of a contract
financed with funds so made available under this chapter, and any
person who enters into an agreement, combination, or conspiracy so
to do, (1) shall pay to the United States an amount equal to 25 per
centum of any amount thereby sought to be wrongfully secured or
obtained but not actually received, and (2) shall forfeit and
refund any payment, compensation, loan, commission, or advance
received as a result thereof, and (3) shall, in addition, pay to
the United States for each such act (A) the sum of $2,000 and
double the amount of any damage which the United States may have
sustained by reason thereof, or (B) an amount equal to 50 per
centum of any such payment, compensation, loan, commission, or
advance so received, whichever is the greater, together with the
costs of suit.
(b) Recovery of penalties; procedure; finality of withholding of
funds; recovery of withheld funds; limitation period
In order to secure recovery under this section, the President
may, as he deems appropriate, (1) institute suit in the United
States district court for any judicial district in which the person
alleged to have performed or participated in an act described by
this section may reside or may be found, and (2) upon posting by
registered mail to such person a notice of claim describing the
basis therefor and identifying the funds to be withheld, withhold
from funds owed by any agency of the United States Government to
such person an amount equal to the refund, damages, liquidated
damages, and exemplary damages claimed by the United States under
this section. Any such withholding of funds from any person shall
constitute a final determination of the rights and liabilities of
such person under this section with respect to the amount so
withheld, unless within one year of receiving the notice of claim
such person brings suit for recovery, which is hereby authorized,
against the United States in any United States district court.
(c) "Person" defined
For purposes of this section, the term "person" includes any
individual, corporation, partnership, association, or other legal
entity.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 640A, as added Pub. L. 90-554, pt.
III, Sec. 302(f), Oct. 8, 1968, 82 Stat. 965.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2399c 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2399c. Coordination of policies and programs
-STATUTE-
(a) Development Coordination Committee established
The President shall establish a system for coordination of United
States policies and programs which affect United States interests
in the development of low-income countries. To that end, the
President shall establish a Development Coordination Committee
which shall advise him with respect to coordination of United
States policies and programs affecting the development of the
developing countries, including programs of bilateral and
multilateral development assistance. The Committee shall include
the head of the agency primarily responsible for administering
subchapter I of this chapter, Chairman, and representatives of the
Departments of State, Treasury, Commerce, Agriculture, Energy, and
Labor, the Executive Office of the President, and other executive
departments and agencies, as the President shall designate. The
Committee shall advise the President concerning the degree to which
bilateral and multilateral development assistance should focus on
critical problems in those functional sectors which affect the
lives of the majority of people in the developing countries: food
production; rural development and nutrition; population planning
and health; and education, public administration, and human
resource development.
(b) Procedures to assure coordination
The President shall prescribe appropriate procedures to assure
coordination among -
(1) the various departments and agencies of the United States
Government having representatives in diplomatic missions abroad;
and
(2) representatives of the United States Government in each
country, under the direction of the Chief of the United States
Diplomatic Mission.
The President shall keep the Congress advised of his actions under
this subsection.
(c) Guidance of Secretary of State
Programs authorized by this chapter shall be undertaken with the
foreign policy guidance of the Secretary of State.
(d) Repealed. Pub. L. 95-424, title V, Sec. 502(d)(1), Oct. 6,
1978, 92 Stat. 959
(e) Temporary assignment of employees
The head of any of the departments or agencies referred to in
subsection (a) of this section may temporarily assign, upon the
request of the Chairman, any employee from such department or
agency to the staff of the Committee.
(f) Studies
To carry out the purposes of subsection (a) of this section, the
Committee shall -
(1) prepare studies on various development problems;
(2) devise implementation strategies on developmental problems
appropriate to each such department or agency;
(3) monitor and evaluate the results of the development
activities of each such department or agency; and
(4) arrange for the exchange of information and studies between
such agencies and departments.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 640B, as added Pub. L. 93-189, Sec.
21, Dec. 17, 1973, 87 Stat. 725; amended Pub. L. 95-88, title I,
Sec. 127, Aug. 3, 1977, 91 Stat. 542; Pub. L. 95-424, title V, Sec.
502(d), Oct. 6, 1978, 92 Stat. 959; Pub. L. 96-53, title I, Sec.
118, Aug. 14, 1979, 93 Stat. 365; Pub. L. 97-113, title VII, Sec.
734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
AMENDMENTS
1981 - Subsec. (g). Pub. L. 97-113 struck our subsec. (g) which
required annual reports to Congress by the Chairman of the
Development Coordination Committee on the activities of the
Committee respecting aid to low-income countries. See section
2394(a) of this title.
1979 - Subsec. (a). Pub. L. 96-53 inserted reference to
Department of Energy.
1978 - Subsec. (d). Pub. L. 95-424, Sec. 502(d)(1), struck out
subsec. (d) relating to annual reports to Congress by the President
on United States actions affecting the development of less
developed countries.
Subsec. (g). Pub. L. 95-424, Sec. 502(d)(2), substituted "section
2394 of this title, the Chairman of the Committee" for "subsection
(d) of this section, the President".
1977 - Subsec. (a). Pub. L. 95-88, Sec. 127(a), provided that the
Committee advise the President concerning the degree to which
bilateral and multilateral development assistance should focus on
critical problems in those functional sectors which affect the
lives of the majority of people in the developing countries: food
production; rural development and nutrition; population planning
and health; and education, public administration, and human
resource development.
Subsec. (d). Pub. L. 95-88, Sec. 127(b), substituted "less
developed countries" for "low-income countries" in the description
of the subject matter of the Presidential reports to Congress,
designated existing provisions setting out the subject matter of
the reports as cl. (2)(A), and added cls. (1) and (2)(B).
Subsecs. (e) to (g). Pub. L. 95-88, Sec. 127(c), added subsecs.
(e) to (g).
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of
this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
605 of Pub. L. 95-424, set out as a note under section 2151 of this
title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC2-
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a committee
established by the President or an officer of the Federal
Government, such committee is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
committee established by the Congress, its duration is otherwise
provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2394 of this title.
-End-
-CITE-
22 USC Sec. 2399d 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2399d. Shipping differential
-STATUTE-
For the purpose of facilitating implementation of section 1241(b)
of title 46, Appendix, funds made available for the purposes of
part I of subchapter I of this chapter or for purposes of part IV
of subchapter II of this chapter may be used to make grants to
recipients to pay all or any portion of such differential as is
determined by the Secretary of Commerce to exist between United
States and foreign-flag vessel charter or freight rates. Grants
made under this section shall be paid with United States-owned
foreign currencies wherever feasible.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 640C, as added Pub. L. 93-189, Sec.
21, Dec. 17, 1973, 87 Stat. 726; amended Pub. L. 96-533, title VII,
Sec. 708, Dec. 16, 1980, 94 Stat. 3159.)
-MISC1-
REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293
References to part I of subchapter I of this chapter are deemed
to include a reference to section 2293 of this title. See section
2293(d)(1) of this title.
AMENDMENTS
1980 - Pub. L. 96-533 substituted "part IV of subchapter II of
this chapter" for "subchapter IV of this chapter".
-End-
-CITE-
22 USC Part III - Miscellaneous Provisions 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
PART III - MISCELLANEOUS PROVISIONS
-End-
-CITE-
22 USC Sec. 2401 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2401. Effective date; identification of programs
-STATUTE-
This chapter shall take effect on September 4, 1961. Programs
under this chapter shall be identified appropriately overseas as
"American Aid".
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 641, Sept. 4, 1961, 75 Stat. 460.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-End-
-CITE-
22 USC Sec. 2402 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2402. Saving provisions
-STATUTE-
(a) Determinations, authorizations, regulations, orders, contracts,
agreements, etc., under prior law
Except as may be expressly provided to the contrary in this
chapter, all determinations, authorizations, regulations, orders,
contracts, agreements, and other actions issued, undertaken, or
entered into under authority of any provision of law repealed by
section 642(a) and the Foreign Assistance Act of 1969 shall
continue in full force and effect until modified by appropriate
authority.
(b) Compliance with similar provisions of prior law as compliance
with this chapter
Wherever provisions of this chapter establish conditions which
must be complied with before use may be made of authority contained
in, or funds authorized by, this chapter, compliance with, or
satisfaction of, substantially similar conditions under Acts listed
in section 642(a) and the Foreign Assistance Act of 1969 or Acts
repealed by those Acts shall be deemed to constitute compliance
with the conditions established by this chapter.
(c) Continued availability of funds appropriated pursuant to prior
law
Funds made available pursuant to provisions of law repealed by
section 642(a)(2) and the Foreign Assistance Act of 1969 shall,
unless otherwise authorized or provided by law, remain available
for their original purposes in accordance with the provisions of
law originally applicable thereto, or in accordance with the
provisions of law currently applicable to those purposes.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 643, Sept. 4, 1961, 75 Stat. 460;
Pub. L. 87-565, pt. III, Sec. 303(a), Aug. 1, 1962, 76 Stat. 263;
Pub. L. 91-175, pt. III, Sec. 308, Dec. 30, 1969, 83 Stat. 821.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (b), was in the
original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
Section 642(a), referred to in text, means section 642(a) of Pub.
L. 87-195, which is set out as a note under section 2151 of this
title.
The Foreign Assistance Act of 1969, referred to in subsecs. (a)
to (c), is Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805, as amended.
For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
-MISC1-
AMENDMENTS
1969 - Subsec. (a). Pub. L. 91-175 inserted "and Foreign
Assistance Act of 1969" after "section 642(a)," and "section
642(a)(2)".
1962 - Subsec. (d). Pub. L. 87-565 repealed subsec. (d) which
provided that nothing in the chapter was to affect the Peace Corps
pending enactment of the Peace Corps Act or adjournment of the
first session of the 87th Congress, whichever was earlier.
-End-
-CITE-
22 USC Sec. 2403 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2403. Definitions
-STATUTE-
As used in this chapter -
(a) "Agency of the United States Government" includes any agency,
department, board, wholly or partly owned corporation,
instrumentality, commission, or establishment of the United States
Government.
(b) "Armed Forces" of the United States means the Army, Navy, Air
Force, Marine Corps, and Coast Guard.
(c) "Commodity" includes any material, article, supply, goods, or
equipment used for the purposes of furnishing nonmilitary
assistance.
(d) "Defense article" includes -
(1) any weapon, weapons system, munition, aircraft, vessel,
boat or other implement of war;
(2) any property, installation, commodity, material, equipment,
supply, or goods used for the purposes of furnishing military
assistance;
(3) any machinery, facility, tool, material supply, or other
item necessary for the manufacture, production, processing
repair, servicing, storage, construction, transportation,
operation, or use of any article listed in this subsection; or
(4) any component or part of any article listed in this
subsection; but
shall not include merchant vessels or, as defined by the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2011), source material
(except uranium depleted in the isotope 235 which is incorporated
in defense articles solely to take advantage of high density or
pyrophoric characteristics unrelated to radioactivity), by-product
material, special nuclear material, production facilities,
utilization facilities, or atomic weapons or articles involving
Restricted Data.
(e) "Defense information" includes any document, writing, sketch,
photograph, plan, model, specification, design, prototype, or other
recorded or oral information relating to any defense article or
defense service, but shall not include Restricted Data as defined
by the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et
seq.], and data removed from the Restricted Data category under
section 142d of that Act [42 U.S.C. 2162(d)].
(f) "Defense service" includes any service, test, inspection,
repair, publication, or technical or other assistance or defense
information used for the purposes of furnishing military
assistance, but does not include military educational and training
activities under part V of subchapter II of this chapter.
(g) "Excess defense articles" means the quantity of defense
articles (other than construction equipment, including tractors,
scrapers, loaders, graders, bulldozers, dump trucks, generators,
and compressors) owned by the United States Government, and not
procured in anticipation of military assistance or sales
requirements, or pursuant to a military assistance or sales order,
which is in excess of the Approved Force Acquisition Objective and
Approved Force Retention Stock of all Department of Defense
Components at the time such articles are dropped from inventory by
the supplying agency for delivery to countries or international
organizations under this chapter.
(h) "Function" includes any duty, obligation, power, authority,
responsibility, right, privilege, discretion, or activity.
(i) Repealed. Pub. L. 93-189, Sec. 22(2), Dec. 17, 1973, 87 Stat.
726.
(j) "Officer or employee" means civilian personnel and members of
the Armed Forces of the United States Government.
(k) "Services" include any service, repair, training of
personnel, or technical or other assistance or information used for
the purposes of furnishing nonmilitary assistance.
(l) "Surplus agricultural commodity" means any agricultural
commodity or product thereof, class, kind, type, or other
specification thereof, produced in the United States, either
publicly or privately owned, which is in excess of domestic
requirements, adequate carryover, and anticipated exports for
United States dollars, as determined by the Secretary of
Agriculture.
(m) "Value" means -
(1) with respect to an excess defense article, the actual value
of the article plus the gross cost incurred by the United States
Government in repairing, rehabilitating, or modifying the
article, except that for purposes of section 2392(d) of this
title such actual value shall not be taken into account;
(2) with respect to a nonexcess defense article delivered from
inventory to foreign countries or international organizations
under this chapter, the acquisition cost to the United States
Government, adjusted as appropriate for condition and market
value;
(3) with respect to a nonexcess defense article delivered from
new procurement to foreign countries or international
organizations under this chapter, the contract or production
costs of such article;
(4) with respect to a defense service, the cost to the United
States Government of such service; and
(5) with respect to military education and training or services
provided under part VIII of subchapter II of this chapter, the
additional costs that are incurred by the United States
Government in furnishing such assistance.
(n) "Military education and training" includes formal or informal
instruction of foreign students in the United States or overseas by
officers or employees of the United States, contract technicians,
contractors (including instruction at civilian institutions), or by
correspondence courses, technical, educational, or information
publications and media of all kinds, training aids, orientation,
and military advice to foreign military units and forces.
(o) "Agriculture" includes aquaculture and fisheries.
(p) "Farmers" includes fishermen and other persons employed in
cultivating and harvesting food resources from salt and fresh
waters.
(q) "Major non-NATO ally" means a country which is designated in
accordance with section 2321k of this title as a major non-NATO
ally for purposes of this chapter and the Arms Export Control Act
(22 U.S.C. 2751 et seq.).
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 644, Sept. 4, 1961, 75 Stat. 461;
Pub. L. 87-565, pt. III, Sec. 303(b), Aug. 1, 1962, 76 Stat. 263;
Pub. L. 88-205, pt. III, Sec. 303, Dec. 16, 1963, 77 Stat. 389;
Pub. L. 89-171, pt. III, Sec. 303(b), Sept. 6, 1965, 79 Stat. 661;
Pub. L. 90-137, pt. III, Sec. 303(a), Nov. 14, 1967, 81 Stat. 462;
Pub. L. 90-629, ch. 4, Sec. 45(b)(5), Oct. 22, 1968, 82 Stat. 1327;
Pub. L. 92-226, pt. III, Sec. 304(c)(1), Feb. 7, 1972, 86 Stat. 32;
Pub. L. 93-189, Sec. 22, Dec. 17, 1973, 87 Stat. 726; Pub. L.
94-329, title I, Sec. 106(b)(6), June 30, 1976, 90 Stat. 733; Pub.
L. 95-424, title I, Sec. 103(b), Oct. 6, 1978, 92 Stat. 944; Pub.
L. 96-92, Sec. 22, Oct. 29, 1979, 93 Stat. 710; Pub. L. 96-533,
title I, Sec. 115(b)(1), Dec. 16, 1980, 94 Stat. 3140; Pub. L.
98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; Pub. L.
102-583, Sec. 9(b), Nov. 2, 1992, 106 Stat. 4934; Pub. L. 104-164,
title I, Sec. 147(a)(2), July 21, 1996, 110 Stat. 1435.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
The Atomic Energy Act of 1954, as amended, referred to in
subsecs. (d) and (e), is act Aug. 1, 1946, ch. 724, as added by act
Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which
is classified principally to chapter 23 (Sec. 2011 et seq.) of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 2011 of Title 42 and Tables.
The Arms Export Control Act, referred to in subsec. (q), is Pub.
L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
classified principally to chapter 39 (Sec. 2751 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2751 of this title and
Tables.
-COD-
CODIFICATION
The 1983 amendment by Pub. L. 98-151 is based on section 202(b)
of H.R. 2992, Ninety-eighth Congress, 1st Session, as reported May
17, 1983, which was enacted into permanent law by Pub. L. 98-151.
-MISC1-
AMENDMENTS
1996 - Subsec. (q). Pub. L. 104-164 added subsec. (q).
1992 - Subsec. (g). Pub. L. 102-583 inserted "(other than
construction equipment, including tractors, scrapers, loaders,
graders, bulldozers, dump trucks, generators, and compressors)"
after second reference to "articles".
1983 - Subsec. (m)(5). Pub. L. 98-151 inserted "or services
provided under part VIII of subchapter II of this chapter".
1980 - Subsec. (m)(5). Pub. L. 96-533 added par. (5).
1979 - Subsec. (d). Pub. L. 96-92 defined "defense article" to
include uranium depleted in the isotope 235 which is incorporated
in defense articles solely to take advantage of high density or
pyrophoric characteristics unrelated to radioactivity.
1978 - Subsecs. (o), (p). Pub. L. 95-424 added subsecs. (o) and
(p).
1976 - Subsec. (f). Pub. L. 94-329, Sec. 106(b)(6)(A), struck out
"training" after "inspection, repair", inserted "but does not
include military educational and training activities under part V
of subchapter II", and struck out definition of "Training".
Subsec. (n). Pub. L. 94-329, Sec. 106(b)(6)(B), added subsec.
(n).
1973 - Subsec. (g). Pub. L. 93-189, Sec. 22(1), substituted
"Approved Force Acquisition Objective and Approved Force Retention
Stock of all Department of Defense Components" for "mobilization
reserve".
Subsec. (i). Pub. L. 93-189, Sec. 22(2), struck out subsec. (i)
which defined "mobilization reserve".
Subsec. (m). Pub. L. 93-189, Sec. 22(3), amended subsec. (m)
generally. Prior to amendment, subsec. (m) read as follows: "
'Value' means, other than in section 2417 of this title -
"(1) with respect to excess defense articles, the gross cost
incurred by the United States Government in repairing,
rehabilitating, or modifying such articles;
"(2) with respect to nonexcess defense articles delivered from
inventory to countries or international organizations under this
chapter, the standard price in effect at the time such articles
are dropped from inventory by the supplying agency. Such standard
price shall be the same price (including authorized reduced
prices) used for transfers or sales of such articles in or
between the Armed Forces of the United States Government, or,
where such articles are not transferred or sold in or between the
Armed Forces of the United States, the gross cost to the United
States Government adjusted as appropriate for condition and
market value; and
"(3) with respect to nonexcess defense articles delivered from
new procurement to countries or international organizations under
this chapter, the contract or production costs of such articles.
Military assistance programs and orders shall be based upon the
best estimates of stock status and prevailing prices;
reimbursements to the supplying agency shall be made on the basis
of the stock status and prices determined pursuant to this section.
Notwithstanding the foregoing provisions of this section, the
Secretary of Defense may prescribe regulations authorizing
reimbursements to the supplying agency based on negotiated prices
for aircraft, vessels, plant equipment, and such other major items
as he may specify: Provided, That such articles are not excess at
the time such prices are negotiated: Provided further, That such
prices are negotiated at the time firm orders are placed with the
supplying agency."
1972 - Subsec. (m). Pub. L. 92-226 substituted " 'Value' means,
other than in section 2417 of this title" for " 'Value' means".
1968 - Subsec. (m). Pub. L. 90-629 struck out "and sales" before
"programs" in text following par. (3).
1967 - Subsec. (d). Pub. L. 90-137, Sec. 303(a)(1), excluded
production facilities, utilization facilities, and articles
involving Restricted Data from definition of "defense articles".
Subsec. (e). Pub. L. 90-137, Sec. 303(a)(2), struck out "and
formerly Restricted Data" before "as defined" and excluded data
removed from the Restricted Data category under section 142d of the
Atomic Energy Act of 1954 (classified to section 2162(d) of Title
42) from definition of "defense information".
Subsec. (f). Pub. L. 90-137, Sec. 303(a)(3), excluded the
transfer of limited quantities of defense articles for test,
evaluation, or standardization purposes from definition of "defense
service" and defined "training", incorporating existing references
to orientation and training aid.
1965 - Subsec. (g). Pub. L. 89-171, Sec. 303(b)(1), inserted "and
not procured in anticipation of military assistance or sales
requirements, or pursuant to a military assistance or sales order",
and struck out "as grant assistance" after "international
organizations".
Subsec. (m). Pub. L. 89-171, Sec. 303(b)(2), (3), in par. (2)
substituted "Such standard price shall be the same price (including
authorized reduced prices)" for "Such price shall be the same
standard price", and in unnumbered par. after par. (3) substituted
"Military Assistance and sales programs" for "Military assistance
programs" and struck out "by the military assistance program" after
"supplying agency".
1963 - Subsec. (f). Pub. L. 88-205 inserted "including
orientation".
1962 - Subsec. (m)(2), (3). Pub. L. 87-565 struck out "as grant
assistance" after "international organizations".
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
605 of Pub. L. 95-424, set out as a note under section 2151 of this
title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-226 applicable with respect to each
fiscal year commencing on or after July 1, 1971, see section
304(c)(3) of Pub. L. 92-226, set out as a note under section 2394
of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-629 effective on July 1, 1968, see
section 41 of Pub. L. 90-629, set out as an Effective Date note
under section 2751 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2321c, 2349aa-2, 2378a,
2392, 2794, 2795, 7532, 7534 of this title.
-End-
-CITE-
22 USC Sec. 2404 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2404. Unexpended balances
-STATUTE-
Unexpended balances of funds made available pursuant to this
chapter, the Mutual Security Act of 1954, as amended, or the Latin
American Development Act, as amended, are hereby authorized to be
continued available for the general purposes for which
appropriated, and may at any time be consolidated, and, in
addition, may be consolidated with appropriations made available
for the same general purposes under the authority of this chapter.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 645, Sept. 4, 1961, 75 Stat. 462;
Pub. L. 87-565, pt. III, Sec. 303(c), Aug. 1, 1962, 76 Stat. 263;
Pub. L. 88-205, pt. III, Sec. 304, Dec. 16, 1963, 77 Stat. 390;
Pub. L. 89-171, pt. III, Sec. 303(c), Sept. 6, 1965, 79 Stat. 661.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
The Mutual Security Act of 1954, referred to in text, is act Aug.
26, 1954, ch. 937, 68 Stat. 832, as amended by acts July 8, 1955,
ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs. 2-11, 70 Stat.
555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30, 1958,
Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II, Secs. 201-205, ch.
III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72 Stat. 261;
July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101, ch. II,
Secs. 201-205(a)-(i), (k)-(n), ch. III, Sec. 301, ch. IV, Sec.
401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472, ch. I
to V, 74 Stat. 134, which was principally classified to chapter 24
(Sec. 1750 et seq.) of this title and which was repealed by act
July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559, Pub. L. 85-141,
Secs. 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L.
86-108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24, 1959, 73
Stat. 250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k), May 14,
1960, 74 Stat. 138, Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept.
4, 1961, 75 Stat. 460, Pub. L. 94-329, title II, Sec. 212(b)(1),
June 30, 1976, 90 Stat. 745, Pub. L. 104-127, title II, Sec. 228,
Apr. 4, 1996, 110 Stat. 963, except for sections 1754, 1783, 1796,
1853, 1928, and 1937 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
1754 of this title and Tables.
The Latin American Development Act, as amended, referred to in
text, is Pub. L. 86-735, Sept. 8, 1960, 74 Stat. 869, as amended,
which enacted sections 1942 to 1945 of this title and amended
section 1753a of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1942 of
this title and Tables.
-MISC1-
AMENDMENTS
1965 - Pub. L. 89-171 substituted "the Latin American Development
Act, as amended" for "Public Law 86-735".
1963 - Pub. L. 88-205 included balances of funds made available
under Public Law 86-735.
1962 - Pub. L. 87-565 inserted "this chapter" after "pursuant
to".
-End-
-CITE-
22 USC Sec. 2405 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2405. Separability
-STATUTE-
If any provision of this chapter or the application of any
provision to any circumstances or persons shall be held invalid,
the validity of the remainder of this chapter, and of the
applicability of such provision to other circumstances or persons
shall not be affected thereby.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 646, Sept. 4, 1961, 75 Stat. 462.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-End-
-CITE-
22 USC Sec. 2406 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2406. Development programs for dependable fuel supplies
-STATUTE-
It is of paramount importance that long-range economic plans take
cognizance of the need for a dependable supply of fuels, which is
necessary to orderly and stable development and growth, and that
dependence not be placed upon sources which are inherently hostile
to free countries and the ultimate well-being of economically
underdeveloped countries and which might exploit such dependence
for ultimate political domination. The agencies of government in
the United States are directed to work with other countries in
developing plans for basing development programs on the use of the
large and stable supply of relatively low cost fuels available in
the free world.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 647, Sept. 4, 1961, 75 Stat. 462.)
-MISC1-
PROHIBITION ON ASSISTANCE FOR NUCLEAR POWERPLANTS FOR FISCAL YEAR
1978
Pub. L. 95-92, Sec. 14, Aug. 4, 1977, 91 Stat. 622, which
prohibited any funds made available to carry out this chapter for
fiscal year 1978 from being used to finance the construction of,
the operation or maintenance of, or the supply of fuel for any
nuclear powerplant under an agreement of cooperation between the
United States and any other country, was repealed by Pub. L.
97-113, title VII, Sec. 734(a)(13), Dec. 29, 1981, 95 Stat. 1560.
NUCLEAR POWERPLANTS IN ISRAEL OR EGYPT
Pub. L. 93-559, Sec. 43, Dec. 30, 1974, 88 Stat. 1813, which
prohibited any funds authorized under Pub. L. 93-559 from being
used to finance the construction of, the operation or maintenance
of, or the supply of fuel for any nuclear powerplant in Israel or
Egypt, was repealed by Pub. L. 97-113, title VII, Sec. 734(a)(8),
Dec. 29, 1981, 95 Stat. 1560.
-End-
-CITE-
22 USC Sec. 2407 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2407. Special authorization for use of foreign currencies
-STATUTE-
Subject to the provisions of section 1306 of title 31, the
President is authorized, as a demonstration of good will on the
part of the people of the United States for the Polish and Italian
people, to use foreign currencies accruing to the United States
Government under this chapter or any other Act, for assistance on
such terms and conditions as he may specify, in the repair,
rehabilitation, improvement, and maintenance of cemeteries in Italy
serving as the burial place of members of the armed forces of
Poland who died in combat in Italy during World War II.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 648, as added Pub. L. 88-633, pt.
III, Sec. 303, Oct. 7, 1964, 78 Stat. 1014.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-COD-
CODIFICATION
"Section 1306 of title 31" substituted in text for "section 1415
of the Supplemental Appropriation Act, 1953, [31 U.S.C. 724]" on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2408 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2408. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
1978, 92 Stat. 961
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 649, as added Pub. L.
89-171, pt. III, Sec. 303(d), Sept. 6, 1965, 79 Stat. 661, related
to aggregate of total amounts authorized to be appropriated under
this chapter.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section
2151 of this title.
-End-
-CITE-
22 USC Sec. 2409 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2409. Use of United States Armed Forces
-STATUTE-
The furnishing of economic, military, or other assistance under
this chapter shall not be construed as creating a new commitment or
as affecting any existing commitment to use Armed Forces of the
United States for the defense of any foreign country.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 650, as added Pub. L. 90-137, pt.
III, Sec. 303(b), Nov. 14, 1967, 81 Stat. 462.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-End-
-CITE-
22 USC Sec. 2410 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2410. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
1978, 92 Stat. 961
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 651, as added Pub. L.
90-554, pt. III, Sec. 303, Oct. 8, 1968, 82 Stat. 966, related to
sale of supersonic planes to Israel.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section
2151 of this title.
-End-
-CITE-
22 USC Sec. 2410a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2410a. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(15),
Dec. 29, 1981, 95 Stat. 1560
-MISC1-
Section, Pub. L. 91-672, Sec. 7, Jan. 12, 1971, 84 Stat. 2054,
restricted sale, grant, loan, or transfer of International Fighter
aircraft to any foreign country, or agency thereof, other than
South Vietnam.
-End-
-CITE-
22 USC Sec. 2411 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2411. Limitation upon exercise of special authorities
-STATUTE-
The President shall not exercise any special authority granted to
him under section 2318(a), 2348a(c)(2), or 2360(a) of this title
unless the President, before he intends to exercise any such
authority, notifies the Speaker of the House of Representatives and
the Committee on Foreign Relations of the Senate in writing of each
such intended exercise, the section of this chapter under which
such authority is to be exercised, and the justification for, and
the extent of, the exercise of such authority.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 652, as added Pub. L. 91-652, Sec.
8, Jan. 5, 1971, 84 Stat. 1943; amended Pub. L. 92-226, pt. III,
Sec. 304(a)(1), Feb. 7, 1972, 86 Stat. 28; Pub. L. 96-533, title I,
Sec. 117(b), Dec. 16, 1980, 94 Stat. 3141; Pub. L. 99-83, title I,
Sec. 105(b)(2), Aug. 8, 1985, 99 Stat. 196; Pub. L. 104-164, title
I, Sec. 103(c), July 21, 1996, 110 Stat. 1424.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-164 substituted "before he intends" for "prior
to the date he intends".
1985 - Pub. L. 99-83 inserted reference to section 2348a(c)(2) of
this title.
1980 - Pub. L. 96-533 struck out reference to section 2364(a) of
this title.
1972 - Pub. L. 92-226 struck out provision which limited exercise
of special authority for purpose of providing additional assistance
to Cambodia and which required thirty days notice to congressional
committee (ten days in emergencies requiring immediate assistance)
of intention to exercise such authority.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC2-
FUNDS NOT TO BE USED TO FINANCE INTRODUCTION OF UNITED STATES
GROUND COMBAT TROOPS INTO CAMBODIA OR PROVIDE ADVISERS FOR SECURITY
OR INTELLIGENCE FORCES IN CAMBODIA; ASSISTANCE TO CAMBODIA NOT TO
BE CONSTRUED AS COMMITMENT BY UNITED STATES TO CAMBODIA FOR ITS
DEFENSE
Section 7 of Pub. L. 91-652, as amended by Pub. L. 92-226, pt.
IV, Sec. 408, Feb. 7, 1972, 86 Stat. 35, provided that:
"(a) In line with the expressed intention of the President of the
United States, none of the funds authorized or appropriated
pursuant to this or any other Act may be used to finance the
introduction of United States ground combat troops into Cambodia,
or to provide United States advisers to or for military,
paramilitary, police, or other security or intelligence forces in
Cambodia.
"(b) Military and economic assistance provided by the United
States to Cambodia and authorized or appropriated pursuant to this
or any other Act shall not be construed as a commitment by the
United States to Cambodia for its defense."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2318 of this title.
-End-
-CITE-
22 USC Sec. 2412 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2412. Limitation on foreign assistance appropriations
-STATUTE-
(a) Restrictions on appropriations in absence of or in excess of
prior authorizations
Notwithstanding any provision of law enacted before January 12,
1971, no money appropriated for foreign assistance (including
foreign military sales) shall be available for obligation or
expenditure -
(1) unless the appropriation thereof has been previously
authorized by law; or
(2) in excess of an amount previously prescribed by law.
(b) Exception
To the extent that legislation enacted after the making of an
appropriation for foreign assistance (including foreign military
sales) authorizes the obligation or expenditure thereof, the
limitation contained in subsection (a) of this section shall have
no effect.
(c) Specific repeal or modification of section
The provisions of this section shall not be superseded except by
a provision of law enacted after January 12, 1971, which
specifically repeals or modifies the provisions of this section.
-SOURCE-
(Pub. L. 91-672, Sec. 10, Jan. 12, 1971, 84 Stat. 2055.)
-COD-
CODIFICATION
Section was not enacted as part of Pub. L. 87-195, Sept. 4, 1961,
75 Stat. 424, known as the Foreign Assistance Act of 1961, which
comprises this chapter.
-End-
-CITE-
22 USC Sec. 2413 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2413. Changes in allocation of foreign assistance
-STATUTE-
(a) Notification by President to foreign country
Not later than thirty days after the enactment of any law
appropriating funds to carry out any provision of this chapter
(other than section 2261 or 2397 of this title) or the Arms Export
Control Act [22 U.S.C. 2751 et seq.], the President shall notify
the Congress of each foreign country and international organization
to which the United States Government intends to provide any
portion of the funds under such law and of the amount of funds
under that law, by category of assistance, that the United States
Government intends to provide to each.
(b) Application of provisions to continuing appropriations; waiver
of provisions
The provisions of this section shall not apply in the case of any
law making continuing appropriations and may not be waived under
the provisions of section 2364(a) of this title.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 653, as added Pub. L. 92-226, pt.
III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 28; amended Pub. L.
93-559, Sec. 21, Dec. 30, 1974, 88 Stat. 1801; Pub. L. 95-384,
Secs. 10(b)(3), 12(c)(2), Sept. 26, 1978, 92 Stat. 735, 737; Pub.
L. 99-83, title XII, Sec. 1209(b), Aug. 8, 1985, 99 Stat. 279.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsec. (a), is Pub.
L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
classified principally to chapter 39 (Sec. 2751 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2751 of this title and
Tables.
-MISC1-
AMENDMENTS
1985 - Subsec. (a). Pub. L. 99-83, Sec. 1209(b)(1), inserted
reference to the Arms Export Control Act.
Subsecs. (b), (c). Pub. L. 99-83, Sec. 1209(b)(2), (3),
redesignated subsec. (c) as (b). Former subsec. (b), relating to
report to Congress prior to grant of assistance with excess funds,
was struck out.
1978 - Subsec. (b). Pub. L. 95-384 substituted in provisions
preceding par. (1) in two places and in par. (2) "assistance under
part IV of subchapter II of this chapter" for "security supporting
assistance" and in provisions preceding par. (1) in two places
"part VI of subchapter II" for "subchapter IV" and inserted in par.
(2) "or assistance under part VI of subchapter II of this chapter"
before ", the President includes".
1974 - Subsec. (a). Pub. L. 93-559, Sec. 21(1), struck out
provisions limiting the military grant assistance or security
supporting assistance to any foreign country or international
organization to an amount not more than 10 percent of funds
authorized under any law unless the President determines that it
would be in the security interests of the United States to provide
excess funds and reports to Congress the identity of the recipient,
the amount of excess funds provided, and the justification for
additional assistance. See subsec. (b) of this section.
Subsecs. (b), (c). Pub. L. 93-559, Sec. 21(2), added subsec. (b)
and redesignated former subsec. (b) as (c).
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2291j, 2360, 2394-1 of
this title.
-End-
-CITE-
22 USC Sec. 2414 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2414. Presidential findings and determinations
-STATUTE-
(a) Report to Congress
In any case in which the President is required to make a report
to the Congress, or to any committee or officer of either House of
Congress, concerning any finding or determination under any
provision of this chapter, the Foreign Military Sales Act [22
U.S.C. 2751 et seq.], or the Foreign Assistance and Related
Programs Appropriation Act for each fiscal year, that finding or
determination shall be reduced to writing and signed by the
President.
(b) Action prohibition prior to execution of report
No action shall be taken pursuant to any such finding or
determination prior to the date on which that finding or
determination has been reduced to writing and signed by the
President.
(c) Publication in Federal Register
Each such finding or determination shall be published in the
Federal Register as soon as practicable after it has been reduced
to writing and signed by the President. In any case in which the
President concludes that such publication would be harmful to the
national security of the United States, only a statement that a
determination or finding has been made by the President, including
the name and section of the Act under which it was made, shall be
published.
(d) Information accessible to Congress prior to transmission of
report
No committee or officer of either House of Congress shall be
denied any requested information relating to any finding or
determination which the President is required to report to the
Congress, or to any committee or officer of either House of
Congress, under any provision of this chapter, the Foreign Military
Sales Act [22 U.S.C. 2751 et seq.], or the Foreign Assistance and
Related Programs Appropriation Act for each fiscal year, even
though such report has not yet been transmitted to the appropriate
committee or officer of either House of Congress.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 654, as added Pub. L. 92-226, pt.
III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 29.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (d), was in the
original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
The Foreign Military Sales Act, referred to in subsecs. (a) and
(d), is Pub. L. 90-629, ch. 1, Oct. 22, 1968, 82 Stat. 1320, as
amended, known as the Arms Export Control Act, on authority of
section 201(b) of Pub. L. 94-329, title II, June 30, 1976, 90 Stat.
734, and is classified principally to chapter 39 (Sec. 2751 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2751 of this title
and Tables.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 6448 of this title.
-End-
-CITE-
22 USC Sec. 2414a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2414a. Annual report to Congress on voting practices at United
Nations
-STATUTE-
(a) In general
Not later than March 31 of each year, the Secretary of State
shall transmit to the Speaker of the House of Representatives and
the chairman of the Committee on Foreign Relations of the Senate a
full and complete annual report which assesses for the preceding
calendar year, with respect to each foreign country member of the
United Nations, the voting practices of the governments of such
countries at the United Nations, and which evaluates General
Assembly and Security Council actions and the responsiveness of
those governments to United States policy on issues of special
importance to the United States.
(b) Information on voting practices in United Nations
Such report shall include, with respect to voting practices and
plenary actions in the United Nations during the preceding calendar
year, information to be compiled and supplied by the Permanent
Representative of the United States to the United Nations,
consisting of -
(1) an analysis and discussion, prepared in consultation with
the Secretary of State, of the extent to which member countries
supported United States policy objectives at the United Nations;
(2) an analysis and discussion, prepared in consultation with
the Secretary of State, of actions taken by the United Nations by
consensus;
(3) with respect to plenary votes of the United Nations General
Assembly -
(A) a listing of all such votes on issues which directly
affected important United States interests and on which the
United States lobbied extensively and a brief description of
the issues involved in each such vote;
(B) a listing of the votes described in subparagraph (A)
which provides a comparison of the vote cast by each member
country with the vote cast by the United States;
(C) a country-by-country listing of votes described in
subparagraph (A); and
(D) a listing of votes described in subparagraph (A)
displayed in terms of United Nations regional caucus groups;
(4) a listing of all plenary votes cast by member countries of
the United Nations in the General Assembly which provides a
comparison of the votes cast by each member country with the vote
cast by the United States;
(5) an analysis and discussion, prepared in consultation with
the Secretary of State, of the extent to which other members
supported United States policy objectives in the Security Council
and a separate listing of all Security Council votes of each
member country in comparison with the United States; and
(6) a side-by-side comparison of agreement on important and
overall votes for each member country and the United States.
(c) Format
Information required pursuant to subsection (b)(3) of this
section shall also be submitted, together with an explanation of
the statistical methodology, in a format identical to that
contained in chapter II of the Report to Congress on Voting
Practices in the United Nations, dated March 14, 1988.
(d) Statement by Secretary of State
Each report under subsection (a) of this section shall contain a
statement by the Secretary of State discussing the measures which
have been taken to inform United States diplomatic missions of
United Nations General Assembly and Security Council activities.
-SOURCE-
(Pub. L. 101-246, title IV, Sec. 406, Feb. 16, 1990, 104 Stat. 66.)
-COD-
CODIFICATION
Section is comprised of section 406 of Pub. L. 101-246. Subsec.
(e) of section 406 of Pub. L. 101-246 repealed provisions contained
in prior appropriation acts which had been formerly set out as this
section. See Similar Provisions note below.
Section was enacted as part of the appropriation act cited as the
credit to this section, and not as part of the Foreign Assistance
Act of 1961 which comprises this chapter.
-MISC1-
SIMILAR PROVISIONS
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 101-167, title V, Sec. 527, Nov. 21, 1989, 103 Stat.
1223.
Pub. L. 100-461, title V, Sec. 527, Oct. 1, 1988, 102 Stat.
2268-26; repealed by Pub. L. 101-167, title V, Sec. 527(e)(6), Nov.
21, 1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, Sec.
406(e)(5), Feb. 16, 1990, 104 Stat. 67.
Pub. L. 100-202, Sec. 101(e) [title V, Sec. 528], Dec. 22, 1987,
101 Stat. 1329-131, 1329-158; repealed by Pub. L. 101-167, title V,
Sec. 527(e)(5), Nov. 21, 1989, 103 Stat. 1224, and Pub. L. 101-246,
title IV, Sec. 406(e)(4), Feb. 16, 1990, 104 Stat. 67.
Pub. L. 99-500, Sec. 101(f) [title V, Sec. 528], Oct. 18, 1986,
100 Stat. 1783-213, 1783-230, and Pub. L. 99-591, Sec. 101(f)
[title V, Sec. 528], Oct. 30, 1986, 100 Stat. 3341-214, 3341-230;
repealed by Pub. L. 101-167, title V, Sec. 527(e)(4), Nov. 21,
1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, Sec.
406(e)(3), Feb. 16, 1990, 104 Stat. 67.
Pub. L. 99-190, Sec. 101(i) [title V, Sec. 529], Dec. 19, 1985,
99 Stat. 1291, 1307; repealed by Pub. L. 101-167, title V, Sec.
527(e)(3), Nov. 21, 1989, 103 Stat. 1224, and Pub. L. 101-246,
title IV, Sec. 406(e)(2), Feb. 16, 1990, 104 Stat. 67.
Pub. L. 98-473, title I, Sec. 101(1) [title V, Sec. 530], Oct.
12, 1984, 98 Stat. 1884, 1900; repealed by Pub. L. 101-167, title
V, Sec. 527(e)(2), Nov. 21, 1989, 103 Stat. 1224.
Pub. L. 98-151, Sec. 101(b)(1), Nov. 14, 1983, 97 Stat. 967;
repealed by Pub. L. 101-167, title V, Sec. 527(e)(1), Nov. 21,
1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, Sec.
406(e)(1), Feb. 16, 1990, 104 Stat. 67.
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF SECRETARY OF
STATE
Pub. L. 106-429, Sec. 101(a) [title V, Sec. 559], Nov. 6, 2000,
114 Stat. 1900, 1900A-45, which required that the report submitted
to Congress under subsec. (a) of this section include, in addition
to the voting practices of a foreign country, a side-by-side
comparison of individual countries' overall support for the United
States at the United Nations and the amount of United States
assistance, as defined in section 2291(e)(4) of this title,
provided to such country in fiscal year 2000, was from the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 2001, and was not repeated in subsequent appropriation acts.
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 560],
Nov. 29, 1999, 113 Stat. 1535, 1501A-104.
Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 562], Oct.
21, 1998, 112 Stat. 2681-150, 2681-193.
Pub. L. 105-118, title V, Sec. 563, Nov. 26, 1997, 111 Stat.
2427.
Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
580], Sept. 30, 1996, 110 Stat. 3009-121, 3009-170.
-End-
-CITE-
22 USC Sec. 2415 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2415. Annual military assistance report
-STATUTE-
(a) Report required
Not later than February 1 of each year, the President shall
transmit to the Congress an annual report for the fiscal year
ending the previous September 30.
(b) Information relating to military assistance and military
exports
Each such report shall show the aggregate dollar value and
quantity of defense articles (including excess defense articles),
defense services, and international military education and training
activities authorized by the United States and of such articles,
services, and activities provided by the United States, excluding
any activity that is reportable under title V of the National
Security Act of 1947 [50 U.S.C. 413 et seq.], to each foreign
country and international organization. The report shall specify,
by category, whether such defense articles -
(1) were furnished by grant under part II or part V of
subchapter II of this chapter or under any other authority of law
or by sale under chapter 2 of the Arms Export Control Act [22
U.S.C. 2761 et seq.];
(2) were furnished with the financial assistance of the United
States Government, including through loans and guarantees; or
(3) were licensed for export under section 38 of the Arms
Export Control Act [22 U.S.C. 2778] and, if so, a specification
of those defense articles that were exported during the fiscal
year covered by the report, including, in the case of defense
articles that are firearms controlled under category I of the
United States Munitions List, a statement of the aggregate dollar
value and quantity of semiautomatic assault weapons, or spare
parts for such weapons, the manufacture, transfer, or possession
of which is unlawful under section 922 of title 18, that were
licensed for export during the period covered by the report.
(c) Availability on Internet
All unclassified portions of such report shall be made available
to the public on the Internet through the Department of State.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 655, as added Pub. L. 104-106, div.
A, title XIII, Sec. 1324(c), Feb. 10, 1996, 110 Stat. 481; amended
Pub. L. 104-164, title I, Sec. 148, July 21, 1996, 110 Stat. 1435;
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XIII, Sec.
1306], Nov. 29, 1999, 113 Stat. 1536, 1501A-512; Pub. L. 106-280,
title VII, Sec. 702, Oct. 6, 2000, 114 Stat. 861; Pub. L. 107-228,
div. B, title XII, Secs. 1205(c), 1262(b), Sept. 30, 2002, 116
Stat. 1428, 1434.)
-REFTEXT-
REFERENCES IN TEXT
The National Security Act of 1947, referred to in subsec. (b), is
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of
the Act is classified generally to subchapter III (Sec. 413 et
seq.) of chapter 15 of Title 50, War and National Defense. For
complete classification of this Act to the Code, see Short Title
note set out under section 401 of Title 50 and Tables.
The Arms Export Control Act, referred to in subsec. (b)(1), is
Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapter 2
of the Act is classified generally to subchapter II (Sec. 2761 et
seq.) of chapter 39 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
2751 of this title and Tables.
-MISC1-
PRIOR PROVISIONS
A prior section 2415, Pub. L. 87-195, pt. III, Sec. 655, as added
Pub. L. 92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 29;
amended Pub. L. 93-559, Sec. 39(a), Dec. 30, 1974, 88 Stat. 1810;
Pub. L. 94-329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761,
related to limitation in amounts to be expended for assistance to
Cambodia, prior to repeal by Pub. L. 95-424, title VI, Secs. 604,
605, Oct. 6, 1978, 92 Stat. 961, effective Oct. 1, 1978.
AMENDMENTS
2002 - Subsec. (b)(3). Pub. L. 107-228, Sec. 1205(c), inserted
before period at end ", including, in the case of defense articles
that are firearms controlled under category I of the United States
Munitions List, a statement of the aggregate dollar value and
quantity of semiautomatic assault weapons, or spare parts for such
weapons, the manufacture, transfer, or possession of which is
unlawful under section 922 of title 18, that were licensed for
export during the period covered by the report".
Subsecs. (c), (d). Pub. L. 107-228, Sec. 1262(b), redesignated
subsec. (d) as (c) and struck out heading and text of former
subsec. (c). Text read as follows: "Each such report shall also
include the total amount of military items manufactured outside the
United States that were imported into the United States during the
fiscal year covered by the report. For each country of origin the
report shall show the type of item being imported and the total
amount of the items."
2000 - Subsec. (b)(3). Pub. L. 106-280 inserted before the period
at end "and, if so, a specification of those defense articles that
were exported during the fiscal year covered by the report".
1999 - Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII,
Sec. 1306(a)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: "Each such
report shall show the aggregate dollar value and quantity of
defense articles (including excess defense articles), defense
services, and international military education and training
authorized by the United States, excluding that which is pursuant
to activies reportable under title V of the National Security Act
of 1947, to each foreign country and international organization.
The report shall specify, by category, whether such defense
articles -
"(1) were furnished by grant under part II or part V of
subchapter II of this chapter or under any other authority of law
or by sale under chapter 2 of the Arms Export Control Act; or
"(2) were licensed for export under section 38 of the Arms
Export Control Act."
Subsec. (d). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII, Sec.
1306(b)], added subsec. (d).
1996 - Pub. L. 104-164 substituted "Annual military assistance
report" for "Annual report on military assistance, military
exports, and military imports" in section catchline and amended
text generally. Prior to amendment, text read as follows:
"(a) Report Required. - Not later than February 1 of each of 1996
and 1997, the President shall transmit to Congress a report
concerning military assistance authorized or furnished for the
fiscal year ending the previous September 30.
"(b) Information Relating to Military Assistance and Military
Exports. - Each such report shall show the aggregate dollar value
and quantity of defense articles (including excess defense
articles) and defense services, and of military education and
training, authorized or furnished by the United States to each
foreign country and international organization. The report shall
specify, by category, whether those articles and services, and that
education and training, were furnished by grant under part II or
part V of subchapter II of this chapter or by sale under chapter 2
of the Arms Export Control Act or were authorized by commercial
sale licensed under section 38 of the Arms Export Control Act.
"(c) Information Relating to Military Imports. - Each such report
shall also include the total amount of military items of non-United
States manufacture that were imported into the United States during
the fiscal year covered by the report. The report shall show the
country of origin, the type of item being imported, and the total
amount of items."
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2416 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2416. Annual foreign military training report
-STATUTE-
(a) Annual report
(1) In general
Not later than January 31 of each year, the Secretary of
Defense and the Secretary of State shall jointly prepare and
submit to the appropriate congressional committees a report on
all military training provided to foreign military personnel by
the Department of Defense and the Department of State during the
previous fiscal year and all such training proposed for the
current fiscal year.
(2) Exception for certain countries
Paragraph (1) does not apply to any NATO member, Australia,
Japan, or New Zealand, unless one of the appropriate
congressional committees has specifically requested, in writing,
inclusion of such country in the report. Such request shall be
made not later than 90 calendar days prior to the date on which
the report is required to be transmitted.
(b) Contents
The report described in subsection (a) of this section shall
include the following:
(1) For each military training activity, the foreign policy
justification and purpose for the activity, the number of foreign
military personnel provided training and their units of
operation, and the location of the training.
(2) For each country, the aggregate number of students trained
and the aggregate cost of the military training activities.
(3) With respect to United States personnel, the operational
benefits to United States forces derived from each military
training activity and the United States military units involved
in each activity.
(c) Form
The report described in subsection (a) of this section shall be
in unclassified form but may include a classified annex.
(d) Availability on Internet
All unclassified portions of the report described in subsection
(a) of this section shall be made available to the public on the
Internet through the Department of State.
(e) Definition
In this section, the term "appropriate congressional committees"
means -
(1) the Committee on Appropriations and the Committee on
International Relations of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 656, as added Pub. L. 106-113, div.
B, Sec. 1000(a)(7) [div. B, title XIII, Sec. 1307], Nov. 29, 1999,
113 Stat. 1536, 1501A-512; amended Pub. L. 107-228, div. B, title
XII, Sec. 1262(a), Sept. 30, 2002, 116 Stat. 1434.)
-MISC1-
PRIOR PROVISIONS
A prior section 2416, Pub. L. 87-195, pt. III, Sec. 656, as added
Pub. L. 92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 30;
amended Pub. L. 93-559, Sec. 39(b), Dec. 30, 1974, 88 Stat. 1810;
Pub. L. 94-329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761,
related to limitation on number of United States personnel in
Cambodia, prior to repeal by Pub. L. 95-424, title VI, Secs. 604,
605, Oct. 6, 1978, 92 Stat. 961, effective Oct. 1, 1978.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-228 designated existing
provisions as par. (1), inserted par. (1) heading, and added par.
(2).
-End-
-CITE-
22 USC Sec. 2417 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2417. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),
Dec. 29, 1981, 95 Stat. 1560
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 657, as added Pub. L.
95-384, Sec. 14, Sept. 26, 1978, 92 Stat. 739, required annual
Presidential reports for fiscal year ending previous Sept. 30
respecting military assistance, military education and training
assistance, foreign military sales, and commercial military sales.
See sections 2394 and 2765 of this title.
PRIOR PROVISIONS
A prior section 2417, Pub. L. 87-195, pt. III, Sec. 657, as added
Pub. L. 92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 30;
amended Pub. L. 93-189, Sec. 23, Dec. 17, 1973, 87 Stat. 726; Pub.
L. 94-273, Sec. 5(2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-329,
title II, Sec. 216, June 30, 1976, 90 Stat. 747, related to an
annual report by the President to Congress showing the dollar value
of foreign assistance including military sales, education and
training, prior to repeal by Pub. L. 95-424, title V, Sec.
502(d)(1), Oct. 6, 1978, 92 Stat. 959, effective Oct. 1, 1978.
-End-
-CITE-
22 USC Sec. 2418 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2418. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
1978, 92 Stat. 961
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 658, as added Pub. L.
92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 32, related to
certification by the Comptroller General of the release of
previously impounded funds prior to the expenditure of funds
appropriated to carry out the purposes of this chapter.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section
2151 of this title.
-End-
-CITE-
22 USC Sec. 2419 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2419. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),
Dec. 29, 1981, 95 Stat. 1560
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 659, as added Pub. L.
93-559, Sec. 29(a), Dec. 30, 1974, 88 Stat. 1803, prohibited aid to
any country containing a military base constructed, maintained, or
used by the United States if access to such base was denied unduly
to bona fide media correspondents of the United States by the
country in question.
-End-
-CITE-
22 USC Sec. 2420 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2420. Police training prohibition
-STATUTE-
(a) Effective date of prohibition
On and after July 1, 1975, none of the funds made available to
carry out this chapter, and none of the local currencies generated
under this chapter, shall be used to provide training or advice, or
provide any financial support, for police, prisons, or other law
enforcement forces for any foreign government or any program of
internal intelligence or surveillance on behalf of any foreign
government within the United States or abroad.
(b) Exception; qualification
Subsection (a) of this section shall not apply -
(1) with respect to assistance rendered under section 3763(c)
(!1) of title 42, with respect to any authority of the Drug
Enforcement Administration or the Federal Bureau of Investigation
which relates to crimes of the nature which are unlawful under
the laws of the United States, or with respect to assistance
authorized under section 2291a of this title;
(2) to any contract entered into prior to December 30, 1974,
with any person, organization, or agency of the United States
Government to provide personnel to conduct, or assist in
conducting, any such program;
(3) with respect to assistance, including training, in maritime
law enforcement and other maritime skills;
(4) with respect to assistance provided to police forces in
connection with their participation in the regional security
system of the Eastern Caribbean states; or (!2)
(5) with respect to assistance, including training, relating to
sanctions monitoring and enforcement;
(6) with respect to assistance provided to reconstitute
civilian police authority and capability in the post-conflict
restoration of host nation infrastructure for the purposes of
supporting a nation emerging from instability, and the provision
of professional public safety training, to include training in
internationally recognized standards of human rights, the rule of
law, anti-corruption, and the promotion of civilian police roles
that support democracy;
(7) with respect to assistance provided to customs authorities
and personnel, including training, technical assistance and
equipment, for customs law enforcement and the improvement of
customs laws, systems and procedures.
Notwithstanding clause (2), subsection (a) of this section shall
apply to any renewal or extension of any contract referred to in
such paragraph entered into on or after December 30, 1974.
(c) Country with longstanding democratic tradition, etc.
Subsection (a) of this section shall not apply with respect to a
country which has a longstanding democratic tradition, does not
have standing armed forces, and does not engage in a consistent
pattern of gross violations of internationally recognized human
rights.
(d) Assistance to Honduras or El Salvador
Notwithstanding the prohibition contained in subsection (a) of
this section assistance may be provided to Honduras or El Salvador
for fiscal years 1986 and 1987 if, at least 30 days before
providing assistance, the President notifies the Committee on
Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate, in accordance with the
procedures applicable to reprogramming notifications pursuant to
section 2394-1 of this title, that he has determined that the
government of the recipient country has made significant progress,
during the preceding six months, in eliminating any human rights
violations including torture, incommunicado detention, detention of
persons solely for the nonviolent expression of their political
views, or prolonged detention without trial. Any such notification
shall include a full description of the assistance which is
proposed to be provided and of the purposes to which it is to be
directed.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 660, as added Pub. L. 93-559, Sec.
30(a), Dec. 30, 1974, 88 Stat. 1803; amended Pub. L. 99-83, title
I, Sec. 127(b), title VII, Sec. 711, Aug. 8, 1985, 99 Stat. 205,
243; Pub. L. 101-513, title V, Sec. 594, Nov. 5, 1990, 104 Stat.
2060; Pub. L. 104-107, title V, Sec. 540A(d), Feb. 12, 1996, 110
Stat. 737; Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec.
574], Nov. 29, 1999, 113 Stat. 1535, 1501A-111.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
Section 3763(c) of title 42, referred to in subsec. (b)(1), was
in the original section 515(c) of the Omnibus Crime Control and
Safe Streets Act of 1968 [title I of Pub. L. 90-351, June 19, 1968,
82 Stat. 207]. Section 515 was omitted in the general revision of
title I of Pub. L. 90-351 by Pub. L. 96-157, Sec. 2, Dec. 27, 1979,
93 Stat. 1167.
-MISC1-
AMENDMENTS
1999 - Subsec. (b)(7). Pub. L. 106-113 added par. (7).
1996 - Subsec. (b)(5), (6). Pub. L. 104-107 added pars. (5) and
(6).
1990 - Subsec. (b)(4). Pub. L. 101-513, which directed the
amendment of this section by adding par. (4) at "the end of the
subsection", was executed by adding par. (4) after par. (3) in
subsec. (b) to reflect the probable intent of Congress.
1985 - Subsec. (b)(3). Pub. L. 99-83, Sec. 127(b), added par.
(3).
Subsecs. (c), (d). Pub. L. 99-83, Sec. 711, added subsecs. (c)
and (d).
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC2-
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC3-
EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR SPECIFIC
FISCAL YEARS FROM PROHIBITION ON ASSISTANCE FOR LAW ENFORCEMENT
AGENCIES
Pub. L. 103-447, title I, Sec. 104, Nov. 2, 1994, 108 Stat. 4694,
provided that:
"(a) Exemption. - For fiscal year 1995, section 660 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply
with respect to -
"(1) transfers of excess defense articles under section 517 of
that Act (22 U.S.C. 2321k);
"(2) funds made available for the 'Foreign Military Financing
Program' under section 23 of the Arms Export Control Act (22
U.S.C. 2763) that are used for assistance provided for
narcotics-related purposes; or
"(3) international military education and training under
chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 and following) that is provided for narcotics-related
purposes.
"(b) Notification to Congress. - At least 15 days before any
transfer under subsection (a)(1) or any obligation of funds under
subsection (a)(2) or (a)(3), the President shall notify the
appropriate congressional committees (as defined in section 481(e)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e))[)] in
accordance with the procedures applicable to reprogramming
notifications under section 634A of that Act (22 U.S.C. 2394) [22
U.S.C. 2394-1].
"(c) Coordination With International Narcotics Control Assistance
Program. - Assistance provided pursuant to this section shall be
coordinated with international narcotics control assistance under
chapter 8 of part 1 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291 et seq.)."
Pub. L. 102-583, Sec. 7, Nov. 2, 1992, 106 Stat. 4933, provided
for exemption of narcotics-related military assistance for fiscal
years 1993 and 1994 from prohibition on assistance for law
enforcement agencies, prior to repeal by Pub. L. 103-447, title I,
Sec. 103(a), Nov. 2, 1994, 108 Stat. 4693.
-EXEC-
ASSISTANCE TO PUBLIC SECURITY FORCES OF EL SALVADOR; DELEGATION OF
FUNCTIONS
Determination of the President of the United States, No. 86-2,
Oct. 29, 1985, 50 F.R. 48073, provided:
Memorandum for the Honorable George P. Shultz, the Secretary of
State
Pursuant to Section 660(d) of the Foreign Assistance Act of 1961,
as amended [22 U.S.C. 2420(d)], I hereby determine that the
Government of El Salvador has made significant progress, during the
six month period preceding this determination, in eliminating any
human rights violations including torture, incommunicado detention,
detention of persons solely for the non-violent expression of their
political views, or prolonged detention without trial.
You are requested to report this determination to the Congress
immediately, together with a full description of the assistance to
be provided and of the purposes to which it is to be directed. None
of the assistance so provided shall be furnished until 30 days
after such a report has been made, as required by law.
I hereby delegate to the Secretary of State authority to make
such determinations and reports as called for in the future under
Section 660(d).
This determination shall be published in the Federal Register.
Ronald Reagan.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2151q, 2346c, 2398 of
this title.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. The word "or" probably should appear at end
of par. (6).
-End-
-CITE-
22 USC Sec. 2421 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2421. Trade and Development Agency
-STATUTE-
(a) Purpose
The Trade and Development Agency shall be an agency of the United
States under the foreign policy guidance of the Secretary of State.
The purpose of the Trade and Development Agency is to promote
United States private sector participation in development projects
in developing and middle-income countries, with special emphasis on
economic sectors with significant United States export potential,
such as energy, transportation, telecommunications, and
environment.
(b) Authority to provide assistance
(1) Authority
The Director of the Trade and Development Agency is authorized
to work with foreign countries, including those in which the
United States development programs have been concluded or those
not receiving assistance under subchapter I of this chapter, to
carry out the purpose of this section by providing funds for
feasibility studies, architectural and engineering design, and
other activities related to development projects which provide
opportunities for the use of United States exports.
(2) Use of funds
Funds under this section may be used to provide support for
feasibility studies for the planning, development, and management
of, and procurement for, bilateral and multilateral development
projects, including training activities undertaken in connection
with a project, for the purpose of promoting the use of United
States goods and services in such projects. Funds under this
section may also be used for architectural and engineering
design, including -
(A) concept design, which establishes the basic technical and
operational criteria for a project, such as architectural
drawings for a proposed facility, evaluation of site
constraints, procurement requirements, and equipment
specifications; and
(B) detail design, which sets forth specific dimensions and
criteria for structural, mechanical, electrical, and
architectural operations, and identifies other resources
required for project operations.
(3) Information dissemination
(A) The Trade and Development Agency shall disseminate
information about its project activities to the private sector.
(B) Other agencies of the United States Government shall
cooperate with the Trade and Development Agency in order for the
Agency to provide more effectively informational services to
persons in the private sector concerning trade development and
export promotion related to development projects.
(4) Nonapplicability of other provisions
Any funds used for purposes of this section may be used
notwithstanding any other provision of law.
(5) Contributions to costs
The Trade and Development Agency shall, to the maximum extent
practicable, require corporations and other entities to -
(A) share the costs of feasibility studies and other project
planning services funded under this section; and
(B) reimburse the Trade and Development Agency those funds
provided under this section, if the corporation or entity
concerned succeeds in project implementation.
(c) Director and personnel
(1) Director
There shall be at the head of the Trade and Development Agency
a Director who shall be appointed by the President, by and with
the advice and consent of the Senate.
(2) Officers and employees
(A) The Director may appoint such officers and employees of the
Trade and Development Agency as the Director considers
appropriate.
(B) The officers and employees appointed under this paragraph
shall have such functions as the Director may determine.
(C) Of the officers and employees appointed under this
paragraph, 2 may be appointed without regard to the provisions of
title 5, governing appointments in the competitive service, and
may be compensated without regard to the provisions of chapter 51
or subchapter III of chapter 53 of such title.
(D) Under such regulations as the President may prescribe, any
individual appointed under subparagraph (C) may be entitled, upon
removal (except for cause) from the position to which the
appointment was made, to reinstatement to the position occupied
by that individual at the time of appointment or to a position of
comparable grade and pay.
(d) Annual report
The President shall, not later than December 31 of each year,
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on the activities of the Trade and Development
Agency in the preceding fiscal year.
(e) Audits
(1) In general
The Trade and Development Agency shall be subject to the
provisions of chapter 35 of title 31, except as otherwise
provided in this section.
(2) Independent audit
An independent certified public accountant shall perform a
financial and compliance audit of the financial statements of the
Trade and Development Agency each year, in accordance with
generally accepted Government auditing standards for a financial
and compliance audit, taking into consideration any standards
recommended by the Comptroller General. The independent certified
public accountant shall report the results of such audit to the
Director of the Trade and Development Agency. The financial
statements of the Trade and Development Agency shall be presented
in accordance with generally accepted accounting principles.
These financial statements and the report of the accountant shall
be included in a report which contains, to the extent applicable,
the information identified in section 3512 of title 31, and which
the Trade and Development Agency shall submit to the Congress not
later than 6 1/2 months after the end of the last fiscal year
covered by the audit. The Comptroller General may review the
audit conducted by the accountant and the report to the Congress
in the manner and at such times as the Comptroller General
considers necessary.
(3) Audit by Comptroller General
In lieu of the financial and compliance audit required by
paragraph (2), the Comptroller General shall, if the Comptroller
General considers it necessary or upon the request of the
Congress, audit the financial statements of the Trade and
Development Agency in the manner provided in paragraph (2).
(4) Availability of information
All books, accounts, financial records, reports, files,
workpapers, and property belonging to or in use by the Trade and
Development Agency and the accountant who conducts the audit
under paragraph (2), which are necessary for purposes of this
subsection, shall be made available to the representatives of the
General Accounting Office designated by the Comptroller General.
(f) Funding
(1) Authorization
(A) There are authorized to be appropriated for purposes of
this section, in addition to funds otherwise available for such
purposes, $48,000,000 for fiscal year 2000 and such sums as may
be necessary for each fiscal year thereafter.
(B) Amounts appropriated pursuant to the authorization of
appropriations under subparagraph (A) are authorized to remain
available until expended.
(2) Funding for technical assistance grants by multilateral
development banks
(A) The Trade and Development Agency should, in carrying out
its program, provide, as appropriate, funds to multilateral
development banks for technical assistance grants.
(B) As used in subparagraph (A) -
(i) the term "technical assistance grants" means funding by
multilateral development banks of services from the United
States in connection with projects and programs supported by
such banks, including, but not limited to, engineering, design,
and consulting services; and
(ii) the term "multilateral development bank" has the meaning
given that term in section 262r(c) of this title.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 661, as added Pub. L. 93-559, Sec.
31, Dec. 30, 1974, 88 Stat. 1804; amended Pub. L. 94-161, title
III, Sec. 316, Dec. 20, 1975, 89 Stat. 867; Pub. L. 95-88, title I,
Sec. 128, Aug. 3, 1977, 91 Stat. 543; Pub. L. 95-424, title I, Sec.
121, Oct. 6, 1978, 92 Stat. 954; Pub. L. 96-53, title I, Sec. 119,
Aug. 14, 1979, 93 Stat. 365; Pub. L. 96-533, title III, Sec. 311,
Dec. 16, 1980, 94 Stat. 3148; Pub. L. 97-113, title III, Sec. 312,
Dec. 29, 1981, 95 Stat. 1536; Pub. L. 99-83, title IV, Sec. 405,
Aug. 8, 1985, 99 Stat. 219; Pub. L. 100-418, title II, Sec.
2204(b)(1), (2), Aug. 23, 1988, 102 Stat. 1329; Pub. L. 102-549,
title II, Sec. 201, Oct. 28, 1992, 106 Stat. 3655; Pub. L. 103-392,
title II, Sec. 201, Oct. 22, 1994, 108 Stat. 4099; Pub. L. 106-158,
Sec. 5, Dec. 9, 1999, 113 Stat. 1746.)
-REFTEXT-
REFERENCES IN TEXT
The provisions of title 5 governing appointments in the
competitive service, referred to in subsec. (c)(2)(C), are
classified generally to section 3301 et seq. of Title 5, Government
Organization and Employees.
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
AMENDMENTS
1999 - Subsec. (a). Pub. L. 106-158, Sec. 5(a), inserted before
period at end: ", with special emphasis on economic sectors with
significant United States export potential, such as energy,
transportation, telecommunications, and environment".
Subsec. (b)(5). Pub. L. 106-158, Sec. 5(b), added par. (5).
Subsec. (f)(1)(A). Pub. L. 106-158, Sec. 5(c)(1), substituted
"$48,000,000 for fiscal year 2000 and such sums as may be necessary
for each fiscal year thereafter" for "$77,000,000 for fiscal year
1995 and such sums as are necessary for fiscal year 1996".
Subsec. (f)(2)(A). Pub. L. 106-158, Sec. 5(c)(2), substituted "in
carrying out its program, provide, as appropriate, funds" for "in
fiscal years 1993 and 1994, substantially increase the amount of
funds it provides".
1994 - Subsec. (f)(1). Pub. L. 103-392 redesignated existing
provisions as subpar. (A), substituted "$77,000,000 for fiscal year
1995 and such sums as are necessary for fiscal year 1996." for
"$55,000,000 for fiscal year 1993 and $65,000,000 for fiscal year
1994.", and added subpar. (B).
1992 - Pub. L. 102-549 amended section generally. Prior to
amendment, section consisted of subsecs. (a) to (d) which
authorized a trade and development program to facilitate access to
natural resources of interest to the United States and to stimulate
reimbursable aid programs, established an agency called the Trade
and Development Program to carry out the program, established an
advisory board, and authorized appropriations for purposes of
section.
1988 - Subsec. (a). Pub. L. 100-418, Sec. 2204(b)(1), inserted
sentence providing for use of funds for project planning,
development, management, and procurement for bilateral and
multilateral projects, for purpose of promoting use of United
States exports in such projects.
Subsecs. (b) to (d). Pub. L. 100-418, Sec. 2204(b)(2), added
subsecs. (b) and (c) and redesignated former subsec. (b) as (d).
1985 - Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally,
substituting provisions authorizing appropriations of $20,000,000
for fiscal years 1986 and 1987, for provisions authorizing
appropriations of $6,907,000 for fiscal years 1982 and 1983.
1981 - Pub. L. 97-113, Sec. 312(b), designated existing
provisions as subsec. (a), struck out provision for use of
$4,000,000 of funds made available for fiscal year 1981 for
purposes of this chapter, and added subsec. (b).
1980 - Pub. L. 96-533 substituted authorization for use of
$4,000,000 of available funds for fiscal year 1981 for such
authorization for use of $3,800,000 of available funds for fiscal
year 1980 for reimbursable development programs.
1979 - Pub. L. 96-53 substituted "$3,800,000" for "$3,000,000"
and "1980" for "1979".
1978 - Pub. L. 95-424 substituted "$3,000,000 of the funds made
available for the purposes of this chapter for the fiscal year
1979" for "$2,000,000 of the funds made available for the purposes
of this chapter. In the fiscal year 1977 and $2,000,000 of the
funds made available for the purposes of this chapter in the fiscal
year 1978,".
1977 - Pub. L. 95-88 struck out provisions authorizing the
President to use up to $1,000,000 of the funds made available for
the purposes of this chapter in the fiscal year 1975 and $2,000,000
in the fiscal year 1976, and inserted provisions authorizing the
President to use $2,000,000 of the funds made available for the
purposes of this chapter in the fiscal year 1978.
1975 - Pub. L. 94-161 increased usable funds in fiscal year 1976
to $2,000,000 from $1,000,000 and authorized use of $2,000,000 in
fiscal year 1977.
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
Section 202(a), (e) of Pub. L. 102-549 provided that:
"(a) Renaming of Trade and Development Program. - The Trade and
Development Program shall, on or after the effective date of this
section [Oct. 28, 1992], be known as the Trade and Development
Agency.
"(e) Reference in Other Laws. - Any reference in any law to the
Trade and Development Program shall be deemed to be a reference to
the Trade and Development Agency."
-MISC2-
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of
this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
605 of Pub. L. 95-424, set out as a note under section 2151 of this
title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-MISC3-
APPOINTMENT OF PRESENT DIRECTOR NOT AFFECTED
Section 202(b) of title II of Pub. L. 102-549 provided that: "The
enactment of this title [amending this section and section 5401 of
this title, section 5314 of Title 5, Government Organization and
Employees, and sections 635q to 635s of Title 12, Banks and
Banking, enacting provisions set out as a note above, and amending
provisions set out as a note under section 2151 of this title]
shall not affect the appointment of the individual who is the
Director of the Trade and Development Program on the effective date
of this section [Oct. 28, 1992]."
TRADE AND DEVELOPMENT PROGRAM ACTIVITIES FOR POLAND AND HUNGARY
Pub. L. 101-179, title III, Sec. 305, Nov. 28, 1989, 103 Stat.
1314, authorized appropriation of an additional $6,000,000 for the
3-year period beginning Oct. 1, 1989, to carry out this section, in
order to permit expansion of the Trade and Development Program [now
Agency] into Poland and Hungary.
TRADE AND DEVELOPMENT PROGRAM; REAFFIRMATION OF SUPPORT
Section 2204(a) of Pub. L. 100-418 provided that: "The Congress
reaffirms its support for the Trade and Development Program [now
Trade and Development Agency], and believes that the Program's
[Agency's] ability to support high priority development projects in
developing countries would be enhanced by an increase in the funds
authorized for the Program as well as by a clarification of the
Program's status as a separate component of the International
Development Cooperation Agency."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2296b of this title.
-End-
-CITE-
22 USC Sec. 2421a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2421a. Capital projects office within Agency for International
Development
-STATUTE-
(a) Establishment of office
The Administrator of AID shall establish a capital projects
office to carry out the purposes described in subsection (b) of
this section.
(b) Purposes of office
The purposes referred to in subsection (a) of this section are -
(1) to develop an AID program that would focus solely on
developmentally sound capital projects, taking into consideration
development needs of the host country and the export
opportunities for the United States; and
(2) to consider specifically opportunities for United States
high-technology firms, including small- and medium-sized firms,
in supporting capital projects for developing countries and for
countries making the transition from nonmarket to market
economies.
(c) Activities of AID
The Administrator of AID (acting through the capital projects
office), in coordination with the appropriate members of the Trade
Promotion Coordination Committee -
(1) shall support capital projects in developing countries and
in countries making the transition from nonmarket to market
economies;
(2) shall periodically review infrastructure needs in
developing countries and countries making the transition from
nonmarket to market economies and shall explore opportunities for
United States firms in the development of new capital projects in
these countries, keeping both United States firms and the
Congress informed of these reviews;
(3) shall ensure that each capital project for which AID
provides funding is developmentally sound, as determined under
the criteria developed by the Development Assistance Committee of
the Organization for Economic Cooperation and Development;
(4) shall coordinate its activities with other AID offices, and
work with AID country missions, in developing capital projects
that provide opportunities for United States firms consistent
with AID's primary mission to help developing countries with
traditional development projects;
(5) shall coordinate, where appropriate, funds available to AID
for tied-aid purposes; and
(6) shall play a special role in helping to meet the
infrastructure needs of countries making the transition from
nonmarket to market economies by meeting the challenge of
infrastructure assistance provided by foreign governments to
those countries, including by undertaking a comprehensive study
of the infrastructure needs of the various countries making the
transition from nonmarket to market economies -
(A) to identify those sectors in the economies of these
countries that are most in need of rebuilding, and
(B) to identify the state of technology in these countries
and the opportunity for United States high technology firms to
help develop a technological infrastructure in these countries,
including an assessment of export opportunities for United
States high technology companies.
The results of the study conducted pursuant to paragraph (6) shall
be reported to the appropriate congressional committees within 12
months after October 28, 1992.
-SOURCE-
(Pub. L. 102-549, title III, Sec. 302, Oct. 28, 1992, 106 Stat.
3658.)
-COD-
CODIFICATION
Section was enacted as part of the Aid, Trade, and
Competitiveness Act of 1992 and also as part of the Jobs Through
Exports Act of 1992, and not as part of the Foreign Assistance Act
of 1961 which comprises this chapter.
-MISC1-
SHORT TITLE OF 1992 AMENDMENT
Section 301 of title III of Pub. L. 102-549 provided that: "This
title [enacting this section and sections 2421b to 2421e of this
title and provisions set out as notes below] may be cited as the
'Aid, Trade, and Competitiveness Act of 1992'."
REPORTS TO CONGRESS ON CAPITAL PROJECTS
Section 305 of title III of Pub. L. 102-549 directed President,
not later than May 1, 1993, to submit to Congress a report
describing the extent to which United States Government resources
have been expended specifically to support specified projects in
developing countries and countries making the transition from
nonmarket to market economies, the extent to which the activities
of the United States Government have been coordinated, and the
extent to which United States Government capital projects and
tied-aid credit programs have affected United States exports.
REPORT ON FEASIBILITY OF AID CREDIT GUARANTEES TO FINANCE CAPITAL
PROJECTS
Section 307 of Pub. L. 102-549 directed President, not later than
May 1, 1993, to submit to Committee on Foreign Affairs and
Committee on Appropriations of House of Representatives and
Committee on Foreign Relations and Committee on Appropriations of
Senate a report on feasibility of allowing AID to offer credit
guarantees for financing of capital projects.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2421c, 2421e of this
title.
-End-
-CITE-
22 USC Sec. 2421b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2421b. Capital projects for poverty alleviation and
environmental safety and sustainability
-STATUTE-
(a) Purposes
The Administrator of AID shall develop a program, in accordance
with subsection (b) of this section, that focuses on
developmentally sound capital projects for basic infrastructure
that will measurably alleviate the worst manifestations of poverty
or directly promote environmental safety and sustainability at the
community level, taking into consideration development needs of the
host country and export opportunities for services and goods from
the United States.
(b) Activities of AID
In order to carry out subsection (a) of this section, the
Administrator of AID shall, working with AID technical support
staff, regional bureau staff, and country missions, identify and
provide funding for capital projects to alleviate the worst
manifestations of poverty or to promote environmental safety and
sustainability at the community level in countries receiving
assistance under part I of the Foreign Assistance Act of 1961 [22
U.S.C. 2151 et seq.]. Such projects may include basic sanitation
systems, basic water supply and treatment, pollution control, and
rural infrastructure benefiting poor communities or establishing
environmentally sustainable patterns of rural development. Such
projects should have measurable positive effects on indicators of
human and environmental health.
-SOURCE-
(Pub. L. 102-549, title III, Sec. 303, Oct. 28, 1992, 106 Stat.
3659.)
-REFTEXT-
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in subsec. (b),
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Part I
of the Act is classified generally to subchapter I (Sec. 2151 et
seq.) of chapter 32 of this title. For provisions deeming
references to subchapter I to include parts IV (Sec. 2346 et seq.),
VI (Sec. 2348 et seq.), and VIII (Sec. 2349aa et seq.) of
subchapter II of chapter 32, see section 202(b) of Pub. L. 92-228,
set out as a note under section 2346 of this title, and sections
2348c and 2349aa-5 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
2151 of this title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Aid, Trade, and
Competitiveness Act of 1992 and also as part of the Jobs Through
Exports Act of 1992, and not as part of the Foreign Assistance Act
of 1961 which comprises this chapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2421c, 2421d, 2421e of
this title.
-End-
-CITE-
22 USC Sec. 2421c 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2421c. Coordination
-STATUTE-
The President shall use the Trade Promotion Coordination
Committee to coordinate activities under sections 2421a to 2421e of
this title with other relevant activities of the United States
Government.
-SOURCE-
(Pub. L. 102-549, title III, Sec. 304, Oct. 28, 1992, 106 Stat.
3659.)
-REFTEXT-
REFERENCES IN TEXT
Sections 2421a to 2421e of this title, referred to in text, was
in the original "this title" meaning title III of Pub. L. 102-549,
Oct. 28, 1992, 106 Stat. 3658, known as the Aid, Trade, and
Competitiveness Act of 1992, which enacted sections 2421a to 2421e
of this title and provisions set out as notes under section 2421a
of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 2421a of this title and
Tables.
-COD-
CODIFICATION
Section was enacted as part of the Aid, Trade, and
Competitiveness Act of 1992 and also as part of the Jobs Through
Exports Act of 1992, and not as part of the Foreign Assistance Act
of 1961 which comprises this chapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2421e of this title.
-End-
-CITE-
22 USC Sec. 2421d 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2421d. Funding for capital projects
-STATUTE-
(a) Funding level
The Congress strongly urges the President to use at least
$650,000,000 for fiscal year 1993 and at least $700,000,000 for
fiscal year 1994 of the total amounts made available for assistance
under chapter 4 of part II of the Foreign Assistance Act of 1961
[22 U.S.C. 2346 et seq.] (relating to the economic support fund),
assistance under the Support for East European Democracy (SEED) Act
of 1989 [22 U.S.C. 5401 et seq.], assistance under the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets Support
Act of 1992, and assistance under the Multilateral Assistance
Initiative for the Philippines, for grants for developmentally
sound capital projects. Such grants may be combined with financing
offered by private financial entities or other entities.
(b) Development assistance capital projects
Funds appropriated to carry out chapter 1 or chapter 10 of part I
of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq., 2293
et seq.] (relating to development assistance and the Development
Fund for Africa) may not be used for capital projects that do not
meet the criteria contained in section 2421b of this title. This
subsection does not apply with respect to capital projects for
which funds have been obligated or expended before October 28,
1992.
-SOURCE-
(Pub. L. 102-549, title III, Sec. 306, Oct. 28, 1992, 106 Stat.
3660.)
-REFTEXT-
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in subsecs. (a)
and (b), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended. Chapter 10 of part I of the Act is classified generally to
part X (Sec. 2293 et seq.) of subchapter I of chapter 32 of this
title. Chapter 4 of part II of the Act is classified generally to
part IV (Sec. 2346 et seq.) of subchapter II of chapter 32 of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and
Tables.
The Support for East European Democracy (SEED) Act of 1989,
referred to in subsec. (a), is Pub. L. 101-179, Nov. 28, 1989, 103
Stat. 1298, which is classified principally to chapter 63 (Sec.
5401 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 5401 of
this title and Tables.
The Freedom for Russia and Emerging Eurasian Democracies and Open
Markets Support Act of 1992, referred to in subsec. (a), is Pub. L.
102-511, Oct. 24, 1992, 106 Stat. 3320, as amended. For complete
classification of this Act to the Code, see Short Title note set
out under section 5801 of this title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Aid, Trade, and
Competitiveness Act of 1992 and also as part of the Jobs Through
Exports Act of 1992, and not as part of the Foreign Assistance Act
of 1961 which comprises this chapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2421c, 2421e of this
title.
-End-
-CITE-
22 USC Sec. 2421e 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2421e. Definitions
-STATUTE-
For purposes of sections 2421a to 2421e of this title -
(1) the term "AID" means the Agency for International
Development; and
(2) the term "capital project" means a project involving the
construction, expansion, alteration of, or the acquisition of
equipment for, a physical facility or physical infrastructure,
including related engineering design (concept and detail) and
other services, the procurement of equipment (including any
related services), and feasibility studies or similar engineering
and economic services.
-SOURCE-
(Pub. L. 102-549, title III, Sec. 308, Oct. 28, 1992, 106 Stat.
3660.)
-REFTEXT-
REFERENCES IN TEXT
Sections 2421a to 2421e of this title, referred to in text, was
in the original "this title" meaning title III of Pub. L. 102-549,
Oct. 28, 1992, 106 Stat. 3658, known as the Aid, Trade, and
Competitiveness Act of 1992, which enacted sections 2421a to 2421e
of this title and provisions set out as notes under section 2421a
of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 2421a of this title and
Tables.
-COD-
CODIFICATION
Section was enacted as part of the Aid, Trade, and
Competitiveness Act of 1992 and also as part of the Jobs Through
Exports Act of 1992, and not as part of the Foreign Assistance Act
of 1961 which comprises this chapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2421c of this title.
-End-
-CITE-
22 USC Sec. 2422 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2422. Repealed. Pub. L. 102-88, title VI, Sec. 601, Aug. 14,
1991, 105 Stat. 441
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 662, as added Pub. L.
93-559, Sec. 32, Dec. 30, 1974, 88 Stat. 1804, and amended Pub. L.
96-450, title IV, Sec. 407(a), Oct. 14, 1980, 94 Stat. 1981,
prohibited funding of activities of the Central Intelligence
Agency, other than intelligence gathering, without Presidential
finding of importance to national security of United States and
defined such activities as significant anticipated intelligence
activities for purpose of section 413 of Title 50, War and National
Defense. See section 414 of Title 50.
-End-
-CITE-
22 USC Sec. 2423 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2423. Exchanges of certain materials
-STATUTE-
(a) Agreement for necessary or strategic raw material; definition
Notwithstanding any other provision of law, whenever the
President determines it is in the United States national interest,
he shall furnish assistance under this chapter or shall furnish
defense articles or services under the Foreign Military Sales Act
[22 U.S.C. 2751 et. seq.], pursuant to an agreement with the
recipient of such assistance, articles, or services which provides
that such recipient may only obtain such assistance, articles, or
services in exchange for any necessary or strategic raw material
controlled by such recipient. For the purposes of this section, the
term "necessary or strategic raw material" includes petroleum,
other fossil fuels, metals, minerals, or any other natural
substance which the President determines is in short supply in the
United States.
(b) Allocation of raw materials to Federal agencies
The President shall allocate any necessary or strategic raw
material transferred to the United States under this section to any
appropriate agency of the United States Government for stockpiling,
sale, transfer, disposal, or any other purpose authorized by law.
(c) Deposits in United States Treasury of funds from disposal of
materials
Funds received from any disposal of materials under subsection
(b) of this section shall be deposited as miscellaneous receipts in
the United States Treasury.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 663, as added Pub. L. 93-559, Sec.
32, Dec. 30, 1974, 88 Stat. 1805.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
The Foreign Military Sales Act, referred to in subsec. (a), is
Pub. L. 90-629, ch. 1, Oct. 22, 1968, 82 Stat. 1320, as amended,
known as the Arms Export Control Act, on authority of section
201(b) of Pub. L. 94-329, title II, June 30, 1976, 90 Stat. 734,
and is classified principally to chapter 39 (Sec. 2751 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 2751 of this title and
Tables.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 50 section 98c.
-End-
-CITE-
22 USC Sec. 2424 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2424. Repealed. Pub. L. 95-88, title I, Sec. 123(c), Aug. 3,
1977, 91 Stat. 541
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 664, as added Pub. L.
93-559, Sec. 33, Dec. 30, 1974, 88 Stat. 1805, authorized the
President to waive provisions which prohibited assistance to
countries trading with designated countries.
-End-
-CITE-
22 USC Sec. 2425 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2425. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
1978, 92 Stat. 961
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 665, as added Pub. L.
94-161, title III, Sec. 317, Dec. 20, 1975, 89 Stat. 867,
authorized appropriations for the interim period July 1, 1976
through Sept. 30, 1976 of such amounts as were necessary to conduct
programs for which funding was authorized for fiscal year 1976 by
the International Development and Food Assistance Act of 1975
provided the total amount authorized not exceed one-fourth of the
total authorized for fiscal year 1976 for such programs and
activities.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
set out as an Effective Date of 1978 Amendment note under section
2151 of this title.
-End-
-CITE-
22 USC Sec. 2426 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2426. Discrimination against United States personnel
-STATUTE-
(a) Assignment of personnel on basis of ability and experience
The President shall not take into account, in assigning officers
and employees of the United States to carry out any economic
development assistance programs funded under this chapter in any
foreign country, the race, religion, national origin, or sex of any
such officer or employee. Such assignments shall be made solely on
the basis of ability and relevant experience.
(b) Prohibition on use of funds in country practicing
discrimination
Effective six months after December 20, 1975, or on such earlier
date as the President may determine, none of the funds made
available under this chapter may be used to provide economic
development assistance to any country which objects to the presence
of any officer or employee of the United States who is present in
such country for the purpose of carrying out any program of
economic development assistance authorized by the provisions of
this chapter on the basis of the race, religion, national origin,
or sex of such officer or employee.
(c) Rules and regulations
The Secretary of State shall promulgate such rules and
regulations as he may deem necessary to carry out the provisions of
this section.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 666, as added Pub. L. 94-161, title
III, Sec. 318, Dec. 20, 1975, 89 Stat. 868.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (b), was in the
original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2427 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2427. Operating expenses
-STATUTE-
(a) Authorization of appropriations
There are authorized to be appropriated to the President, in
addition to funds otherwise available for such purposes -
(1) $387,000,000 for fiscal year 1986 and $387,000,000 for
fiscal year 1987 for necessary operating expenses of the agency
primarily responsible for administering subchapter I of this
chapter, of which $21,750,000 for the fiscal year 1987 is
authorized for the necessary operating expenses of the Office of
the Inspector General of the Agency for International Development
and the remaining amount for the fiscal year is authorized for
other necessary operating expenses of that agency; and
(2) such amounts as may be necessary for increases in salary,
pay, retirement, and other employee benefits authorized by law,
and for other nondiscretionary costs of such agency.
(b) Continuing availability of funds
Amounts appropriated under this section are authorized to remain
available until expended.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 667, as added Pub. L. 94-161, title
III, Sec. 319, Dec. 20, 1975, 89 Stat. 868; amended Pub. L. 95-88,
title I, Sec. 129(a), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95-424,
title V, Sec. 506, Oct. 6, 1978, 92 Stat. 960; Pub. L. 96-53, title
I, Sec. 120, Aug. 14, 1979, 93 Stat. 365; Pub. L. 96-533, title
VII, Sec. 709, Dec. 16, 1980, 94 Stat. 3159; Pub. L. 97-113, title
VII, Sec. 706, Dec. 29, 1981, 95 Stat. 1545; Pub. L. 99-83, title
IV, Sec. 406, Aug. 8, 1985, 99 Stat. 219; Pub. L. 99-529, title IV,
Sec. 402, Oct. 24, 1986, 100 Stat. 3019.)
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
AMENDMENTS
1986 - Subsec. (a)(1). Pub. L. 99-529 inserted ", of which
$21,750,000 for the fiscal year 1987 is authorized for the
necessary operating expenses of the Office of the Inspector General
of the Agency for International Development and the remaining
amount for the fiscal year is authorized for other necessary
operating expenses of that agency".
1985 - Subsec. (a)(1). Pub. L. 99-83 amended par. (1) generally,
substituting provisions authorizing appropriations of $387,000,000
for fiscal years 1986 and 1987, for provisions authorizing
appropriations of $335,600,000 for fiscal years 1982 and 1983.
1981 - Subsec. (a). Pub. L. 97-113 struck out from provision
preceding par. (1) ", for the fiscal year 1981" after "for such
purposes" and substituted in par. (1) "$335,600,000 for the fiscal
year 1982 and $335,600,000 for the fiscal year 1983" for
"$293,800,000".
1980 - Subsec. (a). Pub. L. 96-533 substituted in provisions
preceding par. (1) "1981" for "1980" and in par. (1) "$293,800,000"
for "$263,000,000".
1979 - Subsec. (a). Pub. L. 96-53 substituted in provisions
preceding par. (1) "1980" for "1979" and in par. (1) "$263,000,000"
for "$261,000,000".
1978 - Subsec. (a). Pub. L. 95-424 substituted in provisions
preceding par. (1) "1979" for "1978" and in par. (1) "$261,000,000"
for "$220,200,000".
1977 - Pub. L. 95-88 substituted provisions authorizing
appropriations for fiscal year 1978 for provisions stating that
nothing in this chapter was intended to preclude the Committees on
Appropriations from setting a ceiling on operating expenses of the
agency primarily responsible for administering subchapter I of this
chapter or limiting the availability of other sums therefor.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of
this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
605 of Pub. L. 95-424, set out as a note under section 2151 of this
title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2151g of this title.
-End-
-CITE-
22 USC Sec. 2428 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2428. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),
Dec. 29, 1981, 95 Stat. 1560
-MISC1-
Section, Pub. L. 87-195, pt. III, Sec. 668, as added Pub. L.
94-329, title IV, Sec. 411, June 30, 1976, 90 Stat. 760, required
annual reports respecting the Republic of Korea's armed forces
modernization and self-sufficiency program, the role of the United
States in the security of the Republic of Korea, and prospects for
a withdrawal of United States forces from the country. See section
2375 of this title.
-End-
-CITE-
22 USC Sec. 2428a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2428a. Congressional declaration of policy toward Korea;
transmittal of report to Speaker of the House and Congressional
committees
-STATUTE-
(a) The Congress declares that -
(1) United States policy toward Korea should continue to be
arrived at by joint decision of the President and the Congress;
(2) in any implementation of the President's policy of gradual
and phased reduction of United States ground forces from the
Republic of Korea, the United States should seek to accomplish
such reduction in stages consistent with United States interests
in Asia, notably Japan, and with the security interests of the
Republic of Korea;
(3) any implementation of this policy should be carried out
with a careful regard to the interest of the United States in
continuing its close relationship with the people and government
of Japan, in fostering democratic practices in the Republic of
Korea, and in maintaining stable relations among the countries of
East Asia; and
(4) these interests can be served most effectively by a policy
which involves consultations by the United States Government, as
appropriate, with the governments of the region, particularly
those directly involved.
(b)(1) Any implementation of the foregoing policy shall be
carried out in regular consultation with the Congress.
(2) Repealed. Pub. L. 103-236, title I, Sec. 139(5), Apr. 30,
1994, 108 Stat. 398.
-SOURCE-
(Pub. L. 95-105, title V, Sec. 512, Aug. 17, 1977, 91 Stat. 861;
Pub. L. 103-236, title I, Sec. 139(5), Apr. 30, 1994, 108 Stat.
398.)
-COD-
CODIFICATION
Section was enacted as part of the Foreign Relations
Authorization Act, Fiscal Year 1978, and not as part of the Foreign
Assistance Act of 1961 which comprises this chapter.
-MISC1-
AMENDMENTS
1994 - Subsec. (b)(2). Pub. L. 103-236 struck out par. (2) which
read as follows: "Not later than February 15, 1978, and not later
than February 15 of each year thereafter until any such withdrawal
is completed, the President shall transmit a report in writing to
the Speaker of the House of Representatives and the Committees on
Foreign Relations, Armed Services, and Intelligence of the Senate
assessing the implementation of the foregoing policy."
-End-
-CITE-
22 USC Sec. 2428b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2428b. Special security assistance for modernization of Armed
Forces of Korea
-STATUTE-
(a) Transfer authority of President of defense articles and
services located in Korea; applicable terms and conditions;
reimbursement
(1) The President is authorized until December 31, 1982 -
(A) to transfer, without reimbursement, to the Republic of
Korea, only in conjunction with the withdrawal of the 2d Infantry
Division and support forces from Korea, such United States
Government-owned defense articles as he may determine which are
located in Korea in the custody of units of the United States
Army scheduled to depart from Korea; and
(B) to furnish to the Republic of Korea, without reimbursement,
defense services (including technical and operational training)
in Korea directly related to the United States Government-owned
defense articles transferred to the Republic of Korea under this
subsection.
(2) Any transfer under the authority of this section shall be
made in accordance with all the terms and conditions of the Foreign
Assistance Act of 1961 [22 U.S.C. 2151 et seq.] applicable to the
furnishing of defense articles and defense services under chapter 2
of part II of that Act [22 U.S.C. 2311 et seq.], except that no
funds heretofore or hereafter appropriated under that Act shall be
available to reimburse any agency of the United States Government
for any such transfer or related services.
(b) Additional transfer authority of President of defense articles
located outside of Korea; prerequisites for determinations
respecting transfers; report by President to Congress of
determinations
In order that transfers of defense articles under subsection (a)
of this section will not cause significant adverse impact on the
readiness of the Armed Forces of the United States, the President
is authorized, in lieu of such transfers, to transfer additional
defense articles from the stocks of the Department of Defense,
wherever located, to the Republic of Korea to compensate for the
military capability of defense articles withdrawn from Korea in any
case where he determines that -
(1) the transfer of specific defense articles located in Korea
would have a significant adverse impact on the readiness of the
United States Armed Forces;
(2) the defense capability provided by those defense articles
is needed by the Armed Forces of the Republic of Korea in order
to maintain the military balance on the Korean peninsula; and
(3) a comparable defense capability could be provided by less
advanced defense articles in the stocks of the Department of
Defense which could be transferred without significant adverse
impact on the readiness of the United States Armed Forces.
The President shall report to the Congress each determination made
under this subsection prior to the transfer of the defense articles
described in such determination.
(c) Report by President to Congress of types, etc., of transferred
defense articles
The President shall transmit to the Congress, together with the
presentation materials for security assistance programs proposed
for each fiscal year through and including the fiscal year 1983, a
report describing the types, quantities, and value of defense
articles furnished or intended to be furnished to the Republic of
Korea under this section.
(d) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(12), Dec. 29,
1981, 95 Stat. 1560
(e) Congressional policy respecting further troop withdrawals
(1) It is the sense of the Congress that further withdrawal of
ground forces of the United States from the Republic of Korea may
seriously risk upsetting the military balance in that region and
requires full advance consultation with the Congress.
(2) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(12), Dec.
29, 1981, 95 Stat. 1560.
-SOURCE-
(Pub. L. 95-384, Sec. 23, Sept. 26, 1978, 92 Stat. 743; Pub. L.
97-113, title VII, Sec. 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.)
-REFTEXT-
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in subsec.
(a)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
which is classified principally to this chapter (Sec. 2151 et
seq.). Chapter 2 of part II of that Act is classified generally to
part II (Sec. 2311 et seq.) of subchapter II of this chapter. For
complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the International Security
Assistance Act of 1978, and not as part of the Foreign Assistance
Act of 1961 which comprises this chapter.
-MISC1-
AMENDMENTS
1981 - Subsec. (d). Pub. L. 97-113 struck out subsec. (d) which
required Presidential reports to Congress respecting viability of
troop withdrawals from Korea.
Subsec. (e)(2). Pub. L. 97-113 struck out par. (2) which required
Presidential reports to Congress respecting effect of further troop
withdrawals from Korea.
-End-
-CITE-
22 USC Secs. 2429, 2429a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Secs. 2429, 2429a. Repealed. Pub. L. 103-236, title VIII, Sec.
826(b), Apr. 30, 1994, 108 Stat. 519
-MISC1-
Section 2429, Pub. L. 87-195, pt. III, Sec. 669, as added Pub. L.
94-329, title III, Sec. 305, June 30, 1976, 90 Stat. 755; amended
Pub. L. 95-92, Sec. 12, Aug. 4, 1977, 91 Stat. 620; Pub. L. 95-384,
Secs. 10(b)(4), 12(c)(3), Sept. 26, 1978, 92 Stat. 735, 737; Pub.
L. 97-113, title VII, Sec. 737(b), Dec. 29, 1981, 95 Stat. 1562,
related to nuclear enrichment transfers by or to recipients of
economic, military or security supporting assistance from the
United States. See section 2799aa of this title.
Section 2429a, Pub. L. 87-195, pt. III, Sec. 670, as added Pub.
L. 95-92, Sec. 12, Aug. 4, 1977, 91 Stat. 620; amended Pub. L.
95-384, Secs. 10(b)(4), 12(c)(3), Sept. 26, 1978, 92 Stat. 735,
737; Pub. L. 97-113, title VII, Sec. 737(c), Dec. 29, 1981, 95
Stat. 1562; Pub. L. 99-83, title XII, Sec. 1204(a), (b), Aug. 8,
1985, 99 Stat. 277, prohibited assistance to countries involved in
transfer of nuclear reprocessing equipment, materials, or
technology. See section 2799aa-1 of this title.
EFFECTIVE DATE OF REPEAL
Repeal by section 826(b) of Pub. L. 103-236 effective 60 days
after Apr. 30, 1994, see section 831 of Pub. L. 103-236, set out as
an Effective Date note under section 6301 of this title.
-End-
-CITE-
22 USC Sec. 2429a-1 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2429a-1. Annual report on nuclear transfer activities
-STATUTE-
Beginning with the fiscal year 1983 and for each fiscal year
thereafter, the President shall prepare and transmit to the
Congress, as part of the presentation materials for foreign
assistance programs proposed for that fiscal year, a classified
report describing the nuclear programs and related activities of
any country for which a waiver of section 2799aa or 2799aa-1 of
this title is in effect, including an assessment of -
(1) the extent and effectiveness of International Atomic Energy
Agency safeguards at that country's nuclear facilities; and
(2) the capability, actions, and intentions of the government
of that country with respect to the manufacture or acquisition of
a nuclear explosive device.
-SOURCE-
(Pub. L. 97-113, title VII, Sec. 735, Dec. 29, 1981, 95 Stat. 1561;
Pub. L. 103-236, title VIII, Sec. 826(c), Apr. 30, 1994, 108 Stat.
519.)
-COD-
CODIFICATION
Section was enacted as part of the International Security and
Development Cooperation Act of 1981, and not as part of the Foreign
Assistance Act of 1961 which comprises this chapter.
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-236 substituted "section 2799aa or 2799aa-1"
for "section 2429 or 2429a".
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,
1994, see section 831 of Pub. L. 103-236, set out as an Effective
Date note under section 6301 of this title.
-End-
-CITE-
22 USC Sec. 2429a-2 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2429a-2. Enforcement of nonproliferation treaties
-STATUTE-
(a) Policy
It is the sense of the Congress that the President should
instruct the United States Permanent Representative to the United
Nations to enhance the role of that institution in the enforcement
of nonproliferation treaties through the passage of a United
Nations Security Council resolution which would state that, any
non-nuclear weapon state that is found by the United Nations
Security Council, in consultation with the International Atomic
Energy Agency (IAEA), to have terminated, abrogated, or materially
violated an IAEA full-scope safeguards agreement would be subjected
to international economic sanctions, the scope of which to be
determined by the United Nations Security Council.
(b) Prohibition
Notwithstanding any other provision of law, no United States
assistance under the Foreign Assistance Act of 1961 [22 U.S.C. 2151
et seq.] shall be provided to any non-nuclear weapon state that is
found by the President to have terminated, abrogated, or materially
violated an IAEA full-scope safeguard agreement or materially
violated a bilateral United States nuclear cooperation agreement
entered into after March 10, 1978.
(c) Waiver
The President may waive the application of subsection (b) of this
section if -
(1) the President determines that the termination of such
assistance would be seriously prejudicial to the achievement of
United States nonproliferation objectives or otherwise jeopardize
the common defense and security; and
(2) the President reports such determination to the Congress at
least 15 days in advance of any resumption of assistance to that
state.
-SOURCE-
(Pub. L. 103-236, title V, Sec. 530, Apr. 30, 1994, 108 Stat. 479.)
-REFTEXT-
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in subsec. (b),
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which
is classified principally to this chapter (Sec. 2151 et seq.). For
complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, and not as part of
the Foreign Assistance Act of 1961 which comprises this chapter.
-End-
-CITE-
22 USC Sec. 2429b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part III - Miscellaneous Provisions
-HEAD-
Sec. 2429b. Transferred
-COD-
CODIFICATION
Section, Pub. L. 87-195, pt. III, Sec. 671, as added Pub. L.
95-88, title I, Sec. 130, Aug. 3, 1977, 91 Stat. 543, which related
to notification of program changes, was transferred to section
2394-1 of this title.
-End-
-CITE-
22 USC SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS
INITIATIVE 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-End-
-CITE-
22 USC Sec. 2430 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
Sec. 2430. Purpose
-STATUTE-
The purpose of this subchapter is to encourage and support
improvement in the lives of the people of Latin America and the
Caribbean through market-oriented reforms and economic growth with
interrelated actions to promote debt reduction, investment reforms,
community based conservation, and sustainable use of the
environment, and child survival and child development. The Facility
will support these objectives through administration of debt
reduction operations under this subchapter for those countries with
democratically elected governments that meet investment reforms and
other policy conditions.
-SOURCE-
(Pub. L. 87-195, pt. IV, Sec. 701, as added Pub. L. 102-549, title
VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3664.)
-MISC1-
PRIOR PROVISIONS
A prior section 701 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 463, amended section 1651 of Title 42, The Public Health and
Welfare, prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug.
1, 1962, 76 Stat. 263, except insofar as section 701 affected
section 1651.
-End-
-CITE-
22 USC Sec. 2430a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
Sec. 2430a. Definitions
-STATUTE-
For purposes of this subchapter -
(1) the term "administering body" means the entity provided for
in section 2430g(c) of this title;
(2) the term "Americas Framework Agreement" means an Americas
Framework Agreement provided for in section 2430g of this title;
(3) the term "Americas Fund" means an Enterprise for the
Americas Fund provided for in section 2430f(a) of this title;
(4) the term "appropriate congressional committees" means the
Committee on Foreign Affairs and the Committee on Appropriations
of the House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate;
(5) the term "beneficiary country" means an eligible country
with respect to which the authority of section 2430c(a)(1) of
this title is exercised;
(6) the term "eligible country" means a country designated by
the President in accordance with section 2430b of this title;
(7) the term "Enterprise for the Americas Board" or "Board"
means the board established by section 1738i of title 7; and
(8) the term "Facility" means the Enterprise for the Americas
Facility established in the Department of the Treasury by section
1738 of title 7.
-SOURCE-
(Pub. L. 87-195, pt. IV, Sec. 702, as added Pub. L. 102-549, title
VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3664.)
-MISC1-
PRIOR PROVISIONS
A prior section 702 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 463, amended section 1701 of Title 42, The Public Health and
Welfare, prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug.
1, 1962, 76 Stat. 263, except insofar as section 702 affected
section 1701.
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-End-
-CITE-
22 USC Sec. 2430b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
Sec. 2430b. Eligibility for benefits
-STATUTE-
(a) Requirements
To be eligible for benefits from the Facility under this
subchapter, a country must be a Latin American or Caribbean country
-
(1) whose government is democratically elected;
(2) whose government has not repeatedly provided support for
acts of international terrorism;
(3) whose government is not failing to cooperate on
international narcotics control matters;
(4) whose government (including its military or other security
forces) does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
(5) that has in effect, has received approval for, or, as
appropriate in exceptional circumstances, is making significant
progress toward -
(A) an International Monetary Fund standby arrangement,
extended Fund arrangement, or an arrangement under the
structural adjustment facility or enhanced structural
adjustment facility, or in exceptional circumstances, a Fund
monitored program or its equivalent, unless the President
determines (after consultation with the Enterprise for the
Americas Board) that such an arrangement or program (or its
equivalent) could reasonably be expected to have significant
adverse social or environmental effects; and
(B) as appropriate, structural or sectoral adjustment loans
from the International Bank for Reconstruction and Development
or the International Development Association, unless the
President determines (after consultation with the Enterprise
for the Americas Board) that the resulting adjustment
requirements could reasonably be expected to have significant
adverse social or environmental effects;
(6) has put in place major investment reforms in conjunction
with an Inter-American Development Bank loan or otherwise is
implementing, or is making significant progress toward, an open
investment regime; and
(7) if appropriate, has agreed with its commercial bank lenders
on a satisfactory financing program, including, as appropriate,
debt or debt service reduction.
(b) Eligibility determinations
Consistent with subsection (a) of this section, the President
shall determine whether a country is eligible to receive benefits
under this subchapter. The President shall notify the appropriate
congressional committees of his intention to designate a country as
an eligible country at least 15 days in advance of any formal
determination.
-SOURCE-
(Pub. L. 87-195, pt. IV, Sec. 703, as added Pub. L. 102-549, title
VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3664.)
-MISC1-
PRIOR PROVISIONS
A prior section 703 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 463, amended section 1613d of this title and enacted
provisions set out as a note under section 1613d of this title,
prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962,
76 Stat. 263, except insofar as section 703 affected section 1613d.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
Functions of President under this section delegated to Secretary
of the Treasury by section 1 of Ex. Ord. No. 12757, Mar. 19, 1991,
56 F.R. 12107, set out as a note under section 1738 of Title 7,
Agriculture.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2430a, 2430g, 2431c of
this title.
-End-
-CITE-
22 USC Sec. 2430c 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
Sec. 2430c. Reduction of certain debt
-STATUTE-
(a) Authority to reduce debt
(1) Authority
The President may reduce the amount owed to the United States
(or any agency of the United States) that is outstanding as of
January 1, 1992, as a result of concessional loans made to an
eligible country by the United States under subchapter I of this
chapter, part IV of subchapter II of this chapter, or predecessor
foreign economic assistance legislation.
(2) Appropriations requirement
The authority provided by this section may be exercised only in
such amounts or to such extent as is provided in advance by
appropriations Acts.
(3) Certain prohibitions inapplicable
(A) A reduction of debt pursuant to this section shall not be
considered assistance for purposes of any provision of law
limiting assistance to a country.
(B) The authority of this section may be exercised
notwithstanding section 2370(r) of this title or section 321 of
the International Development and Food Assistance Act of 1975.
(b) Implementation of debt reduction
(1) In general
Any debt reduction pursuant to subsection (a) of this section
shall be accomplished at the direction of the Facility by the
exchange of a new obligation for obligations outstanding as of
the date specified in subsection (a)(1) of this section.
(2) Exchange of obligations
The Facility shall notify the agency primarily responsible for
administering subchapter I of this chapter of the agreement with
an eligible country to exchange a new obligation for outstanding
obligations pursuant to this subsection. At the direction of the
Facility, the old obligations shall be canceled and a new debt
obligation for the country shall be established, and the agency
primarily responsible for administering subchapter I of this
chapter shall make an adjustment in its accounts to reflect the
debt reduction.
-SOURCE-
(Pub. L. 87-195, pt. IV, Sec. 704, as added Pub. L. 102-549, title
VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3665.)
-REFTEXT-
REFERENCES IN TEXT
Section 321 of the International Development and Food Assistance
Act of 1975, referred to in subsec. (a)(3)(B), is section 321 of
Pub. L. 94-161, which is set out as a note under section 2220a of
this title.
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-228, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
PRIOR PROVISIONS
A prior section 704 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 463, amended section 1704 of Title 7, Agriculture, prior to
repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat.
263, except insofar as section 704 affected section 1704.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
Functions of President under this section delegated to Secretary
of the Treasury by section 1 of Ex. Ord. No. 12757, Mar. 19, 1991,
56 F.R. 12107, set out as a note under section 1738 of Title 7,
Agriculture.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2430a, 2430d, 2430e,
2431d of this title.
-End-
-CITE-
22 USC Sec. 2430d 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
Sec. 2430d. Repayment of principal
-STATUTE-
(a) Currency of payment
The principal amount of each new obligation issued pursuant to
section 2430c(b) of this title shall be repaid in United States
dollars.
(b) Deposit of payments
Principal repayments of new obligations shall be deposited in the
United States Government account established for principal
repayments of the obligations for which those obligations were
exchanged.
-SOURCE-
(Pub. L. 87-195, pt. IV, Sec. 705, as added Pub. L. 102-549, title
VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3666.)
-MISC1-
PRIOR PROVISIONS
A prior section 705 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 463, amended section 1964 of this title, prior to repeal by
Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,
except insofar as section 705 affected section 1964.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2431d of this title.
-End-
-CITE-
22 USC Sec. 2430e 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
Sec. 2430e. Interest on new obligations
-STATUTE-
(a) Rate of interest
New obligations issued by a beneficiary country pursuant to
section 2430c(b) of this title shall bear interest at a
concessional rate.
(b) Currency of payment; deposits
(1) Local currency
If the beneficiary country has entered into an Americas
Framework Agreement, interest shall be paid in the local currency
of the beneficiary country and deposited in an Americas Fund.
Such interest shall be the property of the beneficiary country,
until such time as it is disbursed pursuant to section 2430f(d)
of this title. Such local currencies shall be used for the
purposes specified in the Americas Framework Agreement.
(2) United States dollars
If the beneficiary country has not entered into an Americas
Framework Agreement, interest shall be paid in United States
dollars and deposited in the United States Government account
established for interest payments of the obligations for which
the new obligations were exchanged.
(c) Interest already paid
If a beneficiary country enters into an Americas Framework
Agreement subsequent to the date on which interest first became due
on the newly issued obligation, any interest already paid on such
new obligation shall not be redeposited into the Americas Fund
established for that country.
-SOURCE-
(Pub. L. 87-195, pt. IV, Sec. 706, as added Pub. L. 102-549, title
VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3666.)
-MISC1-
PRIOR PROVISIONS
A prior section 706 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 463, enacted section 1945 of this title, prior to repeal by
Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,
except insofar as section 706 affected section 1945.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2430f, 2430g, 2431d of
this title.
-End-
-CITE-
22 USC Sec. 2430f 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
Sec. 2430f. Enterprise for the Americas Funds
-STATUTE-
(a) Establishment
Each beneficiary country that enters into an Americas Framework
Agreement shall be required to establish an Enterprise for the
Americas Fund to receive payments in local currency pursuant to
section 2430e(b)(1) of this title.
(b) Deposits
Local currencies deposited in an Americas Fund shall not be
considered assistance for purposes of any provision of law limiting
assistance to a country.
(c) Investment
Deposits made in an Americas Fund shall be invested until
disbursed. Any return on such investment may be retained by the
Americas Fund, without deposit in the Treasury of the United States
and without further appropriation by the Congress.
(d) Disbursements
Funds in an Americas Fund shall be disbursed only pursuant to an
Americas Framework Agreement.
-SOURCE-
(Pub. L. 87-195, pt. IV, Sec. 707, as added Pub. L. 102-549, title
VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3666.)
-MISC1-
PRIOR PROVISIONS
A prior section 707 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 464, amended section 1783 of this title, prior to repeal by
Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,
except insofar as section 707 affected section 1783.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2430a, 2430e, 2431h of
this title.
-End-
-CITE-
22 USC Sec. 2430g 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
Sec. 2430g. Americas Framework Agreements
-STATUTE-
(a) Authority
The Secretary of State is authorized, in consultation with other
appropriate Government officials, to enter into an Americas
Framework Agreement with any eligible country concerning the
operation and use of the Americas Fund for that country. In the
negotiation of such Agreements, the Secretary shall consult with
the Enterprise for the Americas Board in accordance with section
2430h of this title.
(b) Contents of Agreements
An Americas Framework Agreement with an eligible country shall -
(1) require that country to establish an Americas Fund;
(2) require that country to make interest payments under
section 2430e(b)(1) of this title into an Americas Fund;
(3) require that country to make prompt disbursements from the
Americas Fund to the administering body described in subsection
(c) of this section;
(4) when appropriate, seek to maintain the value of the local
currency resources of the Americas Fund in terms of United States
dollars;
(5) specify, in accordance with subsection (d) of this section,
the purposes for which amounts in an Americas Fund may be used;
and
(6) contain reasonable provisions for the enforcement of the
terms of the agreement.
(c) Administering body
(1) In general
Funds disbursed from the Americas Fund in each beneficiary
country shall be administered by a body constituted under the
laws of that country.
(2) Composition
The administering body shall consist of -
(A) one or more individuals appointed by the United States
Government,
(B) one or more individuals appointed by the government of
the beneficiary country, and
(C) individuals who represent a broad range of -
(i) environmental nongovernmental organizations of the
beneficiary country,
(ii) child survival and child development nongovernmental
organizations of the beneficiary country,
(iii) local community development nongovernmental
organizations of the beneficiary country, and
(iv) scientific or academic organizations or institutions
of the beneficiary country.
A majority of the members of the administering body shall be
individuals described in subparagraph (C).
(3) Responsibilities
The administering body -
(A) shall receive proposals for grant assistance from
eligible grant recipients (as determined under subsection (e)
of this section) and make grants to eligible grant recipients
in accordance with the priorities agreed upon in the Americas
Framework Agreement, consistent with subsection (d) of this
section;
(B) shall be responsible for the management of the program
and oversight of grant activities funded from resources of the
Americas Fund;
(C) shall be subject, on an annual basis, to an audit of
financial statements conducted in accordance with generally
accepted auditing standards by an independent auditor;
(D) shall be required to grant to representatives of the
United States General Accounting Office such access to books
and records associated with operations of the Americas Fund as
the Comptroller General of the United States may request;
(E) shall present an annual program for review each year by
the Enterprise for the Americas Board; and
(F) shall submit a report each year on the activities that it
undertook during the previous year to the Chair of the
Enterprise for the Americas Board and to the government of the
beneficiary country.
(d) Eligible activities
Grants from an Americas Fund shall be used for -
(1) activities that link the conservation and sustainable use
of natural resources with local community development; and
(2) child survival and other child development activities.
(e) Grant recipients
Grants made from an Americas Fund shall be made to -
(1) nongovernmental environmental, conservation, child survival
and child development, development, and indigenous peoples
organizations of the beneficiary country;
(2) other appropriate local or regional entities; and
(3) in exceptional circumstances, the government of the
beneficiary country.
(f) Review of larger grants
Any grant of more than $100,000 from an Americas Fund shall be
subject to veto by the Government of the United States or the
government of the beneficiary country.
(g) Eligibility criteria
In the event that a country ceases to meet the eligibility
requirements set forth in section 2430b(a) of this title, as
determined by the President pursuant to section 2430b(b) of this
title, then grants from the Americas Fund for that country may only
be made to nongovernmental organizations until such time as the
President determines that such country meets the eligibility
requirements set forth in section 2430b(a) of this title.
-SOURCE-
(Pub. L. 87-195, pt. IV, Sec. 708, as added Pub. L. 102-549, title
VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3667.)
-MISC1-
PRIOR PROVISIONS
A prior section 708 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 464, amended sections 1041, 1112, 1136, 1148, and 1157 of
this title, prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401,
Aug. 1, 1962, 76 Stat. 263, except insofar as section 708 affected
sections 1041, 1112, 1136, 1148, and 1157.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2430a, 2431g of this
title.
-End-
-CITE-
22 USC Sec. 2430h 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
Sec. 2430h. Enterprise for the Americas Board
-STATUTE-
For purposes of this subchapter, the Enterprise for the Americas
Board shall -
(1) advise the Secretary of State on the negotiations of
Americas Framework Agreements;
(2) ensure, in consultation with -
(A) the government of the beneficiary country,
(B) nongovernmental organizations of the beneficiary country,
(C) nongovernmental organizations of the region (if
appropriate),
(D) environmental, scientific, child survival and child
development, and academic leaders of the beneficiary country,
and
(E) environmental, scientific, child survival and child
development, and academic leaders of the region (as
appropriate),
that a suitable administering body is identified for each
Americas Fund; and
(3) review the programs, operations, and fiscal audits of each
administering body.
-SOURCE-
(Pub. L. 87-195, pt. IV, Sec. 709, as added Pub. L. 102-549, title
VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3668.)
-MISC1-
PRIOR PROVISIONS
A prior section 709 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 465, amended section 279a of this title, prior to repeal by
Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,
except insofar as section 709 affected section 279a.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2430g of this title.
-End-
-CITE-
22 USC Sec. 2430i 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III09A - ENTERPRISE FOR THE AMERICAS INITIATIVE
-HEAD-
Sec. 2430i. Omitted
-COD-
CODIFICATION
Section, Pub. L. 87-195, pt. IV, Sec. 710, as added Pub. L.
102-549, title VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3669,
which required the report submitted under section 1738m of Title 7,
Agriculture, to include a description of each Americas Framework
Agreement and of grants pursuant to Agreements, was omitted because
section 1738m of Title 7 terminated effective May 15, 2000. See
Codification note set out under former section 1738m of Title 7.
-MISC1-
PRIOR PROVISIONS
A prior section 710 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 465, amended section 276 of this title and enacted provisions
set out as a note under section 276 of this title, prior to repeal
by Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,
except insofar as section 710 affected section 276.
-End-
-CITE-
22 USC SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING
COUNTRIES WITH TROPICAL
FORESTS 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-MISC1-
PRIOR PROVISIONS
A prior subchapter IV, Indochina Postwar Reconstruction,
consisted of sections 2431 to 2435, prior to repeal by Pub. L.
94-329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761.
-End-
-CITE-
22 USC Sec. 2431 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431. Findings and purposes
-STATUTE-
(a) Findings
The Congress finds the following:
(1) It is the established policy of the United States to
support and seek protection of tropical forests around the world.
(2) Tropical forests provide a wide range of benefits to
humankind by -
(A) harboring a major share of the Earth's biological and
terrestrial resources, which are the basis for developing
pharmaceutical products and revitalizing agricultural crops;
(B) playing a critical role as carbon sinks in reducing
greenhouse gases in the atmosphere, thus moderating potential
global climate change; and
(C) regulating hydrological cycles on which far-flung
agricultural and coastal resources depend.
(3) International negotiations and assistance programs to
conserve forest resources have proliferated over the past decade,
but the rapid rate of tropical deforestation continues unabated.
(4) Developing countries with urgent needs for investment and
capital for development have allocated a significant amount of
their forests to logging concessions.
(5) Poverty and economic pressures on the populations of
developing countries have, over time, resulted in clearing of
vast areas of forest for conversion to agriculture, which is
often unsustainable in the poor soils underlying tropical
forests.
(6) Debt reduction can reduce economic pressures on developing
countries and result in increased protection for tropical
forests.
(7) Finding economic benefits to local communities from
sustainable uses of tropical forests is critical to the
protection of tropical forests.
(b) Purposes
The purposes of this subchapter are -
(1) to recognize the values received by United States citizens
from protection of tropical forests;
(2) to facilitate greater protection of tropical forests (and
to give priority to protecting tropical forests with the highest
levels of biodiversity and under the most severe threat) by
providing for the alleviation of debt in countries where tropical
forests are located, thus allowing the use of additional
resources to protect these critical resources and reduce economic
pressures that have led to deforestation;
(3) to ensure that resources freed from debt in such countries
are targeted to protection of tropical forests and their
associated values; and
(4) to rechannel existing resources to facilitate the
protection of tropical forests.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 802, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 885.)
-MISC1-
PRIOR PROVISIONS
A prior section 2431, Pub. L. 87-195, pt. V, Sec. 801, as added
Pub. L. 93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 728, authorized
the President to furnish assistance for relief and reconstruction
of South Vietnam, Cambodia, and Laos, prior to repeal by Pub. L.
94-329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761.
A prior section 802 of Pub. L. 87-195, pt. V, was classified to
section 2432 of this title prior to repeal by Pub. L. 94-329.
SHORT TITLE
For short title of this subchapter as the "Tropical Forest
Conservation Act of 1998", see section 801 of Pub. L. 87-195, set
out as a note under section 2151 of this title.
-End-
-CITE-
22 USC Sec. 2431a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431a. Definitions
-STATUTE-
As used in this subchapter:
(1) Administering body
The term "administering body" means the entity provided for in
section 2431g(c) of this title.
(2) Appropriate congressional committees
The term "appropriate congressional committees" means -
(A) the Committee on International Relations and the
Committee on Appropriations of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(3) Beneficiary country
The term "beneficiary country" means an eligible country with
respect to which the authority of section 2431d(a)(1) of this
title, section 2431e(a)(1) of this title, or paragraph (1) or (2)
of section 2431f(a) of this title is exercised.
(4) Board
The term "Board" means the board referred to in section 2431i
of this title.
(5) Developing country with a tropical forest
The term "developing country with a tropical forest" means -
(A)(i) a country that has a per capita income of $725 or less
in 1994 United States dollars (commonly referred to as
"low-income country"), as determined and adjusted on an annual
basis by the International Bank for Reconstruction and
Development in its World Development Report; or
(ii) a country that has a per capita income of more than $725
but less than $8,956 in 1994 United States dollars (commonly
referred to as "middle-income country"), as determined and
adjusted on an annual basis by the International Bank for
Reconstruction and Development in its World Development Report;
and
(B) a country that contains at least one tropical forest that
is globally outstanding in terms of its biological diversity or
represents one of the larger intact blocks of tropical forests
left, on a regional, continental, or global scale.
(6) Eligible country
The term "eligible country" means a country designated by the
President in accordance with section 2431c of this title.
(7) Tropical Forest Agreement
The term "Tropical Forest Agreement" or "Agreement" means a
Tropical Forest Agreement provided for in section 2431g of this
title.
(8) Tropical Forest Facility
The term "Tropical Forest Facility" or "Facility" means the
Tropical Forest Facility established in the Department of the
Treasury by section 2431b of this title.
(9) Tropical Forest Fund
The term "Tropical Forest Fund" or "Fund" means a Tropical
Forest Fund provided for in section 2431h of this title.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 803, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 886.)
-MISC1-
PRIOR PROVISIONS
A prior section 803 of Pub. L. 87-195, pt. V, was classified to
section 2433 of this title prior to repeal by Pub. L. 94-329.
-End-
-CITE-
22 USC Sec. 2431b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431b. Establishment of Facility
-STATUTE-
There is established in the Department of the Treasury an entity
to be known as the "Tropical Forest Facility" for the purpose of
providing for the administration of debt reduction in accordance
with this subchapter.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 804, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 887.)
-MISC1-
PRIOR PROVISIONS
A prior section 804 of Pub. L. 87-195, pt. V, was classified to
section 2434 of this title prior to repeal by Pub. L. 94-329.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2431a of this title.
-End-
-CITE-
22 USC Sec. 2431c 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431c. Eligibility for benefits
-STATUTE-
(a) In general
To be eligible for benefits from the Facility under this
subchapter, a country shall be a developing country with a tropical
forest -
(1) whose government meets the requirements applicable to Latin
American or Caribbean countries under paragraphs (1) through (5)
and (7) of section 2430b(a) of this title; and
(2) that has put in place investment reforms, as evidenced by
the conclusion of a bilateral investment treaty with the United
States, implementation of an investment sector loan with the
Inter-American Development Bank, World Bank-supported investment
reforms, or other measures, as appropriate.
(b) Eligibility determinations
(1) In general
Consistent with subsection (a) of this section, the President
shall determine whether a country is eligible to receive benefits
under this subchapter.
(2) Congressional notification
The President shall notify the appropriate congressional
committees of his intention to designate a country as an eligible
country at least 15 days in advance of any formal determination.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 805, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 887; amended Pub. L. 107-26, Sec. 1, Aug.
17, 2001, 115 Stat. 206.)
-MISC1-
PRIOR PROVISIONS
A prior section 805 of Pub. L. 87-195, pt. V, enacted a provision
set out as a note under former section 2431 of this title prior to
repeal by Pub. L. 94-329, title IV, Sec. 413(a), June 30, 1976, 90
Stat. 761.
AMENDMENTS
2001 - Subsec. (a)(2). Pub. L. 107-26 struck out "major" before
"investment reforms,".
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2431a, 2431g of this
title.
-End-
-CITE-
22 USC Sec. 2431d 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431d. Reduction of debt owed to United States as result of
concessional loans under this chapter
-STATUTE-
(a) Authority to reduce debt
(1) Authority
The President may reduce the amount owed to the United States
(or any agency of the United States) that is outstanding as of
January 1, 1998, as a result of concessional loans made to an
eligible country by the United States under subchapter I of this
chapter, part IV of subchapter II of this chapter, or predecessor
foreign economic assistance legislation.
(2) Authorization of appropriations
For the cost (as defined in section 661a(5) of title 2) for the
reduction of any debt pursuant to this section, there are
authorized to be appropriated to the President -
(A) $25,000,000 for fiscal year 1999;
(B) $75,000,000 for fiscal year 2000; and
(C) $100,000,000 for fiscal year 2001.
(3) Certain prohibitions inapplicable
(A) In general
A reduction of debt pursuant to this section shall not be
considered assistance for purposes of any provision of law
limiting assistance to a country.
(B) Additional requirement
The authority of this section may be exercised
notwithstanding section 2370(r) of this title or section 321 of
the International Development and Food Assistance Act of 1975.
(b) Implementation of debt reduction
(1) In general
Any debt reduction pursuant to subsection (a) of this section
shall be accomplished at the direction of the Facility by the
exchange of a new obligation for obligations of the type referred
to in subsection (a) of this section outstanding as of the date
specified in subsection (a)(1) of this section.
(2) Exchange of obligations
(A) In general
The Facility shall notify the agency primarily responsible
for administering subchapter I of this chapter of an agreement
entered into under paragraph (1) with an eligible country to
exchange a new obligation for outstanding obligations.
(B) Additional requirement
At the direction of the Facility, the old obligations that
are the subject of the agreement shall be canceled and a new
debt obligation for the country shall be established relating
to the agreement, and the agency primarily responsible for
administering subchapter I of this chapter shall make an
adjustment in its accounts to reflect the debt reduction.
(c) Additional terms and conditions
The following additional terms and conditions shall apply to the
reduction of debt under subsection (a)(1) of this section in the
same manner as such terms and conditions apply to the reduction of
debt under section 2430c(a)(1) of this title:
(1) The provisions relating to repayment of principal under
section 2430d of this title.
(2) The provisions relating to interest on new obligations
under section 2430e of this title.
(d) Authorization of appropriations for fiscal years after fiscal
year 2001
For the cost (as defined in section 661a(5) of title 2) for the
reduction of any debt pursuant to this section or section 2431e of
this title, there are authorized to be appropriated to the
President the following:
(1) $50,000,000 for fiscal year 2002.
(2) $75,000,000 for fiscal year 2003.
(3) $100,000,000 for fiscal year 2004.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 806, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 887; amended Pub. L. 107-26, Sec. 2(a),
Aug. 17, 2001, 115 Stat. 206.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in section catchline, was in the
original "the Foreign Assistance Act of 1961", meaning Pub. L.
87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is
classified principally to this chapter (Sec. 2151 et seq.). For
complete classification of the Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
Section 321 of the International Development and Food Assistance
Act of 1975, referred to in subsec. (a)(3)(B), is section 321 of
Pub. L. 94-161, Dec. 20, 1975, 89 Stat. 868, which is set out as a
note under section 2220a of this title.
-MISC1-
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
PRIOR PROVISIONS
A prior section 806 of Pub. L. 87-195, pt. V, was classified to
section 2435 of this title prior to repeal by Pub. L. 94-329.
AMENDMENTS
2001 - Subsec. (d). Pub. L. 107-26 added subsec. (d).
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2431a, 2431f of this
title.
-End-
-CITE-
22 USC Sec. 2431e 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431e. Reduction of debt owed to United States as result of
credits extended under title I of Agricultural Trade Development
and Assistance Act of 1954
-STATUTE-
(a) Authority to reduce debt
(1) Authority
Notwithstanding any other provision of law, the President may
reduce the amount owed to the United States (or any agency of the
United States) that is outstanding as of January 1, 1998, as a
result of any credits extended under title I of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et
seq.) to a country eligible for benefits from the Facility.
(2) Authorization of appropriations
(A) In general
For the cost (as defined in section 661a(5) of title 2) for
the reduction of any debt pursuant to this section, there are
authorized to be appropriated to the President -
(i) $25,000,000 for fiscal year 1999;
(ii) $50,000,000 for fiscal year 2000; and
(iii) $50,000,000 for fiscal year 2001.
(B) Limitation
The authority provided by this section shall be available
only to the extent that appropriations for the cost (as defined
in section 661a(5) of title 2) of the modification of any debt
pursuant to this section are made in advance.
(b) Implementation of debt reduction
(1) In general
Any debt reduction pursuant to subsection (a) of this section
shall be accomplished at the direction of the Facility by the
exchange of a new obligation for obligations of the type referred
to in subsection (a) of this section outstanding as of the date
specified in subsection (a)(1) of this section.
(2) Exchange of obligations
(A) In general
The Facility shall notify the Commodity Credit Corporation of
an agreement entered into under paragraph (1) with an eligible
country to exchange a new obligation for outstanding
obligations.
(B) Additional requirement
At the direction of the Facility, the old obligations that
are the subject of the agreement shall be canceled and a new
debt obligation shall be established for the country relating
to the agreement, and the Commodity Credit Corporation shall
make an adjustment in its accounts to reflect the debt
reduction.
(c) Additional terms and conditions
The following additional terms and conditions shall apply to the
reduction of debt under subsection (a)(1) of this section in the
same manner as such terms and conditions apply to the reduction of
debt under section 604(a)(1) of the Agricultural Trade Development
and Assistance Act of 1954 [7 U.S.C. 1738c(a)(1)]:
(1) The provisions relating to repayment of principal under
section 605 of such Act [7 U.S.C. 1738d].
(2) The provisions relating to interest on new obligations
under section 606 of such Act [7 U.S.C. 1738e].
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 807, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 888.)
-REFTEXT-
REFERENCES IN TEXT
The Agricultural Trade Development and Assistance Act of 1954,
referred to in subsec. (a)(1), is act July 10, 1954, ch. 469, 68
Stat. 454, as amended. Title I of the Act is classified generally
to subchapter II (Sec. 1701 et seq.) of chapter 41 of Title 7,
Agriculture. For complete classification of this Act to the Code,
see Short Title note set out under section 1691 of Title 7 and
Tables.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2431a, 2431d, 2431f of
this title.
-End-
-CITE-
22 USC Sec. 2431f 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431f. Authority to engage in debt-for-nature swaps and debt
buybacks
-STATUTE-
(a) Loans and credits eligible for sale, reduction, or cancellation
(1) Debt-for-nature swaps
(A) In general
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser described in subparagraph (B) any concessional loans
described in section 2431d(a)(1) of this title or any credits
described in section 2431e(a)(1) of this title, or on receipt
of payment from an eligible purchaser described in subparagraph
(B), reduce or cancel such loans (or credits) or portion
thereof, only for the purpose of facilitating a debt-for-nature
swap to support eligible activities described in section
2431g(d) of this title.
(B) Eligible purchaser described
A loan or credit may be sold, reduced, or canceled under
subparagraph (A) only to a purchaser who presents plans
satisfactory to the President for using the loan or credit for
the purpose of engaging in debt-for-nature swaps to support
eligible activities described in section 2431g(d) of this
title.
(C) Consultation requirement
Before the sale under subparagraph (A) to any eligible
purchaser described in subparagraph (B), or any reduction or
cancellation under such subparagraph (A), of any loan or credit
made to an eligible country, the President shall consult with
the country concerning the amount of loans or credits to be
sold, reduced, or canceled and their uses for debt-for-nature
swaps to support eligible activities described in section
2431g(d) of this title.
(D) Authorization of appropriations
For the cost (as defined in section 661a(5) of title 2) for
the reduction of any debt pursuant to subparagraph (A), amounts
authorized to be appropriated under sections 2431d(a)(2),
2431e(a)(2), and 2431d(d) of this title shall be made available
for such reduction of debt pursuant to subparagraph (A).
(2) Debt buybacks
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible country any
concessional loans described in section 2431d(a)(1) of this title
or any credits described in section 2431e(a)(1) of this title, or
on receipt of payment from an eligible country, reduce or cancel
such loans (or credits) or portion thereof, only for the purpose
of facilitating a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an additional
amount of the local currency of the eligible country, equal to
not less than the lessor of 40 percent of the price paid for such
debt by such eligible country, or the difference between the
price paid for such debt and the face value of such debt, to
support eligible activities described in section 2431g(d) of this
title.
(3) Limitation
The authority provided by paragraphs (1) and (2) shall be
available only to the extent that appropriations for the cost (as
defined in section 661a(5) of title 2) of the modification of any
debt pursuant to such paragraphs are made in advance.
(4) Terms and conditions
Notwithstanding any other provision of law, the President
shall, in accordance with this section, establish the terms and
conditions under which loans and credits may be sold, reduced, or
canceled pursuant to this section.
(5) Administration
(A) In general
The Facility shall notify the administrator of the agency
primarily responsible for administering subchapter I of this
chapter or the Commodity Credit Corporation, as the case may
be, of eligible purchasers described in paragraph (1)(B) that
the President has determined to be eligible under paragraph
(1), and shall direct such agency or Corporation, as the case
may be, to carry out the sale, reduction, or cancellation of a
loan pursuant to such paragraph.
(B) Additional requirement
Such agency or Corporation, as the case may be, shall make an
adjustment in its accounts to reflect the sale, reduction, or
cancellation.
(b) Deposit of proceeds
The proceeds from the sale, reduction, or cancellation of any
loan sold, reduced, or canceled pursuant to this section shall be
deposited in the United States Government account or accounts
established for the repayment of such loan.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 808, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 889; amended Pub. L. 107-26, Sec. 2(b),
Aug. 17, 2001, 115 Stat. 206.)
-MISC1-
AMENDMENTS
2001 - Subsec. (a)(1)(D). Pub. L. 107-26 substituted "to be
appropriated under sections 2431d(a)(2), 2431e(a)(2), and 2431d(d)
of this title" for "to appropriated under sections 2431d(a)(2) and
2431e(a)(2) of this title".
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2431a of this title.
-End-
-CITE-
22 USC Sec. 2431g 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431g. Tropical Forest Agreement
-STATUTE-
(a) Authority
(1) In general
The Secretary of State is authorized, in consultation with
other appropriate officials of the Federal Government, to enter
into a Tropical Forest Agreement with any eligible country
concerning the operation and use of the Fund for that country.
(2) Consultation
In the negotiation of such an Agreement, the Secretary shall
consult with the Board in accordance with section 2431i of this
title.
(b) Contents of Agreement
The requirements contained in section 2430g(b) of this title
(relating to contents of an agreement) shall apply to an Agreement
in the same manner as such requirements apply to an Americas
Framework Agreement.
(c) Administering body
(1) In general
Amounts disbursed from the Fund in each beneficiary country
shall be administered by a body constituted under the laws of
that country.
(2) Composition
(A) In general
The administering body shall consist of -
(i) one or more individuals appointed by the United States
Government;
(ii) one or more individuals appointed by the government of
the beneficiary country; and
(iii) individuals who represent a broad range of -
(I) environmental nongovernmental organizations of, or
active in, the beneficiary country;
(II) local community development nongovernmental
organizations of the beneficiary country; and
(III) scientific, academic, or forestry organizations of
the beneficiary country.
(B) Additional requirement
A majority of the members of the administering body shall be
individuals described in subparagraph (A)(iii).
(3) Responsibilities
The requirements contained in section 2430g(c)(3) of this title
(relating to responsibilities of the administering body) shall
apply to an administering body described in paragraph (1) in the
same manner as such requirements apply to an administering body
described in section 2430g(c)(1) of this title.
(d) Eligible activities
Amounts deposited in a Fund shall be used only to provide grants
to conserve, maintain, and restore the tropical forests in the
beneficiary country, through one or more of the following
activities:
(1) Establishment, restoration, protection, and maintenance of
parks, protected areas, and reserves.
(2) Development and implementation of scientifically sound
systems of natural resource management, including land and
ecosystem management practices.
(3) Training programs to increase the scientific, technical,
and managerial capacities of individuals and organizations
involved in conservation efforts.
(4) Restoration, protection, or sustainable use of diverse
animal and plant species.
(5) Research and identification of medicinal uses of tropical
forest plant life to treat human diseases, illnesses, and health
related concerns.
(6) Development and support of the livelihoods of individuals
living in or near a tropical forest in a manner consistent with
protecting such tropical forest.
(e) Grant recipients
(1) In general
Grants made from a Fund shall be made to -
(A) nongovernmental environmental, forestry, conservation,
and indigenous peoples organizations of, or active in, the
beneficiary country;
(B) other appropriate local or regional entities of, or
active in, the beneficiary country; or
(C) in exceptional circumstances, the government of the
beneficiary country.
(2) Priority
In providing grants under paragraph (1), priority shall be
given to projects that are run by nongovernmental organizations
and other private entities and that involve local communities in
their planning and execution.
(f) Review of larger grants
Any grant of more than $100,000 from a Fund shall be subject to
veto by the Government of the United States or the government of
the beneficiary country.
(g) Eligibility criteria
In the event that a country ceases to meet the eligibility
requirements set forth in section 2431c(a) of this title, as
determined by the President pursuant to section 2431c(b) of this
title, then grants from the Fund for that country may only be made
to nongovernmental organizations until such time as the President
determines that such country meets the eligibility requirements set
forth in section 2431c(a) of this title.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 809, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 890.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2431a, 2431f, 2431h of
this title.
-End-
-CITE-
22 USC Sec. 2431h 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431h. Tropical Forest Fund
-STATUTE-
(a) Establishment
Each beneficiary country that enters into a Tropical Forest
Agreement under section 2431g of this title shall be required to
establish a Tropical Forest Fund to receive payments of interest on
new obligations undertaken by the beneficiary country under this
subchapter.
(b) Requirements relating to operation of Fund
The following terms and conditions shall apply to the Fund in the
same manner as such terms as (!1) conditions apply to an Enterprise
for the Americas Fund under section 2430f of this title:
(1) The provision relating to deposits under subsection (b) of
such section.
(2) The provision relating to investments under subsection (c)
of such section.
(3) The provision relating to disbursements under subsection
(d) of such section.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 810, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 892.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2431a of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "and".
-End-
-CITE-
22 USC Sec. 2431i 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431i. Board
-STATUTE-
(a) Enterprise for the Americas Board
The Enterprise for the Americas Board established under section
1738i(a) of title 7 shall, in addition to carrying out the
responsibilities of the Board under section 1738i(c) of title 7,
carry out the duties described in subsection (c) of this section
for the purposes of this subchapter.
(b) Additional membership
(1) In general
The Enterprise for the Americas Board shall be composed of an
additional four members appointed by the President as follows:
(A) Two representatives from the United States Government,
including a representative of the International Forestry
Division of the United States Forest Service.
(B) Two representatives from private nongovernmental
environmental, scientific, forestry, or academic organizations
with experience and expertise in preservation, maintenance,
sustainable uses, and restoration of tropical forests.
(2) Chairperson
Notwithstanding section 1738i(b)(2) of title 7, the Enterprise
for the Americas Board shall be headed by a chairperson who shall
be appointed by the President and shall be the representative
from the Department of State appointed under section
1738i(b)(1)(A) of title 7.
(c) Duties
The duties described in this subsection are as follows:
(1) Advise the Secretary of State on the negotiations of
Tropical Forest Agreements.
(2) Ensure, in consultation with -
(A) the government of the beneficiary country;
(B) nongovernmental organizations of the beneficiary country;
(C) nongovernmental organizations of the region (if
appropriate);
(D) environmental, scientific, forestry, and academic leaders
of the beneficiary country; and
(E) environmental, scientific, forestry, and academic leaders
of the region (as appropriate),
that a suitable administering body is identified for each Fund.
(3) Review the programs, operations, and fiscal audits of each
administering body.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 811, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 892; amended Pub. L. 107-26, Sec. 3, Aug.
17, 2001, 115 Stat. 206.)
-MISC1-
AMENDMENTS
2001 - Subsec. (b)(2). Pub. L. 107-26 substituted "and shall be
the representative from the Department of State appointed under
section 1738i(b)(1)(A) of title 7" for "from among the
representatives appointed under section 1738i(b)(1)(A) of title 7
or paragraph (1)(A) of this subsection".
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2431a, 2431g of this
title.
-End-
-CITE-
22 USC Sec. 2431j 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431j. Consultations with Congress
-STATUTE-
The President shall consult with the appropriate congressional
committees on a periodic basis to review the operation of the
Facility under this subchapter and the eligibility of countries for
benefits from the Facility under this subchapter.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 812, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 893.)
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC Sec. 2431k 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
TROPICAL FORESTS
-HEAD-
Sec. 2431k. Annual reports to Congress
-STATUTE-
(a) In general
Not later than December 31 of each year, the President shall
prepare and transmit to the Congress an annual report concerning
the operation of the Facility for the prior fiscal year. Such
report shall include -
(1) a description of the activities undertaken by the Facility
during the previous fiscal year;
(2) a description of any Agreement entered into under this
subchapter;
(3) a report on any Funds that have been established under this
subchapter and on the operations of such Funds; and
(4) a description of any grants that have been provided by
administering bodies pursuant to Agreements under this
subchapter.
(b) Supplemental views in annual report
Not later than December 15 of each year, each member of the Board
shall be entitled to receive a copy of the report required under
subsection (a) of this section. Each member of the Board may
prepare and submit supplemental views to the President on the
implementation of this subchapter by December 31 for inclusion in
the annual report when it is transmitted to Congress pursuant to
this section.
-SOURCE-
(Pub. L. 87-195, pt. V, Sec. 813, as added Pub. L. 105-214, Sec. 1,
July 29, 1998, 112 Stat. 893.)
-MISC1-
PRIOR PROVISIONS
Prior sections 2432 to 2435 were repealed by Pub. L. 94-329,
title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761.
Section 2432, Pub. L. 87-195, pt. V, Sec. 802, as added Pub. L.
93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 728, authorized
appropriation of $504,000,000 for fiscal year 1974 to remain
available until expended for relief and reconstruction of South
Vietnam, Cambodia, and Laos.
Section 2433, Pub. L. 87-195, pt. V, Sec. 803, as added Pub. L.
93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 728, provided for
assistance to South Vietnamese children.
Section 2434, Pub. L. 87-195, pt. V, Sec. 804, as added Pub. L.
93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 729, made provision for
assistance to the Center for Plastic and Reconstructive Surgery in
Saigon.
Section 2435, Pub. L. 87-195, pt. V, Sec. 806, as added Pub. L.
93-559, Sec. 41, Dec. 30, 1974, 88 Stat. 1812, directed that
provisions covering special programs for relief of South Vietnam,
Cambodia, and Laos not apply to programs related to population
growth, narcotics control, humanitarian programs by international
organizations, and regional programs.
-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.
-End-
-CITE-
22 USC SUBCHAPTER V - MIDDLE EAST ASSISTANCE 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER V - MIDDLE EAST ASSISTANCE
-HEAD-
SUBCHAPTER V - MIDDLE EAST ASSISTANCE
-End-
-CITE-
22 USC Secs. 2441 to 2443 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER V - MIDDLE EAST ASSISTANCE
-HEAD-
Secs. 2441 to 2443. Repealed. Pub. L. 95-384, Sec. 12(c)(4), Sept.
26, 1978, 92 Stat. 737
-MISC1-
Section 2441, Pub. L. 87-195, pt. VI, Sec. 901, as added Pub. L.
93-559, Sec. 42, Dec. 30, 1974, 88 Stat. 1812; amended Pub. L.
94-329, title IV, Sec. 401, June 30, 1976, 90 Stat. 756, related to
Congressional statement of policy with regard to Middle East
assistance.
Section 2442, Pub. L. 87-195, pt. VI, Sec. 902, as added Pub. L.
93-559, Sec. 42, Dec. 30, 1974, 88 Stat. 1812, related to
allocations of funds with regard to Middle East assistance.
Section 2443, Pub. L. 87-195, pt. VI, Sec. 903, as added Pub. L.
93-559, Sec. 42, Dec. 30, 1974, 88 Stat. 1812; amended Pub. L.
94-329, title V, Sec. 502, June 30, 1976, 90 Stat. 763; Pub. L.
95-92, Sec. 13, Aug. 4, 1977, 91 Stat. 621, related to a special
requirements fund with regard to Middle East assistance.
-End-
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| Idioma: | inglés |
| País: | Estados Unidos |
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