SUBCHAPTER III—GENERAL AND ADMINISTRATIVE PROVISIONS
Part I—General Provisions
§2351. Encouragement of free enterprise and private participation
(a) Policy of United States
The Congress of the United States recognizes the vital role of free enterprise in achieving rising levels of production and standards of living essential to economic progress and development. Accordingly, it is declared to be the policy of the United States to encourage the efforts of other countries to increase the flow of international trade, to foster private initiative and competition, to encourage the development and use of cooperatives, credit unions, and savings and loan associations, to discourage monopolistic practices, to improve the technical efficiency of their industry, agriculture, and commerce, and to strengthen free labor unions; and to encourage the contribution of United States enterprise toward economic strength of less developed friendly countries, through private trade and investment abroad, private participation in programs carried out under this chapter (including the use of private trade channels to the maximum extent practicable in carrying out such programs), and exchange of ideas and technical information on the matters covered by this subsection.
(b) Action by President to facilitate participation to maximum extent
In order to encourage and facilitate participation by private enterprise to the maximum extent practicable in achieving any of the purposes of this chapter, the President shall—
(1) make arrangements to find, and draw the attention of private enterprise to, opportunities for investment and development in less-developed friendly countries and areas;
(2) establish an effective system for obtaining adequate information with respect to the activities of, and opportunities for, nongovernmental participation in the development process, and for utilizing such information in the planning, direction, and execution of programs carried out under this chapter, and in the coordination of such programs with the ever-increasing developmental activities of nongovernmental United States institutions;
(3) accelerate a program of negotiating treaties for commerce and trade, including tax treaties, which shall include provisions to encourage and facilitate the flow of private investment to, and its equitable treatment in, friendly countries and areas participating in programs under this chapter;
(4) seek, consistent with the national interest, compliance by other countries or areas with all treaties for commerce and trade and taxes, and take all reasonable measures under this chapter or other authority to secure compliance therewith and to assist United States citizens in obtaining just compensation for losses sustained by them or payments exacted from them as a result of measures taken or imposed by any country or area thereof in violation of any such treaty;
(5) to the maximum extent practicable carry out programs of assistance through private channels and to the extent practicable in conjunction with local private or governmental participation, including loans under the authority of
(6) take appropriate steps to discourage nationalization, expropriation, confiscation, seizure of ownership or control, of private investment and discriminatory or other actions having the effect thereof, undertaken by countries receiving assistance under this chapter, which divert available resources essential to create new wealth, employment, and productivity in those countries and otherwise impair the climate for new private investment essential to the stable economic growth and development of those countries;
(7) utilize wherever practicable the services of United States private enterprise (including, but not limited to, the services of experts and consultants in technical fields such as engineering); and
(8) utilize wherever practicable the services of United States private enterprise on a cost-plus incentive fee contract basis to provide the necessary skills to develop and operate a specific project or program of assistance in a less developed friendly country or area in any case in which direct private investment is not readily encouraged, and provide where appropriate for the transfer of equity ownership in such project or program to private investors at the earliest feasible time.
(c) International Private Investment Advisory Council on Foreign Aid; establishment; composition; selection of members by Administrator; duration of service; Chairman; duties of Council; compensation; travel and other expenses; funds for payment of expenses of Council
(1) There is hereby established an International Private Investment Advisory Council on Foreign Aid to be composed of such number of leading American business specialists as may be selected, from time to time, by the Administrator of the Agency for International Development for the purpose of carrying out the provisions of this subsection. The members of the Council shall serve at the pleasure of the Administrator, who shall designate one member to serve as Chairman.
(2) It shall be the duty of the Council, at the request of the Administrator, to make recommendations to the Administrator with respect to particular aspects of programs and activities under this chapter where private enterprise can play a contributing role and to act as liaison for the Administrator to involve specific private enterprises in such programs and activities.
(3) The members of the Advisory Council shall receive no compensation for their services but shall be entitled to reimbursement in accordance with
(4) The expenses of the Advisory Council shall be paid by the Administrator from funds otherwise available under this chapter.
(d) Engineering and professional services of United States firms
It is the sense of Congress that the Agency for International Development should continue to encourage, to the maximum extent consistent with the national interest, the utilization of engineering and professional services of United States firms (including, but not limited to, any corporation, company, partnership, or other association) or by an affiliate of such United States firms in connection with capital projects financed by funds authorized under this chapter.
(e) Contracts on basis of competitive selection procedures
(1) The Congress finds that significantly greater effort must be made in carrying out programs under subchapter I of this chapter to award contracts on the basis of competitive selection procedures. All such contracts should be let on the basis of competitive selection procedures except in those limited cases in which the procurement regulations governing the agency primarily responsible for administering subchapter I of this chapter allow noncompetitive procedures to be used.
(2) Repealed.
(
References in Text
This chapter, referred to in subsecs. (b) and (d), was in the original "this Act", meaning
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
Amendments
1981—Subsec. (e)(2).
1978—Subsec. (b)(5).
Subsec. (e).
1967—Subsec. (c)(3).
1966—Subsec. (b)(2) to (8).
Subsec. (c).
1964—Subsec. (c)(4).
Subsec. (d).
1963—Subsec. (b).
Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
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
Termination of Advisory Council
Advisory council in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of
§2352. Small business
(a) Assistance for participation in furnishing of commodities, defense articles, and services
Insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of this chapter, the President shall assist American small business to participate equitably in the furnishing of commodities, defense articles, and services (including defense services) financed with funds made available under this chapter—
(1) by causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with such funds;
(2) by causing to be made available to prospective purchasers in the countries and areas receiving assistance under this chapter information as to such commodities, articles, and services produced by small independent enterprises in the United States; and
(3) by providing for additional services to give small business better opportunities to participate in the furnishing of such commodities, articles, and services financed with such funds.
(b) Office of Small Business
There shall be an Office of Small Business, headed by a Special Assistant for Small Business, in such agency of the United States Government as the President may direct, to assist in carrying out the provisions of subsection (a) of this section.
(c) Information with respect to certain purchases by Department of Defense
The Secretary of Defense shall assure that there is made available to suppliers in the United States, and particularly to small independent enterprises, information with respect to purchases made by the Department of Defense pursuant to subchapter II of this chapter, such information to be furnished as far in advance as possible.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
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
Reports on Participation by Small Businesses in Procurement Contracts of USAID
"(a)
"(1) For each of the fiscal years 2000, 2001, and 2002:
"(A) The total number of the contracts that were awarded by the Agency to—
"(i) all small businesses;
"(ii) small business concerns owned and controlled by socially and economically disadvantaged individuals;
"(iii) small business concerns owned and controlled by women;
"(iv) small businesses participating in the program under section 8(a) of such Act [probably means section 8(a) of the Small Business Act] (
"(v) qualified HUBZone small business concerns.
"(B) The percentage of all contracts awarded by the Agency that were awarded to the small businesses in each category of small businesses specified in clauses (i) through (v) of subparagraph (A), as computed on the basis of dollar amounts.
"(C) Of all contracts awarded by the Agency for performance in the United States, the percentage of the contracts that were awarded to the small businesses in each category of small businesses specified in clauses (i) through (v) of subparagraph (A), as computed on the basis of dollar amounts.
"(D) To the extent available—
"(i) the total number of grant and cooperative agreements that were made by the Agency to the small businesses in each category of small businesses specified in clauses (i) through (v) of subparagraph (A);
"(ii) the percentage of all grant and cooperative agreements awarded by the Agency that were awarded to small businesses in each category of small businesses specified in clauses (i) through (v) of subparagraph (A), as computed on the basis of dollar amounts; and
"(iii) of all grant and cooperative agreements made by the Agency to entities in the United States, the percentage of the grant and cooperative agreements that were awarded to small businesses in each category of small businesses specified in clauses (i) through (v) of subparagraph (A), as computed on the basis of dollar amounts.
"(E) To the extent available—
"(i) the total dollar amount of all subcontracts entered into with the small businesses in each category specified in clauses (i) through (v) of subparagraph (A) by the prime contractors for contracts entered into by the Agency; and
"(ii) the percentage of all contracts entered into by the Agency that were performed under subcontracts described in clause (i), as computed on the basis of dollar amounts.
"(2) An analysis of any specific industries or sectors that are underrepresented by small businesses in the awarding of contracts by the Agency and, to the extent such information is available, such analysis pertaining to the making of grants and cooperative agreements by the Agency.
"(3) A specific plan of outreach, including measurable achievement milestones, to increase the total number of contracts that are awarded by the Agency, and the percentage of all contracts awarded by the Agency (computed on the basis of dollar amount) that are awarded, to—
"(A) all small businesses;
"(B) small business concerns owned and controlled by socially and economically disadvantaged individuals;
"(C) small business concerns owned and controlled by women;
"(D) small businesses participating in the program under section 8(a) of such Act (
"(E) qualified HUBZone small business concerns,
in order to meet the statutory and voluntary targets established by the Agency and the Small Business Administration, with a particular focus on the industries or sectors identified in paragraph (2).
"(4) Any other information the Administrator determines appropriate.
"(b)
"(1) Proposals and milestones that apply to all contracts entered into by or on behalf of the Agency in Washington, D.C., and proposals and milestones that apply to all contracts entered into by or on behalf of the Agency by offices outside Washington, D.C.
"(2) Proposals and milestones of the Agency to increase the amount of subcontracting to businesses described in such subsection (a)(3) by the prime contractors of the Agency.
"(3) With the milestones described in paragraph (2), a description of how the Administrator plans to use the failure of a prime contractor to meet goals as a ranking factor for evaluating any other submission from the contractor for future contracts by the Agency.
"(c)
"(d)
"(1)
"(2)
"(3)
"(A) the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Small Business of the House of Representatives; and
"(B) the Committee on Foreign Relations and the Committee on Small Business [now Committee on Small Business and Entrepreneurship] of the Senate."
Office in Agency for International Development
For location of the Office of Small Business, provided for in subsec. (b), in the United States Agency for International Development, see section 1–200(d) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Procurements From Small Businesses
[For termination, effective May 15, 2000, of reporting provisions in section 602 of
§2353. Shipping on United States vessels
The ocean transportation between foreign countries of commodities and defense articles purchased with foreign currencies made available or derived from funds made available under this chapter or the Food for Peace Act, as amended [
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Food for Peace Act, as amended, referred to in text, is act July 10, 1954, ch. 469,
Codification
In text, "
Amendments
2008—
Effective Date of 2008 Amendment
Amendment by
§2354. Procurement
(a) Limitations on procurement outside United States
(1) Funds made available for assistance under this chapter may be used by the President for procurement—
(A) only in the United States, the recipient country, or developing countries; or
(B) in any other country but only if—
(i) the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in any country specified in subparagraph (A); or
(ii) the President determines, on a case-by-case basis, that procurement in such other country is necessary—
(I) to meet unforeseen circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in subparagraph (A); or
(II) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.
(2) For purposes of this subsection, the term "developing countries" shall not include advanced developing countries.
(b) Purchases in bulk
No funds made available under this chapter shall be used for the purchase in bulk of any commodities at prices higher than the market price prevailing in the United States at the time of purchase, adjusted for differences in the cost of transportation to destination, quality, and terms of payment.
(c) Agricultural commodities or products thereof available for disposition under Food for Peace Act
In providing for the procurement of any agricultural commodity or product thereof available for disposition under the Food for Peace Act, as amended [
(d) Marine insurance
In providing assistance in the procurement of commodities in the United States, United States dollars shall be made available for marine insurance on such commodities where such insurance is placed on a competitive basis in accordance with normal trade practice prevailing prior to the outbreak of World War II: Provided, That in the event a participating country, by statute, decree, rule, or regulation, discriminates against any marine insurance company authorized to do business in any State of the United States, then commodities purchased with funds provided hereunder and destined for such country shall be insured in the United States against marine risk with a company or companies authorized to do a marine insurance business in any State of the United States.
(e) Parity for domestic commodities prior to use of funds outside United States
No funds made available under this chapter shall be used for the procurement of any agricultural commodity or product thereof outside the United States when the domestic price of such commodity is less than parity, unless the commodity to be financed could not reasonably be procured in the United States in fulfillment of the objectives of a particular assistance program under which such commodity procurement is to be financed.
(f) Commodity eligibility
No funds authorized to be made available to carry out subchapter I of this chapter shall be used under any commodity import program to make any payment to a supplier unless the supplier has certified to the agency primarily responsible for administering such subchapter I, such information as such agency shall by regulation prescribe, including but not limited to, a description of the commodity supplied by him and its condition, and, on the basis of such information such agency shall have approved such commodity as eligible and suitable for financing under this chapter.
(g) Construction or engineering services; applicability to advanced developing country
(1) None of the funds authorized to be appropriated or made available for obligation or expenditure under this chapter may be made available for the procurement of construction or engineering services from advanced developing countries, eligible under the Geographic Code 941, which have attained a competitive capability in international markets for construction services or engineering services.
(2) Paragraph (1) does not apply with respect to an advanced developing country which—
(A) is receiving direct economic assistance under part I of subchapter I of this chapter or part IV of subchapter II of this chapter, and
(B) if the country has its own foreign assistance programs which finance the procurement of construction or engineering services, permits United States firms to compete for those services.
(
References in Text
This chapter, referred to in subsecs. (a) to (c) and (e) to (g)(1), was in the original "this Act", meaning
The Food for Peace Act, as amended, referred to in subsec. (c), is act July 10, 1954, ch. 469,
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
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
Amendments
2008—Subsec. (c).
1992—Subsec. (a).
1985—Subsec. (g).
1980—Subsec. (e).
Subsec. (g).
1968—Subsec. (f).
1966—Subsec. (c).
Subsec. (e).
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
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
§2355. Retention and use of certain items and funds
(a) Commodities and defense articles; disposal to prevent spoilage or wastage or to conserve usefulness; funds realized from disposal or transfer
Any commodities and defense articles procured to carry out this chapter shall be retained by, or upon reimbursement, transferred to, and for the use of, such agency of the United States Government as the President may determine in lieu of being disposed of to a foreign country or international organization, whenever in the judgment of the President the best interests of the United States will be served thereby, or whenever such retention is called for by concurrent resolution. Any commodities or defense articles so retained may be disposed of without regard to provisions of law relating to the disposal of property owned by the United States Government, when necessary to prevent spoilage or wastage of such commodities or defense articles or to conserve the usefulness thereof. Funds realized from any disposal or transfer shall revert to the respective appropriation, fund, or account used to procure such commodities or defense articles or to the appropriation, fund, or account currently available for the same general purpose.
(b) Commodities transferred as repayment of assistance
Whenever commodities are transferred to the United States Government as repayment of assistance under this chapter, such commodities may be used in furtherance of the purposes and within the limitations of this chapter.
(c) Funds realized as result of illegal transactions
Funds realized as a result of any failure of a transaction financed under authority of subchapter I of this chapter to conform to the requirements of this chapter, or to applicable rules and regulations of the United States Government, or to the terms of any agreement or contract entered into under authority of subchapter I of this chapter, shall revert to the respective appropriation, fund, or account used to finance such transaction or to the appropriation, fund, or account currently available for the same general purpose.
(d) Funds realized from sale, transfer, or disposal of returned defense articles
Funds realized by the United States Government from the sale, transfer, or disposal of defense articles returned to the United States Government by a recipient country or international organization as no longer needed for the purpose for which furnished shall be credited to the respective appropriation, fund, or account used to procure such defense articles or to the appropriation, fund, or account currently available for the same general purpose.
(
References in Text
This chapter, referred to in subsecs. (a) to (c), was in the original "this Act", meaning
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
Amendments
1965—Subsecs. (c), (d).
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
§2356. Patents and technical information
(a) Practice of invention or disclosure of information; suits against United States for reasonable compensation; jurisdiction; limitation of action; defenses
Whenever, in connection with the furnishing of assistance under this chapter—
(1) an invention or discovery covered by a patent issued by the United States Government is practiced within the United States without the authorization of the owner, or
(2) information, which is (A) protected by law, and (B) held by the United States Government subject to restrictions imposed by the owner, is disclosed by the United States Government or any of its officers, employees, or agents in violation of such restrictions,
the exclusive remedy of the owner, except as provided in subsection (b) of this section, is to sue the United States Government for reasonable and entire compensation for such practice or disclosure in the district court of the United States for the district in which such owner is a resident, or in the United States Court of Federal Claims, within six years after the cause of action arises. Any period during which the United States Government is in possession of a written claim under subsection (b) of this section before mailing a notice of denial of that claim does not count in computing the six years. In any such suit, the United States Government may plead any defense that may be pleaded by a private person in such an action. The last paragraph of
(b) Settlement of claims
Before suit against the United States Government has been instituted, the head of the agency of the United States Government concerned may settle and pay any claim arising under the circumstances described in subsection (a) of this section. No claim may be paid under this subsection unless the amount tendered is accepted by the claimant in full satisfaction.
(c) Drug products manufactured outside the United States
Funds appropriated pursuant to this chapter shall not be expended by the United States Government for the acquisition of any drug product or pharmaceutical product manufactured outside the United States if the manufacture of such drug product or pharmaceutical product in the United States would involve the use of, or be covered by, an unexpired patent of the United States which has not previously been held invalid by an unappealed or unappealable judgment or decree of a court of competent jurisdiction, unless such manufacture is expressly authorized by the owner of such patent.
(
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning
Amendments
1992—Subsec. (a).
1982—Subsec. (a).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§2357. Furnishing of services and commodities
(a) Advance-of-funds or reimbursement basis
Whenever the President determines it to be consistent with and in furtherance of the purposes of subchapter I of this chapter and within the limitations of this chapter, any agency of the United States Government is authorized to furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries, international organizations, the American Red Cross, and voluntary nonprofit relief agencies registered with and approved by the Agency for International Development (including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available). Such advances or reimbursements may be credited to the currently applicable appropriation, account, or fund of the agency concerned and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used, under the following circumstances:
(1) Advances or reimbursements which are received under this section within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered.
(2) Advances or reimbursements received pursuant to agreements executed under this section in which reimbursement will not be completed within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered: Provided, That such agreements require the payment of interest at the current rate established pursuant to
(b) Agency contracts with individuals to perform services
When any agency of the United States Government provides services on an advance-of-funds or reimbursable basis under this section, such agency may contract with individuals for personal service abroad or in the United States to perform such services or to replace officers or employees of the United States Government who are assigned by the agency to provide such services. Such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Director of the Office of Personnel Management.
(c) Excess property
(1) Except as provided in subsection (d), no Government-owned excess property shall be made available under this section,
(A) that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested;
(B) as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and
(C) that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these costs.
(2) For purposes of transferring property described in this subsection in furtherance of the provisions of part VIII of subchapter I of this chapter, the phrase "the agency administering such subchapter I" shall be considered to refer to the Department of State.
(d) Transfer of Government-owned excess property to enhance environmental protection in foreign countries
The Secretary of State, acting through the Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, is authorized to transfer to any friendly country, international organization, the American Red Cross, or other voluntary nonprofit relief agency described in subsection (a), Government-owned excess property made available under this section or
(1) that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested;
(2) as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and
(3) that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these costs.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
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
Amendments
1985—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
1979—Subsec. (a).
1978—Subsecs. (b), (c).
1977—Subsec. (a).
1975—Subsec. (a).
1968—
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Regulations
Transfer of Functions
"Director of the Office of Personnel Management" substituted for "Civil Service Commission" in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037,
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see
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
Delegation of Authority
Memorandum of President of the United States, Feb. 16, 1995, 60 F.R. 10793, provided:
Memorandum for the Secretary of State [and] the Administrator of the Agency for International Development
By virtue of the authority vested in me by the Constitution and laws of the United States of America, including
(A) the functions under section 607 of the Foreign Assistance Act of 1961, as amended (FAA) [
(B) the functions in the first proviso under the heading "Population, Development Assistance," contained in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (
The delegations of authority described in subparagraph (A) are in addition to other delegations of such authority to the International Development Cooperation Agency.
The delegation of authority described above in subparagraph (B) shall be exercised in lieu of the delegation of the comparable authority to the Administrator of the Agency for International Development by section 1–102(a)(7) of Executive Order No. 12163, as amended [
Any reference in this memorandum to any Act, order, determination, or delegation of authority shall be deemed to be a reference to such Act, order, determination, or delegation of authority as amended from time to time.
The functions delegated by this memorandum may be redelegated within the Department of State or the Agency for International Development, as appropriate.
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
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
§2358. Foreign and domestic excess property
(a) Advance acquisition of property; special account for payment of costs; limitation; use of property
It is the sense of the Congress that in furnishing assistance under subchapter I of this chapter excess personal property, or (if a substantial savings would occur) other property already owned by an agency of the United States Government, shall be utilized wherever practicable in lieu of or supplementary to the procurement of new items for United States-assisted projects and programs. The President is authorized to maintain in a separate account, which shall, notwithstanding
(b) Transfer of domestic excess property
Property classified as domestic excess property under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 shall not be transferred to the agency primarily responsible for administering subchapter I of this chapter for use pursuant to the provisions of subchapter I of this chapter or
(
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
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
Codification
In text, "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for references to the Federal Property and Administrative Services Act of 1949, as amended, on authority of
In subsec. (a), "
In subsec. (b), "section 549(a) to (e) of title 40" substituted for "section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended" and "those subsections" substituted for "that subsection" on authority of
Amendments
1981—Subsec. (a).
1978—Subsec. (a).
1967—Subsec. (a).
1966—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
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
§2359. Repealed. Pub. L. 105–277, div. A, §101(d) [title V, §533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150 , 2681-180
Section,
§2360. Transfer of funds between accounts
(a) Necessity of transfer; limitations
Whenever the President determines it to be necessary for the purposes of this chapter, not to exceed 10 per centum of the funds made available for any provision of this chapter (except funds made available pursuant to subpart IV of part II of subchapter I of this chapter or for
(b) Augmentation of other appropriations
The authority contained in this section and in
(c) Military and development assistance purposes
Any funds which the President has notified Congress pursuant to
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Amendments
1990—Subsec. (a).
1978—Subsec. (b).
1974—Subsec. (a).
Subsec. (c).
1969—Subsec. (a).
1967—Subsec. (b).
1966—Subsec. (b).
1962—
Effective Date of 1990 Amendment
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
§2361. Completion of plans and cost estimates
(a) Restriction on agreements or grants
No agreement or grant which constitutes an obligation of the United States Government in excess of $500,000 under
(1) if such agreement or grant requires substantive technical or financial planning, until engineering, financial, and other plans necessary to carry out such assistance, and a reasonably firm estimate of the cost to the United States Government of providing such assistance, have been completed; and
(2) if such agreement or grant requires legislative action within the recipient country, unless such legislative action may reasonably be anticipated to be completed in time to permit the orderly accomplishment of the purposes of such agreement or grant.
(b) Plans for water or related land resource construction projects; computation of benefits and costs
Plans required under subsection (a) of this section for any water or related land resource construction project or program shall include a computation of benefits and costs made insofar as practicable in accordance with the principles, standards, and procedures established pursuant to the Water Resources Planning Act (
(c) Contracts for construction outside United States; competitive basis
To the maximum extent practicable, all contracts for construction outside the United States made in connection with any agreement or grant subject to subsection (a) of this section shall be made on a competitive basis.
(d) Engineering, financial, and other plans
Subsection (a) of this section shall not apply to any assistance furnished for the sole purpose of preparation of engineering, financial, and other plans.
(e) Certification of country capability to maintain and utilize projects as prerequisite to assistance for capital projects exceeding cost limitations
In addition to any other requirements of this section, no assistance authorized under part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter shall be furnished with respect to any capital assistance project estimated to cost in excess of $1,000,000 until the head of the agency primarily responsible for administering subchapter I of this chapter has received and taken into consideration a certification from the principal officer of such agency in the country in which the project is located as to the capability of the country (both financial and human resources) to effectively maintain and utilize the project taking into account among other things the maintenance and utilization of projects in such country previously financed or assisted by the United States.
(
References in Text
The Water Resources Planning Act, referred to in subsec. (b), is
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
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
Amendments
1985—Subsec. (a).
Subsec. (b).
1979—Subsec. (b).
1978—Subsec. (a).
Subsec. (e).
1967—Subsec. (e).
1963—Subsec. (b).
1962—Subsec. (a).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§2362. Use of foreign currencies
(a) Currencies received in payment for nonmilitary assistance; foreign obligations
Except as otherwise provided in this chapter or other Acts, foreign currencies received either (1) as a result of the furnishing of nonmilitary assistance under the Mutual Security Act of 1954, as amended, or any Act repealed thereby, and unobligated on September 3, 1961, or (2) on or after September 4, 1961, as a result of the furnishing of nonmilitary assistance under the Mutual Security Act of 1954, as amended, or any Act repealed thereby, or (3) as a result of the furnishing of assistance under subchapter I of this chapter, which are in excess of amounts reserved under authority of
(b) United States operations abroad; excess foreign currencies
Any Act of the Congress making appropriations to carry out programs under this chapter or any other Act for United States operations abroad is hereby authorized to provide for the utilization of United States-owned excess foreign currencies to carry out any such operations authorized by law.
As used in this subsection, the term "excess foreign currencies" means foreign currencies or credits owned by or owed to the United States which are, under applicable agreements with the foreign country concerned, available for the use of the United States Government and are determined by the President to be excess to the normal requirements of departments and agencies of the United States for such currencies or credits and are not prohibited from use under this subsection by an agreement entered into with the foreign country concerned.
The President shall take all appropriate steps to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars. Dollar funds made available pursuant to this chapter shall not be expended for goods and services when United States-owned foreign currencies are available for such purposes unless the administrative official approving the voucher certifies as to the reason for the use of dollars in each case.
(c) Voluntary family planning programs; limitation
In addition to funds otherwise available, excess foreign currencies, as defined in subsection (b), may be made available to friendly foreign governments and to private, nonprofit United States organizations to carry out voluntary family planning programs in countries which request such assistance. No such program shall be assisted unless the President has received assurances that in the administration of such program the recipient will take reasonable precautions to insure that no person receives any family planning assistance or supplies unless he desires such services. The excess foreign currencies made available under this subsection shall not, in any one year, exceed 5 per centum of the aggregate of all excess foreign currencies. As used in this subsection, the term "voluntary family planning program" includes, but is not limited to, demographic studies, medical and psychological research, personnel training, the construction and staffing of clinics and rural health centers, specialized training of doctors and paramedical personnel, the manufacture of medical supplies, and the dissemination of family planning information, medical assistance, and supplies to individuals who desire such assistance.
(d) Reciprocal release of dollar value equivalents
In furnishing assistance under this chapter to the government of any country in which the United States owns excess foreign currencies as defined in subsection (b) of this section, except those currencies generated under the Food for Peace Act, as amended [
(
References in Text
This chapter, referred to in subsecs. (a), (b), and (d), was in the original "this Act", meaning
The Mutual Security Act of 1954, referred to in subsec. (a), is act Aug. 26, 1954, ch. 937,
The Food for Peace Act, as amended, referred to in subsec. (d), is act July 10, 1954, ch. 469,
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
Amendments
2008—Subsec. (d).
1969—Subsec. (d).
1966—Subsec. (c).
1965—Subsecs. (b), (c).
1964—Subsec. (b).
Subsec. (c).
1963—
Effective Date of 2008 Amendment
Amendment by
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
Separate Accounts for Local Currencies and Cash Transfers
"(a)
"(1)
"(A) require that local currencies be deposited in a separate account established by that government;
"(B) enter into an agreement with that government which sets forth—
"(i) the amount of the local currencies to be generated; and
"(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and
"(C) establish by agreement with that government the responsibilities of USAID [United States Agency for International Development] and that government to monitor and account for deposits into and disbursements from the separate account.
"(2)
"(A) to carry out
"(i) project and sector assistance activities; or
"(ii) debt and deficit financing; or
"(B) for the administrative requirements of the United States Government.
"(3)
"(4)
"(b)
"(1)
"(2)
"(3)
"(4)
Similar provisions were contained in the following prior appropriation acts:
§2363. Accounting, valuation, reporting, and administration of foreign currencies
(a) Responsibility of Secretary of the Treasury; regulations
Under the direction of the President, the Secretary of the Treasury shall have responsibility for valuation and central accounting with respect to foreign credits (including currencies) owed to or owned by the United States. In order to carry out such responsibility the Secretary shall issue regulations binding upon all agencies of the Government.
(b) Establishment of exchange rates
The Secretary of the Treasury shall have sole authority to establish for all foreign currencies or credits the exchange rates at which such currencies are to be reported by all agencies of the Government.
(c) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(d) Interest income on foreign currency proceeds; regulations; waiver; report to Congress
In cases where assistance is to be furnished to any recipient country in furtherance of the purposes of this chapter or any other Act on a basis which will result in the accrual of foreign currency proceeds to the United States, the Secretary of the Treasury shall issue regulations requiring that agreements, in respect of such assistance, include provisions for the receipt of interest income on the foreign currency proceeds deposited in authorized depositaries: Provided, That whenever the Secretary of State determines it not to be in the national interest to conclude arrangements for the receipt of interest income he may waive the requirement thereof: Provided further, That the Secretary of State, or his delegate, shall promptly make a complete report to the Congress on each such determination and the reasons therefor.
(
References in Text
This chapter, referred to in subsec. (d), was in the original "this Act", meaning
Amendments
1981—Subsec. (c).
1976—Subsec. (c).
1965—Subsec. (d).
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
§2364. Special authorities
(a) Furnishing of assistance and arms export sales, credits, and guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal year limitations; transfers between accounts
(1) The President may authorize the furnishing of assistance under this chapter without regard to any provision of this chapter, the Arms Export Control Act [
(2) The President may make sales, extend credit, and issue guaranties under the Arms Export Control Act [
(3) Before exercising the authority granted in this subsection, the President shall consult with, and shall provide a written policy justification to, the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(4)(A) The authority of this subsection may not be used in any fiscal year to authorize—
(i) more than $750,000,000 in sales to be made under the Arms Export Control Act [
(ii) the use of more than $250,000,000 of funds made available for use under this chapter or the Arms Export Control Act; and
(iii) the use of more than $100,000,000 of foreign currencies accruing under this chapter or any other law.
(B) If the authority of this subsection is used both to authorize a sale under the Arms Export Control Act and to authorize funds to be used under the Arms Export Control Act or under this chapter with respect to the financing of that sale, then the use of the funds shall be counted against the limitation in subparagraph (A)(ii) and the portion, if any, of the sale which is not so financed shall be counted against the limitation in subparagraph (A)(i).
(C) Not more than $50,000,000 of the $250,000,000 limitation provided in subparagraph (A)(ii) may be allocated to any one country in any fiscal year unless that country is a victim of active aggression, and not more than $500,000,000 of the aggregate limitation of $1,000,000,000 provided in subparagraphs (A)(i) and (A)(ii) may be allocated to any one country in any fiscal year.
(5) The authority of this section may not be used to waive the limitations on transfers contained in
(b) United States obligations in West Germany
Whenever the President determines it to be important to the national interest, he may use funds available for the purposes of part IV of subchapter I of this chapter in order to meet the responsibilities or objectives of the United States in Germany, including West Berlin, and without regard to such provisions of law as he determines should be disregarded to achieve this purpose.
(c) Certification by President of inadvisability to specify nature of use of funds; reports to Congress
The President is authorized to use amounts not to exceed $50,000,000 of the funds made available under this chapter pursuant to his certification that it is inadvisable to specify the nature of the use of such funds, which certification shall be deemed to be a sufficient voucher for such amounts. The President shall fully inform the chairman and ranking minority member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking minority member of the Committee on Foreign Relations of the Senate of each use of funds under this subsection prior to the use of such funds.
(
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a)(1), (2), (4)(A), (B), is
References to Part IV of Subchapter I Deemed References to Part IV of Subchapter II
Part IV of subchapter I (§2241 et seq.) of this chapter has been repealed. References to part IV of subchapter I, or any sections thereof, are deemed references to part IV of subchapter II (§2346 et seq.) of this chapter, or to appropriate sections thereof. See section 202(b) of
Amendments
1993—Subsec. (a)(4)(C).
1989—Subsec. (c).
1985—Subsec. (a)(4).
1980—Subsec. (a).
1974—Subsec. (a).
1967—Subsec. (a).
1966—Subsec. (a).
Subsec. (c).
Effective Date of 1985 Amendment
Amendment by
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
§2365. Contract authority
Provisions of this chapter authorizing the appropriation of funds shall be construed to authorize the granting in any appropriation Act of authority to enter into contracts, within the amounts so authorized to be appropriated, creating obligations in advance of appropriations.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§2366. Availability of funds
Except as otherwise provided in this chapter, funds shall be available to carry out the provisions of this chapter as authorized and appropriated to the President each fiscal year.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
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
Administration of Funds
§2367. Termination expenses
(a) In general
Funds made available under this chapter and the Arms Export Control Act [
(b) Liability to contractors
For the purpose of making an equitable settlement of termination claims under extraordinary contractual relief standards, the President is authorized to adopt as a contract or other obligation of the United States Government, and assume (in whole or in part) any liabilities arising thereunder, any contract with a United States or third-country contractor that had been funded with assistance under such chapter or Act prior to the termination of assistance.
(c) Termination expenses
Amounts certified as having been obligated for assistance subsequently terminated by the President, or pursuant to any provision of law, shall continue to remain available and may be reobligated to meet any necessary expenses arising from the termination of such assistance.
(d) Guaranty programs
Provisions of this chapter or any other Act requiring the termination of assistance under this chapter or any other Act shall not be construed to require the termination of guarantee commitments that were entered into prior to the effective date of the termination of assistance.
(e) Relation to other provisions
Unless specifically made inapplicable by another provision of law, the provisions of this section shall be applicable to the termination of assistance pursuant to any provision of law.
(
References in Text
This chapter and such chapter, referred to in subsecs. (a), (b), and (d), were in the original references to this Act and such Act, respectively, meaning
The Arms Export Control Act and such Act, referred to in subsecs. (a) and (b), is
Amendments
2000—
1999—
1980—
1973—
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
§2368. Assistance for a reconstruction and stabilization crisis
(a) Assistance
(1) In general
If the President determines that it is in the national security interests of the United States for United States civilian agencies or non-Federal employees to assist in reconstructing and stabilizing a country or region that is at risk of, in, or is in transition from, conflict or civil strife, the President may, in accordance with the provisions set forth in
(2) Funds described
The funds referred to in paragraph (1) are funds made available under any other provision of this chapter, and transferred or reprogrammed for purposes of this section, and such transfer or reprogramming shall be subject to the procedures applicable to a notification under
(3) Rule of construction
Nothing in this section shall be construed to provide authority to transfer funds between accounts or between Federal departments or agencies.
(b) Limitation
The authority contained in this section may be exercised only during fiscal years 2009, 2010, and 2011.
(
References in Text
This chapter, referred to in subsec. (a)(2), was in the original "this Act", meaning
Prior Provisions
A prior section 2368,
Another prior section 2368,
Findings
"(1) In June 2004, the Office of the Coordinator for Reconstruction and Stabilization (referred to as the 'Coordinator') was established in the Department of State with the mandate to lead, coordinate, and institutionalize United States Government civilian capacity to prevent or prepare for post-conflict situations and help reconstruct and stabilize a country or region that is at risk of, in, or is in transition from, conflict or civil strife.
"(2) In December 2005, the Coordinator's mandate was reaffirmed by the National Security Presidential Directive 44, which instructed the Secretary of State, and at the Secretary's direction, the Coordinator, to coordinate and lead integrated United States Government efforts, involving all United States departments and agencies with relevant capabilities, to prepare, plan for, and conduct reconstruction and stabilization operations.
"(3) National Security Presidential Directive 44 assigns to the Secretary, with the Coordinator's assistance, the lead role to develop reconstruction and stabilization strategies, ensure civilian interagency program and policy coordination, coordinate interagency processes to identify countries at risk of instability, provide decision-makers with detailed options for an integrated United States Government response in connection with reconstruction and stabilization operations, and carry out a wide range of other actions, including the development of a civilian surge capacity to meet reconstruction and stabilization emergencies. The Secretary and the Coordinator are also charged with coordinating with the Department of Defense on reconstruction and stabilization responses, and integrating planning and implementing procedures.
"(4) The Department of Defense issued Directive 3000.05, which establishes that stability operations are a core United States military mission that the Department of Defense must be prepared to conduct and support, provides guidance on stability operations that will evolve over time, and assigns responsibilities within the Department of Defense for planning, training, and preparing to conduct and support stability operations.
"(5) The President's Fiscal Year 2009 Budget Request to Congress includes $248.6 million for a Civilian Stabilization Initiative that would vastly improve civilian partnership with United States Armed Forces in post-conflict stabilization situations, including by establishing an Active Response Corps of 250 persons, a Standby Response Corps of 2,000 persons, and a Civilian Response Corps of 2,000 persons."
Reconstruction and Stabilization Strategy
"(a)
"(b)
"(1) Identification of and efforts to improve the skills sets needed to respond to and support reconstruction and stabilization operations in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife.
"(2) Identification of specific agencies that can adequately satisfy the skills sets referred to in paragraph (1).
"(3) Efforts to increase training of Federal civilian personnel to carry out reconstruction and stabilization activities.
"(4) Efforts to develop a database of proven and best practices based on previous reconstruction and stabilization operations.
"(5) A plan to coordinate the activities of agencies involved in reconstruction and stabilization operations."
[For definition of "personnel" as used in section 1607 of
§2369. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2370. Prohibitions against furnishing assistance
(a) Cuba; embargo on all trade
(1) No assistance shall be furnished under this chapter to the present government of Cuba. As an additional means of implementing and carrying into effect the policy of the preceding sentence, the President is authorized to establish and maintain a total embargo upon all trade between the United States and Cuba.
(2) Except as may be deemed necessary by the President in the interest of the United States, no assistance shall be furnished under this chapter to any government of Cuba, nor shall Cuba be entitled to receive any quota authorizing the importation of Cuban sugar into the United States or to receive any other benefit under any law of the United States, until the President determines that such government has taken appropriate steps according to international law standards to return to United States citizens, and to entities not less than 50 per centum beneficially owned by United States citizens, or to provide equitable compensation to such citizens and entities for property taken from such citizens and entities on or after January 1, 1959, by the Government of Cuba.
(b) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(c) Indebtedness of foreign country to United States citizen or person
No assistance shall be provided under this chapter to the government of any country which is indebted to any United States citizen or person for goods or services furnished or ordered where (i) such citizen or person has exhausted available legal remedies, which shall include arbitration, or (ii) the debt is not denied or contested by such government, or (iii) such indebtedness arises under an unconditional guaranty of payment given by such government, or any predecessor government, directly or indirectly, through any controlled entity: Provided, That the President does not find such action contrary to the national security.
(d) Productive enterprises competing with United States enterprise; conditions on assistance; import controls; waiver of restriction by President
No assistance shall be furnished on a loan basis under part I of subchapter I of this chapter for construction or operation of any productive enterprise in any country where such enterprise will compete with United States enterprise unless such country has agreed that it will establish appropriate procedures to prevent the exportation for use or consumption in the United States of more than twenty per centum of the annual production of such facility during the life of the loan. In case of failure to implement such agreement by the other contracting party, the President is authorized to establish necessary import controls to effectuate the agreement. The restrictions imposed by or pursuant to this subsection may be waived by the President where he determines that such waiver is in the national security interest.
(e) Nationalization, expropriation or seizure of property of United States citizens, or taxation or other exaction having same effect; failure to compensate or to provide relief from taxes, exactions, or conditions; report on full value of property by Foreign Claims Settlement Commission; act of state doctrine
(1) The President shall suspend assistance to the government of any country to which assistance is provided under this chapter or any other Act when the government of such country or any government agency or subdivision within such country on or after January 1, 1962—
(A) has nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum beneficially owned by United States citizens, or
(B) has taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum beneficially owned by United States citizens, or
(C) has imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned,
and such country, government agency, or government subdivision fails within a reasonable time (not more than six months after such action, or, in the event of a referral to the Foreign Claims Settlement Commission of the United States within such period as provided herein, not more than twenty days after the report of the Commission is received) to take appropriate steps, which may include arbitration, to discharge its obligations under international law toward such citizen or entity, including speedy compensation for such property in convertible foreign exchange, equivalent to the full value thereof, as required by international law, or fails to take steps designed to provide relief from such taxes, exactions, or conditions, as the case may be; and such suspension shall continue until the President is satisfied that appropriate steps are being taken, and provisions of this subsection shall not be waived with respect to any country unless the President determines and certifies that such a waiver is important to the national interests of the United States. Such certification shall be reported immediately to Congress.
Upon request of the President (within seventy days after such action referred to in subparagraphs (A), (B), or (C) of this paragraph, the Foreign Claims Settlement Commission of the United States (established pursuant to Reorganization Plan No. 1 of 1954,
(2) Notwithstanding any other provision of law, no court in the United States shall decline on the ground of the federal act of state doctrine to make a determination on the merits giving effect to the principles of international law in a case in which a claim of title or other rights to property is asserted by any party including a foreign state (or a party claiming through such state) based upon (or traced through) a confiscation or other taking after January 1, 1959, by an act of that state in violation of the principles of international law, including the principles of compensation and the other standards set out in this subsection: Provided, That this subparagraph shall not be applicable (1) in any case in which an act of a foreign state is not contrary to international law or with respect to a claim of title or other right to property acquired pursuant to an irrevocable letter of credit of not more than 180 days duration issued in good faith prior to the time of the confiscation or other taking, or (2) in any case with respect to which the President determines that application of the act of state doctrine is required in that particular case by the foreign policy interests of the United States and a suggestion to this effect is filed on his behalf in that case with the court.
(f) Prohibition against assistance to Communist countries; conditions for waiver of restriction by President; enumeration of Communist countries; removal from application of provisions; preconditions
(1) No assistance shall be furnished under this chapter, (except
Democratic People's Republic of Korea,
People's Republic of China,
Republic of Cuba,
Socialist Republic of Vietnam,
Tibet,1
(2) Notwithstanding the provisions of paragraph (1) of this subsection, the President may remove a country, for such period as the President determines, from the application of this subsection, and other provisions which reference this subsection, if the President determines and reports to the Congress that such action is important to the national interest of the United States. It is the sense of the Congress that when consideration is given to authorizing assistance to a country removed from the application of this subsection, one of the factors to be weighed, among others, is whether the country in question is giving evidence of fostering the establishment of a genuinely democratic system, with respect for internationally recognized human rights.
(g) Use of assistance funds to compensate owners for expropriated or nationalized property; waiver for land reform programs
Notwithstanding any other provision of law, no monetary assistance shall be made available under this chapter to any government or political subdivision or agency of such government which will be used to compensate owners for expropriated or nationalized property and, upon finding by the President that such assistance has been used by any government for such purpose, no further assistance under this chapter shall be furnished to such government until appropriate reimbursement is made to the United States for sums so diverted. This prohibition shall not apply to monetary assistance made available for use by a government (or a political subdivision or agency of a government) to compensate nationals of that country in accordance with a land reform program, if the President determines that monetary assistance for such land reform program will further the national interests of the United States.
(h) Regulations and procedures to insure aid is not used contrary to the best interests of the United States
The President shall adopt regulations and establish procedures to insure that United States foreign aid is not used in a manner which, contrary to the best interests of the United States, promotes or assists the foreign aid projects or activities of any country that is a Communist country for purposes of subsection (f).
(i) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(j) Damage or destruction by mob action of United States property; termination of assistance
The President shall consider terminating assistance under this chapter or any other Act to any country which permits, or fails to take adequate measures to prevent, the damage or destruction by mob action of United States property within such country, and fails to take appropriate measures to prevent a recurrence thereof and to provide adequate compensation for such damage or destruction.
(k) Maximum amount of assistance, including military assistance to individual countries without approval of or presentation to Congress
Without the express approval of Congress, no assistance shall be furnished under this chapter to any country for construction of any productive enterprise with respect to which the aggregate value of assistance to be furnished by the United States will exceed $100,000,000, except that this sentence does not apply with respect to assistance for construction of any productive enterprise in Egypt which is described in the presentation materials to Congress. Except as otherwise provided in
(l) Institution of investment guaranty program
The President shall consider denying assistance under this chapter to the government of any less developed country which, after December 31, 1966, has failed to enter into an agreement with the President to institute the investment guaranty program under section 2194(a)(1) 2 of this title, providing protection against the specific risks of inconvertibility under subparagraph (A), and expropriation or confiscation under subparagraph (B), of such section 2194(a)(1).2
(m) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(n) Repealed. Pub. L. 95–88, title I, §123(b), Aug. 3, 1977, 91 Stat. 541
(o) Exclusion from assistance of countries seizing or imposing penalties or sanctions against United States fishing vessels
In determining whether or not to furnish assistance under this chapter, consideration shall be given to excluding from such assistance any country which hereafter seizes, or imposes any penalty or sanction against, any United States fishing vessel on account of its fishing activities in international waters. The provisions of this subsection shall not be applicable in any case governed by international agreement to which the United States is a party.
(p) Repealed. Pub. L. 93–559, §44, Dec. 30, 1974, 88 Stat. 1813
(q) Defaults in principal or interest payments on loans; meeting obligations under loans; notice to Congressional committees
No assistance shall be furnished under this chapter to any country which is in default, during a period in excess of six calendar months, in payment to the United States of principal or interest on any loan made to such country under this chapter, unless such country meets its obligations under the loan or unless the President determines that assistance to such country is in the national interest and notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate of such determination.
(r) Liability for repayment of principal or interest on loans outstanding after September 19, 1966
No recipient of a loan made under the authority of this chapter, any part of which is outstanding on or after September 19, 1966, shall be relieved of liability for the repayment of any part of the principal of or interest on such loan.
(s) Restraint of arms races and proliferation of sophisticated weapons
(1) In order to restrain arms races and proliferation of sophisticated weapons, and to ensure that resources intended for economic development are not diverted to military purposes, the President shall take into account before furnishing development loans, Alliance loans or supporting assistance to any country under this chapter, and before making sales under the Food for Peace Act, as amended [
(A) the percentage of the recipient or purchasing country's budget which is devoted to military purposes; and
(B) the degree to which the recipient or purchasing country is using its foreign exchange or other resources to acquire military equipment.
(2) Omitted.
(t) Diplomatic relations; severance, resumption, and negotiation of agreements
No assistance shall be furnished under this chapter or any other Act, and no sales shall be made under the Food for Peace Act [
(u) Status of country with respect to obligations to the United Nations; report to Congress
In any decision to provide or continue to provide any program of assistance to any country under this chapter, there shall be taken into account the status of the country with respect to its dues, assessments, and other obligations to the United Nations; and where such country is delinquent with respect to any such obligations for the purposes of the first sentence of Article 19 of the United Nations Charter, the President shall furnish the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives a report setting forth the assurance given by the government of the country concerned of paying all of its arrearages and of placing its payments of such obligations on a current basis, or a full explanation of the unusual or exceptional circumstances which render it economically incapable of giving such assurance.
(v) Repealed. Pub. L. 93–559, §24, Dec. 30, 1974, 88 Stat. 1802
(w) Repealed. Pub. L. 95–424, title V, §502(d)(1), Oct. 6, 1978, 92 Stat. 959
(x) Omitted
(y) Limitation on assistance to countries aiding Cuba nuclear development
(1) Except as provided in paragraph (2), the President shall withhold from amounts made available under this chapter or any other Act and allocated for a country for a fiscal year an amount equal to the aggregate value of nuclear fuel and related assistance and credits provided by that country, or any entity of that country, to Cuba during the preceding fiscal year.
(2) The requirement to withhold assistance for a country for a fiscal year under paragraph (1) shall not apply if Cuba—
(A) has ratified the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty of Tlatelelco, and Cuba is in compliance with the requirements of either such Treaty;
(B) has negotiated and is in compliance with full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and
(C) incorporates and is in compliance with internationally accepted nuclear safety standards.
(3) The Secretary of State shall prepare and submit to the Congress each year a report containing a description of the amount of nuclear fuel and related assistance and credits provided by any country, or any entity of a country, to Cuba during the preceding year, including the terms of each transfer of such fuel, assistance, or credits.
(
Amendment of Section
References in Text
This chapter, referred to in subsecs. (a), (c), (e), (f)(1), (g), (j) to (l), (o), (q) to (t), (u), and (y), was in the original "this Act", except in subsec. (u), where it was "the Foreign Assistance Act of 1961", meaning
Reorganization Plan No. 1 of 1954,
The Food for Peace Act, referred to in subsecs. (s)(1) and (t), is act July 10, 1954, ch. 469,
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
Codification
Subsec. (s)(2) of this section, which required the President to report annually to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on actions taken to carry out this provision, terminated, effective May 15, 2000, pursuant to section 3003 of
Subsec. (x) was omitted pursuant to
Amendments
2008—Subsecs. (s)(1), (t).
1998—Subsec. (y).
1994—Subsec. (f)(1).
1993—Subsec. (h).
1992—Subsec. (f)(1).
1985—Subsec. (f).
Subsec. (g).
1981—Subsec. (b).
Subsec. (f).
Subsec. (i).
Subsec. (k).
Subsec. (m).
Subsec. (s)(1).
1980—Subsec. (k).
1978—Subsec. (d).
Subsec. (l).
Subsec. (w).
1977—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (n).
Subsec. (x)(1).
1976—Subsec. (k).
Subsec. (x)(1).
1975—Subsec. (x).
1974—Subsec. (n).
Subsec. (p).
Subsec. (v).
Subsec. (x).
1973—Subsec. (e)(1).
1972—Subsecs. (v), (w).
1969—Subsec. (s).
Subsec. (v).
1968—Subsec. (v).
1967—Subsec. (j).
Subsec. (k).
Subsec. (n).
Subsecs. (s) to (u).
1966—Subsec. (i).
Subsec. (k).
Subsec. (l).
Subsec. (n).
Subsecs. (p) to (r).
1965—Subsec. (e)(2).
Subsec. (l).
Subsecs. (n), (o).
1964—Subsec. (e).
Subsec. (f).
Subsec. (k).
Subsec. (m).
1963—Subsec. (a).
Subsec. (e).
Subsecs. (i) to (m).
1962—Subsec. (a).
Subsec. (c).
Subsecs. (e) to (h).
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1998 Amendment
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1975 Amendment
Repeals
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
Assistance and Sales to Argentina
Limitations on Assistance, Sales, Credits, and Export Licenses to Chile
"(b) Notwithstanding any other provision of law—
"(1) no assistance may be furnished under
"(2) no sale of defense articles or services may be made under the Arms Export Control Act [
"(3) no credits (including participation in credits) may be extended and no loan may be guaranteed under the Arms Export Control Act [
"(4) no export licenses may be issued under section 38 of the Arms Export Control Act [
unless and until the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a detailed report certifying—
"(A) that the Government of Chile has made significant progress in complying with internationally recognized principles of human rights;
"(B) that the provision of such assistance, articles or services is in the national interest of the United States; and
"(C) that the Government of Chile is not aiding or abetting international terrorism and has taken appropriate steps to cooperate to bring to justice by all legal means available in the United States or Chile those indicted by a United States grand jury in connection with the murders of Orlando Letelier and Ronni Moffitt.
"(c) The prohibition contained in subsection (b) does not prohibit the sale, or the licensing for export, of cartridge actuated devices, propellant actuated devices, components, parts, tools, technical manuals, time compliance to technical orders (TCTOs), or TCTO retrofits for aircraft of the F–5E/F, A/T–37, or C–130E/H type owned by the Chilean Air Force, so long as the items are provided only for purposes of enhancing the safety of the aircraft crew."
Assistance for El Salvador
"(a)
"(b)
"(c)
"(A) after he has consulted with the Secretary General of the United Nations, the Government of El Salvador has declined to participate in good faith in negotiations for a permanent settlement and cease-fire to the armed conflict of El Salvador;
"(B) the Government of El Salvador has rejected or otherwise failed to support an active role for the Secretary General of the United Nations in mediating that settlement;
"(C) the Government of El Salvador has rejected a plan for the settlement of the conflict which—
"(i) has been put forward by the Secretary General of the United Nations in accordance with the terms and procedures in the April 4, 1990 Geneva Communique and the May 21, 1990 Caracas Accord between the Government of El Salvador and the FMLN;
"(ii) includes a proposal for an internationally monitored cease-fire; and
"(iii) has been accepted, within 15 days from its announcement, by the FMLN and is being complied with by the FMLN;
"(D) the Government of El Salvador has failed to conduct a thorough and professional investigation into, and prosecution of those responsible for the eight murders at the University of Central America on November 16, 1989; or
"(E) the military and security forces of El Salvador are assassinating or abducting civilian noncombatants, are engaging in other acts of violence directed at civilian targets, or are failing to control such activities by elements subject to the control of those forces; or
"(F) the Government of El Salvador has failed to actively seek and encourage a law enforcement service from outside El Salvador, such as Scotland Yard or INTERPOL, to accompany and monitor investigators of the Government of El Salvador in their investigation into the eight murders at the University of Central America on November 16, 1989.
"(2)
"(d)
"(2)
"(A) after he has consulted with the Secretary General of the United Nations, the representatives of the FMLN—
"(i) have declined to participate in good faith in negotiations for a permanent settlement and cease-fire to the armed conflict in El Salvador, or
"(ii) have rejected or otherwise failed to support an active role for the Secretary General of the United Nations in mediating that settlement;
"(B) the FMLN has rejected a plan for the settlement of the conflict which—
"(i) has been put forward by the Secretary General of the United Nations in accordance with the terms and procedures in the April 4, 1990 Geneva Communique and the May 21, 1990 Caracas Accord between the Government of El Salvador and the FMLN;
"(ii) includes a proposal for an internationally monitored cease-fire; and
"(iii) has been accepted, within 15 days from its announcement, by the Government of El Salvador and is being complied with by the Government of El Salvador;
"(C) the survival of the constitutional Government of El Salvador is being jeopardized by substantial and sustained offensive military actions or operations by the FMLN;
"(D) proof exists that the FMLN is continuing to acquire or receive significant shipments of lethal military assistance from outside El Salvador, and this proof has been shared with the Congress; or
"(E) the FMLN is assassinating or abducting civilian noncombatants, is engaging in other acts of violence directed at civilian targets, or is failing to control such activities by elements subject to FMLN control.
"(3)
"(e)
"(2)
"(f)
"(2)
"(3)
"(4)
"(g)
"(h)
"(2)
"(3)
"(i) [Repealed.
"(j)
"(1) the term 'United States assistance' has the same meaning as is given to such term by section 481(i)(4) of the Foreign Assistance Act of 1961 (
"(2) the term 'United States military assistance' means—
"(A) assistance to carry out
"(B) assistance to carry out section 23 of the Arms Export Control Act [
[For Presidential determination required by section 531(d) of
Caribbean Development Bank; Assumption of Member Loans
Soviet Military Personnel and Activities in Cuba; Reports to Congress
Cuban Presence in Africa
"(1) the President authorized the exchange of notes of May 30, 1977, between the Governments of the United States and Cuba which established an Interests Section for the United States in the Embassy of Switzerland in Havana and an Interests Section for Cuba in the Embassy of Czechoslovakia in Washington;
"(2) the President has the authority under the Export Administration Act of 1969 [
"(3) the President has the power to sever all diplomatic and economic relations with Cuba; and
"(4) there has been a sharp increase in the number of Cuban military personnel serving in Africa in the past year."
Resumption of Military Assistance to Turkey; Determination and Certification to Congress by President of Military Cooperation as in Best Interests of United States and NATO
Determination and Certification Regarding Resumption of Full Military Cooperation With Turkey
Memorandum of the President of the United States, dated Sept. 26, 1978, provided:
Pursuant to the authority vested in me by Section 13(a) of the International Security Assistance Act of 1978, I hereby determine and certify:
(1) that the resumption of full military cooperation with Turkey is in the national interest of the United States and in the interest of the North Atlantic Treaty Organization; and
(2) that the Government of Turkey is acting in good faith to achieve a just and peaceful settlement of the Cyprus problem, the early peaceable return of refugees to their homes and properties, and continued removal of Turkish military troops from Cyprus in the context of a solution to the Cyprus problem, and the early serious resumption of inter-communal talks aimed at a just, negotiated settlement.
You are requested on my behalf to report this determination and certification to the Congress.
This determination and certification shall be published in the
Jimmy Carter.
Restrictions on Assistance During Fiscal Year 1978 Involving Military or Paramilitary Operations in Zaire
Restrictions on Assistance to India
Restrictions on Military Assistance and Excess Defense Articles to Korea
Repayment of Loans in Default
Restrictions on Assistance to Nations Whose Government Is Based Upon Communism
"(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 [
"(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) [
Similar provisions were contained in the following prior acts:
Restrictions on Assistance to Countries Selling, Furnishing, or Permitting Ships To Carry Certain Items to Cuba or to North Vietnam
"(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 [
"(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:
Restrictions on Assistance to Countries Selling, Furnishing or Permitting Ships To Carry Certain Items to North Vietnam
Similar provisions were contained in the following prior acts:
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
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 (
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 (
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 (
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.
1 So in original. The comma probably should be a period.
2 See References in Text note below.
§2370a. Expropriation of United States property
(a) Prohibition
None of the funds made available to carry out this Act, the Foreign Assistance Act of 1961 [
(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), 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), 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) 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), 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) and an instruction to vote against loans under subsection (b) 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).
(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).
(5) Each project a United States Executive Director voted against as a result of the action described in subsection (b).
(g) Waiver
The President may waive the prohibitions in subsections (a) and (b) 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.
(i) Certain claims for expropriation by the Government of Nicaragua
(1) Any action of the types set forth in subparagraphs (A), (B), and (C) of subsection (a)(1) that was taken by the Government of Nicaragua during the period beginning on January 1, 1956, and ending on January 9, 2002, shall not be considered in implementing the prohibition under subsection (a) unless the action has been presented in accordance with the procedure set forth in paragraph (2).
(2) An action shall be deemed presented for purposes of paragraph (1) if it is—
(A) in writing; and
(B) received by the United States Department of State on or before 120 days after the date specified in paragraph (3) at—
(i) the headquarters of the United States Department of State in Washington, D.C.; or
(ii) the Embassy of the United States of America to Nicaragua.
(3) The date to which paragraph (2) refers is a date after December 8, 2004, that is specified by the Secretary of State, in the Secretary's discretion, in a notice published in the Federal Register.
(
References in Text
This Act, referred to in subsec. (a), is
The Foreign Assistance Act of 1961, as amended, referred to in subsec. (a), is
The Arms Export Control Act, referred to in subsec. (a), is
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.
Amendments
2004—Subsec. (i).
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
The functions under section 407(a) of the Act [
The functions under section 527(e) and (g) of the Act [
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
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.
1 So in original. Probably should be "in".
§2370b. Humanitarian assistance code of conduct
(a) In general
None of the funds made available for foreign operations, export financing, and related programs under the headings "Migration and Refugee Assistance", "United States Emergency Refugee and Migration Assistance Fund", "International Disaster and Famine Assistance", or "Transition Initiatives" may be obligated to an organization that fails to adopt a code of conduct that provides for the protection of beneficiaries of assistance under any such heading from sexual exploitation and abuse in humanitarian relief operations.
(b) Consistency with United Nations principles
The code of conduct referred to in subsection (a) shall, to the maximum extent practicable, be consistent with the six core principles of the United Nations Inter-Agency Standing Committee Task Force on Protection From Sexual Exploitation and Abuse in Humanitarian Crises.
(c) Reports
Not later than 180 days after May 11, 2005, and not later than one year after May 11, 2005, the President shall transmit to the appropriate congressional committees a report on the implementation of this section.
(d) Effective Date
This section shall take effect 60 days after May 11, 2005, and shall apply to funds obligated after such date for fiscal year 2005 and any subsequent fiscal year.
(
Codification
Section was enacted as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Assignment of Functions Relating to the Report to the Congress on Implementation of Humanitarian Assistance Code of Conduct
Memorandum of President of the United States, May 12, 2006, 71 F.R. 30549, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and laws of the United States, including
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
§2370c. Definitions
In
(1) Appropriate congressional committees
The term "appropriate congressional committees" means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives.
(2) Child soldier
Consistent with the provisions of the Optional Protocol to the Convention of the Rights of the Child, the term "child soldier"—
(A) means—
(i) any person under 18 years of age who takes a direct part in hostilities as a member of governmental armed forces, police, or other security forces;
(ii) any person under 18 years of age who has been compulsorily recruited into governmental armed forces, police, or other security forces;
(iii) any person under 15 years of age who has been voluntarily recruited into governmental armed forces, police, or other security forces; or
(iv) any person under 18 years of age who has been recruited or used in hostilities by armed forces distinct from the armed forces of a state; and
(B) includes any person described in clause (ii), (iii), or (iv) of subparagraph (A) who is serving in any capacity, including in a support role such as a cook, porter, messenger, medic, guard, or sex slave.
(
References in Text
Codification
Section was enacted as part of the Child Soldiers Prevention Act of 2008, and also as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
2019—Par. (2)(A)(i) to (iii).
Par. (2)(B).
Effective Date
Findings
"(1) The recruitment or use of children in armed conflict is unacceptable for any government or government-supported entity receiving United States assistance.
"(2) The recruitment or use of children in armed conflict, including direct combat, support roles, and sexual slavery, occurred during 2016 or 2017 in Afghanistan, Iran, Mali, Niger, South Sudan, Sudan, Burma, the Democratic Republic of the Congo, Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen.
"(3) Entities of the Government of Afghanistan, particularly the Afghan Local Police and Afghan National Police, continue to recruit children to serve as combatants or as servants, including as sex slaves.
"(4) Police forces of the Government of Afghanistan participate in counterterrorism operations, direct and indirect combat, security operations, fight alongside regular armies, and are targeted for violence by the Taliban and other opposition groups.
"(5) In February 2016, a 10-year-old boy was assassinated by the Taliban after he had been publicly honored by Afghan local police forces for his assistance in combat operations against the Taliban.
"(6) Recruitment and use of children in armed conflict by government forces has continued in South Sudan with the return to hostilities.
"(7) At least 19,000 children have been recruited since South Sudan's civil war began in 2013."
§2370c–1. Prohibition
(a) In general
Subject to subsections (b) through (f), the authorities contained in
(b) Identification and notification to countries in violation of standards
(1) Publication of list of foreign governments
The Secretary of State shall include a list of the foreign governments that have violated the standards under
(2) Notification
(A) In general
Not later than 45 days after the date on which each report is submitted under
(B) Congressional notification
As soon as practicable after making all of the notifications required under subparagraph (A) with respect to a report, the Secretary of State shall notify the appropriate congressional committees that the requirements of subparagraph (A) have been met.
(c) National interest waiver
(1) Waiver
The President may waive the application to a country of the prohibition in subsection (a) if the President determines that such waiver is in the national interest of the United States and certifies to the appropriate congressional committees that the government of such country is taking effective and continuing steps to address the problem of child soldiers.
(2) Publication and notification
Not later than 45 days after each waiver is granted under paragraph (1), the President shall notify the appropriate congressional committees of the waiver and the justification for granting such waiver.
(d) Reinstatement of assistance
The President may provide to a country assistance otherwise prohibited under subsection (a) upon certifying to the appropriate congressional committees that the government of such country—
(1) has implemented measures that include an action plan and actual steps to come into compliance with the standards outlined in subsection (b); and
(2) has implemented policies and mechanisms to prohibit and prevent future government or government-supported use of child soldiers and to ensure that no children are recruited, conscripted, or otherwise compelled to serve as child soldiers.
(e) Exception for programs directly related to addressing the problem of child soldiers or professionalization of the military
(1) In general
The President may provide assistance under
(A) the government of such country is taking reasonable steps to implement effective measures to demobilize child soldiers in its forces or in government-supported paramilitaries and is taking reasonable steps within the context of its national resources to provide demobilization, rehabilitation, and reintegration assistance to those former child soldiers; and
(B) the assistance provided by the United States Government to the government of such country will go to programs that will directly support professionalization of the military.
(2) Limitation
The exception under paragraph (1) may not remain in effect for a country for more than 5 years.
(f) Exception for peacekeeping operations
The limitation set forth in subsection (a) that relates to
(
References in Text
Codification
Section was enacted as part of the Child Soldiers Prevention Act of 2008, and also as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
2019—Subsec. (a).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (e)(1).
2013—Subsec. (a).
Subsec. (f).
Effective Date
Section effective 180 days after Dec. 23, 2008, see section 407 of
§2370c–2. Reports
(a) Investigation of allegations regarding child soldiers
United States missions abroad shall thoroughly investigate reports of the use of child soldiers.
(b) Information for annual Human Rights Reports
In preparing those portions of the annual Human Rights Report that relate to child soldiers under
(1) trends toward improvement in such country of the status of child soldiers or the continued or increased tolerance of such practices; and
(2) the role of the government of such country in engaging in or tolerating the use of child soldiers.
(c) Annual report to Congress
If a country is notified pursuant to
(1) a list of the countries receiving notification that they are in violation of the standards under
(2) a description and the amount of any assistance withheld under this title pursuant to the application to those countries of the prohibition in
(3) a list of any waivers or exceptions exercised under
(4) justification for any such waivers and exceptions; and
(5) a description and the amount of any assistance provided under
(d) Information to be included in annual trafficking in persons report
If the Secretary of State notifies a country pursuant to
(
References in Text
Codification
Section was enacted as part of the Child Soldiers Prevention Act of 2008, and also as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
2019—Subsec. (c).
Subsec. (c)(2) to (5).
Subsec. (d).
Effective Date
Section effective 180 days after Dec. 23, 2008, see section 407 of
Delegation of Authority
Memorandum of President of the United States, June 14, 2012, 77 F.R. 37551, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
You are authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
§2371. Prohibition on assistance to governments supporting international terrorism
(a) Prohibition
The United States shall not provide any assistance under this chapter, the Food for Peace Act [
(b) Publication of determinations
Each determination of the Secretary of State under subsection (a), 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) 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) 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), 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 [
(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
(
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
The Food for Peace Act, referred to in subsec. (a), is act July 10, 1954, ch. 469,
The Peace Corps Act, referred to in subsec. (a), is
The Export-Import Bank Act of 1945, referred to in subsecs. (a) and (d)(1), is act July 31, 1945, ch. 341,
Amendments
2008—Subsec. (a).
1989—
1985—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
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
Self-Defense in Accordance With International Law
§2372. Repealed. Pub. L. 97–113, title VII, §725(a), Dec. 29, 1981, 95 Stat. 1553
Section,
§2372a. Renewal, reissuance, etc., of export licenses to or for Argentina
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.
(
References in Text
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.
1 See References in Text note below.
§2373. Eastern Mediterranean policy requirements
(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 [
(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 [
(e) Arms sales agreements to prohibit transfer to Cyprus
(1) Except as provided in paragraph (3), 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 [
(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.
(3) The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense article or defense service is the Government of the Republic of Cyprus.
(
References in Text
This chapter, referred to in subsecs. (b)(3) and (d), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsecs. (b)(3) and (d), is
Prior Provisions
Provisions similar to those in subsec. (e) of this section were contained in the following appropriation acts:
Amendments
2019—Subsec. (e)(1).
Subsec. (e)(3).
1987—Subsec. (e).
Delegation of Functions
For delegation of congressional reporting functions of President under subsec. (c) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under
Eastern Mediterranean Security and Energy Partnership
"SEC. 201. SHORT TITLE.
"This title may be cited as the 'Eastern Mediterranean Security and Energy Partnership Act of 2019'.
"SEC. 202. FINDINGS.
"Congress makes the following findings:
"(1) The security of partners and allies in the Eastern Mediterranean region is critical to the security of the United States and Europe.
"(2) Greece is a valuable member of the North Atlantic Treaty Organization (NATO) and a key pillar of stability in the Eastern Mediterranean.
"(3) Israel is a steadfast ally of the United States and has been designated a 'major non-NATO ally' and 'major strategic partner'.
"(4) Cyprus is a key strategic partner and signed a Statement of Intent with the United States on November 6, 2018, to enhance bilateral security cooperation.
"(5) The countries of Greece, Cyprus, and Israel have participated in critical trilateral summits to improve cooperation on energy and security issues.
"(6) Secretary of State Mike Pompeo participated in the trilateral summit among Israel, Greece, and Cyprus on March 20, 2019.
"(7) The United States, Israel, Greece, and Cyprus oppose any action in the Eastern Mediterranean and the Aegean Sea that could challenge stability, violate international law, or undermine good neighborly relations, and in a joint declaration on March 21, 2019, agreed to 'defend against external malign influences in the Eastern Mediterranean and the broader Middle East'.
"(8) The recent discovery of what may be the region's largest natural gas field off the Egyptian coast and the newest discoveries of natural gas off the coast of Cyprus could represent a significant and positive development for the Eastern Mediterranean and the Middle East, enhancing the region's strategic energy significance.
"(9) It is in the national security interest of the United States to promote, achieve, and maintain energy security among, and through cooperation with, allies.
"(10) Natural gas developments in the Eastern Mediterranean have the potential to provide economic gains and contribute to energy security in the region and Europe, as well as support European efforts to diversify away from natural gas supplied by the Russian Federation.
"(11) The soon to be completed Trans Adriatic Pipeline is a critical component of the Southern Gas Corridor and the European Union's efforts to diversify energy resources.
"(12) The proposed Eastern Mediterranean pipeline, if commercially viable, would provide for energy diversification in accordance with the European Union's third energy package of reforms.
"(13) The United States acknowledges the achievements and importance of the Binational Industrial Research and Development Foundation (BIRD) and the United States-Israel Binational Science Foundation (BSF) and supports continued multiyear funding to ensure the continuity of the programs of the Foundations.
"(14) The United States has welcomed Greece's allocation of 2 percent of its gross domestic product (GDP) to defense in accordance with commitments made at the 2014 NATO Summit in Wales.
"(15) Energy exploration in the Eastern Mediterranean region must be safeguarded against threats posed by terrorist and extremist groups, including Hezbollah and any other actor in the region.
"(16) The energy exploration in the Republic of Cyprus's Exclusive Economic Zone and territorial waters—
"(A) furthers United States interests by providing a potential alternative to Russian gas for United States allies and partners; and
"(B) should not be impeded by other sovereign states.
"(17) The United States Government cooperates closely with Cyprus, Greece, and Israel through information sharing agreements.
"(18) United States officials have assisted the Government of the Republic of Cyprus with crafting that nation's national security strategy.
"(19) The United States Government provides training to Cypriot officials in areas such as cybersecurity, counterterrorism, and explosive ordnance disposal and stockpile management.
"(20) Israel, Greece, and Cyprus are valued members of the Proliferation Security Initiative to combat the trafficking of weapons of mass destruction.
"(21) The Republic of Cyprus continues to work closely with the United Nations and regional partners in Europe to combat terrorism and violent extremism.
"(22) Despite robust economic and security relations with the United States, the Republic of Cyprus has been subject to a United States prohibition on the export of defense articles and services since 1987.
"(23) The 1987 arms prohibition was designed to restrict United States arms sales and transfers to the Republic of Cyprus and the occupied part of Cyprus to avoid hindering reunification efforts.
"(24) At least 40,000 Turkish troops are stationed in the occupied part of Cyprus with some weapons procured from the United States through mainland Turkey.
"(25) While the United States has, as a matter of policy, avoided the provision of defense articles and services to the Republic of Cyprus, the Government of Cyprus has, in the past, sought to obtain defense articles from other countries, including countries, such as Russia, that pose challenges to United States interests around the world.
"SEC. 203. STATEMENT OF POLICY.
"It is the policy of the United States—
"(1) to continue to actively participate in the trilateral dialogue on energy, maritime security, cybersecurity and protection of critical infrastructure conducted among Israel, Greece, and Cyprus;
"(2) to support diplomatic efforts with partners and allies to deepen energy security cooperation among Greece, Cyprus, and Israel and to encourage the private sector to make investments in energy infrastructure in the Eastern Mediterranean region;
"(3) to strongly support the completion of the Trans Adriatic and Eastern Mediterranean Pipelines and the establishment of liquified natural gas (LNG) terminals across the Eastern Mediterranean as a means of diversifying regional energy needs away from the Russian Federation;
"(4) to maintain a robust United States naval presence and investments in the naval facility at Souda Bay, Greece and develop deeper security cooperation with Greece to include the recent MQ–9 deployments to the Larissa Air Force Base and United States Army helicopter training in central Greece;
"(5) to welcome Greece's commitment to move forward with the Interconnector Greece-Bulgaria (IGB pipeline) and additional LNG terminals that will help facilitate delivery of non-Russian gas to the Balkans and central Europe;
"(6) to support deepened security cooperation with the Republic of Cyprus through the removal of the arms embargo on the country;
"(7) to support robust International Military Education and Training (IMET) programming with Greece and the Republic of Cyprus;
"(8) to leverage relationships within the European Union to encourage investments in Cypriot border and maritime security;
"(9) to support efforts to counter Russian Federation interference and influence in the Eastern Mediterranean through increased security cooperation with Greece, Cyprus, and Israel, to include intelligence sharing, cyber, and maritime domain awareness;
"(10) to support the Republic of Cyprus' efforts to regulate its banking industry to ensure that it is not used as a source of international money laundering and encourage additional measures toward that end;
"(11) to strongly oppose any actions that would trigger mandatory sanctions pursuant to section 231 of the Countering America's Adversaries Through Sanctions Act (CAATSA) (
"(12) to continue robust official strategic engagement with Israel, Greece, and Cyprus;
"(13) to urge countries in the region to deny port services to Russian Federation vessels deployed to support the government of Bashar Al-Assad in Syria;
"(14) to support joint military exercises among Israel, Greece, and Cyprus;
"(15) to fully implement relevant CAATSA provisions to prevent interference by the Russian Federation in the region;
"(16) to support efforts by countries in the region to demobilize military equipment supplied by the Russian Federation in favor of equipment provided by NATO and NATO-allied member countries; and
"(17) to strongly support the active and robust participation of Israel, Cyprus, and Greece in the Combating Terrorism Fellowship Program.
"SEC. 204. UNITED STATES-EASTERN MEDITERRANEAN ENERGY COOPERATION.
"(a)
"(b)
"(1) actions taken to implement such agreements; and
"(2) any projects undertaken pursuant to such agreements.
"(c)
"SEC. 205. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON THE UNITED STATES MUNITIONS LIST TO THE REPUBLIC OF CYPRUS.
"(a)
"(1) allowing for the export, re-export or transfer of arms subject to the United States Munitions List (part 121 of title 22, Code of Federal Regulations) to the Republic of Cyprus would advance United States security interests in Europe by helping to reduce the dependence of the Government of the Republic of Cyprus on other countries, including countries that pose challenges to United States interests around the world, for defense-related materiel; and
"(2) it is in the interest of the United States to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus.
"(b)
"(c)
"(1)
"(A) the request is made by or on behalf of the Government of the Republic of Cyprus; and
"(B) the end-user of such defense articles or defense services is the Government of the Republic of Cyprus.
"(2)
"(d)
"(1)
"(A) the Government of the Republic of Cyprus is continuing to cooperate with the United States Government in efforts to implement reforms on anti-money laundering regulations and financial regulatory oversight; and
"(B) the Government of the Republic of Cyprus has made and is continuing to take the steps necessary to deny Russian military vessels access to ports for refueling and servicing.
"(2)
"(3)
"(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
"(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
"SEC. 206. IMET COOPERATION WITH GREECE AND THE REPUBLIC OF CYPRUS.
"There is authorized to be appropriated $1,300,000 for fiscal year 2020, $1,500,000 for fiscal year 2021, and $1,800,000 for fiscal year 2022 for International Military Education and Training (IMET) assistance for Greece and $200,000 for fiscal year 2020, $500,000 for fiscal year 2021, and $750,000 for fiscal year 2022 for such assistance for the Republic of Cyprus. The assistance shall be made available for the following purposes:
"(1) Training of future leaders.
"(2) Fostering a better understanding of the United States.
"(3) Establishing a rapport between the United States military and the country's military to build alliances for the future.
"(4) Enhancement of interoperability and capabilities for joint operations.
"(5) Focusing on professional military education.
"(6) Enabling countries to use their national funds to receive a reduced cost for other Department of Defense education and training.
"SEC. 207. FOREIGN MILITARY FINANCING.
"(a)
"(b)
"SEC. 208. STRATEGY ON UNITED STATES SECURITY AND ENERGY COOPERATION IN THE EASTERN MEDITERRANEAN.
"(a)
"(b)
"(1) A description of United States participation in and support for the Eastern Mediterranean Natural Gas Forum.
"(2) An evaluation of all possible delivery mechanisms into Europe for natural gas discoveries in the Eastern Mediterranean region.
"(3) An evaluation of efforts to protect energy exploration infrastructure in the region, including infrastructure owned or operated by United States companies.
"(4) An assessment of the capacity of the Republic of Cyprus to host an Energy Crisis Center in the region which could provide basing facilities in support of search and rescue efforts in the event of an accident.
"(5) An assessment of the timing of potential natural gas delivery in the region as well as an assessment of the ultimate destination countries for the natural gas delivery from the region.
"(6) A plan to work with United States businesses seeking to invest in Eastern Mediterranean energy exploration, development, and cooperation.
"(c)
"SEC. 209. REPORT ON RUSSIAN FEDERATION MALIGN INFLUENCE IN THE EASTERN MEDITERRANEAN.
"(a)
"(b)
"(1) An assessment of security, political, and energy goals of the Russian Federation in the Eastern Mediterranean.
"(2) A description of energy projects of the Government of the Russian Federation in the Eastern Mediterranean.
"(3) A listing of Russian national ownership of media outlets in these countries, including the name of the media outlet, approximate viewership, and assessment of whether the outlet promotes pro-Kremlin views.
"(4) An assessment of military engagement by the Government of the Russian Federation in the security sector, including engagement by military equipment and personnel contractors.
"(5) An assessment of efforts supported by the Government of the Russian Federation to influence elections in the three countries, through the use of cyber attacks, social media campaigns, or other malign influence techniques.
"(6) An assessment of efforts by the Government of the Russian Federation to intimidate and influence the decision by His All Holiness Ecumenical Patriarch Bartholomew, leader of 300,000,000 Orthodox Christians worldwide, to grant autocephaly to the Ukrainian Orthodox Church.
"(c)
"SEC. 210. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE EXCLUSIVE ECONOMIC ZONE OF THE REPUBLIC OF CYPRUS.
"(a)
"(b)
"SEC. 211. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE AIRSPACE OF GREECE.
"(a)
"(b)
"SEC. 212. APPROPRIATE CONGRESSIONAL COMMITTEES.
"In this title, the term 'appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives."
Repeal of Prohibition on Transfer of Articles on the United States Munitions List to the Republic of Cyprus
"(a)
"(1) allowing for the export, re-export or transfer of arms subject to the United States Munitions List (part 121 of title 22, Code of Federal Regulations) to the Republic of Cyprus would advance United States security interests in Europe by helping to reduce the dependence of the Government of the Republic of Cyprus on other countries, including countries that pose challenges to United States interests around the world, for defense-related materiel; and
"(2) it is in the interest of the United States to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus.
"(b)
"(c)
"(1)
"(A) the request is made by or on behalf of the Government of the Republic of Cyprus; and
"(B) the end-user of such defense articles or defense services is the Government of the Republic of Cyprus.
"(2)
"(d)
"(1)
"(A) the Government of the Republic of Cyprus is continuing to cooperate with the United States Government in efforts to implement reforms on anti-money laundering regulations and financial regulatory oversight; and
"(B) the Government of the Republic of Cyprus has made and is continuing to take the steps necessary to deny Russian military vessels access to ports for refueling and servicing.
"(2)
"(3)
"(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
"(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives."
Special Ambassadorial Commission for Cyprus and the Aegean
"(a)
"(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)
"(c)
"(d)
Delegation of Authorities Under the National Defense Authorization Act for Fiscal Year 2020 and the Eastern Mediterranean Security and Energy Partnership Act of 2019
Memorandum of President of the United States, Apr. 14, 2020, 85 F.R. 35797, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
Any reference in this memorandum to either Act shall be deemed to be a reference to such Acts as amended from time to time.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
1 See References in Text note below.
§2374. Repealed. Pub. L. 108–458, title VII, §7104(l), Dec. 17, 2004, 118 Stat. 3788
Section,
§2375. Assistance to Pakistan
(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
(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) 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) 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
(
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
This chapter, referred to in subsec. (e), was in the original "this Act", meaning
Codification
Amendment by
Amendments
1996—Subsec. (e).
Subsecs. (f) to (h).
1994—Subsec. (d).
1993—Subsec. (d).
1992—Subsec. (d).
1991—Subsec. (d).
1990—Subsec. (d).
1989—Subsec. (d).
1987—Subsec. (d).
1985—Subsec. (e).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
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
Strategy for the United States Relationship With Pakistan
"(a)
"(1) A democratic, stable, and prosperous Pakistan that is a full and reliable partner in the struggle against the Taliban, al Qaeda, and other terrorist groups, and is a responsible steward of its nuclear weapons and technology, is vital to the national security of the United States.
"(2) Since September 11, 2001, the Government of Pakistan has been a critical ally and an important partner in removing the Taliban regime in Afghanistan and combating al Qaeda.
"(3) Pakistan has made great sacrifices in the shared struggle against al Qaeda-affiliated terrorist groups, engaging in military operations that have led to the deaths of hundreds of Pakistani security personnel and enduring acts of terrorism that have killed hundreds of Pakistani civilians.
"(4) Publicly-stated goals of the Government of Pakistan and the national interests of the United States are in close agreement in many areas, including—
"(A) curbing the proliferation of nuclear weapons technology;
"(B) combating poverty and corruption;
"(C) enabling effective government institutions, including public education;
"(D) promoting democracy and the rule of law, particularly at the national level;
"(E) addressing the continued presence of Taliban and other violent extremist forces throughout the country;
"(F) maintaining the authority of the Government of Pakistan in all parts of its national territory;
"(G) securing the borders of Pakistan to prevent the movement of militants and terrorists into other countries and territories; and
"(H) effectively dealing with violent extremism.
"(5) The opportunity exists for shared effort in helping to achieve correlative goals with the Government of Pakistan, particularly—
"(A) increased United States assistance to Pakistan, as appropriate, to achieve progress in meeting the goals of subparagraphs (A) through (C) of paragraph (4);
"(B) increased commitment on the part of the Government of Pakistan to achieve the goals of paragraph (4)(D), particularly given continued concerns, based on the conduct of previous elections, regarding whether parliamentary elections scheduled for 2007 will be free, fair, and inclusive of all political parties and carried out in full accordance with internationally-recognized democratic norms; and
"(C) increased commitment on the part of the Government of Pakistan to take actions described in paragraph (4)(E), particularly given—
"(i) the continued operation of the Taliban's Quetta shura, as noted by then-North Atlantic Treaty Organization Supreme Allied Commander General James Jones in testimony before the Senate Foreign Relations Committee on September 21, 2006; and
"(ii) the continued operation of al Qaeda affiliates Lashkar-e Taiba and Jaish-e Muhammad, sometimes under different names, as demonstrated by the lack of meaningful action taken against Hafiz Muhammad Saeed, Maulana Masood Azhar, and other known leaders and members of such terrorist organizations; and
"(D) increased commitment on the part of the Government of the United States in regard to working with all elements of Pakistan [sic] society in helping to achieve the correlative goals described in subparagraphs (A) through (H) of paragraph (4).
"(b)
"(1) To maintain and deepen its friendship and long-term strategic relationship with Pakistan.
"(2) To work with the Government of Pakistan to combat international terrorism, especially in the frontier provinces of Pakistan, and to end the use of Pakistan as a safe haven for terrorist groups, including those associated with al Qaeda or the Taliban.
"(3) To support robust funding for programs of the United States Agency for International Development and the Department of State that assist the Government of Pakistan in working toward the goals described in subsection (a)(4), as the Government of Pakistan demonstrates a clear commitment to building a moderate, democratic state.
"(4) To work with the international community to secure additional financial and political support to effectively implement the policies set forth in this subsection.
"(5) To facilitate a just resolution of the dispute over the territory of Kashmir, to the extent that such facilitation is invited and welcomed by the Governments of Pakistan and India and by the people of Kashmir.
"(6) To facilitate greater communication and cooperation between the Governments of Afghanistan and Pakistan for the improvement of bilateral relations and cooperation in combating terrorism in both countries.
"(7) To work with the Government of Pakistan to dismantle existing proliferation networks and prevent the proliferation of nuclear technology.
"(c)
"(1)
"(2)
"(d)
"(1)
"(A) is committed to eliminating from Pakistani territory any organization such as the Taliban, al Qaeda, or any successor, engaged in military, insurgent, or terrorist activities in Afghanistan;
"(B) is undertaking a comprehensive military, legal, economic, and political campaign to achieving the goal described in subparagraph (A); and
"(C) is currently making demonstrated, significant, and sustained progress toward eliminating support or safe haven for terrorists.
"(2)
"(3)
"(e)
"(1)
"(2)
"(f)
"(1)
"(2)
"(3)
"(A) preventing al Qaeda and other terrorist organizations from operating in the territory of Pakistan, including eliminating terrorist training camps or facilities, arresting members and leaders of terrorist organizations, and countering recruitment efforts;
"(B) preventing the Taliban from using the territory of Pakistan as a sanctuary from which to launch attacks within Afghanistan, including by arresting Taliban leaders, stopping cross-border incursions, and countering recruitment efforts; and
"(C) implementing democratic reforms, including allowing free, fair, and inclusive elections at all levels of government in accordance with internationally-recognized democratic norms, and respecting the independence of the press and judiciary.
"(4)
"(A)
"(B)
"(C)
[For definition of "appropriate congressional committees" as used in section 2042(a)–(f) of
[Functions of President under section 2042(c)(1), (d) of
Nuclear Non-Proliferation Conditions on Assistance for Pakistan
Determination of 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") (
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 President of the United States, No. 90–1, Oct. 5, 1989, 54 F.R. 43797.
Determination of President of the United States, No. 89–7, Nov. 18, 1988, 53 F.R. 49111.
Determination of President of the United States, No. 88–5, Jan. 15, 1988, 53 F.R. 3325.
Determination of President of the United States, No. 88–4, Dec. 17, 1987, 53 F.R. 773.
Determination of President of the United States, No. 87–3, Oct. 27, 1986, 51 F.R. 40301.
Determination of President of the United States, No. 86–03, Nov. 25, 1985, 50 F.R. 50273.
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
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
§2376. Nuclear non-proliferation policy in South Asia
(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.
(
Amendments
2014—Subsec. (c).
1998—Subsec. (c).
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
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, delegated to the Secretary of State the reporting functions vested in the President by former subsec. (c) of this section.
§2377. Prohibition on assistance to countries that aid terrorist states
(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
(b) Waiver
Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) 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.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Prior Provisions
Another section 620G of
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
Congressional Findings
"(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."
"Assistance" Defined
Assistance defined for purposes of title III of
§2378. Prohibition on assistance to countries that provide military equipment to terrorist states
(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 4605(j) 1 of title 50, 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) 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.
(
References in Text
This chapter, referred to in subsec. (a)(1), was in the original "this Act", meaning
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
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
"Assistance" Defined
Assistance defined for purposes of title III of
1 See References in Text note below.
§2378–1. Prohibition on assistance to countries that restrict United States humanitarian assistance
(a) In general
No assistance shall be furnished under this chapter or the Arms Export Control Act [
(b) Exception
Assistance may be furnished without regard to the restriction in subsection (a) 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), 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.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a), is
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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
§2378a. Depleted uranium ammunition
(a) Prohibition
Except as provided in subsection (b), 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
(3) Taiwan.
(b) Exception
The prohibition contained in subsection (a) 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.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Codification
Another section 620J of
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
§2378b. Limitation on assistance to the Palestinian Authority
(a) Limitation
Assistance may be provided under this chapter to the Hamas-controlled Palestinian Authority only during a period for which a certification described in subsection (b) is in effect.
(b) Certification
A certification described in subsection (a) is a certification transmitted by the President to Congress that contains a determination of the President that—
(1) no ministry, agency, or instrumentality of the Palestinian Authority is effectively controlled by Hamas, unless the Hamas-controlled Palestinian Authority has—
(A) publicly acknowledged the Jewish state of Israel's right to exist; and
(B) committed itself and is adhering to all previous agreements and understandings with the United States Government, with the Government of Israel, and with the international community, including agreements and understandings pursuant to the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict (commonly referred to as the "Roadmap"); and
(2) the Hamas-controlled Palestinian Authority has made demonstrable progress toward—
(A) completing the process of purging from its security services individuals with ties to terrorism;
(B) dismantling all terrorist infrastructure within its jurisdiction, confiscating unauthorized weapons, arresting and bringing terrorists to justice, destroying unauthorized arms factories, thwarting and preempting terrorist attacks, and fully cooperating with Israel's security services;
(C) halting all anti-American and anti-Israel incitement in Palestinian Authority-controlled electronic and print media and in schools, mosques, and other institutions it controls, and replacing educational materials, including textbooks, with materials that promote peace, tolerance, and coexistence with Israel;
(D) ensuring democracy, the rule of law, and an independent judiciary, and adopting other reforms such as ensuring transparent and accountable governance; and
(E) ensuring the financial transparency and accountability of all government ministries and operations.
(c) Recertifications
Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (b), and every six months thereafter—
(1) the President shall transmit to Congress a recertification that the conditions described in subsection (b) are continuing to be met; or
(2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor.
(d) Congressional notification
Assistance made available under this chapter to the Palestinian Authority may not be provided until 15 days after the date on which the President has provided notice thereof to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under
(e) National security waiver
(1) In general
Subject to paragraph (2), the President may waive subsection (a) with respect to—
(A) the administrative and personal security costs of the Office of the President of the Palestinian Authority;
(B) the activities of the President of the Palestinian Authority to fulfill his or her duties as President, including to maintain control of the management and security of border crossings, to foster the Middle East peace process, and to promote democracy and the rule of law; and
(C) assistance for the judiciary branch of the Palestinian Authority and other entities.
(2) Certification
The President may only exercise the waiver authority under paragraph (1) after—
(A) consulting with, and submitting a written policy justification to, the appropriate congressional committees; and
(B) certifying to the appropriate congressional committees that—
(i) it is in the national security interest of the United States to provide assistance otherwise prohibited under subsection (a); and
(ii) the individual or entity for which assistance is proposed to be provided is not a member of, or effectively controlled by (as the case may be), Hamas or any other foreign terrorist organization.
(3) Report
Not later than 10 days after exercising the waiver authority under paragraph (1), the President shall submit to the appropriate congressional committees a report describing how the funds provided pursuant to such waiver will be spent and detailing the accounting procedures that are in place to ensure proper oversight and accountability.
(4) Treatment of certification as notification of program change
For purposes of this subsection, the certification required under paragraph (2)(B) shall be deemed to be a notification under
(f) Definitions
In this section:
(1) 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.
(2) Foreign terrorist organization
The term "foreign terrorist organization" means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with
(3) Palestinian Authority
The term "Palestinian Authority" means the interim Palestinian administrative organization that governs part of the West Bank and all of the Gaza Strip (or any successor Palestinian governing entity), including the Palestinian Legislative Council.
(
References in Text
This chapter, referred to in subsecs. (a) and (d), was in the original "this Act", meaning
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Palestinian Anti-Terrorism Act of 2006
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Palestinian Anti-Terrorism Act of 2006'.
"SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
"(a)
"(1) to support a peaceful, two-state solution to end the conflict between Israel and the Palestinians in accordance with the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict (commonly referred to as the 'Roadmap');
"(2) to oppose those organizations, individuals, and countries that support terrorism and violently reject a two-state solution to end the Israeli-Palestinian conflict;
"(3) to promote the rule of law, democracy, the cessation of terrorism and incitement, and good governance in institutions and territories controlled by the Palestinian Authority; and
"(4) to urge members of the international community to avoid contact with and refrain from supporting the terrorist organization Hamas until it agrees to recognize Israel, renounce violence, disarm, and accept prior agreements, including the Roadmap.
"(b)
"(1) [Amended
"(2) [Enacted this section.]
"(c)
"SEC. 3. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"SEC. 4. DESIGNATION OF TERRITORY CONTROLLED BY THE PALESTINIAN AUTHORITY AS TERRORIST SANCTUARY.
"It is the sense of Congress that, during any period for which a certification described in section 620K(b) of the Foreign Assistance Act of 1961 [
"SEC. 5. DENIAL OF VISAS FOR OFFICIALS OF THE PALESTINIAN AUTHORITY.
"(a)
"(b)
"(1) the President of the Palestinian Authority and his or her personal representatives, provided that the President and his or her personal representatives are not affiliated with Hamas or any other foreign terrorist organization; and
"(2) members of the Palestinian Legislative Council who are not members of Hamas or any other foreign terrorist organization.
"SEC. 6. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF THE PALESTINIAN AUTHORITY AND THE PALESTINE LIBERATION ORGANIZATION STATIONED AT THE UNITED NATIONS IN NEW YORK CITY.
"(a)
"(b)
"SEC. 7. PROHIBITION ON PALESTINIAN AUTHORITY REPRESENTATION IN THE UNITED STATES.
"(a)
"(b)
"(1)
"(2)
"(c)
"SEC. 8. INTERNATIONAL FINANCIAL INSTITUTIONS.
"(a)
"(b)
"(1) Assistance to meet food, water, medicine, or sanitation needs, or other assistance to meet basic human needs.
"(2) Assistance to promote democracy, human rights, freedom of the press, non-violence, reconciliation, and peaceful coexistence, provided that such assistance does not directly benefit Hamas or other foreign terrorist organizations.
"(c)
"SEC. 9. DIPLOMATIC CONTACTS WITH PALESTINIAN TERROR ORGANIZATIONS.
"No funds authorized or available to the Department of State may be used for or by any officer or employee of the United States Government to negotiate with members or official representatives of Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, al-Aqsa Martyrs Brigade, or any other Palestinian terrorist organization (except in emergency or humanitarian situations), unless and until such organization—
"(1) recognizes Israel's right to exist;
"(2) renounces the use of terrorism;
"(3) dismantles the infrastructure in areas within its jurisdiction necessary to carry out terrorist acts, including the disarming of militias and the elimination of all instruments of terror; and
"(4) recognizes and accepts all previous agreements and understandings between the State of Israel and the Palestinian Authority.
"SEC. 10. ISRAELI–PALESTINIAN PEACE, RECONCILIATION AND DEMOCRACY FUND.
"(a)
"(b)
"SEC. 11. REPORTING REQUIREMENT.
"Not later than 90 days after the date of the enactment of this Act [Dec. 21, 2006], and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that—
"(1) describes the steps that have been taken by the United States Government to ensure that other countries and international organizations, including multilateral development banks, do not provide direct assistance to the Palestinian Authority for any period for which a certification described in section 620K(b) of the Foreign Assistance Act of 1961 [
"(2) identifies any countries and international organizations, including multilateral development banks, that are providing direct assistance to the Palestinian Authority during such a period, and describes the nature and amount of such assistance.
"SEC. 12. DEFINITIONS.
"In this Act:
"(1)
"(A) the Committee on International Relations [now Committee on Foreign Affairs] 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.
"(2)
Assistance for the West Bank and Gaza
Determination of President of the United States, No. 2007–20, June 1, 2007, 72 F.R. 34973, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 550(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (FOAA)(
With respect to the provision of assistance for the administrative and personal security costs of the Office of the President of the Palestinian Authority; for the activities of the President of the Palestinian Authority to promote democracy, peaceful resolution of the Israeli-Palestinian conflict, and the rule of law and to fulfill his duties as President, including, among other things, to maintain control of the management and security of border crossings and to foster the Middle East peace process; and, with respect to independent agencies:
• it is in the national security interest of the United States to provide such assistance;
• as the case may be, the President of the Palestinian Authority, the President's party, and independent agencies and any members thereof, including any individual or entity for which assistance is proposed to be provided, are not members of, appointed by, or effectively controlled by Hamas or any other foreign terrorist organization; and
• such assistance provided hereunder will not be transferred or retransferred to any member of Hamas or other foreign terrorist organization or to any entity effectively controlled by Hamas or other foreign terrorist organization.
Accordingly, I hereby waive section 550(a) of the FOAA, as amended, and section 620K(a) of the Foreign Assistance Act, as amended, with respect to such assistance, and authorize such assistance for the above purposes.
Furthermore, I hereby determine that, with respect to assistance to nongovernmental organizations for the West Bank and Gaza other than assistance covered by paragraphs (b)(1), (2), and (3) of section 620L of the Foreign Assistance Act, as amended, it is in the national security interest of the United States to provide such assistance as the Secretary of State deems appropriate, and assign to the Secretary of State the functions under section 620L(b)(4)(B) regarding the specific programs, projects, and activities to be carried out using such assistance.
I also hereby assign the functions of the President under section 550(b) and (c) of the FOAA, as amended and as carried forward under the Revised Continuing Appropriations Resolution, 2007 (
You are hereby authorized and directed to report this determination to the Congress and publish it in the Federal Register.
George W. Bush.
§2378c. Limitation on assistance for the West Bank and Gaza
(a) Limitation
Assistance may be provided under this chapter to nongovernmental organizations for the West Bank and Gaza only during a period for which a certification described in
(b) Exceptions
Subsection (a) shall not apply with respect to the following:
(1) Assistance to meet basic human needs
Assistance to meet food, water, medicine, health, or sanitation needs, or other assistance to meet basic human needs.
(2) Assistance to promote democracy
Assistance to promote democracy, human rights, freedom of the press, non-violence, reconciliation, and peaceful coexistence, provided that such assistance does not directly benefit Hamas or any other foreign terrorist organization.
(3) Assistance for individual members of the Palestinian Legislative Council
Assistance, other than funding of salaries or salary supplements, to individual members of the Palestinian Legislative Council who the President determines are not members of Hamas or any other foreign terrorist organization, for the purposes of facilitating the attendance of such members in programs for the development of institutions of democratic governance, including enhancing the transparent and accountable operations of such institutions, and providing support for the Middle East peace process.
(4) Other types of assistance
Any other type of assistance if the President—
(A) determines that the provision of such assistance is in the national security interest of the United States; and
(B) not less than 30 days prior to the obligation of amounts for the provision of such assistance—
(i) consults with the appropriate congressional committees regarding the specific programs, projects, and activities to be carried out using such assistance; and
(ii) submits to the appropriate congressional committees a written memorandum that contains the determination of the President under subparagraph (A).
(c) Marking requirement
Assistance provided under this chapter to nongovernmental organizations for the West Bank and Gaza shall be marked as assistance from the American people or the United States Government unless the Secretary of State or, as appropriate, the Administrator of the United States Agency for International Development, determines that such marking will endanger the lives or safety of persons delivering such assistance or would have an adverse effect on the implementation of that assistance.
(d) Congressional notification
Assistance made available under this chapter to nongovernmental organizations for the West Bank and Gaza may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under
(e) Definitions
In this section:
(1) Appropriate congressional committees
the 1 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.
(2) Foreign terrorist organization
The term "foreign terrorist organization" means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with
(
References in Text
This chapter, referred to in subsecs. (a), (c), and (d), was in the original "this Act", meaning
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Delegation of Functions
Functions of President under subsec. (b)(4)(B) of this section delegated to Secretary of State by Determination of President of the United States, No. 2007–20, June 1, 2007, 72 F.R. 34973, set out as a note under
1 So in original. Probably should be capitalized.
§2378c–1. Limitation on assistance to the West Bank and Gaza
(a) Limitation
(1) In general
Funds authorized to be appropriated or otherwise made available for assistance under
(A) are taking credible steps to end acts of violence against Israeli citizens and United States citizens that are perpetrated or materially assisted by individuals under their jurisdictional control, such as the March 2016 attack that killed former United States Army officer Taylor Force, a veteran of the wars in Iraq and Afghanistan;
(B) have terminated payments for acts of terrorism against Israeli citizens and United States citizens to any individual, after being fairly tried, who has been imprisoned for such acts of terrorism and to any individual who died committing such acts of terrorism, including to a family member of such individuals;
(C) have revoked any law, decree, regulation, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or period of incarceration of an individual imprisoned for an act of terrorism to determine the level of compensation paid, or have taken comparable action that has the effect of invalidating any such law, decree, regulation, or document; and
(D) are publicly condemning such acts of violence and are taking steps to investigate or are cooperating in investigations of such acts to bring the perpetrators to justice.
(2) Additional certification requirement
The Secretary of State shall include in the certification required under paragraph (1) the definition of "acts of terrorism" that the Secretary used for purposes of making the determination in subparagraph (B) of such paragraph.
(b) Exception
(1) In general
Subject to paragraph (2), the limitation on assistance under subsection (a) shall not apply to—
(A) payments made to the East Jerusalem Hospital Network;
(B) assistance for wastewater projects not exceeding $5,000,000 in any one fiscal year; and
(C) assistance for any other program, project, or activity that provides vaccinations to children not exceeding $500,000 in any one fiscal year.
(2) Notification
The Secretary of State shall notify in writing the appropriate congressional committees not later than 15 days prior to making funds available for assistance under subparagraph (A), (B), or (C) of paragraph (1).
(c) Rule of construction
Funds withheld pursuant to this section—
(1) shall be deemed to satisfy any similar withholding or reduction required under any other provision of law relating to the Palestinian Authority's payments for acts of terrorism; and
(2) shall be in an amount that is not less than the total amount required by such other provision of law.
(d) Initial use and disposition of withheld funds
(1) Period of availability
Funds withheld pursuant to this section are authorized to remain available for an additional 2 years from the date on which the availability of such funds would otherwise have expired.
(2) Use of funds
Funds withheld pursuant to this section may be made available for assistance for the West Bank and Gaza that directly benefits the Palestinian Authority upon a certification by the Secretary of State that the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations have met the conditions set forth in subsection (a). Except as provided in paragraph (3), such funds may not be made available for any purpose other than for assistance for the West Bank and Gaza that directly benefits the Palestinian Authority.
(3) Disposition of unused funds
Beginning on the date that is 180 days after the last day on which the initial availability of funds withheld pursuant to this section would otherwise have expired, such funds are authorized to be made available to the Department of State for assistance under
(A) 50 percent for purposes of assistance other than that deemed benefiting the Palestinian Authority; and
(B) 50 percent for purposes other than assistance for the West Bank and Gaza.
(e) Report
(1) In general
If the Secretary of State is unable to certify in writing to the appropriate congressional committees that the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations have met the conditions described in subsection (a), the Secretary shall, not later than 15 days after the date on which the Secretary is unable to make such certification, submit to the appropriate congressional committees a report that contains the following:
(A) The reasons why the Secretary was unable to certify in writing that such organizations have met such requirements.
(B) The definition of "acts of terrorism" that the Secretary used for purposes of making the determination in subparagraph (B) of subsection (a)(1).
(C) The total amount of funds to be withheld.
(2) Form
The report required by this subsection shall be submitted in unclassified form but may include a classified annex.
(f) List of criteria
(1) In general
Not later than 15 days after March 23, 2018, the Secretary of State shall submit to the appropriate congressional committees a list of the criteria that the Secretary uses to determine whether assistance for the West Bank and Gaza is assistance that directly benefits the Palestinian Authority for purposes of carrying out this section.
(2) Update
The Secretary of State shall submit to the appropriate congressional committees an updated list under paragraph (1) not later than 15 days after the date on which the Secretary makes any modification to the list.
(
References in Text
The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1) and (d)(3), is
Codification
Section was enacted as part of the Taylor Force Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Findings
"(1) The Palestinian Authority's practice of paying salaries to terrorists serving in Israeli prisons, as well as to the families of deceased terrorists, is an incentive to commit acts of terror.
"(2) The United States does not provide direct budgetary support to the Palestinian Authority. The United States does pay certain debts held by the Palestinian Authority and funds programs for which the Palestinian Authority would otherwise be responsible.
"(3) The United States Government supports community-based programs in the West Bank and Gaza that provide for basic human needs, such as food, water, health, shelter, protection, education, and livelihoods, and that promote peace and development.
"(4) Since fiscal year 2015, annual appropriations legislation has mandated the reduction of Economic Support Fund aid for the Palestinian Authority as a result of their payments for acts of terrorism including, in fiscal year 2017, a reduction 'by an amount the Secretary determines is equivalent to the amount expended by the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations with such entities as payments for acts of terrorism by individuals who are imprisoned after being fairly tried and convicted for acts of terrorism and by individuals who died committing acts of terrorism during the previous calendar year'."
Appropriate Congressional Committees Defined
"(1) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and
"(2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate."
§2378d. Limitation on assistance to security forces
(a) In general
No assistance shall be furnished under this chapter or the Arms Export Control Act [
(b) Exception
The prohibition in subsection (a) shall not apply if the Secretary determines and reports to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations that the government of such country is taking effective steps to bring the responsible members of the security forces unit to justice.
(c) Duty to inform
In the event that funds are withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice.
(d) Credible information
The Secretary shall establish, and periodically update, procedures to—
(1) ensure that for each country the Department of State has a current list of all security force units receiving United States training, equipment, or other types of assistance;
(2) facilitate receipt by the Department of State and United States embassies of information from individuals and organizations outside the United States Government about gross violations of human rights by security force units;
(3) routinely request and obtain such information from the Department of Defense, the Central Intelligence Agency, and other United States Government sources;
(4) ensure that such information is evaluated and preserved;
(5) ensure that when an individual is designated to receive United States training, equipment, or other types of assistance the individual's unit is vetted as well as the individual;
(6) seek to identify the unit involved when credible information of a gross violation exists but the identity of the unit is lacking; and
(7) make publicly available, to the maximum extent practicable, the identity of those units for which no assistance shall be furnished pursuant to subsection (a).
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a), is
Amendments
2014—Subsec. (d)(5).
2011—Subsec. (a).
Subsec. (b).
Subsec. (d).
Part II—Administrative Provisions
§2381. Exercise of functions
(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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1968—
1963—
1962—
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.
AID Office of Security
"(a)
"(b)
"(c)
Agency for International Development Budget Submission
REORGANIZATION PLAN NO. 2 OF 1979
Reorganization Plan No. 2 of 1979, 44 F.R. 41165,
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, §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, formerly set out as a note under
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, §§1–6, Dec. 14, 1990, 55 F.R. 52033; Ex. Ord. No. 13030, §1, Dec. 12, 1996, 61 F.R. 66187; Ex. Ord. No. 13091, §2, June 29, 1998, 63 F.R. 36153;
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
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 [
(1) the Foreign Assistance Act of 1961 (
(i) except that with respect to section 505(a) of the Act [
(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") [
(3) section 8(d) of the Act of January 12, 1971 (
(4) section 607 of the International Security Assistance and Arms Export Control Act of 1976 (
(5)
(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
(7) section 572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (
(8) sections 508, 517 [
(9) section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in
(10) section 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in
(11) section 591 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (
(12) section 821(b) of the Western Hemisphere Drug Elimination Act (as contained in
(13) title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (
(14) section 512 of Division D of the Consolidated Appropriations Act, 2004 (
(15) sections 5(c) and 6 of the Anglo-Irish Agreement Support Act of 1986 (
(16) the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (
(b) The functions under section 653 of the Act [
(c) The functions under sections 239(f), 620(e), 620(g), 620(j), 620(q), and 620(s) of the Act [former
(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 [
(b) The United States Agency for International Development shall be headed by an Administrator appointed pursuant to section 624(a) of the Act [
(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 [
(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 [
(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 [
(c) Those functions under section 634A of the Act [
(d) The functions under sections 627, 628, and 630(3) of the Act [
(e) the functions under section 655 of the Act [
(f) Those functions conferred upon the President under section 616 of the ISDCA of 1985 [
(g) The functions conferred upon the President under section 573 [
(h) The functions conferred upon the President under section 3 of the International Narcotics Control Act of 1989 (
1–302. Reports and Information. In carrying out the functions under section 514 of the Act [
1–4. Institute for Scientific and Technological Cooperation
[Revoked by Ex. Ord. No. 13118, §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 [
(2) the second sentence of section 612(a) of the Act [
(3) section 502 of the Mutual Security Act of 1954 (
(4) section 655(c) of the Act [former
(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
(c) The functions under section 305 of the Act [
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 [
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 [
[1–504. Revoked by Ex. Ord. No. 13118, §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 [
[1–506. Revoked by Ex. Ord. No. 13118, §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 [
(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 [
(b) Persons appointed, employed, or assigned after May 19, 1959, under section 527(c) of the Mutual Security Act of 1954 [former
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 (
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
1–605. 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 [
(b) The functions conferred upon the President by the Act [this chapter] and section 408(b) of the Mutual Security Act of 1954 [
(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 [
[(d) Redesignated (c).]
(e) The following-described functions conferred upon the President:
(1) Those under section 503(a) [
(2) Those under section 505(b) [
(3) That under section 614(b) [
(4) That under the second sentence of section 654(c) [
(f) That under section 523(d) of the Mutual Security Act of 1954 (
(g) Those under sections 130 [
(h) Those functions conferred by section 1(f)(1) and section 1(f)(2)(B)(ii)(VII) [now IX] of the State Department Basic Authorities Act of 1956, as amended (
(i) Those functions conferred by section 202(d)(4)(C)(i) and (ii) of the HIV/AIDS Act, as amended [
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 [
(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 [
(c) There are allocated to the Secretary of the Treasury all funds made available for carrying out section 129 of the Act [
(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,
(b) References in any prior Executive order to the Mutual Security Act of 1954 [act Aug. 26, 1954, ch. 937,
(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 [
(2) section 2(a) of Executive Order No. 11579 [former
(3) Executive Order No. 10893 [
(b) The following are amended:
(1) section 3(a) of Executive Order No. 11846 of March 27, 1975, as amended [
"(12) The Director of the United States International Development Cooperation Agency";
(2) section 1–202 of [former] Executive Order 12065 of June 28, 1978, 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 [
(4) section 3 of Executive Order 10900 of January 5, 1961 [
"(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 [
(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, §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.
1–906. Implementation. In carrying out this order, officers of the United States shall ensure that all actions taken by them are consistent with the President's constitutional authority to: (a) conduct the foreign affairs of the United States; (b) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties; (c) recommend for congressional consideration such measures as the President may judge necessary and expedient; and (d) supervise the unitary executive branch.
[
§2381a. Strengthened management practices
(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.
(
Amendments
1978—Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
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
§2382. Coordination with foreign policy
(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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1976—Subsec. (b).
Subsec. (c).
1968—Subsec. (b).
Subsec. (c).
1966—Subsec. (b).
Subsec. (c).
1965—Subsec. (b).
Subsec. (c).
Effective Date of 1968 Amendment
Amendment by
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
Ex. Ord. No. 10338. Coordination Procedures
Ex. Ord. No. 10338, Apr. 4, 1952, 17 F.R. 3009, provided:
(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.
(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.
(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, §1–903(a)(3), Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set out as a note under
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
§2383. Responsibilities of the Secretary of Defense; priorities in procurement, delivery, and allocation of military equipment
(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.
(
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
Amendments
1976—Subsec. (a)(4).
Subsec. (a)(6).
§2384. Statutory officers
(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
(d) Repealed. Pub. L. 95–88, title I, §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.
(
References in Text
Section 642(a), referred to in subsec. (c), means section 642(a) of
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
Amendments
1994—Subsec. (f).
1983—Subsec. (f)(2)(C).
1981—Subsec. (g).
1980—Subsec. (g).
1978—Subsec. (g).
1977—Subsec. (d).
Subsec. (f)(1).
Subsec. (f)(2).
1976—Subsec. (f).
1972—Subsec. (e).
1969—Subsec. (d)(2)(A).
Subsec. (d)(5), (7).
1967—Subsec. (d)(2)(B).
1966—Subsec. (d)(8).
1965—Subsec. (b).
Subsec. (d)(2)(A), (5), (7).
1964—Subsec. (a).
Subsec. (d)(1).
1963—Subsecs. (a)(2), (3).
Subsec. (b).
Subsec. (d)(1).
1962—Subsecs. (d), (e).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1977 Amendment
Effective Date of 1964 Amendment
Amendment by
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
Assistant Administrator for Management
Assumption of Duties by Coordinator for Human Rights and Humanitarian Affairs
Report to Speaker of the House and Congressional Committees on Office of Assistant Secretary for Human Rights and Humanitarian Affairs
Assignment of Duties and Responsibilities to Inspector General, Foreign Service
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
§2385. Employment of personnel
(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
(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
(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 [
(e) Repealed. Pub. L. 96–465, title II, §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, §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.
(j) Reemployment of annuitants under the Civil Service Retirement System and the Federal Employees' Retirement System
(1)(A) To facilitate the assignment of persons to Iraq, Pakistan, and Afghanistan or to posts vacated by members of the Service assigned to Iraq, Pakistan, and Afghanistan, the Administrator of the United States Agency for International Development may waive the application of the provisions of
(B) The authority of the Administrator under subparagraph (A) shall terminate on October 1, 2010.1 An annuitant reemployed pursuant to such authority prior to such termination date may be employed for a period ending not later than one year after such date.
(2) The Administrator should prescribe procedures for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for a delegation of authority.
(3) An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of
(
References in Text
This chapter, referred to in subsecs. (a), (d), (f), (h), and (i), was in the original "this Act", meaning
The Foreign Service Act of 1980, referred to in subsec. (d), is
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
Amendments
2009—Subsec. (j)(1)(A).
Subsec. (j)(1)(B).
2006—Subsec. (j).
1981—Subsec. (d).
1980—Subsec. (d).
Subsec. (e).
Subsec. (g).
Subsec. (j).
Subsec. (k).
1977—Subsec. (d)(2).
1973—Subsec. (k).
1968—Subsec. (c).
1967—Subsecs. (b), (c).
Subsec. (d)(2).
1965—Subsec. (d)(2).
1964—Subsec. (d)(2).
Subsec. (j).
1962—Subsec. (b).
Subsec. (c).
Subsec. (d)(2).
Subsec. (f).
Effective Date of 1980 Amendment
Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j) by
Repeal of subsec. (k) by
Effective Date of 1962 Amendment
Amendment by
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
Extension of Authority
Prior extensions were contained in the following prior acts:
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, §101(c)(1)] of
Entitlement to Benefits for Services Performed Outside United States; Service Exceeding Thirty Months
Persons appointed, employed, or assigned after May 19, 1959, under former
1 See Extension of Authority note below.
§2385a. Unified personnel system
(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 [
(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 [
(
References in Text
The Foreign Assistance Act of 1961, referred to in subsecs. (a) and (c), is
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.
Amendments
1979—Subsec. (a).
Effective Date of 1979 Amendment
Effective Date
Section effective Oct. 1, 1978, see section 605 of
1 So in original. Probably should be "any".
§2386. Experts, consultants, and retired officers
(a) Employment; compensation; renewal of contracts of employment
Experts and consultants or organizations thereof may as authorized by
(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
(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
(
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning
Amendments
1977—Subsec. (b).
1976—Subsec. (a).
1967—Subsec. (a).
Subsec. (b).
1965—Subsecs. (c), (d).
1964—Subsec. (a).
Subsec. (b).
Subsec. (c).
1963—Subsec. (b).
Effective Date of 1964 Amendment
Amendment by
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, §101(c)(1)] of
§2387. Detail of personnel to foreign governments
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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
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
§2388. Detail of personnel to international organizations
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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
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
§2389. Status and benefits of personnel assigned or detailed to foreign governments or international organizations
(a) Allowances, privileges, rights, seniority, and other benefits
Any officer or employee, while assigned or detailed under
(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
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Amendments
1980—Subsec. (b).
1967—Subsec. (b).
1962—Subsec. (b).
Effective Date of 1980 Amendment
Amendment by
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
1 See References in Text note below.
§2390. Terms of detail or assignment of personnel
Details or assignments may be made under
(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
(
References in Text
This chapter, referred to in par. (3), was in the original "this Act", meaning
Amendments
1965—
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
§2391. Missions and staffs abroad
(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 [
(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 [
(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.
(
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning
The Foreign Service Act of 1980, referred to in subsecs. (b) and (c), is
Section 102(a)(3) of that Act, referred to in subsecs. (b) and (c), was redesignated section 102(3) pursuant to
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
Amendments
1980—Subsec. (b).
Subsec. (c).
1977—Subsec. (d).
1965—Subsec. (d).
1963—Subsec. (c).
Effective Date of 1980 Amendment
Amendment by
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
Flag and General Officers
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
1 See References in Text note below.
§2392. Government agencies
(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
(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 1 (second and third paragraphs of
(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
(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
(
References in Text
This chapter, referred to in subsecs. (a), (b), and (e), was in the original "this Act", meaning
The Assignment of Claims Act of 1940, as amended, referred to in subsec. (e), means act Oct. 9, 1940, ch. 779,
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
Amendments
1989—Subsec. (d).
1988—Subsec. (c).
1976—Subsec. (a).
Subsec. (b).
Subsec. (e).
1968—Subsec. (d).
1967—Subsec. (d).
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,
Effective Date of 1968 Amendment
Amendment by
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
Accounting Adjustments Between Appropriations
Charge of expenses to appropriation or account not affected by provisions for accounting adjustments between appropriations, see section 3 of
1 See References in Text note below.
§2393. Waiver of certain laws
(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 (
(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
(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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Renegotiation Act of 1951, as amended, referred to in subsec. (a), is act Mar. 23, 1951, ch. 15,
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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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
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
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, §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,
(1) The Act of March 26, 1934,
(2) Section 3648 of the Revised Statutes, as amended,
(3) Section 305 of the Federal Property and Administrative Services Act of 1949,
(4) Section 3709 of the Revised Statutes, as amended (
(5) Section 3710 of the Revised Statutes (
(6) Section 2 of title III of the Act of March 3, 1933,
(7) Section 3735 of the Revised Statutes (
(8) Section 304(c) of the Federal Property and Administrative Services Act of 1949, as added by the Act of October 31, 1951,
(9) Section 901(a) of the Merchant Marine Act, 1936,
(1) [Former]
(2)
(3) Section 304(c) of the Federal Property and Administrative Services Act of 1949, as added by the Act of October 31, 1951,
(4) Section 1301 of the Second War Powers Act, 1942,
(5) Section 3(b) of the Act of August 28, 1958,
(1) Title IX of the Federal Property and Administration Services Act of 1949, as amended (
(2) Section 612 of the Military Construction Authorization Act, 1967, as amended (
(3) Section 719 of the Defense Production Act of 1950, as amended ([former]
(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"),
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.
1 See References in Text note below.
1 See References in Text note below.
§2393a. Requests by Government Accountability Office and Congressional committees for documents and materials
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 Government Accountability 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 Government Accountability 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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Codification
This section was formerly classified to subsec. (c) of
Amendments
2004—
Effective Date
Section effective Oct. 1, 1978, see section 605 of
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
§2394. Reports and information; definitions
(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 Food for Peace Act [
(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
(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.
(
References in Text
The Food for Peace Act, referred to in subsec. (a)(4), is act July 10, 1954, ch. 469,
The Export-Import Bank Act of 1945, referred to in subsec. (a)(4), is act July 31, 1945, ch. 341,
This chapter, referred to in subsecs. (a)(5)(A), (10), (b)(1), was in the original "this Act", meaning
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
Codification
Prior to the complete revision of this section by section 502(a)(2) of
Amendments
2008—Subsec. (a)(4).
1985—Subsec. (a)(1)(B).
1981—Subsec. (a).
Subsec. (a)(1)(B).
Subsec. (a)(2)(F).
Subsec. (a)(4).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9) to (12).
1980—Subsec. (a)(6) to (8).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d) to (h).
1976—Subsec. (d).
Subsec. (f).
1974—Subsec. (d).
1973—Subsec. (f).
Subsec. (g).
1972—Subsec. (a).
Subsec. (d).
1969—Subsec. (a).
1968—Subsec. (d).
Subsec. (g).
1967—Subsec. (d).
Subsecs. (g), (h).
1966—Subsec. (f).
1962—Subsec. (a).
Subsec. (d).
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Effective Date of 1968 Amendment
Amendment by
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
Annual Report on Economic and Social Growth
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
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
§2394–1. Notification of program changes
(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 [
(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.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a), is
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
Codification
Section was formerly classified to
Amendments
1994—Subsec. (a).
1985—
1981—
Effective Date of 1985 Amendment
Amendment by
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
§2394–1a. Classification of reports
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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Effective Date
Section effective Oct. 1, 1978, see section 605 of
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
§2394a. Extortion and illegal payments to officials of foreign countries receiving international security assistance
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.
(
Codification
Section was not enacted as part of
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
§2394b. HELP Commission
(a) Short title
This section may be cited as the "HELP Commission Act".
(b) Findings
(1) The Congress finds that, despite the long-standing efforts and resources of the United States dedicated to helping needy people around the world, despair remains and in many areas is growing.
(2) Therefore, a commission should be established to bring together the best minds associated with development and humanitarian assistance to make a comprehensive review of—
(A) policy decisions, including why certain development projects are funded and others are not, successes, and best practices, including their applicability to other existing programs and projects;
(B) delivery obstacles, including the roles of United States agencies and other governmental and nongovernmental organizations;
(C) methodology, including whether the delivery of United States development assistance always represents best practices and whether it can be improved; and
(D) results, including measuring improvements in human capacity instead of in purely economic terms.
(3) An examination of these issues should present new approaches and ideas to ensure that United States development assistance reaches and benefits its intended recipients.
(c) Establishment of Commission; responsibilities
(1) There is established the Helping to Enhance the Livelihood of People (HELP) Around the Globe Commission (in this section referred to as the "Commission").
(2) The Commission shall—
(A) identify the past and present objectives of United States development assistance, identify cases in which those objectives have been met, identify the beneficiaries of such assistance, and what percentage of the funds provided actually reached the intended beneficiaries;
(B) identify cases in which United States development assistance has been most successful, and analyze how such successes may be transferable to other countries or areas;
(C) study ways to expand educational opportunities and investments in people, and assess infrastructure needs;
(D) analyze how the United States could place conditions on governments in countries receiving United States development assistance, in light of and notwithstanding the objectives of the Millennium Challenge Account;
(E) analyze ways in which the United States can coordinate its development assistance programs with those of other donor countries and international organizations;
(F) analyze ways in which the safety of development assistance workers can be ensured, particularly in the midst of conflicts;
(G) compare the effectiveness of increased and open trade with development assistance, and analyze the advantages and disadvantages of such trade and whether such trade could be a more effective alternative to United States development assistance;
(H) analyze ways in which the United States can strengthen the capacity of indigenous nongovernmental organizations to be more effective in grassroots development;
(I) analyze ways in which decisions on providing development assistance can involve more of the people of the recipient countries;
(J) analyze ways in which results can be measured if United States development assistance is targeted to the least developed countries;
(K) recommend standards that should be set for "graduating" recipient countries from United States development assistance;
(L) analyze whether United States development assistance should be used as a means to achieve United States foreign policy objectives;
(M) analyze how the United States can evaluate the performance of its development assistance programs not only against economic indicators, but in other ways, including how to measure the success of United States development assistance in democratization efforts; and evaluate the existing foreign assistance framework to ascertain the degree of coordination, or lack thereof, of the disparate foreign development programs as administered by the various Federal agencies, to identify and assess the redundancies of programs and organizational structures engaged in foreign assistance, and to recommend revisions to authorizing legislation for foreign assistance that would seek to reconcile competing foreign