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.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b) and (d), was in the original "this Act", meaning
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).
Statutory Notes and Related Subsidiaries
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
Effective Date of 1978 Amendment
Amendment by
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
Executive Documents
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
§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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
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
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."
Procurements From Small Businesses
[For termination, effective May 15, 2000, of reporting provisions in section 602 of
Executive Documents
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
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
§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 [
(
Editorial Notes
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—
Statutory Notes and Related Subsidiaries
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.
(
Editorial Notes
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,
Amendments
2008—Subsec. (c).
1992—Subsec. (a).
1985—Subsec. (g).
1980—Subsec. (e).
Subsec. (g).
1968—Subsec. (f).
1966—Subsec. (c).
Subsec. (e).
Statutory Notes and Related Subsidiaries
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
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Executive Documents
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.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) to (c), was in the original "this Act", meaning
Amendments
1965—Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
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
Executive Documents
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.
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Amendments
1985—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
1979—Subsec. (a).
1978—Subsecs. (b), (c).
1977—Subsec. (a).
1975—Subsec. (a).
1968—
Statutory Notes and Related Subsidiaries
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
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Regulations
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
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
Executive Documents
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,
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.
§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
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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
Effective Date of 1978 Amendment
Amendment by
Executive Documents
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
(
Editorial Notes
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—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Executive Documents
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.
(
Editorial Notes
References in Text
The Water Resources Planning Act, referred to in subsec. (b), is
Amendments
1985—Subsec. (a).
Subsec. (b).
1979—Subsec. (b).
1978—Subsec. (a).
Subsec. (e).
1967—Subsec. (e).
1963—Subsec. (b).
1962—Subsec. (a).
Statutory Notes and Related Subsidiaries
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
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 [
(
Editorial Notes
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, referred to in subsec. (d), is act July 10, 1954, ch. 469,
Amendments
2008—Subsec. (d).
1969—Subsec. (d).
1966—Subsec. (c).
1965—Subsecs. (b), (c).
1964—Subsec. (b).
Subsec. (c).
1963—
Statutory Notes and Related Subsidiaries
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
Effective Date of 2008 Amendment
Amendment by
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:
Executive Documents
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
§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.
(
Editorial Notes
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).
Executive Documents
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.
(
Editorial Notes
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
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).
Statutory Notes and Related Subsidiaries
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
Effective Date of 1985 Amendment
Amendment by
Executive Documents
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.
(
Editorial Notes
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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Administration of Funds
Executive Documents
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
§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.
(
Editorial Notes
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—
Executive Documents
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.
(
Editorial Notes
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,
Statutory Notes and Related Subsidiaries
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,
Statutory Notes and Related Subsidiaries
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
(1) No assistance shall be furnished under this chapter to the government of 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 the government of such country under this chapter, unless the government of such country meets its obligations under the loan or unless the President determines, after consultation with 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, that assistance for such country is in the national interest of the United States.
(2) No assistance shall be furnished under this chapter, the Peace Corps Act [
(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
Editorial Notes
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 Peace Corps Act, referred to in subsec. (q)(2), is
The Millennium Challenge Act of 2003, referred to in subsec. (q)(2), is
The African Development Foundation Act, referred to in subsec. (q)(2), is
The BUILD Act of 2018, referred to in subsec. (q)(2), is div. F of
The Food for Peace Act, referred to in subsecs. (s)(1) and (t), is act July 10, 1954, ch. 469,
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
2021—Subsec. (q).
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).
Statutory Notes and Related Subsidiaries
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
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
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:
Executive Documents
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
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.
(
Editorial Notes
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).
Executive Documents
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.
(
Editorial Notes
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.
Executive Documents
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.
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Dec. 23, 2008, see section 407 of
Executive Documents
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
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Self-Defense in Accordance With International Law
Executive Documents
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
§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.
(
Editorial Notes
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.
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
Eastern Mediterranean Security and Energy Partnership
"(a)
"(b)
"(1) identification of each recipient country;
"(2) a description of how the funds were used; and
"(3) an accounting of remaining equipment in recipient countries that was provided by the then-Soviet Union or Russian Federation."
[For definition of "appropriate congressional committees" as used in section 1312 of
"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)
Definition of Appropriate Congressional Committees
"(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
"(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives."
Executive Documents
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
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
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
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
Executive Documents
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
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.
(
Editorial Notes
Amendments
2014—Subsec. (c).
1998—Subsec. (c).
Executive Documents
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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Prior Provisions
Another section 620G of
Statutory Notes and Related Subsidiaries
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
Executive Documents
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
§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.
(
Editorial Notes
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
Statutory Notes and Related Subsidiaries
"Assistance" Defined
Assistance defined for purposes of title III of
Executive Documents
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.
§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.
(
Editorial Notes
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
Statutory Notes and Related Subsidiaries
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.
Executive Documents
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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Codification
Another section 620J of
Executive Documents
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.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (d), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
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)
Executive Documents
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
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (c), and (d), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
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.
Executive Documents
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.
(
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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 appropriate congressional committees 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
(1) If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective December 31, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition.
(2) If the recipient government withholds assistance from a unit pursuant to this section, the Secretary shall inform the appropriate congressional committees and shall, to the maximum extent practicable, assist the foreign government in bringing the responsible members of the unit 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).
(e) Definitions
(1) For the purposes of subsection (d)(7), the term "to the maximum extent practicable" means that the identity of such units shall be made publicly available unless the Secretary of State, on a case-by-case basis, determines and reports to the appropriate congressional committees that public disclosure is not in the national security interest of the United States and provides a detailed justification for such determination, which may be submitted in classified form.
(2) For the purposes of this section, "appropriate congressional committees" means the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
(
Editorial Notes
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
2022—Subsec. (b).
Subsec. (c).
Subsec. (e).
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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1968—
1963—
1962—
Statutory Notes and Related Subsidiaries
AID Office of Security
"(a)
"(b)
"(c)
Agency for International Development Budget Submission
Repeal of Reorganization Plan No. 2 of 1979
Reorganization Plan No. 2 of 1979, 44 F.R. 41165,
Executive Documents
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.
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.
(
Editorial Notes
Amendments
1978—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Executive Documents
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.
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
Effective Date of 1968 Amendment
Amendment by
Executive Documents
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.
(
Editorial Notes
Amendments
1976—Subsec. (a)(4).
Subsec. (a)(6).
Statutory Notes and Related Subsidiaries
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
§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.
(
Editorial Notes
References in Text
Section 642(a), referred to in subsec. (c), means section 642(a) 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).
Statutory Notes and Related Subsidiaries
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
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
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
Executive Documents
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
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
(k) Crisis operations and disaster surge staffing
(1) The United States Agency for International Development is authorized to appoint personnel in the excepted service using funds authorized to be appropriated or otherwise made available under the heading "Transition Initiatives" in an Act making appropriations for the Department of State, Foreign Operations, and Related Programs and to carry out the provisions of subchapter I and part IV of subchapter II of this chapter of 1 and
(2) Funds authorized to carry out such purposes may be made available for the operating expenses and administrative costs of such personnel and may remain attributed to any minimum funding requirement for which they were originally made available.
(3) The Administrator of the United States Agency for International Development shall coordinate with the Office of Personnel Management on implementation of the appointment authority under paragraph (1).
(4) Not later than one year after December 23, 2024, and annually thereafter for 3 years, the Administrator shall submit to the appropriate congressional committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Oversight and Accountability of the House of Representatives, and the Committee on Appropriations of the House of Representatives a report regarding the continued need for and utilization of the authority pursuant to this subsection.
(
Editorial Notes
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
December 23, 2024, referred to in subsec. (k)(4), was in the original "the date of the enactment of this Act", and was translated as meaning the date of enactment of
Amendments
2024—Subsec. (k).
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).
Statutory Notes and Related Subsidiaries
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
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
Additional Personnel To Address Backlogs in Hiring and Investigations
"(a)
"(b)
"(1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the enactment of this Act [Dec. 23, 2022]) by the date that is 180 days after such date of enactment; and
"(2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment."
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
Executive Documents
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
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 [
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Executive Documents
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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Executive Documents
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
(
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
Executive Documents
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
(
Editorial Notes
References in Text
This chapter, referred to in par. (3), was in the original "this Act", meaning
Amendments
1965—
Executive Documents
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.
(
Editorial Notes
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
Amendments
1980—Subsec. (b).
Subsec. (c).
1977—Subsec. (d).
1965—Subsec. (d).
1963—Subsec. (c).
Statutory Notes and Related Subsidiaries
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
Effective Date of 1980 Amendment
Amendment by
Flag and General Officers
Executive Documents
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
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
(
Editorial Notes
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,
Amendments
1989—Subsec. (d).
1988—Subsec. (c).
1976—Subsec. (a).
Subsec. (b).
Subsec. (e).
1968—Subsec. (d).
1967—Subsec. (d).
Statutory Notes and Related Subsidiaries
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
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
Accounting Adjustments Between Appropriations
Charge of expenses to appropriation or account not affected by provisions for accounting adjustments between appropriations, see section 3 of
Executive Documents
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.
§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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Renegotiation Act of 1951, referred to in subsec. (a), is act Mar. 23, 1951, ch. 15,
Statutory Notes and Related Subsidiaries
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
Executive Documents
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.
§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.
(
Editorial Notes
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—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Executive Documents
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.
(
Editorial Notes
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
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).
Statutory Notes and Related Subsidiaries
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
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.
(
Editorial Notes
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
Codification
Section was formerly classified to
Amendments
1994—Subsec. (a).
1985—
1981—
Statutory Notes and Related Subsidiaries
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
Effective Date of 1985 Amendment
Amendment by
Executive Documents
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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Executive Documents
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.
(
Editorial Notes
Codification
Section was not enacted as part of
Executive Documents
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 policy and foreign aid goals; and
(N) study any other areas that the Commission considers necessary relating to United States development assistance.
(d) Membership
(1) The Commission shall be composed of 21 members as follows:
(A) Six members shall be appointed by the President, of whom at least two shall be representatives of nongovernmental organizations.
(B) Four members shall be appointed by the majority leader of the Senate, and three members shall be appointed by the minority leader of the Senate.
(C) Four members shall be appointed by the Speaker of the House of Representatives, and three members shall be appointed by the minority leader of the House of Representatives.
(D) The Administrator of the United States Agency for International Development shall serve as a member of the Commission, ex officio.
(2) Members under subparagraphs (A) through (C) of paragraph (1) shall be appointed for the life of the Commission.
(3) Members of the Commission shall be selected from among individuals noted for their knowledge and experience in foreign assistance, particularly development and humanitarian assistance.
(4) The appointments under paragraph (1) shall be made not later than 60 days after January 23, 2004.
(5) The President shall designate one of the members of the Commission not currently in Government service as the Chair of the Commission.
(6) In order to facilitate the workload of the Commission, the Commission shall divide the membership of the Commission into three subcommittees representing the different regions of the world to which the United States provides development assistance, the membership of each subcommittee to be proportional to the percentage of United States development assistance provided to the region represented by the subcommittee. Each subcommittee shall elect one of its members as Chair of the subcommittee.
(7)(A) Eleven members of the Commission shall constitute a quorum for purposes of transacting the business of the Commission. The Commission shall meet at the call of the Chair.
(B) A majority of the members of each regional subcommittee shall constitute a quorum for purposes of transacting the business of the subcommittee. Each subcommittee shall meet at the call of the Chair of the subcommittee.
(8) Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made.
(9) The Administrator of General Services shall provide to the Commission on a reimbursable basis (or, in the discretion of the Administrator, on a nonreimbursable basis) such administrative support services as the Commission may request to carry out this section.
(10)(A) Subject to subparagraph (B), members of the Commission shall serve without pay.
(B) Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission.
(11) Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of
(12)(A) The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.
(B) To the extent or in the amounts provided in advance in appropriations Acts—
(i) the executive director shall be compensated at the rate payable for level V of the Executive Schedule under
(ii) the Chairman of the Commission may fix the compensation of other personnel without regard to the provisions of
(e) Authority
(1) The Commission may, for the purpose of carrying out its functions under this section, hold hearings, sit and act at times and places in the United States and in countries that receive United States development assistance, take testimony, and receive evidence as the Commission considers advisable to carry out the purposes of this section.
(2) The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission, subject to applicable law.
(3) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(4) The Commission may adopt such rules and regulations, relating to administrative procedure, as may be reasonably necessary to enable it to carry out the provisions of this section.
(5) The Members of the Commission may, with the approval of the Commission, conduct such travel as is necessary to carry out the purposes of this section. Each trip must be approved by a majority of the Commission.
(6) Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this section. The detail of any such personnel shall be without interruption or loss of civil service or Foreign Service status or privilege.
(f) Report of Commission
(1) Not later than 2 years after the members of the Commission are appointed under subsection (d)(1), the Commission shall submit a report to the President, the Secretary of State, the Committee on Appropriations and the Committee on International Relations of the House of Representatives, and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, setting forth its findings and recommendations under section 1 (c)(2).
(2) The report may be submitted in classified form, together with a public summary of recommendations, if the classification of information would further the purposes of this section.
(3) Each member of the Commission may include the individual or dissenting views of the member.
(g) Applicability of other laws
(h) Definition
In this section, the term "United States development assistance" means—
(1) assistance provided by the United States under chapters 1, 10, 11, and 12 of part I of the Foreign Assistance Act of 1961 [
(2) assistance provided under any other provision of law to carry out purposes comparable to those set forth in the provisions referred to in paragraph (1).
(i) Authorization of appropriations
(1) There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section.
(2) Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended, but not later than the date of termination of the Commission.
(j) Termination
The Commission shall terminate 30 days after the submission of its report under subsection (f).
(k) Annual report of President
(1) Not later than April 1, 2004, and April 1 of each third year thereafter, the President shall transmit to the Congress a report that analyzes, on a country-by-country basis, the impact and effectiveness of United States economic assistance furnished to each country during the preceding 3 fiscal years. The report shall include the following for each recipient country:
(A) An analysis of the impact of United States economic assistance during the preceding 3 fiscal years on economic development in that country, with a discussion of the United States interests that were served by the assistance. The analysis shall be done on a sector-by-sector basis to the extent possible and shall identify any economic policy reforms that were promoted by the assistance. The analysis shall—
(i) include a description, quantified to the extent practicable, of the specific objectives the United States sought to achieve in providing economic assistance for that country; and
(ii) specify the extent to which those objectives were not achieved, with an explanation of why they were not achieved.
(B) A description of the amount and nature of economic assistance provided by other donors during the preceding 3 fiscal years, set forth by development sector to the extent possible.
(C) A discussion of the commitment of the host government to addressing the country's needs in each development sector, including a description of the resources devoted by that government to each development sector during the preceding 3 fiscal years.
(D) A description of the trends, both favorable and unfavorable, in each development sector.
(E) Statistical and other information necessary to evaluate the impact and effectiveness of United States economic assistance on development in the country.
(F) A comparison of the analysis provided in the report with relevant analyses by international financial institutions, other international organizations, other donor countries, or nongovernmental organizations.
(2) The report required by this section shall identify—
(A) each country in which United States economic assistance has been most successful, as indicated by the extent to which the specific objectives the United States sought to achieve in providing the assistance for the country, as referred to in paragraph (1)(A)(i), were achieved; and
(B) each country in which United States economic assistance has been least successful, as indicated by the extent to which the specific objectives the United States sought to achieve in providing the assistance for the country, as referred to in paragraph (1)(A)(i), were not achieved; and, for each such country, an explanation of why the assistance was not more successful and a specification of what the United States has done as a result.
(3) Information under paragraphs (1) and (2) for a fiscal year shall not be required with respect to a country for which United States economic assistance for the country for the fiscal year is less than $5,000,000.
(4) In this subsection, the term "United States economic assistance" means any bilateral economic assistance, from any budget functional category, that is provided by any department or agency of the United States to a foreign country, including such assistance that is intended—
(A) to assist the development and economic advancement of friendly foreign countries and peoples;
(B) to promote the freedom, aspirations, or sustenance of friendly peoples under oppressive rule by unfriendly governments;
(C) to promote international trade and foreign direct investment as a means of aiding economic growth;
(D) to save lives and alleviate suffering of foreign peoples during or following wars, natural disasters, or complex crisies 2 ;
(E) to assist in recovery and rehabilitation of countries or peoples following disaster or war;
(F) to protect refugees and promote durable solutions to aid refugees;
(G) to promote sound environmental practices;
(H) to assist in development of democratic institutions and good governance by the people of foreign countries;
(I) to promote peace and reconciliation or prevention of conflict;
(J) to improve the technical capacities of governments to reduce production of and demand for illicit narcotics; and
(K) to otherwise promote through bilateral foreign economic assistance the national objectives of the United States.
(
Editorial Notes
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (h)(1), is
Codification
Section was enacted as the HELP Commission Act, and also as part of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004, and the Consolidated Appropriations Act, 2004, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
2022—Subsec. (g).
Statutory Notes and Related Subsidiaries
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.
Executive Documents
Assignment of Functions Implementing the HELP Commission Act
Memorandum of President of the United States, Dec. 8, 2004, 69 F.R. 78847, provided:
Memorandum for the Secretary of State [and] the Administrator of the United States Agency for International Development
By the authority vested in me as President by the Constitution and laws of the United States, including
1. The functions of the President under subsection 637(k) of the [Departments of] Commerce, Justice[,] and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (Division B,
2. The Administrator of the United States Agency for International Development shall provide support to assist the Secretary in the performance of functions assigned by this memorandum, and the heads of executive departments and agencies with information concerning assistance programs shall furnish promptly to the Secretary, consistent with applicable law, such information as the Secretary may request to assist in fulfillment of these responsibilities for the preparation of the report to which subsection 637(k) refers.
3. The Secretary shall coordinate the receipt by departments and agencies of requests from the HELP Commission under section 637(e) of the Act for information and their responses to such requests. Such departments and agencies shall provide relevant information and responses promptly. The Secretary shall ensure that such responses occur in a manner consistent with the President's constitutional authority to withhold information that could impair foreign relations, national security, the deliberate processes of the Executive, or the performance of the Executive's constitutional duties.
4. Heads of executive departments and agencies shall assist the Secretary in the implementation of this memorandum.
5. The Secretary is authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
1 So in original. Probably should be "subsection".
2 So in original. Probably should be "crises".
§2394c. Information on covered United States foreign assistance programs
(a) Publication of information
(1) Update of existing website
Not later than 90 days after July 15, 2016, the Secretary of State shall update the Department of State's website, "ForeignAssistance.gov", to make publicly available comprehensive, timely, and comparable information on covered United States foreign assistance programs, including all information required under subsection (b) that is available to the Secretary of State.
(2) Information sharing
Not later than 2 years after July 15, 2016, and quarterly thereafter, the head of each Federal department or agency that administers covered United States foreign assistance shall provide the Secretary of State with comprehensive information about the covered United States foreign assistance programs carried out by such department or agency.
(3) Updates to website
Not later than 2 years after July 15, 2016, and quarterly thereafter, the Secretary of State shall publish, on the "ForeignAssistance.gov" website or through a successor online publication, the information provided under subsection (b).
(b) Matters to be included
(1) In general
The information described in subsection (a)—
(A) shall be published for each country on a detailed basis, such as award-by-award; or
(B) if assistance is provided on a regional level, shall be published for each such region on a detailed basis, such as award-by-award.
(2) Types of information
(A) In general
To ensure the transparency, accountability, and effectiveness of covered United States foreign assistance programs, the information described in subsection (a) shall include—
(i) links to all regional, country, and sector assistance strategies, annual budget documents, congressional budget justifications, and evaluations in accordance with section 3(c)(2)(J);
(ii) basic descriptive summaries for covered United States foreign assistance programs and awards under such programs; and
(iii) obligations and expenditures.
(B) Publication
Each type of information described in subparagraph (A) shall be published or updated on the appropriate website not later than 90 days after the date on which the information is issued.
(C) Rule of construction
Nothing in this paragraph may be construed to require a Federal department or agency that administers covered United States foreign assistance to provide any information that does not relate to, or is not otherwise required by, the covered United States foreign assistance programs carried out by such department or agency.
(3) Report in lieu of inclusion
(A) Health or security of implementing partners
If the head of a Federal department or agency, in consultation with the Secretary of State, makes a determination that the inclusion of a required item of information online would jeopardize the health or security of an implementing partner or program beneficiary or would require the release of proprietary information of an implementing partner or program beneficiary, the head of the Federal department or agency shall provide such determination in writing to the appropriate congressional committees, including the basis for such determination.
(B) National interests of the United States
If the Secretary of State makes a determination that the inclusion of a required item of information online would be detrimental to the national interests of the United States, the Secretary of State shall provide such determination, including the basis for such determination, in writing to the appropriate congressional committees.
(C) Form
Information provided under this paragraph may be provided in classified form, as appropriate.
(4) Failure to comply
If a Federal department or agency fails to comply with the requirements under paragraph (1), (2), or (3) of subsection (a), or subsection (c), with respect to providing information described in subsection (a), and the information is not subject to a determination under subparagraph (A) or (B) of paragraph (3) not to make the information publicly available, the Director of the Office of Management and Budget, in consultation with the head of such department or agency, not later than one year after July 15, 2016, shall submit a consolidated report to the appropriate congressional committees that includes, with respect to each required item of information not made publicly available—
(A) a detailed explanation of the reason for not making such information publicly available; and
(B) a description of the department's or agency's plan and timeline for—
(i) making such information publicly available; and
(ii) ensuring that such information is made publicly available in subsequent years.
(c) Scope of information
The online publication required under subsection (a) shall, at a minimum—
(1) in each of the fiscal years 2016 through 2019, provide the information required under subsection (b) for fiscal years 2015 through the current fiscal year; and
(2) for fiscal year 2020 and each fiscal year thereafter, provide the information required under subsection (b) for the immediately preceding 5 fiscal years in a fully searchable form.
(d) Sense of Congress
It is the sense of Congress that the Secretary of State and the Administrator of the United States Agency for International Development should coordinate the consolidation of processes and data collection and presentation for the Department of State's website, "ForeignAssistance.gov", and the United States Agency for International Development's website, "Explorer.USAID.gov", to the extent that is possible to maximize efficiencies, no later than the end of fiscal year 2018.
(
Editorial Notes
References in Text
Section 3(c)(2)(J), referred to in subsec. (b)(2)(A)(i), is section 3(c)(2)(J) of
Codification
Section was enacted as part of the Foreign Aid Transparency and Accountability Act of 2016, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Guidelines for Covered United States Foreign Assistance Programs
"(a)
"(1) evaluate the performance of covered United States foreign assistance and its contribution to the policies, strategies, projects, program goals, and priorities undertaken by the Federal Government;
"(2) support and promote innovative programs to improve effectiveness; and
"(3) coordinate the monitoring and evaluation processes of Federal departments and agencies that administer covered United States foreign assistance.
"(b)
"(c)
"(1)
"(A) monitoring the use of resources;
"(B) evaluating the outcomes and impacts of covered United States foreign assistance projects and programs; and
"(C) applying the findings and conclusions of such evaluations to proposed project and program design.
"(2)
"(A) establish annual monitoring and evaluation objectives and timetables to plan and manage the process of monitoring, evaluating, analyzing progress, and applying learning toward achieving results;
"(B) develop specific project monitoring and evaluation plans, including measurable goals and performance metrics, and to identify the resources necessary to conduct such evaluations, which should be covered by program costs;
"(C) apply rigorous monitoring and evaluation methodologies to such programs, including through the use of impact evaluations, ex-post evaluations, or other methods, as appropriate, that clearly define program logic, inputs, outputs, intermediate outcomes, and end outcomes;
"(D) disseminate guidelines for the development and implementation of monitoring and evaluation programs to all personnel, especially in the field, who are responsible for the design, implementation, and management of covered United States foreign assistance programs;
"(E) establish methodologies for the collection of data, including baseline data to serve as a reference point against which progress can be measured;
"(F) evaluate, at least once in their lifetime, all programs whose dollar value equals or exceeds the median program size for the relevant office or bureau or an equivalent calculation to ensure the majority of program resources are evaluated;
"(G) conduct impact evaluations on all pilot programs before replicating, or conduct performance evaluations and provide a justification for not conducting an impact evaluation when such an evaluation is deemed inappropriate or impracticable;
"(H) develop a clearinghouse capacity for the collection, dissemination, and preservation of knowledge and lessons learned to guide future programs for United States foreign assistance personnel, implementing partners, the donor community, and aid recipient governments;
"(I) internally distribute evaluation reports;
"(J) publicly report each evaluation, including an executive summary, a description of the evaluation methodology, key findings, appropriate context, including quantitative and qualitative data when available, and recommendations made in the evaluation within 90 days after the completion of the evaluation;
"(K) undertake collaborative partnerships and coordinate efforts with the academic community, implementing partners, and national and international institutions, as appropriate, that have expertise in program monitoring, evaluation, and analysis when such partnerships provide needed expertise or significantly improve the evaluation and analysis;
"(L) ensure verifiable, reliable, and timely data, including from local beneficiaries and stakeholders, are available to monitoring and evaluation personnel to permit the objective evaluation of the effectiveness of covered United States foreign assistance programs, including an assessment of assumptions and limitations in such evaluations; and
"(M) ensure that standards of professional evaluation organizations for monitoring and evaluation efforts are employed, including ensuring the integrity and independence of evaluations, permitting and encouraging the exercise of professional judgment, and providing for quality control and assurance in the monitoring and evaluation process.
"(d)
"(e)
"(1) analyzes the guidelines established pursuant to subsection (b); and
"(2) assesses the implementation of the guidelines by the agencies, bureaus, and offices that implement covered United States foreign assistance as outlined in the President's budget request."
[For delegation of functions of President under section 3(b) and (d) of
Definitions
"In this Act [enacting this section and provisions set out as notes under this section and
"(1)
"(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)
"(A) making judgments and evaluations regarding the program;
"(B) improving program effectiveness; and
"(C) informing decisions about current and future programming.
"(3)
"(A) part I of the Foreign Assistance Act of 1961 (
"(B)
"(C) the Millennium Challenge Act of 2003 (
"(D) the Food for Peace Act (
"(E) the Better Utilization of Investments Leading to Development Act of 2018 [
"(E) the Global Malnutrition Prevention and Treatment Act of 2021 [
"(F) the Global Health Security and International Pandemic Prevention, Preparedness and Response Act of 2022 [
[Amendment by section 1470(l) of
Executive Documents
Delegation of Authority Under the Foreign Aid Transparency and Accountability Act of 2016
Memorandum of President of the United States, Nov. 21, 2017, 82 F.R. 56529, provided:
Memorandum for the Director of the Office of Management and Budget
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as sections 3(b) and 3(d) of the Act.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§2395. General authorities
(a) Manner of furnishing assistance; emphasis on loans
Except as otherwise specifically provided in this chapter, assistance under this chapter may be furnished on a grant basis or on such terms, including cash, credit, or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of commodities) as may be determined to be best suited to the achievement of the purposes of this chapter, and shall emphasize loans rather than grants wherever possible.
(b) Authority of the President
The President may make loans, advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any individual, corporation, or other body of persons, friendly government or government agency, whether within or without the United States, and international organizations in furtherance of the purposes and within the limitations of this chapter.
(c) Utilization of services and facilities of voluntary, nonprofit organizations
It is the sense of Congress that the President, in furthering the purposes of this chapter, shall use to the maximum extent practicable the services and facilities of voluntary, nonprofit organizations registered with, and approved by, the Agency for International Development.
(d) Acceptance of gifts, devises, bequests, grants, etc.
The President may accept and use in furtherance of the purposes of this chapter, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purpose.
(e) Health and accident insurance for foreign participants and foreign employees
(1) Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign participants in any program of furnishing technical information and assistance administered by such agency while such participants are absent from their homes for the purpose of participation in such program.
(2) Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign employees of that agency while those employees are absent from their place of employment abroad for purposes of training or other official duties.
(f) Admission of alien participants
Alien participants in any program of furnishing technical information and assistance under this chapter may be admitted to the United States if otherwise qualified as nonimmigrants under
(g) Powers and authorities of the President with respect to loans
In making loans under this chapter, the President—
(1) may issue letters of credit and letters of commitment;
(2) may collect or compromise any obligations assigned to, or held by, and any legal or equitable rights accruing to him, and, as he may determine, refer any such obligations or rights to the Attorney General for suit or collection;
(3) may acquire and dispose of, upon such terms and conditions as he may determine, any property, including any instrument evidencing indebtedness or ownership (provided that equity securities may not be directly purchased although such securities may be acquired by other means such as by exercise of conversion rights or through enforcement of liens or pledges or otherwise to satisfy a previously incurred indebtedness), and guarantee payment against any such instrument;
(4) may determine the character of, and necessity for, obligations and expenditures of funds used in making such loans and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to corporations of the United States Government; and
(5) shall cause to be maintained an integral set of accounts which shall be audited by the Government Accountability Office in accordance with principles and procedures applicable to commercial corporate transactions as provided by
(h) Term of contracts and agreements
A contract or agreement which entails commitments for the expenditure of funds made available under part I (except development loans) and subpart II of part II of subchapter I and under subchapter II of this chapter, may, subject to any future action of the Congress, extend at any time for not more than five years.
(i) Settlement and arbitration of claims arising under investment guaranty operations
Claims arising as a result of investment guaranty operations may be settled, and disputes arising as a result thereof may be arbitrated with the consent of the parties, on such terms and conditions as the President may direct. Payment made pursuant to any such settlement, or as a result of an arbitration award, shall be final and conclusive notwithstanding any other provision of law.
(j) Financial transactions with foreign governments; exemption
The provisions of
(k) Cost-type contracts with educational institutions; payment of reimbursable indirect costs
Any cost-type contract or agreement (including grants) entered into with a university, college, or other educational institution for the purpose of carrying out programs authorized by subchapter I of this chapter may provide for the payment of the reimbursable indirect costs of said university, college, or other educational institution on the basis of predetermined fixed-percentage rates applied to the total, or an element thereof, of the reimbursable direct costs incurred.
(l) Program oversight
The Administrator of the agency primarily responsible for administering subchapter I of this chapter may use funds made available under that subchapter to provide program and management oversight for activities that are funded under that subchapter and that are conducted in countries in which the agency does not have a field mission or office.
(m) Working capital fund
(1) There is established a working capital fund (in this subsection referred to as the "fund") for the United States Agency for International Development (in this subsection referred to as the "Agency") which shall be available without fiscal year limitation for the expenses of personal and nonpersonal services, equipment, and supplies for—
(A) International Cooperative Administrative Support Services; and
(B) rebates from the use of United States Government credit cards.
(2) The capital of the fund shall consist of—
(A) the fair and reasonable value of such supplies, equipment, and other assets pertaining to the functions of the fund as the Administrator determines,
(B) rebates from the use of United States Government credit cards, and
(C) any appropriations made available for the purpose of providing capital,
minus related liabilities.
(3) The fund shall be reimbursed or credited with advance payments for services, equipment, or supplies provided from the fund from applicable appropriations and funds of the Agency, other Federal agencies and other sources authorized by
(4) At the close of each fiscal year the Administrator of the Agency shall transfer out of the fund to the miscellaneous receipts account of the Treasury of the United States such amounts as the Administrator determines to be in excess of the needs of the fund.
(5) The fund may be charged with the current value of supplies and equipment returned to the working capital of the fund by a post, activity, or agency, and the proceeds shall he 1 credited to current applicable appropriations.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) to (d), (g), and (j), was in the original "this Act", meaning
Codification
In subsec. (g)(5), "
Amendments
2004—Subsec. (g)(5).
2000—Subsec. (l).
Subsec. (m).
1979—Subsec. (c).
1978—Subsec. (h).
1967—Subsec. (e).
Subsec. (g).
1966—Subsec. (h).
1965—Subsec. (g).
1963—Subsec. (k).
1962—Subsec. (h).
Statutory Notes and Related Subsidiaries
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
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
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1967 Amendment
Information to Congressional Committees on Negotiations Regarding Debts Owed United States by Foreign Governments; Transmittal to Congress of Debt Modification Proposals
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
Executive Documents
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
International Agreements
The negotiation, conclusion, and termination of international agreements pursuant to this chapter shall be subject to requirements of
1 So in original. Probably should be "be".
§2395a. International agreements concerning debt relief; transmittal to congressional committees
(1) Repealed.
(2) The Secretary of State shall transmit to such committees a copy of the text of any agreement with any foreign government which would result in any such debt relief no less than thirty days prior to its entry into force, together with a detailed justification of the interest of the United States in the proposed debt relief. The requirements of this paragraph shall not apply with respect to an agreement if a statutory requirement exists that the amount of the debt relief provided by the agreement may not exceed the amount approved for such purposes in advance in an appropriation Act.
(
Editorial Notes
References in Text
"Such committees" and "such debt relief", referred to in par. (2), mean the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of each House of Congress named as the ongoing recipients of any information respecting debt relief negotiations with foreign governments regarding any debts owing to the United States in par. (1) provisions prior to repeal thereof by section 734(a)(1) of
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
1981—Par. (1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Actions To Provide Bilateral Debt Relief
"(a)
"(b)
"(1) Sections 221 and 222 of the Foreign Assistance Act [of 1961] [
"(2) The Arms Export Control Act (
"(3) Section 5(f) of the Commodity Credit Corporation Charter Act [
"(4) Title I of the Agricultural Trade Development and Assistance Act of 1954 [now Food for Peace Act] (
"(5) The Act of March 11, 1941 (
"(c)
"(d)
"(1) the country, as of December 31, 2000, is eligible to borrow from the International Development Association;
"(2) the country, as of December 31, 2000, is not eligible to borrow from the International Bank for Reconstruction and Development; and
"(3)(A) the country has outstanding public and publicly guaranteed debt, the net present value of which on December 31, 1996, was at least 150 percent of the average annual value of the exports of the country for the period 1994 through 1996; or
"(B)(i) the country has outstanding public and publicly guaranteed debt, the net present value of which, as of the date the President determines that the country is eligible for debt relief under this section, is at least 150 percent of the annual value of the exports of the country; or
"(ii) the country has outstanding public and publicly guaranteed debt, the net present value of which, as of the date the President determines that the country is eligible for debt relief under this section, is at least 250 percent of the annual fiscal revenues of the country, and has minimum ratios of exports to Gross Domestic Product of 30 percent, and of fiscal revenues to Gross Domestic Product of 15 percent.
"(e)
"(f)
"(1) has an excessive level of military expenditures;
"(2) has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under [former] section 6(j)(1) of the Export Administration Act of 1979 (
"(3) is failing to cooperate on international narcotics control matters; or
"(4) (including its military or other security forces), engages in a consistent pattern of gross violations of internationally recognized human rights.
"(g)
"(1) to enable, facilitate, or encourage the implementation of policy changes and institutional reforms under economic reform programs, in a manner that ensures that such policy changes and institutional reforms are designed and adopted through transparent and participatory processes;
"(2) to adopt an integrated development strategy of the type described in section 1624(a) of the International Financial Institutions Act [
"(3) to take steps so that the financial benefits of debt relief are applied to programs to combat poverty (in particular through concrete measures to improve economic infrastructure, basic services in education, nutrition, and health, particularly treatment and prevention of the leading causes of mortality) and to redress environmental degradation;
"(4) to take steps to strengthen and expand the private sector, encourage increased trade and investment, support the development of free markets, and promote broad-scale economic growth;
"(5) to implement transparent policy making and budget procedures, good governance, and effective anticorruption measures;
"(6) to broaden public participation and popular understanding of the principles and goals of poverty reduction, particularly through economic growth, and good governance; and
"(7) to promote the participation of citizens and nongovernmental organizations in the economic policy choices of the government.
"(h)
"(i)
"(j)
[
Notification to Congress on Debt Relief Agreements
Similar provisions were contained in the following prior appropriation acts:
§2396. Availability of funds
(a) General expenditures
Appropriations for the purposes of or pursuant to this chapter (except for subchapter II of this chapter), allocations to any agency of the United States Government, from other appropriations, for functions directly related to the purposes of this chapter, and funds made available for other purposes to the agency primarily responsible for administrating subchapter I of this chapter, shall be available for:
(1) rent of buildings and space in buildings in the United States, and for repair, alteration, and improvement of such leased properties;
(2) expenses of attendance at meetings concerned with the purposes of such appropriations or of this chapter, including (notwithstanding the provisions of section 1346(a) and (c) of title 31) expenses in connection with meetings of persons whose employment is authorized by
(3) contracting with individuals for personal services abroad: Provided, That such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Civil Service Commission;
(4) purchase, maintenance, operation, and hire of aircraft: Provided, That aircraft for administrative purposes may be purchased only as specifically provided for in an appropriation or other Act;
(5) purchase and hire of passenger motor vehicles: Provided, That, except as may otherwise be provided in an appropriation or other Act, passenger motor vehicles for administrative purposes outside the United States may be purchased for replacement only, and such vehicles may be exchanged or sold and replaced by an equal number of such vehicles, and the cost, including exchange allowance, of each such replacement shall not exceed the current market price in the United States of a mid-sized sedan or station wagon meeting the requirements established by the General Services Administration for a Class III vehicle of United States manufacture (or, if the replacement vehicle is a right-hand drive vehicle, 120 percent of that price) in the case of an automobile for the chief of any special mission or staff outside the United States established under
(6) entertainment (not to exceed $25,000 in any fiscal year except as may otherwise be provided in an appropriation or other Act);
(7) exchange of funds without regard to section 3651 1 of the Revised Statutes (
(8) expenditures (not to exceed $50,000 in any fiscal year except as may otherwise be provided in an appropriation or other Act) of a confidential character other than entertainment: Provided, That a certificate of the amount of each such expenditure, the nature of which it is considered inadvisable to specify, shall be made by the head of the agency primarily responsible for administering subchapter I of this chapter or such person as he may designate, and every such certificate shall be deemed a sufficient voucher for the amount therein specified;
(9) insurance of official motor vehicles or aircraft acquired for use in foreign countries;
(10) rent or lease outside the United States for not to exceed ten years of offices, buildings, grounds, and quarters, including living quarters to house personnel, and payments therefor in advance; maintenance, furnishings, necessary repairs, improvements, and alterations to properties owned or rented by the United States Government or made available for use to the United States Government outside the United States; and costs of fuel, water, and utilities for such properties;
(11) expenses of preparing and transporting to their former homes, or, with respect to foreign participants engaged in any program under subchapter I of this chapter, to their former homes or places of burial, and of care and disposition of, the remains of persons or members of the families of persons who may die while such persons are away from their homes participating in activities carried out with funds covered by this subsection;
(12) purchase of uniforms;
(13) payment of per diem in lieu of subsistence to foreign participants engaged in any program under subchapter I of this chapter while such participants are away from their homes in countries other than the United States, at rates not in excess of those prescribed by the standardized Government travel regulations, notwithstanding any other provision of law;
(14) use in accordance with authorities of the Foreign Service Act of 1980, as amended (
(15) ice and drinking water for use outside the United States;
(16) services of commissioned officers of the Environmental Science Services Administration, and for the purposes of providing such services the Environmental Science Services Administration may appoint not to exceed twenty commissioned officers in addition to those otherwise authorized;
(17) employing individuals or organizations, by contract, for services abroad for purposes of this chapter and title II of the Food for Peace Act [
(b) Compensation, allowances, and travel of personnel; printing and binding; expenditures outside United States
Funds made available for the purposes of this chapter may be used for compensation, allowances, and travel of personnel including Foreign Service personnel whose services are utilized primarily for the purposes of this chapter, for printing and binding without regard to the provisions of any other law, and for expenditures outside the United States for the procurement of supplies and services and for other administrative and operating purposes (other than compensation of personnel) without regard to such laws and regulations governing the obligation and expenditure of funds of the United States Government as may be necessary to accomplish the purposes of this chapter.
(c) Construction of living quarters, office space, and supporting facilities
Notwithstanding any other law, not to exceed $6,000,000 of the funds available for assistance under this chapter may be used in any fiscal year (in addition to funds available for such use under other authorities in this chapter) to construct or otherwise acquire outside the United States (1) essential living quarters, office space, and necessary supporting facilities for use of personnel carrying out activities authorized by this chapter, and (2) schools (including dormitories and boarding facilities) and hospitals for use of personnel carrying out activities authorized by this chapter, United States Government personnel, and their dependents. In addition, funds made available for assistance under this chapter may be used, notwithstanding any other law, to equip, staff, operate, and maintain such schools and hospitals.
(d) Education of dependents
Not to exceed $2,500,000 of the funds available for assistance under this chapter may be used in any fiscal year to provide assistance, on such terms and conditions as are deemed appropriate, to schools established, or to be established, outside the United States whenever it is determined that such action would be more economical or would best serve the interests of the United States in providing for the education of dependents of personnel carrying out activities authorized by this chapter and dependents of United States Government personnel, in lieu of acquisition or construction pursuant to subsection (c) of this section.
(e) Training costs
Funds available under this chapter may be used to pay costs of training United States citizen personnel employed or assigned pursuant to section 2385(d)(2) 1 of this title (through interchange or otherwise) at any State or local unit of government, public or private nonprofit institution, trade, labor, agricultural, or scientific association or organization, or commercial firm; and the provisions of sections 1881 to 1888 1 of title 7 may be used to carry out the foregoing authority notwithstanding that interchange of personnel may not be involved or that the training may not take place at the institutions specified in sections 1881 to 1888 1 of title 7. Such training shall not be considered employment or holding of office under
(f) Assistance in carrying out functions under certain laws
Funds made available under part I of subchapter I of this chapter may be used for expenses (other than those provided for under
(g) Administrative, extraordinary, and operating expenses; reimbursement of military officers; training of foreign military personnel
Funds made available for the purposes of subchapter II of this chapter or the Arms Export Control Act [
(1) administrative, extraordinary (not to exceed $300,000 in any fiscal year), and operating expenses incurred in furnishing defense articles, military education and training and defense services on a grant or sales basis by the agency primarily responsible for administering subchapter II of this chapter;
(2) reimbursement of actual expenses of military officers detailed or assigned as tour directors in connection with orientation visits of foreign military and related civilian personnel, in accordance with provisions of
(3) maintenance, repair, alteration and furnishing of United States-owned facilities in the District of Columbia or elsewhere for the training of foreign military and related civilian personnel, without regard to the provisions of
(h) Recipient countries to contribute local currencies; utilization of foreign currencies owned by United States
In carrying out programs under this chapter, the President shall take all appropriate steps to assure that, to the maximum extent possible, (1) countries receiving assistance under this chapter contribute local currencies to meet the cost of contractual and other services rendered in conjunction with such programs, and (2) foreign currencies owned by the United States are utilized to meet the costs of such contractual and other services.
(i) Financing motor vehicle transactions; waiver of domestic manufacturing restriction
Notwithstanding section 2399a 1 of this title or any other provision of this chapter, none of the funds made available to carry out this chapter shall be used to finance the purchase, sale, long-term lease, exchange, or guaranty of a sale of motor vehicles unless such motor vehicles are manufactured in the United States: Provided, That where special circumstances exist the President is authorized to waive the provisions of this section in order to carry out the purposes of this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) to (e), (h), and (i), was in the original "this Act", meaning
Section 3651 of the Revised Statutes (
The Foreign Service Act of 1980, referred to in subsec. (a)(14), is
The Food for Peace Act, referred to in subsecs. (a)(17) and (f), is act July 10, 1954, ch. 469,
The Latin American Development Act, as amended, referred to in subsec. (f), is
The Arms Export Control Act, referred to in subsec. (g), is
Codification
In subsec. (a)(2), "section 1346(a) and (c) of title 31" substituted for "section 9 of
In subsec. (g)(3), "
Amendments
2024—Subsec. (a)(17).
2008—Subsec. (f).
2002—Subsec. (a)(17).
1989—Subsec. (g).
1987—Subsec. (c).
1986—Subsec. (a)(5).
Subsec. (g)(2).
1985—Subsec. (a)(14).
1978—Subsec. (a)(5).
Subsec. (c).
Subsecs. (d), (e).
Subsec. (f).
1976—Subsec. (g)(1).
Subsec. (g)(2), (3).
1969—Subsec. (f).
1968—Subsec. (g)(1).
1967—Subsec. (a)(5).
Subsec. (a)(16).
Subsec. (d).
Subsec. (e).
Subsec. (g)(2).
Subsec. (i).
1965—Subsec. (e).
Subsec. (f).
1963—Subsec. (h).
Statutory Notes and Related Subsidiaries
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
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
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Executive Documents
Change of Name
Commissioned Officer Corps of the Environmental Science Services Administration changed to Commissioned Officer Corps of the National Oceanic and Atmospheric Administration, see 1970 Reorg Plan No. 4, §4(d), eff. Oct. 3, 1970, 35 F.R. 15627,
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.
§2396a. Property Management Fund
(a) The proceeds of overseas property acquired by the Agency for International Development under the authority of
(b) The provisions of subsection (a) shall be applicable to property acquired prior to November 5, 1990, and at any time thereafter.
(
Editorial Notes
Codification
Section was enacted as part of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
2014—Subsec. (a).
§2396b. USAID Buying Power Maintenance Account
(1) Consistent with paragraph (2), there is hereby established in the Treasury of the United States the "USAID Buying Power Maintenance Account".
(2) Up to $50,000,000 of expired or unexpired discretionary unobligated balances appropriated for this and for any succeeding fiscal year under the heading "Operating Expenses" may be transferred to, and merged with, the account established pursuant to paragraph (1) not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated: Provided, That amounts deposited in such account shall be available until expended for the purposes of offsetting adverse fluctuations in foreign currency exchange rates or overseas wage and price changes to maintain overseas operations, in addition to such other funds as may be available for such purposes: Provided further, That amounts from such account may be transferred to, and merged with, funds appropriated under titles II and III of this Act or subsequent Acts making appropriations for the Department of State, foreign operations, and related programs for such purposes: Provided further, That any specific designation or restriction contained in this Act or any other provision of law limiting the amounts available that may be obligated or expended shall be deemed to be adjusted to the extent necessary to offset the net effect of fluctuations in foreign currency exchange rates or overseas wage and price changes in order to maintain approved levels: Provided further, That transfers pursuant to this section shall be subject to the regular notification procedures of the Committees on Appropriations.
(
Editorial Notes
References in Text
Titles II and III of this Act, referred to in par. (2), means titles II and III of div. F of
This section, referred to in par. (2), was in the original "this subsection", meaning subsec. (a) of section 7069 of title VII of div. F of
Codification
Section was added as part of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024, and also as part of the Further Consolidated Appropriations Act, 2024, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2397. Administrative expenses
(a) Repealed.
(b) There is authorized to be appropriated such amounts as may be necessary from time to time for administrative expenses which are incurred for functions of the Department of State under this chapter and unrepealed provisions of the Mutual Security Act of 1954, as amended, or for normal functions of the Department of State which relate to such functions.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
The Mutual Security Act of 1954, referred to in subsec. (b), is act Aug. 26, 1954, ch. 937,
Amendments
1978—Subsec. (a).
1973—Subsec. (a).
1972—Subsec. (a).
1969—Subsec. (a).
1968—Subsec. (a).
1967—Subsec. (a).
1966—Subsec. (a).
1965—Subsec. (a).
1964—Subsec. (a).
1963—Subsec. (a).
1962—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Executive Documents
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
§2398. Assistance to countries pursuant to other statutes
(a) No provision of this chapter shall be construed to prohibit assistance to any country pursuant to the Peace Corps Act, as amended [
(b) No provision of this chapter or any other provision of law shall be construed to prohibit assistance for any training activity which is funded under this chapter for Brazil or Argentina as long as such country continues to have a democractically 1 elected government and the assistance is otherwise consistent with
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Peace Corps Act, as amended, referred to in subsec. (a), is
The Mutual Educational and Cultural Exchange Act of 1961, as amended, referred to in subsec. (a), is
The Export-Import Bank Act of 1945, as amended, referred to in subsec. (a), is act July 31, 1945, ch. 341,
Amendments
1987—
1973—
1965—
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
1 So in original. Probably should be "democratically".
§2399. Repealed. Pub. L. 94–161, title I, §101(6), Dec. 20, 1975, 89 Stat. 850
Section,
§§2399–1a, 2399–1b. Transferred
Editorial Notes
Codification
Section 2399–1a,
Section 2399–1b,
§2399a. Repealed. Pub. L. 90–629, ch. 4, §45(a), Oct. 22, 1968, 82 Stat. 1327
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective July 1, 1968, see section 41 of
Savings Provision
Determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of former
§2399b. False claims and ineligible commodities
(a) Penalties; costs
Any person who makes or causes to be made or presents or causes to be presented to any bank or other financial institution or to any officer, agent, or employee of any agency of the United States Government a claim for payment from funds made available under this chapter for the purposes of furnishing assistance and who knows the claim to be false, fraudulent, or fictitious or to cover a commodity or commodity-related service determined by the President to be ineligible for payment from funds made available under this chapter, or who uses to support his claim any certification, statement, or entry on any contract, abstract, bill of lading, Government or commercial invoice, or Government form, which he knows, or in the exercise of prudent business management should know, to contain false, fraudulent, or fictitious information, or who uses or engages in any other fraudulent trick, scheme, or device for the purpose of securing or obtaining, or aiding to secure or obtain, for any person any benefit or payment from funds so made available under this chapter in connection with the negotiation, procurement, award, or performance of a contract financed with funds so made available under this chapter, and any person who enters into an agreement, combination, or conspiracy so to do, (1) shall pay to the United States an amount equal to 25 per centum of any amount thereby sought to be wrongfully secured or obtained but not actually received, and (2) shall forfeit and refund any payment, compensation, loan, commission, or advance received as a result thereof, and (3) shall, in addition, pay to the United States for each such act (A) the sum of $2,000 and double the amount of any damage which the United States may have sustained by reason thereof, or (B) an amount equal to 50 per centum of any such payment, compensation, loan, commission, or advance so received, whichever is the greater, together with the costs of suit.
(b) Recovery of penalties; procedure; finality of withholding of funds; recovery of withheld funds; limitation period
In order to secure recovery under this section, the President may, as he deems appropriate, (1) institute suit in the United States district court for any judicial district in which the person alleged to have performed or participated in an act described by this section may reside or may be found, and (2) upon posting by registered mail to such person a notice of claim describing the basis therefor and identifying the funds to be withheld, withhold from funds owed by any agency of the United States Government to such person an amount equal to the refund, damages, liquidated damages, and exemplary damages claimed by the United States under this section. Any such withholding of funds from any person shall constitute a final determination of the rights and liabilities of such person under this section with respect to the amount so withheld, unless within one year of receiving the notice of claim such person brings suit for recovery, which is hereby authorized, against the United States in any United States district court.
(c) "Person" defined
For purposes of this section, the term "person" includes any individual, corporation, partnership, association, or other legal entity.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Executive Documents
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
§2399c. Coordination of policies and programs
(a) Development Coordination Committee established
The President shall establish a system for coordination of United States policies and programs which affect United States interests in the development of low-income countries. To that end, the President shall establish a Development Coordination Committee which shall advise him with respect to coordination of United States policies and programs affecting the development of the developing countries, including programs of bilateral and multilateral development assistance. The Committee shall include the head of the agency primarily responsible for administering subchapter I of this chapter, Chairman, and representatives of the Departments of State, Treasury, Commerce, Agriculture, Energy, and Labor, the Executive Office of the President, and other executive departments and agencies, as the President shall designate. The Committee shall advise the President concerning the degree to which bilateral and multilateral development assistance should focus on critical problems in those functional sectors which affect the lives of the majority of people in the developing countries: food production; rural development and nutrition; population planning and health; and education, public administration, and human resource development.
(b) Procedures to assure coordination
The President shall prescribe appropriate procedures to assure coordination among—
(1) the various departments and agencies of the United States Government having representatives in diplomatic missions abroad; and
(2) representatives of the United States Government in each country, under the direction of the Chief of the United States Diplomatic Mission.
The President shall keep the Congress advised of his actions under this subsection.
(c) Guidance of Secretary of State
Programs authorized by this chapter shall be undertaken with the foreign policy guidance of the Secretary of State.
(d) Repealed. Pub. L. 95–424, title V, §502(d)(1), Oct. 6, 1978, 92 Stat. 959
(e) Temporary assignment of employees
The head of any of the departments or agencies referred to in subsection (a) may temporarily assign, upon the request of the Chairman, any employee from such department or agency to the staff of the Committee.
(f) Studies
To carry out the purposes of subsection (a), the Committee shall—
(1) prepare studies on various development problems;
(2) devise implementation strategies on developmental problems appropriate to each such department or agency;
(3) monitor and evaluate the results of the development activities of each such department or agency; and
(4) arrange for the exchange of information and studies between such agencies and departments.
(
Editorial Notes
Amendments
1981—Subsec. (g).
1979—Subsec. (a).
1978—Subsec. (d).
Subsec. (g).
1977—Subsec. (a).
Subsec. (d).
Subsecs. (e) to (g).
Statutory Notes and Related Subsidiaries
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
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See
Executive Documents
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
§2399d. Shipping differential
For the purpose of facilitating implementation of
(
Editorial Notes
Codification
In text, "
Amendments
1980—
Statutory Notes and Related Subsidiaries
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
Part III—Miscellaneous Provisions
§2401. Effective date; identification of programs
This chapter shall take effect on September 4, 1961. Programs under this chapter shall be identified appropriately overseas as "American Aid".
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
USAID Branding Modernization
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'USAID Branding Modernization Act'.
"SEC. 2. AUTHORIZATION FOR BRANDING.
"(a)
"(b)
Executive Documents
Executive Order No. 13964
Ex. Ord. No. 13964, Dec. 10, 2020, 85 F.R. 81333, which related to rebranding United States foreign assistance to advance American influence, was revoked by Ex. Ord. No. 14029, §1, May 14, 2021, 86 F.R. 27025.
§2402. Saving provisions
(a) Determinations, authorizations, regulations, orders, contracts, agreements, etc., under prior law
Except as may be expressly provided to the contrary in this chapter, all determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law repealed by section 642(a) and the Foreign Assistance Act of 1969 shall continue in full force and effect until modified by appropriate authority.
(b) Compliance with similar provisions of prior law as compliance with this chapter
Wherever provisions of this chapter establish conditions which must be complied with before use may be made of authority contained in, or funds authorized by, this chapter, compliance with, or satisfaction of, substantially similar conditions under Acts listed in section 642(a) and the Foreign Assistance Act of 1969 or Acts repealed by those Acts shall be deemed to constitute compliance with the conditions established by this chapter.
(c) Continued availability of funds appropriated pursuant to prior law
Funds made available pursuant to provisions of law repealed by section 642(a)(2) and the Foreign Assistance Act of 1969 shall, unless otherwise authorized or provided by law, remain available for their original purposes in accordance with the provisions of law originally applicable thereto, or in accordance with the provisions of law currently applicable to those purposes.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning
Section 642(a), referred to in text, means section 642(a) of
The Foreign Assistance Act of 1969, referred to in subsecs. (a) to (c), is
Amendments
1969—Subsec. (a).
1962—Subsec. (d).
§2403. Definitions
As used in this chapter—
(a) "Agency of the United States Government" includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States Government.
(b) "Armed Forces" of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(c) "Commodity" includes any material, article, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance.
(d) "Defense article" includes—
(1) any weapon, weapons system, munition, aircraft, vessel, boat or other implement of war;
(2) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance;
(3) any machinery, facility, tool, material supply, or other item necessary for the manufacture, production, processing repair, servicing, storage, construction, transportation, operation, or use of any article listed in this subsection; or
(4) any component or part of any article listed in this subsection; but
shall not include merchant vessels or, as defined by the Atomic Energy Act of 1954, as amended (
(e) "Defense information" includes any document, writing, sketch, photograph, plan, model, specification, design, prototype, or other recorded or oral information relating to any defense article or defense service, but shall not include Restricted Data as defined by the Atomic Energy Act of 1954, as amended [
(f) "Defense service" includes any service, test, inspection, repair, publication, or technical or other assistance or defense information used for the purposes of furnishing military assistance, but does not include military educational and training activities under part V of subchapter II of this chapter.
(g) "Excess defense articles" means the quantity of defense articles (other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors) owned by the United States Government, and not procured in anticipation of military assistance or sales requirements, or pursuant to a military assistance or sales order, which is in excess of the Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations under this chapter.
(h) "Function" includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.
(i) Repealed.
(j) "Officer or employee" means civilian personnel and members of the Armed Forces of the United States Government.
(k) "Services" include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance.
(l) "Surplus agricultural commodity" means any agricultural commodity or product thereof, class, kind, type, or other specification thereof, produced in the United States, either publicly or privately owned, which is in excess of domestic requirements, adequate carryover, and anticipated exports for United States dollars, as determined by the Secretary of Agriculture.
(m) "Value" means—
(1) with respect to an excess defense article, the actual value of the article plus the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying the article, except that for purposes of
(2) with respect to a nonexcess defense article delivered from inventory to foreign countries or international organizations under this chapter, the acquisition cost to the United States Government, adjusted as appropriate for condition and market value;
(3) with respect to a nonexcess defense article delivered from new procurement to foreign countries or international organizations under this chapter, the contract or production costs of such article;
(4) with respect to a defense service, the cost to the United States Government of such service; and
(5) with respect to military education and training or services provided under part VIII of subchapter II of this chapter, the additional costs that are incurred by the United States Government in furnishing such assistance.
(n) "Military education and training" includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aids, orientation, and military advice to foreign military units and forces.
(o) "Agriculture" includes aquaculture and fisheries.
(p) "Farmers" includes fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters.
(q) "Major non-NATO ally" means a country which is designated in accordance with
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Atomic Energy Act of 1954, as amended, referred to in subsecs. (d) and (e), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
The Arms Export Control Act, referred to in subsec. (q), is
Codification
The 1983 amendment by
Amendments
1996—Subsec. (q).
1992—Subsec. (g).
1983—Subsec. (m)(5).
1980—Subsec. (m)(5).
1979—Subsec. (d).
1978—Subsecs. (o), (p).
1976—Subsec. (f).
Subsec. (n).
1973—Subsec. (g).
Subsec. (i).
Subsec. (m).
"(1) with respect to excess defense articles, the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such articles;
"(2) with respect to nonexcess defense articles delivered from inventory to countries or international organizations under this chapter, the standard price in effect at the time such articles are dropped from inventory by the supplying agency. Such standard price shall be the same price (including authorized reduced prices) used for transfers or sales of such articles in or between the Armed Forces of the United States Government, or, where such articles are not transferred or sold in or between the Armed Forces of the United States, the gross cost to the United States Government adjusted as appropriate for condition and market value; and
"(3) with respect to nonexcess defense articles delivered from new procurement to countries or international organizations under this chapter, the contract or production costs of such articles.
Military assistance programs and orders shall be based upon the best estimates of stock status and prevailing prices; reimbursements to the supplying agency shall be made on the basis of the stock status and prices determined pursuant to this section. Notwithstanding the foregoing provisions of this section, the Secretary of Defense may prescribe regulations authorizing reimbursements to the supplying agency based on negotiated prices for aircraft, vessels, plant equipment, and such other major items as he may specify: Provided, That such articles are not excess at the time such prices are negotiated: Provided further, That such prices are negotiated at the time firm orders are placed with the supplying agency."
1972—Subsec. (m).
1968—Subsec. (m).
1967—Subsec. (d).
Subsec. (e).
Subsec. (f).
1965—Subsec. (g).
Subsec. (m).
1963—Subsec. (f).
1962—Subsec. (m)(2), (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
§2404. Unexpended balances
Unexpended balances of funds made available pursuant to this chapter, the Mutual Security Act of 1954, as amended, or the Latin American Development Act, as amended, are hereby authorized to be continued available for the general purposes for which appropriated, and may at any time be consolidated, and, in addition, may be consolidated with appropriations made available for the same general purposes under the authority of this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Mutual Security Act of 1954, referred to in text, is act Aug. 26, 1954, ch. 937,
The Latin American Development Act, as amended, referred to in text, is
Amendments
1965—
1963—
1962—
§2405. Separability
If any provision of this chapter or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this chapter, and of the applicability of such provision to other circumstances or persons shall not be affected thereby.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§2406. Development programs for dependable fuel supplies
It is of paramount importance that long-range economic plans take cognizance of the need for a dependable supply of fuels, which is necessary to orderly and stable development and growth, and that dependence not be placed upon sources which are inherently hostile to free countries and the ultimate well-being of economically underdeveloped countries and which might exploit such dependence for ultimate political domination. The agencies of government in the United States are directed to work with other countries in developing plans for basing development programs on the use of the large and stable supply of relatively low cost fuels available in the free world.
(
Statutory Notes and Related Subsidiaries
Prohibition on Assistance for Nuclear Powerplants for Fiscal Year 1978
Nuclear Powerplants in Israel or Egypt
§2407. Special authorization for use of foreign currencies
Subject to the provisions of
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Codification
"
Executive Documents
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
§2408. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2409. Use of United States Armed Forces
The furnishing of economic, military, or other assistance under this chapter shall not be construed as creating a new commitment or as affecting any existing commitment to use Armed Forces of the United States for the defense of any foreign country.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§2410. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2410a. Repealed. Pub. L. 97–113, title VII, §734(a)(15), Dec. 29, 1981, 95 Stat. 1560
Section,
§2411. Limitation upon exercise of special authorities
The President shall not exercise any special authority granted to him under
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1996—
1985—
1980—
1972—
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
Funds Not To Be Used To Finance Introduction of United States Ground Combat Troops Into Cambodia or Provide Advisers for Security or Intelligence Forces in Cambodia; Assistance to Cambodia Not To Be Construed as Commitment by United States to Cambodia for Its Defense
"(a) In line with the expressed intention of the President of the United States, none of the funds authorized or appropriated pursuant to this or any other Act may be used to finance the introduction of United States ground combat troops into Cambodia, or to provide United States advisers to or for military, paramilitary, police, or other security or intelligence forces in Cambodia.
"(b) Military and economic assistance provided by the United States to Cambodia and authorized or appropriated pursuant to this or any other Act shall not be construed as a commitment by the United States to Cambodia for its defense."
Executive Documents
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
§2412. Limitation on foreign assistance appropriations
(a) Restrictions on appropriations in absence of or in excess of prior authorizations
Notwithstanding any provision of law enacted before January 12, 1971, no money appropriated for foreign assistance (including foreign military sales) shall be available for obligation or expenditure—
(1) unless the appropriation thereof has been previously authorized by law; or
(2) in excess of an amount previously prescribed by law.
(b) Exception
To the extent that legislation enacted after the making of an appropriation for foreign assistance (including foreign military sales) authorizes the obligation or expenditure thereof, the limitation contained in subsection (a) shall have no effect.
(c) Specific repeal or modification of section
The provisions of this section shall not be superseded except by a provision of law enacted after January 12, 1971, which specifically repeals or modifies the provisions of this section.
(
Editorial Notes
Codification
Section was not enacted as part of
§2413. Changes in allocation of foreign assistance
(a) Notification by President to foreign country
Not later than thirty days after the enactment of any law appropriating funds to carry out any provision of this chapter (other than
(b) Application of provisions to continuing appropriations; waiver of provisions
The provisions of this section shall not apply in the case of any law making continuing appropriations and may not be waived under the provisions of
(
Editorial Notes
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
1985—Subsec. (a).
Subsecs. (b), (c).
1978—Subsec. (b).
1974—Subsec. (a).
Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
Executive Documents
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
§2414. Presidential findings and determinations
(a) Report to Congress
In any case in which the President is required to make a report to the Congress, or to any committee or officer of either House of Congress, concerning any finding or determination under any provision of this chapter, the Foreign Military Sales Act [
(b) Action prohibition prior to execution of report
No action shall be taken pursuant to any such finding or determination prior to the date on which that finding or determination has been reduced to writing and signed by the President.
(c) Publication in Federal Register
Each such finding or determination shall be published in the Federal Register as soon as practicable after it has been reduced to writing and signed by the President. In any case in which the President concludes that such publication would be harmful to the national security of the United States, only a statement that a determination or finding has been made by the President, including the name and section of the Act under which it was made, shall be published.
(d) Information accessible to Congress prior to transmission of report
No committee or officer of either House of Congress shall be denied any requested information relating to any finding or determination which the President is required to report to the Congress, or to any committee or officer of either House of Congress, under any provision of this chapter, the Foreign Military Sales Act [
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (d), was in the original "this Act", meaning
The Foreign Military Sales Act, referred to in subsecs. (a) and (d), is
Executive Documents
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
§2414a. Annual report to Congress on voting practices at United Nations
(a) In general
Not later than March 31 of each year, the Secretary of State shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a full and complete annual report which assesses for the preceding calendar year, with respect to each foreign country member of the United Nations, the voting practices of the governments of such countries at the United Nations, and which evaluates General Assembly and Security Council actions and the responsiveness of those governments to United States policy on issues of special importance to the United States.
(b) Information on voting practices in United Nations
Such report shall include, with respect to voting practices and plenary actions in the United Nations during the preceding calendar year, information to be compiled and supplied by the Permanent Representative of the United States to the United Nations, consisting of—
(1) an analysis and discussion, prepared in consultation with the Secretary of State, of the extent to which member countries supported United States policy objectives at the United Nations;
(2) an analysis and discussion, prepared in consultation with the Secretary of State, of actions taken by the United Nations by consensus;
(3) with respect to plenary votes of the United Nations General Assembly—
(A) a listing of all such votes on issues which directly affected important United States interests and on which the United States lobbied extensively and a brief description of the issues involved in each such vote;
(B) a listing of the votes described in subparagraph (A) which provides a comparison of the vote cast by each member country with the vote cast by the United States;
(C) a country-by-country listing of votes described in subparagraph (A); and
(D) a listing of votes described in subparagraph (A) displayed in terms of United Nations regional caucus groups;
(4) a listing of all plenary votes cast by member countries of the United Nations in the General Assembly which provides a comparison of the votes cast by each member country with the vote cast by the United States, including a separate listing of all plenary votes cast by member countries of the United Nations in the General Assembly on resolutions specifically related to Israel that are opposed by the United States;
(5) an analysis and discussion, prepared in consultation with the Secretary of State, of the extent to which other members supported United States policy objectives in the Security Council and a separate listing of all Security Council votes of each member country in comparison with the United States; and
(6) a side-by-side comparison of agreement on important and overall votes for each member country and the United States.
(c) Format
Information required pursuant to subsection (b)(3) shall also be submitted, together with an explanation of the statistical methodology, in a format identical to that contained in chapter II of the Report to Congress on Voting Practices in the United Nations, dated March 14, 1988.
(d) Statement by Secretary of State
Each report under subsection (a) shall contain a statement by the Secretary of State discussing the measures which have been taken to inform United States diplomatic missions of United Nations General Assembly and Security Council activities.
(
Editorial Notes
Codification
Section is comprised of section 406 of
Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
2004—Subsec. (b)(4).
Statutory Notes and Related Subsidiaries
Similar Provisions
Similar provisions were contained in the following prior appropriation acts:
Statement of Policy on Member State's Voting Practices at the United Nations
Requirement for Disclosure of Foreign Aid in Report of Secretary of State
§2415. Annual military assistance report
(a) Report required
Not later than February 1 of each year, the President shall transmit to the Congress an annual report for the fiscal year ending the previous September 30.
(b) Information relating to military assistance and military exports
Each such report shall show the aggregate dollar value and quantity of defense articles (including excess defense articles), defense services, and international military education and training activities authorized by the United States and of such articles, services, and activities provided by the United States, excluding any activity that is reportable under title V of the National Security Act of 1947 [
(1) were furnished by grant under part II or part V of subchapter II of this chapter or under any other authority of law or by sale under
(2) were furnished with the financial assistance of the United States Government, including through loans and guarantees; or
(3) were licensed for export under section 38 of the Arms Export Control Act [
(c) Availability on Internet
All unclassified portions of such report shall be made available to the public on the Internet through the Department of State.
(
Editorial Notes
References in Text
The National Security Act of 1947, referred to in subsec. (b), is act July 26, 1947, ch. 343,
The Arms Export Control Act, referred to in subsec. (b)(1), is
Prior Provisions
A prior section 2415,
Amendments
2002—Subsec. (b)(3).
Subsecs. (c), (d).
2000—Subsec. (b)(3).
1999—Subsec. (b).
"(1) were furnished by grant under part II or part V of subchapter II of this chapter or under any other authority of law or by sale under
"(2) were licensed for export under section 38 of the Arms Export Control Act."
Subsec. (d).
1996—
"(a)
"(b)
"(c)
Executive Documents
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
§2416. Annual foreign military training report
(a) Annual report
(1) In general
Not later than January 31 of each year, the Secretary of Defense and the Secretary of State shall jointly prepare and submit to the appropriate congressional committees a report on all military training provided to foreign military personnel by the Department of Defense and the Department of State during the previous fiscal year and all such training proposed for the current fiscal year.
(2) Exception for certain countries
Paragraph (1) does not apply to any NATO member, Australia, Japan, or New Zealand, unless one of the appropriate congressional committees has specifically requested, in writing, inclusion of such country in the report. Such request shall be made not later than 90 calendar days prior to the date on which the report is required to be transmitted.
(b) Contents
The report described in subsection (a) shall include the following:
(1) For each military training activity, the foreign policy justification and purpose for the activity, the number of foreign military personnel provided training and their units of operation, and the location of the training.
(2) For each country, the aggregate number of students trained and the aggregate cost of the military training activities.
(3) With respect to United States personnel, the operational benefits to United States forces derived from each military training activity and the United States military units involved in each activity.
(c) Form
The report described in subsection (a) shall be in unclassified form but may include a classified annex.
(d) Availability on Internet
All unclassified portions of the report described in subsection (a) shall be made available to the public on the Internet through the Department of State.
(e) Definition
In this section, the term "appropriate congressional committees" means—
(1) the Committee on Appropriations and the Committee on International Relations of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.
(
Editorial Notes
Prior Provisions
A prior section 2416,
Amendments
2002—Subsec. (a).
Statutory Notes and Related Subsidiaries
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.
§2417. Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
Section,
Editorial Notes
Prior Provisions
A prior section 2417,
§2418. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2419. Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
Section,
§2420. Police training prohibition
(a) Effective date of prohibition
On and after July 1, 1975, none of the funds made available to carry out this chapter, and none of the local currencies generated under this chapter, shall be used to provide training or advice, or provide any financial support, for police, prisons, or other law enforcement forces for any foreign government or any program of internal intelligence or surveillance on behalf of any foreign government within the United States or abroad.
(b) Exception; qualification
Subsection (a) of this section shall not apply—
(1) with respect to assistance rendered under section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968,1 with respect to any authority of the Drug Enforcement Administration or the Federal Bureau of Investigation which relates to crimes of the nature which are unlawful under the laws of the United States, or with respect to assistance authorized under
(2) to any contract entered into prior to December 30, 1974, with any person, organization, or agency of the United States Government to provide personnel to conduct, or assist in conducting, any such program;
(3) with respect to assistance, including training, in maritime law enforcement and other maritime skills;
(4) with respect to assistance provided to police forces in connection with their participation in the regional security system of the Eastern Caribbean states; or 2
(5) with respect to assistance, including training, relating to sanctions monitoring and enforcement;
(6) with respect to assistance provided to reconstitute civilian police authority and capability in the post-conflict restoration of host nation infrastructure for the purposes of supporting a nation emerging from instability, and the provision of professional public safety training, to include training in internationally recognized standards of human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democracy;
(7) with respect to assistance provided to customs authorities and personnel, including training, technical assistance and equipment, for customs law enforcement and the improvement of customs laws, systems and procedures.
Notwithstanding clause (2), subsection (a) shall apply to any renewal or extension of any contract referred to in such paragraph entered into on or after December 30, 1974.
(c) Country with longstanding democratic tradition, etc.
Subsection (a) shall not apply with respect to a country which has a longstanding democratic tradition, does not have standing armed forces, and does not engage in a consistent pattern of gross violations of internationally recognized human rights.
(d) Assistance to Honduras or El Salvador
Notwithstanding the prohibition contained in subsection (a) assistance may be provided to Honduras or El Salvador for fiscal years 1986 and 1987 if, at least 30 days before providing assistance, the President notifies the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, in accordance with the procedures applicable to reprogramming notifications pursuant to
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (b)(1), is section 515(c) of title I of
Amendments
1999—Subsec. (b)(7).
1996—Subsec. (b)(5), (6).
1990—Subsec. (b)(4).
1985—Subsec. (b)(3).
Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
Exemption of Narcotics-Related Military Assistance for Specific Fiscal Years From Prohibition on Assistance for Law Enforcement Agencies
"(a)
"(1) transfers of excess defense articles under section 517 of that Act (
"(2) funds made available for the 'Foreign Military Financing Program' under section 23 of the Arms Export Control Act (
"(3) international military education and training under
"(b)
"(c)
Executive Documents
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 to Public Security Forces of El Salvador; Delegation of Functions
Determination of President of the United States, No. 86–2, Oct. 29, 1985, 50 F.R. 48073, provided:
Memorandum for the Honorable George P. Shultz, the Secretary of State
Pursuant to Section 660(d) of the Foreign Assistance Act of 1961, as amended [
You are requested to report this determination to the Congress immediately, together with a full description of the assistance to be provided and of the purposes to which it is to be directed. None of the assistance so provided shall be furnished until 30 days after such a report has been made, as required by law.
I hereby delegate to the Secretary of State authority to make such determinations and reports as called for in the future under Section 660(d).
This determination shall be published in the Federal Register.
Ronald Reagan.
1 See References in Text note below.
2 So in original. The word "or" probably should appear at end of par. (6).
§2421. Trade and Development Agency
(a) Purpose
The Trade and Development Agency shall be an agency of the United States under the foreign policy guidance of the Secretary of State. The purpose of the Trade and Development Agency is to promote United States private sector participation in development projects in developing and middle-income countries, with special emphasis on economic sectors with significant United States export potential, such as energy, transportation, telecommunications, and environment.
(b) Authority to provide assistance
(1) Authority
The Director of the Trade and Development Agency is authorized to work with foreign countries, including those in which the United States development programs have been concluded or those not receiving assistance under subchapter I of this chapter, to carry out the purpose of this section by providing funds for feasibility studies, architectural and engineering design, and other activities related to development projects which provide opportunities for the use of United States exports.
(2) Use of funds
Funds under this section may be used to provide support for feasibility studies for the planning, development, and management of, and procurement for, bilateral and multilateral development projects, including training activities undertaken in connection with a project, for the purpose of promoting the use of United States goods and services in such projects. Funds under this section may also be used for architectural and engineering design, including—
(A) concept design, which establishes the basic technical and operational criteria for a project, such as architectural drawings for a proposed facility, evaluation of site constraints, procurement requirements, and equipment specifications; and
(B) detail design, which sets forth specific dimensions and criteria for structural, mechanical, electrical, and architectural operations, and identifies other resources required for project operations.
(3) Information dissemination
(A) The Trade and Development Agency shall disseminate information about its project activities to the private sector.
(B) Other agencies of the United States Government shall cooperate with the Trade and Development Agency in order for the Agency to provide more effectively informational services to persons in the private sector concerning trade development and export promotion related to development projects.
(4) Nonapplicability of other provisions
Any funds used for purposes of this section may be used notwithstanding any other provision of law.
(5) Contributions to costs
The Trade and Development Agency shall, to the maximum extent practicable, require corporations and other entities to—
(A) share the costs of feasibility studies and other project planning services funded under this section; and
(B) reimburse the Trade and Development Agency those funds provided under this section, if the corporation or entity concerned succeeds in project implementation.
(c) Director and personnel
(1) Director
There shall be at the head of the Trade and Development Agency a Director who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Officers and employees
(A) The Director may appoint such officers and employees of the Trade and Development Agency as the Director considers appropriate.
(B) The officers and employees appointed under this paragraph shall have such functions as the Director may determine.
(C) Of the officers and employees appointed under this paragraph, 2 may be appointed without regard to the provisions of title 5, governing appointments in the competitive service, and may be compensated without regard to the provisions of
(D) Under such regulations as the President may prescribe, any individual appointed under subparagraph (C) may be entitled, upon removal (except for cause) from the position to which the appointment was made, to reinstatement to the position occupied by that individual at the time of appointment or to a position of comparable grade and pay.
(d) Annual report
The President shall, not later than December 31 of each year, submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the activities of the Trade and Development Agency in the preceding fiscal year.
(e) Audits
(1) In general
The Trade and Development Agency shall be subject to the provisions of
(2) Independent audit
An independent certified public accountant shall perform a financial and compliance audit of the financial statements of the Trade and Development Agency each year, in accordance with generally accepted Government auditing standards for a financial and compliance audit, taking into consideration any standards recommended by the Comptroller General. The independent certified public accountant shall report the results of such audit to the Director of the Trade and Development Agency. The financial statements of the Trade and Development Agency shall be presented in accordance with generally accepted accounting principles. These financial statements and the report of the accountant shall be included in a report which contains, to the extent applicable, the information identified in
(3) Audit by Comptroller General
In lieu of the financial and compliance audit required by paragraph (2), the Comptroller General shall, if the Comptroller General considers it necessary or upon the request of the Congress, audit the financial statements of the Trade and Development Agency in the manner provided in paragraph (2).
(4) Availability of information
All books, accounts, financial records, reports, files, workpapers, and property belonging to or in use by the Trade and Development Agency and the accountant who conducts the audit under paragraph (2), which are necessary for purposes of this subsection, shall be made available to the representatives of the Government Accountability Office designated by the Comptroller General.
(f) Funding
(1) Authorization
(A) There are authorized to be appropriated for purposes of this section, in addition to funds otherwise available for such purposes, $79,500,000 for fiscal year 2020 and such sums as may be necessary for each fiscal year thereafter.
(B) Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended.
(2) Funding for technical assistance grants by multilateral development banks
(A) The Trade and Development Agency should, in carrying out its program, provide, as appropriate, funds to multilateral development banks for technical assistance grants.
(B) As used in subparagraph (A)—
(i) the term "technical assistance grants" means funding by multilateral development banks of services from the United States in connection with projects and programs supported by such banks, including, but not limited to, engineering, design, and consulting services; and
(ii) the term "multilateral development bank" has the meaning given that term in
(
Editorial Notes
Amendments
2019—
2004—Subsec. (e)(4).
1999—Subsec. (a).
Subsec. (b)(5).
Subsec. (f)(1)(A).
Subsec. (f)(2)(A).
1994—Subsec. (f)(1).
1992—
1988—Subsec. (a).
Subsecs. (b) to (d).
1985—Subsec. (b).
1981—
1980—
1979—
1978—
1977—
1975—
Statutory Notes and Related Subsidiaries
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
Change of Name
"(a)
"(e)
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Appointment of Present Director Not Affected
Trade and Development Program Activities for Poland and Hungary
Trade and Development Program; Reaffirmation of Support
Executive Documents
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
§2421a. Capital projects office within Agency for International Development
(a) Establishment of office
The Administrator of AID shall establish a capital projects office to carry out the purposes described in subsection (b).
(b) Purposes of office
The purposes referred to in subsection (a) are—
(1) to develop an AID program that would focus solely on developmentally sound capital projects, taking into consideration development needs of the host country and the export opportunities for the United States; and
(2) to consider specifically opportunities for United States high-technology firms, including small- and medium-sized firms, in supporting capital projects for developing countries and for countries making the transition from nonmarket to market economies.
(c) Activities of AID
The Administrator of AID (acting through the capital projects office), in coordination with the appropriate members of the Trade Promotion Coordination Committee—
(1) shall support capital projects in developing countries and in countries making the transition from nonmarket to market economies;
(2) shall periodically review infrastructure needs in developing countries and countries making the transition from nonmarket to market economies and shall explore opportunities for United States firms in the development of new capital projects in these countries, keeping both United States firms and the Congress informed of these reviews;
(3) shall ensure that each capital project for which AID provides funding is developmentally sound, as determined under the criteria developed by the Development Assistance Committee of the Organization for Economic Cooperation and Development;
(4) shall coordinate its activities with other AID offices, and work with AID country missions, in developing capital projects that provide opportunities for United States firms consistent with AID's primary mission to help developing countries with traditional development projects;
(5) shall coordinate, where appropriate, funds available to AID for tied-aid purposes; and
(6) shall play a special role in helping to meet the infrastructure needs of countries making the transition from nonmarket to market economies by meeting the challenge of infrastructure assistance provided by foreign governments to those countries, including by undertaking a comprehensive study of the infrastructure needs of the various countries making the transition from nonmarket to market economies—
(A) to identify those sectors in the economies of these countries that are most in need of rebuilding, and
(B) to identify the state of technology in these countries and the opportunity for United States high technology firms to help develop a technological infrastructure in these countries, including an assessment of export opportunities for United States high technology companies.
The results of the study conducted pursuant to paragraph (6) shall be reported to the appropriate congressional committees within 12 months after October 28, 1992.
(
Editorial Notes
Codification
Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Short Title of 1992 Amendment
Reports to Congress on Capital Projects
Report on Feasibility of AID Credit Guarantees To Finance Capital Projects
§2421b. Capital projects for poverty alleviation and environmental safety and sustainability
(a) Purposes
The Administrator of AID shall develop a program, in accordance with subsection (b), that focuses on developmentally sound capital projects for basic infrastructure that will measurably alleviate the worst manifestations of poverty or directly promote environmental safety and sustainability at the community level, taking into consideration development needs of the host country and export opportunities for services and goods from the United States.
(b) Activities of AID
In order to carry out subsection (a), the Administrator of AID shall, working with AID technical support staff, regional bureau staff, and country missions, identify and provide funding for capital projects to alleviate the worst manifestations of poverty or to promote environmental safety and sustainability at the community level in countries receiving assistance under part I of the Foreign Assistance Act of 1961 [
(
Editorial Notes
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (b), is
Codification
Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2421c. Coordination
The President shall use the Trade Promotion Coordination Committee to coordinate activities under
(
Editorial Notes
References in Text
Codification
Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2421d. Funding for capital projects
(a) Funding level
The Congress strongly urges the President to use at least $650,000,000 for fiscal year 1993 and at least $700,000,000 for fiscal year 1994 of the total amounts made available for assistance under
(b) Development assistance capital projects
Funds appropriated to carry out
(
Editorial Notes
References in Text
The Foreign Assistance Act of 1961, referred to in subsecs. (a) and (b), is
The Support for East European Democracy (SEED) Act of 1989, referred to in subsec. (a), is
The Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, referred to in subsec. (a), is
Codification
Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2421e. Definitions
For purposes of
(1) the term "AID" means the Agency for International Development; and
(2) the term "capital project" means a project involving the construction, expansion, alteration of, or the acquisition of equipment for, a physical facility or physical infrastructure, including related engineering design (concept and detail) and other services, the procurement of equipment (including any related services), and feasibility studies or similar engineering and economic services.
(
Editorial Notes
References in Text
Codification
Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2421f. Sustainability requirements for certain capital projects in connection with overseas contingency operations
(a) Limitation
(1) In general
Commencing 60 days after January 2, 2013—
(A) amounts authorized to be appropriated for the Department of Defense may not be obligated or expended for a capital project described in subsection (b) unless the Secretary of Defense, in consultation with the United States commander of military operations in the country in which the project will be carried out, completes an assessment on the necessity and sustainability of the project;
(B) amounts authorized to be appropriated for the Department of State may not be obligated or expended for a capital project described in subsection (b) unless the Secretary of State, in consultation with the Chief of Mission in the country in which the project will be carried out, completes an assessment on the necessity and sustainability of the project; and
(C) amounts authorized to be appropriated for the United States Agency for International Development may not be obligated or expended for a capital project described in subsection (b) unless the Administrator of the United States Agency for International Development, in consultation with the Mission Director and the Chief of Mission in the country in which the project will be carried out, completes an assessment on the necessity and sustainability of the project.
(2) Elements
Each assessment on a capital project under this subsection shall include, but not be limited to, the following:
(A) An estimate of the total cost of the completed project to the United States.
(B) An estimate of the financial and other requirements necessary for the host government to sustain the project on an annual basis after completion of the project.
(C) An assessment whether the host government has the capacity (in both financial and human resources) to maintain and use the project after completion.
(D) A description of any arrangements for the sustainment of the project following its completion if the host government lacks the capacity (in financial or human resources) to maintain the project.
(E) An assessment whether the host government has requested or expressed its need for the project, and an explanation of the decision to proceed with the project absent such request or need.
(F) An assessment by the Secretary of Defense, where applicable, of the effect of the project on the military mission of the United States in the country concerned.
(b) Covered capital projects
(1) In general
Except as provided in paragraph (2), a capital project described in this subsection is any capital project overseas for an overseas contingency operation for the benefit of a host country and funded by the Department of Defense, the Department of State, or the United States Agency for International Development, as applicable, if the capital project—
(A) in the case of a project that directly supports building the capacity of indigenous security forces in the host country, has an estimated value in excess of $10,000,000;
(B) in the case of any project not covered by subparagraph (A) that is to be funded by the Department of State or the United States Agency for International Development, has an estimated value in excess of $5,000,000; or
(C) in the case of any other project, has an estimated value in excess of $2,000,000.
(2) Exclusion
A capital project described in this subsection does not include any project for military construction (as that term is defined in
(c) Waiver
The Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development, as applicable, may waive the limitation in subsection (a) in order to initiate a capital project if such Secretary or the Administrator, as the case may be, determines that the project is in the national security, diplomatic, or humanitarian interests of the United States. In the first report submitted under subsection (d) after any waiver under this subsection, such Secretary or the Administrator shall include a detailed justification of such waiver. Not later than 90 days after issuing a waiver under this subsection, such Secretary or the Administrator shall submit to the appropriate committees of Congress the assessment described in subsection (a) with respect to the capital project concerned.
(d) Semi-annual reports
(1) In general
Not later than 30 days after the end of any fiscal-year half-year in which the Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development conducts an assessment under subsection (a), such Secretary or the Administrator, as the case may be, shall submit to the appropriate committees of Congress a report setting forth each assessment so conducted during such fiscal-year half-year, including the elements of each capital project so assessed specified in subsection (a)(2).
(2) Additional elements
In addition to the matters provided for in paragraph (1), each report under that paragraph shall include the following:
(A) For each capital project covered by such report, an evaluation (other than by amount of funds expended) of the effectiveness of such project, including, at a minimum, the following:
(i) The stated goals of the project.
(ii) The actions taken to assess and verify whether the project has met the stated goals of the project or is on track to meet such goals when completed.
(iii) The current and anticipated levels of involvement of local governments, communities, and individuals in the project.
(B) For each country or region in which a capital project covered by such report is being carried out, an assessment of the current and anticipated risks of corruption or fraud in connection with such project.
(3) Form
Each report shall be submitted in unclassified form, but may include a classified annex.
(e) Definitions
In this section:
(1) The term "appropriate committees of Congress" means—
(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.
(2) The term "capital project" has the meaning given that term in
(3) The term "overseas contingency operation" means a military operation outside the United States and its territories and possessions that is a contingency operation (as that term is defined in
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§2422. Repealed. Pub. L. 102–88, title VI, §601, Aug. 14, 1991, 105 Stat. 441
Section,
§2423. Exchanges of certain materials
(a) Agreement for necessary or strategic raw material; definition
Notwithstanding any other provision of law, whenever the President determines it is in the United States national interest, he shall furnish assistance under this chapter or shall furnish defense articles or services under the Foreign Military Sales Act [
(b) Allocation of raw materials to Federal agencies
The President shall allocate any necessary or strategic raw material transferred to the United States under this section to any appropriate agency of the United States Government for stockpiling, sale, transfer, disposal, or any other purpose authorized by law.
(c) Deposits in United States Treasury of funds from disposal of materials
Funds received from any disposal of materials under subsection (b) shall be deposited as miscellaneous receipts in the United States Treasury.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Foreign Military Sales Act, referred to in subsec. (a), is
Executive Documents
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
§2424. Repealed. Pub. L. 95–88, title I, §123(c), Aug. 3, 1977, 91 Stat. 541
Section,
§2425. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2426. Discrimination against United States personnel
(a) Assignment of personnel on basis of ability and experience
The President shall not take into account, in assigning officers and employees of the United States to carry out any economic development assistance programs funded under this chapter in any foreign country, the race, religion, national origin, or sex of any such officer or employee. Such assignments shall be made solely on the basis of ability and relevant experience.
(b) Prohibition on use of funds in country practicing discrimination
Effective six months after December 20, 1975, or on such earlier date as the President may determine, none of the funds made available under this chapter may be used to provide economic development assistance to any country which objects to the presence of any officer or employee of the United States who is present in such country for the purpose of carrying out any program of economic development assistance authorized by the provisions of this chapter on the basis of the race, religion, national origin, or sex of such officer or employee.
(c) Rules and regulations
The Secretary of State shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of this section.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning
Executive Documents
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
§2427. Operating expenses
(a) Authorization of appropriations
There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes—
(1) $387,000,000 for fiscal year 1986 and $387,000,000 for fiscal year 1987 for necessary operating expenses of the agency primarily responsible for administering subchapter I of this chapter, of which $21,750,000 for the fiscal year 1987 is authorized for the necessary operating expenses of the Office of the Inspector General of the Agency for International Development and the remaining amount for the fiscal year is authorized for other necessary operating expenses of that agency; and
(2) such amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs of such agency.
(b) Continuing availability of funds
Amounts appropriated under this section are authorized to remain available until expended.
(
Editorial Notes
Amendments
1986—Subsec. (a)(1).
1985—Subsec. (a)(1).
1981—Subsec. (a).
1980—Subsec. (a).
1979—Subsec. (a).
1978—Subsec. (a).
1977—
Statutory Notes and Related Subsidiaries
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
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Executive Documents
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
§2428. Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
Section,
§2428a. Congressional declaration of policy toward Korea; transmittal of report to Speaker of the House and Congressional committees
(a) The Congress declares that—
(1) United States policy toward Korea should continue to be arrived at by joint decision of the President and the Congress;
(2) in any implementation of the President's policy of gradual and phased reduction of United States ground forces from the Republic of Korea, the United States should seek to accomplish such reduction in stages consistent with United States interests in Asia, notably Japan, and with the security interests of the Republic of Korea;
(3) any implementation of this policy should be carried out with a careful regard to the interest of the United States in continuing its close relationship with the people and government of Japan, in fostering democratic practices in the Republic of Korea, and in maintaining stable relations among the countries of East Asia; and
(4) these interests can be served most effectively by a policy which involves consultations by the United States Government, as appropriate, with the governments of the region, particularly those directly involved.
(b)(1) Any implementation of the foregoing policy shall be carried out in regular consultation with the Congress.
(2) Repealed.
(
Editorial Notes
Codification
Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Year 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1994—Subsec. (b)(2).
§2428b. Special security assistance for modernization of Armed Forces of Korea
(a) Transfer authority of President of defense articles and services located in Korea; applicable terms and conditions; reimbursement
(1) The President is authorized until December 31, 1982—
(A) to transfer, without reimbursement, to the Republic of Korea, only in conjunction with the withdrawal of the 2d Infantry Division and support forces from Korea, such United States Government-owned defense articles as he may determine which are located in Korea in the custody of units of the United States Army scheduled to depart from Korea; and
(B) to furnish to the Republic of Korea, without reimbursement, defense services (including technical and operational training) in Korea directly related to the United States Government-owned defense articles transferred to the Republic of Korea under this subsection.
(2) Any transfer under the authority of this section shall be made in accordance with all the terms and conditions of the Foreign Assistance Act of 1961 [
(b) Additional transfer authority of President of defense articles located outside of Korea; prerequisites for determinations respecting transfers; report by President to Congress of determinations
In order that transfers of defense articles under subsection (a) will not cause significant adverse impact on the readiness of the Armed Forces of the United States, the President is authorized, in lieu of such transfers, to transfer additional defense articles from the stocks of the Department of Defense, wherever located, to the Republic of Korea to compensate for the military capability of defense articles withdrawn from Korea in any case where he determines that—
(1) the transfer of specific defense articles located in Korea would have a significant adverse impact on the readiness of the United States Armed Forces;
(2) the defense capability provided by those defense articles is needed by the Armed Forces of the Republic of Korea in order to maintain the military balance on the Korean peninsula; and
(3) a comparable defense capability could be provided by less advanced defense articles in the stocks of the Department of Defense which could be transferred without significant adverse impact on the readiness of the United States Armed Forces.
The President shall report to the Congress each determination made under this subsection prior to the transfer of the defense articles described in such determination.
(c) Report by President to Congress of types, etc., of transferred defense articles
The President shall transmit to the Congress, together with the presentation materials for security assistance programs proposed for each fiscal year through and including the fiscal year 1983, a report describing the types, quantities, and value of defense articles furnished or intended to be furnished to the Republic of Korea under this section.
(d) Repealed. Pub. L. 97–113, title VII, §734(a)(12), Dec. 29, 1981, 95 Stat. 1560
(e) Congressional policy respecting further troop withdrawals
(1) It is the sense of the Congress that further withdrawal of ground forces of the United States from the Republic of Korea may seriously risk upsetting the military balance in that region and requires full advance consultation with the Congress.
(2) Repealed.
(
Editorial Notes
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (a)(2), is
Codification
Section was enacted as part of the International Security Assistance Act of 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1981—Subsec. (d).
Subsec. (e)(2).
§§2429, 2429a. Repealed. Pub. L. 103–236, title VIII, §826(b), Apr. 30, 1994, 108 Stat. 519
Section 2429,
Section 2429a,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal by section 826(b) of
§2429a–1. Annual report on nuclear transfer activities
Beginning with the fiscal year 1983 and for each fiscal year thereafter, the President shall prepare and transmit to the Congress, as part of the presentation materials for foreign assistance programs proposed for that fiscal year, a classified report describing the nuclear programs and related activities of any country for which a waiver of
(1) the extent and effectiveness of International Atomic Energy Agency safeguards at that country's nuclear facilities; and
(2) the capability, actions, and intentions of the government of that country with respect to the manufacture or acquisition of a nuclear explosive device.
(
Editorial Notes
Codification
Section was enacted as part of the International Security and Development Cooperation Act of 1981, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§2429a–2. Enforcement of nonproliferation treaties
(a) Policy
It is the sense of the Congress that the President should instruct the United States Permanent Representative to the United Nations to enhance the role of that institution in the enforcement of nonproliferation treaties through the passage of a United Nations Security Council resolution which would state that, any non-nuclear weapon state that is found by the United Nations Security Council, in consultation with the International Atomic Energy Agency (IAEA), to have terminated, abrogated, or materially violated an IAEA full-scope safeguards agreement would be subjected to international economic sanctions, the scope of which to be determined by the United Nations Security Council.
(b) Prohibition
Notwithstanding any other provision of law, no United States assistance under the Foreign Assistance Act of 1961 [
(c) Waiver
The President may waive the application of subsection (b) if—
(1) the President determines that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security; and
(2) the President reports such determination to the Congress at least 15 days in advance of any resumption of assistance to that state.
(
Editorial Notes
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (b), 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.
Executive Documents
Delegation of Functions
Functions of President under this section delegated to Secretary of State by par. (1) of Memorandum of President of the United States, Mar. 23, 2007, 72 F.R. 18103, set out in a note under
§2429b. Transferred
Editorial Notes
Codification
Section,