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Title 22 — Foreign Relations and Intercourse

Part II · Chapter 32 — Foreign Assistance

§ 2318. Special authority

Statutory text

(a)

Unforeseen emergency; national interest; determinations and reports to Congress; limitation of defense articles, defense services, and military education and training furnished

(1)

If the President determines and reports to the Congress in accordance with section 2411 of this title that—

(A)

an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and

(B)

the emergency requirement cannot be met under the authority of the Arms Export Control Act [22 U.S.C. 2751 et seq.] or any other law except this section;

he may direct, for the purposes of subchapter II of this chapter, the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $100,000,000 in any fiscal year.

(2)
(A)

If the President determines and reports to the Congress in accordance with section 2411 of this title that it is in the national interest of the United States to draw down articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training—

(i)

for the purposes and under the authorities of—

(I)

part VIII of subchapter I of this chapter (relating to international narcotics control assistance);

(II)

part IX of subchapter I of this chapter (relating to international disaster assistance);

(III)

part VIII of subchapter II of this chapter (relating to antiterrorism assistance);

(IV)

part IX of subchapter II of this chapter (relating to nonproliferation assistance); or

(V)

the Migration and Refugee Assistance Act of 1962 [22 U.S.C. 2601 et seq.]; or

(ii)

for the purpose of providing such articles, services, and military education and training to Vietnam, Cambodia, and Laos as the President determines are necessary—

(I)

to support cooperative efforts to locate and repatriate members of the United States Armed Forces and civilians employed directly or indirectly by the United States Government who remain unaccounted for from the Vietnam War; and

(II)

to ensure the safety of United States Government personnel engaged in such cooperative efforts and to support Department of Defense-sponsored humanitarian projects associated with such efforts.

(B)

An aggregate value of not to exceed $200,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph—

(i)

not more than $75,000,000 of which may be provided from the drawdown from the inventory and resources of the Department of Defense;

(ii)

not more than $75,000,000 of which may be provided pursuant to clause (i)(I) of such subparagraph; and

(iii)

not more than $15,000,000 of which may be provided to Vietnam, Cambodia, and Laos pursuant to clause (ii) of such subparagraph.

(3)

In addition to amounts already specified in this section, the President may direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $1,000,000,000 per fiscal year, to be provided to Taiwan.

(b)

Notification and information to Congress of assistance furnished

(1)

The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appropriations of each House of Congress. In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.

(2)

The President shall keep the Congress fully and currently informed of all defense articles, defense services, and military education and training provided under this section, including providing the Congress with a report detailing all defense articles, defense services, and military education and training delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets.

(c)

Commercial transportation and related services

For the purposes of any provision of law that authorizes the drawdown of defense or other articles or commodities, or defense or other services from an agency of the United States Government, such drawdown may include the supply of commercial transportation and related services that are acquired by contract for the purposes of the drawdown in question if the cost to acquire such commercial transportation and related services is less than the cost to the United States Government of providing such services from existing agency assets.

(d)

Authorization of appropriations for reimbursement of applicable funds

There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 87–195 · 75 Stat. 424

    Enacted · 22 U.S.C. § 2318

    Pub. L. 87–195, pt. II, § 506, formerly § 510, Sept. 4, 1961, 75 Stat. 437

    Source evidence

    Code source credit
    Pub. L. 87–195, pt. II, § 506, formerly § 510, Sept. 4, 1961, 75 Stat. 437

  2. Foreign Assistance Act of 1962

    Pub. L. 87–565 · 76 Stat. 255

    Substituted · 22 U.S.C. § 2318(a)

    Pub. L. 87–565 substituted “1963” for “1962” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 87–565 substituted “1963” for “1962” wherever appearing.

  3. Foreign Assistance Act of 1963

    Pub. L. 88–205 · 77 Stat. 379

    Substituted · 22 U.S.C. § 2318(a)

    Pub. L. 88–205 substituted “1964” for “1963” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 88–205 substituted “1964” for “1963” wherever appearing.

  4. Foreign Assistance Act of 1964

    Pub. L. 88–633 · 78 Stat. 1009

    Substituted · 22 U.S.C. § 2318(a)

    Pub. L. 88–633 substituted “1965” for “1964” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 88–633 substituted “1965” for “1964” wherever appearing.

  5. Foreign Assistance Act of 1965

    Pub. L. 89–171 · 79 Stat. 653

    Substituted · 22 U.S.C. § 2318(a)

    Pub. L. 89–171 substituted “1966” for “1965” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 89–171 substituted “1966” for “1965” wherever appearing.

  6. Foreign Assistance Act of 1966

    Pub. L. 89–583 · 80 Stat. 795

    Substituted · 22 U.S.C. § 2318(a)

    Pub. L. 89–583 substituted “1967” for “1966” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 89–583 substituted “1967” for “1966” wherever appearing.

  7. Foreign Assistance Act of 1967

    Pub. L. 90–137 · 81 Stat. 445

    Substituted · 22 U.S.C. § 2318(a)

    Pub. L. 90–137 substituted “1968” for “1967” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 90–137 substituted “1968” for “1967” wherever appearing.

  8. Foreign Assistance Act of 1968

    Pub. L. 90–554 · 82 Stat. 960

    Substituted · 22 U.S.C. § 2318(a)

    Pub. L. 90–554 substituted “1969” for “1968” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 90–554 substituted “1969” for “1968” wherever appearing.

  9. Foreign Assistance Act of 1969

    Pub. L. 91–175 · 83 Stat. 805

    1. Substituted · 22 U.S.C. § 2318(a)

      Pub. L. 91–175 substituted “1970 and the fiscal year 1971” for “1969” in first sentence

    2. Substituted · 22 U.S.C. § 2318(a)

      Pub. L. 91–175 substituted “in each of the fiscal years 1970 and 1971” for “in the fiscal year 1969” in second sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 91–175 substituted “1970 and the fiscal year 1971” for “1969” in first sentence, and substituted “in each of the fiscal years 1970 and 1971” for “in the fiscal year 1969” in second sentence.

  10. Foreign Assistance Act of 1971

    Pub. L. 92–226 · 86 Stat. 20

    1. Substituted · 22 U.S.C. § 2318(a)

      Pub. L. 92–226 substituted “1972” for “1970 and the fiscal year 1971”

    2. Substituted · 22 U.S.C. § 2318(a)

      Pub. L. 92–226 substituted “the fiscal year 1972” for “each of the fiscal years 1970 and 1971”

    3. Repealed · 22 U.S.C. § 2318(a)

      Pub. L. 92–226 repealed last sentence providing for prompt notice of action taken to Committees on Foreign Relations, Appropriations, and Armed Services of the Senate and Speaker of the House

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–226 substituted “1972” for “1970 and the fiscal year 1971” and “the fiscal year 1972” for “each of the fiscal years 1970 and 1971”, and repealed last sentence providing for prompt notice of action taken to Committees on Foreign Relations, Appropriations, and Armed Services of the Senate and Speaker of the House.

  11. Foreign Assistance Act of 1973

    Pub. L. 93–189 § 12(b)(4) · 87 Stat. 714

    Substituted · 22 U.S.C. § 2318(a)

    Pub. L. 93–189 substituted “the fiscal year 1974”, “in the security interests”, and “$250,000,000” for “the fiscal year 1972”, “vital to the security”, and “$300,000,000”, respectively

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–189 substituted “the fiscal year 1974”, “in the security interests”, and “$250,000,000” for “the fiscal year 1972”, “vital to the security”, and “$300,000,000”, respectively.

    Enacted provision · exact public law section
    (4) In section 506(a)— (A) strike out “the fiscal year 1972” in each place it appears and insert in lieu thereof “the fiscal year 1974”: (B) strike out “vital to the security” and insert in lieu thereof “in the security interests”: and (C) strike out “$300,000,000” and insert in lieu thereof “$250,000,000”.

  12. Pub. L. 93–559 § 11 · 88 Stat. 1795

    1. Substituted · 22 U.S.C. § 2318(a)

      Pub. L. 93–559 substituted “fiscal year 1975” for “fiscal year 1974”

    2. Substituted · 22 U.S.C. § 2318(a)

      Pub. L. 93–559 substituted “$150,000,000” for “$250,000,000”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–559 substituted “fiscal year 1975” for “fiscal year 1974” wherever appearing and “$150,000,000” for “$250,000,000”.

    Enacted provision · exact public law section
    Sec. 11. Section 506(a) of the Foreign Assistance Act of 1961 is 22 USC 2318. amended— (1) by striking out “the fiscal year 1974” in each place it appears and inserting in lieu thereof “the fiscal year 1975” in each such place; and (2) by striking out “$250,000,000” and inserting in lieu thereof “$150,000,000”.

  13. International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 title I § 102 · 90 Stat. 729

    Redesignated · 22 U.S.C. § 2318(a)

    Pub. L. 94–329 redesignated existing provisions as pars. (1) to (3), limited the President’s authority to act by inserting requirements that he act only in cases of unforeseen emergencies requiring immediate military assistance to a foreign country or international organization where vital United States security interests are concerned when such emergency requirement cannot be met under authority of the Arms Export Control Act or any other law, reduced the President’s authority from $150 million to $67.5 million in any fiscal year, and required current reporting to Congress on the use of such authority

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–329 redesignated existing provisions as pars. (1) to (3), limited the President’s authority to act by inserting requirements that he act only in cases of unforeseen emergencies requiring immediate military assistance to a foreign country or international organization where vital United States security interests are concerned when such emergency requirement cannot be met under authority of the Arms Export Control Act or any other law, reduced the President’s authority from $150 million to $67.5 million in any fiscal year, and required current reporting to Congress on the use of such authority.

    Enacted provision · exact public law section
    Sec. 102. special authority Section 506(a) of the. Foreign Assistance Act. of 1961 is amended to read as follows: “(a) (1) If the President first determines and reports to Congress 22 USC 2411. in accordance with section 652 of this Act— “(A) that an unforeseen emergency exists which requires immediate, military assistance to a foreign country or international organization; “(B) that a failure to respond immediately to that emergency will result, in serious harm to vital United States security interests; and “(C) that the emergency requirement cannot be met under Post, p. 734. 22 USC 2751 note. authority of the Arms Export. Control Act or any other law except this section; he may order defense articles from the stocks of the Department of Defense and defense services for the purposes of this part, subject to reimbursement from subsequent appropriations made specifically therefor under subsection (b). “(2) The total value of defense articles and defense services ordered under this subsection in any fiscal year may not exceed $67,500,000. The authority contained in this subsection shall be effective in any fiscal year only to the extent, provided in an appropriation Act. “(3) The President shall keep the Congress fully and currently informed of all defense articles and defense services ordered under this subsection.”.

  14. Pub. L. 96–92 § 5(b) · 93 Stat. 701

    Substituted · 22 U.S.C. § 2318(a)

    Pub. L. 96–92 authorized military education and training assistance, substituted $10,000,000 fiscal year limitation on aggregate value of assistance furnished for $67,500,000 fiscal year limitation on total value of defense articles and defense services ordered, and eliminated requirement for determination that failure to respond immediately to the emergency would result in serious harm to vital United States security interests, deleted provision authorizing reimbursement from subsequent appropriations which is covered in subsec. (c), provision for effectiveness of authority only as provided in an appropriation Act, and requirement of information to Congress which is covered in subsec. (b)(2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–92 authorized military education and training assistance, substituted $10,000,000 fiscal year limitation on aggregate value of assistance furnished for $67,500,000 fiscal year limitation on total value of defense articles and defense services ordered, and eliminated requirement for determination that failure to respond immediately to the emergency would result in serious harm to vital United States security interests, deleted provision authorizing reimbursement from subsequent appropriations which is covered in subsec. (c), provision for effectiveness of authority only as provided in an appropriation Act, and requirement of information to Congress which is covered in subsec. (b)(2).

    Enacted provision · exact public law section
    (b) Section 506 of such Act is amended to read as follows: “Sec. 506. Special Authority.— (a) If the President determines and 22 USC 2411. reports to the Congress in accordance with section 652 of this Act that— “(1) an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and “(2) the emergency requirement cannot be met under the 22 USC 2751 note. authority of the Arms Export Control Act or any other law except this section; he may direct, for the purposes of this part, the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $10,000,000 in any fiscal year. “(b) (1) The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appropriations of each House of Congress. “(2) The President shall keep the Congress fully and currently informed of all defense articles, defense services, and military education and training provided under this section. “(c) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section.”.

  15. Pub. L. 96–92 § 5(b) · 93 Stat. 701

    Changed · 22 U.S.C. § 2318(b)

    Pub. L. 96–92 required notification of Congressional Committees, reenacted former subsec. (a) provision for information to Congress respecting assistance furnished, included military education and training, and deleted authorization of Defense Department, in applicable appropriations, to incur obligations in anticipation of reimbursements, and authorization of appropriations for reimbursement purposes

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–92 required notification of Congressional Committees, reenacted former subsec. (a) provision for information to Congress respecting assistance furnished, included military education and training, and deleted authorization of Defense Department, in applicable appropriations, to incur obligations in anticipation of reimbursements, and authorization of appropriations for reimbursement purposes.

    Enacted provision · exact public law section
    (b) Section 506 of such Act is amended to read as follows: “Sec. 506. Special Authority.— (a) If the President determines and 22 USC 2411. reports to the Congress in accordance with section 652 of this Act that— “(1) an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and “(2) the emergency requirement cannot be met under the 22 USC 2751 note. authority of the Arms Export Control Act or any other law except this section; he may direct, for the purposes of this part, the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $10,000,000 in any fiscal year. “(b) (1) The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appropriations of each House of Congress. “(2) The President shall keep the Congress fully and currently informed of all defense articles, defense services, and military education and training provided under this section. “(c) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section.”.

  16. Pub. L. 96–92 § 5(b) · 93 Stat. 701

    Changed · 22 U.S.C. § 2318(c)

    Pub. L. 96–92 incorporated reimbursement provision of former subsec. (b) and expanded section to include military education and training

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–92 incorporated reimbursement provision of former subsec. (b) and expanded section to include military education and training.

    Enacted provision · exact public law section
    (b) Section 506 of such Act is amended to read as follows: “Sec. 506. Special Authority.— (a) If the President determines and 22 USC 2411. reports to the Congress in accordance with section 652 of this Act that— “(1) an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and “(2) the emergency requirement cannot be met under the 22 USC 2751 note. authority of the Arms Export Control Act or any other law except this section; he may direct, for the purposes of this part, the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $10,000,000 in any fiscal year. “(b) (1) The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appropriations of each House of Congress. “(2) The President shall keep the Congress fully and currently informed of all defense articles, defense services, and military education and training provided under this section. “(c) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section.”.

  17. International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 title I § 112(c) · 94 Stat. 3131

    Changed · 22 U.S.C. § 2318(a)

    Pub. L. 96–533 increased to $50,000,000 from $10,000,000 fiscal year limitation on aggregate value of assistance furnished

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–533 increased to $50,000,000 from $10,000,000 fiscal year limitation on aggregate value of assistance furnished.

    Enacted provision · exact public law section
    (c) Section 506(a) of such Act is amended by striking out 22 USC 2318. “$10,000,000” and inserting in lieu thereof “$50,000,000”.

  18. Pub. L. 97–113 title I § 110(b) · 95 Stat. 1519

    Changed · 22 U.S.C. § 2318(a)

    Pub. L. 97–113 increased fiscal year limitation to $75,000,000 from $50,000,000 on aggregate value of assistance furnished

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–113 increased fiscal year limitation to $75,000,000 from $50,000,000 on aggregate value of assistance furnished.

    Enacted provision · exact public law section
    (b) Section 506(a) of such Act is amended by striking out “$50,000,000” and inserting in lieu thereof “$75,000,000”.

  19. Pub. L. 101–167 title V § 551(b) · 103 Stat. 1195

    1. Amended · 22 U.S.C. § 2318(a)

      Pub. L. 101–167 designated existing provisions as par. (1)

    2. Redesignated · 22 U.S.C. § 2318(a)

      Pub. L. 101–167 redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively

    3. Added · 22 U.S.C. § 2318(a)

      Pub. L. 101–167 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–167 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).

    Enacted provision · exact public law section
    (b) Section 506(a) of the Foreign Assistance Act of 1961 is amended by— (1) inserting “(1)” after “(a)”; (2) striking “(1)” and “(2)” and inserting in lieu thereof “(A)” and “(B)”, respectively; and (3) inserting the following new paragraph: “(2) (A) If the President determines and reports to the Congress in accordance with section 652 of this Act that it is in the national interest of the United States to draw down defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, he may direct— “(i) the drawdown of such articles, services, and the provision of such training for the purposes and under the authorities of chapters 8 and 9 of part I, as the case may be; and “(ii) the drawdown of defense services for the purposes and under the authorities of the Migration and Refugee Assistance Act of 1962. “(B) An aggregate value of not to exceed $75,000,000 in any fiscal year of defense articles, defense services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph.”.

  20. Pub. L. 104–164 § 103(a) · 110 Stat. 1421

    Substituted · 22 U.S.C. § 2318(a)(1)

    Pub. L. 104–164, § 103(a), substituted “$100,000,000” for “$75,000,000” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–164, § 103(a), substituted “$100,000,000” for “$75,000,000” in concluding provisions.

    Enacted provision · exact public law section
    (a) Unforeseen Emergency Drawdown.— Section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) is amended by striking “$75,000,000” and inserting “$100,000,000”.

  21. Pub. L. 104–164 § 103(b)(1) · 110 Stat. 1421

    Substituted · 22 U.S.C. § 2318(a)(2)(A)

    Pub. L. 104–164, § 103(b)(1), substituted “articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training—” and cls. (i) and (ii) for “defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, he may direct—

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 104–164, § 103(b)(1), substituted “articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training—” and cls. (i) and (ii) for “defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, he may direct—

    “(i) the drawdown of such articles, services, and the provision of such training for the purposes and under the authorities of parts VIII and IX of subchapter I of this chapter, as the case may be; and “(ii) the drawdown of defense services for the purposes and under the authorities of the Migration and Refugee Assistance Act of 1962.”

    Enacted provision · exact public law section
    (1) in subsection (a)(2)(A), by striking “defense articles from the stocks” and all that follows and inserting the following: “articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training— “(i) for the purposes and under the authorities of— “(I) chapter 8 of part I (relating to international narcotics control assistance); “(II) chapter 9 of part I (relating to international disaster assistance); or “(III) the Migration and Refugee Assistance Act of 1962; or “(ii) for the purpose of providing such articles, services, and military education and training to Vietnam, Cambodia, and Laos as the President determines are necessary— “(I) to support cooperative efforts to locate and repatriate members of the United States Armed Forces and civilians employed directly or indirectly by the United States Government who remain unaccounted for from the Vietnam War; and “(II) to ensure the safety of United States Government personnel engaged in such cooperative efforts and to support Department of Defense-sponsored humanitarian projects associated with such efforts.”;

  22. Pub. L. 104–164 § 103(b)(2) · 110 Stat. 1421

    Substituted · 22 U.S.C. § 2318(a)(2)(B)

    Pub. L. 104–164, § 103(b)(2), substituted “$150,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph—” and cls. (i) to (iii) for “$75,000,000 in any fiscal year of defense articles, defense services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph.”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 104–164, § 103(b)(2), substituted “$150,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph—” and cls. (i) to (iii) for “$75,000,000 in any fiscal year of defense articles, defense services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph.”

    Enacted provision · exact public law section
    (2) in subsection (a)(2)(B), by striking “$75,000,000” and all that follows and inserting “$150,000,000” in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph— “(i) not more than $75,000,000 of which may be provided from the drawdown from the inventory and resources of the Department of Defense; “(ii) not more than $75,000,000 of which may be provided pursuant to clause (i)(I) of such subparagraph; and “(iii) not more than $15,000,000 of which may be provided to Vietnam, Cambodia, and Laos pursuant to clause (ii) of such subparagraph.”; and

  23. Pub. L. 104–164 § 103(b)(3) · 110 Stat. 1421

    Inserted · 22 U.S.C. § 2318(b)(1)

    Pub. L. 104–164, § 103(b)(3), inserted at end “In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 104–164, § 103(b)(3), inserted at end “In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.”

    Enacted provision · exact public law section
    (3) in subsection (b)(1), by adding at the end the following: “In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming notifications under section 634A.”.

  24. Child Survival and Disease Programs Fund

    Pub. L. 105–118 § 576(1) · 111 Stat. 2386

    Inserted · 22 U.S.C. § 2318(b)(2)

    Pub. L. 105–118, § 576(1), inserted before period at end “, including providing the Congress with a report detailing all defense articles, defense services, and military education and training delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–118, § 576(1), inserted before period at end “, including providing the Congress with a report detailing all defense articles, defense services, and military education and training delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets”.

    Enacted provision · exact public law section
    (1) in subsection (b)(2), by striking the period and inserting the following: “, including providing the Congress with a report detailing all defense articles, defense services, and military education and training delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets.”;

  25. Child Survival and Disease Programs Fund

    Pub. L. 105–118 § 576(2) · 111 Stat. 2386

    1. Added · 22 U.S.C. § 2318(c); 22 U.S.C. § 2318(d)

      Pub. L. 105–118, § 576(2), (3), added subsec. (c)

    2. Redesignated · 22 U.S.C. § 2318(c); 22 U.S.C. § 2318(d)

      Pub. L. 105–118, § 576(2), (3), redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 105–118, § 576(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (2) by redesignating subsection (c) as subsection (d); and

  26. Pub. L. 106–280 § 121(b) · 114 Stat. 845

    1. Added · 22 U.S.C. § 2318(a)(2)(A)(i)(III)(V)

      Pub. L. 106–280, § 121(b), added subcls. (III) to (V)

    2. Struck · 22 U.S.C. § 2318(a)(2)(A)(i)(III)(V)

      Pub. L. 106–280, § 121(b), struck out former subcl. (III) which read as follows: “the Migration and Refugee Assistance Act of 1962; or”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A)(i)(III) to (V). Pub. L. 106–280, § 121(b), added subcls. (III) to (V) and struck out former subcl. (III) which read as follows: “the Migration and Refugee Assistance Act of 1962; or”.

    Enacted provision · exact public law section
    (b) Additional Drawdown.— Section 506(a)(2)(A)(i) of such Act (22 U.S.C. 2318(a)(2)(A)(i)) is amended— (1) by striking “or” at the end of subclause (II); and (2) by striking subclause (III) and inserting the following: “(III) chapter 8 of part II (relating to antiterrorism assistance); “(IV) chapter 9 of part II (relating to non-proliferation assistance); or “(V) the Migration and Refugee Assistance Act of 1962; or”.

  27. Pub. L. 106–280 § 121(a) · 114 Stat. 845

    Substituted · 22 U.S.C. § 2318(a)(2)(B)

    Pub. L. 106–280, § 121(a), substituted “$200,000,000” for “$150,000,000” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 106–280, § 121(a), substituted “$200,000,000” for “$150,000,000” in introductory provisions.

    Enacted provision · exact public law section
    (a) Emergency Drawdown.— Section 506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) is amended by striking “$150,000,000” and inserting “$200,000,000”.

  28. Taiwan Enhanced Resilience Act

    Pub. L. 117–263 div. E title LV § 5505(a) · 136 Stat. 2395

    Added · 22 U.S.C. § 2318(a)(3)

    Pub. L. 117–263 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–263 added par. (3).

    Enacted provision · exact public law section
    (a) Drawdown Authority.— Section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)) is amended by adding at the end the following paragraph: “(3) In addition to amounts already specified in this section, the President may direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $1,000,000,000 per fiscal year, to be provided to Taiwan.” .

23 of 36 references resolved to an enrolled provision · 13 partial

Editorial Notes

References in Text

The Arms Export Control Act, referred to in subsec. (a)(1)(B), is Pub. L. 90–629, , 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.

The Migration and Refugee Assistance Act of 1962, referred to in subsec. (a)(2)(A)(i)(V), is Pub. L. 87–510, , 76 Stat. 121, which is classified principally to chapter 36 (§ 2601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables.

Amendments1962–2022 · 20 rounds

2022

Subsec. (a)(3). Pub. L. 117–263 added par. (3).

2000

Subsec. (a)(2)(A)(i)(III) to (V). Pub. L. 106–280, § 121(b), added subcls. (III) to (V) and struck out former subcl. (III) which read as follows: “the Migration and Refugee Assistance Act of 1962; or”.

Subsec. (a)(2)(B). Pub. L. 106–280, § 121(a), substituted “$200,000,000” for “$150,000,000” in introductory provisions.

1997

Subsec. (b)(2). Pub. L. 105–118, § 576(1), inserted before period at end “, including providing the Congress with a report detailing all defense articles, defense services, and military education and training delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets”.

Subsecs. (c), (d). Pub. L. 105–118, § 576(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

1996

Subsec. (a)(1). Pub. L. 104–164, § 103(a), substituted “$100,000,000” for “$75,000,000” in concluding provisions.

Subsec. (a)(2)(A). Pub. L. 104–164, § 103(b)(1), substituted “articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training—” and cls. (i) and (ii) for “defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, he may direct—

“(i) the drawdown of such articles, services, and the provision of such training for the purposes and under the authorities of parts VIII and IX of subchapter I of this chapter, as the case may be; and

“(ii) the drawdown of defense services for the purposes and under the authorities of the Migration and Refugee Assistance Act of 1962.”

Subsec. (a)(2)(B). Pub. L. 104–164, § 103(b)(2), substituted “$150,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph—” and cls. (i) to (iii) for “$75,000,000 in any fiscal year of defense articles, defense services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph.”

Subsec. (b)(1). Pub. L. 104–164, § 103(b)(3), inserted at end “In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.”

1989

Subsec. (a). Pub. L. 101–167 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).

1981

Subsec. (a). Pub. L. 97–113 increased fiscal year limitation to $75,000,000 from $50,000,000 on aggregate value of assistance furnished.

1980

Subsec. (a). Pub. L. 96–533 increased to $50,000,000 from $10,000,000 fiscal year limitation on aggregate value of assistance furnished.

1979

Subsec. (a). Pub. L. 96–92 authorized military education and training assistance, substituted $10,000,000 fiscal year limitation on aggregate value of assistance furnished for $67,500,000 fiscal year limitation on total value of defense articles and defense services ordered, and eliminated requirement for determination that failure to respond immediately to the emergency would result in serious harm to vital United States security interests, deleted provision authorizing reimbursement from subsequent appropriations which is covered in subsec. (c), provision for effectiveness of authority only as provided in an appropriation Act, and requirement of information to Congress which is covered in subsec. (b)(2).

Subsec. (b). Pub. L. 96–92 required notification of Congressional Committees, reenacted former subsec. (a) provision for information to Congress respecting assistance furnished, included military education and training, and deleted authorization of Defense Department, in applicable appropriations, to incur obligations in anticipation of reimbursements, and authorization of appropriations for reimbursement purposes.

Subsec. (c). Pub. L. 96–92 incorporated reimbursement provision of former subsec. (b) and expanded section to include military education and training.

1976

Subsec. (a). Pub. L. 94–329 redesignated existing provisions as pars. (1) to (3), limited the President’s authority to act by inserting requirements that he act only in cases of unforeseen emergencies requiring immediate military assistance to a foreign country or international organization where vital United States security interests are concerned when such emergency requirement cannot be met under authority of the Arms Export Control Act or any other law, reduced the President’s authority from $150 million to $67.5 million in any fiscal year, and required current reporting to Congress on the use of such authority.

1974

Subsec. (a). Pub. L. 93–559 substituted “fiscal year 1975” for “fiscal year 1974” wherever appearing and “$150,000,000” for “$250,000,000”.

1973

Subsec. (a). Pub. L. 93–189 substituted “the fiscal year 1974”, “in the security interests”, and “$250,000,000” for “the fiscal year 1972”, “vital to the security”, and “$300,000,000”, respectively.

1972

Subsec. (a). Pub. L. 92–226 substituted “1972” for “1970 and the fiscal year 1971” and “the fiscal year 1972” for “each of the fiscal years 1970 and 1971”, and repealed last sentence providing for prompt notice of action taken to Committees on Foreign Relations, Appropriations, and Armed Services of the Senate and Speaker of the House.

1969

Subsec. (a). Pub. L. 91–175 substituted “1970 and the fiscal year 1971” for “1969” in first sentence, and substituted “in each of the fiscal years 1970 and 1971” for “in the fiscal year 1969” in second sentence.

1968

Subsec. (a). Pub. L. 90–554 substituted “1969” for “1968” wherever appearing.

1967

Subsec. (a). Pub. L. 90–137 substituted “1968” for “1967” wherever appearing.

1966

Subsec. (a). Pub. L. 89–583 substituted “1967” for “1966” wherever appearing.

1965

Subsec. (a). Pub. L. 89–171 substituted “1966” for “1965” wherever appearing.

1964

Subsec. (a). Pub. L. 88–633 substituted “1965” for “1964” wherever appearing.

1963

Subsec. (a). Pub. L. 88–205 substituted “1964” for “1963” wherever appearing.

1962

Subsec. (a). Pub. L. 87–565 substituted “1963” for “1962” wherever appearing.

Statutory Notes and Related Subsidiaries

Disposition of Weapons and Materiel in Transit From Iran to the Houthis in Yemen

Pub. L. 119–60, div. H, title LXXXIII, § 8368, , 139 Stat. 1905, provided that:

“(a)

Disposition of Weapons and Materiel.—

The President may treat as stocks of the United States, including for drawdown uses consistent with section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)), any weapon or materiel intended for the Houthis in the Republic of Yemen and obtained by the United States in transit or otherwise.

“(b)

Report.—

Not later than 180 days after the date of the enactment of this Act [], and annually thereafter for five years, the President shall submit to the appropriate committees of Congress a report that includes the following:

“(1)

The number of times the President exercised the authority under subsection (a).

“(2)

An inventory of the weapons and materiel treated as United States stocks pursuant to such authority.

“(3)

An inventory of the weapons and materiel provided to foreign partners, to include the Government of Yemen, pursuant to the authority provided in subsection (a).

“(4)

An assessment of the capacity and overall professionalism of the Yemeni coast guard, including their capability to expand oversight of Yemen’s territorial waters and carry out lawful anti-piracy and interdiction efforts, particularly with respect to implementation of any relevant United Nations Security Council Resolutions, and an overview of the steps the United States is taking to support these efforts; and

“(5)

an assessment of the legal authorities underpinning the interdiction of illicit shipments to the Houthis, and related challenges to boosting the success of international interdiction efforts.

“(c)

Appropriate Committees of Congress Defined.—

In this section, the term ‘appropriate committees of Congress’ means—

“(1)

the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

“(2)

the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”

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 Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.

Executive Documents

Delegation of Functions

For delegation of functions of President under this section, see Ex. Ord. No. 12163, , 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

Credits

1961–2022 · 21 acts
  1. 1961Pub. L. 87–195, pt. II, § 506, formerly § 510, , 75 Stat. 437
  2. 1962Pub. L. 87–565, pt. II, § 201(d), , 76 Stat. 260
  3. 1963Pub. L. 88–205, pt. II, § 202(c), , 77 Stat. 384
  4. 1964Pub. L. 88–633, pt. II, § 201(e), , 78 Stat. 1012
  5. 1965Pub. L. 89–171, pt. II, § 201(g), , 79 Stat. 658
  6. 1966Pub. L. 89–583, pt. II, § 201(d), , 80 Stat. 803
  7. 1967renumbered § 506 and amended Pub. L. 90–137, pt. II, § 201(j), , 81 Stat. 457
  8. 1968Pub. L. 90–554, pt. II, § 201(b), , 82 Stat. 962
  9. 1969Pub. L. 91–175, pt. II, § 202, , 83 Stat. 820
  10. 1972Pub. L. 92–226, pt. II, § 201(d), pt. III, § 304(a)(2), , 86 Stat. 25, 28
  11. 1973Pub. L. 93–189, § 12(b)(4), , 87 Stat. 721
  12. 1974Pub. L. 93–559, § 11, , 88 Stat. 1798
  13. 1976Pub. L. 94–329, title I, § 102, , 90 Stat. 730
  14. 1979Pub. L. 96–92, § 5(b), , 93 Stat. 702
  15. 1980Pub. L. 96–533, title I, § 112(c), , 94 Stat. 3139
  16. 1981Pub. L. 97–113, title I, § 110(b), , 95 Stat. 1526
  17. 1989Pub. L. 101–167, title V, § 551(b), , 103 Stat. 1236
  18. 1996Pub. L. 104–164, title I, § 103(a), (b), , 110 Stat. 1423
  19. 1997Pub. L. 105–118, title V, § 576, , 111 Stat. 2433
  20. 2000Pub. L. 106–280, title I, § 121, , 114 Stat. 850
  21. 2022Pub. L. 117–263, div. E, title LV, § 5505(a), , 136 Stat. 3298.
Show as published

(Pub. L. 87–195, pt. II, § 506, formerly § 510, , 75 Stat. 437; Pub. L. 87–565, pt. II, § 201(d), , 76 Stat. 260; Pub. L. 88–205, pt. II, § 202(c), , 77 Stat. 384; Pub. L. 88–633, pt. II, § 201(e), , 78 Stat. 1012; Pub. L. 89–171, pt. II, § 201(g), , 79 Stat. 658; Pub. L. 89–583, pt. II, § 201(d), , 80 Stat. 803; renumbered § 506 and amended Pub. L. 90–137, pt. II, § 201(j), , 81 Stat. 457; Pub. L. 90–554, pt. II, § 201(b), , 82 Stat. 962; Pub. L. 91–175, pt. II, § 202, , 83 Stat. 820; Pub. L. 92–226, pt. II, § 201(d), pt. III, § 304(a)(2), , 86 Stat. 25, 28; Pub. L. 93–189, § 12(b)(4), , 87 Stat. 721; Pub. L. 93–559, § 11, , 88 Stat. 1798; Pub. L. 94–329, title I, § 102, , 90 Stat. 730; Pub. L. 96–92, § 5(b), , 93 Stat. 702; Pub. L. 96–533, title I, § 112(c), , 94 Stat. 3139; Pub. L. 97–113, title I, § 110(b), , 95 Stat. 1526; Pub. L. 101–167, title V, § 551(b), , 103 Stat. 1236; Pub. L. 104–164, title I, § 103(a), (b), , 110 Stat. 1423; Pub. L. 105–118, title V, § 576, , 111 Stat. 2433; Pub. L. 106–280, title I, § 121, , 114 Stat. 850; Pub. L. 117–263, div. E, title LV, § 5505(a), , 136 Stat. 3298.)

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