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Title 22 — Foreign Relations and Intercourse

Part I · Chapter 32 — Foreign Assistance

§ 2360. Transfer of funds between accounts

Statutory text

(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 section 2763 of this title) may be transferred to, and consolidated with, the funds made available for any provision of this chapter (except funds made available under part II of subchapter II of this chapter), and may be used for any of the purposes for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 20 per centum of the amount of funds made available for such provision.

(b)

Augmentation of other appropriations

The authority contained in this section and in sections 2261, 2318 and 2364 of this title, shall not be used to augment appropriations made available pursuant to sections 2396(g)(1) and 2397 of this title or used otherwise to finance activities which normally would be financed from appropriations for administrative expenses.

(c)

Military and development assistance purposes

Any funds which the President has notified Congress pursuant to section 2413 of this title that he intends to provide in military assistance to any country may be transferred to, and consolidated with, any other funds he has notified Congress pursuant to such section that he intends to provide to that country for development assistance purposes.

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. § 2360

    Pub. L. 87–195, pt. III, § 610, Sept. 4, 1961, 75 Stat. 442

    Source evidence

    Code source credit
    Pub. L. 87–195, pt. III, § 610, Sept. 4, 1961, 75 Stat. 442

  2. Foreign Assistance Act of 1962

    Pub. L. 87–565 · 76 Stat. 255

    1. Amended · 22 U.S.C. § 2360

      Pub. L. 87–565 designated existing provisions as subsec. (a)

    2. Added · 22 U.S.C. § 2360

      Pub. L. 87–565 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 87–565 designated existing provisions as subsec. (a) and added subsec. (b).

  3. Pub. L. 89–371 § 3 · 80 Stat. 74

    Changed · 22 U.S.C. § 2360(b)

    Pub. L. 89–371 authorized transfer of $1,400,000 for administrative expenses for fiscal year 1966 incurred in connection with programs in the Republic of Vietnam

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 89–371 authorized transfer of $1,400,000 for administrative expenses for fiscal year 1966 incurred in connection with programs in the Republic of Vietnam.

    Enacted provision · exact public law section
    Sec. 3. Section 610(b) of such Act, which relates to transfer between accounts, is amended by adding at the end thereof the following: “Not to exceed $1,400,000 of the funds appropriated under section 402 of this Act after January 1, 1966, for the fiscal year 1966, may be transferred to and consolidated with appropriations made 22 USC 2397. under section 637(a) of this Act for such fiscal year, subject to the limitations of subsection (a) of this section and subject to the further limitation that funds so transferred shall be available solely for administrative expenses incurred in connection with programs in the Republic of Vietnam.”

  4. Foreign Assistance Act of 1966

    Pub. L. 89–583 · 80 Stat. 795

    Substituted · 22 U.S.C. § 2360(b)

    Pub. L. 89–583 substituted provisions authorizing transfer of $5,000,000 for administrative expenses for any fiscal year incurred in connection with programs in Vietnam for provisions authorizing transfer of $1,400,000 for administrative expenses for fiscal year 1966 incurred in connection with programs in the Republic of Vietnam

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 89–583 substituted provisions authorizing transfer of $5,000,000 for administrative expenses for any fiscal year incurred in connection with programs in Vietnam for provisions authorizing transfer of $1,400,000 for administrative expenses for fiscal year 1966 incurred in connection with programs in the Republic of Vietnam.

  5. Foreign Assistance Act of 1967

    Pub. L. 90–137 · 81 Stat. 445

    Changed · 22 U.S.C. § 2360(b)

    Pub. L. 90–137 increased limitation on funds available for transfer from $5,000,000 to $9,000,000

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 90–137 increased limitation on funds available for transfer from $5,000,000 to $9,000,000.

  6. Foreign Assistance Act of 1969

    Pub. L. 91–175 · 83 Stat. 805

    Inserted · 22 U.S.C. § 2360(a)

    Pub. L. 91–175 inserted provision excepting funds made available pursuant to subpart IV of part II of subchapter I of this chapter form the designation of funds subject to consolidation

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 91–175 inserted provision excepting funds made available pursuant to subpart IV of part II of subchapter I of this chapter form the designation of funds subject to consolidation.

  7. Pub. L. 93–559 § 19(a)(1) · 88 Stat. 1795

    Inserted · 22 U.S.C. § 2360(a)

    Pub. L. 93–559, § 19(a)(1), inserted provisions excepting funds made available under part II of subchapter II of this chapter from the designation of funds subject to consolidation

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–559, § 19(a)(1), inserted provisions excepting funds made available under part II of subchapter II of this chapter from the designation of funds subject to consolidation.

    Enacted provision · exact public law section
    (1) In subsection (a), immediately after “any other provision of this Act”, insert “(except funds made available under chapter 2 of part II of this Act)”.

  8. Pub. L. 93–559 § 19(a)(2) · 88 Stat. 1795

    Added · 22 U.S.C. § 2360(c)

    Pub. L. 93–559, § 19(a)(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 93–559, § 19(a)(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) Add at the end thereof the following new subsection:

  9. Pub. L. 95–384 § 10(b)(2) · 92 Stat. 730

    Struck · 22 U.S.C. § 2360(b)

    Pub. L. 95–384 struck out provisions authorizing transfer and consolidation of not to exceed $9,000,000 of the funds appropriated under section 2242 of this title with the funds appropriated under section 2397(a) of this title to be available solely for additional administrative expenses incurred in connection with programs in Vietnam

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–384 struck out provisions authorizing transfer and consolidation of not to exceed $9,000,000 of the funds appropriated under section 2242 of this title with the funds appropriated under section 2397(a) of this title to be available solely for additional administrative expenses incurred in connection with programs in Vietnam.

    Enacted provision · exact public law section
    (2) The second sentence of section 610(b) of such Act is repealed. Repeal. 22 USC 2360. 22 USC 2413.

  10. International Narcotics Control Act of 1990

    Pub. L. 101–623 § 10(a) · 104 Stat. 3350

    1. Inserted · 22 U.S.C. § 2360(a)

      Pub. L. 101–623 inserted “or for section 2763 of this title” after “subchapter I of this chapter”

    2. Struck · 22 U.S.C. § 2360(a)

      Pub. L. 101–623 struck out “other” after second reference to “funds made available for any”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–623 inserted “or for section 2763 of this title” after “subchapter I of this chapter” and struck out “other” after second reference to “funds made available for any”.

    Enacted provision · exact public law section
    (a) Applicability of Transfer Authority to Foreign Military Financing Program Funds.— Section 610(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2360(a)) is amended— (1) by inserting “or for section 23 of the Arms Export Control Act” after “part I”; and (2) by striking out “other”.

    Effective date note
    Pub. L. 101–623, § 10(b), Nov. 21, 1990, 104 Stat. 3356, provided that: “The amendments made by subsection (a) [amending this section] apply with respect to funds made available for fiscal year 1991 or any fiscal year thereafter.”

6 of 12 references resolved to an enrolled provision · 6 partial

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 87–195, , 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

Amendments1962–1990 · 7 rounds

1990

Subsec. (a). Pub. L. 101–623 inserted “or for section 2763 of this title” after “subchapter I of this chapter” and struck out “other” after second reference to “funds made available for any”.

1978

Subsec. (b). Pub. L. 95–384 struck out provisions authorizing transfer and consolidation of not to exceed $9,000,000 of the funds appropriated under section 2242 of this title with the funds appropriated under section 2397(a) of this title to be available solely for additional administrative expenses incurred in connection with programs in Vietnam.

1974

Subsec. (a). Pub. L. 93–559, § 19(a)(1), inserted provisions excepting funds made available under part II of subchapter II of this chapter from the designation of funds subject to consolidation.

Subsec. (c). Pub. L. 93–559, § 19(a)(2), added subsec. (c).

1969

Subsec. (a). Pub. L. 91–175 inserted provision excepting funds made available pursuant to subpart IV of part II of subchapter I of this chapter form the designation of funds subject to consolidation.

1967

Subsec. (b). Pub. L. 90–137 increased limitation on funds available for transfer from $5,000,000 to $9,000,000.

1966

Subsec. (b). Pub. L. 89–583 substituted provisions authorizing transfer of $5,000,000 for administrative expenses for any fiscal year incurred in connection with programs in Vietnam for provisions authorizing transfer of $1,400,000 for administrative expenses for fiscal year 1966 incurred in connection with programs in the Republic of Vietnam.

Pub. L. 89–371 authorized transfer of $1,400,000 for administrative expenses for fiscal year 1966 incurred in connection with programs in the Republic of Vietnam.

1962

Pub. L. 87–565 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–623, § 10(b), , 104 Stat. 3356, provided that: “The amendments made by subsection (a) [amending this section] apply with respect to funds made available for fiscal year 1991 or any fiscal year thereafter.”

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

1961–1990 · 9 acts
  1. 1961Pub. L. 87–195, pt. III, § 610, , 75 Stat. 442
  2. 1962Pub. L. 87–565, pt. III, § 301(a), , 76 Stat. 260
  3. 1966Pub. L. 89–371, § 3, , 80 Stat. 74
  4. 1966Pub. L. 89–583, pt. III, § 301(d), , 80 Stat. 804
  5. 1967Pub. L. 90–137, pt. III, § 301(c), , 81 Stat. 458
  6. 1969Pub. L. 91–175, pt. III, § 301, , 83 Stat. 820
  7. 1974Pub. L. 93–559, § 19(a), , 88 Stat. 1800
  8. 1978Pub. L. 95–384, § 10(b)(2), , 92 Stat. 735
  9. 1990Pub. L. 101–623, § 10(a), , 104 Stat. 3356.
Show as published

(Pub. L. 87–195, pt. III, § 610, , 75 Stat. 442; Pub. L. 87–565, pt. III, § 301(a), , 76 Stat. 260; Pub. L. 89–371, § 3, , 80 Stat. 74; Pub. L. 89–583, pt. III, § 301(d), , 80 Stat. 804; Pub. L. 90–137, pt. III, § 301(c), , 81 Stat. 458; Pub. L. 91–175, pt. III, § 301, , 83 Stat. 820; Pub. L. 93–559, § 19(a), , 88 Stat. 1800; Pub. L. 95–384, § 10(b)(2), , 92 Stat. 735; Pub. L. 101–623, § 10(a), , 104 Stat. 3356.)

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