§ 2364. Special authorities

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. 1961

   Pub. L. 87–195 · 75 Stat. 424

   Enacted · 22 U.S.C. § 2364

   Pub. L. 87–195, pt. III, § 614, Sept. 4, 1961, 75 Stat. 444

   Source evidence

   Code source credit
   Pub. L. 87–195, pt. III, § 614, Sept. 4, 1961, 75 Stat. 444

2. 1966

   Foreign Assistance Act of 1966

   Pub. L. 89–583 § 301(f) · 80 Stat. 795

   Changed · 22 U.S.C. § 2364(a)

   Pub. L. 89–583, § 301(f), provided that the $50,000,000 limitation on allocation of funds to any country in any one fiscal year shall not apply to any country which is a victim of active Communist or Communist-supported aggression

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–583, § 301(f), provided that the $50,000,000 limitation on allocation of funds to any country in any one fiscal year shall not apply to any country which is a victim of active Communist or Communist-supported aggression.

   Enacted provision · exact public law section
   (f) Section 614(a) which relates to special authorities, is amended 75 Stat. 444. 22 USC 2364. by adding at the end thereof the following new sentence: “The limitation contained in the preceding sentence shall not apply to any country which is a victim of active Communist or Communist-supported aggression.”

3. 1966

   Foreign Assistance Act of 1966

   Pub. L. 89–583 § 301(g) · 80 Stat. 795

   Inserted · 22 U.S.C. § 2364(c)

   Pub. L. 89–583, § 301(g), inserted provision for reports to Congress of use of funds under this subsec

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 89–583, § 301(g), inserted provision for reports to Congress of use of funds under this subsec.

   Enacted provision · exact public law section
   (g) Section 614(c), which relates to special authorities, is amended Report to Congress. by adding at the end thereof the following: “The President shall promptly and fully inform the Speaker 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.”

4. 1967

   Foreign Assistance Act of 1967

   Pub. L. 90–137 · 81 Stat. 445

   Substituted · 22 U.S.C. § 2364(a)

   Pub. L. 90–137 substituted “506” for “510”, classified to the Code as section 2318 of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–137 substituted “506” for “510”, classified to the Code as section 2318 of this title.

5. 1974

   Pub. L. 93–559 § 19(b) · 88 Stat. 1795

   Changed · 22 U.S.C. § 2364(a)

   Pub. L. 93–559 provided that the authority of the section shall not be used to waive the limitations on transfers contained in section 2360(a) of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–559 provided that the authority of the section shall not be used to waive the limitations on transfers contained in section 2360(a) of this title.

   Enacted provision · exact public law section
   (b) Section 614 of such Act is amended by adding at the end of subsection 22 USC 2364. (a) the following: “The authority of this section shall not be used to waive the limitations on transfers contained in section 610(a) of this Act.”. Supra.

6. 1980

   International Security and Development Cooperation Act of 1980

   Pub. L. 96–533 title I § 117(a) · 94 Stat. 3131

   1. Amended · 22 U.S.C. § 2364(a)

      Pub. L. 96–533, in revising subsec. (a), incorporated part of existing first sentence in provisions designated par. (1)

   2. Inserted · 22 U.S.C. § 2364(a)

      Pub. L. 96–533, in revising subsec. (a), incorporated part of existing first sentence in provisions inserted reference to Arms Export Control Act

   3. Struck · 22 U.S.C. § 2364(a)

      Pub. L. 96–533, in revising subsec. (a), incorporated part of existing first sentence in provisions struck out reference to Mutual Defense Assistance Control Act of 1951, required notification of the Speaker of the House and chairman of the Senate Committee on Foreign Relations

   4. Substituted · 22 U.S.C. § 2364(a)

      Pub. L. 96–533, in revising subsec. (a), incorporated part of existing first sentence in provisions substituted “security interests” for “security”; inserted pars. (2) and (3); incorporated part of existing first sentence, second sentence, and substance of third sentence in provisions designated par. (4)

   5. Inserted · 22 U.S.C. § 2364(a)

      Pub. L. 96–533, in revising subsec. (a), incorporated part of existing first sentence in provisions inserted reference to the Arms Export Control Act;

   6. Amended · 22 U.S.C. § 2364(a)

      Pub. L. 96–533, in revising subsec. (a), incorporated part of existing first sentence in provisions designated fourth sentence as par. (5)

   7. Substituted · 22 U.S.C. § 2364(a)

      Pub. L. 96–533, in revising subsec. (a), incorporated part of existing first sentence in provisions substituted therein “may not” for “shall not”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–533, in revising subsec. (a), incorporated part of existing first sentence in provisions designated par. (1), inserted reference to Arms Export Control Act, struck out reference to Mutual Defense Assistance Control Act of 1951, required notification of the Speaker of the House and chairman of the Senate Committee on Foreign Relations, and substituted “security interests” for “security”; inserted pars. (2) and (3); incorporated part of existing first sentence, second sentence, and substance of third sentence in provisions designated par. (4) and inserted reference to the Arms Export Control Act; and designated fourth sentence as par. (5) and substituted therein “may not” for “shall not”.

   Enacted provision · exact public law section
   (a) Section 614(a) of the Foreign Assistance Act of 1961 is amended to read as follows: “(a) (1) The President may authorize the furnishing of assistance under this Act without regard to any provision of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under this Act, in furtherance of any of the purposes of this Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is important to the security interests of the United States. “(2) The President may make sales, extend credit, and issue guaranties under the Arms Export Control Act, without regard to any provision of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under the Arms Export Control Act, in furtherance of any of the purposes of such Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is vital to the national security interests of the United States. “(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) The authority of this subsection may not be used to authorize the use of more than $250,000,000 of funds made available for use under this Act or the Arms Export Control Act, or the use of more 22 USC 2751 note. than $100,000,000 of foreign currencies accruing under this Act or any other law, in any fiscal year. Not more than $50,000,000 of the funds available under this subsection may be allocated to any one country in any fiscal year, unless such country is a victim of active Communist or Communist-supported aggression. “(5) The authority of this section may not be used to waive the limitations on transfers contained in section 610(a) of this Act.”. 22 USC 2360. 22 USC 2411.

7. 1985

   International Security and Development Cooperation Act of 1985

   Pub. L. 99–83 title I § 128 · 99 Stat. 190

   1. Amended · 22 U.S.C. § 2364(a)(4)

      Pub. L. 99–83 designated existing provisions as subpar. (A)

   2. Added · 22 U.S.C. § 2364(a)(4)

      Pub. L. 99–83 added cl. (i) and designations “(ii)” and “(iii)”

   3. Struck · 22 U.S.C. § 2364(a)(4)

      Pub. L. 99–83 struck out fiscal year limitation for any one country

   4. Added · 22 U.S.C. § 2364(a)(4)

      Pub. L. 99–83 added subpars. (B) and (C)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 99–83 designated existing provisions as subpar. (A), added cl. (i) and designations “(ii)” and “(iii)”, struck out fiscal year limitation for any one country, and added subpars. (B) and (C).

   Enacted provision · exact public law section
   SEC. 128. SPECIAL WAIVER AUTHORITY. 22 USC 2364. Section 614(a)(4) of the Foreign Assistance Act of 1961 is amended to read as follows: “(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 22 USC 2751 note. for use under this Act or the Arms Export Control Act; and “(iii) the use of more than $100,000,000 of foreign currencies accruing under this Act 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 Act 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 Communist or Communist-supported 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.”.

   Effective date note
   Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

8. 1989

   Anti-Terrorism and Arms Export Amendments Act of 1989

   Pub. L. 101–222 § 8 · 103 Stat. 1892

   Amended · 22 U.S.C. § 2364(c)

   Pub. L. 101–222 amended second sentence generally. Prior to amendment, second sentence read as follows: “The President shall promptly and fully inform the Speaker 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.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–222 amended second sentence generally. Prior to amendment, second sentence read as follows: “The President shall promptly and fully inform the Speaker 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.”

   Enacted provision · exact public law section
   SEC. 8. SPECIAL AUTHORITIES. The second sentence of section 614(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(c)) is amended to read as follows: “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.” .

9. 1993

   Act For Reform In Emerging New Democracies and Support and Help for Improved Partnership with Russia, Ukraine, and Other New Independent States

   Pub. L. 103–199 title VII § 705(2) · 107 Stat. 2317

   Struck · 22 U.S.C. § 2364(a)(4)(C)

   Pub. L. 103–199 struck out “Communist or Communist-supported” after “victim of active”

   Source evidence

   Code amendment note
   Subsec. (a)(4)(C). Pub. L. 103–199 struck out “Communist or Communist-supported” after “victim of active”.

   Enacted provision · exact public law section
   (2) in section 614(a)(4)(C) (22 U.S.C. 2364(a)(4)(C)), by striking “Communist or Communist-supported”; and

16 of 18 references resolved to an enrolled provision · 2 partial