§ 2771. Military sales authorizations and ceilings

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. 1968

   The Foreign Military Sales Act

   Pub. L. 90–629 · 82 Stat. 1320

   Enacted · 22 U.S.C. § 2771

   Pub. L. 90–629, ch. 3, § 31, Oct. 22, 1968, 82 Stat. 1324

   Source evidence

   Code source credit
   Pub. L. 90–629, ch. 3, § 31, Oct. 22, 1968, 82 Stat. 1324

2. 1971

   Pub. L. 91–672 § 2(1) · 84 Stat. 2053

   Substituted · 22 U.S.C. § 2771(a)

   Pub. L. 91–672, § 2(1), substituted provisions authorizing appropriation of not more than $250,000,000 for each of the fiscal years 1970 and 1971 for provisions authorizing appropriation of not more than $296,000,000 for the fiscal year 1969

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 91–672, § 2(1), substituted provisions authorizing appropriation of not more than $250,000,000 for each of the fiscal years 1970 and 1971 for provisions authorizing appropriation of not more than $296,000,000 for the fiscal year 1969.

   Enacted provision · exact public law section
   (1) by striking out of subsection (a) “not to exceed $296,000,000 for the fiscal year 1969” and inserting in lieu thereof “not to exceed $250,000,000 for each of the fiscal years 1970 and 1971”; and

3. 1971

   Pub. L. 91–672 § 2(2) · 84 Stat. 2053

   Substituted · 22 U.S.C. § 2771(b)

   Pub. L. 91–672, § 2(2), substituted provisions setting out the foreign military sales credit ceiling of $340,000,000 for the fiscal years 1970 and 1971 for provisions setting out such ceiling of $296,000,000 for the fiscal year 1969

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 91–672, § 2(2), substituted provisions setting out the foreign military sales credit ceiling of $340,000,000 for the fiscal years 1970 and 1971 for provisions setting out such ceiling of $296,000,000 for the fiscal year 1969.

   Enacted provision · exact public law section
   (2) by striking out of subsection (b) “during the fiscal year 1969 shall not exceed $296,000,000” and inserting in lieu thereof “shall not exceed $340,000,000 for each of the fiscal years 1970 and 1971”.

4. 1972

   Foreign Assistance Act of 1971

   Pub. L. 92–226 § 401(a) · 86 Stat. 20

   Substituted · 22 U.S.C. § 2771(a)

   Pub. L. 92–226, § 401(a), substituted provision authorizing appropriation of not more than $400,000,000 for the fiscal year 1972, for provisions authorizing appropriation of not more than $250,000,000 for each of the fiscal years 1970 and 1971

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–226, § 401(a), substituted provision authorizing appropriation of not more than $400,000,000 for the fiscal year 1972, for provisions authorizing appropriation of not more than $250,000,000 for each of the fiscal years 1970 and 1971.

   Enacted provision · exact public law section
   (a) In section 31(a) of chapter 3, relating to authorization, strike out “$250,000,000 for each of the fiscal years 1970 and 1971” and insert in lieu thereof “$400,000,000 for the fiscal year 1972”.

5. 1972

   Foreign Assistance Act of 1971

   Pub. L. 92–226 § 401(b) · 86 Stat. 20

   Substituted · 22 U.S.C. § 2771(b)

   Pub. L. 92–226, § 401(b), substituted provisions setting out the foreign military sales credit ceiling of $550,000,000 for the fiscal year 1972, of which amount not less than $300,000,000 shall be made available to Israel, for provisions setting out such ceiling of $340,000,000 for the fiscal years 1970 and 1971

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 92–226, § 401(b), substituted provisions setting out the foreign military sales credit ceiling of $550,000,000 for the fiscal year 1972, of which amount not less than $300,000,000 shall be made available to Israel, for provisions setting out such ceiling of $340,000,000 for the fiscal years 1970 and 1971.

   Enacted provision · exact public law section
   (b) In section 31(b) of chapter 3, relating to aggregate ceiling on foreign military sales credits, strike out “$340,000,000 for each of the fiscal years 1970 and 1971” and insert in lieu thereof “$550,000,000 for the fiscal year 1972, of which amount not less than $300,000,000 shall be made available to Israel only”.

6. 1973

   Foreign Assistance Act of 1973

   Pub. L. 93–189 § 25(5) · 87 Stat. 714

   Substituted · 22 U.S.C. § 2771(a)

   Pub. L. 93–189, § 25(5), substituted provision authorizing appropriation of not more than $325,000,000 for the fiscal year 1974, for provision authorizing appropriation of not more than $400,000,000 for the fiscal year 1972

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–189, § 25(5), substituted provision authorizing appropriation of not more than $325,000,000 for the fiscal year 1974, for provision authorizing appropriation of not more than $400,000,000 for the fiscal year 1972.

   Enacted provision · exact public law section
   (5) In section 31(a), strike out “$400,000,000 for the fiscal year 1972” and insert in lieu thereof “$325,000,000 for fiscal year 1974”.

7. 1973

   Foreign Assistance Act of 1973

   Pub. L. 93–189 § 25(6) · 87 Stat. 714

   Substituted · 22 U.S.C. § 2771(b)

   Pub. L. 93–189, § 25(6), substituted provisions setting out the foreign military sales credit ceiling of $730,000,000 for the fiscal year 1974, of which amount not less than $300,000,000 shall be made available to Israel, for provisions setting out such ceiling of $550,000,000 for the fiscal year 1972, of which amount not less than $300,000,000 shall be made available to Israel, and such amount to exclude credits covered by guaranties issued under section 2764(b) of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–189, § 25(6), substituted provisions setting out the foreign military sales credit ceiling of $730,000,000 for the fiscal year 1974, of which amount not less than $300,000,000 shall be made available to Israel, for provisions setting out such ceiling of $550,000,000 for the fiscal year 1972, of which amount not less than $300,000,000 shall be made available to Israel, and such amount to exclude credits covered by guaranties issued under section 2764(b) of this title.

   Enacted provision · exact public law section
   (6) In section 31(b), strike out “(excluding credits covered by guaranties issued pursuant to section 24(b), and the face amount of guaranties issued pursuant to sections 24 (a) and (b) shall not exceed $550,000,000 for the fiscal year 1972, of which amount not less than $300,000,000 shall be available to Israel only” and insert in lieu thereof “and of the principal amount of loans guaranteed pursuant to section 24(a) shall not exceed $730,000,000 for the fiscal year 1974, of which amount not less than $300,000,000 shall be available to Israel only”.

8. 1974

   Pub. L. 93–559 § 45(a)(6) · 88 Stat. 1795

   Substituted · 22 U.S.C. § 2771(a)

   Pub. L. 93–559, § 45(a)(6), substituted “$405,000,000 for the fiscal year 1975” for “$325,000,000 for the fiscal year 1974”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–559, § 45(a)(6), substituted “$405,000,000 for the fiscal year 1975” for “$325,000,000 for the fiscal year 1974”.

   Enacted provision · exact public law section
   (6) Section 31(a) is amended by striking out “$325,000,000 for the 22 USC 2771. fiscal year 1974” and inserting in lieu thereof “$405,000,000 for the fiscal year 1975”.

9. 1974

   Pub. L. 93–559 § 45(a)(7) · 88 Stat. 1795

   Substituted · 22 U.S.C. § 2771(b)

   Pub. L. 93–559, § 45(a)(7), substituted “$872,500,000 for the fiscal year 1975” for “$730,000,000 for the fiscal year 1974” and provided for obligation of $100,000,000 for financing procurement of defense articles and defense services by Israel and for release of Israel from contractual liability to repay the United States Government for the defense articles and defense services so financed

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–559, § 45(a)(7), substituted “$872,500,000 for the fiscal year 1975” for “$730,000,000 for the fiscal year 1974” and provided for obligation of $100,000,000 for financing procurement of defense articles and defense services by Israel and for release of Israel from contractual liability to repay the United States Government for the defense articles and defense services so financed.

   Enacted provision · exact public law section
   (7) In section 31(b)— (A) strike out “$730,000,000 for the fiscal year 1974” and insert in lieu thereof “$872,500,000 for the fiscal year 1975”; and (B) add at the end thereof the following new sentence: “Of the funds made available under subsection (a) of this section, $100,000,000 shall first be obligated with respect to financing the procurement of defense articles and defense services by Israel under section 23 of this Act, except that Israel shall be released Ante, p. 1813. from contractual liability to repay the United States Government for the defense articles and defense services so financed.”

10. 1976

    International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 § 210(a) · 90 Stat. 729

    Substituted · 22 U.S.C. § 2771(a)

    Pub. L. 94–329, § 210(a), substituted provisions authorizing appropriations not to exceed $1,039,000,000 for the fiscal year 1976 and not to exceed $740,000,000 for the fiscal year 1977, for provisions authorizing appropriations not to exceed $405,000,000 for the fiscal year 1975

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–329, § 210(a), substituted provisions authorizing appropriations not to exceed $1,039,000,000 for the fiscal year 1976 and not to exceed $740,000,000 for the fiscal year 1977, for provisions authorizing appropriations not to exceed $405,000,000 for the fiscal year 1975.

    Enacted provision · exact public law section
    (a) Section 31(a) of the Foreign Military Sales Act is amended by striking out “not to exceed $405,000,000 for the fiscal year 1975” and inserting in lien thereof “not to exceed $1,039,000,000 for the fiscal year 1976 and not to exceed $740,000,000 for the fiscal year 1977”.

11. 1976

    International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 § 210(b) · 90 Stat. 729

    1. Substituted · 22 U.S.C. § 2771(b)

       Pub. L. 94–329, § 210(b), substituted provisions setting out the foreign military sales credit ceiling of $2,374,700,000 for the fiscal year 1976, of which not less than $1,500,000,000 shall be available only for Israel, and $2,022,100,000 for the fiscal year 1977, of which not less than $1,000,000,000 shall be available only for Israel, for provisions setting out such ceiling of $872,500,000 for the fiscal year 1975, of which amount not less than $300,000,000 shall be available to Israel only

    2. Struck · 22 U.S.C. § 2771(b)

       Pub. L. 94–329, § 210(b), struck out provisions relating to obligation of $100,000,000 for financing procurement of defense articles and services by Israel and for release of Israel from contractual liability to repay United States Government for the defense article and services so financed

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–329, § 210(b), substituted provisions setting out the foreign military sales credit ceiling of $2,374,700,000 for the fiscal year 1976, of which not less than $1,500,000,000 shall be available only for Israel, and $2,022,100,000 for the fiscal year 1977, of which not less than $1,000,000,000 shall be available only for Israel, for provisions setting out such ceiling of $872,500,000 for the fiscal year 1975, of which amount not less than $300,000,000 shall be available to Israel only, and struck out provisions relating to obligation of $100,000,000 for financing procurement of defense articles and services by Israel and for release of Israel from contractual liability to repay United States Government for the defense article and services so financed.

    Enacted provision · exact public law section
    (b) Section 31(b) of such Act is amended to read as follows: “(b) The aggregate total of credits, or participations in credits, extended pursuant to this Act and of the, principal amount of loans 22 USC 2764. guaranteed pursuant to section 24(a) shall not exceed $2,374,700,000 for the fiscal year 1976, of which not less than $1,500,000,000 shall be available only for Israel, and shall not exceed $2,022,100,000 for the fiscal year 1977, of which not less than $1,000,000,000 shall be available only for Israel.”.

12. 1976

    International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 § 210(c)(1) · 90 Stat. 729

    Added · 22 U.S.C. § 2771(c); 22 U.S.C. § 2771(d)

    Pub. L. 94–329, § 210(c)(1), added subsecs. (c) and (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 94–329, § 210(c)(1), added subsecs. (c) and (d).

    Enacted provision · exact public law section
    (1) Section 31 of such Act is further amended by adding at the end thereof the following new subsections: “(c) Funds made, available for the fiscal years 1976 and 1977 under subsection (a) of this section shall be obligated to finance the procurement of defense articles and defense services by Israel on a long-term repayment basis either by the extension of credits, without regard 22 USC 2763. to the limitations contained in section 23, or by the issuance of guaranties under section 24. Repayment shall be hi not less than twenty years, following a grace period of ten years on repayment of principal. Israel shall be released from one-half of its contractual liability to repay the United States Government with respect to defense articles and defense services so financed for each such year. “(d) The aggregate acquisition cost, to the United States of excess defense articles ordered by the President in any fiscal year after fiscal year 1976 for delivery to foreign countries or international organizations under the authority of chapter 2 of part II of the Foreign 22 USC 2311 et seq. Assistance Act of 1961 or pursuant to sales under this Act may not exceed $100,000,000 (exclusive of ships and their on-board stores and supplies transferred in accordance with law).”.

13. 1977

    International Security Assistance Act of 1977

    Pub. L. 95–92 § 19(1) · 91 Stat. 614

    Substituted · 22 U.S.C. § 2771(a)

    Pub. L. 95–92, § 19(1), substituted “$677,000,000 for the fiscal year 1978” for “$1,039,000,000 for the fiscal year 1976 and not to exceed $740,000,000 for the fiscal year 1977”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–92, § 19(1), substituted “$677,000,000 for the fiscal year 1978” for “$1,039,000,000 for the fiscal year 1976 and not to exceed $740,000,000 for the fiscal year 1977”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out all in the first sentence after “not to exceed” the first time it appears and inserting in lieu thereof “$677,000,000 for the fiscal year 1978.”;

14. 1977

    International Security Assistance Act of 1977

    Pub. L. 95–92 § 19(2) · 91 Stat. 614

    Substituted · 22 U.S.C. § 2771(b)

    Pub. L. 95–92, § 19(2), substituted “$2,102,350,000 for the fiscal year 1978” for “$2,374,700,000 for the fiscal year 1976, of which not less than $1,500,000,000 shall be available only for Israel, and shall not exceed $2,022,100,000 for the fiscal year 1977”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–92, § 19(2), substituted “$2,102,350,000 for the fiscal year 1978” for “$2,374,700,000 for the fiscal year 1976, of which not less than $1,500,000,000 shall be available only for Israel, and shall not exceed $2,022,100,000 for the fiscal year 1977”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking out all after “shall not exceed” the first time it appears and inserting in lieu thereof “$2,102,350,000 for the fiscal year 1978, of which not less than $1,000,000,000 shall be available only for Israel.”; and

15. 1977

    International Security Assistance Act of 1977

    Pub. L. 95–92 § 19(3) · 91 Stat. 614

    1. Substituted · 22 U.S.C. § 2771(c)

       Pub. L. 95–92, § 19(3), substituted “year 1978” for “years 1976 and 1977”

    2. Struck · 22 U.S.C. § 2771(c)

       Pub. L. 95–92, § 19(3), struck out “each” before “such year”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–92, § 19(3), substituted “year 1978” for “years 1976 and 1977” and struck out “each” before “such year”.

    Enacted provision · exact public law section
    (3) in subsection (c)— (A) in the first sentence, by striking out “the fiscal years 1976 and 1977” and inserting in lieu thereof “the fiscal year 1978”; and (B) in the last sentence, by striking out “each”.

16. 1978

    Pub. L. 95–384 § 20(a) · 92 Stat. 730

    Substituted · 22 U.S.C. § 2771(a)

    Pub. L. 95–384, § 20(a), substituted “$682,000,000 for the fiscal year 1978 and $674,300,000 for the fiscal year 1979” for “$677,000,000 for the fiscal year 1978”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–384, § 20(a), substituted “$682,000,000 for the fiscal year 1978 and $674,300,000 for the fiscal year 1979” for “$677,000,000 for the fiscal year 1978”.

    Enacted provision · exact public law section
    (a) Section 31(a) of the Arms Export Control Act is 22 USC 2771. amended by striking out “$677,000,000 for the fiscal year 1978” and inserting in lieu thereof “$682,000,000 for the fiscal year 1978 and $674,300,000 for the fiscal year 1979”.

17. 1978

    Pub. L. 95–384 § 20(b) · 92 Stat. 730

    Substituted · 22 U.S.C. § 2771(b)

    Pub. L. 95–384, § 20(b), substituted “$2,152,350,000 for the fiscal year 1978 and $2,085,500,000 for the fiscal year 1979, of which amount for each such year” for “$2,102,350,000 for the fiscal year 1978, of which”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–384, § 20(b), substituted “$2,152,350,000 for the fiscal year 1978 and $2,085,500,000 for the fiscal year 1979, of which amount for each such year” for “$2,102,350,000 for the fiscal year 1978, of which”.

    Enacted provision · exact public law section
    (b) Section 31(b) of such Act is amended by striking out “$2,102,350,000 for the fiscal year 1978, of which” and inserting in lieu thereof “$2,152,350,000 for the fiscal year 1978 and $2,085,500,000 for the fiscal year 1979, of which amount for each such year”.

18. 1978

    Pub. L. 95–384 § 20(c) · 92 Stat. 730

    Substituted · 22 U.S.C. § 2771(c)

    Pub. L. 95–384, § 20(c), substituted “fiscal year 1979” for “fiscal year 1978”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–384, § 20(c), substituted “fiscal year 1979” for “fiscal year 1978”.

    Enacted provision · exact public law section
    (c) Section 31(c) of such Act is amended by striking out “fiscal year 1978” and inserting in lieu thereof “fiscal year 1979”.

19. 1978

    Pub. L. 95–384 § 20(d) · 92 Stat. 730

    Substituted · 22 U.S.C. § 2771(d)

    Pub. L. 95–384, § 20(d), substituted “$150,000,000” for “$100,000,000”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–384, § 20(d), substituted “$150,000,000” for “$100,000,000”.

    Enacted provision · exact public law section
    (d) Section 31(d) of such Act is amended by striking out “$100,000,000” and inserting in lieu thereof “$150,000,000”.

20. 1979

    Pub. L. 96–92 § 17(a)(1) · 93 Stat. 701

    Substituted · 22 U.S.C. § 2771(a)

    Pub. L. 96–92, § 17(a)(1), substituted “$673,500,000 for the fiscal year 1980” for “$682,000,000 for the fiscal year 1978 and $674,300,000 for the fiscal year 1979”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–92, § 17(a)(1), substituted “$673,500,000 for the fiscal year 1980” for “$682,000,000 for the fiscal year 1978 and $674,300,000 for the fiscal year 1979”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out “$682,000,000 for the fiscal year 1978 and $674,300,000 for the fiscal year 1979” and inserting in lieu thereof “$673,500,000 for the fiscal year 1980”;

21. 1979

    Pub. L. 96–92 § 17(a)(2) · 93 Stat. 701

    Substituted · 22 U.S.C. § 2771(b)

    Pub. L. 96–92, § 17(a)(2), substituted “$2,235,000,000 for the fiscal year 1980, of which” for “$2,152,350,000 for the fiscal year 1978 and $2,085,500,000 for the fiscal year 1979, of which amount for each such year”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–92, § 17(a)(2), substituted “$2,235,000,000 for the fiscal year 1980, of which” for “$2,152,350,000 for the fiscal year 1978 and $2,085,500,000 for the fiscal year 1979, of which amount for each such year”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking out “$2,152,350,000 for the fiscal year 1978 and $2,085,500,000 for the fiscal year 1979, of which amount for each such year” and inserting in lieu thereof “$2,235,000,000 for the fiscal year 1980, of which”,

22. 1979

    Pub. L. 96–92 § 17(a)(3) · 93 Stat. 701

    Substituted · 22 U.S.C. § 2771(c)

    Pub. L. 96–92, § 17(a)(3), substituted “fiscal year 1980” for “fiscal year 1979”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–92, § 17(a)(3), substituted “fiscal year 1980” for “fiscal year 1979”.

    Enacted provision · exact public law section
    (3) in subsection (c), by striking out “fiscal year 1979” and inserting in lieu thereof “fiscal year 1980”; and

23. 1979

    Pub. L. 96–92 § 17(a)(4) · 93 Stat. 701

    Substituted · 22 U.S.C. § 2771(d)

    Pub. L. 96–92, § 17(a)(4), substituted “$250,000,000” for “$150,000,000”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–92, § 17(a)(4), substituted “$250,000,000” for “$150,000,000”.

    Enacted provision · exact public law section
    (4) in subsection (d), by striking out “$150,000,000” and inserting in lieu thereof “$250,000,000”.

24. 1980

    International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 title I · 94 Stat. 3131

    Substituted · 22 U.S.C. § 2771(a)

    Pub. L. 96–533, §§ 104(d), 106(a), placed a limit on extension of credits and loan guaranties not to exceed amount established in appropriation of funds to carry out this chapter and substituted “$500,000,000 for the fiscal year 1981” for “$673,500,000 for the fiscal year 1980”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–533, §§ 104(d), 106(a), placed a limit on extension of credits and loan guaranties not to exceed amount established in appropriation of funds to carry out this chapter and substituted “$500,000,000 for the fiscal year 1981” for “$673,500,000 for the fiscal year 1980”.

    Enacted provision · exact public law
    TITLE I— MILITARY AND RELATED ASSISTANCE AND SALES PROGRAMS Sec. 101. third country transfers (a) (1) Section 3(d) of the Arms Export Control Act is 22 USC 2753. amended— (A) by redesignating existing paragraph (3) as paragraph (4); and (B) by inserting the following new paragraph (3) immediately after paragraph (2): “(3) The President may not give his consent to the transfer to a Report to Congress. third country of a defense article or a defense service valued (in terms of its original acquisition costs) at $25,000,000 or more, or of major defense equipment valued (in terms of its original acquisition costs) at $7,000,000 or more, the export of which has been licensed or approved under section 38 of this Act, unless at least 30 calendar days before 22 USC 2778. giving such consent the President submits to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report containing the information specified in subparagraphs (A) through (E) of paragraph (1).”. (2) Such section is further amended— (A) in the last sentence of paragraph (1) by striking out “subsection” and inserting in lieu thereof “paragraph”; and (B) in paragraph (2) by inserting “paragraph (1) of” immediately before “this subsection”. (b) Paragraph (4) of section 3(d) of such Act, as so redesignated by subsection (a)(1)(A) of this section, is amended— (1) by striking out “or” at the end of subparagraph (B); (2) by striking out the period at the end of clause (ii) of subparagraph (C) and inserting in lieu thereof or”; and (3) by adding at the end thereof the following new subparagraph: “(D) to transfers to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, of any major defense equipment valued (in terms of its original acquisition cost) at less than $7,000,000 or of any defense article or related training or other defense service valued (in terms of its original acquisition cost) at less than $25,000,000.”. Sec. 102. performance of defense services Section 21(c) of the Arms Export Control Act is amended— (1) by striking out “training, advising, or otherwise providing assistance regarding combat activities” and inserting in lieu thereof “training and advising that may engage United States personnel in combat activities”; (2) by inserting “(1)” immediately after “(c)”; and (3) by adding at the end thereof the following: “(2) Within 48 hours after the outbreak of significant hostilities involving a country in which United States personnel are performing defense services pursuant to this Act or the Foreign Assistance Act of 22 USC 2151 note. 1961, the President shall submit to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth— “(A) the identity of such country and a description of such hostilities; and “(B) the number of members of the United States Armed Forces and the number of United States civilian personnel performing defense services related to such hostilities in such country, their location, the precise nature of their activities, and the likelihood of their becoming engaged in or endangered by hostilities.”. Sec. 103. reciprocal training agreements Section 21(g) of the Arms Export Control Act is amended by striking out “In carrying out section 814 of the Act of October 7, 10 USC 2451 note. 1975 (Public Law 94–106), the President may enter into North Atlantic Treaty Organization standardization agreements” and inserting in lieu thereof “The President may enter into North Atlantic Treaty Organization standardization agreements in carrying out section 814 of the Act of October 7, 1975 (Public Law 94–106), and may enter into similar agreements with Japan, Australia, and New Zealand,”. Sec. 104. guaranty reserve (a) Section 24(c) of the Arms Export Control Act is amended to read as follows: “(c) Funds obligated under this section before the date of enactment of the International Security and Development Cooperation Act Ante, p. 3131. of 1980 which constitute a single reserve for the payment of claims under guaranties issued under this section shall remain available for expenditure for the purposes of this section on and after that date. Report to Congress. The President shall report promptly to the Congress whenever the payment of a claim under any such guaranty reduces the total amount of funds in the single reserve under this subsection to an amount less than $750,000,000, together with his recommendations for the authorization of appropriations of additional funds for such reserve. For purposes of any provision in this Act or any other Act relating to a prohibition or limitation on the availability of funds under this Act, whenever a guaranty is issued under this section, the principal amount of the loan so guaranteed shall be deemed to be funds made available for use under this Act. Any guaranties issued hereunder shall be backed by the full faith and credit of the United States.”. (b) Section 37 of such Act is amended by adding at the end thereof 22 USC 2777. the following: “(c) Notwithstanding the provisions of subsection (b), to the extent that any of the funds constituting the reserve under section 24(c) are Ante, p. 3132. paid out for a claim arising out of a loan guaranteed under section 24, amounts received from a foreign government or international organization after the date of such payment, with respect to such claim, shall be credited to such reserve, shall be merged with the funds in such reserve, and shall be available for any purpose for which funds in such reserve are available.”. (c) Section 25(a) of such Act is amended— 22 USC 2765. (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5); and (2) by inserting after paragraph (2) the following: “(3) the total amount of funds in the reserve under section 24(c) Ante, p. 3132. at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guaranties issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 1961;”. 22 USC 2394. 22 USC 2771. (d) Section 31(a) of such Act is amended by inserting immediately after the first sentence the following new sentence: “Credits may not be extended under section 23 of this Act in an amount, and loans may 22 USC 2763. 22 USC 2764. not be guaranteed under section 24(a) of this Act in a principal amount, which exceeds any maximum amount which may be established with respect to such credits or such loan guarantees in legislation appropriating funds to carry out this Act.”. Sec. 105. military construction (a) The Arms Export Control Act is amended by inserting immediately after chapter 2 the following new chapter: “Chapter 2A— Foreign Military Construction Sales “Sec. 29. Foreign Military Construction Sales.— The President 22 USC 2769. may sell design and construction services to any eligible foreign country or international organization if such country or international organization agrees to pay in United States dollars not less than the full cost to the United States Government of furnishing such services. Payment shall be made to the United States Government in advance of the performance of such services by officers or employees of the United States Government. The President may, without Contracts. requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of design and construction services for sale under this section if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such time as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due.”. (b) (1) Section 21(h) of such Act is amended by striking out “defense articles or defense services” both places it appears and inserting in lieu thereof “defense articles, defense services, or design and construction services”. (2) Section 22(c) of such Act is amended to read as follows: “(c) The provisions of the Renegotiation Act of 1951 do not apply to procurement contracts heretofore or hereafter entered into under Ante, p. 3133. 22 USC 2763, 2764, 2771. this section, section 29, or predecessor provisions of law.”. (3) Sections 23, 24(a), and 31(c) of such Act are each amended by striking out “defense articles and defense services” each place it appears and inserting in lieu thereof “defense articles, defense services, and design and construction services”. (c) Section 36(a) of such Act is amended— (1) by striking out “and” immediately after the semicolon at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraph: “(9) a listing of each sale under section 29 during the quarter for which such report is made, specifying (A) the purchaser, (B) the United States Government department or agency responsible for implementing the sale, (C) an estimate of the dollar amount of the sale, and (D) a general description of the real property facilities to be constructed pursuant to such sale; and”. (d) (1) Section 36(b)(1) of such Act is amended in the first sentence by inserting “any design and construction services for $200,000,000 or more,” immediately after “$25,000,000 or more,”. (2) Such section is further amended— (A) in the first sentence by inserting “, or (in the case of a sale of design and construction services) the information specified in clauses (A) through (D) of paragraph (9) of subsection (a),” immediately after “subsection (a)” the first place it appears; (B) in the second sentence by striking out “or defense services” and inserting in lieu thereof “, defense services, or design and construction services,”; and (C) in the third sentence— (i) in subparagraph (A) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (ii) in subparagraph (C) by striking out “or defense service” and inserting in lieu thereof “, defense service, or design and construction service”; (iii) in subparagraph (E) by striking out “or services” both places it appears and inserting in lieu thereof “, defense services, or design and construction services”; (iv) in subparagraph (I) by striking out “or services” both places it appears and inserting in lieu thereof “, defense services, or design and construction services”; (v) in subparagraph (J) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (vi) in subparagraph (K) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (vii) in subparagraph (L) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (viii) in subparagraph (M) by striking out “services, or” the first place it appears and inserting in lieu thereof “defense services, design and construction services, or defense”; and (ix) in subparagraph (N) by inserting “, defense services, or design and construction services” immediately after “defense articles”. (e) (1) Section 37(a) of such Act is amended by striking out “sections 22 USC 2777. 21 and 22” and inserting in lieu thereof “sections 21, 22, and 29”. (2) Section 39 of such Act is amended— 22 USC 2779. (A) in subsection (a) by inserting “, or of design and construction services under section 29,” immediately after “section 22”; and (B) in subsection (c) by inserting “or section 29” immediately after “section 22”. (3) Section 42 of such Act is amended— 22 USC 2791. (A) in subsection (d) by striking out “and 24” and inserting in lieu thereof “24, and 29”; and (B) in subsection (e) by striking out “and 22” both places that it appears and inserting in lieu thereof “, 22, and 29”. (f) Section 47 of such Act is amended— 22 USC 2794. (1) in paragraph (4) by inserting “, but does not include design and construction services under section 29 of this Act” immediately after “military sales”; (2) in paragraph (6) by striking out “and” immediately after the semicolon; (3) in paragraph (7) by striking out the period and inserting in lieu thereof “, and”; and (4) by adding at the end thereof the following new paragraph: “(8) ‘design and construction services’ means, with respect to sales “Design and construction services.” Ante, p. 3133. under section 29 of this Act, the design and construction of real property facilities, including necessary construction equipment and materials, engineering services, construction contract management services relating thereto, and technical advisory assistance in the operation and maintenance of real property facilities provided or performed by any department or agency of the Department of Defense or by a contractor pursuant to a contract with such department or agency.”. Sec. 106. foreign military sales authorization and aggregate ceiling (a) Section 31(a) of the Arms Export Control Act is 22 USC 2771. amended by striking out “$673,500,000 for the fiscal year 1980” and inserting in lieu thereof “$500,000,000 for the fiscal year 1981”. (b) Section 31(b) of such Act is amended to read as follows: “(b) (1) The total amount of credits, or participations in credits, extended pursuant to section 23 of this Act for the fiscal year 1981 22 USC 2763. shall not exceed $500,000,000. “(2) The total principal amount of loans guaranteed pursuant to section 24(a) of this Act for the fiscal year 1981 shall not exceed 22 USC 2764. $2,616,000,000. “(3) Of the aggregate total of such credits, or participations in credits, and of the total principal amount of such loans guaranteed, not less than $1,400,000,000 for the fiscal year 1981 shall be available only for Israel, of which $200,000,000 shall be available only for costs associated with the relocation of Israeli forces from the Sinai.”. (c) Section 31(c) of such Act is amended— (1) in the first sentence by striking out “fiscal year 1980” and inserting in lieu thereof “fiscal year 1981”; and (2) in the last sentence by striking out “one-half” and inserting in lieu thereof “$500,000,000”. (d) The principal amount of the loans guaranteed under section 22 USC 2764. 24(a) of such Act for the fiscal year 1981 with respect to Egypt, the Sudan, Greece, and Turkey shall be repaid, and with respect to Somalia may be repaid, in not less than twenty years, following a grace period of ten years on repayment of principal. Sec. 107. commercial exports of defense articles and defense services (a) Section 38(b)(3) of the Arms Export Control Act is amended by striking out “$35,000,000” and inserting in lieu thereof “$100,000,000”. (b) Section 36(c) of such Act is amended— (1) in the first sentence by striking out “not less than 30 days”; (2) by redesignating paragraphs (1), (2), and (3) as clauses (A), (B), and (C), respectively; (3) in the last sentence by striking out “paragraph (2)” and inserting in lieu thereof “clause (B)” and by striking out “paragraph (3)” and inserting in lieu thereof “clause (C)”; (4) by inserting “(1)” immediately after “(c)”; and (5) by adding at the end thereof the following: “(2) Unless the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, a license for export described in paragraph (1)— “(A) shall not be issued until at least 30 calendar days after the Congress receives such certification; and “(B) shall not be issued then if the Congress, within such 30-day period, adopts a concurrent resolution stating that it objects to the proposed export, except that this subparagraph does not apply with respect to a license issued for an export to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand. If the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, thus waiving the requirements of subparagraphs (A) and (B) of this paragraph, he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the export license and a discussion of the national security interests involved. “(3) (A) Any resolution under this subsection shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 90 Stat. 765. 1976. “(B) For the purpose of expediting the consideration and adoption of concurrent resolutions under this subsection, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.”. (c) Section 38(a) of such Act is amended by adding at the end thereof the following new paragraph: “(3) In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this Act as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations.”. (d) Section 25(d)(1) of such Act is amended— 22 USC 2765. (1) in the first sentence by inserting “and licensed commercial exports” immediately after “sales” both places it appears; and (2) in the second sentence— (A) by inserting “and licensed commercial exports” immediately after “Sales”, and (B) by inserting “or of an export license” immediately after “letter of offer”. Sec. 108. export controls on certain items on the munitions list (a) The President shall review the categories of defense Review. articles and defense services on the United States Munitions List in order to determine which of such articles and services, if any, should be removed from such List. The President shall report to the Congress Report to Congress. concerning the results of this review not later than 120 days after the date of enactment of this Act. With respect to this review, it is the sense of the Congress that defense articles and services should not be removed from the United States Munitions List— (1) if they are specifically designed, modified, adapted, or equipped for military application or use; (2) if they do contain sensitive technology used for military, security, intelligence, or cryptographic purposes; (3) if they are related to nuclear weapons development, production, or testing, or to systems capable of delivering nuclear weapons, or to spacecraft; or (4) if they are otherwise of such a particular nature as to warrant continued export control under section 38 of the Arms Export Control Act. 22 USC 2778. Study. 22 USC 2372. (b) In addition, the President shall study whether section 620B of the Foreign Assistance Act of 1961 should be amended in order to allow the issuance of licenses under section 38 of the Arms Export Control Act for the export of (1) communications and electronics equipment with a direct civilian application; (2) transport, utility, or training helicopters with a direct civilian application; (3) propeller-driven transport, utility, or training aircraft; (4) trucks and vehicles with a direct civilian application; or (5) defense services related to any of the items described in clauses (1) through (4). The President shall Report to Congress. report the results of this study to the Congress within 120 days after the date of enactment of this Act. Sec. 109. leasing of defense property (a) Not less than thirty days before the Secretary of a Notification of Congress. 10 USC 2667 note. military department exercises his authority under section 2667 of title 10, United States Code, in order to lease defense property to a foreign government for a period of more than six months, the President shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, a written notification which specifies— (1) the country to which such defense property is to be leased; (2) the type, quantity, and value of the defense property to be leased; (3) the terms and duration of the lease; and (4) a justification for the lease. (b) Each such lease agreement shall be subject to the approval of the Secretary of State. (c) Each such lease agreement shall be provided to the Congress not later than thirty days after its date of signature. (d) The President may waive the requirements of subsections (a) and (b) of this section if he determines and immediately reports such determination to the Congress that an emergency exists which requires such lease in the national security interests of the United States. (e) As used in this section, the term “defense property” means any major defense equipment (as defined in section 47(6) of the Arms Export Control Act) valued at $7,000,000 or more and any other property valued at $25,000,000 or more. (f) Section 36(a) of the Arms Export Control Act is amended by inserting the following new paragraph immediately after paragraph (9), as added by section 105(c) of this Act: “(10) a listing (classified if necessary) of all property valued at $1,000,000 or more which was leased, during the quarter for which such report is submitted, to a foreign government for a period of more than six months under section 2667 of title 10, United States Code.”. Sec. 110. exportation of uranium depleted in the isotope 235 Upon a finding that an export of uranium depleted in the isotope 235 is incorporated in defense articles or commodities solely to take advantage of high density or pyrophoric characteristics unrelated to its radioactivity, such exports shall be exempt from the 42 USC 2011 note. 22 USC 3201 note. 22 USC 2751 note. 50 USC app. 2401 note. provisions of the Atomic Energy Act of 1954 and of the Nuclear Non-Proliferation Act of 1978 when such exports are subject to the controls established under the Arms Export Control Act or the Export Administration Act of 1979. Sec. 111. notification of certain commercial exports to countries supporting international terrorism Section 6(i) of the Export Administration Act of 1979 is amended in text preceding paragraph (1) by striking out “of the Senate” and inserting in lieu thereof “and the Committee on Foreign Relations of the Senate at least 30 days”. Sec. 112. military assistance (a) Section 503(a) of the Foreign Assistance Act of 1961 is amended— (1) by striking out “or” at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof”; or”; and (3) by inserting at the end thereof the following new paragraph: “(3) transferring such of the funds appropriated or otherwise made available under this chapter as the President may determine for assistance to a recipient specified in section 504(a)(1) of Post, p. 3139. this Act, within the dollar limitations of that section, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms 22 USC 2761, 2762. Export Control Act have been deposited for such recipient, to be merged with such deposited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act.”. (b) Section 504(a)(1) of such Act is amended to read as follows: Appropriation authorization. 22 USC 2312. “(a) (1) There are authorized to be appropriated to the President to carry out the purposes of this chapter not to exceed $106,100,000 for the fiscal year 1981. Not more than the following amounts of funds available to carry out this chapter may be allocated and made available for assistance to each of the following countries for the fiscal year 1981: Portugal $51,000,000 Spain 3,600,000 The Philippines 25,000,000 The Sudan 1,700,000 The amount specified in this paragraph for military assistance to any such country may be increased by not more than 10 percent of such amount if the President deems such increase necessary for the purposes of this chapter.”. (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”. (d) Section 516(a) of such Act is amended— 22 USC 2321j. (1) by striking out “September 30, 1980” and inserting in lieu thereof “September 30, 1982”; and (2) by striking out “three” and inserting in lieu thereof “five”. Sec. 113. stockpiling of defense articles for foreign countries Section 514(b)(2) of the Foreign Assistance Act of 1961 is 22 USC 2321h. amended by striking out “$95,000,000 for the fiscal year 1980” and inserting in lieu thereof “$85,000,000 for the fiscal year 1981”. Sec. 114. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended— (1) in subsection (b)(1)— (A) by striking out “fiscal year 1980” and inserting in lieu thereof “fiscal year 1981”; (B) by striking out “the countries specified in section 504(a)(1) and in” and inserting in lieu thereof “Portugal, Supra. Spain, Jordan, the Philippines,”; and (C) by striking out “Iran, Kuwait” and inserting in lieu thereof “Egypt”; (2) in subsection (b)(3)— (A) by striking out “Iran, Kuwait, and”; (B) by striking out “countries” and inserting in lieu thereof “country”; and (C) by striking out “each”; and (3) in the last sentence of subsection (f)— (A) by inserting “six more than” immediately after “may not exceed”; (B) by striking out “December 31, 1978” and inserting in lieu thereof “December 31, 1979”; and (C) by inserting “and countries to which military personnel have been assigned pursuant to subsection (c)” immediately after “such countries”. Sec. 115. international military education and training (a) The first sentence of section 542 of the Foreign 22 USC 2347a. Assistance Act of 1961 is amended by striking out all that follows “the purposes of this chapter” and inserting in lieu thereof “$34,000,000 for the fiscal year 1981.”. (b) (1) Section 644(m) of such Act is amended— (A) by striking out “and” at the end of paragraph (3); (B) by striking out the period at the end of paragraph (4) and inserting in lieu thereof and”; and (C) by adding at the end thereof the following new paragraph: “(5) with respect to military education and training, the additional costs that are incurred by the United States Government in furnishing such assistance.”. (2) Section 21(a)(3) of the Arms Export Control Act is amended by inserting immediately before the period the following: “, except that in the case of training sold to a purchaser who is concurrently receiving assistance under chapter 5 of part II of the Foreign 22 USC 2347. Assistance Act of 1961, only those additional costs that are incurred by the United States Government in furnishing such training”. Sec. 116. peacekeeping operations (a) Section 552(a) of the Foreign Assistance Act of 1961 is amended by striking out “$21,100,000 for the fiscal year 1980” and inserting in lieu thereof “$25,000,000 for the fiscal year 1981”. (b) Section 553 of such Act is repealed and section 554 is redesignated as section 553. Sec. 117. special authority (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. (b) Section 652 of such Act is amended by striking out “, 610(a), or 614(a)” and inserting in lieu thereof “or 610(a)”. Sec. 118. military or paramilitary operations in angola (a) Notwithstanding any other provision of law, no 22 USC 2293 note. assistance of any kind may be provided for the purpose, or which would have the effect, of promoting or augmenting, directly or indirectly, the capacity of any nation, group, organization, movement, or individual to conduct military or paramilitary operations in Angola unless and until— (1) the President determines that such assistance should be furnished in the national security interests of the United States; (2) the President submits to the Committee on Foreign Affairs Report to congressional committees. of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing— (A) a description of the amounts and categories of assistance which he recommends be furnished and the identity of the proposed recipients of such assistance; and (B) a certification that he has determined that the furnishing of such assistance is important to the national security interests of the United States and a detailed statement of the reasons supporting such determination; and (3) the Congress enacts a joint resolution approving the furnishing Joint resolution. of such assistance. (b) If introduced within 30 days after the submission of the report required by paragraph (2) of subsection (a), a resolution under paragraph (3) of subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 and in the 90 Stat. 765. House of Representatives in accordance with the procedures applicable to the consideration of resolutions of disapproval under section 36(b) of the Arms Export Control Act. 22 USC 2776. (c) The prohibition contained in subsection (a) does not apply with respect to assistance which is furnished solely for humanitarian purposes. (d) The provisions of this section may not be waived under any other provision of law. (e) Section 404 of the International Security Assistance and Arms Repeal. 22 USC 2293 note. Export Control Act of 1976 is repealed. Sec. 119. prohibition on military assistance to nicaragua None of the funds authorized to be appropriated by this 22 USC 2151 note. title shall be made available for any aid or assistance to Nicaragua.

25. 1980

    International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 § 106(b) · 94 Stat. 3131

    1. Substituted · 22 U.S.C. § 2771(b)

       Pub. L. 96–533, § 106(b), in revising subsec. (b), substituted par. (1) and (2) limits on amount of credits or participations in credits and loan guaranties for fiscal year 1981 in amounts of $500,000,000 and $2,616,000,000 for prior combined sum limited to $2,235,000,000 for fiscal year 1980

    2. Substituted · 22 U.S.C. § 2771(b)

       Pub. L. 96–533, § 106(b), in revising subsec. (b), substituted par. (3) earmarking minimum of $1,400,000,000 only for Israel for fiscal year 1981, including availability of $200,000,000 for costs associated with relocation of Israeli forces from the Sinai for prior prescription of minimum sum of $1,000,000,000 as available only for Israel

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–533, § 106(b), in revising subsec. (b), substituted par. (1) and (2) limits on amount of credits or participations in credits and loan guaranties for fiscal year 1981 in amounts of $500,000,000 and $2,616,000,000 for prior combined sum limited to $2,235,000,000 for fiscal year 1980 and substituted par. (3) earmarking minimum of $1,400,000,000 only for Israel for fiscal year 1981, including availability of $200,000,000 for costs associated with relocation of Israeli forces from the Sinai for prior prescription of minimum sum of $1,000,000,000 as available only for Israel.

    Enacted provision · exact public law section
    (b) Section 31(b) of such Act is amended to read as follows: “(b) (1) The total amount of credits, or participations in credits, extended pursuant to section 23 of this Act for the fiscal year 1981 22 USC 2763. shall not exceed $500,000,000. “(2) The total principal amount of loans guaranteed pursuant to section 24(a) of this Act for the fiscal year 1981 shall not exceed 22 USC 2764. $2,616,000,000. “(3) Of the aggregate total of such credits, or participations in credits, and of the total principal amount of such loans guaranteed, not less than $1,400,000,000 for the fiscal year 1981 shall be available only for Israel, of which $200,000,000 shall be available only for costs associated with the relocation of Israeli forces from the Sinai.”.

26. 1980

    International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 title I · 94 Stat. 3131

    1. Substituted · 22 U.S.C. § 2771(c)

       Pub. L. 96–533, §§ 105(b)(3), 106(c), substituted “defense articles, defense services, and design and construction services” for “defense articles and defense services”

    2. Substituted · 22 U.S.C. § 2771(c)

       Pub. L. 96–533, §§ 105(b)(3), 106(c), substituted “1981” for “1980”

    3. Substituted · 22 U.S.C. § 2771(c)

       Pub. L. 96–533, §§ 105(b)(3), 106(c), substituted “$500,000,000” for “one-half”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–533, §§ 105(b)(3), 106(c), substituted “defense articles, defense services, and design and construction services” for “defense articles and defense services” in two places, “1981” for “1980” in two places, and “$500,000,000” for “one-half”.

    Enacted provision · exact public law
    TITLE I— MILITARY AND RELATED ASSISTANCE AND SALES PROGRAMS Sec. 101. third country transfers (a) (1) Section 3(d) of the Arms Export Control Act is 22 USC 2753. amended— (A) by redesignating existing paragraph (3) as paragraph (4); and (B) by inserting the following new paragraph (3) immediately after paragraph (2): “(3) The President may not give his consent to the transfer to a Report to Congress. third country of a defense article or a defense service valued (in terms of its original acquisition costs) at $25,000,000 or more, or of major defense equipment valued (in terms of its original acquisition costs) at $7,000,000 or more, the export of which has been licensed or approved under section 38 of this Act, unless at least 30 calendar days before 22 USC 2778. giving such consent the President submits to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report containing the information specified in subparagraphs (A) through (E) of paragraph (1).”. (2) Such section is further amended— (A) in the last sentence of paragraph (1) by striking out “subsection” and inserting in lieu thereof “paragraph”; and (B) in paragraph (2) by inserting “paragraph (1) of” immediately before “this subsection”. (b) Paragraph (4) of section 3(d) of such Act, as so redesignated by subsection (a)(1)(A) of this section, is amended— (1) by striking out “or” at the end of subparagraph (B); (2) by striking out the period at the end of clause (ii) of subparagraph (C) and inserting in lieu thereof or”; and (3) by adding at the end thereof the following new subparagraph: “(D) to transfers to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, of any major defense equipment valued (in terms of its original acquisition cost) at less than $7,000,000 or of any defense article or related training or other defense service valued (in terms of its original acquisition cost) at less than $25,000,000.”. Sec. 102. performance of defense services Section 21(c) of the Arms Export Control Act is amended— (1) by striking out “training, advising, or otherwise providing assistance regarding combat activities” and inserting in lieu thereof “training and advising that may engage United States personnel in combat activities”; (2) by inserting “(1)” immediately after “(c)”; and (3) by adding at the end thereof the following: “(2) Within 48 hours after the outbreak of significant hostilities involving a country in which United States personnel are performing defense services pursuant to this Act or the Foreign Assistance Act of 22 USC 2151 note. 1961, the President shall submit to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth— “(A) the identity of such country and a description of such hostilities; and “(B) the number of members of the United States Armed Forces and the number of United States civilian personnel performing defense services related to such hostilities in such country, their location, the precise nature of their activities, and the likelihood of their becoming engaged in or endangered by hostilities.”. Sec. 103. reciprocal training agreements Section 21(g) of the Arms Export Control Act is amended by striking out “In carrying out section 814 of the Act of October 7, 10 USC 2451 note. 1975 (Public Law 94–106), the President may enter into North Atlantic Treaty Organization standardization agreements” and inserting in lieu thereof “The President may enter into North Atlantic Treaty Organization standardization agreements in carrying out section 814 of the Act of October 7, 1975 (Public Law 94–106), and may enter into similar agreements with Japan, Australia, and New Zealand,”. Sec. 104. guaranty reserve (a) Section 24(c) of the Arms Export Control Act is amended to read as follows: “(c) Funds obligated under this section before the date of enactment of the International Security and Development Cooperation Act Ante, p. 3131. of 1980 which constitute a single reserve for the payment of claims under guaranties issued under this section shall remain available for expenditure for the purposes of this section on and after that date. Report to Congress. The President shall report promptly to the Congress whenever the payment of a claim under any such guaranty reduces the total amount of funds in the single reserve under this subsection to an amount less than $750,000,000, together with his recommendations for the authorization of appropriations of additional funds for such reserve. For purposes of any provision in this Act or any other Act relating to a prohibition or limitation on the availability of funds under this Act, whenever a guaranty is issued under this section, the principal amount of the loan so guaranteed shall be deemed to be funds made available for use under this Act. Any guaranties issued hereunder shall be backed by the full faith and credit of the United States.”. (b) Section 37 of such Act is amended by adding at the end thereof 22 USC 2777. the following: “(c) Notwithstanding the provisions of subsection (b), to the extent that any of the funds constituting the reserve under section 24(c) are Ante, p. 3132. paid out for a claim arising out of a loan guaranteed under section 24, amounts received from a foreign government or international organization after the date of such payment, with respect to such claim, shall be credited to such reserve, shall be merged with the funds in such reserve, and shall be available for any purpose for which funds in such reserve are available.”. (c) Section 25(a) of such Act is amended— 22 USC 2765. (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5); and (2) by inserting after paragraph (2) the following: “(3) the total amount of funds in the reserve under section 24(c) Ante, p. 3132. at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guaranties issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 1961;”. 22 USC 2394. 22 USC 2771. (d) Section 31(a) of such Act is amended by inserting immediately after the first sentence the following new sentence: “Credits may not be extended under section 23 of this Act in an amount, and loans may 22 USC 2763. 22 USC 2764. not be guaranteed under section 24(a) of this Act in a principal amount, which exceeds any maximum amount which may be established with respect to such credits or such loan guarantees in legislation appropriating funds to carry out this Act.”. Sec. 105. military construction (a) The Arms Export Control Act is amended by inserting immediately after chapter 2 the following new chapter: “Chapter 2A— Foreign Military Construction Sales “Sec. 29. Foreign Military Construction Sales.— The President 22 USC 2769. may sell design and construction services to any eligible foreign country or international organization if such country or international organization agrees to pay in United States dollars not less than the full cost to the United States Government of furnishing such services. Payment shall be made to the United States Government in advance of the performance of such services by officers or employees of the United States Government. The President may, without Contracts. requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of design and construction services for sale under this section if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such time as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due.”. (b) (1) Section 21(h) of such Act is amended by striking out “defense articles or defense services” both places it appears and inserting in lieu thereof “defense articles, defense services, or design and construction services”. (2) Section 22(c) of such Act is amended to read as follows: “(c) The provisions of the Renegotiation Act of 1951 do not apply to procurement contracts heretofore or hereafter entered into under Ante, p. 3133. 22 USC 2763, 2764, 2771. this section, section 29, or predecessor provisions of law.”. (3) Sections 23, 24(a), and 31(c) of such Act are each amended by striking out “defense articles and defense services” each place it appears and inserting in lieu thereof “defense articles, defense services, and design and construction services”. (c) Section 36(a) of such Act is amended— (1) by striking out “and” immediately after the semicolon at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraph: “(9) a listing of each sale under section 29 during the quarter for which such report is made, specifying (A) the purchaser, (B) the United States Government department or agency responsible for implementing the sale, (C) an estimate of the dollar amount of the sale, and (D) a general description of the real property facilities to be constructed pursuant to such sale; and”. (d) (1) Section 36(b)(1) of such Act is amended in the first sentence by inserting “any design and construction services for $200,000,000 or more,” immediately after “$25,000,000 or more,”. (2) Such section is further amended— (A) in the first sentence by inserting “, or (in the case of a sale of design and construction services) the information specified in clauses (A) through (D) of paragraph (9) of subsection (a),” immediately after “subsection (a)” the first place it appears; (B) in the second sentence by striking out “or defense services” and inserting in lieu thereof “, defense services, or design and construction services,”; and (C) in the third sentence— (i) in subparagraph (A) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (ii) in subparagraph (C) by striking out “or defense service” and inserting in lieu thereof “, defense service, or design and construction service”; (iii) in subparagraph (E) by striking out “or services” both places it appears and inserting in lieu thereof “, defense services, or design and construction services”; (iv) in subparagraph (I) by striking out “or services” both places it appears and inserting in lieu thereof “, defense services, or design and construction services”; (v) in subparagraph (J) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (vi) in subparagraph (K) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (vii) in subparagraph (L) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (viii) in subparagraph (M) by striking out “services, or” the first place it appears and inserting in lieu thereof “defense services, design and construction services, or defense”; and (ix) in subparagraph (N) by inserting “, defense services, or design and construction services” immediately after “defense articles”. (e) (1) Section 37(a) of such Act is amended by striking out “sections 22 USC 2777. 21 and 22” and inserting in lieu thereof “sections 21, 22, and 29”. (2) Section 39 of such Act is amended— 22 USC 2779. (A) in subsection (a) by inserting “, or of design and construction services under section 29,” immediately after “section 22”; and (B) in subsection (c) by inserting “or section 29” immediately after “section 22”. (3) Section 42 of such Act is amended— 22 USC 2791. (A) in subsection (d) by striking out “and 24” and inserting in lieu thereof “24, and 29”; and (B) in subsection (e) by striking out “and 22” both places that it appears and inserting in lieu thereof “, 22, and 29”. (f) Section 47 of such Act is amended— 22 USC 2794. (1) in paragraph (4) by inserting “, but does not include design and construction services under section 29 of this Act” immediately after “military sales”; (2) in paragraph (6) by striking out “and” immediately after the semicolon; (3) in paragraph (7) by striking out the period and inserting in lieu thereof “, and”; and (4) by adding at the end thereof the following new paragraph: “(8) ‘design and construction services’ means, with respect to sales “Design and construction services.” Ante, p. 3133. under section 29 of this Act, the design and construction of real property facilities, including necessary construction equipment and materials, engineering services, construction contract management services relating thereto, and technical advisory assistance in the operation and maintenance of real property facilities provided or performed by any department or agency of the Department of Defense or by a contractor pursuant to a contract with such department or agency.”. Sec. 106. foreign military sales authorization and aggregate ceiling (a) Section 31(a) of the Arms Export Control Act is 22 USC 2771. amended by striking out “$673,500,000 for the fiscal year 1980” and inserting in lieu thereof “$500,000,000 for the fiscal year 1981”. (b) Section 31(b) of such Act is amended to read as follows: “(b) (1) The total amount of credits, or participations in credits, extended pursuant to section 23 of this Act for the fiscal year 1981 22 USC 2763. shall not exceed $500,000,000. “(2) The total principal amount of loans guaranteed pursuant to section 24(a) of this Act for the fiscal year 1981 shall not exceed 22 USC 2764. $2,616,000,000. “(3) Of the aggregate total of such credits, or participations in credits, and of the total principal amount of such loans guaranteed, not less than $1,400,000,000 for the fiscal year 1981 shall be available only for Israel, of which $200,000,000 shall be available only for costs associated with the relocation of Israeli forces from the Sinai.”. (c) Section 31(c) of such Act is amended— (1) in the first sentence by striking out “fiscal year 1980” and inserting in lieu thereof “fiscal year 1981”; and (2) in the last sentence by striking out “one-half” and inserting in lieu thereof “$500,000,000”. (d) The principal amount of the loans guaranteed under section 22 USC 2764. 24(a) of such Act for the fiscal year 1981 with respect to Egypt, the Sudan, Greece, and Turkey shall be repaid, and with respect to Somalia may be repaid, in not less than twenty years, following a grace period of ten years on repayment of principal. Sec. 107. commercial exports of defense articles and defense services (a) Section 38(b)(3) of the Arms Export Control Act is amended by striking out “$35,000,000” and inserting in lieu thereof “$100,000,000”. (b) Section 36(c) of such Act is amended— (1) in the first sentence by striking out “not less than 30 days”; (2) by redesignating paragraphs (1), (2), and (3) as clauses (A), (B), and (C), respectively; (3) in the last sentence by striking out “paragraph (2)” and inserting in lieu thereof “clause (B)” and by striking out “paragraph (3)” and inserting in lieu thereof “clause (C)”; (4) by inserting “(1)” immediately after “(c)”; and (5) by adding at the end thereof the following: “(2) Unless the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, a license for export described in paragraph (1)— “(A) shall not be issued until at least 30 calendar days after the Congress receives such certification; and “(B) shall not be issued then if the Congress, within such 30-day period, adopts a concurrent resolution stating that it objects to the proposed export, except that this subparagraph does not apply with respect to a license issued for an export to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand. If the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, thus waiving the requirements of subparagraphs (A) and (B) of this paragraph, he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the export license and a discussion of the national security interests involved. “(3) (A) Any resolution under this subsection shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 90 Stat. 765. 1976. “(B) For the purpose of expediting the consideration and adoption of concurrent resolutions under this subsection, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.”. (c) Section 38(a) of such Act is amended by adding at the end thereof the following new paragraph: “(3) In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this Act as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations.”. (d) Section 25(d)(1) of such Act is amended— 22 USC 2765. (1) in the first sentence by inserting “and licensed commercial exports” immediately after “sales” both places it appears; and (2) in the second sentence— (A) by inserting “and licensed commercial exports” immediately after “Sales”, and (B) by inserting “or of an export license” immediately after “letter of offer”. Sec. 108. export controls on certain items on the munitions list (a) The President shall review the categories of defense Review. articles and defense services on the United States Munitions List in order to determine which of such articles and services, if any, should be removed from such List. The President shall report to the Congress Report to Congress. concerning the results of this review not later than 120 days after the date of enactment of this Act. With respect to this review, it is the sense of the Congress that defense articles and services should not be removed from the United States Munitions List— (1) if they are specifically designed, modified, adapted, or equipped for military application or use; (2) if they do contain sensitive technology used for military, security, intelligence, or cryptographic purposes; (3) if they are related to nuclear weapons development, production, or testing, or to systems capable of delivering nuclear weapons, or to spacecraft; or (4) if they are otherwise of such a particular nature as to warrant continued export control under section 38 of the Arms Export Control Act. 22 USC 2778. Study. 22 USC 2372. (b) In addition, the President shall study whether section 620B of the Foreign Assistance Act of 1961 should be amended in order to allow the issuance of licenses under section 38 of the Arms Export Control Act for the export of (1) communications and electronics equipment with a direct civilian application; (2) transport, utility, or training helicopters with a direct civilian application; (3) propeller-driven transport, utility, or training aircraft; (4) trucks and vehicles with a direct civilian application; or (5) defense services related to any of the items described in clauses (1) through (4). The President shall Report to Congress. report the results of this study to the Congress within 120 days after the date of enactment of this Act. Sec. 109. leasing of defense property (a) Not less than thirty days before the Secretary of a Notification of Congress. 10 USC 2667 note. military department exercises his authority under section 2667 of title 10, United States Code, in order to lease defense property to a foreign government for a period of more than six months, the President shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, a written notification which specifies— (1) the country to which such defense property is to be leased; (2) the type, quantity, and value of the defense property to be leased; (3) the terms and duration of the lease; and (4) a justification for the lease. (b) Each such lease agreement shall be subject to the approval of the Secretary of State. (c) Each such lease agreement shall be provided to the Congress not later than thirty days after its date of signature. (d) The President may waive the requirements of subsections (a) and (b) of this section if he determines and immediately reports such determination to the Congress that an emergency exists which requires such lease in the national security interests of the United States. (e) As used in this section, the term “defense property” means any major defense equipment (as defined in section 47(6) of the Arms Export Control Act) valued at $7,000,000 or more and any other property valued at $25,000,000 or more. (f) Section 36(a) of the Arms Export Control Act is amended by inserting the following new paragraph immediately after paragraph (9), as added by section 105(c) of this Act: “(10) a listing (classified if necessary) of all property valued at $1,000,000 or more which was leased, during the quarter for which such report is submitted, to a foreign government for a period of more than six months under section 2667 of title 10, United States Code.”. Sec. 110. exportation of uranium depleted in the isotope 235 Upon a finding that an export of uranium depleted in the isotope 235 is incorporated in defense articles or commodities solely to take advantage of high density or pyrophoric characteristics unrelated to its radioactivity, such exports shall be exempt from the 42 USC 2011 note. 22 USC 3201 note. 22 USC 2751 note. 50 USC app. 2401 note. provisions of the Atomic Energy Act of 1954 and of the Nuclear Non-Proliferation Act of 1978 when such exports are subject to the controls established under the Arms Export Control Act or the Export Administration Act of 1979. Sec. 111. notification of certain commercial exports to countries supporting international terrorism Section 6(i) of the Export Administration Act of 1979 is amended in text preceding paragraph (1) by striking out “of the Senate” and inserting in lieu thereof “and the Committee on Foreign Relations of the Senate at least 30 days”. Sec. 112. military assistance (a) Section 503(a) of the Foreign Assistance Act of 1961 is amended— (1) by striking out “or” at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof”; or”; and (3) by inserting at the end thereof the following new paragraph: “(3) transferring such of the funds appropriated or otherwise made available under this chapter as the President may determine for assistance to a recipient specified in section 504(a)(1) of Post, p. 3139. this Act, within the dollar limitations of that section, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms 22 USC 2761, 2762. Export Control Act have been deposited for such recipient, to be merged with such deposited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act.”. (b) Section 504(a)(1) of such Act is amended to read as follows: Appropriation authorization. 22 USC 2312. “(a) (1) There are authorized to be appropriated to the President to carry out the purposes of this chapter not to exceed $106,100,000 for the fiscal year 1981. Not more than the following amounts of funds available to carry out this chapter may be allocated and made available for assistance to each of the following countries for the fiscal year 1981: Portugal $51,000,000 Spain 3,600,000 The Philippines 25,000,000 The Sudan 1,700,000 The amount specified in this paragraph for military assistance to any such country may be increased by not more than 10 percent of such amount if the President deems such increase necessary for the purposes of this chapter.”. (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”. (d) Section 516(a) of such Act is amended— 22 USC 2321j. (1) by striking out “September 30, 1980” and inserting in lieu thereof “September 30, 1982”; and (2) by striking out “three” and inserting in lieu thereof “five”. Sec. 113. stockpiling of defense articles for foreign countries Section 514(b)(2) of the Foreign Assistance Act of 1961 is 22 USC 2321h. amended by striking out “$95,000,000 for the fiscal year 1980” and inserting in lieu thereof “$85,000,000 for the fiscal year 1981”. Sec. 114. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended— (1) in subsection (b)(1)— (A) by striking out “fiscal year 1980” and inserting in lieu thereof “fiscal year 1981”; (B) by striking out “the countries specified in section 504(a)(1) and in” and inserting in lieu thereof “Portugal, Supra. Spain, Jordan, the Philippines,”; and (C) by striking out “Iran, Kuwait” and inserting in lieu thereof “Egypt”; (2) in subsection (b)(3)— (A) by striking out “Iran, Kuwait, and”; (B) by striking out “countries” and inserting in lieu thereof “country”; and (C) by striking out “each”; and (3) in the last sentence of subsection (f)— (A) by inserting “six more than” immediately after “may not exceed”; (B) by striking out “December 31, 1978” and inserting in lieu thereof “December 31, 1979”; and (C) by inserting “and countries to which military personnel have been assigned pursuant to subsection (c)” immediately after “such countries”. Sec. 115. international military education and training (a) The first sentence of section 542 of the Foreign 22 USC 2347a. Assistance Act of 1961 is amended by striking out all that follows “the purposes of this chapter” and inserting in lieu thereof “$34,000,000 for the fiscal year 1981.”. (b) (1) Section 644(m) of such Act is amended— (A) by striking out “and” at the end of paragraph (3); (B) by striking out the period at the end of paragraph (4) and inserting in lieu thereof and”; and (C) by adding at the end thereof the following new paragraph: “(5) with respect to military education and training, the additional costs that are incurred by the United States Government in furnishing such assistance.”. (2) Section 21(a)(3) of the Arms Export Control Act is amended by inserting immediately before the period the following: “, except that in the case of training sold to a purchaser who is concurrently receiving assistance under chapter 5 of part II of the Foreign 22 USC 2347. Assistance Act of 1961, only those additional costs that are incurred by the United States Government in furnishing such training”. Sec. 116. peacekeeping operations (a) Section 552(a) of the Foreign Assistance Act of 1961 is amended by striking out “$21,100,000 for the fiscal year 1980” and inserting in lieu thereof “$25,000,000 for the fiscal year 1981”. (b) Section 553 of such Act is repealed and section 554 is redesignated as section 553. Sec. 117. special authority (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. (b) Section 652 of such Act is amended by striking out “, 610(a), or 614(a)” and inserting in lieu thereof “or 610(a)”. Sec. 118. military or paramilitary operations in angola (a) Notwithstanding any other provision of law, no 22 USC 2293 note. assistance of any kind may be provided for the purpose, or which would have the effect, of promoting or augmenting, directly or indirectly, the capacity of any nation, group, organization, movement, or individual to conduct military or paramilitary operations in Angola unless and until— (1) the President determines that such assistance should be furnished in the national security interests of the United States; (2) the President submits to the Committee on Foreign Affairs Report to congressional committees. of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing— (A) a description of the amounts and categories of assistance which he recommends be furnished and the identity of the proposed recipients of such assistance; and (B) a certification that he has determined that the furnishing of such assistance is important to the national security interests of the United States and a detailed statement of the reasons supporting such determination; and (3) the Congress enacts a joint resolution approving the furnishing Joint resolution. of such assistance. (b) If introduced within 30 days after the submission of the report required by paragraph (2) of subsection (a), a resolution under paragraph (3) of subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 and in the 90 Stat. 765. House of Representatives in accordance with the procedures applicable to the consideration of resolutions of disapproval under section 36(b) of the Arms Export Control Act. 22 USC 2776. (c) The prohibition contained in subsection (a) does not apply with respect to assistance which is furnished solely for humanitarian purposes. (d) The provisions of this section may not be waived under any other provision of law. (e) Section 404 of the International Security Assistance and Arms Repeal. 22 USC 2293 note. Export Control Act of 1976 is repealed. Sec. 119. prohibition on military assistance to nicaragua None of the funds authorized to be appropriated by this 22 USC 2151 note. title shall be made available for any aid or assistance to Nicaragua.

27. 1981

    Pub. L. 97–113 § 105(a) · 95 Stat. 1519

    Substituted · 22 U.S.C. § 2771(a)

    Pub. L. 97–113, § 105(a), substituted “$800,000,000 for the fiscal year 1982 and $800,000,000 for the fiscal year 1983” for “$500,000,000 for the fiscal year 1981”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–113, § 105(a), substituted “$800,000,000 for the fiscal year 1982 and $800,000,000 for the fiscal year 1983” for “$500,000,000 for the fiscal year 1981”.

    Enacted provision · exact public law section
    (a) Section 31(a) of the Arms Export Control Act is 22 USC 2771. amended by striking out “$500,000,000 for the fiscal year 1981” and inserting in lieu thereof “$800,000,000 for the fiscal year 1982 and $800,000,000 for the fiscal year 1983”.

28. 1981

    Pub. L. 97–113 § 105(b) · 95 Stat. 1519

    1. Struck · 22 U.S.C. § 2771(b)

       Pub. L. 97–113, § 105(b), prescribed in par. (1) $800,000,000 limit on credits for fiscal years 1982 and 1983, striking out $500,000,000 limit for fiscal year 1981, in par. (2) $3,269,525,000 limit on total principal amount of guaranteed loans for fiscal years 1982 and 1983

    2. Struck · 22 U.S.C. § 2771(b)

       Pub. L. 97–113, § 105(b), prescribed in par. (1) $800,000,000 limit on credits for fiscal years 1982 and 1983, striking out $2,616,000,000 limit for fiscal year 1981, and in par. (3) $1,400,000,000 minimum for Israel in fiscal years 1982 and 1983, the same sum made available for fiscal year 1981, including requirement of $550,000,000 minimum of such funds for such fiscal years as credits under section 2763 of this title

    3. Struck · 22 U.S.C. § 2771(b)

       Pub. L. 97–113, § 105(b), prescribed in par. (1) $800,000,000 limit on credits for fiscal years 1982 and 1983, striking out requirement for Israeli use of $200,000,000 of available funds only for relocation costs from the Sinai

    4. Added · 22 U.S.C. § 2771(b)

       Pub. L. 97–113, § 105(b), prescribed in par. (1) $800,000,000 limit on credits for fiscal years 1982 and 1983, added pars. (4) to (7)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–113, § 105(b), prescribed in par. (1) $800,000,000 limit on credits for fiscal years 1982 and 1983, striking out $500,000,000 limit for fiscal year 1981, in par. (2) $3,269,525,000 limit on total principal amount of guaranteed loans for fiscal years 1982 and 1983, striking out $2,616,000,000 limit for fiscal year 1981, and in par. (3) $1,400,000,000 minimum for Israel in fiscal years 1982 and 1983, the same sum made available for fiscal year 1981, including requirement of $550,000,000 minimum of such funds for such fiscal years as credits under section 2763 of this title, striking out requirement for Israeli use of $200,000,000 of available funds only for relocation costs from the Sinai, and added pars. (4) to (7).

    Enacted provision · exact public law section
    (b) Section 31(b) of such Act is amended to read as follows: “(b) (1) The total amount of credits (or participations in credits) extended under section 23 of this Act shall not exceed $800,000,000 for 22 USC 2763. the fiscal year 1982 and $800,000,000 for the fiscal year 1983. “(2) The total principal amount of loans guaranteed under section 24(a) of this Act shall not exceed $3,269,525,000 for the fiscal year 22 USC 2764. 1982 and $3,269,525,000 for the fiscal year 1983. “(3) Of the aggregate total of credits (or participations in credits) under section 23 of this Act, and of the total principal amount of loans guaranteed under section 24(a) of this Act, not less than $1,400,000,000 for the fiscal year 1982 and not less than $1,400,000,000 for the fiscal year 1983 shall be available only for Israel, of which not less than $550,000,000 for each such year shall be available as credits under section 23 of this Act. “(4) Of the amount available under paragraph (2) of this subsection for loan guaranties under section 24(a) of this Act, not less than $280,000,000 for fiscal year 1982 and not less than $280,000,000 for the fiscal year 1983 shall be available only for Greece. “(5) The principal amount of loans guaranteed under section 24(a) of this Act for the fiscal year 1982, and for the fiscal year 1983 with respect to Egypt, Greece, Sudan, Somalia, and Turkey shall (if and to the extent each such country so desires) be repaid in not more than twenty years, following a grace period of ten years on repayment of principal. “(6) Of the total amount of credits (or participations in credits) 22 USC 2763. extended under section 23 of this Act for the fiscal years 1982 and 1983, not less than $200,000,000 for each such year shall be available only for Egypt, and Egypt shall be released from its contractual liability to repay the United States Government with respect to such credits and participations in credits. “(7) Of the total amount of credits (or participations in credits) extended under section 23 of this Act for the fiscal years 1982 and 1983, not less than $50,000,000 for each such year shall be available only for the Sudan, and the Sudan shall be released from its contractual liability to repay the United States Government with respect to such credits and participations in credits.”.

29. 1981

    Pub. L. 97–113 § 105(c)(1) · 95 Stat. 1519

    1. Substituted · 22 U.S.C. § 2771(c)

       Pub. L. 97–113, § 105(c)(1)–(3), substituted “fiscal year 1982 and for the fiscal year 1983” for “fiscal year 1981”

    2. Substituted · 22 U.S.C. § 2771(c)

       Pub. L. 97–113, § 105(c)(1)–(3), substituted “$550,000,000” for “$500,000,000”

    3. Substituted · 22 U.S.C. § 2771(c)

       Pub. L. 97–113, § 105(c)(1)–(3), substituted “each such year” for “such year”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–113, § 105(c)(1)–(3), substituted “fiscal year 1982 and for the fiscal year 1983” for “fiscal year 1981”, “$550,000,000” for “$500,000,000”, and “each such year” for “such year”.

    Enacted provision · exact public law section
    (1) in the first sentence by striking out “fiscal year 1981” and inserting in lieu thereof “fiscal year 1982 and for the fiscal year 1983”;

30. 1983

    Pub. L. 98–151 § 101(b)(2) · 97 Stat. 964

    1. Amended · 22 U.S.C. § 2771(b)(3)

       Pub. L. 98–151 amended par. (3) generally

    2. Substituted · 22 U.S.C. § 2771(b)(3)

       Pub. L. 98–151 substituting provisions authorizing not less than $1,700,000,000 for fiscal year 1984 as available to Israel, of which not less than $850,000,000 shall be available as credits under section 2763 of this title, and provisions relating to availability of funds part of the total aggregate credit ceiling made available to Israel, for provisions authorizing not less than $1,400,000,000 for the fiscal years 1982 and 1983 as available to Israel, of which not less than $550,000,000 for each year shall be available as credits

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 98–151 amended par. (3) generally, substituting provisions authorizing not less than $1,700,000,000 for fiscal year 1984 as available to Israel, of which not less than $850,000,000 shall be available as credits under section 2763 of this title, and provisions relating to availability of funds part of the total aggregate credit ceiling made available to Israel, for provisions authorizing not less than $1,400,000,000 for the fiscal years 1982 and 1983 as available to Israel, of which not less than $550,000,000 for each year shall be available as credits.

    Enacted provision · exact public law section
    (2) Section 101(b)(2) of this joint resolution may be cited as the “International Security and Development Assistance Authorizations Act of 1983”. authorizations of appropriations There is authorized to be appropriated to the President $1,315,000,000 for the Fiscal year 1984 to carry out section 23 of the 22 USC 2763. 22 USC 2764. Arms Export Control Act. The total principal amount of loans guaranteed under section 24(a) of the Arms Export Control Act shall not exceed $4,446,500,000 for the fiscal year 1984. There are authorized to be appropriated for the fiscal year 1984 the following amounts to carry out the following provisions of the Foreign Assistance Act of 1961: (1) $725,213,000 to carry out section 103. 22 USC 2151a. (2) $244,600,000 to carry out section 104(b). 22 USC 2151b. (3) $133,400,000 to carry out section 104(c). (4) $121,477,000 to carry out section 105. 22 USC 2151c. (5) $160,000,000 to carry out section 106. 22 USC 2151d. (6) $103,000,000 to carry out section 121. 22 USC 2151s. (7) $30,000,000 to carry out section 214. 22 USC 2174. (8) $266,214,000 to carry out chapter 3 of part I. 22 USC 2221. (9) $47,000,000 to carry out section 481. 22 USC 2291. (10) $25,000,000 to carry out section 491. 22 USC 2292. (11) $3,074,000,000 to carry out chapter 4 of part II. 22 USC 2346. (12) $639,700,000 to carry out section 503. 22 USC 2311. (13) $56,452,000 to carry out chapter 5 of part II. 22 USC 2347. (14) $46,200,000 to carry out chapter 6 of part II. 22 USC 2348. (15) $22,000,000 to carry out section 661. 22 USC 2421. (16) $370,000,000 to carry out section 667. 22 USC 2427. There is authorized to be appropriated to the President to carry out the African Development Foundation Act $3,000,000 for the 22 USC 290h note. fiscal year 1984. There is authorized to be appropriated to carry out the Peace Corps Act $116,000,000 for the fiscal year 1984. 22 USC 2501 note. Section 10 of Public Law 91–672 and section 15(a) of the State Department Basic Authorities Act of 1956 shall not apply with 22 USC 2412. 22 USC 2680. respect to funds appropriated for “Migration and Refugee Assistance” or for the Inter-American Foundation by the joint resolution of October 1, 1983 (Public Law 98–107), as amended by this joint Ante, p. 733. resolution. assistance for israel and egypt Section 31(b)(3) of the Arms Export Control Act is amended to 22 USC 2771. read as follows: “(3) Of the aggregate total of credits (or participations in credits) extended under section 23 of this Act and of the total principal 22 USC 2763. 22 USC 2764. amount of loans guaranteed under section 24(a) of this Act, not less than $1,700,000,000 for the fiscal year 1984 shall be available only for Israel, of which not less than $850,000,000 shall be credits under section 23. Of the total aggregate credit ceiling made available to Israel, up to $300,000,000 shall be made available for research and development activities in the United States and $250,000,000 shall be made available for the procurement of defense articles and defense services in Israel for the Lavi program.”. Section 31(c) of such Act is amended— 22 USC 2771. (a) in the first sentence by striking out “for the fiscal year 1982 and for the fiscal year 1983” and inserting in lieu thereof “for the fiscal year 1984”; and (b) in the last sentence— (1) by striking out “$550,000,000” and inserting in lieu thereof “$850,000,000 for the fiscal year 1984”; and (2) by striking out “for each such year”. Section 31(b)(6) of such Act is amended to read as follows: “(6) Of the total amounts of credits (or participations in credits) extended under section 23 of this Act, not less than $465,000,000 for the fiscal year 1984 shall be available only for Egypt, and Egypt shall be released from its contractual liability to repay the United States Government with respect to such credits (and participations in credits). Of the total principal amount of loans guaranteed under 22 USC 2764. section 24(a) of this Act, not less than $900,000,000 for the fiscal year 1984 shall be available only for Egypt.”. 22 USC 2771. Section 31(b)(5) of such Act is amended by striking out “for the fiscal year 1982 and for the fiscal year 1983” and inserting in lieu thereof “for the fiscal year 1984”. 22 USC 2346a. Section 532 of the Foreign Assistance Act of 1961 is amended to read as follows: “Sec. 532. Earmarking for Israel and Egypt.—Of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1984, not less than $910,000,000 shall be available only for Israel and not less than $750,000,000 shall be available only for Egypt.”. conditions on military assistance for el salvador Not more than 70 percent of the amount made available for the 22 USC 2311, 2347. 22 USC 2751 note. fiscal year 1984 for military assistance for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until— (1) Salvadoran authorities have substantially concluded all investigative actions in the case of the National Guardsmen charged with murder in the deaths of the four United States churchwomen in December 1980 that were set forth in communications from the Department of State (including the letters dated July 8 and September 23, 1983); and (2) Salvadoran authorities have brought the accused to trial and have obtained a verdict. Presidential determination and certification to Congress. Not more than 90 percent of the amount made available for the fiscal year 1984 for military assistance for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until the President has determined and certified to the Congress that— (1) the Government of El Salvador has not taken any action which would alter, suspend, or terminate the land reform program for phase I or phase III promulgated under Decree 154 (dated March 5, 1980) or Decree 207 (dated April 28, 1980) in a manner detrimental to the rights of the beneficiaries or the potential beneficiaries under those decrees; and (2) the Government of El Salvador continues to make documented progress on implementing the land reform program. minority set-aside Except to the extent that the Administrator of the Agency for International Development determines otherwise, not less than 10 percent of the aggregate of the funds made available for the fiscal year 1984 to carry out chapter 1 of part I of the Foreign Assistance 22 USC 2151. Act of 1961 shall be made available only for activities of economically and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assistance 22 USC 2151 note. Act of 1977), historically Black colleges and universities, and private and voluntary organizations which are controlled by individuals who are Black Americans, Hispanic Americans, or Native Americans, or who are economically and socially disadvantaged (within the meaning of section 133(c)(5) (B) and (C) of the Interna-tional Development and Food Assistance Act of 1977). For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women. minority resource center None of the funds authorized to be appropriated for the fiscal year 1984 to carry out the Foreign Assistance Act of 1961 may be used to 22 USC 2151 note. eliminate the Minority Resource Center as a separate and distinct entity within the Agency for International Development, including implementation of a consolidation of the Minority Resource Center with the Office of Small and Disadvantaged Business Utilization under section 133(c)(8) of the International Development and Food Assistance Act of 1977. 22 USC 2151 note. promoting the development of the haitian people and providing for orderly emigration from haiti It is the sense of the Congress that for the fiscal year 1984 up to $24,000,000 of the funds available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, and up to $10,000,000 of the 22 USC 2151. 22 USC 2346. funds available to carry out chapter 4 of part II of such Act, should be made available for development assistance for Haiti, subject to the limitation contained in the third paragraph of this heading. To the maximum extent practicable, assistance for Haiti undei chapter 1 of part I and under chapter 4 of part II of the Foreign Assistance Act of 1961 should be provided through private and voluntary organizations. Funds available for fiscal year 1984 to carry out chapter 1 of part 1 Presidential determination. 22 USC 2151, 2311, 2346, 2347 22 USC 2751 note. or chapter 2, 4, or 5 of part II of the Foreign Assistance Act of 1961 may be obligated for Haiti, and credits may be extended and guarantees may be issued under the Arms Export Control Act for Haiti, only if the President determines that the Government of Haiti— (1) is continuing to cooperate with the United States in halting illegal emigration to the United States from Haiti; (2) is cooperating fully in implementing United States development, food, and other economic assistance programs in Haiti (including programs for prior fiscal years); and (3) is making a concerted and significant effort to improve the human rights situation in Haiti by implementing the political reforms which are essential to the development of democracy in Haiti, including the establishment of political parties, free elections, and freedom of the press. Six months after the date of enactment of this section, the Report to Congress. President shall report to the Congress on the extent to which the actions of the Government of Haiti are consistent with each numbered provision contained in the third paragraph of this heading. Notwithstanding the limitations of section 660 of the Foreign Assistance Act of 1961, funds made available under such Act for the 22 USC 2420. fiscal year 1984 may be used for programs with Haiti, which shall be consistent with prevailing United States refugee policies, to assist in halting significant illegal emigration from Haiti to the United States. private sector revolving fund Enactment. 22 USC 2151f. The amendment contained in section 407 of H.R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, is hereby enacted. antiterrorism assistance program Enactment. 22 USC 2304, 2349aa-2349aa-6, 2349aa note, 2403. Enactment. 22 USC 2304, 2349aa-2349aa-6, 2349aa note, 2403. The amendments contained in title II of H R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, are hereby enacted, except that, for purposes of such enactment, section 575 of the Foreign Assistance Act of 1961 shall read as follows: 22 USC 2349aa-4. “Sec. 575. Appropriations.—There is authorized to be appropriated to the President to carry out this chapter $5,000,000 for the fiscal year 1984. Amounts appropriated under this section are authorized to remain available until expended.”.

31. 1983

    Pub. L. 98–151 § 101(b)(2) · 97 Stat. 964

    Substituted · 22 U.S.C. § 2771(b)(5)

    Pub. L. 98–151 substituted “1984” for “1982 and for the fiscal year 1983”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 98–151 substituted “1984” for “1982 and for the fiscal year 1983”.

    Enacted provision · exact public law section
    (2) Section 101(b)(2) of this joint resolution may be cited as the “International Security and Development Assistance Authorizations Act of 1983”. authorizations of appropriations There is authorized to be appropriated to the President $1,315,000,000 for the Fiscal year 1984 to carry out section 23 of the 22 USC 2763. 22 USC 2764. Arms Export Control Act. The total principal amount of loans guaranteed under section 24(a) of the Arms Export Control Act shall not exceed $4,446,500,000 for the fiscal year 1984. There are authorized to be appropriated for the fiscal year 1984 the following amounts to carry out the following provisions of the Foreign Assistance Act of 1961: (1) $725,213,000 to carry out section 103. 22 USC 2151a. (2) $244,600,000 to carry out section 104(b). 22 USC 2151b. (3) $133,400,000 to carry out section 104(c). (4) $121,477,000 to carry out section 105. 22 USC 2151c. (5) $160,000,000 to carry out section 106. 22 USC 2151d. (6) $103,000,000 to carry out section 121. 22 USC 2151s. (7) $30,000,000 to carry out section 214. 22 USC 2174. (8) $266,214,000 to carry out chapter 3 of part I. 22 USC 2221. (9) $47,000,000 to carry out section 481. 22 USC 2291. (10) $25,000,000 to carry out section 491. 22 USC 2292. (11) $3,074,000,000 to carry out chapter 4 of part II. 22 USC 2346. (12) $639,700,000 to carry out section 503. 22 USC 2311. (13) $56,452,000 to carry out chapter 5 of part II. 22 USC 2347. (14) $46,200,000 to carry out chapter 6 of part II. 22 USC 2348. (15) $22,000,000 to carry out section 661. 22 USC 2421. (16) $370,000,000 to carry out section 667. 22 USC 2427. There is authorized to be appropriated to the President to carry out the African Development Foundation Act $3,000,000 for the 22 USC 290h note. fiscal year 1984. There is authorized to be appropriated to carry out the Peace Corps Act $116,000,000 for the fiscal year 1984. 22 USC 2501 note. Section 10 of Public Law 91–672 and section 15(a) of the State Department Basic Authorities Act of 1956 shall not apply with 22 USC 2412. 22 USC 2680. respect to funds appropriated for “Migration and Refugee Assistance” or for the Inter-American Foundation by the joint resolution of October 1, 1983 (Public Law 98–107), as amended by this joint Ante, p. 733. resolution. assistance for israel and egypt Section 31(b)(3) of the Arms Export Control Act is amended to 22 USC 2771. read as follows: “(3) Of the aggregate total of credits (or participations in credits) extended under section 23 of this Act and of the total principal 22 USC 2763. 22 USC 2764. amount of loans guaranteed under section 24(a) of this Act, not less than $1,700,000,000 for the fiscal year 1984 shall be available only for Israel, of which not less than $850,000,000 shall be credits under section 23. Of the total aggregate credit ceiling made available to Israel, up to $300,000,000 shall be made available for research and development activities in the United States and $250,000,000 shall be made available for the procurement of defense articles and defense services in Israel for the Lavi program.”. Section 31(c) of such Act is amended— 22 USC 2771. (a) in the first sentence by striking out “for the fiscal year 1982 and for the fiscal year 1983” and inserting in lieu thereof “for the fiscal year 1984”; and (b) in the last sentence— (1) by striking out “$550,000,000” and inserting in lieu thereof “$850,000,000 for the fiscal year 1984”; and (2) by striking out “for each such year”. Section 31(b)(6) of such Act is amended to read as follows: “(6) Of the total amounts of credits (or participations in credits) extended under section 23 of this Act, not less than $465,000,000 for the fiscal year 1984 shall be available only for Egypt, and Egypt shall be released from its contractual liability to repay the United States Government with respect to such credits (and participations in credits). Of the total principal amount of loans guaranteed under 22 USC 2764. section 24(a) of this Act, not less than $900,000,000 for the fiscal year 1984 shall be available only for Egypt.”. 22 USC 2771. Section 31(b)(5) of such Act is amended by striking out “for the fiscal year 1982 and for the fiscal year 1983” and inserting in lieu thereof “for the fiscal year 1984”. 22 USC 2346a. Section 532 of the Foreign Assistance Act of 1961 is amended to read as follows: “Sec. 532. Earmarking for Israel and Egypt.—Of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1984, not less than $910,000,000 shall be available only for Israel and not less than $750,000,000 shall be available only for Egypt.”. conditions on military assistance for el salvador Not more than 70 percent of the amount made available for the 22 USC 2311, 2347. 22 USC 2751 note. fiscal year 1984 for military assistance for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until— (1) Salvadoran authorities have substantially concluded all investigative actions in the case of the National Guardsmen charged with murder in the deaths of the four United States churchwomen in December 1980 that were set forth in communications from the Department of State (including the letters dated July 8 and September 23, 1983); and (2) Salvadoran authorities have brought the accused to trial and have obtained a verdict. Presidential determination and certification to Congress. Not more than 90 percent of the amount made available for the fiscal year 1984 for military assistance for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until the President has determined and certified to the Congress that— (1) the Government of El Salvador has not taken any action which would alter, suspend, or terminate the land reform program for phase I or phase III promulgated under Decree 154 (dated March 5, 1980) or Decree 207 (dated April 28, 1980) in a manner detrimental to the rights of the beneficiaries or the potential beneficiaries under those decrees; and (2) the Government of El Salvador continues to make documented progress on implementing the land reform program. minority set-aside Except to the extent that the Administrator of the Agency for International Development determines otherwise, not less than 10 percent of the aggregate of the funds made available for the fiscal year 1984 to carry out chapter 1 of part I of the Foreign Assistance 22 USC 2151. Act of 1961 shall be made available only for activities of economically and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assistance 22 USC 2151 note. Act of 1977), historically Black colleges and universities, and private and voluntary organizations which are controlled by individuals who are Black Americans, Hispanic Americans, or Native Americans, or who are economically and socially disadvantaged (within the meaning of section 133(c)(5) (B) and (C) of the Interna-tional Development and Food Assistance Act of 1977). For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women. minority resource center None of the funds authorized to be appropriated for the fiscal year 1984 to carry out the Foreign Assistance Act of 1961 may be used to 22 USC 2151 note. eliminate the Minority Resource Center as a separate and distinct entity within the Agency for International Development, including implementation of a consolidation of the Minority Resource Center with the Office of Small and Disadvantaged Business Utilization under section 133(c)(8) of the International Development and Food Assistance Act of 1977. 22 USC 2151 note. promoting the development of the haitian people and providing for orderly emigration from haiti It is the sense of the Congress that for the fiscal year 1984 up to $24,000,000 of the funds available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, and up to $10,000,000 of the 22 USC 2151. 22 USC 2346. funds available to carry out chapter 4 of part II of such Act, should be made available for development assistance for Haiti, subject to the limitation contained in the third paragraph of this heading. To the maximum extent practicable, assistance for Haiti undei chapter 1 of part I and under chapter 4 of part II of the Foreign Assistance Act of 1961 should be provided through private and voluntary organizations. Funds available for fiscal year 1984 to carry out chapter 1 of part 1 Presidential determination. 22 USC 2151, 2311, 2346, 2347 22 USC 2751 note. or chapter 2, 4, or 5 of part II of the Foreign Assistance Act of 1961 may be obligated for Haiti, and credits may be extended and guarantees may be issued under the Arms Export Control Act for Haiti, only if the President determines that the Government of Haiti— (1) is continuing to cooperate with the United States in halting illegal emigration to the United States from Haiti; (2) is cooperating fully in implementing United States development, food, and other economic assistance programs in Haiti (including programs for prior fiscal years); and (3) is making a concerted and significant effort to improve the human rights situation in Haiti by implementing the political reforms which are essential to the development of democracy in Haiti, including the establishment of political parties, free elections, and freedom of the press. Six months after the date of enactment of this section, the Report to Congress. President shall report to the Congress on the extent to which the actions of the Government of Haiti are consistent with each numbered provision contained in the third paragraph of this heading. Notwithstanding the limitations of section 660 of the Foreign Assistance Act of 1961, funds made available under such Act for the 22 USC 2420. fiscal year 1984 may be used for programs with Haiti, which shall be consistent with prevailing United States refugee policies, to assist in halting significant illegal emigration from Haiti to the United States. private sector revolving fund Enactment. 22 USC 2151f. The amendment contained in section 407 of H.R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, is hereby enacted. antiterrorism assistance program Enactment. 22 USC 2304, 2349aa-2349aa-6, 2349aa note, 2403. Enactment. 22 USC 2304, 2349aa-2349aa-6, 2349aa note, 2403. The amendments contained in title II of H R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, are hereby enacted, except that, for purposes of such enactment, section 575 of the Foreign Assistance Act of 1961 shall read as follows: 22 USC 2349aa-4. “Sec. 575. Appropriations.—There is authorized to be appropriated to the President to carry out this chapter $5,000,000 for the fiscal year 1984. Amounts appropriated under this section are authorized to remain available until expended.”.

32. 1983

    Pub. L. 98–151 § 101(b)(2) · 97 Stat. 964

    1. Amended · 22 U.S.C. § 2771(b)(6)

       Pub. L. 98–151 amended par. (6) generally

    2. Inserted · 22 U.S.C. § 2771(b)(6)

       Pub. L. 98–151 inserting provisions relating to availability to Egypt for fiscal year 1984 of not less than $900,000,000 of the total principal amount of loans guaranteed

    3. Substituted · 22 U.S.C. § 2771(b)(6)

       Pub. L. 98–151 substituting provisions authorizing not less than $465,000,000 for fiscal year 1984, for provisions authorizing not less than $200,000,000 for fiscal years 1982 and 1983

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 98–151 amended par. (6) generally, inserting provisions relating to availability to Egypt for fiscal year 1984 of not less than $900,000,000 of the total principal amount of loans guaranteed, and substituting provisions authorizing not less than $465,000,000 for fiscal year 1984, for provisions authorizing not less than $200,000,000 for fiscal years 1982 and 1983.

    Enacted provision · exact public law section
    (2) Section 101(b)(2) of this joint resolution may be cited as the “International Security and Development Assistance Authorizations Act of 1983”. authorizations of appropriations There is authorized to be appropriated to the President $1,315,000,000 for the Fiscal year 1984 to carry out section 23 of the 22 USC 2763. 22 USC 2764. Arms Export Control Act. The total principal amount of loans guaranteed under section 24(a) of the Arms Export Control Act shall not exceed $4,446,500,000 for the fiscal year 1984. There are authorized to be appropriated for the fiscal year 1984 the following amounts to carry out the following provisions of the Foreign Assistance Act of 1961: (1) $725,213,000 to carry out section 103. 22 USC 2151a. (2) $244,600,000 to carry out section 104(b). 22 USC 2151b. (3) $133,400,000 to carry out section 104(c). (4) $121,477,000 to carry out section 105. 22 USC 2151c. (5) $160,000,000 to carry out section 106. 22 USC 2151d. (6) $103,000,000 to carry out section 121. 22 USC 2151s. (7) $30,000,000 to carry out section 214. 22 USC 2174. (8) $266,214,000 to carry out chapter 3 of part I. 22 USC 2221. (9) $47,000,000 to carry out section 481. 22 USC 2291. (10) $25,000,000 to carry out section 491. 22 USC 2292. (11) $3,074,000,000 to carry out chapter 4 of part II. 22 USC 2346. (12) $639,700,000 to carry out section 503. 22 USC 2311. (13) $56,452,000 to carry out chapter 5 of part II. 22 USC 2347. (14) $46,200,000 to carry out chapter 6 of part II. 22 USC 2348. (15) $22,000,000 to carry out section 661. 22 USC 2421. (16) $370,000,000 to carry out section 667. 22 USC 2427. There is authorized to be appropriated to the President to carry out the African Development Foundation Act $3,000,000 for the 22 USC 290h note. fiscal year 1984. There is authorized to be appropriated to carry out the Peace Corps Act $116,000,000 for the fiscal year 1984. 22 USC 2501 note. Section 10 of Public Law 91–672 and section 15(a) of the State Department Basic Authorities Act of 1956 shall not apply with 22 USC 2412. 22 USC 2680. respect to funds appropriated for “Migration and Refugee Assistance” or for the Inter-American Foundation by the joint resolution of October 1, 1983 (Public Law 98–107), as amended by this joint Ante, p. 733. resolution. assistance for israel and egypt Section 31(b)(3) of the Arms Export Control Act is amended to 22 USC 2771. read as follows: “(3) Of the aggregate total of credits (or participations in credits) extended under section 23 of this Act and of the total principal 22 USC 2763. 22 USC 2764. amount of loans guaranteed under section 24(a) of this Act, not less than $1,700,000,000 for the fiscal year 1984 shall be available only for Israel, of which not less than $850,000,000 shall be credits under section 23. Of the total aggregate credit ceiling made available to Israel, up to $300,000,000 shall be made available for research and development activities in the United States and $250,000,000 shall be made available for the procurement of defense articles and defense services in Israel for the Lavi program.”. Section 31(c) of such Act is amended— 22 USC 2771. (a) in the first sentence by striking out “for the fiscal year 1982 and for the fiscal year 1983” and inserting in lieu thereof “for the fiscal year 1984”; and (b) in the last sentence— (1) by striking out “$550,000,000” and inserting in lieu thereof “$850,000,000 for the fiscal year 1984”; and (2) by striking out “for each such year”. Section 31(b)(6) of such Act is amended to read as follows: “(6) Of the total amounts of credits (or participations in credits) extended under section 23 of this Act, not less than $465,000,000 for the fiscal year 1984 shall be available only for Egypt, and Egypt shall be released from its contractual liability to repay the United States Government with respect to such credits (and participations in credits). Of the total principal amount of loans guaranteed under 22 USC 2764. section 24(a) of this Act, not less than $900,000,000 for the fiscal year 1984 shall be available only for Egypt.”. 22 USC 2771. Section 31(b)(5) of such Act is amended by striking out “for the fiscal year 1982 and for the fiscal year 1983” and inserting in lieu thereof “for the fiscal year 1984”. 22 USC 2346a. Section 532 of the Foreign Assistance Act of 1961 is amended to read as follows: “Sec. 532. Earmarking for Israel and Egypt.—Of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1984, not less than $910,000,000 shall be available only for Israel and not less than $750,000,000 shall be available only for Egypt.”. conditions on military assistance for el salvador Not more than 70 percent of the amount made available for the 22 USC 2311, 2347. 22 USC 2751 note. fiscal year 1984 for military assistance for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until— (1) Salvadoran authorities have substantially concluded all investigative actions in the case of the National Guardsmen charged with murder in the deaths of the four United States churchwomen in December 1980 that were set forth in communications from the Department of State (including the letters dated July 8 and September 23, 1983); and (2) Salvadoran authorities have brought the accused to trial and have obtained a verdict. Presidential determination and certification to Congress. Not more than 90 percent of the amount made available for the fiscal year 1984 for military assistance for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until the President has determined and certified to the Congress that— (1) the Government of El Salvador has not taken any action which would alter, suspend, or terminate the land reform program for phase I or phase III promulgated under Decree 154 (dated March 5, 1980) or Decree 207 (dated April 28, 1980) in a manner detrimental to the rights of the beneficiaries or the potential beneficiaries under those decrees; and (2) the Government of El Salvador continues to make documented progress on implementing the land reform program. minority set-aside Except to the extent that the Administrator of the Agency for International Development determines otherwise, not less than 10 percent of the aggregate of the funds made available for the fiscal year 1984 to carry out chapter 1 of part I of the Foreign Assistance 22 USC 2151. Act of 1961 shall be made available only for activities of economically and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assistance 22 USC 2151 note. Act of 1977), historically Black colleges and universities, and private and voluntary organizations which are controlled by individuals who are Black Americans, Hispanic Americans, or Native Americans, or who are economically and socially disadvantaged (within the meaning of section 133(c)(5) (B) and (C) of the Interna-tional Development and Food Assistance Act of 1977). For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women. minority resource center None of the funds authorized to be appropriated for the fiscal year 1984 to carry out the Foreign Assistance Act of 1961 may be used to 22 USC 2151 note. eliminate the Minority Resource Center as a separate and distinct entity within the Agency for International Development, including implementation of a consolidation of the Minority Resource Center with the Office of Small and Disadvantaged Business Utilization under section 133(c)(8) of the International Development and Food Assistance Act of 1977. 22 USC 2151 note. promoting the development of the haitian people and providing for orderly emigration from haiti It is the sense of the Congress that for the fiscal year 1984 up to $24,000,000 of the funds available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, and up to $10,000,000 of the 22 USC 2151. 22 USC 2346. funds available to carry out chapter 4 of part II of such Act, should be made available for development assistance for Haiti, subject to the limitation contained in the third paragraph of this heading. To the maximum extent practicable, assistance for Haiti undei chapter 1 of part I and under chapter 4 of part II of the Foreign Assistance Act of 1961 should be provided through private and voluntary organizations. Funds available for fiscal year 1984 to carry out chapter 1 of part 1 Presidential determination. 22 USC 2151, 2311, 2346, 2347 22 USC 2751 note. or chapter 2, 4, or 5 of part II of the Foreign Assistance Act of 1961 may be obligated for Haiti, and credits may be extended and guarantees may be issued under the Arms Export Control Act for Haiti, only if the President determines that the Government of Haiti— (1) is continuing to cooperate with the United States in halting illegal emigration to the United States from Haiti; (2) is cooperating fully in implementing United States development, food, and other economic assistance programs in Haiti (including programs for prior fiscal years); and (3) is making a concerted and significant effort to improve the human rights situation in Haiti by implementing the political reforms which are essential to the development of democracy in Haiti, including the establishment of political parties, free elections, and freedom of the press. Six months after the date of enactment of this section, the Report to Congress. President shall report to the Congress on the extent to which the actions of the Government of Haiti are consistent with each numbered provision contained in the third paragraph of this heading. Notwithstanding the limitations of section 660 of the Foreign Assistance Act of 1961, funds made available under such Act for the 22 USC 2420. fiscal year 1984 may be used for programs with Haiti, which shall be consistent with prevailing United States refugee policies, to assist in halting significant illegal emigration from Haiti to the United States. private sector revolving fund Enactment. 22 USC 2151f. The amendment contained in section 407 of H.R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, is hereby enacted. antiterrorism assistance program Enactment. 22 USC 2304, 2349aa-2349aa-6, 2349aa note, 2403. Enactment. 22 USC 2304, 2349aa-2349aa-6, 2349aa note, 2403. The amendments contained in title II of H R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, are hereby enacted, except that, for purposes of such enactment, section 575 of the Foreign Assistance Act of 1961 shall read as follows: 22 USC 2349aa-4. “Sec. 575. Appropriations.—There is authorized to be appropriated to the President to carry out this chapter $5,000,000 for the fiscal year 1984. Amounts appropriated under this section are authorized to remain available until expended.”.

33. 1983

    Pub. L. 98–151 § 101(b)(2) · 97 Stat. 964

    1. Substituted · 22 U.S.C. § 2771(c)

       Pub. L. 98–151 substituted provisions relating to applicability to fiscal year 1984, for provisions relating to applicability to fiscal years 1982 and 1983

    2. Substituted · 22 U.S.C. § 2771(c)

       Pub. L. 98–151 substituted “$850,000,000” for “$550,000,000”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–151 substituted provisions relating to applicability to fiscal year 1984, for provisions relating to applicability to fiscal years 1982 and 1983, and substituted “$850,000,000” for “$550,000,000”.

    Enacted provision · exact public law section
    (2) Section 101(b)(2) of this joint resolution may be cited as the “International Security and Development Assistance Authorizations Act of 1983”. authorizations of appropriations There is authorized to be appropriated to the President $1,315,000,000 for the Fiscal year 1984 to carry out section 23 of the 22 USC 2763. 22 USC 2764. Arms Export Control Act. The total principal amount of loans guaranteed under section 24(a) of the Arms Export Control Act shall not exceed $4,446,500,000 for the fiscal year 1984. There are authorized to be appropriated for the fiscal year 1984 the following amounts to carry out the following provisions of the Foreign Assistance Act of 1961: (1) $725,213,000 to carry out section 103. 22 USC 2151a. (2) $244,600,000 to carry out section 104(b). 22 USC 2151b. (3) $133,400,000 to carry out section 104(c). (4) $121,477,000 to carry out section 105. 22 USC 2151c. (5) $160,000,000 to carry out section 106. 22 USC 2151d. (6) $103,000,000 to carry out section 121. 22 USC 2151s. (7) $30,000,000 to carry out section 214. 22 USC 2174. (8) $266,214,000 to carry out chapter 3 of part I. 22 USC 2221. (9) $47,000,000 to carry out section 481. 22 USC 2291. (10) $25,000,000 to carry out section 491. 22 USC 2292. (11) $3,074,000,000 to carry out chapter 4 of part II. 22 USC 2346. (12) $639,700,000 to carry out section 503. 22 USC 2311. (13) $56,452,000 to carry out chapter 5 of part II. 22 USC 2347. (14) $46,200,000 to carry out chapter 6 of part II. 22 USC 2348. (15) $22,000,000 to carry out section 661. 22 USC 2421. (16) $370,000,000 to carry out section 667. 22 USC 2427. There is authorized to be appropriated to the President to carry out the African Development Foundation Act $3,000,000 for the 22 USC 290h note. fiscal year 1984. There is authorized to be appropriated to carry out the Peace Corps Act $116,000,000 for the fiscal year 1984. 22 USC 2501 note. Section 10 of Public Law 91–672 and section 15(a) of the State Department Basic Authorities Act of 1956 shall not apply with 22 USC 2412. 22 USC 2680. respect to funds appropriated for “Migration and Refugee Assistance” or for the Inter-American Foundation by the joint resolution of October 1, 1983 (Public Law 98–107), as amended by this joint Ante, p. 733. resolution. assistance for israel and egypt Section 31(b)(3) of the Arms Export Control Act is amended to 22 USC 2771. read as follows: “(3) Of the aggregate total of credits (or participations in credits) extended under section 23 of this Act and of the total principal 22 USC 2763. 22 USC 2764. amount of loans guaranteed under section 24(a) of this Act, not less than $1,700,000,000 for the fiscal year 1984 shall be available only for Israel, of which not less than $850,000,000 shall be credits under section 23. Of the total aggregate credit ceiling made available to Israel, up to $300,000,000 shall be made available for research and development activities in the United States and $250,000,000 shall be made available for the procurement of defense articles and defense services in Israel for the Lavi program.”. Section 31(c) of such Act is amended— 22 USC 2771. (a) in the first sentence by striking out “for the fiscal year 1982 and for the fiscal year 1983” and inserting in lieu thereof “for the fiscal year 1984”; and (b) in the last sentence— (1) by striking out “$550,000,000” and inserting in lieu thereof “$850,000,000 for the fiscal year 1984”; and (2) by striking out “for each such year”. Section 31(b)(6) of such Act is amended to read as follows: “(6) Of the total amounts of credits (or participations in credits) extended under section 23 of this Act, not less than $465,000,000 for the fiscal year 1984 shall be available only for Egypt, and Egypt shall be released from its contractual liability to repay the United States Government with respect to such credits (and participations in credits). Of the total principal amount of loans guaranteed under 22 USC 2764. section 24(a) of this Act, not less than $900,000,000 for the fiscal year 1984 shall be available only for Egypt.”. 22 USC 2771. Section 31(b)(5) of such Act is amended by striking out “for the fiscal year 1982 and for the fiscal year 1983” and inserting in lieu thereof “for the fiscal year 1984”. 22 USC 2346a. Section 532 of the Foreign Assistance Act of 1961 is amended to read as follows: “Sec. 532. Earmarking for Israel and Egypt.—Of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1984, not less than $910,000,000 shall be available only for Israel and not less than $750,000,000 shall be available only for Egypt.”. conditions on military assistance for el salvador Not more than 70 percent of the amount made available for the 22 USC 2311, 2347. 22 USC 2751 note. fiscal year 1984 for military assistance for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until— (1) Salvadoran authorities have substantially concluded all investigative actions in the case of the National Guardsmen charged with murder in the deaths of the four United States churchwomen in December 1980 that were set forth in communications from the Department of State (including the letters dated July 8 and September 23, 1983); and (2) Salvadoran authorities have brought the accused to trial and have obtained a verdict. Presidential determination and certification to Congress. Not more than 90 percent of the amount made available for the fiscal year 1984 for military assistance for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until the President has determined and certified to the Congress that— (1) the Government of El Salvador has not taken any action which would alter, suspend, or terminate the land reform program for phase I or phase III promulgated under Decree 154 (dated March 5, 1980) or Decree 207 (dated April 28, 1980) in a manner detrimental to the rights of the beneficiaries or the potential beneficiaries under those decrees; and (2) the Government of El Salvador continues to make documented progress on implementing the land reform program. minority set-aside Except to the extent that the Administrator of the Agency for International Development determines otherwise, not less than 10 percent of the aggregate of the funds made available for the fiscal year 1984 to carry out chapter 1 of part I of the Foreign Assistance 22 USC 2151. Act of 1961 shall be made available only for activities of economically and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assistance 22 USC 2151 note. Act of 1977), historically Black colleges and universities, and private and voluntary organizations which are controlled by individuals who are Black Americans, Hispanic Americans, or Native Americans, or who are economically and socially disadvantaged (within the meaning of section 133(c)(5) (B) and (C) of the Interna-tional Development and Food Assistance Act of 1977). For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women. minority resource center None of the funds authorized to be appropriated for the fiscal year 1984 to carry out the Foreign Assistance Act of 1961 may be used to 22 USC 2151 note. eliminate the Minority Resource Center as a separate and distinct entity within the Agency for International Development, including implementation of a consolidation of the Minority Resource Center with the Office of Small and Disadvantaged Business Utilization under section 133(c)(8) of the International Development and Food Assistance Act of 1977. 22 USC 2151 note. promoting the development of the haitian people and providing for orderly emigration from haiti It is the sense of the Congress that for the fiscal year 1984 up to $24,000,000 of the funds available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, and up to $10,000,000 of the 22 USC 2151. 22 USC 2346. funds available to carry out chapter 4 of part II of such Act, should be made available for development assistance for Haiti, subject to the limitation contained in the third paragraph of this heading. To the maximum extent practicable, assistance for Haiti undei chapter 1 of part I and under chapter 4 of part II of the Foreign Assistance Act of 1961 should be provided through private and voluntary organizations. Funds available for fiscal year 1984 to carry out chapter 1 of part 1 Presidential determination. 22 USC 2151, 2311, 2346, 2347 22 USC 2751 note. or chapter 2, 4, or 5 of part II of the Foreign Assistance Act of 1961 may be obligated for Haiti, and credits may be extended and guarantees may be issued under the Arms Export Control Act for Haiti, only if the President determines that the Government of Haiti— (1) is continuing to cooperate with the United States in halting illegal emigration to the United States from Haiti; (2) is cooperating fully in implementing United States development, food, and other economic assistance programs in Haiti (including programs for prior fiscal years); and (3) is making a concerted and significant effort to improve the human rights situation in Haiti by implementing the political reforms which are essential to the development of democracy in Haiti, including the establishment of political parties, free elections, and freedom of the press. Six months after the date of enactment of this section, the Report to Congress. President shall report to the Congress on the extent to which the actions of the Government of Haiti are consistent with each numbered provision contained in the third paragraph of this heading. Notwithstanding the limitations of section 660 of the Foreign Assistance Act of 1961, funds made available under such Act for the 22 USC 2420. fiscal year 1984 may be used for programs with Haiti, which shall be consistent with prevailing United States refugee policies, to assist in halting significant illegal emigration from Haiti to the United States. private sector revolving fund Enactment. 22 USC 2151f. The amendment contained in section 407 of H.R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, is hereby enacted. antiterrorism assistance program Enactment. 22 USC 2304, 2349aa-2349aa-6, 2349aa note, 2403. Enactment. 22 USC 2304, 2349aa-2349aa-6, 2349aa note, 2403. The amendments contained in title II of H R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, are hereby enacted, except that, for purposes of such enactment, section 575 of the Foreign Assistance Act of 1961 shall read as follows: 22 USC 2349aa-4. “Sec. 575. Appropriations.—There is authorized to be appropriated to the President to carry out this chapter $5,000,000 for the fiscal year 1984. Amounts appropriated under this section are authorized to remain available until expended.”.

34. 1985

    International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 101(a) · 99 Stat. 190

    Substituted · 22 U.S.C. § 2771(a)

    Pub. L. 99–83, § 101(a), substituted provisions authorizing appropriations of $5,371,000,000 for fiscal years 1986 and 1987, for provisions authorizing appropriations of $800,000,000 for fiscal years 1982 and 1983

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–83, § 101(a), substituted provisions authorizing appropriations of $5,371,000,000 for fiscal years 1986 and 1987, for provisions authorizing appropriations of $800,000,000 for fiscal years 1982 and 1983.

    Enacted provision · exact public law section
    (a) Authorizations of Appropriations.— The first sentence of section 31(a) of the Arms Export Control Act is amended to read as 22 USC 2771. follows: “There are authorized to be appropriated to the President to carry out this Act $5,371,000,000 for fiscal year 1986 and $5,371,000,000 for fiscal year 1987.”.

    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.

35. 1985

    International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 101(b) · 99 Stat. 190

    1. Amended · 22 U.S.C. § 2771(b)

       Pub. L. 99–83, § 101(b), amended subsec. (b) generally

    2. Substituted · 22 U.S.C. § 2771(b)

       Pub. L. 99–83, § 101(b), substituting provisions relating to maximum amount of credits authorized for fiscal years 1986 and 1987 and maximum amounts of such credits available at concessional rates of interest for such years, for provisions relating to maximum amounts of credits (or participations in credits) and loans guaranteed for fiscal years 1982 and 1983, and credit, etc., programs with respect to specific countries

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–83, § 101(b), amended subsec. (b) generally, substituting provisions relating to maximum amount of credits authorized for fiscal years 1986 and 1987 and maximum amounts of such credits available at concessional rates of interest for such years, for provisions relating to maximum amounts of credits (or participations in credits) and loans guaranteed for fiscal years 1982 and 1983, and credit, etc., programs with respect to specific countries.

    Enacted provision · exact public law section
    (b) Aggregate Ceilings and Extended Repayment Terms.— Sections 31 (b) and (c) of such Act are amended to read as follows: “(b) (1) The total amount of credits extended under section 23 of this Act shall not exceed $5,371,000,000 for fiscal year 1986 and Post, p. 195. $5,371,000,000 for fiscal year 1987. “(2) Of the aggregate amount of financing provided under this section, not more than $553,900,000 for fiscal year 1986 and not more than $553,900,000 for fiscal year 1987 may be made available at concessional rates of interest. If a country is released from its contractual liability to repay the United States Government with respect to financing provided under this section, such financing shall not be considered to be financing provided at concessional rates of interest for purposes of the limitation established by this paragraph. “(c) For fiscal year 1986 and fiscal year 1987, the principal amount Post, p. 195. of credits provided under section 23 at market rates of interest with respect to Greece, the Republic of Korea, the Philippines, Portugal, Spain, Thailand, and Turkey shall (if and to the extent each country so desires) be repaid in not more than twenty years, following a grace period of ten years on repayment of principal.”.

    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.

36. 1985

    International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 101(b) · 99 Stat. 190

    1. Amended · 22 U.S.C. § 2771(c)

       Pub. L. 99–83, § 101(b), amended subsec. (c) generally

    2. Substituted · 22 U.S.C. § 2771(c)

       Pub. L. 99–83, § 101(b), substituting provisions relating to extended repayment terms for credits provided for fiscal years 1986 and 1987, for provisions relating to funds made available for fiscal year 1984 to finance procurement of defense articles, etc., by Israel

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–83, § 101(b), amended subsec. (c) generally, substituting provisions relating to extended repayment terms for credits provided for fiscal years 1986 and 1987, for provisions relating to funds made available for fiscal year 1984 to finance procurement of defense articles, etc., by Israel.

    Enacted provision · exact public law section
    (b) Aggregate Ceilings and Extended Repayment Terms.— Sections 31 (b) and (c) of such Act are amended to read as follows: “(b) (1) The total amount of credits extended under section 23 of this Act shall not exceed $5,371,000,000 for fiscal year 1986 and Post, p. 195. $5,371,000,000 for fiscal year 1987. “(2) Of the aggregate amount of financing provided under this section, not more than $553,900,000 for fiscal year 1986 and not more than $553,900,000 for fiscal year 1987 may be made available at concessional rates of interest. If a country is released from its contractual liability to repay the United States Government with respect to financing provided under this section, such financing shall not be considered to be financing provided at concessional rates of interest for purposes of the limitation established by this paragraph. “(c) For fiscal year 1986 and fiscal year 1987, the principal amount Post, p. 195. of credits provided under section 23 at market rates of interest with respect to Greece, the Republic of Korea, the Philippines, Portugal, Spain, Thailand, and Turkey shall (if and to the extent each country so desires) be repaid in not more than twenty years, following a grace period of ten years on repayment of principal.”.

    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.

37. 1990

    European Bank for Reconstruction and Development Act

    Pub. L. 101–513 title V § 596(c) · 104 Stat. 1979

    Inserted · 22 U.S.C. § 2771(d)

    Pub. L. 101–513 inserted “, and of any defense articles with respect to which the President submits a certification under section 2776(b) of this title.” after “law”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–513 inserted “, and of any defense articles with respect to which the President submits a certification under section 2776(b) of this title.” after “law”.

    Enacted provision · exact public law section
    (c) In section 31(d) of the Arms Export Control Act, insert the following after the word “law” “, and of any defense articles with respect to which the President submits a certification under section 36(b) of this Act.”.

38. 1996

    Pub. L. 104–164 § 101 · 110 Stat. 1421

    Amended · 22 U.S.C. § 2771(c)

    Pub. L. 104–164, § 101, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For fiscal year 1986 and fiscal year 1987, the principal amount of credits provided under section 2763 of this title at market rates of interest with respect to Greece, the Republic of Korea, the Philippines, Portugal, Spain, Thailand, and Turkey shall (if and to the extent each country so desires) be repaid in not more than twenty years, following a grace period of ten years on repayment of principal.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–164, § 101, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For fiscal year 1986 and fiscal year 1987, the principal amount of credits provided under section 2763 of this title at market rates of interest with respect to Greece, the Republic of Korea, the Philippines, Portugal, Spain, Thailand, and Turkey shall (if and to the extent each country so desires) be repaid in not more than twenty years, following a grace period of ten years on repayment of principal.”

    Enacted provision · exact public law section
    SEC. 101. TERMS OF LOANS UNDER THE FOREIGN MILITARY FINANCING PROGRAM. Section 31(c) of the Arms Export Control Act (22 U.S.C. 2771(c)) is amended to read as follows: “(c) Loans available under section 23 shall be provided at rates of interest that are not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturities.”.

39. 1996

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

    Struck · 22 U.S.C. § 2771(d)

    Pub. L. 104–164, § 104(b)(2)(C), struck out subsec. (d) which read as follows: “The aggregate acquisition cost to the United States of excess defense articles ordered by the President in any fiscal year after fiscal year 1976 for delivery to foreign countries or international organizations under the authority of chapter 2 of part II of the Foreign Assistance Act of 1961 or pursuant to sales under this chapter may not exceed $250,000,000 (exclusive of ships and their onboard stores and supplies transferred in accordance with law, and of any defense articles with respect to which the President submits a certification under section 2776(b) of this title.).”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–164, § 104(b)(2)(C), struck out subsec. (d) which read as follows: “The aggregate acquisition cost to the United States of excess defense articles ordered by the President in any fiscal year after fiscal year 1976 for delivery to foreign countries or international organizations under the authority of chapter 2 of part II of the Foreign Assistance Act of 1961 or pursuant to sales under this chapter may not exceed $250,000,000 (exclusive of ships and their onboard stores and supplies transferred in accordance with law, and of any defense articles with respect to which the President submits a certification under section 2776(b) of this title.).”

    Enacted provision · exact public law section
    (C) Section 31(d) of the Arms Export Control Act (22 U.S.C. 2771(d)).

50 of 55 references resolved to an enrolled provision · 5 partial