§ 2773. Restraint in arms sales to Sub-Saharan Africa

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. § 2773

   Pub. L. 90–629, ch. 3, § 33, Oct. 22, 1968, 82 Stat. 1325

   Source evidence

   Code source credit
   Pub. L. 90–629, ch. 3, § 33, Oct. 22, 1968, 82 Stat. 1325

2. 1971

   Pub. L. 91–672 § 3(1) · 84 Stat. 2053

   Changed · 22 U.S.C. § 2773(a)

   Pub. L. 91–672, § 3(1), made fiscal year 1969 ceiling of $75,000,000 for Latin American countries a continuing ceiling applicable in each fiscal year

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 91–672, § 3(1), made fiscal year 1969 ceiling of $75,000,000 for Latin American countries a continuing ceiling applicable in each fiscal year.

   Enacted provision · exact public law section
   (1) by striking out of subsection (a) “the fiscal year 1969” and inserting in lieu thereof “each fiscal year”; and

3. 1971

   Pub. L. 91–672 § 3(2) · 84 Stat. 2053

   Changed · 22 U.S.C. § 2773(b)

   Pub. L. 91–672, § 3(2), made fiscal year 1969 ceiling of $40,000,000 for African countries a continuing ceiling applicable in each fiscal year

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 91–672, § 3(2), made fiscal year 1969 ceiling of $40,000,000 for African countries a continuing ceiling applicable in each fiscal year.

   Enacted provision · exact public law section
   (2) by striking out of subsection (b) “the fiscal year 1969” and inserting in lieu thereof “each fiscal year”.

4. 1972

   Foreign Assistance Act of 1971

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

   Substituted · 22 U.S.C. § 2773(a)

   Pub. L. 92–226, § 401(c), substituted “$100,000,000” for “$75,000,000”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–226, § 401(c), substituted “$100,000,000” for “$75,000,000”.

   Enacted provision · exact public law section
   (c) In section 33(a) of chapter 3, relating to regional ceilings on foreign military sales, strike out “$75,000,000” and insert in lieu thereof “$100,000,000”.

5. 1972

   Foreign Assistance Act of 1971

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

   Substituted · 22 U.S.C. § 2773(c)

   Pub. L. 92–226, § 401(d), substituted provisions for waiver of limitations when overriding requirements of the national security of the United States justify waiver for prior provisions for such a waiver when important to the security of the United States, required a written report with reasons for findings and statement in detail of expenditures when in excess of applicable geographical limitations, and prescribed percentage limitation for exceeding aggregate of geographical ceiling limitation

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 92–226, § 401(d), substituted provisions for waiver of limitations when overriding requirements of the national security of the United States justify waiver for prior provisions for such a waiver when important to the security of the United States, required a written report with reasons for findings and statement in detail of expenditures when in excess of applicable geographical limitations, and prescribed percentage limitation for exceeding aggregate of geographical ceiling limitation.

   Enacted provision · exact public law section
   (d) Subsection (c) of section 33 of chapter 3, relating to regional ceilings on foreign military sales, is amended to read as follows: “(c) Presidential waiver authority; written report to Congress. The Limitations of this section may not be waived pursuant to any authority contained in this or any other Act unless the President finds that overriding requirements of the national security of the United States justify such a waiver and promptly reports such finding to the Congress in writing, together with his reasons for such finding. In any case in which the limitations of this section are waived under the preceding sentence, the report required under such sentence shall set forth, in detail, the expenditures proposed to be made in excess of the geographical limitation applicable under this section. Notwithstanding the foregoing provisions of this subsection, in no event shall the aggregate of the total amount of military assistance pursuant to the Foreign Assistance Act of 1961, of cash sides pursuant to sections 75 Stat. 424. 22 USC 2151 note. 21 and 22, of credits, or participations in credits, financed pursuant to section 23 (excluding credits covered by guaranties issued pursuant to section 24(b)), of the face amount of contracts of guaranty issued 82 Stat. 1323. 22 USC 2761–2764. 70A Stat. 452. pursuant to sections 21 (a) and (b), and of loans and sales in accordance with section 7307 of title 10, United States Code, exceed any geographical ceiling applicable under this section by more than an amount equal to 50 per centum of such ceiling.”.

6. 1973

   Foreign Assistance Act of 1973

   Pub. L. 93–189 § 25(7) · 87 Stat. 714

   1. Struck · 22 U.S.C. § 2773(a)

      Pub. L. 93–189, § 25(7), struck out reference to cash sales pursuant to sections 2761 and 2762 of this title reference to exclusion of credits covered by guaranties issued under section 2764(b) of this title, and reference to the face amount of contracts of guaranty issued under section 2764(a) and (b) of this title

   2. Inserted · 22 U.S.C. § 2773(a)

      Pub. L. 93–189, § 25(7), inserted reference to the principal amount of loans guaranteed under section 2764(a) of this title

   3. Substituted · 22 U.S.C. § 2773(a)

      Pub. L. 93–189, § 25(7), substituted “$150,000,000” for “$100,000,000”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–189, § 25(7), struck out reference to cash sales pursuant to sections 2761 and 2762 of this title reference to exclusion of credits covered by guaranties issued under section 2764(b) of this title, and reference to the face amount of contracts of guaranty issued under section 2764(a) and (b) of this title, inserted reference to the principal amount of loans guaranteed under section 2764(a) of this title, and substituted “$150,000,000” for “$100,000,000”.

   Enacted provision · exact public law section
   (7) In section 33(a)— 82 Stat. 1325; 86 Stat. 32. 22 USC 2773. (A) strike out “of cash sales pursuant to sections 21 and 22,”; (B) strike out “(excluding credits covered by guaranties issued pursuant to section 24(b)), of the face amount of contracts of guaranty issued pursuant to sections 24 (a) and (b)” and insert 22 USC 2764. in lieu thereof “of the principal amount of loans guaranteed pursuant to section 24(a)”; and (C) strike out “$100,000,000” and insert in lieu thereof “$150,000,000”.

7. 1973

   Foreign Assistance Act of 1973

   Pub. L. 93–189 § 25(8) · 87 Stat. 714

   1. Struck · 22 U.S.C. § 2773(b)

      Pub. L. 93–189, § 25(8), struck out reference to cash sales pursuant to sections 2761 and 2762 of this title, reference to exclusion of credits covered by guaranties issued under section 2764(b) of this title, and reference to the face amount of contracts of guaranty issued under section 2764(a) and (b) of this title

   2. Inserted · 22 U.S.C. § 2773(b)

      Pub. L. 93–189, § 25(8), inserted reference to the principal amount of loans guaranteed under section 2764(a) of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–189, § 25(8), struck out reference to cash sales pursuant to sections 2761 and 2762 of this title, reference to exclusion of credits covered by guaranties issued under section 2764(b) of this title, and reference to the face amount of contracts of guaranty issued under section 2764(a) and (b) of this title, and inserted reference to the principal amount of loans guaranteed under section 2764(a) of this title.

   Enacted provision · exact public law section
   (8) In section 33(b) — (A) strike out “of cash sales pursuant to sections 21 and 22,”; and (B) strike out “(excluding credits covered by guaranties issued pursuant to section 24(b)), of the face amount of contracts of guaranty issued pursuant to sections 24 (a) and (b)” and insert in lieu thereof “of the principal amount of loans guaranteed pursuant to section 24(a)”.

8. 1973

   Foreign Assistance Act of 1973

   Pub. L. 93–189 § 25(9) · 87 Stat. 714

   Struck · 22 U.S.C. § 2773(c)

   Pub. L. 93–189, § 25(9), struck out subsec. (c) which provided for Presidential waiver of limitations on amounts authorized under this section and set forth geographical limitations on the aggregate amounts of military assistance to be made available and percentage deviations from such ceiling amounts

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–189, § 25(9), struck out subsec. (c) which provided for Presidential waiver of limitations on amounts authorized under this section and set forth geographical limitations on the aggregate amounts of military assistance to be made available and percentage deviations from such ceiling amounts.

   Enacted provision · exact public law section
   (9) Section 33(c) is repealed. Repeal. 86 Stat. 32. 82 Stat. 1326. 22 USC 2776. 22 USC 2777.

9. 1974

   Pub. L. 93–559 § 45(a)(8)(A) · 88 Stat. 1795

   1. Repealed · 22 U.S.C. § 2773(a)

      Pub. L. 93–559, § 45(a)(8)(A), (B), repealed subsec. (a) which prescribed a ceiling of $150,000,000 in each fiscal year on the total amount of military assistance, credits, participations in credits, guaranteed loans, and loans and sales under section 7307 of Title 10, for Latin American countries

   2. Redesignated · 22 U.S.C. § 2773(a)

      Pub. L. 93–559, § 45(a)(8)(A), (B), redesignated subsec. (b) as (a)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–559, § 45(a)(8)(A), (B), repealed subsec. (a) which prescribed a ceiling of $150,000,000 in each fiscal year on the total amount of military assistance, credits, participations in credits, guaranteed loans, and loans and sales under section 7307 of Title 10, for Latin American countries, and redesignated subsec. (b) as (a).

   Enacted provision · exact public law section
   (A) subsection (a) is repealed; Repeal.

10. 1974

    Pub. L. 93–559 § 45(a)(8)(B) · 88 Stat. 1795

    1. Added · 22 U.S.C. § 2773(b)

       Pub. L. 93–559, § 45(a)(8)(B), (C), added subsec. (b)

    2. Redesignated · 22 U.S.C. § 2773(b)

       Pub. L. 93–559, § 45(a)(8)(B), (C), redesignated former subsec. (b) as (a)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–559, § 45(a)(8)(B), (C), added subsec. (b) and redesignated former subsec. (b) as (a).

    Enacted provision · exact public law section
    (B) subsection (b) is redesignated as subsection (a); and

11. 1979

    Pub. L. 96–92 § 18 · 93 Stat. 701

    Substituted · 22 U.S.C. § 2773

    Pub. L. 96–92 substituted provisions respecting restraint in arms sales to Sub-Saharan Africa for provisions imposing regional ceilings on foreign military sales to African countries and Presidential waiver and report thereof to Congress

    Source evidence

    Code amendment note
    Pub. L. 96–92 substituted provisions respecting restraint in arms sales to Sub-Saharan Africa for provisions imposing regional ceilings on foreign military sales to African countries and Presidential waiver and report thereof to Congress.

    Enacted provision · exact public law section
    Sec. 18. restraint in arms sales to sub-saharan africa Section 33 of the Arms Export Control Act is amended to 22 USC 2773. read as follows: “Sec. 33. Restraint in Arms Sales to Sub-Saharan Africa.— It is the sense of the Congress that the problems of Sub-Saharan Africa are primarily those of economic development and that United States policy should assist in limiting the development of costly military conflict in that region. Therefore, the President shall exercise restraint in selling defense articles and defense services, and in providing financing for sales of defense articles and defense services, to countries in Sub-Saharan Africa.”.

15 of 16 references resolved to an enrolled provision · 1 partial