1. U.S. Code
  2. title 22
  3. chapter 32
  4. subchapter III
  5. part III
  6. § 2403

Collapse to view only § 2403. Definitions

§ 2401. Effective date; identification of programs

This chapter shall take effect on September 4, 1961. Programs under this chapter shall be identified appropriately overseas as “American Aid”.

(Pub. L. 87–195, pt. III, § 641, Sept. 4, 1961, 75 Stat. 460.)

CITE AS: 22 USC 2401

§ 2402. Saving provisions
(a) Determinations, authorizations, regulations, orders, contracts, agreements, etc., under prior law
(b) Compliance with similar provisions of prior law as compliance with this chapter
(c) Continued availability of funds appropriated pursuant to prior law
(Pub. L. 87–195, pt. III, § 643, Sept. 4, 1961, 75 Stat. 460; Pub. L. 87–565, pt. III, § 303(a), Aug. 1, 1962, 76 Stat. 263; Pub. L. 91–175, pt. III, § 308, Dec. 30, 1969, 83 Stat. 821.)

CITE AS: 22 USC 2402

§ 2403. DefinitionsAs used in this chapter—
(a) “Agency of the United States Government” includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States Government.
(b) “Armed Forces” of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(c) “Commodity” includes any material, article, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance.
(d) “Defense article” includes—
(1) any weapon, weapons system, munition, aircraft, vessel, boat or other implement of war;
(2) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance;
(3) any machinery, facility, tool, material supply, or other item necessary for the manufacture, production, processing repair, servicing, storage, construction, transportation, operation, or use of any article listed in this subsection; or
(4) any component or part of any article listed in this subsection; but
shall not include merchant vessels or, as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011), source material (except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity), by-product material, special nuclear material, production facilities, utilization facilities, or atomic weapons or articles involving Restricted Data.
(e) “Defense information” includes any document, writing, sketch, photograph, plan, model, specification, design, prototype, or other recorded or oral information relating to any defense article or defense service, but shall not include Restricted Data as defined by the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], and data removed from the Restricted Data category under section 142d of that Act [42 U.S.C. 2162(d)].
(f) “Defense service” includes any service, test, inspection, repair, publication, or technical or other assistance or defense information used for the purposes of furnishing military assistance, but does not include military educational and training activities under part V of subchapter II of this chapter.
(g) “Excess defense articles” means the quantity of defense articles (other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors) owned by the United States Government, and not procured in anticipation of military assistance or sales requirements, or pursuant to a military assistance or sales order, which is in excess of the Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations under this chapter.
(h) “Function” includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.
(i) Repealed. Pub. L. 93–189, § 22(2), Dec. 17, 1973, 87 Stat. 726.
(j) “Officer or employee” means civilian personnel and members of the Armed Forces of the United States Government.
(k) “Services” include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance.
(l) “Surplus agricultural commodity” means any agricultural commodity or product thereof, class, kind, type, or other specification thereof, produced in the United States, either publicly or privately owned, which is in excess of domestic requirements, adequate carryover, and anticipated exports for United States dollars, as determined by the Secretary of Agriculture.
(m) “Value” means—
(1) with respect to an excess defense article, the actual value of the article plus the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying the article, except that for purposes of section 2392(d) of this title such actual value shall not be taken into account;
(2) with respect to a nonexcess defense article delivered from inventory to foreign countries or international organizations under this chapter, the acquisition cost to the United States Government, adjusted as appropriate for condition and market value;
(3) with respect to a nonexcess defense article delivered from new procurement to foreign countries or international organizations under this chapter, the contract or production costs of such article;
(4) with respect to a defense service, the cost to the United States Government of such service; and
(5) with respect to military education and training or services provided under part VIII of subchapter II of this chapter, the additional costs that are incurred by the United States Government in furnishing such assistance.
(n) “Military education and training” includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aids, orientation, and military advice to foreign military units and forces.
(o) “Agriculture” includes aquaculture and fisheries.
(p) “Farmers” includes fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters.
(q) “Major non-NATO ally” means a country which is designated in accordance with section 2321k of this title as a major non-NATO ally for purposes of this chapter and the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(Pub. L. 87–195, pt. III, § 644, Sept. 4, 1961, 75 Stat. 461; Pub. L. 87–565, pt. III, § 303(b), Aug. 1, 1962, 76 Stat. 263; Pub. L. 88–205, pt. III, § 303, Dec. 16, 1963, 77 Stat. 389; Pub. L. 89–171, pt. III, § 303(b), Sept. 6, 1965, 79 Stat. 661; Pub. L. 90–137, pt. III, § 303(a), Nov. 14, 1967, 81 Stat. 462; Pub. L. 90–629, ch. 4, § 45(b)(5), Oct. 22, 1968, 82 Stat. 1327; Pub. L. 92–226, pt. III, § 304(c)(1), Feb. 7, 1972, 86 Stat. 32; Pub. L. 93–189, § 22, Dec. 17, 1973, 87 Stat. 726; Pub. L. 94–329, title I, § 106(b)(6), June 30, 1976, 90 Stat. 733; Pub. L. 95–424, title I, § 103(b), Oct. 6, 1978, 92 Stat. 944; Pub. L. 96–92, § 22, Oct. 29, 1979, 93 Stat. 710; Pub. L. 96–533, title I, § 115(b)(1), Dec. 16, 1980, 94 Stat. 3140; Pub. L. 98–151, § 101(b)(2), Nov. 14, 1983, 97 Stat. 972; Pub. L. 102–583, § 9(b), Nov. 2, 1992, 106 Stat. 4934; Pub. L. 104–164, title I, § 147(a)(2), July 21, 1996, 110 Stat. 1435.)

CITE AS: 22 USC 2403

§ 2404. Unexpended balances

Unexpended balances of funds made available pursuant to this chapter, the Mutual Security Act of 1954, as amended, or the Latin American Development Act, as amended, are hereby authorized to be continued available for the general purposes for which appropriated, and may at any time be consolidated, and, in addition, may be consolidated with appropriations made available for the same general purposes under the authority of this chapter.

(Pub. L. 87–195, pt. III, § 645, Sept. 4, 1961, 75 Stat. 462; Pub. L. 87–565, pt. III, § 303(c), Aug. 1, 1962, 76 Stat. 263; Pub. L. 88–205, pt. III, § 304,

CITE AS: 22 USC 2404

§ 2405. Separability

If any provision of this chapter or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this chapter, and of the applicability of such provision to other circumstances or persons shall not be affected thereby.

(Pub. L. 87–195, pt. III, § 646, Sept. 4, 1961, 75 Stat. 462.)

CITE AS: 22 USC 2405

§ 2406. Development programs for dependable fuel supplies

It is of paramount importance that long-range economic plans take cognizance of the need for a dependable supply of fuels, which is necessary to orderly and stable development and growth, and that dependence not be placed upon sources which are inherently hostile to free countries and the ultimate well-being of economically underdeveloped countries and which might exploit such dependence for ultimate political domination. The agencies of government in the United States are directed to work with other countries in developing plans for basing development programs on the use of the large and stable supply of relatively low cost fuels available in the free world.

(Pub. L. 87–195, pt. III, § 647, Sept. 4, 1961, 75 Stat. 462.)

CITE AS: 22 USC 2406

§ 2407. Special authorization for use of foreign currencies

Subject to the provisions of section 1306 of title 31, the President is authorized, as a demonstration of good will on the part of the people of the United States for the Polish and Italian people, to use foreign currencies accruing to the United States Government under this chapter or any other Act, for assistance on such terms and conditions as he may specify, in the repair, rehabilitation, improvement, and maintenance of cemeteries in Italy serving as the burial place of members of the armed forces of Poland who died in combat in Italy during World War II.

(Pub. L. 87–195, pt. III, § 648, as added Pub. L. 88–633, pt. III, § 303, Oct. 7, 1964, 78 Stat. 1014.)

CITE AS: 22 USC 2407

§ 2408. Repealed. Pub. L. 95–424, title VI, § 604, Oct. 6, 1978, 92 Stat. 961

CITE AS: 22 USC 2408

§ 2409. Use of United States Armed Forces

The furnishing of economic, military, or other assistance under this chapter shall not be construed as creating a new commitment or as affecting any existing commitment to use Armed Forces of the United States for the defense of any foreign country.

(Pub. L. 87–195, pt. III, § 650, as added Pub. L. 90–137, pt. III, § 303(b), Nov. 14, 1967, 81 Stat. 462.)

CITE AS: 22 USC 2409

§ 2410. Repealed. Pub. L. 95–424, title VI, § 604, Oct. 6, 1978, 92 Stat. 961

CITE AS: 22 USC 2410

§ 2410a. Repealed. Pub. L. 97–113, title VII, § 734(a)(15), Dec. 29, 1981, 95 Stat. 1560

CITE AS: 22 USC 2410a

§ 2411. Limitation upon exercise of special authorities

The President shall not exercise any special authority granted to him under section 2318(a), 2348a(c)(2), or 2360(a) of this title unless the President, before he intends to exercise any such authority, notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of each such intended exercise, the section of this chapter under which such authority is to be exercised, and the justification for, and the extent of, the exercise of such authority.

(Pub. L. 87–195, pt. III, § 652, as added Pub. L. 91–652, § 8, Jan. 5, 1971, 84 Stat. 1943; amended Pub. L. 92–226, pt. III, § 304(a)(1), Feb. 7, 1972, 86 Stat. 28; Pub. L. 96–533, title I, § 117(b), Dec. 16, 1980, 94 Stat. 3141; Pub. L. 99–83, title I, § 105(b)(2), Aug. 8, 1985, 99 Stat. 196; Pub. L. 104–164, title I, § 103(c), July 21, 1996, 110 Stat. 1424.)

CITE AS: 22 USC 2411

§ 2412. Limitation on foreign assistance appropriations
(a) Restrictions on appropriations in absence of or in excess of prior authorizations
Notwithstanding any provision of law enacted before January 12, 1971, no money appropriated for foreign assistance (including foreign military sales) shall be available for obligation or expenditure—
(1) unless the appropriation thereof has been previously authorized by law; or
(2) in excess of an amount previously prescribed by law.
(b) Exception
(c) Specific repeal or modification of section
(Pub. L. 91–672, § 10, Jan. 12, 1971, 84 Stat. 2055.)

CITE AS: 22 USC 2412

§ 2413. Changes in allocation of foreign assistance
(a) Notification by President to foreign country
(b) Application of provisions to continuing appropriations; waiver of provisions
(Pub. L. 87–195, pt. III, § 653, as added Pub. L. 92–226, pt. III, § 304(b), Feb. 7, 1972, 86 Stat. 28; amended Pub. L. 93–559, § 21, Dec. 30, 1974, 88 Stat. 1801; Pub. L. 95–384, §§ 10(b)(3), 12(c)(2), Sept. 26, 1978, 92 Stat. 735, 737; Pub. L. 99–83, title XII, § 1209(b), Aug. 8, 1985, 99 Stat. 279.)

CITE AS: 22 USC 2413

§ 2414. Presidential findings and determinations
(a) Report to Congress
(b) Action prohibition prior to execution of report
(c) Publication in Federal Register
(d) Information accessible to Congress prior to transmission of report
(Pub. L. 87–195, pt. III, § 654, as added Pub. L. 92–226, pt. III, § 304(b), Feb. 7, 1972, 86 Stat. 29.)

CITE AS: 22 USC 2414

§ 2414a. Annual report to Congress on voting practices at United Nations
(a) In general
(b) Information on voting practices in United NationsSuch report shall include, with respect to voting practices and plenary actions in the United Nations during the preceding calendar year, information to be compiled and supplied by the Permanent Representative of the United States to the United Nations, consisting of—
(1) an analysis and discussion, prepared in consultation with the Secretary of State, of the extent to which member countries supported United States policy objectives at the United Nations;
(2) an analysis and discussion, prepared in consultation with the Secretary of State, of actions taken by the United Nations by consensus;
(3) with respect to plenary votes of the United Nations General Assembly—
(A) a listing of all such votes on issues which directly affected important United States interests and on which the United States lobbied extensively and a brief description of the issues involved in each such vote;
(B) a listing of the votes described in subparagraph (A) which provides a comparison of the vote cast by each member country with the vote cast by the United States;
(C) a country-by-country listing of votes described in subparagraph (A); and
(D) a listing of votes described in subparagraph (A) displayed in terms of United Nations regional caucus groups;
(4) a listing of all plenary votes cast by member countries of the United Nations in the General Assembly which provides a comparison of the votes cast by each member country with the vote cast by the United States, including a separate listing of all plenary votes cast by member countries of the United Nations in the General Assembly on resolutions specifically related to Israel that are opposed by the United States;
(5) an analysis and discussion, prepared in consultation with the Secretary of State, of the extent to which other members supported United States policy objectives in the Security Council and a separate listing of all Security Council votes of each member country in comparison with the United States; and
(6) a side-by-side comparison of agreement on important and overall votes for each member country and the United States.
(c) Format
(d) Statement by Secretary of State
(Pub. L. 101–246, title IV, § 406, Feb. 16, 1990, 104 Stat. 66; Pub. L. 108–447, div. D, title V, § 534(k), Dec. 8, 2004, 118 Stat. 3007.)

CITE AS: 22 USC 2414a

§ 2415. Annual military assistance report
(a) Report required
(b) Information relating to military assistance and military exports
Each such report shall show the aggregate dollar value and quantity of defense articles (including excess defense articles), defense services, and international military education and training activities authorized by the United States and of such articles, services, and activities provided by the United States, excluding any activity that is reportable under title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.], to each foreign country and international organization. The report shall specify, by category, whether such defense articles—
(1) were furnished by grant under part II or part V of subchapter II of this chapter or under any other authority of law or by sale under chapter 2 of the Arms Export Control Act [22 U.S.C. 2761 et seq.];
(2) were furnished with the financial assistance of the United States Government, including through loans and guarantees; or
(3) were licensed for export under section 38 of the Arms Export Control Act [22 U.S.C. 2778] and, if so, a specification of those defense articles that were exported during the fiscal year covered by the report, including, in the case of defense articles that are firearms controlled under category I of the United States Munitions List, a statement of the aggregate dollar value and quantity of semiautomatic assault weapons, or spare parts for such weapons, the manufacture, transfer, or possession of which is unlawful under section 922 of title 18, that were licensed for export during the period covered by the report.
(c) Availability on Internet
(Pub. L. 87–195, pt. III, § 655, as added Pub. L. 104–106, div. A, title XIII, § 1324(c), Feb. 10, 1996, 110 Stat. 481; amended Pub. L. 104–164, title I, § 148, July 21, 1996, 110 Stat. 1435; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XIII, § 1306], Nov. 29, 1999, 113 Stat. 1536, 1501A–512; Pub. L. 106–280, title VII, § 702, Oct. 6, 2000, 114 Stat. 861; Pub. L. 107–228, div. B, title XII, §§ 1205(c), 1262(b), Sept. 30, 2002, 116 Stat. 1428, 1434.)

CITE AS: 22 USC 2415

§ 2416. Annual foreign military training report
(a) Annual report
(1) In general
(2) Exception for certain countries
(b) Contents
The report described in subsection (a) shall include the following:
(1) For each military training activity, the foreign policy justification and purpose for the activity, the number of foreign military personnel provided training and their units of operation, and the location of the training.
(2) For each country, the aggregate number of students trained and the aggregate cost of the military training activities.
(3) With respect to United States personnel, the operational benefits to United States forces derived from each military training activity and the United States military units involved in each activity.
(c) Form
(d) Availability on Internet
(e) Definition
In this section, the term “appropriate congressional committees” means—
(1) the Committee on Appropriations and the Committee on International Relations of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.
(Pub. L. 87–195, pt. III, § 656, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XIII, § 1307], Nov. 29, 1999, 113 Stat. 1536, 1501A–512; amended Pub. L. 107–228, div. B, title XII, § 1262(a), Sept. 30, 2002, 116 Stat. 1434.)

CITE AS: 22 USC 2416

§ 2417. Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560

CITE AS: 22 USC 2417

§ 2418. Repealed. Pub. L. 95–424, title VI, § 604, Oct. 6, 1978, 92 Stat. 961

CITE AS: 22 USC 2418

§ 2419. Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560

CITE AS: 22 USC 2419

§ 2420. Police training prohibition
(a) Effective date of prohibition
(b) Exception; qualification
Subsection (a) of this section shall not apply—
(1) with respect to assistance rendered under section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968,1
1 See References in Text note below.
with respect to any authority of the Drug Enforcement Administration or the Federal Bureau of Investigation which relates to crimes of the nature which are unlawful under the laws of the United States, or with respect to assistance authorized under section 2291a of this title;
(2) to any contract entered into prior to December 30, 1974, with any person, organization, or agency of the United States Government to provide personnel to conduct, or assist in conducting, any such program;
(3) with respect to assistance, including training, in maritime law enforcement and other maritime skills;
(4) with respect to assistance provided to police forces in connection with their participation in the regional security system of the Eastern Caribbean states; or 2
2 So in original. The word “or” probably should appear at end of par. (6).
(5) with respect to assistance, including training, relating to sanctions monitoring and enforcement;
(6) with respect to assistance provided to reconstitute civilian police authority and capability in the post-conflict restoration of host nation infrastructure for the purposes of supporting a nation emerging from instability, and the provision of professional public safety training, to include training in internationally recognized standards of human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democracy;
(7) with respect to assistance provided to customs authorities and personnel, including training, technical assistance and equipment, for customs law enforcement and the improvement of customs laws, systems and procedures.
Notwithstanding clause (2), subsection (a) shall apply to any renewal or extension of any contract referred to in such paragraph entered into on or after December 30, 1974.
(c) Country with longstanding democratic tradition, etc.
(d) Assistance to Honduras or El Salvador
(Pub. L. 87–195, pt. III, § 660, as added Pub. L. 93–559, § 30(a), Dec. 30, 1974, 88 Stat. 1803; amended Pub. L. 99–83, title I, § 127(b), title VII, § 711, Aug. 8, 1985, 99 Stat. 205, 243; Pub. L. 101–513, title V, § 594, Nov. 5, 1990, 104 Stat. 2060; Pub. L. 104–107, title V, § 540A(d), Feb. 12, 1996, 110 Stat. 737; Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 574], Nov. 29, 1999, 113 Stat. 1535, 1501A–111.)

CITE AS: 22 USC 2420

§ 2421. Trade and Development Agency
(a) Purpose
(b) Authority to provide assistance
(1) Authority
(2) Use of fundsFunds under this section may be used to provide support for feasibility studies for the planning, development, and management of, and procurement for, bilateral and multilateral development projects, including training activities undertaken in connection with a project, for the purpose of promoting the use of United States goods and services in such projects. Funds under this section may also be used for architectural and engineering design, including—
(A) concept design, which establishes the basic technical and operational criteria for a project, such as architectural drawings for a proposed facility, evaluation of site constraints, procurement requirements, and equipment specifications; and
(B) detail design, which sets forth specific dimensions and criteria for structural, mechanical, electrical, and architectural operations, and identifies other resources required for project operations.
(3) Information dissemination
(A) The Trade and Development Agency shall disseminate information about its project activities to the private sector.
(B) Other agencies of the United States Government shall cooperate with the Trade and Development Agency in order for the Agency to provide more effectively informational services to persons in the private sector concerning trade development and export promotion related to development projects.
(4) Nonapplicability of other provisions
(5) Contributions to costsThe Trade and Development Agency shall, to the maximum extent practicable, require corporations and other entities to—
(A) share the costs of feasibility studies and other project planning services funded under this section; and
(B) reimburse the Trade and Development Agency those funds provided under this section, if the corporation or entity concerned succeeds in project implementation.
(c) Director and personnel
(1) Director
(2) Officers and employees
(A) The Director may appoint such officers and employees of the Trade and Development Agency as the Director considers appropriate.
(B) The officers and employees appointed under this paragraph shall have such functions as the Director may determine.
(C) Of the officers and employees appointed under this paragraph, 2 may be appointed without regard to the provisions of title 5, governing appointments in the competitive service, and may be compensated without regard to the provisions of chapter 51 or subchapter III of chapter 53 of such title.
(D) Under such regulations as the President may prescribe, any individual appointed under subparagraph (C) may be entitled, upon removal (except for cause) from the position to which the appointment was made, to reinstatement to the position occupied by that individual at the time of appointment or to a position of comparable grade and pay.
(d) Annual report
(e) Audits
(1) In general
(2) Independent audit
(3) Audit by Comptroller General
(4) Availability of information
(f) Funding
(1) Authorization
(A) There are authorized to be appropriated for purposes of this section, in addition to funds otherwise available for such purposes, $79,500,000 for fiscal year 2020 and such sums as may be necessary for each fiscal year thereafter.
(B) Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended.
(2) Funding for technical assistance grants by multilateral development banks
(A) The Trade and Development Agency should, in carrying out its program, provide, as appropriate, funds to multilateral development banks for technical assistance grants.
(B) As used in subparagraph (A)—
(i) the term “technical assistance grants” means funding by multilateral development banks of services from the United States in connection with projects and programs supported by such banks, including, but not limited to, engineering, design, and consulting services; and
(ii) the term “multilateral development bank” has the meaning given that term in section 262r(c) of this title.
(Pub. L. 87–195, pt. III, § 661, as added Pub. L. 93–559, § 31, Dec. 30, 1974, 88 Stat. 1804; amended Pub. L. 94–161, title III, § 316, Dec. 20, 1975, 89 Stat. 867; Pub. L. 95–88, title I, § 128, Aug. 3, 1977, 91 Stat. 543; Pub. L. 95–424, title I, § 121, Oct. 6, 1978, 92 Stat. 954; Pub. L. 96–53, title I, § 119, Aug. 14, 1979, 93 Stat. 365; Pub. L. 96–533, title III, § 311, Dec. 16, 1980, 94 Stat. 3148; Pub. L. 97–113, title III, § 312, Dec. 29, 1981, 95 Stat. 1536; Pub. L. 99–83, title IV, § 405, Aug. 8, 1985, 99 Stat. 219; Pub. L. 100–418, title II, § 2204(b)(1), (2), Aug. 23, 1988, 102 Stat. 1329; Pub. L. 102–549, title II, § 201, Oct. 28, 1992, 106 Stat. 3655; Pub. L. 103–392, title II, § 201, Oct. 22, 1994, 108 Stat. 4099; Pub. L. 106–158, § 5, Dec. 9, 1999, 113 Stat. 1746; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 116–94, div. P, title XX, § 2004(d)(1), Dec. 20, 2019, 133 Stat. 3225.)

CITE AS: 22 USC 2421

§ 2421a. Capital projects office within Agency for International Development
(a) Establishment of office
(b) Purposes of officeThe purposes referred to in subsection (a) are—
(1) to develop an AID program that would focus solely on developmentally sound capital projects, taking into consideration development needs of the host country and the export opportunities for the United States; and
(2) to consider specifically opportunities for United States high-technology firms, including small- and medium-sized firms, in supporting capital projects for developing countries and for countries making the transition from nonmarket to market economies.
(c) Activities of AIDThe Administrator of AID (acting through the capital projects office), in coordination with the appropriate members of the Trade Promotion Coordination Committee—
(1) shall support capital projects in developing countries and in countries making the transition from nonmarket to market economies;
(2) shall periodically review infrastructure needs in developing countries and countries making the transition from nonmarket to market economies and shall explore opportunities for United States firms in the development of new capital projects in these countries, keeping both United States firms and the Congress informed of these reviews;
(3) shall ensure that each capital project for which AID provides funding is developmentally sound, as determined under the criteria developed by the Development Assistance Committee of the Organization for Economic Cooperation and Development;
(4) shall coordinate its activities with other AID offices, and work with AID country missions, in developing capital projects that provide opportunities for United States firms consistent with AID’s primary mission to help developing countries with traditional development projects;
(5) shall coordinate, where appropriate, funds available to AID for tied-aid purposes; and
(6) shall play a special role in helping to meet the infrastructure needs of countries making the transition from nonmarket to market economies by meeting the challenge of infrastructure assistance provided by foreign governments to those countries, including by undertaking a comprehensive study of the infrastructure needs of the various countries making the transition from nonmarket to market economies—
(A) to identify those sectors in the economies of these countries that are most in need of rebuilding, and
(B) to identify the state of technology in these countries and the opportunity for United States high technology firms to help develop a technological infrastructure in these countries, including an assessment of export opportunities for United States high technology companies.
The results of the study conducted pursuant to paragraph (6) shall be reported to the appropriate congressional committees within 12 months after October 28, 1992.
(Pub. L. 102–549, title III, § 302, Oct. 28, 1992, 106 Stat. 3658.)

CITE AS: 22 USC 2421a

§ 2421b. Capital projects for poverty alleviation and environmental safety and sustainability
(a) Purposes
(b) Activities of AID
(Pub. L. 102–549, title III, § 303, Oct. 28, 1992, 106 Stat. 3659.)

CITE AS: 22 USC 2421b

§ 2421c. Coordination

The President shall use the Trade Promotion Coordination Committee to coordinate activities under sections 2421a to 2421e of this title with other relevant activities of the United States Government.

(Pub. L. 102–549, title III, § 304, Oct. 28, 1992, 106 Stat. 3659.)

CITE AS: 22 USC 2421c

§ 2421d. Funding for capital projects
(a) Funding level
(b) Development assistance capital projects
(Pub. L. 102–549, title III, § 306, Oct. 28, 1992, 106 Stat. 3660.)

CITE AS: 22 USC 2421d

§ 2421e. Definitions
For purposes of sections 2421a to 2421e of this title—
(1) the term “AID” means the Agency for International Development; and
(2) the term “capital project” means a project involving the construction, expansion, alteration of, or the acquisition of equipment for, a physical facility or physical infrastructure, including related engineering design (concept and detail) and other services, the procurement of equipment (including any related services), and feasibility studies or similar engineering and economic services.
(Pub. L. 102–549, title III, § 308, Oct. 28, 1992, 106 Stat. 3660.)

CITE AS: 22 USC 2421e

§ 2421f. Sustainability requirements for certain capital projects in connection with overseas contingency operations
(a) Limitation
(1) In generalCommencing 60 days after January 2, 2013—
(A) amounts authorized to be appropriated for the Department of Defense may not be obligated or expended for a capital project described in subsection (b) unless the Secretary of Defense, in consultation with the United States commander of military operations in the country in which the project will be carried out, completes an assessment on the necessity and sustainability of the project;
(B) amounts authorized to be appropriated for the Department of State may not be obligated or expended for a capital project described in subsection (b) unless the Secretary of State, in consultation with the Chief of Mission in the country in which the project will be carried out, completes an assessment on the necessity and sustainability of the project; and
(C) amounts authorized to be appropriated for the United States Agency for International Development may not be obligated or expended for a capital project described in subsection (b) unless the Administrator of the United States Agency for International Development, in consultation with the Mission Director and the Chief of Mission in the country in which the project will be carried out, completes an assessment on the necessity and sustainability of the project.
(2) ElementsEach assessment on a capital project under this subsection shall include, but not be limited to, the following:
(A) An estimate of the total cost of the completed project to the United States.
(B) An estimate of the financial and other requirements necessary for the host government to sustain the project on an annual basis after completion of the project.
(C) An assessment whether the host government has the capacity (in both financial and human resources) to maintain and use the project after completion.
(D) A description of any arrangements for the sustainment of the project following its completion if the host government lacks the capacity (in financial or human resources) to maintain the project.
(E) An assessment whether the host government has requested or expressed its need for the project, and an explanation of the decision to proceed with the project absent such request or need.
(F) An assessment by the Secretary of Defense, where applicable, of the effect of the project on the military mission of the United States in the country concerned.
(b) Covered capital projects
(1) In generalExcept as provided in paragraph (2), a capital project described in this subsection is any capital project overseas for an overseas contingency operation for the benefit of a host country and funded by the Department of Defense, the Department of State, or the United States Agency for International Development, as applicable, if the capital project—
(A) in the case of a project that directly supports building the capacity of indigenous security forces in the host country, has an estimated value in excess of $10,000,000;
(B) in the case of any project not covered by subparagraph (A) that is to be funded by the Department of State or the United States Agency for International Development, has an estimated value in excess of $5,000,000; or
(C) in the case of any other project, has an estimated value in excess of $2,000,000.
(2) Exclusion
(c) Waiver
(d) Semi-annual reports
(1) In general
(2) Additional elementsIn addition to the matters provided for in paragraph (1), each report under that paragraph shall include the following:
(A) For each capital project covered by such report, an evaluation (other than by amount of funds expended) of the effectiveness of such project, including, at a minimum, the following:
(i) The stated goals of the project.
(ii) The actions taken to assess and verify whether the project has met the stated goals of the project or is on track to meet such goals when completed.
(iii) The current and anticipated levels of involvement of local governments, communities, and individuals in the project.
(B) For each country or region in which a capital project covered by such report is being carried out, an assessment of the current and anticipated risks of corruption or fraud in connection with such project.
(3) Form
(e) DefinitionsIn this section:
(1) The term “appropriate committees of Congress” means—
(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.
(2) The term “capital project” has the meaning given that term in section 2421e of this title.
(3) The term “overseas contingency operation” means a military operation outside the United States and its territories and possessions that is a contingency operation (as that term is defined in section 101(a)(13) of title 10).
(Pub. L. 112–239, div. A, title XII, § 1273, Jan. 2, 2013, 126 Stat. 2023.)

CITE AS: 22 USC 2421f

§ 2422. Repealed. Pub. L. 102–88, title VI, § 601, Aug. 14, 1991, 105 Stat. 441

CITE AS: 22 USC 2422

§ 2423. Exchanges of certain materials
(a) Agreement for necessary or strategic raw material; definition
(b) Allocation of raw materials to Federal agencies
(c) Deposits in United States Treasury of funds from disposal of materials
(Pub. L. 87–195, pt. III, § 663, as added Pub. L. 93–559, § 32, Dec. 30, 1974, 88 Stat. 1805.)

CITE AS: 22 USC 2423

§ 2424. Repealed. Pub. L. 95–88, title I, § 123(c), Aug. 3, 1977, 91 Stat. 541

CITE AS: 22 USC 2424

§ 2425. Repealed. Pub. L. 95–424, title VI, § 604, Oct. 6, 1978, 92 Stat. 961

CITE AS: 22 USC 2425

§ 2426. Discrimination against United States personnel
(a) Assignment of personnel on basis of ability and experience
(b) Prohibition on use of funds in country practicing discrimination
(c) Rules and regulations
(Pub. L. 87–195, pt. III, § 666, as added Pub. L. 94–161, title III, § 318, Dec. 20, 1975, 89 Stat. 868.)

CITE AS: 22 USC 2426

§ 2427. Operating expenses
(a) Authorization of appropriations
There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes—
(1) $387,000,000 for fiscal year 1986 and $387,000,000 for fiscal year 1987 for necessary operating expenses of the agency primarily responsible for administering subchapter I of this chapter, of which $21,750,000 for the fiscal year 1987 is authorized for the necessary operating expenses of the Office of the Inspector General of the Agency for International Development and the remaining amount for the fiscal year is authorized for other necessary operating expenses of that agency; and
(2) such amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs of such agency.
(b) Continuing availability of funds
(Pub. L. 87–195, pt. III, § 667, as added Pub. L. 94–161, title III, § 319, Dec. 20, 1975, 89 Stat. 868; amended Pub. L. 95–88, title I, § 129(a), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95–424, title V, § 506, Oct. 6, 1978, 92 Stat. 960; Pub. L. 96–53, title I, § 120, Aug. 14, 1979, 93 Stat. 365; Pub. L. 96–533, title VII, § 709, Dec. 16, 1980, 94 Stat. 3159; Pub. L. 97–113, title VII, § 706, Dec. 29, 1981, 95 Stat. 1545; Pub. L. 99–83, title IV, § 406, Aug. 8, 1985, 99 Stat. 219; Pub. L. 99–529, title IV, § 402, Oct. 24, 1986, 100 Stat. 3019.)

CITE AS: 22 USC 2427

§ 2428. Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560

CITE AS: 22 USC 2428

§ 2428a. Congressional declaration of policy toward Korea; transmittal of report to Speaker of the House and Congressional committees
(a) The Congress declares that—
(1) United States policy toward Korea should continue to be arrived at by joint decision of the President and the Congress;
(2) in any implementation of the President’s policy of gradual and phased reduction of United States ground forces from the Republic of Korea, the United States should seek to accomplish such reduction in stages consistent with United States interests in Asia, notably Japan, and with the security interests of the Republic of Korea;
(3) any implementation of this policy should be carried out with a careful regard to the interest of the United States in continuing its close relationship with the people and government of Japan, in fostering democratic practices in the Republic of Korea, and in maintaining stable relations among the countries of East Asia; and
(4) these interests can be served most effectively by a policy which involves consultations by the United States Government, as appropriate, with the governments of the region, particularly those directly involved.
(b)
(1) Any implementation of the foregoing policy shall be carried out in regular consultation with the Congress.
(2) Repealed. Pub. L. 103–236, title I, § 139(5), Apr. 30, 1994, 108 Stat. 398.
(Pub. L. 95–105, title V, § 512, Aug. 17, 1977, 91 Stat. 861; Pub. L. 103–236, title I, § 139(5), Apr. 30, 1994, 108 Stat. 398.)

CITE AS: 22 USC 2428a

§ 2428b. Special security assistance for modernization of Armed Forces of Korea
(a) Transfer authority of President of defense articles and services located in Korea; applicable terms and conditions; reimbursement
(1) The President is authorized until December 31, 1982—
(A) to transfer, without reimbursement, to the Republic of Korea, only in conjunction with the withdrawal of the 2d Infantry Division and support forces from Korea, such United States Government-owned defense articles as he may determine which are located in Korea in the custody of units of the United States Army scheduled to depart from Korea; and
(B) to furnish to the Republic of Korea, without reimbursement, defense services (including technical and operational training) in Korea directly related to the United States Government-owned defense articles transferred to the Republic of Korea under this subsection.
(2) Any transfer under the authority of this section shall be made in accordance with all the terms and conditions of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] applicable to the furnishing of defense articles and defense services under chapter 2 of part II of that Act [22 U.S.C. 2311 et seq.], except that no funds heretofore or hereafter appropriated under that Act shall be available to reimburse any agency of the United States Government for any such transfer or related services.
(b) Additional transfer authority of President of defense articles located outside of Korea; prerequisites for determinations respecting transfers; report by President to Congress of determinationsIn order that transfers of defense articles under subsection (a) will not cause significant adverse impact on the readiness of the Armed Forces of the United States, the President is authorized, in lieu of such transfers, to transfer additional defense articles from the stocks of the Department of Defense, wherever located, to the Republic of Korea to compensate for the military capability of defense articles withdrawn from Korea in any case where he determines that—
(1) the transfer of specific defense articles located in Korea would have a significant adverse impact on the readiness of the United States Armed Forces;
(2) the defense capability provided by those defense articles is needed by the Armed Forces of the Republic of Korea in order to maintain the military balance on the Korean peninsula; and
(3) a comparable defense capability could be provided by less advanced defense articles in the stocks of the Department of Defense which could be transferred without significant adverse impact on the readiness of the United States Armed Forces.
The President shall report to the Congress each determination made under this subsection prior to the transfer of the defense articles described in such determination.
(c) Report by President to Congress of types, etc., of transferred defense articles
(d) Repealed. Pub. L. 97–113, title VII, § 734(a)(12), Dec. 29, 1981, 95 Stat. 1560
(e) Congressional policy respecting further troop withdrawals
(1) It is the sense of the Congress that further withdrawal of ground forces of the United States from the Republic of Korea may seriously risk upsetting the military balance in that region and requires full advance consultation with the Congress.
(2) Repealed. Pub. L. 97–113, title VII, § 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.
(Pub. L. 95–384, § 23, Sept. 26, 1978, 92 Stat. 743; Pub. L. 97–113, title VII, § 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.)

CITE AS: 22 USC 2428b

§§ 2429, 2429a. Repealed. Pub. L. 103–236, title VIII, § 826(b), Apr. 30, 1994, 108 Stat. 519

CITE AS: 22 USC 2429, 2429a

§ 2429a–1. Annual report on nuclear transfer activities
Beginning with the fiscal year 1983 and for each fiscal year thereafter, the President shall prepare and transmit to the Congress, as part of the presentation materials for foreign assistance programs proposed for that fiscal year, a classified report describing the nuclear programs and related activities of any country for which a waiver of section 2799aa or 2799aa–1 of this title is in effect, including an assessment of—
(1) the extent and effectiveness of International Atomic Energy Agency safeguards at that country’s nuclear facilities; and
(2) the capability, actions, and intentions of the government of that country with respect to the manufacture or acquisition of a nuclear explosive device.
(Pub. L. 97–113, title VII, § 735, Dec. 29, 1981, 95 Stat. 1561; Pub. L. 103–236, title VIII, § 826(c), Apr. 30, 1994, 108 Stat. 519.)

CITE AS: 22 USC 2429a-1

§ 2429a–2. Enforcement of nonproliferation treaties
(a) Policy
(b) Prohibition
(c) Waiver
The President may waive the application of subsection (b) if—
(1) the President determines that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security; and
(2) the President reports such determination to the Congress at least 15 days in advance of any resumption of assistance to that state.
(Pub. L. 103–236, title V, § 530, Apr. 30, 1994, 108 Stat. 479.)

CITE AS: 22 USC 2429a-2

§ 2429b. Transferred

CITE AS: 22 USC 2429b