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10 U.S.C. § 408 — Assistance in support of Department of Defense accounting for missing United States Government personnel

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 408 — Assistance in support of Department of Defense accounting for missing United States Government personnel

**(a) In General.—** The Secretary of Defense may provide assistance to and procure goods and services from any foreign nation to assist the Department of Defense with recovery of and accounting for missing United States Government personnel. **(b) Types of Assistance.—** The assistance provided under subsection (a) may include the following: (1) Equipment. (2) Supplies. (3) Services. (4) Training of personnel. (5) Funds. **(c) Approval by Secretary of State.—** Assistance may not be provided under this section to any foreign nation unless the Secretary of State specifically approves the provision of such assistance. **(d) Limitations.—** (1) Except as provided in paragraph (2), the amount of assistance provided under this section in any fiscal year may not exceed $15,000,000. (2) The Secretary may waive the limitation under paragraph (1) if the Secretary submits to the congressional defense committees notice of the waiver together with the reasons why the waiver is necessary. (3) No assistance may be provided under this section to a foreign nation the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to— (A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ([50 U.S.C. 4813(c)(1)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4813/c/1/A&num=0&edition=prelim)); (B) section 620A of the Foreign Assistance Act of 1961 ([22 U.S.C. 2371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2371&num=0&edition=prelim)); or (C) section 40 of the Arms Export Control Act ([22 U.S.C. 2780](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2780&num=0&edition=prelim)). **(e) Construction With Othe

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Source location: Title 10, Chapter 20, § 408; chapter-020-humanitarian-and-other-assistance.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2780 — Transactions with countries supporting acts of international terrorism

**(a) Prohibited transactions by United States Government** The following transactions by the United States Government are prohibited: (1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) under the authority of this chapter, the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.], or any other law (except as provided in subsection (h)). In implementing this paragraph, the United States Government— (A) shall suspend delivery to such country of any such item pursuant to any such transaction which has not been completed at the time the Secretary of State makes the determination described in subsection (d), and (B) shall terminate any lease or loan to such country of any such item which is in effect at the time the Secretary of State makes that determination. (2) Providing credits, guarantees, or other financial assistance under the authority of this chapter, the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.], or any other law (except as provided in subsection (h)), with respect to the acquisition of any munitions item by a country described in subsection (d). In implementing this paragraph, the United States Government shall suspend expenditures pursuant to any such assistance obligated before the Secretary of State makes the determination described in subsection (d). The President may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the President has determined, and reported to the Co

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2371 — Prohibition on assistance to governments supporting international terrorism

**(a) Prohibition** The United States shall not provide any assistance under this chapter, the Food for Peace Act [[7 U.S.C. 1691](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1691&num=0&edition=prelim) et seq.], the Peace Corps Act [[22 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2501&num=0&edition=prelim) et seq.], or the Export-Import Bank Act of 1945 [[12 U.S.C. 635](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635&num=0&edition=prelim) et seq.] to any country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism. **(b) Publication of determinations** Each determination of the Secretary of State under subsection (a), including each determination in effect on December 12, 1989, shall be published in the Federal Register. **(c) Rescission** A determination made by the Secretary of State under subsection (a) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate— (1) before the proposed rescission would take effect, a report certifying that— (A) there has been a fundamental change in the leadership and policies of the government of the country concerned; (B) that government is not supporting acts of international terrorism; and (C) that government has provided assurances that it will not support acts of international terrorism in the future; or (2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that— (A) the government concerned has not provided any support for international terrorism d

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 408 — Assistance in support of Department of De-

Page 448 TITLE 10—ARMED FORCES § 408 nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. AUTHORITY TO TRANSFER SURPLUS MINE-RESISTANT AMBUSH-PROTECTED VEHICLES AND SPARE PARTS Pub. L. 112–239, div. A, title X, § 1053, Jan. 2, 2013, 126 Stat. 1937, provided that: ‘‘(a) AUTHORITY.—The Secretary of Defense is author- ized to transfer surplus Mine-Resistant Ambush-Pro- tected vehicles, including spare parts for such vehicles, to non-profit United States humanitarian demining or- ganizations for purposes of demining activities and training of such organizations. ‘‘(b) TERMS AND CONDITIONS.—Any transfer of vehicles or spare parts under subsection (a) shall be subject to the following terms and conditions: ‘‘(1) The transfer shall be made on a loan basis. ‘‘(2) The costs of operation and maintenance of the vehicles shall be borne by the recipient organization. ‘‘(3) Any other terms and conditions as the Sec- retary of Defense determines to be appropriate. ‘‘(c) NOTIFICATION.—The Secretary of Defense shall notify the congressional defense committees [Commit- tees on Armed Services and Appropriations of the Sen- ate and the House of Representatives] in writing not less than 60 days before making any transfer of vehicles or spare parts under subsection (a). Such notification shall include the name of the organization, the number and model of the vehicle to be transferred, a listing of any spare parts to be transferred, and any other infor- mation the Secretary considers appropriate.’’ § 408. Assistance in support of Department of De- fense accounting for missing United States Government personnel (a) IN GENERAL.—The Secretary of Defense may provide assistance to any foreign nation to assist the

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2371 — Prohibition on assistance to governments

Page 862 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2371 June 15 of the following year. The report shall include— (1) a list of the countries receiving notifica- tion that they are in violation of the stand- ards under sections 2370c to 2370c–2 of this title; (2) a description and the amount of any as- sistance withheld under this title pursuant to the application to those countries of the pro- hibition in section 2370c–1(a) of this title; (3) a list of any waivers or exceptions exer- cised under sections 2370c to 2370c–2 of this title; (4) justification for any such waivers and ex- ceptions; and (5) a description and the amount of any as- sistance provided under sections 2370c to 2370c–2 of this title pursuant to the issuance of such waiver. (d) Information to be included in annual traf- ficking in persons report If the Secretary of State notifies a country pursuant to section 2370c–1(b)(2) of this title, or the President grants a waiver pursuant to sec- tion 2370c–1(c)(1) of this title, the Secretary of State shall include, in each report required under section 7107(b) of this title, the informa- tion required to be included in the annual report to Congress under paragraphs (1) through (5) of subsection (c). (Pub. L. 110–457, title IV, § 405, Dec. 23, 2008, 122 Stat. 5090; Pub. L. 115–425, title II, § 212(c), Jan. 8, 2019, 132 Stat. 5486.) Editorial Notes REFERENCES IN TEXT Sections 2370c to 2370c–2 of this title, referred to in subsec. (c)(1), (3), (5), was in the original ‘‘this title’’, meaning title IV of Pub. L. 110–457, Dec. 23, 2008, 122 Stat. 5087, known as the Child Soldiers Prevention Act of 2008, which is classified principally to sections 2370c to 2370c–2 of this title. For complete classification of this Act to the Code, see

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2371

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2780 — Transactions with countries supporting

Page 1265 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2780 the United States, July 26, 1994, 59 F.R. 40205, set out as a note under section 2370a of this title. § 2780. Transactions with countries supporting acts of international terrorism (a) Prohibited transactions by United States Government The following transactions by the United States Government are prohibited: (1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), di- rectly or indirectly, any munitions item to a country described in subsection (d) under the authority of this chapter, the Foreign Assist- ance Act of 1961 [22 U.S.C. 2151 et seq.], or any other law (except as provided in subsection (h)). In implementing this paragraph, the United States Government— (A) shall suspend delivery to such country of any such item pursuant to any such trans- action which has not been completed at the time the Secretary of State makes the de- termination described in subsection (d), and (B) shall terminate any lease or loan to such country of any such item which is in ef- fect at the time the Secretary of State makes that determination. (2) Providing credits, guarantees, or other fi- nancial assistance under the authority of this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or any other law (except as provided in subsection (h)), with respect to the acquisition of any munitions item by a coun- try described in subsection (d). In imple- menting this paragraph, the United States Government shall suspend expenditures pursu- ant to any such assistance obligated before the Secretary of State makes the determination described in subsection (d). The President may authorize expenditures otherwise required to be suspended pursuant to the preceding

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4813 — Authority of the President

**(a) Authority** In order to carry out the policy set forth in paragraphs (1) through (10) of [section 4811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4811&num=0&edition=prelim), the President shall control— (1) the export, reexport, and in-country transfer of items subject to the jurisdiction of the United States, whether by United States persons or by foreign persons; and (2) the activities of United States persons, wherever located, relating to specific— (A) nuclear explosive devices; (B) missiles; (C) chemical or biological weapons; (D) whole plants for chemical weapons precursors; (E) foreign maritime nuclear projects; and (F) foreign military, security, or intelligence services. **(b) Requirements** In exercising authority under this subchapter to carry out the policy set forth in paragraphs (1) through (10) of [section 4811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4811&num=0&edition=prelim), the President shall— (1) regulate the export, reexport, and in-country transfer of items described in subsection (a)(1) of United States persons or foreign persons; (2) regulate the activities described in subsection (a)(2) of United States persons, wherever located; (3) seek to secure the cooperation of other governments and multilateral organizations to impose control systems that are consistent, to the extent possible, with the controls imposed under subsection (a); (4) maintain the leadership of the United States in science, engineering, technology research and development, manufacturing, and foundational technology that is essential to innovation; (5) protect United States technological advances by prohibiting unauthorized technology transfers to f

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4813 — Additional authorities

Page 1204 TITLE 50—WAR AND NATIONAL DEFENSE § 4812 with section 740.17 of title 15[,] Code of Federal Regulations; and ‘‘(iii) subject to a general license issued by the Department of Commerce or Department of Treasury. ‘‘(e) NATIONAL INTEREST WAIVER.—The Secretary of Commerce may waive the requirements imposed under this section if the Secretary— ‘‘(1) determines that the waiver is in the national interests of the United States; and ‘‘(2) submits to the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives and to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate a report ex- plaining which requirements are being waived and the reasons for the waiver. ‘‘(f) SUNSET.—The authority provided under this sec- tion shall terminate on the date that is 7 years after the date of the enactment of this division. ‘‘(g) DEFINITIONS.—In this section— ‘‘(1) the term ‘Commerce Control List’ means the list maintained pursuant to part 744 of the Export Ad- ministration Regulations; ‘‘(2) the term ‘covered Export Control Classification Number’ means an Export Control Classification Number in product group D or E of Category 3, 4, 5, 6, 7, 8, or 9 of the Commerce Control List; ‘‘(3) the terms ‘Export Administration Regula- tions’, ‘export’, ‘reexport’, and ‘in-country transfer’ have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801); and ‘‘(4) the terms ‘direct product’, ‘technology’, ‘soft- ware’, ‘major component’, ‘knowledge’, ‘production’, ‘development’, ‘part’, ‘component’, ‘equipment’, and ‘government end users’ have the meanings given those terms in section 734.9 or part 772 of the Export Administra

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