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22 U.S.C. § 2364 — Special authorities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Furnishing of assistance and arms export sales, credits, and guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal year limitations; transfers between accounts**
(1) The President may authorize the furnishing of assistance under this chapter without regard to any provision of this chapter, the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.], any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under this chapter, in furtherance of any of the purposes of this chapter, 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 [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.], without regard to any provision of this chapter, 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
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Source location: Title 22, Chapter 32, § 2364; chapter-032-foreign-assistance.md
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**(a) Furnishing of assistance and arms export sales, credits, and guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal year limitations; transfers between accounts**
(1) The President may authorize the furnishing of assistance under this chapter without regard to any provision of this chapter, the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.], any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under this chapter, in furtherance of any of the purposes of this chapter, 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 [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.], without regard to any provision of this chapter, 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)
(A) The authority of this subsection may not be used in any fiscal year to authorize—
(i) more than $750,000,000 in sales to be made under the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.];
(ii) the use of more than $250,000,000 of funds made available for use under this chapter or the Arms Export Control Act; and
(iii) the use of more than $100,000,000 of foreign currencies accruing under this chapter or any other law.
(B) If the authority of this subsection is used both to authorize a sale under the Arms Export Control Act and to authorize funds to be used under the Arms Export Control Act or under this chapter with respect to the financing of that sale, then the use of the funds shall be counted against the limitation in subparagraph (A)(ii) and the portion, if any, of the sale which is not so financed shall be counted against the limitation in subparagraph (A)(i).
(C) Not more than $50,000,000 of the $250,000,000 limitation provided in subparagraph (A)(ii) may be allocated to any one country in any fiscal year unless that country is a victim of active aggression, and not more than $500,000,000 of the aggregate limitation of $1,000,000,000 provided in subparagraphs (A)(i) and (A)(ii) may be allocated to any one country in any fiscal year.
(5) The authority of this section may not be used to waive the limitations on transfers contained in [section 2360(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2360/a&num=0&edition=prelim).
**(b) United States obligations in West Germany** Whenever the President determines it to be important to the national interest, he may use funds available for the purposes of part IV of subchapter I of this chapter in order to meet the responsibilities or objectives of the United States in Germany, including West Berlin, and without regard to such provisions of law as he determines should be disregarded to achieve this purpose.
**(c) Certification by President of inadvisability to specify nature of use of funds; reports to Congress** The President is authorized to use amounts not to exceed $50,000,000 of the funds made available under this chapter pursuant to his certification that it is inadvisable to specify the nature of the use of such funds, which certification shall be deemed to be a sufficient voucher for such amounts. The President shall fully inform the chairman and ranking minority member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking minority member of the Committee on Foreign Relations of the Senate of each use of funds under this subsection prior to the use of such funds.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unforeseen emergency; national interest; determinations and reports to Congress; limitation of defense articles, defense services, and military education and training furnished**
(1) If the President determines and reports to the Congress in accordance with [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2411&num=0&edition=prelim) that—
(A) an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and
(B) the emergency requirement cannot be met under the authority of the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.] or any other law except this section;
he may direct, for the purposes of subchapter II of this chapter, the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $100,000,000 in any fiscal year.
(2)
(A) If the President determines and reports to the Congress in accordance with [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2411&num=0&edition=prelim) that it is in the national interest of the United States to draw down articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training—
(i) for the purposes and under the authorities of—
(I) part VIII of subchapter I of this chapter (relating to intern
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2318
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs.
**(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2381
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter.
**(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter.
**(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an
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Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2751
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Review of Government activities; description of progress; assessment of impact of progress; determinations regarding non-nuclear-weapon states; counterproductiveness of policies** The President shall review all activities of Government departments and agencies relating to preventing proliferation and shall make a report to Congress in January of 1979 and annually in January of each year thereafter on the Government’s efforts to prevent proliferation. This report shall include but not be limited to—
(1) a description of the progress made toward—
(A) negotiating the initiatives contemplated in sections 3223 and 3224 of this title;
(B) negotiating the international arrangements or other mutual undertakings contemplated in [section 2153b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153b&num=0&edition=prelim);
(C) encouraging non-nuclear-weapon states that are not party to the Treaty to adhere to the Treaty or, pending such adherence, to enter into comparable agreements with respect to safeguards and to foreswear the development of any nuclear explosive devices, and discouraging nuclear exports to non-nuclear-weapon states which have not taken such steps;
(D) strengthening the safeguards of the IAEA as contemplated in [section 3241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3241&num=0&edition=prelim); and
(E) renegotiating agreements for cooperation as contemplated in [section 2153c(a) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153c/a&num=0&edition=prelim);
(2) an assessment of the impact of the progress described in paragraph (1) on the non-proliferation policy of the United States; an explanation of the precise
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Federal law — U.S. Code and appendices · legal_authorities
Page 843
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2364
owed to or owned by the United States. In order
to carry out such responsibility the Secretary
shall issue regulations binding upon all agencies
of the Government.
(b) Establishment of exchange rates
The Secretary of the Treasury shall have sole
authority to establish for all foreign currencies
or credits the exchange rates at which such cur-
rencies are to be reported by all agencies of the
Government.
(c) Repealed. Pub. L. 97–113, title VII, § 734(a)(1),
Dec. 29, 1981, 95 Stat. 1560
(d) Interest income on foreign currency pro-
ceeds; regulations; waiver; report to Con-
gress
In cases where assistance is to be furnished to
any recipient country in furtherance of the pur-
poses of this chapter or any other Act on a basis
which will result in the accrual of foreign cur-
rency proceeds to the United States, the Sec-
retary of the Treasury shall issue regulations re-
quiring that agreements, in respect of such as-
sistance, include provisions for the receipt of in-
terest income on the foreign currency proceeds
deposited in authorized depositaries: Provided,
That whenever the Secretary of State deter-
mines it not to be in the national interest to
conclude arrangements for the receipt of inter-
est income he may waive the requirement there-
of: Provided further, That the Secretary of State,
or his delegate, shall promptly make a complete
report to the Congress on each such determina-
tion and the reasons therefor.
(Pub. L. 87–195, pt. III, § 613, Sept. 4, 1961, 75 Stat.
443; Pub. L. 89–171, pt. III, § 301(c), Sept. 6, 1965,
79 Stat. 659; Pub. L. 94–273, § 46, Apr. 21, 1976, 90
Stat. 382; Pub. L. 97–113, title VII, § 734(a)(1), Dec.
29, 1981, 95 Stat. 1560.)
Editorial Notes
REFERENCES IN TEXT
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2364
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Federal law — U.S. Code and appendices · legal_authorities
Page 1185
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2751
Sec.
2762.
Procurement for cash sales.
2763.
Credit sales.
2764.
Guaranties.
2765.
Annual estimate and justification for
sales program.
2766.
Security assistance surveys.
2767.
Authority of President to enter into co-
operative projects with friendly for-
eign countries.
2767a, 2768.
Repealed.
SUBCHAPTER II–A—FOREIGN MILITARY
CONSTRUCTION SALES
2769.
Foreign military construction sales.
SUBCHAPTER II–B—SALES TO UNITED STATES
COMPANIES FOR INCORPORATION INTO END
ITEMS
2770.
General authority.
SUBCHAPTER II–C—EXCHANGE OF TRAINING AND
RELATED SUPPORT
2770a.
Exchange of training and related sup-
port.
SUBCHAPTER III—MILITARY EXPORT CONTROLS
2771.
Military sales authorizations and ceil-
ings.
2772.
Repealed.
2773.
Restraint in arms sales to Sub-Saharan
Africa.
2774.
Foreign military sales credit standards.
2775.
Foreign military sales to less developed
countries.
2776.
Reports and certifications to Congress
on military exports.
2776a.
Repealed.
2777.
Fiscal provisions relating to foreign
military sales credits.
2778.
Control of arms exports and imports.
2778a.
Exportation of uranium depleted in the
isotope 235.
2779.
Fees of military sales agents.
2779a.
Prohibition on incentive payments.
2780.
Transactions with countries supporting
acts of international terrorism.
2781.
Transactions with countries not fully co-
operating
with
United
States
antiterrorism efforts.
SUBCHAPTER III–A—END-USE MONITORING OF
DEFENSE ARTICLES AND DEFENSE SERVICES
2785.
End-use monitoring of defense articles
and defense services.
SUBCHAPTER IV—GENERAL, ADMINISTRATIVE,
AND MISCELLANEOUS PROVISIONS
2791.
General provisions.
2792.
Administrative expenses.
2793.
Othe
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2751
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