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22 U.S.C. § 2795 — Fund
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; purposes; special requirements and responsibilities; continuous orders for certain articles and services; articles for narcotics control purposes**
(1) Under the direction of the President and in consultation with the Secretary of State, the Secretary of Defense shall establish a Special Defense Acquisition Fund (hereafter in this subchapter referred to as the “Fund”), to be used as a revolving fund separate from other accounts, under the control of the Department of Defense, to finance the acquisition of defense articles and defense service in anticipation of their transfer pursuant to 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 as otherwise authorized by law, to eligible foreign countries and international organizations, and may acquire such articles and services with the funds in the Fund as he may determine. Acquisition under this subchapter of items for which the initial issue quantity requirements for United States Armed Forces have not been fulfilled and are not under current procurement contract shall be emphasized when compatible with security assistance requirements for the transfer of such items.
(2) Nothing in this subchapter may be construed to limit or impair any responsibilities conferred upon the Secretary of State or the Secretary of Defense under this chapter or 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.].
(3) The Fund may be used to keep on continuous order such defense articles and defense services as are assigned by the Department of Defense for integrated management by
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Source file: Laws/federal/codes/united-states-code/title-22/section-2795-fund--80324218de.md
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Source location: Title 22, Chapter 39, § 2795; chapter-039-arms-export-control.md
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**(a) Establishment; purposes; special requirements and responsibilities; continuous orders for certain articles and services; articles for narcotics control purposes**
(1) Under the direction of the President and in consultation with the Secretary of State, the Secretary of Defense shall establish a Special Defense Acquisition Fund (hereafter in this subchapter referred to as the “Fund”), to be used as a revolving fund separate from other accounts, under the control of the Department of Defense, to finance the acquisition of defense articles and defense service in anticipation of their transfer pursuant to 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 as otherwise authorized by law, to eligible foreign countries and international organizations, and may acquire such articles and services with the funds in the Fund as he may determine. Acquisition under this subchapter of items for which the initial issue quantity requirements for United States Armed Forces have not been fulfilled and are not under current procurement contract shall be emphasized when compatible with security assistance requirements for the transfer of such items.
(2) Nothing in this subchapter may be construed to limit or impair any responsibilities conferred upon the Secretary of State or the Secretary of Defense under this chapter or 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.].
(3) The Fund may be used to keep on continuous order such defense articles and defense services as are assigned by the Department of Defense for integrated management by a single agency thereof for the common use of all military departments in anticipation of the transfer of similar defense articles and defense services to foreign countries and international organizations pursuant to 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 other law.
(4) The Fund shall also be used to acquire defense articles that are particularly suited for use for narcotics control purposes and are appropriate to the needs of recipient countries, such as small boats, planes (including helicopters), and communications equipment.
**(b) Collections in Fund** The Fund shall consist of—
(1) collections from sales made under letters of offer issued pursuant to [section 2761(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/a/1/A&num=0&edition=prelim) representing the actual value of defense articles not intended to be replaced in stock,
(2) collections from sales representing the value of asset use charges (including contractor rental payments for United States Government-owned plant and production equipment) and charges for the proportionate recoupment of nonrecurring research, development, and production costs, and
(3) collections from sales made under letters of offer (or transfers made under 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.]) of defense articles and defense services acquired under this subchapter, representing the value of such items calculated in accordance with subparagraph (B) or (C) of [section 2761(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/a/1&num=0&edition=prelim) or [section 2762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2762&num=0&edition=prelim) or section 644(m) of the Foreign Assistance Act of 1961 [[22 U.S.C. 2403(m)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403/m&num=0&edition=prelim)], as appropriate,
together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.
**(c) Amounts**
(1) The size of the Fund may not exceed such dollar amount as is prescribed in [section 114(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section114/c&num=0&edition=prelim). For purposes of this limitation, the size of the Fund is the amounts in the Fund plus the value (in terms of acquisition cost) of the defense articles acquired under this subchapter which have not been transferred from the Fund in accordance with this subchapter.
(2) Amounts in the Fund shall be available for obligation in any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.
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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
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) Authority of President; dependable undertaking by foreign country or international organization; interest rates** Except as otherwise provided in this section, the President may, without requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of defense articles or defense services for sale for United States dollars to any foreign country or international organization if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such times as may be required to meet the payments required by the contract, and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due. Interest shall be charged on any net amount by which any such country or international organization is in arrears under all of its outstanding unliquidated dependable undertakings, considered collectively. The rate of interest charged shall be a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding short-term obligations of the United States as of the last day of the month preceding the net arrearage and shall be computed from the date of net arrearage.
**(b) Issuance of letters of offer under emergency determination; availability of appropriations for payment** The President may, if he determines it to be in the national interest, issue letters of offer under this section which provide for billing upon delivery of the defense ar
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2762
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for—
(1) procurement of aircraft, missiles, or naval vessels;
(2) any research, development, test, or evaluation, or procurement or production related thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and related support equipment;
(6) military construction;
(7) the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);
unless funds therefor have been specifically authorized by law.
**(b)** In subsection (a)(6), the term “military construction” includes any construction, development, conversion, or extension of any kind which is carried out with respect to any military facility or installation (including any Government-owned or Government-leased industrial facility used for the production of defense articles and any facility to which [section 4174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4174&num=0&edition=prelim) applies), any activity to which [section 2807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2807&num=0&edition=prelim) applies, any activity to which chapter 1803 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retention of title to aircraft**
(1) **In general**
(A) Except as provided in paragraph (2), any aircraft made available to a foreign country under this part, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis.
(B) Subparagraph (A) applies to aircraft made available at any time after October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986).
(2) **Exceptions**
(A) Paragraph (1) shall not apply to the extent that—
(i) the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and
(ii) the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under [section 2394–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394-1&num=0&edition=prelim).
(B) Paragraph (1) does not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.
(3) **Assistance for leasing of aircraft**
(A) For purposes of satisfying the requirement of paragraph (1), funds made available for the “Foreign Military Financing Program” under section 23 of the Arms Export Control Act [[22 U.S.C. 2763](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim)] may be used to finance the leasing of aircraft under chapter 6 of that Act [[22 U.S.C. 2796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-s
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prerequisites for consent by President; report to Congress** No defense article or defense service shall be sold or leased by the United States Government under this chapter to any country or international organization, and no agreement shall be entered into for a cooperative project (as defined in [section 2767 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767&num=0&edition=prelim)), unless—
(1) the President finds that the furnishing of defense articles and defense services to such country or international organization will strengthen the security of the United States and promote world peace;
(2) the country or international organization shall have agreed not to transfer title to, or possession of, any defense article or related training or other defense service so furnished to it, or produced in a cooperative project (as defined in [section 2767 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767&num=0&edition=prelim)), to anyone not an officer, employee, or agent of that country or international organization (or the North Atlantic Treaty Organization or the specified member countries (other than the United States) in the case of a cooperative project) and not to use or permit the use of such article or related training or other defense service for purposes other than those for which furnished unless the consent of the President has first been obtained;
(3) the country or international organization shall have agreed that it will maintain the security of such article or service and will provide substantially the same degree of security protection afforded to such article or service by the United States Government; and
(4) the country or international organization is oth
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Defense, in consultation with the Secretary of State, shall seek to utilize the Special Defense Acquisition Fund established under chapter 5 of the Arms Export Control Act ([22 U.S.C. 2795](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2795&num=0&edition=prelim) et seq.) to expedite the procurement and delivery of defense articles and defense services for the purpose of assisting and supporting the armed forces of Taiwan.
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Federal law — U.S. Code and appendices · legal_authorities
Page 532
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2151
Sec.
2394a.
Extortion and illegal payments to offi-
cials of foreign countries receiving
international security assistance.
2394b.
HELP Commission.
2394c.
Information on covered United States
foreign assistance programs.
2395.
General authorities.
2395a.
International
agreements
concerning
debt relief; transmittal to congres-
sional committees.
2396.
Availability of funds.
2396a.
Property Management Fund.
2396b.
USAID Buying Power Maintenance Ac-
count.
2397.
Administrative expenses.
2398.
Assistance to countries pursuant to
other statutes.
2399 to 2399a. Repealed or Transferred.
2399b.
False claims and ineligible commodities.
2399c.
Coordination of policies and programs.
2399d.
Shipping differential.
PART III—MISCELLANEOUS PROVISIONS
2401.
Effective date; identification of pro-
grams.
2402.
Saving provisions.
2403.
Definitions.
2404.
Unexpended balances.
2405.
Separability.
2406.
Development programs for dependable
fuel supplies.
2407.
Special authorization for use of foreign
currencies.
2408.
Repealed.
2409.
Use of United States Armed Forces.
2410, 2410a.
Repealed.
2411.
Limitation upon exercise of special au-
thorities.
2412.
Limitation on foreign assistance appro-
priations.
2413.
Changes in allocation of foreign assist-
ance.
2414.
Presidential findings and determina-
tions.
2414a.
Annual report to Congress on voting
practices at United Nations.
2415.
Annual military assistance report.
2416.
Annual foreign military training report.
2417 to 2419.
Repealed.
2420.
Police training prohibition.
2421.
Trade and Development Agency.
2421a.
Capital projects office within Agency for
International Development.
2421b.
Capital projects for
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2151
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Federal law — U.S. Code and appendices · legal_authorities
As 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim)), 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 informati
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2403
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Federal law — U.S. Code and appendices · legal_authorities
Page 925
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2403
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75
Stat. 424, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title
and Tables.
Statutory Notes and Related Subsidiaries
USAID BRANDING MODERNIZATION
Pub. L. 116–334, Jan. 13, 2021, 134 Stat. 5115, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘USAID Branding Mod-
ernization Act’.
‘‘SEC. 2. AUTHORIZATION FOR BRANDING.
‘‘(a) IN GENERAL.—The Administrator of the United
States Agency for International Development (referred
to in this section as ‘USAID’), in coordination with the
Secretary of State, as appropriate, and with due consid-
eration for the safety and security of implementing
partners and beneficiaries, is authorized to prescribe,
as appropriate, the use of logos or other insignia of the
USAID Identity, or the use of additional or substitute
markings, including the United States flag, to appro-
priately identify, including as required by section 641 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2401), over-
seas programs administered by USAID.
‘‘(b) AUDIT.—Not later than 1 year after the date of
the enactment of this Act [Jan. 13, 2021], the Inspector
General of USAID shall submit to Congress an audit of
compliance with relevant branding and marking re-
quirements of USAID by implementing partners funded
by USAID, including any requirements prescribed pur-
suant to the authorization under subsection (a).’’
Executive Documents
EXECUTIVE ORDER NO. 13964
Ex. Ord. No. 13964, Dec. 10, 2020, 85 F.R. 81333, which
r
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2403
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