22 U.S.C. § 2423 — Exchanges of certain materials

Page 942 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2422 (2) The term ‘‘capital project’’ has the mean- ing given that term in section 2421e of this title. (3) The term ‘‘overseas contingency oper- ation’’ means a military operation outside the United States and its territories and posses- sions 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.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 2422. Repealed. Pub. L. 102–88, title VI, § 601, Aug. 14, 1991, 105 Stat. 441 Section, Pub. L. 87–195, pt. III, § 662, as added Pub. L. 93–559, § 32, Dec. 30, 1974, 88 Stat. 1804, and amended Pub. L. 96–450, title IV, § 407(a), Oct. 14, 1980, 94 Stat. 1981, prohibited funding of activities of the Central Intel- ligence Agency, other than intelligence gathering, without Presidential finding of importance to national security of United States and defined such activities as significant anticipated intelligence activities for pur- pose of section 413 of Title 50, War and National De- fense. See section 3094 of Title 50. § 2423. Exchanges of certain materials (a) Agreement for necessary or strategic raw ma- terial; definition Notwithstanding any other provision of law, whenever the President determines it is in the United States national interest, he shall furnish assistance under this chapter or shall furnish de- fense articles or services under the Foreign Mili- tary Sales Act [22 U.S.C. 2751 et. seq.], pursuant to an agreement with the recipient of such as- sistance, articles, or services which provides that such recipient may only obtain such assist- ance, articles, or services in exchange for any necessary or strategic raw material controlled by such recipient. For the purposes of this sec- tion, the term ‘‘necessary or strategic raw mate- rial’’ includes petroleum, other fossil fuels, met- als, minerals, or any other natural substance which the President determines is in short sup- ply in the United States. (b) Allocation of raw materials to Federal agen- cies The President shall allocate any necessary or strategic raw material transferred to the United States under this section to any appropriate agency of the United States Government for stockpiling, sale, transfer, disposal, or any other purpose authorized by law. (c) Deposits in United States Treasury of funds from disposal of materials Funds received from any disposal of materials under subsection (b) shall be deposited as mis- cellaneous receipts in the United States Treas- ury. (Pub. L. 87–195, pt. III, § 663, as added Pub. L. 93–559, § 32, Dec. 30, 1974, 88 Stat. 1805.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. The Foreign Military Sales Act, referred to in subsec. (a), is Pub. L. 90–629, ch. 1, Oct. 22, 1968, 82 Stat. 1320, known as the Arms Export Control Act, on authority of section 201(b) of Pub. L. 94–329, title II, June 30, 1976, 90 Stat. 734, and is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2424. Repealed. Pub. L. 95–88, title I, § 123(c), Aug. 3, 1977, 91 Stat. 541 Section, Pub. L. 87–195, pt. III, § 664, as added Pub. L. 93–559, § 33, Dec. 30, 1974, 88 Stat. 1805, authorized the President to waive provisions which prohibited assist- ance to countries trading with designated countries. § 2425. Repealed. Pub. L. 95–424, title VI, § 604, Oct. 6, 1978, 92 Stat. 961 Section, Pub. L. 87–195, pt. III, § 665, as added Pub. L. 94–161, title III, § 317, Dec. 20, 1975, 89 Stat. 867, author- ized appropriations for the interim period July 1, 1976 through Sept. 30, 1976 of such amounts as were nec- essary to conduct programs for which funding was au- thorized for fiscal year 1976 by the International Devel- opment and Food Assistance Act of 1975 provided the total amount authorized not exceed one-fourth of the total authorized for fiscal year 1976 for such programs and activities. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title. § 2426. Discrimination against United States per- sonnel (a) Assignment of personnel on basis of ability and experience The President shall not take into account, in assigning officers and employees of the United States to carry out any economic development assistance programs funded under this chapter