22 U.S.C. § 2318 — Special authority

Page 787 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2318 Section 2317(b), Pub. L. 87–195, pt. II, § 509(b), as added Pub. L. 88–633, pt. II, § 201(d), Oct. 7, 1964, 78 Stat. 1011, which related to guaranties, was renumbered § 525(b) of Pub. L. 87–195 by Pub. L. 90–137, pt. II, § 201(i)(2), Nov. 14, 1967, 81 Stat. 457, transferred to section 2345(b) of this title, and subsequently repealed. § 2318. Special authority (a) Unforeseen emergency; national interest; de- terminations and reports to Congress; limita- tion 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 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 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 ag- gregate 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 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 De- partment 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 international narcotics control assistance); (II) part IX of subchapter I of this chapter (relating to international disaster assist- ance); (III) part VIII of subchapter II of this chap- ter (relating to antiterrorism assistance); (IV) part IX of subchapter II of this chap- ter (relating to nonproliferation assistance); or (V) the Migration and Refugee Assistance Act of 1962 [22 U.S.C. 2601 et seq.]; or (ii) for the purpose of providing such arti- cles, services, and military education and training to Vietnam, Cambodia, and Laos as the President determines are necessary— (I) to support cooperative efforts to locate and repatriate members of the United States Armed Forces and civilians employed di- rectly or indirectly by the United States Government who remain unaccounted for from the Vietnam War; and (II) to ensure the safety of United States Government personnel engaged in such coop- erative efforts and to support Department of Defense-sponsored humanitarian projects as- sociated with such efforts. (B) An aggregate value of not to exceed $200,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph— (i) not more than $75,000,000 of which may be provided from the drawdown from the inven- tory and resources of the Department of De- fense; (ii) not more than $75,000,000 of which may be provided pursuant to clause (i)(I) of such subparagraph; and (iii) not more than $15,000,000 of which may be provided to Vietnam, Cambodia, and Laos pursuant to clause (ii) of such subparagraph. (3) In addition to amounts already specified in this section, the President may direct the draw- down 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 ex- ceed $1,000,000,000 per fiscal year, to be provided to Taiwan. (b) Notification and information to Congress of assistance furnished (1) The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Sen- ate, and the Committee on Appropriations of each House of Congress. In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming no- tifications under section 2394–1 of this title. (2) The President shall keep the Congress fully and currently informed of all defense articles, defense services, and military education and training provided under this section, including providing the Congress with a report detailing all defense articles, defense services, and mili- tary education and training delivered to the re- cipient country or international organization upon delivery of such articles or upon comple- tion of such services or education and training. Such report shall also include whether any sav- ings were realized by utilizing commercial transport services rather than acquiring those services from United States Government trans- port assets. (c) Commercial transportation and related serv- ices For the purposes of any provision of law that authorizes the drawdown of defense or other ar- ticles or commodities, or defense or other serv- ices from an agency of the United States Gov- ernment, such drawdown may include the supply of commercial transportation and related serv- ices that are acquired by contract for the pur- poses of the drawdown in question if the cost to acquire such commercial transportation and re- lated services is less than the cost to the United States Government of providing such services from existing agency assets. Page 788 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2318 (d) Authorization of appropriations for reim- bursement of applicable funds There are authorized to be appropriated to the President such sums as may be necessary to re- imburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section. (Pub. L. 87–195, pt. II, § 506, formerly § 510, Sept. 4, 1961, 75 Stat. 437; Pub. L. 87–565, pt. II, § 201(d), Aug. 1, 1962, 76 Stat. 260; Pub. L. 88–205, pt. II, § 202(c), Dec. 16, 1963, 77 Stat. 384; Pub. L. 88–633, pt. II, § 201(e), Oct. 7, 1964, 78 Stat. 1012; Pub. L. 89–171, pt. II, § 201(g), Sept. 6, 1965, 79 Stat. 658; Pub. L. 89–583, pt. II, § 201(d), Sept. 19, 1966, 80 Stat. 803; renumbered § 506 and amended Pub. L. 90–137, pt. II, § 201(j), Nov. 14, 1967, 81 Stat. 457; Pub. L. 90–554, pt. II, § 201(b), Oct. 8, 1968, 82 Stat. 962; Pub. L. 91–175, pt. II, § 202, Dec. 30, 1969, 83 Stat. 820; Pub. L. 92–226, pt. II, § 201(d), pt. III, § 304(a)(2), Feb. 7, 1972, 86 Stat. 25, 28; Pub. L. 93–189, § 12(b)(4), Dec. 17, 1973, 87 Stat. 721; Pub. L. 93–559, § 11, Dec. 30, 1974, 88 Stat. 1798; Pub. L. 94–329, title I, § 102, June 30, 1976, 90 Stat. 730; Pub. L. 96–92, § 5(b), Oct. 29, 1979, 93 Stat. 702; Pub. L. 96–533, title I, § 112(c), Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97–113, title I, § 110(b), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 101–167, title V, § 551(b), Nov. 21, 1989, 103 Stat. 1236; Pub. L. 104–164, title I, § 103(a), (b), July 21, 1996, 110 Stat. 1423; Pub. L. 105–118, title V, § 576, Nov. 26, 1997, 111 Stat. 2433; Pub. L. 106–280, title I, § 121, Oct. 6, 2000, 114 Stat. 850; Pub. L. 117–263, div. E, title LV, § 5505(a), Dec. 23, 2022, 136 Stat. 3298.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in subsec. (a)(1)(B), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which 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 sec- tion 2751 of this title and Tables. The Migration and Refugee Assistance Act of 1962, re- ferred to in subsec. (a)(2)(A)(i)(V), is Pub. L. 87–510, June 28, 1962, 76 Stat. 121, which is classified principally to chapter 36 (§ 2601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables. AMENDMENTS 2022—Subsec. (a)(3). Pub. L. 117–263 added par. (3). 2000—Subsec. (a)(2)(A)(i)(III) to (V). Pub. L. 106–280, § 121(b), added subcls. (III) to (V) and struck out former subcl. (III) which read as follows: ‘‘the Migration and Refugee Assistance Act of 1962; or’’. Subsec. (a)(2)(B). Pub. L. 106–280, § 121(a), substituted ‘‘$200,000,000’’ for ‘‘$150,000,000’’ in introductory provi- sions. 1997—Subsec. (b)(2). Pub. L. 105–118, § 576(1), inserted before period at end ‘‘, including providing the Con- gress with a report detailing all defense articles, de- fense services, and military education and training de- livered to the recipient country or international orga- nization upon delivery of such articles or upon comple- tion of such services or education and training. Such report shall also include whether any savings were real- ized by utilizing commercial transport services rather than acquiring those services from United States Gov- ernment transport assets’’. Subsecs. (c), (d). Pub. L. 105–118, § 576(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 1996—Subsec. (a)(1). Pub. L. 104–164, § 103(a), sub- stituted ‘‘$100,000,000’’ for ‘‘$75,000,000’’ in concluding provisions. Subsec. (a)(2)(A). Pub. L. 104–164, § 103(b)(1), sub- stituted ‘‘articles and services from the inventory and resources of any agency of the United States Govern- ment and military education and training from the De- partment of Defense, the President may direct the drawdown of such articles, services, and military edu- cation and training—’’ and cls. (i) and (ii) for ‘‘defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, he may direct— ‘‘(i) the drawdown of such articles, services, and the provision of such training for the purposes and under the authorities of parts VIII and IX of subchapter I of this chapter, as the case may be; and ‘‘(ii) the drawdown of defense services for the pur- poses and under the authorities of the Migration and Refugee Assistance Act of 1962.’’ Subsec. (a)(2)(B). Pub. L. 104–164, § 103(b)(2), sub- stituted ‘‘$150,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this para- graph—’’ and cls. (i) to (iii) for ‘‘$75,000,000 in any fiscal year of defense articles, defense services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph.’’ Subsec. (b)(1). Pub. L. 104–164, § 103(b)(3), inserted at end ‘‘In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in ad- vance of the drawdowns in accordance with the proce- dures applicable to reprogramming notifications under section 2394–1 of this title.’’ 1989—Subsec. (a). Pub. L. 101–167 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2). 1981—Subsec. (a). Pub. L. 97–113 increased fiscal year limitation to $75,000,000 from $50,000,000 on aggregate value of assistance furnished. 1980—Subsec. (a). Pub. L. 96–533 increased to $50,000,000 from $10,000,000 fiscal year limitation on ag- gregate value of assistance furnished. 1979—Subsec. (a). Pub. L. 96–92 authorized military education and training assistance, substituted $10,000,000 fiscal year limitation on aggregate value of assistance furnished for $67,500,000 fiscal year limita- tion on total value of defense articles and defense serv- ices ordered, and eliminated requirement for deter- mination that failure to respond immediately to the emergency would result in serious harm to vital United States security interests, deleted provision authorizing reimbursement from subsequent appropriations which is covered in subsec. (c), provision for effectiveness of authority only as provided in an appropriation Act, and requirement of information to Congress which is cov- ered in subsec. (b)(2). Subsec. (b). Pub. L. 96–92 required notification of Con- gressional Committees, reenacted former subsec. (a) provision for information to Congress respecting assist- ance furnished, included military education and train- ing, and deleted authorization of Defense Department, in applicable appropriations, to incur obligations in an- ticipation of reimbursements, and authorization of ap- propriations for reimbursement purposes. Subsec. (c). Pub. L. 96–92 incorporated reimbursement provision of former subsec. (b) and expanded section to include military education and training. 1976—Subsec. (a). Pub. L. 94–329 redesignated existing provisions as pars. (1) to (3), limited the President’s au- thority to act by inserting requirements that he act only in cases of unforeseen emergencies requiring im- mediate military assistance to a foreign country or international organization where vital United States security interests are concerned when such emergency requirement cannot be met under authority of the Arms Export Control Act or any other law, reduced the President’s authority from $150 million to $67.5 million in any fiscal year, and required current reporting to Congress on the use of such authority. 1974—Subsec. (a). Pub. L. 93–559 substituted ‘‘fiscal year 1975’’ for ‘‘fiscal year 1974’’ wherever appearing and ‘‘$150,000,000’’ for ‘‘$250,000,000’’. Page 789 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2321b 1973—Subsec. (a). Pub. L. 93–189 substituted ‘‘the fis- cal year 1974’’, ‘‘in the security interests’’, and ‘‘$250,000,000’’ for ‘‘the fiscal year 1972’’, ‘‘vital to the se- curity’’, and ‘‘$300,000,000’’, respectively. 1972—Subsec. (a). Pub. L. 92–226 substituted ‘‘1972’’ for ‘‘1970 and the fiscal year 1971’’ and ‘‘the fiscal year 1972’’ for ‘‘each of the fiscal years 1970 and 1971’’, and re- pealed last sentence providing for prompt notice of ac- tion taken to Committees on Foreign Relations, Appro- priations, and Armed Services of the Senate and Speak- er of the House. 1969—Subsec. (a). Pub. L. 91–175 substituted ‘‘1970 and the fiscal year 1971’’ for ‘‘1969’’ in first sentence, and substituted ‘‘in each of the fiscal years 1970 and 1971’’ for ‘‘in the fiscal year 1969’’ in second sentence. 1968—Subsec. (a). Pub. L. 90–554 substituted ‘‘1969’’ for ‘‘1968’’ wherever appearing. 1967—Subsec. (a). Pub. L. 90–137 substituted ‘‘1968’’ for ‘‘1967’’ wherever appearing. 1966—Subsec. (a). Pub. L. 89–583 substituted ‘‘1967’’ for ‘‘1966’’ wherever appearing. 1965—Subsec. (a). Pub. L. 89–171 substituted ‘‘1966’’ for ‘‘1965’’ wherever appearing. 1964—Subsec. (a). Pub. L. 88–633 substituted ‘‘1965’’ for ‘‘1964’’ wherever appearing. 1963—Subsec. (a). Pub. L. 88–205 substituted ‘‘1964’’ for ‘‘1963’’ wherever appearing. 1962—Subsec. (a). Pub. L. 87–565 substituted ‘‘1963’’ for ‘‘1962’’ wherever appearing. Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter II of this chapter are deemed to exclude parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. 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. §§ 2319 to 2321. Repealed. Pub. L. 93–189, § 12(b)(5), Dec. 17, 1973, 87 Stat. 722 Section 2319, Pub. L. 87–195, pt. II, § 507, formerly §§ 505(b), 511, Sept. 4, 1961, 75 Stat. 436, 438; amended Pub. L. 88–205, pt. II, § 202(d), Dec. 16, 1963, 77 Stat. 384; Pub. L. 89–171, pt. II, § 201(c), (h), Sept. 6, 1965, 79 Stat. 656, 658; renumbered § 507 and amended Pub. L. 90–137, pt. II § 201(k), (l), Nov. 14, 1967, 81 Stat. 457; Pub. L. 90–554, pt. II, § 201(c), Oct. 8, 1968, 82 Stat. 963; Pub. L. 92–226, pt. II, § 201(e), Feb. 7, 1972, 86 Stat. 25, placed cer- tain restrictions on military aid to Latin America. Section 2320, Pub. L. 87–195, pt. II, § 508, formerly § 512, as added Pub. L. 88–205, pt. II, § 202(e), Dec. 16, 1963, 77 Stat. 384; amended Pub. L. 86–633, pt. II, § 201(f), Oct. 7, 1964, 78 Stat. 1012; Pub. L. 89–171, pt. II, § 201(i), Sept. 6, 1965, 79 Stat. 658; Pub. L. 89–583, pt. II, § 201(e), Sept. 19, 1966, 80 Stat. 803; renumbered § 508 and amended Pub. L. 90–137, pt. II, § 201(m), Nov. 14, 1967, 81 Stat. 457; Pub. L. 90–554, pt. II, § 201(d), Oct. 8, 1968, 82 Stat. 963, placed certain restrictions on military aid to African coun- tries. Section 2321, Pub. L. 87–195, pt. II, § 509, formerly § 513, as added Pub. L. 88–633, pt. II, § 201(g), Oct. 7, 1964, 78 Stat. 1012; renumbered § 509 and amended Pub. L. 90–137, pt. II, § 201(n), Nov. 14, 1967, 81 Stat. 457, provided for the giving of certification of recipients’ capabilities to uti- lize defense articles effectively and for the making of a report to the Speaker of the House and the Senate’s Foreign Relations and Appropriations Committees whenever articles are furnished without such certifi- cation. § 2321a. Repealed. Pub. L. 94–329, title I, § 106(b)(1), June 30, 1976, 90 Stat. 733 Section, Pub. L. 87–195, pt. II, § 510, as added Pub. L. 91–175, pt. II, § 203, Dec. 30, 1969, 83 Stat. 820, limited the number of foreign military students to be trained in the United States out of funds appropriated under this subchapter, to not more than the number of foreign ci- vilians brought to the United States under the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) in the immediately preceding year. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 94–329, title I, § 106(c), June 30, 1976, 90 Stat. 734, provided that: ‘‘Except as may be expressly pro- vided to the contrary in this Act [see Short Title of 1976 Amendment note under section 2151 of this title], all determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, under- taken, or entered into under authority of any provision of law amended or repealed by this section [repealing this section and amending sections 2382, 2383, 2392, 2396, and 2403 of this title] shall continue in full force and ef- fect until modified, revoked, or superseded by appro- priate authority.’’ § 2321b. Excess defense article (a) to (c) Repealed. Pub. L. 94–329, title II, § 210(c)(2), June 30, 1976, 90 Stat. 740 (d) Reports to Congress The President shall promptly and fully inform the Speaker of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate of each decision to furnish on a grant basis to any country excess defense articles which are major weapons systems to the extent such major weap- ons system was not included in the presentation material previously submitted to the Congress. The annual presentation materials for security assistance programs shall include a table listing by country the total value of all deliveries of ex- cess defense articles, disclosing both the aggre- gate original acquisition cost and the aggregate value at the time of delivery. (Pub. L. 91–672, § 8, Jan. 12, 1971, 84 Stat. 2054; Pub. L. 92–226, pt. IV, § 402, Feb. 7, 1972, 86 Stat. 33; Pub. L. 93–189, § 26(1)–(3), Dec. 17, 1973, 87 Stat. 731; Pub. L. 93–559, § 13, Dec. 30, 1974, 88 Stat. 1799; Pub. L. 94–329, title II, § 210(c)(2), June 30, 1976, 90 Stat. 740; Pub. L. 95–384, § 29(a), Sept. 26, 1978, 92 Stat. 747.) Editorial Notes CODIFICATION Section was not enacted as part of the Foreign As- sistance Act of 1961 which comprises this chapter. AMENDMENTS 1978—Subsec. (d). Pub. L. 95–384 substituted ‘‘The an- nual presentation materials for security assistance pro- grams shall include a table’’ for ‘‘Additionally, the President shall also submit a quarterly report to the Congress’’. 1976—Subsec. (a). Pub. L. 94–329 struck out subsec. (a) which provided that the value of excess defense article