22 U.S.C. § 2364 — Special 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 (c) Repealed.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 This chapter, referred to in subsec. (d), 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. AMENDMENTS 1981—Subsec. (c). Pub. L. 97–113 struck out subsec. (c) which provided for semi-annual reports on foreign cur- rencies acquired without payment of dollars by the United States. See section 2394(a)(8) of this title. 1976—Subsec. (c). Pub. L. 94–273 inserted provision re- lating to reports after Dec. 31, 1975. 1965—Subsec. (d). Pub. L. 89–171 added subsec. (d). 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. § 2364. Special authorities (a) Furnishing of assistance and arms export sales, credits, and guaranties upon deter- mination and notification of Congress of im- portance and vitality of such action to secu- rity interests and national security interests of United States; policy justification; fiscal year limitations; transfers between accounts (1) The President may authorize the fur- nishing of assistance under this chapter without regard to any provision of this chapter, the Arms Export Control Act [22 U.S.C. 2751 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 Com- mittee 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 Ex- port Control Act [22 U.S.C. 2751 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 appro- priating funds for use under the Arms Export Control Act, in furtherance of any of the pur- poses of such Act, when the President deter- mines, 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 se- curity 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 jus- tification 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 Appro- priations 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 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 for- eign 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 Page 844 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2365 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 allo- cated to any one country in any fiscal year. (5) The authority of this section may not be used to waive the limitations on transfers con- tained in section 2360(a) of this title. (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 avail- able under this chapter pursuant to his certifi- cation that it is inadvisable to specify the na- ture 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 rank- ing minority member of the Committee on For- eign Relations of the Senate of each use of funds under this subsection prior to the use of such funds. (Pub. L. 87–195, pt. III, § 614, Sept. 4, 1961, 75 Stat. 444; Pub. L. 89–583, pt. III, § 301(f), (g), Sept. 19, 1966, 80 Stat. 805; Pub. L. 90–137, pt. III, § 301(e), Nov. 14, 1967, 81 Stat. 459; Pub. L. 93–559, § 19(b), Dec. 30, 1974, 88 Stat. 1800; Pub. L. 96–533, title I, § 117(a), Dec. 16, 1980, 94 Stat. 3140; Pub. L. 99–83, title I, § 128, Aug. 8, 1985, 99 Stat. 206; Pub. L. 101–222, § 8, Dec. 12, 1989, 103 Stat. 1899; Pub. L. 103–199, title VII, § 705(2), Dec. 17, 1993, 107 Stat. 2328.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance 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 Arms Export Control Act, referred to in subsec. (a)(1), (2), (4)(A), (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 section 2751 of this title and Tables. AMENDMENTS 1993—Subsec. (a)(4)(C). Pub. L. 103–199 struck out ‘‘Communist or Communist-supported’’ after ‘‘victim of active’’. 1989—Subsec. (c). Pub. L. 101–222 amended second sen- tence generally. Prior to amendment, second sentence read as follows: ‘‘The President shall promptly and fully inform the Speaker of the House of Representa- tives and the chairman and ranking minority member of the Committee on Foreign Relations of the Senate of each use of funds under this subsection.’’ 1985—Subsec. (a)(4). Pub. L. 99–83 designated existing provisions as subpar. (A), added cl. (i) and designations ‘‘(ii)’’ and ‘‘(iii)’’, struck out fiscal year limitation for any one country, and added subpars. (B) and (C). 1980—Subsec. (a). Pub. L. 96–533, in revising subsec. (a), incorporated part of existing first sentence in pro- visions designated par. (1), inserted reference to Arms Export Control Act, struck out reference to Mutual De- fense Assistance Control Act of 1951, required notifica- tion of the Speaker of the House and chairman of the Senate Committee on Foreign Relations, and sub- stituted ‘‘security interests’’ for ‘‘security’’; inserted pars. (2) and (3); incorporated part of existing first sen- tence, second sentence, and substance of third sentence in provisions designated par. (4) and inserted reference to the Arms Export Control Act; and designated fourth sentence as par. (5) and substituted therein ‘‘may not’’ for ‘‘shall not’’. 1974—Subsec. (a). Pub. L. 93–559 provided that the au- thority of the section shall not be used to waive the limitations on transfers contained in section 2360(a) of this title. 1967—Subsec. (a). Pub. L. 90–137 substituted ‘‘506’’ for ‘‘510’’, classified to the Code as section 2318 of this title. 1966—Subsec. (a). Pub. L. 89–583, § 301(f), provided that the $50,000,000 limitation on allocation of funds to any country in any one fiscal year shall not apply to any country which is a victim of active Communist or Com- munist-supported aggression. Subsec. (c). Pub. L. 89–583, § 301(g), inserted provision for reports to Congress of use of funds under this sub- sec. Statutory Notes and Related Subsidiaries REFERENCES TO PART IV OF SUBCHAPTER I DEEMED REFERENCES TO PART IV OF SUBCHAPTER II Part IV of subchapter I (§ 2241 et seq.) of this chapter has been repealed. References to part IV of subchapter I, or any sections thereof, are deemed references to part IV of subchapter II (§ 2346 et seq.) of this chapter, or to appropriate sections thereof. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under sec- tion 2151–1 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. § 2365. Contract authority Provisions of this chapter authorizing the ap- propriation of funds shall be construed to au- thorize the granting in any appropriation Act of authority to enter into contracts, within the amounts so authorized to be appropriated, cre- ating obligations in advance of appropriations. (Pub. L. 87–195, pt. III, § 615, Sept. 4, 1961, 75 Stat. 444.) 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.