22 U.S.C. § 2411 — Limitation upon exercise of special au-

Page 929 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2411 CODIFICATION ‘‘Section 1306 of title 31’’ substituted in text for ‘‘sec- tion 1415 of the Supplemental Appropriation Act, 1953, [31 U.S.C. 724]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. 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. § 2408. Repealed. Pub. L. 95–424, title VI, § 604, Oct. 6, 1978, 92 Stat. 961 Section, Pub. L. 87–195, pt. III, § 649, as added Pub. L. 89–171, pt. III, § 303(d), Sept. 6, 1965, 79 Stat. 661, related to aggregate of total amounts authorized to be appro- priated under this chapter. 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. § 2409. Use of United States Armed Forces The furnishing of economic, military, or other assistance under this chapter shall not be con- strued as creating a new commitment or as af- fecting any existing commitment to use Armed Forces of the United States for the defense of any foreign country. (Pub. L. 87–195, pt. III, § 650, as added Pub. L. 90–137, pt. III, § 303(b), Nov. 14, 1967, 81 Stat. 462.) 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. § 2410. Repealed. Pub. L. 95–424, title VI, § 604, Oct. 6, 1978, 92 Stat. 961 Section, Pub. L. 87–195, pt. III, § 651, as added Pub. L. 90–554, pt. III, § 303, Oct. 8, 1968, 82 Stat. 966, related to sale of supersonic planes to Israel. 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. § 2410a. Repealed. Pub. L. 97–113, title VII, § 734(a)(15), Dec. 29, 1981, 95 Stat. 1560 Section, Pub. L. 91–672, § 7, Jan. 12, 1971, 84 Stat. 2054, restricted sale, grant, loan, or transfer of International Fighter aircraft to any foreign country, or agency thereof, other than South Vietnam. § 2411. Limitation upon exercise of special au- thorities The President shall not exercise any special authority granted to him under section 2318(a), 2348a(c)(2), or 2360(a) of this title unless the President, before he intends to exercise any such authority, notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of each such intended exercise, the section of this chapter under which such authority is to be exercised, and the justification for, and the extent of, the exercise of such authority. (Pub. L. 87–195, pt. III, § 652, as added Pub. L. 91–652, § 8, Jan. 5, 1971, 84 Stat. 1943; amended Pub. L. 92–226, pt. III, § 304(a)(1), Feb. 7, 1972, 86 Stat. 28; Pub. L. 96–533, title I, § 117(b), Dec. 16, 1980, 94 Stat. 3141; Pub. L. 99–83, title I, § 105(b)(2), Aug. 8, 1985, 99 Stat. 196; Pub. L. 104–164, title I, § 103(c), July 21, 1996, 110 Stat. 1424.) 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. AMENDMENTS 1996—Pub. L. 104–164 substituted ‘‘before he intends’’ for ‘‘prior to the date he intends’’. 1985—Pub. L. 99–83 inserted reference to section 2348a(c)(2) of this title. 1980—Pub. L. 96–533 struck out reference to section 2364(a) of this title. 1972—Pub. L. 92–226 struck out provision which lim- ited exercise of special authority for purpose of pro- viding additional assistance to Cambodia and which re- quired thirty days notice to congressional committee (ten days in emergencies requiring immediate assist- ance) of intention to exercise such authority. Statutory Notes and Related Subsidiaries 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. FUNDS NOT TO BE USED TO FINANCE INTRODUCTION OF UNITED STATES GROUND COMBAT TROOPS INTO CAM- BODIA OR PROVIDE ADVISERS FOR SECURITY OR INTEL- LIGENCE FORCES IN CAMBODIA; ASSISTANCE TO CAM- BODIA NOT TO BE CONSTRUED AS COMMITMENT BY UNITED STATES TO CAMBODIA FOR ITS DEFENSE Pub. L. 91–652, § 7, Jan. 5, 1971, 84 Stat. 1943, as amend- ed by Pub. L. 92–226, pt. IV, § 408, Feb. 7, 1972, 86 Stat. 35, provided that: ‘‘(a) In line with the expressed intention of the Presi- dent of the United States, none of the funds authorized or appropriated pursuant to this or any other Act may be used to finance the introduction of United States ground combat troops into Cambodia, or to provide United States advisers to or for military, paramilitary, police, or other security or intelligence forces in Cam- bodia. ‘‘(b) Military and economic assistance provided by the United States to Cambodia and authorized or ap- propriated pursuant to this or any other Act shall not be construed as a commitment by the United States to Cambodia for its defense.’’ 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. Page 930 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2412 56673, as amended, set out as a note under section 2381 of this title. § 2412. Limitation on foreign assistance appro- priations (a) Restrictions on appropriations in absence of or in excess of prior authorizations Notwithstanding any provision of law enacted before January 12, 1971, no money appropriated for foreign assistance (including foreign mili- tary sales) shall be available for obligation or expenditure— (1) unless the appropriation thereof has been previously authorized by law; or (2) in excess of an amount previously pre- scribed by law. (b) Exception To the extent that legislation enacted after the making of an appropriation for foreign as- sistance (including foreign military sales) au- thorizes the obligation or expenditure thereof, the limitation contained in subsection (a) shall have no effect. (c) Specific repeal or modification of section The provisions of this section shall not be su- perseded except by a provision of law enacted after January 12, 1971, which specifically repeals or modifies the provisions of this section. (Pub. L. 91–672, § 10, Jan. 12, 1971, 84 Stat. 2055.) Editorial Notes CODIFICATION Section was not enacted as part of Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance Act of 1961, which comprises this chapter. § 2413. Changes in allocation of foreign assist- ance (a) Notification by President to foreign country Not later than thirty days after the enactment of any law appropriating funds to carry out any provision of this chapter (other than section 2261 or 2397 of this title) or the Arms Export Control Act [22 U.S.C. 2751 et seq.], the President shall notify the Congress of each foreign country and international organization to which the United States Government intends to provide any por- tion of the funds under such law and of the amount of funds under that law, by category of assistance, that the United States Government intends to provide to each. (b) Application of provisions to continuing ap- propriations; waiver of provisions The provisions of this section shall not apply in the case of any law making continuing appro- priations and may not be waived under the pro- visions of section 2364(a) of this title. (Pub. L. 87–195, pt. III, § 653, as added Pub. L. 92–226, pt. III, § 304(b), Feb. 7, 1972, 86 Stat. 28; amended Pub. L. 93–559, § 21, Dec. 30, 1974, 88 Stat. 1801; Pub. L. 95–384, §§ 10(b)(3), 12(c)(2), Sept. 26, 1978, 92 Stat. 735, 737; Pub. L. 99–83, title XII, § 1209(b), Aug. 8, 1985, 99 Stat. 279.) 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 Arms Export Control Act, referred to in subsec. (a), 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 1985—Subsec. (a). Pub. L. 99–83, § 1209(b)(1), inserted reference to the Arms Export Control Act. Subsecs. (b), (c). Pub. L. 99–83, § 1209(b)(2), (3), redesig- nated subsec. (c) as (b). Former subsec. (b), relating to report to Congress prior to grant of assistance with ex- cess funds, was struck out. 1978—Subsec. (b). Pub. L. 95–384 substituted in provi- sions preceding par. (1) in two places and in par. (2) ‘‘as- sistance under part IV of subchapter II of this chapter’’ for ‘‘security supporting assistance’’ and in provisions preceding par. (1) in two places ‘‘part VI of subchapter II’’ for ‘‘subchapter IV’’ and inserted in par. (2) ‘‘or as- sistance under part VI of subchapter II of this chapter’’ before ‘‘, the President includes’’. 1974—Subsec. (a). Pub. L. 93–559, § 21(1), struck out provisions limiting the military grant assistance or se- curity supporting assistance to any foreign country or international organization to an amount not more than 10 percent of funds authorized under any law unless the President determines that it would be in the security interests of the United States to provide excess funds and reports to Congress the identity of the recipient, the amount of excess funds provided, and the justifica- tion for additional assistance. See subsec. (b) of this section. Subsecs. (b), (c). Pub. L. 93–559, § 21(2), added subsec. (b) and redesignated former subsec. (b) as (c). Statutory Notes and Related Subsidiaries 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. § 2414. Presidential findings and determinations (a) Report to Congress In any case in which the President is required to make a report to the Congress, or to any com- mittee or officer of either House of Congress, concerning any finding or determination under any provision of this chapter, the Foreign Mili- tary Sales Act [22 U.S.C. 2751 et seq.], or the Foreign Assistance and Related Programs Ap- propriation Act for each fiscal year, that finding or determination shall be reduced to writing and signed by the President. (b) Action prohibition prior to execution of re- port No action shall be taken pursuant to any such finding or determination prior to the date on which that finding or determination has been re- duced to writing and signed by the President. (c) Publication in Federal Register Each such finding or determination shall be published in the Federal Register as soon as