22 U.S.C. § 2427 — Operating expenses

Page 943 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2427 in any foreign country, the race, religion, na- tional origin, or sex of any such officer or em- ployee. Such assignments shall be made solely on the basis of ability and relevant experience. (b) Prohibition on use of funds in country prac- ticing discrimination Effective six months after December 20, 1975, or on such earlier date as the President may de- termine, none of the funds made available under this chapter may be used to provide economic development assistance to any country which objects to the presence of any officer or em- ployee of the United States who is present in such country for the purpose of carrying out any program of economic development assistance authorized by the provisions of this chapter on the basis of the race, religion, national origin, or sex of such officer or employee. (c) Rules and regulations The Secretary of State shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of this section. (Pub. L. 87–195, pt. III, § 666, as added Pub. L. 94–161, title III, § 318, Dec. 20, 1975, 89 Stat. 868.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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. 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. § 2427. Operating expenses (a) Authorization of appropriations There are authorized to be appropriated to the President, in addition to funds otherwise avail- able for such purposes— (1) $387,000,000 for fiscal year 1986 and $387,000,000 for fiscal year 1987 for necessary operating expenses of the agency primarily re- sponsible for administering subchapter I of this chapter, of which $21,750,000 for the fiscal year 1987 is authorized for the necessary oper- ating expenses of the Office of the Inspector General of the Agency for International Devel- opment and the remaining amount for the fis- cal year is authorized for other necessary op- erating expenses of that agency; and (2) such amounts as may be necessary for in- creases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs of such agency. (b) Continuing availability of funds Amounts appropriated under this section are authorized to remain available until expended. (Pub. L. 87–195, pt. III, § 667, as added Pub. L. 94–161, title III, § 319, Dec. 20, 1975, 89 Stat. 868; amended Pub. L. 95–88, title I, § 129(a), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95–424, title V, § 506, Oct. 6, 1978, 92 Stat. 960; Pub. L. 96–53, title I, § 120, Aug. 14, 1979, 93 Stat. 365; Pub. L. 96–533, title VII, § 709, Dec. 16, 1980, 94 Stat. 3159; Pub. L. 97–113, title VII, § 706, Dec. 29, 1981, 95 Stat. 1545; Pub. L. 99–83, title IV, § 406, Aug. 8, 1985, 99 Stat. 219; Pub. L. 99–529, title IV, § 402, Oct. 24, 1986, 100 Stat. 3019.) Editorial Notes AMENDMENTS 1986—Subsec. (a)(1). Pub. L. 99–529 inserted ‘‘, of which $21,750,000 for the fiscal year 1987 is authorized for the necessary operating expenses of the Office of the Inspector General of the Agency for International De- velopment and the remaining amount for the fiscal year is authorized for other necessary operating ex- penses of that agency’’. 1985—Subsec. (a)(1). Pub. L. 99–83 amended par. (1) generally, substituting provisions authorizing appro- priations of $387,000,000 for fiscal years 1986 and 1987, for provisions authorizing appropriations of $335,600,000 for fiscal years 1982 and 1983. 1981—Subsec. (a). Pub. L. 97–113 struck out from pro- vision preceding par. (1) ‘‘, for the fiscal year 1981’’ after ‘‘for such purposes’’ and substituted in par. (1) ‘‘$335,600,000 for the fiscal year 1982 and $335,600,000 for the fiscal year 1983’’ for ‘‘$293,800,000’’. 1980—Subsec. (a). Pub. L. 96–533 substituted in provi- sions preceding par. (1) ‘‘1981’’ for ‘‘1980’’ and in par. (1) ‘‘$293,800,000’’ for ‘‘$263,000,000’’. 1979—Subsec. (a). Pub. L. 96–53 substituted in provi- sions preceding par. (1) ‘‘1980’’ for ‘‘1979’’ and in par. (1) ‘‘$263,000,000’’ for ‘‘$261,000,000’’. 1978—Subsec. (a). Pub. L. 95–424 substituted in provi- sions preceding par. (1) ‘‘1979’’ for ‘‘1978’’ and in par. (1) ‘‘$261,000,000’’ for ‘‘$220,200,000’’. 1977—Pub. L. 95–88 substituted provisions authorizing appropriations for fiscal year 1978 for provisions stating that nothing in this chapter was intended to preclude the Committees on Appropriations from setting a ceil- ing on operating expenses of the agency primarily re- sponsible for administering subchapter I of this chapter or limiting the availability of other sums therefor. Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude 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. 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. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 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. Page 944 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2428 56673, as amended, set out as a note under section 2381 of this title. § 2428. Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560 Section, Pub. L. 87–195, pt. III, § 668, as added Pub. L. 94–329, title IV, § 411, June 30, 1976, 90 Stat. 760, required annual reports respecting the Republic of Korea’s armed forces modernization and self-sufficiency pro- gram, the role of the United States in the security of the Republic of Korea, and prospects for a withdrawal of United States forces from the country. See section 2375 of this title. § 2428a. Congressional declaration of policy to- ward Korea; transmittal of report to Speaker of the House and Congressional committees (a) The Congress declares that— (1) United States policy toward Korea should continue to be arrived at by joint decision of the President and the Congress; (2) in any implementation of the President’s policy of gradual and phased reduction of United States ground forces from the Republic of Korea, the United States should seek to ac- complish such reduction in stages consistent with United States interests in Asia, notably Japan, and with the security interests of the Republic of Korea; (3) any implementation of this policy should be carried out with a careful regard to the in- terest of the United States in continuing its close relationship with the people and govern- ment of Japan, in fostering democratic prac- tices in the Republic of Korea, and in main- taining stable relations among the countries of East Asia; and (4) these interests can be served most effec- tively by a policy which involves consulta- tions by the United States Government, as ap- propriate, with the governments of the region, particularly those directly involved. (b)(1) Any implementation of the foregoing policy shall be carried out in regular consulta- tion with the Congress. (2) Repealed. Pub. L. 103–236, title I, § 139(5), Apr. 30, 1994, 108 Stat. 398. (Pub. L. 95–105, title V, § 512, Aug. 17, 1977, 91 Stat. 861; Pub. L. 103–236, title I, § 139(5), Apr. 30, 1994, 108 Stat. 398.) Editorial Notes CODIFICATION Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Year 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. AMENDMENTS 1994—Subsec. (b)(2). Pub. L. 103–236 struck out par. (2) which read as follows: ‘‘Not later than February 15, 1978, and not later than February 15 of each year there- after until any such withdrawal is completed, the President shall transmit a report in writing to the Speaker of the House of Representatives and the Com- mittees on Foreign Relations, Armed Services, and In- telligence of the Senate assessing the implementation of the foregoing policy.’’ § 2428b. Special security assistance for mod- ernization of Armed Forces of Korea (a) Transfer authority of President of defense ar- ticles and services located in Korea; applica- ble terms and conditions; reimbursement (1) The President is authorized until December 31, 1982— (A) to transfer, without reimbursement, to the Republic of Korea, only in conjunction with the withdrawal of the 2d Infantry Divi- sion and support forces from Korea, such United States Government-owned defense arti- cles as he may determine which are located in Korea in the custody of units of the United States Army scheduled to depart from Korea; and (B) to furnish to the Republic of Korea, with- out reimbursement, defense services (includ- ing technical and operational training) in Korea directly related to the United States Government-owned defense articles trans- ferred to the Republic of Korea under this sub- section. (2) Any transfer under the authority of this section shall be made in accordance with all the terms and conditions of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] applicable to the furnishing of defense articles and defense services under chapter 2 of part II of that Act [22 U.S.C. 2311 et seq.], except that no funds here- tofore or hereafter appropriated under that Act shall be available to reimburse any agency of the United States Government for any such transfer or related services. (b) Additional transfer authority of President of defense articles located outside of Korea; prerequisites for determinations respecting transfers; report by President to Congress of determinations In order that transfers of defense articles under subsection (a) will not cause significant adverse impact on the readiness of the Armed Forces of the United States, the President is au- thorized, in lieu of such transfers, to transfer ad- ditional defense articles from the stocks of the Department of Defense, wherever located, to the Republic of Korea to compensate for the mili- tary capability of defense articles withdrawn from Korea in any case where he determines that— (1) the transfer of specific defense articles lo- cated in Korea would have a significant ad- verse impact on the readiness of the United States Armed Forces; (2) the defense capability provided by those defense articles is needed by the Armed Forces of the Republic of Korea in order to maintain the military balance on the Korean peninsula; and (3) a comparable defense capability could be provided by less advanced defense articles in the stocks of the Department of Defense which could be transferred without significant ad- verse impact on the readiness of the United States Armed Forces. The President shall report to the Congress each determination made under this subsection prior to the transfer of the defense articles described in such determination.