22 U.S.C. § 2311 — General authority

Page 780 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2305 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. 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. § 2305. National Security Assistance Strategy (a) Multiyear plan Not later than 180 days after October 6, 2000, and annually thereafter at the time of submis- sion of the congressional presentation materials of the foreign operations appropriations budget request, the Secretary of State should submit to the appropriate committees of Congress a plan setting forth a National Security Assistance Strategy for the United States. (b) Elements of the Strategy The National Security Assistance Strategy should— (1) set forth a multi-year plan for security assistance programs; (2) be consistent with the National Security Strategy of the United States; (3) be coordinated with the Secretary of De- fense and the Chairman of the Joint Chiefs of Staff; (4) be prepared, in consultation with other agencies, as appropriate; (5) identify overarching security assistance objectives, including identification of the role that specific security assistance programs will play in achieving such objectives; (6) identify a primary security assistance ob- jective, as well as specific secondary objec- tives, for individual countries; (7) identify, on a country-by-country basis, how specific resources will be allocated to ac- complish both primary and secondary objec- tives; (8) discuss how specific types of assistance, such as foreign military financing and inter- national military education and training, will be combined at the country level to achieve United States objectives; and (9) detail, with respect to each of the para- graphs (1) through (8), how specific types of as- sistance provided pursuant to the Arms Export Control Act [22 U.S.C. 2751 et seq.] and the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] are coordinated with United States as- sistance programs managed by the Depart- ment of Defense and other agencies. (c) Covered assistance The National Security Assistance Strategy should cover assistance provided under— (1) section 23 of the Arms Export Control Act (22 U.S.C. 2763); (2) chapter 5 of part II of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2347 et seq.); and (3) section 516 of the Foreign Assistance Act of 1961 [22 U.S.C. 2321j]. (Pub. L. 106–280, title V, § 501, Oct. 6, 2000, 114 Stat. 854.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in subsec. (b)(9), 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. The Foreign Assistance Act of 1961, referred to in sub- secs. (b)(9) and (c)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to this chapter. Chapter 5 of part II of the Act is classified generally to part V (§ 2347 et seq.) of subchapter II of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. CODIFICATION Section was enacted as part of the Security Assist- ance Act of 2000, and not as part of the Foreign Assist- ance Act of 1961 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION Pub. L. 106–280, § 2, Oct. 6, 2000, 114 Stat. 846, provided that: ‘‘In this Act [see Short Title of 2000 Amendments note set out under section 2151 of this title], the term ‘appropriate committees of Congress’ means the Com- mittee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.’’ PART II—MILITARY ASSISTANCE § 2311. General authority (a) Defense articles and services; noncombatant personnel; transfer of funds The President is authorized to furnish mili- tary assistance, on such terms and conditions as he may determine, to any friendly country or international organization, the assisting of which the President finds will strengthen the se- curity of the United States and promote world peace and which is otherwise eligible to receive such assistance, by— (1) acquiring for any source and providing (by loan or grant) any defense article or de- fense service; (2) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to per- form duties of a noncombatant nature; or (3) transferring such of the funds appro- priated or otherwise made available under this part as the President may determine for as- sistance to a recipient country, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms Export Control Act [22 U.S.C. 2761 and 2762] have been deposited for such recipient, to be merged with such de- posited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act [22 U.S.C. 2751 et seq.]. Sales which are wholly paid from funds trans- ferred under paragraph (3) or from funds made available on a non-repayable basis under section 23 of the Arms Export Control Act [22 U.S.C. 2763] shall be priced to exclude the costs of sala- ries of members of the Armed Forces of the United States (other than the Coast Guard). Page 781 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2311 (b) Terms and conditions In addition to such other terms and conditions as the President may determine pursuant to subsection (a), defense articles may be loaned thereunder only if— (1) there is a bona fide reason, other than the shortage of funds, for providing such articles on a loan basis rather than on a grant basis; (2) there is a reasonable expectation that such articles will be returned to the agency making the loan at the end of the loan period, unless the loan is then renewed; (3) the loan period is of fixed duration not exceeding five years, during which such article may be recalled for any reason by the United States; (4) the agency making the loan is reim- bursed for the loan based on the amount charged to the appropriation for military as- sistance under subsection (c); and (5) the loan agreement provides that (A) if the defense article is damaged while on loan, the country or international organization to which it was loaned will reimburse the United States for the cost of restoring or replacing the defense article, and (B) if the defense arti- cle is lost or destroyed while on loan, the country or international organization to which it was loaned will pay to the United States an amount equal to the replacement cost (less any depreciation in the value) of the defense article. (c) Appropriation charges; exceptions (1) In the case of any loan of a defense article or defense service made under this section, there shall be a charge to the appropriation for mili- tary assistance for any fiscal year while the ar- ticle or service is on loan in an amount based on— (A) the out-of-pocket expenses authorized to be incurred in connection with such loan dur- ing such fiscal year; and (B) the depreciation which occurs during such year while such article is on loan. (2) The provisions of this subsection shall not apply— (A) to any particular defense article or de- fense service which the United States Govern- ment agreed, prior to December 17, 1973, to lend; and (B) to any defense article or defense service, or portion thereof, acquired with funds appro- priated for military assistance under this chapter. (Pub. L. 87–195, pt. II, § 503, Sept. 4, 1961, 75 Stat. 435; Pub. L. 88–633, § 201(a), Oct. 7, 1964, 78 Stat. 1011; Pub. L. 89–171, pt. II, § 201(a), Sept. 6, 1965, 79 Stat. 656; Pub. L. 90–137, pt. II, § 201(b), Nov. 14, 1967, 81 Stat. 455; Pub. L. 93–189, § 12(b)(1), Dec. 17, 1973, 87 Stat. 720; Pub. L. 96–533, title I, § 112(a), Dec. 16, 1980, 94 Stat. 3138; Pub. L. 97–113, title I, §§ 109(c), 110(c), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 99–83, title I, § 123(a), Aug. 8, 1985, 99 Stat. 205; Pub. L. 100–461, title V, § 586(a), Oct. 1, 1988, 102 Stat. 2268–50.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in subsec. (a)(3), 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. This chapter, referred to in subsec. (c)(2)(B), 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. CODIFICATION A guaranty provision, formerly subsec. (e) of this sec- tion, was renumbered section 525(a) of Pub. L. 87–195 by Pub. L. 90–137, pt. II, § 201(b)(3), Nov. 14, 1967, 81 Stat. 455, and classified to section 2345(a) of this title and re- pealed by Pub. L. 90–629, ch. 4, § 45(a), Oct. 22, 1968, 82 Stat. 1327. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–461 inserted in last sen- tence ‘‘or from funds made available on a non-repay- able basis under section 23 of the Arms Export Control Act’’ after ‘‘under paragraph (3)’’ and ‘‘(other than the Coast Guard)’’ after ‘‘Armed Forces of the United States’’. 1985—Subsec. (a). Pub. L. 99–83 inserted sentence re- lating to pricing of sales wholly paid from transferred funds. 1981—Subsec. (a)(3). Pub. L. 97–113, § 110(c), sub- stituted ‘‘country’’ for ‘‘specified in section 2312(a)(1) of this title, within the dollar limitations of that sec- tion’’. Subsec. (b)(5). Pub. L. 97–113 substituted provision re- specting payment of restoration or replacement costs for defense articles on loan for provision for making such a loan only if arrangements were made with the agency making the loan for reimbursement in the event the article was lost or destroyed while on loan, the reimbursement of which was to be made first out of any funds available to carry out this part and based on the depreciated value of the article at the time of loss or destruction. 1980—Subsec. (a)(3). Pub. L. 96–533 added par. (3). 1973—Pub. L. 93–189 designated existing provisions as subsec. (a), struck out references to making financial contributions to multilateral programs for the acquisi- tion or construction of facilities for collective defense and providing financial assistance for expenses incident to participation by the United States government in re- gional or collective defense organizations, and added subsecs. (b) and (c). 1967—Subsec. (a). Pub. L. 90–137, § 201(b)(1), sub- stituted ‘‘or grant’’ for ‘‘, lease, sale, exchange, grant, or any other means’’. Subsec. (d). Pub. L. 90–137, § 201(b)(2), substituted a pe- riod for ‘‘; and’’. Subsec. (e). Pub. L. 90–137, § 201(b)(3), struck out sub- sec. (e) which related to the guaranty and insuring against political and credit risks in connection with credit sales for defense articles and services procured in the United States. See Codification note above. 1965—Subsec. (b). Pub. L. 89–171 struck out ‘‘in foreign countries’’ after ‘‘facilities’’. 1964—Subsec. (e). Pub. L. 88–633 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–461, title V, § 586(c), Oct. 1, 1988, 102 Stat. 2268–50, provided that: ‘‘This section [amending this section] shall be effective on October 1, 1989.’’ 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities Page 782 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2312 and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. REPORTS TO CONGRESSIONAL COMMITTEES Pub. L. 100–461, title III, Oct. 1, 1988, 102 Stat. 2268–17 provided in part: ‘‘That the Committees on Appropria- tions shall be furnished on March 1 of each year a com- plete report of the status of military assistance funds appropriated by this or any future Act committed for the payment of any sales under the Arms Export Con- trol Act [22 U.S.C. 2751 et seq.] as regards the individual sale, item description, and estimated sales price.’’ REVIEW OF MILITARY ASSISTANCE PROGRAM; REDUCTION AND ELIMINATION PLAN; SUBMITTAL TO CONGRESS Pub. L. 93–559, § 17, Dec. 30, 1974, 88 Stat. 1800, which set forth provisions respecting review of military as- sistance program and submittal to Congress of plan for reduction and elimination, was repealed by Pub. L. 95–384, § 29(c)(4), Sept. 26, 1978, 92 Stat. 747. 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. FINDINGS BY SECRETARY OF STATE The Secretary of State, in the implementation of the functions delegated to him under section 2314(a)(1), (4), and (e) of this title, was authorized by section 1–701(e)(1) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56678, eff. Oct. 1, 1979, set out as a note under section 2381 of this title, to find, in the case of a proposed transfer of a defense article or a related training or a related defense service by a foreign country or inter- national organization to a foreign country or inter- national organization not otherwise eligible under sub- sec. (a) of this section, whether the proposed transfer would strengthen the security of the United States and promote world peace. § 2312. Authorization of appropriations (a) Authorization and availability of amounts (1) There are authorized to be appropriated to the President to carry out the purposes of this part $805,100,000 for fiscal year 1986 and $805,100,000 for fiscal year 1987. (2) Amounts appropriated under this sub- section are authorized to remain available until expended. (b) Programing and budgeting procedures In order to make sure that a dollar spent on military assistance to foreign countries is as necessary as a dollar spent for the United States military establishment, the President shall es- tablish procedures for programing and budgeting so that programs of military assistance come into direct competition for financial support with other activities and programs of the De- partment of Defense. (Pub. L. 87–195, pt. II, § 504, Sept. 4, 1961, 75 Stat. 436; Pub. L. 88–205, pt. II, § 202(a), Dec. 16, 1963, 77 Stat. 384; Pub. L. 88–633, pt. II, § 201(b), Oct. 7, 1964, 78 Stat. 1011; Pub. L. 89–171, pt. II, § 201(b), Sept. 6, 1965, 79 Stat. 656; Pub. L. 89–583, pt. II, § 201(a), Sept. 19, 1966, 80 Stat. 802; Pub. L. 90–137, pt. II, § 201(c), Nov. 14, 1967, 81 Stat. 455; Pub. L. 90–554, pt. II, § 201(a), Oct. 8, 1968, 82 Stat. 962; Pub. L. 91–175, pt. II, § 201, Dec. 30, 1969, 83 Stat. 819; Pub. L. 92–226, pt. II, § 201(a), Feb. 7, 1972, 86 Stat. 25; Pub. L. 93–189, § 12(b)(2), Dec. 17, 1973, 87 Stat. 721; Pub. L. 93–559, § 10, Dec. 30, 1974, 88 Stat. 1798; Pub. L. 94–329, title I, § 101, June 30, 1976, 90 Stat. 729; Pub. L. 95–23, Apr. 30, 1977, 91 Stat. 54; Pub. L. 95–92, § 5(a), Aug. 4, 1977, 91 Stat. 614; Pub. L. 95–384, § 7(a), Sept. 26, 1978, 92 Stat. 732; Pub. L. 96–92, § 5(a), Oct. 29, 1979, 93 Stat. 702; Pub. L. 96–533, title I, § 112(b), Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97–113, title I, § 110(a), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 99–83, title I, § 103, Aug. 8, 1985, 99 Stat. 195.) Editorial Notes AMENDMENTS 1985—Subsec. (a)(1). Pub. L. 99–83 amended par. (1) generally, substituting provisions authorizing appro- priations of $805,100,000 for fiscal years 1986 and 1987, for provisions authorizing appropriations of not to exceed $238,500,000 for fiscal years 1982 and 1983. 1981—Subsec. (a). Pub. L. 97–113 in par. (1) substituted appropriations of $238,500,000 for fiscal years 1982 and 1983 for appropriation of $106,100,000 for fiscal year 1981 and struck out provision limiting assistance in listed amounts to Portugal ($51,000,000), Spain ($3,600,000), Philippines ($25,000,000), and Sudan ($1,700,000) for fiscal year 1981 and authorization of a 10-percent increase in any such amount when deemed necessary by the Presi- dent, redesignated former par. (4) as (2), struck out former pars. (2), which limited assistance to those countries listed in par. (1), and par. (3), which provided that the authority contained in sections 2360(a) and 2364(a) of this title not be used to increase the amounts specified in par. (1) or the limitations in par. (2). 1980—Subsec. (a)(1). Pub. L. 96–533 substituted appro- priations authorization of $106,100,000 for fiscal year 1981 with allocations of specified amounts for certain countries for fiscal year 1981 for such authorization of $110,200,000 for fiscal year 1980 with similar allocations for fiscal year 1980, included an allocation for The Sudan and deleted Jordan from the list. 1979—Subsec. (a)(1). Pub. L. 96–92 substituted appro- priations authorization of $110,200,000 for fiscal year 1980 for prior authorization of $133,500,000 for fiscal year 1979, made the allocations available in specified amounts to Portugal, Spain, Jordan and the Phil- ippines, struck out from the listing Greece, and struck out ‘‘for the fiscal year 1979’’ after ‘‘any such country’’ in provision limiting the percentage increment in an allotment to such fiscal year. 1978—Subsec. (a). Pub. L. 95–384 substituted provi- sions authorizing appropriations of $133,500,000 to the President for fiscal year 1979 to carry out the purposes of this part with specified amounts allocated to Por- tugal, Spain, Jordan, the Philippines, and Greece for provisions authorizing appropriations of $228,900,000 to the President for fiscal year 1978 to carry out the pur- poses of this part with specified amounts allocated to Greece, Portugal, Spain, Turkey, Jordan, Indonesia, the Philippines, and Thailand. 1977—Subsec. (a)(1). Pub. L. 95–92 substituted provi- sions authorizing appropriations for fiscal year 1978 to carry out the purposes of this part with specified amounts allocated to Greece, Portugal, Spain, Turkey, Jordan, Indonesia, Philippines, and Thailand, for provi- sions authorizing appropriations for fiscal years 1976 and 1977 to carry out the purposes of this part with specified amounts allocated to Greece, Indonesia, Jor- dan, Republic of Korea, Philippines, Thailand, Turkey, Ethiopia, and Portugal. Pub. L. 95–23 substituted ‘‘$179,550,000’’ for ‘‘$177,300,000’’ and added Portugal, with a fiscal year 1977 limit of $32,250,000, to the table of countries.