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22 U.S.C. § 2305 — National Security Assistance Strategy

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2305 — National Security Assistance Strategy

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,

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Source file: Laws/federal/codes/united-states-code-2024/title-22/section-2305-national-security-assistance-strategy--eb7c04dc49.md
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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).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of

Page 532 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151 Sec. 2394a. Extortion and illegal payments to offi- cials of foreign countries receiving international security assistance. 2394b. HELP Commission. 2394c. Information on covered United States foreign assistance programs. 2395. General authorities. 2395a. International agreements concerning debt relief; transmittal to congres- sional committees. 2396. Availability of funds. 2396a. Property Management Fund. 2396b. USAID Buying Power Maintenance Ac- count. 2397. Administrative expenses. 2398. Assistance to countries pursuant to other statutes. 2399 to 2399a. Repealed or Transferred. 2399b. False claims and ineligible commodities. 2399c. Coordination of policies and programs. 2399d. Shipping differential. PART III—MISCELLANEOUS PROVISIONS 2401. Effective date; identification of pro- grams. 2402. Saving provisions. 2403. Definitions. 2404. Unexpended balances. 2405. Separability. 2406. Development programs for dependable fuel supplies. 2407. Special authorization for use of foreign currencies. 2408. Repealed. 2409. Use of United States Armed Forces. 2410, 2410a. Repealed. 2411. Limitation upon exercise of special au- thorities. 2412. Limitation on foreign assistance appro- priations. 2413. Changes in allocation of foreign assist- ance. 2414. Presidential findings and determina- tions. 2414a. Annual report to Congress on voting practices at United Nations. 2415. Annual military assistance report. 2416. Annual foreign military training report. 2417 to 2419. Repealed. 2420. Police training prohibition. 2421. Trade and Development Agency. 2421a. Capital projects office within Agency for International Development. 2421b. Capital projects for

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2305 — National Security Assistance Strategy

**(a) Multiyear plan** Not later than 180 days after October 6, 2000, and annually thereafter at the time of submission 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 Defense 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 objective, as well as specific secondary objectives, for individual countries; (7) identify, on a country-by-country basis, how specific resources will be allocated to accomplish both primary and secondary objectives; (8) discuss how specific types of assistance, such as foreign military financing and international 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 paragraphs (1) through (8), how specific types of assistance provided pursuant to the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.] and the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2321j — Authority to transfer excess defense articles

**(a) Authorization** The President is authorized to transfer excess defense articles under this section to countries for which receipt of such articles was justified pursuant to the annual congressional presentation documents for military assistance programs, or for programs under part VIII of subchapter I of this chapter, submitted under [section 2394 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394&num=0&edition=prelim), or for which receipt of such articles was separately justified to the Congress, for the fiscal year in which the transfer is authorized. **(b) Limitations on transfers** (1) The President may transfer excess defense articles under this section only if— (A) such articles are drawn from existing stocks of the Department of Defense; (B) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer; (C) the transfer of such articles will not have an adverse impact on the military readiness of the United States; (D) with respect to a proposed transfer of such articles on a grant basis, such a transfer is preferable to a transfer on a sales basis, after taking into account the potential proceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis; (E) the President determines that the transfer of such articles will not have an adverse impact on the national technology and industrial base and, particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred; and (F) the

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2321j — Authority to transfer excess defense arti-

Page 797 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2321j 1 So in original. Probably should be ‘‘four-year period’’. Subsec. (c). Pub. L. 95–92 substituted provisions relat- ing to assignment of military personnel to nonspecified countries by President for performance of accounting and other management functions under international security assistance programs, for provisions limiting after Sept. 30, 1976, the number of military missions and groups to not more than 34. Subsec. (d). Pub. L. 95–92 substituted provisions set- ting forth maximum number of military personnel as- signable under subsecs. (b) and (c) of this section for fiscal year 1978 as 865, for provisions defining ‘‘military assistance advisory group, military mission, or other organization of United States military personnel per- forming similar military advisory functions under this chapter’’. Subsecs. (e) to (g). Pub. L. 95–92 added subsecs. (e) to (g). 1976—Subsec. (a). Pub. L. 94–329, § 104(1), designated existing provisions as subsec. (a) and substituted ‘‘Dur- ing the period beginning July 1, 1976, and ending Sep- tember 30, 1977’’ for ‘‘Effective July 1, 1976’’. Subsecs. (b) to (d). Pub. L. 94–329, § 104(2), added sub- secs. (b) to (d). 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities 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 T

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2347 — General authority

**(a)** The President is authorized to furnish, on such terms and conditions consistent with this chapter as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and related civilian personnel of foreign countries. Such civilian personnel shall include foreign governmental personnel of ministries other than ministries of defense, and may also include legislators and individuals who are not members of the government, if the military education and training would (i) contribute to responsible defense resource management, (ii) foster greater respect for and understanding of the principle of civilian control of the military, (iii) contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement efforts, or (iv) improve military justice systems and procedures in accordance with internationally recognized human rights. Such training and education may be provided through— (1) attendance at military educational and training facilities in the United States (other than Service academies) and abroad; (2) attendance in special courses of instruction at schools and institutions of learning or research in the United States and abroad; and (3) observation and orientation visits to military facilities and related activities in the United States and abroad. **(b)** The President shall seek reimbursement for military education and training furnished under this part from countries using assistance under [section 2763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim) (relating to the Foreign Military Financing Program) to purchase such military education and training at a rate comparable to the ra

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2347 — General authority

Page 811 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2347 trator of the United States Agency for International Development and the Secretary of State to ensure that all expenditures from the Joint Investment for Peace Initiative comply with this section. ‘‘(2) To the extent practicable, the Administrator of the United States Agency for International Develop- ment and the Chief Executive Officer of the United States International Development Finance Corpora- tion should coordinate and share information in ad- vance of providing resources through the People-to- People Partnership for Peace Fund and the Joint In- vestment for Peace Initiative. ‘‘(d) REPORT.— ‘‘(1) IN GENERAL.—Not later than 90 days after the end of the first fiscal year in which both the People- to-People Partnership for Peace Fund and the Joint Investment for Peace Initiative are in effect, and an- nually thereafter, the Administrator of the United States Agency for International Development and the Chief Executive Officer of the United States Inter- national Development Finance Corporation shall, in coordination with the Secretary of State, jointly sub- mit to the appropriate congressional committees a report in writing that describes— ‘‘(A)(i) lessons learned and best practices devel- oped from funding for projects under the People-to- People Partnership for Peace Fund during the prior fiscal year; and ‘‘(ii) the extent to which such projects have con- tributed to the purposes of the People-to-People Partnership for Peace Fund; ‘‘(B)(i) lessons learned and best practices devel- oped from investments provided under the Joint In- vestment for Peace Initiative during the prior fis- cal year; and ‘‘(ii) the extent to which such investments have contributed to the purposes of the Joint In

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense coopera-

Page 1185 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 Sec. 2762. Procurement for cash sales. 2763. Credit sales. 2764. Guaranties. 2765. Annual estimate and justification for sales program. 2766. Security assistance surveys. 2767. Authority of President to enter into co- operative projects with friendly for- eign countries. 2767a, 2768. Repealed. SUBCHAPTER II–A—FOREIGN MILITARY CONSTRUCTION SALES 2769. Foreign military construction sales. SUBCHAPTER II–B—SALES TO UNITED STATES COMPANIES FOR INCORPORATION INTO END ITEMS 2770. General authority. SUBCHAPTER II–C—EXCHANGE OF TRAINING AND RELATED SUPPORT 2770a. Exchange of training and related sup- port. SUBCHAPTER III—MILITARY EXPORT CONTROLS 2771. Military sales authorizations and ceil- ings. 2772. Repealed. 2773. Restraint in arms sales to Sub-Saharan Africa. 2774. Foreign military sales credit standards. 2775. Foreign military sales to less developed countries. 2776. Reports and certifications to Congress on military exports. 2776a. Repealed. 2777. Fiscal provisions relating to foreign military sales credits. 2778. Control of arms exports and imports. 2778a. Exportation of uranium depleted in the isotope 235. 2779. Fees of military sales agents. 2779a. Prohibition on incentive payments. 2780. Transactions with countries supporting acts of international terrorism. 2781. Transactions with countries not fully co- operating with United States antiterrorism efforts. SUBCHAPTER III–A—END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES 2785. End-use monitoring of defense articles and defense services. SUBCHAPTER IV—GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS 2791. General provisions. 2792. Administrative expenses. 2793. Othe

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2761 — Sales from stocks

**(a) Eligible countries or international organizations; basis of payment; valuation of certain defense articles** (1) The President may sell defense articles and defense services from the stocks of the Department of Defense and the Coast Guard to any eligible country or international organization if such country or international organization agrees to pay in United States dollars— (A) in the case of a defense article not intended to be replaced at the time such agreement is entered into, not less than the actual value thereof; (B) in the case of a defense article intended to be replaced at the time such agreement is entered into, the estimated cost of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or (C) in the case of the sale of a defense service, the full cost to the United States Government of furnishing such service, except that in the case of training sold to a purchaser who is concurrently receiving assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 [[22 U.S.C. 2347](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2347&num=0&edition=prelim) et seq.] or to any high-income foreign country (as described in that chapter), only those additional costs that are incurred by the United States Government in furnishing such assistance. (2) For purposes of subparagraph (A) of paragraph (1), the actual value of a naval vessel of 3,000 tons or less and 20 years or more of age shall be considered to be not less than the greater of the scrap value or fair value (including conversion costs) of such vessel, as determined by the Secretary of Defense. **(b) Time of payment** Except as provided by subsection (d) of this section, payment shall

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