
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2312]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
              SUBCHAPTER II--MILITARY ASSISTANCE AND SALES
 
                      Part II--Military Assistance
 
Sec. 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 subsection 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 establish 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 Department of Defense.

(Pub. L. 87-195, pt. II, Sec. 504, Sept. 4, 1961, 75 Stat. 436; Pub. L. 
88-205, pt. II, Sec. 202(a), Dec. 16, 1963, 77 Stat. 384; Pub. L. 88-
633, pt. II, Sec. 201(b), Oct. 7, 1964, 78 Stat. 1011; Pub. L. 89-171, 
pt. II, Sec. 201(b), Sept. 6, 1965, 79 Stat. 656; Pub. L. 89-583, pt. 
II, Sec. 201(a), Sept. 19, 1966, 80 Stat. 802; Pub. L. 90-137, pt. II, 
Sec. 201(c), Nov. 14, 1967, 81 Stat. 455; Pub. L. 90-554, pt. II, 
Sec. 201(a), Oct. 8, 1968, 82 Stat. 962; Pub. L. 91-175, pt. II, 
Sec. 201, Dec. 30, 1969, 83 Stat. 819; Pub. L. 92-226, pt. II, 
Sec. 201(a), Feb. 7, 1972, 86 Stat. 25; Pub. L. 93-189, Sec. 12(b)(2), 
Dec. 17, 1973, 87 Stat. 721; Pub. L. 93-559, Sec. 10, Dec. 30, 1974, 88 
Stat. 1798; Pub. L. 94-329, title I, Sec. 101, June 30, 1976, 90 Stat. 
729; Pub. L. 95-23, Apr. 30, 1977, 91 Stat. 54; Pub. L. 95-92, 
Sec. 5(a), Aug. 4, 1977, 91 Stat. 614; Pub. L. 95-384, Sec. 7(a), Sept. 
26, 1978, 92 Stat. 732; Pub. L. 96-92, Sec. 5(a), Oct. 29, 1979, 93 
Stat. 702; Pub. L. 96-533, title I, Sec. 112(b), Dec. 16, 1980, 94 Stat. 
3139; Pub. L. 97-113, title I, Sec. 110(a), Dec. 29, 1981, 95 Stat. 
1526; Pub. L. 99-83, title I, Sec. 103, Aug. 8, 1985, 99 Stat. 195.)


                               Amendments

    1985--Subsec. (a)(1). Pub. L. 99-83 amended par. (1) generally, 
substituting provisions authorizing appropriations 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 President, 
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 appropriations 
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 appropriations 
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 
Philippines, 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 provisions 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 
Portugal, 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 purposes 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 provisions 
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 provisions authorizing appropriations for fiscal years 1976 and 1977 
to carry out the purposes of this part with specified amounts allocated 
to Greece, Indonesia, Jordan, 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.
    Subsec. (a)(2). Pub. L. 95-92 substituted provisions prohibiting 
assistance to countries other than the countries specified in par. (1) 
except with respect to costs incurred under section 2321j(b) of this 
title or as otherwise required by law, for provisions setting forth 
limitations on amounts available for fiscal years 1976 and 1977 to carry 
out the purposes of this part with respect to assistance to 
international organizations and countries not designated in former par. 
(1).
    Subsec. (a)(3). Pub. L. 95-92 substituted provisions relating to the 
authority of sections 2360(a) and 2364(a) of this title, for provisions 
setting forth limitations on the number of countries eligible for 
assistance under this part in fiscal years 1976 and 1977.
    Subsec. (a)(4). Pub. L. 95-92 substituted provisions authorizing 
availability until expended of amounts appropriated under this 
subsection, for provisions relating to the authority of sections 2360(a) 
and 2364(a) of this title to increase appropriated amounts and making 
inapplicable to emergency assistance under section 2314(a) of this title 
limitations on appropriated funds under this section.
    Subsec. (a)(5) to (8). Pub. L. 95-92 struck out pars. (5) to (8) 
which provided for appropriations for administrative and related 
expenses for fiscal years 1976 and 1977, restricted use of funds with 
respect to sophisticated weapons systems, authorized appropriated 
amounts to remain available until expended, and required assistance to 
Turkey under this part to be subject to section 2370(x) of this title, 
respectively.
    1976--Subsec. (a). Pub. L. 94-329 designated existing provisions as 
par. (1), substituted provisions authorizing appropriations for the 
purpose of this part of $196,700,000 for fiscal 1976 and $177,300,000 
for fiscal 1977, with limitations in expenditures for the specified 
countries, and authorizing an increase of not more than 10% of the 
specified amounts if the President finds it necessary for the purpose of 
this part, for provisions authorizing appropriations not to exceed 
$600,000,000 for fiscal 1975 with provisos limiting assistance under 
this part to thirty-one countries except for training in the United 
States, and prohibiting the furnishing of sophisticated weapons systems 
to underdeveloped countries unless the President determined that such 
systems were important to national security, and added pars. (2) to (8).
    1974--Subsec. (a). Pub. L. 93-559 substituted ``$600,000,000 for the 
fiscal year 1975'' for ``$512,500,000 for the fiscal year 1974'' and 
designated existing provision as item (1) and added item (2).
    1973--Subsec. (a). Pub. L. 93-189 substituted ``$512,500,000 for the 
fiscal year 1974'', for ``$500,000,000 for the fiscal year 1972'' and 
``thirty-one countries'' for ``forty countries''.
    1972--Subsec. (a). Pub. L. 92-226 substituted ``$500,000,000 for the 
fiscal year 1972'' for ``$350,000,000 for the fiscal year 1970, and 
$350,000,000 for the fiscal year 1971''.
    1969--Subsec. (a). Pub. L. 91-175 substituted ``$350,000,000 for the 
fiscal year 1970, and $350,000,000 for the fiscal year 1971'' for 
``$375,000,000 for the fiscal year 1969,'' and inserted provisions cost-
sharing expenses of United States participation in the military 
headquarters and related agencies program.
    1968--Subsec. (a). Pub. L. 90-554 substituted ``1969'' and 
``$375,000,000'' for ``1968'' and ``$510,000,000'', respectively, struck 
out provisions which made $24,100,000 of authorization available for 
fiscal year 1968, for cost-sharing expenses, and which prohibited other 
available funds from being used for cost-sharing expenses, and 
prohibited use of appropriated funds for weapons systems expenditures 
without Presidential determination of importance to national security 
and report to Congress, respectively.
    1967--Subsec. (a). Pub. L. 90-137 substituted provisions authorizing 
appropriation of $510,000,000 for fiscal year 1968 for provisions 
authorizing appropriation of $875,000,000 for fiscal year 1967 in 
addition to such amounts as may be otherwise authorized to support 
Vietnamese forces and other free world forces in Vietnam, made 
$24,100,000 of such authorization available for fiscal year 1968 for 
cost-sharing expenses, and prohibited other available funds from being 
used for such cost-sharing expenses.
    1966--Subsec. (a). Pub. L. 89-583 substituted provisions authorizing 
appropriation of $875,000,000 for fiscal year 1967 in addition to such 
amounts as may be otherwise authorized to support Vietnamese forces and 
other free world forces in Vietnam and limiting assistance to forty 
countries in any fiscal year for provisions authorizing appropriation of 
$1,170,000,000 for fiscal year 1966 and prescribing availability of 
minimum of $200,000,000 for use in Vietnam for fiscal year 1965 unless 
otherwise determined by the President and so reported to Committees on 
Foreign Relations and Appropriations of the Senate and to the Speaker of 
the House.
    1965--Pub. L. 89-171 substituted ``1966'' and ``$1,170,000,000'' for 
``1965'' and ``$1,055,000,000'', respectively.
    1964--Subsec. (a). Pub. L. 88-633 substituted ``1965'' and 
``$1,055,000,000'' for ``1964'' and ``$1,000,000,000'', respectively, 
and required not less than $200,000,000 to be available for fiscal year 
1965 for use in Vietnam unless the President determined and reported 
otherwise to Congressional committees.
    1963--Subsec. (a). Pub. L. 88-205 substituted ``fiscal year 1964'' 
and ``$1,000,000,000, which'', for ``the fiscal years 1962 and 1963'' 
and ``$1,700,000,000 for each such fiscal year, which sum'', 
respectively.


                    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 section 2151-1 of this title.

                         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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2321i, 2321j of this title.
