
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2318]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
              SUBCHAPTER II--MILITARY ASSISTANCE AND SALES
 
                      Part II--Military Assistance
 
Sec. 2318. Special authority


(a) Unforeseen emergency; national interest; determinations and reports 
        to Congress; limitation of defense articles, defense services, 
        and military education and training furnished

    (1) If the President determines and reports to the Congress in 
accordance with section 2411 of this title that--
        (A) an unforeseen emergency exists which requires immediate 
    military assistance to a foreign country or international 
    organization; and
        (B) the emergency requirement cannot be met under the authority 
    of the Arms Export Control Act [22 U.S.C. 2751 et seq.] or any other 
    law except this section;

he may direct, for the purposes of subchapter II of this chapter, the 
drawdown of defense articles from the stocks of the Department of 
Defense, defense services of the Department of Defense, and military 
education and training, of an aggregate value of not to exceed 
$100,000,000 in any fiscal year.
    (2)(A) If the President determines and reports to the Congress in 
accordance with section 2411 of this title that it is in the national 
interest of the United States to draw down articles and services from 
the inventory and resources of any agency of the United States 
Government and military education and training from the Department of 
Defense, the President may direct the drawdown of such articles, 
services, and military education and training--
        (i) for the purposes and under the authorities of--
            (I) part VIII of subchapter I of this chapter (relating to 
        international narcotics control assistance);
            (II) part IX of subchapter I of this chapter (relating to 
        international disaster assistance);
            (III) part VIII of subchapter II of this chapter (relating 
        to antiterrorism assistance);
            (IV) part IX of subchapter II of this chapter (relating to 
        nonproliferation assistance); or
            (V) the Migration and Refugee Assistance Act of 1962 [22 
        U.S.C. 2601 et seq.]; or

        (ii) for the purpose of providing such articles, services, and 
    military education and training to Vietnam, Cambodia, and Laos as 
    the President determines are necessary--
            (I) to support cooperative efforts to locate and repatriate 
        members of the United States Armed Forces and civilians employed 
        directly or indirectly by the United States Government who 
        remain unaccounted for from the Vietnam War; and
            (II) to ensure the safety of United States Government 
        personnel engaged in such cooperative efforts and to support 
        Department of Defense-sponsored humanitarian projects associated 
        with such efforts.

    (B) An aggregate value of not to exceed $200,000,000 in any fiscal 
year of such articles, services, and military education and training may 
be provided pursuant to subparagraph (A) of this paragraph--
        (i) not more than $75,000,000 of which may be provided from the 
    drawdown from the inventory and resources of the Department of 
    Defense;
        (ii) not more than $75,000,000 of which may be provided pursuant 
    to clause (i)(I) of such subparagraph; and
        (iii) not more than $15,000,000 of which may be provided to 
    Vietnam, Cambodia, and Laos pursuant to clause (ii) of such 
    subparagraph.

(b) Notification and information to Congress of assistance furnished

    (1) The authority contained in this section shall be effective for 
any such emergency only upon prior notification to the Committee on 
Foreign Affairs of the House of Representatives, the Committee on 
Foreign Relations of the Senate, and the Committee on Appropriations of 
each House of Congress. In the case of drawdowns authorized by 
subclauses (I) and (III) of subsection (a)(2)(A)(i) of this section, 
notifications shall be provided to those committees at least 15 days in 
advance of the drawdowns in accordance with the procedures applicable to 
reprogramming notifications under section 2394-1 of this title.
    (2) The President shall keep the Congress fully and currently 
informed of all defense articles, defense services, and military 
education and training provided under this section, including providing 
the Congress with a report detailing all defense articles, defense 
services, and military education and training delivered to the recipient 
country or international organization upon delivery of such articles or 
upon completion of such services or education and training. Such report 
shall also include whether any savings were realized by utilizing 
commercial transport services rather than acquiring those services from 
United States Government transport assets.

(c) Commercial transportation and related services

    For the purposes of any provision of law that authorizes the 
drawdown of defense or other articles or commodities, or defense or 
other services from an agency of the United States Government, such 
drawdown may include the supply of commercial transportation and related 
services that are acquired by contract for the purposes of the drawdown 
in question if the cost to acquire such commercial transportation and 
related services is less than the cost to the United States Government 
of providing such services from existing agency assets.

(d) Authorization of appropriations for reimbursement of applicable 
        funds

    There are authorized to be appropriated to the President such sums 
as may be necessary to reimburse the applicable appropriation, fund, or 
account for defense articles, defense services, and military education 
and training provided under this section.

(Pub. L. 87-195, pt. II, Sec. 506, formerly Sec. 510, Sept. 4, 1961, 75 
Stat. 437; Pub. L. 87-565, pt. II, Sec. 201(d), Aug. 1, 1962, 76 Stat. 
260; Pub. L. 88-205, pt. II, Sec. 202(c), Dec. 16, 1963, 77 Stat. 384; 
Pub. L. 88-633, pt. II, Sec. 201(e), Oct. 7, 1964, 78 Stat. 1012; Pub. 
L. 89-171, pt. II, Sec. 201(g), Sept. 6, 1965, 79 Stat. 658; Pub. L. 89-
583, pt. II, Sec. 201(d), Sept. 19, 1966, 80 Stat. 803; renumbered 
Sec. 506 and amended Pub. L. 90-137, pt. II, Sec. 201(j), Nov. 14, 1967, 
81 Stat. 457; Pub. L. 90-554, pt. II, Sec. 201(b), Oct. 8, 1968, 82 
Stat. 962; Pub. L. 91-175, pt. II, Sec. 202, Dec. 30, 1969, 83 Stat. 
820; Pub. L. 92-226, pt. II, Sec. 201(d), pt. III, Sec. 304(a)(2), Feb. 
7, 1972, 86 Stat. 25, 28; Pub. L. 93-189, Sec. 12(b)(4), Dec. 17, 1973, 
87 Stat. 721; Pub. L. 93-559, Sec. 11, Dec. 30, 1974, 88 Stat. 1798; 
Pub. L. 94-329, title I, Sec. 102, June 30, 1976, 90 Stat. 730; Pub. L. 
96-92, Sec. 5(b), Oct. 29, 1979, 93 Stat. 702; Pub. L. 96-533, title I, 
Sec. 112(c), Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97-113, title I, 
Sec. 110(b), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 101-167, title V, 
Sec. 551(b), Nov. 21, 1989, 103 Stat. 1236; Pub. L. 104-164, title I, 
Sec. 103(a), (b), July 21, 1996, 110 Stat. 1423; Pub. L. 105-118, title 
V, Sec. 576, Nov. 26, 1997, 111 Stat. 2433; Pub. L. 106-280, title I, 
Sec. 121, Oct. 6, 2000, 114 Stat. 850.)

                       References in Text

    The Arms Export Control Act, referred to in subsec. (a)(1)(B), is 
Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is 
classified principally to chapter 39 (Sec. 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 Migration and Refugee Assistance Act of 1962, referred to in 
subsec. (a)(2)(A)(i)(V), is Pub. L. 87-510, June 28, 1962, 76 Stat. 121, 
as amended, which is classified principally to chapter 36 (Sec. 2601 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 2601 of this title and 
Tables.


     References to Subchapter II Deemed To Exclude Certain Parts of 
                              Subchapter II

    References to subchapter II of this chapter are deemed to exclude 
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 2349aa et seq.) of subchapter II, and references to subchapter I 
of this chapter are deemed to include 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.


                               Amendments

    2000--Subsec. (a)(2)(A)(i)(III) to (V). Pub. L. 106-280, 
Sec. 121(b), added subcls. (III) to (V) and struck out former subcl. 
(III) which read as follows: ``the Migration and Refugee Assistance Act 
of 1962; or''.
    Subsec. (a)(2)(B). Pub. L. 106-280, Sec. 121(a), substituted 
``$200,000,000'' for ``$150,000,000'' in introductory provisions.
    1997--Subsec. (b)(2). Pub. L. 105-118, Sec. 576(1), inserted before 
period at end ``, including providing the Congress with a report 
detailing all defense articles, defense services, and military education 
and training delivered to the recipient country or international 
organization upon delivery of such articles or upon completion of such 
services or education and training. Such report shall also include 
whether any savings were realized by utilizing commercial transport 
services rather than acquiring those services from United States 
Government transport assets''.
    Subsecs. (c), (d). Pub. L. 105-118, Sec. 576(2), (3), added subsec. 
(c) and redesignated former subsec. (c) as (d).
    1996--Subsec. (a)(1). Pub. L. 104-164, Sec. 103(a), substituted 
``$100,000,000'' for ``$75,000,000'' in concluding provisions.
    Subsec. (a)(2)(A). Pub. L. 104-164, Sec. 103(b)(1), substituted 
``articles and services from the inventory and resources of any agency 
of the United States Government and military education and training from 
the Department of Defense, the President may direct the drawdown of such 
articles, services, and military education and training--'' and cls. (i) 
and (ii) for ``defense articles from the stocks of the Department of 
Defense, defense services of the Department of Defense, and military 
education and training, he may direct--
        ``(i) the drawdown of such articles, services, and the provision 
    of such training for the purposes and under the authorities of parts 
    VIII and IX of subchapter I of this chapter, as the case may be; and
        ``(ii) the drawdown of defense services for the purposes and 
    under the authorities of the Migration and Refugee Assistance Act of 
    1962.''
    Subsec. (a)(2)(B). Pub. L. 104-164, Sec. 103(b)(2), substituted 
``$150,000,000 in any fiscal year of such articles, services, and 
military education and training may be provided pursuant to subparagraph 
(A) of this paragraph--'' and cls. (i) to (iii) for ``$75,000,000 in any 
fiscal year of defense articles, defense services, and military 
education and training may be provided pursuant to subparagraph (A) of 
this paragraph.''
    Subsec. (b)(1). Pub. L. 104-164, Sec. 103(b)(3), inserted at end 
``In the case of drawdowns authorized by subclauses (I) and (III) of 
subsection (a)(2)(A)(i) of this section, notifications shall be provided 
to those committees at least 15 days in advance of the drawdowns in 
accordance with the procedures applicable to reprogramming notifications 
under section 2394-1 of this title.''
    1989--Subsec. (a). Pub. L. 101-167 designated existing provisions as 
par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), 
respectively, and added par. (2).
    1981--Subsec. (a). Pub. L. 97-113 increased fiscal year limitation 
to $75,000,000 from $50,000,000 on aggregate value of assistance 
furnished.
    1980--Subsec. (a). Pub. L. 96-533 increased to $50,000,000 from 
$10,000,000 fiscal year limitation on aggregate value of assistance 
furnished.
    1979--Subsec. (a). Pub. L. 96-92 authorized military education and 
training assistance, substituted $10,000,000 fiscal year limitation on 
aggregate value of assistance furnished for $67,500,000 fiscal year 
limitation on total value of defense articles and defense services 
ordered, and eliminated requirement for determination that failure to 
respond immediately to the emergency would result in serious harm to 
vital United States security interests, deleted provision authorizing 
reimbursement from subsequent appropriations which is covered in subsec. 
(c), provision for effectiveness of authority only as provided in an 
appropriation Act, and requirement of information to Congress which is 
covered in subsec. (b)(2).
    Subsec. (b). Pub. L. 96-92 required notification of Congressional 
Committees, reenacted former subsec. (a) provision for information to 
Congress respecting assistance furnished, included military education 
and training, and deleted authorization of Defense Department, in 
applicable appropriations, to incur obligations in anticipation of 
reimbursements, and authorization of appropriations for reimbursement 
purposes.
    Subsec. (c). Pub. L. 96-92 incorporated reimbursement provision of 
former subsec. (b) and expanded section to include military education 
and training.
    1976--Subsec. (a). Pub. L. 94-329 redesignated existing provisions 
as pars. (1) to (3), limited the President's authority to act by 
inserting requirements that he act only in cases of unforeseen 
emergencies requiring immediate military assistance to a foreign country 
or international organization where vital United States security 
interests are concerned when such emergency requirement cannot be met 
under authority of the Arms Export Control Act or any other law, reduced 
the President's authority from $150 million to $67.5 million in any 
fiscal year, and required current reporting to Congress on the use of 
such authority.
    1974--Subsec. (a). Pub. L. 93-559 substituted ``fiscal year 1975'' 
for ``fiscal year 1974'' wherever appearing and ``$150,000,000'' for 
``$250,000,000''.
    1973--Subsec. (a). Pub. L. 93-189 substituted ``the fiscal year 
1974'', ``in the security interests'', and ``$250,000,000'' for ``the 
fiscal year 1972'', ``vital to the security'', and ``$300,000,000'', 
respectively.
    1972--Subsec. (a). Pub. L. 92-226 substituted ``1972'' for ``1970 
and the fiscal year 1971'' and ``the fiscal year 1972'' for ``each of 
the fiscal years 1970 and 1971'', and repealed last sentence providing 
for prompt notice of action taken to Committees on Foreign Relations, 
Appropriations, and Armed Services of the Senate and Speaker of the 
House.
    1969--Subsec. (a). Pub. L. 91-175 substituted ``1970 and the fiscal 
year 1971'' for ``1969'' in first sentence, and substituted ``in each of 
the fiscal years 1970 and 1971'' for ``in the fiscal year 1969'' in 
second sentence.
    1968--Subsec. (a). Pub. L. 90-554 substituted ``1969'' for ``1968'' 
wherever appearing.
    1967--Subsec. (a). Pub. L. 90-137 substituted ``1968'' for ``1967'' 
wherever appearing.
    1966--Subsec. (a). Pub. L. 89-583 substituted ``1967'' for ``1966'' 
wherever appearing.
    1965--Subsec. (a). Pub. L. 89-171 substituted ``1966'' for ``1965'' 
wherever appearing.
    1964--Subsec. (a). Pub. L. 88-633 substituted ``1965'' for ``1964'' 
wherever appearing.
    1963--Subsec. (a). Pub. L. 88-205 substituted ``1964'' for ``1963'' 
wherever appearing.
    1962--Subsec. (a). Pub. L. 87-565 substituted ``1963'' for ``1962'' 
wherever appearing.

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.

                         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 287b, 287e-2, 2360, 2370, 
2392, 2411 of this title.
