
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: 22USC2349aa-2]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
              SUBCHAPTER II--MILITARY ASSISTANCE AND SALES
 
                   Part VIII--Antiterrorism Assistance
 
Sec. 2349aa-2. Limitations


(a) Services and commodities furnished by agency of United States 
        Government; advance payment

    Whenever the President determines it to be consistent with and in 
furtherance of the purposes of this part, and on such terms and 
conditions consistent with this chapter as he may determine, any agency 
of the United States Government is authorized to furnish services and 
commodities, without charge to funds available to carry out this part, 
to an eligible foreign country, subject to payment in advance of the 
value thereof (within the meaning of section 2403(m) of this title) in 
United States dollars by the foreign country. Credits and the proceeds 
of guaranteed loans made available to such countries pursuant to the 
Arms Export Control Act [22 U.S.C. 2751 et seq.] shall not be used for 
such payments. Collections under this part shall be credited to the 
currently applicable appropriation, account, or fund of the agency 
providing such services and commodities and shall be available for the 
purposes for which such appropriation, account, or fund is authorized to 
be used.

(b) Consultation in development and implementation of assistance

    The Assistant Secretary of State for Democracy, Human Rights, and 
Labor shall be consulted in the determinations of the foreign countries 
that will be furnished assistance under this part and determinations of 
the nature of assistance to be furnished to each such country.

(c) Arms and ammunition; value of equipment and commodities

    (1) Arms and ammunition may be provided under this part only if they 
are directly related to antiterrorism assistance.
    (2) The value (in terms of original acquisition cost) of all 
equipment and commodities provided under this part in any fiscal year 
shall not exceed 30 percent of the funds made available to carry out 
this part for that fiscal year.

(d) Information exchange activities

    This part does not apply to information exchange activities 
conducted by agencies of the United States Government under other 
authority for such purposes.

(Pub. L. 87-195, pt. II, Sec. 573, as added Pub. L. 98-151, 
Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended Pub. L. 99-83, 
title V, Sec. 501(b), (c), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99-399, 
title V, Sec. 507, Aug. 27, 1986, 100 Stat. 873; Pub. L. 101-604, title 
II, Sec. 213(b), Nov. 16, 1990, 104 Stat. 3086; Pub. L. 103-236, title 
I, Sec. 162(e)(3), Apr. 30, 1994, 108 Stat. 405; Pub. L. 104-132, title 
III, Sec. 328(a), Apr. 24, 1996, 110 Stat. 1257; Pub. L. 104-164, title 
I, Sec. 121(b), July 21, 1996, 110 Stat. 1428.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original ``this 
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
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.
    The Arms Export Control Act, referred to in subsec. (a), 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.

                          Codification

    Section 573 of Pub. L. 87-195 is based on section 201 of title II of 
H.R. 2992, Ninety-eighth Congress, as reported May 17, 1983, and enacted 
into law by Pub. L. 98-151.


                               Amendments

    1996--Pub. L. 104-164, Sec. 121(b)(1), substituted ``Limitations'' 
for ``Specific authorities and limitations'' as section catchline.
    Subsecs. (a), (b). Pub. L. 104-164, Sec. 121(b)(2), (3), 
redesignated subsecs. (b) and (c) as (a) and (b), respectively, and 
struck out former subsec. (a) which read as follows: ``Notwithstanding 
section 2420 of this title, services and commodities may be granted for 
the purposes of this part to eligible foreign countries, subject to 
reimbursement of the value thereof (within the meaning of section 
2403(m) of this title) pursuant to section 2392 of this title from funds 
available to carry out this part.''
    Subsec. (c). Pub. L. 104-164, Sec. 121(b)(4), which directed the 
amendment of subsec. (c) by striking out pars. (1) and (2), 
redesignating pars. (3) to (5) as (1) to (3), respectively, and amending 
par. (2) generally, could not be executed because subsec. (c) [formerly 
(d)] did not contain pars. (3) to (5) subsequent to amendment by Pub. L. 
104-132, Sec. 328(a)(2), see below.
    Pub. L. 104-164, Sec. 121(b)(3), redesignated subsec. (d) as (c). 
Former subsec. (c) redesignated (b).
    Pub. L. 104-132, Sec. 328(a)(1), struck out ``development and 
implementation of the antiterrorism assistance program under this part, 
including'' after ``shall be consulted in the''.
    Subsec. (d). Pub. L. 104-164, Sec. 121(b)(3), redesignated subsecs. 
(e) as (d). Former subsec. (d) redesignated (c).
    Pub. L. 104-132, Sec. 328(a)(2), amended subsec. (d) generally, 
substituting pars. (1) and (2) for former pars. (1) to (5) which related 
to location for training and advice, law enforcement personnel training, 
availability of items on United States Munitions List, and services, 
equipment, personnel, and facilities involved in collection of 
intelligence.
    Subsec. (e). Pub. L. 104-164, Sec. 121(b)(3), which directed 
redesignation of subsec. (f) as (e), could not be executed because of 
prior amendment by Pub. L. 104-132, Sec. 328(a)(3), see below. Former 
subsec. (e) redesignated (d).
    Subsec. (f). Pub. L. 104-132, Sec. 328(a)(3), struck out subsec. (f) 
which read as follows: ``Funds made available to carry out this part may 
not be used for personnel compensation or benefits.''
    1994--Subsec. (c). Pub. L. 103-236 substituted ``Democracy, Human 
Rights, and Labor'' for ``Human Rights and Humanitarian Affairs''.
    1990--Subsec. (d)(1) to (3). Pub. L. 101-604 added pars. (1) to (3) 
and struck out former pars. (1) to (3) which read as follows:
    ``(1) Training services provided pursuant to this part shall not be 
conducted outside the United States.
    ``(2) Personnel of the United States Government authorized to advise 
eligible foreign countries on antiterrorism matters shall carry out 
their responsibilities, to the maximum extent possible, within the 
United States. Such personnel may provide advice outside the United 
States on antiterrorism matters to eligible foreign countries for 
periods not to exceed thirty consecutive calendar days.
    ``(3) Employees of the Department of State shall not engage in the 
training of law enforcement personnel or provision of services under 
this part, except that employees of the Office of Security of the 
Department of State may provide training and services to law enforcement 
personnel for the physical protection of internationally protected 
persons and related facilities.''
    1986--Subsec. (d)(4). Pub. L. 99-399, in amending par. (4) 
generally, included articles in category X and articles in par. (b), 
(c), or (d) of category XIII as articles on the United States Munitions 
List which could be made available, struck out availability of articles 
only for fiscal years 1986 and 1987, substituted provision that the 
value in any fiscal year not exceed 25 percent of the funds available to 
carry out this part for that fiscal year for provision that the value 
not exceed $325,000 in fiscal year 1986 or 1987, and provided that no 
shock batons or similar devices be provided under this part.
    1985--Subsec. (d)(4). Pub. L. 99-83, Sec. 501(b), in amending par. 
(4) generally, designated existing provisions as subpar. (A), inserted 
provisions excepting subpar. (B), and added subpars. (B) and (C).
    Subsec. (f). Pub. L. 99-83, Sec. 501(c), added subsec. (f).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-236 applicable with respect to officials, 
offices, and bureaus of Department of State when executive orders, 
regulations, or departmental directives implementing the amendments by 
sections 161 and 162 of Pub. L. 103-236 become effective, or 90 days 
after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. 
L. 103-236, as amended, set out as a note under section 2651a 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 section 2151-1 of this title.

                     Authority of Secretary of State

    Except as otherwise provided, Secretary of State to have and 
exercise any authority vested by law in any official or office of 
Department of State and references to such officials or offices deemed 
to refer to Secretary of State or Department of State, as appropriate, 
see section 2651a of this title and section 161(d) of Pub. L. 103-236, 
set out as a note under section 2651a 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 section 2349bb-3 of this title.
