
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: 22USC2364]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2364. Special authorities


(a) Furnishing of assistance and arms export sales, credits, and 
        guaranties upon determination and notification of Congress of 
        importance and vitality of such action to security interests and 
        national security interests of United States; policy 
        justification; fiscal year limitations; transfers between 
        accounts

    (1) The President may authorize the furnishing of assistance under 
this chapter without regard to any provision of this chapter, the Arms 
Export Control Act [22 U.S.C. 2751 et seq.], any law relating to 
receipts and credits accruing to the United States, and any Act 
authorizing or appropriating funds for use under this chapter, in 
furtherance of any of the purposes of this chapter, when the President 
determines, and so notifies in writing the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign Relations 
of the Senate, that to do so is important to the security interests of 
the United States.
    (2) The President may make sales, extend credit, and issue 
guaranties under the Arms Export Control Act [22 U.S.C. 2751 et seq.], 
without regard to any provision of this chapter, the Arms Export Control 
Act, any law relating to receipts and credits accruing to the United 
States, and any Act authorizing or appropriating funds for use under the 
Arms Export Control Act, in furtherance of any of the purposes of such 
Act, when the President determines, and so notifies in writing the 
Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate, that to do so is vital to 
the national security interests of the United States.
    (3) Before exercising the authority granted in this subsection, the 
President shall consult with, and shall provide a written policy 
justification to, the Committee on Foreign Affairs and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Appropriations of the Senate.
    (4)(A) The authority of this subsection may not be used in any 
fiscal year to authorize--
        (i) more than $750,000,000 in sales to be made under the Arms 
    Export Control Act [22 U.S.C. 2751 et seq.];
        (ii) the use of more than $250,000,000 of funds made available 
    for use under this chapter or the Arms Export Control Act; and
        (iii) the use of more than $100,000,000 of foreign currencies 
    accruing under this chapter or any other law.

    (B) If the authority of this subsection is used both to authorize a 
sale under the Arms Export Control Act and to authorize funds to be used 
under the Arms Export Control Act or under this chapter with respect to 
the financing of that sale, then the use of the funds shall be counted 
against the limitation in subparagraph (A)(ii) and the portion, if any, 
of the sale which is not so financed shall be counted against the 
limitation in subparagraph (A)(i).
    (C) Not more than $50,000,000 of the $250,000,000 limitation 
provided in subparagraph (A)(ii) may be allocated to any one country in 
any fiscal year unless that country is a victim of active aggression, 
and not more than $500,000,000 of the aggregate limitation of 
$1,000,000,000 provided in subparagraphs (A)(i) and (A)(ii) may be 
allocated to any one country in any fiscal year.
    (5) The authority of this section may not be used to waive the 
limitations on transfers contained in section 2360(a) of this title.

(b) United States obligations in West Germany

    Whenever the President determines it to be important to the national 
interest, he may use funds available for the purposes of part IV of 
subchapter I of this chapter in order to meet the responsibilities or 
objectives of the United States in Germany, including West Berlin, and 
without regard to such provisions of law as he determines should be 
disregarded to achieve this purpose.

(c) Certification by President of inadvisability to specify nature of 
        use of funds; reports to Congress

    The President is authorized to use amounts not to exceed $50,000,000 
of the funds made available under this chapter pursuant to his 
certification that it is inadvisable to specify the nature of the use of 
such funds, which certification shall be deemed to be a sufficient 
voucher for such amounts. The President shall fully inform the chairman 
and ranking minority member of the Committee on Foreign Affairs of the 
House of Representatives and the chairman and ranking minority member of 
the Committee on Foreign Relations of the Senate of each use of funds 
under this subsection prior to the use of such funds.

(Pub. L. 87-195, pt. III, Sec. 614, Sept. 4, 1961, 75 Stat. 444; Pub. L. 
89-583, pt. III, Sec. 301(f), (g), Sept. 19, 1966, 80 Stat. 805; Pub. L. 
90-137, pt. III, Sec. 301(e), Nov. 14, 1967, 81 Stat. 459; Pub. L. 93-
559, Sec. 19(b), Dec. 30, 1974, 88 Stat. 1800; Pub. L. 96-533, title I, 
Sec. 117(a), Dec. 16, 1980, 94 Stat. 3140; Pub. L. 99-83, title I, 
Sec. 128, Aug. 8, 1985, 99 Stat. 206; Pub. L. 101-222, Sec. 8, Dec. 12, 
1989, 103 Stat. 1899; Pub. L. 103-199, title VII, Sec. 705(2), Dec. 17, 
1993, 107 Stat. 2328.)

                       References in Text

    This chapter, referred to in subsecs. (a) and (c), 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)(1), (2), 
(4)(A), (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.

References to Part IV of Subchapter I Deemed References to Part 
                       IV of Subchapter II

    Part IV of subchapter I (Sec. 2241 et seq.) of this chapter has been 
repealed. References to part IV of subchapter I, or any sections 
thereof, are deemed references to part IV of subchapter II (Sec. 2346 et 
seq.) of this chapter, or to appropriate sections thereof. See section 
202(b) of Pub. L. 92-226, set out as a note under section 2346 of this 
title.


                               Amendments

    1993--Subsec. (a)(4)(C). Pub. L. 103-199 struck out ``Communist or 
Communist-supported'' after ``victim of active''.
    1989--Subsec. (c). Pub. L. 101-222 amended second sentence 
generally. Prior to amendment, second sentence read as follows: ``The 
President shall promptly and fully inform the Speaker of the House of 
Representatives and the chairman and ranking minority member of the 
Committee on Foreign Relations of the Senate of each use of funds under 
this subsection.''
    1985--Subsec. (a)(4). Pub. L. 99-83 designated existing provisions 
as subpar. (A), added cl. (i) and designations ``(ii)'' and ``(iii)'', 
struck out fiscal year limitation for any one country, and added 
subpars. (B) and (C).
    1980--Subsec. (a). Pub. L. 96-533, in revising subsec. (a), 
incorporated part of existing first sentence in provisions designated 
par. (1), inserted reference to Arms Export Control Act, struck out 
reference to Mutual Defense Assistance Control Act of 1951, required 
notification of the Speaker of the House and chairman of the Senate 
Committee on Foreign Relations, and substituted ``security interests'' 
for ``security''; inserted pars. (2) and (3); incorporated part of 
existing first sentence, second sentence, and substance of third 
sentence in provisions designated par. (4) and inserted reference to the 
Arms Export Control Act; and designated fourth sentence as par. (5) and 
substituted therein ``may not'' for ``shall not''.
    1974--Subsec. (a). Pub. L. 93-559 provided that the authority of the 
section shall not be used to waive the limitations on transfers 
contained in section 2360(a) of this title.
    1967--Subsec. (a). Pub. L. 90-137 substituted ``506'' for ``510'', 
classified to the Code as section 2318 of this title.
    1966--Subsec. (a). Pub. L. 89-583, Sec. 301(f), provided that the 
$50,000,000 limitation on allocation of funds to any country in any one 
fiscal year shall not apply to any country which is a victim of active 
Communist or Communist-supported aggression.
    Subsec. (c). Pub. L. 89-583, Sec. 301(g), inserted provision for 
reports to Congress of use of funds under this subsec.

                         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.


                    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 2151g, 2161, 2222, 2314, 
2360, 2394, 2413, 2780, 3281 of this title.
