
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: 22USC2393]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part II--Administrative Provisions
 
Sec. 2393. Waiver of certain laws


(a) Contracts and expenditure of funds

    Whenever the President determines it to be in furtherance of the 
purposes of this chapter, the functions authorized under this chapter 
may be performed without regard to such provisions of law (other than 
the Renegotiation Act of 1951, as amended (50 U.S.C. App. 1211 et seq.) 
regulating the making, performance, amendment, or modification of 
contracts and the expenditure of funds of the United States Government 
as the President may specify.

(b) Neutrality laws

    The functions authorized under subchapter II of this chapter may be 
performed without regard to such provisions as the President may specify 
of subchapter II of chapter 9 of this title.

(c) Assignment of personnel

    Notwithstanding the provisions of sections 3544(b) and 8544(b) \1\ 
of title 10, personnel of the Department of Defense may be assigned or 
detailed to any civil office to carry out this chapter.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(Pub. L. 87-195, pt. III, Sec. 633, Sept. 4, 1961, 75 Stat. 454.)

                       References in Text

    This chapter, referred to in text, 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 Renegotiation Act of 1951, as amended, referred to in subsec. 
(a), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which was 
classified principally to section 1211 et seq. of Title 50, Appendix, 
War and National Defense, prior to its omission from the Code. See note 
preceding section 1211 of Title 50, Appendix.
    Sections 3544 and 8544 of title 10, referred to in subsec. (c), were 
repealed by Pub. L. 90-235, Sec. 4(a)(6), Jan. 2, 1968, 81 Stat. 759.


     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.

                         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.

                        Executive Order No. 10784

    Ex. Ord. No. 10784, Oct. 1, 1958, 23 F.R. 7691, as amended by Ex. 
Ord. No. 10845, Oct. 12, 1959, 24 F.R. 8317, which specified laws from 
which functions authorized by this chapter shall be exempt, was 
superseded by Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out 
below.

                        Executive Order No. 10845

    Ex. Ord. No. 10845 of Oct. 12, 1959, setting out laws from which 
authorized functions were exempt, was superseded by Ex. Ord. No. 11223, 
May 12, 1965, 30 F.R. 6635, set out below.

     Ex. Ord. No. 11223. Specification of Laws From Which Functions 
               Authorized by This Chapter Shall Be Exempt

    Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, as amended by Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673; Ex. Ord. No. 12178, Dec. 
10, 1979, 44 F.R. 71807; Ex. Ord. No. 13118, Sec. 10(10), Mar. 31, 1999, 
64 F.R. 16599, provided:
    By virtue of the authority vested in me by Section 633 of the 
Foreign Assistance Act of 1961, as amended, 75 Stat. 454 (22 U.S.C. 
2393), it is hereby determined that, to the extent hereinafter 
indicated, the performance of functions authorized by that Act, as 
amended, and any predecessor legislation, without regard to the laws 
specified in the numbered subdivisions of Sections 1 and 2 of this order 
and without regard to consideration as specified in Sections 3 and 4 of 
this order will further the purposes of the Foreign Assistance Act of 
1961, as amended [this chapter]:
    Section 1. With respect to functions authorized by the Foreign 
Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), and any 
predecessor legislation except those functions exercised by the 
Department of Defense under authority of Sections 621 and 623 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2381 and 2383):
    (1) The Act of March 26, 1934, 48 Stat. 500, as amended (15 U.S.C. 
616a).
    (2) Section 3648 of the Revised Statutes, as amended, 60 Stat. 809 
(31 U.S.C. 529) [31 U.S.C. 3324].
    (3) Section 305 of the Federal Property and Administrative Services 
Act of 1949, 63 Stat. 396, as amended (41 U.S.C. 255).
    (4) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5).
    (5) Section 3710 of the Revised Statutes (41 U.S.C. 8).
    (6) Section 2 of title III of the Act of March 3, 1933, 47 Stat. 
1520 (41 U.S.C. 10a).
    (7) Section 3735 of the Revised Statutes (41 U.S.C. 13).
    (8) Section 304(c) of the Federal Property and Administrative 
Services Act of 1949, as added by the Act of October 31, 1951, 65 Stat. 
700 (41 U.S.C. 254(c)), but only with respect to contracts entered into 
with foreign governments or agencies thereof for the rendering of 
services to the United States or an agency thereof within the 
continental limits of the United States.
    (9) Section 901(a) of the Merchant Marine Act, 1936, 49 Stat. 2015 
as amended (46 [App.] U.S.C. 1241(a)).
    Sec. 2. With respect to purchases authorized to be made outside the 
limits of the United States or the District of Columbia under the 
Foreign Assistance Act of 1961, as amended [this chapter], and any 
predecessor legislation:
    (1) [Former] Section 2276(a) of title 10 of the United States Code.
    (2) Section 2313(b) of title 10 of the United States Code.
    (3) Section 304(c) of the Federal Property and Administrative 
Services Act of 1949, as added by the Act of October 31, 1951, 65 Stat. 
700 (41 U.S.C. 254(c)).
    (4) Section 1301 of the Second War Powers Act, 1942, 56 Stat. 185 
(50 U.S.C. App. 643), as extended by the provisions of the Act of June 
30, 1953, 67 Stat. 120.
    (5) Section 3(b) of the Act of August 28, 1958, 72 Stat. 972 (50 
U.S.C. 1433(b)), but only with respect to contracts in which the 
inclusion of the clause required by Section 3(b), or the compliance with 
that clause, if included in a contract, is deemed by the executive or 
military department concerned to be impracticable.
    Sec. 3. With respect to cost-type contracts heretofore or hereafter 
made with non-profit institutions under which no fee is charged or paid, 
amendments and modifications of such contracts may be made with or 
without consideration and may be utilized to accomplish the same things 
as any original contract could have accomplished, irrespective of the 
time or circumstances of the making, or the form of the contract amended 
or modified, or of the amending or modifying contract and irrespective 
of rights which may have accrued under the contract or the amendments or 
modifications thereof.
    Sec. 4. With respect to contracts heretofore or hereafter made, 
other than those described in Section 3 of this order, amendments and 
modifications of such contracts may be made with or without 
consideration and may be utilized to accomplish the same things as any 
original contract could have accomplished, irrespective of the time or 
circumstances of the making, or the form of the contract amended or 
modified, or of the amending or modifying contract, and irrespective of 
rights which may have accrued under the contract or the amendments or 
modifications thereof, if the Secretary of State or the Administrator of 
the United States Agency for International Development (with respect to 
functions vested in or delegated to the Administrator) determines in 
each case that such action is necessary to protect the foreign policy 
interests of the United States.
    Sec. 5. Executive Order No. 10784 of October 1, 1958, and Executive 
Order No. 10845 of October 12, 1959, are hereby superseded.
    Sec. 6. I determine it to be in furtherance of the purposes of the 
Foreign Assistance Act of 1961, as amended [22 U.S.C. 2151 et seq.], and 
in the national security interest of the United States that the 
functions authorized by chapter 7 of Part II of that Act [22 U.S.C. 2349 
et seq.], relating to air base construction in Israel, be performed 
without regard to the following additional specified provisions of law:
    (1) Title IX of the Federal Property and Administration Services Act 
of 1949, as amended (40 U.S.C. 541-544);
    (2) Section 612 of the Military Construction Authorization Act, 
1967, as amended (31 U.S.C. 723a) [10 U.S.C. 2661a(b)];
    (3) Section 719 of the Defense Production Act of 1950, as amended 
(50 U.S.C. App. 2168); and
    (4) Section 111 of the Federal Property and Administrative Services 
Act of 1949, as amended ([former] 40 U.S.C. 759).

 Determination Under This Section Waiving Requirements With Respect to 
             Close Out of Prior Year Appropriations Accounts

    Determination of President of the United States, No. 91-21, Feb. 27, 
1991, 56 F.R. 10771, provided:
    Memorandum for the Secretary of State
    Pursuant to the authority vested in me by section 633(a) of the 
Foreign Assistance Act of 1961, as amended (the ``Act''), 22 U.S.C. 
2393(a), I hereby determine it to be in furtherance of the purposes of 
the Act [22 U.S.C. 2151 et seq.] that the functions authorized by the 
Act be performed without regard to section 1405 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510) [amending 
sections 1551 to 1557 of Title 31, Money and Finance, repealing section 
2782 of Title 10, Armed Forces, and enacting provisions set out as a 
note under section 1551 of Title 31], and amendments contained therein.
    This determination shall apply only to funds appropriated to carry 
out the provisions of the Act that were appropriated for fiscal year 
1984 and for prior fiscal years, and shall suspend the application of 
the provisions of section 1405 of the National Defense Authorization Act 
for Fiscal Year 1991, and amendments contained therein, through 
September 30, 1992.
    You are authorized and directed to publish this determination in the 
Federal Register.
                                                            George Bush.

                  Section Referred to in Other Sections

    This section is referred to in section 2349b of this title.
