22 U.S.C. § 2346 — Authority

Page 804 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2345 Executive Documents 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. § 2345. Repealed. Pub. L. 90–629, ch. 4, § 45(a), Oct. 22, 1968, 82 Stat. 1327 Section, Pub. L. 87–195, pt. II, § 525, formerly §§ 503(e), 509(b), as added Pub. L. 88–633, pt. II, § 201(a), (d), Oct. 7, 1964, 78 Stat. 1011; amended Pub. L. 89–171, pt. II, § 201(f), Sept. 6, 1965, 79 Stat. 657; renumbered § 525 and amended Pub. L. 90–137, pt. II, § 201(b)(3), (i)(2), Nov. 14, 1967, 81 Stat. 455, 457, provided for guaranties until June 30, 1968. See section 2764 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1968, see section 41 of Pub. L. 90–629, set out as an Effective Date note under section 2751 of this title. SAVINGS PROVISION Determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued under- taken, or entered into under authority of any provision of former section 2345 of this title as continuing in full force and effect until modified by appropriate author- ity, see section 46 of Pub. L. 90–629, set out as a note under former section 2341 of this title. PART IV—ECONOMIC SUPPORT FUND § 2346. Authority (a) Policy requirements for assistance The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may re- quire economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish as- sistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part con- sistent with the policy directions, purposes, and programs of subchapter I of this chapter. (b) Responsibility for policy decisions and jus- tifications The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including de- terminations of whether there will be an eco- nomic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agen- cy primarily responsible for administering sub- chapter I of this chapter. (c) Detailed justification for uses and purposes of funds As part of the annual presentation materials for foreign assistance submitted to the Con- gress, the agency primarily responsible for ad- ministering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary and balance-of-payments support provided, and the amounts and kinds of project assistance provided with funds made available under this part. (d) Repealed. Pub. L. 105–277, div. A, § 101(d) [title V, § 533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–180 (e) Availability of funds Amounts appropriated to carry out this part shall be available for economic programs only and may not be used for military or para- military purposes. (Pub. L. 87–195, pt. II, § 531, as added Pub. L. 99–83, title II, § 201(a), Aug. 8, 1985, 99 Stat. 210; amended Pub. L. 101–513, title V, § 562(d)(8), Nov. 5, 1990, 104 Stat. 2031; Pub. L. 105–277, div. A, § 101(d) [title V, § 533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–180.) Editorial Notes PRIOR PROVISIONS A prior section 2346, Pub. L. 87–195, pt. II, § 531, as added Pub. L. 92–226, pt. II, § 202(a), Feb. 7, 1972, 86 Stat. 26; amended Pub. L. 95–92, § 8(a), Aug. 4, 1977, 91 Stat. 617; Pub. L. 95–384, § 10(a), Sept. 26, 1978, 92 Stat. 733; 1979 Reorg. Plan No. 2, § 6(b)(1), eff. Oct. 1, 1979, 44 F.R. 41166, 93 Stat. 1379; Pub. L. 96–92, § 8(a), Oct. 29, 1979, 93 Stat. 703; Pub. L. 96–533, title II, § 201, Dec. 16, 1980, 94 Stat. 3142; Pub. L. 97–113, title II, § 201, Dec. 29, 1981, 95 Stat. 1528, authorized President to furnish assistance to countries and organizations to promote economic or political stability, prior to repeal by Pub. L. 99–83, title II, § 201(a), Aug. 8, 1985, 99 Stat. 210. AMENDMENTS 1998—Subsec. (d). Pub. L. 105–277 struck out subsec. (d) which read as follows: ‘‘To the maximum extent fea- sible, funds made available pursuant to this part for commodity import programs or other program assist- ance shall be used to generate local currencies, not less than 50 percent of which shall be available to support activities consistent with the objectives of sections 2151a through 2151d of this title, and administered by the agency primarily responsible for administering sub- chapter I of this chapter.’’ 1990—Subsec. (a). Pub. L. 101–513 inserted ‘‘or, in the case of countries in sub-Saharan Africa, part X of sub- chapter I of this chapter’’ after ‘‘part I of subchapter I of this chapter’’. Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE THIS AND CERTAIN OTHER PARTS OF SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EX- CLUDE SUCH PARTS Pub. L. 92–226, pt. II, § 202(b), Feb. 7, 1972, 86 Stat. 27, provided that: ‘‘Chapter 4 of part I of the Foreign As- sistance Act of 1961 [part IV of subchapter I of this chapter (sections 2241 to 2243 of this title)] is hereby re- pealed. References to such chapter [4 of part I of the Foreign Assistance Act of 1961 (former sections 2241 to 2243 of this title)] or any sections thereof shall here- after [on and after Feb. 7, 1972] be deemed to be ref- erences to chapter 4 of part II of the Foreign Assistance Act of 1961, as added by subsection (a) of this section Page 805 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2346a [this part], or to appropriate sections thereof. All ref- erences to part I of the Foreign Assistance Act of 1961 [subchapter I of this chapter] shall hereafter be deemed to be references also to chapter 4 of part II [this part], and all references to part II of such Act [subchapter II of this chapter] shall be deemed not to include chapter 4 of such part II [this part]’’. References to subchapter I of this chapter are deemed to include parts VI (§ 2348 et seq.) and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See sections 2348c and 2349aa–5 of this title. REFERENCE TO PART I DEEMED TO INCLUDE SECTION 2293 Reference to part I of subchapter I of this chapter deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title. EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as an Effective Date of 1985 Amend- ment note under section 2151–1 of this title. ASSISTANCE TO LEBANON Pub. L. 107–228, div. B, title XII, § 1224, Sept. 30, 2002, 116 Stat. 1432, provided that: ‘‘(a) PROHIBITION.—Notwithstanding any other provi- sion of law, $10,000,000 of the amounts made available for fiscal year 2003 or any subsequent fiscal year that are allocated for assistance to Lebanon under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) may not be obligated unless and until the Presi- dent certifies to the appropriate congressional commit- tees that— ‘‘(1) the armed forces of Lebanon have been de- ployed to the internationally recognized border be- tween Lebanon and Israel; and ‘‘(2) the Government of Lebanon is effectively as- serting its authority in the area in which such armed forces have been deployed. ‘‘(b) REQUIREMENT RELATING TO FUNDS WITHHELD.— Notwithstanding any other provision of law, any funds withheld pursuant to subsection (a) may not be pro- grammed in order to be used for a purpose other than for assistance to Lebanon until the last month of the fiscal year in which the authority to obligate such funds lapses.’’ [For definition of ‘‘appropriate congressional com- mittees’’ as used in section 1224 of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.] ASSISTANCE TO AFGHANISTAN Pub. L. 99–83, title IX, § 904, Aug. 8, 1985, 99 Stat. 268, provided that: ‘‘(a) AUTHORIZATION.—The President may make avail- able funds authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.] (relating to the economic support fund) for the provision of food, medicine, or other humanitarian assistance to the Afghan people, notwithstanding any other provision of law. ‘‘(b) EARMARKING OF FUNDS.—Each fiscal year, not less than $15,000,000 of the aggregate amount of funds available to carry out chapter 4 of part II of the For- eign Assistance Act of 1961 shall be available only for humanitarian assistance to the Afghan people pursuant to subsection (a) of this section. ‘‘(c) EFFECTIVE DATES.—This section shall take effect on the date of enactment of this Act [Aug. 8, 1985], ex- cept that subsection (b) shall not apply to fiscal year 1985.’’ REPORTS ON ECONOMIC CONDITIONS PREVAILING IN EGYPT, ISRAEL, TURKEY, AND PORTUGAL Pub. L. 99–83, title XII, § 1205, Aug. 8, 1985, 99 Stat. 277, provided that: ‘‘(a) EXTERNAL DEBT BURDEN OF CERTAIN COUNTRIES RECEIVING UNITED STATES ASSISTANCE.—The Congress finds that the Governments of Egypt, Israel, Turkey, and Portugal each have an enormous external debt bur- den which may be made more difficult by virtue of fi- nancing provided for those governments under various United States assistance programs. ‘‘(b) ANNUAL REPORTS ON ECONOMIC CONDITIONS.—In order to assist the Congress in examining United States assistance for these countries, the President shall re- port to Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate, not later than January 15 of each year, re- garding economic conditions prevailing in Egypt, Israel, Turkey, and Portugal which may affect their re- spective ability to meet their international debt obli- gations and to stabilize their economies.’’ [For delegation of functions of President under sec- tion 1205(b) of Pub. L. 99–83, set out above, 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.] REFERENCES TO SECURITY SUPPORTING ASSISTANCE AS REFERENCES TO ASSISTANCE UNDER PART IV OF SUB- CHAPTER II OF THIS CHAPTER Pub. L. 95–384, § 10(b)(6), Sept. 26, 1978, 92 Stat. 735, provided that: ‘‘After September 30, 1978, any reference in any law to security supporting assistance shall be deemed to be a reference to assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 [this part].’’ SECURITY SUPPORTING ASSISTANCE PROGRAM FOR EGYPT Pub. L. 95–92, § 9, Aug. 4, 1977, 91 Stat. 619, as amended by Pub. L. 95–384, § 29(c)(2)(A), Sept. 26, 1978, 92 Stat. 747, provided that: ‘‘It is the sense of the Congress that the security supporting assistance program for Egypt plays an important role in the Middle East peace effort and that the Executive branch should concentrate its ef- forts in order to make the program a success.’’ Executive Documents 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. § 2346a. Authorizations of appropriations (a) Recipients and purposes of funds There are authorized to be appropriated to the President to carry out the purposes of this part— (1) $2,015,000,000 for the fiscal year 1986 and $2,015,000,000 for the fiscal year 1987 for the fol- lowing countries signing the Camp David agreement: Israel and Egypt; and (2) $1,785,000,000 for the fiscal year 1986 and $1,785,000,000 for the fiscal year 1987 for assist- ance under this part for recipients or purposes other than the countries referred to in para- graph (1). (b) Availability of amounts Amounts appropriated to carry out this part are authorized to remain available until ex- pended. (Pub. L. 87–195, pt. II, § 532, as added Pub. L. 99–83, title II, § 201(a), Aug. 8, 1985, 99 Stat. 211.) Editorial Notes PRIOR PROVISIONS A prior section 2346a, Pub. L. 87–195, pt. II, 532, as added Pub. L. 97–113, title II, § 202, Dec. 29, 1981, 95 Stat.