Foreign Assistance Act of 1961: Authorizations and Corresponding Appropriations

The Foreign Assistance Act of 1961 (P.L. 87-195; 22 U.S.C. 2151 et seq.) serves as the cornerstone for the United States’ foreign assistance policies and programs. Written, passed, and signed into law at what some consider the height of the Cold War, the act is seen by some today as anachronistic. Ironically, when President Kennedy urged the 87th Congress to enact foreign aid legislation that would exemplify and advance the national interests and security strategies of the United States post-World War II, he described the existing foreign aid mechanisms as bureaucratic, fragmented, awkward, and slow. Some have used the same language today, more than 50 years later, to characterize the legislation he promoted.

On several occasions over the past 20 years, Congress has set out to assess the current body of law that comprises foreign aid policy, starting with the Foreign Assistance Act of 1961. The Foreign Affairs and Foreign Relations Committees, in recent past Congresses, have considered legislation to rebuild the United States’ capacity to deliver effective foreign aid, and make aid more transparent and responsive to today’s quick-changing international challenges. Proposals have ranged from setting up advisory committees to a complete overhaul of foreign aid objectives and programs.

This report presents the authorities of the Foreign Assistance Act of 1961, as amended, and correlates those authorities with the operative appropriations measure (division I of the Consolidated Appropriations Act, 2012; P.L. 112-74; 124 Stat. 786 at 1164) that funds those authorities. It replaces an earlier issue of the same report, dated July 29, 2011, to incorporate the current appropriations act.

For many years, foreign aid appropriations measures have waived the requirement that funds must be authorized before they are appropriated and expended. Understanding the relation between the authorities in the cornerstone act and appropriations is key to foreign aid reform.

Foreign Assistance Act of 1961: Authorizations and Corresponding Appropriations

April 18, 2012 (R40089)

Summary

The Foreign Assistance Act of 1961 (P.L. 87-195; 22 U.S.C. 2151 et seq.) serves as the cornerstone for the United States' foreign assistance policies and programs. Written, passed, and signed into law at what some consider the height of the Cold War, the act is seen by some today as anachronistic. Ironically, when President Kennedy urged the 87th Congress to enact foreign aid legislation that would exemplify and advance the national interests and security strategies of the United States post-World War II, he described the existing foreign aid mechanisms as bureaucratic, fragmented, awkward, and slow. Some have used the same language today, more than 50 years later, to characterize the legislation he promoted.

On several occasions over the past 20 years, Congress has set out to assess the current body of law that comprises foreign aid policy, starting with the Foreign Assistance Act of 1961. The Foreign Affairs and Foreign Relations Committees, in recent past Congresses, have considered legislation to rebuild the United States' capacity to deliver effective foreign aid, and make aid more transparent and responsive to today's quick-changing international challenges. Proposals have ranged from setting up advisory committees to a complete overhaul of foreign aid objectives and programs.

This report presents the authorities of the Foreign Assistance Act of 1961, as amended, and correlates those authorities with the operative appropriations measure (division I of the Consolidated Appropriations Act, 2012; P.L. 112-74; 124 Stat. 786 at 1164) that funds those authorities. It replaces an earlier issue of the same report, dated July 29, 2011, to incorporate the current appropriations act.

For many years, foreign aid appropriations measures have waived the requirement that funds must be authorized before they are appropriated and expended. Understanding the relation between the authorities in the cornerstone act and appropriations is key to foreign aid reform.


Foreign Assistance Act of 1961: Authorizations and Corresponding Appropriations

Background

The Foreign Assistance Act of 1961 (P.L. 87-195; 22 U.S.C. 2151 et seq.), enacted at the behest of President Kennedy, sought to organize and implement U.S. foreign assistance programs with a commitment to long-range economic assistance to the developing world. The President, in a "Special Message to the Congress on Foreign Aid," delivered March 22, 1961, described the U.S. foreign aid programs emerging from World War II as

[b]ureaucratically fragmented, awkward and slow, its administration is diffused over a haphazard and irrational structure covering at least four departments and several other agencies. The program is based on a series of legislative measures and administrative procedures conceived at different times and for different purposes, many of them now obsolete, inconsistent and unduly rigid and thus unsuited for our present needs and purposes. Its weaknesses have begun to undermine confidence in our effort both here and abroad.1

President Kennedy went on to note the declining prestige of the United States' foreign aid apparatus and the negative impact of that decline on administering and staffing programs abroad. The President also cited the uneven and undependable short-term financing of programs and the resulting disincentive for long-term efficient planning. Congress and the executive branch worked together to enact the Foreign Assistance Act of 1961 to address these shortcomings at a time when much of the developing world was emerging as newly independent states, when those new nations were, "without exception ... under Communist pressure," and when "the free industrialized nations" found themselves in a position "to assist the less-developed nations on a long-term basis ... [as they find themselves] on the threshold of achieving sufficient economic, social and political strength and self-sustained growth to stand permanently on their own feet."2

Though the original Foreign Assistance Act of 1961 lengthened the authorization time frame for funding development assistance to five years, other programs were authorized for shorter periods. The act still required occasional reauthorization legislation to renew programs beyond that original time frame, and Congress retained its role of appropriating funds. The original act authorized the funding levels shown in Table 1.

Table 1. Foreign Assistance Act of 1961, as enacted
(P.L. 87-195; 22 U.S.C. 2151 et seq.; 75 Stat. 424)

Program Authorization

Funding Levels and Duration

Development assistance

1.2 billion for FY1962
$1.5 billion "for each of the next four succeeding years" [§202]

Development grants and technical cooperation

Not to exceed $380 million "for use beginning in the fiscal year 1962" [§212]

Investment guarantees

Not to exceed $90 million, through June 30, 1964 (fiscal years, at that time, ran July through June in a given year) [§221]

Surveys of investment opportunities

Not to exceed $5 million "for use beginning in fiscal year 1962" [§232]

Contributions to international organizations and programs

Not to exceed $153.5 million for fiscal year 1962 [§302]

Supporting assistance

Not to exceed $465 million "for use beginning in the fiscal year 1962" [§402]

Contingency fund

Not to exceed $300 million for fiscal year 1962 [§451]

Military assistance

Not to exceed $1.7 billion, "for use beginning in the fiscal years 1962 and 1963" [§504]

Through 1985, Congress regularly enacted new authorization legislation or amended the original act to update authorization time frames, and to incorporate newer programs and authorities. From 1986 on, however, Congress turned more frequently to enacting freestanding authorities that did not amend the 1961 act, and included language in annual appropriations measures to waive the requirement to keep authorizations current. Thus, sections in the Foreign Assistance Act of 1961, in many instances, do not refer to authorization beyond fiscal years 1986 and 1987 (unless the program was added to the act by an amendment enacted after that period), but programs are continued through appropriations.3

Other Authorizations

A few programs are established outside the statutory framework of the Foreign Assistance Act of 1961, and thus are not included in detail in this report.4 Reimbursable military exports, for example, are addressed in the Arms Export Control Act and subsequent Security Assistance Acts. Since 1985, the last year Congress passed a comprehensive reauthorization of the Foreign Assistance Act of 1961, both Congress and the President have promoted a variety of specialized authorities in freestanding legislation. And, on rare occasion, Congress has established new authorities or programs in annual appropriations acts. Some freestanding laws that authorize foreign aid or apply new conditions to aid authorized in the Foreign Assistance Act of 1961 are shown in Table 2.

Table 2. Selected Other Authorizations

Popular Name: Purpose

Citation

Arms Export Control Act, as amended:

—authorizes reimbursable military exports (arms sales, leases, loans)

P.L. 90-629; 22 U.S.C. 2751 et seq.; signed into law October 22, 1968

Trafficking Victims Protection Act of 2000, as amended:a

—authorizes $5.5 million for each of FY2008 through FY2011 to the Secretary of State for the Office to Monitor and Combat Trafficking, Senior Policy Operating Group, and implementation of reports, watchlists, assessments, certifications and determinations; authorizes an additional $1.5 million and $3 thousand for personnel and administrative expenses of the Office to Monitor and Combat Trafficking (§113(a));

—authorizes to the Secretary of State for each of FY2008 through FY2011: $10 million for prevention; $10 million for protection; $1 million for cooperation with international organizations; and $10 million for prosecution and meeting minimum standards (§113(c));

—authorizes $250,000 for each of FY2008 through FY2011 to the President, acting through the Attorney General and Secretary of State, "for training of law enforcement officers, prosecutors, and members of the judiciary ... at the International Law Enforcement Academies." (§113(d)(B));

—authorizes $15 million for each of FY2008 through FY2011 to the President for foreign victim assistance (§113(e)(1));

—authorizes $15 million for each of FY2008 through FY2011 to the President to assist foreign countries to meet minimum standards (§113(e)(2); see also §134, Foreign Assistance Act of 1961, as amended); and

—authorizes $2 million for each of FY2008 through FY2011 to the President for research (§113(e)(3)).

P.L. 106-386; 22 U.S.C. 7101 et seq.; signed into law October 28, 2000

United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, as amended:

—authorizes "in addition to any other funds authorized to be appropriated for bilateral or multilateral HIV/AIDS, tuberculosis, or malaria programs" to the President up to $2 billion for FY2009 and such sums as may be necessary for each of FY2010 through FY2013 for U.S. contributions to the Global Fund (§202(d)(1));

—authorizes $48 billion for FY2009 through FY2013 to the President for programs added to the Foreign Assistance Act of 1961 (§401; see also secs. 104A through 104C in the Foreign Assistance Act of 1961, as amended); and

—authorizes "such sums as may be necessary for the fiscal year 2004 and each fiscal year thereafter to carry out section 1625 of the International Financial Institutions Act" (relating to debt relief for the most heavily indebted countries) (§503).

P.L. 108-25; 22 U.S.C. 7601 et seq.; signed into law May 27, 2003

Millennium Challenge Act of 2003, as amended:

—authorizes "such sums as may be necessary for each of fiscal years 2004 and 2005" (§619).

Title VI of Division D of P.L. 108-199; 22 U.S.C. 7701 et seq.; signed into law January 23, 2004

North Korean Human Rights Act of 2004, as amended:

—authorizes $2 million for each of FY2005 through FY2012 for human rights and democracy programs (§102);

—authorizes $2 million for each of FY2005 through FY2012 for actions to promote freedom of information (§104); and

—authorizes $20 million for each of FY2005 through FY2012 in assistance to North Koreans outside of their country (§203).

P.L. 108-333; 22 U.S.C. 7801 et seq.; signed into law October 18, 2004

Iran Freedom Support Act:

—authorizes to the Secretary of State "such sums as may be necessary" for financial and political assistance to "foreign and domestic individuals, organizations, and entities working for the purpose of supporting and promoting democracy for Iran." (§302)

P.L. 109-293; 50 U.S.C. 1701 note; signed into law September 30, 2006

Democratic Republic of the Congo Relief, Security, and Democracy Promotion Act of 2006:

—authorizes "at least" $52 million in bilateral assistance for each of FY2006 and FY2007 to Congo (§103).

P.L. 109-456; 22 U.S.C. 2151 note; signed into law December 22, 2006

Energy Independence and Security Act of 2007:b

—authorizes $200 million for each of FY2008 through FY2012 to the Administrator of the U.S. Agency for International Development (USAID) to assist developing countries that promote clean and efficient energy technologies (§911(c));

—authorizes $5 million for each of FY2008 through FY2020 for work of a newly established Task Force on International Cooperation for Clean and Efficient Energy Technologies (§916(e)); and

—authorizes $20 million for each of FY2009 through FY2013 for work of a newly established International Clean Energy Foundation (§927).

P.L. 110-140; 42 U.S.C. 1731 et seq.; signed into law December 19, 2007

Foreign Operations Appropriations, 2008

—establishes the Development Grants Program within USAID to provide grants to U.S. and indigenous nongovernmental organizations to carry out development assistance and economic support fund provisions (§674).

P.L. 110-161; 121 Stat. 2356.; signed into law December 26, 2007

Supplemental Appropriations Act, 2009c

—establishes the Pakistan Counterinsurgency Capability Fund and appropriates $700 million for FY2009 and FY2010 "notwithstanding any other provision of law, for the purpose of providing assistance for Pakistan to build and maintain the counterinsurgency capability of Pakistani security forces" (title XI).

P.L. 111-32; 123 Stat. 1859 at 1895; signed into law June 24, 2009

Enhanced Partnership With Pakistan Act of 2009d

—authorizes $1.5 billion for each of FY2010 through FY2014 to the President to provide democratic, economic, and development assistance to Pakistan (title I); and

—authorizes "such sums as may be necessary for each of FY2010 through FY2014 to the President to provide International Military Education and Training (IMET), expanded IMET (E-IMET), foreign military financing (FMF) to Pakistan; and the Secretary of State is authorized funds to establish an exchange program with NATO and other countries for Pakistani military and civilian personnel (§202).

P.L. 111-73; 22 U.S.C. 8401 et seq.; signed into law October 15, 2009

National Defense Authorization Act for Fiscal Year 2012

—establishes the Global Security Contingency Fund and authorizations $350 million for FY2012 and $300 million for FY2013 and thereafter, to be shared between Department of State and Department of Defense, of which $75 million is authorized "To enhance the capacity of the national military forces, security agencies serving a similar defense function, and border security forces of Djibouti, Ethiopia, and Kenya to conduct counterterrorism operations against al-Qaeda, al-Qaeda affiliates, and al Shabaab" and "To enhance the capacity of national military forces participating in the African Union Mission in Somalia to conduct counterterrorism operations…."; and of which $75 million is authorized "To enhance the ability of the Yemen Minister of Interior Counter Terrorism Forces to conduct counter-terrorism operations against al-Qaeda in the Arabian Peninsula and its affiliates." Authority expires September 30, 2015 (§1207).

P.L. 112-81; 22 U.S.C. 2151 note; signed into law December 31, 2011

a. The Trafficking Victims Protection Act of 2000, as amended, also authorizes funds to the Secretaries of Health and Human Services, Labor, Homeland Security, the Federal Bureau of Investigation, and Attorney General, mostly for programs, assistance, and services related to U.S.-based trafficking victims.

b. The Energy Independence and Security Act of 2007 also authorizes "such sums as may be necessary for each of fiscal years 2008 through 2012" to the Secretary of Commerce to equip the Foreign Commercial Service to promote U.S. exports in clean and efficient energy technologies and "build the capacity of government officials in India, China and any other country the Secretary of Commerce determines appropriate", and to "direct the International Trade Administration to expand or create trade missions to and from the United States to encourage private sector trade and investment in clean and efficient energy technologies."

c. The Supplemental Appropriations Act, 2009 (title III; 123 Stat. 1864), also establishes the Pakistan Counterinsurgency Fund to be administered by the Secretary of Defense and appropriates $400 million to remain available until September 10, 2010. The two paragraphs authorize the Secretaries of State and Defense to coordinate and further authorizes funds to be available to be reprogrammed from one fund to the other and back again where required. Section 2112(b) of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L. 112-10; 125 Stat. 179) provides: "The authorities contained under the heading 'International Security Assistance, Funds Appropriated to the President, Pakistan Counterinsurgency Capability Fund' in title XI of P.L. 111-32 shall remain in effect until September 30, 2012."

d. The Enhanced Partnership With Pakistan Act of 2009 also authorizes the Secretary of State to continue using funds under terms stated in P.L. 111-32 relating to the Pakistan Counterinsurgency Capability Fund and further authorizes the transfer of funds, with concurrence of the Secretary of Defense, to and from the Department of Defense Pakistan Counterinsurgency Fund also established by that act.

Foreign Assistance Act of 1961: Authorities
and Appropriations

Table 3 presents the authorities enacted in the Foreign Assistance Act of 1961, as amended, and the corresponding appropriations that fund those authorities in the current foreign assistance appropriations act.

Authorization

The left-side column of Table 3 cites sections of the Foreign Assistance Act of 1961, as amended, that authorize programs, and provides the latest year for which authorization is enacted. Sections that establish a need for such a program—in the form of policy or finding statements, for example—are not cited. The Foreign Assistance Act of 1961 is organized in a conventional manner, however, so those sections that state policy, findings, program requirements, or implementing structure can be found in the text of the law in sections proximate to the authorizing section. All of the Foreign Assistance Act of 1961 is stated in the United States Code, beginning at 22 U.S.C. 2151. For each section that states the President's power to authorize funds, the relevant U.S. Code citation and year of enactment is included here. In nearly all cases, these sections have been substantially amended, or rewritten altogether, subsequent to enactment. This table reflects the language as amended.

Though the sections generally afford the President the authority to furnish whatever assistance the section establishes, Section 622(a) and (c) (22 U.S.C. 2382(a), (c)) of the act states that

Nothing contained in this Act shall be construed to infringe upon the powers or functions of the Secretary of State.... Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance, military assistance, and military education and training programs, including but not limited to determining where there shall be a military assistance (including civic action) or a military education and training program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby.

In many instances, the President has delegated his authority to the Secretary of State, the Administrator of the United States Agency for International Development, or some other appropriate office holder. Delegations of authority are to be found, either in whole text or as a reference, in the U.S. Code, at sections corresponding to the section of the Foreign Assistance Act of 1961 that states the relevant authority.

Appropriation

The right-side column of Table 3 states appropriations levels that correspond to the authorized program, as enacted in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of the Consolidated Appropriations Act, 2012; P.L. 112-74; 125 Stat. 786 at 1164).

The General Provisions title in an appropriations act usually states conditions for administering the appropriations. In Table 3, General Provisions sections that state conditionality and terms that might be applicable to the aid being provided are also listed, and a statute citation is provided to assist the reader who might wish to read in further detail. General Provisions measures that apply to the entire appropriations act are cited only at Chapter 1—Policy, Development Assistance Authorizations; they are numerous and apply to most authorities. Such General Provisions sections prohibit assistance for reasons relating to terrorism, military overthrows, and debt arrearages, to name a few.

Table 3. Foreign Assistance Act of 1961, as Amended: Authorizations and Corresponding Appropriations in Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012

Foreign Assistance Act of 1961, as amended
(P.L. 87-195; 22 U.S.C. 2151 et seq.)

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (Division I of P.L. 112-74; 125 Stat. 786 at 1164)

Part I
Chapter 1—Policy; Development Assistance Authorizations
Sec. 101 (22 U.S.C. 2151) through §135 (22 U.S.C. 2152h)

Title III—Bilateral Economic Assistance
Funds Appropriated to the President

Global Health Programs

For global health activities, appropriates, "in additional to funds otherwise available for such purposes": $2,625 million, "to remain available until September 30, 2013, and which shall be apportioned directly to the United States Agency for International Development (USAID)" (125 Stat. 1175).

In addition, "for the prevention, treatment, and control of, and research on, HIV/AIDS, $5,542,860,000, to remain available until September 30, 2016, which shall be apportioned directly to the Department of State" (125 Stat. 1177).

Development Assistance

Appropriates $2,519,950,000, to remain available until September 30, 2013, of which not less than $23 million is available for American Schools and Hospitals Abroad, $10 million is available for USAID cooperative development programs within the Office of Private eh Voluntary Cooperation (125 Stat. 1177).

 

See also, for conditions and terms:

§7007, prohibition on direct funding for Cuba, North Korea, Syria, or Iran (125 Stat. 1195); §7008, military coups d'etat (125 Stat. 1195); §7009(c), (d), and (e), limitations on transfers between agencies and between accounts (125 Stat. 1196); §7011, availability of funds (125 Stat. 1197); §7012, countries in default (125 Stat. 1198); §7013, prohibition on taxation (125 Stat. 1198); §7014, reserving and reprogramming funds (125 Stat. 1199); §7015, reprogramming notification requirements (125 Stat. 1200); §7017, limitations on funds related to statutory limits to U.S. participation in U.N. programs (125 Stat. 1202); §7018, prohibition on funding for abortions and involuntary sterilization (125 Stat. 1202); §7019, allocations (125 Stat. 1203); §7021, governments supporting international terrorism (125 Stat. 1203); §7025, commerce, trade and surplus commodities (125 Stat. 1205); §7026, separate accounts (125 Stat. 1206); §7027, eligibility for assistance (125 Stat. 1208); §7031, financial management and budget transparency (125 Stat. 1209); §7033, multi-year commitments (125 Stat. 1213); §7034, special provisions (125 Stat. 1213); §7036, Palestinian statehood (125 Stat. 1218); §7037, restrictions concerning the Palestinian Authority (125 Stat. 1219); §7039, West Bank and Gaza (125 Stat. 1220); §7040(f), prohibitions on assistance to Hamas and the Palestine Liberation Organization (125 Stat. 1222); §7041, Egypt, Lebanon, Iraq, Libya, Iran, Morocco, Syria, and Yemen (125 Stat. 1222); §7042, Serbia (125 Stat. 1226); §7043, Rwanda, Uganda, Ethiopia, Sudan, South Sudan, Sierra Leone, and Zimbabwe (125 Stat. 1227); §7044, Tibet, China, Burma, Cambodia, North Korea, and Vietnam (125 Stat. 1230); §7045, Colombia, regional trade capacity (125 Stat. 1232); §7046, Afghanistan, Pakistan, and regional cross border programs (125 Stat. 1234); §7047, prohibition on payments to U.N. members (125 Stat. 1240); §7050, community-based police assistance (125 Stat. 1242); §7052, aircraft transfer (125 Stat. 1242); §7054, landmines and cluster munitions demining equipment (125 Stat. 1243); §7057, U.S. Agency for International Development management (125 Stat. 1244); §7058, global health activities (125 Stat. 1245); §7059, prohibition on tobacco promotion (125 Stat. 1247); §7060, gender equality (125 Stat. 1247); §7061, gender-based violence (125 Stat. 1248); §7062, education, environment, food security and agriculture, reconciliation programs, trafficking in persons, water, and women's leadership capacity (125 Stat. 1248); §7063, Central Asia, particularly Uzbekistan (125 Stat. 1251); §7065, Overseas Private Investment Corporation funds transfer (125 Stat. 1252); §7066, international prison conditions (125 Stat. 1252); §7067, prohibition on the use of torture (125 Stat. 1252); §7070, independent states of the former Soviet Union (125 Stat. 1253); §7072, repression in the Russian Federation (125 Stat. 1255); §7074, disability programs (125 Stat. 1255); §7075, Enterprise Funds (125 Stat. 1256); §7077, procurement reform (125 Stat. 1256); §7078, operating and spend plans of various programs and accounts (125 Stat. 1257); §7085, U.N. Population Fund (125 Stat. 1264); and §7086, limitations relating to the Palestinian Authority and Middle East peace (125 Stat. 1264).

§103. Agriculture, Rural Development, and Nutrition. (22 U.S.C. 2151a; added to the act in 1973.) Authorizes the President "to furnish assistance ... for agriculture, rural development, and nutrition...to alleviate starvation, hunger, and malnutrition;...to expand...the provision of basic services to rural poor people...to help create productive farm and off-farm employment in rural areas to provide a more viable economic base". Includes authority to strengthen local institutions, organize financial savings and credit institutions, and improve infrastructure (subsection (b)). Authorizes emphasis on forest protection and restoration (subsection (b)(3); added in 1979). Authorizes the President to continue U.S. participation in multilateral institutions related to agricultural development (subsection (g); added in 1981). Funds are authorized for fiscal years 1986 and 1987 (subsection (a)(2)).

 

§104. Population and Health. (22 U.S.C. 2151b; added in 1983.) Authorizes the President to furnish assistance "for voluntary population planning." (subsection (b)). Authorizes the President to furnish assistance for health programs (subsection (c)), including the special needs of children and mothers (subsection (c)(2)), including primary health care, immunization, and rehydration (subsection (c)(3); added in 1985). "Appropriations pursuant to [subsection (c)(2)(B)] may be referred to as the 'Child Survival fund'." (subsection (c)(2)(C); added in 1984). Funds are authorized for fiscal years 1986 and 1987 (subsection (g)).

See Part I, above.

§104A. Assistance to Combat HIV/AIDS. (22 U.S.C. 2151b-2; added in 2003.) Authorizes the President to furnish assistance for the prevention, treatment, and monitoring of HIV/AIDS.

See Part I, above. In addition to the $2.625 billion made available for global health programs, "$5,542,860,000, to remain available until September 30, 2016, which shall be apportioned directly to the Department of State" with a recommendation that the U.S. contribution to the Global Fund should be $1.05 billion, that up to 5 % "of the aggregate amount of funds made available to the Global Fund in fiscal year 2012 may be made available to USAID for technical assistance related to the activities of the Global Fund", and that $14.25 million may be used for administrative purposes of the Office of the U.S. Global AIDS Coordinator (125 Stat. 1177).

§104B. Assistance to Combat Tuberculosis. (22 U.S.C. 2151b-3; added in 2003.) Authorizes the President to furnish assistance "for the prevention, treatment, control, and elimination of tuberculosis" (subsection (c)).

 

§104C. Assistance to Combat Malaria. (22 U.S.C. 2151b-4; added in 2003.) Authorizes the President to furnish assistance "for the prevention, treatment, control, and elimination of malaria" (subsection (c)).

 

§105. Education and Human Resources Development. (22 U.S.C. 2151c; added in 1973.) Authorizes the President to furnish assistance "for education, public administration, and human resource development" (subsection (a)). Funds are authorized for fiscal years 1986 and 1987 (subsection (a)).

See part I, above.

§7062(a) allocates not less than $800 million from title III for basis education, "of which not less than $288,000,000 should be made available under the heading 'Development Assistance'." It further allocates not less than $200 million for higher education, of which $25 million shall be committed to programs in Africa (125 Stat. 1248).

§106. Energy, Private Voluntary Organizations, and Selected Development Activities. (22 U.S.C. 2151d; added in 1975.) Authorizes the President to furnish assistance for the development of energy resources, cooperative programs in energy production and conservation, (subsection (b)); and a range of programs of technical cooperation, reconstruction, special development of infrastructure in the poorest countries, and urban development (subsection (d)). Funds are authorized for fiscal years 1986 and 1987 (subsection (e)); funds are authorized for appropriations for cooperative projects among the United States, Israel, and developing countries (subsection (f); added in 1985).

 

§116. Human Rights. (22 U.S.C. 2151n; added in 1975.) The President is authorized to use not less than $3 million in Development Assistance, Development Fund for Africa, and Economic Support Fund appropriations "for studies to identify, and for...carrying out, programs and activities which will encourage or promote increased adherence to civil and political rights, including the right to free religious belief and practice" (subsection (e)).

§117. Environment and Natural Resources. (22 U.S.C. 2151p; added in 1977.) The President is authorized to furnish assistance "for developing and strengthening the capacity of developing countries to protect and manage their environment and natural resources" (subsection (b)).

 

§119. Endangered Species. (22 U.S.C. 2151q; added in 1983.) The President is authorized to furnish assistance "to assist countries in protecting and maintaining wildlife habitats and in developing sound wildlife management and plant conservation programs" (subsection (b)).

 

§122. General Authorities. (22 U.S.C. 2151t; added in 1978.) "In order to carry out the purposes of this chapter, the President is authorized to furnish assistance...to countries and areas through programs of grant and loan assistance, bilaterally or through regional, multilateral, or private entities" (subsection (a)). "The President is authorized to make loans...in order to promote the economic development of countries and areas, with emphasis upon assisting long range plans and programs designed to develop economic resources and increase productive capacities" (subsection (b)).

 

§129. Program To Provide Technical Assistance To Foreign Governments and Foreign Central Banks of Developing or Transitional Countries. (22 U.S.C. 2151aa; added in 1998.) The Secretary of the Treasury, in consultation with the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID), "is authorized to establish a program to provide technical assistance to foreign governments and foreign central banks of developing countries in transitional countries" (subsection (a)(1)). Funds are authorized for fiscal year 1999 (subsection (j)).

Title III—Bilateral Economic Assistance
Department of the Treasury
International Affairs Technical Assistance

Appropriates $25.448 million to remain available until September 30, 2014 (125 Stat. 1183).

Title VIII—Overseas Contingency Operations/Global War on Terrorism
Department of the Treasury
International Affairs Technical Assistance

Appropriates an additional $1.552 million in emergency funds to remain available until September 30, 2013 (125 Stat. 1268).

§130. Assistance for Victims of Torture. (22 U.S.C. 2152; added in 1998.) The President is authorized to furnish assistance, in the form of grants, for the rehabilitation of victims of torture.

 

§133. Programs To Encourage Good Governance. (22 U.S.C. 2152c; added in 2000.) "The President is authorized establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in countries" eligible to receive assistance under the Foreign Assistance Act of 1961 or the Support for East European Democracy (SEED) Act of 1989 (subsection (a)).

 

§134. Assistance To Foreign Countries To Meet Minimum Standards for the Elimination of Trafficking. (22 U.S.C. 2152d; added in 2000.) The President is authorized to furnish assistance "to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities designed to" eliminate the trafficking of persons.

§7034(a), addressing victims of war, displaced children, and displaced Burmese, Displaced Burmese, provides that "Funds appropriated in titles III and VI of this Act that are made available … and to assist victims of trafficking in persons and, subject to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law" (125 Stat. 1213).

§7062(g) provides that "Of the funds appropriated … under the headings 'Development Assistance', 'Economic Support Fund', 'International Narcotics Control and Law Enforcement', and 'Assistance for Europe, Eurasia and Central Asia' not less than $36,000,000 shall be made available for activities to combat trafficking in persons internationally." (125 Stat. 1251).

See also §7061, gender-based violence (125 Stat. 1248), and §7070, independent states of the former Soviet Union (125 Stat. 1253).

§135. Assistance for Orphans and Other Vulnerable Children. (22 U.S.C. 2152f; added in 2005.) The President is authorized to furnish assistance "to provide basic care and services for orphans and other vulnerable children" (subsection (c)). The President "shall establish a monitoring and evaluation system to measure the effectiveness of United States assistance to orphans and other vulnerable children" (subsection (d)). Such sums as may be necessary are authorized for fiscal years 2006 and 2007 (subsection (f)).

 

§135. Assistance To Provide Safe Water and Sanitation. (22 U.S.C. 2152b; added in 2005.) "[T]he President is authorized to furnish assistance for programs in developing countries to provide affordable and equitable access to safe water and sanitation" (subsection (b)). "The President may use payments made in local currencies...under title I of the Food for Peace Act...to provide assistance under this section" (subsection (d)).

No appropriations required; funded by the collection of payments in local currencies under title I of the Food for Peace Act.

§7062(g) provides "not less than $315,000,000 … for water and sanitation supply projects pursuant to the Senator Paul Simon Water for the Poor Act of 2005 (P.L. 109-121)" (125 Stat. 1251).

Chapter 2—Other Programs
§206 through §300
Title II—American Schools and Hospitals Abroad; Prototype Desalting Plant
§214 (22 U.S.C. 2174) and §219 (22 U.S.C. 2179)

 

§214. American Schools and Hospitals Abroad. (22 U.S.C. 2174; in original act.) The President is authorized to furnish assistance "to schools and libraries outside the United States founded or sponsored by United States citizens and serving as study and demonstration centers for ideas and practices of the United States" (subsection (a)). The President is authorized to furnish assistance to "hospital centers for medical education and research outside the United States, founded or sponsored by United States citizens" (subsection (b)). Funds are authorized for fiscal years 1986 and 1987 (subsection (c)).

See Part I, above, of which not less than $23 million is available for American Schools and Hospitals Abroad program (125 Stat. 1177).

§219. Prototype Desalting Plant. (22 U.S.C. 2179; added in 1969.) The President is authorized "to participate in the development of a large-scale water treatment and desalting prototype plan ... in Israel.... Such participation shall include financial, technical, and such other assistance as the President deems appropriate" (subsection (a)).

 

Title III—Housing and Other Credit Guaranty Programs
§221 (22 U.S.C. 2181) through §226 (22 U.S.C. 2186)

 

§222. Authorization. (22 U.S.C. 2182; added in 1969, originally as a housing program for Latin America; restated in 1978.) The President is authorized "to issue guaranties to eligible investors" (subsection (a)) committed to assisting "developing countries in marshalling resources for low-cost shelter" (§221). Authority sunsets at the end of fiscal year 1992.

 

Sec. 222A. Agricultural and Productive Credit and Self-Help Community Development Programs. (22 U.S.C. 2182a; added in 1974.) USAID is authorized "to issue guaranties ... to private lending institutions, cooperatives, and private nonprofit development organizations...to carry out agricultural credit and self-help community development projects" (subsection (b)). The Inter-American Foundation plays a role when guaranty coverage is directed to Latin America (subsection (d)); the Overseas Private Investment Corporation (OPIC) plays an administrative role through mid-1976 (subsection (f)), and for the transferring of predecessor programs it initiated (subsection (g)). Authority sunsets at the end of fiscal year 1988.

 

Sec. 224. Trade Credit Insurance Program for Central America. (22 U.S.C. 2184; added in 1984.) USAID is authorized "to provide guarantees to the [Export-Import] Bank for liabilities to be incurred by the Bank in connection with guarantees or insurance...for financing for transactions involving the export of goods and services for the use of the private sector in Central American countries" (subsection (a)). Authority sunsets at the end of fiscal year 1991 (subsection (c)).

 

Sec. 225. Trade Credit Insurance Program for Poland. (22 U.S.C. 2185; added in 1989.) The President is authorized "to provide guarantees to the [Export-Import] Bank" to cover certain liabilities related to "the export goods and services for the use of the private sector in Poland" (subsection (a)). Authority sunsets at the end of fiscal year 1992 (subsection (l)).

 

Sec. 226. Loan Guarantees To Israel Program. (22 U.S.C. 2186; added in 1992.) The President is authorized "to issue guarantees against losses incurred in connection with loans to Israel made as a result of" resettling immigrants from the former Soviet Union, Ethiopia, and elsewhere (subsecs. (a), (b)). Authority sunsets at the end of fiscal year 1997 (subsection (a)).

 

Title IV—Overseas Private Investment Corporation
(Sec. 231 (22 U.S.C. 2191) through §240B (22 U.S.C. 2200b))

Title VI—Export and Investment Assistance
Overseas Private Investment Corporation

Noncredit account: makes available not to exceed $54.99 million without fiscal year limitations.

Program account: appropriates $25 million, "to be derived by transfer from the Overseas Private Investment Corporation Noncredit Account". Funds are available for direct loan obligations and loan guaranty commitments for fiscal years 2012 through 2014; funds obligated in those fiscal years remain available for disbursement through 2020, 2021, and 2022, respectively (125 Stat. 1192).

See also, for terms and conditions: §7025, commerce, trade, and surplus commodities (125 Stat. 1205); §7065, OPIC (125 Stat. 1252), and §7070, independent states of the former Soviet Union (125 Stat. 1253).

Sec. 231. Creation, Purpose, and Policy. (22 U.S.C. 2191; added in 1969.) Creates the Overseas Private Investment Corporation (OPIC) "to mobilize and facilitate the participation of United States private capital and skills in the economic and social development of less developed countries and areas, and countries in transition from nonmarket to market economies", and puts it "under the policy guidance of the Secretary of State."

 

Sec. 232. Capital of the Corporation. (22 U.S.C. 2192; added in 1969.) The President is authorized to pay in capital to stand up OPIC from receipts received under the Mutual Security Act of 1954, for fiscal years 1970 and 1971.

 

Sec. 234. Investment Insurance and Other Programs. (22 U.S.C. 2194; added in 1969.) OPIC is authorized to issue insurance (subsection (a)), guarantee loans and investments (subsection (b)), make direct investments (subsection (c)), encourage investment (subsection (d)), manage special activities (subsection (e)), finance other insurance functions (subsection (f)), establish a pilot program on equity financing, added in 1988 and to run for 4 years (subsection (g)), and issue local currencies guarantees (subsection (h)).

 

Sec. 235. Issuing Authority, Direct Investment Authority and Reserves. (22 U.S.C. 2195; added in 1969.) Authority for §234(a), (b), and (c) is stated here, and "shall continue until 2007". (subsection (a)). Establishes a noncredit revolving fund (subsection (c)). Authorizes transfers of funds from predecessor authorities (subsection (e)). Authorizes funds to replenish or increase the noncredit account revolving fund (subsection (f)).

 

Title VI—Microenterprise Development Assistance
Subtitle A—Grant Assistance
Sec. 251 (22 U.S.C. 2211) through §255 (22 U.S.C. 2211d)

§7062(e) provides "not less than $265 million should be made available for "microenterprise and microfinance development programs for the poor, especially women" (125 Stat. 1250).

Sec. 252. Authorization; Implementation; Targeted Assistance. (22 U.S.C. 2211a; added in 2004.) The President is authorized to provide assistance "for programs in developing countries to include the availability of credit, savings, and other services to microfinance and microenterprise clients lacking full access to capital, training, technical assistance, and business development services" (subsection (a)).

 

Sec. 256. Microenterprise Development Credits. (22 U.S.C. 2212; added in 1983 as §108; transferred to Microenterprise title in 2004.) The President is authorized "to provide assistance to increase the availability of financial services to microenterprise households lacking full access to credit" (subsection (a)). Funds are authorized through fiscal year 2009 (subsection (f)).

Title III—Bilateral Economic Assistance
Funds Appropriated to the President

Development Credit Authority

Appropriates, for this section and §635, up to $40 million to be derived by transfer from funds appropriated for Part I and from funds intended for "Assistance for Europe, Eurasia, and Central Asia" (125 Stat. 1179).

Appropriates $8.3 million for administrative expenses for USAID to carry out credit programs to remain available until September 30, 2014 (125 Stat. 1179).

See also, for conditions and terms: §7011, availability of funds (125 Stat. 1197).

Subtitle C—United States Microfinance Loan Facility
Sec. 257 (22 U.S.C. 2213)

 

Sec. 257. United States Microfinance Loan Facility. (22 U.S.C. 2213; added in 2000.) The USAID Administrator is authorized "to establish a United States Microfinance Loan Facility...to pool and manage the risk from natural disasters, war or civil conflict, national financial crisis, or short-term financial movements that threaten the long-term development of United States-supported microfinance institutions" (subtitle (a)). Funds are authorized through fiscal year 2009 (subsection (d)).

 

Title XII—Famine Prevention and Freedom From Hunger
Sec. 296 (22 U.S.C. 2220a) through §300 (22 U.S.C. 2220e)

 

Sec. 297. General Authority. (22 U.S.C. 2220b; added in 1975.) The President is authorized to furnish assistance through U.S. universities to build "capacity and human resources skills of agriculturally developing countries..., provide long-term program support..., involve United States universities more fully in the international network of agricultural science..., and...provide program support for international agricultural research centers" (subsection (a)).

See Part I, above.

Sec. 299. Authorization. (22 U.S.C. 2220d; added in 1975.)) The President is authorized to use Development Assistance funds for these purposes.

 

Chapter 3—International Organizations and Programs
Sec. 301 (22 U.S.C. 2221) through §307 (22 U.S.C. 2227)

Title V—Multilateral Assistance
Funds Appropriated to the President

International Organizations and Programs

Appropriates $348.705 million for this chapter and for §2 of the U.N. Environment Program Participation Act of 1973, of which up to $10 million may be made available for the Intergovernmental Panel on Climate Change (P.L. 93-188; 87 Stat. 713) (125 Stat. 1188).

See also, for terms and conditions: §7017, limitation on availability of funds for international organizations and programs (125 Stat. 1202); §7047, prohibition of payments to united nations members (125 Stat. 1240); §7049, United Nations (125 Stat. 1240); §7051, attendance at international conferences (125 Stat. 1242); and §7085, U.N. Population Fund (125 Stat. 1264).

Sec. 301. General Authority. (22 U.S.C. 2221; in original act.) The President is authorized "to make voluntary contributions on a grant basis to international organizations and ... programs" (subsection (a)).

 

Sec. 302. Authorization. (22 U.S.C. 2222; in original act.) Funds are authorized for fiscal years 1986 and 1987 (subsection (a)). Funds for Indus Basin Development are authorized beginning in fiscal year 1969 (subsection (b)), and for fiscal years 1974 through 1976 (subsection (c)). Additional funds are authorized for the International Atomic Energy Agency (IAEA) for fiscal years 1976 and 1977 (subsection (I)). Additional funds are authorized for multilateral and regional drug abuse control programs for fiscal year 1989 (subsection (j)). Additional funds are authorized for U.S. contributions to the Vaccine Fund, the International AIDS Initiative, and the Malaria Vaccine Initiative, for fiscal years 2004 through 2008 (subsecs. (k), (l), and (m), respectively).

 

Chapter 6—Central America Democracy, Peace, and Development Initiative
Sec. 461 (22 U.S.C. 2271) through §466 (22 U.S.C. 2276)

 

Sec. 465. Authorization for Fiscal Years 1988 and 1989. (22 U.S.C. 2275; added in 1985.) The President is authorized an additional $1.2 million for fiscal years 1988 and 1989 for nonmilitary assistance for Central American countries.

 

Chapter 7—Debt-For-Nature Exchanges
Sec. 461 [sic] (22 U.S.C. 2281) through §466 [sic] (22 U.S.C. 2286)

 

Sec. 462. Assistance for Commercial Debt Exchanges. (22 U.S.C. 2282; added in 1989.) The USAID Administrator is authorized to furnish assistance to facilitate debt-for-nature swaps.

See §7030, debt-for development (125 Stat. 1209) and §7032, authority to engage in debt buybacks or sales (125 Stat. 1212).

Chapter 8—International Narcotics Control
Sec. 481 (22 U.S.C. 2291) through §490 (22 U.S.C. 2291j)

Title IV—International Security Assistance
Department of State

International Narcotics Control and Law Enforcement

Appropriates $1,061.1 million, to remain available until September 30, 2013, of which $5 million "should be made available to combat piracy of United states copyrighted materials, consistent with the requirements of section 688(a)( and (b)" of the State/Foreign Operations Appropriations, 2008 (P.L. 110-161) (125 Stat. 1184).

Title VIII appropriates an additional $983.605 million in emergency funds for International Narcotics Control and Law Enforcement to remain available until September 30, 2013 (125 Stat. 1268).

See also, for terms and conditions: §7015, notification requirements (125 Stat. 1201); §7034(o), special provisions relating to government expenditures (125 Stat. 1217); §7045, Western Hemisphere (125 Stat. 1232) (particularly subsec. (a), relating to Colombia); §7046, South Asia (125 Stat. 1234) (particularly subsec. (a), relating to Afghanistan, and subsec. (c), relating to Pakistan); §7052, aircraft transfer and coordination (125 Stat. 1242); §7061, gender-based violence (125 Stat. 1248); §7062(g), special allocations relating to trafficking in persons (125 Stat. 1251); and §7068, extradition (125 Stat. 1253).

Sec. 481. Policy, General Authorities, Coordination, Foreign Police Actions, Definitions, and Other Provisions. (22 U.S.C. 2291; added in 1971.) The President is authorized to furnish assistance "for the control of narcotic and psychotropic drugs and other controlled substances, or for other anticrime purposes" (subsection (a)(4)).

 

Sec. 482. Authorization. (22 U.S.C. 2291a; added in 1972.) Funds are authorized to be appropriated for fiscal years 1993 and 1994 (subsection (a)(1). "The President is authorized to accept contributions from foreign governments (subsection (c)(2)). The President is authorized to provide assistance ... on a reimbursable basis" (subsection (c)(3)).

 

Chapter 9—International Disaster Assistance
Sec. 491 (22 U.S.C. 2292) through §495K (22 U.S.C. 2292q)

Title III—Bilateral Economic Assistance
Funds Appropriated to the President

International Disaster Assistance

Appropriates $825 million, to remain available until expended (125 Stat. 1178).

Transition Initiatives

Appropriates $50.141 million, to remain available until expended, "pursuant to section 491 of the Foreign Assistance Act of 1961,…to remain available until expended, to support transition to democracy and to long-term development of countries in crisis". Authorizes the reprogramming of up to $15 million from Part I (development assistance and other nonmilitary programs) for transition assistance if the Secretary of State determines it is important to the national interests to do so (125 Stat. 1178).

See also, for conditions and terms: §7034(d), special authorities relating to disarmament, demobilization, and reintegration (125 Stat. 1213).

Title VIII—Overseas Contingency Operations/Global War on Terrorism

Bilateral Economic Assistance

Funds Appropriated to the President

International Disaster Assistance

Appropriates an additional $150 million in emergency funds to remain available until September 30, 2013 (125 Stat. 1267).

Transition Initiatives

Appropriates an additional $6.554 million in emergency funds to remain available until September 30, 2013 (125 Stat. 1268).

Sec. 491. Policy and General Authority. (22 U.S.C. 2292; added in 1975, though an earlier section, added in 1971 and subsequently repealed, authorized assistance for refugee relief.) The President is authorized to furnish assistance for international disaster relief (subsection (b)).

 

Congress enacted subsequent sections in chapter 9 to authorize additional international disaster assistance for a short period in response to particular events. All of the following should be considered historical, though in some sections a finite period for funds to be available is not stated:

Sec. 494. Disaster Relief Assistance. (22 U.S.C. 2292c; added in 1974.) Additional funds are authorized for disaster relief and emergency recovery needs in Pakistan and Nicaragua.

Sec. 495. Cyprus Relief and Rehabilitation. (22 U.S.C. 2292f; added in 1975.) Additional funds for relief for "refugees and other needy people".

Sec. 495B. Italy Relief and Rehabilitation. (22 U.S.C. 2292h; added in 1976.) Additional funds for fiscal year 1976 for earthquake relief in Italy (subsection (a)). Additional funds for fiscal year 1978 for earthquake relief in Italy (subsection (b)). Additional funds for fiscal year 1981 for earthquake relief in Italy (subsection (d)).

Sec. 495C. Lebanon Relief and Rehabilitation. (22 U.S.C. 2292i; added in 1976.) Additional funds for relief to "refugees and other needy people in Lebanon" as a result of civil strife (subsection (a)).

Sec. 495D. Romanian Relief and Rehabilitation. (22 U.S.C. 2292j; added in 1977.) Additional funds in fiscal year 1977 for earthquake relief in Romania (subsection (a), (b)).

Sec. 495E. Turkey Relief, Rehabilitation, and Reconstruction. (22 U.S.C. 2292k; added in 1977.) The President is "requested to use ... funds made available under section 492" for earthquake relief in Turkey.

Sec. 495F. African Rehabilitation and Resettlement. (22 U.S.C. 2292l; added in 1978.) Additional fund in fiscal year 1981 for relief to victims of civil strife in the developing countries of Africa.

Sec. 495G. Special Caribbean Hurricane Relief Assistance. (22 U.S.C. 2292m; added in 1979.) Additional funds in fiscal year 1980 for relief to Central American victims of recent hurricanes.

Sec. 495H. Cambodian Disaster Relief Assistance. (22 U.S.C. 2292n; added in 1979.) Additional funds in response to conditions of disease and famine in Cambodia.

Sec. 495I. Assistance for Displaced Persons in Central America. (22 U.S.C. 2292o; added in 1981.) Additional funds in fiscal years 1982 and 1983 for displaced persons in El Salvador, and for resettlement of Haitians in Belize.

 

Sec. 495J. Lebanon Emergency Relief, Rehabilitation, and Reconstruction Assistance. (22 U.S.C. 2292p; added in 1981.) Additional funds in response to "recent strife in Lebanon".

Sec. 495K. African Famine Assistance. (22 U.S.C. 2292q; added in 1985.) Additional funds in fiscal year 1985 for famine relief in Africa.

 

Chapter 10—Development Fund for Africa
(Sec. 496 (22 U.S.C. 2293) and §497 (22 U.S.C. 2294))

See Part I, above.

Sec. 496. Long-Term Development Assistance for Sub-Saharan Africa. (22 U.S.C. 2293; added in 1990.) "The President is authorized to furnish ... assistance...for long-term development in sub-Saharan Africa" (subsection (b)). Any reference in law to Development Assistance should be understood to also mean assistance under this chapter (subsection (d)). "[A]ssistance...shall emphasize" economic reform, protection of vulnerable groups, democratization, conflict resolution (subsection (h)), agricultural production, natural resource development, health, voluntary family planning, education, income-generating opportunities (subsection (I)), regional integration (subsection (l)), and support to sectors supported by the Southern Africa Development Coordination Conference (SADCC) (subsection (o)).

 

Sec. 497. Authorizations of Appropriations for the Development Fund for Africa. (22 U.S.C. 2291; added in 1990.) Authorizes funds to remain available until expended.

 

Chapter 11—Support for the Economic and Democratic Development of the Independent States of the Former Soviet Union
Sec. 498 (22 U.S.C. 2295) through §498C (22 U.S.C. 2295c)

Title III—Bilateral Economic Assistance
Funds Appropriated to the President

Assistance for Europe, Eurasia and Central Asia

Appropriates $626.718 million, to remain available until September 30, 2013, for "the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act, and the Support for East European Democracy (SEED) Act of 1989 … which shall be available, notwithstanding any other provision of law, for assistance and for related programs for countries identified in section 3 of the FREEDOM Support Act and section 3(c) of the SEED Act: … Provided further, That funds made available for the Southern Caucasus region may be used for confidence-building measures and other activities in furtherance of the peaceful resolution of conflicts, including in Nagorno-Karabakh." (125 Stat. 1180).

See also, for terms and conditions: §7011, availability of funds (125 Stat. 1197); §7015(c), reprogramming notification requirements (125 Stat. 1201); §7027, eligibility for assistance (125 Stat. 1207); §7057, USAID management (125 Stat. 1244); §7062(g), sector allocations relating to trafficking in persons (125 Stat. 1251); §7070, independent states of the former Soviet Union (125 Stat. 1253); and §7072, repression in the Russian Federation (125 Stat. 1255).

Sec. 498. Assistance for the Independent States. (22 U.S.C. 2295; added in 1992.) "The President is authorized to provide assistance to the independent states of the former Soviet Union" for urgent humanitarian needs, democracy and rule of law programs, developing an independent media, developing private enterprise, promoting trade and investment, promoting market-based distribution of agriculture, strengthening health and human services, reforming education, promoting market-based pricing for energy, implementing civilian nuclear reactor safety, enhancing environmental protections and conservation, improving transportation, promoting illicit drug control, and protecting refugees, migrants and the displaced.

 

Sec. 498C. Authorization of Appropriations. (22 U.S.C. 2295c; added in 1992.) Authorizes funds for fiscal year 1993.

 

Chapter 12—Support for the Economic and Political Independence of the Countries of the South Caucasus and Central Asia
Sec. 499 (22 U.S.C. 2296) through §499F (22 U.S.C. 2296f)

See authorization in chapter 11, above.

Sec. 499. United States Assistance To Promote Reconciliation And Recovery From Regional Conflicts. (22 U.S.C. 2296; added in 1999.) "[T]he President is authorized to provide humanitarian assistance and economic reconstruction assistance for the countries of the South Caucasus and Central Asia" (subsection (a)) "(1) ... for humanitarian needs of victims of the conflicts; (2) facilitating the return of refugees and internally displaced persons to their homes; and (3) assisting in the reconstruction of residential and economic infrastructure destroyed by war" (subsection (c)).

 

Sec. 499A. Economic Assistance. (22 U.S.C. 2296a; added in 1999.) The President is authorized to furnish assistance to the region (subsection (b)) to "support the development of the structures and means necessary for the growth of private sector economies" (subsection (c)).

 

Sec. 499B. Development of Infrastructure. (22 U.S.C. 2296b; added in 1999.) Authorizes the Export-Import Bank, Overseas Private Investment Corporation, and Trade and Development Agency (subsection (b)) to support "the participation of United States companies and investors in the planning, financing, and construction of infrastructure for communications, transportation, ... and energy and trade" (subsection (c)).

 

Sec. 499C. Border Control Assistance. (22 U.S.C. 2296c; added in 1999.) The President is authorized to furnish assistance (subsection (b)) for maintaining "national border guards, coast guard, and customs controls" (subsection (c)).

 

Sec. 499D. Strengthening, Tolerance, and the Development of Civil Society. (22 U.S.C. 2296d; added in 1999.) The President is authorized to furnish assistance for the development of democracy, nongovernmental organizations, independent media, rule of law, independent judiciary, transparency in both governance and commerce, international exchanges, the training of professionals, and adherence to civil and political rights (subsection (b)).

 

Part II
Chapter 1—Policy
Sec. 501 (22. U.S.C. 2301) through §502B (22 U.S.C. 2304)

 

Chapter 2—Military Assistance
Sec. 503 (22 U.S.C. ) through §517 (22 U.S.C. )

 

Sec. 503. General Authority. (22 U.S.C. 2311; in original act, though substantially restated in 1973.) "The President is authorized to furnish military assistance ... to any friendly country or international organization, the assisting of which the President finds will strengthen the security of the United States and promote world peace and which is otherwise eligible to receive such assistance" (subsection (a)).

 

Sec. 504. Authorization. (22 U.S.C. 2312; in original act, though substantially restated in 1985.) Authorizes funds for fiscal years 1986 and 1987.

 

Sec. 506. Special Authority. (22 U.S.C. 2318; in original act, though substantially restated in 1976, 1979.) The President is authorized to draw down defense articles, not to exceed $100 million (or, in some select instances, $200 million), to meet unforeseen emergencies (subsection (a)). The President is authorized such sums as may be necessary to reimburse the appropriation from which he has drawn down (subsection (d)).

 

Sec. 516. Authority to Transfer Excess Defense Articles. (22 U.S.C. 2321j; in original act, though substantially restated in 1995.) "The President is authorized to transfer excess defense articles to countries for which receipt of such articles was justified" (subsection (a)). "The aggregate value of excess defense articles transferred ... in any fiscal year may not exceed $425,000,000" (subsection (g)).

See also, for conditions and terms: §7016, notification on excess defense equipment (125 Stat. 1202).

Chapter 3—Foreign Military Sales
Sec. 524 (22 U.S.C. 2344)

 

Chapter 4—Economic Support Fund
Sec. 531 (22 U.S.C. 2346) through §534 (22 U.S.C. 2346c)

Title III—Bilateral Economic Assistance
Funds Appropriated to the President

Economic Support Fund

(125 Stat. 1179)

Appropriates $3,001.745 million for Economic Support Fund programs to remain available until September 30, 2013, of which:

  • $250 million is available to Egypt, including not less than $35 million for education of which not less than $10 million is for scholarships (see also 7041(a)(3));
  • Funds available to Cyprus shall be only for scholarships, bicommunal programs, reunification and peace efforts, and related administrative expenses;
  • $12 million is available to Lebanon for scholarships at not-for-profit educational institutions;
  • Not less than $360 million is available to Jordan;
  • Up to $30 million in loan guarantees appropriated to Tunisia in FY 2011 are authorized to be provided, and "shall not be considered 'assistance' for the purposes of provisions of law limiting assistance to a country";
  • Not less than $179 million is apportioned to USAID "for alternative development/institution building programs in Colombia", and of the assistance made available to Colombia, not less than $7 million "shall be transferred to, and merged with, funds appropriated under the heading 'Migration and Refugee Assistance' and shall be made available only for assistance to nongovernmental and international organizations that provide assistance to Colombian refugees in neighboring countries"; and
  • The Secretary of State, in consultation with the Secretary of the Treasury and the Committees on Appropriations, may transfer up to $200 million to "Multilateral Assistance, Funds Appropriated to the President, International Financial Institutions".
  • Title VIII appropriates an additional $2,761.462 million in emergency funds for Economic Support Fund, to remain available until September 30, 2013 (125 Stat. 1268).

See also, for terms and conditions relating to Economic Support Fund: §7009, transfer authority (125 Stat. 1196); §7011, availability of funds (125 Stat. 1197); §7015, notification requirements (125 Stat. 1200); §7019, allocations (125 Stat. 1203); §7020, prohibition of payment of certain expenses (125 Stat. 1203); §7021, prohibition on assistance to governments supporting international terrorism (125 Stat. 1203); §7023, definition of program, project, and activity (125 Stat. 1204); §7026, separate accounts (125 Stat. 1206); §7027, eligibility for assistance (125 Stat. 1207); §7034(d) and (e), special authorities relating to disarmament, demobilization, and reintegration, and research and training (125 Stat. 1213, 1214); §7039, assistance for the West Bank and Gaza (125 Stat. 1220); §7040, limitation on assistance for the Palestinian Authority (125 Stat. 1221); §7041, Near East (125 Stat. 1222); §7043, Africa (125 Stat. 1227); §7044, Asia (125 Stat. 1230); §7045, Western Hemisphere (125 Stat. 1232); §7046, South Asia (125 Stat. 1234); §7050, community-based police assistance (125 Stat. 1242); §7057(g), USAID management, relating to personal services contractors (125 Stat. 1245); §7061, gender-based violence (125 Stat. 1248); §7062(f), sector allocations, relating to reconciliation programs (125 Stat. 1250); §7066, international prison conditions (125 Stat. 1252); §7067, prohibition on use of torture (125 Stat. 1252); §7074, disability programs (125 Stat. 1255); and §7086, limitations relating to the Middle East (125 Stat. 1264).

 

Funding for the Foreign Military Financing Program is authorized pursuant to §23, Arms Export Control Act (See Table 2). P.L. 112-74 provides:

Foreign Military Financing Program

125 Stat. 1186

Appropriates $5,210 million for Foreign Military Financing, of which:

  • Not less than $3,075 million in grants is available to Israel, to be disbursed within 30 days, and of which not less than $808.725 million is available for defense articles and defense services including research and development
  • $1,300 million in grants is available to Egypt, including for border security efforts in Sinai, and may be transferred to an interest bearing account; and
  • $300 million is available to Jordan.
  • Title VIII appropriates an additional $1,102 million in emergency funds for FMF programs to remain available until September 30, 2013 (125 Stat. 1269).

See also, for terms and conditions relating to Foreign Military Financing: §7015, notification requirements (125 Stat. 1200); §7019, allocations (125 Stat. 1203); §7020, prohibition of payment of certain expenses (125 Stat. 1203); §7021, prohibition on assistance to governments supporting international terrorism (125 Stat. 1203); §7023, definition of program, project, and activity (125 Stat. 1204); §7041, Near East (125 Stat. 1222); §7043, Africa (125 Stat. 1227); §7044, Asia (125 Stat. 1230); and §7046, South Asia (125 Stat. 1234).

Sec. 531. Authority. (22 U.S.C. 2346; in original act as "Supporting Assistance", though substantially restated in 1971 and again in 1978.) The "President is authorized to furnish assistance to countries and organizations ... in order to promote economic or political stability."

 

Sec. 532. Authorization of Appropriations. (22 U.S.C. 2346a; in original act as "Supporting Assistance", though substantially restated in 1971 and again in 1978.) Authorizes funds for fiscal years 1986 and 1987 for Israel and Egypt, and other funds in the same period the recipients of which to be determined as follows: "The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this chapter, including determination of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administration of the agency primarily responsible for administering part I of this Act" (§531(b)).

 

Sec. 533. Emergency Assistance. (22 U.S.C. 2346b; added in 1981.) Authorizes some of the funds defined in §532 to be made available for emergency use "when the national interests of the United States urgently require economic support to promote economic or political stability" (subsection (a)).

 

Sec. 534. Administration of Justice. (22 U.S.C. 2346c; added in 1985.) Authorizes the President to furnish assistance "to countries and organizations, including national and regional institutions, in order to strengthen the administration of justice in countries in Latin America and the Caribbean" (subsection (a)).

 

Chapter 5—International Military Education and Training
Sec. 541 (22 U.S.C. 2347) through §549 (22 U.S.C. 2347h)

Title IV—International Security Assistance

Funds Appropriated to the President

International Military Education and Training

Appropriates $105.788 million, of which up to $4 million may remain available until expended (125 Stat. 1186).

See also, for terms and conditions: §7010, reporting requirement (125 Stat. 1197); §7015, notification requirements (125 Stat. 1201); §7043(d), Africa, expanded IMET (125 Stat. 1227); §7045(b), Western Hemisphere, relating to Guatemala (125 Stat. 1233); and §7063, Central Asia (125 Stat. 1252).

Sec. 541. General Authority. (22 U.S.C. 2347; added in 1976.) "The President is authorized to furnish ... military education and training to military and related civilian personnel of foreign countries."

 

Sec. 542. Authorization. (22 U.S.C. 2347a; added in 1976.) Authorizes funds for fiscal years 1986 and 1987.

 

Sec. 544. Exchange Training. (22 U.S.C. 2347c; added in 1985.) "The President is authorized to provide for the attendance of foreign military personnel at professional military education institutions in the United States (other than service academies)" (subsection (a)). "The President may provide for the attendance of foreign military and civilian defense personnel at flight training schools and programs" (subsection (b)).

 

Chapter 6—Peacekeeping Operations
Sec. 551 (22 U.S.C. 2348) through §554 (22 U.S.C. 2348d)

Title IV—International Security Assistance
Department of State

Peacekeeping Operations

Appropriates $302.818 million, of which not less than $28 million shall be made available for a U.S. contribution to the Multinational Force and Observers mission in Sinai; up to $91.818 million "may be used to pay assessed expenses of international peacekeeping activities in Somalia and shall be available until September 30, 2013"; and prohibits such funds from supporting any operation that includes child soldiers (125 Stat. 1185).

Title VIII appropriates an additional $81 million in emergency funds for Peacekeeping Operations to remain available until September 30, 2013 (125 Stat. 1269).

See also, for conditions and terms: §7010, reporting requirement (125 Stat. 1197); §7015, notification requirements (125 Stat. 1201); and §7034(d), special authorities, relating to disarmament, demobilization, and reintegration (125 Stat. 1213).

Sec. 551. General Authority. (22 U.S.C. 2348; added in 1978.) "The President is authorized to furnish assistance to friendly countries and international organizations ... for peacekeeping operations and other programs carried out in furtherance of the national security interests of the United States."

 

Sec. 552. Authorization of Appropriations. (22 U.S.C. 2348a; added in 1978.) Authorizes funds for fiscal years 1986 and 1987 (subsection (a)). Authorizes the President to transfer limited funds from Economic Support Funds to Peacekeeping to respond to an unforeseen emergency (subsection (c); added in 1979).

Section 7048 authorizes the President, if he finds "that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, pursuant to §552(c), to draw down up to $30 million of commodities and services for the U.N. War Crimes Tribunal addressing the former Yugoslavia, or other such future tribunals (125 Stat. 1240).

Chapter 7—Air Base Construction in Israel
Sec. 561 (22 U.S.C. 2349) through §563 (2349b)

 

Sec. 561. General Authority. (22 U.S.C. 2349; added in 1979.) "The President is authorized ... to construct such air bases in Israel...to replace the...airbases located at Etzion and Etam on the Sinai peninsula that are to be evacuated" (para. (1)), and "to furnish...defense articles and defense services" (para. (2)).

 

Sec. 562. Authorization and Utilization of Funds. (22 U.S.C. 2349a; added in 1979.) Authorizes $800 million, to remain available until expended (subsection (a)).

Supplemental Appropriations Act, 1979 (P.L. 96-35; 93 Stat. 103) provided $800 million.

Chapter 8—Antiterrorism Assistance
Sec. 571 (22 U.S.C. 2349aa) through §575 (22 U.S.C. 2349aa-5)

Title IV—International Security Assistance

Department of State

Nonproliferation, Anti-terrorism, Demining and Related Programs

Appropriates $590.113 million to carry out chapter 8, chapter 9 (below), §504 of the FREEDOM Support Act, §23 of the Arms Export Control Act, or other sections of the Foreign Assistance Act of 1961 that apply to demining, clearance of ordnance, destruction of small arms, and related activities. Of the total, not to exceed $30 million is available for the Nonproliferation and Disarmament Fund; funds may be used in other than the former Soviet Union when it is in the U.S. national security interest; and funds applied to antiterrorism, export control and border security shall remain available until September 30, 2013 (125 Stat. 1185).

Title VIII appropriates an additional $120.657 million in emergency funds for NADR programs to remain available until September 30, 2013 (125 Stat. 1269).

See also, for terms and conditions: §7015, notification requirements (125 Stat. 1201); §7068, extradition (125 Stat. 1253); and §7070, independent states of the former Soviet Union (125 Stat. 1253).

Sec. 571. General Authority. (22 U.S.C. 2349aa; added in 1983.) The "President is authorized to furnish ... assistance to foreign countries in order to enhance the ability of their law enforcement personnel to deter terrorists and terrorist groups from engaging in international terrorist acts..." notwithstanding most other provisions of law.

 

Sec. 574. Authorizations of Appropriations. (22 U.S.C. 2349aa-4; added in 1983, with substantial amendments thereafter.) Authorizes funds for fiscal years 2001 through 2003.

 

Chapter 9—Nonproliferation and Export Control Assistance
Sec. 581 (22 U.S.C. 2349bb) through §586 (22 U.S.C. 2349bb-4)

See chapter 8, above.

Sec. 582. Authorization of Assistance. (22 U.S.C. 2349bb-1; added in 2000.) The "President is authorized to furnish ... assistance ... [for] training services and the provision of funds, equipment, and other commodities related to the detection, deterrence, monitoring, interdiction, and prevention or countering of proliferation, the establishment of effective nonproliferation laws and regulations, and the apprehension of those individuals involved in acts of proliferation of such weapons."

 

Sec. 584. International Nonproliferation Export Control Training. (22 U.S.C. 2349bb-2a; added in 2002.) "The President is authorized to furnish ... education and training to appropriate military and civilian personnel of foreign countries for the purpose of enhancing the nonproliferation and export control capabilities of such personnel..." (subsection (a)).

 

Sec. 586. Authorization of Appropriations. (22 U.S.C. 2349bb-4; added in 2000, substantially updated in 2002.) Authorizes funds for fiscal year 2003.

 

Part III
Chapter 1—General Provisions
Sec. 601 (22 U.S.C. 2351) through §620J (22 U.S.C. 2378d)

 

Chapter 2—Administrative Provisions
Sec. 621 (22 U.S.C. 2381) through §640C (22 U.S.C. 2399d)

 

Sec. 635. General Authorities. (22 U.S.C. 2395; in original act.) "The President may make loans, advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any individual, corporation, or other body of persons, friendly government or government agency, whether within or without the United States and international organizations in furtherance of the purposes and with in the limitations of this Act" (subsection (b)).

Title III—Bilateral Economic Assistance
Funds Appropriated to the President

Development Credit Authority

Appropriates, for section 256 relating to microenterprise development credits and §635, up to $40 million to be derived by transfer from funds appropriated for Part I, and from funds intended for "Assistance for Europe, Eurasia and Central Asia". In addition, appropriates $8.3 million for administrative expenses incurred in carrying out credit programs will remain available until September 30, 2014 (125 Stat. 1179).

Sec. 637. Administrative Expenses. (22 U.S.C. 2397; in original act.) Authorizes appropriations, in "such amounts as may be necessary from time to time for administrative expenses" of the State Department for functions in this act and in "unrepealed provisions of the Mutual Security Act of 1954 [predecessor to the Foreign Assistance Act of 1961]" (subsection (b)).

Last appropriated for in fiscal year 1975 (P.L. 93-240).

Chapter 3—Miscellaneous Provisions
Sec. 641 (22 U.S.C. 2401) through §667 (22 U.S.C. 2427)

 

Sec. 661. Trade and Development Agency. (22 U.S.C. 2421; added in 1974, substantively restated in 1992.) Establishes the Trade and Development Agency (TDA) and authorizes its director to provide funds for TDA programs (subsection (a)). Authorizes funds for fiscal year 2000 and "such sums as may be necessary for each fiscal year thereafter" (subsection (f)).

Title VI—Export and Investment Assistance

Trade and Development Agency

Appropriates $50 million to remain available until September 30, 2013 (125 Stat. 1193).

See also, for conditions and terms: §7015, notification requirements (125 Stat. 1201); §7022, authorization requirements (125 Stat. 1204); and §7070, independent states of the former Soviet Union (125 Stat. 1253).

Sec. 667. Operating Expenses. (22 U.S.C. 2427; added in 1975, substantively restated in 1977.) Authorizes funds for fiscal years 1986 and 1987 for the administration of part I of the act—covering development assistance and other nonmilitary assistance programs.

Title II—United States Agency for International Development
Funds Appropriated to the President

Operating Expenses

Appropriates $1,092.3 million, of which not less than $25 million should be for procurement reform, to remain available until September 30, 2013 (125 Stat. 1174).

Capital Investment Fund

In addition, appropriates $129.7 million for overseas construction and related costs, to remain available until expended (125 Stat. 1175).

Office of Inspector General

Appropriates $46.5 million, to remain available until September 30, 2013 (125 Stat. 1175).

Title III, paragraph appropriating funds for Development Credit Authority, appropriates $8.3 million to be transferred to, and merged with, operating expenses funds and remain available until September 30, 2014 (125 Stat. 1179).

Title VIII—Overseas Contingency Operations/Global War on Terrorism

USAID

Funds Appropriated to the President

Operating Expenses

Appropriates an additional $255 million in emergency funds to remain available until September 30, 2013 (125 Stat. 1267).

Office of Inspector General

Appropriates an additional $4.5 million in emergency funds to remain available until September 30, 2013 (125 Stat. 1267).

See also, for terms and conditions: §7057(g), USAID management, relating to personal services contractors (125 Stat. 1245).

[In previous fiscal years, a "Civilian Stabilization Initiative" was also funded in USAID to deploy a "Civilian Response Corps," in coordination with similar programs in the Department of State. P.L. 112-74 renamed this initiative as "Conflict Stabilization Operations," and appropriated funds solely to the Department of State (title I; 125 Stat. 1166; title VIII, overseas contingency operations/global war on terrorism; 125 Stat. 1266).]

Part IV—Enterprise for the Americas Initiative
Sec. 701 (22 U.S.C. 2430) through §710 (22 U.S.C. 2430i)

Title V—Multilateral Assistance

Funds Appropriated to the President

Contribution to the Enterprise for the Americas Multilateral Investment Fund

Appropriates $25 million, to remain available until expended (125 Stat. 1189).

Sec. 704. Reduction of Certain Debt. (22 U.S.C. 2430c; added in 1992.) "The President may reduce the amount owed to the United States ... as a result of concessional loans made to an eligible country..." in the form of Development Assistance or other nonmilitary aid, Economic Support Fund, or earlier forms of foreign aid. "The authority provided by this section may be exercised only in such amounts or to such extent as is provided in advance by appropriations Acts." (subsection (a)).

Debt reduction, see: title III, paragraph on debt restructuring (125 Stat. 1183); §7032, authority to engage in debt buybacks or sales (125 Stat. 1212); and §7084, authority for the fund for special operations 9125 Stat. 1263).

Sec. 708. Americas Framework Agreements. (22 U.S.C. 2430g; added in 1992.) "The Secretary of State is authorized ... to enter into an Americas Framework Agreement with any eligible country concerning the operations and use of the Americas Fund for that country" (subsection (a)). The Americas Fund is established under §707 (22 U.S.C. 2430f).

 

Part V—Debt Reduction for Developing Countries with Tropical Forests
Sec. 801 (22 U.S.C. 2151 note) through §813 (22 U.S.C. 2431k)

Debt reduction, see: title III, paragraph on debt restructuring (125 Stat. 1183); §7032, authority to engage in debt buybacks or sales (125 Stat. 1212); and §7084, authority for the fund for special operations (125 Stat. 1263).

Sec. 806. Reduction of Debt Owed to the United States as a Result of Concessional Loans under the Foreign Assistance Act of 1961. (22 U.S.C. 2431d; added in 1997.) "The President may reduce the amount owed to the United States ... as a result of concessional loans made to an eligible county..." in the form of Development Assistance or other nonmilitary aid, Economic Support Fund, or earlier forms of foreign aid. Authorizes funds for fiscal years 1999 through 2001 (subsection (a)). Further authorizes funds to reduce debt under this section or under §807, relating to Food for Peace credits, for fiscal years 2002 through 2007 (subsection (d)). Program conducted under the Tropical Forest Facility, established in §804 (22 U.S.C. 2431b).

 

Sec. 807. Reduction of Debt Owed to the United States as a Result of Credits Extended Under Title I of the Food for Peace Act. (22 U.S.C. 2431e; added in 1997.) The President is authorized to reduce debt as a result of credits extended under the Food for Peace program (7 U.S.C. 1701 et seq.). Authorizes funds for fiscal years 1999 through 2001 (subsection (a)).

 

Sec. 808. Authority to Engage in Debt-For-Nature Swaps and Debt Buybacks. (22 U.S.C. 2431f; added in 1997.) The President is authorized to swap or reduce debt in exchange for a recipient country's investment in its natural resources (subsection (a)).

 

Sec. 809. Tropical Forest Agreement. (22 U.S.C. 2431g; added in 1997.) "The Secretary of State is authorized ... to enter into a Tropical Forest Agreement with any eligible country concerning the operation and use of the Fund for that country." (subsection (a)). Authorizes making funds available for various natural resource-related investments (subsection (d)). The Tropical Forest Fund is established under §810 (22 U.S.C. 2431h).

 

Source: Compiled by CRS. Funds appropriated in Title VIII of P.L. 112-74 are all "designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985" (P.L. 99-177; 2 U.S.C. 901(b)(2)(A)).

Footnotes

1.

Public Papers of the Presidents of the United States: John F. Kennedy, 1961. "Special Message to the Congress on Foreign Aid," March 22, 1961. pp. 203-212.

2.

Kennedy, March 22, 1961. p. 205.

3.

Section 10 of the Foreign Military Sales Amendments, 1971 (P.L. 91-672; 22 U.S.C. 2412) requires authorization before appropriations, stating that "no money appropriated for foreign assistance (including foreign military sales) shall be available for obligation or expenditure—(1) unless the appropriation thereof has been previously authorized by law; or (2) in excess of an amount previously prescribed by law." The section, however, is routinely waived, most recently in Section 7022 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of P.L. 112-74; 124 Stat. 1204), which states

authorization requirements

Funds appropriated by this Act, except funds appropriated under the heading "Trade and Development Agency", may be obligated and expended notwithstanding section 10 of Public Law 91-672, section 15 of the State Department Basic Authorities Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (P.L. 103-236), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).

The current Department of State and Foreign Operations appropriations also continues to fund the Complex Crises Fund, first funded in the FY2010 appropriations (123 Stat. 3327) without a corresponding authorization. Title III of the act provides (at 125 Stat. 1178):

complex crises fund

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to enable the Administrator of the United States Agency for International Development (USAID), in consultation with the Secretary of State, to support programs and activities to prevent or respond to emerging or unforeseen complex crises overseas, $10,000,000, to remain available until expended: Provided, That funds appropriated under this heading may be made available on such terms and conditions as the USAID Administrator may determine, in consultation with the Committees on Appropriations, for the purposes of preventing or responding to such crises, except that no funds shall be made available to respond to natural disasters: Provided further, That funds appropriated under this heading may be made available notwithstanding any other provision of law, except sections 7007, 7008, and 7018 of this Act and section 620M of the Foreign Assistance Act of 1961, as amended by this Act: Provided further, That funds appropriated under this heading shall be subject to the regular notification procedures of the Committees on Appropriations, except that such notifications shall be transmitted at least 5 days in advance of the obligation of funds.

Title VIII of that Act provides an additional $30 million to the Complex Crises Fund, designated for Overseas Contingency Operations/Global War on Terrorism pursuant to sec. 251(b)(2)(A) of the Balance Budget and Emergency Deficit Control Act of 1985 (125 Stat. 1268).

4.

Still other laws have been enacted to augment the Foreign Assistance Act of 1961—setting limited-term conditions for aid otherwise provided for in the act. P.L. 109-159, for example, which provides for the transfer to the Republic of Korea of obsolete or surplus items with military application, is a freestanding law but draws on the President's authority stated in Section 516 of the act to transfer excess defense articles. Similarly, Congress has enacted a series of laws to transfer excess or obsolete naval vessels to U.S. allies. Congress has also enacted acts in recent years authorizing conditional aid to targeted populations or organizations in the Democratic Republic of the Congo, Sudan, North Korea, Afghanistan, Pakistan, and Iran.