Foreign Assistance Act
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| Other short titles |
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|---|---|
| Long title | An Act to promote the foreign policy, security, and general welfare of the United States by assisting peoples of the world in their efforts toward economic and social development and internal and external security, and for other purposes. |
| Nicknames | Foreign Assistance Act of 1961 |
| Enacted by | the 87th United States Congress |
| Effective | September 4, 1961 |
| Citations | |
| Public law | 87-195 |
| Statutes at Large | 75 Stat. 424-2 |
| Codification | |
| Titles amended | 22 U.S.C.: Foreign Relations and Intercourse |
| U.S.C. sections created | 22 U.S.C. ch. 32 § 2151 |
| Legislative history | |
| |
| Major amendments | |
| Foreign Assistance Act of 1974 | |
The Foreign Assistance Act (
Synopsis
USAID unified already existing U.S. aid efforts, combining the economic and technical assistance operations of the
The Act provides that no assistance is to be provided to a government which "engages in a consistent pattern of gross violations of internationally recognized
The Act also provides that no assistance is to be provided to any Communist country. However, the President may waive this prohibition if he determines that such assistance is vital to the national security of the United States, that the country is not controlled by the international Communist conspiracy, and that the assistance will promote the country's independence from international Communism. The President may also remove a country from the application of this provision for a certain time which the President determines. In order to remove a country from the application of this provision, the President must determine and report to Congress that such action is important to the national security of the United States.
The Act was amended in 2004 specific to the treatment of orphans and other vulnerable children. This amendment allows the president to provide aid to the peoples of other countries to look after children in cases of HIV/AIDS and to set up schools and other programs for the advancement of child treatment.[4][5]
Under the authority of this Act on March 16, 2022, President Biden authorized $800 million in new security assistance to Ukraine.[6][7]
Excess Defense Articles
Section § 2403 of Title 22 U.S. Code defines "Excess Defense Articles" (EDA).[8] The EDA Program is administered by the Defense Security Cooperation Agency (DSCA). Excess defense articles are DoD and U.S. Coast Guard-owned articles no longer needed and declared excess by the U.S. Armed Forces. This excess equipment may be offered at reduced or no cost to eligible foreign recipients on an “as is, where is” basis in support of U.S. national security and foreign policy objectives.
Section 516(b)(1)(e) of the Foreign Assistance Act states that EDA transfers shall not adversely impact the U.S. national technology and industrial base, nor reduce the opportunities of U.S. industry to sell new or used equipment to the proposed recipient. In accordance with Executive Order 12163, as amended, the Director of DSCA makes the determination on the impact to industry.[9]
Authority to transfer excess defense articles is the subject of Title 22 §2321j.[10]
The EDA program has a useful database tool.
Amendments to 1961 Act
Chronological timeline of amendments and revisions to the Foreign Assistance Act of 1961.
| Date of Enactment | Public Law Number | U.S. Statute Citation | U.S. Legislative Bill | U.S. Presidential Administration |
|---|---|---|---|---|
| August 1, 1962 | Pub. L. 87–565
|
76 Stat. 255 | S. 2996 | John F. Kennedy |
| December 16, 1963 | Pub. L. 88–205
|
77 Stat. 379 | H.R. 7885 | Lyndon B. Johnson |
| October 7, 1964 | Pub. L. 88–633
|
78 Stat. 1009 | H.R. 11380 | Lyndon B. Johnson |
| September 6, 1965 | Pub. L. 89–171
|
79 Stat. 653 | H.R. 7750 | Lyndon B. Johnson |
| March 18, 1966 | Pub. L. 89–371
|
80 Stat. 74 | H.R. 12169 | Lyndon B. Johnson |
| September 19, 1966 | Pub. L. 89–583
|
80 Stat. 795-3 | H.R. 15750 | Lyndon B. Johnson |
| November 14, 1967 | Pub. L. 90–137
|
81 Stat. 445 | S. 1872 | Lyndon B. Johnson |
| October 8, 1968 | Pub. L. 90–554
|
82 Stat. 960 | H.R. 15263 | Lyndon B. Johnson |
| January 5, 1971 | Pub. L. 91–652
|
84 Stat. 1942 | H.R. 19911 | Richard M. Nixon
|
| December 30, 1974 | Pub. L. 93–559
|
88 Stat. 1795 | S. 3394 | Gerald R. Ford
|
| June 30, 1976 | Pub. L. 94–329
|
90 Stat. 729 | H.R. 13680 | Gerald R. Ford |
| September 8, 2017 | Pub. L. 115–56 (text) (PDF)
|
131 Stat. 1129 | H.R. 601 | Donald Trump |
See also
- Alliance for Progress
- Arms Export Control Act
- Foreign Military Sales Act of 1968
- Iran-Contra
- Office of Public Safety (OPS)
- U.S. Foreign Policy
- War on Drugs
- War on Terror
Notes
- ^ FOREIGN ASSISTANCE ACT OF 1961, United States Senate Committee on Foreign Relations.
- ^ Executive Order 10973, 3 November 1961, Administration of Foreign Assistance and Related Functions
- ^ "22 U.S. Code § 2304 - Human rights and security assistance". Legal Information Institute. Retrieved 12 March 2015.
- ^ H.R. 1298 at Congress.gov
- ^ "United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ~ P.L. 108-25" (PDF). 117 Stat. 711 ~ House Bill 1298. U.S. Government Printing Office. May 27, 2003.
- ^ "Biden announces new security assistance for Ukraine but stops short of Zelenskyy's full request". www.cbsnews.com. 16 March 2022. Retrieved 2022-03-16.
- ^ "Fact Sheet on U.S. Security Assistance for Ukraine". The White House. 2022-03-16. Retrieved 2022-03-16.
- ^ "22 U.S. Code § 2403 - Definitions".
- ^ "Excess Defense Articles Program".
- ^ "Result".
- ^ "Excess Defense Articles (EDA) | Defense Security Cooperation Agency".
- ^ "Key Topics – Office of Regional Security and Arms Transfers".
- ^ "Security Assistance: Excess Defense Articles for Foreign Countries | U.S. GAO".
External links
- Foreign Assistance Act of 1961, as amended, in HTML/PDF/details in the GPO Statute Compilations collection
- Information from USAID
- Foreign Operations Appropriations: General Provisions
- FAA-related documents and publications available through USAID's Development Experience Clearinghouse
- Peters,Gerhard; Woolley, John T. "John F. Kennedy: "Statement by the President Upon Signing the Foreign Assistance Act.," September 4, 1961". The American Presidency Project. University of California - Santa Barbara. Retrieved September 22, 2013.
- "Bill signing - S. 2996 Public Law 87-565, Foreign Assistance Act, 10:29AM". John F. Kennedy Presidential Library and Museum.
