### §2261. Authorization of appropriations

#### (a) Emergency assistance; reports to Speaker of House and committees of Senate

(1) Notwithstanding any other provision of law, the President is authorized to use funds made available to carry out any provision of this chapter (other than the provisions of part I of this subchapter) in order to provide, for any unanticipated contingencies, assistance authorized by subchapter I of this chapter in accordance with the provisions applicable to the furnishing of such assistance, except that the authority of this subsection may not be used to authorize the use of more than $25,000,000 during any fiscal year.

(2) The President shall report promptly to the Speaker of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate each time he exercises the authority contained in this subsection.

#### (b) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560

#### (c) Prohibition against payment of gifts to foreign officials

No part of this fund shall be used to pay for any gifts to any officials of any foreign government made heretofore or hereafter.

(Pub. L. 87–195, pt. I, §451, Sept. 4, 1961, 75 Stat. 434; Pub. L. 87–565, pt. I, §109, Aug. 1, 1962, 76 Stat. 259; Pub. L. 88–205, pt. I, §110, Dec. 16, 1963, 77 Stat. 384; Pub. L. 88–633, pt. I, §108, Oct. 7, 1964, 78 Stat. 1010; Pub. L. 89–171, pt. I, §108, Sept. 6, 1965, 79 Stat. 656; Pub. L. 89–371, §2, Mar. 18, 1966, 80 Stat. 74; Pub. L. 89–583, pt. I, §109, Sept. 19, 1966, 80 Stat. 801; Pub. L. 90–137, pt. I, §112, Nov. 14, 1967, 81 Stat. 455; Pub. L. 90–554, pt. I, §110, Oct. 8, 1968, 82 Stat. 962; Pub. L. 91–175, pt. I, §110, Dec. 30, 1969, 83 Stat. 819; Pub. L. 91–652, §6(a), Jan. 5, 1971, 84 Stat. 1942; Pub. L. 92–226, pt. I, §108, Feb. 7, 1972, 86 Stat. 24; Pub. L. 93–189, §10, Dec. 17, 1973, 87 Stat. 719; Pub. L. 93–559, §28(c), Dec. 30, 1974, 88 Stat. 1803; Pub. L. 94–329, title V, §503(2), June 30, 1976, 90 Stat. 763; Pub. L. 95–92, §2, Aug. 4, 1977, 91 Stat. 614; Pub. L. 95–384, §2, Sept. 26, 1978, 92 Stat. 730; Pub. L. 96–92, §2(b), Oct. 29, 1979, 93 Stat. 701; Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560; Pub. L. 101–513, title V, §588, Nov. 5, 1990, 104 Stat. 2056.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (a)(1), was in the original "this Act", meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

#### Amendments

1990—Subsec. (a)(1). Pub. L. 101–513 struck out "not to exceed $10,000,000 of" after "authorized to use" and "in any fiscal year" after "funds made available", substituted "unanticipated contingencies" for "emergency purposes", and directed the amendment of subsec. (a) by inserting before the period ", except that the authority of this subsection may not be used to authorize the use of more than $25,000,000 during any fiscal year", which was executed by making the insertion before the period in par. (1) to reflect the probable intent of Congress.

1981—Subsec. (b). Pub. L. 97–113 struck out subsec. (b) which required quarterly Presidential reports to Committees of Senate and Speaker of House on the programming and obligation of funds under this section.

1979—Subsec. (a)(1). Pub. L. 96–92 designated existing provisions as par. (1), substituted authorization of $10,000,000 when made available in any fiscal year for emergency purposes for appropriation authorization of $5,000,000 for emergency purposes in fiscal year 1979, and deleted provision making appropriated amounts available until expended.

Subsec. (a)(2). Pub. L. 96–92 added par. (2).

1978—Subsec. (a). Pub. L. 95–384 substituted "fiscal year 1979 not to exceed $5,000,000" for "fiscal year 1978 not to exceed $5,000,000".

1977—Subsec. (a). Pub. L. 95–92 substituted provisions authorizing appropriations of not to exceed $5,000,000 for fiscal year 1978, for provisions authorizing appropriations of not to exceed $5,000,000 for fiscal years 1976 and 1977.

1976—Subsec. (a). Pub. L. 94–329 substituted "fiscal year 1976 not to exceed $5,000,000 and for the fiscal year 1977 not to exceed $5,000,000" for "fiscal year 1975 not to exceed $5,000,000," and "authorized by subchapter I of this chapter for any emergency" for "authorized by this subchapter or by section 2399 of this title for any emergency" and inserted provision authorizing that funds appropriated remain available until expended.

1974—Subsec. (a). Pub. L. 93–559 substituted appropriations authorization of $5,000,000 for fiscal year 1975 for prior authorization of $30,000,000 for fiscal years 1974, and 1975, and authorized assistance under section 2399 of this title and for any emergency purpose.

Subsec. (b). Pub. L. 93–559 substantially reenacted subsec. (b) provisions, substituting "submit" for "provide".

Subsec. (c). Pub. L. 93–559 added subsec. (c).

1973—Subsec. (a). Pub. L. 93–189 substituted provisions authorizing the appropriation of not to exceed $30,000,000 for each of the fiscal years 1974 and 1975, for provisions authorizing the appropriation of not to exceed $30,000,000 for each of the fiscal years 1972 and 1973, substituted "to provide assistance authorized by this subchapter primarily for disaster relief purposes, in accordance with the provisions applicable to the furnishing of such assistance", for "for use by the President for assistance authorized by this subchapter in accordance with the provisions applicable to the furnishing of such assistance, when he determines such use to be important to the national interest", and struck out a proviso for the use of $15,000,000, in addition to any other available funds, out of the funds appropriated for fiscal year 1971 for the flood victims of the East Pakistan flood.

1972—Subsec. (a). Pub. L. 92–226 authorized appropriations not to exceed $30,000,000 for fiscal years 1972 and 1973, and struck out provision for authorization of not to exceed $15,000,000 for fiscal year 1970, and not to exceed $30,000,000 for fiscal year 1971.

1971—Subsec. (a). Pub. L. 91–652 substituted "1971 not to exceed $30,000,000" for "1971 not to exceed $15,000,000", and inserted proviso which required $15,000,000 of the amount authorized for the fiscal year 1971 to be used for the relief of cyclone, etc., victims in East Pakistan.

1969—Subsec. (a). Pub. L. 91–175 substituted " fiscal year 1970 not to exceed $15,000,000, and for the fiscal year 1971 not to exceed $15,000,000" for "fiscal year 1968 not to exceed $50,000,000, and for the fiscal year 1969 not to exceed $10,000,000".

1968—Subsec. (a). Pub. L. 90–554 authorized an appropriation of $10,000,000 for fiscal year 1969.

1967—Subsec. (a). Pub. L. 90–137 substituted "1968" and "$50,000,000" for "1967" and "$110,000,000", respectively.

1966—Subsec. (a). Pub. L. 89–583, §109(a), substituted "1967" and "$110,000,000" for "1966" and "$150,000,000", respectively, and struck out second and third sentences which authorized withholding of assistance, from fiscal year 1966 funds, to any country permitting transportation of equipment, materials, or commodities to or from North Vietnam unless contrary to national interest of United States and authorized the appropriation of such sums, not to exceed $89,000,000, as may be necessary in the fiscal year 1966 for programs authorized by subchapters I and II of this chapter, to the President for use in Southeast Asia.

Pub. L. 89–371 substituted "$150,000,000" for "$50,000,000" and authorized withholding of assistance, from fiscal 1966 funds, to any country permitting transportation of equipment, materials, or commodities to or from North Vietnam unless contrary to national interest of United States.

Subsec. (b). Pub. L. 89–583, §109(b), struck out "the first sentence of" before "subsection (a)".

1965—Subsec. (a). Pub. L. 89–171, §108(a), substituted "1966" and "$50,000,000" for "1965" and "$150,000,000", respectively, and authorized the appropriation of such sums, not to exceed $89,000,000, as may be necessary in the fiscal year 1966 for programs authorized by subchapters I and II of this chapter, to the President for use in Southeast Asia.

Subsec. (b). Pub. L. 89–171, §108(b), substituted "the first sentence of subsection (a) of this section" for "this section".

1964—Subsec. (a). Pub. L. 88–633 substituted "1965" and "$150,000,000" for "1964" and "$160,000,000", respectively.

1963—Subsec. (a). Pub. L. 88–205 substituted "1964" and "$160,000,000" for "1963" and "$300,000,000", respectively.

1962—Subsec. (a). Pub. L. 87–565, §109(a), substituted "1963" for "1962".

Subsec. (b). Pub. L. 87–565, §109(b), substituted "provide quarterly reports to" for "keep", and "on the programing and the obligation" for "currently informed of the use".

#### **Statutory Notes and Related Subsidiaries**

#### References to Subchapter I Deemed To Include Certain Parts of Subchapter II

References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.

#### References to Part I Deemed To Include Section 2293

References to part I of this subchapter are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title.

#### Appropriation for Disaster Relief of Unallocated Excess Foreign Currencies Held in Pakistan

Pub. L. 91–652, §6(b), Jan. 5, 1971, 84 Stat. 1943, authorized the appropriation of excess foreign currencies held in Pakistan not allocated on Jan. 5, 1971, for a period of one year from such date to help Pakistan withstand the disaster which had occurred.

#### **Executive Documents**

#### Delegation of Functions

For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.