The Foreign Assistance Act ( Pub. L. 87–195 , 75 Stat. 424-2 , enacted September 4, 1961 , 22 U.S.C. § 2151 et seq.) is a United States law governing foreign aid policy. It outlined the political and ideological principles of U.S. foreign aid, significantly overhauled and reorganized the structure of U.S. foreign assistance programs, legally distinguished military from nonmilitary aid, and created a new agency, the United States Agency for International Development (USAID) to administer nonmilitary economic assistance programs. Following its enactment by Congress on September 4, 1961, President John F. Kennedy signed the Act into law on November 3, 1961, issuing Executive Order 10973 detailing the reorganization.
23-728: The Hughes–Ryan Amendment (Public Law 93–559 (1974)) was an amendment to the Foreign Assistance Act of 1961, passed as section 32 of the Foreign Assistance Act of 1974 . The amendment was named for its co-authors, Senator Harold E. Hughes (D–IA) and Representative Leo Ryan (D–CA). The amendment required the President of the United States to report all covert actions of the Central Intelligence Agency to one or more Congressional committees . This amendment addressed
46-491: 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
69-492: Is the subject of Title 22 §2321j. The EDA program has a useful database tool. It is run through the Department of State's Office of Regional Security and Arms Transfers. In 1993 the governments of Israel, Egypt, Turkey, Greece, Portugal, Morocco, and Oman and five North Atlantic Treaty Organization countries benefited from this program. In 2021, Poland benefited from this program with the transfer of five C-130 Hercules from
92-480: 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,
115-455: The 309th Aerospace Maintenance and Regeneration Group 's aircraft boneyard . In February 2024 during the congressional gridlock over the 2024 United States federal budget Supplemental appropriations legislation a journalist with Forbes suggested the use of this program to unblock DPICM munitions to supply Ukraine, as it only needed presidential approval for zero-cost surplus items. Chronological timeline of amendments and revisions to
138-500: The Food for Peace program of the Department of Agriculture . 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 human rights , including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges , causing the disappearance of persons by
161-744: The United States Agency for International Development . At its creation, its legislative mandate ordered that it not "compete" with "private investment capital ", the Export-Import Bank or the International Bank for Reconstruction and Development . The DLF was dominated by the Department of State because the chair of the Board for the Fund was the Under Secretary of State . This interfered with
184-667: The war in Gaza . The resolution would freeze U.S. military aid to Israel unless the State Department issues a report within 30 days. The proposal was defeated, 72 to 11. In March 2024, Sanders, along with seven other U.S. senators, warned President Biden that arming Israel was a violation of the Foreign Assistance Act, which bars the U.S. from arming countries that limit humanitarian aid. Section § 2403 of Title 22 U.S. Code defines "Excess Defense Articles" (EDA). The EDA Program
207-588: The Foreign Assistance Act of 1961. Development Loan Fund The Development Loan Fund (DLF) was the lending arm of the United States International Cooperation Administration . It was established in 1957 as part of a revision of the Mutual Security Act . Its main purpose was extending loans to foreign nations, mostly for capital projects, repayable in the local currency of the borrower. In 1961, it merged into
230-462: 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. Authority to transfer excess defense articles
253-517: The House and Senate "select committees" on intelligence were established). The legislation was meant to ensure that the intelligence oversight committees within Congress were told of CIA actions within a reasonable time limit. Senator Hughes, in introducing the legislation in 1973, also saw it as a means of limiting major covert operations by military, intelligence, and national security agents conducted without
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#1733085182599276-484: The President for all covert action conducted by the CIA, removing any " plausible deniability " for the President regarding exposed covert actions. It also expanded the circle of "witting" persons in Congress, which made covert operations to which Congress was opposed much more likely to be exposed by leaks. Thus, the passage of the amendment created both de facto and de jure Congressional veto power on covert operations, through
299-404: 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
322-700: The White House directly to field commanders in the Pacific Theater and the Vietnam War . A series of troubling revelations appeared in the press concerning intelligence activities. On 22 December 1974, The New York Times published a lengthy article by Seymour Hersh detailing CIA operations that had been dubbed the " family jewels ", including lengthy covert action programs to assassinate foreign leaders and subvert foreign governments. The article also discussed efforts by intelligence agencies to collect information on
345-406: The abduction and clandestine detention of those persons , or other flagrant denial of the right to life , liberty , and the security of person , unless such assistance will directly benefit the needy people in such country." 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
368-567: The ability of the DLF to impartially and independently evaluate and accept loan proposals. The 1960 report on the Operations of the DLF insisted that there was ongoing pressure on the Fund from the Department of State to dole out funds for political purposes. Furthermore, to keep it as an independent agency costed taxpayers around $ 2 million a year. Approximately one quarter of all DLF funds in 1958 and 1959 went to India, about $ 195 million. Of this sum, $ 175
391-566: The ability to leak and the power of the purse, respectively. Foreign Assistance Act USAID unified already existing U.S. aid efforts, combining the economic and technical assistance operations of the International Cooperation Administration , the loan activities of the Development Loan Fund , the local currency functions of the Export-Import Bank , and the agricultural surplus distribution activities of
414-418: The advancement of child treatment. Under the authority of this Act on March 16, 2022, President Joe Biden authorized $ 800 million in new security assistance to Ukraine . On December 14, 2023, Senator Bernie Sanders introduced a privileged resolution invoking Section 502(b) of the Foreign Assistance Act, calling on the State Department to investigate Israeli crimes against humanity in its conduct of
437-577: The amendment came from 1972 and 1973 hearings of the Senate Armed Services Committee on covert military operations in Cambodia, Laos, and North Vietnam in the early 1970s. The committee had found that Air Force and Navy air elements had conducted secret air strikes, and falsified after-action reports to conceal this. To Hughes and several other senators, these activities represented a secret war conducted through back-channel communications from
460-529: The full knowledge of the president. By the early years of the 1970s, the unpopular war in Southeast Asia and the unfolding Watergate scandal brought the era of minimal oversight to a halt. The Congress was determined to rein in the Nixon administration , and to ascertain the extent to which the nation's intelligence agencies had been involved in questionable, if not outright illegal, activities. A major stimulus for
483-463: The political activities of American citizens. These revelations convinced many senators and representatives that the Congress had been too lax, trusting, and naive in carrying out its oversight responsibilities. The first legislative response was enactment, in 1974, of the Hughes–Ryan Amendment to the Foreign Assistance Act of 1961. The act, as amended, established ultimate accountability of
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#1733085182599506-410: The question of CIA and Defense Department covert actions, and prohibited the use of appropriated funds for the conduct of such an action unless and until the President issues an official " Finding " that each such operation is important to national security, and submits this Finding to the appropriate Congressional committees (a total of six committees, at the time, which grew to eight committees after
529-420: Was earmarked, meaning that it was not restricted to use in any identifiable planned project and instead being used as a line of credit to India. This article related to international law is a stub . You can help Misplaced Pages by expanding it . This article related to the politics of the United States is a stub . You can help Misplaced Pages by expanding it . This United States government–related article
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