Federal · Title 22 — Foreign Relations and Intercourse

22 U.S.C. § 2318: Special authority

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an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and the emergency requirement cannot be met under the authority of the Arms Export Control Act [ 22 U.S.C. 2751 et seq.] or any other law except this section; part VIII of subchapter I of this chapter (relating to international narcotics control assistance); part IX of subchapter I of this chapter (relating to international disaster assistance); part VIII of subchapter II of this chapter (relating to antiterrorism assistance); part IX of subchapter II of this chapter (relating to nonproliferation assistance); or the Migration and Refugee Assistance Act of 1962 [ 22 U.S.C. 2601 et seq.]; or to support cooperative efforts to locate and repatriate members of the United States Armed Forces and civilians employed directly or indirectly by the United States Government who remain unaccounted for from the Vietnam War; and to ensure the safety of United States Government personnel engaged in such cooperative efforts and to support Department of Defense-sponsored humanitarian projects associated with such efforts. not more than $75,000,000 of which may be provided from the drawdown from the inventory and resources of the Department of Defense; not more than $75,000,000 of which may be provided pursuant to clause (i)(I) of such subparagraph; and not more than $15,000,000 of which may be provided to Vietnam, Cambodia, and Laos pursuant to clause (ii) of such subparagraph. In addition to amounts already specified in this section, the President may direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $1,000,000,000 per fiscal year, to be provided to Taiwan. The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appropriations of each House of Congress. In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title . The President shall keep the Congress fully and currently informed of all defense articles, defense services, and military education and training provided under this section, including providing the Congress with a report detailing all defense articles, defense services, and military education and training delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets. For the purposes of any provision of law that authorizes the drawdown of defense or other articles or commodities, or defense or other services from an agency of the United States Government, such drawdown may include the supply of commercial transportation and related services that are acquired by contract for the purposes of the drawdown in question if the cost to acquire such commercial transportation and related services is less than the cost to the United States Government of providing such services from existing agency assets. There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section. The President may treat as stocks of the United States, including for drawdown uses consistent with section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) ), any weapon or materiel intended for the Houthis in the Republic of Yemen and obtained by the United States in transit or otherwise. The number of times the President exercised the authority under subsection (a). An inventory of the weapons and materiel treated as United States stocks pursuant to such authority. An inventory of the weapons and materiel provided to foreign partners, to include the Government of Yemen, pursuant to the authority provided in subsection (a). An assessment of the capacity and overall professionalism of the Yemeni coast guard, including their capability to expand oversight of Yemen’s territorial waters and carry out lawful anti-piracy and interdiction efforts, particularly with respect to implementation of any relevant United Nations Security Council Resolutions, and an overview of the steps the United States is taking to support these efforts; and an assessment of the legal authorities underpinning the interdiction of illicit shipments to the Houthis, and related challenges to boosting the success of international interdiction efforts. the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”

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