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Code · BILL · 113th Congress · H.R. 1793 (Introduced in House) — To establish a framework for effective, transparent, and accountable United States foreign assistance, and for other... · Sec. 9603

Sec. 9603. Special waiver authority

373 words·~2 min read·/bill/113/hr/1793/ih/section-9603·

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The President may authorize the taking of any action (or the refraining from the taking of any action) under this Act or any other Act relating to foreign assistance, notwithstanding any provision of law, if the President determines— in cases relating to the transfer of defense articles or defense services, that to do so is essential to the national interests of the United States; and in any other cases, that to do so is important to the national interests of the United States. Before exercising the authority of subsection (a), the President shall consult with, and shall provide a written policy justification to, the appropriate congressional committees. A determination under subsection
(a)shall not be effective until the President submits written notification of that determination to the appropriate congressional committees. The authority of this section may not be used in any fiscal year to authorize— more than $1,000,000,000 in sales or leases to be made under subtitle C of title IV; the use of more than $500,000,000 of funds made available for use under any other provision of this Act; and the use of more than $100,000,000 of foreign currencies accruing under this Act or any other law. If the authority of this section is used both to authorize a sale or lease under subtitle C of title IV and to authorize funds to be used under this Act with respect to the financing of that sale or lease, then the use of the funds shall be counted against the limitation in paragraph (1)(B) and the portion, if any, of the sale or lease which is not so financed shall be counted against the limitation in paragraph (1)(A). For purposes of paragraph (1)(A), the replacement cost, less any depreciation in the value, of the defense articles authorized to be leased shall be counted against the limitation in that paragraph. The following limitations shall apply with respect to any one country in any fiscal year: Not more than $100,000,000 of the $500,000,000 limitation provided in paragraph (1)(B) may be allocated to the country unless the country is a victim of active aggression. Not more than $750,000,000 of the aggregate limitation of $1,500,000,000 provided in paragraphs (1)(A) and (1)(B) may be allocated to the country.
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