10 U.S.C. § 361 — Prohibition on providing financial assistance to terrorist countries
submitted 30 years ago by Pub. L. 104-106 to r/title-10-ARMED-FORCES · 264 words · no verdicts yet
The Defense Department can't give money to countries that support terrorism or shelter terrorists. The President can waive this ban for national security or humanitarian reasons. Congress must get 15 days' notice before any waiver takes effect.
(a) Prohibition
The Defense Department cannot spend money to give financial assistance to: (1) any country the Secretary of State has determined supports terrorism, under a specific export-control law; (2) any country the latest report to Congress lists as significantly supporting international terrorism; or (3) any other country that the President determines either shelters someone who has committed international terrorism, or otherwise supports international terrorism.
(b) Waiver
(1) The President can waive this ban for a country if the President decides either that it serves U.S. national security interests, or that humanitarian reasons justify it.
(2) Before the waiver takes effect, the President must: (A) notify the relevant Senate and House committees at least 15 days ahead; and (B) publish a notice of the waiver in the Federal Register.
(c) Definition
"International terrorism" has the same meaning given to it in a specific section of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989.
Funds available to the Department of Defense may not be obligated or expended to provide financial assistance to—
any country with respect to which the Secretary of State has made a determination under section 6(j)(1)(A) 1 of the Export Administration Act of 1979 (50 U.S.C. 4605(j)(1)(A));
any country identified in the latest report submitted to Congress under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as providing significant support for international terrorism; or
any other country that, as determined by the President—
grants sanctuary from prosecution to any individual or group that has committed an act of international terrorism; or
otherwise supports international terrorism.
The President may waive the application of subsection (a) to a country if the President determines—
that it is in the national security interests of the United States to do so; or
that the waiver should be granted for humanitarian reasons.
The President shall—
notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives at least 15 days before the waiver takes effect; and
publish a notice of the waiver in the Federal Register.
In this section, the term “international terrorism” has the meaning given that term in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)).
Source credit: (Added Pub. L. 104–106, div. A, title XIII, § 1341(a), Feb. 10, 1996, 110 Stat. 485, § 2249a; amended Pub. L. 105–85, div. A, title X, § 1073(a)(40), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; renumbered § 361 and amended Pub. L. 114–328, div. A, title X, § 1081(b)(3)(B), title XII, § 1241(l)(1), Dec. 23, 2016, 130 Stat. 2418, 2509.)
- 1996Enacted · Pub. L. 104-106 · 110 Stat. 485
- 1997Amended · Pub. L. 105-85 · 111 Stat. 1902
- 1999Amended · Pub. L. 106-65 · 113 Stat. 774
- 2016Amended · Pub. L. 114-328 · 130 Stat. 2418, 2509
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-106 on 1996-02-10.
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