§ 2311. General authority
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/usc/title-22/section-2311A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Defense articles and services; noncombatant personnel; transfer of funds The President is authorized to furnish military assistance, on such terms and conditions as he may determine, to any friendly country or international organization, the assisting of which the President finds will strengthen the security of the United States and promote world peace and which is otherwise eligible to receive such assistance, by—
(1)acquiring for any source and providing (by loan or grant) any defense article or defense service;
(2)assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to perform duties of a noncombatant nature; or
(3)transferring such of the funds appropriated or otherwise made available under this part as the President may determine for assistance to a recipient country, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms Export Control Act [22 U.S.C. 2761 and 2762] have been deposited for such recipient, to be merged with such deposited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act [22 U.S.C. 2751 et seq.].
Sales which are wholly paid from funds transferred under paragraph
(3)or from funds made available on a non-repayable basis under section 23 of the Arms Export Control Act [22 U.S.C. 2763] shall be priced to exclude the costs of salaries of members of the Armed Forces of the United States (other than the Coast Guard).
(b)Terms and conditions In addition to such other terms and conditions as the President may determine pursuant to subsection (a), defense articles may be loaned thereunder only if—
(1)there is a bona fide reason, other than the shortage of funds, for providing such articles on a loan basis rather than on a grant basis;
(2)there is a reasonable expectation that such articles will be returned to the agency making the loan at the end of the loan period, unless the loan is then renewed;
(3)the loan period is of fixed duration not exceeding five years, during which such article may be recalled for any reason by the United States;
(4)the agency making the loan is reimbursed for the loan based on the amount charged to the appropriation for military assistance under subsection (c); and
(5)the loan agreement provides that
(A)if the defense article is damaged while on loan, the country or international organization to which it was loaned will reimburse the United States for the cost of restoring or replacing the defense article, and
(B)if the defense article is lost or destroyed while on loan, the country or international organization to which it was loaned will pay to the United States an amount equal to the replacement cost (less any depreciation in the value) of the defense article.
(c)Appropriation charges; exceptions
(1)In the case of any loan of a defense article or defense service made under this section, there shall be a charge to the appropriation for military assistance for any fiscal year while the article or service is on loan in an amount based on—
(A)the out-of-pocket expenses authorized to be incurred in connection with such loan during such fiscal year; and
(B)the depreciation which occurs during such year while such article is on loan.
(2)The provisions of this subsection shall not apply—
(A)to any particular defense article or defense service which the United States Government agreed, prior to December 17, 1973, to lend; and
(B)to any defense article or defense service, or portion thereof, acquired with funds appropriated for military assistance under this chapter.
(Pub. L. 87–195, pt. II, § 503, Sept. 4, 1961, 75 Stat. 435; Pub. L. 88–633, § 201(a), Oct. 7, 1964, 78 Stat. 1011; Pub. L. 89–171, pt. II, § 201(a), Sept. 6, 1965, 79 Stat. 656; Pub. L. 90–137, pt. II, § 201(b), Nov. 14, 1967, 81 Stat. 455; Pub. L. 93–189, § 12(b)(1), Dec. 17, 1973, 87 Stat. 720; Pub. L. 96–533, title I, § 112(a), Dec. 16, 1980, 94 Stat. 3138; Pub. L. 97–113, title I, §§ 109(c), 110(c), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 99–83, title I, § 123(a), Aug. 8, 1985, 99 Stat. 205; Pub. L. 100–461, title V, § 586(a), Oct. 1, 1988, 102 Stat. 2268–50.)
Connections161 cite this · traces to 8
Cited by 161 sections · top 60
public-private-law
U.S. Code
- § 2151Congressional findings and declaration of policy
- § 2761Sales from stocks
- § 2381Exercise of functions
- § 2753Eligibility for defense services or defense articles
- § 2370Prohibitions against furnishing assistance
- § 2796Leasing authority
- § 2764Guaranties
- § 2796aReports to Congress
- § 2796bLegislative review procedures
- § 2765Annual estimate and justification for sales program
- § 2375Assistance to Pakistan
- § 8677Disposals to foreign nations
- § 8401Definitions
- § 2428bSpecial security assistance for modernization of Armed Forces of Korea
statutes-at-large
- Public Law 98–472
- Public Law 88–633
- Public Law 90–132
- Public Law 99–349Making urgent supplemental appropriations for the fiscal year ending September 30, 1986, and for other purposes
- Public Law 98–151
- Public Law 89–171
- Public Law 98–332
- Public Law 97–376To provide for the use and disposition of Miami Indians judgment funds in dockets 124–B and 254 before the United States Court of Claims, and for other purposes
- Public Law 93–559To amend the Foreign Assistance Act of 1961, and for other purposes
- Public Law 92–239
- Public Law 97–121Making appropriations for foreign assistance and related programs for the fiscal year ending September 30, 1982, and for other purposes
- Public Law 93–189
- Public Law 96–53To authorize appropriations for fiscal year 1980 for international development and economic assistance programs and for the Peace Corps, and for other purposes
- Public Law 99–188
- Public Law 101–44To authorize the transfer to the Republic of the Philippines of two excess naval vessels
- Public Law 94–330Making appropriations for Foreign Assistance and related programs for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes
- Public Law 95–481Making appropriations for Foreign Assistance and related programs for the fiscal year ending September 30, 1979, and for other purposes
- Public Law 99–661To authorize appropriations for fiscal year 1987 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to improve the defense acquisition pro
- Public Law 94–537To authorize the obligation and expenditure of funds to Implement for fiscal year 1877 the provisions of the Treaty of Friendship and Cooperation between the United States and Spain, signed at Madrid on January 24, 1970, and for other purposes
- Public Law 97–257Making supplemental appropriations for the fiscal year ending September 30, 1982, and for other purposes
- Public Law 94–11Making appropriations for Foreign Assistance and related programs for the fiscal year ending June 30, 1975, and for other purposes
- Public Law 111–73To authorize appropriations for fiscal years 2010 through 2014 to promote an enhanced strategic partnership with Pakistan and its people, and for other purposes
- Public Law 102–511To support freedom and open markets in the independent states of the former Soviet Union, and for other purposes
- Public Law 117–263To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 101–231To combat international narcotics production and trafficking
- Public Law 117–118To provide enhanced authority for the President to enter into agreements with the Government of Ukraine to lend or lease defense articles to that Government to protect civilian populations in Ukraine from Russian military invasion, and for other purposes
- Public Law 114–92To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 99–399To provide enhanced diplomatic security and combat international terrorism, and for other purposes
- Public Law 104–164To amend the Foreign Assistance Act of 1961 and the Arms Export Control Act to make improvements to certain defense and security assistance provisions under those Acts, to authorize the transfer of naval vessels to certain foreign countries, and for other purposes
- Public Law 99–83To authorize international development and security assistance programs and Peace Corps programs for fiscal years 1986 and 1987, and for other purposes
- Public Law 96–533To authorize appropriations for the fiscal year 1981 for international security and development assistance, the Peace Corps, and refugee assistance, and for other purposes
- Public Law 104–319Making certain provisions with respect to internationally recognized human rights, refugees, and foreign relations
- Public Law 95–92To amend the Foreign Assistance Act of 1961 to authorize international security assistance programs for fiscal year 1978, to amend the Arms Export Control Act to make certain changes in the authorities of that Act, and for other purposes
- Public Law 110–53To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States
- Public Law 94–104To authorize appropriations for the Board for International Broadcasting for fiscal year 1970; and to promote improved relations between the United States, Greece, and Turkey, to assist in the solution of the refugee problem on Cyprus, and to otherwise strengthen the North Atlantic Alliance
statute-compilations
- Sec. 1236AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA
- Sec. 1223MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND THE LEVANT
- Sec. 5503INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE ADDITIONS AND SUPPORT FOR TAIWAN
- Sec. 503General Authority
- Sec. 7035law enforcement and security
- Sec. 2LOAN AND LEASE OF DEFENSE ARTICLES TO THE GOVERNMENTS OF UKRAINE AND EASTERN FLANK COUNTRIES
Traces to 8 documents
U.S. Code
- Sales from stocks§ 2761
- Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy§ 2751
- Credit sales§ 2763
- Congressional findings and declaration of policy§ 2151
- Repealed. Pub. L. 90–629, ch. 4, § 45(a), Oct. 22, 1968, 82 Stat. 1327§ 2345
- Authorization of appropriations§ 2312
- Reorganization plan§ 542
- Exercise of functions§ 2381
41 references not yet in our index
- Pub. L. 87–195
- 75 Stat. 435
- Pub. L. 88–633, § 201(a)
- 78 Stat. 1011
- Pub. L. 89–171
- 79 Stat. 656
- Pub. L. 90–137
- 81 Stat. 455
- Pub. L. 93–189, § 12(b)(1)
- 87 Stat. 720
- Pub. L. 96–533, title I, § 112(a)
- 94 Stat. 3138
- Pub. L. 97–113, title I
- 95 Stat. 1526
- Pub. L. 99–83, title I, § 123(a)
- 99 Stat. 205
- Pub. L. 100–461, title V, § 586(a)
- 102 Stat. 2268–50
- Pub. L. 90–629
- 82 Stat. 1320
- 75 Stat. 424
- section 525(a) of Pub. L. 87–195
- 82 Stat. 1327
- Pub. L. 100–461
- Pub. L. 99–83
- Pub. L. 97–113, § 110(c)
- Pub. L. 97–113
- Pub. L. 96–533
- Pub. L. 93–189
- Pub. L. 90–137, § 201(b)(1)
- Pub. L. 90–137, § 201(b)(2)
- Pub. L. 90–137, § 201(b)(3)
- Pub. L. 88–633
- Pub. L. 100–461, title V, § 586(c)
- section 1301 of Pub. L. 99–83
- Pub. L. 100–461, title III
- 102 Stat. 2268–17
- Pub. L. 93–559, § 17
- 88 Stat. 1800
- Pub. L. 95–384, § 29(c)(4)
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Citation graph
cites case law
§ 2311
General authority
Pub. L.Pub. L. 87–195
Stat.75 Stat. 435
Pub. L.Pub. L. 88–633, § 201(a)
Stat.78 Stat. 1011
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