§ 2321j. Authority to transfer excess defense articles
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(a)Authorization The President is authorized to transfer excess defense articles under this section to countries for which receipt of such articles was justified pursuant to the annual congressional presentation documents for military assistance programs, or for programs under part VIII of subchapter I of this chapter, submitted under section 2394 of this title, or for which receipt of such articles was separately justified to the Congress, for the fiscal year in which the transfer is authorized.
(b)Limitations on transfers
(1)The President may transfer excess defense articles under this section only if—
(A)such articles are drawn from existing stocks of the Department of Defense;
(B)funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer;
(C)the transfer of such articles will not have an adverse impact on the military readiness of the United States;
(D)with respect to a proposed transfer of such articles on a grant basis, such a transfer is preferable to a transfer on a sales basis, after taking into account the potential proceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis;
(E)the President determines that the transfer of such articles will not have an adverse impact on the national technology and industrial base and, particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred; and
(F)the transfer of such articles is consistent with the policy framework for the Eastern Mediterranean established under section 2373 of this title.
(2)Accordingly, for the four-year period beginning on October 1, 1996, and thereafter for the four-period 1 beginning on October 1, 2000, the President shall ensure that excess defense articles offered to Greece and Turkey under this section will be made available consistent with the manner in which the President made available such excess defense articles during the four-year period that began on October 1, 1992, pursuant to section 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990.
(c)Terms of transfers
(1)No cost to recipient country Excess defense articles may be transferred under this section without cost to the recipient country.
(2)Priority Notwithstanding any other provision of law, the delivery of excess defense articles under this section to member countries of the North Atlantic Treaty Organization
(NATO)on the southern and southeastern flank of NATO, to major non-NATO allies on such southern and southeastern flank, to Taiwan, and to the Philippines shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to other countries.
(d)Waiver of requirement for reimbursement of Department of Defense expenses Section 2392(d) of this title shall not apply with respect to transfers of excess defense articles (including transportation and related costs) under this section.
(e)Transportation and related costs
(1)In general Except as provided in paragraph (2), funds available to the Department of Defense may not be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of this section.
(2)Exception The President may provide for the transportation of excess defense articles without charge to a country for the costs of such transportation if—
(A)it is determined that it is in the national interest of the United States to do so;
(B)the recipient is a developing country receiving less than $10,000,000 of assistance under part V of this subchapter (relating to international military education and training) or section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing program) in the fiscal year in which the transportation is provided;
(C)the total weight of the transfer does not exceed 50,000 pounds; and
(D)such transportation is accomplished on a space available basis.
(f)Advance notification to Congress for transfer of certain excess defense articles
(1)In general The President may not transfer excess defense articles that are significant military equipment (as defined in section 47(9) of the Arms Export Control Act [22 U.S.C. 2794(9)]) or excess defense articles valued (in terms of original acquisition cost) at $7,000,000 or more, under this section or under the Arms Export Control Act (22 U.S.C. 2751 et seq.) until 30 days after the date on which the President has provided notice of the proposed transfer to the congressional committees specified in section 2394–1(a) of this title in accordance with procedures applicable to reprogramming notifications under that section.
(2)Contents Such notification shall include—
(A)a statement outlining the purposes for which the article is being provided to the country, including whether such article has been previously provided to such country;
(B)an assessment of the impact of the transfer on the military readiness of the United States;
(C)an assessment of the impact of the transfer on the national technology and industrial base and, particularly, the impact on opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are to be transferred; and
(D)a statement describing the current value of such article and the value of such article at acquisition.
(g)Aggregate annual limitation
(1)In general The aggregate value of excess defense articles transferred to countries under this section in any fiscal year may not exceed $500,000,000.
(2)Effective date The limitation contained in paragraph
(1)shall apply only with respect to fiscal years beginning after fiscal year 1996.
(h)Congressional presentation documents Documents described in subsection
(a)justifying the transfer of excess defense articles shall include an explanation of the general purposes of providing excess defense articles as well as a table which provides an aggregate annual total of transfers of excess defense articles in the preceding year by country in terms of offers and actual deliveries and in terms of acquisition cost and current value. Such table shall indicate whether such excess defense articles were provided on a grant or sale basis.
(i)Excess Coast Guard property For purposes of this section, the term “excess defense articles” shall be deemed to include excess property of the Coast Guard, and the term “Department of Defense” shall be deemed, with respect to such excess property, to include the Coast Guard.
(Pub. L. 87–195, pt. II, § 516, as added Pub. L. 99–661, div. A, title XI, § 1101, Nov. 14, 1986, 100 Stat. 3960; amended Pub. L. 100–202, § 101(b) [title VIII, § 8143], Dec. 22, 1987, 101 Stat. 1321–43, 1329–89; Pub. L. 101–189, div. A, title IX, § 934, Nov. 29, 1989, 103 Stat. 1538; Pub. L. 101–513, title V, § 589, Nov. 5, 1990, 104 Stat. 2057; Pub. L. 102–190, div. A, title X, § 1049(a), Dec. 5, 1991, 105 Stat. 1469; Pub. L. 102–391, title V, § 574, Oct. 6, 1992, 106 Stat. 1683;
Pub. L. 102–484, div. A, title XIII, § 1313, Oct. 23, 1992, 106 Stat. 2548; Pub. L. 103–160, div. A, title XI, § 1182(c)(2), title XIV, § 1421, Nov. 30, 1993, 107 Stat. 1772, 1829; Pub. L. 103–236, title VII, § 731(a), Apr. 30, 1994, 108 Stat. 502; Pub. L. 104–106, div. A, title X, § 1012(g)(1), Feb. 10, 1996, 110 Stat. 422; Pub. L. 104–164, title I, § 104(a), July 21, 1996, 110 Stat. 1424; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, §§ 1211(b), 1213], Nov. 29, 1999, 113 Stat. 1536, 1501A–497, 1501A–498;
Pub. L. 106–280, title I, § 122, Oct. 6, 2000, 114 Stat. 851; Pub. L. 107–228, div. B, title XII, § 1234, Sept. 30, 2002, 116 Stat. 1433; Pub. L. 113–276, title II, § 202, Dec. 18, 2014, 128 Stat. 2990; Pub. L. 117–263, div. E, title LV, § 5503(c)(2), Dec. 23, 2022, 136 Stat. 3298.)
Connections365 cite this · traces to 12
Cited by 365 sections · top 60
public-private-law
- Public Law 115-232John S. McCain National Defense Authorization Act for Fiscal Year 2019
- Public Law 117-263James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Public Law 113-291Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
- Public Law 115-91National Defense Authorization Act for Fiscal Year 2018
- Public Law 118-31National Defense Authorization Act for Fiscal Year 2024
- Public Law 117-103Consolidated Appropriations Act, 2022
- Public Law 113-4Violence Against Women Reauthorization Act of 2013
- Public Law 113-276Naval Vessel Transfer Act of 2013
U.S. Code
- § 2151Congressional findings and declaration of policy
- § 2778Control of arms exports and imports
- § 2656Management of foreign affairs
- § 2381Exercise of functions
- § 2321jAuthority to transfer excess defense articles
- § 1928North Atlantic Treaty Organization
- § 2312Authorization of appropriations
- § 10431Authorization of sales of Virginia Class submarines to Australia
- § 2305National Security Assistance Strategy
- § 2912Authority to provide assistance to cooperative countries
- § 203AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO MEMBERSHIP.
- § 637SECURITY ASSISTANCE FOR EAST TIMOR.
- § 5548AUTHORIZATION TO TRANSFER EXCESS COAST GUARD VESSELS.
statutes-at-large
- Public Law 106–113Making consolidated appropriations for the fiscal year ending September 30, 2000,and for other purposes
- Public Law 96–92To amend the Foreign Assistance Act of 1961 and the Arms Export Control Act to authorize international security assistance programs for fiscal year 1980, and for other purposes
- Public Law 102–390To provide for the minting of commemorative coins to support the 1996 Atlanta Centennial Olympic Games and the programs of the United States Olympic Committee, to reauthorize and reform the United States Mint, and for other purposes
- Public Law 109–102Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2006, and for other purposes
- Public Law 107–107To authorize appropriations for fiscal year 2002 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, and for other purposes
- Public Law 104–106To authorize appropriations for fiscal year 1996 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 reform acquisition laws and informa
- Public Law 111–266To implement certain defense trade cooperation treaties, and for other purposes
- Public Law 109–134To authorize the transfer of naval vessels to certain foreign recipients
- Public Law 102–322To authorize the transfer of certain naval vessels to Greece and Taiwan
- 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 112–239To authorize appropriations for fiscal year 2013 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 107–57To authorize the President to exercise waivers of foreign assistance restrictions with respect to Pakistan through September 30, 2003, 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 111–84To authorize appropriations for fiscal year 2010 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 106–280To 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 101–189To authorize appropriations for fiscal years 1990 and 1991 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 years for the Armed Forces, and for other purposes
- Public Law 117–103Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 110–429To authorize the transfer of naval vessels to certain foreign recipients, and for other purposes
- Public Law 110–229To authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to a
- Public Law 109–163To authorize appropriations for fiscal year 2006 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 110–457To authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, and for other purposes
- Public Law 101–167Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1990, and for other purposes
- Public Law 102–484To authorize appropriations for fiscal year 1993 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 provide for defense conversion, and
- Public Law 107–115Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2002, and for other purposes
- Public Law 106–65To authorize appropriations for fiscal year 2000 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, and for other purposes
- Public Law 108–447Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2005, and for other purposes
- Public Law 106–398To authorize appropriations for fiscal year 2001 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, and for other purposes
- Public Law 105–262Making appropriations for the Department of Defense for the fiscal year ending September 30, 1999, and for other purposes
statute-compilations
- Sec. 1222AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF AFGHANISTAN
- Sec. 516AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES
- Sec. 1211EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN COUNTRIES
- Sec. 1213INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE ARTICLES
- Sec. 1308SECURITY ASSISTANCE FOR THE PHILIPPINES
- Sec. 1212EXCESS DEFENSE ARTICLES FOR CERTAIN OTHER COUNTRIES
- Sec. 1208CHILD SOLDIERS
- Sec. 1352AUTHORIZATION OF SALES OF VIRGINIA CLASS SUBMARINES TO AUSTRALIA
- Sec. 5503INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE ADDITIONS AND SUPPORT FOR TAIWAN
- Sec. 1020TRANSFER OF EXCESS NAVAL VESSEL TO BAHRAIN
- Sec. 1276TRANSFER OF EXCESS HIGH MOBILITY MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES
Traces to 12 documents
U.S. Code
- Reports and information; definitions§ 2394
- Eastern Mediterranean policy requirements§ 2373
- Government agencies§ 2392
- Credit sales§ 2763
- Definitions§ 2794
- Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy§ 2751
- Reorganization plan§ 542
- Authority to transfer excess defense articles§ 2321j
- Definitions§ 2403
- Exercise of functions§ 2381
89 references not yet in our index
- 1
- Pub. L. 87–195
- Pub. L. 99–661, div. A, title XI, § 1101
- 100 Stat. 3960
- Pub. L. 100–202, § 101(b) [title VIII, § 8143]
- 101 Stat. 1321–43
- Pub. L. 101–189, div. A, title IX, § 934
- 103 Stat. 1538
- Pub. L. 101–513, title V, § 589
- 104 Stat. 2057
- Pub. L. 102–190, div. A, title X, § 1049(a)
- 105 Stat. 1469
- Pub. L. 102–391, title V, § 574
- 106 Stat. 1683
- Pub. L. 102–484, div. A, title XIII, § 1313
- 106 Stat. 2548
- Pub. L. 103–160, div. A, title XI, § 1182(c)(2)
- 107 Stat. 1772
- Pub. L. 103–236, title VII, § 731(a)
- 108 Stat. 502
- Pub. L. 104–106, div. A, title X, § 1012(g)(1)
- 110 Stat. 422
- Pub. L. 104–164, title I, § 104(a)
- 110 Stat. 1424
- Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, §§ 1211(b), 1213]
- 113 Stat. 1536
- Pub. L. 106–280, title I, § 122
- 114 Stat. 851
- Pub. L. 107–228, div. B, title XII, § 1234
- 116 Stat. 1433
- 128 Stat. 2990
- 136 Stat. 3298
- section 573(e) of Pub. L. 101–167
- Pub. L. 90–629
- 82 Stat. 1320
- Pub. L. 94–329, title I, § 105
- 90 Stat. 732
- Pub. L. 95–92
- 91 Stat. 615
- Pub. L. 95–384, § 7(b)
+ 49 more
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§ 2321j
Authority to transfer excess defense articles
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Cite1
Pub. L.Pub. L. 87–195
Pub. L.Pub. L. 99–661, div. A, title XI, § 1101
Cites 101 · showing 12Cited by 365 across 7 sources