1. U.S. Code
  2. title 22
  3. chapter 32
  4. subchapter II
  5. part II
  6. § 2311

Collapse to view only § 2311. General authority

§ 2311. General authority
(a) Defense articles and services; noncombatant personnel; transfer of fundsThe 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 conditionsIn 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.)

CITE AS: 22 USC 2311

§ 2312. Authorization of appropriations
(a) Authorization and availability of amounts
(1) There are authorized to be appropriated to the President to carry out the purposes of this part $805,100,000 for fiscal year 1986 and $805,100,000 for fiscal year 1987.
(2) Amounts appropriated under this subsection are authorized to remain available until expended.
(b) Programing and budgeting procedures
(Pub. L. 87–195, pt. II, § 504, Sept. 4, 1961, 75 Stat. 436; Pub. L. 88–205, pt. II, § 202(a), Dec. 16, 1963, 77 Stat. 384; Pub. L. 88–633, pt. II, § 201(b), Oct. 7, 1964, 78 Stat. 1011; Pub. L. 89–171, pt. II, § 201(b), Sept. 6, 1965, 79 Stat. 656; Pub. L. 89–583, pt. II, § 201(a), Sept. 19, 1966, 80 Stat. 802; Pub. L. 90–137, pt. II, § 201(c), Nov. 14, 1967, 81 Stat. 455; Pub. L. 90–554, pt. II, § 201(a), Oct. 8, 1968, 82 Stat. 962; Pub. L. 91–175, pt. II, § 201, Dec. 30, 1969, 83 Stat. 819; Pub. L. 92–226, pt. II, § 201(a), Feb. 7, 1972, 86 Stat. 25; Pub. L. 93–189, § 12(b)(2), Dec. 17, 1973, 87 Stat. 721; Pub. L. 93–559, § 10, Dec. 30, 1974, 88 Stat. 1798; Pub. L. 94–329, title I, § 101, June 30, 1976, 90 Stat. 729; Pub. L. 95–23, Apr. 30, 1977, 91 Stat. 54; Pub. L. 95–92, § 5(a), Aug. 4, 1977, 91 Stat. 614; Pub. L. 95–384, § 7(a), Sept. 26, 1978, 92 Stat. 732; Pub. L. 96–92, § 5(a), Oct. 29, 1979, 93 Stat. 702; Pub. L. 96–533, title I, § 112(b), Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97–113, title I, § 110(a), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 99–83, title I, § 103, Aug. 8, 1985, 99 Stat. 195.)

CITE AS: 22 USC 2312

§ 2313. Transferred

CITE AS: 22 USC 2313

§ 2314. Furnishing of defense articles or related training or other defense service on grant basis
(a) Conditions of eligibilityIn addition to such other provisions as the President may require, no defense articles or related training or other defense service shall be furnished to any country on a grant basis unless it shall have agreed that—
(1) it will not, without the consent of the President—
(A) permit any use of such articles or related training or other defense service by anyone not an officer, employee, or agent of that country,
(B) transfer, or permit any officer, employee, or agent of that country to transfer such articles or related training or other defense service by gift, sale, or otherwise, or
(C) use or permit the use of such articles or related training or other defense service for purposes other than those for which furnished;
(2) it will maintain the security of such articles or related training or other defense service, and will provide substantially the same degree of security protection afforded to such articles or related training or other defense service by the United States Government;
(3) it will, as the President may require, permit continuous observation and review by, and furnish necessary information to, representatives of the United States Government with regard to the use of such articles or related training or other defense service; and
(4) unless the President consents to other disposition, it will return to the United States Government for such use or disposition as the President considers in the best interests of the United States, such articles or related training or other defense service which are no longer needed for the purposes for which furnished.
(b) Limitation on amount; exceptionsNo defense articles shall be furnished on a grant basis to any country at a cost in excess of $3,000,000 in any fiscal year unless the President determines—
(1) that such country conforms to the purposes and principles of the Charter of the United Nations;
(2) that such defense articles will be utilized by such country for the maintenance of its own defensive strength, or the defensive strength of the free world;
(3) that such country is taking all reasonable measures, consistent with its political and economic stability, which may be needed to develop its defense capacities; and
(4) that the increased ability of such country to defend itself is important to the security of the United States.
(c) Reduction and termination of grants to countries able to maintain adequate military forces without undue economic strain
(d) Termination of assistance; report of violation by President; conditions for reinstatement
(1) Assistance and deliveries of assistance under this part to any country shall be terminated as hereinafter provided, if such country uses defense articles or defense services furnished under this chapter, the Mutual Security Act of 1954, or any predecessor Foreign Assistance Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (A) by using such articles or services for a purpose not authorized under section 2302 of this title or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 2302 of this title, for a purpose not authorized under such agreement; (B) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee, or agent of the recipient country without the consent of the President; or (C) by failing to maintain the security of such articles or services.
(2)
(A) Assistance and deliveries of assistance shall be terminated pursuant to paragraph (1) of this subsection if the President so determines and so states in writing to the Congress, or if the Congress so finds by joint resolution.
(B) The President shall report to the Congress promptly upon the receipt of information that a violation described in paragraph (1) of this subsection may have occurred.
(3) Assistance to a country shall remain terminated in accordance with paragraph (1) of this subsection until such time as—
(A) the President determines that the violation has ceased; and
(B) the country concerned has given assurances satisfactory to the President that such violation will not recur.
(4) The authority contained in section 2364(a) of this title may not be used to waive the provisions of this section with respect to further assistance under this part.
(e) Consent by President to transfer
(f) Disposition of defense articles furnished on a grant basis; net proceeds to be paid over to the United States
(g) Discrimination on basis of race, religion, national origin, or sex prohibited
(1) It is the policy of the United States that no assistance under this part should be furnished to any foreign country, the laws, regulations, official policies, or governmental practices of which prevent any United States person (as defined in section 7701(a)(30) of title 26) from participating in the furnishing of defense articles or defense services under this part on the basis of race, religion, national origin, or sex.
(2)
(A) No agency performing functions under this part shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.
(B) Each contract entered into by any such agency for the performance of any function under this part shall contain a provision to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.
(3) The President shall promptly transmit reports to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate concerning any transaction in which any United States person (as defined in section 7701(a)(30) of title 26) is prevented by a foreign government on the basis of race, religion, national origin, or sex, from participating in the furnishing of assistance under this part, or education and training under part V of this subchapter, to any foreign country. Such reports shall include (A) a description of the facts and circumstances of any such discrimination, (B) the response thereto on the part of the United States or any agency or employee thereof, and (C) the result of such response, if any.
(4)
(A) Upon the request of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, the President shall, within 60 days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor, with respect to the country designated in such request, setting forth—
(i) all the available information about the exclusionary policies or practices of the government of such country when such policies or practices are based upon race, religion, national origin, or sex and prevent any such person from participating in a transaction involving the furnishing of any assistance under this part or any education and training under part V of this subchapter;
(ii) the response of the United States thereto and the results of such response;
(iii) whether, in the opinion of the President, notwithstanding any such policies or practices—(I) extraordinary circumstances exist which necessitate a continuation of such assistance or education and training transaction, and, if so, a description of such circumstances and the extent to which such assistance or education and training transaction should be continued (subject to such conditions as Congress may impose under this section), and(II) on all the facts it is in the national interest of the United States to continue such assistance or education and training transaction; and
(iv) such other information as such committee may request.
(B) In the event a statement with respect to an assistance or training transaction is requested pursuant to subparagraph (A) of this paragraph but is not transmitted in accordance therewith within 60 days after receipt of such request, such assistance or training transaction shall be suspended unless and until such statement is transmitted.
(i) In the event a statement with respect to an assistance or training transaction is transmitted under subparagraph (A) of this paragraph, the Congress may at any time thereafter adopt a joint resolution terminating or restricting such assistance or training transaction.
(ii) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(iii) The term “certification”, as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under subparagraph (A) of this paragraph.
(Pub. L. 87–195, pt. II, § 505, formerly § 506, Sept. 4, 1961, 75 Stat. 436; Pub. L. 87–565, pt. II, § 201(a), Aug. 1, 1962, 76 Stat. 259; Pub. L. 89–583, pt. II, § 201(b), Sept. 19, 1966, 80 Stat. 803; renumbered § 505, Pub. L. 90–137, pt. II, § 201(e), Nov. 14, 1967, 81 Stat. 456 and amended Pub. L. 92–226, pt. II, § 201(b), (c), Feb. 7, 1972, 86 Stat. 25; Pub. L. 93–189, § 12(b)(3), Dec. 17, 1973, 87 Stat. 721; Pub. L. 94–329, title II, §§ 203(b), 204(b)(2), title III, §§ 302(a), 304(a), June 30, 1976, 90 Stat. 735, 736, 751, 754; Pub. L. 95–105, title I, § 109(a)(4), Aug. 17, 1977, 91 Stat. 846; Pub. L. 99–83, title I, § 123(b), Aug. 8, 1985, 99 Stat. 205; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101–513, title III, Nov. 5, 1990, 104 Stat. 1998; Pub. L. 103–236, title I, § 162(e)(2), Apr. 30, 1994, 108 Stat. 405; Pub. L. 103–437, § 9(a)(6), Nov. 2, 1994, 108 Stat. 4588.)

CITE AS: 22 USC 2314

§ 2314a. Repealed. Pub. L. 93–189, § 26(4), Dec. 17, 1973, 87 Stat. 731

CITE AS: 22 USC 2314a

§§ 2315 to 2317. Transferred

CITE AS: 22 USC 2315 to 2317

§ 2318. Special authority
(a) Unforeseen emergency; national interest; determinations and reports to Congress; limitation of defense articles, defense services, and military education and training furnished
(1) If the President determines and reports to the Congress in accordance with section 2411 of this title that—
(A) an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and
(B) 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;
he may direct, for the purposes of subchapter II of this chapter, 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 $100,000,000 in any fiscal year.
(2)
(A) If the President determines and reports to the Congress in accordance with section 2411 of this title that it is in the national interest of the United States to draw down articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training—
(i) for the purposes and under the authorities of—(I) part VIII of subchapter I of this chapter (relating to international narcotics control assistance);(II) part IX of subchapter I of this chapter (relating to international disaster assistance);(III) part VIII of subchapter II of this chapter (relating to antiterrorism assistance);(IV) part IX of subchapter II of this chapter (relating to nonproliferation assistance); or(V) the Migration and Refugee Assistance Act of 1962 [22 U.S.C. 2601 et seq.]; or
(ii) for the purpose of providing such articles, services, and military education and training to Vietnam, Cambodia, and Laos as the President determines are necessary—(I) 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(II) 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.
(B) An aggregate value of not to exceed $200,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph—
(i) not more than $75,000,000 of which may be provided from the drawdown from the inventory and resources of the Department of Defense;
(ii) not more than $75,000,000 of which may be provided pursuant to clause (i)(I) of such subparagraph; and
(iii) not more than $15,000,000 of which may be provided to Vietnam, Cambodia, and Laos pursuant to clause (ii) of such subparagraph.
(3) 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.
(b) Notification and information to Congress of assistance furnished
(1) 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.
(2) 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.
(c) Commercial transportation and related services
(d) Authorization of appropriations for reimbursement of applicable funds
(Pub. L. 87–195, pt. II, § 506, formerly § 510, Sept. 4, 1961, 75 Stat. 437; Pub. L. 87–565, pt. II, § 201(d), Aug. 1, 1962, 76 Stat. 260; Pub. L. 88–205, pt. II, § 202(c), Dec. 16, 1963, 77 Stat. 384; Pub. L. 88–633, pt. II, § 201(e), Oct. 7, 1964, 78 Stat. 1012; Pub. L. 89–171, pt. II, § 201(g), Sept. 6, 1965, 79 Stat. 658; Pub. L. 89–583, pt. II, § 201(d), Sept. 19, 1966, 80 Stat. 803; renumbered § 506 and amended Pub. L. 90–137, pt. II, § 201(j), Nov. 14, 1967, 81 Stat. 457; Pub. L. 90–554, pt. II, § 201(b), Oct. 8, 1968, 82 Stat. 962; Pub. L. 91–175, pt. II, § 202, Dec. 30, 1969, 83 Stat. 820; Pub. L. 92–226, pt. II, § 201(d), pt. III, § 304(a)(2), Feb. 7, 1972, 86 Stat. 25, 28; Pub. L. 93–189, § 12(b)(4), Dec. 17, 1973, 87 Stat. 721; Pub. L. 93–559, § 11, Dec. 30, 1974, 88 Stat. 1798; Pub. L. 94–329, title I, § 102, June 30, 1976, 90 Stat. 730; Pub. L. 96–92, § 5(b), Oct. 29, 1979, 93 Stat. 702; Pub. L. 96–533, title I, § 112(c), Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97–113, title I, § 110(b), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 101–167, title V, § 551(b), Nov. 21, 1989

CITE AS: 22 USC 2318

§§ 2319 to 2321. Repealed. Pub. L. 93–189, § 12(b)(5), Dec. 17, 1973, 87 Stat. 722

CITE AS: 22 USC 2319 to 2321

§ 2321a. Repealed. Pub. L. 94–329, title I, § 106(b)(1), June 30, 1976, 90 Stat. 733

CITE AS: 22 USC 2321a

§ 2321b. Excess defense article
(a) to (c) Repealed. Pub. L. 94–329, title II, § 210(c)(2), June 30, 1976, 90 Stat. 740
(d) Reports to Congress
(Pub. L. 91–672, § 8, Jan. 12, 1971, 84 Stat. 2054; Pub. L. 92–226, pt. IV, § 402, Feb. 7, 1972, 86 Stat. 33; Pub. L. 93–189, § 26(1)–(3), Dec. 17, 1973, 87 Stat. 731; Pub. L. 93–559, § 13, Dec. 30, 1974, 88 Stat. 1799; Pub. L. 94–329, title II, § 210(c)(2), June 30, 1976, 90 Stat. 740; Pub. L. 95–384, § 29(a), Sept. 26, 1978, 92 Stat. 747.)

CITE AS: 22 USC 2321b

§ 2321c. Definitions
For purposes of sections 2321b and 2314a 1
1 See References in Text note below.
of this title—
(1) “defense article” and “excess defense articles” have the same meanings as given them in subsections (d) and (g), respectively, of section 2403 of this title; and
(2) “foreign country” includes any department, agency, or independent establishment of the foreign country.
(Pub. L. 91–672, § 11, Jan. 12, 1971, 84 Stat. 2055.)

CITE AS: 22 USC 2321c

§ 2321d. Considerations in furnishing military assistance
Decisions to furnish military assistance made under subchapter II of this chapter shall take into account whether such assistance will—
(1) contribute to an arms race;
(2) increase the possibility of outbreak or escalation of conflict; or
(3) prejudice the development of bilateral or multilateral arms control arrangements.
(Pub. L. 87–195, pt. II, § 511, as added Pub. L. 92–226, pt. II, § 201(f), Feb. 7, 1972, 86 Stat. 25; amended Pub. L. 94–141, title I, § 150(c), Nov. 29, 1975, 89 Stat. 760; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(b), Oct. 21, 1998, 112 Stat. 2681–773.)

CITE AS: 22 USC 2321d

§ 2321e. Repealed. Pub. L. 93–189, § 12(b)(5), Dec. 17, 1973, 87 Stat. 722

CITE AS: 22 USC 2321e

§ 2321f. Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560

CITE AS: 22 USC 2321f

§ 2321g. Repealed. Pub. L. 93–189, § 12(b)(5), Dec. 17, 1973, 87 Stat. 722

CITE AS: 22 USC 2321g

§ 2321h. Stockpiling of defense articles for foreign countries
(a) Transfer of defense articles
(b) Fiscal year limits on new stockpiles or additions to existing stockpiles located in foreign countries
(1) The value of defense articles to be set aside, earmarked, reserved, or intended for use as war reserve stocks for allied or other foreign countries (other than for purposes of the North Atlantic Treaty Organization or in the implementation of agreements with Israel) in stockpiles located in foreign countries may not exceed in any fiscal year an amount that is specified in security assistance authorizing legislation for that fiscal year.
(2)
(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $500,000,000 for any of the fiscal years 2023, 2024, 2025 and 2026.
(B) Of the amount specified in subparagraph (A) for a fiscal year, not more than $200,000,000 may be made available for stockpiles in the State of Israel.
(c) Location of stockpiles of defense articles
(1) Limitation
(2) Exceptions
(d) Transferred articles not to be considered excess articles in determining value
(Pub. L. 87–195, pt. II, § 514, as added Pub. L. 93–559, § 15, Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94–329, title I, § 103, June 30, 1976, 90 Stat. 730; Pub. L. 95–92, § 6, Aug. 4, 1977, 91 Stat. 615; Pub. L. 95–384, § 8, Sept. 26, 1978, 92 Stat. 732; Pub. L. 96–92, § 6(a), Oct. 29, 1979, 93 Stat. 703; Pub. L. 96–533, title I, § 113, Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97–113, title I, § 111, Dec. 29, 1981, 95 Stat. 1527; Pub. L. 98–473, title I, § 101(1) [title V, § 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; Pub. L. 99–83, title I, § 124, Aug. 8, 1985, 99 Stat. 205; Pub. L. 100–202, § 101(e) [title III, § 301], Dec. 22, 1987, 101 Stat. 1329–131, 1329–147; Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 101–167, title V, § 587(b), Nov. 21, 1989, 103 Stat. 1253; Pub. L. 101–510, div. A, title XIII, § 1303(b), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 101–513, title V, § 573, Nov. 5, 1990, 104 Stat. 2042; Pub. L. 102–391, title V, § 569, Oct. 6, 1992, 106 Stat. 1681; Pub. L. 103–87, title V, § 535, Sept. 30, 1993, 107 Stat. 955; Pub. L. 103–306, title V, § 535, Aug. 23, 1994, 108 Stat. 1637; Pub. L. 104–107, title V, § 531B, Feb. 12, 1996, 110 Stat. 732; Pub. L. 105–118, title V, § 575, Nov. 26, 1997, 111 Stat. 2433; Pub. L. 105–277, div. A, § 101(d) [title V, § 571], Oct. 21, 1998, 112 Stat. 2681–150, 2681–198; Pub. L. 106–113, div. B, §§ 1000(a)(2) [title V, § 584], 1000(a)(7) [div. B, title XII, § 1231], Nov. 29, 1999, 113 Stat. 1535, 1536, 1501A–117, 1501A–499; Pub. L. 106–280, title I, § 111, Oct. 6, 2000, 114 Stat. 849; Pub. L. 107–228, div. B, title XII, § 1261, Sept. 30, 2002, 116 Stat. 1434; Pub. L. 108–287, title X, § 12002, Aug. 5, 2004, 118 Stat. 1011; Pub. L. 109–472, § 13(a)(2), Jan. 11, 2007, 120 Stat. 3559; Pub. L. 111–266, title III, § 302(b), Oct. 8, 2010, 124 Stat. 2804; Pub. L. 112–150, § 5(a)(2), July 27, 2012, 126 Stat. 1148; Pub. L. 113–296, § 5(b), Dec. 19, 2014, 128 Stat. 4076; Pub. L. 114–113, div. K, title VII, § 7034(k)(11)(B), Dec. 18, 2015, 129 Stat. 2765; Pub. L. 115–31, div. J, title VII, § 7034(k)(7)(B), May 5, 2017, 131 Stat. 651; Pub. L. 115–141, div. K, title VII, § 7034(l)(7)(B), Mar. 23, 2018, 132 Stat. 896; Pub. L. 116–6, div. F, title VII, § 7049(b)(4)(B), Feb. 15, 2019, 133 Stat. 366; Pub. L. 116–94, div. G, title VII, § 7035(b)(3)(B), Dec. 20, 2019, 133 Stat. 2878; Pub. L. 116–260, div. K, title VII, § 7035(b)(3)(B), Dec. 27, 2020, 134 Stat. 1756; Pub. L. 116–283, div. A, title XII, § 1274(b), Jan. 1, 2021, 134 Stat. 3979; Pub. L. 117–103, div. K, title VII, § 7035(b)(3)(B), Mar. 15, 2022, 136 Stat. 628; Pub. L. 117–263, div. E, title LV, § 5503(a), (c)(1), Dec. 23, 2022, 136 Stat. 3298; Pub. L. 118–47, div. F, title VII, § 7035(b)(5), Mar. 23, 2024, 138 Stat. 796.)

CITE AS: 22 USC 2321h

§ 2321i. Overseas management of assistance and sales programs
(a) Assignment of military personnel for performance of enumerated functions
In order to carry out his responsibilities for the management of international security assistance programs conducted under this part, part V of this subchapter, and the Arms Export Control Act [22 U.S.C. 2751 et seq.], the President may assign members of the Armed Forces of the United States to a foreign country to perform one or more of the following functions:
(1) equipment and services case management;
(2) training management;
(3) program monitoring;
(4) evaluation and planning of the host government’s military capabilities and requirements;
(5) administrative support;
(6) promoting rationalization, standardization, interoperability, and other defense cooperation measures; and
(7) liaison functions exclusive of advisory and training assistance.
(b) Furnishing of advisory and training assistance
(c) Number of personnel assigned; waiver; procedures applicable
(1) The number of members of the Armed Forces assigned to a foreign country under this section may not exceed six unless specifically authorized by the Congress. The president may waive this limitation if he determines and reports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, 30 days prior to the introduction of the additional military personnel, that United States national interests require that more than six members of the Armed Forces be assigned under this section to carry out international security assistance programs in a country not specified in this paragraph. Pakistan, Tunisia, El Salvador, Honduras, Colombia, Indonesia, the Republic of Korea, the Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and Turkey are authorized to have military personnel strengths larger than six under this section to carry out international security assistance programs.
(2) The total number of members of the Armed Forces assigned under this section to a foreign country in a fiscal year may not exceed the number justified to the Congress for that country in the congressional presentation materials for that fiscal year, unless the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives are notified 30 days in advance of the introduction of the additional military personnel.
(d) Costs
(e) Direction and supervision of assigned personnel
(f) Presidential directive respecting purchase by foreign country of United States-made military equipment
(Pub. L. 87–195, pt. II, § 515, as added Pub. L. 93–559, § 16, Dec. 30, 1974

CITE AS: 22 USC 2321i

§ 2321j. Authority to transfer excess defense articles
(a) Authorization
(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
1 So in original. Probably should be “four-year period”.
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
(2) Priority
(d) Waiver of requirement for reimbursement of Department of Defense expenses
(e) Transportation and related costs
(1) In general
(2) ExceptionThe 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
(2) ContentsSuch 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
(2) Effective date
(h) Congressional presentation documents
(i) Excess Coast Guard property
(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.)

CITE AS: 22 USC 2321j

§ 2321k. Designation of major non-NATO allies
(a) Notice to Congress
The President shall notify the Congress in writing at least 30 days before—
(1) designating a country as a major non-NATO ally for purposes of this chapter and the Arms Export Control Act (
(2) terminating such a designation.
(b) Initial designations
(Pub. L. 87–195, pt. II, § 517, as added Pub. L. 104–164, title I, § 147(a)(1), July 21, 1996, 110 Stat. 1434.)

CITE AS: 22 USC 2321k

§§ 2321l to 2321n. Repealed. Pub. L. 104–164, title I, § 104(b)(2)(B), July 21, 1996, 110 Stat. 1427

CITE AS: 22 USC 2321l to 2321n

§ 2322. Transferred

CITE AS: 22 USC 2322

§ 2323. Transfer of defense articles or services
(a) Notice to Congress
(b) Activities affectedThis section applies to—
(1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the United Nations Charter under the authority of a United Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation.
(c) Contents of noticeA notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services to be transferred.
(2) A statement of the value of the equipment, supplies, or services to be transferred.
(3) In the case of a proposed transfer of equipment or supplies—
(A) a statement of whether the inventory requirements of all elements of the Armed Forces (including the reserve components) for the type of equipment or supplies to be transferred have been met; and
(B) a statement of whether the items proposed to be transferred will have to be replaced and, if so, how the President proposes to provide funds for such replacement.
(Pub. L. 113–235, div. C, title VIII, § 8050, Dec. 16, 2014, 128 Stat. 2264.)

CITE AS: 22 USC 2323