§ 2311. General authority
(a) Defense articles and services; noncombatant
personnel; transfer of funds
The President is authorized to furnish mili-
tary 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 se-
curity 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 de-
fense service;
(2) assigning or detailing members of the
Armed Forces of the United States and other
personnel of the Department of Defense to per-
form duties of a noncombatant nature; or
(3) transferring such of the funds appro-
priated or otherwise made available under this
part as the President may determine for as-
sistance 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 de-
posited 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 trans-
ferred 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 sala-
ries of members of the Armed Forces of the
United States (other than the Coast Guard).
Page 781
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2311
(b) Terms and conditions
In addition to such other terms and conditions
as the President may determine pu
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Page 780
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2305
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see
section 512(a) of Pub. L. 96–53, set out as a note under
section 2151 of this title.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of President under this
section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
56673, as amended, set out as a note under section 2381
of this title.
§ 2305. National Security Assistance Strategy
(a) Multiyear plan
Not later than 180 days after October 6, 2000,
and annually thereafter at the time of submis-
sion of the congressional presentation materials
of the foreign operations appropriations budget
request, the Secretary of State should submit to
the appropriate committees of Congress a plan
setting forth a National Security Assistance
Strategy for the United States.
(b) Elements of the Strategy
The National Security Assistance Strategy
should—
(1) set forth a multi-year plan for security
assistance programs;
(2) be consistent with the National Security
Strategy of the United States;
(3) be coordinated with the Secretary of De-
fense and the Chairman of the Joint Chiefs of
Staff;
(4) be prepared, in consultation with other
agencies, as appropriate;
(5) identify overarching security assistance
objectives, including identification of the role
that specific security assistance programs will
play in achieving such objectives;
(6) identify a primary security assistance ob-
jective, as well as specific secondary objec-
tives, for individual countries;
(7) identify, on a country-by-country basis,
how specific resources will be allocated to ac-
complish both primary and secondary objec-
tives;
(8) discuss how specific types of assistance,
such as foreign military financing and inter-
national military education and training, will
be combined at the country level to achieve
United States objectives; and
(9) detail, with respect to each of the para-
graphs (1) through (8), how specific types of as-
sistance provided pursuant to the Arms Export
Control Act [22 U.S.C. 2751 et seq.] and the
Foreign Assistance Act of 1961 [22 U.S.C. 2151
et seq.] are coordinated with United States as-
sistance programs managed by the Depart-
ment of Defense and other agencies.
(c) Covered assistance
The National Security Assistance Strategy
should cover assistance provided under—
(1) section 23 of the Arms Export Control Act
(22 U.S.C. 2763);
(2) chapter 5 of part II of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2347 et seq.); and
(3) section 516 of the Foreign Assistance Act
of 1961 [22 U.S.C. 2321j].
(Pub. L. 106–280, title V, § 501, Oct. 6, 2000, 114
Stat. 854.)
Editorial Notes
REFERENCES IN TEXT
The Arms Export Control Act, referred to in subsec.
(b)(9), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which
is classified principally to chapter 39 (§ 2751 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2751 of
this title and Tables.
The Foreign Assistance Act of 1961, referred to in sub-
secs. (b)(9) and (c)(2), is Pub. L. 87–195, Sept. 4, 1961, 75
Stat. 424, which is classified principally to this chapter.
Chapter 5 of part II of the Act is classified generally to
part V (§ 2347 et seq.) of subchapter II of this chapter.
For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title
and Tables.
CODIFICATION
Section was enacted as part of the Security Assist-
ance Act of 2000, and not as part of the Foreign Assist-
ance Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
DEFINITION
Pub. L. 106–280, § 2, Oct. 6, 2000, 114 Stat. 846, provided
that: ‘‘In this Act [see Short Title of 2000 Amendments
note set out under section 2151 of this title], the term
‘appropriate committees of Congress’ means the Com-
mittee on Foreign Relations of the Senate and the
Committee on International Relations [now Committee
on Foreign Affairs] of the House of Representatives.’’
PART II—MILITARY ASSISTANCE
§ 2311. General authority
(a) Defense articles and services; noncombatant
personnel; transfer of funds
The President is authorized to furnish mili-
tary 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 se-
curity 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 de-
fense service;
(2) assigning or detailing members of the
Armed Forces of the United States and other
personnel of the Department of Defense to per-
form duties of a noncombatant nature; or
(3) transferring such of the funds appro-
priated or otherwise made available under this
part as the President may determine for as-
sistance 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 de-
posited 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 trans-
ferred 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 sala-
ries of members of the Armed Forces of the
United States (other than the Coast Guard).
Page 781
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2311
(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 reim-
bursed for the loan based on the amount
charged to the appropriation for military as-
sistance 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 arti-
cle 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 mili-
tary assistance for any fiscal year while the ar-
ticle 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 dur-
ing 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 de-
fense service which the United States Govern-
ment agreed, prior to December 17, 1973, to
lend; and
(B) to any defense article or defense service,
or portion thereof, acquired with funds appro-
priated 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.)
Editorial Notes
REFERENCES IN TEXT
The Arms Export Control Act, referred to in subsec.
(a)(3), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which
is classified principally to chapter 39 (§ 2751 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2751 of
this title and Tables.
This chapter, referred to in subsec. (c)(2)(B), was in
the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept.
4, 1961, 75 Stat. 424, known as the Foreign Assistance
Act of 1961. For complete classification of this Act to
the Code, see Short Title note set out under section
2151 of this title and Tables.
CODIFICATION
A guaranty provision, formerly subsec. (e) of this sec-
tion, was renumbered section 525(a) of Pub. L. 87–195 by
Pub. L. 90–137, pt. II, § 201(b)(3), Nov. 14, 1967, 81 Stat.
455, and classified to section 2345(a) of this title and re-
pealed by Pub. L. 90–629, ch. 4, § 45(a), Oct. 22, 1968, 82
Stat. 1327.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–461 inserted in last sen-
tence ‘‘or from funds made available on a non-repay-
able basis under section 23 of the Arms Export Control
Act’’ after ‘‘under paragraph (3)’’ and ‘‘(other than the
Coast Guard)’’ after ‘‘Armed Forces of the United
States’’.
1985—Subsec. (a). Pub. L. 99–83 inserted sentence re-
lating to pricing of sales wholly paid from transferred
funds.
1981—Subsec. (a)(3). Pub. L. 97–113, § 110(c), sub-
stituted ‘‘country’’ for ‘‘specified in section 2312(a)(1) of
this title, within the dollar limitations of that sec-
tion’’.
Subsec. (b)(5). Pub. L. 97–113 substituted provision re-
specting payment of restoration or replacement costs
for defense articles on loan for provision for making
such a loan only if arrangements were made with the
agency making the loan for reimbursement in the
event the article was lost or destroyed while on loan,
the reimbursement of which was to be made first out of
any funds available to carry out this part and based on
the depreciated value of the article at the time of loss
or destruction.
1980—Subsec. (a)(3). Pub. L. 96–533 added par. (3).
1973—Pub. L. 93–189 designated existing provisions as
subsec. (a), struck out references to making financial
contributions to multilateral programs for the acquisi-
tion or construction of facilities for collective defense
and providing financial assistance for expenses incident
to participation by the United States government in re-
gional or collective defense organizations, and added
subsecs. (b) and (c).
1967—Subsec. (a). Pub. L. 90–137, § 201(b)(1), sub-
stituted ‘‘or grant’’ for ‘‘, lease, sale, exchange, grant,
or any other means’’.
Subsec. (d). Pub. L. 90–137, § 201(b)(2), substituted a pe-
riod for ‘‘; and’’.
Subsec. (e). Pub. L. 90–137, § 201(b)(3), struck out sub-
sec. (e) which related to the guaranty and insuring
against political and credit risks in connection with
credit sales for defense articles and services procured in
the United States. See Codification note above.
1965—Subsec. (b). Pub. L. 89–171 struck out ‘‘in foreign
countries’’ after ‘‘facilities’’.
1964—Subsec. (e). Pub. L. 88–633 added subsec. (e).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100–461, title V, § 586(c), Oct. 1, 1988, 102 Stat.
2268–50, provided that: ‘‘This section [amending this
section] shall be effective on October 1, 1989.’’
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see
section 1301 of Pub. L. 99–83, set out as a note under sec-
tion 2151–1 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
Page 782
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2312
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
REPORTS TO CONGRESSIONAL COMMITTEES
Pub. L. 100–461, title III, Oct. 1, 1988, 102 Stat. 2268–17
provided in part: ‘‘That the Committees on Appropria-
tions shall be furnished on March 1 of each year a com-
plete report of the status of military assistance funds
appropriated by this or any future Act committed for
the payment of any sales under the Arms Export Con-
trol Act [22 U.S.C. 2751 et seq.] as regards the individual
sale, item description, and estimated sales price.’’
REVIEW OF MILITARY ASSISTANCE PROGRAM; REDUCTION
AND ELIMINATION PLAN; SUBMITTAL TO CONGRESS
Pub. L. 93–559, § 17, Dec. 30, 1974, 88 Stat. 1800, which
set forth provisions respecting review of military as-
sistance program and submittal to Congress of plan for
reduction and elimination, was repealed by Pub. L.
95–384, § 29(c)(4), Sept. 26, 1978, 92 Stat. 747.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of President under this
section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
56673, as amended, set out as a note under section 2381
of this title.
FINDINGS BY SECRETARY OF STATE
The Secretary of State, in the implementation of the
functions delegated to him under section 2314(a)(1), (4),
and (e) of this title, was authorized by section
1–701(e)(1) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
56678, eff. Oct. 1, 1979, set out as a note under section
2381 of this title, to find, in the case of a proposed
transfer of a defense article or a related training or a
related defense service by a foreign country or inter-
national organization to a foreign country or inter-
national organization not otherwise eligible under sub-
sec. (a) of this section, whether the proposed transfer
would strengthen the security of the United States and
promote world peace.
§ 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 sub-
section are authorized to remain available until
expended.
(b) Programing and budgeting procedures
In order to make sure that a dollar spent on
military assistance to foreign countries is as
necessary as a dollar spent for the United States
military establishment, the President shall es-
tablish procedures for programing and budgeting
so that programs of military assistance come
into direct competition for financial support
with other activities and programs of the De-
partment of Defense.
(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.)
Editorial Notes
AMENDMENTS
1985—Subsec. (a)(1). Pub. L. 99–83 amended par. (1)
generally, substituting provisions authorizing appro-
priations of $805,100,000 for fiscal years 1986 and 1987, for
provisions authorizing appropriations of not to exceed
$238,500,000 for fiscal years 1982 and 1983.
1981—Subsec. (a). Pub. L. 97–113 in par. (1) substituted
appropriations of $238,500,000 for fiscal years 1982 and
1983 for appropriation of $106,100,000 for fiscal year 1981
and struck out provision limiting assistance in listed
amounts to Portugal ($51,000,000), Spain ($3,600,000),
Philippines ($25,000,000), and Sudan ($1,700,000) for fiscal
year 1981 and authorization of a 10-percent increase in
any such amount when deemed necessary by the Presi-
dent, redesignated former par. (4) as (2), struck out
former pars. (2), which limited assistance to those
countries listed in par. (1), and par. (3), which provided
that the authority contained in sections 2360(a) and
2364(a) of this title not be used to increase the amounts
specified in par. (1) or the limitations in par. (2).
1980—Subsec. (a)(1). Pub. L. 96–533 substituted appro-
priations authorization of $106,100,000 for fiscal year
1981 with allocations of specified amounts for certain
countries for fiscal year 1981 for such authorization of
$110,200,000 for fiscal year 1980 with similar allocations
for fiscal year 1980, included an allocation for The
Sudan and deleted Jordan from the list.
1979—Subsec. (a)(1). Pub. L. 96–92 substituted appro-
priations authorization of $110,200,000 for fiscal year
1980 for prior authorization of $133,500,000 for fiscal year
1979, made the allocations available in specified
amounts to Portugal, Spain, Jordan and the Phil-
ippines, struck out from the listing Greece, and struck
out ‘‘for the fiscal year 1979’’ after ‘‘any such country’’
in provision limiting the percentage increment in an
allotment to such fiscal year.
1978—Subsec. (a). Pub. L. 95–384 substituted provi-
sions authorizing appropriations of $133,500,000 to the
President for fiscal year 1979 to carry out the purposes
of this part with specified amounts allocated to Por-
tugal, Spain, Jordan, the Philippines, and Greece for
provisions authorizing appropriations of $228,900,000 to
the President for fiscal year 1978 to carry out the pur-
poses of this part with specified amounts allocated to
Greece, Portugal, Spain, Turkey, Jordan, Indonesia,
the Philippines, and Thailand.
1977—Subsec. (a)(1). Pub. L. 95–92 substituted provi-
sions authorizing appropriations for fiscal year 1978 to
carry out the purposes of this part with specified
amounts allocated to Greece, Portugal, Spain, Turkey,
Jordan, Indonesia, Philippines, and Thailand, for provi-
sions authorizing appropriations for fiscal years 1976
and 1977 to carry out the purposes of this part with
specified amounts allocated to Greece, Indonesia, Jor-
dan, Republic of Korea, Philippines, Thailand, Turkey,
Ethiopia, and Portugal.
Pub.
L.
95–23
substituted
‘‘$179,550,000’’
for
‘‘$177,300,000’’ and added Portugal, with a fiscal year
1977 limit of $32,250,000, to the table of countries.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2151. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2151. Congressional findings and declaration of
policy
(a) United States development cooperation pol-
icy
The Congress finds that fundamental political,
economic, and technological changes have re-
sulted in the interdependence of nations. The
Congress declares that the individual liberties,
economic prosperity, and security of the people
of the United States are best sustained and en-
hanced in a community of nations which respect
individual civil and economic rights and free-
doms and which work together to use wisely the
world’s limited resources in an open and equi-
table international economic system. Further-
more, the Congress reaffirms the traditional hu-
manitarian ideals of the American people and
renews its commitment to assist people in devel-
oping countries to eliminate hunger, poverty,
illness, and ignorance.
Therefore, the Congress declares that a prin-
cipal objective of the foreign policy of the
United States is the encouragement and sus-
tained support of the people of developing coun-
tries in their efforts to acquire the knowledge
and resources essential to development and to
build the economic, political, and social institu-
tions which will improve the quality of their
lives.
United States development cooperation policy
should emphasize five principal goals:
Page 533
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2151
(1) the alleviation of the worst physical
manifestations of poverty among the world’s
poor majority;
(2) the promotion of conditions enabling de-
veloping countries to achieve self-sustaining
economic growth with equitable distribution
of benefits;
(3) the encouragement of development proc-
esses in which individual civil and economic
rights are respected and enhanced;
(4) the integration of the developin
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2151. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim)] shall be priced to exclude the costs of salarie
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394&num=0&edition=prelim), 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
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2321j. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2321j. Authority to transfer excess defense arti-
cles
(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 presen-
tation documents for military assistance pro-
grams, or for programs under part VIII of sub-
chapter I of this chapter, submitted under sec-
tion 2394 of this title, or for which receipt of
such articles was separately justified to the
Congress, for the fiscal year in which the trans-
fer 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 De-
fense for the procurement of defense equip-
ment 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 pro-
ceeds 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 trans-
fer of such articles will not have an adverse
impact on the national technology and indus-
trial 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 article
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2321j. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President is authorized to furnish, on such terms and conditions consistent with this chapter as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and related civilian personnel of foreign countries. Such civilian personnel shall include foreign governmental personnel of ministries other than ministries of defense, and may also include legislators and individuals who are not members of the government, if the military education and training would (i) contribute to responsible defense resource management, (ii) foster greater respect for and understanding of the principle of civilian control of the military, (iii) contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement efforts, or (iv) improve military justice systems and procedures in accordance with internationally recognized human rights. Such training and education may be provided through—
(1) attendance at military educational and training facilities in the United States (other than Service academies) and abroad;
(2) attendance in special courses of instruction at schools and institutions of learning or research in the United States and abroad; and
(3) observation and orientation visits to military facilities and related activities in the United States and abroad.
**(b)** The President shall seek reimbursement for military education and training furnished under this part from countries using assistance under [section 2763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim) (relating to the Foreign Military Financing Program) to purchase such military education and training at a rate comparable to the ra
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2347. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2347. General authority
(a) The President is authorized to furnish, on
such terms and conditions consistent with this
chapter as the President may determine (but
whenever feasible on a reimbursable basis), mili-
tary education and training to military and re-
lated civilian personnel of foreign countries.
Such civilian personnel shall include foreign
governmental personnel of ministries other than
ministries of defense, and may also include leg-
islators and individuals who are not members of
the government, if the military education and
training would (i) contribute to responsible de-
fense resource management, (ii) foster greater
respect for and understanding of the principle of
civilian control of the military, (iii) contribute
to cooperation between military and law en-
forcement personnel with respect to counter-
narcotics law enforcement efforts, or (iv) im-
prove military justice systems and procedures in
accordance
with
internationally
recognized
human rights. Such training and education may
be provided through—
(1) attendance at military educational and
training facilities in the United States (other
than Service academies) and abroad;
(2) attendance in special courses of instruc-
tion at schools and institutions of learning or
research in the United States and abroad; and
(3) observation and orientation visits to
military facilities and related activities in the
United States and abroad.
Page 812
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2347a
(b) The President shall seek reimbursement
for military education and training furnished
under this part from countries using assistance
under section 2763 of this title (relating to the
Foreign Military Financing Program) to pur-
chase such military education and training at a
rate
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2347. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2751. Need for international defense coopera-
tion and military export controls; Presi-
dential waiver; report to Congress; arms
sales policy
As declared by the Congress in the Arms Con-
trol and Disarmament Act [22 U.S.C. 2551 et
seq.], an ultimate goal of the United States con-
tinues to be a world which is free from the
scourge of war and the dangers and burdens of
armaments; in which the use of force has been
subordinated to the rule of law; and in which
international adjustments to a changing world
are achieved peacefully. In furtherance of that
goal, it remains the policy of the United States
to encourage regional arms control and disar-
mament agreements and to discourage arms
races.
The Congress recognizes, however, that the
United States and other free and independent
countries continue to have valid requirements
for effective and mutually beneficial defense re-
lationships in order to maintain and foster the
environment of international peace and security
essential to social, economic, and political
progress. Because of the growing cost and com-
plexity of defense equipment, it is increasingly
difficult and uneconomic for any country, par-
ticularly a developing country, to fill all of its
legitimate defense requirements from its own
design and production base. The need for inter-
national defense cooperation among the United
States and those friendly countries to which it
is allied by mutual defense treaties is especially
important, since the effectiveness of their armed
Page 1186
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2751
forces to act in concert to deter or defeat ag-
gression is directly related to the operational
compatibility of their defense equipment.
Accordingly, it remains the policy of the
United States to faci
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible countries or international organizations; basis of payment; valuation of certain defense articles**
(1) The President may sell defense articles and defense services from the stocks of the Department of Defense and the Coast Guard to any eligible country or international organization if such country or international organization agrees to pay in United States dollars—
(A) in the case of a defense article not intended to be replaced at the time such agreement is entered into, not less than the actual value thereof;
(B) in the case of a defense article intended to be replaced at the time such agreement is entered into, the estimated cost of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or
(C) in the case of the sale of a defense service, the full cost to the United States Government of furnishing such service, except that in the case of training sold to a purchaser who is concurrently receiving assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 [[22 U.S.C. 2347](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2347&num=0&edition=prelim) et seq.] or to any high-income foreign country (as described in that chapter), only those additional costs that are incurred by the United States Government in furnishing such assistance.
(2) For purposes of subparagraph (A) of paragraph (1), the actual value of a naval vessel of 3,000 tons or less and 20 years or more of age shall be considered to be not less than the greater of the scrap value or fair value (including conversion costs) of such vessel, as determined by the Secretary of Defense.
**(b) Time of payment** Except as provided by subsection (d) of this section, payment shall
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2761. This identifies an authority to review, not proof of applicability.