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22 U.S.C. § 2321j — Authority to transfer excess defense articles
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Stable record: federal_law:legal_authorities:record_usc_50995fa095e9754645e89875
Source file: Laws/federal/codes/united-states-code/title-22/section-2321j-authority-to-transfer-excess-defense-articles--0cc0b288a0.md
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Source location: Title 22, Chapter 32, § 2321j; chapter-032-foreign-assistance.md
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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](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 transfer of such articles is consistent with the policy framework for the Eastern Mediterranean established under [section 2373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2373&num=0&edition=prelim).
(2) Accordingly, for the four-year period beginning on October 1, 1996, and thereafter for the four-period 11 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** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2392/d&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim); 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2794/9&num=0&edition=prelim)]) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394–1/a&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs.
**(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2381
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration and statement of findings** The Congress declares that the achievement of a just and lasting Cyprus settlement is and will remain a central objective of United States foreign policy. The Congress further declares that any action of the United States with respect to section 2370(x) 11 See References in Text note below. of this title shall not signify a lessening of the United States commitment to a just solution to the conflict on Cyprus but is authorized in the expectation that this action will be conducive to achievement of a Cyprus solution and a general improvement in relations among Greece, Turkey, and Cyprus and between those countries and the United States. The Congress finds that—
(1) a just settlement on Cyprus must involve the establishment of a free and independent government on Cyprus and must guarantee that the human rights of all of the people of Cyprus are fully protected;
(2) a just settlement on Cyprus must include the withdrawal of Turkish military forces from Cyprus;
(3) the guidelines for inter-communal talks agreed to in Nicosia in February 1977 and the United Nations resolutions regarding Cyprus provide a sound basis for negotiation of a just settlement on Cyprus;
(4) serious negotiations, under United Nations auspices, will be necessary to achieve agreement on, and implementation of, constitutional and territorial terms within such guidelines; and
(5) the recent proposals by both Cypriot communities regarding the return of the refugees to the city of New Famagusta (Varosha) constitute a positive step and the United States should actively support the efforts of the Secretary General of the United Nations with respect to this issue.
**(b) Governing principles** United States policy regarding Cyprus, Greece, and T
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2373
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Financing procurement of defense articles and services, and design and construction services** The President is authorized to finance the procurement of defense articles, defense services, and design and construction services by friendly foreign countries and international organizations, on such terms and conditions as he may determine consistent with the requirements of this section. Notwithstanding any other provision of law, and subject to the regular notification requirements of the Committees on Appropriations, the authority of this section may be used to provide financing to Israel and Egypt for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under this chapter.
**(b) Repayment period** The President shall require repayment in United States dollars within a period not to exceed twelve years after the loan agreement with the country or international organization is signed on behalf of the United States Government, unless a longer period is specifically authorized by statute for that country or international organization.
**(c) Interest rate; definitions**
(1) The President shall charge interest under this section at such rate as he may determine, except that such rate may not be less than 5 percent per year.
(2) For purposes of financing provided under this section—
(A) the term “concessional rate of interest” means any rate of interest wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2763
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2751
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual report to Congress on programs having impact on developing countries; contents** In order that the Congress and the American people may be better and more currently informed regarding American foreign policy and the effectiveness of assistance provided by the United States Government to other countries and to international organizations, the Chairman of the Development Coordination Committee shall prepare and transmit to the Congress, no later than February 1 of each year, as a part of the annual presentation materials for foreign assistance, a report as described in this subsection. This report shall include—
(1)
(A) a comprehensive and coordinated review of all United States policies and programs having a major impact on the development of developing countries, including but not limited to bilateral and multilateral assistance, trade, debt, employment, food, energy, technology, population, oceans, environment, human settlements, natural resources, and participation in international agencies concerned with development;
(B) an assessment of the impact of such policies and programs on the well-being of the poor majority in developing countries in accordance with the policy objectives of part I of subchapter I of this chapter, including increasing life expectancy and literacy, lowering infant mortality and birth rates, and increasing food production and employment, such assessment to include an evaluation of the extent to which programs under part I of subchapter I of this chapter directly benefit the poor majority; and
(C) an assessment of the impact of such policies and programs on economic conditions in the United States, including but not limited to employment, wages, and working conditions;
(2) the dollar value of all foreign assistance and gu
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2394
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization for expenses** In order to provide for United States participation in the North Atlantic Treaty Organization, there is authorized to be appropriated such amounts as may be necessary from time to time for the payment by the United States of its share of the expenses of the Organization and all necessary salaries and expenses of the United States permanent representative to the Organization, of such persons as may be appointed to represent the United States in the subsidiary bodies of the Organization or in any multilateral organization which participates in achieving the aims of the North Atlantic Treaty, and of their appropriate staffs, and the expenses of participation in meetings of such organizations, including salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1980 [[22 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3901&num=0&edition=prelim) et seq.], and allowances and expenses as provided in [section 287r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section287r&num=0&edition=prelim).
**(b) Appointment of personal representative** The United States permanent representative to the North Atlantic Treaty Organization shall be appointed by the President by and with the advice and consent of the Senate and shall hold office at the pleasure of the President. Such representative shall have the rank and status of ambassador extraordinary and plenipotentiary and shall be a chief of mission under the Foreign Service Act of 1980 [[22 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3901&num=0&edition=prelim) et seq.].
**(c) Duration of staff service** Persons detailed to the inte
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1928
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Multiyear plan** Not later than 180 days after October 6, 2000, and annually thereafter at the time of submission 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 Defense 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 objective, as well as specific secondary objectives, for individual countries;
(7) identify, on a country-by-country basis, how specific resources will be allocated to accomplish both primary and secondary objectives;
(8) discuss how specific types of assistance, such as foreign military financing and international 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 paragraphs (1) through (8), how specific types of assistance provided pursuant to the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.] and the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2305
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of State shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the Department, and he shall conduct the business of the Department in such manner as the President shall direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2656
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