22-U.S.C.-2321B
§2321B – Excess Defense Article
Pathway
Title 22 > Chapter 32 > Subchapter II > Part II > Section 2321b
Details
- Reference: Section 2321b
- Legend: §2321B – Excess Defense Article
- USCode Year: 2013
Provision Content
(a) to (c) Repealed. Pub. L. 94–329, title II, §210(c)(2), June 30, 1976, 90 Stat. 740
(d) Reports to Congress
The President shall promptly and fully inform the Speaker of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate of each decision to furnish on a grant basis to any country excess defense articles which are major weapons systems to the extent such major weapons system was not included in the presentation material previously submitted to the Congress. The annual presentation materials for security assistance programs shall include a table listing by country the total value of all deliveries of excess defense articles, disclosing both the aggregate original acquisition cost and the aggregate value at the time of delivery.
(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.)
Codification
Section was not enacted as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1978—Subsec. (d). Pub. L. 95–384 substituted The annual presentation materials for security assistance programs shall include a table for Additionally, the President shall also submit a quarterly report to the Congress.
1976—Subsec. (a). Pub. L. 94–329 struck out subsec. (a) which provided that the value of excess defense article granted to a foreign country or international organization shall be considered to be an expenditure from the funds of this chapter for military assistance, and established accounting procedure when an order for excess defense article was placed.
Subsec. (b). Pub. L. 94–329 struck out subsec. (b) which provided that in the case of excess defense articles that were generated abroad, provisions of former subsec. (a) shall apply during any fiscal year only to the extent that the aggregate value of excess defense articles ordered during that year exceeded $100,000,000.
Subsec. (c). Pub. L. 94–329 struck out subsec. (c) which defined value as that meaning found in section 2403m of this title, except the term shall not include a value for any excess defense article which was less than 331/3 percent of the amount the United States paid for such article when it was acquired.
Subsec. (e). Pub. L. 94–329 struck out subsec. (e) which provided that except for excess defense articles granted under this subchapter, the provisions of this section did not apply to grants of such articles to South Vietnam prior to July 1, 1972.
1974—Subsec. (b). Pub. L. 93–559, §13(a)(1), substituted $100,000,000 for $150,000,000.
Subsec. (c). Pub. L. 93–559, §13(a)(2), inserted exception provision respecting definitions of value for excess defense articles.
1973—Subsec. (a). Pub. L. 93–189, §26(1), inserted provision preceding cl. (1) relating to the subtraction of amounts to be transferred under section 2392(d) of this title.
Subsec. (b). Pub. L. 93–189, §26(2), substituted In the case of excess defense articles which are generated abroad, the provisions, for The provisions and $150,000,000 for $185,000,000.
Subsec. (c). Pub. L. 93–189, §26(3), substituted provisions defining value as that meaning given it in section 2403(m) of this title, for provisions defining such term as not less than 331/3 per centum of the amount the United States paid at the time the excess defense articles were acquired by the United States.
1972—Subsec. (a). Pub. L. 92–226, §402(1), substituted in first sentence by any department, agency, or independent establishment of the United States Government (other than the Agency for International Development) for subchapter II of this chapter and the Foreign Assistance Act of 1961 for that Act, codified in the text as this chapter and in second sentence Unless such department, agency, or establishment certifies to the Comptroller General of the United States that the excess defense article it is ordering is not to be transferred by any means to a foreign country or international organization, when an order is placed for a defense article for When an order is placed under the military assistance program with the military departments for a defense article.
Subsec. (b). Pub. L. 92–226, §402(2), substituted $185,000,000 for $100,000,000.
Subsec. (e). Pub. L. 92–226, §402(3), added subsec. (e).
Effective Date of 1976 Amendment
Pub. L. 94–329, title II, §210(c)(2), June 30, 1976, 90 Stat. 740, provided in part that the amendment of subsecs. (a) to (c) and (e) by Pub. L. 94–329 is effective July 1, 1976.
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.
Transfer of Suspense Account Funds to General Fund of Treasury
Pub. L. 94–329, title II, §210(c)(2), June 30, 1976, 90 Stat. 740, provided in part that all funds in the suspense account referred to in former subsec. (a) of this section on July 1, 1976, shall be transferred to the general fund of the Treasury.
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