
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2390]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2390. Prohibition on the sale of certain defense articles 
        from the stocks of the Department of Defense
        
    (a)(1) Except as provided in subsections (b) and (c), the sale 
outside the Department of Defense of any defense article designated or 
otherwise classified as Prepositioned Material Configured to Unit Sets, 
as decrement stock, or as Prepositioned War Reserve Stocks for United 
States Forces is prohibited.
    (2) In this section, the term ``decrement stock'' means such stock 
as is needed to bring the armed forces from a peacetime level of 
readiness to a combat level of readiness.
    (b) The President may authorize the sale outside the Department of 
Defense of a defense article described in subsection (a) if--
        (1) he determines that there is an international crisis 
    affecting the national security of the United States and the sale of 
    such article is in the best interests of the United States; and
        (2) he reports to the Congress not later than 60 days after the 
    transfer of such article a plan for the prompt replenishment of the 
    stocks of such article and the planned budget request to begin 
    implementation of that plan.

    (c)(1) Nothing in this section shall preclude the sale of stocks 
which have been designated for replacement, substitution, or elimination 
or which have been designated for sale to provide funds to procure 
higher priority stocks.
    (2) Nothing in this section shall preclude the transfer or sale of 
equipment to other members of the North Atlantic Treaty Organization.

(Added Pub. L. 95-485, title VIII, Sec. 815(a), Oct. 20, 1978, 92 Stat. 
1625, Sec. 975; amended Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987, 101 
Stat. 284; renumbered Sec. 2390, Pub. L. 101-189, div. A, title XVI, 
Sec. 1622(b)(1), Nov. 29, 1989, 103 Stat. 1604.)


                            Prior Provisions

    A prior section 2390, added Pub. L. 95-79, title VIII, Sec. 815(a), 
July 30, 1977, 91 Stat. 337; amended Pub. L. 96-470, title I, 
Sec. 104(a), Oct. 19, 1980, 94 Stat. 2238; Pub. L. 96-513, title V, 
Sec. 511(80), Dec. 12, 1980, 94 Stat. 2927, directed Secretary of 
Defense to request each commissioned officer, and each civilian employee 
above grade GS-12, who was scheduled for retirement and who was or had 
been at any time within one year prior to such scheduled retirement, 
assigned to, or employed in, military procurement to submit suggestions 
for methods to improve procurement policies, prior to repeal by Pub. L. 
98-94, title XII, Sec. 1259(a), Sept. 24, 1983, 97 Stat. 703.


                               Amendments

    1989--Pub. L. 101-189 renumbered section 975 of this title as this 
section.
    1987--Subsec. (a)(2). Pub. L. 100-26 inserted ``the term'' after 
``In this section,''.
