
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: 22USC2321b]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
              SUBCHAPTER II--MILITARY ASSISTANCE AND SALES
 
                      Part II--Military Assistance
 
Sec. 2321b. Excess defense article


(a) to (c) Repealed. Pub. L. 94-329, title II, Sec. 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, Sec. 8, Jan. 12, 1971, 84 Stat. 2054; Pub. L. 92-226, 
pt. IV, Sec. 402, Feb. 7, 1972, 86 Stat. 33; Pub. L. 93-189, Sec. 26(1)-
(3), Dec. 17, 1973, 87 Stat. 731; Pub. L. 93-559, Sec. 13, Dec. 30, 
1974, 88 Stat. 1799; Pub. L. 94-329, title II, Sec. 210(c)(2), June 30, 
1976, 90 Stat. 740; Pub. L. 95-384, Sec. 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 33\1/3\ 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, Sec. 13(a)(1), substituted 
``$100,000,000'' for ``$150,000,000''.
    Subsec. (c). Pub. L. 93-559, Sec. 13(a)(2), inserted exception 
provision respecting definitions of value for excess defense articles.
    1973--Subsec. (a). Pub. L. 93-189, Sec. 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, Sec. 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, Sec. 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 33\1/3\ 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, Sec. 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, Sec. 402(2), substituted 
``$185,000,000'' for ``$100,000,000''.
    Subsec. (e). Pub. L. 92-226, Sec. 402(3), added subsec. (e).


                    Effective Date of 1976 Amendment

    Section 210(c)(2) of Pub. L. 94-329 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

    Section 210(c)(2) of Pub. L. 94-329 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.

                  Section Referred to in Other Sections

    This section is referred to in section 2321c of this title.
