§ 2321b. Excess defense article

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1971

   Pub. L. 91–672 § 8 · 84 Stat. 2053

   Enacted · 22 U.S.C. § 2321b

   Pub. L. 91–672, § 8, Jan. 12, 1971, 84 Stat. 2054

   Source evidence

   Code source credit
   Pub. L. 91–672, § 8, Jan. 12, 1971, 84 Stat. 2054

   Enacted provision · exact public law section
   Sec. 8. (a) Subject to the provisions of subsection (b), the value of any excess defense article granted to a foreign country or international organization under part II of the Foreign Assistance Act of 22 USC 2301. 1961 shall be considered to be an expenditure made from funds appropriated under that Act for military assistance. When an order is placed under the military assistance program with the military departments for a defense article whose stock status is excess at the time ordered, a sum equal to the value thereof shall (1) be reserved and transferred to a suspense account, (2) remain in the suspense account until the excess defense article is either delivered to a foreign country or international organization or the order therefor is cancelled, and (3) be transferred from the suspense account to (A) the general fund of the Treasury’ upon delivery of such article or (B) to the military assistance appropriation for the current fiscal year upon cancellation Funds, transfer. of the order. Such sum shall be transferred to the military’ assistance appropriation for the current fiscal year upon delivery of such article if at the time of delivery the stock status of the article is determined, in accordance with sections 644 (g) and (m) of the Foreign Assistance 75 Stat. 461. 22 USC 2403. Act of 1961, to be nonexcess. (b) The provisions of subsection (a) shall apply during any fiscal year only to the extent that the aggregate value of excess defense articles ordered during that year exceeds $100,000,000. (c) For purposes of this section, “value” means not less than 33% per centum of the amount the United States paid at the time the excess defense articles were acquired by the United States. (d) The President shall promptly and fully inform the Speaker of Presidential note to Congress. 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. Additionally, the President shall also submit a quarterly Report to Congress. report to the Congress 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 den very.

2. 1972

   Foreign Assistance Act of 1971

   Pub. L. 92–226 § 402(1) · 86 Stat. 20

   1. Substituted · 22 U.S.C. § 2321b(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”

   2. Substituted · 22 U.S.C. § 2321b(a)

      Pub. L. 92–226, § 402(1), substituted in first sentence “the Foreign Assistance Act of 1961” for “that Act”

   3. Substituted · 22 U.S.C. § 2321b(a)

      Pub. L. 92–226, § 402(1), substituted in first 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) by striking out the first and second sentences of subsection (a) and inserting in lieu thereof the following: “Subject to the provisions of subsection (b), the value of any excess defense article granted to a foreign country or international organization by any department, agency, or independent establishment of the United States Government (other than the Agency for International Development) shall be considered to be an expenditure made from funds appropriated under the Foreign Assistance Act of 1961 for military assistance. 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 whose stock status is excess at the time ordered, a sum equal to the value thereof shall (1) be reserved and transferred to a suspense account, (2) remain in the suspense account until the excess defense article is either delivered to a foreign country or international organization or the order therefor is cancelled, and (3) be transferred from the suspense, account to (A) the general fund of the Treasury upon delivery of such article, or (B) to the military assistance appropriation for the current fiscal year upon cancellation of the order.”;

3. 1972

   Foreign Assistance Act of 1971

   Pub. L. 92–226 § 402(2) · 86 Stat. 20

   Substituted · 22 U.S.C. § 2321b(b)

   Pub. L. 92–226, § 402(2), substituted “$185,000,000” for “$100,000,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 92–226, § 402(2), substituted “$185,000,000” for “$100,000,000”.

   Enacted provision · exact public law section
   (2) by striking out, in subsection (b), “$100,000,000” and inserting in lieu thereof “$185,000,000”; and

4. 1972

   Foreign Assistance Act of 1971

   Pub. L. 92–226 § 402(3) · 86 Stat. 20

   Added · 22 U.S.C. § 2321b(e)

   Pub. L. 92–226, § 402(3), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 92–226, § 402(3), added subsec. (e).

   Enacted provision · exact public law section
   (3) by adding at the end thereof the following new subsection: “(e) Except for excess defense articles granted under part II of 75 Stat. 434; 81 Stat. 455. 22 USC 2301. 80 Stat. 460; 84 Stat. 1888. the Foreign Assistance Act of 1961, the provisions of this section shall not apply to any excess defense article granted to South Vietnam prior to July 1, 1972.”.

5. 1973

   Foreign Assistance Act of 1973

   Pub. L. 93–189 § 26(1) · 87 Stat. 714

   Inserted · 22 U.S.C. § 2321b(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 8(a) is amended by inserting immediately before clause Excess defense articles. 84 Stat. 2054; 86 Stat. 33. 22 USC 2321b. 81 Stat. 460. 22 USC 2392. (1) the following: “(less amounts to be transferred under section 632 (d) of the Foreign Assistance Act of 1961) ”,

6. 1973

   Foreign Assistance Act of 1973

   Pub. L. 93–189 § 26(2) · 87 Stat. 714

   Substituted · 22 U.S.C. § 2321b(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) Section 8(b) is amended— (A) by striking out “The provisions” and inserting in lieu thereof “In the case of excess defense articles which are generated abroad, the provisions”; and (B) by striking out “$185,000,000” and inserting in lieu thereof “$150,000,000”.

7. 1973

   Foreign Assistance Act of 1973

   Pub. L. 93–189 § 26(3) · 87 Stat. 714

   Substituted · 22 U.S.C. § 2321b(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 33⅓ per centum of the amount the United States paid at the time the excess defense articles were acquired by the United States

   Source evidence

   Code amendment note
   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 33⅓ per centum of the amount the United States paid at the time the excess defense articles were acquired by the United States.

   Enacted provision · exact public law section
   (3) Section 8(c) is amended to read as follows: “Value.” “(c) For purposes of this section, the term ‘value’ has the same meaning as given it in section 644 (m) of the Foreign Assistance Act of 1961.”

8. 1974

   Pub. L. 93–559 § 13(a)(1) · 88 Stat. 1795

   Substituted · 22 U.S.C. § 2321b(b)

   Pub. L. 93–559, § 13(a)(1), substituted “$100,000,000” for “$150,000,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–559, § 13(a)(1), substituted “$100,000,000” for “$150,000,000”.

   Enacted provision · exact public law section
   (1) by striking out “$150,000,000” in subsection (b) and inserting “$100,000,000” in lieu thereof; and

9. 1974

   Pub. L. 93–559 § 13(a)(2) · 88 Stat. 1795

   Inserted · 22 U.S.C. § 2321b(c)

   Pub. L. 93–559, § 13(a)(2), inserted exception provision respecting definitions of value for excess defense articles

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–559, § 13(a)(2), inserted exception provision respecting definitions of value for excess defense articles.

   Enacted provision · exact public law section
   (2) by inserting immediately before the period in subsection (c) the following: “; except that for any excess defense article such term shall not include a value for any such article which is less than 33⅓ percent of the amount the United States paid for such article when the United States acquired it”.

10. 1976

    International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 title II § 210(c)(2) · 90 Stat. 729

    Struck · 22 U.S.C. § 2321b(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) Subsections (a), (b), (c), and (e) of section 8 of the Act entitled “An Act to amend the Foreign Military Sales Act and for other purposes”, approved January 12, 1971 (Public Law 91–672; 84 Repeal. 22 USC 2321b and notes. Transfer of funds. Stat. 2053), are repealed effective July 1, 1976. All funds in the suspense account referred to in subsection (a) of such section on July 1, 1976, shall be transferred to the general fund of the Treasury.

    Effective date note
    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.

11. 1976

    International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 title II § 210(c)(2) · 90 Stat. 729

    Struck · 22 U.S.C. § 2321b(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) Subsections (a), (b), (c), and (e) of section 8 of the Act entitled “An Act to amend the Foreign Military Sales Act and for other purposes”, approved January 12, 1971 (Public Law 91–672; 84 Repeal. 22 USC 2321b and notes. Transfer of funds. Stat. 2053), are repealed effective July 1, 1976. All funds in the suspense account referred to in subsection (a) of such section on July 1, 1976, shall be transferred to the general fund of the Treasury.

    Effective date note
    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.

12. 1976

    International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 title II § 210(c)(2) · 90 Stat. 729

    Struck · 22 U.S.C. § 2321b(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 33⅓ percent of the amount the United States paid for such article when it was acquired

    Source evidence

    Code amendment note
    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 33⅓ percent of the amount the United States paid for such article when it was acquired.

    Enacted provision · exact public law section
    (2) Subsections (a), (b), (c), and (e) of section 8 of the Act entitled “An Act to amend the Foreign Military Sales Act and for other purposes”, approved January 12, 1971 (Public Law 91–672; 84 Repeal. 22 USC 2321b and notes. Transfer of funds. Stat. 2053), are repealed effective July 1, 1976. All funds in the suspense account referred to in subsection (a) of such section on July 1, 1976, shall be transferred to the general fund of the Treasury.

    Effective date note
    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.

13. 1976

    International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 title II § 210(c)(2) · 90 Stat. 729

    Struck · 22 U.S.C. § 2321b(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) Subsections (a), (b), (c), and (e) of section 8 of the Act entitled “An Act to amend the Foreign Military Sales Act and for other purposes”, approved January 12, 1971 (Public Law 91–672; 84 Repeal. 22 USC 2321b and notes. Transfer of funds. Stat. 2053), are repealed effective July 1, 1976. All funds in the suspense account referred to in subsection (a) of such section on July 1, 1976, shall be transferred to the general fund of the Treasury.

    Effective date note
    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.

14. 1978

    Pub. L. 95–384 § 29(a) · 92 Stat. 730

    Substituted · 22 U.S.C. § 2321b(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (a) Section 8(d) of the Act entitled “An Act to amend the 22 USC 2321b. Foreign Military Sales Act, and for other purposes”, approved January 12, 1971, is amended in the second sentence by striking out “Additionally, 84 Stat. 2054. the President shall also submit a quarterly report to the Congress” and inserting in lieu thereof “The annual presentation materials for security assistance programs shall include a table”.

16 of 16 references resolved to an enrolled provision