22 U.S.C. § 2753: Eligibility for defense services or defense articles

the President finds that the furnishing of defense articles and defense services to such country or international organization will strengthen the security of the United States and promote world peace; the country or international organization shall have agreed not to transfer title to, or possession of, any defense article or related training or other defense service so furnished to it, or produced in a cooperative project (as defined in section 2767 of this title ), to anyone not an officer, employee, or agent of that country or international organization (or the North Atlantic Treaty Organization or the specified member countries (other than the United States) in the case of a cooperative project) and not to use or permit the use of such article or related training or other defense service for purposes other than those for which furnished unless the consent of the President has first been obtained; the country or international organization shall have agreed that it will maintain the security of such article or service and will provide substantially the same degree of security protection afforded to such article or service by the United States Government; and the country or international organization is otherwise eligible to purchase or lease defense articles or defense services. such articles constitute components incorporated into foreign defense articles; the recipient is the government of a member country of the North Atlantic Treaty Organization, the Government of Australia, the Government of Japan, the Government of the Republic of Korea, the Government of Israel, or the Government of New Zealand; the recipient is not a country designated under section 2371 of this title ; significant military equipment (as defined in section 2794(9) of this title ); defense articles for which notification to Congress is required under section 2776(b) of this title ; and identified by regulation as Missile Technology Control Regime items; and the foreign country or international organization provides notification of the transfer of the defense articles to the United States Government not later than 30 days after the date of such transfer. No credits (including participations in credits) may be issued and no guaranties may be extended for any foreign country under this chapter as hereinafter provided, if such country uses defense articles or defense services furnished under this chapter, or any predecessor Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (i) by using such articles or services for a purpose not authorized under section 2754 of this title or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 2754 of this title for a purpose not authorized under such agreement; (ii) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee, or agent of the recipient country without the consent of the President; or (iii) by failing to maintain the security of such articles or services. No cash sales or deliveries pursuant to previous sales may be made with respect to any foreign country under this chapter as hereinafter provided, if such country uses defense articles or defense services furnished under this chapter, or any predecessor Act, in substantial violation (either in terms of quantity or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act by using such articles or services for a purpose not authorized under section 2754 of this title or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 2754 of this title , for a purpose not authorized under such agreement. The President shall report to the Congress promptly upon the receipt of information that a violation described in paragraph (1) of this subsection may have occurred. A country shall be deemed to be ineligible under subparagraph (A) of paragraph (1) of this subsection, or both subparagraphs (A) and (B) of such paragraph in the case of a violation described in both such paragraphs, if the President so determines and so reports in writing to the Congress, or if the Congress so determines by joint resolution. Notwithstanding a determination by the President of ineligibility under subparagraph (B) of paragraph (1) of this subsection, cash sales and deliveries pursuant to previous sales may be made if the President certifies in writing to the Congress that a termination thereof would have significant adverse impact on United States security, unless the Congress adopts or has adopted a joint resolution pursuant to subparagraph (A) of this paragraph with respect to such ineligibility. the President determines that the violation has ceased; and the country concerned has given assurances satisfactory to the President that such violation will not recur. the name of the country or international organization proposing to make such transfer, a description of the article or service proposed to be transferred, including its acquisition cost, the name of the proposed recipient of such article or service, the reasons for such proposed transfer, and the date on which such transfer is proposed to be made. Except as provided in subparagraph (B), unless the President states in the certification submitted pursuant to paragraph (1) of this subsection that an emergency exists which requires that consent to the proposed transfer become effective immediately in the national security interests of the United States, such consent shall not become effective until 30 calendar days after the date of such submission and such consent shall become effective then only if the Congress does not enact, within such 30-day period, a joint resolution prohibiting the proposed transfer. In the case of a proposed transfer to the North Atlantic Treaty Organization, or any member country of such Organization, Japan, Australia, the Republic of Korea, Israel, or New Zealand, unless the President states in the certification submitted pursuant to paragraph (1) of this subsection that an emergency exists which requires that consent to the proposed transfer become effective immediately in the national security interests of the United States, such consent shall not become effective until fifteen calendar days after the date of such submission and such consent shall become effective then only if the Congress does not enact, within such fifteen-day period, a joint resolution prohibiting the proposed transfer. If the President states in his certification under subparagraph (A) or (B) that an emergency exists which requires that consent to the proposed transfer become effective immediately in the national security interests of the United States, thus waiving the requirements of that subparagraph, the President shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate immediate consent to the transfer and a discussion of the national security interests involved. Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. For the purpose of expediting the consideration and enactment of joint resolutions under this paragraph, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. at least 15 calendar days before such consent is given in the case of a transfer to a country which is a member of the North Atlantic Treaty Organization or Australia, Japan, the Republic of Korea, Israel, or New Zealand; and at least 30 calendar days before such consent is given in the case of a transfer to any other country, Consent to a transfer subject to subparagraph (A) shall become effective after the end of the 15-day or 30-day period specified in subparagraph (A)(i) or (ii), as the case may be, only if the Congress does not enact, within that period, a joint resolution prohibiting the proposed transfer. Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. For the purpose of expediting the consideration and enactment of joint resolutions under this paragraph, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. to transfers of maintenance, repair, or overhaul defense services, or of the repair parts or other defense articles used in furnishing such services, if the transfer will not result in any increase, relative to the original specifications, in the military capability of the defense articles and services to be maintained, repaired, or overhauled; to temporary transfers of defense articles for the sole purpose of receiving maintenance, repair, or overhaul; or for cooperative cross servicing, or for lead-nation procurement if the certification transmitted to the Congress pursuant to section 2776(b) of this title with regard to such lead-nation procurement identified the transferees on whose behalf the lead-nation procurement was proposed. a transfer of major defense equipment valued (in terms of its original acquisition cost) at $25,000,000 or more; or a transfer of defense articles or defense services valued (in terms of its original acquisition cost) at $100,000,000 or more). 1 1 So in original. The closing parenthesis probably should not appear. If the President receives any information that a transfer of any defense article, or related training or other defense service, has been made without his consent as required under this section or under section 2314 of this title , he shall report such information immediately to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate. No sales or leases shall be made to any country that the President has determined is in material breach of its binding commitments to the United States under international treaties or agreements concerning the nonproliferation of nuclear explosive devices (as defined in section 6305(4) of this title ) and unsafeguarded special nuclear material (as defined in section 6305(8) of this title ). Any agreement for the sale or lease of any article on the United States Munitions List entered into by the United States Government after November 29, 1999 , shall state that the United States Government retains the right to verify credible reports that such article has been used for a purpose not authorized under section 2754 of this title or, if such agreement provides that such article may only be used for purposes more limited than those authorized under section 2754 of this title , for a purpose not authorized under such agreement. During the 3-year period beginning on the date of the enactment of this Act [ Feb. 18, 2016 ], the Hashemite Kingdom of Jordan shall be treated as if it were a country listed in the provisions of law described in subsection (b) for purposes of applying and administering such provisions of law. subsections (b)(2), (d)(2)(B), (d)(3)(A)(i), and (d)(5) of section 3 of the Arms Export Control Act ( 22 U.S.C. 2753 ); subsections (e)(2)(A), (h)(1)(A), and (h)(2) of section 21 of such Act ( 22 U.S.C. 2761 ); subsections (b)(1), (b)(2), (b)(6), (c), and (d)(2)(A) of section 36 of such Act ( 22 U.S.C. 2776 ); section 62(c)(1) of such Act ( 22 U.S.C. 2796a(c)(1) ); and section 63(a)(2) of such Act ( 22 U.S.C. 2796b(a)(2) ).” The Secretary of Defense may carry out a pilot program to repair, overhaul, or refurbish in-stock defense articles in anticipation of the sale or transfer of such defense articles to eligible foreign countries or international organizations under law. The Secretary of Defense may establish and administer a fund to be known as the ‘Special Defense Repair Fund’ (in this section referred to as the ‘Fund’) to support the program authorized by subsection (a). Such amounts, not to exceed $50,000,000, from amounts authorized to be appropriated for overseas contingency operations for fiscal year 2013 as the Secretary of Defense considers appropriate, and reprogrammed under a reprogramming authority provided by another provision of this Act or by other law. Notwithstanding section 114(c) of title 10 , United States Code, any collection from the sale or transfer of defense articles from Department of Defense stocks repaired, overhauled, or refurbished with amounts from the Fund that are not intended to be replaced which sale or transfer is made pursuant to section 21(a)(1)(A) of the Arms Export Control Act ( 22 U.S.C. 2761(a)(1)(A) ), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.), or another provision of law. Notwithstanding section 37(a) of the Arms Export Control Act ( 22 U.S.C. 2777(a) ), any cash payment from the sale or transfer of defense articles from Department of Defense stocks repaired, overhauled, or refurbished with amounts from the Fund that are intended to be replaced. The amount credited to the Fund under paragraph (1)(B) in connection with a collection from the sale or transfer of defense articles may not exceed the cost incurred by the Department of Defense in repairing, overhauling, or refurbishing such defense articles under the program authorized by subsection (a). The amount credited to the Fund under paragraph (1)(C) in connection with a sale or transfer of defense articles may not exceed the amounts from the Fund used to repair, overhaul, or refurbish such defense articles. The total amount in the Fund at any time may not exceed $50,000,000. Amounts credited to the Fund under this subsection shall be merged with amounts in the Fund, and shall remain available until expended. The Fund shall be considered an authorized customer of Department of Defense Working Capital Fund activities. Prices of goods and services sold by Working Capital Fund activities to the Fund shall reflect Foreign Military Sales pricing guidelines, as promulgated by the Department of Defense Financial Management Regulation, and other applicable guidelines. Following the repair, overhaul, or refurbishment of defense articles under the program authorized by subsection (a), amounts in the Fund may not be used to pay costs of storage and maintenance of such defense articles or any other costs associated with the preservation or preparation for sale or transfer of such defense articles. the Arms Export Control Act ( 22 U.S.C. 2751 et seq.); the Foreign Assistance Act of 1961; or another provision of law authorizing such sale or transfer. If the sale or transfer of defense articles occurs in accordance with a provision of law referred to in paragraph (1)(C) that does not otherwise require the concurrence of the Secretary of State for the sale or transfer, the sale or transfer may be made only with the concurrence of the Secretary of State. Amounts in the Fund may be transferred to any Department of Defense account for use in carrying out the program authorized by subsection (a). Any amount so transferred shall be merged with amounts in the account to which transferred, and shall be available for the same purposes and the same time period as amounts in the account to which transferred. Upon a determination by the Secretary of Defense with respect to an amount transferred under paragraph (1) that all or part of such transfer is not necessary for the purposes transferred, such amount may be transferred back to the Fund. Any amount so transferred shall be merged with amounts in the Fund, and shall remain available until expended. Any collection from the sale or transfer of defense articles that are not intended to be replaced in excess of the amount creditable to the Fund under subsection (c)(2)(A) shall be credited to the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act ( 22 U.S.C. 2795 et seq.). In administering the program authorized by subsection (a), the Secretary of Defense shall ensure to the maximum extent possible that purchases made utilizing the Fund utilize existing Defense Logistics Agency contracts. The Secretary shall also ensure that none of the activities carried out under the program authorized by subsection (a) are duplicative in nature to those performed by other military departments or Defense Agencies. The repair, overhaul, and refurbishment of defense articles under the program authorized by subsection (a) may be conducted by a facility or entity in the public sector or the private sector, consistent with the requirements of chapter 146 of title 10, United States Code. The types and quantities of defense articles repaired, overhauled, or refurbished under the program authorized by subsection (a). The value of the repair, overhaul, or refurbishment performed under the program. The amount of operation and maintenance funds credited to the Fund under subsection (c)(1)(A). The amount of any collections from the sale or transfer of defense articles repaired, overhauled, or refurbished under the program that was credited to the Fund under subsection (c)(1)(B). The amount of any cash payments from the sale or transfer of defense articles repaired, overhauled, or refurbished under the program that was credited to the Fund under subsection (c)(1)(C). Cost efficiencies generated by utilization of the Fund. Time efficiencies gained in the delivery of defense articles under the program. An explanation of all amounts transferred to and from the Fund pursuant to subsection (f). A detailed account of excess proceeds credited to the Special Defense Acquisition Fund pursuant to section (g). A list of defense articles, by quantity and type, repaired under the program and an identification of the foreign countries or international organizations to which the repaired defense articles were sold or transferred. the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. In this section, the term ‘defense article’ has the meaning given that term in section 47(3) of the Arms Export Control Act ( 22 U.S.C. 2794(3) ). The authority to carry out the program authorized by subsection (a), and to use amounts in the Fund in support of the program, shall expire on September 30, 2015 .” Close and continuing defense cooperation between the United States and the Republic of Korea continues to be in the national security interest of the United States. The Republic of Korea was designated a major non-NATO ally in 1987, the first such designation. The Republic of Korea has been a major purchaser of United States defense articles and services through the Foreign Military Sales (FMS) program, totaling $6,900,000,000 in deliveries over the last 10 years. Purchases of United States defense articles, services, and major defense equipment facilitate and increase the interoperability of Republic of Korea military forces with the United States Armed Forces. Congress has previously enacted important, special defense cooperation arrangements for the Republic of Korea, as in the Act entitled ‘An Act to authorize the transfer of items in the War Reserves Stockpile for Allies, Korea’, approved December 30, 2005 ( Public Law 109–159 ; 119 Stat. 2955 ), which authorized the President, notwithstanding section 514 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321h ), to transfer to the Republic of Korea certain defense items to be included in a war reserve stockpile for that country. Enhanced support for defense cooperation with the Republic of Korea is important to the national security of the United States, including through creation of a status in law for the Republic of Korea similar to the countries in the North Atlantic Treaty Organization, Japan, Australia, and New Zealand, with respect to consideration by Congress of foreign military sales to the Republic of Korea.” No less than 15 days prior to the export to any country identified pursuant to subparagraph (c) of any lethal defense article or service in the amount of $14,000,000 or less, the President shall provide a detailed notification to the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations [now Committee on Foreign Affairs] of the House of Representatives. A detailed notification transmitted pursuant to subsection (a) shall include the same type and quantity of information required of a notification submitted pursuant to section 36(b) of the Arms Export Control Act ( 22 U.S.C. 2776(b) ). identified in section 520 of this Act [ Pub. L. 105–277 , 112 Stat. 2681–176 ], or a comparable provision in a subsequent appropriations Act; or currently ineligible, in whole or in part, under an annual appropriations Act to receive funds for International Military Education and Training or under the Foreign Military Financing Program, excluding high-income countries as defined pursuant to section 546(b) of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2347e(b) ]. Information reportable under title V of the National Security Act of 1947 [ 50 U.S.C. 3091 et seq.] is excluded from the requirements of this section.” under the Arms Export Control Act ( 22 U.S.C. 2751 et seq.), without regard to section 3(a)(1) of that Act [ 22 U.S.C. 2753(a)(1) ], or under section 503 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2311 ), without regard to the requirement in subsection (a) of that section for a Presidential finding; and to receive nonlethal excess defense articles transferred under section 519 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321m ), without regard to the restrictions in subsection (a) of that section. the term ‘defense article’ has the same meaning given to that term in section 47(3) of the Arms Export Control Act ( 22 U.S.C. 2794(3) ); and the term ‘excess defense article’ has the same meaning given to that term in section 644(g) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(g) ).”