U.S Code last checked for updates: Jun 21, 2024
§ 2791.
General provisions
(a)
Considerations in procurement outside United States
(b)
Information to Congress on credit sales and guaranties
(c)
Availability of funds for procurement outside United States
(d)
Responsibility of Secretary of Defense with respect to sales and guaranties
(1)
With respect to sales and guaranties under sections 2761, 2762, 2763, 2764, 2769 and 2770 of this title, the Secretary of Defense shall, under the direction of the President, have primary responsibility for—
(A)
the determination of military end-item requirements;
(B)
the procurement of military equipment in a manner which permits its integration with service programs;
(C)
the supervision of the training of foreign military personnel;
(D)
the movement and delivery of military end-items; and
(E)
within the Department of Defense, the performance of any other functions with respect to sales and guaranties.
(2)
The establishment of priorities in the procurement, delivery, and allocation of military equipment shall, under the direction of the President, be determined by the Secretary of Defense.
(e)
Revocation and suspension provisions of contracts for sale and export licenses; appropriations for refunds
(1)
Each contract for sale entered into under sections 2761, 2762, 2769 and 2770 of this title, and each contract entered into under section 2767(d) of this title, shall provide that such contract may be canceled in whole or in part, or its execution suspended, by the United States at any time under unusual or compelling circumstances if the national interest so requires.
(2)
(A)
Each export license issued under section 2778 of this title shall provide that such license may be revoked, suspended, or amended by the Secretary of State, without prior notice, whenever the Secretary deems such action to be advisable.
(B)
Nothing in this paragraph may be construed as limiting the regulatory authority of the President under this chapter.
(3)
There are authorized to be appropriated from time to time such sums as may be necessary (A) to refund moneys received from purchasers under contracts of sale entered into under sections 2761, 2762, 2769 and 2770 of this title, or under contracts entered into under section 2767(d) of this title, that are canceled or suspended under this subsection to the extent such moneys have previously been disbursed to private contractors and United States Government agencies for work in progress, and (B) to pay such damages and costs that accrue from the corresponding cancellation or suspension of the existing procurement contracts or United States Government agency work orders involved.
(f)
Use of civilian contract personnel in foreign countries
(Pub. L. 90–629, ch. 4, § 42, Oct. 22, 1968, 82 Stat. 1326; Pub. L. 92–226, pt. IV, § 401(e), (f), Feb. 7, 1972, 86 Stat. 33; Pub. L. 94–141, title I, § 150(b), Nov. 29, 1975, 89 Stat. 760; Pub. L. 94–329, title II, § 213, title VI, § 605(b), June 30, 1976, 90 Stat. 745, 768; Pub. L. 96–533, title I, § 105(e)(3), Dec. 16, 1980, 94 Stat. 3135; Pub. L. 97–392, § 2, Dec. 29, 1982, 96 Stat. 1963; Pub. L. 99–83, title I, § 115(b)(3), Aug. 8, 1985, 99 Stat. 201; Pub. L. 99–145, title XI, § 1102(a)(4), (5), Nov. 8, 1985, 99 Stat. 710; Pub. L. 99–661, div. A, title XIII, § 1342(e), Nov. 14, 1986, 100 Stat. 3991; Pub. L. 103–236, title VII, § 714(a)(2), Apr. 30, 1994, 108 Stat. 497; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(a)(3), Oct. 21, 1998, 112 Stat. 2681–773.)
cite as: 22 USC 2791