§2390 — Title 10 Armed Forces | U.S. Code

Summary

You cannot sell Department of Defense items that are held as prepositioned unit sets, decrement stock (stock needed to move forces from peacetime to combat), or prepositioned war reserve stocks outside the Department. The President can allow a sale during an international crisis that affects U.S. security, but must tell Congress within 60 days after the transfer with a plan to restock the items and the budget request to start that plan. Sales already set aside for replacement, substitution, elimination, to buy higher‑priority stocks, and transfers or sales to NATO members are allowed.

Title 10, §2390

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2390, added Pub. L. 95–79, title VIII, § 815(a), July 30, 1977, 91 Stat. 337; amended Pub. L. 96–470, title I, § 104(a), Oct. 19, 1980, 94 Stat. 2238; Pub. L. 96–513, title V, § 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, § 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,”.

§2390 Prohibition on the sale of certain defense articles from the stocks of the Department of Defense