§8677 — Title 10 Armed Forces | U.S. Code

Summary

A naval ship over 3,000 tons or under 20 years old cannot be given to another country in any way (sale, lease, loan, grant, barter, transfer, etc.) unless a law passed after August 5, 1974, specifically allows it. Any lease or loan under such a law must follow the rules in the Arms Export Control Act (22 U.S.C. 2796 et seq., chapter 6) or the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq., part II, chapter 2). If a law names one ship, the Secretary of Defense may swap in another ship of the same class with almost the same capabilities. If a law allows a certain number of ships of a class, only that number may be sent. A ship not covered by the rule above can be transferred under other laws only after the Secretary of the Navy gives written notice to the House and Senate Armed Services Committees and 30 continuous session days of Congress pass after the notice. The 30-day count is only broken by a final adjournment of Congress; days when either House is out of session because of an adjournment longer than 3 days to a set date are not counted.

Title 10, §8677

Armed Forces — Source: USLM XML via OLRC

(a)A naval vessel that is in excess of 3,000 tons or that is less than 20 years of age may not be disposed of to another nation (whether by sale, lease, grant, loan, barter, transfer, or otherwise) unless the disposal of that vessel, or of a vessel of the class of that vessel, is authorized by law enacted after August 5, 1974. A lease or loan of such a vessel under such a law may be made only in accordance with the provisions of chapter 6 of the Arms Export Control Act (22 U.S.C. 2796 et seq.) or chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.). In the case of an authorization by law for the disposal of such a vessel that names a specific vessel as being authorized for such disposal, the Secretary of Defense may substitute another vessel of the same class, if the vessel substituted has virtually identical capabilities as the named vessel. In the case of an authorization by law for the disposal of vessels of a specified class, the Secretary may dispose of vessels of that class pursuant to that authorization only in the number of such vessels specified in that law as being authorized for disposal.

(b)(1)A naval vessel not subject to subsection (a) may be disposed of to another nation (whether by sale, lease, grant, loan, barter, transfer, or otherwise) in accordance with applicable provisions of law, but only after—

(A)the Secretary of the Navy notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives in writing of the proposed disposition; and

(B)30 days of continuous session of Congress have expired following the date on which such notice is sent to those committees.

(2)For purposes of paragraph (1)(B), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of such 30-day period.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapter 6 of that Act is classified generally to subchapter VI (§ 2796 et seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of Title 22 and Tables. The Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 2 of part II of that Act is classified generally to part II (§ 2311 et seq.) of subchapter II of chapter 32 of Title 22. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of Title 22 and Tables.

Amendments

2018—Pub. L. 115–232 renumbered section 7307 of this title as this section. 2006—Subsec. (a). Pub. L. 109–364 substituted “disposal of that vessel, or of a vessel of the class of that vessel, is authorized” for “disposition of that vessel is approved” and inserted at end “In the case of an authorization by law for the disposal of such a vessel that names a specific vessel as being authorized for such disposal, the Secretary of Defense may substitute another vessel of the same class, if the vessel substituted has virtually identical capabilities as the named vessel. In the case of an authorization by law for the disposal of vessels of a specified class, the Secretary may dispose of vessels of that class pursuant to that authorization only in the number of such vessels specified in that law as being authorized for disposal.” 1999—Subsec. (b)(1)(A). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1996—Subsec. (b)(1)(A). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§8677 Disposals to foreign nations

Summary

Title 10, §8677

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References in Text

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Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

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