22 U.S.C. § 2321j - Authority to transfer excess defense articles
|Cite as:||22 U.S.C. § 2321j|
|Currency:||Current through P.L. 116-21 (6/12/2019)|
The President is authorized to transfer excess defense articles under this section to countries for which receipt of such articles was justified pursuant to the annual congressional presentation documents for military assistance programs, or for programs under part VIII of subchapter I of this chapter, submitted under section 2394 of this title, or for which receipt of such articles was separately justified to the Congress, for the fiscal year in which the transfer is authorized.
(b) Limitations on transfers
(1) The President may transfer excess defense articles under this section only if-
(A) such articles are drawn from existing stocks of the Department of Defense;
(B) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer;
(C) the transfer of such articles will not have an adverse impact on the military readiness of the United States;
(D) with respect to a proposed transfer of such articles on a grant basis, such a transfer is preferable to a transfer on a sales basis, after taking into account the potential proceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis;
(E) the President determines that the transfer of such articles will not have an adverse impact on the national technology and industrial base and, particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred; and
(F) the transfer of such articles is consistent with the policy framework for the Eastern Mediterranean established under section 2373 of this title.
(2) Accordingly, for the four-year period beginning on October 1, 1996, and thereafter for the four-period 1 beginning on October 1, 2000, the President shall ensure that excess defense articles offered to Greece and Turkey under this section will be made available consistent with the manner in which the President made available such excess defense articles during the four-year period that began on October 1, 1992, pursuant to section 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990.
(c) Terms of transfers
(1) No cost to recipient country
Excess defense articles may be transferred under this section without cost to the recipient country.
Notwithstanding any other provision of law, the delivery of excess defense articles under this section to member countries of the North Atlantic Treaty Organization (NATO) on the southern and southeastern flank of NATO, to major non-NATO allies on such southern and southeastern flank, and to the Philippines shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to other countries.
(d) Waiver of requirement for reimbursement of Department of Defense expenses
Section 2392(d) of this title shall not apply with respect to transfers of excess defense articles (including transportation and related costs) under this section.
(e) Transportation and related costs
(1) In general
Except as provided in paragraph (2), funds available to the Department of Defense may not be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of this section.
The President may provide for the transportation of excess defense articles without charge to a country for the costs of such transportation if-
(A) it is determined that it is in the national interest of the United States to do so;
(B) the recipient is a developing country receiving less than $10,000,000 of assistance under part V of this subchapter (relating to international military education and training) or section 23 of the Arms Export Control Act ( 22 U.S.C. 2763; relating to the Foreign Military Financing program) in the fiscal year in which the transportation is provided;
(C) the total weight of the transfer does not exceed 50,000 pounds; and
(D) such transportation is accomplished on a space available basis.
(f) Advance notification to Congress for transfer of certain excess defense articles
(1) In general
The President may not transfer excess defense articles that are significant military equipment (as defined in section 47(9) of the Arms Export Control Act [ 22 U.S.C. 2794(9) ]) or excess defense articles valued (in terms of original acquisition cost) at $7,000,000 or more, under this section or under the Arms Export Control Act ( 22 U.S.C. 2751 et seq.) until 30 days after the date on which the President has provided notice of the proposed transfer to the congressional committees specified in section 2394-1(a) of this title in accordance with procedures applicable to reprogramming notifications under that section.
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