U.S Code last checked for updates: Apr 28, 2024
All TitlesTitle 22Chapter 32Subchapter IIPart II
§ 2321j.
Authority to transfer excess defense articles
(a)
Authorization
(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
1
 So in original. Probably should be “four-year period”.
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
(2)
Priority
(d)
Waiver of requirement for reimbursement of Department of Defense expenses
(e)
Transportation and related costs
(1)
In general
(2)
Exception
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
(2)
Contents
Such notification shall include—
(A)
a statement outlining the purposes for which the article is being provided to the country, including whether such article has been previously provided to such country;
(B)
an assessment of the impact of the transfer on the military readiness of the United States;
(C)
an assessment of the impact of the transfer on the national technology and industrial base and, particularly, the impact on opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are to be transferred; and
(D)
a statement describing the current value of such article and the value of such article at acquisition.
(g)
Aggregate annual limitation
(1)
In general
(2)
Effective date
(h)
Congressional presentation documents
(i)
Excess Coast Guard property
(Pub. L. 87–195, pt. II, § 516, as added Pub. L. 99–661, div. A, title XI, § 1101, Nov. 14, 1986, 100 Stat. 3960; amended Pub. L. 100–202, § 101(b) [title VIII, § 8143], Dec. 22, 1987, 101 Stat. 1321–43, 1329–89; Pub. L. 101–189, div. A, title IX, § 934, Nov. 29, 1989, 103 Stat. 1538; Pub. L. 101–513, title V, § 589, Nov. 5, 1990, 104 Stat. 2057; Pub. L. 102–190, div. A, title X, § 1049(a), Dec. 5, 1991, 105 Stat. 1469; Pub. L. 102–391, title V, § 574, Oct. 6, 1992, 106 Stat. 1683; Pub. L. 102–484, div. A, title XIII, § 1313, Oct. 23, 1992, 106 Stat. 2548; Pub. L. 103–160, div. A, title XI, § 1182(c)(2), title XIV, § 1421, Nov. 30, 1993, 107 Stat. 1772, 1829; Pub. L. 103–236, title VII, § 731(a), Apr. 30, 1994, 108 Stat. 502; Pub. L. 104–106, div. A, title X, § 1012(g)(1), Feb. 10, 1996, 110 Stat. 422; Pub. L. 104–164, title I, § 104(a), July 21, 1996, 110 Stat. 1424; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, §§ 1211(b), 1213], Nov. 29, 1999, 113 Stat. 1536, 1501A–497, 1501A–498; Pub. L. 106–280, title I, § 122, Oct. 6, 2000, 114 Stat. 851; Pub. L. 107–228, div. B, title XII, § 1234, Sept. 30, 2002, 116 Stat. 1433; Pub. L. 113–276, title II, § 202, Dec. 18, 2014, 128 Stat. 2990; Pub. L. 117–263, div. E, title LV, § 5503(c)(2), Dec. 23, 2022, 136 Stat. 3298.)
cite as: 22 USC 2321j
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