22 U.S.C. § 2796d — Loan of materials, supplies, and equipment for research and development purposes
submitted 38 years ago by Pub. L. 90-629 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 370 words · no verdicts yet
The Secretary of Defense may loan materials, supplies, or equipment to NATO or major non-NATO allies for cooperative research, development, testing, or evaluation, and may accept such items from them. Written agreements, consumption rules, a stockpile restriction, and a definition of “NATO ally” apply.
(a)(1) Unless (c) applies, the Secretary may loan materials, supplies, or equipment to a NATO or major non-NATO ally for cooperative research, development, testing, or evaluation, and may accept them as a loan or gift from such an ally for that purpose. (2) Each transaction must be covered by a written agreement between the Secretary and the country. (3) Covered testing or evaluation includes testing solely for standardization, interchangeability, or technical evaluation if the recipient agrees to give the results to the United States free of charge.
(b) Loaned items may be used up or consumed in testing or evaluation without reimbursement if the Secretary determines success depends on doing so and approves it.
(c) The Secretary may not loan a strategic and critical material when the National Defense Stockpile contains less than the quantity the President has determined should be stockpiled.
(d) “NATO ally” means a member country of NATO other than the United States.
Except as provided in subsection (c), the Secretary of Defense may loan to a country that is a NATO or major non-NATO ally materials, supplies, or equipment for the purpose of carrying out a program of cooperative research, development, testing, or evaluation. The Secretary may accept as a loan or a gift from a country that is a NATO or major non-NATO ally materials, supplies, or equipment for such purpose.
Each loan or gift transaction entered into by the Secretary under this section shall be provided for under the terms of a written agreement between the Secretary and the country concerned.
A program of testing or evaluation for which the Secretary may loan materials, supplies, or equipment under this section includes a program of testing or evaluation conducted solely for the purpose of standardization, interchangeability, or technical evaluation if the country to which the materials, supplies, or equipment are loaned agrees to provide the results of the testing or evaluation to the United States without charge.
The materials, supplies, or equipment loaned to a country under this section may be expended or otherwise consumed in connection with any testing or evaluation program without a requirement for reimbursement of the United States if the Secretary—
determines that the success of the research, development, test, or evaluation depends upon expending or otherwise consuming the materials, supplies, or equipment loaned to the country; and
approves of the expenditure or consumption of such materials, supplies, or equipment.
The Secretary of Defense may not loan to a country under this section any material if the material is a strategic and critical material and if, at the time the loan is to be made, the quantity of the material in the National Defense Stockpile (provided for under section 98b of title 50) is less than the quantity of such material to be stockpiled, as determined by the President under section 98b(a) of title 50.
For purposes of this section, the term “NATO ally” means a member country of the North Atlantic Treaty Organization (other than the United States).
Source credit: (Pub. L. 90–629, ch. 6, § 65, as added Pub. L. 100–456, div. A, title X, § 1003(a), Sept. 29, 1988, 102 Stat. 2038; amended Pub. L. 102–25, title VII, § 705(d)(2), Apr. 6, 1991, 105 Stat. 120; Pub. L. 104–164, title I, § 147(a)(3)(B), July 21, 1996, 110 Stat. 1435.)
- 1988Enacted · Pub. L. 90-629 · 102 Stat. 2038
- 1991Amended · Pub. L. 102-25 · 105 Stat. 120
- 1996Amended · Pub. L. 104-164 · 110 Stat. 1435
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-629 on 1988-09-29.
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