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22 U.S.C. § 2796d — Loan of materials, supplies, and equipment for research and development purposes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Loan or gift transactions; written agreement; covered programs**
(1) 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.
(2) 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.
(3) 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.
**(b) Reimbursement of consumed materials, etc.** 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—
(1) 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
(2) approves of the expenditure or consumption of such materials, supplies, or equipment.
**(c) Prohibitions** The Secretary of Defense may not loan to a country under this section any mate
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Source file: Laws/federal/codes/united-states-code/title-22/section-2796d-loan-of-materials-supplies-and-equipment-for-research-and-development-pu--151272a41b.md
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Source location: Title 22, Chapter 39, § 2796d; chapter-039-arms-export-control.md
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**(a) Loan or gift transactions; written agreement; covered programs**
(1) 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.
(2) 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.
(3) 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.
**(b) Reimbursement of consumed materials, etc.** 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—
(1) 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
(2) approves of the expenditure or consumption of such materials, supplies, or equipment.
**(c) Prohibitions** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98b&num=0&edition=prelim)) is less than the quantity of such material to be stockpiled, as determined by the President under [section 98b(a) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98b/a&num=0&edition=prelim).
**(d) “NATO ally” defined** For purposes of this section, the term “NATO ally” means a member country of the North Atlantic Treaty Organization (other than the United States).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 99–661, div. A, title XI, § 1105, Nov. 14, 1986, 100 Stat. 3965; Pub. L. 100–456, div. A, title X, § 1007, Sept. 29, 1988, 102 Stat. 2040, related to cooperative research and development with major non-NATO allies. See [section 2350a of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350a&num=0&edition=prelim), Armed Forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2767a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination of materials; quantities** Subject to subsection (c), the President shall determine from time to time (1) which materials are strategic and critical materials for the purposes of this subchapter, and (2) the quality and quantity of each such material to be acquired for the purposes of this subchapter and the form in which each such material shall be acquired and stored. Such materials when acquired, together with the other materials described in [section 98c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98c&num=0&edition=prelim), shall constitute and be collectively known as the National Defense Stockpile (hereinafter in this subchapter referred to as the “stockpile”).
**(b) Guidelines for exercise of Presidential authority** The President shall make the determinations required to be made under subsection (a) on the basis of the principles stated in [section 98a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98a/c&num=0&edition=prelim).
**(c) Quantity change; notification to Congress**
(1) The quantity of any material to be stockpiled under this subchapter, as in effect on September 30, 1987, may be changed only as provided in this subsection or as otherwise provided by law enacted after December 4, 1987.
(2) The President shall notify Congress in writing of any increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for the stockpile. The President may make the increase after the end of the 30-day period beginning on the date of the notification. The President shall include a full explanation and justification for the proposed increase with the notification.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98b
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Federal law — U.S. Code and appendices · legal_authorities
Page 1278
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2796c
placement cost less any depreciation in its
value) at $14,000,000 or more, or (ii) defense arti-
cles valued (in terms of their replacement cost
less
any
depreciation
in
their
value)
at
$50,000,000 or more, the agreement may not be
entered into or renewed if the Congress, within
the 15-day or 30-day period specified in section
2796a(c)(1) or (2) of this title, as the case may be,
enacts a joint resolution prohibiting the pro-
posed lease or loan.
(2) In the case of an agreement described in
paragraph (1) that is entered into with a mem-
ber country of the North Atlantic Treaty Orga-
nization (NATO) or Australia, Japan, the Repub-
lic of Korea, Israel, or New Zealand, the limita-
tions in paragraph (1) shall apply only if the
agreement involves a lease or loan of—
(A) major defense equipment valued (in
terms of its replacement cost less any depre-
ciation in its value) at $25,000,000 or more; or
(B) defense articles valued (in terms of their
replacement cost less any depreciation in
their value) at $100,000,000 or more.
(b) Consideration of resolution
Any joint resolution under subsection (a) shall
be considered in the Senate in accordance with
the provisions of section 601(b) of the Inter-
national Security Assistance and Arms Export
Control Act of 1976.
(c) Highly privileged nature of resolution
For the purpose of expediting the consider-
ation and enactment of joint resolutions under
subsection (a), a motion to proceed to the con-
sideration of any such joint resolution after it
has been reported by the appropriate committee
shall be treated as highly privileged in the
House of Representatives.
(Pub. L. 90–629, ch. 6, § 63, as added Pub. L. 97–113,
title I, § 109(a), Dec. 29
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2796d
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