Sec. 112. Expedited NATO excess defense articles transfer program
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Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report with recommendations regarding the need for and suitability of transferring excess defense articles under this section to countries in the NATO alliance, with particular emphasis on the foreign policy benefits as it pertains to those member states currently purchasing defense articles or services from the Russian Federation.
During the 30-calendar-day period following submission by the Secretary of Defense of the report required under subsection (a), the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the recommendations included in the report. The President is authorized to transfer such excess defense articles in a fiscal year as the Secretary of Defense recommends pursuant to 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 which receipt of such articles was separately justified to Congress, for such fiscal year.
The President may transfer excess defense articles under this section only if— such articles are drawn from existing stocks of the Department of Defense; funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer; the President determines that the transfer of such articles will not have an adverse impact on the military readiness of the United States; with respect to a proposed transfer of such articles on a grant basis, the President determines that the 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; and 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.
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 NATO that still purchase defense goods and services from the Russian Federation and pledge to decrease such purchases shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to other countries. Except as provided in subparagraph (B), 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— it is determined that it is in the national interest of the United States to do so; the recipient is a NATO member state currently purchasing defense goods and services from the Russian Federation that has pledged to reduce such purchases; the total weight of the transfer does not exceed 50,000 pounds; and such transportation is accomplished on a space available basis.