---
kind: "section"
citation: "22 U.S.C. § 2795a"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "2795a"
heading: "Use and transfer of items procured by Fund"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/2795a"
units:
  - "Chapter 39 — Arms Export Control"
  - "Subchapter V — Special Defense Acquisition Fund"
---

# §2795a. Use and transfer of items procured by Fund

- (a) **Authorization—** No defense article or defense service acquired by the [Secretary](/usc/22/277d–43.md?p=5) of Defense under this subchapter may be transferred to any [foreign country](/usc/22/2321c.md?p=2) or international organization unless such transfer is authorized by this chapter, the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](/usc/22/2151.md) et seq.], or other law.
- (b) **Temporary use—** The President may authorize the temporary use by the United States Armed Forces of [defense articles and defense services](/usc/22/2794.md?p=7) acquired under this subchapter prior to their transfer to a [foreign country](/usc/22/2321c.md?p=2) or international organization, if such is necessary to meet national defense requirements and the United States Armed Forces bear the costs of operation and maintenance of such articles or services while in their use and the costs of restoration or replacement upon the termination of such use.
- (c) **Storage, maintenance and other costs—** Except as provided in [subsection (b)](#b) of this section, the Fund may be used to pay for storage, maintenance, and other costs related to the preservation and preparation for transfer of [defense articles and defense services](/usc/22/2794.md?p=7) acquired under this subchapter prior to their transfer, as well as the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to [section 2792(b) of this title](/usc/22/2792.md?p=b).

## Source credit

(Pub. L. 90–629, ch. 5, § 52, as added Pub. L. 97–113, title I, § 108(a), Dec. 29, 1981, 95 Stat. 1523.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.

The Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

### Executive Documents

### Delegation of Functions

For delegation of functions of the President under subsec. (b) of this section, see section 1(s) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16131, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.