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Code · BILL · 113th Congress · H.R. 1793 (Introduced in House) — To establish a framework for effective, transparent, and accountable United States foreign assistance, and for other... · Sec. 4320

Sec. 4320. Acquisition of foreign-United States origin defense articles

347 words·~2 min read·/bill/113/hr/1793/ih/section-4320·

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The President may acquire a repairable defense article from a foreign country or international organization if such defense article— previously was transferred to such country or organization under this Act or predecessor Act (as in effect on the day before the date of the enactment of this Act); is not an end item; and will be exchanged for a defense article of the same type that is in the stocks of the Department of Defense. The President may exercise the authority provided in subsection
(a)only to the extent that the Department of Defense— has a requirement for the defense article being returned; and has available sufficient funds authorized and appropriated for such purpose; or is accepting the return of the defense article for subsequent transfer to another foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act or predecessor Act (as in effect on the day before the date of the enactment of this Act); and has available sufficient funds provided by or on behalf of such other foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act or predecessor Act (as in effect on the day before the date of the enactment of this Act). The foreign government or international organization receiving a new or repaired defense article in exchange for a repairable defense article pursuant to subsection
(a)shall, upon the acceptance by the United States Government of the repairable defense article being returned, be charged the total cost associated with the repair and replacement transaction. The total cost charged pursuant to paragraph
(1)shall be the same as that charged the United States Armed Forces for a similar repair and replacement transaction, plus an administrative surcharge in accordance with section 4314(a)(1). The authority of the President to accept the return of a repairable defense article as provided in subsection
(a)shall not be subject to chapter 137 of title 10, United States Code, or any other provision of law relating to the conclusion of contracts.
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