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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. 4321

Sec. 4321. Return of defense articles

287 words·~1 min read·/bill/113/hr/1793/ih/section-4321·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The President may accept the return of a 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 significant military equipment (as defined in section 4411); and is in fully functioning condition without need of repair or rehabilitation. 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). Upon acquisition and acceptance by the United States Government of a defense article under subsection (a), the appropriate Foreign Military Sales account of the provider shall be credited to reflect the transaction. The authority of the President to accept the return of a 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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