Sec. 408. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTERNATIONAL PEACEKEEPING OPERATIONS

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## SEC. 408 TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTERNATIONAL PEACEKEEPING OPERATIONS Chapter 2 of part II of the Foreign Assistance Act of 1961 is amended by adding after section 519 (22 U.S.C. 2321m) the following: > > ## “SEC. 520.54 TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTERNATIONAL PEACEKEEPING OPERATIONS > > > ### “(a) General Authority > > The President may transfer to international and regional organizations of which the United States is a member such excess defense articles as the President determines necessary to support international peacekeeping operations and other activities and operations to maintain and restore international peace and security.

Such transfers shall be on such terms and conditions as the President may determine, consistent with this section. > > 5422 U.S.C. 2321n. The Foreign Assistance Act of 1961, as amended through 1993, may be found in *Legislation on Foreign Relations Through 1993*, vol. I–A. > > > ### “(b) Conditionality of Authority > > > #### “(1) In general > > The authority of subsection

(a)may not be exercised with respect to an international or regional organization until the United States has entered into a written agreement with that organization providing that the value of any excess defense articles transferred under this section shall be credited against United States assessed contributions to that organization. For purposes of this paragraph, the term ‘**value**’ means such amount as may be agreed upon by the United States and the recipient organization, except that such amount may not be less than the value (as defined in section 644(m)(1) of this Act) of the articles transferred. > > > #### “(2) Crediting of transfers > > > #####

(A)> > The credit provided for pursuant to paragraph

(1)shall be counted against United States assessed contributions to the recipient organization that are payable from the ‘Contribution to International Peacekeeping Activities’ account of the Department of State, except to the extent such credit is counted, in accordance with subparagraph (B), against an assessed contribution payable from an account established within the Department of Defense. > > > ##### “(B) > > If— > > > ###### “(i) > > an account is established within the Department of Defense for payment of a portion of United States assessed contributions for United Nations operations, > > > ###### “(ii) > > excess defense articles are transferred under this section for a United Nations operation, and > > > ###### “(iii) > > the United States assessed contribution for that operation is payable from that account, > > the credit for those excess defense articles shall be counted against the assessed contribution payable from that account, but only to the extent that the value of the excess defense articles so transferred for that operation during a fiscal year does not exceed the total United States assessed contribution payable for that operation from that account during that fiscal year. > > > ### “(c) Limitations on Transfers > > The President may transfer excess defense articles under this section only if— > > > #### “(1) > > they are drawn from existing stocks of the Department of Defense (or the Coast Guard); > > > #### “(2) > > funds available to the Department of Defense (or the Coast Guard) for the procurement of defense equipment are not expended in connection with the transfer; > > > #### “(3) > > the transfer of the excess defense articles will not have an adverse impact on the military readiness of the United States; and > > > #### “(4) > > the President has established procedures and requirements, comparable to those applicable under section 505 of this Act, to ensure that such excess defense articles will be used only for purposes that have been agreed to by the United States. > > > ### “(d) Notification to Congress > > > #### “(1) In general > > The President shall notify the designated congressional committees regarding any transfer of excess defense articles under this section in accordance with paragraph (2). This notification shall include— > > > ##### “(A) > > a discussion of the need for the transfer; > > > ##### “(B) > > an assessment of the impact of the transfer on the military readiness of the United States; and > > > ##### “(C) > > a statement of— > > > ###### “(i) > > the acquisition cost and the value (as defined in section 644(m)(1) of this Act) of the excess defense articles to be transferred, and > > > ###### “(ii) > > the aggregate acquisition cost and the aggregate value (as so defined) of all excess defense articles for which notification has been provided under this subsection during that fiscal year with respect to transfers to the same organization under this section. > > > #### “(2) Timing of notice > > > #####

(A)> > The President shall notify the designated congressional committees pursuant to paragraph

(1)at least 15 days before the excess defense articles are transferred under this section, except as provided in subparagraph (B). > > > ##### “(B) > > If the President determines that an unforeseen emergency requires the immediate transfer of excess defense articles under this section, the President— > > > ###### “(i) > > may waive the requirement of subparagraph

(A)that notice be provided at least 15 days in advance of the transfer; and > > > ###### “(ii) > > shall promptly notify the designated congressional committees of such waiver and transfer. > > > #### “(3) Designated committees > > As used in this subsection, the term ‘**designated congressional committees**’ means the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. > > > ### “(e) Transportation and Related Costs > > > #### “(1) In general > > Except as provided in paragraph (2), funds available to the Department of Defense shall not be expended for crating, packing, handling, and transporting excess defense articles transferred under the authority of this section. > > > #### “(2) Exception > > Notwithstanding any other provision of law, the President may direct the crating, packing, handling, and transporting of excess defense articles without charge to an international or regional organization if the President determines that waiving such costs advances the foreign policy interests of the United States. > > > ### “(f) Waiver of Requirement for Reimbursement of DOD Expenses > > Section 632(d) shall not apply with respect to transfers of excess defense articles under this section and to any costs of crating, packing, handling, and transporting incurred under subsection (e)(2).” > .

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22 USC 2321m
5422 USC 2321n

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Sec. 408

TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTERNATIONAL PEACEKEEPING OPERATIONS

Cite22 USC 2321m

Cite5422 USC 2321n

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