Sec. 1276. TRANSFER OF EXCESS HIGH MOBILITY MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES
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## SEC. 1276 TRANSFER OF EXCESS HIGH MOBILITY MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES ###
(a)Requirements in Connection With Transfer ####
(1)In general Before an excess high mobility multipurpose wheeled vehicle (HMMWV) is transferred on a grant or sales basis to a foreign country for the purpose of operation by that country, the Secretary of Defense shall ensure that the vehicle receives the same new, modernized powertrain and a modernized, armored or armor-capable crew compartment restored to like-new condition that the vehicle would receive were the vehicle to be modernized for operational used by the Armed Forces. ####
(2)Same new, modernized powertrain For purposes of paragraph (1), the term “same new, modernized powertrain”— #####
(A)means a fully-functioning new powertrain system; but #####
(B)does not mean an individual part, component, subassembly, assembly, or subsystem integral to the functioning of the powertrain system such as a new engine or transmission. ####
(3)Performance of work Any work performed pursuant to paragraph
(1)shall be performed in the United States, and shall be covered by section 2460(b)(1) of title 10, United States Code. ###
(b)Waiver ####
(1)In general Subject to paragraph (2), the President may waive the requirements of subsection (a)(1) with respect to any particular transfer of high mobility multipurpose wheeled vehicles if the President determines in writing that the waiver is in the national interests of the United States. ####
(2)Notice If the President makes a written determination under paragraph (1), the vehicles covered by the determination may not be transferred until 30 days after the Secretary of Defense provides notice of the transfer to the appropriate committees of Congress. Each notice on a transfer shall include the following: #####
(A)The recipient of the vehicles to be transferred, the intended use of the vehicles, and a description of the national interests of the United States in connection with the transfer. Such description may include, if applicable, a description of the priority United States security or defense cooperation interest with the recipient country that is fulfilled by the waiver. #####
(B)An explanation of the reasons for which it is in the national interest of the United States to make the transfer notwithstanding the requirements of subsection (a)(1). #####
(C)The impact of the transfer on the national technology and industrial base and, in articular, on any reduction of the opportunities of entities in the national technology and industrial base to sell new or used high mobility multipurpose wheeled vehicles to the countries to which the proposed transfer of vehicles is to take place. ####
(3)Delegation of authority The President may delegate the waiver authority provided by this subsection to the Secretary of Defense. ###
(c)Effective Date and Sunset ####
(1)Effective date Subsections
(a)and
(b)shall apply to any transfer of excess high mobility multipurpose wheeled vehicles that occurs on or after the date that is 90 days after the date of the enactment of this Act. ####
(2)Sunset The requirements in subsection
(a)shall expire on the date that is four years after the date of the enactment of this Act. ###
(d)Comptroller General of the United States Report ####
(1)In general The Comptroller General of the United States shall submit to the appropriate committees of Congress a report on all proposed and completed transfers of excess defense articles that are high mobility multipurpose wheeled vehicles under the authority of section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) during fiscal years 2012 through 2016. ####
(2)Elements The report under paragraph
(1)shall include the following: #####
(A)An assessment of the timing, rigorousness, and procedures used in the determination of the President that each transfer described in paragraph
(1)did not have an adverse impact on the national technology and industrial base and, in particular, that such transfer would 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 were or were to be transferred in accordance with section 516(b)(1)(E) of the Foreign Assistance Act of 1961. #####
(B)Any related matters the Comptroller General considers appropriate. ###
(e)Appropriate Committees of Congress Defined In this section, the term “appropriate committees of Congress” means— ####
(1)the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and ####
(2)the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
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Sec. 1276
TRANSFER OF EXCESS HIGH MOBILITY MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES
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