AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND AFGHANISTAN.

SEC. 1234. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND AFGHANISTAN.(a) Authority.—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to transfer defense articles from the stocks of the Department of Defense, without reimbursement from the Government of Iraq or the Government of Afghanistan, and to provide defense services in connection with the transfer of such defense articles, to—(1) the military and security forces of Iraq to support the efforts of those forces to restore and maintain peace and security in that country; and(2) the military and security forces of Afghanistan to support the efforts of those forces to restore and maintain peace and security in that country.(b) Limitations.—(1) Value.—The aggregate replacement value of all defense articles transferred and defense services provided under subsection (a) may not exceed $750,000,000.(2) Source of transferred defense articles.—The authority under subsection (a) may only be used for defense articles that—(A)(i) were present in Iraq as of the date of the enactment of this Act;(ii) immediately before the transfer were in use to support operations in Iraq; and(iii) are no longer required by United States forces in Iraq; or(B)(i) were present in Kuwait as of the date of enactment of this Act;(ii) prior to being transferred to Kuwait were in use to support operations in Iraq; and(iii) are no longer required by United States forces in Iraq or Kuwait (as the case may be).(c) Applicable Law.—Any defense articles transferred or defense services provided to Iraq or Afghanistan under the authority of subsection (a) shall be subject to the authorities and limitations applicable to excess defense articles under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), other than the authorities and limitations contained in subsections (b)(1)(B), (e), (f), and (g) of such section.(d) Report.—(1) In general.—The Secretary of Defense may not exercise the authority under subsection (a) until 30 days after the Secretary of Defense, with the concurrence of the Secretary of State, provides the appropriate congressional committees a report on the plan for the disposition of equipment and other property of the Department of Defense in Iraq or Kuwait (as the case may be).(2) Elements of report.—The report required under paragraph (1) shall include the following elements:(A) An assessment of—(i) the types and quantities of defense articles required by the military and security forces of Iraq to support the efforts of those military and security forces to restore and maintain peace and security in Iraq; and123 STAT. 2533(ii) the types and quantities of defense articles required by the military and security forces of Afghanistan to support the efforts of those military and security forces to restore and maintain peace and security in Afghanistan.(B) A description of the authorities available for addressing the requirements identified in subparagraph (A).(C) A description of the process for inventorying equipment and property, including defense articles, in Iraq or Kuwait owned by the Department of Defense, including equipment and property owned by the Department of Defense and under the control of contractors in Iraq.(D) A description of the types of defense articles that the Department of Defense intends to transfer to the military and security forces of Iraq and an estimate of the quantity of such defense articles to be transferred.(E) A description of the types of defense articles that the Department of Defense intends to transfer to the military and security forces of Afghanistan and an estimate of the quantity of such defense articles to be transferred.(F) A description of the process by which potential requirements, including requirements related to responding to natural disasters and other domestic emergencies in the continental United States, for defense articles to be transferred under the authority provided in subsection (a), other than the requirements of the security forces of Iraq or Afghanistan, are identified and the mechanism for resolving any potential conflicting requirements for such defense articles.(G) A description of the plan, if any, for reimbursing military departments from which non-excess defense articles are transferred under the authority provided in subsection (a).(H) An assessment of the efforts by the Government of Iraq to identify the requirements of the military and security forces of Iraq for defense articles to support the efforts of those forces to restore and maintain peace and security in that country.(I) An assessment of the ability of the Governments of Iraq and Afghanistan to absorb the costs associated with possessing and using the defense articles to be transferred.(J) A description of the steps taken by the Government of Iraq to procure or acquire defense articles to meet the requirements of the military and security forces of Iraq, including through military sales from the United States.(e) Notification.—(1) In general.—The Secretary of Defense may not transfer defense articles or provide defense services under subsection (a) until 15 days after the date on which the Secretary of Defense, with the concurrence of the Secretary of State, has provided notice of the proposed transfer of defense articles or provision of defense services to the appropriate congressional committees.(2) Contents.—Such notification shall include—123 STAT. 2534(A) a description of the amount and type of each defense article to be transferred or defense services to be provided;(B) a statement describing the current value of such article and the estimated replacement value of such article;(C) a description of whether the article is considered to be an excess defense article or a non-excess defense article;(D) an identification of the military department from which the defense articles being transferred are drawn;(E) an identification of the element of the military or security force that is the proposed recipient of each defense article to be transferred or defense service to be provided; and(F) a certification and determination by the Secretary of Defense that—(i) the defense articles to be transferred are required by the military and security forces of Iraq or the military and security forces of Afghanistan, as applicable, to build their capacity to restore and maintain peace and security in their country;(ii) the government of the recipient country has agreed to accept and take possession of the defense articles to be transferred and to receive the defense services in connection with that transfer; and(iii) the proposed transfer of such defense articles and the provision of defense services in connection with such transfer is in the national interest of the United States.(f) Quarterly Report.—(1) In general.—Not later than 90 days after the date of the report provided under subsection (d), and every 90 days thereafter during fiscal year 2010, the Secretary of Defense shall report to the appropriate congressional committees on the implementation of the authority under subsection (a). The report shall include the replacement value of defense articles transferred pursuant to subsection (a), both in the aggregate and by military department, and services provided to Iraq and Afghanistan during the previous 90 days.(2) Inclusion in other report.—The report required under paragraph (1) may be included in the report required under section 9204 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 122 Stat. 2410) or any follow on report to such other report.(g) Definitions.—In this section:(1) Appropriate congressional committees.—The term “appropriate congressional committees” means—(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and(B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.(2) Defense articles.—The term “defense articles” has the meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(d)).123 STAT. 2535(3) Defense services.—The term “defense services” has the meaning given the term in section 644(f) of such Act (22 U.S.C. 2403(f)).(4) Military and security forces.—The term “military and security forces” means national armies, national air forces, national navies, national guard forces, police forces and border security forces, but does not include non-governmental or irregular forces (such as private militias).(h) Expiration.—The authority provided under subsection (a) may not be exercised after September 30, 2010.(i) Excess Defense Articles.—(1) Additional authority.—The authority provided by subsection (a) is in addition to the authority provided by section 516 of the Foreign Assistance Act of 1961.(2) Aggregate value.—The value of excess defense articles transferred to Iraq or Afghanistan during fiscal year 2010 pursuant to section 516 of the Foreign Assistance Act of 1961 shall not be counted against the limitation on the aggregate value of excess defense articles transferred contained in subsection (g) of such Act or against the limitation on the aggregate value of defense articles transferred contained in subsection (b)(1) of this section.(j) Rule of Construction.—Nothing in this section shall be construed as to provide the authority to refurbish, transport, or otherwise assist in the transfer to Iraq or Afghanistan of excess defense articles outside of Iraq or Kuwait as of the date of the enactment of this Act.