TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND CERTAIN MILITARY EQUIPMENT TO FOREIGN FORCES IN IRAQ AND AFGHANISTAN FOR PERSONNEL PROTECTION AND SURVIVABILITY.

SEC. 1202. TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND CERTAIN MILITARY EQUIPMENT TO FOREIGN FORCES IN IRAQ AND AFGHANISTAN FOR PERSONNEL PROTECTION AND SURVIVABILITY.(a) Authority.—(1) In general.—Subject to paragraphs (2), (3), and (4), the Secretary of Defense may treat covered military equipment as logistic support, supplies, and services under subchapter I of chapter 138 of title 10, United States Code, for the purpose of providing for the use of such equipment by military forces of a nation participating in combined operations with the United States in Iraq or Afghanistan.(2) Required determinations.—Equipment may be provided to the military forces of a nation under the authority of this section only upon—(A) a determination by the Secretary of Defense that the United States forces in the combined operation have no unfilled requirements for that equipment; and(B) a determination by the Secretary of Defense, with the concurrence of the Secretary of State, that it is in the national security interest of the United States to provide for the use of such equipment by the military forces of that nation under this section.(3) Limitation on use of equipment.—Equipment provided to the military forces of a nation under the authority of this section may be used by those forces only in Iraq or Afghanistan and only for personnel protection or to aid in the personnel survivability of those forces.(4) Limitation on duration of provision of equipment.—Equipment provided to the military forces of a nation under the authority of this section may be used by the military forces of that nation for not longer than one year.(b) Semiannual Reports to Congressional Committees.—(1) Use of authority during first six months of fiscal year.—If the authority provided in subsection (a) is exercised during the first six months of a fiscal year, the Secretary of Defense shall submit to the specified congressional committees a report on that exercise of such authority not later than the following April 30.(2) Use of authority during second six months of fiscal year.—If the authority provided in subsection (a) is exercised during the second six months of a fiscal year, the Secretary of Defense shall submit to the specified congressional committees a report on that exercise of such authority not later than the following October 30.(3) Content.—Each report under paragraph (1) or (2) shall include, with respect to each exercise of the authority provided in subsection (a) during the period covered by the report, the following:120 STAT. 2413(A) A description of the basis for the determination of the Secretary of Defense that it is in the national security interests of the United States to provide for the use of covered military equipment in the manner authorized in subsection (a).(B) Identification of each foreign force that receives such equipment.(C) A description of the type, quantity, and value of the equipment provided to each foreign force that receives such equipment.(D) A description of the terms and duration of the provision of the equipment to each foreign force that receives such equipment.(4) Coordination.—Each report under paragraph (1) or (2) shall be prepared in coordination with the Secretary of State.(c) Limitations on Provision of Military Equipment.—The provision of military equipment under this section is subject to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and of any other export control process under laws relating to the transfer of military equipment and technology to foreign nations.(d) Definitions.—In this section:(1) The term “covered military equipment” means items designated as significant military equipment in categories I, II, III, VII, XI, and XIII of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).(2) The term “specified congressional committees” means—(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and(B) the Committee on Armed Services and the Committee on International Relations of the House of Representatives.(e) Expiration.—The authority to provide military equipment to the military forces of a foreign nation under this section expires on September 30, 2008.