Page:United States Statutes at Large Volume 105 Part 2.djvu/517

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PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1469 SEC 1049. EXTENSION OF AUTHORITY FOR TRANSFER OF EXCESS DE- FENSE ARTICLES TO CERTAIN COUNTRIES. (a) EXTENSION OF AUTHORITY. —Section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) is amended— (1) in subsection (a), by striking out "during the fiscal years 1987 through 1991,"; and (2) by adding at the end of the section the following: "(f) DURATION OF AUTHORITY.—The authority of this section shall be effective during fiscal years 1992 through 1996.". (b) AVOIDING DUPUCATIVE AMENDMENTS.— I f the International 22 USC 232ij Cooperation Act of 1991 is enacted before this Act is enacted and '^°*^- that Act makes the amendments to section 516 of the Foreign Assistance Act of 1961 that are stated in subsection (a), then the amendments stated in subsection (a) shall not take effect. If the International Cooperation Act of 1991 is enacted after this Act is enacted and that Act would make the amendments to section 516 of the Foreign Assistance Act of 1961 that are made by subsection (a), then the amendments that would be made by that Act that are identical to the amendments made by subsection (a) shall not take effect. SEC. 1050. AUTHORITY OF SECRETARY OF DEFENSE IN CONNECTION WITH COOPERATIVE AGREEMENTS ON AIR DEFENSE IN ITALY. (a) AUTHORITY TO CARRY OUT AGREEMENTS.—The Secretary of Defense is authorized to carry out the Italian air defense agreements. In carrying out those agreements, the Secretary— (1) may provide without monetary charge to the Republic of Italy articles and services as specified in the agreements; and (2) may accept from the Republic of Italy (in return for the articles and services provided under paragraph (1)) articles and services as specified in the agreements. (b) ADMINISTRATION OF AGREEMENTS.— In connection with the administration of the Italian air defense agreements, the Secretary of Defense may— (1) waive any surcharge for administrative services otherwise chargeable under section 21(e)(l)(A) of the Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)); (2) waive any charge not otherwise waived for services associated with contract administration for the sale under the Arms Export Control Act of Patriot air defense missile fire units or components thereof to the Republic of Italy contemplated in the agreements; and '^ (3) use, to the extent contemplated in the agreements, the ' North Atlantic Treaty Organization (NATO) Maintenance and Supply Agency— (A) for the supply of logistic support in Europe for the Patriot missile system; and (B) for the acquisition of such logistic support, to the extent that the Secretary determines that the procedures of that agency governing such supply and acquisition are appropriate. (c) AUTHORITY SUBJECT TO AVAILABILITY OF APPROPRIATIONS.—The authority of the Secretary of Defense to enter into contracts under the Italian air defense agreements is available only to the extent that appropriated funds are otherwise available for that purpose.