Page:United States Statutes at Large Volume 108 Part 1.djvu/479

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PUBLIC LAW 103-236—APR. 30, 1994 108 STAT. 453 "(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. — President. " (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)(l) 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 notifv the designated congressional committees pursuant to paragraph (1) at least 15 days before the excess defense articles are transferred under tnis 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; ana "(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