PUBLIC LAW 104-164-^ULY 21, 1996 110 STAT. 1439 "(B) The total cost charged pursuant to subparagraph (A) shall be the same as that charged the United States Armed Forces for a similar repair and replacement transaction, plus an administrative surcharge in accordance with subsection (e)(1)(A) of this section. " (4) RELATIONSHIP TO CERTAIN OTHER PROVISIONS OF LAW. — The authority of the President to accept the return of a repairable defense article as provided in subsection (a) shall not be subject to chapter 137 of title 10, United States Code, or any other provision of law relating to the conclusion of contracts.". (b) RETURN OF DEFENSE ARTICLES. —Section 21 of such Act (22 U.S.C. 2761), as amended by this Act, is further amended by adding at the end the following new subsection: "(m) RETURN OF DEFENSE ARTICLES.— "(1) IN GENERAL. —The President may accept the return of a defense article from a foreign country or international organization if such defense article— "(A) previously was transferred to such country or organization under this Act; "(B) is not significant military equipment (as defined in section 47(9) of this Act); and "(C) is in fully functioning condition without need of repair or rehabilitation. "(2) LIMITATION. —The President may exercise the authority provided in paragraph (1) only to the extent that the Department of Defense— "(A)(i) has a requirement for the defense article being returned; and "(ii) has available sufficient funds authorized and appropriated for such purpose; or "(B)(i) is accepting the return of the defense article for subsequent transfer to another foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act; and "(ii) has available sufficient funds provided by or on behalf of such other foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act. "(3) CREDIT FOR TRANSACTION. —Upon acquisition and acceptguice by the United States Government of a defense article under paragraph (1), the appropriate Foreign Military Sales account of the provider shall be credited to reflect the transaction. " (4) RELATIONSHIP TO CERTAIN OTHER PROVISIONS OF LAW. — The authority of the President to accept the return of a defense article as provided in paragraph (1) shall not be subject to chapter 137 of title 10, United States Code, or any other provision of law relating to the conclusion of contracts.". (c) REGULATIONS. — Under the direction of the President, the 22 USC 2761 Secretary of Defense shall promulgate regulations to implement note, subsections (1) and (m) of section 21 of the Arms Export Control Act, as added by this section.
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