123STA T . 2 5 3 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(A)adescript i on o f t h ea m o u ntandt y pe of each defense artic l eto b e transferred or defense ser v ices to be provided
( B ) a statement describin g the current value of such article and the estimated replacement value of such article; ( C ) a description of w hether the article is considered tobeane x cess 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 S ecretary of Defense that — (i) the defense articles to be transferred are re q uired by the military and security forces of I raq or the military and security forces of Afghanistan , as applicable, to build their capacity to restore and main- tain peace and security in their country; (ii) the government of the recipient country has agreed to accept and ta k e 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 U nited States . (f) QUARTE R LYR E PO RT.— ( 1 )I NG ENERAL.— N ot later than 90 days after the date of the report provided under subsection (d), and every 90 days thereafter during fiscal year 2 010, the Secretary of Defense shall report to the appropriate congressional committees on the implementation of the authority under subsection (a). T he 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) IN C LU SI ONINOT H ER REPORT.—The report required under paragraph (1) may be included in the report required under section 920 4 of the Supplemental Appropriations Act, 200 8 ( P ublic L aw 110 – 2 5 2; 122 Stat. 2410) or any follow on report to such other report. (g) DE F INITIONS.—In this section
(1) APPROPRIATE CONGRESSIONAL CO M MITTEES.—The term ‘ ‘appropriate congressional committees ’ ’ means— (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the H ouse of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Rela- tions of the Senate. (2) DEFENSE ARTICLES.—The term ‘‘defense articles’’ has the meaning given the term in section 6 44(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 240 3 (d)). Certif i ca ti on.D eter m ination.
