123STA T . 2 5 32 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.1234 . AUTHORI T Y TO TRA N S F ER D EFENSE ARTIC L ES AND P RO -V IDE DEFENSE SERVICES TO THE M ILITARY AND SECU- RITY FORCES OF IRA Q AND AF G HANISTAN. (a)AUTHORI T Y.—TheS e cr e t ar yofD efe ns e ,wi th the conc u rrence of the Secretary of State, is authori z e d to transfer defense artic l es fro m the stoc k softheDe p artment of Defense, without reim b urse - ment from the G o v ernment of I ra q or the Government of Af g hani- stan, and to provide defense services in connection with the transfer of such defense articles, to— ( 1 ) the military and security forces of Iraq to support the efforts of those forces to restore and maintain peace and secu- rity in that country
and ( 2 ) the military and security forces of Afghanistan to sup- port the efforts of those forces to restore and maintain peace and security in that country. (b) L I M IT A TIO NS .— (1) V A L U E .—The aggregate replacement value of all defense articles transferred and defense services provided under sub- section (a) may not e x ceed $750 ,000,000. (2) SOUR C EO F TRANSFERRE D DEFENSE ARTICLES.—The authority under subsection (a) may only be used for defense articles that— (A)(i) were present in Iraq as of the date of the enact- ment of this Act; (ii) immediately before the transfer were in use to support operations in Iraq; and (iii) are no longer required by U nited States forces in Iraq; or ( B )(i) were present in K uwait as of the date of enact- ment of this Act; (ii) prior to being transferred to Kuwait were in use to support operations in Iraq; and (iii) are no longer required by United States forces in Iraq or Kuwait (as the case may be). (c) A P PLICA B LE LA W .—Any defense articles transferred or defense services provided to Iraq or Afghanistan under the authority of subsection (a) shall be sub j ect to the authorities and limitations applicable to excess defense articles under section 51 6 of the F oreign Assistance Act of 1 9 61 (22 U.S. C .2 3 21j), other than the authorities and limitations contained in subsections (b)(1)(B), (e), (f), and (g) of such section. (d) R EPORT.— (1) IN G ENERAL.—The Secretary of Defense may not exercise the authority under subsection (a) until 30 days after the Secretary of Defense, with the concurrence of the Secretary of State, provides the appropriate congressional committees a report on the plan for the disposition of equipment and other property of the Department of Defense in Iraq or Kuwait (as the case may be). (2) E LEMENTS OF REPORT.—The report required under para- graph (1) shall include the following elements
(A) An assessment of— (i) the types and quantities of defense articles required by the military and security forces of Iraq to support the efforts of those military and security forces to restore and maintain peace and security in Iraq; and Timep e r i od.
