S.Amdt. 5510

SA 5510. Mr. BIDEN submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 342, between lines 10 and 11, insert the following:

SEC. 1208. AUTHORITY FOR USE OF FUNDS TO PROVIDE HELICOPTER SUPPORT FOR AFRICAN UNION/UNITED NATIONS PEACEKEEPING OPERATION IN DARFUR, SUDAN.

(a) Support Authorized.--Amounts authorized to be appropriated pursuant to this Act may be used, with the concurrence of the Secretary of State, to transfer, equip, upgrade, refurbish, or lease helicopters or other related equipment to the operations of the African Union/United Nations peacekeeping operation in Darfur, Sudan (UNAMID) established pursuant to United Nations Security Council Resolution 1769 (2007).

(b) Transfer Authority.--The President may utilize the authority provided under sections 506 or 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j) or section 61 of the Arms Export Control Act (22 U.S.C. 2796) in order to effect such transfer or lease, notwithstanding any other provision of law except for sections 502B(a)(2), 620A, and 620J of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(2), 2371, 2378d) and section 40A of the Arms Export Control Act (22 U.S.C. 2781).

(c) Draw Down Authority to Acquire Helicopters by Contract.--The exercise under this section of the authority under section 506 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318) includes--

(1) the authority to acquire helicopters by contract; and

(2) the authority to acquire by mutual agreement such equipment from the stocks of foreign countries.

(d) Limits on Authority.--

(1) Funding limitation.--Not more than $100,000,000 may be made available to carry out this section.

(2) Sunset.--The authorities under this section shall expire two years after the date of the enactment of this Act.