v. International Security Assistance and Arms Export Control Act of 1976

Partial text of Public Law 94-329 [H.R. 13680], 90 Stat. 729, approved June 30, 1976, as amended by Public Law 95-384 [International Security Assistance Act of 1978, S. 3075], 92 Stat. 730 at 735, 737, and 747, approved September 26, 1978; Public Law 96–533 [International Security and Development Cooperation Act of 1980, H.R. 6942], 94 Stat. 3131 at 3141, approved December 16, 1980; and by Public Law 97-113 [International Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1554 and 1560, approved December 29, 1981

NOTE.-Except for the provisions noted below, the International Security Assistance and Arms Export Control Act of 1976 consists of amendments to the FA Act of 1961, FA Act of 1973, the Foreign Military Sales Act, the Foreign Military Sales Act Amendments, 1971, and the Mutual Security Act of 1954.

AN ACT To amend the Foreign Assistance Act of 1961 and the Foreign Military Sales Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "International Security Assistance and Arms Export Control Act of 1976".

INTERNATIONAL MILITARY EDUCATION AND TRAINING

Sec. 106. (a)

(b)

1

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(c) 1 Except as may be expressly provided to the contrary in this Act, all determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law amended or repealed by this section shall continue in full force and effect until modified, revoked, or superseded by appropriate authority.

(d) 2 Funds made available pursuant to other provisions of law for foreign military educational and training activities shall remain available for obligation and expenditure for their original purposes in accordance with the provisions of law originally appli

cable to those purposes or in accordance with the provisions of law currently applicable to those purposes.

(b) Any reference to the Foreign Military Sales Act shall be deemed to be a reference to the Arms Export Control Act. Sec. 202. (a)

(b) 3

[Repealed-1978]

CONTROL OF LICENSES WITH RESPECT TO ARMS EXPORTS AND IMPORTS

Sec. 212. (a)

(b)(1) Section 414 of the Mutual Security Act of 1954 is repealed. Any reference to such section shall be deemed to be a reference to section 38 of the Arms Export Control Act and any reference to licenses issued under section 38 of the Arms Export Control Act 4 shall be deemed to include a reference to licenses issued under section 414 of the Mutual Security Act of 1954.

(2) All determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under section 414 of the Mutual Security Act of 1954 shall continue in full force and effect until modified, revoked, or superseded by appropriate authority.

REPORT ON SALES OF EXCESS DEFENSE ARTICLES

Sec. 217.5 *

*

[Repealed-1978]

STUDY OF THE EFFECTS OF ARMS EXPORT CONTROL PROVISIONS Sec. 218.5

5 *

*

[Repealed-1978]

LIMITATION ON CERTAIN ASSISTANCE TO AND ACTIVITIES IN ANGOLA Sec. 404.6*

**[Repealed-1980]

SOVIET INTERVENTION IN ANGOLA

Sec. 405. The Congress views the large-scale and continuing Soviet intervention in Angola, including active sponsorship and support of Cuban armed forces in Angola, as being completely inconsistent with any reasonably defined policy of détente, as well as

3 Sec. 202. (b), which had required a study by the President regarding U.S. arms sales policies and practices, was repealed by sec. 29(c)(1)(A) of the International Security Assistance Act of 1978 (Public Law 95-384, 92 Stat. 747).

4 For text, see page 298.

5 Secs. 217 and 218 were repealed by sec. 29(c)(1) of the International Security Assistance Act of 1978 (Public Law 95-384, 92 Stat. 747).

6 Sec. 404 was repealed by sec. 118(e) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533, 94 Stat. 3141).

with Articles 1 and 2 of the United Nations Charter, the principle of noninterference in the affairs of other countries agreed to at Helsinki in 1975, and with the spirit of recent bilateral agreements between the United States and the Union of Soviet Socialist Republics. Such intervention should be taken explicitly into account in United States foreign policy planning and negotiations.

LIMITATIONS ON ECONOMIC ASSISTANCE, MILITARY ASSISTANCE, SALES, AND SALES CREDITS FOR CHILE

CONTROL OF MILITARY FORCES IN THE INDIAN OCEAN

Sec. 407.8 It is the sense of Congress that the President should undertake to enter into negotiations with the Soviet Union intended to achieve an agreement limiting the deployment of naval, air, and land forces of the Soviet Union and the United States in the Indian Ocean and littoral countries. Such negotiations should be convened as soon as possible and should consider, among other things, limitations with respect to

(1) the establishment or use of facilities for naval, air, or land forces in the Indian Ocean and littoral countries;

(2) the number of naval vessels which may be deployed in the Indian Ocean, or the number of "shipdays" allowed therein; and

(3) the type and number of military forces and facilities allowed therein.

UNITED STATES CITIZENS IMPRISONED IN MEXICO

Sec. 408.10 (a) The Congress, while sharing the concern of the President over the urgent need for international cooperation to restrict traffic in dangerous drugs, is convinced that such efforts must be consistent with respect for fundamental human rights. The Congress, therefore, calls upon the President to take steps to insure that United States efforts to secure stringent international law enforcement measures are combined with efforts to secure fair and humane treatment for citizens of all countries.

(b) The Congress requests that the President communicate directly to the President and Government of the Republic of Mexico, a nation with which we have friendly and cooperative relations, the continuing desire of the United States for such relations between

7 Sec. 406, which had prohibited military assistance, sales, the issuance of export licenses under the Arms Export Control Act, Economic Support Fund aid, and peacekeeping programs for Chile and had placed conditions and limitations on economic assistance for Chile during the transition quarter and fiscal year 1977, was repealed by sec. 726(a) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1554). While sec. 726 lifted this prohibition, it also imposed certain conditions and restrictions on future U.S. aid to Chile. For text of sec. 726, see page 416.

822 U.S.C. 2151 note.

Subsec. (b), which had required a report from the President concerning the steps he had taken to carry out the provisions of section 407, was repealed by sec. 29(c)(1)(D) of the International Security Assistance Act of 1978 (Public Law 95-384, 92 Stat. 747).

10 22 U.S.C. 2291 note.

our two countries and the concern of the United States over treatment of United States citizens arrested in Mexico. (2) 11 *

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[Repealed-1978]

EMERGENCY FOOD NEEDS OF PORTUGAL

Sec. 409.12 It is the sense of the Congress that the President should undertake immediately an evaluation of the emergency food needs of Portugal. It is further the sense of the Congress that the President should take timely action to alleviate such emergency by providing Portugal with food commodities under the provisions of pertinent statutes.

STRIFE IN LEBANON

Sec. 410.13 It is the sense of the Congress that the situation in Lebanon, a nation traditionally friendly to the United States, poses a danger to peace in the Middle East. The Congress deplores the armed civil strife and continuing erosion of national institutions which threaten to destroy the political and economic fabric of Lebanon with such tragic impact on all its people. The Congress views with grave concern any outside efforts to exploit the current strife with the purpose of transforming Lebanon into a radical state in confrontation with Israel. The Congress requests that the President use his good offices to secure an end to the civil strife and national discord in Lebanon and to preserve the traditional friendly attitude of Lebanon toward the United States.

KOREA

Sec. 412.14 The Congress views with distress the erosion of important civil liberties in the Republic of Korea and requests that the President communicate this concern in forceful terms to the Government of the Republic of Korea within sixty days after enactment.

REPEAL OF INDOCHINA ASSISTANCE

Sec. 413. (a) Part V of the Foreign Assistance Act of 1961 and sections 34, 35, 36, 37, 38, 39, and 40 of the Foreign Assistance Act of 1974 are repealed. All determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law repealed by this section shall continue in full force and effect until modified, revoked, or superseded by appropriate authority.

(b) Subject to the availability of appropriations therefore, the President is authorized to adopt as a contract of the United States Government, and assume any liabilities arising thereunder (in

11 Paragraph (2), which had required periodic reports from the Secretary of State concerning progress toward full respect for human and legal rights of U.S. citizens detained in Mexico, was repealed by sec. 29(b) of the International Security Assistance Act of 1978 (Public Law 95–384, 92 Stat. 747).

12 22 U.S.C. 2293 note.

13 22 U.S.C. 2441 note.

14 22 U.S.C. 2428 note.

whole or in part), any contract which had been funded or approved for funding by the Agency for International Development prior to June 30, 1975, for financing with funds made available under the Foreign Assistance Act of 1961 or the Foreign Assistance Act of 1974, or any equitable claim based upon a letter of intent issued prior to April 30, 1975, in which the Agency had expressed its intention to finance a transaction subject to the availability of funds, between the former Governments of Vietnam or Cambodia (including any of their agencies) or the Government of Laos (or any of its agencies) and any person and to apply with respect to any such contract the authorities of the Foreign Assistance Act of 1961.

(c) Funds made available for the purposes of part V of the Foreign Assistance Act of 1961 and of section 36 of the Foreign Assistance Act of 1974 (including amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C. 200), as having been obligated against appropriations heretofore made) are authorized to be appropriated, and thereafter, to remain available until expended, to meet necessary expenses arising from the actions authorized by subsection (b) of this section and such funds are authorized to remain available until expended to meet necessary expenses arising from the termination of assistance programs authorized by such part and such section 36, which expenses may include but need not be limited to the settlement of claims and associated personnel costs

INTERIM QUARTER AUTHORIZATIONS

Sec. 506.15 (a) Any authorization of appropriations in this Act, or in any amendment to any other law made by this Act, for the fiscal year 1976, shall be deemed to include an additional authorization of appropriations for the period beginning July 1, 1976, and ending September 30, 1976, in amounts which equal one-fourth of any amount authorized for the fiscal year 1976 and in accordance with the authorities applicable to operations and activities authorized under this Act or such other law, unless appropriations for the same purpose are specifically authorized in a law hereinafter enacted.

(b) The aggregate total of credits, including participations in credits, extended pursuant to the Arms Export Control Act and of the principal amount of loans guaranteed pursuant to section 24(a) of such Act during the period beginning July 1, 1976, and ending September 30, 1976, may not exceed an amount equal to one-fourth of the amount authorized by section 31(b) of such Act to be extended and guaranteed for the fiscal year 1976.

BASE AGREEMENTS WITH SPAIN, GREECE, AND TURKEY
[Repealed-1981]

Sec. 507.16 *

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15 22 U.S.C. 2162 note.

16 Sec. 507, which had authorized the appropriation of "such sums as may be necessary for the fiscal year 1977" to carry out base agreements with Spain, Greece, and Turkey, was repealed by sec. 734(a)(14) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1560).