policies or practices are based upon race, religion, national ori- (iii) whether, in the opinion of the President, notwithstanding any such policies or practices— (I) extraordinary circumstances exist which necessitate a continuation of such assistance or education and training transaction, and, if so, a description of such circumstances and the extent to which such assistance or education and training transaction should be continued (subject to such conditions as Congress may impose under this section), and (II) on all the facts it is in the national interest of the United States to continue such assistance or education and training transaction; and (iv) such other information as such committee may request. (B) In the event a statement with respect to an assistance or training transaction is requested pursuant to subparagraph (A) of this paragraph but is not transmitted in accordance therewith within 60 days after receipt of such request, such assistance or training transaction shall be suspended unless and until such statement is transmitted. (C)(i) In the event a statement with respect to an assistance or training transaction is transmitted under subparagraph (A) of this paragraph, the Congress may at any time thereafter adopt a joint resolution terminating or restricting such assistance or training transaction. (ii) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (iii) The term "certification", as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under subparagraph (A) of this paragraph. Sec. 506.665 Special Authority. (a)(1) 666 If the President determines and reports to the Congress in accordance with section 652 of this Act that 665 22 U.S.C. 2318. Former sec. 510 was redesignated sec. 506 by sec. 201(j)(1) of the FA Act of 1967. Sec. 506, as amended by sec. 102 of Public Law 94-329, was further amended and restated by sec. 5(b) of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 702). 666 Sec. 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1236), inserted the designation "(1)" here, redesignated "(1)” and “(2)” as “(A)” and “(B)", and inserted a new “(2)(A)” and “(B)”. Pursuant to sec. 506(a)(1), on July 21, 2000, the President determined that "(1) an unforeseen emergency exists that requires immediate military assistance to UNAMSIL [United Nations Mission in Sierra Leone], countries currently or in the future participating in UNAMSIL, and other countries involved in peacekeeping efforts or affiliated coalition operations with respect to Sierra Leone, including the Government of Sierra Leone, and "the emergency requirement cannot be met under the authority of the Arms Export Control Act or any other law except section 506(a)(1) of the Act. "I therefore direct the drawdown of defense articles from the stocks of the Department of Defense, defense services from the Department of Defense, and military education and training of an aggregate value not to exceed $18 million to UNAMSIL and such countries to support peacekeeping efforts with respect to Sierra Leone.” (Presidential Determination No. 2000-27; 65 F.R. 47827). Continued (A) 666 an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and (B) 666 the emergency requirement cannot be met under the authority of the Arms Export Control Act or any other law except this section; he may direct, for the purposes of this part, the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $100,000,000 in any fiscal year.667 (2) 668 (A) 666 If the President determines and reports to the Congress in accordance with section 652 of this Act that it is in the national interest of the United States to draw down articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training-669 (i) for the purposes and under the authorities of— (I) chapter 8 of part I (relating to international narcotics control assistance); (II) chapter 9 of part I (relating to international disaster assistance); 670 (III) chapter 8 of part II (relating to antiterrorism assistance); (IV) chapter 9 of part II (relating to nonproliferation assistance); or (V) the Migration and Refugee Assistance Act of 1962; or A similar determination was issued for UNAMSIL in Presidential Determination No. 200104 of December 11, 2000 (65 F.R. 78895), to make not to exceed $36 million available. Pursuant to title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000, on September 29, 2000, the President directed "the drawdown of defense articles from the stocks of the Department of Defense, and military education and training of the aggregate value of $4 million for Tunisia, consistent with the authority provided under title III, for purposes of part II of the Foreign Assistance Act of 1961." (Presidential Determination No. 2000-13, September 29, 2000, 65 F.R. 59699). 667 The aggregate value of this special authority was increased from $10 million to $50 million by sec. 112(d) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3139). It was subsequently increased from $50 million to $75 million by sec. 110(b) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526), and to $100 million from $75 million by sec. 103(a) of Public Law 104164 (110 Stat. 1423). 668 Title III of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2135), provided the following: "FOREIGN MILITARY FINANCING PROGRAM **** Provided further, That of the funds appropriated by this paragraph, not less than $3,500,000 should be made available for assistance for Tunisia: Provided further, That during fiscal year 2002, the President is authorized to, and shall, direct the drawdowns of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training of an aggregate value of not less than $5,000,000 under the authority of this proviso for Tunisia for the purposes of part II of the Foreign Assistance Act of 1961:". 669 Sec. 103(b) of Public Law 104-164 (110 Stat. 1423) amended and restated the latter part of subpara. (A). 670 Sec. 121(b) of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 850) struck out "or" at the end of subclause (II), struck out subclause (III), which had referred to the Migration and Refugee Assistance Act of 1962 (restated in new subclause (V)), and added new subclauses (III), (IV), and (V). (ii) for the purpose of providing such articles, services, and military education and training to Vietnam, Cambodia, and Laos as the President determines are necessary (I) to support cooperative efforts to locate and repatriate members of the United States Armed Forces and civilians employed directly or indirectly by the United States Government who remain unaccounted for from the Vietnam War; and (II) to ensure the safety of United States Government personnel engaged in such cooperative efforts and to support Department of Defense-sponsored humanitarian projects associated with such efforts. (B) An aggregate value of not to exceed 671 $200,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph (i) not more than $75,000,000 of which may be provided from the drawdown from the inventory and resources of the Department of Defense; (ii) not more than $75,000,000 of which may be provided pursuant to clause (i)(I) of such subparagraph; and (iii) not more than $15,000,000 of which may be provided to Vietnam, Cambodia, and Laos pursuant to clause (ii) of such subparagraph. (b)(1) The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs 663 of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appropriations of each House of Congress. In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming notifications under section 634A.672 (2) The President shall keep the Congress fully and currently informed of all defense articles, defense services, and military education and training provided under this section, including providing the Congress with a report detailing all defense articles, defense services, and military education and training delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets.673 671 Sec. 103(b)(2) of Public Law 104-164 (110 Stat. 1424) struck out "$75,000,000 in any fiscal year of defense articles, defense services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph." and inserted in lieu thereof text from this point to the end of subpara. (B). Sec. 121(a) of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 850) subsequently struck out "$150,000,000" and inserted in lieu thereof "$200,000,000". 672 Sec. 103(b)(3) of Public Law 104-164 (110 Stat. 1424) added this sentence. 673 Sec. 576(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2433), added “, including providing the Congress with a report detailing all defense articles, defense services, and military education and training Continued (c) 674 For the purposes of any provision of law that authorizes the drawdown of defense or other articles or commodities, or de delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets.". 674 Sec. 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2433), redesignated subsec. (c) as subsec. (d), and added a new subsec. (c). Title III of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2135), provided the following: "FOREIGN MILITARY FINANCING PROGRAM "For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $3,650,000,000: Provided, That of the funds appropriated under this heading, not less than $2,040,000,000 shall be available for grants only for Israel, and not less than $1,300,000,000 shall be made available for grants only for Egypt: Provided further, That the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act or by October 31, 2001, whichever is later: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by Israel and the United States, be available for advanced weapons systems, of which not less than $535,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That of the funds appropriated by this paragraph, not less than $75,000,000 shall be made available for assistance for Jordan: Provided further, That of the funds appropriated by this paragraph, not less than $3,500,000 should be made available for assistance for Tunisia: Provided further, That during fiscal year 2002, the President is authorized to, and shall, direct the drawdowns of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training of an aggregate value of not less than $5,000,000 under the authority of this proviso for Tunisia for the purposes of part II of the Foreign Assistance Act of 1961: Provided further, That of the funds appropriated by this paragraph and under the heading 'International Narcotics Control and Law Enforcement', not less than $2,300,000 shall be made available for assistance for Thailand, of which not less than $1,000,000 shall be made available from funds appropriated under the heading 'International Narcotics Control and Law Enforcement' and which shall be in addition to other funds available for such purposes: Provided further, That of the funds appropriated by this paragraph, not less than $4,000,000 shall be made available for assistance for Armenia: Provided further, That funds appropriated by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a). "None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 515 of this Act: Provided further, That none of the funds appropriated under this heading shall be available for assistance for Sudan and Liberia: Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That none of the funds appropriated under this heading shall be available for assistance for Guatemala: Provided further, That only those countries for which assistance was justified for the 'Foreign Military Sales Financing Program' in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $35,000,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales: Provided further, That not more than $348,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2002 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt during fiscal year 2002 shall be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New York within 30 days of enactment of this Act or by October 31, 2001, whichever is later: Provided further, That the ninth proviso under the heading 'Foreign Military Financing Program' in title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001, as enacted by Public Law 106-429, is amended by inserting or 2002' after '2001'.". fense or other services from an agency of the United States Government, such drawdown may include the supply of commercial transportation and related services that are acquired by contract for the purposes of the drawdown in question if the cost to acquire such commercial transportation and related services is less than the cost to the United States Government of providing such services from existing agency assets. (d) 674 There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section. Sec. 507.675 Restrictions on Military Aid to Latin America. *** [Repealed-1973] Sec. 508.675 Restrictions on Military Aid to Africa. * * [Repealed-1973] Sec. 509.675 Certification of Recipient's Capability. * [Repealed-1973] Sec. 510.676 Restrictions on Training Foreign Military Students. *** [Repealed-1976] Sec. 511.677 Considerations in Furnishing Military Assistance. Decisions to furnish military assistance made under this part shall take into account 678 whether such assistance will— (1) contribute to an arms race; (2) increase the possibility of outbreak or escalation of conflict; or (3) prejudice the development of bilateral or multilateral arms control arrangements. Sec. 512.679 Military Assistance Advisory Groups and Missions. *** [Repealed-1973] Sec. 513.680 Military Assistance Authorizations for Thailand and Laos, and South Vietnam. *** [Repealed-1981] Sec. 514.681 Stockpiling of Defense Articles for Foreign Countries. (a) No defense article in the inventory of the Depart 675 Sec. 12(b)(5) of the FA Act of 1973 repealed secs. 507, 508, and 509. 676 Sec. 510 was repealed by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733). 677 22 U.S.C. 2321d. Sec. 511 was added by sec. 201(f) of the FA Act of 1971. 678 Sec. 1225(b) of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 2681) struck out "be made in coordination with the Director of the United States Arms Control and Disarmament Agency and shall take into account his opinion as to" and inserted in lieu thereof "take into account". Previously, sec. 150(c) of the Foreign Relations Authorization Act, Fiscal Year 1976 (Public Law 94-141) struck out the words "take into account" and inserted in lieu thereof "be made in coordination with the Director of the United States Arms Control and Disarmament Agency and shall take into account his opinion as to". 679 Sec. 12(5) of the FA Act of 1973 repealed sec. 512. 680 Sec. 513, as added by sec. 20(f) of the FA Act of 1971 and amended by sec. 12(6)(B) of the FA Act of 1973, and sec. 12 of the FA Act of 1974, was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). Sec. 513 had prohibited military assistance for Thailand (after June 30, 1972), Laos (after June 30, 1974), and South Vietnam (after June 30, 1976) unless the assistance had been authorized under this Act or the Foreign Military Sales Act (now the Arms Export Control Act). 68122 U.S.C. 2321h. The original sec. 514, which concerned special foreign country accounts, was added by sec. 201(f) of Public Law 92-226 (86 Stat. 26). This section was repealed by sec. 12(b) of Public Law 93-189 (87 Stat. 722). This new sec. 514, as added by sec. 15 of Public Law 93-559 (88 Stat. 1799), was amended by sec. 103 of the International Security Assistance and Arms Export Control Act of 1976. It formerly read: "(a) Notwithstanding any other provision of law, no funds, other than funds made available under this chapter or section 401(a) of Public Law 89-367 (80 Stat. 37), or any subsequent corresponding legislation, may be obligated for the purpose of stockpiling any defense article or war Continued |