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Sec. 515.715 Overseas Management of Assistance and Sales Programs. (a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms Export Control Act, the President may assign members of the Armed Forces of the United States to a foreign country to perform one or more of the following functions:

(1) equipment and services case management;

(2) training management;

(3) program monitoring;

(4) evaluation and planning of the host government's military capabilities and requirements;

(5) administrative support;

(6) promoting rationalization, standardization, interoperability, and other defense cooperation measures; 716 and

(7) liaison functions exclusive of advisory and training assist

ance.

(b) Advisory and training assistance conducted by military personnel assigned under this section shall be kept to an absolute minimum. It is the sense of the Congress that advising and training assistance in countries to which military personnel are assigned under this section shall be provided primarily by other personnel who are not assigned under this section and who are detailed for limited periods to perform specific tasks.

(c)(1) The number of members of the Armed Forces assigned to a foreign country under this section may not exceed six unless specifically authorized by the Congress. The President may waive this limitation if he determines and reports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs 692 of the House of Representatives, 30 days prior to the introduction of the additional military personnel, that United States national interests require that more than six members of the Armed Forces be assigned under this section to carry out international security assistance programs in a country not specified in this paragraph. Pakistan, Tunisia, El Salvador, Honduras, Colombia,717 Indonesia, the Republic of Korea, the Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and Turkey are authorized to have military personnel strengths larger than six under this section to carry out international security assistance programs.

(2) The total number of members of the Armed Forces assigned under this section to a foreign country in a fiscal year may not exceed the number justified to the Congress for that country in the congressional presentation materials for that fiscal year, unless the

22 US.C. 2821: Sec. 515, as amended by sec 16 of FA Act of 1974, sec. 104 of Public Law 94–329. sec. 7e of Public Law 95-92, sec. 9 of Public Law 95-424. sec. 7 of Public Law 9592 and sec. 114 of Public Law 96-533, was comprehensively amended and restated by sec. 112 of the International Security and Development Cooperation Act of 1981 Public Law 97-113; 95 Stat 1527

Tf Sec 145 of Pubbc Law 104–164 110 Stat 1434: strack out "among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Austraha, and New Zealand after measures

Sec. 225 of the International Security and Development Cooperation Act of 1985 Public Law 95-83. 99 Stat 205 struck out "For the fiscal year 1982 and the fiscal year 1983" and inserted in bet there "Pakistan, Tunisia E. Salvador, Honduras

Sec. 4335 & of Pabac Law 106-690-102 Stat. 4275) added. "Colombia" after “Honduras".

Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs 692 of the House of Representatives are notified 30 days in advance of the introduction of the additional military personnel.

(d) Effective October 1, 1989,718 the entire costs (excluding 719 salaries of the United States military personnel other than the Coast Guard) 719 of overseas management of international security assistance programs under this section shall be charged to or reimbursed from funds made available to carry out this chapter or the Arms Export Control Act,720 other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act.

(e) Members of the Armed Forces assigned to a foreign country under this section shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission to that country.

(f) The President shall continue to instruct United States diplomatic and military personnel in the United States missions abroad that they should not encourage, promote, or influence the purchase by any foreign country of United States-made military equipment, unless they are specifically instructed to do so by an appropriate official of the executive branch.

Sec. 516.721 AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.

(a) AUTHORIZATION.-The President is authorized to transfer excess defense articles under this section to countries for which re

718 Section 9104(a) of the Department of Defense Appropriations Act, 1990 (Public Law 101165; 103 Stat. 1152) struck out "1982" and inserted in lieu thereof "1989".

719 Section 9104 of the Department of Defense Appropriations Act, 1990 (Public Law 101-165; 103 Stat. 1152) struck out "including" and inserted in lieu thereof "excluding". Sec. 556(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1675), restated parentheses to make provision for the Coast Guard.

720 Title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1213), added reference to the Arms Export Control Act at this point.

721 22 U.S.C. 2321j. Sec. 104(a) of Public Law 104-164 (110 Stat. 1424) amended and restated sec. 516.

The earlier form of sec. 516, relating to the modernization of defense capabilities of countries of NATO's southern flank, was added by sec. 1101 of Public Law 99-661 (100 Stat. 3960). Prior to that, sec. 516, added by sec. 105 of Public Law 94-329 and amended by sec. 7(b) of Public Law 95-384, sec. 5(c) of Public Law 96-92, and sec. 112(d) of Public Law 96-533, was repealed by sec. 110(d) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526). Sec. 516 had required the termination of authorities contained in this chapter (except for authorities in secs. 506, 514, and 515) as of September 30, 1982, except to the extent Congress might authorize military assistance in specified amounts for specified countries.

The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117 Stat. 2146), provided the following:

"NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

"SEC. 524. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as are other committees pursuant to subsection (f) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Pro

Continued

ceipt of such articles was justified pursuant to the annual congressional presentation documents for military assistance programs, or for programs under chapter 8 of part I of this Act, submitted under section 634 of this Act, or for which receipt of such articles was separately justified to the Congress, for the fiscal year in which the transfer is authorized.

(b) LIMITATIONS ON TRANSFERS. (1) The President may transfer excess defense articles under this section only if

(A) such articles are drawn from existing stocks of the Department of Defense;

(B) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer;

(C) the transfer of such articles will not have an adverse impact on the military readiness of the United States;

(D) with respect to a proposed transfer of such articles on a grant basis, such a transfer is preferable to a transfer on a sales basis, after taking into account the potential proceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis;

(E) the President determines that the transfer of such articles will not have an adverse impact on the national technology and industrial base and, particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred; and

(F) the transfer of such articles is consistent with the policy framework for the Eastern Mediterranean established under section 620C of this Act.

(2) Accordingly, for the four-year period beginning on October 1, 1996, and thereafter for the four-year period beginning on October 1, 2000,722 the President shall ensure that excess defense articles offered to Greece and Turkey under this section will be made available consistent with the manner in which the President made available such excess defense articles during the four-year period that began on October 1, 1992, pursuant to section_573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990.723

vided further, That such Committees shall also be informed of the original acquisition cost of such defense articles.".

722 Sec. 1211(b) of the Security Assistance Act of 1999 (title XII of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), inserted "and thereafter for the four-year period beginning on October 1, 2000," after "October 1, 1996,". 723 Sec. 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; (103 Stat. 1246), read as follows:

"(e) MAINTENANCE OF MILITARY BALANCE IN EASTERN MEDITERRANEAN.

“(1) UNITED STATES POLICY.-The Congress intends that excess defense articles be made available under this section consistent with the United States policy, established by section 841 of the International Cooperation Act of 1989, of maintaining the military balance in the Eastern Mediterranean.

“(2) MAINTENANCE OF BALANCE.-Accordingly, the President shall ensure that, over the three-year period beginning on October 1, 1989, the ratio of

to

"(A) the value of excess defense articles made available for Turkey under this section,

"(B) the value of excess defense articles made available for Greece under this section, closely approximates the ratio of

"(i) the amount of foreign military financing provided for Turkey, to

(c) TERMS OF TRANSFERS.

(1) NO COST TO RECIPIENT COUNTRY.-Excess defense articles may be transferred under this section without cost to the recipient country.

(2) PRIORITY. Notwithstanding any other provision of law, the delivery of excess defense articles under this section to member countries of the North Atlantic Treaty Organization (NATO) on the southern and southeastern flank of NATO, to major non-NATO allies on such southern and southeastern flank, and to the Philippines 724 shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to other countries.

(d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DEPARTMENT OF DEFENSE EXPENSES.-Section 632(d) shall not apply with respect to transfers of excess defense articles (including transportation and related costs) under this section.

(e) 725 TRANSPORTATION AND RELATED COSTS.

(1) IN GENERAL.-Except as provided in paragraph (2), funds available to the Department of Defense may not be expended

"(ii) the amount of foreign military financing provided for Greece.

“(3) EXCEPTION TO REQUIREMENT.-This subsection shall not apply if either Greece or Turkey ceases to be eligible to receive excess defense articles under subsection (a).".

724 Sec. 1234 of the Security Assistance Act of 2002 (division B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1433), struck out "and to major non-NATO allies on such southern and southeastern flank” and inserted in lieu thereof ", to major non-NATO allies on such southern and southeastern flank, and to the Philippines".

725 Sec. 1231 of the Security Assistance Act of 2002 (division B of Public Law 107-228; 116 Stat. 1432) provided the following:

"SEC. 1231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES.

"(a) AUTHORITY.-Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the fiscal year 2003 funds available to the Department of Defense may be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 516 of such Act to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.

"(b) SENSE OF CONGRESS.-It is the sense of Congress that the authority provided under this section should be utilized only for those countries demonstrating a genuine commitment to democracy and human rights.".

See also sec. 1701 of that Act (116 Stat. 1463), authorizing the transfer of naval vessels to certain countries.

Sec. 105 of Public Law 104-164 (110 Stat. 1427), as amended, provided the following: "SEC. 105. EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN COUNTRIES. "Notwithstanding section 516(e) of the Foreign Assistance Act of 1961, as added by this Act, during each of the fiscal years 2002 and 2003, funds available to the Department of Defense may be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 516 of such Act to countries that are eligible to participate in the Partnership for Peace and that are eligible for assistance under the Support for East European Democracy (SEED) Act of 1989.".

Sec. 589 of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2174), provided the following: "EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES

"SEC. 589. Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during each of the fiscal years 2002 and 2003, funds available to the Department of Defense may be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 516 of such Act to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: Provided, That section 105 of Public Law 104-164 is amended by striking '2000 and 2001' and inserting '2002 and 2003'.".

See also sec. 707 of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 862), relating to excess defense articles for Mongolia, and sec. 1212(a) of the Security Assistance Act of 1999 (title XII of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), relating to Estonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Slovakia, Ukraine, and Uzbekistan, in Legislation on Foreign Relations Through 2002, vol. I-B.

for crating, packing, handling, and transportation of excess defense articles transferred under the authority of this section.

(2) EXCEPTION.-The President may provide for the transportation of excess defense articles without charge to a country for the costs of such transportation if—

(A) it is determined that it is in the national interest of the United States to do so;

(B) the recipient is a developing country receiving less than $10,000,000 of assistance under chapter 5 of this part of this Act (relating to international military education and training) or section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing program) in the fiscal year in which the transportation is provided;

(C) the total weight of the transfer does not exceed 50,000 726 pounds; and

(D) such transportation is accomplished on a space available basis.

(f) 725, 727 ADVANCE NOTIFICATION TO CONGRESS FOR TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.

(1) IN GENERAL.-The President may not transfer excess defense articles that are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or excess defense articles valued (in terms of original acquisition cost) at $7,000,000 or more, under this section or under the Arms Export Control Act (22 U.S.C. 2751 et seq.) until 30 days after the date on which the President has provided notice of the proposed transfer to the congressional committees specified in section 634A(a) in accordance with procedures applicable to reprogramming notifications under that section.

(2) CONTENTS.-Such notification shall include

(A) a statement outlining the purposes for which the article is being provided to the country, including whether such article has been previously provided to such country; (B) an assessment of the impact of the transfer on the military readiness of the United States;

(C) an assessment of the impact of the transfer on the national technology and industrial base and, particularly, the impact on opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are to be transferred; and

(D) a statement describing the current value of such article and the value of such article at acquisition.

726 Sec. 122 of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 851) struck out "25,000" and inserted in lieu thereof “50,000".

727 Sec. 1212(b) of the Security Assistance Act of 1999 (title XII of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), provided the following:

"(b) CONTENT OF CONGRESSIONAL NOTIFICATION.-Each notification required to be submitted under section 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of a defense article described in subsection (a) shall include an estimate of the amount of funds to be expended under subsection (a) with respect to that transfer.".

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