(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 734 $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 726 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 735

(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. 736

734 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".

735 Sec. 103(b)(3) of Public Law 104-164 (110 Stat. 1424) added this sentence.

736 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

(c) 737 For the purposes of any provision of law that authorizes the drawdown of defense or other articles or commodities, or defense or other services from an agency of the United States Government, such drawdown may include the supply of commercial trans

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.".

737 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 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108-447; 118 Stat. 2809), provided the following:

"FOREIGN MILITARY FINANCING PROGRAM

"(INCLUDING TRANSFER OF FUNDS)

"For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,783,500,000: Provided, That of the funds appropriated under this heading, not less than $2,220,000,000 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: 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 $580,000,000 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, $206,000,000 should be made available for assistance for Jordan: Provided further, That in addition to the funds appropriated under this heading, up to $150,000,000 for assistance for Pakistan may be derived by transfer from unobligated balances of funds appropriated under the headings Economic Support Fund' and Foreign Military Financing Program' in prior appropriations Acts and not otherwise designated in those Acts for a specific country, use, or purpose: Provided further, That of the funds appropriated under this heading, not more than $2,000,000 may be made available for assistance for Uganda and only for non-lethal military equipment if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uganda has made significant progress in: (1) the protection of human rights, especially preventing acts of torture; (2) the protection of civilians in northern and eastern Uganda; and (3) the professionalization of the Ugandan armed forces: Provided further, That funds appropriated or otherwise made available 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 Guatemala: Provided further, That none of the funds appropriated under this heading may be made available for assistance for Haiti except pursuant to the regular notification procedures of the Committees on Appropriations: 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 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 $40,000,000 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 $367,000,000 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 2005 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 2005 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.".

portation 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) 737 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. 507.738 Restrictions on Military Aid to Latin America. *** [Repealed-1973]

Sec. 508.738 Restrictions on Military Aid to Africa. * * [Repealed-1973]

*

Sec. 509.738 Certification of Recipient's Capability. * * * [Repealed-1973]

Sec. 510.739 Restrictions on Training Foreign Military Students. *** [Repealed-1976]

Sec. 511.740 Considerations in Furnishing Military Assistance. Decisions to furnish military assistance made under this part shall take into account 741 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. 512.742 Military Assistance Advisory Groups and Missions. *** [Repealed-1973]

Sec. 513.743 Military Assistance Authorizations for Thailand and Laos, and South Vietnam. * * * [Repealed-1981]

Sec. 514.744 Stockpiling of Defense Articles for Foreign Countries.-(a) No defense article in the inventory of the Depart

738 Sec. 12(b)(5) of the FA Act of 1973 (Public Law 93-189) repealed secs. 507, 508, and 509. 739 Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) repealed sec. 510.

740 22 U.S.C. 2321d. Sec. 201(f) of the FA Act of 1971 (Public Law 92-226) added sec. 511. 741 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".

742 Sec. 12(5) of the FA Act of 1973 (Public Law 93-189) repealed sec. 512.

743 Sec. 513, as added by sec. 20(f) of the FA Act of 1971 (Public Law 92-226) and amended by sec. 12(6)(B) of the FA Act of 1973 (Public Law 93-189) and sec. 12 of the FA Act of 1974 (Public Law 93-559), and 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).

744 22 U.S.C. 2321h. Sec. 201(f) of Public Law 92-226 (86 Stat. 26) added the original sec. 514, which concerned special foreign country accounts. Sec. 12(b) of Public Law 93-189 (87 Stat. 722) repealed the sec. 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 reserve material, including the acquisition, storage, or maintenance of any war reserve equipment, secondary items, or munitions, if such article or material is set aside, reserved, or in any way earmarked or intended for future use by any foreign country under this Act or such section.

ment of Defense which is set aside, reserved, or in any way earmarked or intended for future use by any foreign country may be made available to or for use by any foreign country unless such transfer is authorized under this Act or the Arms Export Control Act, or any subsequent corresponding legislation, and the value of such transfer is charged against funds authorized under such legislation or against the limitations specified in such legislation, as appropriate, for the fiscal period in which such defense article is transferred. For purposes of this subsection, "value" means the acquisition cost plus crating, packing, handling, and transportation costs incurred in carrying out this section.

(b)(1) The value of defense articles to be set aside, earmarked, reserved, or intended for use as war reserve stocks for allied or other foreign countries (other than for purposes of the North Atlantic Treaty Organization or in the implementation of agreements with Israel) 745 in stockpiles located in foreign countries may not exceed in any fiscal year an amount that 746 is specified in security assistance authorizing legislation for that fiscal year.

"(b) The cost of any such article or material set aside, reserved, or in any way earmarked or intended by the Department of Defense for future use by, for, or on behalf of the country referred to in section 401(a)(1) of Public Law 89-367 (80 Štat. 37) shall be charged against the limitation specified in such section or any subsequent corresponding legislation, for the fiscal year in which such article or material is set aside, reserved, or otherwise earmarked or intended; and the cost of any such article or material set aside, reserved or in any way earmarked or intended for future use by, for, or on behalf of any other foreign country shall be charged against funds authorized under this chapter or the fiscal year in which such article or material is set aside, reserved, or otherwise earmarked. No such article or material may be made available to or for use by any foreign country unless such article or material has been charged against the limitation specified in such section, or any subsequent corresponding legislation, or against funds authorized under this chapter, as appropriate.".

Sec. 1303(b) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101510, 104 Stat. 1669) struck out subsec. (e) to this section. Subsec. (e) formerly read as follows: "(e) The President shall promptly report to the Congress each new stockpile, or addition to an existing stockpile, described in this section of defense articles valued in excess of $10,000,000 in any fiscal year.".

Sec. 12001 of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) provided the following:

"SEC. 12001. (a)(1) Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 US.C. 2321h), the President may transfer to Israel, in exchange for concessions to be negotiated by the Secretary of Defense, with the concurrence of the Secretary of State, any or all of the items described in paragraph (2).

"(2) The items referred to in paragraph (1) are armor, artillery, automatic weapons ammunition, missiles, and other munitions that

"(A) are obsolete or surplus items;

"(B) are in the inventory of the Department of Defense;

"(C) are intended for use as reserve stocks for Israel; and

(D) as of the date of enactment of this Act, are located in a stockpile in Israel.

b) The value of concessions negotiated pursuant to subsection (a) shall be at least equal to the fair market value of the items transferred. The concessions may include cash compensation, services, waiver of charges otherwise payable by the United States, and other items of value. c) Not later than 30 days before making a transfer under the authority of this section, the President shall transmit a notification of the proposed transfer to the Committees on Foreign Relations and Armed Services of the Senate and the Committees on International Relations and Armed Services of the House of Representatives. The notification shall identify the items to be transferred and the concessions to be received.

d) No transfer may be made under the authority of this section more than 2 years after the date of the enactment of this Act.".

See also sec. 112 of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 850), in Legislation on Foreign Relations Through 2004, vol. I-B.

745 Sec. 531B(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 732), inserted "or in the implementation of agreements with Israel" after "North Atlantic Treaty Organization".

Sec. 587(b)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1253), struck out "greater than" and inserted in lieu thereof "that" at this point.

(2) 747 (A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $100,000,000 for each of fiscal years 2004 and 2005.

(B) 748 of the amount specified in subparagraph (A) for a fiscal year, not more than $100,000,000 may be made available for stockpiles in the State of Israel.

747 Sec. 12002(1) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) struck out "for fiscal year 2003" and inserted in lieu thereof "for each of fiscal years 2004 and 2005".

Previously, sec. 1261 of the Security Assistance Act of 2002 (division B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1434) amended and restated para. (2). The paragraph previously had provided not to exceed $50 million for fiscal year 2001.

Previously, sec. 102(c)(1) of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 845) amended and restated para. (2). The paragraph had provided not to exceed $60 million for fiscal year 2000 in subpara. (A), and not more than $40 million for stockpiles in the Republic of Korea and $20 million for stockpiles in Thailand in subpara. (B).

Previously, sec. 1231 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)), amended and restated subsec. (b)(2), effectively striking out "$340,000,000 for fiscal year 1999 and" after "shall not exceed".

Sec. 584(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106–113; 113 Stat. 1535), struck out "$50,000,000 for each of the fiscal years 1996 and 1997, $60,000,000 for fiscal year 1998, and" after "shall not exceed" and inserted at the end of the sentence "and $60,000,000 for fiscal year 2000".

66

Previously, sec. 571(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (sec. 101(d) of Public Law 105-277; 112 Stat. 2681), struck out "and" after "1997", inserted in lieu thereof a comma, and added and $340,000,000 for fiscal year 1999" at the end of the sentence. Sec. 572(b) of that Act added at the end of subpara. (B) the following: "Of the amount specified in subparagraph (A) for fiscal year 1999, not more than $320,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand.”.

Previously, sec. 575(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2433), added "and $60,000,000 for fiscal year 1998" at the end of para. (2); and sec. 575(b) of that Act added the fiscal year 1998 stockpile limits for Korea and Thailand in subpara. (B).

Previously, sec. 531B(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 732), amended and restated subsec. (b)(2) generally.

Previously, sec. 535 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1637), provided "a total of $200,000,000 for stockpiles in Israel for fiscal years 1994 and 1995, up to $40,000,000 may be made available for stockpiles in the Republic of Korea, and up to $10,000,000 may be made available for stockpiles in Thailand for fiscal year 1995".

Previously, sec. 535 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103-87; 107 Stat. 955), decreased the stockpile for Israel to $200,000,000, and made available up to $72,000,000 for stockpiles in Korea, and up to $20,000,000 for stockpiles in Thailand.

Previously, sec. 569 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1681), increased the stockpile limit, included allocations for Israel, and added text pertaining to stockpile allocations for the Republic of Korea.

Previous to that, sec. 573(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2042), increased the stockpile limit and added text pertaining to allocations for Israel.

Figures for stockpile limits for recent years include the following: fiscal year 1976$96,750,000; fiscal year 1977-$125,000,000; fiscal year 1978-$270,000,000; fiscal year 1979$90,000,000; fiscal year 1980-$95,000,000; fiscal year 1981-$85,000,000; fiscal year 1982$130,000,000; fiscal year 1983-$125,000,000; fiscal year 1984-$125,000,000; fiscal year 1985$248,000,000; fiscal year 1986-$360,000,000; fiscal year 1987-$125,000,000; fiscal year 1988$116,000,000; fiscal year 1989-$77,000,000; fiscal year 1990-$165,000,000; fiscal year 1991$378,000,000; fiscal year 1992-$378,000,000; fiscal year 1993-$389,000,000; fiscal year 1994$292,000,000; fiscal year 1995-$250,000,000; fiscal year 1996-$50,000,000; fiscal year 1997$50,000,000; fiscal year 1998-$60,000,000; fiscal year 1999-$340,000,000; fiscal year 2000$60,000,000; fiscal year 2001-$50,000,000; fiscal year 2003-$100,000,000.

748 Sec. 12002(2) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) struck out "for fiscal year 2003" and inserted in lieu thereof "for a fiscal year". Sec. 1261 of the Security Assistance of 2002 (division B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1434) amended and restated para. (2). Previously, subpara. (B) provided not more than $50 million for stockpiles in the Republic of Korea.