the national interest of the United States to draw down defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, he may direct

(i) the drawdown of such articles, services, and the provision of such training for the purposes and under the authorities of chapters 8 and 9 of part I, as the case may be; and

(ii) the drawdown of defense services for the purposes and under the authorities of the Migration and Refugee Assistance Act of 1962.

(B) An aggregate value of not to exceed $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.

(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 of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appropriations of each House of Congress.

(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.

(c) 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Sec. 507.503 Restrictions on Military Aid to Latin America.— *** [Repealed-1973]

Sec. 508.503 Restrictions on Military Aid to Africa.-* pealed-1973]

[Re

Sec. 509.503 Certification of Recipient's Capability.—*** [Repealed-1973]

Sec. 510.504 Restrictions on Training Foreign Military Students. *** [Repealed-1976]

Sec. 511.505 Considerations in Furnishing Military Assistance.Decisions to furnish military assistance made under this part shall 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 506 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.

503 Sec. 12(b)(5) of the FA Act of 1973 repealed secs. 507, 508, and 509.

504 Sec. 510 was repealed by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733).

505 22 U.S.C. 2321d. Sec. 511 was added by sec. 201(f) of the FA Act of 1971.

506 Sec. 150(c) of the Foreign Relations Authorization Act, Fiscal Year 1976 (Public Law 94141) 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".

Sec. 512.507 Military Assistance Advisory Groups and Missions.-* [Repealed-1973]

*

Sec. 513.508 Military Assistance Authorizations for Thailand and Laos, and South Vietnam.-* * [Repealed-1981]

*

Sec. 514.509 Stockpiling of Defense Articles for Foreign Countries. (a) No defense article in the inventory of the Department 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) in stockpiles located in foreign countries may not exceed in any fiscal year an amount that 510 is specified in security assistance authorizing legislation for that fiscal year.

507 Sec. 12(5) of the FA Act of 1973 repealed sec. 512.

508 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).

509 22 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 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.

"(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 Stat. 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.".

Section 1303(b) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 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.”.

$10 Section 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) The value of such additions to stockpiles in foreign countries shall not exceed $378,000,000 for fiscal year 1991, of which amount not less than $300,000,000 shall be for stockpiles in Israel.511

(c) Except for stockpiles in existence on the date of enactment of the International Security Assistance and Arms Export Control Act of 1976 512 and for stockpiles located in the Republic of Korea, Thailand, or 513 countries which are members of the North Atlantic Treaty Organization, or major non-NATO allies,514 no stockpile may be located outside the boundaries of a United States military base or a military base used primarily by the United States.

(d) No defense article transferred from any stockpile which is made available to or for use by any foreign country may be considered an excess defense article for the purpose of determining the value thereof.

Sec. 515.515 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;

511 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 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.

Several sections of H.R. 2621 as passed by the House on June 19, 1991 were enacted into law by reference in sec. 118 of the Further Continuing Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended), making several sections enacted in the previous foreign operations appropriations inapplicable (Public Law 101-513).

Sec. 573 of Public Law 101-513 had amended sec. 514 of the Foreign Assistance Act of 1961, and those amendments are incorporated here. Sec. 573, however, is inapplicable for fiscal year 1992. Instead, sec. 571 of H.R. 2621, provides as follows:

"LOCATION OF STOCKPILES

"SEC. 571. Notwithstanding section 514(b) of the Foreign Assistance Act of 1961, additions may be made to stockpiles in Israel during fiscal years 1992 having a value of $300,000,000: Provided, That the word 'value' as used in this section shall have the same meaning as in section 514 of the Foreign Assistance Act of 1961.".

512 Approved June 30, 1976.

513 The reference to Thailand was added by title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 1329-147). The reference to the Republic of Korea was added by sec. 6(a)(2) of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 703). Sec. 6 also required the President to submit a report to the Congress by December 31, 1979, regarding the stockpiling authorities for the Republic of Korea.

314 Sec. 573(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2042), inserted “or major non-NATO allies,".

515 22 U.S.C. 2321i. Sec. 515, as amended by sec. 16 of FA Act of 1974, sec. 104 of Public Law 94-329, sec. 7(c) of Public Law 95-92, sec. 9 of Public Law 95-424, sec. 7 of Public Law 95-92, 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.

(6) promoting rationalization, standardization, interoperability, and other defense cooperation measures among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; 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 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,516 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 Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives are notified 30 days in advance of the introduction of the additional military personnel.

(d) Effective October 1, 1989,517 the entire costs (excluding 517 salaries of the United States military personnel) 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,518 other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control

516 Sec. 125 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 205), struck out "For the fiscal year 1982 and the fiscal year 1983" and inserted in lieu thereof "Pakistan, Tunisia, El Salvador, Honduras".

Sec. 4305(a) of Public Law 100-690 (102 Stat. 4273) added "Colombia" after "Honduras".

$17 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" and struck out "including" and inserted in lieu thereof "excluding".

318 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.

Act 519 or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. 519

(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. 516.520 Modernization of Defense Capabilities of Countries of NATO's Southern Flank.-(a) AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.-Notwithstanding any other provision of law and subject to subsection (b),521 the President may transfer to those member countries of the North Atlantic Treaty Organization (NATO) on the southern flank of NATO which are eligible for United States security assistance and which are integrated into NATO's military structure and to major non-NATO allies on the southern and southeastern flank of NATO which are eligible for United States security assistance, 522 and those countries which received Foreign Military Financing (FMF) assistance in fiscal year 1990 and which, as of October 1, 1990, contributed armed forces to deter Iraqi aggression in the Arabian Gulf,523 such excess 524 de

519 For text of the Arms Export Control Act, see pages 286 (sec. 21(a)), 288 (sec. 21(e)), and 334 (sec. 43(b)).

520 22 U.S.C. 2321j. Sec. 516 was added by sec. 1101 of Public Law 99-661 (100 Stat. 3960). Sec. 516, as previously 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. Sec. 599 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2063), continued for fiscal year 1992 by Public Law 102145, as amended, provided the following:

"SEC. 599. Notwithstanding any other provision of law, the delivery of excess defense articles that are to be transferred on a grant basis under Section 516 of the Foreign Assistance Act to NATO allies and to major non-NATO allies on the southern and southeastern flank of NATO shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to other countries.".

Sec. 583 of H.R. 2621 as passed by the House on June 19, 1991, and enacted by reference in sec. 118 of Public Law 102-145, as amended, provided:

"During fiscal year 1992, the provisions of section 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, shall be applicable for the period specified therein, to excess defense articles made available under sections 516 and 519 of the Foreign Assistance Act of 1961.".

Sec. 583 of H.R. 2621 superseded sec. 596(d) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 (Public Law 101-513), for fiscal year 1992.

521 Sec. 1049(a) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1469) struck out "during the fiscal years 1987 through 1991,"; and added subsec. (f) extending the authority of this section for fiscal years 1992 through 1996.

522 Sec. 8143 of the Department of Defense Appropriations Act, 1988 (Public Law 100-202; 101 Stat. 1329-89) added the phrase "and to major non-NATO allies on the southern and southeastern flank of NATO which are eligible for United States security assistance".

523 Sec. 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2057), inserted "and those countries which received Foreign Military Financing (FMF) assistance in fiscal year 1990 and which, as of October 1, 1990, contributed armed forces to deter Iraqi aggression in the Arabian Gulf,".

524 Sec. 8143 of the Department of Defense Appropriations Act, 1988 (Public Law 100-202), added the terms "excess" or "excess defense".