H.R. 6884 (95th): International Security Assistance Act

95th Congress, 1977–1978. Text as of Aug 04, 1977 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

91 STAT. 614                           PUBLIC LAW 95-92—AUG. 4, 1977

                    Public Law 95-92
                    95th Congress
                                                       An Act
 Aug. 4, 1977       To amend the Foreign Assistance Act of 1961 to authorize international security
 [H.R. 6884]          assistance programs for fiscal year 1978, to amend the Arms Export Control Act
                      to make certain changes in the authorities of that Act, and for other purposes.

                     Be it enacted hy the Senate and House of Representatives of the
International       United States of America in Congress assemhted,
Security
Assistance Act of                                    SHORT TITLE
1977.
22 u s e 2151         SECTION 1. This Act may be cited as the "International Security
note.               Assistance Act of 1977".
                                                 CONTINGENCY FUND

22 u s e 2261.        SEC. 2. Section 451(a) of the Foreign Assistance Act of 1961 is
                    amended by striking out "for the fiscal year 1976 not to exceed
                    $5,000,000 and for the fiscal year 1977 not to exceed $5,000,000" and
                    inserting in lieu thereof "for the fiscal year 1978 not to exceed
                    $5,000,000".
                                       INTERNATIONAL      NARCOTICS CONTROL

Appropriation          SEC. 3. Section 482 of the Foreign Assistance Act of 1961 is amended
authorization.      to read as follows:
22 u s e 2291a.       "SEC. 482. AUTHORIZATION.—To carry out the purposes of section
22 u s e 2291.      481, there are authorized to be appropriated to the President
                    $39,000,000 for the fiscal year 1978. Amounts appropriated under this
                    section are authorized to remain available until expended.".
                                              ASSISTANCE TO PORTUGAL

                       SEC. 4. Chapter 10 of part I of the Foreign Assistance Act of 1961
                    is amended by adding at the end thereof the following new section:
22 use 2294.           "SEC. 497. BALANCE OF PAYMENTS LOAN FOR PORTUGAL.— (a) In rec-
                    ognition of the established interest of the United States in fostering a
                    democratic government in Portugal, in maintaining the strength of
                    the North Atlantic Treaty Organization alliance, and in supporting
                    European economic recovery, the purpose of this section is to provide
                    essential balance of payments assistance to Portugal.
Support loans.         "(b) The President is authorized to make balance of payments sup-
                    port loans to Portugal as part of a special international effort to assist
                    that country in the development and implementation of a program to
                    gain financial stability and economic recovery.
Appropriation          " (c) There are authorized to be appropriated to the President not
authorization.      to exceed $300,000,000 for the fiscal year 1978 to carry out the purposes
                    of this section, which amount is authorized to remain available until
                    expended.".
                                                MILITARY ASSISTANCE
Appropriation          SEC. 5. (a) Section 504(a) of the Foreign Assistance Act of 1961
authorization.      is amended to read as follows:
22 use 2312.           "(a) (1) There are authorized to be appropriated to the President
                    to carry out the purposes of this chapter not to exceed $228,900,000 for
Allocation.         the fiscal year 1978. Not more than the following amounts of funds

PUBLIC LAW 95-92—AUG. 4, 1977 91 STAT. 615 available to carry out this chapter may be allocated and made avail- able for assistance to each of the following countries for the fiscal year 1978: "Greece $33, 000, 000 Portugal 25, 000, 000 Spain 15, 000, 000 Turkey 48,000,000 Jordan 55,000,000 Indonesia 15, 000, 000 Philippines 19, 600, 000 Thailand 8, 000, 000 The amount specified in this paragraph for military assistance to any Increase, such country for the fiscal year 1978 may be increased by not more than 10 per centum of such amount if the President deems such increase necessary for the purposes of this chapter. "(2) Except with respect to costs incurred under the authority of section 516(b) or as otherwise specifically authorized by law, none Infra. of the funds available for assistance under this chapter may be used to provide assistance to any recipient other than the countries speci- fied in paragraph (1). ^ ^ , , "(3) The authority of section 610(a) and of section 614(a) may "'" *' ' not be used to increase any amount specified in paragraph (1) or to waive the limitations of paragraph (2). "(4) Amounts appropriated under this subsection are authorized to remain available until expended.". (b) Section 516(b) of the Foreign Assistance Act of 1961 is 22 USC 2321J. amended by striking out "paragraphs (2) and (3)" and inserting in lieu thereof "paragraph (2)". STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES SEC. 6. Section 514(b)(2) of the Foreign Assistance Act of 1961 22 USC 2321h. is amended by striking out "$93,750,000 for the period beginning July 1, 1975, and ending September 30, 1976, and $125,000,000 for the fiscal vear 1977" and inserting in lieu thereof "$270,000,000 for the fiscal year 1978". INTERNATIONAL MILITARY ASSISTANCE AND SALES PROGRAM MANAGEMENT SEC. 7. (a) Section 515 of the Foreign Assistance Act of 1961 is 22 USC 23211 amended to read as follows: "SEC. 515. OVERSEAS MANAGEMENT OF ASSISTANCE AND SALES PRO- GRAMS.— (a) No military assistance advisory group, military mission, Congressional or other organization of United States military personnel performing authorization. similar military advisory, functions under this Act or the Arms Export Control Act may operate in any foreign country unless specifically 22 USC 2751 authorized by the Congress. The prohibition contained in this sub- note. section does not apply to regular units of the Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and countries which are mem- bers of the North Atlantic Treaty Organization or other defense treaty allies of the United States. "(b) (1) In order to carry out his responsibilities for the manage- ment during the fiscal year 1978 of international security assistance programs conducted under this chapter, under chapter 5 of this part, 22 USC 2347. or under the Arms Export Control Act, the President may assign members of the Armed Forces of the United States to perform neces-
91 STAT. 616 PUBLIC LAW 95-92—AUG. 4, 1977 sary functions with respect to such programs in the countries speci- Ante, p. 614. fied in section 504(a)(1) and in the Republic of Korea, Panama, Brazil, Morocco, Iran, Kuwait, and Saudi Arabia. Members of the Armed Forces assigned under this subsection shall have as their pri- mary functions logistics management, transportation, fiscal manage- ment, and contract administration of country programs. I t is the sense of the Congress that advisory and training assistance in the countries specified above shall primarily be provided by personnel who are not assigned under this subsection and who are detailed for limited periods to perform specific tasks. Limitation. "(2) The total number of members of the Armed Forces assigned under this subsection to each country specified in paragraph (1) of this subsection may not exceed the number justified to the Congress in the congressional presentation materials, unless the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives are so notified. "(3) Members of the Armed Forces authorized to be assigned to Iran, Kuwait, and Saudi Arabia by paragraph (1) of this subsection may only be assigned to such countries on a fully reimbursable basis 22 u s e 2761. under section 21(a) of the Arms Export Control Act, except that this requirement shall apply only to the extent that the number of members of the Armed Forces assigned to each such country exceeds six. "(c) The President may assign not to exceed three members of the Armed Forces to any country not specified in subsection (b) (1) to perform accounting and other management functions with respect to international security assistance programs conducted under this chap- 22 u s e 2347, ter, chapter 5 of this part, or under the Arms Export Control Act, 2751 note. except that not to exceed three additional members of the Armed Forces may be assigned to a country to perform such functions when specifically requested by the Chief of the Diplomatic Mission as nec- essary to the efficient operation of the Mission. "(d) The total number of members of the Armed Forces assigned to foreign countries under subsections (b) and (c) may not exceed 865 for the fiscal year 1978. "(e) Members of the Armed Forces assigned to a foreign country Tinder subsection (b) or (c) shall serve under the direction and super- vision of the Chief of the United States Diplomatic Mission in that country. "(f) Defense attaches may perform overseas management functions described in this section only if the President determines that the performance of such functions by defense attaches is the most economic Report to and efficient means of performing such functions. The President shall Speaker of the promptly report each such determination to the Speaker of the House House and of Representatives and to the chairman of the Senate Committee on cong Foreign Relations and the chairman of the Senate Committee on committees. Armed Services, together with a description of the number of person- nel involved and a statement of the reasons for such determination. The number of defense attaches performing overseas management functions in a country under this subsection may not exceed the num- ber of defense attaches authorized to be assigned to that country on December 31, 1976. Costs. "(g) The entire costs (including salaries of United States military personnel) of overseas management of international security assist- ance programs under this section shall be charged to or reimbursed from funds made available to carry out this chapter, including any such costs which are reimbursed from charges for services collected
PUBLIC LAW 9 5 - 9 2 — A U G . 4 , 1977 91 STAT. 617 from foreign governments pursuant to sections '21(e) and 43(b) of the A r m s E x p o r t Control Act. The prohibition contained in subsec- 22 u s e 2761, tion (a) of this section and the numerical limitations contained in Infra. subsections ( b ) . ( c ) , a n d ( d ) of this section shall not apply to members of the Armed Forces performing services for specific purposes and periods of time on a fully I'eimbursable basis under section 21(a) of the A r m s E x p o r t Control Act.'\ (b) Section 516 (a) of the Foreign Assistance Act of 1961 is amended 22 u s e 2321]. by striking out "515(b) ( 2 ) " and inserting in lieu thereof '"515". (c) Section 631(d) of the Foreign Assistance Act of 1961 is 22 u s e 2391. amended— (1) by striking out "this A c t " and inserting in lieu thereof ''part I of this A c t " ; and (2) by striking out all t h a t follows after ''economic officer of the mission" and inserting a period in lieu thereof. (d) Section 43(b) of the A r m s Hxport Control Act is amended to Administrative read as follows: services, charges. " ( b ) Charges for administrative services calculated under section 22 u s e 2792. 2 1 ( e ) ( 1 ) ( A ) of this Act shall include recovery of administrative expenses incurred by any department or agency of the United States Government, including any mission or group thereof, in carrying out functions under this Act when— " ( 1 ) such functions are primarily for the benefit of any foreign country; and "(2)" such expenses are not directly and fully charged to, and ' reimbursed from amounts received for, sale of defense services under section 21(a) of this Act.". SECURITY SUPPORTING ASSISTANCE SEC. 8. (a) Section 531 of t h e Foreign Assistance Act of 1961 is 22 USe 2346. amended— (1) by striking out in the last sentence thereof '"The" and inserting in lieu thereof "Except for programs in southern Africa, t h e " ; and (2) by adding at the end thereof the following new sentence: " I n p l a n n i n g security supporting assistance programs intended for economic development, the President shall take into account to the maximum extent feasible the policy directions set forth in chapter 1 of part I of this Act.". 22 USe 2151. (b) Section 532 of the Foreign Assistance Act of 1961 is amended Appropriation to r e a d a s f o l l o w s : authorization. ' ' S E C . 532. AUTPTOI{IZATION.— ({v)(l) There are authorized to be 22 USe 2346a. appropriated to the President to carrv out the purposes of this chapter for the fiscal year 1978 not to exceed $1,890,000,000. of which not less than the following amounts shall be available only for the following countries: "Israel $785, 000, 000 Egypt 750. 000. 000 .Jordan 93,000,000 Syria 90. 000, 000 Lebanon 20, 000, 000 Cyprus 15, 000, 000 " ( 2 ) Of the amount authorized to be appropriated by p a r a g r a p h Israel, limitation. (1) for the fiscal year 1978 which is available for Israel, not less than $300,000,000 shall be available only for budgetary support on a g r a n t basis.
91 STAT. 618 PUBLIC LAW 95-92—AUG. 4, 1977 Availability. " ( b ) Amounts appropriated under this section are authorized to remain available until expended.". (c) Chapter 4 of p a r t I I of such Act is amended by adding at the end thereof the following new section: 22 u s e 2346b. " S E C . 533. SOUTHERN AFRICAN SPECIAL REQUIREMENTS F U N D S . — ( a ) Ante, p. 617. (1) Of the funds authorized to be appropriated by section 532 for the fiscal year 1978, $80,000,000 shall be available only for the countries of southern Africa to address the problems caused by the economic dis- location resulting from the conflict in t h a t region, and for education and job training assistance for Africans from Namibia and Zimbabwe (Southern Rhodesia). Such funds may be used to provide assistance to African refugees and persons displaced by war and internal strife in southern Africa, to improve transportation links interrupted or jeopardized by regional political conflicts, and to provide trade credits for the purchase of United States products to those countries in the region adversely affected by blocked outlets for their exports and by the overall strains of the world economy. " ( 2 ) Of t h e funds made available under this section, not more t h a n the following amounts may be made available for the following: "Botswana $15, 000,000 Lesotho 15, 000, 000 Swaziland 5,000, 000 Regional programs for education, training, and refugee assistance 45, 000,000 "(3) To the extent practicable consistent with the purposes speci- fied in paragraph (1), assistance under this section should be used to 22 u s e 2151. meet the objectives set forth in sections 102 (c) and (d) and in other 22 u s e 2151 sections of chapter 1 of part I of this Act. et seq. "(4) Before obligating any funds under this section, the President Report to shall notify the Speaker of the House of Representatives and the Speaker of the House and chairman of the Committee on Foreign Relations of the Senate with congressional respect to the specific projects and programs for which such funds committee. will be used. Limitation. "(b) Of the funds made available under subsection (a) of this sec- tion for regional programs, not to exceed $1,000,000 may be used by the President for the preparation of a comprehensive analysis of the development needs of southern Africa to enable the Congress to deter- mine what contribution United States foreign assistance can make. "(c) (1) None of the funds made available under this section may be used for military, guerrilla, or paramilitary activities in any country. Waiver. "(2) No assistance may be furnished under this section to Mozam- Report to bique, Angola, Tanzania, or Zambia, except that the President may eongress. waive this prohibition with respect to any such country if he deter- mines (and so reports to the Congress) that furnishing such assistance to that country would further the foreign policy interests of the United States. Rhodesian "(d) It is the sense of the Congress that the United States should conflict, support an internationally recognized constitutional settlement of the settlement. Rhodesian conflict leading promptly to majority rule based upon dem- ocratic principles and upholding basic human rights. The Congress declares its intent to support United States participation in a Zim- babwe Development Fund. The Congrass intends to authorize the nec- essary appropriation when progress toward such an internationally recognized settlement would permit establishment of the Fund.".
PUBLIC LAW 95-92—AUG. 4, 1977 91 STAT. 619 REVIEW OF SECURITY SUPPORTING ASSISTANCE PROGRAM FOR EGYPT SEC. 9. (a) I t is the sense of the Congress that the security support- 22 use 2346 ing assistance program for Egypt plays an important role in the Mid- note. dle East peace effort and that the Executive branch should concentrate its efforts in order to make the program a success. (b) In furtherance of the policy expressed in subsection (a), the Special Secretary of State shall convene a Special Interagency Task Force Interagency Task (hereafter in this section referred to as the "Task Force") to review Force, study. and prepare a study on the security supporting assistance program for Egypt. The Task Force may employ consultants for the purpose of Consultants, carrying out such study. employment. (c) (1) The Task Force shall review planned United States eco- nomic assistance to Egypt and shall suggest alternatives to such assist- ance. In carrying out this paragraph, the Task Force shall consider— (A) the interrelationship of United States and Egyptian eco- nomic and political interests; (B) the possibility of emphasizing programs designed to enhance the opportunities in the Egyptian private business and agriculture sectors, with special emphasis on low-cost approaches to expedite development; and (C) to the extent appropriate, the views of Egyptian econo- mists and government officials. (2) Based on an analysis of the considerations described in para- Plan. graph (1) and on such other considerations as it may find to be rele- vant, the Task Force shall develop a plan for the use of future United States economic assistance to Egypt. Such plan shall include, where necessary, suggestions for revising legislation, for specific develop- ment projects, and for the staff requirements of the agencj'^ primarily responsible for administering part I of the Foreign Assistance Act of 1961. 22 use 2151 (d) (1) In carrying out its responsibilities under paragraphs (1) et seq.. and (2) of subsection (c), the Task Force shall consult, on a regular eonsultation with congressional basis, with the Committee on Foreign Relations of the Senate and the committees. Committee on International Relations of the House of Representatives. (2) The Task Force shall transmit the plan developed pursuant to Plan, transmittal subsection (c) (2) to the Speaker of the House of Representatives and to the Speaker of the chairman of the Committee on Foreign Relations of the Senate the House and not later than February 15,1978. congressional committee. (e) Not to exceed $750,000 of the funds authorized and earmarked Funds, for security supporting assistance to Egypt in the fiscal year 1977 shall availability. be available to carry out this section. INTERNATIONAL MILITARY EDUCATION AND TRAINING SEC. 10. Section 542 of the Foreign Assistance Act of 1961 is 22 u s e 2347a. amended by striking out "$27,000,000 for the fiscal year 1976 and S30,200,000 for the fiscal year 1977" and inserting in lieu thereof "$31,000,000 for the fiscal year 1978". PROHIBITION AGAINST ASSISTANCE AND SALES TO ARGENTINA SEC. 11. Chapter 1 of part I I I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 620B. PROHIBITION AGAINST ASSISTANCE AND SALES TO ARGEN- 22 USe 2372. TINA.—After September 30,1978— "(1) no assistance may be furnished under chapter 2, 4, or 5 of part II of this Act to Argentina; 22 USC 2311, 2346, 2347.
91 STAT. 620 PUBLIC LAW 95-92—AUG. 4, 1977 "(2) no credits (including participation in credits) may be extended and no loan may be guaranteed under the Arms Export 22 use 2751 Control Act with respect to Argentina; note. "(3) no sales of defense articles or services may be made under the Arms Export Control Act to Argentina; and " (4) no export licenses may be issued under section 38 of the 22 use 2778. Arms Export Control Act to or for the Government of Argentina.". NUCLEAR E N R I C H M E N T AND REPROCESSING TRANSFERS; NUCLEAR DETONATIONS 22 use 2429. SEC. 12. Chapter 3 of part I I I of the Foreign Assistance Act of 1961 is amended by striking out section 669 and inserting in lieu thereof the following new sections: Assistance, "SEC. 669. NUCLEAR ENRICHMENT TRANSFERS.—(a) Except as pro- agreements and vided in subsection (b), no funds authorized to be appropriated by safeguards. this Act or the Arms Export Control Act may be used for the purpose 22 u s e 2751 note. of providing economic assistance, providing military or security sup- porting assistance or grant military education and training, or extend- ing military credits or making guarantees, to any country which, on or after the date of enactment of the International Security Assistance Act of 1977, delivers nuclear enrichment equipment, materials, or tech- nology to any other countiT, or receives such equipment, materials, or technology from any other country, unless before such delivery— " (1) the supplying country and receiving country have reached agreement to place all such equipment, materials, or technology, upon delivery, under multilateral auspices and management when available; and "(2) the recipient country has entered into an agreement with the International Atomic Energy Agency to place all such equip- ment, materials, technology, and all nuclear fuel and facilities in Such country under the safeguards system of such Agency. Presidential "(b) (1) Notwithstanding subsection (a) of this section, the Presi- certification, dent may furnish assistance which would otherwise be prohibited transmittal to under such subsection if he determines and certifies in writing to the Speaker of the House and Speaker of the House of Representatives and the Committee on For- congressional eign Relations of the Senate that— committee. "(A) the termination of such assistance would have a serious adverse effect on vital United States interests; and "(B) he has received reliable assurances that the country in question will not acquire or develop nuclear weapons or assist other nations in doing so. Such certification shall set forth the reasons supporting such deter- mination in each particular case. Joint resolution. "(2) Any joint resolution which would terminate or restrict assist- ance described in subsection (a) with respect to a country to which the prohibition in such subsection applies shall, if introduced within thirty days after the transmittal of a certification under paragraph (1) of this subsection with respect to such country, be considered in the Sen- ate in accordance with the provisions of section 601(b) of the Inter- 90 Stat. 765. national Security Assistance and Arms Export Control Act of 1976. 22 u s e 2429a. "SEC. 670. NUCLEAR REPROCESSING TRANSFERS AND NUCLEAR DETONA- TIONS.— (a) Except as provided in subsection (b), no funds authorized 22 u s e 2751 to be appropriated by this Act or the Arms Export Control Act may note. be used for the purpose of providing economic assistance, providing military or security supporting assistance or grant military education
PUBLIC LAW 95-92—AUG. 4, 1977 91 STAT. 621 and training, or extending military credits or making guarantees, to any country which on or after the date of enactment of the Interna- tional Security Assistance Act of 1977— "(1) delivers nuclear reprocessing equipment, materials, or technology to any other country or receives such equipment, mate- rials, or technology from any other country (except for the trans- fer of reprocessing technology associated with the inve^ticration, under international evaluation programs in which the United States participates, of technologies which are alternatives to pure plutonium reprocessing); or "(2) is not a nuclear-weapon state as defined in article I X ( 3 ) of the Treaty on the Non-Proliferation of Nuclear Weapons and 21 UST 483. which detonates a nuclear explosive device. "(b) (1) Notwithstanding subsection (a) of this section, the Presi- Presidential dent may furnish assistance which would otherwise be prohibited certification, under such subsection if he determines and certifies in writing to the submittal to Speaker of the House of Representatives and the Committee on For- Speaker of the House and eign Kelations of the Senate that the termination of such assistance congressional would be seriously prejudicial to the achievement of United States committee. nonproliferation objectives or otherwise jeopardize the common defense and security. The President shall transmit with such certifica- tion a statement setting forth the specific reasons therefor. "(2) Any joint resolution which would terminate or restrict assist- Joint resolution. ance described in subsection (a) with respect to a country to which the prohibition in such subsection applies shall, if introduced within thirty days after the transmittal of a certification under paragraph (1) of this subsection with respect to such country, 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.". 90 Stat. 765. MroDLE EAST PEACE SEC. 13. Section 903 of the Foreign Assistance Act of 1961 is Appropriation amended— authorization. (1) in subsection (a), by striking out "for the fiscal year 1976 22 u s e 2443. not to exceed $50,000,000 and for the fiscal year 1977 not to exceed $35,000,000" and inserting in lieu thereof "for the fiscal year 1978 not to exceed $25,000,000, of which not less than $12,200',000 shall be available only for the Sinai support mission,"; (2) in subsection (b) — (A) in paragraph (1) — (i) by striking out "and" at the end of clause (B), and =H ;. (ii) by inserting immediately before the semicolon at the end thereof ", and (D) the reasons why the President ; f= has determined that it is in the national interest to use funds appropriated under this section for such purpose rather than (i) using funds available for such purpose under part I, or (ii) if no funds are available for such purpose under part I, awaiting the enactment of legis- lation making funds specifically available for such pur- pose" ; and (B) in paragraph (2), bv striking out "provided by clauses (A), (B), and (C) of" and inserting in lieu thereof "required by"; and (3) in subsection (e), by striking out "1977" and inserting in t lieu thereof "1978".
91 STAT. 622 PUBLIC LAW 95-92—AUG. 4, 1977 l*K()HIltyrH)-N UN AMHI8TANCE FOR N U d i K A R POWf:KPriANTS 22 u s e 2406 SEC. 14. None of the funds made available to carry out tlie Foreign "<'*®- Assistance Act of 1961 for the fiscal year 1978 may be used to finance 22 u s e 2151 i\yQ construction of, the operation or maintenance of, or the supply ""*^* of fuel for, any nuclear powerplant under an agreement for coopera- tion between the United States and any other country. REPEAL OF PROHIBITION RELATING TO T H E TWELVE-MILE F I S H I N G L I M I T Repeal. SEC. 15. KSection 3(1)) of the Alius Plxport Control Act is repealed. 22 u s e 2753. CONGRESSIONAL DISAPPROVAL OF THIRD COUNTRY TRANSFERS :,; SEC. 16. Section 3 ( d ) of the A r m s E x p o r t Control Act is amended— (1) by striking out ", 30 days prior to giving such consent," in the text preceding p a r a g r a p h ( 1 ) ; (2) by redesignating such section as section 3 ( d ) ( 1 ) and redesignating p a r a g r a p h s (1) t h r o u g h (5) thereof as subpara- g r a p h s ( A ) t h r o u g h ( E ) , respectively; and (3) by adding the following new p a r a g r a p h at the end thereof: " ( 2 ) Unless the President states in the certification submitted pur- suant to this subsection t h a t an emergency exists which requires t h a t .•V r; :. consont to the proposed transfer become effective immediately in the national security interests of the United States, such consent shall not become effective until 30 calendar days after the date of such sub- mission and such consent shall become effective then only if the Con- gress does not adopt, within such 30-day period, a concurrent resolu- tion disapproving the proposed transfer.". > i'<* ' TRAXSKKRS OK DEFENSE ARTICLES AND DEFENSE SERVICES FOR MAINTENANCE, REPAIR, AND OVERHAUL SEC. 17. Section 3 ( d ) of the A r m s E x p o r t Control Act, as amended by section 16 of this Act, is further amended by adding the following new p a r a g r a p h at the end thereof: " ( 3 ) This subsection shall not apply— " ( A ) to transfers of maintenance, repair, or overhaul defense services, or of the repair parts or other defense articles used in furnishing such services, if the transfer will not result in any increase, relative to the original specifications, in the military capability of the defense articles and services to be maintained, repaired, or overhauled; " ( B ) to temporary transfers of defense articles for the sole purpose of receiving maintenance, repair, or overhaul; or " ( C ) to cooperative cross servicing arrangements among mem- bers of the North Atlantic Treaty Organization.". PROHIBITION AGAINST SALES, CREDITS, AND GUARANTIES TO COUNTRIES W H I C H GRANT SANCTUARY TO INTERNATIONAL TERRORISTS SEC. 18. Section 3 of the A r m s E x p o r t Control Act is amended by adding at the end thereof the following new subsection: " ( f ) ( 1 ) Unless the President finds that the national security requires otherwise, he shall terminate all sales, credits, and guaranties under this Act to any government which aids or abets, by g r a n t i n g sanctu- ary from prosecution to, any individual or group which has committed an act of international terrorism. The President may not thereafter
PUBLIC LAW 95-92—AUG. 4, 1977 91 STAT. 623 make or extend sales, credits, or guaranties to such government until the end of the one year period beginning on the date of such termina- tion, except that if during its period of ineligibility for sales, credits, and guaranties pursuant to this section such government aids or abets, by granting sanctuary from prosecution to, any other individual or group which has committed an act of international terrorism, such government's period of ineligibility shall be extended for an additional year for each such individual or group. "(2) If the President finds that the national security justifies a con- Presidential tinuation of sales, credits, or guaranties to any government described in report to Speaker paragraph (1), he shall report such finding to the Speaker of the House of the House and congressional of Representatives and the Committee on Foreign Relations of the committee. Senate.". FOREIGN MILITARY SALES AUTHORIZATIOX AND AGGREGATE CEILING SEC. 19. Section 31 of the xVrms Export Control Act is amended— 22 use 2771. (1) in subsection (a), by striking out all in the first sentence after "not to exceed" the first time it appears and inserting in lieu thereof "$677,000,000 for the fiscal year 1978."; (2) in subsection (b), by striking out all after "shall not exceed" the first time it appears and inserting in lieu thereof "$2,102,350,- 000 for the fiscal year 1978, of which not less than $1,000,000,000 shall be available only for Israel."; and (3) in subsection (c) — (A) in the first sentence, by striking out "the fiscal years 1976 and 1977" and inserting in lieu thereof "the fiscal year 1978"; and (B) in the last sentence, by striking out "each". LICENSES FOR T H E EXPORT OF CERTAIN MAJOR DEFENSE EQUIPMENT SEC. 20. Section 38(b)(3) of the Arms Export Control Act is 22 use 2778. amended by adding at the end thereof the following new sentence: Presidential "The prohibition contained in the first sentence of this paragraph certification, shall not apply to the issuance of licenses under this section for the submittal to export of major defense equipment to Australia, Japan, or New Zea- Speaker of the House and land, or major defense equipment sold commercially in implementa- congressional tion of an agreement between the United States Government and the committee. government of a foreign country for the production of the major defense equipment to which such licenses relate if the President has submitted a certificate with respect to such proposed agreement, prior to its signature, to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate in the same form as the certification required under section 36(b) of this Act and subject to the requirements of such section.". 22 use 2776. FISCAL YEAR 1977 AUTHORIZATIONS AND LIMITATIONS SEC, 21. Authorizations of appropriations and limitations of author- 22 u s e 2151 ity applicable to the fiscal year 1977 contained in provisions of note. law amended by this Act shall not be affected by enactment of this Act. ASSISTANCE AND SALES TO GREECE AND TURKEY SEC. 22. (a) In addition to any amounts authorized to be appro- Appropriation priated by any amendment made by this Act which may be available authorization. for such purpose, there are authorized to be appropriated such sums
91 STAT. 624 PUBLIC LAW 95-92—AUG. 4, 1977 as may be necessary for the fiscal year 1978 to carry out international agreements relating to defense cooperation with Greece and Turkey. (b) No funds appropriated under this section may be obligated or expended to carry out any agreement described in subsection (a) until legislation has been enacted approving such agreement. (c) Funds appropriated for the fiscal year 1978 may not be obli- gated for assistance to Turkey under chapters 2 and 5 of part I I of 22 use 2311 the Foreign Assistance Act of 1961, other than in accordance with et seq, 234^7 etseq. section 620 (x) of such Act. 22 use 2370. (d) Section 620(x) (1) of the Foreign Assistance Act of 1961 is amended— (1) by striking out "for the fiscal year 1976, the period begin- ning July 1, 1976, and ending September 30, 1976, and the fiscal year 1977," and inserting in lieu thereof "for the fiscal year 1978"; (2) by striking out "(A) during the fiscal year 1976 and the period Seginning July 1, 1976, and ending September 30, 1976, the total value of defense articles and defense services sold to Turkey under such Act, either for cash or financed by credits and uaranties, shall not exceed $125,000,000, and (B) during the G seal year 1977," and inserting in lieu thereof "during the fiscal year 1978"; and (3) by striking out "$125,000,000" the second place it appears and inserting in lieu thereof "$175,000,000". ARMS SALES AND U N I T E D STATES DEFENSE READINESS Report to SEC. 23. The President shall prepare and submit to the Congress not Congress. later than March 15, 1978, a report on the impact of United States 22 use 2751 foreign arms sales and transfers on United States defense readiness note. Contents. and national security. The report should focus on arms sales since 1972 arid discuss the impact of such sales on United States troops sta- tioned overseas. The report shall also include an analysis of IJnited States foreign arms sales and transfers which have involved agree- ments entered into by the United States for the purchase or acquisition by the United States of defense articles, services, or equipment, or other articles, services, or equipment of any foreign country or inter- national organization in connection with or as consideration for such United States foreign arms sales and transfers, including— (1) an analysis of the impact such agreements have had upon United States business concerns which might otherwise have pro- vided such articles, services, or equipment to the United States; (2) an estimate of the costs incurred by the United States in connection with such agreements compared with the costs which would otherwise have been incurred; (3) an estimate of the economic impact and unemployment which have resulted from such agreements; and (4) an analysis of whether such costs and such domestic eco- nomic impact have justified entering into such agreements. STUDY OF TECHNOLOGY TRANSFERS 22 u s e 2751 SEC. 24. (a) The President shall conduct a comprehensive study of note. the policies and practices of the United States Government with respect to the national security and military implications of inter- national transfers of technology in order to determine whether such Contents. policies and practices should be changed. Such study shall examine— (1) thenatureof technology transfer;
PUBLIC LAW 95-92—AUG. 4, 1977 91 STAT. 625 (2) the effect of technology transfers on United States techno- logical superiority; (3) the rationale for transfers of technology from the United States to foreign countries; (4) the benefits and risks of such transfers; (5) trends in technology transfers by the United States and other countries; (6) the need for controls on transfers of technology, including controls on the use of transferred technology, the effectiveness of existing end-use controls, and possible unilateral sanctions if end- use restrictions are violated; (7) the effectiveness of existing organizational arrangements in the Executive branch in regulating technology transfers from the United States; (8) the adequacy of existing legislation and regulations with respect to transfers of technology from the United States; and (9) the possibilities for international agreements with respect to transfers of technology. (b) In conducting the study required by subsection (a), the Presi- dent shall utilize the resources and expertise of the Arms Control and Disarmament Agency, the Department of State, the Department of Defense, the Department of Commerce, the National Science Founda- tion, the Office of Science and Technology Policy, and such other entities within the Executive branch as he deems necessary. (c) Not later than the end of the one-year period beginning on the Report to date of enactment of this section, the President shall submit to the Congress. Congress a report setting forth in detail the findings made and conclu- Legislative recommendations. sions reached as a result of the study conducted pursuant to subsection (a), together with such recommendations for legislation and adminis- trative action as the President deems appropriate. POLICY ON ZAIRE SEC. 25. No assistance of any kind may be furnished for the fiscal Report to year 1978 for the purpose, or which would have the effect, or pro- Speaker of the moting or augmenting, directly or indirectly, any military or para- House and military operations in Zaire unless and until the President determines congressional committee. that such assistance should be furnished in the national security inter- 22 use 2370 ests of the United States and submits to the Speaker of the House of note. Representatives and the Committee on Foreign Relations of the Senate a report containing— (1) a detailed description of the assistance proposed to be fur- nished, including the amounts of such assistance, the categories and specific kinds of assistance proposed, and the purposes for which such assistance will be used; and (2) a certification that the President has determined that the furnishing of such assistance is important to the national security interests of the United States and a detailed stat-ement, in unclassified form, of the reasons supporting such determination. POLICY STATEMENT ON UNITED STATES ARMS SALES TO ISRAEL SEC. 26. In accordance with the historic special relationship between 22 use 2751 the United States and Israel and previous agreements and continuing note. understandings, the Congress ioins with the President in reaffirming that a policy of restraint in United States arms transfers, including arms sales ceilings, shall not impair Israel's deterrent strength or undermine the military balance in the Middle East.
91 STAT. 626 PUBLIC LAW 95-92—AUG. 4, 1977 REVIEW OF ARMS SALES COXTROLS ON NOXLETHAL ITEMS 22 use 2751 SEC. 27. The President shall undertake a review of all regulations note. relating to arms control for the purpose of defining and categorizing lethal and non-lethal products and establishing the appropriate level of control for each category. REPUBLIC o r KOREA Cooperation with SEC, 28. (a) (1) It is the sense of the Congress that the President Department of should take all effective measures to assure that the Republic of Korea Justice is cooperating fully with the investigation (including any resulting investigation. prosecutions) being conducted by the Department of Justice with respect to allegations of improper activity in the United States by agents of the Republic of Korea. Report to (2) Accordingly, the President is requested to report to the Con- Congress. gress, within ninety days after the date of enactment of this Act and once during each ninety-day period thereafter while such investiga- tion (including any resulting prosecutions) is underway, with respect to the extent to which the Republic of Korea is cooperating with such investigation. (b) It is the further sense of the Congress that the President should take all effective measures to assure that the Republic of Korea is cooperating fully with the investigations being conducted by commit- tees of Congress. PIASTER CONVERSION 22 u s e 2431 SEC. 29. No provision of law shall be construed to prevent payment note. of claims of former and present Vietnamese employees of the Agency for International Development, who presently reside in the United States, for the conversion of Vietnamese piasters to dollars because such conversion cannot take place in the territory of the former Republic of Vietnam or because the official with whom such piasters were deposited was not a United States disbursing officer. Approved August 4, 1977. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-274 (Comm. on International Relations) and No. 95-503 (Comm. of Conference). SENATE REPORT No. 95-195 accompanying S. 1160 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 123 (1977): May 23, 24, considered and passed House. June 15, considered and passed Senate, amended, in lieu of S. 1160. July 21, House agreed to conference report. July 22, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: Aug. 5, Presidential statement.