modernization of military capabilities of certain countries

modernization of military capabilities of certain countries Sec. 573. (a) Authority To Transfer Excess Defense Articles.— (1) NATO southern flank countries.— The President may transfer— (A) to any NATO southern flank country which is eligible for United States security assistance and which is integrated into NATO’s military structure; and (B) to any major non-NATO ally on the southern and southeastern flank of NATO which is eligible for United States security assistance, such excess defense articles as may be necessary to help modernize the defense capabilities of such country. (2) Major illicit drug producing countries.— Subject to subsection (f), the President may transfer to any country— (A) which is a major illicit drug producing country, (B) which has a democratic government, and (C) whose armed forces do not engage in a consistent pattern of gross violations of internationally recognized human rights, such excess defense articles as may be necessary to carry out subsection (f)(1). (3) Terms of transfers.— Excess defense articles may be transferred under this section without cost to the recipient country. (b) Limitations on Transfers.— The President may transfer excess defense articles under this section only if— (1) they are drawn from existing stocks of the Department of Defense; (2) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer; and (3) the President determines that the transfer of the excess defense articles will not have an adverse impact on the military readiness of the United States. (c) Notification to Congress.— (1) Advance notice.— The President may not transfer excess defense articles under this section until thirty days after the President has provided notice of the proposed transfer to the committees specified in paragraph (2). This notification shall include— (A) a certification of the need for the transfer; (B) an assessment of the impact of the transfer on the military readiness of the United States; and (C) the value of the excess defense articles to be transferred. (2) Committees to be notified.— Notice shall be provided pursuant to paragraph (1) to the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives and the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate. (d) Waiver of Requirement for Reimbursement of DOD Expenses.— Section 632(d) of the Foreign Assistance Act of 1961 does not apply with respect to transfers of excess defense articles under this section. (e) Maintenance of Military Balance in Eastern Mediterranean.— 103 STAT. 1247 (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 op balance.— Accordingly, the President shall ensure that, over the three-year period beginning on October 1, 1989, the ratio of— (A) the value of excess defense articles made available for Turkey under this section, to (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 (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). (f) Major Illicit Drug Producing Countries in Latin America and the Caribbean.— (1) Purpose.— Excess defense articles shall be transferred under subsection (a)(2) for the purpose of encouraging the military forces of an eligible country in Latin America and the Caribbean to participate with local law enforcement agencies in a comprehensive national antinarcotics program, conceived and developed by the government of that country, by conducting activities within that country and on the high seas to prevent the production, processing, trafficking, transportation, and consumption of illicit narcotic or psychotrophic drugs or other controlled substances. (2) Uses of excess defense articles.— Excess defense articles may be furnished to a country under subsection (a)(2) only if that country ensures that those excess defense articles will be used only in support of antinarcotics activities. (3) Role of the secretary of state.— The Secretary of State shall determine the eligibility of countries to receive excess defense articles under subsection (a)(2) and insure that any transfer is coordinated with other antinarcotics enforcement programs assisted by the United States Government. (4) Limitation.— The aggregate value of excess defense articles transferred to a country under subsection (a)(2) in any fiscal year may not exceed $10,000,000. (g) Definitions.— As used in this section— (1) the term “excess defense article” has the meaning given that term by section 644(g); (2) the term “made available” means that a good faith offer is made by the United States to furnish the excess defense articles to a country; (3) the term “major non-NATO ally” includes Australia, Egypt, Israel, Japan, and New Zealand; (4) the term “NATO” means the North Atlantic Treaty Organization; and (5) the term “NATO southern flank countries” means Greece, Italy, Portugal, Spain, and Turkey.