clarification of restrictions

clarification of restrictions Sec. 559. (a) In General.— Section 620E of the Foreign Assistance Act of 1961 (22 U.S.C. 2375) is amended— (1) in subsection (e)— (A) by striking the words “No assistance” and inserting the words “No military assistance”; (B) by striking the words “in which assistance is to be furnished or military equipment or technology” and inserting the words “in which military assistance is to be furnished or military equipment or technology”; (C) by striking the words “the proposed United States assistance” and inserting the words “the proposed United States military assistance”; (D) by inserting “(1)” immediately after “(e)”; and (E) by adding the following new paragraphs: “(2) The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of: 110 STAT. 744 “(A) International narcotics control (including chapter 8 of part I of this Act) or any provision of law available for providing assistance for counternarcotics purposes. “(B) Facilitating military-to-military contact, training (including chapter 5 of part II of this Act) and humanitarian and civic assistance projects. “(C) Peacekeeping and other multilateral operations (including chapter 6 of part II of this Act relating to peacekeeping) or any provision of law available for providing assistance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided. “(D) Antiterrorism assistance (including chapter 8 of part II of this Act relating to antiterrorism assistance) or any provision of law available for antiterrorism assistance purposes. “(3) The restrictions of this subsection shall continue to apply to contracts for the delivery of F-16 aircraft to Pakistan. “(4) Notwithstanding the restrictions contained in this subsection, military equipment, technology, or defense services, other than F-16 aircraft, may be transferred to Pakistan pursuant to contracts or cases entered into before October 1, 1990.”; and (2) by adding at the end the following new subsections: “(f) Storage Cost.— The President may release the Government of Pakistan of its contractual obligation to pay the United States Government for the storage costs of items purchased prior to October 1, 1990, but not delivered by the United States Government pursuant to subsection (e) and may reimburse the Government of Pakistan for any such amount paid, on such terms and conditions as the President may prescribe: Provided, That such payments have no budgetary impact. “(g) Inapplicability of Restrictions to Previously Owned Items.— Section 620E(e) does not apply to broken, worn or unupgraded items or their equivalent which Pakistan paid for and took possession of prior to October 1, 1990 and which the Government of Pakistan sent to the United States for repair or upgrade. Such equipment or its equivalent may be returned to the Government of Pakistan: Provided, That the President determines and so certifies to the appropriate congressional committees that such equipment or equivalent neither constitutes nor has received any significant qualitative upgrade since being transferred to the United States and that its total value does not exceed $25,000,000. “(h) Ballistic Missile Sanctions Not Affected.— Nothing contained herein shall affect sanctions for transfers of missile equipment or technology required under section 11B of the Export Administration Act of 1979 or section 73 of the Arms Export Control Act.”.