Page:United States Statutes at Large Volume 90 Part 1.djvu/786

 90 STAT. 7 3 6

Report to Speaker of the House and congressional committee.

22 USC 2314. 22 USC 2753.

22 USC 2314.

PUBLIC LAW 94-329—JUNE 30, 1976 " (2) a description of the defense article or related t r a i n i n g o r other defense service proposed to be transferred, including the original acquisition cost of such defense article or related t r a i n i n g or other defense service, " (3) the name of the proposed recipient of such defense article or related training or other defense service, " (4) the reasons for such proposed transfer, and " (5) the date on which such transfer is proposed to be made. Any certification submitted to Congress pursuant to this subsection shall be unclassified, except that information regarding the dollar value and number of defense articles, or related t r a i n i n g or other defense services, proposed to be transferred may be classified if public disclosure thereof would be clearly detrimental to the security of the United States. " (f) I f the President receives any information that a transfer of any defense article, or related training or other defense service, has been made without his consent as required under this section or under section 505 of the Foreign Assistance Act of 1961, he shall report such information immediately to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.". (b)(1) The second sentence of subsection (a) of section 3 of the Foreign Military Sales Act is amended by striking out ", and p r i o r " and all that follows thereafter through "transferred" the second time it appears. (2) The first sentence of section 505(e) of the Foreign Assistance Act of 1961 is amended by striking out ", and p r i o r " and all that follows thereafter through "transferred" the second time it appears. SALES FROM STOCKS

22 USC 2761.

SEC. 205. Section 21 of the Foreign Military Sales Act is amended to read as follows: " SEC. 21. SALES F R O M STOCKS.— (a) The P r e s i d e n t may sell defense

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articles and defense services from the stocks of the Department of Defense to any eligible country or international organization if such country or international organization agrees to p a y in United States dollars— " (1) in the case of a defense article not intended to be replaced at the time such agreement is entered into, not less than the actual value thereof; " (2) in the case of a defense article intended to be replaced at the time such agreement is entered into, the estimated cost of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or " (3) in the case of the sale of a defense service, the full cost to the United States Government of furnishing such service. " (b) Except as provided by subsection (d) of this section, payment shall be made in advance or, if the President determines it to be in the national interest, upon delivery of the defense article or rendering of the defense service. " (c) Personnel performing defense services sold under this Act may not perform any duties of a combatant nature, including any duties related to training, advising, or otherwise providing assistance regarding combat activities, outside the United States in connection with the performance of those defense services. " (d) I f the President determines it to be i n the national interest •pursuant to subsection (b) of this section, billings for sales made

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