pilot schools) and comparable flight training schools and programs of foreign countries.

Sec. 545.747 Training in Maritime Skills.-The President is encouraged to allocate a portion of the funds made available each fiscal year to carry out this chapter for use in providing education and training in maritime search and rescue, operation and maintenance of aids to navigation, port security, at-sea law enforcement, international maritime law, and general maritime skills.

SEC. 546.748 PROHIBITION ON GRANT ASSISTANCE FOR CERTAIN HIGH INCOME FOREIGN COUNTRIES.

(a) IN GENERAL.-None of the funds made available for a fiscal year for assistance under this chapter may be made available for assistance on a grant basis for any of the high-income foreign countries described in subsection (b) for military education and training of military and related civilian personnel of such country.

(b) HIGH-INCOME FOREIGN COUNTRIES DESCRIBED.-The highincome foreign countries described in this subsection are Austria, Finland, the Republic of Korea, Singapore, and Spain.

SEC. 547.749 CONSULTATION REQUIREMENT.

The selection of foreign personnel for training under this chapter shall be made in consultation with the United States defense attache to the relevant country.

SEC. 548.750 RECORDS REGARDING FOREIGN PARTICIPANTS.

In order to contribute most effectively to the development of military professionalism in foreign countries, the Secretary of Defense shall develop and maintain a database containing records on each foreign military or defense ministry civilian participant in education and training activities conducted under this chapter after December 31, 2000. This record shall include the type of instruction received, the dates of such instruction, whether such instruction was completed successfully, and, to the extent practicable, a record of the person's subsequent military or defense ministry career and current position and location.

Chapter 6-Peacekeeping Operations 751

Sec. 551.752 General Authority.-The President is authorized to furnish assistance to friendly countries and international organizations, on such terms and conditions as he may determine, for peacekeeping operations and other programs carried out in furtherance of the national security interests of the United States. Such assistance may include reimbursement to the Department of Defense for expenses incurred pursuant to section 7 of the United Nations Participation Act of 1945,753 except that such reimbursements

747 22 U.S.C. 2347d. Added by sec. 127(a) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 205).

748 22 U.S.C. 2347c. Added by sec. 112(c)(1) of Public Law 104-164 (110 Stat. 1427).

749 22 U.S.C. 2347f. Added by sec. 202 of the Security Assistance Act of 2000 (Public Law 106– 280; 114 Stat. 851).

750 22 USC 2347g. Added by sec. 202 of the Security Assistance Act of 2000 (Public Law 106– 280; 114 Stat. 851).

751 Ch. 6 was added by sec. 12(a) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736).

752 22 U.S.C. 2348.

753 For text, see Legislation on Foreign Relations Through 2000, vol. II, sec. H.

may not exceed $5,000,000 in any fiscal year unless a greater amount is specifically authorized by this section.754

Sec. 552.755 Authorization of Appropriations. (a) There are authorized to be appropriated to the President to carry out the purposes of this chapter, in addition to amounts otherwise available for such purposes, $37,000,000 for the fiscal year 1986 and $37,000,000 for the fiscal year 1987.756

(b) Amounts appropriated under this section are authorized to remain available until expended.

(c) 757 If the President determines that, as the result of an unforeseen emergency, the provision of assistance under this chapter in amounts in excess of funds otherwise available for such assistance is important to the national interests of the United States, the President may (1) exercise the authority of section 610(a) of this Act to transfer funds available to carry out chapter 4 of this part

754 The final sentence in this section was added by sec. 10(b) of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 705).

755 22 U.S.C. 2348a.

756 The authorization figures for fiscal years 1986 and 1987 were added by sec. 105(a) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195). Authorizations under sec. 552 during recent years included the following: fiscal year 1979 $30,900,000; fiscal year 1980-$21,100,000; fiscal year 1981-$25,000,000; fiscal year 1982-$19,000,000; fiscal year 1983-$19,000,000; fiscal year 1984-$46,200,000; fiscal year 1985-no authorization; fiscal years 1988 through 1997-no authorization; fiscal year 1998 (in Public Law 105-277)-$77,500,000; fiscal year 1999 (in Public Law 105-277)-$83,000,000; fiscal year 2000 (in Public Law 106-113)-$500,000,000; fiscal year 2001 (in Public Law 106113) "such funds as may be necessary".

For fiscal years 2000 and 2001, sec. 107 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (Public Law 106-113; 113 Stat. 1536), provided the following:

"SEC. 107. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.

"There are authorized to be appropriated under the heading 'Contributions for International Peacekeeping Activities' $500,000,000 for the fiscal year 2000 and such sums as may be necessary for the fiscal year 2001 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international peacekeeping activities and to carry out other authorities in law consistent with such purposes.".

The Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115), waived the requirements for authorization, and title III of that Act (at 115 Stat. 2137) provided the following:

"PEACEKEEPING OPERATIONS

"For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $135,000,000: Provided, That none of the funds appropriated under this heading shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.".

See also in that Act: sec. 515-Notification Requirements (115 Stat. 2142); and sec. 558-Assistance for the Middle East (115 Stat. 2160).

Sec. 4(b)(1) of Public Law 97-132 (95 Stat. 1694) authorized an additional $125,000,000 to carry out this chapter during fiscal year 1982 for use in paying the U.S. contribution to the budget of the Multinational Force and Observers in Sinai. See Legislation on Foreign Relations Through 2000, vol. II, sec. G.

757 Subsec. (c) was added by sec. 10(c) of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 705).

Sec. 547 of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2156), provided the following:

"WAR CRIMES TRIBUNALS DRAWDOWN

"SEC. 547. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961, as amended, of up to $30,000,000 of commodities and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to the ceiling limitation contained in paragraph (2) thereof: Provided, That the determination required under this section shall be in lieu of any determinations otherwise required under section 552(c): Provided further, That funds made available for tribunals other than Yugoslavia or Rwanda shall be made available subject to the regular notification procedures of the Committees on Appropriations.".

for use under this chapter without regard to the 20-percent increase limitation contained in such section, except that the total amount so transferred in any fiscal year may not exceed $15,000,000; and 758 (2) 759 in the event the President also determines that such unforeseen emergency requires the immediate provision of assistance under this chapter, direct the drawdown of commodities and services from the inventory and resources of any agency of the United States Government of an aggregate value not to exceed $25,000,000 in any fiscal year.

(d) 759 There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for commodities and services provided under subsection (c)(2).

Sec. 553.760 Middle East Special Requirements Fund. * * * [Repealed-1980]

Sec. 553.761 Administrative Authorities.-Except where expressly provided to the contrary, any reference in any law to part I of this Act shall be deemed to include reference to this chapter and any reference in any law to part II of this Act shall be deemed to exclude reference to this chapter.

SEC. 554.762 DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS PEACEKEEPING OPERATIONS.

(a) UNITED STATES COSTS.-The President shall annually provide to the Secretary General of the United Nations data regarding all costs incurred by the United States Department of Defense during the preceding year in support of all United Nations Security Council resolutions as reported to the Congress pursuant to section 8079 of the Department of Defense Appropriations Act, 1998.

(b) UNITED NATIONS MEMBER COSTS.-The President shall request that the United Nations compile and publish information concerning costs incurred by United Nations members in support of such resolutions.

Chapter 7-Air Base Construction in Israel 763

Sec. 561.764 General Authority.-The President is authorized

(1) to construct such air bases in Israel for the Government of Israel as may be agreed upon between the Government of Israel and the Government of the United States to replace the

758 Sec. 114(b) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1528) increased the amount which may be transferred in any fiscal year from $10,000,000 to $15,000,000 and deleted language prohibiting earmarked funds from being transferred.

759 Subsec. (c), par. (2), and subsec. (d) were added by sec. 105(b) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195).

760 The Middle East Special Requirements Fund was originally added as sec. 903 of this Act by the FA Act of 1974 and moved to sec. 553 by the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 737). Sec. 553 was repealed by sec. 116(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3140). 761 22 U.S.C. 2348c. Originally added as sec. 554, was redesignated as sec. 553 by sec. 116(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96–533; 94 Stat. 3140).

762 22 U.S.C. 2348d. Sec. 722 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106–113; 113 Stat. 1536), added sec. 554.

763 Ch. 7 was added by sec. 3 of the Special International Security Assistance Act of 1979 (Public Law 96-35; 93 Stat. 89).

764 22 U.S.C. 2349.

Israeli airbases located at Etzion and Etam on the Sinai peninsula that are to be evacuated by the Government of Israel; and (2) for purposes of such construction, to furnish as a grant to the Government of Israel, on such terms and conditions as the President may determine, defense articles and defense services, which he may acquire from any source, of a value not to exceed the amount appropriated pursuant to section 562(a). Sec. 562.765 Authorization and Utilization of Funds.-(a) There is authorized to be appropriated to the President to carry out this chapter not to exceed $800,000,000, which may be made available until expended.766

(b) Upon agreement by the Government of Israel to provide to the Government of the United States funds equal to the difference between the amount required to complete the agreed construction work and the amount appropriated pursuant to subsection (a) of this section, and to make those funds available, in advance of the time when payments are due, in such amounts and at such times as may be required by the Government of the United States to meet those additional costs of construction, the President may incur obligations and enter into contracts to the extent necessary to complete the agreed construction work, except that this authority shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.

(c) Funds made available by the Government of Israel pursuant to subsection (b) of this section may be credited to the appropriation account established to carry out the purposes of this section for the payment of obligations incurred and for refund to the Government of Israel if they are unnecessary for that purpose, as determined by the President. Credits and the proceeds of guaranteed loans made available to the Government of Israel pursuant to the Arms Export Control Act, as well as any other source of financing available to it, may be used by Israel to carry out its undertaking to provide such additional funds.

Sec. 563.767 Waiver Authorities.-(a) It is the sense of the Congress that the President should take all necessary measures consistent with law to insure the efficient and timely completion of the construction authorized by this chapter, including the exercise of authority vested in him by section 633(a) of this Act.

(b) The provisions of paragraph (3) of section 636(a) of this Act shall be applicable to the use of funds available to carry out this chapter, except that no more than sixty persons may be engaged at any one time under that paragraph for purposes of this chapter.

765 22 U.S.C. 2349a.

766 The Supplemental Appropriations Act, 1979 (Public Law 96-35; 93 Stat. 103), provided the following:

"For necessary expenses to carry out the provisions of chapter 7 of the Foreign Assistance Act of 1961, as amended, $800,000,000, to remain available until expended: Provided, That authority to enter into contracts may be exercised to the extent necessary to carry out the purposes of that chapter.".

767 22 U.S.C. 2349b. See also sec. 6 of Executive Order 11223 which pertains to the administration of this chapter, in Legislation on Foreign Relations Through 2001, vol. I-B.

Chapter 8-Antiterrorism Assistance 768

Sec. 571.769 General Authority. Notwithstanding any other provision of law that restricts assistance to foreign countries (other than sections 502B and 620A of this Act),770 the President is authorized to furnish, on such terms and conditions as the President may determine, assistance to foreign countries in order to enhance the ability of their law enforcement personnel to deter terrorists and terrorist groups from engaging in international terrorist acts such as bombing, kidnaping, assassination, hostage taking, and hijacking. Such assistance may include training services and the provision of equipment and other commodities related to bomb detection and disposal, management of hostage situations, physical security, and other matters relating to the detection, deterrence, and prevention of acts of terrorism, the resolution of terrorist incidents, and the apprehension of those involved in such acts.

Sec. 572.771 Purposes.-Activities conducted under this chapter shall be designed

(1) to enhance the antiterrorism skills of friendly countries by providing training and equipment to deter and counter terrorism;

(2) to strengthen the bilateral ties of the United States with friendly governments by offering concrete assistance in this area of great mutual concern; and

(3) to increase respect for human rights by sharing with foreign civil authorities modern, humane, and effective antiterrorism techniques.

Sec. 573.772 Limitations. (a) Whenever the President determines it to be consistent with and in furtherance of the purposes of this chapter, and on such terms and conditions consistent with this Act as he may determine, any agency of the United States Government is authorized to furnish services and commodities, without charge to funds available to carry out this chapter, to an

768 Ch. 8 was added by the International Security and Development Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 972). Pursuant to Public Law 98-151, ch. 8 was enacted as contained in title II of H.R. 2992, as reported by the House Committee on Foreign Affairs on May 17, 1983, except for sec. 575 (redesignated in 1996 as sec. 574), which was included in Public Law 98-151.

Sec. 122 of Public Law 104-164 (110 Stat. 1428) provided the following: "SEC. 122. RESEARCH AND DEVELOPMENT EXPENSES.

"Funds made available for fiscal years 1996 and 1997 to carry out chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.; relating to antiterrorism assistance) may be made available to the Technical Support Working Group of the Department of State for research and development expenses related to contraband detection technologies or for field demonstrations of such technologies (whether such field demonstrations take place in the United States or outside the United States).".

769 22 U.S.C. 2349aa. Delegation of Authority No. 145 (February 4, 1984) delegated the functions conferred upon the President by chapter 8 to the Director of the Office for Combating Ter

rorism.

770 Sec. 121(a) of Public Law 104-164 (110 Stat. 1428) struck out “Subject to the provisions of this chapter", and inserted in lieu thereof "Notwithstanding any other provision of law that restricts assistance to foreign countries (other than sections 502B and 620A of this Act)". 771 22 U.S.C. 2349aa-1.

772 22 U.S.C. 2349aa-2. Sec. 121(b)(1) of Public Law 104-164 (110 Stat. 1428) struck out "SPECIFIC AUTHORITIES AND" from the section heading. Sec. 121(b)(2) of that Public Law struck out subsec. (a) of this section and redesignated subsecs. (b) through (f) as subsecs. (a) through (e), respectively. Subsec. (f), however, had been struck out previously by Public Law 104-132 (see note below). Subsec. (a) had read as follows:

"(a) Notwithstanding section 660 of this Act, services and commodities may be granted for the purposes of this chapter to eligible foreign countries, subject to reimbursement of the value thereof (within the meaning of section 644(m)) pursuant to section 632 of this Act from funds available to carry out this chapter.".