Legislation on Foreign Relations Through ...

(1) attendance at military educational and training facilities in the United States (other than Service academies) and abroad;

(2) attendance in special courses of instruction at schools and institutions of learning or research in the United States and abroad; and

(3) observation and orientation visits to military facilities and related activities in the United States and abroad.

Sec. 542.620 Authorization.-There are authorized to be appropriated to the President to carry out the purposes of this chapter $56,221,000 for the fiscal year 1986 and $56,221,000 for the fiscal year 1987.621, 622

Sec. 543.623 Purposes.-Education and training activities conducted under this chapter shall be designed

(1) to encourage effective and mutually beneficial relations and increased understanding between the United States and

820 22 U.S.C. 2347a.

621 The authorization figures for fiscal year 1986 and 1987 were added by sec. 104 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195). Authorizations under sec. 542 during recent years included the following: fiscal year 1976$27,000,000; fiscal year 1977-$30,200,000; fiscal year 1978-$31,000,000; fiscal year 1979$31,800,000; fiscal year 1980-$31,800,000; fiscal year 1981-$34,000,000; fiscal year 1982$42,000,000; fiscal year 1983-$42,000,000; fiscal year 1984-$56,452,000; fiscal year 1985-no authorization; fiscal year 1988-no authorization; fiscal year 1989-no authorization; fiscal year 1990 no authorization; fiscal year 1991-no authorization; fiscal year 1992-no authorization; fiscal year 1993-no authorization; fiscal year 1994-no authorization.

Congress did not enact an authorization for fiscal year 1995. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306), waived the requirements for authorization, and title III of that Act (108 Stat. 1619, 1622) provided the following:

"INTERNATIONAL MILITARY EDUCATION AND TRAINING

"For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $25,500,000: Provided, That up to $300,000 of the funds appropriated under this heading may be made available for grant financed military education and training for any country whose annual per capita GNP exceeds $2,349 on the condition that that country agrees to fund from its own resources the transportation cost and living allowances of its students: Provided further, That the civilian personnel for whom military education and training may be provided under this heading may also include members of national legislatures who are responsible for the oversight and management of the military, and may also include individuals who are not members of a government: Provided further, That none of the funds appropriated under this heading shall be available for Indonesia, Rwanda, and Zaire: Provided further, That a report is to be submitted to the Committees on Appropriations addressing how the proposed School of the Americas IMET program for fiscal year 1995 will contribute to the promotion of human rights, respect for civilian authority and the rule of law, the establishment of legitimate judicial mechanisms for the military, and achieving the goal of right sizing military forces: Provided further, That none of the funds appropriated under this heading or under the heading Militaryto Military Contact Program' may be made available for Thailand or Algeria except through the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall submit, by February 1, 1995, a report to the Committees on Appropriations on the Thai military's support for the Khmer Rouge and the Thai Government's efforts to impede support for Burmese democracy advocates, exiles, and refugees.

"PEACEKEEPING OPERATIONS

"(INCLUDING TRANSFER OF FUNDS)

"For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $75,000,000: Provided, That of this amount up to $850,000 may be transferred to, and merged with, funds appropriated under the heading International Military Education and Training' to carry out the provisions of section 541 of the Act: Provided further, That funds transferred under the previous proviso shall be in addition to amounts that may be transferred between accounts under the authority of any other provision of law.”.

622 Sec. 734(aX1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out the second sentence of sec. 542. This sentence had prohibited training under this section outside the United States after June 30, 1976, unless the President reported and justified such training to the Congress.

623 22 U.S.C. 2347b.

foreign countries in furtherance of the goals of international peace and security;

(2) to improve the ability of participating foreign countries to utilize their resources, including defense articles and defense services obtained by them from the United States, with maximum effectiveness, thereby contributing to greater self-reliance by such countries; and

(3) 624 to increase the awareness of nationals of foreign countries participating in such activities of basic issues involving internationally recognized human rights.

Sec. 544,625, 626 Exchange Training.-In carrying out this chapter, the President is authorized to provide for attendance of foreign military personnel at professional military education institutions in the United States 627 (other than service academies) without charge, and without charge to funds available to carry out this chapter (notwithstanding section 632(d) of this Act), if such attendance is pursuant to an agreement providing for the exchange of students on a one-for-one, reciprocal basis each fiscal year between those United States professional military education institutions and comparable institutions of foreign countries and international organizations.

Sec. 545.628 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.

Chapter 6-Peacekeeping Operations 629

Sec. 551.630 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 1945,631 except that such reimbursements

624 Par. (3) was added by sec. 11(bX3) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736).

625 22 U.S.C. 2347c.

626 Sec. 544 was added by sec. 126 of the International Security and Development Cooperation Act of 1985 (Public Law 99–83; 99 Stat. 205).

627 Sec. 935 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 provided the following:

"(a) AUTHORITY.-The United States Army Russian Institute in Garmisch-Partenkirchen, Federal Republic of Germany, shall be treated for purposes of section 544 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c) as if it were located in the United States.

"(b) EXPIRATION OF AUTHORITY.-Subsection (a) shall cease to be in effect upon the enactment in foreign assistance authorizing legislation of an amendment to section 544 of the Foreign Assistance Act of 1961 that provides the same authority as is provided by subsection (a).”.

628 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).

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

630 22 U.S.C. 2348.

631 For text, see Legislation on Foreign Relations Through 1994, vol. II, sec. H.

may not exceed $5,000,000 in any fiscal year unless a greater amount is specifically authorized by this section.632

Sec. 552.633 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 1987.634

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

(c) 635 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 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 636 (2) 637 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.638

632 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).

633 22 U.S.C. 2348a.

634 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 year 1988-no authorization; fiscal year 1989-no authorization; fiscal year 1990-no authorization; fiscal year 1991-no authorization; fiscal year 1992—no authorization; fiscal year 1993-no authorization; fiscal year 1994—no authorization.

Sec. 4(bX1) 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 1994, vol. II, sec. G.

"PEACEKEEPING OPERATIONS

"(INCLUDING TRANSFER OF FUNDS)

"For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $75,000,000: Provided, That of this amount up to $850,000 may be transferred to, and merged with, funds appropriated under the heading International Military Education and Training to carry out the provisions of section 541 of the Act: Provided further, That funds transferred under the previous proviso shall be in addition to amounts that may be transferred between accounts under the authority of any other provision of law.".

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

636 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.

637 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).

838 In a memorandum of December 18, 1993, for the Secretaries of State and Defense, the President determined, pursuant to sec. 552(c)2) of this Act, that:

Continued

(d) 637 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. 553.639 Middle East Special Requirements Fund.— *** [Repealed-1980]

Sec. 553.640 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.

Chapter 7-Air Base Construction in Israel 641

Sec. 561.642 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 Israeli airbases located at Etzion and Etam on the Sinai peninsula that are to be evacuated by the Government of Israel; and

"(1) as a result of an unforeseen emergency, the provision of assistance under Chapter 6 of Part II of the Act in amounts in excess of funds otherwise available for such assistance is important to the national interests of the United States; and

"(2) such unforeseen emergency requires the immediate provision of assistance under Chapter 6 of Part II of the Act.

"I therefore direct the drawdown of commodities and services from the inventory and re sources of the Department of Defense of an aggregate value not to exceed $13.5 million to maintain Egypt's military readiness and security in view of the dedication of Egyptian resources to the United Nations Operation in Somalia (UNOSOM II).” (Presidential Determination No. 947 of December 18, 1993; 59 F.R. 1).

Authority vested in the President in sec. 552(c)(2) was invoked to drawdown "commodities and services from the inventory and resources of the Department of Defense of an aggregate value not to exceed $4 million to Israel for use by the Palestinian police pursuant to the PalestinianIsraeli Declaration of Principles of September 13, 1993, and its implementing agreements." (Presidential Determination No. 94-21 of March 30, 1994; 59 F.R. 17227).

Authority vested in the President in sec. 552(c)(2) was invoked to drawdown "commodities and services from the inventory and resources of the Department of the Treasury of an aggregate value not to exceed $1.1 million to support international sanctions enforcement efforts against Serbia and Montenegro, in addition to that which I directed in Presidential Determination 94 16 of March 16, 1994." (Presidential Determination No. 94-42 of August 8, 1994; 59 F.R. 42151). Authority vested in the President in sec. 552(c)2) was invoked to drawdown "commodities and services from the inventory and resources of the Department of the Treasury of an aggregate value not to exceed $3 million to support the international Serbia and Montenegro sanctions program enforcement efforts." (Presidential Determination No. 95-5 of November 15, 1994; 59 F.R. 60695).

Authority vested in the President in sec. 552(c)2) was invoked to drawdown "commodities and services from the inventory and resources of the Department of Defense of an aggregate value not to exceed $5 million to provide and transport 200 vehicles and concurrent spare parts to Israel for use by the Palestinian police force." (Presidential Determination No. 95-17 of March 16, 1995; 60 F.Ř. 16035).

639 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). 640 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).

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

642 22 U.S.C. 2349.

(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. 562,643 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.644

(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. 563.645 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.

Chapter 8-Antiterrorism Assistance 646

Sec. 571.647 General Authority.-Subject to the provisions of this chapter, the President is authorized to furnish, on such terms

643 22 U.S.C. 2349a.

644 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.".

645 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 1994, vol. I–B.

646 Ch. 8 was added by the International Security and Development Assistance Authorizations Act of 1983 (sec. 101(bX2) of the Further Continuing Appropriations, 1984; Public Law 98–151; Continued

« Précédent Continuer »

Livres

Legislation on Foreign Relations Through ..., Volume 1,Partie 1