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Sec. 553.58 580 Middle East Special Requirements Fund.— *** [Repealed-1980]

Sec. 553.581 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 582

Sec. 561.583 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 (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. 562.584 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. 585

(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 Gov

580 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).

581 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).

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

583 22 U.S.C. 2349.

584 22 U.S.C. 2349a.

585 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.".

ernment 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. 563.586 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 587

Sec. 571.588 General Authority. Subject to the provisions of this chapter, 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. 572.589 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. 573.590 Specific Authorities and Limitations.-(a) Notwithstanding section 660 of this Act, services and commodities may be

586 22 U.S.C. 2349b. See also sec. 6 of Executive Order 11223 which pertains to the administration of this chapter (page 1031).

587 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, which was included in Public Law 98-151.

588 22 U.S.C. 2349aa. Delegation of Authority No. 1452 (February 4, 1984) delegated the functions conferred upon the President by chapter 8 to the Director of the Office for Combating Terrorism.

589 22 U.S.C. 2349aal.

590 22 U.S.C. 2349aa2.

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.

(b) 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 eligible foreign country, subject to payment in advance of the value thereof (within the meaning of section 644(m)) in United States dollars by the foreign country. Credits and the proceeds of guaranteed loans made available to such countries pursuant to the Arms Export Control Act shall not be used for such payments. Collections under this chapter shall be credited to the currently applicable appropriation, account, or fund of the agency providing such services and commodities and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used.

(c) The Assistant Secretary of State for Human Rights and Humanitarian Affairs shall be consulted in the development and implementation of the antiterrorism assistance program under this chapter, including determinations of the foreign countries that will be furnished assistance under this chapter and determinations of the nature of assistance to be furnished to each such country.

(d)(1) 591 Training services (including short term refresher training) provided pursuant to this chapter may be conducted outside the United States only if

(A) the training to be conducted outside the United States will be provided during a period of not more than 30 days; (B) such training relates to

(i) aviation security;

(ii) crisis management;

(iii) document screening techniques;

(iv) facility security;

(v) maritime security;

(vi) VIP protection; or

(vii) the handling of detector dogs, except that only short term refresher training may be provided under this clause; and

(C) at least 15 days before such training is to begin, the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified in accordance with the procedures applicable to reprogramming notifications.

(2) 591 Personnel of the United States Government authorized to advise eligible foreign countries on antiterrorism matters shall carry out their responsibilities, to the maximum extent possible, within the United States. Such personnel may provide advice out

591 Pars. (1), (2), and (3) were restated by sec. 213(b) of Public Law 101-604 (104 Stat. 3086). Par. (4) was comprehensively amended and restated by sec. 507 of Public Law 99-399 (100 Stat.

side the United States on antiterrorism matters to eligible foreign countries for periods not to exceed 30 consecutive calendar days.

(3) 591 (A) Except as provided in subparagraph (B), employees of the Department of State shall not engage in the training of law enforcement personnel or the provision of services under this chapter. (B) Subparagraph (A) does not apply to training (including short term refresher training) or services provided to law enforcement personnel by employees of the Bureau of Diplomatic Security with regard to crisis management, facility security, or VIP protection. (4) 591 (A) Articles on the United States Munitions List may be made available under this chapter only if—

(i) they are small arms in category I (relating to firearms), ammunition in category III (relating to ammunition) for small arms in category I, articles in category IV(c) or VI(c) (relating to detection and handling of explosive devices), articles in category X (relating to protective personnel equipment), or articles in paragraph (b), (c), or (d) of category XIII (relating to speech privacy devices, underwater breathing apparatus and armor plating), and they are directly related to antiterrorism training under this chapter;

(ii) the recipient country is not prohibited by law from receiving assistance under one or more of the following provisions: chapter 2 of this part (relating to grant military assistance), chapter 5 of this part (relating to international military education and training), or the Arms Export Control Act (relating to foreign military sales financing); and

(iii) at least 15 days before the articles are made available to the foreign country, the President notifies the Committee on Foreign Affairs of the House of Representatives and Committee on Foreign Relations of the Senate of the proposed transfer, in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act.

(B) The value (in terms of original acquisition cost) of all equipment and commodities provided under subsection (a) in any fiscal year may not exceed 25 percent of the funds made available to carry out this chapter for that fiscal year.

(C) No shock batons or similar devices may be provided under this chapter.

(5) Assistance under this chapter shall not include provision of services, equipment, personnel, or facilities involved in the collection of intelligence as defined in Executive Order 12333 of December 4, 1981, other than limited training in the organization of intelligence for antiterrorism purposes.

(e) This chapter does not apply to information exchange activities conducted by agencies of the United States Government under other authority for such purposes.

(f) 592 Funds made available to carry out this chapter may not be used for personnel compensation or benefits.

Sec. 574.593 Reports to Congress.-(a)(1) Not less than thirty days before providing assistance to a foreign country under this

592 Subsec. (f) was added by sec. 501(c) of Public Law 99-83 (99 Stat. 221).

593 22 U.S.C. 2349aa3.

chapter, the President shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a written notification which specifies—

(A) the country to which such assistance is to be provided;
(B) the type and value of the assistance to be provided;
(C) the terms and duration of assistance; and

(D) an explanation of how the proposed assistance will further the objectives of this chapter to assist eligible foreign countries in deterring terrorism.

(2) The chairman of either the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate may request, as deemed necessary, a current report on the state of observance of and respect for internationally recognized human rights in the country to which assistance is to be provided. In the event that a report is requested, no assistance under subsection (a) shall be provided to the country specified prior to transmittal of the report to the requesting committee.

(b) The annual congressional presentation materials shall include

(1) a list of the countries which received assistance under this chapter for the preceding fiscal year, a list of the countries which are programed to receive assistance under this chapter for the current fiscal year, and a list of the countries which are proposed as recipients of assistance under this chapter for the next fiscal year; and

(2) with respect to each country listed pursuant to paragraph (1) and for each such fiscal year, a description of the assistance under this chapter furnished, programed, or proposed, including

(A) the place where training or other services under this chapter were or will be furnished, the duration of such training or other services, and the number of personnel from that country which were or will receive training under this chapter;

(B) the types of equipment or other commodities which were or will be furnished under this chapter; and

(C) whether the assistance was furnished on a grant basis, on an advance payment basis, or on some other basis.

Each report shall also describe the ways in which the provision of such assistance has furthered the objective of enhancing the ability of foreign law enforcement authorities to deter acts of terrorism.

Sec. 575.594 Authorizations of Appropriations. (a) There are authorized to be appropriated to the President to carry out this

594 22 U.S.C. 2349aa4. The authorization for fiscal year 1986 was enacted by sec. 501(a) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219). The authorization for fiscal year 1987 of $14,680,000 was inserted in lieu of the amount of $9,840,000 (originally enacted by Public Law 99-83) by sec. 401 of Public Law 99-399 (100 Stat. 862). Previous authorizations include: fiscal year 1984 $5,000,000; 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.

Congress did not enact an authorization for fiscal year 1992. Fiscal year 1992 appropriations for this activity are $11,848,200 ($12,026,000, reduced by 1.4781 per cent as required by sec. 126 of Public Law 102-145, as amended). For relevant appropriations text, see paragraph on "AntiTerrorism Assistance", title II, Public Law 101-513, page 591.

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