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nitions List, a statement of the aggregate dollar value and quantity of semiautomatic assault weapons, or spare parts for such weapons, the manufacture, transfer, or possession of which is unlawful under section 922 of title 18, United States Code, that were licensed for export during the period covered by the report.1191

(c) 1192 AVAILABILITY ON INTERNET.-All unclassified portions of such report shall be made available to the public on the Internet through the Department of State.

SEC. 656.1193 ANNUAL FOREIGN MILITARY TRAINING REPORT. (a) 1194 ANNUAL REPORT.

(1) 1194 IN GENERAL.-Not later than January 31 of each year, the Secretary of Defense and the Secretary of State shall jointly prepare and submit to the appropriate congressional committees a report on all military training provided to foreign military personnel by the Department of Defense and the Department of State during the previous fiscal year and all such training proposed for the current fiscal year.

(2) 1195 EXCEPTION FOR CERTAIN COUNTRIES.-Paragraph (1) does not apply to any NATO member, Australia, Japan, or New Zealand, unless one of the appropriate congressional committees has specifically requested, in writing, inclusion of such country in the report. Such request shall be made not later than 90 calendar days prior to the date on which the report is required to be transmitted.

(b) CONTENTS.-The report described in subsection (a) shall include the following:

1191 Sec. 1205(c) of the Security Assistance Act of 2002 (division B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1433) added ", including, in the case of defense articles that are firearms controlled under category I of the United States Munitions List, a statement of the aggregate dollar value and quantity of semiautomatic assault weapons, or spare parts for such weapons, the manufacture, transfer, or possession of which is unlawful under section 922 of title 18, United States Code, that were licensed for export during the period covered by the report".

1192 Sec. 1306(b) of the Arms Control, Nonproliferation, and Security Assistance Act of 1999 (division B 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 this subsec. as subsec. (d). It was subsequently redesignated as subsec. (c) by sec. 1262(b) of the Security Assistance Act of 2002 (division B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1434), which also struck former subsec. (c), which pertained to information relating to military imports. 1193 22 U.S.C. 2416. Sec. 1307 of the Arms Control, Nonproliferation, and Security Assistance Act of 1999 (division B 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. 656.

An earlier sec. 656-Limitations on United States Personnel and Personnel Assisted by United States in Cambodia-was added by Public Law 92-226 (86 Stat. 20), and was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95424; 92 Stat. 961).

Sec. 552 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2218), provided the following:

"FOREIGN MILITARY TRAINING REPORT

"SEC. 552. The annual foreign military training report required by section 656 of the Foreign Assistance Act of 1961 shall be submitted by the Secretary of Defense and the Secretary of State to the Committees on Appropriations of the House of Representatives and the Senate by the date specified in that section.".

1194 Sec. 1262(a)(1) of the Security Assistance Act of 2002 (division B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1434) struck out “(a) ANNUAL REPORT.-Not" and inserted in lieu thereof the subsec. (a) heading, and para. designation and text "(1) IN GENERAL.-Not".

1195 Sec. 1262(a)(2) of the Security Assistance Act of 2002 (division B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1434) added para. (2).

(1) For each military training activity, the foreign policy justification and purpose for the activity, the number of foreign military personnel provided training and their units of operation, and the location of the training.

(2) For each country, the aggregate number of students trained and the aggregate cost of the military training activi ties.

(3) With respect to United States personnel, the operational benefits to United States forces derived from each military training activity and the United States military units involved in each activity.

(c) FORM.-The report described in subsection (a) shall be in unclassified form but may include a classified annex.

(d) AVAILABILITY ON INTERNET.-All unclassified portions of the report described in subsection (a) shall be made available to the public on the Internet through the Department of State.

(e) DEFINITION.-In this section, the term "appropriate congressional committees" means—

(1) the Committee on Appropriations and the Committee on International Relations of the House of Representatives; and

(2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.

Sec. 657.1196 Annual Report on Military Assistance and Military Exports. *** [Repealed-1981]

Sec. 658.1197 Limitations on Use of Funds. *** [Repealed1978]

Sec. 659.1198 Access to Certain Military Bases Abroad. * * * [Repealed-1981]

Sec. 660.1199 Prohibiting Police Training. (a) On and after July 1, 1975, none of the funds made available to carry out this

1196 Sec. 657, added by the FA Act of 1971 (Public Law 92-226), was repealed by sec. 502(d)1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat 959). Subsequently, sec. 14 of the International Security Assistance Act of 1978 (Public Law 95384; 92 Stat. 739) added a new sec. 657. Sec. 657 was again repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). Some of the information previously required annually under sec. 657 on military assistance and military exports is now required by sec. 634(a)(10) of this Act and sec. 25(a) of the Arms Export Control Act.

1197 Sec. 658, added by the FA Act of 1971 (Public Law 92-226), was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

1198 Sec. 659, added by sec. 20(a) of the FA Act of 1974 (Public Law 93-559), was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). It formerly read as follows:

"Sec. 659. Access to Certain Military Bases Abroad.-None of the funds authorized to be appropriated for foreign assistance (including foreign military sales, credit sales, and guaranties) under this Act may be used to provide any kind of assistance to any foreign country in which a military base is located if

"(1) such base was constructed or is being maintained or operated with funds furnished by the United States;

"(2) personnel of the United States carry out military operations from such base; and

*(3) unless and until the President has determined that the government of such country has. consistent with security, authorized access, on a regular basis, to bona fide news media correspondents of the United States to such military base.".

1199 22 U.S.C. 2420. Sec. 30(a) of the FA Act of 1974 (Public Law 93-559) added sec. 660. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2208, 2225), provided the following:

"SPECIAL AUTHORITIES

"SEC. 534. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED BURMESE.-Funds appropriated by this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 512 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961.

Act, and none of the local currencies generated under this Act, shall be used to provide training or advice, or provide any financial support, for police, prisons, or other law enforcement forces for any foreign government or any program of internal intelligence or sur

and funds appropriated in titles I and II of this Act that are made available for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, subject to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law.

"(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.-In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability.

"COMMUNITY-BASED POLICE ASSISTANCE

"SEC. 564. (a) AUTHORITY.-Funds made available by this Act to carry out the provisions of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, strategic planning, and through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve. “(b) NOTIFICATION.-Assistance provided under subsection (a) shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.". The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117 Stat. 214), provided the following:

"COMMUNITY-BASED POLICE ASSISTANCE

"SEC. 582. (a) AUTHORITY.-Funds made available to carry out the provisions of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority in Jamaica and El Salvador through training and technical assistance in human rights, the rule of law, strategic planning, and through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict and foster improved police relations with the communities they serve.

"(b) REPORT.

"(1) The Administrator of the United States Agency for International Development_shall submit, at the time of submission of the agency's Congressional Budget Justification Document for fiscal year 2004, and annually thereafter, a report to the Committees on Appropriations describing the progress these programs are making toward improving police relations with the communities they serve and institutionalizing an effective community-based police program.

"(2) The requirements of paragraph (1) are in lieu of the requirements contains in section 587(b) of Public Law 107-115. "(c) NOTIFICATION.-Assistance provided under subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations.".

Sec. 104 of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691; 22 U.S.C. 2420 note) provided the following exemption:

"SEC. 104. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR FISCAL YEAR 1995 FROM PROHIBITION ON ASSISTANCE FOR LAW ENFORCEMENT AGENCIES.

"(a) EXEMPTION.-For fiscal year 1995, section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect to

"(1) transfers of excess defense articles under section 517 of that Act (22 U.S.C. 2321k); "(2) funds made available for the Foreign Military Financing Program' under section 23 of the Arms Export Control Act (22 U.S.C. 2763) that are used for assistance provided for narcotics-related purposes; or

"(3) international military education and training under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 and following) that is provided for narcoticsrelated purposes.

"(b) NOTIFICATION TO CONGRESS.-At least 15 days before any transfer under subsection (a)(1) or any obligation of funds under subsection (a)(2) or (a)(3), the President shall notify the appropriate congressional committees (as defined in section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the procedures applicable to reprogramming notifications under section 634A of that Act (22 U.S.C. 2394).

"(c) COORDINATION WITH INTERNATIONAL NARCOTICS CONTROL ASSISTANCE PROGRAM.-Assistance provided pursuant to this section shall be coordinated with international narcotics control assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.).".

veillance on behalf of any foreign government within the United States or abroad.

(b) Subsection (a) of this section shall not apply

(1) with respect to assistance rendered under section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968 1200 with respect to any authority of the Drug Enforcement Administration or the Federal Bureau of Investigation which relates to crimes of the nature which are unlawful under the laws of the United States, or with respect to assistance authorized under section 482 of this Act;

(2) to any contract entered into prior to the date of enactment of this section with any person, organization, or agency of the United States Government to provide personnel to conduct, or assist in conducting, any such program;

(3) 1201 with respect to assistance, including training, in maritime law enforcement and other maritime skills; 1202

(4) 1203 with respect to assistance provided to police forces in connection with their participation in the regional security system of the Eastern Caribbean states; or 1202

(5) 1202 with respect to assistance, including training, relating to sanctions monitoring and enforcement;

(6) 1202 with respect to assistance provided to reconstitute civilian police authority and capability in the post-conflict restoration of host nation infrastructure for the purposes of supporting a nation emerging from instability, and the provision of professional public safety training, to include training in internationally recognized standards of human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democracy; 1204

(7) 1204 with respect to assistance provided to customs authorities and personnel, including training, technical assistance and equipment, for customs law enforcement and the improvement of customs laws, systems and procedures.

Notwithstanding clause (2), subsection (a) shall apply to any renewal or extension of any contract referred to in such paragraph entered into on or after such date of enactment.

(c) 1205 Subsection (a) shall not apply with respect to a country which has a longstanding democratic tradition, does not have standing armed forces, and does not engage in a consistent pattern of gross violations of internationally recognized human rights.

1200 Public Law 90-351 (82 Stat. 197), approved June 19, 1968. Such sec. 515(c) was redesignated as sec. 515(b) by sec. 124 of Public Law 94-503.

1201 Sec. 127(b) by Public Law 99-83 (99 Stat. 205) added clause (3).

1202 Sec. 540A(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 737), struck out "; or" at the end of para. (3); added "; or" at the end of para. (4), and added new paras. (5) and (6).

1203 Sec. 594 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2060), added para. (4).

1204 Sec. 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106–113; 113 Stat. 1535), struck out a period at the end of para. (6), inserted in lieu thereof a semicolon, and added a new para. (7).

1205 Sec. 711 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 244) added subsecs. (c) and (d).

(d) 1205, 1206 Notwithstanding the prohibition contained in subsection (a), assistance may be provided to Honduras or El Salvador for fiscal years 1986 and 1987 if, at least 30 days before providing assistance, the President notifies the Committee on Foreign Affairs 1207 of the House of Representatives and the Committee on Foreign Relations of the Senate, in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act, that he has determined that the government of the recipient country has made significant progress, during the preceding six months, in eliminating any human rights violations including torture, incommunicado detention, detention of persons solely for the non-violent expression of their political views, or prolonged detention without trial. Any such notification shall include a full description of the assistance which is proposed to be provided and of the purposes to which it is to be directed.

SEC. 661.1208 TRADE AND DEVELOPMENT AGENCY.

(a) PURPOSE.-The Trade and Development Agency shall be an agency of the United States under the foreign policy guidance of the Secretary of State. The purpose of the Trade and Development Agency is to promote United States private sector participation in development projects in developing and middle-income countries, with special emphasis on economic sectors with significant United States export potential, such as energy, transportation, telecommunications, and environment. 1209

(b) AUTHORITY TO PROVIDE ASSISTANCE.

(1) AUTHORITY.-The Director of the Trade and Development Agency is authorized to work with foreign countries, including those in which the United States development programs have been concluded or those not receiving assistance under part I, to carry out the purpose of this section by providing funds for feasibility studies, architectural and engineering design, and other activities related to development projects which provide opportunities for the use of United States exports.

(2) USE OF FUNDS.-Funds under this section may be used to provide support for feasibility studies for the planning, development, and management of, and procurement for, bilateral and multilateral development projects, including training activities undertaken in connection with a project, for the purpose of promoting the use of United States goods and services in such projects. Funds under this section may also be used for architectural and engineering design, including

(A) concept design, which establishes the basic technical and operational criteria for a project, such as architectural drawings for a proposed facility, evaluation of site con

1206 See Presidential Determination No. 86-2 of October 29, 1985 (50 F.R. 48073), in which the President delegated authority to the Secretary of State to provide any future report required by sec. 660(d).

1207 Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives.

1208 22 U.S.C. 2421. Sec. 201 of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 Stat. 3655) amended and restated sec. 661. It was originally added by sec. 31 of the FA Act of 1974 (Public Law 93-559) as "Reimbursable Development Programs".

1209 Sec. 5(a) of the Export Enhancement Act of 1998 (Public Law 106-158; 113 Stat. 1746) inserted", with special emphasis on economic sectors with significant United States export potential, such as energy, transportation, telecommunications, and environment".

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