(2) $1,785,000,000 for the fiscal year 1986 and $1,785,000,000 for the fiscal year 1987 for assistance under this chapter for recipients or purposes other than the countries referred to in paragraph (1).788

(b) Amounts appropriated to carry out this chapter are authorized to remain available until expended.

Sec. 533.789 Emergency Assistance. (a) Of the funds appropriated to carry out this chapter up to $75,000,000 for the fiscal

"(2) $300,000,000, to remain available until September 30, 2005, shall be made available only for grants for Egypt: Provided, That during the period beginning March 1, 2003, and ending September 30, 2005, loan guarantees may be made to Egypt, the principal amount, any part of which is to be guaranteed, shall not exceed $2,000,000,000: Provided further, That the Government of Egypt will incur all the costs, as defined in section 502 of the Federal Credit Reform Act of 1990, as amended, associated with these loan guarantees, including any non-repayment exposure risk: Provided further, That all fees associated with these loan guarantees, including subsidy and administrative costs, shall be paid by the Government of Egypt to the Government of the United States: Provided further, That funds made available under this paragraph and other funds appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 and made available for assistance for Egypt may be used by the Government of Egypt to pay such fees to the United States Government: Provided further, That such guarantees shall constitute obligations, in accordance with the terms of such guarantees, of the United States and the full faith and credit of the United States is hereby pledged for full payment and performance of such obligations: Provided further, That the President shall determine the terms and conditions for issuing the economic assistance authorized by this paragraph and should take into consideration budgetary and economic reforms undertaken by Egypt: Provided further, That if the President determines that these terms and conditions have been breached, the President may suspend or terminate the provision of all or part of such economic assistance not yet outlayed under this paragraph;

"(3) not to exceed $1,000,000,000, to remain available until September 30, 2005, for grants for Turkey: Provided, That during the period beginning March 1, 2003, and ending September 30, 2005, direct loans or loan guarantees may be made to Turkey, the principal amount of direct loans or loans, any part of which is to be guaranteed, shall not exceed $8,500,000,000: Provided further, That the Government of Turkey will incur all the costs, as defined in section 502 of the Federal Credit Reform Act of 1990, as amended, associated with these loans or loan guarantees, including any non-repayment exposure risk: Provided further, That all fees associated with these loans or loan guarantees, including subsidy and administrative costs, shall be paid by the Government of Turkey to the Government of the United States: Provided further, That funds made available under this paragraph and other funds appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 and made available for assistance for Turkey may be used by the Government of Turkey to pay such fees to the United States Government: Provided further, That such guarantees shall constitute obligations, in accordance with the terms of such guarantees, of the United States and the full faith and credit of the United States is hereby pledged for the full payment and performance of such obligations: Provided further, That none of the funds made available by this paragraph may be made available for assistance for Turkey if the Secretary of State determines and reports to the Committees on Appropriations of the House and Senate, the Committee on Foreign Relations of the Senate and Committee on International Relations of the House that the Government of Turkey is not cooperating with the United States in Operation Iraqi Freedom, including the facilitation of humanitarian assistance to Iraq, or has unilaterally deployed troops into northern Iraq: Provided further, That the President shall determine the terms and conditions for issuing the economic assistance authorized by this paragraph and should take into consideration budgetary and economic reforms undertaken by Turkey: Provided further, That if the President determines that these terms and conditions have been breached, the President may suspend or terminate the provision of all or part of such economic assistance not yet outlayed under this paragraph: Provided further, That any balance of funds not made available to Turkey under this paragraph shall be transferred to, and merged with, funds appropriated for 'Iraq Relief and Reconstruction Fund';

"(4) not less than $30,000,000 for the Philippines to further prospects for peace in Mindanao, and not less than $167,000,000 for assistance for Afghanistan: Provided, That of the funds appropriated under this heading, $10,000,000 should be made available for investigations and research into allegations of war crimes, crimes against humanity, or genocide committed by Saddam Hussein or other Iraqis, and for a contribution to an international tribunal to bring these individuals to justice;

"(5) regional funds made available under this heading for assistance that are not specified in paragraphs (1) through (4) shall be subject to the regular notification procedures of the Committees on Appropriations; and

"(6) unless otherwise specified herein, funds appropriated under this heading shall remain available until September 30, 2004.". 789 22 U.S.C. 2346b. Sec. 202 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1529) added sec. 535. Sec. 201(b) of the International Secu

year 1986 and up to $75,000,000 for the fiscal year 1987 may be made available for emergency use under this chapter when the national interests of the United States urgently require economic support to promote economic or political stability.

(b) Notwithstanding any provision of this chapter or of an appropriations act (including a joint resolution making continuing appropriations) which earmarks funds available to carry out this chapter for a specific country or purpose, up to 5 percent of each amount so earmarked may be used to carry out this section.

Sec. 534.790 Administration of Justice.-(a) The President may furnish assistance under this chapter to countries and organizations, including national and regional institutions, in order to strengthen the administration of justice in countries in Latin America and the Caribbean.

(b) Assistance under this section may only include

(1) support for specialized professional training, scholarships, and exchanges for continuing legal education;

(2) programs to enhance prosecutorial and judicial capabilities and protection for participants in judicial cases;

(3) 791 notwithstanding section 660 of this Act—

(A) programs to enhance professional capabilities to carry out investigative and forensic functions conducted under judicial or prosecutorial control;

(B) programs to assist in the development of academic instruction and curricula for training law enforcement personnel;

(C) programs to improve the administrative and management capabilities of law enforcement agencies, especially their capabilities relating to career development, personnel evaluation, and internal discipline procedures; and

(D) programs, conducted through multilateral or regional institutions, to improve penal institutions and the rehabilitation of offenders;

(4) strengthening professional organizations in order to promote services to members and the role of the bar in judicial selection, enforcement of ethical standards, and legal reform;

(5) increasing the availability of legal materials and publications;

rity and Development Cooperation Act of 1985 replaced the years "1982" and "1983" with "1986" and "1987".

790 22 U.S.C. 2346c. Added by sec. 712 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 244).

791 Sec. 579 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 1329-181), amended and restated para. (3). It previously read as follows: “(3) notwithstanding section 660 of this Act, programs to enhance investigative capabilities, conducted under judicial or prosecutorial control".

Functions conferred upon the President in subparas. (A), (B), and (C) were delegated to the Assistant Administrator for Latin America and the Caribbean of the Agency for International Development in Department of State Delegation No. 189 of April 4, 1991 (56 F.R. 15127; April 15, 1991). The same delegation of authority further provided that activities covered by the subparagraphs ** ** shall be implemented in coordination with the International Criminal Investigative Training Assistance Program of the U.S. Department of Justice. Funds made available in any fiscal year for such assistance shall not exceed $500,000.". Department of State Delegation of Authority No. 145-17 of June 13, 2000 (65 F.R. 41745) amended the 1991 delegation of authority, stating this delegation anew but omitting the earlier sentence that limited funds.

(6) seminars, conferences, and training and educational programs to improve the administration of justice and to strengthen respect for the rule of law and internationally recognized human rights; and

(7) revision and modernization of legal codes and procedures. (c) Not more than $20,000,000 of the funds made available to carry out this chapter for any fiscal year shall be available to carry out this section, in addition to amounts otherwise available for such purposes.

(d) Funds may not be obligated for assistance under this section unless the Committee on Foreign Affairs 792 of the House of Representatives and the Committee on Foreign Relations of the Senate are notified of the amount and nature of the proposed assistance at least 15 days in advance in accordance with the procedures applicable to reprogrammings pursuant to section 634A of this Act. (e) 793 Personnel of the Department of Defense and members of the United States Armed Forces may not participate in the provision of training under this section. Of the funds made available to carry out this section, not more than $10,000,000 may be made available in fiscal year 1991 794 to carry out the provisions of subsection (b)(3) of this section. The authority of this section shall expire on September 30, 1991.

Sec. 535.795 Economic Support for Disadvantaged South Africans. *** [Repealed-1993]

Chapter 5-International Military Education and

Training 796

Sec. 541.797 General Authority.-The President is authorized to furnish, on such terms and conditions consistent with this Act as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and re

792 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.

793 Subsec. (e) was substantively amended by sec. 579 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 1329-181). Previously, it had an expiration date of September 30, 1987. The authority of this section was further extended from September 30, 1989, by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1206); and from September 30, 1990, by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1990). For fiscal year 1992, Public Law 102-145, as amended, waived the last sentence with certain provisos.

794 Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1990), struck out "fiscal year 1990" and inserted in lieu thereof "fiscal year 1991". Previously, title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1206), struck out "each of fiscal years 1988 and 1989" and inserted in lieu thereof "fiscal year 1990". Public Law 101-513 also amended the third sentence to extend the authority of this section to 1991. Sec. 2(b)(6) of the International Narcotics Control Act of 1990 (Public Law 101-623; 104 Stat. 3351), raised authorization from $7,000,000 to $10,000,000, and extended authorization to 1991, which was already extended by Public Law 101-513.

795 Formerly at 22 U.S.C. 2346d. Sec. 4(a)(3)(B) of the South African Democratic Transition Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) repealed sec. 535. It originally was added by sec. 511 of Public Law 99-440 (100 Stat. 411). Sec. 535 provided up to $40,000,000 in each fiscal year for or assistance for activities supporting disadvantaged South Africans, including scholarships, participation in trade unions, private enterprise, and alternative education and community development programs.

796 Sec. 106(a) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 732) added chapter 5.

797 22 U.S.C. 2347. See also the American Servicemembers' Protection Act (title II of Public Law 107-206; 116 Stat. 899; 22 U.S.C. 7421 et seq.).

lated civilian personnel of foreign countries. Such civilian personnel shall include foreign governmental personnel of ministries other than ministries of defense, and may also include legislators 798 and individuals who are not members of the government,799 if the military education and training would (i) contribute to responsible defense resource management, (ii) foster greater respect for and understanding of the principle of civilian control of the military, (iii) contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement efforts, or (iv) 800 improve military justice systems and procedures in accordance with internationally recognized human rights.801 Such training and education may be provided 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. 542.802 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 1987.803, 804

798 Sec. 10(1) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4934) inserted ", and may also include legislators," after "ministries of defense".

799 Sec. 112(a) of Public Law 104-164 (110 Stat. 1427) added "and individuals who are not members of the government" after “legislators”.

800 Sec. 10(2) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4934) redesignated clause (iii) as (iv) and inserted clause (iii).

801 Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1997), added this sentence.

802 22 U.S.C. 2347a.

803 Sec. 104 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195) added authorization figures for fiscal year 1986 and 1987. 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 years 1988 through 2000-no authorization; fiscal year 2001 (in Public Law 106-280) — $55,000,000; fiscal year 2002 (in Public Law 106-280)-$65,000,000; fiscal year 2003 (in Public Law 107-228)-$85,000,000; fiscal years 2004 and 2005-no authorization.

Title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108-447; 118 Stat. 2809), 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, $89,730,000, of which up to $3,000,000 may remain available until expended: Prorided, That the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights: Provided further, That funds appropriated under this heading for military education and training for Guatemala may only be available for expanded international military education and training, and funds made available for Haiti, the Democratic Republic of the Congo, and Nigeria may only be provided through the regular notification procedures of the Committees on Appropriations.".

See also in that Act: sec. 505-Limitation on Representational Allowances; 515-Notification Requirements; sec. 548-Prohibition of Payment of Certain Expenses; and sec. 572-Indonesia.

Sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Pubbie 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.

Sec. 543.805 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 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) 806 to increase the awareness of nationals of foreign countries participating in such activities of basic issues involving internationally recognized human rights.

Sec. 544.807 Exchange Training.-(a) 808 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 809 (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.

(b) 808 The President may provide for the attendance of foreign military and civilian defense personnel at flight training schools and programs (including test pilot schools) in the United States 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 basis each fiscal year between those United States flight training schools and programs (including test pilot schools) and comparable flight training schools and programs of foreign countries.

(c) 810 (1) The President is authorized to enter into cooperative arrangements providing for the participation of foreign and United States military and civilian defense personnel in post-undergraduate flying training and tactical leadership programs at training locations in Southwest Asia without charge to participating foreign countries, and without charge to funds available to carry out

805 22 U.S.C. 2347b.

806 Sec. 11(b)(3) of the International Security Assistance Act of 1978 (Public Law 95–384; 92 Stat. 736) added para. (3).

807 22 U.S.C. 2347c. Added by sec. 126 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 205).

808 Sec. 112(b) of Public Law 104-164 (110 Stat. 1427) added subsec. designation “(a)” and added subsec. (b).

809 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).".

810 Sec. 1213 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 subsec. (c).