this chapter (notwithstanding section 632(d) of this Act). Such training must satisfy common requirements with the United States for post-undergraduate flying and tactical leadership training.

(2) Cooperative arrangements under this subsection shall require an equitable contribution of support and services from each participating country. The President may waive the requirement for an equitable contribution of a participating foreign country if he determines that to do so is important to the national security interests of the United States.

(3) Costs incurred by the United States shall be charged to the current applicable appropriations accounts or funds of the participating United States Government agencies.

Sec. 545.811 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. 546.812 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. 547.813 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. 548.814 RECORDS REGARDING FOREIGN PARTICIPANTS.

(a) DEVELOPMENT AND MAINTENANCE OF DATABASE.—In 815 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

611 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).

12 22 U.S.C. 2347c. Added by sec. 112(c)(1) of Public Law 104-164 (110 Stat. 1427).

$13 22 U.S.C. 2347f. Added by sec. 202 of the Security Assistance Act of 2000 (Public Law 106280, 114 Stat. 851).

$14 22 USC 2347g. Added by sec. 202 of the Security Assistance Act of 2000 (Public Law 106280, 114 Stat. 851).

Sec. 581 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117 Stat. 213), provided the following:

"TRAINING PROGRAM EVALUATION

"SEC. 581. Not later than June 30, 2003, the Secretary of State, in consultation with the Secretary of Defense, shall submit a report to the Committees on Appropriations describing in detail the steps that the Departments of State and Defense are making to improve performance evaluation procedures for the International Military Education and Training (IMET) program and the progress that the Departments of State and Defense are making in implementing section 548 of the Foreign Assistance Act of 1961.".

15 Sec. 1212(b)(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1429) struck out "In" and inserted in lieu thereof "(a) DEVELOPMENT AND MAINTENANCE of DatabaSE.-In".

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.

(b) 816 ANNUAL LIST OF FOREIGN PERSONNEL.-For the purposes of preparing the report required pursuant to section 549 of this Act, the Secretary of State may annually request the Secretary of Defense to provide information contained in the database, with respect to a list submitted to the Secretary of Defense by the Secretary of State, that contains the names of foreign personnel or military units. To the extent practicable, the Secretary of Defense shall provide, and the Secretary of State may take into account, the information contained in the database, if any, relating to the Secretary of State's submission.

(c) 816 UPDATING OF DATABASE.-If the Secretary of State determines and reports to Congress under section 549 of this Act that a foreign person identified in the database maintained pursuant to this section was involved in a violation of internationally recognized human rights, the Secretary of Defense shall ensure that the database is updated to contain such fact and all relevant information.

SEC. 549.817 HUMAN RIGHTS REPORT.

(a) IN GENERAL.-Not later than March 1 of each year, the Secretary of State shall submit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a report describing, to the extent practicable, any involvement of a foreign military or defense ministry civilian participant in education and training activities under this chapter in a violation of internationally recognized human rights reported under section 116(d) of this Act subsequent to such participation.

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

Chapter 6-Peacekeeping Operations 818

Sec. 551.819 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 1945,820 except that such reimbursements

816 Sec. 1212(b)(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1429) added subsecs. (b) and (c).

817 22 U.S.C. 2347h. Added by sec. 1212(a) of the Security Assistance Act of 2002 (division B of Public Law 107-228; 116 Stat. 1428).

818 Sec. 12(a) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736) added chapter 6.

819 22 U.S.C. 2348.

820 For text, see Legislation on Foreign Relations Through 2004, vol. II, sec. H.

may not exceed $5,000,000 in any fiscal year unless a greater amount is specifically authorized by this section.821

Sec. 552.822 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 1987.823

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

(c) 824 If the President determines that, as the result of an unforeseen emergency, the provision of assistance under this chapter

821 Sec. 10(b) of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 705) added this sentence.

822 22 U.S.C. 2348a.

823 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"; fiscal year 2002-no authorization; fiscal year 2003 (in Public Law 107-228)-$725,981,000; fiscal years 2004 and 2005-no authorization.

For fiscal year 2003, sec. 113 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1358), provided the following:

“SEC. 107. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

"(a)

"(b) CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.-There is authorized to be appropriated under the heading Contributions for International Peacekeeping Activities' $725,981,000 for the fiscal year 2003 for the Department 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 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108-447), waived the requirements for authorization, and title III of that Act (118 Stat. 2809) provided the following:

"PEACEKEEPING OPERATIONS

"For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $104,000,000: 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; sec. 569-Sudan; sec. 585-War Crimes in Africa; and sec. 592-Compliance with the Algiers Agreement.

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 2004, vol. II, sec. G.

824 Sec. 10(c) of the International Security Assistance Act of 1979 (Public Law 96–92; 93 Stat. 705) added subsec. (c).

Sec. 545 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:

"WAR CRIMES TRIBUNALS DRAWDOWN

"SEC. 545. 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 of up to $30,000,000 of commodities and services for the United Nations War Crimes Tribunal estabhshed 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 the drawdown made under this section for any tribunal shall not be construed as an endorsement or precedent for the establishment of any standing or permanent international criminal tribunal or court: Provided further, That funds made available for tribunals other than Yugoslavia, Rwanda, or the Special Court Continued

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 825 (2) 826 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) 826 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. 553.827 Middle East Special Requirements Fund. * * [Repealed-1980]

Sec. 553.828 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. 554.829 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

for Sierra Leone shall be made available subject to the regular notification procedures of the Committees on Appropriations.".

825 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.

826 Sec. 105(b) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195) added subsec. (c)(2), and subsec. (d).

On October 22, 2004, the President determined that: "(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 up to $2,500,000 in commodities and services from the Department of Defense to support the transportation of African Union forces to Darfur, Sudan." (Presidential Determination No. 2005-06; 69 F.R. 64475).

827 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). 828 22 U.S.C. 2348c. Originally added as sec. 554 by sec. 12(a) of Public Law 95-384 (92 Stat. 737). 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).

829 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.

concerning costs incurred by United Nations members in support of such resolutions.

Chapter 7-Air Base Construction in Israel 830

Sec. 561.831 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. 562.832 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.833

(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.

30 Sec. 3 of the Special International Security Assistance Act of 1979 (Public Law 96–35; 93 Stat 89) added chapter 7.

*31 22 U.S.C. 2349.

832 22 U.S.C. 2349a.

833 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.".