Sec. 563.834 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 835

Sec. 571.836 General Authority. Notwithstanding any other provision of law that restricts assistance to foreign countries (other than sections 502B and 620A of this Act),837 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. 572.838 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.

834 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 2004, vol. I-B.

835 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) added chapter 8. Pursuant to Public Law 98-151, chapter 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 (redesignated in 1996 as sec. 574), which was included in Public Law 98-151. Sec. 122 of Public Law 104-164 (110 Stat. 1428) provided the following:

"SEC. 122. RESEARCH AND DEVELOPMENT EXPENSES.

"Funds made available for fiscal years 1996 and 1997 to carry out chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.; relating to antiterrorism assistance) may be made available to the Technical Support Working Group of the Department of State for research and development expenses related to contraband detection technologies or for field demonstrations of such technologies (whether such field demonstrations take place in the United States or outside the United States).".

836 22 U.S.C. 2349aa. Delegation of Authority No. 145 (February 4, 1984) delegated the functions conferred upon the President by chapter 8 to the Director of the Office for Combating Ter

rorism.

837 Sec. 121(a) of Public Law 104-164 (110 Stat. 1428) struck out "Subject to the provisions of this chapter", and inserted in lieu thereof "Notwithstanding any other provision of law that restricts assistance to foreign countries (other than sections 502B and 620A of this Act)". 838 22 U.S.C. 2349aa-1.

Sec. 573.839 Limitations.-(a) 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.

(b) The Assistant Secretary of State for Democracy, Human Rights, and Labor 840 shall be consulted in the 841 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.

(c) 842 (1) Arms and ammunition may be provided under this chapter only if they are directly related to antiterrorism assistance.

839 22 U.S.C. 2349aa-2. Sec. 121(b)(1) of Public Law 104–164 (110 Stat. 1428) struck out “SPECIFIC AUTHORITIES AND" from the section heading. Sec. 121(b)(2) of that Public Law struck out subsec. (a) of this section and redesignated subsecs. (b) through (f) as subsecs. (a) through (e), respectively. Subsec. (f), however, had been struck out previously by Public Law 104-132 (see note below). Subsec. (a) had read as follows:

“(a) Notwithstanding section 660 of this Act, services and commodities may be 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.".

840 Sec. 163(e)X(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), amended the title designation by striking out "Human Rights and Humanitarian Affairs", and inserting in lieu thereof "Democracy, Human Rights, and Labor".

841 Sec. 328(a)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1257) struck out "development and implementation of the antiterrorism assistance program under this chapter, including" at this point.

842 Subsec. (c), redesignated from subsec. (d) by sec. 121(b)(3) of Public Law 104-164 (110 Stat. 1428), was amended and restated by sec. 328(a)(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1257). Portions were amended and restated earhier by sec. 213(b) of Public Law 101-604 (104 Stat. 3086), sec. 507 of Public Law 99-399 (100 Stat. 873).

In view of amendments to this subsection by Public Law 104-132, amendments contained in sec. 121(b)(4) of Public Law 104-164 (110 Stat. 1428) cannot be executed. Sec. 121(b)(4) of that Public Law required: b) LIMITATIONS.-Section 573 of such Act (22 U.S.C. 2349aa-2) is amended

"(4) in subsection (c) (as redesignated)

"(A) by striking paragraphs (1) and (2);

"(B) by redesignating paragraphs (3) through (5) as paragraphs (1) through (3), respectively; and

"(C) by amending paragraph (2) (as redesignated) to read as follows:

*2XA) Except as provided in subparagraph (B), funds made available to carry out this chapter shall not be made available for the procurement of weapons and ammunition.

(B) Subparagraph (A) shall not apply to small arms and ammunition in categories I and III of the United States Munitions List that are integrally and directly related to antiterrorism training provided under this chapter if, at least 15 days before obligating those funds, the President notifies the appropriate congressional committees specified in section 634A of this Act in accordance with the procedures applicable to reprogramming notifications under such section. *C) The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year may not exceed 25 percent of the funds made available to carry out this chapter for that fiscal year.'".

(2) The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year shall not exceed 30 percent of the funds made available to carry out this chapter for that fiscal year.

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

(f) 843 [Repealed-1996]

Sec. 574,844 ** * [Repealed-1996]

Sec. 574.845 Authorizations of Appropriations.-(a) There are authorized to be appropriated to the President to carry out this

843 Subsec. (f) was added by sec. 501(c) of Public Law 99-83 (99 Stat. 221), and struck out by sec. 328(a)(3) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104132; 110 Stat. 1257). It had read as follows:

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

844 Formerly at 22 U.S.C. 2349aa-3. Sec. 121(c) of Public Law 104-164 (110 Stat. 1428) repealed sec. 574, which had required reports to Congress on antiterrorism assistance.

845 22 U.S.C. 2349aa-4. Redesignated from sec. 575 to sec. 574 by sec. 121(d) of Public Law 104-164 (110 Stat. 1428). Sec. 1251 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 funding levels for fiscal year 2003. Previously, sec. 401 of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 854) struck out funding levels of "$9,840,000 for the fiscal year 1986 and $14,680,000 for the fiscal year 1987" and inserted in lieu thereof "$72,000,000 for fiscal year 2001 and $73,000,000 for fiscal year 2002.". 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 1986-$9,840,000; fiscal year 1987-$14,680,000; fiscal years 1988 through 2000-no authorization; fiscal year 2001$72,000,000; fiscal year 2002-$73,000,000; fiscal year 2003-$64,200,000; and fiscal years 2004 and 2005-no authorization. Title II 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:

"NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

"For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $402,000,000, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed $32,000,000, to remain available until expended, may be made available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further, That funds appropriated under this heading may be made available for the International Atomic Energy Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency: Provided further, That funds available during fiscal year 2005 for a contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission and that are not necessary to make the United States contribution to the Commission in the amount assessed for fiscal year 2005 shall be made available for a voluntary contribution to the International Atomic Energy Agency and shall remain available until September 30, 2006: Provided further, That of the funds made available for demining and related activities, not to exceed $690,000, in addition to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of the demining program: Provided further, That funds appropriated under this heading that are available for Anti-terrorism Assistance' and 'Export Control and Border Security' shall remain available until September 30, 2006.”.

See also in that Act: sec. 515-Notification Requirements; sec. 517-Independent States of the Former Soviet Union; and sec. 585-Joint Explanatory Statement.

Sec. 328(b) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104132; 110 Stat. 1257) provided the following:

chapter $72,000,000 for fiscal year 2001, $73,000,000 for fiscal year 2002, and $64,200,000 for fiscal year 2003.

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

Sec. 575.846 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. 577,847 * * *

[Repealed-1985]

CHAPTER 9-NONPROLIFERATION AND EXPORT
CONTROL ASSISTANCE 848

SEC. 581.849 PURPOSES.

The purposes of assistance under this chapter are to halt the proliferation of nuclear, chemical, and biological weapons, and conventional weaponry, through support of activities designed

(1) to enhance the nonproliferation and export control capabilities of friendly countries by providing training and equipment to detect, deter, monitor, interdict, and counter proliferation;

(2) to strengthen the bilateral ties of the United States with friendly governments by offering concrete assistance in this area of vital national security interest;

(3) to accomplish the activities and objectives set forth in sections 503 and 504 of the FREEDOM Support Act (22 U.S.C. 5853, 5854), without regard to the limitation of those sections to the independent states of the former Soviet Union; and

(4) to promote multilateral activities, including cooperation with international organizations, relating to nonproliferation.

"(b) ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVES DETECTION DEVICES AND OTHER COUNTERTERRORISM TECHNOLOGY.—(1) Subject to section 575(b), up to $3,000,000 in any fiscal year may be made available

(A) to procure explosives detection devices and other counterterrorism technology; and (B) for joint counterterrorism research and development projects on such technology conducted with NATO and major non-NATO allies under the auspices of the Technical Support Working Group of the Department of State.

(2) As used in this subsection, the term 'major non-NATO allies' means those countries designated as major non-NATO allies for purposes of section 2350a(i)(3) of title 10, United States Code.

(c) ASSISTANCE TO FOREIGN COUNTRIES.-Notwithstanding any other provision of law (except section 620A of the Foreign Assistance Act of 1961) up to $1,000,000 in assistance may be provided to a foreign country for counterterrorism efforts in any fiscal year if

“(1) such assistance is provided for the purpose of protecting the property of the United States Government or the life and property of any United States citizen, or furthering the apprehension of any individual involved in any act of terrorism against such property or persons; and

"(2) the appropriate committees of Congress are notified not later than 15 days prior to the provision of such assistance.".

84622 U.S.C. 2349aa-5. Redesignated from sec. 576 to sec. 575 by sec. 121(d) of Public Law 104-164 (110 Stat. 1428).

47 Formerly at 22 U.S.C. 2349aa-6. Repealed by sec. 501(d) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 220). The authorities under this chapter would have expired on September 30, 1985.

Sec. 301 of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 851) added chapter 9, secs. 581-585. Sec. 584 and 585 were subsequently redesignated as secs. 585 and 586, respectively, by sec. 1303 of the Security Assistance Act of 2002 (division B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1436), which also added a new sec. 584.

849 22 U.S.C. 2349bb.

SEC. 582.850 AUTHORIZATION OF ASSISTANCE.

Notwithstanding any other provision of law (other than section 502B or section 620A of this Act), the President is authorized to furnish, on such terms and conditions as the President may determine, assistance in order to carry out the purposes of this chapter. Such assistance may include training services and the provision of funds, equipment, and other commodities related to the detection, deterrence, monitoring, interdiction, and prevention or countering of proliferation, the establishment of effective nonproliferation laws and regulations, and the apprehension of those individuals involved in acts of proliferation of such weapons.

SEC. 583.851 TRANSIT INTERDICTION.

(a) ALLOCATION OF FUNDS.-In providing assistance under this chapter, the President should ensure that not less than one-quarter of the total of such assistance is expended for the purpose of enhancing the capabilities of friendly countries to detect and interdict proliferation-related shipments of cargo that originate from, and are destined for, other countries.

(b) PRIORITY TO CERTAIN COUNTRIES. - Priority shall be given in the apportionment of the assistance described under subsection (a) to any friendly country that has been determined by the Secretary of State to be a country frequently transited by proliferationrelated shipments of cargo.

SEC. 584.852 INTERNATIONAL NONPROLIFERATION EXPORT CONTROL TRAINING.

(a) GENERAL AUTHORITY.-The President is authorized to furnish, on such terms and conditions consistent with this chapter (but whenever feasible on a reimbursable basis), education and training to appropriate military and civilian personnel of foreign countries for the purpose of enhancing the nonproliferation and export control capabilities of such personnel through their attendance in special courses of instruction conducted by the United States.

(b) ADMINISTRATION OF COURSES.-The Secretary of State shall have overall responsibility for the development and conduct of international nonproliferation education and training programs under this section, and may utilize other departments and agencies of the United States, as appropriate, to recommend personnel for the education and training and to administer specific courses of instruction.

(c) PURPOSES.-Education and training activities conducted under this section shall be

(1) of a technical nature, emphasizing techniques for detecting, deterring, monitoring, interdicting, and countering proliferation;

(2) designed to encourage effective and mutually beneficial relations and increased understanding between the United States and friendly countries; and

850 22 U.S.C. 2349bb-1.

851 22 U.S.C. 2349bb-2.

852 22 U.S.C. 2349bb-2a. Sec. 1303 of the Security Assistance Act of 2002 (division B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1436) redesignated secs. 584 and 585 as secs. 585 and 586, respectively, and added a new sec. 584.