YOUR REQUEST FOR LEGISLATIVE HISTORY RESEARCH ON 22 USC 2349AA-2 (D) (5)

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CIA-RDP92M00732R001000070044-2
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December 23, 2016
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April 11, 2014
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44
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June 5, 1989
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MEMO
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Declassified in Part - Sanitized Copy Approved for Release 2014/04/11 : 1CIA-RDP92M00732R001000070044-2 DATE 'TRANSMITTAL SLIP TO: ROOM NO. BUILDING REMARKS: STAT STAT STAT FROM: ROOM NO. 6 (A-1- 3- BUILDING 406�C EXTENSION FORM NO REPLACES FORM 36-8 � Declassified in Part - Sanitized Copy Approved for Release 2014/04/11 : CIA-RDP92M00732R001000070044-2 (47) Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 MEMORANDUM FOR: FROM: SUBJECT: OCA 1827-89 5 June 1989 Legislation Division Office of Congressional Affairs Law Librarian Office of General Counsel Your Request for Legislative History Research on 22 USC 2349aa-2 (d)(5) 1. In order to locate a legislative history of 22 USC 2349aa-2 (d)(5), I had to determine in what year and by which public law this provision was enacted. After looking at each public law that was listed as a note under 22 USC 2349aa-2 and not finding the exact language of subparagraph (d)(5), I located a paragraph in the Continuing Resolution for Fiscal Year 1984, Public Law 98-151 dated 14 November 1983, that explains how subparagraph (d)(5) was enacted. 2. Under the heading "Antiterrorism Assistance Program" at 97 Stat. 972 in the Continuing Resolution for Fiscal Year 1984, the first paragraph explains that "the amendments contained in title II of H.R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, are hereby enacted..." By doing further research in the CIS Index and Abstract for 1983, I was able to determine that the House report on H.R. 2992 that was referred to is House Report 98-192 entitled "International Security and Development Cooperation Act of 1983." Title II of H.R. 2992, as reported, contains the language which is codified at 22 USC 2349aa-2 (d)(5) (see attachment). 3. The CIS Abstract for 1983 also notes that H.R. 2992 is related to H.R. 6370 of the 97th Congress. For more legislative history on your subject, copies of the pertinent sections of House Report 97-547 on H.R. 6370 are attached for your information. 4. If you need any further assistance, please feel free to contact me. Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 STAT STAT STAT Declassified in Part - Sanitized Copy Approved for Release 2014/04/11 : CIA-RDP92M00732R001000070044-2 90TH CONGRESS REPORT HOUSE OF REPRESENTATIVES 1st Session No. 98-192 INTERNATIONAL SECURITY AND DEVELOPMENT COOPERATION ACT OF 1983 REPORT OF 'THE COMMITTEE ON FOREIGN AFFAIRS together with MINORITY, SUPPLEMENTAL, AND DISSENTING VIEWS :,f the ce,ngre6sional Budget Office) ON H.R. 2992 Ai TTHORIZE APPRQPRIATIONS FOR THE FISCAL YEARS 1984 /C'---D 1985 OR INTERNATIONAL &...CURITY AND DEVELOPMENT ASSISTAWE ANI. FOR THE PEACE CORPS, AND FOR OTHER PURPOSES. MAY 11, 1983.�Committed to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE -658O WASHINGTON: 1983 Declassified in Part - Sanitized Copy Approved for Release 2014/04/11 : CIA-RDP92M00732ROCH nnnn7nnAn_o A Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 38 Section 124 of the bill imposes an additional requirement that, in order for the President to be able to certify either country as eligi- ble for U.S. military aid or sales, an elected civilian government must be in power in that country. Section 124 further provides that, if the President submits a certification with respect to either country prior to the date of enactment of this provision, then no military aid or sales may be provided to that country in fiscal year 1984. The committee intends this provision as a signal to the ad- ministration that the committee does not favor certification of Ar- gentina prior to the installation of an elected civilian government, which is expected in January 1984. Regarding Chile, the committee intends to express its encouragement for the scheduling of elections and return to civilian rule in the near future. Section 125�Special waiver authority Section 125 amends section 614(a)(4) of the Foreign Assistance Act of 1961 to establish new ceilings and conditions on the use of that section. Section 614 presently provides the President with au- thority, notwithstanding any provisions of various acts, to use up to $250 million in any fiscal year from funds authorized under the Foreign Assistance Act of 1961 and the Arms Export Control Act if the President has made the required determination; no more than $50 million may be provided to any one country unless it is a victim of Communist or Communist-supported aggression. Section 614 currently allows the President, with some exceptions, to waive restrictions, earmarks, and other legal requirements to make an unlimited amount of foreign military sales on a cash basis. Section 125 of this bill establishes the following new conditions and ceilings on the use of section 614. First, it places a $750 million ceiling in any fiscal year on the amount of cash foreign military sales that may be authorized under section 614. Second, it provides that if the section 614 authority is used both to authorize foreign military sales and to provide financing for those sales, the financ- ing would apply against the $250 million ceiling in existing law and the portion of the sales not financed wouild apply against the new $750 million ceiling. Third, not more than $500 million may be provided to any one country in any fiscal year under the combined $1 billion ceilings (i.e., the new $750 million ceiling on sales and the $250 million ceiling in existing law). TITLE II�ANTITERRORISM ASSISTANCE PROGRAM This title creates a new chapter 8 in part II of the Foreign Assist- ance Act for antiterrorism assistance. It states the purposes for which such assistance is provided. It stipulates that training serv- ices shall be provided only in the United States and limits U.S. ad- visers overseas to 30-day periods. It prohibits the furnishing of equipment and commodities included on the U.S. Munitions List and requires that the Assistant Secretary of State for Human Rights and Humanitarian Affairs be consulted in program develop- ment and implementation. The new chapter 8 also provides for 30- day prior notification of any proposed assistance under this new program. It provides for grants and sales of commodities and serv- ices from U.S. Government agencies. It provides transfer authority of up to $2.: ance funds. antiterrorist vides for an sistance unc ance Act, a date for the Section 201- Section 20 sistance Act seven sectiot New secti, furnish, on mine, assistc of their law groups from New secti chapter 8 si antiterrorist al ties with human right New secti( vides that, Act, which forcement fo ble countries cies providir to be reimbu established t Subsection commodities ment in a& Collections a ation, accoui commodities used by elig] modities. Subsection Human Righ gram develoi lected and th Subsection this chapter Subsection vide advice c Subsection from engagit provision of of the OfficE training and protection of ties. Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 39 1, in gi- nt es Ler no !kir id- nt, ;ft )ns ice of au- , to ;he t if Lan a ion ive an )ns ion ary des ign law the be ned and iist- for .erv- ad- ; of List nan lop- 30- new >err- irity of up to $2.5 million from existing fiscal year 1983 military assist- ance funds. Finally, it authorizes appropriations of $5 million for antiterrorism assistance in each of fiscal years 1984 and 1985, pro- vides for an annual report on program activities, includes such as- sistance under the human rights provisions of the Foreign Assist- ance Act, and establishes September 30, 1985, as the expiration date for the program. Section 201�Establishment of program Section 201 creates a new chapter 8 in part II of the Foreign As- sistance Act for antiterrorism assistance. New chapter 8 consists of seven sections. New section 571 provides general authority to the President to furnish, on such terms and conditions as the President may deter- mine, 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. New section 572 provides that activities conducted under new chapter 8 shall be designed for three purposes: To enhance the antiterrorism skills of friendly countries, to strengthen our bilater- al ties with friendly governments, and to increase respect for human rights. New section 573 consists of five subsections. Subsection (a) pro- vides that, notwithstanding section 660 of the Foreign Assistance Act, which prohibits assistance under the act to foreign law en- forcement forces, services and commodities may be granted to eligi- ble countries for purposes of new chapter 8. U.S. Government agen- cies providing services and commodities under this subsection are to be reimbursed consistent with agency reimbursement procedures established under section 632 of the Foreign Assistance Act. Subsection (b) authorizes the President to furnish services and commodities on a sales basis to eligible countries, subject to pay- ment in advance of the value of such services and commodities. Collections are to be credited to the currently applicable appropri- ation, account, or fund of the agency providing such services and commodities. FMS direct credits and guaranteed loans may not be used by eligible countries for payments on such services and com- modities. Subsection (c) states that the Assistant Secretary of State for Human Rights and Humanitarian Affairs shall be consulted in pro- gram development and implementation, including the countries se- lected and the types of assistance provided. Subsection (d)(1) stipulates that training services provided under this chapter may be furnished only in the United States. Subsection (d)(2) states that U.S. Government personnel may pro- vide advice overseas under this chapter for not more than 30 days. Subsection (d)(3) prohibits employees of the Department of State from engaging in the training of law enforcement personnel or the provision of services under this new chapter, except that employees of the Office of Security of the Department of State may provide training and services to law enforcement personnel for the physical protection of internationally protected persons and related facili- ties. Declassified in Part - Sanitized Copy Approved for Release 2014/04/11 : Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 40 Subsection (d)(4) prohibits the provision of equipment and com- modities included on the U.S. Munitions List established under the Arms Export Control Act for purposes of new chapter 8. Subsection (d)(5) prohibits the provision of services, equipment, personnel, or facilities involved in intelligence collection as defined in Executive Order 12333 of December 4, 1981, but permits limited training in the organization of intelligence for antiterrorism pur- Subsection (e) exempts information exchange activities conducted poses. by U.S. Government agencies under other authorities of law from the requirements and authorities of new chapter 8. New section 574 consists of two subsections. Subsection (a) requires a 30-day prior notification to Congress on the countries to which assistance is to be provided; the types, value, terms, and duration of antiterrorism assistance; and an explana- tion of how the proposed assistance will assist those countries in deterring terrorism. This subsection also provides that upon re- quest of the chairman of the House Committee on Foreign Affairs or the Senate Committee on Foreign Relations, a current report on a recipient country's human rights record is to be provided. This 30-day prior notification applies initially to all recipient countries and subsequently to any new recipient country. Subsection (b) requires an annual report to the Congress on the antiterrorism assistance program. The report shall include a list of countries receiving antiterrorism assistance in the preceding and upcoming fiscal years, and the place, duration, number, types, and terms of assistance that has been or will be provided. New section 575 authorizes $5 million to carry out new chapter 8 in each of the fiscal years 1984 and 1985 and provides that amounts appropriated under this new section are authorized to remain available until expended. New section 575 also provides authority to transfer up to $2.5 million in fiscal year 1983 from military as- sistance funds authorized by the International Security and Devel- opment Cooperation Act of 1981. New section 576 provides that any reference in any law to part I of the Foreign Assistance Act of 1961 shall be deemed to include reference to new chapter 8. New section 577 provides for expiration of the authorities of new chapter 8 on September 30, 1985. Funds obligated prior to that date may be expended after that date. Section 202�Conforming amendments Section 202 amends section 502(B)(d)(2)(A) of the Foreign Assist- ance Act to include new chapter 8 in the human rights require- ments of the section. Section 202 also amends section 644(mX5) of the Foreign Assistance Act in order to establish the costing formu- la for sales of commodities and services provided to friendly foreign countries under new chapter 8. The value of such commodities and services is the additional costs that are incurred by the U.S. Gov- ernment in furnishing antiterrorism assistance. Section 203�Effective date Section 203 provides that the antiterrorism assistance program shall take effect upon date of enactment of this legisltion. The ecc bacause United principal) in su meet irrir Europe. While t cial situa or region cable, cor ed for ec( the "Nevs Act so as Section 3( Section Act to au for fiscal fiscal yea quest, mi and Cypr As indi tion inch.; tive brar creased f for Zaire is added � dor and ( $10 milli Surinam( lion to $ million tc Atrice: Botswana Djibouti Kenya Liberia Mauritius. Mozambigui Niger Senegal Seychelles Somalia Southern Af Tanzania Tunisia Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 Declassified in Part - Sanitized Copy Approved for Release 2614/04/11 CIA-RDP92M00732R001000070044-2 NU MAU 8 MAY 18Z_ 97TH CONGRESS 1 HOUSE OF REPRESENTATIVES I REPORT 2d Session 1 1 No. 97-547 INTERNATIONAL SECURITY AND DEVELOPMENT COOPERATION ACT OF 1982 MAY 17, 1982.�Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. ZABLOCKI, from the committee on Foreign Affairs, submitted the following REPORT together with ADDITIONAL, MINORITY, AND SUPPLEMENTAL VIEWS [To accompany H.R. 6370] [Including cost estimate of the Congressional Budget Office] The Committee on Foreign Affairs, to whom was referred the bill. (H.R. 6370) to amend the Foreign Assistance Act of 1961 and the Arms Export Control Act to authorize additional international se- curity and development assistance programs for fiscal year 1983, and for other purposes, having considered the same, report favor- ably thereon without amendment and recommend that the bill do pass. COMMITTEE COMMENT Foreign assistance is a traditional and essential U.S. foreign policy instrument for promoting and protecting U.S. interests around the world. Moreover, it serves to enhance U.S. security in a world environment that contains many dangers, much conflict, sev- eral enemies potential and otherwise, and few helpful friends. Rec- ognizing the importance of foreign assistance to U.S. interests and U.S. national security, the committee and the Congress have annu- ally approved foreign aid of several distinct forms, all collectively aimed to serve U.S. national goals. In the present foreign assistance bill, the committee has recom- mended assistance levels necessary to extend security, economic 94-239 0 npr.lacsifiRd in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 Declassified in Part- Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 16 tional security safeguards if necessary, or (b) unable to proceed with such a dialog because the opposition is unwilling to partici- pate. The committee wishes to reaffirm its support for the conditions contained in the certification process for El Salvador under exist- ing law. It further wishes to emphasize its concern that the deter- mination by the President related to that process meet both the letter and the spirit or the law. The committee is interested in re- sults, not just statements of intent or ineffective actions. The adop- tion of additional language in this legislation addressing the condi- tions in section 728(d) should be viewed as an attempt to reiterate those concerns. Subsection (c) amends the above-mentioned section 728(d) to pro- vide that the President shall consult with Congress in making the determinations regarding the fulfillment of the conditions, includ- ing the requirements under section 728(e) described below. Subsection (d) extends section 728(e) to provide that the first cer- tification during the fiscal year 1983 on the conditions must be ac- companied by a certification by the President that the Government of El Salvador has made good-faith efforts both to investigate the murders of the six U.S. citizens in December 1980 and January 1981 and to bring to justice those responsible for those murders. Subsection (e) requires the President to consult with Congress prior to the use of the special drawdown authority in section 506 of the Foreign Assistance Act of 1961 or the extension of the waiver authority under section 614(a) of the Foreign Assistance Act of 1961. Furthermore, in making a decision to invoke either of these authorities, the President, to the maximum extent possible, shall take into consideration the certification criteria as established under subsection (d) of section 728 of the International Security and Development Cooperation Act of 1981. TITLE II-ANTITERRORISM ASSISTANCE Section 201�Antiterrorism Assistance Program This section creates a new chapter 8 in the Foreign Assistance Act of 1961 for antiterrorism assistance. It states the purposes for which such assistance is provided. It stipulates that training serv- ices shall be provided only in the United States and limits U.S. ad- visers overseas to a 60-day period. It prohibits the furnishing of de- fense articles or defense services and requires that the Assistant Secretary of State for Human Rights and Humanitarian Affairs be consulted in program development and implementation. The new chapter 8 also provides for a one-time 30-day prior notification of countries proposed for this new type of assistance. It provides for grants and sales of commodities and services from U.S. Govern- ment agencies. It authorizes $5 million for antiterrorism assistance in fiscal year 1983, provides for an annual report on program activ- ' ities, includes the new chapter under the human rights provisions of the Foreign Assistance Act of 1961, and establishes September 30, 1984, as the expiration date for the program. Sction 201 consists of three subsections. Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 ,07.77r.F7,755717,v73,7787777:77T-Mf3z3.3;.:,..�':: � � Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 17 Subsection (a) creates a new chapter 8, part II, in the Foreign As- sistance Act of 1961 to authorize an antiterrorism assistance pro- gram. New chapter 8 consists of five sections. New section 571 in turn consists of nine subsections. Subsection (a) provides general authority to the President 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 en- forcement personnel to deter terrorists and terrorist groups from engaging in international terrorist acts. Subsection (b) provides that activities conducted under new chap- ter 8 shall be designed for three purposes: To enhance the law en- forcement antiterrorism skills of friendly countries, to strengthen our bilateral ties with friendly governments; and to increase re- spect for human rights. Subsection (c) stipulates that training services provided under this chapter may be furnished only in the United States, and that U.S. Government personnel may be assigned overseas for other purposes under this chapter for not more than 60 days. Subsection (c) also prohibits the provision of defense articles and defense serv- ices as defined under the Foreign Assistance Act of 1961 and the Arms Export Control Act (not including training) for purposes of new chapter 8. Subsection (d) prohibits the provision of antiterrorism assistance to any country for which one or more kinds of security asistance is prohibited under another provision of law. For purposes of this sub- section, security asistance means grant military assistance, Eco- nomic Support Fund assistance, grant military education and train- ing, peacekeeping operations assistance, foreign military sales, credits, and guaranties, and commercial arms sales. The President may waive the prohibition in this subsection if he certifies to Con- gress that antiterrorism assistance should be provided to the affect- ed countries because that country is threatened by international terrorism and it is in the national interests of the United States to assist that country in responding to those terrorist threats. Subsection (e) states that the Assistant Secretary of State for Human Rights and Humanitarian Affairs shall be consulted in pro- gram development and implementation, including the countries se- lected and the types of assistance provided. Subsection (0 provides 30-day prior notification to Congress on the countries being considered for antiterrorism assistance in fiscal year 1983. Subsection (g) provides that services and commodities may be granted to eligible countries for purposes of new chapter 8. U.S. Government agencies providing services and commodities under this subsection are to be reimbursed from the authorization for ap- propriations in new section 572. Subsection (h) authorizes the President to furnish services and commodities on a sales basis subject to payment in advance of the value of such services and commodities. Collections are to be cred- ited to the currently applicable appropriation, account, or fund of the agency providing such services and commodities. Subsection (i) exempts information exchange activities conducted by U.S. Government agencies under other authorities in another Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 Declassified in Part - Sanitized Copy Approved for Release 2014/04/11 CIA-RDP92M00732I4001800.0044-2 18 provision of law from the requirements and authorities of new chapter 8. 1 New section 572 authorizes $5 million to carry out new chapter 8 in fiscal year 1983 and provides that amounts appropriated under 1 this new section are authorized to remain available until expended. New section 573 requires an annual report to the Congress on 1 the antiterrorism program. The report shall include a list of coun- tries receiving antiterrorism assistance in the preceding and up- coming fiscal years, and the place, duration, number, types, and terms of assistance that has been or will be provided. New section 574 provides that the administrative authorities of part I of the Foreign Assistance Act of 1961 shall apply to new chapter 8. New section 575 provides for expiration of the authorities of new chapter 8 on September 30, 1984. Funds obligated prior to that date may be expended after that date. Section 201(b) amends section 502B(dX2)(A) of the Foreign Assist- ance Act of 1961 to include new chapter 8 in the human rights re- quirements of that section. Section 201(c) amends section 644(m)(5) of the Foreign Assistance Act of 1961 in order to establish the costing formula for sales of commodities and services provided to friendly foreign countries under new chapter 8. The value of such commodities and services is the additional costs that are incurred by the U.S. Government in furnishing antiterrorism assistance. TITLE III-ECONOMIC SUPPORT FUND The Economic Support Fund (ESF)' is economic assistance pro- vided because of special economic, Political, or security interests of the United States. The largest portion is allocated to the Middle East, principally to Israel, Egypt, and Turkey. Economic Support Fund assistance also is provided to meet important U.S. interests in Africa, Asia, Latin America, and Europe. While the use of ESF is, in the first instance, determined by spe- cial situations involving a country or region, the committee reaf- firms its intent that, as far as practicable, such assistance which is intended for economic development shall be administered in accord with the "New Directions" principles set forth in the Foreign Assist- ance Act so as to achieve as much developmental benefit as possible. ble. Caribbean and Latin American programs The committee strongly endorses the executive branch ESF re- quest for Latin America and the Caribbean. These funds constitute the second installment on the Caribbean Basin initiative, which is a high priority of the President. However, noting its longstanding concern that U.S. bilateral assistance be used insofar as possible in ways which directly benefit the poor and provide for long-term de- velopment, the committee urges that $20 million of the proposed Special Requirements Fund for Latin America and the Caribbean be used for development assistance projects and activities in ac- cordance with the authorities of sections 103 through 106 of the L Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 Declassified in Part - Sanitized Copy Approved for Release 2014/04/11 CIA-RDP92M00732R001000070044-2 e appropri- his chapter $4 5, 237, 000 s conducted al relations States and iternational countries to and defense with maxi- er self-reli- p1 countries ilving inter- chapter, the ign military ions in the charge, and 'hapter (not- suant to an t one-for-one ;kites profes- institutions !ons. cS athorized to al organiza- ermine, for t in further- States. Such nent of De- United Na- tbursements s a greater 'here is au- )ut the pur- se available 1982 and tthorized to a unforseen chapter in assistance States, the 0(a) of this af this part 51 for use under this chapter without regard to the 20-percent in- crease limitation contained in such section, except that the total amount so transferred in any fiscal year may not exceed $15,000,000; or (2) in the event the President determines that unfore- seen circumstances exist which require 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 $10,000,000 in any fiscal year. (d) 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 sub- section (cX2) of this section. CHAPTER 8�ANTI-TERRORISM ASSISTANCE SEC. 571. GENERAL AUTHORITY.�(a) The President is authorized to furnish, on such terms and conditions as the President may deter- mine, 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 bomb- ing, kidnaping, assassination, hostage taking, and hijacking. Such assistance may include training services and the provision of equip- ment and other commodities related to bomb detection and disposal, management of hostage situations, physical security, and other mat- ters relating to the detection, deterrence, and prevention of acts of terrorism, the resolution of terrorist incidents, and the apprenhen- sion of those involved in such acts. (b) Activities conducted under this chapter shall be designed� (1) to enhance the law enforcement anti-terrorism skills of friendly countries by providing training and equipment to deter and counter terrorism; (2) to strengthen our bilateral ties with friendly governments by offering concrete assistance in this area of great mutual con- cern; and (8) to increase respect for human rights by sharing modern, humane, and effective anti-terrorism techniques with foreign civil authorities. (c)(1) Training services under this chapter may be furnished only within the United States. United States Government personnel per- forming other services for a foreign country under this chapter may not be assigned or detailed to that country for more than 6'0 days. (2) Assistance under this chapter may not include the furnishing of any defense articles or defense services (as such terms are defined under sections 644 (d) and (f) of this Act and sections 47(8), (4), and (7) of the Arms Export Control Act). (d) Assistance may not be provided under this chapter to any country for which one or more types of security assistance is prohib- ited under dny other provision of law. For purposes of this limita- tion, the term "security assistance" means� (1) assistance under chapter 2, chapter 4, chapter 5, or chapter 6' of this part; , r.nnv Approved for Release 2014/04/11 CIA-RDP92M00732R001000070044-2 Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 52 (2) sales, extensions of credits (including participations in credits), or guarantees of loans under the Arms Export Control Act; and (3) licenses under section 38 of the Arms Export Control Act. The President may waive this subsection with respect to a country if he certifies to the Congress that anti-terrorism assistance should be provided because that country is threatened by international terror- ism and it is in the national interests of the United States to assist that country in responding to those terrorist threats. (e) The Assistant Secretary of State for Human Rights and Hu- manitarian Affairs shall be consulted in the development and im- plementation of the anti-terrorism 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. (f) No assistance may be furnished under this chapter until 30 days after the President transmits to the Speaker of the House of representatives and the chairman of the Committee on Foreign Rela- tions of the Senate a list of those countries which are being consid- ered as possible recipients of assistance under this chapter for the fiscal year 1983. (g) Notwithstanding section 660 of this Act, services and commod- ities may be granted for the purposes of this chapter to eligible for- eign countries, subject to reimbursement of the value thereof (as de- termined under section 644(m)) pursuant to section 632 of this Act from funds available to carry out this chapter. (h) 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 the President may deter- mine, any agency of the United States Gov&wment 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 (as determined under sec- tion 644(m)) in United States dollars by the foreign country. Collec- tions under this chapter shall be credited to the currently applicable appropriation, account, or fund of the agency providing such assist- ance. (i) This chapter does not apply to information exchange activities conducted by agencies of the United States government under other authority for such purposes. SEC. 572. AUTHORIZATION OF APPROPRIATIONS.�There is author- ized to be appropriated to the President to carry out this chapter $5,000,000 for the fiscal year 1983. Amounts appropriated under this section are authorized to remain available until expended. SEC. 573. ANNUAL REPORT.�Each annual report to the Congress pursuant to section 634 of this Act 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 programmed 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 Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 Si prot Act eren refe, SA ter prio witl S] ize any rela any in f dem Hou Fon sect (2 ant( pro, ing Act Exp Act. Spe. Con to t) (3 Pre tific on . mitt of ti Declassified in Part - Sanitized Copy Approved for Release 2014/04/11: CIA-RDP92M00732R001000070044-2 53 under this chapter furnished, programmed, or proposed, includ- ing� (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 advanced payment basis, or on some other basis. SEC. 574. 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 ref- erence in any law to part II of this Act shall be deemed to exclude reference to this chapter. SEC. 575. EXPIRATION OF AUTHORITY.�The authority of this chap- ter shall expire on September 30, 1984, except that funds obligated prior to that date may be expended after that date in accordance with this chapter. PART III CHAPTER 1�GENERAL PROVISIONS SEC. 614. SPECIAL AUTH0RMES.�(a)(1) The President may author- ize the furnishing of assistance under this Act without regard to any provision of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under this Act, in furtherance of any of the purposes of this Act, when the Presi- dent determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is important to the security interests of the United States. (2) The President may make sales, extend credit, and issue guar- antees under the Arms Export Conrol Act, without regard to any provision of this Act, the Arms Export Control Act, any law relat- ing to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under the Arms Export Control Act, in furtherance of any of the purposes of such Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is vital to the national security interests of the United States. (3) Before exercising the authority granted in this subsection, the President shall consult with, and shall provide a written policy jus- tification to, the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Com- mittee on Foreign Relations and the Committee on Appropriations of the Senate. 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