22 U.S.C. § 2349aa — General authority

Page 818 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2349a 56673, as amended, set out as a note under section 2381 of this title. § 2349a. Authorization and utilization of funds (a) Authorization of appropriation There is authorized to be appropriated to the President to carry out this part not to exceed $800,000,000, which may be made available until expended. (b) Presidential authority to incur obligations and enter into contracts 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 con- struction 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 appro- priation Acts. (c) Crediting of funds to proper appropriation account Funds made available by the Government of Israel pursuant to subsection (b) of this section may be credited to the appropriation account es- tablished to carry out the purposes of this sec- tion 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 Govern- ment of Israel pursuant to the Arms Export Con- trol Act [22 U.S.C. 2751 et seq.], 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. (Pub. L. 87–195, pt. II, § 562, as added Pub. L. 96–35, § 3, July 20, 1979, 93 Stat. 90.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in subsec. (c), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2349b. Waiver authorities (a) Efficient and timely completion of authorized construction It is the sense of the Congress that the Presi- dent should take all necessary measures con- sistent with law to insure the efficient and time- ly completion of the construction authorized by this part, including the exercise of authority vested in him by section 2393(a) of this title. (b) Use of funds to pay for personal services abroad The provisions of paragraph (3) of section 2396(a) of this title shall be applicable to the use of funds available to carry out this part, except that no more than sixty persons may be engaged at any one time under that paragraph for pur- poses of this part. (Pub. L. 87–195, pt. II, § 563, as added Pub. L. 96–35, § 3, July 20, 1979, 93 Stat. 90.) Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. PART VIII—ANTITERRORISM ASSISTANCE § 2349aa. General authority Notwithstanding any other provision of law that restricts assistance to foreign countries (other than sections 2304 and 2371 of this title), the President is authorized to furnish, on such terms and conditions as the President may de- termine, 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, kidnapping, assassina- tion, hostage taking, and hijacking. Such assist- ance may include training services and the pro- vision of equipment and other commodities re- lated to bomb detection and disposal, manage- ment of hostage situations, physical security, and other matters relating to the detection, de- terrence, and prevention of acts of terrorism, the resolution of terrorist incidents, and the ap- prehension of those involved in such acts. (Pub. L. 87–195, pt. II, § 571, as added Pub. L. 98–151, § 101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended Pub. L. 104–164, title I, § 121(a), July 21, 1996, 110 Stat. 1428.) Editorial Notes CODIFICATION Section 571 of Pub. L. 87–195 is based on section 201 of title II of H.R. 2992, Ninety-eighth Congress, as re- ported May 17, 1983, and enacted into law by Pub. L. 98–151. AMENDMENTS 1996—Pub. L. 104–164 substituted ‘‘Notwithstanding any other provision of law that restricts assistance to foreign countries (other than sections 2304 and 2371 of this title)’’ for ‘‘Subject to the provisions of this part’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 203 of title II of H.R. 2992, as enacted into per- manent law by Pub. L. 98–151, § 101(b)(2), Nov. 14, 1983, 97 Stat. 972, provided that: ‘‘This title [enacting this part and amending sections 2304 and 2403 of this title] Page 819 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2349aa–2 shall take effect on the date of enactment of this Act [Nov. 14, 1983].’’ Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2349aa–1. Purposes Activities conducted under this part 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 tech- niques. (Pub. L. 87–195, pt. II, § 572, as added Pub. L. 98–151, § 101(b)(2), Nov. 14, 1983, 97 Stat. 972.) Editorial Notes CODIFICATION Section 572 of Pub. L. 87–195 is based on section 201 of title II of H.R. 2992, Ninety-eighth Congress, as re- ported May 17, 1983, and enacted into law by Pub. L. 98–151. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2349aa–2. Limitations (a) Services and commodities furnished by agen- cy of United States Government; advance payment Whenever the President determines it to be consistent with and in furtherance of the pur- poses of this part, and on such terms and condi- tions consistent with this chapter as he may de- termine, any agency of the United States Gov- ernment is authorized to furnish services and commodities, without charge to funds available to carry out this part, to an eligible foreign country, subject to payment in advance of the value thereof (within the meaning of section 2403(m) of this title) in United States dollars by the foreign country. Credits and the proceeds of guaranteed loans made available to such coun- tries pursuant to the Arms Export Control Act [22 U.S.C. 2751 et seq.] shall not be used for such payments. Collections under this part shall be credited to the currently applicable appropria- tion, account, or fund of the agency providing such services and commodities and shall be available for the purposes for which such appro- priation, account, or fund is authorized to be used. (b) Consultation in development and implemen- tation of assistance The Assistant Secretary of State for Democ- racy, Human Rights, and Labor shall be con- sulted in the determinations of the foreign coun- tries that will be furnished assistance under this part and determinations of the nature of assist- ance to be furnished to each such country. (c) Arms and ammunition; value of equipment and commodities (1) Arms and ammunition may be provided under this part only if they are directly related to antiterrorism assistance. (2) The value (in terms of original acquisition cost) of all equipment and commodities provided under this part in any fiscal year shall not ex- ceed 30 percent of the funds made available to carry out this part for that fiscal year. (d) Information exchange activities This part does not apply to information ex- change activities conducted by agencies of the United States Government under other author- ity for such purposes. (Pub. L. 87–195, pt. II, § 573, as added Pub. L. 98–151, § 101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended Pub. L. 99–83, title V, § 501(b), (c), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99–399, title V, § 507, Aug. 27, 1986, 100 Stat. 873; Pub. L. 101–604, title II, § 213(b), Nov. 16, 1990, 104 Stat. 3086; Pub. L. 103–236, title I, § 162(e)(3), Apr. 30, 1994, 108 Stat. 405; Pub. L. 104–132, title III, § 328(a), Apr. 24, 1996, 110 Stat. 1257; Pub. L. 104–164, title I, § 121(b), July 21, 1996, 110 Stat. 1428.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. CODIFICATION Section 573 of Pub. L. 87–195 is based on section 201 of title II of H.R. 2992, Ninety-eighth Congress, as re- ported May 17, 1983, and enacted into law by Pub. L. 98–151. AMENDMENTS 1996—Pub. L. 104–164, § 121(b)(1), substituted ‘‘Limita- tions’’ for ‘‘Specific authorities and limitations’’ as section catchline. Subsecs. (a), (b). Pub. L. 104–164, § 121(b)(2), (3), redes- ignated subsecs. (b) and (c) as (a) and (b), respectively, and struck out former subsec. (a) which read as follows: ‘‘Notwithstanding section 2420 of this title, services and commodities may be granted for the purposes of this part to eligible foreign countries, subject to reimburse- ment of the value thereof (within the meaning of sec- tion 2403(m) of this title) pursuant to section 2392 of this title from funds available to carry out this part.’’ Subsec. (c). Pub. L. 104–164, § 121(b)(4), which directed the amendment of subsec. (c) by striking out pars. (1) and (2), redesignating pars. (3) to (5) as (1) to (3), respec-