(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).619

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

Sec. 533.620 Emergency Assistance. (a) Of the funds appropriated to carry out this chapter up to $75,000,000 for the fiscal 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. 534.621, 622 Administration of Justice.-(a) The President may furnish assistance under this chapter to countries and organizations, including national and regional institutions, in order to

ther, That in carrying out the previous proviso, the President should seek to ensure to the extent feasible that not more than 1 percent of the amount specified in section 586 of this Act should be derived from funds that would otherwise be made available for any single country: Provided further, That funds provided for the Middle East Peace and Stability Fund by a country in the region under the authority of section 635(d) of the Foreign Assistance Act of 1961, and funds made available for Jordan following the date of enactment of this Act from previous Acts making appropriations for foreign operations, export financing, and related programs, shall count toward meeting the earmark contained in the fourth proviso under this heading: Provided further, That up to $10,000,000 of funds under this heading in previous foreign operations, export financing, and related programs appropriations Acts that were reprogrammed for Jordan during fiscal year 1997 shall also count toward such earmark: Provided further, That, in order to facilitate the implementation of the fourth proviso under this heading, the requirement of section 515 of this Act or any similar provision of law shall not apply to the making available of funds appropriated for a fiscal year for programs, projects, or activities that were justified for another fiscal year: Provided further, That for fiscal year 1998 such portions of the notification required under section 653 of the Foreign Assistance Act of 1961 that relate to the Middle East may be submitted to the Congress as soon as practicable, but no later than March 1, 1998: Provided further, That during fiscal year 1998, of the local currencies generated from funds made available under this heading for Guatemala by this Act and prior appropriations Acts, the United States and Guatemala may jointly program the Guatemala quetzales equivalent of a total of up to $10,000,000 for the purpose of retiring the debt owed by universities in Guatemala to the Inter-American Development Bank.”.

See also title II in that Act, paragraph relating to Cyprus, paragraph relating to Burma, and title V in that Act, including: sec. 515-Notification Requirements; sec. 517-Economic Support Fund Assistance for Israel; sec. 541-Anti-Narcotics Activities; sec. 565-Assistance to Turkey; and sec. 586-Assistance for the Middle East.

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

621 22 U.S.C. 2346c. Sec. 534 was added by sec. 712 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83, 99 Stat. 244).

622 Sec. 541 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2418), provided the following:

"ANTI-NARCOTICS ACTIVITIES

"SEC. 541. (a) Of the funds appropriated or otherwise made available by this Act for Economic Support Fund', assistance may be provided to strengthen the administration of justice in countries in Latin America and the Caribbean and in other regions consistent with the provisions of section 534(b) of the Foreign Assistance Act of 1961, except that programs to enhance protection of participants in judicial cases may be conducted notwithstanding section 660 of that Act. "(b) Funds made available pursuant to this section may be made available notwithstanding section 534(c) and the second and third sentences of section 534(e) of the Foreign Assistance Act of 1961. Funds made available pursuant to subsection (a) for Bolivia, Colombia, and Peru may be made available notwithstanding section 534(c) and the second sentence of section 534(e) of the Foreign Assistance Act of 1961.".

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) 623 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;

(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) 622 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 624 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.

623 Par. (3) was 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). 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 subpars. (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.".

624 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.

(e) 622, 625 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 1991626 to carry out the provisions of subsection (b)(3) of this section. The authority of this section shall expire on September 30, 1991.

Sec. 535.627 Economic Support for Disadvantaged South Africans.—* * * [Repealed-1993]

Chapter 5—International Military Education and
Training 628

Sec. 541.629 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 related 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 630 and individuals who are not members of the government,631 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) 632 improve military justice systems and procedures in accordance with internationally recognized human rights.633 Such training and education may be provided through—

625 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.

626 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" at this point and inserted "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" at this point and inserted "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.

627 Formerly at 22 U.S.C. 2346d. Sec. 535 was repealed by sec. 4(a)(3)(B) of the South African Democratic Transition Support Act of 1993 (Public Law 103-149; 107 Stat. 1505). 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.

628 Ch. 5 was added by sec. 106(a) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 732).

629 22 U.S.C. 2347.

630 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".

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

632 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).

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

(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. 542.634 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 1987.635, 636

Sec. 543.637 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

Sec. 111 of Public Law 104–164 (110 Stat. 1427) provided the following:

"SEC. 111. ASSISTANCE FOR INDONESIA.

"Funds made available for fiscal years 1996 and 1997 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) may be obligated for Indonesia only for expanded military and education training that meets the requirements of clauses (i) through (iv) of the second sentence of section 541 of such Act (22 U.S.C. 2347).”.

634 22 U.S.C. 2347a.

635 The authorization figures for fiscal year 1986 and 1987 were added by sec. 104 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195). 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 year 1988-no authorization; fiscal year 1989-no authorization; fiscal year 1990-no authorization; fiscal year 1991-no authorization; fiscal year 1992-no authorization; fiscal year 1993-no authorization; fiscal year 1994-no authorization; fiscal year 1995-no authorization; fiscal year 1996-no authorization; fiscal year 1997-no authorization.

Congress did not enact an authorization for fiscal year 1998. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (Public Law 105-118), waived the requirements for authorization, and title III of that Act (111 Stat. 2400) 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, $50,000,000: Provided, 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 grant financed military education and training for Indonesia and Guatemala may only be available for expanded international military education and training and funds made available for Guatemala may only be provided through the regular notification procedures of the Committees on Appropriations: Provided further, That none of the funds appropriated under this heading may be made available to support grant financed military education and training at the School of the Americas unless: (1) the Secretary of Defense certifies that the instruction and training provided by the School of the Americas is fully consistent with training and doctrine, particularly with respect to the observance of human rights, provided by the Department of Defense to United States military students at Department of Defense institutions whose primary purpose is to train United States military personnel; (2) the Secretary of Defense certifies that the Secretary of State, in consultation with the Secretary of Defense, has developed and issued specific guidelines governing the selection and screening of candidates for instruction at the School of the Americas; and (3) the Secretary of Defense submits to the Committees on Appropriations a report detailing the training activities of the School of the Americas and a general assessment regarding the performance of its graduates during 1996.".

See also in that Act: sec. 505-Limitation on Representational Allowances; 515 Notification Requirements; sec. 556-Prohibition of Payment of Certain Expenses; sec. 584-International Military Education and Training Programs for Latin America; and sec. 586-Assistance for the Middle East.

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

637 22 U.S.C. 2347b.

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

Sec. 544.639 Exchange Training. (a) 640 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 641 (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) 640 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.

638 Par. (3) was added by sec. 11(b)(3) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736).

639 22 U.S.C. 2347c. Sec. 544 was added by sec. 126 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 205).

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

641 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).".