Sec. 650.735 Use of United States Armed Forces.-The furnishing of economic, military, or other assistance under this Act shall not be construed as creating a new commitment or as affecting any existing commitment to use Armed Forces of the United States for the defense of any foreign country.

Sec. 651.736 Sale of Supersonic Planes to Israel.— *** [Repealed-1978]

Sec. 652.737 Limitation Upon Exercise of Special Authorities.The President shall not exercise any special authority granted to him under section 506(a) or 610(a) 738 of this Act unless the President, prior to the date he intends to exercise any such authority, notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of each such intended exercise, the section of this Act under which such authority is to be exercised, and the justification for, and the extent of, the exercise of such authority.

Sec. 653.739 Change in Allocation of Foreign Assistance.-(a) Not later than thirty days after the enactment of any law appropriating funds to carry out any provision of this Act (other than sections 451 or 637), the President shall notify the Congress of each foreign country and international organization to which the United States Government intends to provide any portion of the funds under such law and of the amount of funds under that law, by category of assistance, that the United States Government intends to provide to each.740

(b) 741 Notwithstanding any other provision of law, no military grant assistance, assistance under chapter 4 of part II of this Act,742

735 22 U.S.C. 2409. Sec. 650 was added by sec. 302(b) of the FA Act of 1967.

736 Sec. 651, as added by the FA Act of 1968, was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

737 22 U.S.C. 2411. Sec. 304(a)(1) of the FA Act of 1971 amended Sec. 652, which had been added by sec. 8 of the Special Foreign Assistance Act of 1971. Sec. 652 formerly read as follows:

"Sec. 652. Limitation Upon Additional Assistance to Cambodia.-The President shall not exercise any special authority granted to him under sections 506(a), and 614(a) of this Act for the purpose of providing additional assistance to Cambodia, unless the President, at least thirty days prior to the date he intends to exercise any such authority on behalf of Cambodia (or ten days prior to such date if the President certifies in writing that an emergency exists requiring immediate assistance to Cambodia), notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of each such intended exercise, the section of this Act under which such authority is to be exercised, and the justification for, and the extent of, the exercise of such authority."

738 A reference to sec. 614(a), which previously appeared at this point, was struck out by sec. 117(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96533; 94 Stat. 3141).

739 22 U.S.C. 2413. Sec. 653 was added by sec. 304(b) of the FA Act of 1971.

740 Sec. 21(1) of the FA Act of 1974 struck the balance of subsection (a) at this point. The stricken part read as follows: "Notwithstanding any other provision of law the United States Government shall not provide to any foreign country or international organization any funds under that law which exceeds by 10 per centum the amount of military grant assistance or security supporting assistance, as the case may be, which the President notified the Congress that the United States Government intended to provide that country or organization under that law, unless the President (1) determines that it is in the security interests of the United States that such country or organization receive funds in excess of the amount included in such notification for that country or organization, and (2) reports to Congress at least ten days prior to the date on which such excess funds are to be provided to that country or organization, each such determination, including the name of the country or organization to receive funds in excess of such per centum, the amount of funds in excess of that per centum which are to be provided, and the justification for providing the additional assistance."

741 Sec. 21(2) of the FA Act of 1974 redesignated former subsec. (b) as subsec. (c) and added new subsec. (b).

742 The reference to ch. 4 of pt. II was substituted in lieu of a reference to security supporting assistance by sec. 10(b)(3) of the International Security Assistance Act of 1978 (Public Law 95384; 92 Stat. 735).

assistance under chapter 1 of part I of this Act, or assistance under chapter 6 of part II 743 of this Act, may be furnished to any country or international organization in any fiscal year, if such assistance exceeds by 10 percent or more the amount of such military grant assistance, assistance under chapter 4 of part II of this Act,744 assistance under chapter 1 of part I of this Act, or assistance under chapter 6 of part II 743 of this Act, as the case may be, set forth in the report required by subsection (a) of this section, unless

(1) the President reports to the Congress, at least ten days prior to the date on which such excess funds are provided, the country or organization to be provided the excess funds, the amount and category of the excess funds, and the justification for providing the excess funds; and

(2) in the case of military grant assistance or assistance under chapter 4 of part II of this Act 744 or assistance under chapter 6 of part II,743 the President includes in the report under paragraph (1) his determination that it is in the security interest of the United States to provide the excess funds. This subsection shall not apply if the excess funds provided in any fiscal year to any country or international organization for any category of assistance are less than $1,000,000.

(c) 745 The provisions of this section shall not apply in the case of any law making continuing appropriations and may not be waived under the provisions of section 614(a) of this Act.

Sec. 654.746 Presidential Findings and Determinations.-(a) In any case in which the President is required to make a report to the Congress, or to any committee or officer of either House of Congress, concerning any finding or determination under any provision of this Act, the Foreign Military Sales Act, or the Foreign Assistance and Related Programs Appropriation Act for each fiscal year, that finding or determination shall be reduced to writing and signed by the President.

(b) No action shall be taken pursuant to any such finding or determination prior to the date on which that finding or determination has been reduced to writing and signed by the President.

(c) Each such finding or determination shall be published in the Federal Register as soon as practicable after it has been reduced to writing and signed by the President. In any case in which the President concludes that such publication would be harmful to the national security of the United States, only a statement that a determination or finding has been made by the President, including the name and section of the Act under which it was made, shall be published.

(d) No committee or officer of either House of Congress shall be denied any requested information relating to any finding or determination which the President is required to report to the Congress, or to any committee or officer of either House of Congress, under any provision of this Act, the Foreign Military Sales Act, or the

743 The reference to ch. 6 of pt. II was substituted in lieu of a reference to pt. V by sec. 12(c)(2) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 737). 744 The reference to ch. 6 of pt. II was added by sec. 12(c)2) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 737).

745 Sec. 21(2) of the FA Act of 1974 redesignated this former subsec. (b) as subsec. (c). 746 22 U.S.C. 2414. sec. 654 was added by sec. 304(b) of the FA Act of 1971.

Foreign Assistance and Related Programs Appropriation Act for each fiscal year, even though such report has not yet been transmitted to the appropriate committee or officer of either House of Congress.

Sec. 655.747 Limitations Upon Assistance to or for Cambodia.— *** [Repealed-1978]

Sec. 656.748 Limitations on United States Personnel and Personnel Assisted By United States in Cambodia.-* * * [Repealed1978]

Sec. 657.749 Annual Report on Military Assistance and Military Exports. * [Repealed-1981]

* *

Sec. 658.75
750 Limitations on Use of Funds.-

1978]

Sec. 659.751 Access to Certain Military Bases Abroad.—* * * [Repealed-1981]

Sec. 660.752 Prohibiting Police Training.—(a) On and after July 1, 1975, none of the funds made available to carry out this Act, and none of the local currencies generated under this Act, shall be used to provide training or advice, or provide any financial support, for police, prisons, or other law enforcement forces for any foreign government or any program of internal intelligence or surveillance on behalf of any foreign government within the United States or abroad.

(b) Subsection (a) of this section shall not apply—

(1) with respect to assistance rendered under section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968 753 with respect to any authority of the Drug Enforcement Administration or the Federal Bureau of Investigation which relates to crimes of the nature which are unlawful under the laws of the United States, or with respect to assistance authorized under section 482 of this Act; or

747 Sec. 655, as added by the FA Act of 1971, was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

748 Sec. 656, as added by Public Law 92-226 (86 Stat. 20), was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

749 Sec. 657, as originally added by the FA Act of 1971, was repealed by sec. 502(d)(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959). Subsequently, sec. 14 of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 739) added a new sec. 657. Sec. 657 was again repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). Some of the information previously required annually under sec. 657 on military assistance and military exports is now required by sec. 634(a)(10) of this Act and sec. 25(a) of the Arms Export Control Act (pages 169 and 213, respectively).

750 Sec. 658, as added by the FA Act of 1971, was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

751 Sec. 659, as added by sec. 20(a) of the FA Act of 1974, was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). It formerly read as follows:

"Sec. 659. Access to Certain Military Bases Abroad.-None of the funds authorized to be appropriated for foreign assistance (including foreign military sales, credit sales, and guaranties) under this Act may be used to provide any kind of assistance to any foreign country in which a military base is located if

"(1) such base was constructed or is being maintained or operated with funds furnished by the United States; and

"(2) personnel of the United States carry out military operations from such base;

"(3) unless and until the President has determined that the government of such country has, consistent with security authorized access, on a regular basis, to bona fide news media correspondents of the United States to such military base."

752 22 U.S.C. 2420. Sec. 660 was added by sec. 30(a) of the FA Act of 1974.

753 Public Law 90-351, 82 Stat. 197, approved June 19, 1968. Such sec. 515(c) was redesignated as sec. 515(b) by sec. 124 of Public Law 94-503.

(2) to any contract entered into prior to the date of enactment of this section with any person, organization, or agency of the United States Government to provide personnel to conduct, or assist in conducting, any such program.

Notwithstanding clause (2), subsection (a) shall apply to any renewal or extension of any contract referred to in such paragraph entered into on or after such date of enactment.

Sec. 661.754 Trade and Development Program.-(a) 755 The President is authorized to work with friendly countries, especially those in which the United States development programs have been concluded or those not receiving assistance under part I of this Act, in (1) facilitating open and fair access to natural resources of interest to the United States and (2) stimulation of reimbursable aid programs consistent with part I of this Act. Any funds used for purposes of this section may be used notwithstanding any other provision of this Act.

(b) 755 There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $6,907,000 for the fiscal year 1982 and $6,907,000 for the fiscal year 1983. Amounts appropriated under this subsection are authorized to remain available until expended.

Sec. 662.756 Limitation on Intelligence Activities.-No funds appropriated under the authority of this or any other Act may be expended by or on behalf of the Central Intelligence Agency for operations in foreign countries, other than activities intended solely for obtaining necessary intelligence, unless and until the President finds that each such operation is important to the national security of the United States. Each such operation shall be considered a significant anticipated intelligence activity for the purpose of section 501 of the National Security Act of 1947.757

Sec. 663.758 Exchanges of Certain Materials.-(a) Notwithstanding any other provision of law, whenever the President determines

754 22 U.S.C. 2421. Sec. 661 was added by sec. 31 of the FA Act of 1974. The section title was changed from "Reimbursable Development Programs" to "Trade and Development Program" by sec. 312(a) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1536).

755 The International Security and Development Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing Appropriations, 1984; Public Law 98-151; 98 Stat. 969) provided an authorization for the fiscal year 1984 of $22,000,000 to carry out sec. 661. An authorization for fiscal year 1985 was not enacted.

Sec. 312(b) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1536) designated the existing text of sec. 661 as subsec. (a), struck out the authorization level for fiscal year 1981 in the existing text, and added a new subsec. (b).

Authorizations under this section in recent years include: Fiscal year 1977-$2,000,000; fiscal year 1978-$2,000,000; fiscal year 1979--$3,000,000; fiscal year 1980-$3,800,000; fiscal year

1981-$4,000,000.

Foreign Assistance Appropriations Act, 1985 (sec. 101 of the Continuing Appropriations, 1985; Public Law 98-473; 98 Stat. 1891) provides the following:

"Trade and development: For necessary expenses to carry out the provisions of section 661, $21,000,000."

736 22 U.S.C. 2422. Sec. 662 was added by sec. 32 of the FA Act of 1974.

757 Sec. 407 of Public Law 96-450 (94 Stat. 1981) struck out a requirement for a "timely" report to be submitted to the Senate Foreign Relations/House Foreign Affairs Committees regarding the description and scope of operations referred to in this section. Sec. 407 also added this last sentence and struck out subsec. (b). Subsec. (b) formerly read as follows:

"(b) The provisions of subsection (a) of this section shall not apply during military operations initiated by the United States under a declaration of war approved by the Congress or an exercise of powers by the President under the War Powers Resolution."

758 22 U.S.C. 2423; sec. 663 was added by sec. 32 of the FA Act of 1974.

it is in the United States national interest, he shall furnish assistance under this Act or shall furnish defense articles or services under the Foreign Military Sales Act pursuant to an agreement with the recipient of such assistance, articles, or services which provides that such recipient may only obtain such assistance, articles, or services in exchange for any necessary or strategic raw material controlled by such recipient. For the purposes of this section, the term "necessary or strategic raw material" includes petroleum, other fossil fuels, metals, minerals, or any other natural substance which the President determines is in short supply in the United States.

(b) The President shall allocate any necessary or strategic raw material transferred to the United States under this section to any appropriate agency of the United States Government for stockpiling, sale, transfer, disposal, or any other purpose authorized by law.

(c) Funds received from any disposal of materials under subsection (b) shall be deposited as miscellaneous receipts in the United States Treasury.

Sec. 664.759 Waiver of Prohibition Against Assistance to Countries Engaging in Certain Trade.-* * [Repealed-1977]

*

Sec. 665.760 Transition Provisions for Interim Quarter.[Repealed-1978]

Sec. 666.761 Discrimination Against United States Personnel.—(a) The President shall not take into account, in assigning officers and employees of the United States to carry out any economic development assistance programs funded under this Act in any foreign country, the race, religion, national origin, or sex of any such officer or employee. Such assignments shall be made solely on the basis of ability and relevant experience.

(b) Effective six months after the date of enactment of the International Development and Food Assistance Act of 1975, or on such earlier date as the President may determine, none of the funds made available under this Act may be used to provide economic development assistance to any country which objects to the presence of any officer or employee of the United States who is present in such country for the purpose of carrying out any program of economic development assistance authorized by the provisions of this Act on the basis of the race, religion, national origin, or sex of such officer or employee.

(c) The Secretary of State shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of this section.

759 22 U.S.C. 2424. Sec. 664, as added by sec. 33 of the FA Act of 1974, was repealed by sec. 123(c) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541). It formerly read as follows:

"SEC. 664. WAIVER OF PROHIBITION AGAINST ASSISTANCE TO COUNTRIES ENGAGING IN CERTAIN TRADE. Any provision of this Act which prohibits assistance to a country because that country is engaging in trade with a designated country, or because that country permits ships or aircraft under its registry to transport any equipment, materials, or commodities to or from such designated country, may be waived by the President if he determines that such waiver is in the national interest and reports such determination to the Congress."

760 Sec. 665, as added by Public Law 94-161 (89 Stat. 849), was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961). 761 22 U.S.C. 2426. Sec. 666 was added by sec. 318 of Public Law 94-161 (89 Stat. 849).