ernment 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 644 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

(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. 661.645 Reimbursable Development Programs.-The President is authorized to use $3,000,000 of the funds made available for the purposes of this Act for the fiscal year 1979,646 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.

Sec. 662.647 Limitation on Intelligence Activities.--(a) 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 and reports, in a timely fashion, a description and scope of such operation to the appropriate committees of the Congress, including the Committee on Foreign Relations of the United States Senate and the Committee on Foreign Affairs of the United States House of Representatives.

(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.

Sec. 663.648 Exchanges of Certain Materials.-(a) Notwithstanding any other provision of law, whenever the President determines 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 649 pursuant to an agreement with the recipient of such assistance, articles, or services which provides that

644 Public Law 90-351: 82 Stat. 197, approved June 19, 1968.

645 22 USC 2421. Sec. 661 was added by Sec. 31 of the FAAct of 1974.

646 The authorization figure for fiscal year 1979 was added by Sec. 121 of the International Development and Food Assistance Act of 1978 (92 Stat. 954). The figure for each of fiscal year 1977 and fiscal year 1978 was $2.000.000.

647 22 USC 2422. Sec. 662 was added by Sec. 32 of the FAAct of 1974.

648 22 USC 2423. Sec. 663 was added by Sec. 32 of the FAAct of 1974. 649 For text, see page 253.

36-588 O-79-11

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 * * * [Repealed 1977]

Sec. 665.651 Transition Provisions for Interim Quarter. [Repealed-1978]

Sec. 666.652 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.

Sec. 667.653 Operating Expenses. (a) There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes, for the fiscal year 1979—

(1) $261,000,000 for necessary operating expenses of the agency primarily responsible for administering part I of this Act; and

650 USC 2424. Sec. 664, as added by Sec. 33 of the FAAct of 1974, was repealed by Sec. 123(c) of the International Development and Food Assistance Act of 1977 (91 Stat. 541). If 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.

651 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 (92 Stat. 961).

652 22 USC 2426. Sec. 666 was added by Sec. 318 of Public Law 94-161 (89 Stat. 849). 653 22 USC 2427. Sec. 667, was added by Sec. 319 of Public Law 94-161 (89 Stat. 849). was amended and restated by Sec. 129(a) of the International Development and Food Assistance Act of 1977 (91 Stat. 543). It formerly read as follows:

"SEC. 667. OPERATING EXPENSES.-Nothing in this Act is intended to preclude the Committees on Appropriations. in appropriation legislation. from setting a ceiling on onerating expenses of the agency primarily responsible for administering part I and limiting the availability of other sums therefor."

(2) such amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs of such agency.

(b) Amounts appropriated under this section are authorized to remain available until expended.654

Sec. 668.655 Report on Korea.-Within ninety days after the enactment of this section, and at least once during each of the next five years, the President shall transmit to the Speaker of the House of Representatives and to the Committees on Foreign Relations and Armed Services of the Senate a report which (1) reviews the progress made under the announced program of the Republic of Korea to modernize its armed forces so as to achieve military self-sufficiency by 1980, (2) reports on the role of the United States in mutual security efforts in the Republic of Korea, and (3) reports on the prospects for or implementation of phased reduction of United States Armed Forces assigned to duty in the Republic of Korea, in coordination with the timetable of the Republic of Korea for military self-sufficiency.

Sec. 669.656 Nuclear Enrichment Transfers. (a) Except as provided in subsection (b), no funds authorized to be appropriated by this Act or the Arms Export Control Act may be used for the purpose of providing economic assistance (including assistance under chapter 4 or part II), providing military 657 assistance or grant military education and training, providing assistance under chapter 6 of part II,658 or extending military credits or making guarantees, to any country which, on or after the date of enactment of the International Security Assistance Act of 1977, delivers nuclear enrichment equipment, materials, or technology to any other country, or receives such equipment, materials, or technology from any other country, unless before such delivery

(1) the supplying country and receiving country have reached agreement to place all such equipment, materials, or technology, upon delivery, under multilateral auspices and management when available; and

(2) the recipient country has entered into an agreement with the International Atomic Energy Agency to place all such equipment, materials, technology, and all nuclear fuel and facilities in such country under the safeguards system of such Agency.

654 The authorization figure for fiscal year 1979 was added by Sec. 506 of the International Development and Food Assistance Act of 1978 (92 Stat. 960).

FA Appropriations Act, 1979:

"Operating expenses of the Agency for International Development: For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961. as amended, $254.000,000: Provided. That not more than $97,000.000 of this amount shall be for AID-Washington Operating Expenses: Provided further, That not to exceed $700,000 of funds provided to the Agency for International Development by this Act shall be available for hiring experts and consultants pursuant to 5 U.S.C. 3109: Provided further, That not to exceed $10.000.000 of the funds made available by this Act shall be made available for personal service contracts and that of this amount not to exceed $2.000.000 shall be made available from Operating Expenses of the Agency for International Development and not to exceed $8,000,000 shall be available from other funds made available by this Act." 655 22 USC 2428. Sec. 668 was added by Sec. 411 of the International Security Assistance and Arms Export Control Act of 1976.

650 22 USC 2429. Sec. 669. as added by Sec. 305 of Public Law 94-329, was amended and restated by Sec. 12 of the International Security Assistance Act of 1977 (91 Stat. 620). 637 Sec. 10(b) (4) of the International Security Assistance Act of 1978 (92 Stat. 735) added the parenthetical phrase and struck the words "or security supporting" which previously appeared at this point.

638 The reference to chapter 6 of rart II was added by Sec. 12(c) (3) of the International Security Assistance Act of 1978 (92 Stat. 737).

(b) (1) Notwithstanding subsection (a) of this section, the President may furnish assistance which would otherwise be prohibited under such subsection if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that

(A) the termination of such assistance would have a serious adverse effect on vital United States interests; and

(B) he has received reliable assurances that the country in question will not acquire or develop nuclear weapons or assist other nations in doing so.

Such certification shall set forth the reasons supporting such determination in each particular case.

(2) Any joint resolution which would terminate or restrict assistance described in subsection (a) with respect to a country to which the prohibition in such subsection applies shall, if introduced within thirty days after the transmittal of a certification under paragraph (1) of this subsection with respect to such country, be considered in the Senate in accordance with the provisions of section 601 (b) of the International Security Assistance and Arms Export Control Act of 1976. Sec. 670.659 Nuclear Reprocessing Transfers and Nuclear Detonations. (a) Except as provided in subsection (b), no funds authorized to be appropriated by this Act or the Arms Export Control Act may be used for the purpose of providing economic assistance (including assistance under chapter 4 of part II), providing military 657 assistance or grant military education and training, providing assistance under chapter 6 of part II 658 or extending military credits or making guarantees, to any country which on or after the date of enactment of the International Security Assistance Act of 1977

(1) delivers nuclear reprocessing equipment, materials, or technology to any other country or receives such equipment, materials, or technology from any other country (except for the transfer of reprocessing technology associated with the investigation, under international evaluation programs in which the United States participates, of technologies which are alternatives to pure plutonium reprocessing); or

(2) is not a nuclear-weapon state as defined in article IX (3) of the Treaty on the Non-Proliferation of Nuclear Weapons 660 and which detonates a nuclear explosive device.

(b) (1) Notwithstanding subsection (a) of this section, the President may furnish assistance which would otherwise be prohibited under such subsection if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security. The President shall transmit with such certification a statement setting forth the specific reasons therefor.

(2) Any joint resolution which would terminate or restrict assistance described in subsection (a) with respect to a country to which the prohibition in such subsection applies shall, if introduced within thirty

659 22 USC 2429a. Sec. 670 was added by Sec. 12 of the International Security Assistance Act of 1977 (91 Stat. 620)

660 For text, see page 38, Vol. III.

days after the transmittal of a certification under paragraph (1) of this subsection with respect to such country, be considered in the Senate in accordance with the provisions of section 601 (b) of the International Security Assistance and Arms Export Control Act of 1976.

NOTE.-Sec. 671 was redesignated as Sec. 634A by Sec. 502 (b) of the International Development and Food Assistance Act of 1978 (92 Stat. 959).

PART VI 663 *** [Repealed-1978]

601 Part IV, which related to amendments to other laws, was repealed by Sec. 401 of the FAAct of 1962 and provided that the "repeal shall not be deemed to affect amendments contained in such part".

Part V, which related to Indochina Postwar Reconstruction, was repealed by Sec. 413 of the International Security Assistance and Arms Export Control Act of 1976. For complete text of regulations governing determinations, authorizations, etc., and remaining funds under part V. see page 311.

663 Part VI, which related to assistance to the Middle East and had been added by the FAAct of 1974, was repealed by Sec. 12(b) (4) of the International Security Assistance Act of 1978 (92 Stat._737). See Sec. 553 of this Act for text concerning the Middle East Special Requirements Fund.