tially increase the amount of funds it provides to multilateral development banks for technical assistance grants.

B. As used in subparagraph A

I the term "technical assistance grants" means funding by multilateral development banks of services from the United States in connection with projects and programs supported by such banks, including, but not limited to, engineering, design, and consulting services; and

the term "multilateral development bank" has the meaning given that term in section 1701 c of the International Financial Institutions Act.

Sec. 662. Limitation on Intelligence Activities.—・ ・ ・ [Repealed-19911

Sec. 663.93% 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 pursuant to an agreement with the recipient of such assistance, articles, or services which provides that such recipient may only obtain such assistance, articies, 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 stock piling, 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Sec. 664.937 Waiver of Prohibition Against Assistance to Countries Engaging in Certain Trade.-** [Repealed-1977]

935 Formerly 22 USC. 2422. Sec. 601 of the Intelligence Authorization Act, Fiscal Year 1991 (Public Law 102-88: 105 Stat. 441), repealed sec. 662. The section, added by sec. 32 of the FA Act of 1974, had provided the following prohibition:

"Sec. 662. 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" Public Law 102-88 also amended and restated the relevant sections of the National Security Act of 1947 (50 US.C. 413 et seq., see Legislation on Foreign Relations Through 1992, vol. IV. *34 22 US.C. 2423. Sec. 663 was added by sec. 32 of the FA Act of 1974

37 22 US.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.".

Sec. 665.938 Transition Provisions for Interim Quarter.-* * [Repealed-1978]

Sec. 666.939 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. 667.940 Operating Expenses. (a) There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes

(1) $387,000,000 for the fiscal year 1986 and $387,000,000 for the fiscal year 1987 941 for necessary operating expenses of the

938 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). 939 22 U.S.C. 2426. Sec. 666 was added by sec. 318 of Public Law 94-161 (89 Stat. 849).

940 22 U.S.C. 2427. Sec. 667, as 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 (Public Law 95-88; 91 Stat. 543).

941 The authorization figures for fiscal years 1986 and 1987 were added by sec. 406 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219). Authorizations under this section during recent years include: fiscal year 1979$261,000,000; fiscal year 1980 $263,000,000; fiscal year 1981-$293,800,000; fiscal year 1982$335,600,000; fiscal year 1983 $335,600,000; fiscal year 1984 $370,000,000; 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. Congress did not enact an authorization for fiscal year 1993. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391), waived the requirements for authorization, and title II of that Act (106 Stat. 1643) provided the following:

"OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

"For necessary expenses to carry out the provisions of section 667, $512,000,000: Provided, That in order to effectively monitor its program for the West Bank and Gaza, the Agency for International Development shall station at least one professional at the Consulate General in Jerusalem and at least one professional at the United States Embassy in Tel Aviv: Provided further, That the Agency for International Development shall not designate drivers and cars or provide portal-to-portal transportation service for the Administrator and Deputy Administrator: Provided further, That the Agency for International Development shall use Pakistani program funds to pay the severance costs of the agency's foreign service nationals.

"OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR

GENERAL

"For necessary expenses to carry out the provisions of section 667, $39,316,000, which sum shall be available only for the operating expenses of the Office of the Inspector General notwithstanding section 451 or 614 of the Foreign Assistance Act of 1961 or any other provision of law: Provided, That except as may be required by an emergency evacuation affecting the United

Continued

agency primarily responsible for administering part I of this Act, $42 of which $21,750,000 for the fiscal year 1987 is authorized for the necessary operating expenses of the Office of the Inspector General of the Agency for International Development $41 and the remaining amount for the fiscal year is authorized for other necessary operating expenses of that agency

and

(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.

Sec. 668.943 Report on Korea.-・・・ [Repealed-1981]

Sec. 669.944 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 945 assistance or grant military education and training, providing assistance under chapter 6 of part II,946 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

States diplomatic missions of which they are a component element, none of the funds in this Act, or any other Act, may be used to relocate the overseas Regional Offices of the Inspector General to a location within the United States without the express approval of the Inspector General: Provided further. That the total number of positions authorized for the Office of Inspector General in Washington and overseas shall be not less than two hundred and fifty-one at September 30, 1993: Provided further, That for purposes of economy and efficiency and to preclude duplication among executive Departments and agencies with program responsibilities for providing economic assistance to Eastern Europe and the new independent states of the former Soviet Union, the inspector general responsibility (as set forth in the Inspector General Act of 1978, as amended) over the field activities of such programs shall, subject to the concurrence of such Departments and agencies, be the responsibility of the Office of the Inspector General of the Agency for International Development: Provided further, That not less than $600,000 of the funds appropriated under the heading Assistance for the New Independent States of the Former Soviet Union' shall be made available for the Office of the Inspector General of the Agency for International Development to carry out audit and other responsibilities with regard to assistance programs for such new independent states: Provided further, That none of the funds appropriated under this heading may be used to subsidize or pay the cost of recreational or health club activities for employees of the Office of the Inspector General.".

942 The words following "Act" were added by sec. 402 of Public Law 99-529 (100 Stat. 3010). 943 Sec. 668, as added by sec. 411 of Public Law 94-329 (90 Stat. 760), was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97113; 95 Stat. 1560). This report, which had been required on an annual basis, 1976-81, included information on progress made by Korea to modernize its armed forces, on the U.S. role in mutual security efforts in Korea, and on prospects for or implementation of phased reduction of U.S. Armed Forces assigned to duty in Korea. Similar information is now required under sec. 25(ax9) of the Arms Export Control Act.

944 22 U.S.C. 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 (Public Law 95-92; 91 Stat. 620).

See also sec. 620E of this Act (page 254) which authorizes the President to waive the prohibitions contained in sec. 669 in order to provide assistance to Pakistan.

945 Sec. 10 b*4) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 735), added the parenthetical phrase and struck the words "or security supporting" which previously appeared at this point.

946 The reference to chapter 6 of part II was added by sec. 12(c)3) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 737).

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.

(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.947

(2) 948 (A) A certification under paragraph (1) of this subsection shall take effect on the date on which the certification is received by the Congress. However, if, within 30 calendar days after receiving this certification, the Congress adopts a concurrent resolution stating in substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the adoption of that resolution the certification shall cease to be effective and all deliveries of assistance furnished under the authority of that certification shall be suspended immediately.

(B) Any concurrent resolution under this paragraph shall 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.

(C) For the purpose of expediting the consideration and adoption of concurrent resolutions under this paragraph, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

Sec. 670.949 Nuclear Reprocessing Transfers, Illegal Exports for Nuclear Explosive Devices, Transfers of Nuclear Explosive De

947 Sec. 735 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1561) required an annual report from the President beginning with fiscal year 1983 on the nuclear programs and related activities of any country for which a waiver of secs. 669 or 670 is in effect. See page 493 for the complete text of sec. 735.

948 Par. (2) was amended and restated by sec. 737(b) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1562). It formerly read as follows: “(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.".

949 22 U.S.C. 2429a. Sec. 670, as added by sec. 12 of Public Law 95-92 (91 Stat. 620), was amended and restated by sec. 737(c) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1562).

Sec. 737(a) of Public Law 97-113 also provided the following:

Continued

vices, and Nuclear Detonations. (a)(1) Except as provided in paragraph (2) of this subsection, 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 assistance or grant military education and training, providing assistance under chapter 6 of part II, or extending military credits or making guarantees, to any country which (A) 95 950 on or after the date of enactment of the International Security Assistance Act of 1977 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, or technologies which are alternatives to pure plutonium reprocessing), or (B) 950 is a non-nuclear-weapon state which, on or after the date of enactment of the International Security and Development Cooperation Act of 1985, exports illegally (or attempts to export illegally) from the United States any material, equipment, or technology which would contribute significantly to the ability of such country to manufacture a nuclear explosive device, if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of a nuclear explosive device. For purposes of clause (B), an export (or attempted export) by a person who is an agent of, or is otherwise acting on behalf of or in the interests of, a country shall be considered to be an export (or attempted export) by that country.

(2) Notwithstanding paragraph (1) of this subsection, the President may furnish assistance which would otherwise be prohibited under that paragraph 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.947

(3)(A) A certification under paragraph (2) of this subsection shall take effect on the date on which the certification is received by the Congress. However, if, within 30 calendar days after receiving this certification, the Congress adopts a concurrent resolution stating in substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the adoption of that resolution the certification shall cease to be effective and all deliv

"Sec. 737. (a) The Congress finds that any transfer of a nuclear explosive device to a non-nuclear-weapon state or, in the case of a non-nuclear-weapon state, any receipt or detonation of a nuclear explosive device would cause grave damage to bilateral relations between the United States and that country.".

The language in the caption of sec. 670: "Illegal Exports for Nuclear Explosive Devices", was added by sec. 1204(b) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 277).

*** Subpar. (B) and the designation for subpar. (A) were added by sec. 1204(a) (1), (2), and (3) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat