priating funds to carry out any provision of this Act (other than section 451 or 637) or the Arms Export Control Act,828 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.829

(b) 830 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. 654.831 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 Foreign Assistance and Related Programs Appropriation Act for each fiscal year, even though such report has not yet been trans

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."

828 This reference to the Arms Export Control Act was added by sec. 1209(b)(1) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83, 99 Stat. 279).

829 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.'

830 Sec. 1209(b)(3) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83, 99 Stat. 279) redesignated this former subsec. (c) as subsec. (b).

831 22 U.S.C. 2414. Sec. 654 was added by sec. 304(b) of the FA Act of 1971.

mitted to the appropriate committee or officer of either House of Congress.

Sec. 655.832 Limitations Upon Assistance to or for Cambodia.[Repealed-1978]

* * *

Sec. 656.833 Limitations on United States Personnel and Personnel Assisted by United States in Cambodia.-*** [Repealed1978]

Sec. 657.834 Annual Report on Military Assistance and Military Exports.-** * [Repealed-1981]

Sec. 658.835 Limitations on Use of Funds. 1978]

*

[Repealed

Sec. 659.836 Access to Certain Military Bases Abroad.-*** [Repealed-1981]

Sec. 660.837 Prohibiting Police Training.-(a) 838 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 839 with respect to any authority of the Drug Enforcement Administration or the Federal Bureau of Investigation which relates

832 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).

833 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).

834 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 228 and 277, respectively).

835 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).

836 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;

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

"(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."

837 22 U.S.C. 2420. Sec. 660 was added by sec. 30(a) of the FA Act of 1974.

838 Sec. 4205(b) of the Omnibus Anti-Substance Abuse Act of 1988 (Public Law 100-690, 102 Stat. 4270) waived certain provisions of sec. 660(a) for fiscal years 1989 and 1990, with respect to assistance provided under chapter 2 of part II (relating to the grant military assistance program) "to countries described in subsection (c) for the procurement, for use in narcotics control, eradication, and interdiction efforts, of weapons or ammunition for foreign law enforcement agencies, or other units, that are organized for the specific purpose of narcotics enforcement." For full text, see page 705.

839 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.

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;

(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; or

(3) 840 with respect to assistance, including training, in maritime law enforcement and other maritime skills.

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.

(c) 838, 841 Subsection (a) shall not apply with respect to a country which has a longstanding democratic tradition, does not have standing armed forces, and does not engage in a consistent pattern of gross violations of internationally recognized human rights.

(d) 841, 842 Notwithstanding the prohibition contained in subsection (a), assistance may be provided to Honduras or El Salvador for fiscal years 1986 and 1987 if, at least 30 days before providing assistance, the President notifies the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act, that he has determined that the government of the recipient country has made significant progress, during the preceding six months, in eliminating any human rights violations including torture, incommunicado detention, detention of persons solely for the non-violent expression of their political views, or prolonged detention without trial. Any such notification shall include a full description of the assistance which is proposed to be provided and of the purposes to which it is to be directed.

Sec. 661.843 Trade and Development Program.-(a) 844 The President is authorized to work with friendly countries, especially

840 Clause (3) was added by sec. 127(b) by Public Law 99-83, 99 Stat. 205.

841 Subsecs. (c) and (d) were added by sec. 711 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83, 99 Stat. 244).

842 Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461, 102 Stat. 2268), under the heading "Economic Support Fund", provided:

"That notwithstanding section 660 of the Foreign Assistance Act of 1961 up to $1,000,000 of the funds appropriated under this heading may be made available to assist the Government of El Salvador's Special Investigative Unit for the purpose of bringing to justice those responsible for the murders of United States citizens in El Salvador: Provided further, That a report of the investigation shall be provided to the Congress".

See also Presidential Determination No. 86-2 of October 29, 1985, 50 F.R. 48073, "Presidential Determination to Make Available Assistance to the Public Security Forces in El Salvador." 843 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).

844 The authorization levels for fiscal year 1986 and fiscal year 1987 were provided by sec. 405 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83, 99 Stat. 219). Sec. 405 of the Act also deleted the following words from the end of subsec. (b): "Amounts appropriated under this subsection are authorized to remain available until expended".

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; fiscal year 1982-$6,907,000; fiscal year 1983-$6,907,000; fiscal year 1984$22,000,000; fiscal year 1985—no authorization; fiscal year 1988—no authorization.

Continued

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. Funds under this section may be used to provide support for both bilateral and multilateral projects, including training activities undertaken in connection with a project, for the purpose of promoting the use of Untied States exports in such projects. 845 Any funds used for purposes of this section may be used notwithstanding any other provision of this Act.

(b) 846 (1) The purposes of this section shall be carried out by the Trade and Development Program, which shall be a separate component agency of the International Development Cooperation Agency. The Trade and Development Program shall not be an agency within the Agency for International Development or any other component agency of the International Development Cooperation Agency.

(2) There shall be at the head of the Trade and Development Program a Director. Any individual appointed as the Director on or after January 1, 1989, shall be appointed by the President, by and with the advice and consent of the Senate.

(3) The Trade and Development Program should serve as the primary Federal agency to provide information to persons in the private sector concerning trade development and export promotion related to bilateral development projects. The Trade and Development Program shall cooperate with the Office of International Major Projects of the Department of Commerce in providing information to persons in the private sector concerning trade development and export promotion related to multilateral development projects. Other Federal departments and agencies shall cooperate with the Trade and Development Program in order for the Program to more effectively provide informational services in accordance with this paragraph.

Congress did not enact an authorization for fiscal year 1989. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461, 102 Stat. 2268), waived the requirement for authorizations and appropriated the following for the "Trade and Development Program":

"For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $25,000,000: Provided, That except as provided in this or any other Act appropriating funds for foreign operations, export financing, and related programs, no provision of law enacted after May 19, 1988, may transfer funds to, or otherwise make available funds for, the Trade and Development Program: Provided, That notwithstanding any other provision of law, any funds contained in any previously enacted Act appropriating funds for foreign operations, export financing, and related programs which are transferred or otherwise made available to carry out the purposes of section 661 of the Foreign Assistance Act of 1961 may be deobligated and thereafter reobligated for the purposes for which such funds were originally appropriated: Provided further, That of the amounts appropriated under this heading up to $5,000,000 may be used for joint financing with individual State trade promotion organizations of activities directed at the expansion of trade with developing and middle income countries, including such activities as trade fairs, seminars, targeting and feasibility studies, and activities directed at enhancing the use of exports from the United States in bilateral and multilateral projects."

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).

845 This sentence was added by sec. 2204(b)(1) of Public Law 100-418, 102 Stat. 1329.

846 Sec. 2204(b)2) of Public Law 100-418 (102 Stat. 1329) redesignated subsec. (b) as (d), and inserted subsecs.(b) and (c).

(4) The Director of the Trade and Development Program shall, not later than December 31 of each year, submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the activities of the Trade and Development Program in the preceding fiscal year.

(c) 846 The Director of the Trade and Development Program shall, by regulation, establish an advisory board which shall include representatives of the private sector. The purpose of the advisory board shall be to make recommendations to the Director with respect to the Trade and Development Program.

(d) 844, 846 There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $20,000,000 for the fiscal year 1986 and $20,000,000 for the fiscal year 1987.

Sec. 662.847 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 1947.848

Sec. 663.849 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, 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.

847 22 U.S.C. 2422. Sec. 662 was added by sec. 32 of the FA Act of 1974.

848 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."

849 22 U.S.C. 2423. Sec. 663 was added by sec. 32 of the FA Act of 1974.