Page:United States Statutes at Large Volume 90 Part 1.djvu/801

 PUBLIC LAW 94-329—JUNE 30, 1976

90 STAT. 751

PROHIBITION AGAINST DISCRIMINATION

SEC. 302. (a) Section 505 of the Foreign Assistance Act of 1961 is amended by adding a t the end thereof the following new subsection: " (g)(1) I t is the policy of the United States that no assistance under this chapter should be furnished to any foreign country, the laws, regulations, official policies, or governmental practices of which prevent any United States person (as defined in section 7701(a) (30) of the I n t e r n a l Revenue Code of 1954) from participating in the furnishing of defense articles or defense services under this chapter on the basis of race, religion, national origin, or sex. " (2)(A) No agency performing functions under this chapter shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon- race, religion, national origin, or sex. " (B) E a c h contract entered into by any such agency for the performance of any function under this chapter shall contain a provision to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex. " (3) The President shall promptly transmit reports to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate concerning any transaction in which any United States person (as defined in section 7701(a) (30) of the I n t e r n a l Revenue Code of 1954) is prevented by a foreign government on the basis of race, religion, national origin, or sex, from participating in the furnishing of assistance under this chapter, or education and t r a i n i n g under chapter 5, to any foreign country. Such reports shall include (A) a description of the facts and circumstances of any such discrimination, (B) the response thereto on the part of the United States or any agency or employee thereof, and (C) the result of such response, if any. " (4)(A) Upon the request of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, the President shall, within 60 days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Coordinator for Human Rights and Human i t a r i a n Affairs, with respect to the country designated in such request, setting forth— " (i) all the available information about the exclusionary policies or practices of the government of such country when such policies or practices are based upon race, religion, national origin, or sex and prevent any such person from participating in a transaction involving the furnishing of any assistance under this chapter or any education and t r a i n i n g under chapter 5; " ( i i) the response of the United States thereto and the results of such response; " ( i i i) whether, in the opinion of the President, notwithstanding any such policies or practices— " (I) extraordinary circumstances exist which necessitate a continuation of such assistance or education and t r a i n i n g transaction, and, if so, a description of such circumstances

89-194 O—78—pt. 1

51

22 USC 2314.

26 USC 7701.

Reports, transmittal to Speaker of the House and congressional committee.

Ante, p. 732.

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