22 U.S.C. § 2755 — Discrimination prohibited if based on race, religion, national origin, or sex
submitted 50 years ago by Pub. L. 90-629 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 774 words · no verdicts yet
The section states a policy against defense sales, credits, or guarantees to countries that discriminate against United States participants, and sets reporting and congressional-review procedures.
(a) The United States’ policy is that it should not sell to, or extend credits or guarantees to or for, a country whose laws, rules, official policies, or government practices prevent a United States person, as defined in section 7701(a)(30) of title 26, from helping furnish defense articles or services because of race, religion, national origin, or sex. (b)(1) An agency acting under this chapter may not consider such a foreign government’s exclusionary policies when hiring or assigning personnel, in the United States or abroad. (2) Each related contract must require every contractor not to do so either. (c) The President must promptly report each instance in which a foreign government prevents a United States person from participating in a sale, licensed transaction, or treaty-based import or export for those reasons. The report must describe the facts, the United States response, and its result. (d)(1) On either listed committee’s request, within 60 days the President must send both committees a Secretary-of-State-assisted statement about the country: available information about the exclusion, the United States response and result, whether extraordinary circumstances require continuing the transaction and to what extent, whether continuation is in the national interest, and other requested information. (2) If the statement is late, the transaction is suspended until it is sent. (3) Congress may afterward end or restrict it by joint resolution. Senate consideration follows section 601(b) of the 1976 Act, and “certification” there means this statement.
It is the policy of the United States that no sales should be made, and no credits (including participations in credits) or guaranties extended to or for 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 title 26) from participating in the furnishing of defense articles or defense services under this chapter on the basis of race, religion, national origin, or sex.
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.
Each 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.
The President shall promptly transmit reports to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the chairman* of the Committee on Foreign Relations of the Senate concerning any instance in which any United States person (as defined in section 7701(a)(30) of title 26) is prevented by a foreign government on the basis of race, religion, national origin, or sex, from participating in the performance of any sale or licensed transaction under this chapter or any import or export under a treaty referred to in section 2778(j)(1)(C)(i) of this title. Such reports shall include (1) a description of the facts and circumstances of any such discrimination, (2) the response thereto on the part of the United States or any agency or employee thereof, and (3) the result of such response, if any.
Upon the request of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs 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 Secretary of State, with respect to the country designated in such request, setting forth—
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 the performance of any sale or licensed transaction under this chapter;
the response of the United States thereto and the results of such response;
whether, in the opinion of the President, notwithstanding any such policies or practices—
extraordinary circumstances exist which necessitate a continuation of such sale or licensed transaction, and, if so, a description of such circumstances and the extent to which such sale or licensed transaction should be continued (subject to such conditions as Congress may impose under this section), and
on all the facts it is in the national interest of the United States to continue such sale or licensed transaction; and
such other information as such committee may request.
In the event a statement with respect to a sale or licensed transaction is requested pursuant to paragraph (1) of this subsection but is not transmitted in accordance therewith within 60 days after receipt of such request, such sale or licensed transaction shall be suspended unless and until such statement is transmitted.
In the event a statement with respect to a sale or licensed transaction is transmitted under paragraph (1) of this subsection, the Congress may at any time thereafter adopt a joint resolution terminating or restricting such sale or licensed transaction.
Any such resolution 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.
The term “certification”, as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under paragraph (1) of this subsection.
Source credit: (Pub. L. 90–629, ch. 1, § 5, as added Pub. L. 94–329, title III, § 302(b), June 30, 1976, 90 Stat. 752; amended Pub. L. 95–105, title I, § 109(a)(5), Aug. 17, 1977, 91 Stat. 846; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–236, title I, § 162(f), Apr. 30, 1994, 108 Stat. 405; Pub. L. 103–437, § 9(a)(7), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 111–266, title I, § 104(b), Oct. 8, 2010, 124 Stat. 2799; Pub. L. 113–276, title II, § 208(a)(1), Dec. 18, 2014, 128 Stat. 2992.)
- 1976Enacted · Pub. L. 90-629 · 90 Stat. 752
- 1977Amended · Pub. L. 95-105 · 91 Stat. 846
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
- 1994Amended · Pub. L. 103-236 · 108 Stat. 405
- 1994Amended · Pub. L. 103-437 · 108 Stat. 4588
- 2010Amended · Pub. L. 111-266 · 124 Stat. 2799
- 2014Amended · Pub. L. 113-276 · 128 Stat. 2992
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-629 on 1976-06-30.
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