
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2151n]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
  Part I--Declaration of Policy; Development Assistance Authorizations
 
Sec. 2151n. Human rights and development assistance


(a) Violations barring assistance; assistance for needy people

    No assistance may be provided under subchapter I of this chapter to 
the government of any country which engages in a consistent pattern of 
gross violations of internationally recognized human rights, including 
torture or cruel, inhuman, or degrading treatment or punishment, 
prolonged detention without charges, causing the disappearance of 
persons by the abduction and clandestine detention of those persons, or 
other flagrant denial of the right to life, liberty, and the security of 
person, unless such assistance will directly benefit the needy people in 
such country.

(b) \1\ Information to Congressional committees for realization of 
        assistance for needy people; concurrent resolution terminating 
        assistance
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    \1\ So in original. Two subsecs. (b) have been enacted.
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    In determining whether this standard is being met with regard to 
funds allocated under subchapter I of this chapter, the Committee on 
Foreign Relations of the Senate or the Committee on Foreign Affairs of 
the House of Representatives may require the Administrator primarily 
responsible for administering subchapter I of this chapter to submit in 
writing information demonstrating that such assistance will directly 
benefit the needy people in such country, together with a detailed 
explanation of the assistance to be provided (including the dollar 
amounts of such assistance) and an explanation of how such assistance 
will directly benefit the needy people in such country. If either 
committee or either House of Congress disagrees with the Administrator's 
justification it may initiate action to terminate assistance to any 
country by a concurrent resolution under section 2367 of this title.

(b) \1\ Protection of children from exploitation

    No assistance may be provided to any government failing to take 
appropriate and adequate measures, within their means, to protect 
children from exploitation, abuse or forced conscription into military 
or paramilitary services.

(c) Factors considered

    In determining whether or not a government falls within the 
provisions of subsection (a) of this section and in formulating 
development assistance programs under subchapter I of this chapter, the 
Administrator shall consider, in consultation with the Assistant 
Secretary of State for Democracy, Human Rights, and Labor and in 
consultation with the Ambassador at Large for International Religious 
Freedom--
        (1) the extent of cooperation of such government in permitting 
    an unimpeded investigation of alleged violations of internationally 
    recognized human rights by appropriate international organizations, 
    including the International Committee of the Red Cross, or groups or 
    persons acting under the authority of the United Nations or of the 
    Organization of American States;
        (2) specific actions which have been taken by the President or 
    the Congress relating to multilateral or security assistance to a 
    less developed country because of the human rights practices or 
    policies of such country; and
        (3) whether the government--
            (A) has engaged in or tolerated particularly severe 
        violations of religious freedom, as defined in section 6402 of 
        this title; or
            (B) has failed to undertake serious and sustained efforts to 
        combat particularly severe violations of religious freedom (as 
        defined in section 6402 of this title), when such efforts could 
        have been reasonably undertaken.

(d) Report to Speaker of House and Committee on Foreign Relations of the 
        Senate

    The Secretary of State shall transmit to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the Senate, by 
February 25 of each year, a full and complete report regarding--
        (1) the status of internationally recognized human rights, 
    within the meaning of subsection (a) of this section--
            (A) in countries that receive assistance under subchapter I 
        of this chapter, and
            (B) in all other foreign countries which are members of the 
        United Nations and which are not otherwise the subject of a 
        human rights report under this chapter;

        (2) wherever applicable, practices regarding coercion in 
    population control, including coerced abortion and involuntary 
    sterilization;
        (3) the status of child labor practices in each country, 
    including--
            (A) whether such country has adopted policies to protect 
        children from exploitation in the workplace, including a 
        prohibition of forced and bonded labor and policies regarding 
        acceptable working conditions; and
            (B) the extent to which each country enforces such policies, 
        including the adequacy of the resources and oversight dedicated 
        to such policies;

        (4) the votes of each member of the United Nations Commission on 
    Human Rights on all country-specific and thematic resolutions voted 
    on at the Commission's annual session during the period covered 
    during the preceding year;
        (5) the extent to which each country has extended protection to 
    refugees, including the provision of first asylum and resettlement;
        (6) the steps the Administrator has taken to alter United States 
    programs under subchapter I of this chapter in any country because 
    of human rights considerations;
        (7) wherever applicable, violations of religious freedom, 
    including particularly severe violations of religious freedom (as 
    defined in section 6402 of this title) \2\ and
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    \2\ So in original. Probably should be followed by a semicolon.
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        (8) wherever applicable, consolidated information regarding the 
    commission of war crimes, crimes against humanity, and evidence of 
    acts that may constitute genocide (as defined in article 2 of the 
    Convention on the Prevention and Punishment of the Crime of Genocide 
    and modified by the United States instrument of ratification to that 
    convention and section 2(a) of the Genocide Convention 
    Implementation Act of 1987).

(e) Promotion of civil and political rights

    The President is authorized and encouraged to use not less than 
$3,000,000 of the funds made available under this part, part X of this 
subchapter, and part IV of subchapter II of this chapter for each fiscal 
year for studies to identify, and for openly carrying out programs and 
activities which will encourage or promote increased adherence to civil 
and political rights, including the right to free religious belief and 
practice, as set forth in the Universal Declaration of Human Rights, in 
countries eligible for assistance under this part or under part X of 
this subchapter, except that funds made available under part X of this 
subchapter may only be used under this subsection with respect to 
countries in sub-Saharan Africa. None of these funds may be used, 
directly or indirectly, to influence the outcome of any election in any 
country.

(f) Annual country reports on human rights practices

    (1) The report required by subsection (d) of this section shall 
include the following:
        (A) A description of the nature and extent of severe forms of 
    trafficking in persons, as defined in section 7102 of this title, in 
    each foreign country.
        (B) With respect to each country that is a country of origin, 
    transit, or destination for victims of severe forms of trafficking 
    in persons, an assessment of the efforts by the government of that 
    country to combat such trafficking. The assessment shall address the 
    following:
            (i) Whether government authorities in that country 
        participate in, facilitate, or condone such trafficking.
            (ii) Which government authorities in that country are 
        involved in activities to combat such trafficking.
            (iii) What steps the government of that country has taken to 
        prohibit government officials from participating in, 
        facilitating, or condoning such trafficking, including the 
        investigation, prosecution, and conviction of such officials.
            (iv) What steps the government of that country has taken to 
        prohibit other individuals from participating in such 
        trafficking, including the investigation, prosecution, and 
        conviction of individuals involved in severe forms of 
        trafficking in persons, the criminal and civil penalties for 
        such trafficking, and the efficacy of those penalties in 
        eliminating or reducing such trafficking.
            (v) What steps the government of that country has taken to 
        assist victims of such trafficking, including efforts to prevent 
        victims from being further victimized by traffickers, government 
        officials, or others, grants of relief from deportation, and 
        provision of humanitarian relief, including provision of mental 
        and physical health care and shelter.
            (vi) Whether the government of that country is cooperating 
        with governments of other countries to extradite traffickers 
        when requested, or, to the extent that such cooperation would be 
        inconsistent with the laws of such country or with extradition 
        treaties to which such country is a party, whether the 
        government of that country is taking all appropriate measures to 
        modify or replace such laws and treaties so as to permit such 
        cooperation.
            (vii) Whether the government of that country is assisting in 
        international investigations of transnational trafficking 
        networks and in other cooperative efforts to combat severe forms 
        of trafficking in persons.
            (viii) Whether the government of that country refrains from 
        prosecuting victims of severe forms of trafficking in persons 
        due to such victims having been trafficked, and refrains from 
        other discriminatory treatment of such victims.
            (ix) Whether the government of that country recognizes the 
        rights of victims of severe forms of trafficking in persons and 
        ensures their access to justice.

        (C) Such other information relating to trafficking in persons as 
    the Secretary of State considers appropriate.

    (2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic mission personnel shall consult 
with human rights organizations and other appropriate nongovernmental 
organizations.

(Pub. L. 87-195, pt. I, Sec. 116, as added Pub. L. 94-161, title III, 
Sec. 310, Dec. 20, 1975, 89 Stat. 860; amended Pub. L. 95-88, title I, 
Sec. 111, Aug. 3, 1977, 91 Stat. 537; Pub. L. 95-105, title I, 
Sec. 109(a)(2), Aug. 17, 1977, 91 Stat. 846; Pub. L. 95-424, title I, 
Sec. 109, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96-53, title I, Sec. 106, 
title V, Sec. 504(a), Aug. 14, 1979, 93 Stat. 362, 378; Pub. L. 96-533, 
title III, Sec. 305, title VII, Sec. 701(a), Dec. 16, 1980, 94 Stat. 
3147, 3156; Pub. L. 97-113, title III, Sec. 306, Dec. 29, 1981, 95 Stat. 
1533; Pub. L. 98-164, title X, Sec. 1002(a), Nov. 22, 1983, 97 Stat. 
1052; Pub. L. 99-440, title II, Sec. 202, Oct. 2, 1986, 100 Stat. 1095; 
Pub. L. 99-631, Sec. 1(b)(2), Nov. 7, 1986, 100 Stat. 3519; Pub. L. 100-
204, title I, Sec. 127(1), Dec. 22, 1987, 101 Stat. 1342; Pub. L. 101-
513, title V, Secs. 562(d)(3), 599D, Nov. 5, 1990, 104 Stat. 2031, 2066; 
Pub. L. 103-149, Sec. 4(a)(3)(B), Nov. 23, 1993, 107 Stat. 1505; Pub. L. 
103-236, title I, Sec. 162(e)(1), Apr. 30, 1994, 108 Stat. 405; Pub. L. 
103-437, Sec. 9(a)(6), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 104-319, 
title II, Sec. 201(a), Oct. 19, 1996, 110 Stat. 3866; Pub. L. 105-277, 
div. G, subdiv. B, title XXII, Sec. 2216, Oct. 21, 1998, 112 Stat. 2681-
815; Pub. L. 105-292, title I, Sec. 102(d)(1), title IV, Sec. 421(a), 
title V, Sec. 501(b), Oct. 27, 1998, 112 Stat. 2794, 2809, 2811; Pub. L. 
106-113, div. B, Secs. 1000(a)(2) [title V, Sec. 597], 1000(a)(7) [div. 
A, title VIII, Sec. 806(a)], Nov. 29, 1999, 113 Stat. 1535, 1536, 1501A-
126, 1501A-471; Pub. L. 106-386, div. A, Sec. 104(a), Oct. 28, 2000, 114 
Stat. 1471.)

                       References in Text

    Section 2(a) of the Genocide Convention Implementation Act of 1987, 
referred to in subsec. (d)(8), probably means section 2(a) of the 
Genocide Convention Implementation Act of 1987 (the Proxmire Act), Pub. 
L. 100-606, Nov. 4, 1988, 102 Stat. 3045, which enacted chapter 50A 
(Sec. 1091 et seq.) of Title 18, Crimes and Criminal Procedure.


References to Subchapter I Deemed To Include Certain Parts of Subchapter 
                                   II

    References to subchapter I of this chapter are deemed to include 
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 2349aa et seq.) of subchapter II of this chapter, and references 
to subchapter II are deemed to exclude such parts. See section 202(b) of 
Pub. L. 92-226, set out as a note under section 2346 of this title, and 
sections 2348c and 2349aa-5 of this title.

                          Codification

    The amendment by section 102(d)(1) of Pub. L. 105-292 was executed 
before the amendment by Pub. L. 105-277 to reflect the probable intent 
of Congress.


                               Amendments

    2000--Subsec. (f). Pub. L. 106-386 amended subsec. (f) generally, 
substituting present provisions for provisions listing information 
required for report under subsec. (d) of this section, providing for 
consultation with human rights and other appropriate nongovernmental 
organizations in compiling data for required information, and defining 
``trafficking'' and ``victims of trafficking'' for purposes of 
subsection.
    1999--Subsec. (d)(8). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, 
title VIII, Sec. 806(a)], added par. (8).
    Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(2) [title V, Sec. 597], 
added subsec. (f).
    1998--Subsec. (c). Pub. L. 105-292, Sec. 421(a)(1), inserted ``and 
in consultation with the Ambassador at Large for International Religious 
Freedom'' after ``Labor'' in introductory provisions.
    Subsec. (c)(3). Pub. L. 105-292, Sec. 421(a)(2)-(4), added par. (3).
    Subsec. (d). Pub. L. 105-277, Sec. 2216(1), substituted ``February 
25'' for ``January 31'' in introductory provisions.
    Subsec. (d)(3) to (5). Pub. L. 105-277, Sec. 2216(2), (3), added 
par. (3) and redesignated former pars. (3) and (4) as (4) and (5), 
respectively. Former par. (5) redesignated (6).
    Subsec. (d)(6). Pub. L. 105-277, Sec. 2216(2), redesignated par. (5) 
as (6). Former par. (6) redesignated (7). See Codification note above.
    Pub. L. 105-292, Sec. 102(d)(1), added par. (6). See Codification 
note above.
    Subsec. (d)(7). Pub. L. 105-277, Sec. 2216(2), redesignated par. (6) 
as (7). See Codification note above.
    Subsec. (e). Pub. L. 105-292, Sec. 501(b), inserted ``, including 
the right to free religious belief and practice'' after ``adherence to 
civil and political rights''.
    1996--Subsec. (d)(3) to (5). Pub. L. 104-319 added pars. (3) and (4) 
and redesignated former par. (3) as (5).
    1994--Subsec. (b). Pub. L. 103-437 substituted ``Foreign Affairs'' 
for ``International Relations'' in subsec. (b) relating to submittal of 
information to Congress.
    Subsec. (c). Pub. L. 103-236 substituted ``Assistant Secretary of 
State for Democracy, Human Rights, and Labor'' for ``Assistant Secretary 
for Human Rights and Humanitarian Affairs'' in introductory provisions.
    1993--Subsec. (e). Pub. L. 103-149 struck out ``(1)'' before ``The 
President is authorized'' and struck out par. (2) which authorized 
grants to nongovernmental organizations in South Africa promoting 
political, economic, social, juridical, and humanitarian efforts to 
foster a just society and to help victims of apartheid.
    Subsecs. (f), (g). Pub. L. 103-149 struck out subsec. (f) which 
authorized assistance to political detainees and prisoners and support 
for black-led community organizations in South Africa and subsec. (g) 
which authorized assistance to families of victims of violence in South 
Africa.
    1990--Subsec. (b). Pub. L. 101-513, Sec. 599D, added subsec. (b) 
prohibiting assistance to governments failing to protect children from 
exploitation, abuse or conscription.
    Subsec. (e)(1). Pub. L. 101-513, Sec. 562(d)(3), inserted ``, part X 
of this subchapter,'' after ``available under this part'' and ``or under 
part X of this subchapter, except that funds made available under part X 
of this subchapter may only be used under this subsection with respect 
to countries in sub-Saharan Africa'' before period at end of first 
sentence.
    1987--Subsec. (d). Pub. L. 100-204 added par. (2) and redesignated 
former par. (2) as (3).
    1986--Subsec. (e)(2)(A). Pub. L. 99-440, Sec. 202(a), inserted 
authorization of appropriations of $1,500,000 for fiscal year 1986 and 
for each fiscal year thereafter.
    Subsec. (f). Pub. L. 99-440, Sec. 202(b), added subsec. (f).
    Subsec. (f)(2)(B). Pub. L. 99-631 substituted ``subsection'' for 
``paragraph''.
    Subsec. (g). Pub. L. 99-440, Sec. 202(b), added subsec. (g).
    1983--Subsec. (e). Pub. L. 98-164, Sec. 1002(a), designated existing 
provisions as par. (1), substituted ``$3,000,000 of the funds made 
available under this part and part IV of subchapter II of this chapter 
for each fiscal year'' for ``$1,500,000 of the funds made available 
under this part for each of the fiscal years 1982 and 1983'', and added 
par. (2).
    1981--Subsec. (e). Pub. L. 97-113 substituted ``each of the fiscal 
years 1982 and 1983'' for ``the fiscal year 1981''.
    1980--Subsec. (a). Pub. L. 96-533, Sec. 701(a), prohibited 
assistance for government of any country causing the disappearance of 
persons by the abduction and clandestine detention of those persons.
    Subsec. (e). Pub. L. 96-533, Sec. 305, substituted ``1981'' for 
``1980''.
    1979--Subsec. (d)(1). Pub. L. 96-53, Sec. 504(a), designated 
existing provisions as cl. (A) and added cl. (B).
    Subsec. (e). Pub. L. 96-53, Sec. 106, substituted ``1980'' for 
``1979''.
    1978--Subsec. (e). Pub. L. 95-424 substituted ``The President is 
authorized and encouraged to use not less than $1,500,000 of'' for 
``Of'', and ``1979'' for ``1978, not less than $750,000 may be used 
only''.
    1977--Subsec. (c). Pub. L. 95-105 substituted ``Assistant 
Secretary'' for ``Coordinator''.
    Pub. L. 95-88, Sec. 111(a), inserted references to the formulation 
of development assistance programs under this subchapter and the 
consultation of the Administrator with the Coordinator for Human Rights 
and Humanitarian Affairs in the introductory provisions, designated the 
remainder of the existing provisions as par. (1), and added par. (2).
    Subsec. (d). Pub. L. 95-88, Sec. 111(a), substituted provisions 
directing the Secretary of State to transmit to the Speaker of the House 
of Representatives and the Committee on Foreign Relations of the Senate, 
by January 31 of each year, a full and complete report regarding the 
status of internationally recognized human rights in countries that 
receive development assistance and the steps which the Administrator has 
taken to alter United States development assistance programs in any 
country because of human rights considerations for provisions directing 
the President to transmit to the Speaker of the House of Representatives 
and the Committee on Foreign Relations of the Senate, in the annual 
presentation materials on proposed economic development assistance 
programs, a full and complete report regarding the steps he has taken to 
carry out the provisions of this section.
    Subsec. (e). Pub. L. 95-88, Sec. 111(b), added subsec. (e).

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-236 applicable with respect to officials, 
offices, and bureaus of Department of State when executive orders, 
regulations, or departmental directives implementing the amendments by 
sections 161 and 162 of Pub. L. 103-236 become effective, or 90 days 
after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. 
L. 103-236, as amended, set out as a note under section 2651a of this 
title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-631 effective Oct. 2, 1986, see section 1(c) 
of Pub. L. 99-631, set out as a note under section 2151c of this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section 
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this 
title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605 
of Pub. L. 95-424, set out as a note under section 2151 of this title.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.


               Assistance for Promoting Religious Freedom

    Pub. L. 105-292, title V, Sec. 501(a), Oct. 27, 1998, 112 Stat. 
2811, provided that: ``Congress makes the following findings:
        ``(1) In many nations where severe violations of religious 
    freedom occur, there is not sufficient statutory legal protection 
    for religious minorities or there is not sufficient cultural and 
    social understanding of international norms of religious freedom.
        ``(2) Accordingly, in the provision of foreign assistance, the 
    United States should make a priority of promoting and developing 
    legal protections and cultural respect for religious freedom.''


         Report on Human Rights to Committees on Appropriations

    Pub. L. 102-391, title V, Sec. 511(b), Oct. 6, 1992, 106 Stat. 1658, 
as amended by Pub. L. 106-429, Sec. 101(a) [title V, Sec. 590], Nov. 6, 
2000, 114 Stat. 1900, 1900A-59, provided that: ``The Secretary of State 
shall also transmit the report required by section 116(d) of the Foreign 
Assistance Act of 1961 [22 U.S.C. 2151n(d)] to the Committees on 
Appropriations each year by the date specified in that section: 
Provided, That each such report submitted pursuant to such section shall 
(1) include a review of each country's commitment to children's rights 
and welfare as called for by the Declaration of the World Summit for 
Children; [(2) Repealed. Pub. L. 106-429, Sec. 101(a) [title V, 
Sec. 590], Nov. 6, 2000, 114 Stat. 1900, 1900A-59;] (3) describe the 
extent to which indigenous people are able to participate in decisions 
affecting their lands, cultures, traditions and the allocation of 
natural resources, and assess the extent of protection of their civil 
and political rights.''


  Report on Impact on Foreign Relations of United States of Reports on 
              Human Rights Practices of Foreign Governments

    Section 504(b) of Pub. L. 96-53, which required Secretary of State 
to report by Nov. 15, 1979, foreign relations impact made by reports of 
human rights violations of foreign governments, was repealed by Pub. L. 
97-113, title VII, Sec. 734(a)(3), Dec. 29, 1981, 95 Stat. 1560.

                  Section Referred to in Other Sections

    This section is referred to in sections 2199, 2296d, 2398, 2651a, 
5732, 6402, 6412, 6442, 6445, 7110 of this title; title 48 section 1904.
