
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: 22USC2304]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
              SUBCHAPTER II--MILITARY ASSISTANCE AND SALES
 
                      Part I--Declaration of Policy
 
Sec. 2304. Human rights and security assistance


(a) Observance of human rights as principal goal of foreign policy; 
        implementation requirements

    (1) The United States shall, in accordance with its international 
obligations as set forth in the Charter of the United Nations and in 
keeping with the constitutional heritage and traditions of the United 
States, promote and encourage increased respect for human rights and 
fundamental freedoms throughout the world without distinction as to 
race, sex, language, or religion. Accordingly, a principal goal of the 
foreign policy of the United States shall be to promote the increased 
observance of internationally recognized human rights by all countries.
    (2) Except under circumstances specified in this section, no 
security assistance may be provided to any country the government of 
which engages in a consistent pattern of gross violations of 
internationally recognized human rights. Security assistance may not be 
provided to the police, domestic intelligence, or similar law 
enforcement forces of a country, and licenses may not be issued under 
the Export Administration Act of 1979 [50 App. U.S.C. 2401 et seq.] for 
the export of crime control and detection instruments and equipment to a 
country, the government of which engages in a consistent pattern of 
gross violations of internationally recognized human rights unless the 
President certifies in writing to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign Relations 
of the Senate and the chairman of the Committee on Banking, Housing, and 
Urban Affairs of the Senate (when licenses are to be issued pursuant to 
the Export Administration Act of 1979).\1\ that extraordinary 
circumstances exist warranting provision of such assistance and issuance 
of such licenses. Assistance may not be provided under part V of this 
subchapter to a country the government of which engages in a consistent 
pattern of gross violations of internationally recognized human rights 
unless the President certifies in writing to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign Relations 
of the Senate that extraordinary circumstances exist warranting 
provision of such assistance.
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    \1\ So in original. The period probably should not appear.
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    (3) In furtherance of paragraphs (1) and (2), the President is 
directed to formulate and conduct international security assistance 
programs of the United States in a manner which will promote and advance 
human rights and avoid identification of the United States, through such 
programs, with governments which deny to their people internationally 
recognized human rights and fundamental freedoms, in violation of 
international law or in contravention of the policy of the United States 
as expressed in this section or otherwise.
    (4) In determining whether the government of a country engages in a 
consistent pattern of gross violations of internationally recognized 
human rights, the President shall give particular consideration to 
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 when such 
    efforts could have been reasonably undertaken.

(b) Report by Secretary of State on practices of proposed recipient 
        countries; considerations

    The Secretary of State shall transmit to the Congress, as part of 
the presentation materials for security assistance programs proposed for 
each fiscal year, a full and complete report, prepared with the 
assistance of the Assistant Secretary of State for Democracy, Human 
Rights, and Labor and with the assistance of the Ambassador at Large for 
International Religious Freedom, with respect to practices regarding the 
observance of and respect for internationally recognized human rights in 
each country proposed as a recipient of security assistance. Wherever 
applicable, such report shall include 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). Wherever applicable, such report shall include information 
on practices regarding coercion in population control, including coerced 
abortion and involuntary sterilization. Such report shall also include, 
wherever applicable, information on violations of religious freedom, 
including particularly severe violations of religious freedom (as 
defined in section 6402 of this title). Each report under this section 
shall list 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. Each report under this section shall describe the extent 
to which each country has extended protection to refugees, including the 
provision of first asylum and resettlement. In determining whether a 
government falls within the provisions of subsection (a)(3) of this 
section and in the preparation of any report or statement required under 
this section, consideration shall be given to--
        (1) the relevant findings of appropriate international 
    organizations, including nongovernmental organizations, such as the 
    International Committee of the Red Cross; and
        (2) the extent of cooperation by such government in permitting 
    an unimpeded investigation by any such organization of alleged 
    violations of internationally recognized human rights.

(c) Congressional request for information; information required; 30-day 
        period; failure to supply information; termination or 
        restriction of assistance

    (1) Upon the request of the Senate or the House of Representatives 
by resolution of either such House, or upon the request of the Committee 
on Foreign Relations of the Senate or the Committee on Foreign Affairs 
of the House of Representatives, the Secretary of State shall, within 
thirty days after receipt of such request, transmit to both such 
committees a statement, prepared with the assistance of the Assistant 
Secretary of State for Democracy, Human Rights, and Labor, with respect 
to the country designated in such request, setting forth--
        (A) all the available information about observance of and 
    respect for human rights and fundamental freedom in that country, 
    and a detailed description of practices by the recipient government 
    with respect thereto;
        (B) the steps the United States has taken to--
            (i) promote respect for and observance of human rights in 
        that country and discourage any practices which are inimical to 
        internationally recognized human rights, and
            (ii) publicly or privately call attention to, and 
        disassociate the United States and any security assistance 
        provided for such country from, such practices;

        (C) whether, in the opinion of the Secretary of State, 
    notwithstanding any such practices--
            (i) extraordinary circumstances exist which necessitate a 
        continuation of security assistance for such country, and, if 
        so, a description of such circumstances and the extent to which 
        such assistance should be continued (subject to such conditions 
        as Congress may impose under this section), and
            (ii) on all the facts it is in the national interest of the 
        United States to provide such assistance; and

        (D) such other information as such committee or such House may 
    request.

    (2)(A) A resolution of request under paragraph (1) of this 
subsection 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.
    (B) The term ``certification'', as used in section 601 of such Act, 
means, for the purposes of this subsection, a resolution of request of 
the Senate under paragraph (1) of this subsection.
    (3) In the event a statement with respect to a country is requested 
pursuant to paragraph (1) of this subsection but is not transmitted in 
accordance therewith within thirty days after receipt of such request, 
no security assistance shall be delivered to such country except as may 
thereafter be specifically authorized by law from such country unless 
and until such statement is transmitted.
    (4)(A) In the event a statement with respect to a country is 
transmitted under paragraph (1) of this subsection, the Congress may at 
any time thereafter adopt a joint resolution terminating, restricting, 
or continuing security assistance for such country. In the event such a 
joint resolution is adopted, such assistance shall be so terminated, so 
restricted, or so continued, as the case may be.
    (B) 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.
    (C) 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.

(d) Definitions

    For the purposes of this section--
        (1) the term ``gross violations of internationally recognized 
    human rights'' includes torture or cruel, inhuman, or degrading 
    treatment or punishment, prolonged detention without charges and 
    trial, causing the disappearance of persons by the abduction and 
    clandestine detention of those persons, and other flagrant denial of 
    the right to life, liberty, or the security of person; and
        (2) the term ``security assistance'' means--
            (A) assistance under part II (military assistance) or part 
        IV (economic support fund) or part V (military education and 
        training) or part VI (peacekeeping operations) or part VIII 
        (antiterrorism assistance) of this subchapter.
            (B) sales of defense articles or services, extensions of 
        credits (including participations in credits, and guaranties of 
        loans under the Arms Export Control Act [22 U.S.C. 2751 et 
        seq.]); or
            (C) any license in effect with respect to the export of 
        defense articles or defense services to or for the armed forces, 
        police, intelligence, or other internal security forces of a 
        foreign country under section 38 of the Arms Export Control Act 
        [22 U.S.C. 2778].

(e) Removal of prohibition on assistance

    Notwithstanding any other provision of law, funds authorized to be 
appropriated under subchapter I of this chapter may be made available 
for the furnishing of assistance to any country with respect to which 
the President finds that such a significant improvement in its human 
rights record has occurred as to warrant lifting the prohibition on 
furnishing such assistance in the national interest of the United 
States.

(f) Allocations concerned with performance record of recipient countries 
        without contravention of other provisions

    In allocating the funds authorized to be appropriated by this 
chapter and the Arms Export Control Act [22 U.S.C. 2751 et seq.], the 
President shall take into account significant improvements in the human 
rights records of recipient countries, except that such allocations may 
not contravene any other provision of law.

(g) Report to Congress on use of certain authorities relating to human 
        rights conditions

    Whenever the provisions of subsection (e) or (f) of this section are 
applied, the President shall report to the Congress before making any 
funds available pursuant to those subsections. The report shall specify 
the country involved, the amount and kinds of assistance to be provided, 
and the justification for providing the assistance, including a 
description of the significant improvements which have occurred in the 
country's human rights record.

(h) Report on practices of recipient countries relating to trafficking 
        in persons

    (1) The report required by subsection (b) 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. II, Sec. 502B, as added Pub. L. 93-559, Sec. 46, 
Dec. 30, 1974, 88 Stat. 1815; amended Pub. L. 94-329, title III, 
Sec. 301(a), June 30, 1976, 90 Stat. 748; Pub. L. 95-105, title I, 
Sec. 109(a)(3), Aug. 17, 1977, 91 Stat. 846; Pub. L. 95-384, Secs. 6(a)-
(d)(1), (e), 10(b)(1), 12(b), Sept. 26, 1978, 92 Stat. 731, 732, 735, 
737; Pub. L. 96-53, title V, Sec. 511, Aug. 14, 1979, 93 Stat. 380; Pub. 
L. 96-92, Sec. 4, Oct. 29, 1979, 93 Stat. 702; Pub. L. 96-533, title 
VII, Secs. 701(b), 704, Dec. 16, 1980, 94 Stat. 3156, 3157; Pub. L. 98-
151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; Pub. L. 99-64, title 
I, Sec. 124, July 12, 1985, 99 Stat. 156; Pub. L. 99-83, title XII, 
Sec. 1201, Aug. 8, 1985, 99 Stat. 276; Pub. L. 100-204, title I, 
Sec. 127(2), Dec. 22, 1987, 101 Stat. 1343; Pub. L. 103-236, title I, 
Sec. 162(e)(2), 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(b), Oct. 19, 1996, 110 Stat. 3866; Pub. L. 105-292, title I, 
Sec. 102(d)(2), title IV, Sec. 421(b), Oct. 27, 1998, 112 Stat. 2795, 
2810; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, 
Sec. 252, title VIII, Sec. 806(b)], Nov. 29, 1999, 113 Stat. 1536, 
1501A-432, 1501A-471; Pub. L. 106-386, div. A, Sec. 104(b), Oct. 28, 
2000, 114 Stat. 1472.)

                       References in Text

    The Export Administration Act of 1979, referred to in subsec. 
(a)(2), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, 
which is classified principally to section 2401 et seq. of Title 50, 
Appendix, War and National Defense. For complete classification of this 
Act to the Code, see Short Title note set out under section 2401 of 
Title 50, Appendix, and Tables.
    Section 2(a) of the Genocide Convention Implementation Act of 1987, 
referred to in subsec. (b), 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.
    Section 601 of the International Security Assistance and Arms Export 
Control Act of 1976, referred to in subsec. (c)(2)(A), (4)(B), is 
section 601 of Pub. L. 94-329, which was not classified to the Code.
    The Arms Export Control Act, referred to in subsecs. (d)(2)(B) and 
(f), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which 
is classified principally to chapter 39 (Sec. 2751 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 2751 of this title and Tables.
    This chapter, referred to in subsec. (f), was in the original ``this 
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
known as the Foreign Assistance Act of 1961. For complete classification 
of this Act to the Code, see Short Title note set out under section 2151 
of this title and Tables.


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 1983 amendment by Pub. L. 98-151 is based on section 202(a) of 
H.R. 2992, Ninety-eighth Congress, 1st Session, as reported May 17, 
1983, which was enacted into permanent law by Pub. L. 98-151.


                               Amendments

    2000--Subsec. (h). Pub. L. 106-386 added subsec. (h).
    1999--Subsec. (b). Pub. L. 106-113, in introductory provisions, 
inserted after first sentence ``Wherever applicable, such report shall 
include 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).'' and inserted 
after fourth sentence ``Each report under this section shall describe 
the extent to which each country has extended protection to refugees, 
including the provision of first asylum and resettlement.''
    1998--Subsec. (a)(4). Pub. L. 105-292, Sec. 421(b), added par. (4).
    Subsec. (b). Pub. L. 105-292, Sec. 102(d)(2), in introductory 
provisions, inserted ``and with the assistance of the Ambassador at 
Large for International Religious Freedom'' after ``Labor'' and ``Such 
report shall also include, wherever applicable, information on 
violations of religious freedom, including particularly severe 
violations of religious freedom (as defined in section 6402 of this 
title).'' after ``sterilization.''
    1996--Subsec. (b). Pub. L. 104-319 inserted ``Each report under this 
section shall list 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.'' after second sentence.
    1994--Subsec. (b). Pub. L. 103-236 substituted ``Democracy, Human 
Rights, and Labor'' for ``Human Rights and Humanitarian Affairs'' in 
introductory provisions.
    Subsec. (c)(1). Pub. L. 103-437 substituted ``Foreign Affairs'' for 
``International Relations'' in introductory provisions.
    Pub. L. 103-236 substituted ``Democracy, Human Rights, and Labor'' 
for ``Human Rights and Humanitarian Affairs'' in introductory 
provisions.
    1987--Subsec. (b). Pub. L. 100-204 inserted after first sentence 
``Wherever applicable, such report shall include information on 
practices regarding coercion in population control, including coerced 
abortion and involuntary sterilization.''
    1985--Subsec. (a)(2). Pub. L. 99-64 inserted ``and the chairman of 
the Committee on Banking, Housing, and Urban Affairs of the Senate (when 
licenses are to be issued pursuant to the Export Administration Act of 
1979).''
    Subsec. (g). Pub. L. 99-83 added subsec. (g).
    1983--Subsec. (d)(2)(A). Pub. L. 98-151 inserted ``or part VIII 
(antiterrorism assistance)''.
    1980--Subsec. (a)(2). Pub. L. 96-533, Sec. 704, substituted ``Export 
Administration Act of 1979'' for ``Export Administration Act of 1969''.
    Subsec. (d)(1). Pub. L. 96-533, Sec. 701(b), defined ``gross 
violations of internationally recognized human rights'' to include 
causing the disappearance of persons by the abduction and clandestine 
detention of those persons.
    1979--Subsec. (e). Pub. L. 96-53 added subsec. (e).
    Subsec. (f). Pub. L. 96-92 added subsec. (f).
    1978--Subsec. (a)(1). Pub. L. 95-384, Sec. 6(a), substituted ``The 
United States shall'' for ``It is the policy of the United States'', 
``throughout the world'' for ``for all'', and ``Accordingly'' for ``To 
this end''.
    Subsec. (a)(2). Pub. L. 95-384, Sec. 6(b), (d)(1), (e), substituted 
``Except'' for ``It is further the policy of the United States that, 
except'' and inserted provisions prohibiting security assistance, 
including crime control and detection instruments, from being provided 
to police, domestic intelligence, or other police forces of governments 
which the executive branch determines are guilty of a consistent pattern 
of gross violations of internationally recognized human rights and 
prohibiting assistance under part V of this subchapter to a country the 
government of which, as determined by the executive branch, is engaged 
in a consistent pattern of gross violations of internationally 
recognized human rights.
    Subsec. (a)(3). Pub. L. 95-384, Sec. 6(c), substituted ``paragraphs 
(1) and (2),'' for ``the foregoing policy''.
    Subsec. (d)(2)(A). Pub. L. 95-384, Secs. 10(b)(1), 12(b), 
substituted ``(economic support fund)'' for ``(security supporting 
assistance)'', inserted ``or part VI (peacekeeping operations)'' after 
``and training)'', and struck out ``or subchapter V (assistance to the 
Middle East) of this chapter'' after ``of this subchapter''.
    1977--Subsecs. (b), (c)(1). Pub. L. 95-105 substituted ``Assistant 
Secretary of State'' for ``Coordinator''.
    1976--Pub. L. 94-329 restricted the power of the President by 
eliminating the extraordinary circumstances exception to termination of 
assistance for gross violations of recognized human rights, directed the 
Secretary of State, as part of the presentation materials for an 
assistance program, to transmit a full and complete report to Congress 
on the human rights practices of the proposed recipient country and, 
within 30 days of a request by Congress, to supply information 
concerning the human rights practices of a country receiving assistance 
for determination as to whether the assistance should be continued, 
restricted, or terminated, and defined ``security assistance''.

                         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 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 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.

                         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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2321, 2349aa, 2349bb-1, 
2349bb-4, 2398, 2651a, 5732, 6402, 6412, 6442, 6445, 6461, 7110 of this 
title; title 12 section 635; title 48 section 1904; title 50 App. 
section 2405.
