§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

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

(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) Country reports on human rights practices

(1) The report required by subsection (d) of this section shall include-

(A) a list of foreign states where trafficking in persons, especially women and children, originates, passes through, or is a destination; and

(B) an assessment of the efforts by the governments of the states described in paragraph (A) to combat trafficking. Such an assessment shall address-

(i) whether government authorities in each such state tolerate or are involved in trafficking activities;

(ii) which government authorities in each such state are involved in anti-trafficking activities;

(iii) what steps the government of each such state has taken to prohibit government officials and other individuals from participating in trafficking, including the investigation, prosecution, and conviction of individuals involved in trafficking;

(iv) what steps the government of each such state has taken to assist trafficking victims;

(v) whether the government of each such state is cooperating with governments of other countries to extradite traffickers when requested;

(vi) whether the government of each such state is assisting in international investigations of transnational trafficking networks; and

(vii) whether the government of each such state refrains from prosecuting trafficking victims or refrains from other discriminatory treatment towards victims.

(2) In compiling data and assessing trafficking for the purposes of paragraph (1), United States Diplomatic Mission personnel shall consult with human rights and other appropriate nongovernmental organizations.

(3) For purposes of this subsection-

(A) the term "trafficking" means the use of deception, coercion, debt bondage, the threat of force, or the abuse of authority to recruit, transport within or across borders, purchase, sell, transfer, receive, or harbor a person for the purposes of placing or holding such person, whether for pay or not, in involuntary servitude, slavery or slavery-like conditions, or in forced, bonded, or coerced labor;

(B) the term "victim of trafficking" means any person subjected to the treatment described in subparagraph (A).

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

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 (§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 (§2346 et seq.), VI (§2348 et seq.), and VIII (§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

1999-Subsec. (d)(8). Pub. L. 106–113, §1000(a)(7) [div. A, title VIII, §806(a)], added par. (8).

Subsec. (f). Pub. L. 106–113, §1000(a)(2) [title V, §597], added subsec. (f).

1998-Subsec. (c). Pub. L. 105–292, §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, §421(a)(2)–(4), added par. (3).

Subsec. (d). Pub. L. 105–277, §2216(1), substituted "February 25" for "January 31" in introductory provisions.

Subsec. (d)(3) to (5). Pub. L. 105–277, §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, §2216(2), redesignated par. (5) as (6). Former par. (6) redesignated (7). See Codification note above.

Pub. L. 105–292, §102(d)(1), added par. (6). See Codification note above.

Subsec. (d)(7). Pub. L. 105–277, §2216(2), redesignated par. (6) as (7). See Codification note above.

Subsec. (e). Pub. L. 105–292, §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, §599D, added subsec. (b) prohibiting assistance to governments failing to protect children from exploitation, abuse or conscription.

Subsec. (e)(1). Pub. L. 101–513, §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, §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, §202(b), added subsec. (f).

Subsec. (f)(2)(B). Pub. L. 99–631 substituted "subsection" for "paragraph".

Subsec. (g). Pub. L. 99–440, §202(b), added subsec. (g).

1983-Subsec. (e). Pub. L. 98–164, §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, §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, §305, substituted "1981" for "1980".

1979-Subsec. (d)(1). Pub. L. 96–53, §504(a), designated existing provisions as cl. (A) and added cl. (B).

Subsec. (e). Pub. L. 96–53, §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, §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, §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, §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, §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, §511(b), Oct. 6, 1992, 106 Stat. 1658 , 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) a description of the military expenditures of each country receiving United States foreign assistance, and the efforts each country is making to reduce those expenditures; and (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, §734(a)(3), Dec. 29, 1981, 95 Stat. 1560 .

Cross References

Advancement of human rights by United States assistance policies with international financial institutions, see section 262d of this title.

Implementation of United States policy opposing the practice of torture by foreign governments, see Pub. L. 98–447, set out as a note under section 2656 of this title.

Section Referred to in Other Sections

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

¹ So in original. Two subsecs. (b) have been enacted.

² So in original. Probably should be followed by a semicolon.