Violations barring assistance; assistance for needy people
No assistance may be provided under subchapter I of this chapter, and no support may be provided under subchapter II of chapter 103 of this title, 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.
11 So in original. Two subsecs. (b) have been enacted. Information to Congressional committees for realization of assistance for needy people; concurrent resolution terminating assistance
section 2367 of this titleIn determining whether this standard is being met with regard to funds allocated under subchapter I of this chapter or subchapter II of chapter 103 of this title, 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 or the Chief Executive Officer of the United States International Development Finance Corporation, as applicable, to submit in writing information demonstrating that such assistance or support will directly benefit the needy people in such country, together with a detailed explanation of the assistance or support to be provided (including the dollar amounts of such assistance or support) and an explanation of how such assistance or support 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 .
1 Protection of children from exploitation
No assistance may be provided under subchapter I of this chapter, and no support may be provided under subchapter II of chapter 103 of this title, 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.
Factors considered
Report to Speaker of House and Committee on Foreign Relations of the Senate
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.
Annual country reports on human rights practices
Child marriage status
In general
The report required under subsection (d) shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country.
Defined term
Pub. L. 87–195Pub. L. 94–161, title III, § 31089 Stat. 860Pub. L. 95–88, title I, § 11191 Stat. 537Pub. L. 95–105, title I, § 109(a)(2)91 Stat. 846Pub. L. 95–424, title I, § 10992 Stat. 947Pub. L. 96–53, title I, § 10693 Stat. 362Pub. L. 96–533, title III, § 30594 Stat. 3147Pub. L. 97–113, title III, § 30695 Stat. 1533Pub. L. 98–164, title X, § 1002(a)97 Stat. 1052Pub. L. 99–440, title II, § 202100 Stat. 1095Pub. L. 99–631, § 1(b)(2)100 Stat. 3519Pub. L. 100–204, title I, § 127(1)101 Stat. 1342Pub. L. 101–513, title V104 Stat. 2031Pub. L. 103–149, § 4(a)(3)(B)107 Stat. 1505Pub. L. 103–236, title I, § 162(e)(1)108 Stat. 405Pub. L. 103–437, § 9(a)(6)108 Stat. 4588Pub. L. 104–319, title II, § 201(a)110 Stat. 3866Pub. L. 105–277, div. G112 Stat. 2681–815Pub. L. 105–292, title I, § 102(d)(1)112 Stat. 2794Pub. L. 106–113, div. B113 Stat. 1535Pub. L. 106–386, div. A, § 104(a)114 Stat. 1471Pub. L. 107–228, div. A, title VI116 Stat. 1406Pub. L. 108–332, § 6(a)(1)118 Stat. 1285Pub. L. 111–166, § 2(1)124 Stat. 1186Pub. L. 113–4, title XII, § 1207(b)(1)127 Stat. 141Pub. L. 115–254, div. F, title VI, § 1470(j)(1)132 Stat. 3516Pub. L. 118–31, div. F, title LXVII, § 6707(a)(2)137 Stat. 1018(, pt. I, § 116, as added , , ; amended , , ; , , ; , , ; , title V, § 504(a), , , 378; , title VII, § 701(a), , , 3156; , , ; , , ; , , ; , , ; , , ; , §§ 562(d)(3), 599D, , , 2066; , , ; , , ; , , ; , , ; , subdiv. B, title XXII, § 2216, , ; , title IV, § 421(a), title V, § 501(b), , , 2809, 2811; , §§ 1000(a)(2) [title V, § 597], 1000(a)(7) [div. A, title VIII, § 806(a)], , , 1536, 1501A–126, 1501A–471; , , ; , §§ 665(a), 683(a), , , 1410; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 115–254132 Stat. 3492Subchapter II of chapter 103 of this title, referred to in subsec. (a), subsec. (b) relating to information to Congressional committees for realization of assistance for needy people; concurrent resolution terminating assistance, subsec. (b) relating to protection of children from exploitation, and subsec. (c), was in the original title II of the Better Utilization of Investments Leading to Development Act of 2018, meaning title II of div. F of , , , which enacted subchapter II of chapter 103 of this title. For complete classification of title II to the Code, see Tables.
Pub. L. 100–606102 Stat. 3045Section 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), , , , which enacted chapter 50A (§ 1091 et seq.) of Title 18, Crimes and Criminal Procedure.
Codification
section 102(d)(1) of Pub. L. 105–292Pub. L. 105–277The amendment by was executed before the amendment by to reflect the probable intent of Congress.
Amendments
Pub. L. 118–312023—Subsec. (d)(13). added par. (13).
Pub. L. 115–254, § 1470(j)(1)(A)2018—Subsec. (a). , inserted “, and no support may be provided under subchapter II of chapter 103 of this title,” after “subchapter I of this chapter”.
Pub. L. 115–254, § 1470(j)(1)(C)Subsec. (b). , in second subsec. (b) relating to protection of children from exploitation, inserted “under subchapter I of this chapter, and no support may be provided under subchapter II of chapter 103 of this title,” after “provided”.
Pub. L. 115–254, § 1470(j)(1)(B), in first subsec. (b) relating to information to Congressional committees for realization of assistance for needy people; concurrent resolution terminating assistance, inserted “or subchapter II of chapter 103 of this title” after “allocated under subchapter I of this chapter”, “or the Chief Executive Officer of the United States International Development Finance Corporation, as applicable,” after “administering subchapter I of this chapter”, “or support” after “the assistance”, and “or support” after “such assistance” wherever appearing.
Pub. L. 115–254, § 1470(j)(1)(C)Subsec. (c). , substituted “under subchapter I of this chapter, or support provided under subchapter II of chapter 103 of this title, the Administrator, or the Chief Executive Officer of the United States International Development Finance Corporation, as applicable,” for “under subchapter I of this chapter, the Administrator”.
Pub. L. 113–42013—Subsec. (g). added subsec. (g).
Pub. L. 111–1662010—Subsec. (d)(12). added par. (12).
Pub. L. 108–3322004—Subsec. (d)(8) to (11). added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively.
Pub. L. 107–228, § 665(a)2002—Subsec. (d)(9). , added par. (9).
Pub. L. 107–228, § 683(a)Subsec. (d)(10). , added par. (10).
Pub. L. 106–3862000—Subsec. (f). 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.
Pub. L. 106–113, § 1000(a)(7) [div. A, title VIII, § 806(a)]1999—Subsec. (d)(8). , added par. (8).
Pub. L. 106–113, § 1000(a)(2) [title V, § 597]Subsec. (f). , added subsec. (f).
Pub. L. 105–292, § 421(a)(1)1998—Subsec. (c). , inserted “and in consultation with the Ambassador at Large for International Religious Freedom” after “Labor” in introductory provisions.
Pub. L. 105–292, § 421(a)(2)Subsec. (c)(3). –(4), added par. (3).
Pub. L. 105–277, § 2216(1)Subsec. (d). , substituted “February 25” for “January 31” in introductory provisions.
Pub. L. 105–277, § 2216(2)Subsec. (d)(3) to (5). , (3), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).
Pub. L. 105–277, § 2216(2)Subsec. (d)(6). , 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.
Pub. L. 105–277, § 2216(2)Subsec. (d)(7). , redesignated par. (6) as (7). See Codification note above.
Pub. L. 105–292, § 501(b)Subsec. (e). , inserted “, including the right to free religious belief and practice” after “adherence to civil and political rights”.
Pub. L. 104–3191996—Subsec. (d)(3) to (5). added pars. (3) and (4) and redesignated former par. (3) as (5).
Pub. L. 103–4371994—Subsec. (b). substituted “Foreign Affairs” for “International Relations” in subsec. (b) relating to submittal of information to Congress.
Pub. L. 103–236Subsec. (c). substituted “Assistant Secretary of State for Democracy, Human Rights, and Labor” for “Assistant Secretary for Human Rights and Humanitarian Affairs” in introductory provisions.
Pub. L. 103–1491993—Subsec. (e). 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.
Pub. L. 103–149Subsecs. (f), (g). 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.
Pub. L. 101–513, § 599D1990—Subsec. (b). , added subsec. (b) prohibiting assistance to governments failing to protect children from exploitation, abuse or conscription.
Pub. L. 101–513, § 562(d)(3)Subsec. (e)(1). , 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.
Pub. L. 100–2041987—Subsec. (d). added par. (2) and redesignated former par. (2) as (3).
Pub. L. 99–440, § 202(a)1986—Subsec. (e)(2)(A). , inserted authorization of appropriations of $1,500,000 for fiscal year 1986 and for each fiscal year thereafter.
Pub. L. 99–440, § 202(b)Subsec. (f). , added subsec. (f).
Pub. L. 99–631Subsec. (f)(2)(B). substituted “subsection” for “paragraph”.
Pub. L. 99–440, § 202(b)Subsec. (g). , added subsec. (g).
Pub. L. 98–164, § 1002(a)1983—Subsec. (e). , 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).
Pub. L. 97–1131981—Subsec. (e). substituted “each of the fiscal years 1982 and 1983” for “the fiscal year 1981”.
Pub. L. 96–533, § 701(a)1980—Subsec. (a). , prohibited assistance for government of any country causing the disappearance of persons by the abduction and clandestine detention of those persons.
Pub. L. 96–533, § 305Subsec. (e). , substituted “1981” for “1980”.
Pub. L. 96–53, § 504(a)1979—Subsec. (d)(1). , designated existing provisions as cl. (A) and added cl. (B).
Pub. L. 96–53, § 106Subsec. (e). , substituted “1980” for “1979”.
Pub. L. 95–4241978—Subsec. (e). 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”.
Pub. L. 95–1051977—Subsec. (c). 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).
Pub. L. 95–88, § 111(a)Subsec. (d). , 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.
Pub. L. 95–88, § 111(b)Subsec. (e). , added subsec. (e).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
section 202(b) of Pub. L. 92–226section 2346 of this titleReferences 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 , set out as a note under , and sections 2348c and 2349aa–5 of this title.
Effective Date of 2018 Amendment
Pub. L. 115–254section 9681 of this titlesection 1470(w) of Pub. L. 115–254section 905 of Title 2Amendment by effective at the end of the transition period, as defined in , see , set out as a note under , The Congress.
Effective Date of 2004 Amendment
Pub. L. 108–332, § 6(c)118 Stat. 1286
Effective Date of 1994 Amendment
Pub. L. 103–236Pub. L. 103–236section 161(b) of Pub. L. 103–236section 2651a of this titleAmendment by 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 become effective, or 90 days after , whichever comes earlier, see , as amended, set out as a note under .
Effective Date of 1986 Amendment
Pub. L. 99–631section 1(c) of Pub. L. 99–631section 2151c of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1979 Amendment
Pub. L. 96–53section 512(a) of Pub. L. 96–53section 2151 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–424section 605 of Pub. L. 95–424section 2151 of this titleAmendment by effective , see , set out as a note under .
Modification and Repeal of Reports
Pub. L. 118–31, div. F, title LXVII, § 6707(a)(1)137 Stat. 1017
Country Reports on Human Rights Practices.—
In general .—
Annual Report on Advancing Freedom and Democracy
Pub. L. 107–228, div. A, title VI, § 665(c)116 Stat. 1407Pub. L. 110–53, title XXI, § 2121(b)121 Stat. 532
section 665(c) of Pub. L. 107–228section 3 of Pub. L. 107–228section 2651 of this title[For definition of “Secretary” as used in , set out above, see , set out as a note under .]
Annual Reports on United States-Vietnam Human Rights Dialogue Meetings
Pub. L. 107–228, div. A, title VI, § 702116 Stat. 1420Pub. L. 118–31, div. F, title LXVII, § 6707(b)(4)137 Stat. 1019, , , which required the Secretary of State to submit to the appropriate congressional committees an annual report of issues discussed at the previous two United States-Vietnam human rights dialogue meetings and progress made during the calendar year toward achieving objectives, not later than December 31 of each year or 60 days after the second meeting, whichever was earlier, was repealed by , , .
Assistance for Promoting Religious Freedom
Pub. L. 105–292, title V, § 501(a)112 Stat. 2811
Report on Human Rights to Committees on Appropriations
Pub. L. 102–391, title V, § 511(b)106 Stat. 1658Pub. L. 106–429, § 101(a) [title V, § 590]114 Stat. 1900
Report on Impact on Foreign Relations of United States of Reports on Human Rights Practices of Foreign Governments
Pub. L. 96–53, title V, § 504(b)93 Stat. 378Pub. L. 97–113, title VII, § 734(a)(3)95 Stat. 1560, , , which required Secretary of State to report by , foreign relations impact made by reports of human rights violations of foreign governments, was repealed by , , .
Executive Documents
Delegation of Functions
section 2381 of this titleFor delegation of functions of President under this section, see Ex. Ord. No. 12163, , 44 F.R. 56673, as amended, set out as a note under .