Effective date of prohibition
On and after , none of the funds made available to carry out this chapter, and none of the local currencies generated under this chapter, shall be used to provide training or advice, or provide any financial support, for police, prisons, or other law enforcement forces for any foreign government or any program of internal intelligence or surveillance on behalf of any foreign government within the United States or abroad.
Exception; qualification
Country with longstanding democratic tradition, etc.
Subsection (a) shall not apply with respect to a country which has a longstanding democratic tradition, does not have standing armed forces, and does not engage in a consistent pattern of gross violations of internationally recognized human rights.
Assistance to Honduras or El Salvador
section 2394–1 of this titleNotwithstanding the prohibition contained in subsection (a) assistance may be provided to Honduras or El Salvador for fiscal years 1986 and 1987 if, at least 30 days before providing assistance, the President notifies the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, in accordance with the procedures applicable to reprogramming notifications pursuant to , that he has determined that the government of the recipient country has made significant progress, during the preceding six months, in eliminating any human rights violations including torture, incommunicado detention, detention of persons solely for the nonviolent expression of their political views, or prolonged detention without trial. Any such notification shall include a full description of the assistance which is proposed to be provided and of the purposes to which it is to be directed.
Pub. L. 87–195Pub. L. 93–559, § 30(a)88 Stat. 1803Pub. L. 99–83, title I, § 127(b)99 Stat. 205Pub. L. 101–513, title V, § 594104 Stat. 2060Pub. L. 104–107, title V, § 540A(d)110 Stat. 737Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 574]113 Stat. 1535(, pt. III, § 660, as added , , ; amended , title VII, § 711, , , 243; , , ; , , ; , , , 1501A–111.)
Editorial Notes
References in Text
Pub. L. 87–19575 Stat. 424section 2151 of this titleThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning , , , known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
section 515(c) of title I of Pub. L. 90–35182 Stat. 207section 3763(c) of Title 42Pub. L. 90–351Pub. L. 96–157, § 293 Stat. 1167Section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (b)(1), is , , , which was formerly classified to , The Public Health and Welfare. Section 515 was omitted in the general revision of title I of by , , .
Amendments
Pub. L. 106–1131999—Subsec. (b)(7). added par. (7).
Pub. L. 104–1071996—Subsec. (b)(5), (6). added pars. (5) and (6).
Pub. L. 101–5131990—Subsec. (b)(4). , which directed the amendment of this section by adding par. (4) at “the end of the subsection”, was executed by adding par. (4) after par. (3) in subsec. (b) to reflect the probable intent of Congress.
Pub. L. 99–83, § 127(b)1985—Subsec. (b)(3). , added par. (3).
Pub. L. 99–83, § 711Subsecs. (c), (d). , added subsecs. (c) and (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Pub. L. 99–83section 1301 of Pub. L. 99–83section 2151–1 of this titleAmendment by effective , see , set out as a note under .
Exemption of Narcotics-Related Military Assistance for Specific Fiscal Years From Prohibition on Assistance for Law Enforcement Agencies
Pub. L. 103–447, title I, § 104108 Stat. 4694
Exemption .—
Notification to Congress .—
Coordination With International Narcotics Control Assistance Program .—
Pub. L. 102–583, § 7106 Stat. 4933Pub. L. 103–447, title I, § 103(a)108 Stat. 4693, , , provided for exemption of narcotics-related military assistance for fiscal years 1993 and 1994 from prohibition on assistance for law enforcement agencies, prior to repeal 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 .
Assistance to Public Security Forces of El Salvador; Delegation of Functions
Determination of President of the United States, No. 86–2, , 50 F.R. 48073, provided:
Memorandum for the Honorable George P. Shultz, the Secretary of State
22 U.S.C. 2420(d)Pursuant to Section 660(d) of the Foreign Assistance Act of 1961, as amended [], I hereby determine that the Government of El Salvador has made significant progress, during the six month period preceding this determination, in eliminating any human rights violations including torture, incommunicado detention, detention of persons solely for the non-violent expression of their political views, or prolonged detention without trial.
You are requested to report this determination to the Congress immediately, together with a full description of the assistance to be provided and of the purposes to which it is to be directed. None of the assistance so provided shall be furnished until 30 days after such a report has been made, as required by law.
I hereby delegate to the Secretary of State authority to make such determinations and reports as called for in the future under Section 660(d).
This determination shall be published in the Federal Register.