22 U.S. Code § 2304 - Human rights and security 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.
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.
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.
 So in original. The period probably should not appear.
 So in original. Probably should be “Arms”.
 So in original. The semicolon probably should be a period.
 So in original. Two subsecs. (i) have been enacted.
The Export Administration Act of 1979, referred to in subsec. (a)(2), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which is classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see 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 (§ 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 (§ 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 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.
2014—Subsec. (b). Pub. L. 113–276, § 208(b)(2)(A), substituted “Wherever applicable, such report shall include a description” for “Wherever applicable, a description” in introductory provisions.
Subsec. (d)(1). Pub. L. 113–276, § 206(1), struck out “and” at end.
Subsec. (d)(2)(B). Pub. L. 113–276, § 208(b)(2)(B), which directed substitution of “credits)” for “credits”, was executed by making the substitution for “credits” after “participations in”, to reflect the probable intent of Congress.
Subsec. (d)(2)(C). Pub. L. 113–276, § 206(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “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.”
2013—Subsec. (i). Pub. L. 113–4 added subsec. (i) relating to child marriage status.
2010—Subsec. (i). Pub. L. 111–166 added subsec. (i) relating to report on status of freedom of the press in recipient countries.
2004—Subsec. (b). Pub. L. 108–332 inserted after fourth sentence of introductory provisions “Wherever applicable, a description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur, including the descriptions of such acts required under section 2151n(d)(8) of this title.”
2002—Subsec. (b). Pub. L. 107–228, § 683(b), in introductory provisions, inserted after sixth sentence “Each report under this section shall also include (i) wherever applicable, a description of the nature and extent of the compulsory recruitment and conscription of individuals under the age of 18 by armed forces of the government of the country, government-supported paramilitaries, or other armed groups, the participation of such individuals in such groups, and the nature and extent that such individuals take a direct part in hostilities, (ii) what steps, if any, taken by the government of the country to eliminate such practices, and (iii) such other information related to the use by such government of individuals under the age of 18 as soldiers, as determined to be appropriate by the Secretary of State.”
Pub. L. 107–228, § 665(b), in introductory provisions, inserted after fourth sentence “Such report shall also include, for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent to which the United States has taken or will take action to encourage an end to such practices in the country.”
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, § 421(b), added par. (4).
Subsec. (b). Pub. L. 105–292, § 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, § 704, substituted “Export Administration Act of 1979” for “Export Administration Act of 1969”.
Subsec. (d)(1). Pub. L. 96–533, § 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, § 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, § 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, § 6(c), substituted “paragraphs (1) and (2),” for “the foregoing policy”.
Subsec. (d)(2)(A). Pub. L. 95–384, §§ 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”.
Amendment by Pub. L. 108–332 applicable beginning with the first report under sections 2151n(d), 2304(b), and 6412(b) of this title submitted more than 180 days after Oct. 16, 2004, see section 6(c) of Pub. L. 108–332, set out as a note under section 2151n of this title.
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.
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