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.
In 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 section 2367 of this title.
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.
In determining whether or not a government falls within the provisions of subsection (a) and in formulating development assistance programs 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, 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-
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-
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.
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.
In this subsection, the term "child marriage" means the marriage of a girl or boy who is-
1So in original. Two subsecs. (b) have been enacted.
2So in original. Probably should be followed by a comma.
22 U.S.C. § 2151n
EDITORIAL NOTES
REFERENCES IN TEXTSubchapter 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 Pub. L. 115-254, 132 Stat. 3492, which enacted subchapter II of chapter 103 of this title. For complete classification of title II to the Code, see Tables. 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.
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.
AMENDMENTS2023-Subsec. (d)(13). Pub. L. 118-31 added par. (13).2018-Subsec. (a). Pub. L. 115-254, §1470(j)(1)(A), inserted ",and no support may be provided under subchapter II of chapter 103 of this title," after "subchapter I of this chapter". Subsec. (b). Pub. L. 115-254, §1470(j)(1)(C), 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.Subsec. (c). Pub. L. 115-254, §1470(j)(1)(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". 2013-Subsec. (g). Pub. L. 113-4 added subsec. (g).2010-Subsec. (d)(12). Pub. L. 111-166 added par. (12).2004-Subsec. (d)(8) to (11). Pub. L. 108-332 added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively.2002-Subsec. (d)(9). Pub. L. 107-228, §665(a), added par. (9).Subsec. (d)(10). Pub. L. 107-228, §683(a), added par. (10). 2000-Subsec. (f). Pub. L. 106-386 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.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).
STATUTORY NOTES AND RELATED SUBSIDIARIES
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER IIReferences 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.
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-254 effective at the end of the transition period, as defined in section 9681 of this title, see section 1470(w) of Pub. L. 115-254 set out as a note under section 905 of Title 2, The Congress.
EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-332, §6(c), Oct. 16, 2004, 118 Stat. 1286, provided that:"The amendments made by subsections (a) and (b) [amending this section and sections 2304 and 6412 of this title] shall apply beginning with the first report under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) and section 102(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6312(b) [6412(b)]) submitted more than 180 days after the date of the enactment of this Act [Oct. 16, 2004]."
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.
MODIFICATION AND REPEAL OF REPORTS Pub. L. 118-31, div. F, title LXVII, §6707(a)(1), Dec. 22, 2023, 137 Stat. 1017, provided that:"(a) COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.-"(1) IN GENERAL.-The Secretary [of State] shall examine the production of the 2023 and subsequent annual Country Reports on Human Rights Practices by the Assistant Secretary for Democracy, Human Rights, and Labor as required under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d), 2304(b)) to maximize- "(A) cost and personnel efficiencies;"(B) the potential use of data and analytic tools and visualization; and "(C) advancement of the modernization agenda for the Department [of State] announced by the Secretary on October 27, 2021."
ANNUAL REPORT ON ADVANCING FREEDOM AND DEMOCRACY Pub. L. 107-228, div. A, title VI, §665(c), Sept. 30, 2002, 116 Stat. 1407, as amended by Pub. L. 110-53, title XXI, §2121(b), (d), Aug. 3, 2007, 121 Stat. 532, provided that: "The information to be included in the report required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 [22 U.S.C. 2151n(d), 2304(b)] pursuant to the amendments made by subsections (a) and (b) [amending this section and section 2304 of this title] may be submitted by the Secretary as a separate report entitled the Annual Report on Advancing Freedom and Democracy. If the Secretary elects to submit such information as a separate report, such report shall be submitted not later than 90 days after the date of submission of the report required by section [sic] 116(d) and 502B(b) of the Foreign Assistance Act of 1961." [For definition of "Secretary" as used in section 665(c) of Pub. L. 107-228 set out above, see section 3 of Pub. L. 107-228 set out as a note under section 2651 of this title.]
ANNUAL REPORTS ON UNITED STATES-VIETNAM HUMAN RIGHTS DIALOGUE MEETINGS Pub. L. 107-228, div. A, title VI, §702, Sept. 30, 2002, 116 Stat. 1420, 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 Pub. L. 118-31, div. F, title LXVII, §6707(b)(4), Dec. 22, 2023, 137 Stat. 1019.
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, as amended by Pub. L. 106-429, §101(a) [title V, §590], Nov. 6, 2000, 114 Stat. 1900, 1900A-59, 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) Repealed. Pub. L. 106-429, §101(a) [title V, §590], Nov. 6, 2000, 114 Stat. 1900, 1900A-59;] (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 Pub. L. 96-53, title V, §504(b), Aug. 14, 1979, 93 Stat. 378, 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.
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONSFor 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.