protect children from exploitation, abuse or forced conscription into military or paramilitary services.

(c) 62 In determining whether or not a government falls within the provisions of subsection (a) and in formulating development assistance programs under this part, the Administrator shall consider, in consultation with the Assistant Secretary 63 for Human Rights and Humanitarian Affairs

(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; and

(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.

(d) 62, 64 The Secretary of State shall 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

(1) 65 the status of internationally recognized human rights, within the meaning of subsection (a)—

62 Sec. 111 of the International Development and Food Assistance Act of 1977 (Public Law 9588; 91 Stat. 537) amended and restated subsecs. (c) and (d), and added a new subsec. (e). Subsecs. (c) and (d) formerly read as follows:

"(c) In determining whether or not a government falls within the provisions of subsection (a), consideration shall be given to 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.

"(d) The President shall 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.".

63 The words "Assistant Secretary" were inserted in lieu of "Coordinator" by sec. 109(a)2) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91 Stat. 846). 64 Sec. 511 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1658), provided the following:

"HUMAN RIGHTS

"SEC. 511.(a) PROHIBITION.-Funds appropriated by this Act may not be obligated or expended to provide assistance to any country for the purpose of aiding the efforts of the government of such country to repress the legitimate rights of the population of such country contrary to the Universal Declaration of Human Rights.

"(b) HUMAN RIGHTS REPORT.-The Secretary of State shall also transmit the report required by section 116(d) of the Foreign Assistance Act of 1961 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.".

65 Paragraph (1) was amended and restated by sec. 504 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 378) by adding the requirement contained in clause (B). Sec. 504 also required a report from the Secretary of State by November 15, 1979, on the impact on the foreign relations of the United States of the reports required by this Act on the human rights practices of foreign governments.

(A) in countries that receive assistance under this part, 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 Act;

(2) 66 wherever applicable, practices regarding coercion in population control, including coerced abortion and involuntary sterilization; and

(3) the steps the Administrator has taken to alter United States programs under this part in any country because of human rights considerations.

(e) 62 (1) 67 The President is authorized and encouraged to use not less than $3,000,000 of the funds made available under this chapter, chapter 10 of this part, 68 and chapter 4 of part II 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, as set forth in the Universal Declaration of Human Rights, in countries eligible for assistance under this chapter or under chapter 10 of this part, except that funds made available under chapter 10 of this part 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.

(2) 67 (A) of the amounts made available to carry out this subsection, $500,000 for the fiscal year 1984, $1,000,000 for the fiscal year 1985, and $1,500,000 for the fiscal year 1986 and for each fiscal year thereafter shall be used for 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.

(B) In making grants under this paragraph, priority should be given to those organizations or activities which contribute, directly or indirectly, to promoting a just society, to aiding victims of official discrimination, and to the nonviolent elimination of apartheid. Priority should also be given to those organizations whose pro

66 A new paragraph (2) was added and the former paragraph (2) redesignated as paragraph (3) by sec. 127 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1342).

67 The first phrase in par. (1), "The President is authorized and encouraged to use not less than", was added by sec. 109(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 947).

The authorization level of $3,000,000 and the reference to funds available under chapter 4 of part II were added by sec. 1002(a)1) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052). Previously, amendments by sec. 306 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533), sec. 504 of Public Law 96-533 (94 Stat. 378), and sec. 109(2) of Public Law 95-424 (92 Stat. 947) authorized the use of $1,500,000 for this purpose in fiscal years 1982-1983, fiscal year 1981, and fiscal year 1979, respectively. The original text of subsec. (e), added by sec. 111 of Public Law 95-88 (91 Stat. 537), authorized the use of $750,000 for this purpose during fiscal year 1978. The authorization level of $1,500,000 for the fiscal year 1986 and for each fiscal year thereafter was added by sec. 202 of Public Law 99-440 (100 Stat. 1095).

The paragraph designation "(1)" and a new par. (2) were added by sec. 1002(a)(3) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052).

68 Sec. 562 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2026), added a new chapter 10 to part I of this Act, providing for long-term development in sub-Saharan Africa (see page 170), and made a conforming amendment by inserting ", chapter 10 of this part," here, and text at the end of the first sentence beginning at "or under chapter 10".

grams and activities evidence community support. Grants may be made only for organizations whose character and membership reflect the objective of a majority of South Africans for an end to the apartheid system of separate development and for interracial cooperation and justice. Grants may not be made under this paragraph to governmental institutions or organizations or to organizations financed or controlled by the Government of South Africa.

(C)(i) Except as provided in clause (ii), grants under this paragraph may not exceed $10,000.

(ii) of the amounts allocated to carry out this paragraph, $100,000 shall be available each fiscal year only for grants to organizations which have available for their use resources whose value is at least equal to the amount of the grant under this paragraph. Grants of up to $30,000 may be made to such organizations. For purposes of this clause, the term "resources" includes, in addition to cash assets, in-kind assets and contributions such as equipment, materials, and staff and volunteer time.

(D) Within 9 months after the date of enactment of this paragraph, the Administrator of the Agency for International Development shall prepare, in consultation with the Secretary of State, and shall submit to the Congress a report detailing grants and proposed grants under this paragraph and their conformity with the provisions of this paragraph.

(f) 69 (1) Of the funds made available to carry out subsection (e)(2)(A) for each fiscal year, not less than $500,000 shall be used for direct legal and other assistance to political detainees and prisoners and their families, including the investigation of the killing of protesters and prisoners, and for support for actions of black-led community organizations to resist, through nonviolent means, the enforcement of apartheid policies such as

(A) removal of black populations from certain geographic areas on account of race or ethnic origin,

(B) denationalization of blacks, including any distinctions between the South African citizenships of blacks and whites, (C) residence restrictions based on race or ethnic origin, (D) restrictions on the rights of blacks to seek employment in South Africa and to live wherever they find employment in South Africa, and

(E) restrictions which make it impossible for black employees and their families to be housed in family accommodations near their place of employment.

(2)(A) No grant under this subsection may exceed $100,000. (B) The average of all grants under this subsection made in any fiscal year shall not exceed $70,000.

(g) 69 Of the funds made available to carry out subsection (e)(2)(A) for each fiscal year, $175,000 shall be used for direct assistance to families of victims of violence such as "necklacing" and other such inhumane acts. An additional $175,000 shall be made available to black groups in South Africa which are actively working toward a multi-racial solution to the sharing of political power in that country through nonviolent, constructive means.

69 Subsecs. (f) and (g) were added by sec. 202(b) of Public Law 99-440 (100 Stat. 1095).

Sec. 117.70 Assistance for Disadvantaged South Africans—in providing assistance under this chapter or under chapter 4 of part II of this Act for disadvantaged South Africans, priority shal. given to working with and through South African nongovernmen tal organizations whose leadership and staff are selected or a nonracial basis, and which have the support of the disadvantaged com munities being served. The measure of this community suppor shali be the willingness of a substantial number of disadvantager. persons to participate in activities sponsored by these organiza tions Suet. organizations to which such assistance may be provider metuce the Educational Opportunities Council, the South African Institute of hace heiations. READ. professional teachers unions the Outreach Program of the University of the Western Cape the Fund Center ir Sower SACHEL UPP Trust, TOPS, the Wilger rrun bellows Center WHO and civic and other organizations working at the communitere wat do not receive funds from the Governmen cdo

se. 11. Enviromen at Natural Resources-(a) The Con fres and the i creates the degradation of natural re sorres- I Espercent comme they will severely underTE: 28 es career ass numar needs, to achieve surMR AM IV en event international tension and

Zress 398 is that the world faces enormous. Sex Totems with respect to natural resources. ems I 200 between the United States ng intre 3 e su problems from becoming Tecnomic and security interership both in thoroughly resources and the environ

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yen sech by sec. 301(1) of Public Law of Public Law 99-529 (100 Stat seat with tropical forests, and then sec. entitec Tropical Forests". This section, as 374 amended by sec. 110 of Public Law 9558 948 was further amended and re hem curry and Development Cooperation Act of 1981 eu reinous" reac as follows:

The President is authorized to furnish pedig at strengthening the capacity of less developed counun mung der ITERED and natura resources. Special efforts shall be at it wilbet w WHY YOUNE and vegetation, water, wildlife and other re HOUT J'AI Whher son sonomi pow she human well-being especially that of the poor. Paul under aus chapter the President shall take into consideration

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100 by the Foreign Operations, Export Financing, and Related Programs Appro32-38) 106 Stat. 1666), relating to "Environment", page 620

countries to protect and manage their environment and natural resources. Special efforts shall be made to maintain and where possible to restore the land, vegetation, water, wildlife, and other resources upon which depend economic growth and human wellbeing, especially of the poor.

(c)(1) The President, in implementing programs and projects under this chapter and chapter 10 of this part,72 shall take fully into account the impact of such programs and projects upon the environment and natural resources of developing countries. Subject to such procedures as the President considers appropriate, the President shall require all agencies and officials responsible for programs or projects under this chapter

(A) to prepare and take fully into account an environmental impact statement for any program or project under this chapter significantly affecting the environment of the global commons outside the jurisdiction of any country, the environment of the United States, or other aspects of the environment which the President may specify; and

(B) to prepare and take fully into account an environmental assessment of any proposed program or project under this chapter significantly affecting the environment of any foreign country.

Such agencies and officials should, where appropriate, use local technical resources in preparing environmental impact statements and environmental assessments pursuant to this subsection.

(2) The President may establish exceptions from the requirements of this subsection for emergency conditions and for cases in which compliance with those requirements would be seriously detrimental to the foreign policy interests of the United States. Sec. 118.73 Tropical Forests.

(a) IMPORTANCE OF FORESTS AND TREE COVER.-In enacting section 103(b)(3) of this Act the Congress recognized the importance of forests and tree cover to the developing countries. The Congress is particularly concerned about the continuing and accelerating alteration, destruction, and loss of tropical forests in developing countries, which pose a serious threat to development and the environment. Tropical forest destruction and loss

(1) result in shortages of wood, especially wood for fuel; loss of biologically productive wetlands; siltation of lakes, reservoirs, and irrigation systems; floods; destruction of indigenous peoples; extinction of plant and animal species; reduced capacity for food production; and loss of genetic resources; and

(2) can result in desertification and destabilization of the earth's climate.

Properly managed tropical forests provide a sustained flow of resources essential to the economic growth of developing countries, as well as genetic resources of value to developed and developing countries alike.

72 Sec. 562 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2026), added a new chapter 10 to part I of this Act, providing for long-term development in sub-Saharan Africa (see page 170), and made a conforming amendment by inserting "and chapter 10 of this part" here.

73 22 U.S.C. 2151p-1. Sec. 118 was added by sec. 301(3) of Public Law 99-529 (100 Stat. 3014). See also footnote 71.