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(b) AUTHORIZATION FOR ASSISTANCE.—To carry out the purpose of subsection (a), the President is authorized to provide the following types of assistance to the countries of the South Caucasus and Central Asia:
(1) Assistance for democracy building, including programs to strengthen parliamentary institutions and practices.
(2) Assistance for the development of nongovernmental organizations.
(3) Assistance for development of independent media.
(4) Assistance for the development of the rule of law, a strong independent judiciary, and transparency in political practice and commercial transactions.
(5) International exchanges and advanced professional training programs in skill areas central to the development of civil society.
(6) Assistance to promote increased adherence to civil and political rights under section 116(e) of this Act. (c) ACTIVITIES SUPPORTED.-Activities that may be supported by assistance under subsection (b) include activities that are designed to advance progress toward the development of democracy. SEC. 499E.507 ADMINISTRATIVE AUTHORITIES.
(a) ASSISTANCE THROUGH GOVERNMENTS AND NONGOVERNMENTAL ORGANIZATIONS.—Assistance under this chapter may be provided to governments or through nongovernmental organizations.
(b) USE OF ECONOMIC SUPPORT FUNDS.-Except as otherwise provided, any funds that have been allocated under chapter 4 of part II for assistance for the independent states of the former Soviet Union may be used in accordance with the provisions of this chapter.
(c) TERMS AND CONDITIONS.-Assistance under this chapter shall be provided on such terms and conditions as the President may determine.
(d) AVAILABLE AUTHORITIES.—The authority in this chapter to provide assistance for the countries of the South Caucasus and Central Asia is in addition to the authority to provide such assistance under the FREEDOM Support Act (22 U.S.C. 5801 et seq.) or any other Act, and the authorities applicable to the provision of assistance under chapter 11 may be used to provide assistance under this chapter. SEC. 499F.608 DEFINITIONS. In this chapter:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term "appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.
(2) COUNTRIES OF THE SOUTH CAUCASUS AND CENTRAL ASIA.The term "countries of the South Caucasus and Central Asia" means Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
607 22 U.S.C. 2296e. 608 22 U.S.C. 2296f.
PART II 609
Chapter 1-Policy 610 Sec. 501.611 Statement of Policy.-The Congress of the United States reaffirms the policy of the United States to achieve international peace and security through the United Nations so that armed force shall not be used except for individual or collective self-defense. The Congress hereby finds that the efforts of the United States and other friendly countries to promote peace and security continue to require measures of support based upon the principle of effective self-help and mutual aid. It is the purpose of this part to authorize measures in the common defense against internal and external aggression, including the furnishing of military assistance, upon request, to friendly countries and international organizations. In furnishing such military assistance, it remains the policy of the United States to continue to exert maximum efforts to achieve universal control of weapons of mass destruction and universal regulation and reduction of armaments, including armed forces, under adequate safeguards to protect complying countries against violation and invasion.
The Congress recognizes that the peace of the world and the security of the United States are endangered so long as hostile countries 612 continue by threat of military action, by the use of economic pressure, and by internal subversion, or other means to attempt to bring under their domination peoples now free and independent and continue to deny the rights of freedom and selfgovernment to peoples and countries once free but now subject to such domination.
It is the sense of the Congress that an important contribution toward peace would be made by the establishment under the Organization of American States of an international military force.
In enacting this legislation, it is therefore the intention of the Congress to promote the peace of the world and the foreign policy, security, and general welfare of the United States by fostering an improved climate of political independence and individual liberty, improving the ability of friendly countries and international organizations to deter or, if necessary, defeat 613 aggression, facilitating arrangements for individual and collective security, assisting friendly countries to maintain internal security, and creating an environment of security and stability in the developing friendly countries essential to their more rapid social, economic, and politi
609 Sec. 594(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102–391; 106 Stat. 1692), inserted a chapter 12 at the end of Part I, preceding this note, to provide for the Enterprise for the Americas Initiative. Sec. 602(b) of the Jobs Through Exports Act of 1992 (Public Law 102–549; 106 Stat. 3669), struck out this amendment, however, and inserted “Part IV-Enterprise for the Americas Initiative” beginning at sec. 701 of this Act.
610 Sec. 201(a) of the FA Act of 1963 struck out the words “Short Title and" in the chapter heading which formerly read "Short Title and Policy”.
61122 U.S.C. 2301. Former sec. 502 was designated sec. 501 by sec. 201(a)(1) of the FA Act of 1967. Former sec. 501, which related to the short title, was repealed by sec. 201(b) of the FA Act of 1963.
612 Sec. 705(1/A) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2317) struck out "international communism and the countries it controls” and inserted in lieu thereof "hostile countries".
613 Sec. 705(1XB) of the FRIENDSHIP Act (Public Law 103–199; 107 Stat. 2317) struck out "Communist or Communist-supported” from this point.
cal progress. The Congress urges that all other countries able to contribute join in a common undertaking to meet the goals stated in this part.
It is the sense of the Congress that in the administration of this part priority shall be given to the needs of those countries in danger of becoming victims of 614 aggression or in which the internal security is threatened by internal subversion inspired or supported by hostile countries.
Finally, the Congress reaffirms its full support of the progress of the members of the North Atlantic Treaty Organization toward increased cooperation in political, military, and economic affairs. In particular, the Congress welcomes the steps which have been taken to promote multilateral programs of coordinated procurement, research, development, and production of defense articles and urges that such programs be expanded to the fullest extent possible to further the defense of the North Atlantic area.
Sec. 502.615 Utilization of Defense Articles and Services. Defense articles and defense services 616 to any country shall be furnished solely for internal security (including for antiterrorism and nonproliferation purposes),617 for legitimate self-defense, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security,618 or for the purpose of assisting foreign military forces in less developed friendly countries (or the voluntary efforts of personnel of the Armed Forces of the United States in such countries) to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Congress that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action activities not significantly detract from the capability of the military forces to perform their military missions and be coordinated with and form part of the total nomic and social development effort. Sec. 502A.619 * * *
614 Sec. 705(1)(C) of the FRIENDSHIP Act (Public Law 103–199; 107 Stat. 2317) struck out "active Communist or Communist-supported aggression or those countries in which the internal security is threatened by Communist-inspired or Communist-supported internal subversion.” and inserted in lieu thereof “aggression or in which the internal security is threatened by internal subversion inspired or supported by hostile countries.". This paragraph was added originally by sec. 201(a)(2) of the FA Act of 1967.
61522 U.S.C. 2302. Former subsec. (a) of sec. 505 was redesignated sec. 502 by sec. 2010dX1) of the FA Act of 1967.
616 The words to this point were substituted for “Utilization of Assistance.—a) Military assistance” by sec. 201(d)2) of the FA Act of 1967.
617 Sec. 701 of the Security Assistance Act of 2000 (public Law 106–280; 114 Stat. 861) inserted “(including for antiterrorism and nonproliferation purposes)” after “internal security".
618 Sec. 201(c)(1) of the FA Act of 1965 struck out a colon and added the remainder of this section from this point.
619 Formerly at 22 U.S.C. 2302. Sec. 104(b)(2XA) of Public Law 104-164 (110 Stat. 1426) repealed sec. 502A. Originally added by sec. 12(a) of the FA Act of 1973, the section had read as follows:
“SEC. 502A. EXCESS DEFENSE ARTICLES.-Excess defense articles shall be provided whenever possible rather than providing such articles by the procurement of new items.".
Sec. 502B.620 Human Rights.—(a)(1) 621 The United States shall, in accordance with its international obligations as set forth in the Charter of the United Nations and in keeping with the constitutional heritage and traditions of the United States, promote and encourage increased respect for human rights and fundamental freedoms throughout the world without distinction as to race, sex, language, or religion. Accordingly, a principal goal of the foreign policy of the United States shall be to promote the increased observance of internationally recognized human rights by all countries.
(2) 622 Except under circumstances specified in this section, no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights. Security assistance may not be provided to the police, domestic intelligence, or similar law enforcement forces of a country, and licenses may not be issued under the Export Administration Act of 1979 623 for the export of crime control and detection instruments and equipment to a country, the government of which engages in a consistent pattern of gross violations of internationally recognized human rights unless the President certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate 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), that extraordinary circumstances exist warranting provision of such assistance and issuance of such licenses. Assistance may not be provided under chapter 5 of this part to a country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights unless the President certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that extraordinary circumstances exist warranting provision of such assistance.624
620 22 U.S.C. 2304. Sec. 502B, which was added by sec. 46 of the FA Act of 1974, was amended by sec. 301(a) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 748), and by the Export Administration Amendments Act of 1985 (Public Law 99-64; 99 Stat. 156.) It formerly read as follows:
"SEC. 502B. Human Rights. It is the sense of Congress that except in extraordinary circumstances, the President shall substantially reduce or terminate security assistance to any government 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; or other flagrant denials of the right to life, liberty, and the security of the person.
"(b) Whenever proposing or furnishing security assistance to any government falling within the provisions of paragraph (a), the President shall advise the Congress of the extraordinary circumstances necessitating the assistance.
"(c) In determining whether or not a government falls within the provisions of subsection (a), consideration shall be given to the extent of cooperation by 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 and anybody acting under the authority of the United Nations or of the Organization of American States.
"d) For purposes of this section, 'security assistance' means assistance under chapter 2 (military assistance) or chapter 4 (security supporting assistance) of this part, assistance under part V (Indochina Postwar Reconstruction) or part VI (Middle East Peace) of this Act, sales under the Foreign Military Sales Act, or assistance for public safety under this or any other Act.".
621 Par. (1) was amended and restated by sec. 6(a) of the International Security Assistance Act of 1978 (Public Law 95–384; 92 Stat. 731).
622 The words “It is further the policy of the United States that," which previously appeared at this point, were struck by sec. 6(b) of the International Security Assistance Act of 1978 (Public Law 95–384; 92 Stat. 731).
623 The reference to the Export Administration Act of 1979 was inserted in lieu of a reference to the Export Administration Act of 1969 by sec. 704 of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3157).
(3) In furtherance of paragraphs (1) and (2),625 the President is directed to formulate and conduct international security assistance programs of the United States in a manner which will promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States as expressed in this section or otherwise.
(4) 626 In determining whether the government of a country engages in a consistent pattern of gross violations of internationally recognized human rights, the President shall give particular consideration to whether the government
(A) has engaged in or tolerated particularly severe violations of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998; or
(B) has failed to undertake serious and sustained efforts to combat particularly severe violations of religious freedom when
such efforts could have been reasonably undertaken. (b) The Secretary of State shall transmit to the Congress, as part of the presentation materials for security assistance programs proposed for each fiscal year, a full and complete report, prepared with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor 627 and with the assistance of the Ambassador at Large for International Religious Freedom,628 with respect to practices regarding the observance of and respect for internationally recognized human rights in each country proposed as a recipient of security assistance. 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).629 Wherever applicable, such report shall include information on practices regarding coercion in population
624 The final two sentences of par. (2) were added by sec. 6 of the International Security Assistance Act of 1978 (Public Law 95–384; 92 Stat. 731, 732).
625 The words “paragraphs (1) and (2),” were inserted in lieu of "the foregoing policy” by sec. 6(e) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 732).
626 Sec. 421(b) of the International Religious Freedom Act of 1998 (Public Law 105–292; 112 Stat. 2810) added para. (4).
627 Sec. 162(e) 2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 405), changed this title designation by striking “Human Rights and Humanitarian Affairs” and inserting lieu thereof “Democracy, Human Rights, and Labor". Previously, sec. 109(aX3) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95–105; 91 Stat. 846) changed the title designation from “Coordinator for Human Rights and Humanitarian Affairs” to “Assistant Secretary of State for Human Rights and Humanitarian Affairs”.
628 Sec. 102(d/2XA) of the International Religious Freedom Act of 1998 (Public Law 105–292; 112 Stat. 2795) inserted “and with the assistance of the Ambassador at Large for International Religious Freedom" after “Labor”.
625 The sentence beginning “Wherever applicable” referring to war crimes and crimes of genocide was added by sec. 806(b) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536).