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control, including coerced abortion and involuntary sterilization.630 Such report shall also include, wherever applicable, information on violations of religious freedom, including particularly severe violations of religious freedom (as defined in section 3 of the International Religious Freedom Act of 1998).631 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.632 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.633 In determining whether a government falls within the provisions of subsection (a)(3) and in the preparation of any report or statement required under this section, consideration shall be given to

(1) the relevant findings of appropriate international organizations, including nongovernmental organizations, such as the International Committee of the Red Cross; and

(2) the extent of cooperation by such government in permitting an unimpeded investigation by any such organization of

alleged violations of internationally recognized human rights. (c)(1) Upon the request of the Senate or the House of Representatives by resolution of either such House, or upon the request of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs 634 of the House of Representatives, the Secretary of State shall, within thirty days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor, 627 with respect to the country designated in such request, setting forth

(A) all the available information about observance of and respect for human rights and fundamental freedom in that country, and a detailed description of practices by the recipient government with respect thereto; (B) the steps the United States has taken to

(i) promote respect for and observance of human rights in that country and discourage any practices which are inimical to internationally recognized human rights, and

(ii) publicly or privately call attention to, and disassociate the United States and any security assistance provided for such country from, such practices;

630 The sentence beginning "Wherever applicable” referring to coercive population control was added by sec. 127 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204; 101 Stat. 1331).

631 Sec. 102(dX2(B) of the International Religious Freedom Act of 1998 (Public Law 105–292; 112 Stat. 2795) added the sentence that begins “Such report shall also include”.

632 Sec. 252 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), added the sentence relating to the protection of refugees.

633 Sec. 201(b) of Public Law 104–319 (110 Stat. 3864) added the sentence beginning “Each report

634 Sec. 1(aX5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives. Previously, sec. 9(a)(6) of the U.S.C. Technical Amendments (Public Law 103–437; 108 Stat. 4588) struck out “International Relations” and inserted in lieu thereof “Foreign Affairs”.

(C) whether, in the opinion of the Secretary of State, notwithstanding any such practices

(i) extraordinary circumstances exist which necessitate a continuation of security assistance for such country, and, if so, a description of such circumstances and the extent to which such assistance should be continued (subject to such conditions as Congress may impose under this section), and

(ii) on all the facts it is in the national interest of the United States to provide such assistance; and (D) such other information as such committee or such House may request. (2)(A) A resolution of request under paragraph (1) of this subsection shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

(B) The term “certification”, as used in section 601 of such Act, means, for the purposes of this subsection, a resolution of request of the Senate under paragraph (1) of this subsection.

(3) In the event a statement with respect to a country is requested pursuant to paragraph (1) of this subsection but is not transmitted in accordance therewith within thirty days after receipt of such request, no security assistance shall be delivered to such country except as may thereafter be specifically authorized by law from such country unless and until such statement is transmit

ted.

(4)(A) In the event a statement with respect to a country is transmitted under paragraph (1) of this subsection, the Congress may at any time thereafter adopt a joint resolution terminating, restricting, or continuing security assistance for such country. In the event such a joint resolution is adopted, such assistance shall be so terminated, so restricted, or so continued, as the case may be.

(B) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

(C) The term "certification”, as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under paragraph (1) of this subsection. (d) For the purposes of this section

(1) the term "gross violations of internationally recognized human rights” includes torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, 635 and other flagrant denial of the right to life, liberty, or the security of person; and

(2) the term “security assistance” means

635 The words "causing the disappearance of persons by the abduction and clandestine detention of those persons,” were added by sec. 701(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156).

(A) assistance under chapter 2 (military assistance) or chapter 4 (economic support fund) 636 or chapter 5 (military education and training) or chapter 6 (peacekeeping operations) or chapter 8 (antiterrorism assistance) of this part; 637

(B) sales of defense articles or services, extensions of credits (including participations in credits),638 and guaranties of loans under the Arms Export Control Act; or

(C) 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 Con

trol Act. (e) 639 Notwithstanding any other provision of law, funds authorized to be appropriated under part I of this Act 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.

(f) 640 In allocating the funds authorized to be appropriated by this Act and the Arms Export Control Act, 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.

(g) 641 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.

(h) 642 (1) The report required by subsection (b) shall include the following:

(A) A description of the nature and extent of severe forms of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, in each foreign country.

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636 The words "economic support fund” were inserted in lieu of "security supporting assistance" by sec. 10(b)(1) of the International Security Assistance Act of 1978 (Public Law 95–384; 92 Stat. 735).

637 Sec. 12(b) of the International Security Assistance Act of 1978 (Public Law 95–384; 92 Stat. 737) added the words "or chapter 6 (peacekeepin peratic

struck the

"O part VI (assistance to the Middle East) of this Act which had previously been the final phrase of this paragraph.

The International Security and Development Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing Appropriations Act, 1984; Public Law 98–151) added the words "or chapter 8 (antiterrorism assistance)". Pursuant to Public Law 98–151, this amendment was enacted as stated in title II of H.R. 2992, as reported by the House Committee on Foreign Affairs on May 17, 1983.

638 While the printed slip law did not include a close parentheses in subpar. (B), it is interpreted that such a mark was intended to be inserted at this point.

639 Subsec. (e) was added by sec. 511 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 380).

640 Subsec. (f) was added by sec. 4 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 702).

641 Subsec. (g) was added by sec. 1201 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 276).

642 Sec. 104(b) of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106– 386; 114 Stat. 1472) added subsec. (h).

(B) With respect to each country that is a country of origin, transit, or destination for victims of severe forms of trafficking in persons, an assessment of the efforts by the government of that country to combat such trafficking. The assessment shall address the following:

(i) Whether government authorities in that country participate in, facilitate, or condone such trafficking.

(ii) Which government authorities in that country are involved in activities to combat such trafficking.

(iii) What steps the government of that country has taken to prohibit government officials from participating in, facilitating, or condoning such trafficking, including the investigation, prosecution, and conviction of such officials.

(iv) What steps the government of that country has taken to prohibit other individuals from participating in such trafficking, including the investigation, prosecution, and conviction of individuals involved in severe forms of trafficking in persons, the criminal and civil penalties for such trafficking, and the efficacy of those penalties in eliminating or reducing such trafficking.

(v) What steps the government of that country has taken to assist victims of such trafficking, including efforts to prevent victims from being further victimized by traffickers, government officials, or others, grants of relief from deportation, and provision of humanitarian relief, including provision of mental and physical health care and shelter.

(vi) Whether the government of that country is cooperating with governments of other countries to extradite traffickers when requested, or, to the extent that such cooperation would be inconsistent with the laws of such country or with extradition treaties to which such country is a party, whether the government of that country is taking all appropriate measures to modify or replace such laws and treaties so as to permit such cooperation.

(vii) Whether the government of that country is assisting in international investigations of transnational trafficking networks and in other cooperative efforts to combat severe forms of trafficking in persons.

(viii) Whether the government of that country refrains from prosecuting victims of severe forms of trafficking in persons due to such victims having been trafficked, and refrains from other discriminatory treatment of such victims.

(ix) Whether the government of that country recognizes the rights of victims of severe forms of trafficking in per

sons and ensures their access to justice. (C) Such other information relating to trafficking in persons as the Secretary of State considers appropriate. (2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations and other appropriate nongovernmental organizations.

Chapter 2–Military Assistance Sec. 503.643 General Authority.-(a) The President is authorized to furnish military assistance, on such terms and conditions as he may determine, 644 to any friendly country or international organization, the assisting of which the President finds will strengthen the security of the United States and promote world peace and which is otherwise eligible to receive such assistance, by

(1) acquiring from any source and providing (by loan or grant) any defense article or defense service;

(2) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to perform duties of a non-combatant nature; or

(3) 645 transferring such of the funds appropriated or otherwise made available under this chapter as the President may determine for assistance to a recipient country,646 to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms Export Control Act have been deposited for such recipient, to be merged with such deposited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act. Sales which are wholly paid from funds transferred under paragraph (3) or from funds made available on a

643 22 U.S.C. 2311. Sec. 12(b)(1) of the FA Act of 1973 amended sec. 503, which formerly read as follows:

"SEC. 503. GENERAL AUTHORITY.—The President is authorized to furnish military assistance on such terms and conditions as he may determine, to any friendly country or international organization, the assisting of which the President finds will strengthen the security of the United States and promote world peace and which is otherwise eligible to receive such assistance by

"(a) acquiring from any source and providing (by loan or grant) any defense article or defense service;

"(b) making financial contributions to multilateral programs for the acquisition or construction of facilities for collective defense;

"(c) providing financial assistance for expenses incident to participation by the United States Government in regional or collective defense organizations;

"(d) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to perform duties of a noncombatant nature, including those related to training or advice.".

644 In 2000, the President determined that the furnishing of defense articles and services to the Economic Community of Western African States would "strengthen the security of the United States and promote world peace” (Presidential Determination No. 2000–13 of February 16, 2000; 65 F.R. 10069).

In 1999, the President made similar determinations for Croatia (Presidential Determination No. 99–21 of April 8, 1999); and the Organization for Security and Cooperation in Europe (Presidential Determination No. 99–31 of June 30, 1999; 64 F.R. 37033).

In 1997, the President determined that the furnishing of defense articles and services to the Governments of Georgia, Kazakstan, Kyrgyzstan, Moldova, Turkmenistan, Russia, Ukraine, and Uzbekistan, would strengthen the security of the United States and promote world peace (Presidential Determination No. 97-19 of March 11, 1997; 62 F.R. 13531).

In 1995 and 1996, the President made similar determinations for Angola (Presidential Determination No. 95–32 of July 28, 1995; 60 F.R. 40255), Mongolia (Presidential Determination No. 95–38 of August 22, 1995; 60 F.R. 50069), Bosnia and Herzegovina (Presidential Determination No. 96-10 of February 23, 1996; 61 F.R. 8463), Slovenia, and the Former Yugoslav Republic of Macedonia (Presidential Determination No. 96-18 of March 8, 1996; 61 F.R. 11497).

645 Par. (3) was added by sec. 112(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96–533; 94 Stat. 3138).

Title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations for 1988, Public Law 100–202; 101 Stat. 1329–131), stipulated: “That, after September 30, 1989, none of the funds appropriated under this heading shall be made available for the purposes of section 503(a)(3) of the Foreign Assistance Act of 1961". This proviso was subsequently repealed by title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268).

646 The word "country" was inserted in lieu of the words “specified in section 504(a)(1) of this Act, within the dollar limitations of that section” by sec. 110(c) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1536).

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