Foreign Assistance Act of 1961, Section 116, as amended
(a) Violations barring assistance; assistance for needy people
No assistance may be provided under subchapter I of this chapter 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.
(b) Information to Congressional committees for realization of assistance
for needy people; concurrent resolution terminating assistance
In determining whether this standard is being met with regard to funds allocated
under subchapter I of this chapter, 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 to submit in writing information demonstrating that such
assistance will directly benefit the needy people in such country, together
with a detailed explanation of the assistance to be provided (including
the dollar amounts of such assistance) and an explanation of how such assistance
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.
(b) Protection of children from exploitation
No assistance may be provided 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.
(c) Factors considered
In determining whether or not a government falls within the provisions of
subsection (a) of this section and in formulating development assistance
programs under subchapter I of this chapter, the Administrator shall consider,
in consultation with the Assistant Secretary for Democracy, Human Rights,
and Labor--
(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(d) Report to Speaker of House and Committee on Foreign Relations of the Senate
(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.
(1) the status of internationally recognized human rights, within the meaning of subsection (a) of this section--(e) Promotion of civil and political rights(A) in countries that receive assistance under subchapter I of this chapter, and(2) wherever applicable, practices regarding coercion in population control, including coerced abortion and involuntary sterilization; 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 chapter; and
(3) the steps the Administrator has taken to alter United States programs under subchapter I of this chapter in any country because of human rights considerations.