rights practices of the recipient, (2) remedial steps already taken by the United States, and (3) whether any extraordinary circumstances exist which necessitate continuing such assistance in the face of human rights violations.

Fourth, the Act allows termination, restriction, or continuation of assistance by joint resolution of Congress. No time limit is set for congressional action but an expedited procedure for consideration in the Senate is provided for.

The new and amended provisions of law are set out below.

Section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) was amended to read as follows:

SEC. 502B. HUMAN RIGHTS.—(a) (1) It is the policy of the United States, 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, to promote and encourage increased respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. To this end, a principal goal of the foreign policy of the United States is to promote the increased observance of internationally recognized human rights by all countries.

(2) It is further the policy of the United States that, 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.

(3) In furtherance of the foregoing policy 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.

(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 Coordinator for Human Rights and Humanitarian Affairs, 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. 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 International Relations 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 Coordinator for Human Rights and Humanitarian Affairs, 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;

(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 transmitted.

(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, and other flagrant denial of the right to life, liberty, or the security of person; and

(2) the term "security assistance" means

(A) assistance under chapter 2 (military assistance) or chapter 4 (security supporting assistance) or chapter 5 (military education and training) of this part or part VI (assistance to the Middle East) of this Act;

(B) sales of defense articles or services, extensions of credits (including participations in credits, 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 Control Act. Section 624 of the Foreign Assistance Act of 1961 (22 U.S.C. 2384) was amended by the addition of the following new subsection:

(f)(1) There is established in the Department of State a Coordinator for Human rights and Humanitarian Affairs. The Coordinator shall be appointed by the President with the advice and consent of the Senate. He shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secretary of State shall carry out his responsibility under section 502B of this Act through the Coordinator for Human Rights and Humanitarian Affairs.

(2) The Coordinator for Human Rights and Humanitarian Affairs shall maintain continuous observation and review of all matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy including

(A) gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements of sections 116 and 502B of this Act are relevant; (B) preparing the statements and reports to Congress required under section 502B of this Act;

(C) making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with sections 116 and 502B of this Act; and

(D) performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.

President Ford on May 7, 1976, vetoed S. 2662, a predecessor security assistance authorization bill for fiscal year 1976, on grounds, inter alia, of objectionable features in its human rights provisions. See post, Ch. 14, § 9, pp. 752-756, for the President's veto message.

Section 406(b) of the International Security Assistance and Arms Export Control Act of 1976 (P.L. 94-329; 90 Stat. 758; 22 U.S.C. 2370 note), approved June 30, 1976, provides a $27,500,000 limit on economic assistance to Chile from July 1, 1976, to September 30, 1977, subject to an increase of the same amount if the President certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Chile

(A) does not engage 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 trial, or other flagrant denials of the right to life, liberty, or the security of person;

(B) has permitted the unimpeded investigation, by internationally recognized commissions on human rights (including the United Nations Commission on Human Rights and the Inter-American Commission on Human Rights of the Organization of American States) of alleged violations of internationally recognized human rights (as described in subparagraph (A) of this paragraph); and

(C) has taken steps to inform the families of prisoners of the condition of and charges against such prisoners.

For limitations on military assistance to Chile, see post, Ch. 14 § 9, p. 749.

Department of State Reports

Pursuant to section 502B(c) of the International Security Assistance and Arms Export Control Act of 1976, ante, p. 170, Secretary of State Kissinger transmitted classified statements to the House Committee on International Relations concerning practices regarding the observance of international human rights and the implications for U.S. policy with respect to Argentina, Haiti, Indonesia, Iran, Peru, and the Philippines. Subsequently, at the request of the committee, the Department of State declassified the statements and transmitted the unclassified reports to the committee on December 29, 1976.

The Department's reports described the political and legal situation in each country, the degree of observance of internationally recognized human rights there, and U.S. Government efforts to encourage the promotion of such rights. They recited violations of human rights in each of the countries in varying degrees, but nevertheless requested that in each case U.S. security assistance continue to be provided.

Excerpts from the reports on U.S. Government action in the human rights area follow:

Argentina

The subject of human rights has been raised repeatedly with representatives of the Government of Argentina during 1976 by the Department of State and our Embassy in Buenos Aires. The Ambassador has personally explained at length our view of the problem to President Videla, to other members of the junta and to most members of the Cabinet, including the Minister of Foreign Relations, the Minister of Economy, the Minister of Interior, the Minister of Justice, and the Minister of Labor. Senior officials of the Department of State have reviewed with the Foreign Minister and various of his colleagues in the United States reports of violations in Argentina. The subject has been discussed often with Argentina's Ambassador in Washington and with officers of the Argentine Embassy. In addition, Embassy officers and visiting American officials discuss human rights regularly in conversations with their Argentine counterparts. Officials at the Department of Defense... have discussed the subject with resident and visiting Argentine military officers. Our military attachés in Buenos Aires also consistently raise the problem of human rights with their Argentine counterparts in an effort to make them aware of United States views. In these discussions the following topics have been raised repeatedly by American officers:

-Access to and the treatment of American prisoners held on political charges;

-Deep concern over reports of mass murders, and the indiscriminate killings of political refugees and priests;

-The urgent need to control vigilante groups and punish terrorism of both the left and the right;

-The need to bring to trial or release alleged subversives; and -The need to publish the names of prisoners.

The Government of Argentina has stated that the current situation is temporary and that normal conditions will be restored within a short time.

At the behest of Congress and American citizens, we have also inquired about Argentine and other non-American nationals held in detention. While most of our diplomacy has been private, the Ambassador did raise the subject of human rights in an interview published in July by Argentina's leading business publication, Mercado. The Ambassador noted that human rights violations had disturbed United States relations with other countries and expressed the hope that this would not happen with Argentina, noting President Videla's promise to respect human rights.

Haiti

Over the past 2 years, U.S. officials have pursued our concern for human rights with a wide range of Haitian Government officials, from the President on down. In 1974, Special Assistant to the Secretary for Refugee Affairs Kellogg met with President Duvalier and received his assurances that Haitian refugees returning from the United States would not suffer reprisals. Also in 1974. Senator Edward R. Brooke and our Ambassador to Haiti, in a call on President Duvalier, stressed the concern in Congress and the U.S. Government for human rights. Senator Brooke's 1974 visit to Haiti resulted in a report to the Senate Committee on Appropriations which we understand President Duvalier instructed all his cabinet ministers to study.

At every appropriate occasion, our Ambassador has introduced the subject of human rights with senior Haitian Government officials, particularly the Ministers of Interior, Justice, and Foreign Affairs. Our Ambassador has reviewed U.S. positions and concerns on human rights with the Minister of Foreign Affairs. He has transmitted the texts of Secretary Kissinger's statements on human rights at the 1976 OAS General Assembly to the Foreign Minister, accompanied by a letter stressing the key points made by the Secretary on human rights and welcoming an exchange of views on the points raised. We make the following points in dealing with Haitian leaders:

(a) We follow closely all developments in the field of human rights in Haiti and carefully evaluate all available information bearing on this topic

(b) We have noted the pattern of evolution in the observance of human rights in Haiti, particularly over the past 4 years, and