(E) the efforts of such government to promote anti-bias and tolerance education;

(9)79 wherever applicable, 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); (10) 80 for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent to which the United States has taken or will take action to encourage an end to such practices in the country; and

(11)81 (A) wherever applicable, a description of the nature and extent)

(i) of the compulsory recruitment and conscription of individuals under the age of 18 by armed forces of the government of the country, government-supported paramilitaries, or other armed groups, and the participation of such individuals in such groups; and

(ii) that such individuals take a direct part in hostilities; (B) what steps, if any, taken by the government of the country to eliminate such practices; and

(C) such other information related to the use by such government of individuals under the age of 18 as soldiers, as determined to be appropriate by the Secretary.

(e) 70, 82 The President is authorized and encouraged to use not less than $3,000,000 of the funds made available under this chap

80 Sec. 665(a) of the Freedom Investment Act of 2002 (subtitle E of title VI of the Foreign Relations Authorization Act, Fiscal Year 2002; Public Law 107-228; 116 Stat. 1406) struck out "and" at the end of para. (7); replaced a period at the end of para. (8) with "; and"; and added a new para. (9), subsequently redesignated as para. (10) by sec. 6(a) of Public Law 108–332 (118 Stat. 1285). Sec. 665(c) of that Act further provided the following:

"(c) SEPARATE REPORT.-The information to be included in the report required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 pursuant to the amendments made by subsections (a) and (b) may be submitted by the Secretary as a separate report. If the Secretary elects to submit such information as a separate report, such report shall be submitted not later than 30 days after the date of submission of the report required by section 116(d) and 502B(b) of the Foreign Assistance Act of 1961.".

81 Sec. 683(a) of the Freedom Investment Act of 2002 (subtitle E of title VI of the Foreign Relations Authorization Act, Fiscal Year 2002; Public Law 107-228; 116 Stat. 1410) struck out "and" at the end of para. (8); replaced a period at the end of para (9) with "; and "; and added a new para. (10). Para. (1) was redesignated as para. (11) by sec. 6(a) of Public Law 108-332 (118 Stat. 1285), which added a new para. (8).

82 Sec. 109(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 947) added "The President is authorized and encouraged to use not less than". 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 95424 (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).

Para. designation "(1)" and a new para. (2) were added to subsec. (e) by sec. 1002(a)(3) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052). Para. (2) subsequently was repealed by sec. 4(a)(3)(B) of the South African Democratic Transition Support Act of 1993 (Public Law 103-149; 107 Stat. 1505), and the designation for para. (1) was struck out.

ter, chapter 10 of this part,83 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, including the right to free religious belief and practice,84 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.

(f) 85 (1) The report required by subsection (d) shall include the following:

Para. (2) of subsec. (e) had stated a priority, with supporting guidelines and conditions, for giving 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 apart

heid.".

Sec. 4(aX3XB) of the South African Democratic Transition Support Act of 1993 (Public Law 103-149, 107 Stat. 1505) also repealed subsecs. (f) and (g) of sec. 116, which had been added by sec. 202(b) of Public Law 99-440 (100 Stat. 1095).

Subsec. (f) directed not less than $500,000 under section (e)(2)(A) to 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

Subsec. (g) directed $175,000 each fiscal year to "be used for direct assistance to families of victims of violence such as 'necklacing' and other such inhumane acts", and another $175,000 to 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.".

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, 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".

Sec. 501(b) of the International Religious Freedom Act of 1998 (Public Law 105-292; 112 Stat. 2811) inserted ", including the right to free religious belief and practice" after "adherence to civil and political rights". Subsec. (a) of that sec. provided the following:

SEC. 501. ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.

a) FINDINGS.-Congress makes the following findings:

(1) In many nations where severe violations of religious freedom occur, there is not sufficient statutory legal protection for religious minorities or there is not sufficient cultural and social understanding of international norms of religious freedom.

"(2) Accordingly, in the provision of foreign assistance, the United States should make a priority of promoting and developing legal protections and cultural respect for religious free

dom.".

5 Sec. 104(a) of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106386: 114 Stat. 1471) amended and restated subsec. (f). Originally added by sec. 597 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), the subsec. formerly read as follows:

1) The report required by subsection (d) shall include

(A) a list of foreign states where trafficking in persons, especially women and children, originates, passes through, or is a destination; and

B) an assessment of the efforts by the governments of the states described in paragraph (A) to combat trafficking. Such an assessment shall address

"(1) whether government authorities in each such state tolerate or are involved in trafficking activities;

(1) which government authorities in each such state are involved in anti-trafficking activities;

(ii) what steps the government of each such state has taken to prohibit government officials and other individuals from participating in trafficking, including the investigation, prosecution, and conviction of individuals involved in trafficking,

(iv) what steps the government of each such state has taken to assist trafficking victims;

*(v) whether the government of each such state is cooperating with governments of other countries to extradite traffickers when requested;

Continued

(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. (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.

"(vi) whether the government of each such state is assisting in international investigations of transnational trafficking networks; and

"(vii) whether the government of each such state refrains from prosecuting trafficking victims or refrains from other discriminatory treatment towards victims.

"(2) In compiling data and assessing trafficking for the purposes of paragraph (1), United States Diplomatic Mission personnel shall consult with human rights and other appropriate nongovernmental organizations.

"(3) For purposes of this subsection

"(A) the term 'trafficking' means the use of deception, coercion, debt bondage, the threat of force, or the abuse of authority to recruit, transport within or across borders, purchase, sell, transfer, receive, or harbor a person for the purposes of placing or holding such person, whether for pay or not, in involuntary servitude, slavery or slaverylike conditions, or in forced, bonded, or coerced labor;

"(B) the term 'victim of trafficking' means any person subjected to the treatment described in subparagraph (A).”.

(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 persons 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.

Sec. 117.86 Assistance for Disadvantaged South Africans. ** * [Repealed-1993]

Sec. 117.87 Environment and Natural Resources.-(a) The Congress finds that if current trends in the degradation of natural resources in developing countries continue, they will severely undermine the best efforts to meet basic human needs, to achieve sustained economic growth, and to prevent international tension and conflict. The Congress also finds that the world faces enormous, urgent, and complex problems, with respect to natural resources, which require new forms of cooperation between the United States and developing countries to prevent such problems from becoming unmanageable. It is, therefore, in the economic and security interests of the United States to provide leadership both in thoroughly reassessing policies relating to natural resources and the environ

Formerly at 22 U.S.C. 21510. Sec. 4(a)(3)(B) of the South African Democratic Transition Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) repealed sec. 117. It had been added originally by sec. 201(b) of Public Law 99-440 (100 Stat. 1094). Sec. 117 provided assistance for disadvantaged South Africans through South African nongovernmental organizations, such as the Educational Opportunities Council, the South African Institute of Race Relations, READ, professional teachers' unions, the Outreach Program of the University of the Western Cape, the Funda Center in Soweto, SACHED, UPP Trust, TOPS, the Wilgespruit Fellowship Center WFC), and civic and other organizations working at the community level which did not receive funds from the Government of South Africa.

A previous sec. 117, relating to infant nutrition, was repealed in 1978.

22 U.S.C. 2151p. Sec. 117 was redesignated from "sec. 118" by sec. 301(1) of Public Law 99-529 (100 Stat. 3014), resulting in the creation of two sections 117. Sec. 301(2) of Public Law 99-529 further deleted subsec. (d) of that section, which dealt with tropical forests, and sec. 301 3 of Public Law 99-529 added a new section 118 entitled "Tropical Forests". This section, as added by sec. 113 of Public Law 95-88 (91 Stat. 537) and amended by sec. 110 of Public Law 95-424 (92 Stat. 948) and sec. 122 of Public Law 96-53 (93 Stat. 948), was further amended and restated by sec. 307 of the International Security and Development Cooperation Act of 1981 Public Law 97-113; 95 Stat. 1533). This section previously read as follows:

"Sec. 118. Environment and Natural Resources.-(a) The President is authorized to furnish assistance under this part for developing and strengthening the capacity of less developed counthes to protect and manage their environment and natural resources. Special efforts shall be made to maintain and where possible restore the land, vegetation, water, wildlife and other resources upon which depend economic growth and human well-being especially that of the poor. b In carrying out programs under this chapter, the President shall take into consideration the environmental consequence of development actions.".

See also sec. 517(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108-447; 118 Stat. 2809), relating to assistance to the new independent states of the former Soviet Union.

See also sec. 534 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1228), as amended, relating to "Global Warming Initiative".

See also sec. 533 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2013), as amended, relating to "Environment and Global Warming".

See also sec. 532 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1666), relating to "Environment".

ment, and in cooperating extensively with developing countries in order to achieve environmentally sound development.

(b) In order to address the serious problems described in subsection (a), the President is authorized to furnish assistance under this part for developing and strengthening the capacity of developing 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,88 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. 118.89 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

88 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, and made a conforming amendment by inserting "and chapter 10 of this part" here.

89 22 U.S.C. 2151p-1. Sec. 301(3) of Public Law 99-529 (100 Stat. 3014) added sec. 118. See also footnote 87.