22 U.S.C. § 262d — Human rights and United States assist-

Page 36 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 262c § 262c. Commitments for United States contribu- tions to international financial institutions fostering economic development in less de- veloped countries; continuation of participa- tion (a) Congressional findings It is the sense of the Congress that— (1) for humanitarian, economic, and political reasons, it is in the national interest of the United States to assist in fostering economic development in the less developed countries of this world; (2) the development-oriented international financial institutions have proved themselves capable of playing a significant role in assist- ing economic development by providing to less developed countries access to capital and tech- nical assistance and soliciting from them max- imum self-help and mutual cooperation; (3) this has been achieved with minimal risk of financial loss to contributing countries; (4) such institutions have proved to be an ef- fective mechanism for sharing the burden among developed countries of stimulating eco- nomic development in the less developed world; and (5) although continued United States par- ticipation in the international financial insti- tutions is an important part of efforts by the United States to assist less developed coun- tries, more of this burden should be shared by other developed countries. As a step in that di- rection, in future negotiations, the United States should work toward aggregate con- tributions to future replenishments to inter- national financial institutions covered by this Act not to exceed 25 per centum. (b) Funding commitments to international finan- cial institutions; availability of funds subject to appropriations The Congress recognizes that economic devel- opment is a long-term process needing funding commitments to international financial institu- tions. It also notes that the availability of funds for the United States contribution to inter- national financial institutions is subject to the appropriations process. (Pub. L. 95–118, title I, § 101, Oct. 3, 1977, 91 Stat. 1067.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(5), is Pub. L. 95–118, Oct. 3, 1977, 91 Stat. 1067, known as the Inter- national Financial Institutions Act, which enacted sec- tions 262c, 262d, 262e to 262g–3, 262m to 262p–4q, 262p–5 to 262p–12, 262p–13 to 262p–17, 262r to 262r–5, 262s to 262t, 282i, 284n, 285s, 285t, 286e–1f, and 290g–10 of this title, re- pealed sections 283y, 284m, and 290g–9 of this title, and enacted provisions set out as notes under sections 262c and 282i of this title. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 261 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title. FUTURE UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FINANCIAL INSTITUTIONS Pub. L. 96–536, § 101(b) [H.J. Res. 637, § 101(b); H.R. 4473, title I], Dec. 16, 1980, 94 Stat. 3167, provided in part that: ‘‘It is the sense of the Congress that the United States share of contributions to future replenishments of the International Financial Institutions should not exceed the percentages enumerated below for each of the re- spective accounts within these institutions: ‘‘Asian Development Bank: ‘‘Paid-in capital, 16.3 percent; ‘‘Callable capital, 16.3 percent; ‘‘Asian Development Fund, 22.2 percent; ‘‘African Development Bank: ‘‘Special Fund, 18 percent; ‘‘Inter-American Development Bank: ‘‘Paid-in capital, 34.5 percent; ‘‘Callable capital, 34.5 percent; ‘‘Fund for Special Operations, 40 percent; ‘‘International Bank for Reconstruction and Devel- opment: ‘‘Paid-in capital, 24 percent; ‘‘Callable capital, 24 percent; ‘‘International Development Association, 25 per- cent; ‘‘International Finance Corporation, 23 percent.’’ Similar provisions were contained in the following appropriation acts: Pub. L. 96–123, § 101(a) [incorporating Pub. L. 95–481, title III], Nov. 20, 1979, 93 Stat. 923. Pub. L. 95–481, title III, Oct. 18, 1978, 92 Stat. 1599. Pub. L. 95–148, title III, Oct. 31, 1977, 91 Stat. 1238. STANDARDS FOR HUMAN NEEDS AND PROTECTION OF HUMAN RIGHTS; CONSULTATION FOR DEVELOPMENT OF CRITERIA; REPORT TO CONGRESS Pub. L. 95–118, title VII, § 703, Oct. 3, 1977, 91 Stat. 1070, directed the Secretary of State and the Secretary of the Treasury to initiate a wide consultation designed to develop a viable standard for the meeting of basic human needs and the protection of human rights and a mechanism for acting together to insure that the re- wards of international economic cooperation are espe- cially available to those who subscribe to such stand- ards, and report to Congress not later than one year after Oct. 3, 1977. § 262d. Human rights and United States assist- ance policies with international financial in- stitutions (a) Policy goals The United States Government, in connection with its voice and vote in the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter- American Development Bank, the African De- velopment Fund, the Asian Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, and the International Monetary Fund, shall advance the cause of human rights, including by seeking to channel assistance toward countries other than those whose governments engage in— (1) a pattern of gross violations of inter- nationally recognized human rights, such as torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial to life, liberty, and the security of person; or (2) provide refuge to individuals committing acts of international terrorism by hijacking aircraft. (b) Policy considerations for Executive Directors of institutions in implementation of duties Further, the Secretary of the Treasury shall instruct each Executive Director of the above Page 37 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 262d institutions to consider in carrying out his du- ties: (1) specific actions by either the executive branch or the Congress as a whole on indi- vidual bilateral assistance programs because of human rights considerations; (2) the extent to which the economic assist- ance provided by the above institutions di- rectly benefit the needy people in the recipi- ent country; (3) whether the recipient country— (A) is seeking to acquire unsafeguarded special nuclear material (as defined in sec- tion 6305(8) of this title) or a nuclear explo- sive device (as defined in section 6305(4) of this title); (B) is not a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons; or (C) has detonated a nuclear explosive de- vice; and (4) in relation to assistance for the Socialist Republic of Vietnam, the People’s Democratic Republic of Laos, Russia and the other inde- pendent states of the former Soviet Union (as defined in section 5801 of this title), and Demo- cratic Kampuchea (Cambodia), the responsive- ness of the governments of such countries in providing a more substantial accounting of Americans missing in action. (c) Requirements of United States assistance through institutions for projects in recipient countries The United States Government, in connection with its voice and vote in the institutions listed in subsection (a), shall seek to channel assist- ance to projects which address basic human needs of the people of the recipient country. (d) Criteria for determination of gross violations of internationally recognized human rights standards In determining whether a country is in gross violation of internationally recognized human rights standards, as defined by the provisions of subsection (a), the United States Government shall give consideration to the extent of co- operation of such country in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by ap- propriate international organizations including, but not limited to, the International Committee of the Red Cross, Amnesty International, the International Commission of Jurists, and groups or persons acting under the authority of the United Nations or the Organization of American States. (e) Opposition by United States Executive Direc- tors of institutions to financial or technical assistance to violating countries The United States Executive Directors of the institutions listed in subsection (a) are author- ized and instructed to oppose any loan, any ex- tension of financial assistance, or any technical assistance to any country described in sub- section (a)(1) or (2), unless such assistance is di- rected specifically to programs which serve the basic human needs of the citizens of such coun- try. (f) Consultative requirement The Secretary of the Treasury or his delegate shall consult frequently and in a timely manner with the chairmen and ranking minority mem- bers of the Committee on Banking, Finance and Urban Affairs of the House of Representatives and of the Committee on Foreign Relations of the Senate to inform them regarding any pro- spective changes in policy direction toward countries which have or recently have had poor human rights records. (g) Violations of religious freedom In determining whether the government of a country engages in a pattern of gross violations of internationally recognized human rights, as described in subsection (a), the President shall give particular consideration to whether a for- eign government— (1) has engaged in or tolerated particularly severe violations of religious freedom, as de- fined in section 6402 of this title; or (2) has failed to undertake serious and sus- tained efforts to combat particularly severe violations of religious freedom when such ef- forts could have been reasonably undertaken. (Pub. L. 95–118, title VII, § 701, Oct. 3, 1977, 91 Stat. 1069; Pub. L. 96–259, title V, § 501(a), (b), June 3, 1980, 94 Stat. 431, 432; Pub. L. 97–35, title XIII, § 1342(b), Aug. 13, 1981, 95 Stat. 743; Pub. L. 97–375, title II, § 211, Dec. 21, 1982, 96 Stat. 1826; Pub. L. 98–181, title I [title X, § 1004], Nov. 30, 1983, 97 Stat. 1286; Pub. L. 101–240, title V, § 541(c), (d)(4), (e)(8), Dec. 19, 1989, 103 Stat. 2517–2519; Pub. L. 101–513, title V, § 562(b)(2), Nov. 5, 1990, 104 Stat. 2034; Pub. L. 102–511, title X, § 1008, Oct. 24, 1992, 106 Stat. 3361; Pub. L. 103–236, title VIII, § 823(b), Apr. 30, 1994, 108 Stat. 512; Pub. L. 105–292, title IV, § 422, Oct. 27, 1998, 112 Stat. 2810; Pub. L. 106–569, title XI, § 1103(g), Dec. 27, 2000, 114 Stat. 3031; Pub. L. 113–188, title XVI, § 1601(b), Nov. 26, 2014, 128 Stat. 2025.) Editorial Notes AMENDMENTS 2014—Subsecs. (c) to (g). Pub. L. 113–188, which di- rected amendment of this section by striking subsec. (c) and redesignating subsec. (d) through subsec. (g) as added by section ‘‘501(g)’’ of Pub. L. 96–259 as subsecs. (c) through (f), respectively, was executed by redesig- nating subsec. (d) to subsec. (g) as added by section 501(b) of Pub. L. 96–259 (relating to consultative re- quirement) as (c) to (f), respectively, and striking out former subsec. (c) which related to reporting require- ments, to reflect the probable intent of Congress. 2000—Subsec. (c)(1). Pub. L. 106–569 substituted ‘‘The Secretary of the Treasury shall report annually’’ for ‘‘Not later than 30 days after the end of each calendar quarter, the Secretary of the Treasury shall report quarterly’’. 1998—Subsec. (g). Pub. L. 105–292 added subsec. (g) re- lating to violations of religious freedom. 1994—Subsec. (b)(3). Pub. L. 103–236 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘whether the recipient country has detonated a nuclear device or is not a State Party to the Treaty on Non- proliferation of Nuclear Weapons or both; and’’. 1992—Subsec. (a). Pub. L. 102–511, § 1008(a), substituted ‘‘the African Development Bank, the European Bank for Reconstruction and Development, and the Inter- national Monetary Fund,’’ for ‘‘and the African Devel- opment Bank,’’. Subsec. (b)(4). Pub. L. 102–511, § 1008(b), inserted ‘‘Rus- sia and the other independent states of the former So- Page 38 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 262d viet Union (as defined in section 5801 of this title),’’ after ‘‘Laos,’’. 1990—Subsec. (g). Pub. L. 101–513 struck out ‘‘(2)’’ be- fore ‘‘The Secretary’’ and substituted ‘‘of the Com- mittee on Banking, Finance and Urban Affairs of the House of Representatives and of the Committee on For- eign Relations of the Senate’’ for ‘‘specified in para- graph (1)’’. 1989—Subsec. (c). Pub. L. 101–240, § 541(c), amended subsec. (c) generally, substituting provisions relating to quarterly reports by Secretary of the Treasury not later than 30 days after end of each calendar quarter for provisions relating to annual reports by Secretaries of State and the Treasury, and quarterly reports by Sec- retary of the Treasury. Subsec. (d). Pub. L. 101–240, § 541(e)(8), struck out at end ‘‘The annual report required under subsection (c) shall include a listing of categories of such assistance granted, with particular attention to categories that address basic human needs.’’ Subsec. (g)(1). Pub. L. 101–240, § 541(d)(4), struck out par. (1) which related to quarterly reporting require- ments by Secretary of the Treasury in consultation with Secretary of State. 1983—Subsec. (a)(1). Pub. L. 98–181 substituted ‘‘pat- tern’’ for ‘‘consistent pattern’’. Subsec. (g)(1). Pub. L. 98–181 substituted ‘‘Not later than thirty days after the end of each calendar quarter, the Secretary of the Treasury, in consultation with the Secretary of State, shall report.’’ for ‘‘The Secretary of the Treasury, in consultation with the Secretary of State, shall report quarterly’’. 1982—Subsec. (c)(1). Pub. L. 97–375 inserted ‘‘excluding section 262e of this title and’’. 1981—Subsec. (a). Pub. L. 97–35 inserted reference to the African Development Bank. 1980—Subsec. (c). Pub. L. 96–259, § 501(a), designated existing provisions as par. (1) and added par. (2). Subsec. (g). Pub. L. 96–259, § 501(b), added subsec. (g). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Com- mittee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Rep- resentatives, and jurisdiction over matters relating to securities and exchanges and insurance generally trans- ferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–240, title VIII, § 801, Dec. 19, 1989, 103 Stat. 2524, provided that: ‘‘Except as otherwise provided in this Act, this Act and the amendments made by this Act [enacting sections 262m–7, 262p–4g to 262p–4k, 262r to 262r–2, 262s–1, 262t, 283z–5 to 283z–8, 286e–12, 286kk, and 2281 to 2286 of this title and section 3904a of Title 12, Banks and Banking, amending this section, sections 262m–7, 262p–1, 262p–5, 262s–2, 282b, 283b, 283cc, 284b, 285b, 286b, 286e–9, 286k–1, 286s, 290g–2, 290i–3, and 290k–5 of this title, and sections 635 and 635i–3 of Title 12, transferring former section 262q of this title to section 262s of this title and former section 4722 of Title 15, Commerce and Trade, to section 262s–2 of this title, repealing sections 262i, 262m–6, 276c–3, 283i, 286b–1, and 286b–2 of this title, enacting provisions set out as notes under sections 283z–6, 2151, and 2291 of this title and sections 635, 3901, and 3904a of Title 12, amending provisions set out as a note under section 262l of this title, and repealing pro- visions set out as notes under sections 262g–2 and 283 of this title] shall take effect on the date of the enact- ment of this Act [Dec. 19, 1989].’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1372 of Pub. L. 97–35, set out as an Effective Date note under section 290i of this title. EFFECTIVE DATE Section effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI- TRAFFICKING INTERVENTIONS IN MULTILATERAL DE- VELOPMENT BANKS Pub. L. 115–427, § 8, Jan. 9, 2019, 132 Stat. 5507, provided that: ‘‘(a) REQUIREMENTS.—The Secretary of the Treasury, in consultation with the Secretary of State, acting through the Ambassador at Large for Monitoring and Combating Trafficking in Persons, shall instruct the United States Executive Director of each multilateral development bank to initiate discussions with the other executive directors and management of the re- spective multilateral development bank to— ‘‘(1) further develop anti-human trafficking provi- sions in relevant project development, safeguards, procurement, and evaluation policies; ‘‘(2) employing a risk-based approach, require human trafficking risk assessments and integration plans as a routine part of developing projects through existing, forthcoming or new mechanisms and proc- esses; ‘‘(3) support analyses of the impact of severe forms of trafficking in persons on key indicators of eco- nomic and social development and of the benefits of reducing human trafficking on economic and social development; ‘‘(4) support the proactive integration of effective anti-trafficking interventions into projects with the objectives of enhancing development outcomes and reducing the incidence of severe forms of trafficking in project areas; ‘‘(5) increase the capacity of multilateral develop- ment banks and of recipient governments to conduct human trafficking risk assessments and integrate anti-trafficking interventions into projects; ‘‘(6) support the development of meaningful risk mitigation and reduction policies, regulations, and strategies within the multilateral development banks to reduce the incidence and prevalence of severe forms of trafficking in persons and enhance develop- ment outcomes that may be improved by reducing the incidence and prevalence of human trafficking; and ‘‘(7) support the inclusion of human trafficking risk analysis in the development of relevant country strategies by each multilateral development bank. ‘‘(b) BRIEFINGS.—The Secretary of the Treasury shall make relevant officials available to brief the Com- mittee on Foreign Relations of the Senate, the Com- mittee on Appropriations of the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Appropriations of the House of Representatives on the implementation of this sec- tion.’’ CONSULTATIONS FOR ADOPTION OF AMENDMENT TO AR- TICLES OF AGREEMENT RESPECTING HUMAN RIGHTS STANDARDS IN CONNECTION WITH ANY APPLICATION FOR ASSISTANCE Pub. L. 95–118, title VII, § 705, as added by Pub. L. 96–259, title V, § 501(c), June 3, 1980, 94 Stat. 432, pro- vided that: ‘‘The President shall direct the United Page 39 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 262g States Governor of the International Bank for Recon- struction and Development, the United States Gov- ernor of the International Finance Corporation, the United States Governor of the International Develop- ment Association, the United States Governor of the Inter-American Development Bank, the United States Governor of the Asian Development Bank, and the United States Governor of the African Development Fund, to consult with the other Governors of those in- stitutions concerning adoption of an amendment to the Articles of Agreement of their respective institutions to establish human rights standards to be considered in connection with each application for assistance.’’ AMENDMENT OF ARTICLES OF AGREEMENT OF INTER- NATIONAL FINANCIAL INSTITUTIONS; ESTABLISHMENT OF HUMAN RIGHTS STANDARDS TO BE CONSIDERED IN CONNECTION WITH ASSISTANCE APPLICATION Pub. L. 95–481, title VI, § 611, Oct. 18, 1978, 92 Stat. 1602, provided that: ‘‘The President shall direct the United States Governor of the International Bank for Reconstruction and Development, the United States Governor of the International Finance Corporation, the United States Governor of the International Develop- ment Association, the United States Governor of the Inter-American Development Bank, the United States Governor of the Asian Development Bank, and the United States Governor of the African Development Fund, to propose and seek adoption of an amendment to the Articles of Agreement for their respective insti- tutions to establish human rights standards to be con- sidered in connection with each application for assist- ance.’’ § 262d–1. Congressional statement of policy of human rights and United States assistance policies with international institutions It is the sense of the Congress that, where other means have proven ineffective in pro- moting international human rights, and except where the President determines that the cause of international human rights is served more ef- fectively by actions other than voting against such assistance or where the assistance is di- rected to programs that serve the basic needs of the impoverished majority of the country in question, United States representatives to the International Bank for Reconstruction and De- velopment, the International Development Asso- ciation, the African Development Fund, the Asian Development Bank, and the Inter-Amer- ican Development Bank should oppose loans and other financial or technical assistance to any country that persists in a systematic pattern of gross violations of fundamental human rights. (Pub. L. 95–148, title V, § 507, Oct. 31, 1977, 91 Stat. 1240.) § 262e. Comparability of salaries and benefits of employees of international financial institu- tions with employees of American private business and governmental service The President shall direct the United States Executive Directors of such international finan- cial institutions to take all appropriate actions to keep the salaries and benefits of the employ- ees of such institutions to levels comparable to salaries and benefits of employees of private business and the United States Government in comparable positions. (Pub. L. 95–118, title VII, § 704, Oct. 3, 1977, 91 Stat. 1071.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title. § 262f. Promotion of development and utilization of light capital technologies and United States assistance policies with international financial institutions The United States Government, in connection with its voice and vote in the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter- American Development Bank, the African De- velopment Fund, the Asian Development Bank, and the African Development Bank, shall pro- mote the development and utilization of light capital technologies, otherwise known as inter- mediate, appropriate, or village technologies, by such international institutions as major facets of their development strategies, with major em- phasis on the production and conservation of en- ergy through light capital technologies. (Pub. L. 95–118, title VIII, § 801, Oct. 3, 1977, 91 Stat. 1071; Pub. L. 97–35, title XIII, §§ 1342(c), 1371(b)(1), Aug. 13, 1981, 95 Stat. 743, 746.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 redesignated subsec. (a) as entire section, inserted reference to African Development Bank, and struck out subsec. (b) which related to an annual report to Congress on progress toward achieving goals of this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1372 of Pub. L. 97–35, set out as an Effective Date note under section 290i of this title. EFFECTIVE DATE Section effective Oct. 3, 1977, see section 1001 of Pub. L. 95–118, set out as a note under section 282i of this title. § 262g. Human nutrition in developing countries and United States assistance policies with international financial institutions; declara- tion of policy The Congress declares it to be the policy of the United States, in connection with its voice and vote in the International Bank for Recon- struction and Development, the International Development Association, the International Fi- nance Corporation, the Inter-American Develop- ment Bank, the African Development Fund, the Asian Development Fund, and the Asian Devel- opment Bank, to combat hunger and malnutri- tion and to encourage economic development in the developing countries, with emphasis on as- sistance to those countries that are determined to improve their own agricultural production, by seeking to channel assistance for agricultur- ally related development to projects that would aid in fulfilling domestic food and nutrition needs and in alleviating hunger and malnutri-