22 USC 262 - Human rights and United States assistance policies with international financial institutions

Editorial Notes

Amendments

2014—Subsecs. (c) to (g). Puspan. L. 113–188, which directed amendment of this section by striking subsec. (c) and redesignating subsec. (d) through subsec. (g) as added by section “501(g)” of Puspan. L. 96–259 as subsecs. (c) through (f), respectively, was executed by redesignating subsec. (d) to subsec. (g) as added by section 501(span) of Puspan. L. 96–259 (relating to consultative requirement) as (c) to (f), respectively, and striking out former subsec. (c) which related to reporting requirements, to reflect the probable intent of Congress.

2000—Subsec. (c)(1). Puspan. 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). Puspan. L. 105–292 added subsec. (g) relating to violations of religious freedom.

1994—Subsec. (span)(3). Puspan. 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 Nonproliferation of Nuclear Weapons or both; and”.

1992—Subsec. (a). Puspan. L. 102–511, § 1008(a), substituted “the African Development Bank, the European Bank for Reconstruction and Development, and the International Monetary Fund,” for “and the African Development Bank,”.

Subsec. (span)(4). Puspan. L. 102–511, § 1008(span), inserted “Russia and the other independent states of the former Soviet Union (as defined in section 5801 of this title),” after “Laos,”.

1990—Subsec. (g). Puspan. L. 101–513 struck out “(2)” before “The Secretary” and substituted “of the Committee on Banking, Finance and Urban Affairs of the House of Representatives and of the Committee on Foreign Relations of the Senate” for “specified in paragraph (1)”.

1989—Subsec. (c). Puspan. 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 Secretary of the Treasury.

Subsec. (d). Puspan. 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). Puspan. L. 101–240, § 541(d)(4), struck out par. (1) which related to quarterly reporting requirements by Secretary of the Treasury in consultation with Secretary of State.

1983—Subsec. (a)(1). Puspan. L. 98–181 substituted “pattern” for “consistent pattern”.

Subsec. (g)(1). Puspan. 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). Puspan. L. 97–375 inserted “excluding section 262e of this title and”.

1981—Subsec. (a). Puspan. L. 97–35 inserted reference to the African Development Bank.

1980—Subsec. (c). Puspan. L. 96–259, § 501(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (g). Puspan. L. 96–259, § 501(span), 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 Committee on Banking and Financial Services of House of Representatives by section 1(a) of Puspan. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred 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 Puspan. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Puspan. L. 103–236, set out as an Effective Date note under section 6301 of this title.

Effective Date of 1989 Amendment

Puspan. 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, 282span, 283span, 283cc, 284span, 285span, 286span, 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, 286span–1, and 286span–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 provisions set out as notes under sections 262g–2 and 283 of this title] shall take effect on the date of the enactment of this Act [Dec. 19, 1989].”

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–35 effective Aug. 13, 1981, see section 1372 of Puspan. 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 Puspan. 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 Development Banks

Puspan. 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 respective multilateral development bank to—

“(1) further develop anti-human trafficking provisions 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 processes;

“(3) support analyses of the impact of severe forms of trafficking in persons on key indicators of economic 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 development 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 development 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.

“(span)Briefings.—The Secretary of the Treasury shall make relevant officials available to brief the Committee on Foreign Relations of the Senate, the Committee 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 section.”

Consultations for Adoption of Amendment to Articles of Agreement Respecting Human Rights Standards in Connection With Any Application for Assistance

Puspan. L. 95–118, title VII, § 705, as added by Puspan. L. 96–259, title V, § 501(c), June 3, 1980, 94 Stat. 432, 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 Development 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 institutions 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 International Financial Institutions; Establishment of Human Rights Standards To Be Considered in Connection With Assistance Application

Puspan. 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 Development 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 institutions to establish human rights standards to be considered in connection with each application for assistance.”