THE RISE AND FALL OF SECTION 502B

This paper traces Section 502B's history and contends that Congress should incorporate Section 502B into its efforts to promote human rights in the context of U.S. security assistance. Part I discusses how Section 502B functions. Part II then traces the introduction and strengthening of the statute in the context of a rise in congressional oversight and attention to human rights in the 1970s. Part III tracks the decline of Section 502B, pointing to executive resistance to implement the provision's mandates, judicial tolerance of 502B violations, and legislative reluctance to enforce the statute. Part IV notes a quiet reemergence of interest in Section 502B that began in 2018. Finally, Part V describes how Congress could invoke Section 502B to elevate human rights considerations in U.S. security assistance and offers recommendations for Congress to that end.