United States Code

USC most recently checked for updates: Mar 01, 2024

§ 2378d.
Limitation on assistance to security forces
(a)
In general

No assistance shall be furnished under this chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.] to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.

(b)
Exception

The prohibition in subsection (a) shall not apply if the Secretary determines and reports to the appropriate congressional committees that the government of such country is taking effective steps to bring the responsible members of the security forces unit to justice.

(c)
Duty to inform
(1)
If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective December 31, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition.
(2)
If the recipient government withholds assistance from a unit pursuant to this section, the Secretary shall inform the appropriate congressional committees and shall, to the maximum extent practicable, assist the foreign government in bringing the responsible members of the unit to justice.
(d)
Credible information
The Secretary shall establish, and periodically update, procedures to—
(1)
ensure that for each country the Department of State has a current list of all security force units receiving United States training, equipment, or other types of assistance;
(2)
facilitate receipt by the Department of State and United States embassies of information from individuals and organizations outside the United States Government about gross violations of human rights by security force units;
(3)
routinely request and obtain such information from the Department of Defense, the Central Intelligence Agency, and other United States Government sources;
(4)
ensure that such information is evaluated and preserved;
(5)
ensure that when an individual is designated to receive United States training, equipment, or other types of assistance the individual’s unit is vetted as well as the individual;
(6)
seek to identify the unit involved when credible information of a gross violation exists but the identity of the unit is lacking; and
(7)
make publicly available, to the maximum extent practicable, the identity of those units for which no assistance shall be furnished pursuant to subsection (a).
(e)
Definitions
(1)
For the purposes of subsection (d)(7), the term “to the maximum extent practicable” means that the identity of such units shall be made publicly available unless the Secretary of State, on a case-by-case basis, determines and reports to the appropriate congressional committees that public disclosure is not in the national security interest of the United States and provides a detailed justification for such determination, which may be submitted in classified form.
(2)
For the purposes of this section, “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
(Pub. L. 87–195, pt. III, § 620M, formerly § 620J, as added Pub. L. 110–161, div. J, title VI, § 651, Dec. 26, 2007, 121 Stat. 2341; renumbered § 620M and amended Pub. L. 112–74, div. I, title VII, § 7034(k), Dec. 23, 2011, 125 Stat. 1216; Pub. L. 113–76, div. K, title VII, § 7034(l), Jan. 17, 2014, 128 Stat. 515; Pub. L. 117–103, div. K, title VII, § 7035(b)(6), Mar. 15, 2022, 136 Stat. 629.)
cite as: 22 USC 2378d