Sec. 9102. Prohibition on assistance to certain human rights violators
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/bill/113/hr/1793/ih/section-9102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No foreign assistance may be provided to— any unit of the security forces of a foreign government, any agency or instrumentality of a foreign government, or a private partner, if the Secretary has credible information that such unit, agency or instrumentality, or private partner, as the case may be, has committed a gross violation of internationally recognized human rights. The prohibition in subsection
(a)shall not apply if the Secretary determines and reports to the appropriate congressional committees that effective steps and corrective measures are being taken to bring the responsible members of such unit, agency or instrumentality, or private partner, as the case may be, to justice. In the event that funds are withheld from any unit pursuant to this section, the Secretary shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the government in taking effective measures to bring the responsible members of such unit to justice. The Secretary shall make publicly available on the Internet website of the Department of State the identity of each unit for which there is credible information that such unit has committed a gross violation of internationally recognized human rights. The requirements of paragraphs
(1)and
(2)shall not apply if the Secretary determines such application would compromise United States sources and methods or would jeopardize the health, safety, or human rights of a witness or informant. The Secretary shall establish, and periodically update, procedures to— maintain a current list of each foreign country with respect to which the United States provides training, equipment, or other types of assistance to any unit of the security forces of the government of such country; 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 internationally recognized human rights by any entity described in paragraph (1), (2), or
(3)of subsection (a); routinely request and obtain such information from the Department of Defense, the Central Intelligence Agency, and other United States Government sources departments and agencies; synchronize information obtained from all sources; ensure that such information is evaluated and preserved; ensure that when vetting an individual for eligibility to receive United States training the individual’s unit is also vetted; and seek to identify the unit involved when credible information of a gross violation of internationally recognized human rights exists but the identity of the unit is lacking. The Secretary is authorized to use funds made available under title III or title IV for purposes of gathering, receiving, preserving, investigating, and evaluating evidence of gross violations of internationally recognized human rights by any entity described in paragraph (1), (2), or
(3)of subsection (a). Funds made available under paragraph
(1)are in addition to amounts otherwise made available for the purposes described in paragraph (1). In this section— the term agency or instrumentality of a foreign government means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code; and the term unit means the smallest unit operating in the field.