Sec. 103. Withholding of assistance
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It is the policy of the United States that assistance to security forces should not be provided to any unit of the security forces of a foreign country that has engaged in a gross violation of human rights or in acts of sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation. A gross violation of human rights referred to in section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d ) shall include any gross violation of human rights committed by a unit serving in a United Nations peacekeeping operation. The Secretary is authorized— to withhold any or all of the assistance to security forces described in subsection
(d)from any unit of the security forces of a foreign country for which the Secretary has determined that credible information exists that the unit has engaged in acts of sexual exploitation or abuse, including while serving on a United Nations peacekeeping operation; and to continue to withhold such assistance until effective steps have been taken— to investigate, identify, and punish such exploitation or abuse; and to prevent similar incidents from occurring in the future. The assistance to security forces described in this subsection is the assistance authorized under— sections 481, 516, 524, and 541 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291 , 2321j, 2344, and 2347); chapter 6 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 et seq. ); and section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ). If funding is withheld under subsection
(c)or a country has been designated as a peacekeeping abuse country of concern under section 102(a)(1), the President may make such funds available to assist the foreign government to strengthen civilian and military mechanisms of accountability to bring the responsible members of the security forces to justice and to prevent future incidents provided that a notification is submitted to Congress in accordance with the procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2706 ). If the Secretary withholds assistance to security forces from a unit of the security forces of a foreign country pursuant to subsection (c), the Secretary shall— promptly notify the government of such country that such unit is ineligible for certain military assistance from the United States; and provide written notification of such withholding to the appropriate congressional committees not later than 10 days after the Secretary has determined to withhold such assistance or sales from such unit.
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