Sec. 7049.
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Funds made available under titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve.
Consistent with the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, funds appropriated by this Act under the headings Peacekeeping Operations and Foreign Military Financing Program shall be made available for combat casualty training and equipment. The Secretary of State shall offer combat casualty care training and equipment as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings Peacekeeping Operations and Foreign Military Financing Program : , That the requirement of this subparagraph shall apply to a country in conflict, unless the Secretary determines that such country has in place, to the maximum extent practicable, functioning combat casualty care treatment and equipment that meets or exceeds the standards recommended by the Committee on Tactical Combat Casualty Care:
Provided , That any such training and equipment for combat casualty care shall be made available through an open and transparent process. Provided further Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $10,000,000 shall be made available for forensic anthropology assistance related to the exhumation and identification of victims of war crimes, crimes against humanity, and genocide, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State: , That such funds shall be in addition to funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for countries.
Provided Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement , not less than $2,000,000 shall be made available for DNA forensic technology programs to combat human trafficking in Central America and Mexico. Funds appropriated by this Act under the heading Foreign Military Financing Program for the general costs of administering military assistance and sales shall be made available to increase the efficiency and effectiveness of programs authorized by Chapter 2 of the Arms Export Control Act: , That prior to the obligation of funds for such purposes, the Secretary of State shall consult with the Committees on Appropriations.
Provided Funds appropriated by this Act under the headings Foreign Military Financing Program and Peacekeeping Operations that are made available for lethal assistance shall include an offer by the Secretary of State for training related to the requirements of international humanitarian law as a component of such assistance, except that this paragraph shall not apply to a country that— is a member of the North Atlantic Treaty Organization (NATO); is a major non-NATO ally initially designated pursuant to section 517(b) of the Foreign Assistance Act of 1961; or the Secretary of State determines is complying with international humanitarian law.
Of the funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement and Peacekeeping Operations , not less than $15,000,000 shall be made available to increase the capacity of foreign security forces to operate in accordance with appropriate standards for human rights and the protection of civilians: , That such funds shall be made available to increase partner capacity to collect, track, and analyze civilian casualty data caused by such operations, including to apply lessons learned to future operations, and to enhance investigate capacity and transparent accountability mechanisms:
Provided , That such funds shall be subject to prior consultation with the Committees on Appropriations. Provided further In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. Section 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2019.
Section 7065 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2019: , That of the funds appropriated by this Act under the heading Provided International Narcotics Control and Law Enforcement , not less than $5,000,000 shall be made available to implement such section. Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking 2019 and inserting 2020 .
Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321h(b)(2)(A) ) is amended by striking and 2019 and inserting 2019, and 2020 . For the purposes of funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for units of foreign security forces, the term to the maximum extent practicable in section 620M(d)(7) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d ) means that the identify of such units shall be made publicly available unless such disclosure would endanger the safety of human sources or reveal sensitive intelligence sources and methods.
Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers. Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the Secretary of State may prescribe.
No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions.
Funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries that the Secretary of State determines are undemocratic or are undergoing democratic transitions. Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees on foreign assistance cases submitted for vetting for purposes of section 620M of the Foreign Assistance Act of 1961 during the preceding fiscal year, including— the total number of cases submitted, approved, suspended, or rejected for human rights reasons; and for cases rejected, a description of the steps taken to assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice, in accordance with section 620M(c) of the Foreign Assistance Act of 1961.
The report required by this paragraph shall be submitted in unclassified form, but may be accompanied by a classified annex. For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated by section 517(b) of such Act as a major non-NATO ally.
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- Pub. L. 108-287
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Sec. 7049
Pub. L.Pub. L. 108-287
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