Sec. 1209. REVIEW OF IMPLEMENTATION OF PROHIBITION ON USE OF FUNDS FOR ASSISTANCE TO UNITS OF FOREIGN SECURITY FORCES THAT HAVE COMMITTED A GROSS VIOLATION OF HUMAN RIGHTS

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## SEC. 1209 REVIEW OF IMPLEMENTATION OF PROHIBITION ON USE OF FUNDS FOR ASSISTANCE TO UNITS OF FOREIGN SECURITY FORCES THAT HAVE COMMITTED A GROSS VIOLATION OF HUMAN RIGHTS ###

(a)Sense of Congress It is the sense of Congress that the promotion of human rights is a critical element of Department of Defense security cooperation programs and activities that advance United States national security interests and values. ###

(b)Review ####

(1)In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the commanders of the geographic combatant commands, shall initiate a review of the policies, guidance, and processes for Department of Defense-wide implementation of section 362 of title 10, United States Code. ####

(2)Elements The review required by paragraph

(1)shall include an assessment of the following: #####

(A)The standards and procedures by which the Secretary, before making a decision to provide assistance to a unit of a foreign security force under section 362 of title 10, United States Code, gives full consideration to credible information that the unit has committed a gross violation of human rights, including credible information available to the Department of State relating to human rights violations by such unit. #####

(B)The roles and responsibilities of Department of Defense components in implementing such section, including the Under Secretary of Defense for Policy, the Deputy Assistant Secretary of Defense for Global Partnerships, the geographic combatant commands, and the Office of the General Counsel, and whether such components are adequately funded, resourced, and manned to carry out their respective roles and responsibilities. #####

(C)The standards and procedures by which the Secretary implements the exception under subsection

(b)of such section based on a determination that all necessary corrective steps have been taken. #####

(D)The standards and procedures by which the Secretary exercises the waiver authority under subsection

(c)of such section based on a determination that a waiver is required by extraordinary circumstances. #####

(E)The policies, standards, and processes for the remediation of units of foreign security forces described in such section and resumption of assistance consistent with such section, and the effectiveness of such remediation process. #####

(F)The process by which the Secretary determines whether a unit of a foreign security force designated to receive training, equipment, or other assistance under such section is new or fundamentally different from its predecessor for which there was determined to be credible information that the unit had committed a gross violation of human rights. ###

(c)Reports ####

(1)Findings of review Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings of the review conducted under subsection

(b)that includes any recommendations or corrective actions necessary with respect to the policies, guidance, and processes for Department of Defense-wide implementation of section 362 of title 10, United States Code. ####

(2)Remediation process #####

(A)In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through fiscal year 2025, the Secretary shall submit to the appropriate committees of Congress a report on the remediation process under section 362 of title 10, United States Code, and resumption of assistance consistent with such section. #####

(B)Elements Each report required by subparagraph

(A)shall include the following: ######

(i)An identification of the units of foreign security forces that currently have been determined under section 362 of title 10, United States Code, to be ineligible to receive Department of Defense training, equipment, or other assistance. ######

(ii)With respect to each unit identified under clause (i), the date on which such determination was made. ######

(iii)The number of requests submitted by geographic combatant commands for review by a remediation review panel with respect to resumption of assistance to a unit of a foreign security force that has been denied assistance under such section, disaggregated by geographic combatant command. ######

(iv)For the preceding reporting period, the number of— ######

(I)remediation review panels convened; and ######

(II)cases resolved. #####

(C)Appropriate committees of congress defined In this paragraph, the term “appropriate committees of Congress” means— ######

(i)the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and ######

(ii)the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.