§ 362. 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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/usc/title-10/section-362A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In General.—
(1)Of the amounts made available to the Department of Defense, none may be used for any training, equipment, or other assistance for a unit of a foreign security force if the Secretary of Defense has credible information that the unit has committed a gross violation of human rights.
(2)The Secretary of Defense shall, in consultation with the Secretary of State, ensure that prior to a decision to provide any training, equipment, or other assistance to a unit of a foreign security force full consideration is given to any credible information available to the Department of State relating to human rights violations by such unit.
(b)Exception.— The prohibition in subsection (a)(1) shall not apply if the Secretary of Defense, after consultation with the Secretary of State, determines that the government of such country has taken all necessary corrective steps, or if the equipment or other assistance is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.
(c)Waiver.— The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a)(1) if the Secretary determines that the waiver is required by extraordinary circumstances.
(d)Procedures.— The Secretary of Defense shall establish, and periodically update, procedures to ensure that any information in the possession of the Department of Defense about gross violations of human rights by units of foreign security forces is shared on a timely basis with the Department of State.
(e)Report.— Not later than 15 days after the application of any exception under subsection
(b)or the exercise of any waiver under subsection (c), the Secretary of Defense shall submit to the appropriate committees of Congress a report—
(1)in the case of an exception under subsection (b), providing notice of the use of the exception and stating the grounds for the exception; and
(2)in the case of a waiver under subsection (c), describing—
(A)the information relating to the gross violation of human rights;
(B)the extraordinary circumstances that necessitate the waiver;
(C)the purpose and duration of the training, equipment, or other assistance; and
(D)the United States forces and the foreign security force unit involved.
(Added Pub. L. 113–291, div. A, title XII, § 1204(a)(1), Dec. 19, 2014, 128 Stat. 3531, § 2249e; renumbered § 362 and amended Pub. L. 114–328, div. A, title XII, § 1241(l), Dec. 23, 2016, 130 Stat. 2509.)
Connections57 cite this · traces to 11
Cited by 57 sections · top 52
U.S. Code
- § 1701Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities
- § 111Executive department
- § 333Foreign security forces: authority to build capacity
- § 362Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights
- § 311Exchange of defense personnel between United States and friendly foreign countries: authority
- § 341Department of Defense State Partnership Program
- § 10010Limitation on assistance to the Sudanese security and intelligence services
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 115-232John S. McCain National Defense Authorization Act for Fiscal Year 2019
- Public Law 116-92National Defense Authorization Act for Fiscal Year 2020
- Public Law 115-91National Defense Authorization Act for Fiscal Year 2018
- Public Law 115-141Consolidated Appropriations Act, 2018
- Public Law 116-93Consolidated Appropriations Act, 2020
- Public Law 115-245Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019
statutes-at-large
- Public Law 115–245Making consolidated appropriations for the Departments of Defense, Labor, Health and Human Services, and Education, and Related Agencies for the fiscal year ending September 30, 2019, and for other purposes
- Public Law 115–141To amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 116–93Making consolidated appropriations for the fiscal year ending September 30, 2020, and for other purposes
- Public Law 115–232To authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 115–91To authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 116–92To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
statute-compilations
- Sec. 9021Funds available for the Afghanistan Security Forces Fund may be used to provide limited training, equipment, and other assistance that would otherwise be prohibited by 10 U.S.C. 362 to a unit of the security forces of Afghanistan only if the Secretary certifies to the congressional defense committees, within 30 days of a decision to provide such assistance, that (1) a denial of such assistance would present significant risk to U.S. or coalition forces or significantly undermine United States national security objectives in Afghanistan; and (2) the Secretary has sought a commitment by the Government of Afghanistan to take all necessary corrective steps: * Provided*, That such certification shall be accompanied by a report describing: (1) the information relating to the gross violation of human rights; (2) the circumstances that necessitated the provision of such assistance; (3) the Afghan security force unit involved; (4) the assistance provided and the assistance withheld; and (5) the corrective steps to be taken by the Government of Afghanistan: * Provided further*, That every 120 days after the initial report an additional report shall be submitted detailing the status of any corrective steps taken by the Government of Afghanistan: * Provided further*, That if the Government of Afghanistan has not initiated necessary corrective steps within one year of the certification, the authority under this section to provide assistance to such unit shall no longer apply: * Provided further*, That the Secretary shall submit a report to such committees detailing the final disposition of the case by the Government of Afghanistan.
- Sec. 9022Funds available for the Afghanistan Security Forces Fund may be used to provide limited training, equipment, and other assistance that would otherwise be prohibited by 10 U.S.C. 362 to a unit of the security forces of Afghanistan only if the Secretary certifies to the congressional defense committees, within 30 days of a decision to provide such assistance, that (1) a denial of such assistance would present significant risk to U.S. or coalition forces or significantly undermine United States national security objectives in Afghanistan; and (2) the Secretary has sought a commitment by the Government of Afghanistan to take all necessary corrective steps: * Provided*, That such certification shall be accompanied by a report describing: (1) the information relating to the gross violation of human rights; (2) the circumstances that necessitated the provision of such assistance; (3) the Afghan security force unit involved; (4) the assistance provided and the assistance withheld; and (5) the corrective steps to be taken by the Government of Afghanistan: * Provided further*, That every 120 days after the initial report an additional report shall be submitted detailing the status of any corrective steps taken by the Government of Afghanistan: * Provided further*, That if the Government of Afghanistan has not initiated necessary corrective steps within one year of the certification, the authority under this section to provide assistance to such unit shall no longer apply: * Provided further*, That the Secretary shall submit a report to such committees detailing the final disposition of the case by the Government of Afghanistan.
- Sec. 8138Amounts appropriated or otherwise made available to the Department of Defense in this Act, may not be obligated or expended for the retirement or divestiture of the RQ-4 Global Hawk Block 30 and Block 40 aircraft: * Provided*, That the Secretary of the Air Force is prohibited from deactivating the corresponding squadrons responsible for the operations of the aforementioned aircraft.
- Sec. 1216HUMAN RIGHTS VETTING OF AFGHAN NATIONAL DEFENSE AND SECURITY FORCES
- Sec. 9022Funds available for the Afghanistan Security Forces Fund may be used to provide limited training, equipment, and other assistance that would otherwise be prohibited by 10 U.S.C. 362 to a unit of the security forces of Afghanistan only if the Secretary certifies to the congressional defense committees, within 30 days of a decision to provide such assistance, that (1) a denial of such assistance would present significant risk to U.S. or coalition forces or significantly undermine United States national security objectives in Afghanistan; and (2) the Secretary has sought a commitment by the Government of Afghanistan to take all necessary corrective steps: * Provided*, That such certification shall be accompanied by a report describing: (1) the information relating to the gross violation of human rights; (2) the circumstances that necessitated the provision of such assistance; (3) the Afghan security force unit involved; (4) the assistance provided and the assistance withheld; and (5) the corrective steps to be taken by the Government of Afghanistan: * Provided further*, That every 120 days after the initial report an additional report shall be submitted detailing the status of any corrective steps taken by the Government of Afghanistan: * Provided further*, That if the Government of Afghanistan has not initiated necessary corrective steps within one year of the certification, the authority under this section to provide assistance to such unit shall no longer apply: * Provided further*, That the Secretary shall submit a report to such committees detailing the final disposition of the case by the Government of Afghanistan.
- Sec. 1204TECHNICAL CORRECTIONS RELATING TO DEFENSE SECURITY COOPERATION STATUTORY REORGANIZATION
- Sec. 1206PLAN TO PROVIDE CONSISTENCY OF ADMINISTRATION OF AUTHORITIES RELATING TO VETTING OF UNITS OF SECURITY FORCES OF FOREIGN COUNTRIES; MODIFICATION OF ASSESSMENT, MONITORING, AND EVALUATION OF SECURITY COOPERATION PROGRAMS AND ACTIVITIES
register
bill
- Sec. 9022
- Sec. 1275Technical corrections relating to defense security cooperation statutory reorganization
- Sec. 1204Technical corrections relating to defense security cooperation statutory reorganization
- Sec. 1275Technical corrections relating to defense security cooperation statutory reorganization
- Sec. 1275Technical corrections relating to defense security cooperation statutory reorganization
- Sec. 9014
- Sec. 9021
- Sec. 9022
- Sec. 9021
- Sec. 9021
- Sec. 9014
- Sec. 9021
- Sec. 9021
- Sec. 9021
- Sec. 9021
- Sec. 9021
- Sec. 9016
- Sec. 9020
- Sec. 9020
- Sec. 9021
- Sec. 9021
- Sec. 9021
- Sec. 8144
Traces to 11 documents
public-private-law
- Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015Public Law 113-291
- National Defense Authorization Act for Fiscal Year 2017Public Law 114-328
- National Defense Authorization Act for Fiscal Year 2020Public Law 116-92
- National Defense Authorization Act for Fiscal Year 2018Public Law 115-91
- John S. McCain National Defense Authorization Act for Fiscal Year 2019Public Law 115-232
U.S. Code
- Renumbered § 362]§ 2249e
- Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights§ 362
- Limitation on assistance to security forces§ 2378d
- Assessment, monitoring, and evaluation of programs and activities§ 383
- Definitions§ 301
- Executive department§ 111
6 references not yet in our index
- 128 Stat. 3531
- 130 Stat. 2509
- 133 Stat. 1622
- 131 Stat. 1650
- 128 Stat. 3533
- 132 Stat. 2017
Citation graph
cites case law
§ 362
Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights
Bills×23
U.S.C.×12
Pub. L.×7
Stat. Comp.×7
Stat.×7
Fed. Reg.×1
Stat.128 Stat. 3531
Stat.130 Stat. 2509
Stat.133 Stat. 1622
Cites 17 · showing 12Cited by 57 across 6 sources