§ 2378d. Limitation on assistance to security forces
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(a)In general No assistance shall be furnished under this chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.] to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.
(b)Exception The prohibition in subsection
(a)shall not apply if the Secretary determines and reports to the appropriate congressional committees that the government of such country is taking effective steps to bring the responsible members of the security forces unit to justice.
(c)Duty to inform
(1)If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective December 31, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition.
(2)If the recipient government withholds assistance from a unit pursuant to this section, the Secretary shall inform the appropriate congressional committees and shall, to the maximum extent practicable, assist the foreign government in bringing the responsible members of the unit to justice.
(d)Credible information The Secretary shall establish, and periodically update, procedures to—
(1)ensure that for each country the Department of State has a current list of all security force units receiving United States training, equipment, or other types of assistance;
(2)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 human rights by security force units;
(3)routinely request and obtain such information from the Department of Defense, the Central Intelligence Agency, and other United States Government sources;
(4)ensure that such information is evaluated and preserved;
(5)ensure that when an individual is designated to receive United States training, equipment, or other types of assistance the individual’s unit is vetted as well as the individual;
(6)seek to identify the unit involved when credible information of a gross violation exists but the identity of the unit is lacking; and
(7)make publicly available, to the maximum extent practicable, the identity of those units for which no assistance shall be furnished pursuant to subsection (a).
(e)Definitions
(1)For the purposes of subsection (d)(7), the term “to the maximum extent practicable” means that the identity of such units shall be made publicly available unless the Secretary of State, on a case-by-case basis, determines and reports to the appropriate congressional committees that public disclosure is not in the national security interest of the United States and provides a detailed justification for such determination, which may be submitted in classified form.
(2)For the purposes of this section, “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
(Pub. L. 87–195, pt. III, § 620M, formerly § 620J, as added Pub. L. 110–161, div. J, title VI, § 651, Dec. 26, 2007, 121 Stat. 2341; renumbered § 620M and amended Pub. L. 112–74, div. I, title VII, § 7034(k), Dec. 23, 2011, 125 Stat. 1216; Pub. L. 113–76, div. K, title VII, § 7034(l), Jan. 17, 2014, 128 Stat. 515; Pub. L. 117–103, div. K, title VII, § 7035(b)(6), Mar. 15, 2022, 136 Stat. 629.)
Connections208 cite this · traces to 4
Cited by 208 sections · top 60
U.S. Code
- § 1701Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities
- § 362Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights
- § 9808Authorization of appropriations
- § 475Transnational Criminal Investigative Units
- § 2378aDepleted uranium ammunition
- § 10010Limitation on assistance to the Sudanese security and intelligence services
- § 8422Authorization of assistance
- § 10605Safeguards and accountability
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 116-283William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
- Public Law 116-92National Defense Authorization Act for Fiscal Year 2020
- Public Law 117-263James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Public Law 116-94Further Consolidated Appropriations Act, 2020
- Public Law 113-76Consolidated Appropriations Act, 2014
- Public Law 117-103Consolidated Appropriations Act, 2022
- Public Law 118-159Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
- Public Law 116-6Consolidated Appropriations Act, 2019
statute-compilations
- Sec. 7049law enforcement and security
- Sec. 7035law enforcement and security
- Sec. 620MLIMITATION ON ASSISTANCE TO SECURITY FORCES
- Sec. 1270ALIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY AND INTELLIGENCE SERVICES
- Sec. 7105TRANSNATIONAL CRIMINAL INVESTIGATIVE UNIT STIPEND
- Sec. 1722REPORT ON TRANSFERS OF EQUIPMENT TO PROHIBITED ENTITIES
- Sec. 5105SAFEGUARDS AND ACCOUNTABILITY
- Sec. 890CTRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS
- Sec. 1207GLOBAL SECURITY CONTINGENCY FUND
- 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
- Sec. 7035law enforcement and security
- Sec. 7035law enforcement and security
statutes-at-large
- Public Law 117–263To authorize appropriations for fiscal year 2023 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 116–6
- Public Law 117–103Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 112–81To authorize appropriations for fiscal year 2012 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 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 116–94Making further consolidated appropriations for the fiscal year ending September 30, 2020, and for other purposes
- Public Law 116–283To authorize appropriations for fiscal year 2021 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
- Public Law
bill
- Sec. 203Vetting of assistance
- Sec. 401Increased support for the opposition
- Sec. 501Lethal and increased non-lethal support for the vetted opposition
- Sec. 501Lethal and increased non-lethal support for the vetted opposition
- Sec. 2Statement of policy
- Sec. 8Complex Crises Fund
- Sec. 201Maritime security initiative
- Sec. 103Withholding of assistance
- Sec. 7Military cooperation
- Sec. 8Complex Crises Fund
- Sec. 6Leahy vetting report on foreign assistance cases related to the Philippine National Police
- Sec. 10Report on plans for Philippines partner capacity building
- Sec. 8Complex Crises Fund
- Sec. 106Bureau of Democracy, Human Rights, and Labor
- Sec. 106107Bureau of Democracy, Human Rights, and Labor
- Sec. 107Bureau of Democracy, Human Rights, and Labor
- Sec. 922Coordinator for security sector assistance in priority countries
- Sec. 202Coordinator for security assistance in priority countries
- Sec. 8Complex Crises Fund
- Sec. 7049
Traces to 4 documents
U.S. Code
13 references not yet in our index
- Pub. L. 87–195
- Pub. L. 110–161, div. J, title VI, § 651
- 121 Stat. 2341
- Pub. L. 112–74, div. I, title VII, § 7034(k)
- 125 Stat. 1216
- 128 Stat. 515
- 136 Stat. 629
- 75 Stat. 424
- Pub. L. 90–629
- 82 Stat. 1320
- Pub. L. 112–74, § 7034(k)(2)
- Pub. L. 112–74, § 7034(k)(3)
- Pub. L. 112–74, § 7034(k)(4)
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cites case law
§ 2378d
Limitation on assistance to security forces
Bills×160
Pub. L.×12
Stat. Comp.×12
Stat.×12
U.S.C.×9
Fed. Reg.×3
Pub. L.Pub. L. 87–195
Pub. L.Pub. L. 110–161, div. J, title VI, § 651
Stat.121 Stat. 2341
Pub. L.Pub. L. 112–74, div. I, title VII, § 7034(k)
Stat.125 Stat. 1216
Cites 17 · showing 9Cited by 208 across 6 sources