§2378d Limitation on assistance to security forces

Summary

The Secretary of State must not give U.S. aid, training, equipment, or weapons to any unit of a foreign country’s security forces if there is credible information that the unit committed serious human rights violations. That ban can be lifted only if the Secretary says, and tells the listed congressional committees, that the foreign government is taking effective steps to bring the people responsible to justice. If U.S. aid is sent in a way that the exact recipient unit is not known beforehand, the Secretary must regularly give the foreign government and the congressional committees a list of units that are barred, and, effective December 31, 2022, such aid can only be given if the recipient country signs a written agreement to follow the ban. If a foreign government refuses to give aid to a barred unit, the Secretary must tell the congressional committees and try, as much as possible, to help bring the guilty members to justice. The Secretary must keep and update procedures to track which units get U.S. help; collect and keep reports from outside groups and U.S. agencies; vet units as well as individuals; try to identify units when identity is unclear; and, when possible, publish the names of units that may not receive assistance. “To the maximum extent practicable” means names should be public unless the Secretary reports to the congressional committees that disclosure would harm U.S. national security and gives a detailed justification, which can be classified. “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.