§2378d — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The United States must not give training, equipment, or other help under this law or the Arms Export Control Act to any unit of a foreign country's security forces if the Secretary of State has credible information that the unit committed a serious human-rights abuse. The ban can be lifted only if the Secretary reports to Congress that the foreign government is taking effective steps to bring the responsible members to justice. When help is sent without identifying the exact unit first, the Secretary must regularly give the recipient government and the named congressional committees a list of units that are barred. Effective December 31, 2022, that kind of help can be given only if the recipient signs a written agreement to follow the ban. If the recipient government withholds help from a barred unit, the Secretary must tell Congress and try to help bring those responsible to justice. The Secretary must also keep updated lists of units getting U.S. help, collect and preserve reports of abuses from outside and U.S. agencies, vet units as well as people, try to identify unknown units, and, when possible, make the banned units’ identities public unless disclosure would harm U.S. national security (with a report to the Committees on Foreign Relations and Appropriations of the Senate, and the Committees on Foreign Affairs and Appropriations of the House).

Title 22, §2378d

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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)(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)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)(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see

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note set out under section 2151 of this title and Tables. The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 2751 of this title and Tables.

Amendments

2022—Subsec. (b). Pub. L. 117–103, § 7035(b)(6)(A), substituted “appropriate congressional committees” for “Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations”. Subsec. (c). Pub. L. 117–103, § 7035(b)(6)(B), added pars. (1) and (2) and struck out text of former subsec. (c) which read as follows: “In the event that funds are withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice.” Subsec. (e). Pub. L. 117–103, § 7035(b)(6)(C), added subsec. (e). 2014—Subsec. (d)(5). Pub. L. 113–76 substituted “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;” for “when vetting an individual for eligibility to receive United States training the individual’s unit is also vetted;”. 2011—Subsec. (a). Pub. L. 112–74, § 7034(k)(2), substituted “information” for “evidence” and “a gross violation” for “gross violations”. Subsec. (b). Pub. L. 112–74, § 7034(k)(3), substituted “steps” for “measures”. Subsec. (d). Pub. L. 112–74, § 7034(k)(4), added subsec. (d).

§2378d Limitation on Assistance to Security Forces

Summary

Title 22, §2378d

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

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