10 USC 362 - Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights

U.S Code last checked for updates: Apr 28, 2024

§ 362.

Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights

(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.)

cite as: 10 USC 362