§ 2378d. Limitation on assistance to security forces

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2007

   Pub. L. 87–195 · 75 Stat. 424

   Enacted · 22 U.S.C. § 2378d

   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

   Source evidence

   Code source credit
   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

2. 2011

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012

   Pub. L. 112–74 § 7034(k)(2) · 125 Stat. 1216

   1. Substituted · 22 U.S.C. § 2378d(a)

      Pub. L. 112–74, § 7034(k)(2), substituted “information” for “evidence”

   2. Substituted · 22 U.S.C. § 2378d(a)

      Pub. L. 112–74, § 7034(k)(2), substituted “a gross violation” for “gross violations”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–74, § 7034(k)(2), substituted “information” for “evidence” and “a gross violation” for “gross violations”.

   Enacted provision · exact public law section
   (2) in subsection (a), by striking “evidence” and inserting “information” and by striking “gross violations” and inserting “a gross violation”;

3. 2011

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012

   Pub. L. 112–74 § 7034(k)(3) · 125 Stat. 1216

   Substituted · 22 U.S.C. § 2378d(b)

   Pub. L. 112–74, § 7034(k)(3), substituted “steps” for “measures”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 112–74, § 7034(k)(3), substituted “steps” for “measures”.

   Enacted provision · exact public law section
   (3) in subsection (b), by striking “measures” and inserting “steps”; and

4. 2011

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012

   Pub. L. 112–74 § 7034(k)(4) · 125 Stat. 1216

   Added · 22 U.S.C. § 2378d(d)

   Pub. L. 112–74, § 7034(k)(4), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 112–74, § 7034(k)(4), added subsec. (d).

   Enacted provision · exact public law section
   (4) by adding the following subsection: “(d) Credible Information.— The Procedures. 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 vetting an individual for eligibility to receive United States training the individual’s unit is also vetted; “(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).” .

5. 2014

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014

   Pub. L. 113–76 div. K title VII § 7034 · 128 Stat. 5

   Substituted · 22 U.S.C. § 2378d(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;”

   Source evidence

   Code amendment note
   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;”.

   Enacted provision · exact public law section
   Sec. 7034. special provisions (a) Victims of War, Displaced Children, and Displaced Burmese.— Funds appropriated in titles III and VI of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking, may be made available notwithstanding any other provision of law. (b) Reconstituting Civilian Police Authority.— In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. (c) World Food Program.— Funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development (USAID), from this or any other Act, may be made available as a general contribution to the World Food Program, notwithstanding any other provision of law. (d) Disarmament, Demobilization and Reintegration.— Notwithstanding any other provision of law, regulation or Executive order, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Economic Support Fund”, “Peacekeeping Operations”, “International Disaster Assistance”, “Complex Crises Fund”, and “Transition Initiatives” may be made available to support programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organizations: Provided, That the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection: Provided further, That for the purposes of this subsection the term “foreign terrorist organization” means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. (e) Research and Training.— Funds appropriated by this Act under the heading “Economic Support Fund” may be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501–4508). (f) Partner Vetting.— Funds appropriated in this Act or any prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be used by the Secretary of State and the USAID Administrator, as appropriate, to support the continued implementation of the Partner Vetting System (PVS) pilot program: Provided, That the Secretary of State and the USAID Administrator shall jointly submit a report to the Committees on Appropriations, not later than 30 days after completion of the pilot program, on the estimated timeline and criteria for evaluating the PVS for expansion: Provided further, That such report shall include the requirements under this subsection in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That such report may be delivered in classified form, if necessary. (g) Contingencies.— During fiscal year 2014, the President may use up to $100,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. (h) International Child Abductions.— The Secretary of State may withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided, That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection. (i) Reports Repealed.— Section 585 in the matter under section 101(c) of Division A of Public Law 104–208, Omnibus Consolidated Appropriations Act, 1997; and subsection (g)(3) of section 7081 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (Division F of Public Law 111–117) 22 USC 2656 note, 7909. are hereby repealed. (j) Transfers for Extraordinary Protection.— The Secretary of State may transfer to, and merge with, funds under the heading “Protection of Foreign Missions and Officials” unobligated balances of expired funds appropriated under the heading “Diplomatic and Consular Programs” for fiscal year 2014, except for funds designated for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, at no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated. (k) Protections and Remedies for Employees of Diplomatic Missions and International Organizations.— The Secretary of State shall implement section 203(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457): Provided, That in determining whether to suspend the issuance of A–3 or G–5 visas under such section, the Secretary should consider the following as “credible evidence”: (1) a final court judgment (including a default judgment) issued against a current or former employee of such mission or organization (for which the time period for appeal has expired); (2) the issuance of a T-visa to the victim; or (3) a request by the Department of State to the sending state that immunity of individual diplomats or family members be waived to permit criminal prosecution: Provided further, That the Secretary should assist in obtaining payment of final court judgments awarded to A–3 and G–5 visa holders, including encouraging the sending states to provide compensation directly to victims: Provided further, That the Secretary shall include in the Trafficking in Persons annual report a concise summary of each trafficking case involving an A–3 or G–5 visa holder which meets one or more of the items in the first proviso of this subsection. (l) Modification of Amendment.— Section 620M of the Foreign Assistance Act of 1961 22 USC 2378d. (Limitation on Assistance to Security Forces) is amended in subsection (d)(5) by striking everything after “when” and inserting in lieu thereof “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;”. (m) Extension of Authorities.— (1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting “September 30, 2014” for “September 30, 2010”. (2) The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect for facilities in Afghanistan through September 30, 2014, except that the notification and reporting requirements contained in such section shall include the Committees on Appropriations. (3) The authority contained in section 1115(d) of Public Law 111–32 shall remain in effect through September 30, 2014. (4) Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) shall be applied by substituting “September 30, 2014” for “October 1, 2010” in paragraph (2). (5) Section 61(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting “September 30, 2014” for “October 1, 2010” in paragraph (2). (6) Section 625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by substituting “September 30, 2014” for “October 1, 2010” in subparagraph (B). (7) (A) Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 1904) shall remain in effect through September 30, 2014. (B) The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. (8) The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended— (A) In section 599D (8 U.S.C. 1157 note)— (i) in subsection (b)(3), by striking “and 2013” and inserting “2013, and 2014”; and (ii) in subsection (e), by striking “2013” each place it appears and inserting “2014”; and (B) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking “2013” and inserting “2014”. (9) The authorities provided in section 1015(b) of Public Law 111–212 shall remain in effect through September 30, 2014. (n) Crowd Control Items.— Funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing democratic transition. (o) Extension of Protection for Afghan Allies.— Section 602(b) of Public Law 111–8 8 USC 1101 note. is amended by adding at the end of subsection 602(b)(3)(C): “(D) Additional fiscal year.— For fiscal year 2014, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 3,000, except that any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal year 2014 may be carried forward and provided through the end of fiscal year 2015, notwithstanding the provisions of paragraph (C), except that the one year period during which an alien must have been employed in accordance with subsection (b)(2)(A)(ii) shall be the period from October 7, 2001 through December 31, 2014, and except that the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(2)(D) no later than September 30, 2014.” . (p) Department of State Working Capital Fund.— Funds appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund may only be used for the activities and in the amounts allowed in the President’s fiscal year 2014 budget: Provided, That Federal agency components shall be charged only for their direct usage of each Working Capital Fund service: Provided further, That Federal agency components may only pay for Working Capital Fund services that are consistent with the component’s purpose and authorities: Provided further, That the Working Capital Fund shall be paid in advance or reimbursed at rates which will return the full cost of each service: Provided further, That the Working Capital Fund shall be subject to the requirements of section 7015 of this Act. (q) Property Management.— Section 585(a) of Public Law 101–513 22 USC 2396a. is amended by inserting “and for maintenance” after “of that Act”. (r) Evaluations of Assistance.— Funds appropriated by this Act that are available for monitoring and evaluation of assistance funded under the headings “International Disaster Assistance” and “Migration and Refugee Assistance” should be made available for the independent and systematic collection and reporting of information obtained directly from beneficiaries of such assistance regarding the quality and utility of such assistance, for the purpose of maximizing its cost effectiveness: Provided, That the Department of State and USAID, as appropriate, shall post summaries of such information on their Web sites. (s) HIV/AIDS Working Capital Fund.— Funds available in the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (Public Law 108–477) may be made available for pharmaceuticals and other products for child survival, malaria, and tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other products, subject to the terms and conditions in such section: Provided, That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (Public Law 108–477) shall be exercised by the Assistant Administrator for Global Health, USAID, with respect to funds deposited for such non-HIV/AIDS pharmaceuticals and other products, and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall include in the congressional budget justification an accounting of budgetary resources, disbursements, balances, and reimbursements related to such fund. (t) Definitions.— (1) Unless otherwise defined in this Act, for purposes of this Act the term “appropriate congressional committees” shall mean the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives. (2) Unless otherwise defined in this Act, for purposes of this Act the term “funds appropriated in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs” shall mean funds that remain available for obligation, and have not expired.

6. 2022

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022

   Pub. L. 117–103 § 7035(b)(6)(A) · 136 Stat. 49

   Substituted · 22 U.S.C. § 2378d(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (A) In subsection (b), by striking “Committee on Foreign Relations” through “Appropriations” and inserting in lieu thereof “appropriate congressional committees”.

7. 2022

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022

   Pub. L. 117–103 § 7035(b)(6)(B) · 136 Stat. 49

   1. Added · 22 U.S.C. § 2378d(c)

      Pub. L. 117–103, § 7035(b)(6)(B), added pars. (1) and (2)

   2. Struck · 22 U.S.C. § 2378d(c)

      Pub. L. 117–103, § 7035(b)(6)(B), 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (B) In subsection (c), by striking everything after “Duty to Inform.—” and inserting— “(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.” .

8. 2022

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022

   Pub. L. 117–103 § 7035(b)(6)(C) · 136 Stat. 49

   Added · 22 U.S.C. § 2378d(e)

   Pub. L. 117–103, § 7035(b)(6)(C), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 117–103, § 7035(b)(6)(C), added subsec. (e).

   Enacted provision · exact public law section
   (C) After subsection (d), by inserting the following new subsection: “(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.” .

9 of 10 references resolved to an enrolled provision · 1 partial