USC Subchapter VI

10 U.S.C. § 361 Prohibition on providing financial assistance to terrorist countries

(a) Prohibition.—Funds available to the Department of Defense may not be obligated or expended to provide financial assistance to—(1) any country with respect to which the Secretary of State has made a determination under section 6(j)(1)(A) 11 See References in Text note below. of the Export Administration Act of 1979 (50 U.S.C. 4605(j)(1)(A)); (2) any country identified in the latest report submitted to Congress under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as providing significant support for international terrorism; or (3) any other country that, as determined by the President—(A) grants sanctuary from prosecution to any individual or group that has committed an act of international terrorism; or (B) otherwise supports international terrorism. (b) Waiver.—(1) The President may waive the application of subsection (a) to a country if the President determines—(A) that it is in the national security interests of the United States to do so; or (B) that the waiver should be granted for humanitarian reasons. (2) The President shall—(A) notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives at least 15 days before the waiver takes effect; and (B) publish a notice of the waiver in the Federal Register. (c) Definition.—In this section, the term “international terrorism” has the meaning given that term in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)).

10 U.S.C. § 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.