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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
Federal law — U.S. Code and appendices · legal_authorities
**(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 commi
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Source location: Title 10, Chapter 16, § 362; chapter-016-security-cooperation.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No assistance shall be furnished under this chapter or the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) 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) Exception** 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) Duty to inform**
(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) Credible information** 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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2378d
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Defense is an executive department of the United States.
**(b)** The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
**(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Enter Into International Exchange Agreements.—**
(1) The Secretary of Defense may enter into international defense personnel exchange agreements. Any exchange of personnel under such an agreement is subject to paragraph (3).
(2) For purposes of this section, an international defense personnel exchange agreement is an agreement with the government of a friendly foreign country or international or regional security organization for the reciprocal or non-reciprocal exchange of—
(A) members of the armed forces and civilian personnel of the Department of Defense; and
(B) military and civilian personnel of the defense or security ministry of that foreign government or international or regional security organization.
(3) An exchange of personnel under an international defense personnel exchange agreement under this section may only be made with the concurrence of the Secretary of State to the extent the exchange is with either of the following:
(A) A non-defense security ministry of a foreign government.
(B) An international or regional security organization.
**(b) Assignment of Personnel.—**
(1) Pursuant to an international defense personnel exchange agreement, personnel of the defense ministry of a foreign government may be assigned to positions in the Department of Defense and personnel of the Department of Defense may be assigned to positions in the defense ministry of such foreign government. Positions to which exchanged personnel are assigned may include positions of instructors.
(2) An agreement for the exchange of personnel engaged in research and development activities may provide for assignment of Department of Defense personnel to positions in private industry that support the defense ministry of the host foreign government, subj
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 311
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense is authorized to conduct or support a program or programs to provide training and equipment to the national security forces of one or more foreign countries for the purpose of building the capacity of such forces to conduct one or more of the following:
(1) Counterterrorism operations.
(2) Counter-weapons of mass destruction operations.
(3) Counter-illicit drug trafficking operations.
(4) Counter-transnational organized crime operations.
(5) Maritime and border security operations.
(6) Military intelligence operations.
(7) Air domain awareness operations.
(8) Operations or activities that contribute to an existing international coalition operation that is determined by the Secretary to be in the national interest of the United States.
(9) Cyberspace security and defensive cyberspace operations.
**(b) Concurrence and Coordination With Secretary of State.—**
(1) **Concurrence in conduct of programs.—** — The concurrence of the Secretary of State is required to conduct or support any program authorized by subsection (a).
(2) **Joint development and planning of programs.—** — The Secretary of Defense and the Secretary of State shall jointly develop and plan any program carried out pursuant to subsection (a). In developing and planning a program to build the capacity of the national security forces of a foreign country under subsection (a), the Secretary of Defense and Secretary of State should jointly consider political, social, economic, diplomatic, and historical factors, if any, of the foreign country that may impact the effectiveness of the program.
(3) **Implementation of programs.—** — The Secretary of Defense and the Secretary of State shall coordinate the implementation of any program under subsection (a). Th
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 333
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—**
(1) **In general.—** — The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to establish a program of activities described in paragraph (2), to support the security cooperation objectives of the United States, between members of the National Guard of a State or territory and any of the following:
(A) The military forces of a foreign country.
(B) The security forces of a foreign country.
(C) Governmental organizations of a foreign country whose primary functions include disaster response or emergency response.
(2) **State partnership.—** — Each program established under this subsection shall be known as a “State Partnership”.
**(b) Limitations.—**
(1) **In general.—** — An activity with forces referred to in subsection (a)(1)(B) or organizations described in subsection (a)(1)(C) under a program established under subsection (a) may be carried out only if the Secretary of Defense, with the concurrence of the Secretary of State, determines and notifies the appropriate congressional committees not less than 15 days before initiating such activity that the activity is in the national security interests of the United States.
(2) **Prohibition on activities with units that have committed gross violations of human rights.—** — The conduct of any assistance activities under a program established under subsection (a) shall be subject to the provisions of [section 362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section362&num=0&edition=prelim).
**(c) Coordination of Activities.—** The Chief of the National Guard Bureau shall designate a director for each State and territory to be responsible for the coordination of activities under a program established under subsection (a)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 341
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President may not provide assistance (other than assistance authorized under [section 10005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section10005&num=0&edition=prelim)) to the Sudanese security and intelligence services until the President submits to Congress a certification that the Government of Sudan has met the conditions described in subsection (c).
**(b) Exception; waiver**
(1) **Exception** — The Secretary of State may, as appropriate and notwithstanding any other provision of law, provide assistance for the purpose of professionalizing the Sudanese security and intelligence services, through institutions such as the Africa Center for Strategic Studies and the United States Institute of Peace.
(2) **Waiver** — The President may waive the limitation on the provision of assistance under subsection (a) if, not later than 30 days before the assistance is to be provided, the President submits to the appropriate congressional committees—
(A) a list of the activities and participants to which such waiver would apply;
(B) a justification that the waiver is in the national security interest of the United States; and
(C) a certification that the participants have met the requirements of either [section 2378d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2378d&num=0&edition=prelim) for programs funded through Department of State appropriations or [section 362 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section362&num=0&edition=prelim) for programs funded through Department of Defense appropriations.
**(c) Conditions**
(1) **In general** — The conditions described in this subsection are that the Sudanese security a
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 10010
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
**(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
Page 401
TITLE 10—ARMED FORCES
§ 362
1 See References in Text note below.
§ 361. Prohibition on providing financial assist-
ance to terrorist countries
(a) PROHIBITION.—Funds available to the De-
partment of Defense may not be obligated or ex-
pended 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) 1 of the Export Admin-
istration Act of 1979 (50 U.S.C. 4605(j)(1)(A));
(2) any country identified in the latest re-
port 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 ter-
rorism.
(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 inter-
ests of the United States to do so; or
(B) that the waiver should be granted for hu-
manitarian 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 Serv-
ices and the Committee on International Rela-
tions of the House of Representatives at least
15 days before the waiver takes effect; and
(B) publish a notice of the waiver in the Fed-
eral 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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 362
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