
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2420]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part III--Miscellaneous Provisions
 
Sec. 2420. Police training prohibition


(a) Effective date of prohibition

    On and after July 1, 1975, none of the funds made available to carry 
out this chapter, and none of the local currencies generated under this 
chapter, shall be used to provide training or advice, or provide any 
financial support, for police, prisons, or other law enforcement forces 
for any foreign government or any program of internal intelligence or 
surveillance on behalf of any foreign government within the United 
States or abroad.

(b) Exception; qualification

    Subsection (a) of this section shall not apply--
        (1) with respect to assistance rendered under section 3763(c) 
    \1\ of title 42, with respect to any authority of the Drug 
    Enforcement Administration or the Federal Bureau of Investigation 
    which relates to crimes of the nature which are unlawful under the 
    laws of the United States, or with respect to assistance authorized 
    under section 2291a of this title;
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    \1\ See References in Text note below.
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        (2) to any contract entered into prior to December 30, 1974, 
    with any person, organization, or agency of the United States 
    Government to provide personnel to conduct, or assist in conducting, 
    any such program;
        (3) with respect to assistance, including training, in maritime 
    law enforcement and other maritime skills;
        (4) with respect to assistance provided to police forces in 
    connection with their participation in the regional security system 
    of the Eastern Caribbean states; or \2\
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    \2\ So in original. The word ``or'' probably should appear at end of 
par. (6).
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        (5) with respect to assistance, including training, relating to 
    sanctions monitoring and enforcement;
        (6) with respect to assistance provided to reconstitute civilian 
    police authority and capability in the post-conflict restoration of 
    host nation infrastructure for the purposes of supporting a nation 
    emerging from instability, and the provision of professional public 
    safety training, to include training in internationally recognized 
    standards of human rights, the rule of law, anti-corruption, and the 
    promotion of civilian police roles that support democracy;
        (7) with respect to assistance provided to customs authorities 
    and personnel, including training, technical assistance and 
    equipment, for customs law enforcement and the improvement of 
    customs laws, systems and procedures.

Notwithstanding clause (2), subsection (a) of this section shall apply 
to any renewal or extension of any contract referred to in such 
paragraph entered into on or after December 30, 1974.

(c) Country with longstanding democratic tradition, etc.

    Subsection (a) of this section shall not apply with respect to a 
country which has a longstanding democratic tradition, does not have 
standing armed forces, and does not engage in a consistent pattern of 
gross violations of internationally recognized human rights.

(d) Assistance to Honduras or El Salvador

    Notwithstanding the prohibition contained in subsection (a) of this 
section assistance may be provided to Honduras or El Salvador for fiscal 
years 1986 and 1987 if, at least 30 days before providing assistance, 
the President notifies the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the Senate, in 
accordance with the procedures applicable to reprogramming notifications 
pursuant to section 2394-1 of this title, that he has determined that 
the government of the recipient country has made significant progress, 
during the preceding six months, in eliminating any human rights 
violations including torture, incommunicado detention, detention of 
persons solely for the nonviolent expression of their political views, 
or prolonged detention without trial. Any such notification shall 
include a full description of the assistance which is proposed to be 
provided and of the purposes to which it is to be directed.

(Pub. L. 87-195, pt. III, Sec. 660, as added Pub. L. 93-559, Sec. 30(a), 
Dec. 30, 1974, 88 Stat. 1803; amended Pub. L. 99-83, title I, 
Sec. 127(b), title VII, Sec. 711, Aug. 8, 1985, 99 Stat. 205, 243; Pub. 
L. 101-513, title V, Sec. 594, Nov. 5, 1990, 104 Stat. 2060; Pub. L. 
104-107, title V, Sec. 540A(d), Feb. 12, 1996, 110 Stat. 737; Pub. L. 
106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 574], Nov. 29, 1999, 113 
Stat. 1535, 1501A-111.)

                       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, as amended, 
known as the Foreign Assistance Act of 1961. For complete classification 
of this Act to the Code, see Short Title note set out under section 2151 
of this title and Tables.
    Section 3763(c) of title 42, referred to in subsec. (b)(1), was in 
the original section 515(c) of the Omnibus Crime Control and Safe 
Streets Act of 1968 [title I of Pub. L. 90-351, June 19, 1968, 82 Stat. 
207]. Section 515 was omitted in the general revision of title I of Pub. 
L. 90-351 by Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1167.


                               Amendments

    1999--Subsec. (b)(7). Pub. L. 106-113 added par. (7).
    1996--Subsec. (b)(5), (6). Pub. L. 104-107 added pars. (5) and (6).
    1990--Subsec. (b)(4). Pub. L. 101-513, which directed the amendment 
of this section by adding par. (4) at ``the end of the subsection'', was 
executed by adding par. (4) after par. (3) in subsec. (b) to reflect the 
probable intent of Congress.
    1985--Subsec. (b)(3). Pub. L. 99-83, Sec. 127(b), added par. (3).
    Subsecs. (c), (d). Pub. L. 99-83, Sec. 711, added subsecs. (c) and 
(d).

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.


 Exemption of Narcotics-Related Military Assistance for Specific Fiscal 
    Years From Prohibition on Assistance for Law Enforcement Agencies

    Pub. L. 103-447, title I, Sec. 104, Nov. 2, 1994, 108 Stat. 4694, 
provided that:
    ``(a) Exemption.--For fiscal year 1995, section 660 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect 
to--
        ``(1) transfers of excess defense articles under section 517 of 
    that Act (22 U.S.C. 2321k);
        ``(2) funds made available for the `Foreign Military Financing 
    Program' under section 23 of the Arms Export Control Act (22 U.S.C. 
    2763) that are used for assistance provided for narcotics-related 
    purposes; or
        ``(3) international military education and training under 
    chapter 5 of part II of the Foreign Assistance Act of 1961 (22 
    U.S.C. 2347 and following) that is provided for narcotics-related 
    purposes.
    ``(b) Notification to Congress.--At least 15 days before any 
transfer under subsection (a)(1) or any obligation of funds under 
subsection (a)(2) or (a)(3), the President shall notify the appropriate 
congressional committees (as defined in section 481(e) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291(e))[)] in accordance with the 
procedures applicable to reprogramming notifications under section 634A 
of that Act (22 U.S.C. 2394) [22 U.S.C. 2394-1].
    ``(c) Coordination With International Narcotics Control Assistance 
Program.--Assistance provided pursuant to this section shall be 
coordinated with international narcotics control assistance under 
chapter 8 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291 et seq.).''
    Pub. L. 102-583, Sec. 7, Nov. 2, 1992, 106 Stat. 4933, provided for 
exemption of narcotics-related military assistance for fiscal years 1993 
and 1994 from prohibition on assistance for law enforcement agencies, 
prior to repeal by Pub. L. 103-447, title I, Sec. 103(a), Nov. 2, 1994, 
108 Stat. 4693.

   Assistance to Public Security Forces of El Salvador; Delegation of 
                                Functions

    Determination of the President of the United States, No. 86-2, Oct. 
29, 1985, 50 F.R. 48073, provided:
    Memorandum for the Honorable George P. Shultz, the Secretary of 
State
    Pursuant to Section 660(d) of the Foreign Assistance Act of 1961, as 
amended [22 U.S.C. 2420(d)], I hereby determine that the Government of 
El Salvador has made significant progress, during the six month period 
preceding this determination, in eliminating any human rights violations 
including torture, incommunicado detention, detention of persons solely 
for the non-violent expression of their political views, or prolonged 
detention without trial.
    You are requested to report this determination to the Congress 
immediately, together with a full description of the assistance to be 
provided and of the purposes to which it is to be directed. None of the 
assistance so provided shall be furnished until 30 days after such a 
report has been made, as required by law.
    I hereby delegate to the Secretary of State authority to make such 
determinations and reports as called for in the future under Section 
660(d).
    This determination shall be published in the Federal Register.
                                                          Ronald Reagan.

                  Section Referred to in Other Sections

    This section is referred to in sections 2151q, 2346c, 2398 of this 
title.
