[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4044 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4044

To amend title 10, United States Code, to provide for the consideration 
    of the human rights records of recipients of support of special 
        operations to combat terrorism, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2024

 Mr. Van Hollen (for himself and Mr. Durbin) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide for the consideration 
    of the human rights records of recipients of support of special 
        operations to combat terrorism, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Upholding Human Rights Abroad Act''.

SEC. 2. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF SUPPORT 
              OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE.

     Section 127d of title 10, United States Code, is amended--
            (1) in subsection (c)(2), by adding at the end of the 
        following new subparagraph:
                    ``(F) The processes through which the Secretary 
                shall, in consultation with the Secretary of State, 
                ensure that prior to a decision to provide support to 
                individual members or units of foreign forces, 
                irregular forces, or groups in a foreign country full 
                consideration is given to any credible information 
                available to the Department of State relating to gross 
                violations of human rights by such individuals or 
                units.'';
            (2) in subsection (g)(2)--
                    (A) by redesignating subparagraph (F) as 
                subparagraph (G); and
                    (B) by inserting after subparagraph (E) the 
                following new subparagraph (F):
                    ``(F) A description of the human rights record of 
                the recipient, including for purposes of section 362 of 
                this title, and any relevant attempts by such recipient 
                to remedy such record.'';
            (3) in subsection (i)(3), by adding at the end the 
        following new subparagraph:
                    ``(I) An assessment of how support provided under 
                this section advances United States national security 
                priorities and aligns with other United States 
                Government interests in countries in which activities 
                under the authority in this section are ongoing.'';
            (4) by redesignating subsection (k) as subsection (l); and
            (5) by inserting after subsection (j) the following new 
        subsection (k):
    ``(i) Prohibition on Use of Funds.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), no funds may be used to provide support to any individual 
        member or unit of a foreign force, irregular force, or group in 
        a foreign country if the Secretary of Defense has credible 
        information that such individual or unit has committed a gross 
        violation of human rights.
            ``(2) Waiver authority.--The Secretary of Defense, after 
        consultation with the Secretary of State, may waive the 
        prohibition under paragraph (1) if the Secretary determines 
        that the waiver is required by extraordinary circumstances.
            ``(3) Exception.--The prohibition under paragraph (1) shall 
        not apply with respect to individual members or units of such 
        foreign forces, irregular forces, or groups if the Secretary of 
        Defense, after consultation with the Secretary of State, 
        determines that--
                    ``(A) the government of such country has taken all 
                necessary corrective steps; or
                    ``(B) the support is necessary to assist in 
                disaster relief operations or other humanitarian or 
                national security emergencies.''.

SEC. 3. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF SUPPORT 
              OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

    Section 127e of title 10, United States Code, is amended--
            (1) in subsection (c)(2), by adding at the end of the 
        following new subparagraph--
                    ``(D) The processes through which the Secretary, in 
                consultation with the Secretary of State, shall ensure 
                that, prior to a decision to provide any support to 
                foreign forces, irregular forces, groups, or 
                individuals, full consideration is given to any 
                credible information available to the Department of 
                State relating to violations of human rights by such 
                entities.'';
            (2) in subsection (d)(2)--
                    (A) in subparagraph (H), by inserting ``, including 
                the promotion of good governance and rule of law and 
                the protection of civilians and human rights'' before 
                the period at the end;
                    (B) in subparagraph (I)--
                            (i) by striking the period at the end and 
                        inserting ``or violations of the laws of armed 
                        conflict, including the Geneva Conventions of 
                        1949, including--''; and
                            (ii) by adding at the end the following new 
                        clauses:
                            ``(i) vetting units receiving such support 
                        for violations of human rights;
                            ``(ii) providing human rights training to 
                        units receiving such support; and
                            ``(iii) providing for the investigation of 
                        allegations of gross violations of human rights 
                        and termination of such support in cases of 
                        credible information of such violations.''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(J) A description of the human rights record of 
                the recipient, including for purposes of section 362 of 
                this title, and any relevant attempts by such recipient 
                to remedy such record.'';
            (3) in subsection (i)(3), by adding at the end the 
        following new subparagraph:
                    ``(I) An assessment of how support provided under 
                this section advances United States national security 
                priorities and aligns with other United States 
                Government efforts to address underlying risk factors 
                of terrorism and violent extremism, including 
                repression, human rights abuses, and corruption.''; and
            (4) by adding at the end the following new subsections:
    ``(j) Prohibition on Use of Funds.--(1) Except as provided in 
paragraphs (2) and (3), no funds may be used to provide support to any 
individual member or unit of a foreign force, irregular force, or group 
in a foreign country if the Secretary of Defense has credible 
information that such individual or unit has committed a gross 
violation of human rights.
    ``(2) The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition under paragraph (1) if 
the Secretary determines that the waiver is required by extraordinary 
circumstances.
    ``(3) The prohibition under paragraph (1) shall not apply with 
respect to the foreign forces, irregular forces, groups, or individuals 
of a country if the Secretary of Defense determines that--
            ``(A) the government of such country has taken all 
        necessary corrective steps; or
            ``(B) the support is necessary to assist in disaster relief 
        operations or other humanitarian or national security 
        emergencies.
    ``(k) Savings Clause.--Nothing in this section shall be construed 
to constitute a specific statutory authorization for any of the 
following:
            ``(1) The conduct of a covert action, as such term is 
        defined in section 503(e) of the National Security Act of 1947 
        (50 U.S.C. 3093(e)).
            ``(2) The introduction of United States armed forces, 
        within the meaning of section 5(b) of the War Powers 
        Resolution, into hostilities or into situations wherein 
        hostilities are clearly indicated by the circumstances.
            ``(3) The provision of support to regular forces, irregular 
        forces, groups, or individuals for the conduct of operations 
        that United States Special Operations Forces are not otherwise 
        legally authorized to conduct themselves.
            ``(4) The conduct or support of activities, directly or 
        indirectly, that are inconsistent with the laws of armed 
        conflict.''.
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