[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S7899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4385. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle G of title XII, add the following:

     SEC. 12__. 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 shall, in 
     consultation with the Secretary of State, 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), by striking the period at the end 
     and inserting ``or violations of the Geneva Conventions of 
     1949, including--
       ``(i) with respect to any unit that receives such support, 
     vetting the unit for violations of human rights;
       ``(ii) providing human rights training to units receiving 
     such support; and
       ``(iii) providing for the investigation of allegations of 
     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.''; and
       (4) by adding at the end the following new subsection:
       ``(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 foreign forces, irregular forces, groups, or 
     individuals if the Secretary of Defense has credible 
     information that the 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, 
     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.''.
                                 ______