[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5871-S5872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6344. Mr. VAN HOLLEN (for himself, Mr. Leahy, Ms. Warren, Mr.
Blumenthal, and Mr. Durbin) submitted an amendment intended to be
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to
authorize appropriations for fiscal year 2023 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 A of title XII, add the following:
SEC. 1214. UPHOLDING HUMAN RIGHTS ABROAD.
(a) 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 of Defense,
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).
[[Page S5872]]
``(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.''.
(b) Consideration of Human Rights Records of Recipients of
Support of Special Operations for Irregular Warfare.--Section
1202 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended--
(1) in subsection (c)(2), by adding at the end of the
following new subparagraph:
``(D) The processes through which the Secretary of Defense
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 (d)(2)--
(A) by redesignating subparagraph (G) as subparagraph (H);
and
(B) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) A description of the human rights record of the
recipient, including for purposes of section 362 of title 10,
United States Code, and any relevant attempts by such
recipient to remedy such record.'';
(3) in subsection (h)(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 (i) as subsection (j); and
(5) by inserting after subsection (h) the following new
subsection (i):
``(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.''.
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