[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.''.
                                 ______