[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7774 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7774
To amend title 10, United States Code, to make certain improvements in
the laws administered by the Secretary of Defense relating to the
consideration of the human rights records of recipients of certain
support, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2024
Ms. Jacobs introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to make certain improvements in
the laws administered by the Secretary of Defense relating to the
consideration of the human rights records of recipients of certain
support, 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 of
2024''.
SEC. 2. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF CERTAIN
SUPPORT.
(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, 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, 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).
``(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 127d of title
10, United States Code, is amended--
(1) in subsection (c)(2), by striking subparagraph (D) and
inserting the following new subparagraph (D):
``(D) 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) of such section--
(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):
``(k) 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 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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