I 
117TH CONGRESS 
2D SESSION 
H. R. 8333 
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 HOUSE OF REPRESENTATIVES 
JULY 12, 2022 
Ms. JACOBS of California (for herself, Mr. MALINOWSKI, Mr. CROW, and Mr. 
CASTRO of Texas) introduced the following bill; which was referred to the 
Committee on Armed Services 
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 Representa-
tives 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’’. 
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SEC. 2. CONSIDERATION OF HUMAN RIGHTS RECORDS OF 
RECIPIENTS OF SUPPORT OF SPECIAL OPER-
ATIONS 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 Sec-
retary, 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 Con-
ventions of 1949, including—’’; and 
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(ii) by adding at the end the following 
new clauses: 
‘‘(i) vetting units receiving such sup-
port 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 viola-
tions.’’; 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 at-
tempts 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 pro-
vided under this section advances United States 
national security priorities and aligns with 
other United States Government efforts to ad-
dress underlying risk factors of terrorism and 
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violent extremism, including repression, human 
rights abuses, and corruption.’’; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(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 De-
fense determines that— 
‘‘(A) the government of such country has taken 
all necessary corrective steps; or 
‘‘(B) the support is necessary to assist in dis-
aster relief operations or other humanitarian or na-
tional security emergencies. 
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‘‘(k) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to constitute a specific statutory authoriza-
tion for any of the following: 
‘‘(1) The conduct of a covert action, as such 
term is defined in section 503(e) of the National Se-
curity 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 situa-
tions wherein hostilities are clearly indicated by the 
circumstances. 
‘‘(3) The provision of support to regular forces, 
irregular forces, groups, or individuals for the con-
duct of operations that United States Special Oper-
ations Forces are not otherwise legally authorized to 
conduct themselves. 
‘‘(4) The conduct or support of activities, di-
rectly or indirectly, that are inconsistent with the 
laws of armed conflict.’’. 
SEC. 3. CONSIDERATION OF HUMAN RIGHTS RECORDS OF 
RECIPIENTS OF SUPPORT OF SPECIAL OPER-
ATIONS FOR IRREGULAR WARFARE. 
Section 1202 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1639) is amended— 
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(1) in subsection (c)(2), by adding at the end 
of the following new subparagraph: 
‘‘(D) The processes through which the Sec-
retary shall, in consultation with the Secretary 
of State, ensure that prior to a decision to pro-
vide 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 De-
partment of State relating to gross violations of 
human rights by such individuals or units.’’; 
(2) in subsection (d)(2) of such section— 
(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 pro-
vided under this section advances United States 
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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 fol-
lowing new subsection (i): 
‘‘(i) PROHIBITION ON USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), no funds may be used to provide 
support to any individual member or unit of a for-
eign force, irregular force, or group in a foreign 
country if the Secretary of Defense has credible in-
formation that such individual or unit has com-
mitted 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 re-
quired by extraordinary circumstances. 
‘‘(3) EXCEPTION.—The prohibition under para-
graph (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 
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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.’’. 
Æ 
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