Enhancing Human Rights Oversight in Security Force Aid: Eliminating the 127e Loophole
In July 2022, Representative Sara Jacobs and Senator Chris Van Hollen proposed an amendment to the National Defense Authorization Act (NDAA) for fiscal year 2023. The proposed amendment aimed to require human rights vetting for assistance provided by US special operations forces under Section 127e of Title 10, US Code.
However, a search of recent legislative records and news articles as of August 2025 has not yielded any results indicating the introduction or advancement of such an amendment. If the amendment exists, it has not been publicly reported or recorded in legislative tracking.
The proposed amendment intended to close a loophole in the Department of Defense's (DoD) human rights vetting, following the DoD's unilateral determination that the strictures for human rights vetting do not apply to assistance provided under Section 127e.
Sarah Harrison, a senior analyst in the US Program at the International Crisis Group, has extensive experience in this area. Prior to joining Crisis Group, she served for more than four years as associate general counsel at the Department of Defense's Office of the General Counsel, International Affairs. Harrison has also worked for the International Committee of the Red Cross, the White House Office of Legislative Affairs, Human Rights First, and the American Civil Liberties Union.
It is important to note that the information in this article has been provided by third parties since the author's departure from the Department of Defense. The views expressed are not reflective of the official position of the United States Military Academy, Department of the Army, or Department of Defense.
For more information on irregular warfare, visit irregularwarfare.org.
Image credit for this article goes to Sgt. 1st Class Whitney Hughes, National Guard Bureau.
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- The July 2022 proposal by Representative Sara Jacobs and Senator Chris Van Hollen for an amendment in the National Defense Authorization Act (NDAA) for fiscal year 2023, aiming to enforce human rights vetting for US special operations forces under Section 127e of Title 10, US Code, has not been taken up publicly, despite an extensive search of legislative records and news articles as of August 2025.
- The proposed amendment aimed to address a loophole in the Department of Defense's (DoD) human rights vetting, which registered as a concern, following the DoD's unilateral determination that the strictures for human rights vetting do not apply to assistance provided under Section 127e.
- Sarah Harrison, a senior analyst at the International Crisis Group, with experience in the US Department of Defense, International Committee of the Red Cross, White House Office of Legislative Affairs, Human Rights First, and the American Civil Liberties Union, has been extensively involved in this area.
- The views on the proposed amendment in this article are not reflective of the official position of the United States Military Academy, Department of the Army, or Department of Defense, as the information has been provided by third parties since the author's departure from the Department of Defense.
