Advancing Human Rights-Centered International Conservation Act of 2022
This bill requires the U.S. Fish and Wildlife Service (USFWS) to take actions to ensure that the international financial assistance it provides does not go to any foreign security force unit (e.g., a military or paramilitary unit) where there is a reasonable belief that the unit has committed a gross violation of internationally recognized human rights.
The USFWS must conduct risk analysis to ensure that a recipient (or subrecipient) of a grant does not fund or support any such unit. The prohibition against providing funding to such a unit shall not apply if the applicable government is taking effective steps to (1) bring the responsible members of the unit to justice, and (2) prevent gross violations of internationally recognized human rights by the unit in the future.
The USFWS must take other actions to prevent funding such a unit, such as (1) coordinating with the Department of State on procedures for vetting potential assistance recipients, (2) publicly identifying units that are barred from receiving assistance, (3) requiring assistance recipients to provide certain information and to implement a safeguards plan, and (4) requiring periodic financial and programmatic audits of assistance recipients.
The bill also requires (1) a grant recipient to report credible information about possible human rights violations involving a grant to the USFWS and the relevant diplomatic or consular post, (2) the program awarding the grant to investigate such allegations, and (3) the Office of the Inspector General of the Department of the Interior to investigate certain cases referred by the USFWS.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7025 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7025
To prohibit the Director of the United States Fish and Wildlife Service
from funding entities that commit, fund, or support gross violations of
internationally recognized human rights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2022
Mr. Grijalva (for himself, Mr. Westerman, Mr. Huffman, and Mr. Bentz)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To prohibit the Director of the United States Fish and Wildlife Service
from funding entities that commit, fund, or support gross violations of
internationally recognized human rights, 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 ``Advancing Human Rights-Centered
International Conservation Act of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Natural Resources of the House
of Representatives;
(B) the Committee on Foreign Affairs of the House
of Representatives;
(C) the Committee of Appropriations of the House of
Representatives;
(D) the Committee on Environment and Public Works
of the Senate;
(E) the Committee on Foreign Relations of the
Senate; and
(F) the Committee on Appropriations of the Senate.
(2) Covered recipient.--The term ``covered recipient''
means any entity that receives financial assistance from the
Director for the purpose of international activities or a
subgrantee of such entity with respect to a grant issued by the
Director.
(3) Credible information.--The term ``credible
information'' means information that, considering the source of
such information and the surrounding circumstances, supports a
reasonable belief that an event has occurred or will occur.
(4) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(5) Gross violation of internationally recognized human
rights.--The term ``gross violation of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
(6) Inspector general.--The term ``Inspector General''
means the Inspector General for the Department of the Interior.
(7) Secretary.--The term ``the Secretary'' means the
Secretary of State.
(8) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
(9) Unit of a foreign security force.--The term ``unit of a
foreign security force'' means a unit of--
(A) a foreign military;
(B) a foreign police force;
(C) a foreign paramilitary group;
(D) any person providing security services to a
foreign government; and
(E) such other organizations as the Secretary of
State determines appropriate.
SEC. 3. INTERNATIONAL CONSERVATION GRANT RESTRICTIONS.
(a) In General.--The Director shall ensure that no international
financial assistance provided by the Director shall be furnished to any
covered recipient or subgrantee for funding or supporting any unit of a
foreign security force if the Director or the Secretary of State has
credible information that such unit has committed a gross violation of
internationally recognized human rights.
(b) Exception.--The prohibition in subsection (a) shall not apply
if the Director, in consultation with the Secretary, determines and
reports to the appropriate Congressional committees that the applicable
national government, and covered recipient or subgrantee as
appropriate, is taking effective steps to bring the responsible members
of the unit of a foreign security force to justice and to prevent gross
violations of internationally recognized human rights by the unit in
the future.
(c) Risk Analysis.--In performing a risk assessment analysis for a
grant to a covered recipient, the Director shall include the occurrence
of human rights violations by individuals employed, funded, or
supported by the covered recipient or subgrantee as a factor in such
analysis.
(d) Procedures To Identify Human Rights Violators.--The Director,
in consultation with the Secretary, shall establish, and periodically
update, procedures to--
(1) avoid duplication of effort with respect to vetting a
unit of a foreign security force under this Act and vetting
carried out under section 620M of the Foreign Assistance Act of
1961 (22 U.S.C. 2378d);
(2) carry out the requirements of section 4;
(3) ensure that for each country the Director and the
Secretary have a current list of all units of foreign security
forces receiving training, equipment, or other types of
assistance through covered recipients or subgrantees;
(4) ensure that when an individual is designated to receive
United States training, equipment, or other types of assistance
the individual's unit is vetted as well as the individual;
(5) seek to identify the unit involved with respect to any
credible information of a gross violation of internationally
recognized human rights in any nation in which a covered
recipient or subgrantee provides funding, training, equipment,
or other assistance to a unit of a foreign security force; and
(6) make publicly available the identity of those units for
which no assistance shall be furnished pursuant to subsection
(a) unless such publication would create a risk to national
security or the health and safety of a victim of a gross
violation of internationally recognized human rights.
SEC. 4. INTERNATIONAL CONSERVATION GRANT REQUIREMENTS.
(a) Requirements To Receive a Grant.--
(1) In general.--The Director shall incorporate into the
terms of an agreement for financial assistance to a covered
recipient and require a duly designated representative of the
covered recipient to certify before receiving the award that--
(A) the covered recipient will not commit, fund, or
support gross violations of internationally recognized
human rights in carrying out the activities under the
award;
(B) the covered recipient has provided a list to
the contracting officer of each subgrantee to which the
covered recipient intends to provide funding using such
financial assistance and has provided a certification
from each subgrantee that such subgrantee will not
commit, fund, or support gross violations of
internationally recognized human rights in carrying out
the activities under the award;
(C) the covered recipient has provided the Director
with the covered recipient's and each subgrantee's
written policy on maintaining standards for conduct
consistent with recognized international human rights
standards, including the Universal Declaration of Human
Rights, the United Nations Declaration on the Rights of
Indigenous Peoples, and the United Nations Guiding
Principles on Business and Human Rights;
(D) the covered recipient has implemented and is
enforcing a social safeguards plan described in
subsection (b);
(E) the covered recipient has implemented
procedures to detect, investigate, discipline or
terminate a subgrantee, employee, or agent of the
covered recipient that fails to comply with applicable
policies to protect human rights in connection with the
award; and
(F) the covered recipient will comply with the
requirements established in this section.
(2) Subsequent subgrantee.--If, after receiving an award of
funds from the Director, a covered recipient selects a new
subgrantee, the covered recipient shall provide the Director
with--
(A) an updated version of the list described in
paragraph (1)(B);
(B) a certification from such subgrantee that such
subgrantee will not commit, fund, or support gross
violations of internationally recognized human rights
in carrying out the activities under the award;
(C) the subgrantee's written policy described in
subparagraph (1)(C); and
(D) justification for any changes in selection of
subgrantees.
(b) Social Safeguards Plan.--A social safeguards plan described in
this subsection is a plan consistent with the principles of the
documents listed in subsection (a)(1)(C) to implement appropriate human
rights standards and prevent gross violations of internationally
recognized human rights in connections with activities funded under the
award that includes, as determined appropriate by the Director, taking
into consideration the location, size, complexity, and scope of the
award--
(1) a process for meaningful consultation and engagement
with Indigenous Peoples and local communities to safeguard
their rights, including obtaining their free, prior, and
informed consent for any new land-use restriction and, if
applicable, procedures for the fair resolution of existing land
and resource claims, in the area in which the project will be
conducted;
(2) requirements for internal review of research involving
human subjects;
(3) measures to improve governance, increase the agency and
protect the rights and needs of Indigenous Peoples and local
communities, and address the potential adverse impacts of a
project on the well-being and security of Indigenous Peoples
and local communities;
(4) a grievance redress mechanism to redress gross
violations of internationally recognized human rights;
(5) human rights training and effective monitoring by the
recipient for law enforcement personnel and units of a foreign
security force; and
(6) publication of documents, such as park management plans
and ranger codes of conduct, that are relevant to potential
impacts of the project on Indigenous Peoples and local
communities.
(c) Requirement To Remedy Violations.--The Director may require a
covered recipient to take such measures to address an alleged violation
of the terms of an agreement required by subsection (a) as the Director
determines appropriate.
(d) Reporting Requirement.--
(1) Initial notification.--A covered recipient shall refer
all credible information of a gross violation of
internationally recognized human rights in connection with a
Service award by such covered recipient or a subgrantee of such
covered recipient to the contracting officer and to the
diplomatic or consular post of the United States for the
country at issue as soon as reasonably practicable, but not
later than 30 days after the date on which the covered
recipient knew or should have known such information.
(2) Report.--Not later than 60 days after the first date on
which a covered recipient provides notification under paragraph
(1), the covered recipient shall submit to the contracting
officer a report describing specific steps taken to address an
alleged violation and enforce the requirements of the covered
recipient's plan pursuant to subsection (a)(1)(D) and all
relevant information relating to the allegation.
(3) Extension.--The Director may grant a covered recipient
an extension of not more than 30 days on the time period to
file a report under paragraph (2) if the Director determines
that such extension will improve the Director's ability to
carry out the purposes of this section.
(4) Responsibilities of covered recipient.--The covered
recipient shall fully cooperate with any Federal agencies
responsible for audits, investigations, or corrective actions
relating to gross violations of human rights under this Act.
(5) Responsibilities of the contracting officer.--The
contracting officer shall, with respect to each allegation
reported under paragraph (1), not later than 30 days after
receipt of the report required by paragraph (2), complete an
investigation into such allegation and submit the results of
such investigation, information received under paragraph (1),
and each report received under paragraph (2) relating to such
allegation to the Director.
(e) Notification.--If the Director receives credible information of
a gross violation of internationally recognized human rights by a
covered recipient or a subgrantee of a covered recipient in connection
with an award provided by the Service, then the Director shall, in
consultation with the diplomatic or consular post of the United States
for the applicable country--
(1) immediately notify the relevant covered recipient and
require that the covered recipient submit a report under
subsection (d)(2) not later than 60 days after such
notification;
(2) immediately notify the government of the applicable
country; and
(3) to the maximum extent practicable, assist such
government in taking effective measures to bring the
responsible members of the unit of a foreign security force to
justice.
(f) Review of Allegations.--
(1) Referral.--Unless the covered recipient submits
information showing, to the satisfaction of the Director, that
the alleged violation has been resolved, abated, or did not
occur, the Director shall, not later than 30 days after
receiving information relating to an allegation under
subsection (d)(5), refer such alleged violation to the
Inspector General, including the report provided by the covered
recipient under subsection (d)(2), and notify the covered
recipient of such referral.
(2) Investigation.--
(A) Preliminary determination.--The Inspector
General shall, not later than 30 days after a referral
of an alleged violation under paragraph (1), determine
whether the referral requires an investigation.
(B) Determination that no investigation is
required.--If the Inspector General determines under
subparagraph (A) that the referral does not require
further investigation, the Inspector General shall
document the rationale for such determination and shall
notify the relevant Committees of Congress.
(C) Determination that an investigation is
required.--If the Inspector General determines that an
investigation is required under subparagraph (A), the
Inspector General shall complete such investigation not
later than 180 days after a referral under paragraph
(1) and prepare a report on such investigation, which
shall include the Inspector General's conclusions
regarding whether or not any allegations that the
covered recipient or any subgrantee of the covered
recipient has committed a gross violation of
internationally recognized human rights in connection
with the award, are substantiated, and regarding the
effectiveness of the actions of the recipient and any
subgrantee in preventing and responding to such
violations. The report shall include recommendations
based on the findings of such investigation.
(g) Additional Procedures.--The following requirements apply to any
administrative action to enforce the requirements of this section with
respect to a covered recipient:
(1) Written response.--A covered recipient subject to
administrative action under this subsection may submit, not
later than 30 days after the date of such administrative
action, a written response to contest such action.
(2) Meeting.--The Director, or a representative, shall meet
with a covered recipient that has filed a response under
subparagraph (1) and requests such a meeting not later than 45
days after the date of such administrative action to allow such
covered recipient an opportunity to present information,
including witness testimony, for inclusion in the
administrative record.
(3) Timeline for determination.--The Director shall, not
later than 45 days after conclusion of any procedures required
by paragraphs (1) and (2), make a determination in writing as
to whether to continue, modify, or terminate an administrative
action under this subsection.
(4) Reconsideration.--A covered recipient that was the
subject of an administrative action under this subsection may
request a reconsideration of such administration action based
upon--
(A) newly discovered evidence;
(B) a change in ownership or management; or
(C) such other factors as the Director determines
appropriate.
(h) Financial and Programmatic Audit of Grants.--
(1) In general.--The Director shall perform and require
compliance with periodic financial and programmatic audits of
covered recipients receiving financial assistance from the
Director. The Director shall prioritize audits of programs--
(A) with new land-use restrictions;
(B) in fragile or conflict-affected states; or
(C) in regions that otherwise have an elevated risk
of gross violations of internationally recognized human
rights.
(2) Specific award condition audits.--The Director shall
carry out regular audits of any covered recipient that is
subject to specific award conditions under subsection (i).
(i) Remedies for Noncompliance.--Each agreement for financial
assistance made by the Director with a covered recipient is subject to
the provisions of subpart D of part 200 of chapter II of subtitle A of
title 2 of the Code of Federal Regulations. The Director may consider,
in determining an appropriate remedy of a violation of a grant
requirement under such provision, whether the covered recipient was in
compliance with subsection (a)(1)(D) at the time of such violation.
(j) Annual Report.--The Director, in consultation with the
Secretary of State, shall, not later than 1 year after the date of
enactment of this Act and annually thereafter, submit to the
appropriate committees of Congress a report summarizing, with respect
to the previous calendar year--
(1) each report received under subsection (d)(2);
(2) each investigation concluded by the Inspector General
under subsection (f)(2), including the purpose and duration of
such investigation;
(3) each administrative action taken with respect to a
covered recipient to enforce this Act;
(4) information about the action taken by each covered
recipient to abate a gross violation of internationally
recognized human rights;
(5) information about remedial actions taken by the
Director pursuant to subsection (i);
(6) explanations for each extension of time given under
subsection (d)(3); and
(7) a summary of allegations and information that the
Director did not refer to the Inspector General and the
explanation for why such information was not referred.
(k) Safeguard for Sensitive Information.--In carrying out this
section, the Director may take such measures and withhold such
information as the Director determines necessary to protect the safety
of individuals--
(1) who are victims, or at risk of being victims, of a
gross violation of internationally recognized human rights; and
(2) who provide information regarding a potential gross
violation of internationally recognized human rights.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
Subcommittee Hearings Held.
Subcommittee on Water, Oceans, and Wildlife Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 117-417.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 117-417.
Placed on the Union Calendar, Calendar No. 324.
Mr. Huffman moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H6696-6698)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 7025.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H6866-6867)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 379 - 43 (Roll no. 377).
Roll Call #377 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 379 - 43 (Roll no. 377). (text: 7/18/2022 CR H6696-6698)
Roll Call #377 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.