[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5493 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5493
To prohibit the Director of the United States Fish and Wildlife Service
from awarding grants to entities that fund or support gross violations
of internationally recognized human rights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 19, 2019
Mr. Bishop of Utah 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 awarding grants to entities that 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. INTERNATIONAL CONSERVATION GRANT RESTRICTIONS.
(a) Certification.--The Director may not award a covered grant to a
covered recipient unless such recipient certifies that it will meet the
requirements described in subsection (b).
(b) Requirements.--The requirements described in this subsection
are as follows:
(1) Certification.--A covered recipient may only award
funds to a subgrantee if such subgrantee certifies that it will
meet the requirements described in this subsection.
(2) Prohibition.--A covered recipient may not use funds
from a covered grant to fund or support a prohibited entity.
(3) Reporting.--A covered recipient shall report to the
Director any credible allegation of a gross violation of
internationally recognized human rights by any entity such
recipient has funded or supported within 30 days of the date on
which such recipient knew or should have known of such
allegation.
(4) Cease funding.--A covered recipient that reports a
credible allegation under paragraph (3) to the Director shall,
not more than 30 days after the date of such reporting, cease
funding or supporting the prohibited entity alleged to have
committed such violation.
(c) Penalties.--The Director shall apply the following penalties to
a covered recipient or successor to such recipient that fails to meet
the requirements of this Act:
(1) The Director may not award a single source award of a
covered grant to a covered recipient or successor to such
recipient that has violated a provision of subsection (b).
(2) The Director may not award a covered grant to a covered
recipient or successor to such recipient that violated
subsection (b)(3) for a 3-year period beginning on the later
of--
(A) the date of the violation; or
(B) the date on which the Director became aware of
such violation.
(3) The Director may not award a covered grant to a covered
recipient or successor to such recipient that violated
subsection (b)(4) for a 5-year period beginning on the later
of--
(A) the date of the violation; or
(B) the date on which the Director became aware of
such violation.
(4) In addition to any penalties under paragraphs (1)
through (3), the Director may not award a covered grant to a
covered recipient or successor to such recipient that has
violated any provision of this Act unless such recipient paid
back any funds from the grant under which such recipient
received funds which were used in a manner that violated
subsection (b).
(5) The Director shall report a covered recipient that
violated a provision of subsection (b) to the Department of
Justice.
(d) High-Risk Areas.--
(1) Waiver required.--The Director may not award a covered
grant with respect to a high-risk country unless the recipient
of such grant has received a waiver under paragraph (2).
(2) Waiver requirements.--The Director may issue a waiver
to operate in a high-risk country to an applicant that the
Director determines has taken sufficient measures to prevent
the violation of this Act. In making such a determination, the
Director shall require the applicant to--
(A) describe the safeguards such applicant employs
to protect human rights;
(B) describe the accountability such applicant
employs to ensure proper use of funds;
(C) provide any training materials used by the
organization with respect to protecting human rights;
and
(D) provide such other information as the Director
determines appropriate.
(3) Audits.--The Secretary of the Interior shall perform,
or cause an independent third party to perform, audits of any
recipient that receives grant funds from the Director issued
with respect to a high-risk country.
(e) Risk Analysis.--In performing a risk assessment analysis for a
covered grant, the Director shall include the occurrence of human
rights violations as a factor in such analysis.
(f) Definitions.--In this Act:
(1) Covered grant.--The term ``covered grant'' means a
grant awarded by the Director under which funds will be
expended outside the United States, including grants issued
pursuant to--
(A) section 2101 of the African Elephant
Conservation Act (16 U.S.C. 4211);
(B) section 4 of the Great Ape Conservation Act of
2000 (16 U.S.C. 6303);
(C) section 4 of the Marine Turtle Conservation Act
of 2004 (16 U.S.C. 6603); and
(D) section 5 of the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5304).
(2) Covered recipient.--The term ``covered recipient''
means any entity that is a grantee, subgrantee, or applicant
with respect to a covered grant.
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given such term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
(5) High-risk country.--The term ``high-risk country''
means a country with respect to which the most recent report
issued pursuant to section 116(d) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151n(d)) includes reports of extrajudicial,
arbitrary, or unlawful killings by security forces.
(6) Prohibited entity.--The term ``prohibited entity''
means a person or entity that is credibly alleged to have
committed a gross violation of internationally recognized human
rights--
(A) during the 10-year period ending on the date of
issuance of the relevant covered grant; or
(B) after the date of issuance of the relevant
covered grant.
(7) Successor.--The term ``successor'' means an entity that
the Director determines is substantially owned by persons who
owned a prohibited entity at the time such entity became a
prohibited entity.
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