[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7025 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 7025
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2022
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
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
subrecipient as defined in section 200.1 of title 2, Code of
Federal Regulations, 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 subrecipient 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 subrecipient 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, in consultation with the
Secretary, shall include the occurrence of human rights violations by
individuals employed, funded, or supported by the covered recipient or
subrecipient 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 subrecipients;
(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 subrecipient 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 Director of each subrecipient to which the covered
recipient intends to provide funding using such
financial assistance and has provided a certification
from each subrecipient that such subrecipient 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 subrecipient'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)(1);
(E) the covered recipient has implemented
procedures to detect, investigate, discipline or
terminate a subrecipient, 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 subrecipient.--If, after receiving an award
of funds from the Director, a covered recipient selects a new
subrecipient, 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 subrecipient that
such subrecipient will not commit, fund, or support
gross violations of internationally recognized human
rights in carrying out the activities under the award;
(C) the subrecipient's written policy described in
paragraph (1)(C); and
(D) justification for any changes in selection of
subrecipients.
(b) Social Safeguards Plan.--
(1) In general.--A social safeguards plan described in this
paragraph 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--
(A) 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;
(B) requirements for internal review of research
involving human subjects;
(C) 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;
(D) a grievance redress mechanism to redress gross
violations of internationally recognized human rights;
(E) human rights training and effective monitoring
by the recipient for law enforcement personnel and
units of a foreign security force; and
(F) 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.
(2) Guidance and technical assistance.--To assist covered
recipients develop, implement, and enforce a social safeguard
plan that meets the requirements of paragraph (1), the Director
may--
(A) develop and publish guidance on developing,
implementing, and enforcing a social safeguard plan;
and
(B) provide technical assistance to covered
recipients and subrecipients.
(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 subrecipient of
such covered recipient to the Director 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 Director 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 awarding program.--The head of
the program that awarded the financial assistance 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, in consultation with
the diplomatic or consular post of the United States for the
country at issue, 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 and the diplomatic or consular
post of the United States for the country at issue.
(e) Notification.--If the Director receives credible information of
a gross violation of internationally recognized human rights by a
covered recipient or a subrecipient 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 if the Director determines such notification is
appropriate; 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 and the diplomatic or consular post of the
United States for the country at issue, 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 and may
make a recommendation to the Director as to whether the
award should be suspended during the course of the
investigation.
(B) Suspension of award.--
(i) In general.--Upon receiving a
recommendation from the Inspector General under
subparagraph (A), the Director may suspend the
award until a final disposition of such award
under subsection (g).
(ii) Appeal.--A covered recipient may
appeal a suspension under subsection (g)
pursuant to subpart G of part 4, Code of
Federal Regulations.
(C) 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.
(D) 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--
(i) the Inspector General's conclusions
regarding whether or not any allegations that
the covered recipient or any subrecipient 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
subrecipient in preventing and responding to
such violations;
(ii) recommendations based on the findings
of such investigation; and
(iii) a recommendation on whether the award
should be terminated.
(E) Submission of report.--The Inspector General
shall provide the report required by subparagraph (C)
to the Director and the diplomatic or consular post of
the United States for the country at issue.
(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.
Passed the House of Representatives July 19, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.