[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2412 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2412
To establish an Office for Indigenous Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2025
Mr. Case (for himself and Mr. McGovern) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committee on Natural Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish an Office for Indigenous Affairs, 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 ``Indigenous Diplomacy and Engagement
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are an estimated 476,000,000 Indigenous Peoples
worldwide who share a common heritage of collective ancestral
ties to the lands and natural resources where they and their
ancestors live or have lived together with their own unique
cultures, languages and traditions.
(2) The Indigenous Peoples of the world also share a common
challenge and goal of preserving and protecting their ancestral
lands and natural resources and unique cultures, languages and
traditions.
(3) The status, rights, challenges and goals of Indigenous
Peoples worldwide have been recognized by various international
organizations, including by the United Nations in its September
13, 2007, Declaration of the Rights of Indigenous Peoples.
(4) The United States should expand its direct engagement
with Indigenous Peoples worldwide in order to better assist
Indigenous Peoples to achieve their goals and focus on common
challenges and opportunities.
SEC. 3. COMPREHENSIVE INTERNATIONAL STRATEGY FOR PROMOTING DIPLOMACY
AND ENGAGEMENT WITH INDIGENOUS PEOPLES.
(a) Development and Implementation of Strategy.--Not later than 1
year after the date of the enactment of this Act, and every 5 years
thereafter, the President, acting through the Coordinator for
Indigenous Affairs appointed pursuant to section 4(b), shall--
(1) develop and implement a comprehensive, 5-year
international strategy for promoting diplomacy and engagements
with international Indigenous peoples; and
(2) submit to the appropriate congressional committees such
strategy.
(b) Elements.--The strategy required by subsection (a) shall
include the following elements:
(1) An identification, for purposes of the strategy, of at
least 10 and not more than 20 countries that--
(A) are geographically, ethnically, and culturally
diverse; and
(B) have significant populations of Indigenous
peoples.
(2) An assessment of the following with respect to each
country identified pursuant to paragraph (1):
(A) The nature and extent of United States
diplomacy and engagement with international Indigenous
peoples in the country.
(B) The efforts of the government of the country to
promote and facilitate people-to-people engagements
involving international Indigenous peoples and domestic
Indigenous peoples.
(C) Opportunities for the United States to
establish or enhance diplomacy and engagement with
international Indigenous peoples in the country and how
such establishment or enhancement would support the
broader foreign policy goals of the United States.
(D) Metrics by which to evaluate the overall
progress of United States efforts to promote and
facilitate diplomacy and engagements with international
Indigenous peoples in the country.
(3) A plan (developed taking into consideration the results
of the assessment under paragraph (2)), including an outline of
specific programs, activities, or other efforts that may be
conducted, to--
(A) promote and facilitate, in cooperation with the
government of each country identified pursuant to
paragraph (1), activities that enhance diplomacy and
engagement with the Indigenous peoples of that country;
and
(B) coordinate regarding such promotion and
facilitation with existing programs and initiatives
involving Indigenous peoples, including coordination
with the heads of nongovernmental organizations, civil
society, and Indigenous groups.
(4) An identification of the general levels of resources
necessary on an annual basis to implement the plan under
paragraph (3) in each country identified pursuant to paragraph
(1), taking into account activities and funding provided by the
country and multilateral institutions and leveraging private
sector resources.
(5) An identification of the relevant Federal departments
and agencies conducting the programs, activities, and other
efforts described with respect to the plan required by
paragraph (3).
(6) For each such Federal department or agency, an
assessment of the anticipated contributions of that department
or agency (including technical, financial, and in-kind
contributions) to implement such plan.
(c) Collaboration.--In developing the strategy under subsection
(a), the President, acting through the Coordinator, shall consult
with--
(1) the Secretary of State;
(2) the Secretary of the Interior;
(3) the Administrator of the United States Agency for
International Development;
(4) the Chief Executive Officer of the Millennium Challenge
Corporation;
(5) the Chief Executive Officer of the Development Finance
Corporation;
(6) the Advisory Commission on Indigenous Peoples
established under section 6; and
(7) nongovernmental organizations that demonstrate
sufficient background, knowledge, and expertise--
(A) working on the issues of Indigenous rights or
resources; or
(B) engaging with international Indigenous peoples.
(d) Sustainability and Impact Considerations.--In implementing the
strategy under subsection (a) and the plan required by subsection
(b)(3), the President shall ensure that the policies and initiatives
carried out pursuant to such strategy are designed to achieve maximum
impact and long-term sustainability.
SEC. 4. OFFICE FOR INDIGENOUS AFFAIRS.
(a) Establishment.--There is established an Office for Indigenous
Affairs (in this section referred to as the ``Office'') for the purpose
of coordinating all efforts of the Federal Government regarding
diplomacy and engagements with international Indigenous peoples.
(b) Coordinator.--The Office shall be headed by the Coordinator for
Indigenous Affairs (in this section referred to as the
``Coordinator''), who shall--
(1) be appointed by the President, by and with the advice
and consent of the Senate;
(2) report directly to the Secretary of State; and
(3) have the rank and status of Ambassador at Large.
(c) Duties.--The Coordinator shall have the following
responsibilities:
(1) To design, oversee, and coordinate activities and
programs of the Federal Government relating to diplomacy and
engagement with international Indigenous peoples.
(2) To direct United States resources to--
(A) increase and enhance diplomatic exchange and
engagements with international Indigenous peoples; and
(B) assist in the development of the comprehensive
international strategy under section 3 to promote
diplomacy and engagements with international Indigenous
peoples and domestic Indigenous peoples.
(3) To coordinate all policies, programs, and funding
relating to diplomacy and engagements with international
Indigenous peoples of relevant United States Government
agencies, including--
(A) the Department of State;
(B) the United States Agency for International
Development;
(C) the Department of the Interior;
(D) the Millennium Challenge Corporation; and
(E) the Development Finance Corporation.
(4) To design, integrate, and, as appropriate, implement
policies, programs, and activities related to Indigenous
health, education, economic development, international
Indigenous human rights, and protection of international
Indigenous peoples in humanitarian crises.
(5) To encourage the Secretary of the Interior and the
Administrator of the United States Agency for International
Development to establish department- or agency-specific (as the
case may be) programmatic guidelines regarding diplomacy and
engagements between international Indigenous peoples and
domestic Indigenous peoples and to monitor the implementation
of those guidelines.
(d) Principal Advisor.--In addition to the duties under subsection
(c), the Coordinator shall serve as the principal advisor to the
Secretary of State regarding matters relating to international
Indigenous peoples.
(e) Diplomatic Representation.--Subject to the direction of the
President and the Secretary of State, the Coordinator may represent the
United States in matters relevant to diplomacy and engagements with
international Indigenous peoples in--
(1) contacts with Tribal representatives in other
countries, foreign governments, nongovernmental organizations,
the United Nations and its specialized agencies, and other
international organizations of which the United States is a
member; and
(2) multilateral conferences and meetings relevant to
diplomacy and engagements with international Indigenous
peoples.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Coordinator such sums as may be necessary to carry
out the duties and responsibilities of the Office for Indigenous
Affairs as established by this section. Amount appropriated pursuant to
this authorization are authorized to remain available until expended
and shall supplement, not supplant, amounts otherwise authorized to be
appropriated to carry out the purposes described in this section.
SEC. 5. ANNUAL REPORT ON PROMOTING INTERNATIONAL DIPLOMACY AND
ENGAGEMENT WITH INDIGENOUS PEOPLE.
(a) In General.--Not later than 1 year after date of the submission
of the comprehensive international strategy developed under section 3,
and every 4 years thereafter, the Secretary of State, acting through
the Coordinator for Indigenous Affairs appointed pursuant to section
4(b), shall submit to the appropriate congressional committees a report
to be titled the ``Report on International Indigenous Diplomacy and
Engagement''.
(b) Matters.--Each report under subsection (a) shall include the
following:
(1) The goals and objectives of the comprehensive
international strategy developed under section 3.
(2) The assessment of the Coordinator of the effectiveness
to date of the strategy, including the specific criteria used
in such assessment.
(3) A description of the coordination of all Federal
Government resources and international activities to engage
with and support international Indigenous peoples that
includes--
(A) an identification of the Federal departments or
agencies involved;
(B) a description of the coordination between the
heads of such Federal departments and agencies; and
(C) a description of the coordination with non-
Federal Government entities, including foreign
governments, multilateral organizations and
institutions, and nongovernmental organizations.
(4) A description of the relationship between--
(A) efforts to support international Indigenous
peoples;
(B) other United States assistance strategies in
developing countries; and
(C) diplomatic relationships with such countries.
(5) A description of efforts to design, support, and
implement activities in response to the needs of international
Indigenous peoples and in furtherance of United States
diplomatic and peacemaking initiatives.
(6) A description of data collection efforts conducted
under programs authorized by this Act or the amendments made by
this Act.
(7) A description of any significant efforts by bilateral
or multilateral donors in support of international Indigenous
peoples.
(8) An identification of all contractors, subcontractors,
grantees, and subgrantees receiving United States funds for
programs supporting international Indigenous peoples.
(9) Recommendations related to best practices, effective
strategies, and suggested improvements to enhance the impact of
efforts to support international Indigenous peoples.
(10) A description of United States resources that are
being used--
(A) to implement the strategy developed under
section 3;
(B) to respond to needs of international Indigenous
people;
(C) to promote equity and advance the status of
international Indigenous people; and
(D) to encourage all parties to engage with and
support the participation of international Indigenous
peoples in decisions affecting their lands, cultures,
and traditions, the allocation of natural resources,
and the protection of the civil and political rights of
such peoples.
SEC. 6. ADVISORY COMMISSION ON INDIGENOUS PEOPLES.
(a) Establishment.--There is established within the Department of
State an Advisory Commission on Indigenous Peoples (in this section
referred to as the ``Advisory Commission'').
(b) Membership.--
(1) Appointment.--The Advisory Commission shall be composed
of--
(A) the Coordinator for Indigenous Affairs
appointed pursuant to section 4(b), who shall serve as
chair;
(B) 8 members appointed by the Secretary of State,
from among individuals who are not officers or
employees of the Federal Government;
(C) 3 members appointed by the President pro
tempore of the Senate on the joint recommendation of
the Majority and Minority Leaders of the Senate;
(D) 3 members appointed by the Speaker of the House
of Representatives on the joint recommendation of the
Majority and Minority Leaders of the House of
Representatives; and
(E) 1 representative from each of--
(i) the National Congress of American
Indians;
(ii) the Alaska Federation of Natives; and
(iii) the Office of Hawaiian Affairs.
(2) Selection.--The members of the Advisory Commission
described in subparagraphs (B) through (D) of paragraph (1)
shall be selected from among--
(A) academics representative of the various
scholarly approaches to the history of the rights and
resources of international Indigenous peoples;
(B) representatives of nongovernmental
organizations and other institutions having the
background, knowledge, and expertise related to
diplomacy and engagements with international Indigenous
peoples and domestic Indigenous peoples; and
(C) other distinguished individuals noted for their
diverse background, knowledge, and expertise in the
fields relevant to international Indigenous peoples,
including foreign affairs, human rights, and
international law.
(3) Time of appointment.--The appointments of the members
described in subparagraphs (B) through (D) of paragraph (1)
should be made not later than 120 days after the date of the
enactment of this Act.
(4) Terms.--The term of each member appointed in accordance
with paragraph (3) to the Advisory Commission shall be 3 years.
Members shall be eligible for reappointment to a second term.
(c) Duties.--The Advisory Commission shall--
(1) annually make recommendations to the Secretary of State
regarding best practices to promote diplomacy and engagements
with international Indigenous peoples and the effective
integration of such practices into the foreign policy of the
United States, including assistance programming; and
(2) consult with members of the Federal Government,
domestic and international Indigenous leaders, and with private
groups and individuals with expertise on the promotion of
diplomacy and engagements with international Indigenous
peoples.
(d) Hearings.--In carrying out this section, the Advisory
Commission may conduct such hearings, sit and at such times and places,
take such testimony, and receive such evidence, as the Advisory
Commission considers appropriate.
(e) Funding.--Members of the Advisory Commission shall be allowed
travel expenses, including per diem in lieu of subsistence at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of duties for the Advisory
Commission.
(f) Report of the Advisory Commission.--Not later than April 1 of
each year, the Advisory Commission shall submit to the President, the
Secretary of State, and the appropriate congressional committees a
report that sets forth its findings and recommendations for United
States policy and programs.
SEC. 7. TRAINING FOR FOREIGN SERVICE OFFICERS ON INTERNATIONAL
INDIGENOUS DIPLOMACY AND ENGAGEMENT.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following:
``(e) Indigenous Communities.--The Secretary of State, acting
through the Coordinator for Indigenous Affairs, shall establish, as
part of the standard training provided for chiefs of mission, deputy
chiefs of mission, and other officers of the Service prior to departure
for posting outside the United States, training on the history and
culture of the Indigenous communities that reside near the applicable
posts of assignment, along with guidance on ways to engage with and
provide direct support to individuals from those communities.''.
SEC. 8. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Indian Affairs of the Senate.
(2) Coordinator.--The term ``Coordinator'' means the
Coordinator for Indigenous Affairs appointed pursuant to
section 4(b).
(3) Domestic indigenous peoples.--The term ``domestic
Indigenous peoples'' means--
(A) Indians, as that term is defined in section
4(d) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(d));
(B) Native Hawaiians, as that term is defined in
section 6207 of the Native Hawaiian Education Act (20
U.S.C. 7517);
(C) Alaska Natives, within the meaning provided for
the term ``Native'' in section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b)); and
(D) Pacific Islanders, as such term is defined in
section 815 of the Native American Programs Act of 1974
(42 U.S.C. 2992c).
(4) Indigenous peoples.--The term ``Indigenous peoples''--
(A) means distinct social and cultural groups that
the Coordinator for Indigenous Affairs designates as
such, taking into account relevant factors such as
internationally recognized definitions of Indigenous
Peoples, historical context, and sociological
circumstances; and
(B) includes domestic Indigenous peoples and
international Indigenous peoples.
(5) International indigenous peoples.--The term
``international Indigenous peoples'' means the peoples
indigenous to foreign countries or foreign territories.
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