[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7025 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 324
117th CONGRESS
  2d Session
                                H. R. 7025

                          [Report No. 117-417]

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

                             July 18, 2022

            Additional sponsors: Mr. Lowenthal and Mr. Cohen

                             July 18, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                9, 2022]


_______________________________________________________________________

                                 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, in consultation with the 
Secretary, 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.
                                                 Union Calendar No. 324

117th CONGRESS

  2d Session

                               H. R. 7025

                          [Report No. 117-417]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 18, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed