[Congressional Record Volume 168, Number 118 (Monday, July 18, 2022)]
[House]
[Pages H6696-H6698]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ADVANCING HUMAN RIGHTS-CENTERED INTERNATIONAL CONSERVATION ACT OF 2022

  Mr. HUFFMAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7025

       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

[[Page H6697]]

       (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

[[Page H6698]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Huffman) and the gentlewoman from New Mexico (Ms. 
Herrell) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. HUFFMAN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 7025 is a bipartisan bill led by the chair and the 
ranking member of the Natural Resources Committee. It will 
significantly improve the management and oversight of international 
conservation programs at the Department of the Interior.
  Over the past couple of years, our committee conducted a bipartisan 
investigation into the role of the Worldwide Wildlife Fund, or WWF, and 
the Department of the Interior, DOI, regarding allegations of human 
rights abuses at conservation parks around the world.
  The reports are deeply upsetting, describing decades of abuse toward 
indigenous and local people in the name of conservation.
  The committee's oversight hearing in October revealed numerous 
shortcomings in how WWF carries out its work and how DOI oversees grant 
funding in challenging locations.
  These allegations aren't unique. Leading voices at the U.N. and 
elsewhere have, for years, warned of grave abuses in the name of 
conservation, in large part due to the colonial-based ``fortress 
conservation model'' that kicked indigenous and local people off their 
lands to set up protected areas.
  International conservation efforts are critical to the success of our 
national security, international development, climate, and biodiversity 
goals.
  However, when investing in these goals, we must ensure commonsense 
safeguards are in place that protect human rights. This bill does that.
  First, it expands human rights vetting to international Fish and 
Wildlife Service-funded conservation projects. It prohibits Fish and 
Wildlife Service funds from going to armed groups that commit gross 
violations of human rights.
  Second, the bill establishes a thorough, fair, and transparent 
process for investigating credible allegations of human rights abuses.
  Third, this legislation weaves the highest human rights standards 
into grant contracts.
  This bill is common sense, it is good government, and it will make 
international conservation more successful, benefiting local and 
indigenous community members and the planet.
  I urge my colleagues to vote ``yes'' on this legislation and reserve 
the balance of my time.
  Ms. HERRELL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 7025, the Advancing Human 
Rights-Centered International Conservation Act of 2022.
  This bill is the result of a bipartisan investigation on how the U.S. 
Fish and Wildlife Service's international grant program helped fund 
human rights atrocities committed by eco-paramilitary forces in Africa 
and elsewhere.
  The bipartisan investigation led to an oversight hearing at the 
Committee on Natural Resources last year, where we heard from expert 
witnesses about the need for reform in this program. The hearing and 
the findings of our investigation ultimately led to this bill.
  The fundamental concepts of this bill are agency accountability and 
transparency. This bill would specifically require the U.S. Fish and 
Wildlife Service to vet the human rights record of conservation groups 
and their subgrantees prior to awarding the grant.
  The inclusion of subgrantees is critical. Unfortunately, we have seen 
some conservation groups avoid taking responsibility for the actions of 
their subgrantees.
  Experts, such as Wake Forest University International Law Professor 
John Knox, who has extensive knowledge on this issue, recommended this 
reform. Mr. Knox and other witnesses and experts have been instrumental 
in helping the committee throughout the legislative process.
  The experts and bipartisan members of the committee agree that the 
Federal Government has a responsibility to ensure that American 
taxpayer dollars are not being spent to perpetuate human rights abuses. 
This bill requires the U.S. Fish and Wildlife Service to live up to 
that responsibility.
  This legislation is a much-needed and significant change from the 
status quo. This is a matter where both sides of the aisle have come 
together to ensure our conservation efforts do not occur at the cost of 
human lives.
  I thank Ranking Member Westerman and Chairman Grijalva and their 
staffs for their hard work and cooperation on this bill. I urge 
adoption of this bill and reserve the balance of my time.
  Mr. HUFFMAN. Mr. Speaker, I thank the gentlewoman from New Mexico for 
mentioning Professor Knox. He was an outstanding witness in our 
hearings on this subject.
  The truth is, the product of 3 years of work that is before us today 
was a really good exercise in bipartisan leadership, so I appreciate 
that.
  I have no further requests for time and am prepared to close, so I 
reserve the balance of my time.
  Ms. HERRELL. Mr. Speaker, I urge adoption of this bill, and I yield 
back the balance of my time.
  Mr. HUFFMAN. Mr. Speaker, I urge a ``yes'' vote on this legislation 
and yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Huffman) that the House suspend the 
rules and pass the bill, H.R. 7025, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. NORMAN. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.

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