[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.
____________________