HR2412-119

1. Short title This Act may be cited as the Indigenous Diplomacy and Engagement Act.

2. Findings Congress finds the following: 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. 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. 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. 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.

3. Comprehensive international strategy for promoting diplomacy and engagement with Indigenous peoples 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— develop and implement a comprehensive, 5-year international strategy for promoting diplomacy and engagements with international Indigenous peoples; and submit to the appropriate congressional committees such strategy. The strategy required by subsection (a) shall include the following elements: An identification, for purposes of the strategy, of at least 10 and not more than 20 countries that— are geographically, ethnically, and culturally diverse; and have significant populations of Indigenous peoples. An assessment of the following with respect to each country identified pursuant to paragraph (1): The nature and extent of United States diplomacy and engagement with international Indigenous peoples in the country. The efforts of the government of the country to promote and facilitate people-to-people engagements involving international Indigenous peoples and domestic Indigenous peoples. 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. 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. 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— 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 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. 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. 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). 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. In developing the strategy under subsection (a), the President, acting through the Coordinator, shall consult with— the Secretary of State; the Secretary of the Interior; the Administrator of the United States Agency for International Development; the Chief Executive Officer of the Millennium Challenge Corporation; the Chief Executive Officer of the Development Finance Corporation; the Advisory Commission on Indigenous Peoples established under section 6; and nongovernmental organizations that demonstrate sufficient background, knowledge, and expertise— working on the issues of Indigenous rights or resources; or engaging with international Indigenous peoples. 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.

4. Office for Indigenous Affairs 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. The Office shall be headed by the Coordinator for Indigenous Affairs (in this section referred to as the Coordinator), who shall— be appointed by the President, by and with the advice and consent of the Senate; report directly to the Secretary of State; and have the rank and status of Ambassador at Large. The Coordinator shall have the following responsibilities: To design, oversee, and coordinate activities and programs of the Federal Government relating to diplomacy and engagement with international Indigenous peoples. To direct United States resources to— increase and enhance diplomatic exchange and engagements with international Indigenous peoples; and 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. To coordinate all policies, programs, and funding relating to diplomacy and engagements with international Indigenous peoples of relevant United States Government agencies, including— the Department of State; the United States Agency for International Development; the Department of the Interior; the Millennium Challenge Corporation; and the Development Finance Corporation. 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. 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. 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. 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— 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 multilateral conferences and meetings relevant to diplomacy and engagements with international Indigenous peoples. 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.

5. Annual report on promoting international diplomacy and engagement with Indigenous people 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. Each report under subsection (a) shall include the following: The goals and objectives of the comprehensive international strategy developed under section 3. The assessment of the Coordinator of the effectiveness to date of the strategy, including the specific criteria used in such assessment. A description of the coordination of all Federal Government resources and international activities to engage with and support international Indigenous peoples that includes— an identification of the Federal departments or agencies involved; a description of the coordination between the heads of such Federal departments and agencies; and a description of the coordination with non-Federal Government entities, including foreign governments, multilateral organizations and institutions, and nongovernmental organizations. A description of the relationship between— efforts to support international Indigenous peoples; other United States assistance strategies in developing countries; and diplomatic relationships with such countries. 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. A description of data collection efforts conducted under programs authorized by this Act or the amendments made by this Act. A description of any significant efforts by bilateral or multilateral donors in support of international Indigenous peoples. An identification of all contractors, subcontractors, grantees, and subgrantees receiving United States funds for programs supporting international Indigenous peoples. Recommendations related to best practices, effective strategies, and suggested improvements to enhance the impact of efforts to support international Indigenous peoples. A description of United States resources that are being used— to implement the strategy developed under section 3; to respond to needs of international Indigenous people; to promote equity and advance the status of international Indigenous people; and 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.

6. Advisory Commission on Indigenous Peoples There is established within the Department of State an Advisory Commission on Indigenous Peoples (in this section referred to as the Advisory Commission). The Advisory Commission shall be composed of— the Coordinator for Indigenous Affairs appointed pursuant to section 4(b), who shall serve as chair; 8 members appointed by the Secretary of State, from among individuals who are not officers or employees of the Federal Government; 3 members appointed by the President pro tempore of the Senate on the joint recommendation of the Majority and Minority Leaders of the Senate; 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 1 representative from each of— the National Congress of American Indians; the Alaska Federation of Natives; and the Office of Hawaiian Affairs. The members of the Advisory Commission described in subparagraphs (B) through (D) of paragraph (1) shall be selected from among— academics representative of the various scholarly approaches to the history of the rights and resources of international Indigenous peoples; 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 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. 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. 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. The Advisory Commission shall— 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 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. 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. 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. 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.

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: 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. (e)Indigenous communitiesThe 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..

8. Definitions In this Act: The term appropriate congressional committees means— the Committee on Foreign Affairs and the Committee on Natural Resources of the House of Representatives; and the Committee on Foreign Relations and the Committee on Indian Affairs of the Senate. The term Coordinator means the Coordinator for Indigenous Affairs appointed pursuant to section 4(b). The term domestic Indigenous peoples means— 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)); Native Hawaiians, as that term is defined in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); 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 Pacific Islanders, as such term is defined in section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992c). The term Indigenous peoples— 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 includes domestic Indigenous peoples and international Indigenous peoples. The term international Indigenous peoples means the peoples indigenous to foreign countries or foreign territories.