HR4303-119

1. Special Envoy for Humanitarian Aid Workers Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following: There shall be a Special Envoy for Humanitarian Aid Workers, who shall be appointed by the President and shall report to the Secretary of State. The Special Envoy shall have the rank and status of ambassador. The Special Envoy shall be responsible for— inquiring into the death, fatal injury, or detention of any aid worker in the course of providing assistance as part of a humanitarian mission supported by the United States; advocating for the robust coordination and deconfliction between humanitarian missions supported by the United States, international bodies, and relevant foreign security forces; advocating for foreign countries to adopt best practices, including security for aid workers, to enable nongovernmental organizations to freely deliver humanitarian aid and assistance; developing and advocating, in consultation with the Secretary of State, best practices for foreign countries to work with humanitarian nongovernmental organizations and civil society organizations; and advocating for any other matter that supports the efforts of nongovernmental organizations to provide humanitarian assistance without the interference of the security of a foreign country. Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Special Envoy shall submit to the appropriate congressional committees a report regarding the working environment of the conflict areas in which humanitarian aid workers operate to provide humanitarian assistance as part of a humanitarian mission supported by the United States, including— any security challenges that nongovernmental organizations face in providing United States humanitarian assistance; the effectiveness of the United Nations Office for the Coordination of Humanitarian Affairs in deconflicting between nongovernmental organizations providing humanitarian assistance and parties to conflict; how much humanitarian assistance the United States has distributed in the preceding 1-year period; and any policy recommendations. In this section: The term aid worker means an individual who provides humanitarian assistance to those in need outside the United States. The term appropriate congressional committees means— the Committees on Appropriations of the House of Representatives and Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Foreign Relations of the Senate. Not later than 1 year after the date of the enactment of this section, the Special Envoy for Humanitarian Aid Workers shall, in consultation with the Secretary of State, submit to the appropriate congressional committees a report regarding the effectiveness of the efforts of the United Nations Office for the Coordination of Humanitarian Affairs with respect to coordination and deconfliction between humanitarian nongovernmental organizations and foreign countries as part of a humanitarian response supported by the United States. In this subsection, the term appropriate congressional committees means— the Committees on Appropriations of the Senate and House of Representatives; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Foreign Relations of the Senate. (p)Special Envoy for Humanitarian Aid Workers (1)EstablishmentThere shall be a Special Envoy for Humanitarian Aid Workers, who shall be appointed by the President and shall report to the Secretary of State. (2)Rank and status of ambassadorThe Special Envoy shall have the rank and status of ambassador. (3)DutiesThe Special Envoy shall be responsible for— (A)inquiring into the death, fatal injury, or detention of any aid worker in the course of providing assistance as part of a humanitarian mission supported by the United States; (B)advocating for the robust coordination and deconfliction between humanitarian missions supported by the United States, international bodies, and relevant foreign security forces; (C)advocating for foreign countries to adopt best practices, including security for aid workers, to enable nongovernmental organizations to freely deliver humanitarian aid and assistance; (D)developing and advocating, in consultation with the Secretary of State, best practices for foreign countries to work with humanitarian nongovernmental organizations and civil society organizations; and (E)advocating for any other matter that supports the efforts of nongovernmental organizations to provide humanitarian assistance without the interference of the security of a foreign country. (4)Report to CongressNot later than 1 year after the date of the enactment of this section, and annually thereafter, the Special Envoy shall submit to the appropriate congressional committees a report regarding the working environment of the conflict areas in which humanitarian aid workers operate to provide humanitarian assistance as part of a humanitarian mission supported by the United States, including— (A)any security challenges that nongovernmental organizations face in providing United States humanitarian assistance; (B)the effectiveness of the United Nations Office for the Coordination of Humanitarian Affairs in deconflicting between nongovernmental organizations providing humanitarian assistance and parties to conflict; (C)how much humanitarian assistance the United States has distributed in the preceding 1-year period; and (D)any policy recommendations. (5)DefinitionsIn this section: (A)Aid workerThe term aid worker means an individual who provides humanitarian assistance to those in need outside the United States. (B)Appropriate congressional committeesThe term appropriate congressional committees means— (i)the Committees on Appropriations of the House of Representatives and Senate; (ii)the Committee on Foreign Affairs of the House of Representatives; and (iii)the Committee on Foreign Relations of the Senate. .

2. Investigations into any killing or fatal injury of humanitarian aid workers Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended by adding at the end the following: No security assistance (as such term is defined in section 502B) and no defense article or defense service subject to the requirements of section 36 of the Arms Export Control Act may be furnished to any foreign country if the Secretary of State certifies to the appropriate congressional committees that such foreign country has unlawfully killed or fatally injured humanitarian aid workers or refused reasonable requests to furnish relevant information to the Secretary of the United States, unless the Secretary of State also certifies to the appropriate congressional committees that, in the determination of the Secretary, such foreign country— has taken sufficient action to investigate previous violations, adopt corrective actions, take effective steps to bring the responsible members of the security force unit to justice, and coordinate active humanitarian aid missions; and will enable humanitarian aid workers to participate in such missions without being unlawfully killed or fatally injured. A certification under paragraph (1) shall be submitted not later than 15 days before the entry into effect of such certification. Not later than 60 days after appointment of the Special Envoy for Humanitarian Aid Workers, the President shall establish an interagency group, to be known as the Aid Worker Independent Inquiry Group (in this section referred to as the Group), to assess and analyze the death or detention of any individual participating in an active humanitarian aid mission after the date of the enactment of this Act. The Group shall be led by the Special Envoy and consist of such number of representatives as the Special Envoy may determine appropriate from— the Department of Justice; the Department of State, including— relevant embassies; the Office of Foreign Assistance; and relevant offices under the Undersecretary for Political Affairs; the Federal Bureau of Investigation; the Office of the Director of National Intelligence; and any other Federal department or agency that the Special Envoy may determine appropriate. Not later than 90 days after the incidence of a death or detention described in paragraph (1), the Special Envoy, in coordination with the Group, shall submit to Congress a report that includes— the cause of such death or detention; with respect to a death— a description of the events leading up to such death; if the military of a foreign country is responsible for causing the death of any such aid worker; an assessment of the circumstances surrounding such death, including the information available to and intentions of the unit of such military involved; information on the source of such death, including the type of munitions used in connection with such death, if any; whether it is more likely than not that any defense article used was transferred from the United States or purchased by the perpetrator from United States assistance; and any other detail that the Special Envoy determines relevant to the circumstances of the death; with respect to a detention, information on the grounds for such detention, including any criminal charges and evidence against the detainee; an assessment of the degree of cooperation with the investigation of the death or detention by the relevant foreign country, including whether such country has furnished all requested information; and a final assessment as to whether such death or detention was consistent with the laws of the international community, of the host country, and the Department of Defense’s Law of War Manual. In this section: The term active humanitarian aid mission means an ongoing, organized effort outside the United States where United States humanitarian assistance is being delivered or administered by the international community, individual countries, or international organizations to prevent and control non-political and non-military crises and to mitigate their effects. The term appropriate congressional committees means— the Committees on Appropriations of the House of Representatives and Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Foreign Relations of the Senate. The term humanitarian aid worker means an individual participating in an active humanitarian aid mission to provide assistance and resources to those in need. The term unlawful killing means the use of lethal force by a government or its agents that— if in a state of armed conflict, is inconsistent with the requirements of international humanitarian law that are enshrined as principles in the United States Department of Defense Law of War Manual; or if outside of a state of armed conflict, would constitute homicide as defined in section 1111 or 1112 of title 18, United States Code. 620N.Prohibition on assistance to countries that unlawfully kill or fatally injure humanitarian aid workers (a)Prohibition on assistance to countries that unlawfully kill or fatally injure humanitarian aid workers (1)In generalNo security assistance (as such term is defined in section 502B) and no defense article or defense service subject to the requirements of section 36 of the Arms Export Control Act may be furnished to any foreign country if the Secretary of State certifies to the appropriate congressional committees that such foreign country has unlawfully killed or fatally injured humanitarian aid workers or refused reasonable requests to furnish relevant information to the Secretary of the United States, unless the Secretary of State also certifies to the appropriate congressional committees that, in the determination of the Secretary, such foreign country— (A)has taken sufficient action to investigate previous violations, adopt corrective actions, take effective steps to bring the responsible members of the security force unit to justice, and coordinate active humanitarian aid missions; and (B)will enable humanitarian aid workers to participate in such missions without being unlawfully killed or fatally injured. (2)ApplicabilityA certification under paragraph (1) shall be submitted not later than 15 days before the entry into effect of such certification. (b)Aid Worker Independent Inquiry Group (1)EstablishmentNot later than 60 days after appointment of the Special Envoy for Humanitarian Aid Workers, the President shall establish an interagency group, to be known as the Aid Worker Independent Inquiry Group (in this section referred to as the Group), to assess and analyze the death or detention of any individual participating in an active humanitarian aid mission after the date of the enactment of this Act. (2)MembershipThe Group shall be led by the Special Envoy and consist of such number of representatives as the Special Envoy may determine appropriate from— (A)the Department of Justice; (B)the Department of State, including— (i)relevant embassies; (ii)the Office of Foreign Assistance; and (iii)relevant offices under the Undersecretary for Political Affairs; (C)the Federal Bureau of Investigation; (D)the Office of the Director of National Intelligence; and (E)any other Federal department or agency that the Special Envoy may determine appropriate. (3)Report to CongressNot later than 90 days after the incidence of a death or detention described in paragraph (1), the Special Envoy, in coordination with the Group, shall submit to Congress a report that includes— (A)the cause of such death or detention; (B)with respect to a death— (i)a description of the events leading up to such death; (ii)if the military of a foreign country is responsible for causing the death of any such aid worker; (iii)an assessment of the circumstances surrounding such death, including the information available to and intentions of the unit of such military involved; (iv)information on the source of such death, including the type of munitions used in connection with such death, if any; (v)whether it is more likely than not that any defense article used was transferred from the United States or purchased by the perpetrator from United States assistance; and (vi)any other detail that the Special Envoy determines relevant to the circumstances of the death; (C)with respect to a detention, information on the grounds for such detention, including any criminal charges and evidence against the detainee; (D)an assessment of the degree of cooperation with the investigation of the death or detention by the relevant foreign country, including whether such country has furnished all requested information; and (E)a final assessment as to whether such death or detention was consistent with the laws of the international community, of the host country, and the Department of Defense’s Law of War Manual. (c)DefinitionsIn this section: (1)Active humanitarian aid missionThe term active humanitarian aid mission means an ongoing, organized effort outside the United States where United States humanitarian assistance is being delivered or administered by the international community, individual countries, or international organizations to prevent and control non-political and non-military crises and to mitigate their effects. (2)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committees on Appropriations of the House of Representatives and Senate; (B)the Committee on Foreign Affairs of the House of Representatives; and (C)the Committee on Foreign Relations of the Senate. (3)Humanitarian aid workerThe term humanitarian aid worker means an individual participating in an active humanitarian aid mission to provide assistance and resources to those in need. (4)Unlawful killingThe term unlawful killing means the use of lethal force by a government or its agents that— (A)if in a state of armed conflict, is inconsistent with the requirements of international humanitarian law that are enshrined as principles in the United States Department of Defense Law of War Manual; or (B)if outside of a state of armed conflict, would constitute homicide as defined in section 1111 or 1112 of title 18, United States Code. .

620N. Prohibition on assistance to countries that unlawfully kill or fatally injure humanitarian aid workers No security assistance (as such term is defined in section 502B) and no defense article or defense service subject to the requirements of section 36 of the Arms Export Control Act may be furnished to any foreign country if the Secretary of State certifies to the appropriate congressional committees that such foreign country has unlawfully killed or fatally injured humanitarian aid workers or refused reasonable requests to furnish relevant information to the Secretary of the United States, unless the Secretary of State also certifies to the appropriate congressional committees that, in the determination of the Secretary, such foreign country— has taken sufficient action to investigate previous violations, adopt corrective actions, take effective steps to bring the responsible members of the security force unit to justice, and coordinate active humanitarian aid missions; and will enable humanitarian aid workers to participate in such missions without being unlawfully killed or fatally injured. A certification under paragraph (1) shall be submitted not later than 15 days before the entry into effect of such certification. Not later than 60 days after appointment of the Special Envoy for Humanitarian Aid Workers, the President shall establish an interagency group, to be known as the Aid Worker Independent Inquiry Group (in this section referred to as the Group), to assess and analyze the death or detention of any individual participating in an active humanitarian aid mission after the date of the enactment of this Act. The Group shall be led by the Special Envoy and consist of such number of representatives as the Special Envoy may determine appropriate from— the Department of Justice; the Department of State, including— relevant embassies; the Office of Foreign Assistance; and relevant offices under the Undersecretary for Political Affairs; the Federal Bureau of Investigation; the Office of the Director of National Intelligence; and any other Federal department or agency that the Special Envoy may determine appropriate. Not later than 90 days after the incidence of a death or detention described in paragraph (1), the Special Envoy, in coordination with the Group, shall submit to Congress a report that includes— the cause of such death or detention; with respect to a death— a description of the events leading up to such death; if the military of a foreign country is responsible for causing the death of any such aid worker; an assessment of the circumstances surrounding such death, including the information available to and intentions of the unit of such military involved; information on the source of such death, including the type of munitions used in connection with such death, if any; whether it is more likely than not that any defense article used was transferred from the United States or purchased by the perpetrator from United States assistance; and any other detail that the Special Envoy determines relevant to the circumstances of the death; with respect to a detention, information on the grounds for such detention, including any criminal charges and evidence against the detainee; an assessment of the degree of cooperation with the investigation of the death or detention by the relevant foreign country, including whether such country has furnished all requested information; and a final assessment as to whether such death or detention was consistent with the laws of the international community, of the host country, and the Department of Defense’s Law of War Manual. In this section: The term active humanitarian aid mission means an ongoing, organized effort outside the United States where United States humanitarian assistance is being delivered or administered by the international community, individual countries, or international organizations to prevent and control non-political and non-military crises and to mitigate their effects. The term appropriate congressional committees means— the Committees on Appropriations of the House of Representatives and Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Foreign Relations of the Senate. The term humanitarian aid worker means an individual participating in an active humanitarian aid mission to provide assistance and resources to those in need. The term unlawful killing means the use of lethal force by a government or its agents that— if in a state of armed conflict, is inconsistent with the requirements of international humanitarian law that are enshrined as principles in the United States Department of Defense Law of War Manual; or if outside of a state of armed conflict, would constitute homicide as defined in section 1111 or 1112 of title 18, United States Code.