H.R. 2412 — Indigenous Diplomacy and Engagement Act

This section states congressional findings on Indigenous Peoples worldwide, including (1) an estimated 476 million such peoples who share collective ancestral ties to lands and natural resources along with unique cultures, languages, and traditions; (2) their common challenge and goal of preserving and protecting ancestral lands, natural resources, cultures, languages, and traditions; (3) international recognition of their status, rights, challenges, and goals, including by the United Nations Declaration on the Rights of Indigenous Peoples (September 13, 2007); and (4) the need for the United States to expand direct engagement with them to assist in achieving their goals and addressing common challenges and opportunities.

This section directs the President, acting through the Coordinator for Indigenous Affairs, to develop and implement a comprehensive 5-year international strategy for promoting diplomacy and engagement with Indigenous peoples in at least 10 and not more than 20 geographically, ethnically, and culturally diverse countries with significant Indigenous populations. Not later than 1 year after enactment of this Act, and every 5 years thereafter, the President must submit the strategy to the appropriate congressional committees. The strategy must include (1) an assessment for each identified country of current U.S. diplomacy and engagement, host government efforts on people-to-people ties, opportunities to enhance U.S. efforts in support of foreign policy goals, and metrics to evaluate progress; (2) a plan outlining specific programs, activities, or efforts—developed in cooperation with host governments and coordinated with existing initiatives, nongovernmental organizations, civil society, and Indigenous groups—to promote such diplomacy and engagement; (3) general annual resource levels needed to implement the plan, accounting for host country, multilateral, and private sector contributions; (4) identification of relevant federal departments and agencies; and (5) each agency's anticipated technical, financial, and in-kind contributions. In developing the strategy, the President must consult the Secretary of State, Secretary of the Interior, USAID Administrator, Millennium Challenge Corporation CEO, U.S. International Development Finance Corporation CEO, Advisory Commission on Indigenous Peoples, and relevant nongovernmental organizations. The section requires that strategy implementation prioritize maximum impact and long-term sustainability.

This section establishes the Office for Indigenous Affairs within the Department of State to coordinate federal diplomacy and engagements with international Indigenous peoples. The office is headed by a Coordinator for Indigenous Affairs—appointed by the President with Senate confirmation, reporting directly to the Secretary of State, and holding the rank of Ambassador at Large—who serves as the Secretary's principal advisor on such matters; represents the United States in relevant diplomatic contacts and multilateral forums; and performs duties that include (1) designing and overseeing related federal activities and programs; (2) directing resources to enhance diplomatic exchanges and support a comprehensive international strategy; (3) coordinating policies, programs, and funding across specified agencies (i.e., State, USAID, Interior, Millennium Challenge Corporation, and Development Finance Corporation); (4) developing policies on Indigenous health, education, economic development, human rights, and humanitarian protection; and (5) encouraging agency-specific programmatic guidelines. This section authorizes appropriations of such sums as necessary for the office, to remain available until expended and to supplement (not supplant) other related funding.

This section requires the Secretary of State, acting through the Coordinator for Indigenous Affairs, to submit to the appropriate congressional committees a report titled “Report on International Indigenous Diplomacy and Engagement” not later than one year after submission of the comprehensive international strategy under section 3 and every four years thereafter. The report must include (1) the goals and objectives of that strategy; (2) the Coordinator's assessment of its effectiveness to date, including specific assessment criteria; (3) a description of coordination of all federal resources and international activities to engage with and support international Indigenous peoples, identifying involved federal departments or agencies, coordination among their heads, and coordination with non-federal entities (e.g., foreign governments, multilateral organizations and institutions, nongovernmental organizations); (4) the relationship between such efforts, other U.S. assistance strategies in developing countries, and diplomatic relationships with those countries; (5) efforts to design, support, and implement activities responding to needs of international Indigenous peoples in furtherance of U.S. diplomatic and peacemaking initiatives; (6) data collection efforts under programs authorized by this Act; (7) significant efforts by bilateral or multilateral donors supporting international Indigenous peoples; (8) identification of all contractors, subcontractors, grantees, and subgrantees receiving U.S. funds for such programs; (9) recommendations on best practices, effective strategies, and improvements to enhance impacts; and (10) a description of U.S. resources used to implement the strategy, respond to needs of international Indigenous peoples, promote equity and their status, and encourage engagement and support for their participation in decisions affecting their lands, cultures, traditions, natural resource allocation, and civil and political rights.

This section establishes an Advisory Commission on Indigenous Peoples within the Department of State, chaired by the Coordinator for Indigenous Affairs and composed of 17 members: (1) 8 appointed by the Secretary of State from non-federal employees with expertise in Indigenous history, diplomacy, human rights, or international law; (2) 3 appointed by the President pro tempore of the Senate upon joint recommendation of Majority and Minority Leaders; (3) 3 appointed by the Speaker of the House of Representatives upon joint recommendation of Majority and Minority Leaders; and (4) 1 representative each from the National Congress of American Indians, Alaska Federation of Natives, and Office of Hawaiian Affairs. The commission must (1) annually recommend best practices to the Secretary of State for diplomacy and engagement with international Indigenous peoples and integration into U.S. foreign policy, including assistance programs; and (2) consult with federal officials, domestic and international Indigenous leaders, and private experts. The commission may hold hearings and, by April 1 each year, must submit a report with findings and recommendations to the President, Secretary of State, and appropriate congressional committees. Appointees under (1)-(3) above serve 3-year terms (eligible for reappointment), with appointments due within 120 days of enactment; members receive travel expenses and per diem.

This section establishes training on the history and culture of Indigenous communities near overseas posts of assignment, along with guidance on engaging with and providing direct support to individuals from those communities, as part of standard pre-departure training for chiefs of mission, deputy chiefs of mission, and other Foreign Service officers. The Secretary of State, acting through the Coordinator for Indigenous Affairs, must provide the training.

This section defines terms for purposes of the Act, including (1) "appropriate congressional committees" as the House Committees on Foreign Affairs and Natural Resources and the Senate Committees on Foreign Relations and Indian Affairs; (2) "Coordinator" as the Coordinator for Indigenous Affairs appointed under section 4(b); (3) "domestic Indigenous peoples" as Indians (per 25 U.S.C. 450b(d)), Native Hawaiians (per 20 U.S.C. 7517), Alaska Natives (per 43 U.S.C. 1602(b)), and Pacific Islanders (per 42 U.S.C. 2992c); (4) "Indigenous peoples" as groups designated as such by the Coordinator (including domestic and international Indigenous peoples); and (5) "international Indigenous peoples" as peoples indigenous to foreign countries or territories.