[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 982 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 982
To promote democratic values and enhance democracy, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2007
Mr. Lantos (for himself, Mr. Wolf, Ms. Ros-Lehtinen, Mr. Price of North
Carolina, Mr. Dreier, Mr. Ackerman, Mr. Berman, Mr. Burton of Indiana,
Mr. Crowley, Ms. Jackson-Lee of Texas, Mr. Schiff, and Mr. Smith of New
Jersey) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To promote democratic values and enhance democracy, and for other
purposes.
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 ``Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of 2007'' or the
``ADVANCE Democracy Act of 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Statement of policy.
Sec. 5. Definitions.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
Sec. 101. Promotion of democracy in foreign countries.
Sec. 102. Reports.
Sec. 103. Democracy fellowship program.
Sec. 104. Advisory Committee on Democracy Promotion.
Sec. 105. Establishment and maintenance of internet site for global
democracy and human rights.
Sec. 106. Programs by United States missions in foreign countries and
activities of chiefs of mission.
Sec. 107. Training for foreign service officers.
Sec. 108. Performance pay; promotions; foreign service awards.
Sec. 109. Appointments.
TITLE II--COOPERATION WITH OTHER DEMOCRATIC COUNTRIES
Sec. 201. Cooperation with other democratic countries.
Sec. 202. Strengthening the Community of Democracies.
Sec. 203. Initiatives at the United Nations.
TITLE III--FUNDING FOR PROMOTION OF DEMOCRACY
Sec. 301. Policy.
Sec. 302. Human rights and democracy fund.
Sec. 303. Instruments for providing democracy assistance.
TITLE IV--PRESIDENTIAL ACTIONS
Sec. 401. Investigation of violations of international humanitarian
law.
SEC. 3. FINDINGS.
Congress finds the following:
(1) All human beings are created equal and possess certain
rights and freedoms, including the fundamental right to
participate in the political life and government of their
respective countries.
(2) The development of democracy constitutes a long-term
challenge that goes through unique phases and paces in
individual countries as such countries develop democratic
institutions such as a thriving civil society, a free media,
and an independent judiciary, and must be led from within such
countries, including by individuals, nongovernmental
organizations, and movements, and by nationals of such
countries who live abroad.
(3) Individuals, nongovernmental organizations, and
movements that support democratic principles, practices, and
values are under increasing pressure from governments of
nondemocratic countries (as well as, in some cases, in
democratic transition countries), including by using
administrative and regulatory mechanisms to undermine the
activities of such individuals, organizations, and movements.
(4) Democratic countries have a number of instruments
available for supporting democratic reformers who are committed
to promoting effective, nonviolent change in nondemocratic
countries and who are committed to keeping their countries on
the path to democracy.
(5) United States efforts to promote democracy and protect
human rights can be strengthened to improve assistance for such
reformers, including through an enhanced role for United States
diplomats when properly trained and given the right incentives.
(6) The promotion of democracy requires a broad-based
effort with collaboration between all democratic countries,
including through the Community of Democracies.
SEC. 4. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to promote freedom and democracy in foreign countries
as a fundamental component of United States foreign policy,
along with other key foreign policy goals;
(2) to affirm fundamental freedoms and human rights in
foreign countries and to condemn offenses against those
freedoms and rights as a fundamental component of United States
foreign policy, along with other key foreign policy goals;
(3) to protect and promote fundamental freedoms and rights,
including the freedoms of association, of expression, of the
press, and of religion, and the right to own private property;
(4) to promote democracy through the promotion of
democratic institutions, including institutions that support
the rule of law (such as an independent judiciary), an
independent and professional media, strong legislatures, a
thriving civil society, transparent and professional
independent governmental auditing agencies, civilian control of
the military, and institutions that promote the rights of
minorities and women;
(5) to provide appropriate support to individuals
nongovernmental organizations, and movements located in
nondemocratic countries that aspire to live in freedom and
establish full democracy in such countries;
(6) to provide, political, economic, and other support to
foreign countries and individuals, nongovernmental
organizations, and movements that are willingly undertaking a
transition to democracy; and
(7) to strengthen cooperation with other democratic
countries in order to better promote and defend shared values
and ideals.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Community of democracies and community.--The terms
``Community of Democracies'' and ``Community'' mean the
association of democratic countries committed to the global
promotion of democratic principles, practices, and values,
which held its First Ministerial Conference in Warsaw, Poland,
in June 2000.
(3) Department.--The term ``Department'' means the
Department of State.
(4) Eligible entity.--The term ``eligible entity'' means
any nongovernmental organization, international organization,
multilateral institution, private foundation, corporation,
partnership, association, or other entity, organization, or
group that supports democratic principles, practices, and
values and is engaged in, or plans to engage in, the promotion
of democracy and the protection of human rights in non-
democratic countries or democratic transition countries.
(5) Eligible individual.--The term ``eligible individual''
means any individual who supports democratic principles,
practices, and values and is engaged in, or who intends to
engage in, the promotion of democracy or the protection of
human rights in non-democratic countries or democratic
transition countries.
(6) Nondemocratic or democratic transition country.--The
term ``nondemocratic or democratic transition country'' shall
include any country which is not governed by a fully
functioning democratic form of government, as determined by the
Secretary, taking into account the general consensus regarding
the status of civil and political rights in a country by major
nongovernmental organizations that conduct assessments of such
conditions in countries and whether such country fails to
satisfy the following requirements:
(A) All citizens of such county have the right to,
and are not restricted in practice from, fully and
freely participating in the political life of such
country, regardless of gender, race, language,
religion, or beliefs.
(B) The national legislative body of such country
and, if directly elected, the head of government of
such country, are chosen by free, fair, open, and
periodic elections, by universal and equal suffrage,
and by secret ballot.
(C) More than one political party in such country
has candidates who seek elected office at the national
level and such parties are not restricted in their
political activities or their process for selecting
such candidates, except for reasonable administrative
requirements commonly applied in countries categorized
as fully democratic.
(D) All citizens in such country have a right to,
and are not restricted in practice from, fully
exercising the freedoms of thought, conscience, belief,
peaceful assembly and association, speech, opinion, and
expression, and such country has a free, independent,
and pluralistic media.
(E) The current government of such country did not
come to power in a manner contrary to the rule of law.
(F) Such country possesses an independent judiciary
and the government of such country generally respects
the rule of law.
(G) Such country does not violate other core
principles enshrined in the United Nations Charter, the
Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights,
United Nations Commission on Human Rights Resolution
1499/57 (entitled ``Promotion of the Right to
Democracy''), United Nations General Assembly
Resolution 55/96 (entitled ``Promoting and
consolidating democracy''), the assessments used to
determine eligibility for financial assistance
disbursed from the Millennium Challenge Account, the
assessments of nongovernmental organizations of
eligibility to participate in the meetings of the
Community of Democracies, and the standards established
and adopted by the Community of Democracies.
(7) Secretary.--The term ``Secretary'' means the Secretary
of State.
(8) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of State for Democracy and Global Affairs.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
SEC. 101. PROMOTION OF DEMOCRACY IN FOREIGN COUNTRIES.
(a) Additional Duties for Assistant Secretary of State for
Democracy, Human Rights, and Labor.--Section 1(c)(2)(A) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(2)) is
amended by inserting after the first sentence the following new
sentence: ``The Assistant Secretary of State for Democracy, Human
Rights, and Labor shall also be responsible for matters relating to the
transition to and development of democracy in nondemocratic countries,
including promoting and strengthening the development of democracy in
foreign countries that are in the early stages of a transition to
democracy and evaluating the effectiveness of United States programs
that promote democracy.''.
(b) Department of State and United States Missions Abroad.--
(1) Office related to democratic movements and
transitions.--
(A) Establishment.--There shall be within the
Bureau of Democracy, Human Rights, and Labor of the
Department of State at least one office that shall be
responsible for working with democratic movements and
facilitating the transition of nondemocratic countries
and democratic transition countries to full democracy.
(B) Purpose.--In addition to any other
responsibilities conferred on such an office or
offices, such office or offices shall promote
transitions to full democracy in nondemocratic
countries and democratic transition countries.
(C) Responsibilities.--The office or offices
shall--
(i) develop relations with, consult with,
and provide assistance to nongovernmental
organizations, individuals, and movements that
are committed to the peaceful promotion of
democracy, democratic principles, practices,
and values, and fundamental rights and
freedoms, including fostering relationships
with the United States Government and the
governments of other democratic countries; and
(ii) assist officers and employees of
regional bureaus to develop strategies and
programs to promote peaceful change in such
countries.
(D) Liaison.--Within each such office, there shall
be at least one officer or employee who shall have
expertise in and be responsible for working with
individuals, nongovernmental organizations and
movements that develop relations with, consult with,
and provide assistance to nongovernmental
organizations, individuals, and movements that are
committed to the peaceful promotion of democracy,
democratic principles, practices, and values, and
fundamental rights and freedoms.
(2) Democracy liaison officers.--
(A) Establishment.--The Secretary shall establish
and staff Democracy Liaison Officer positions, under
the supervision of the Assistant Secretary, who may be
assigned to the following posts:
(i) United States missions to or liaisons
with regional and multilateral organizations,
including the United States missions to the
European Union, African Union, Organization of
American States, and any other appropriate
regional organization, and the Organization for
Security and Cooperation in Europe, the United
Nations and its relevant specialized agencies,
and the North Atlantic Treaty Organization.
(ii) Department of State regional public
diplomacy centers.
(iii) United States combatant commands.
(iv) Other posts as designated by the
Secretary.
(B) Responsibilities.--Each Democracy Liaison
Officer shall--
(i) provide expertise on effective
approaches to promote and build democracy;
(ii) assist in conceiving and implementing
strategies for transitions to democracy; and
(iii) carry out such other responsibilities
as the Secretary and the Assistant Secretary
may assign.
(C) New positions.--The Democracy Liaison Officer
positions established under subparagraph (A) shall be
new positions, in addition to existing officer
positions in the Department with responsibility for
other human rights and democracy-related issues and
programs, including officers responsible for labor
issues.
(D) Relationship to other authorities.--Nothing in
this section may be construed as derogating any
authority or responsibility of a chief of mission or
other employee of a diplomatic mission of the United
States provided under any other provision of law,
including any authority or responsibility for the
development or implementation of strategies to promote
democracy.
(E) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such
sums as may be necessary to carry out the
responsibilities described in subparagraph (B),
including hiring additional staff to carry out such
responsibilities.
(3) Monitoring and documentation.--The Secretary should
coordinate with the Secretary of the Treasury, the Attorney
General, the Directory of National Intelligence, other
appropriate intelligence agencies, and, as appropriate, with
foreign governments to--
(A) monitor and document financial assets inside
and outside the United States held by leaders of
nondemocratic countries;
(B) identify close foreign associates of such
leaders; and
(C) monitor and document financial assets inside
and outside the United States held by such close
associates.
(4) Sense of congress regarding coordination.--It is the
sense of Congress that there should be three Deputy Assistant
Secretaries of State for Democracy, Human Rights, and Labor and
at least one such deputy assistant secretary should be
responsible for coordinating the promotion of democracy in
nondemocratic countries and democratic transition countries.
(5) Recruitment.--The Secretary shall seek to ensure that,
not later than December 31, 2012, not less than 50 percent of
the nonadministrative employees serving in the Bureau of
Democracy, Human Rights, and Labor are members of the Foreign
Service.
(c) Amendments to the Freedom Investment Act of 2002.--The Freedom
Investment Act of 2002 (subtitle E of title VI of Public Law 107-228)
is amended--
(1) in section 663(a), (relating to human rights activities
at the Department of State)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2)--
(i) by striking ``monitoring human rights
developments'' and all that follows through
``recommendation'' and inserting the following:
``monitoring and promoting democracy and human
rights in a foreign country should be made
after consultation with and upon the
recommendation''; and
(ii) by striking the period at the end and
inserting ``; and'';
(C) by adding at the end the following new
paragraph:
``(3) the level of seniority of any such political officer
should be in direct relationship to the severity of the
problems associated with the establishment of full democracy
and respect for human rights in such country.''; and
(2) in section 665(c) (relating to reports on actions taken
by the United States to encourage respect for human rights), by
striking the second sentence.
SEC. 102. REPORTS.
(a) Annual Strategy Report.--Section 116 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n) is amended--
(1) in subsection (d)--
(A) by striking paragraph (10) and redesignating
paragraph (11) as paragraph (10);
(B) by striking the period at the end of paragraph
(10) (as so redesignated) and inserting ``; and''; and
(C) by adding at the end the following new
paragraphs:
``(11) for each country with respect to which the report
indicates that extrajudicial killings, torture, or other
serious violations of human rights have occurred in the
country, a long term strategy, including a specific list of
priorities and an action plan, to end such practices in the
country, and any actions taken in the previous year to end such
practices; and
``(12)(A) a long term strategy to promote and achieve a
transition to full democracy and good governance in each
country described in subparagraph (B), developed following
consultations with nongovernmental organizations, individuals,
and movements that promote democratic principles, practices,
and values in each such country, including a specific list of
priorities, an action plan, and specific responsibilities and
activities for chiefs of missions to promote democracy, and any
actions taken in the previous year to advance such transition.
``(B) The countries referred to in subparagraph (A) shall
include any country which is not governed by a fully
functioning democratic form of government, as determined by the
Secretary, taking into account the general consensus regarding
the status of civil and political rights in a country by major
nongovernmental organizations that conduct assessments of such
conditions in countries and whether any such country fails to
satisfy the following requirements--
``(i) all citizens of such county have the right
to, and are not restricted in practice from, fully and
freely participating in the political life of such
country regardless of gender, race, language, religion,
or beliefs;
``(ii) the national legislative body of such
country and, if directly elected, the head of
government of such country, are chosen by free, fair,
open, and periodic elections, by universal and equal
suffrage, and by secret ballot;
``(iii) more than one political party in such
country has candidates who seek elected office at the
national level and such parties are not restricted in
their political activities or their process for
selecting such candidates, except for reasonable
administrative requirements commonly applied in
countries categorized as fully democratic;
``(iv) all citizens in such country have a right
to, and are not restricted in practice from, fully
exercising the freedoms of thought, conscience, belief,
peaceful assembly and association, speech, opinion, and
expression, and such country has a free, independent,
and pluralistic media;
``(v) the current government of such country did
not come to power in a manner contrary to the rule of
law;
``(vi) such country possesses an independent
judiciary and the government of such country generally
respects the rule of law; and
``(vii) such country does not violate other core
principles enshrined in the United Nations Charter, the
Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights,
United Nations Commission on Human Rights Resolution
1499/57 (entitled `Promotion of the Right to
Democracy'), United Nations General Assembly Resolution
55/96 (entitled `Promoting and consolidating
democracy'), the assessments used to determine
eligibility for financial assistance disbursed from the
Millennium Challenge Account, the assessments of
nongovernmental organizations of eligibility to
participate in the meetings of the Community of
Democracies, and the standards established and adopted
by the Community of Democracies.''; and
(2) by inserting at the end the following new subsection:
``(g) The information required in paragraphs (11) and (12) of
subsection (d) and in the sixth sentence of section 502B(b) may be
provided as separate reports not later than 90 days after the
submission of the reports required by such sections if the Secretary
determines that it is in the national security interests of the United
States, is necessary for the safety of individuals identified in such
reports, or is necessary to further the purposes of this Act. Any
information required by such paragraphs, including policies adopted or
actions taken by the United States, may be summarized in the report and
submitted in a classified addendum.''.
(b) Conforming Amendment.--Section 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304(b)), by striking the sixth
sentence and inserting the following new sentence: ``Such report shall
also include, for each nondemocratic country or democratic transition
country or country with respect to which the report indicates that
extrajudicial killings, torture, or other serious violations of human
rights have occurred in the country, a strategy, including a specific
list of priorities and an action plan, to end such practices and to
promote democracy in the country, and any actions taken in the previous
year to promote democracy in such country or end such practices in the
country.''.
(c) Classified Addendum.--If the Secretary determines that it is in
the national security interests of the United States, is necessary for
the safety of individuals identified in the strategy report required by
sections 116 or 502B of the Foreign Assistance Act of 1961 (as amended
by subsections (a) and (b)), or is necessary to further the purposes of
this Act, any information required by such sections, including policies
adopted or actions taken by the United States, may be summarized and
submitted to the appropriate congressional committees in more detail in
a classified addendum.
(d) Translation of Country Reports on Human Rights Practices.--The
Secretary shall expand the timely translation of the Country Reports on
Human Rights Practices required under sections 116 and 502B of the
Foreign Assistance Act of 1961, the Annual Report on International
Religious Freedom required under section 102(b) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6412(b)), the Trafficking in
Persons Report required under section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)), and any separate report on
democracy and human rights policy submitted in accordance with section
116(g) of the Foreign Assistance Act of 1961 into the principal
languages of as many countries as possible, with particular emphasis on
nondemocratic and democratic transition countries and countries in
which extrajudicial killings, torture, or other serious violations of
human rights have occurred.
SEC. 103. DEMOCRACY FELLOWSHIP PROGRAM.
(a) Establishment.--The Secretary shall establish a Democracy
Fellowship Program to enable Department of State officers to gain an
additional perspective on democracy promotion abroad by working on
democracy issues in congressional committees with oversight over the
subject matter of this Act, including the Committee on Foreign Affairs
and the Committee on Appropriations of the House of Representatives and
the Committee on Foreign Relations and the Committee on Appropriations
of the Senate, and in nongovernmental organizations involved in
democracy promotion. The Assistant Secretary for Democracy, Human
Rights, and Labor shall play a central role in the selection of
Democracy Fellows and facilitate their placement in appropriate
congressional offices and nongovernmental organizations.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State such sums as may be necessary to
carry out the establishment of the Democracy Fellowship Program
described in subsection (a), including hiring additional staff to carry
out such establishment.
SEC. 104. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.
(a) Study on Democracy Assistance.--The Advisory Committee on
Democracy Promotion shall conduct a study of United States democracy
assistance to determine the best practices for providing such
assistance to individuals, nongovernmental organizations, and movements
that are committed to the peaceful promotion of democracy and
democratic principles, practices, and values, with a view towards
making recommendations as to how to improve such assistance, including
the appropriate mechanisms for assistance, means of coordinating with
assistance programs of other countries, and the appropriate role for
international organizations in promoting democracy.
(b) Study on Personnel Practices.--The Advisory Committee on
Democracy shall conduct a study of personnel and training practices of
the Department of State relating to the promotion of democracy in order
to provide recommendations to the Secretary concerning improving
incentives for service in positions that have as their primary purpose
the promotion of democracy, the protection of human rights, or both,
improving the training of members of the Foreign Service and civil
service employees of the Department of State in the promotion of
democracy and the protection of human rights, and on other changes to
enhance the capacity of the Department of State to promote democracy
and protect human rights.
SEC. 105. ESTABLISHMENT AND MAINTENANCE OF INTERNET SITE FOR GLOBAL
DEMOCRACY AND HUMAN RIGHTS.
(a) Establishment.--In order to facilitate access by individuals
and nongovernmental organizations in foreign countries to documents,
streaming video and audio, and other media regarding democratic
principles, practices, and values, and the promotion and strengthening
of democracy, the Secretary of State, in cooperation with the Under
Secretary of State for Democracy and Global Affairs, the Under
Secretary of State for Public Diplomacy and Public Affairs, the
Assistant Secretary of State for Democracy, Human Rights, and Labor,
the Director of the Office International Religious Freedom, and the
Director of the Office to Monitor and Combat Trafficking shall
establish and maintain an Internet site for global democracy and human
rights.
(b) Contents.--The Internet site for global democracy established
under subsection (a) shall include the following information:
(1) Narratives and histories of significant democratic
movements in foreign countries, particularly regarding
successful nonviolent campaigns to oust dictatorships.
(2) Narratives relating to the importance of the
establishment of and respect for fundamental freedoms.
(3) Major human rights reports by the United States
Government or any other documents, references, or links to
external Internet sites the Secretary or Under Secretary and
Assistant Secretary determines appropriate, including reference
to or links to training materials regarding successful
movements in the past, including translations of such
materials, as appropriate.
SEC. 106. PROGRAMS BY UNITED STATES MISSIONS IN FOREIGN COUNTRIES AND
ACTIVITIES OF CHIEFS OF MISSION.
(a) Development of Programs To Promote Democracy in Foreign
Countries.--Each chief of mission in each nondemocratic or democratic
transition country shall--
(1) develop, as part of annual program planning, a strategy
to promote democracy in each such foreign country and to
provide visible and material support to individuals and
nongovernmental organizations in each such country that are
committed to democratic principles, practices, and values, such
as--
(A) consulting and coordinating with such
individuals and organizations regarding the promotion
of democracy;
(B) visiting local landmarks and other local sites
associated with nonviolent protest in support of
democracy and freedom from oppression;
(C) holding periodic public meetings with such
individuals and organizations to discuss democracy and
political, social, and economic freedoms;
(D) issuing public condemnation of severe
violations of internationally recognized human rights
(as such term is described in section 116(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(a)),
violations of religious freedom, including particularly
severe violations of religious freedom (as such terms
are defined in paragraphs (11) and (13) of section 3 of
the International Religious Freedom Act of 1998 (22
U.S.C. 6402)), political repression, and government-
tolerated or -condoned trafficking in persons; and
(E) providing technical, financial, and such other
support to such individuals and organizations;
(2) hold ongoing discussions with the leaders of each such
nondemocratic country or democratic transition country
regarding a transition to full democracy and the development of
political, social, and economic freedoms and respect for human
rights, including freedom of religion or belief, in such
country; and
(3) conduct meetings with civil society, interviews with
media that can directly reach citizens of each such country,
and discussions with students and young people of each such
country regarding a transition to democracy and the development
of political, social, and economic freedoms in each such
country.
(b) Public Outreach in Foreign Countries.--Each chief of mission or
principal officer shall spend time at universities and other
institutions of higher learning to--
(1) debate and discuss values and policies that promote
democracy; and
(2) communicate, promote, and defend such United States
values and policies.
(c) Access to United States Missions.--The Secretary is encouraged
to allow access to a United States diplomatic or consular mission in
each nondemocratic or democratic transition country by individuals and
representatives of nongovernmental organizations in each such country
who are committed to democratic principles, practices, and values in
each such country.
SEC. 107. TRAINING FOR FOREIGN SERVICE OFFICERS.
(a) Training in Democracy and the Promotion of Democracy and Human
Rights.--Section 708 of the Foreign Service Act of 1980 (22 U.S.C.
4028) is amended by adding at the end the following new subsection:
``(c) Training on Global Democracy Promotion.--
``(1) In general.--In addition to the training required
under subsections (a) and (b), the Secretary of State, in
cooperation with other relevant officials, including the Under
Secretary of State for Democracy and Global Affairs, and the
Director of the National Foreign Affairs Training Center of the
Foreign Service Institute of the Department of State, shall
establish as part of the training provided after December 31,
2007, for members of the Service, including all chiefs of
mission and deputy chiefs of mission, instruction in how to
strengthen and promote democracy through peaceful means in
consultation with individuals and nongovernmental organizations
that support democratic principles, practices, and values. In
particular, such instruction shall be mandatory for members of
the Service having reporting or other responsibilities relating
to internal political developments and human rights, including
religious freedom, in nondemocratic countries or democratic
transition countries as defined in section 5 of the ADVANCE
Democracy Act of 2007, including for chiefs of mission and
deputy chiefs of mission, and shall be completed before the
time that such member or chief of mission assumes a post (or,
if such is not practical, within the first year of assuming
such post).
``(2) Contents of training.--The training required under
paragraph (1) shall include instruction, a training manual, and
other materials regarding the following:
``(A) International documents and United States
policy regarding electoral democracy and respect for
human rights.
``(B) United States policy regarding the promotion
and strengthening of democracy around the world, with
particular emphasis on the transition to democracy in
nondemocratic countries.
``(C) For any member, chief of mission, or deputy
chief of mission who is to be assigned to a
nondemocratic or democratic transition country,
instruction regarding ways to promote democracy in such
country and providing technical, financial, and other
support to individuals (including expatriated citizens)
and nongovernmental organizations in such country that
support democratic principles, practices, and values.
``(D) The protection of internationally recognized
human rights (including the protection of religious
freedom) and standards related to such rights,
provisions of United States law related to such rights,
diplomatic tools to promote respect for such rights,
the protection of individuals who have fled their
countries due to violations of such rights (including
the role of United States diplomatic and consular
missions in providing access to the United States
Refugee Admissions Program) and the relationship
between respect for such rights and democratic
development and national security. The Director of the
National Foreign Affairs Training Center of the Foreign
Service Institute of the Department of State shall
consult with nongovernmental organizations involved in
the protection and promotion of such rights and the
United States Commission on International Religious
Freedom (established under section 201(a) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6431(a)) in developing the training required by this
subparagraph.''.
(b) Other Training.--The Secretary shall ensure that the training
described in subsection (c) of section 708 of the Foreign Service Act
of 1980 (as added by subsection (a)) is provided to members of the
civil service who are assigned in the United States or abroad who have
reporting or other responsibilities relating to internal political
developments and human rights in nondemocratic countries or democratic
transition countries.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to develop
appropriate programs and materials to accomplish the training required
under subsection (c) of section 708 of the Foreign Service Act of 1980.
(d) Clerical Amendments.--Section 708 of the Foreign Service Act of
1980, as amended by subsection (a), is further amended--
(1) in subsection (a) by striking ``(a) The'' and inserting
``(a) Training on Human Rights.--The''; and
(2) in subsection (b), by striking ``(b) The'' and
inserting ``(b) Training on Refugee Law and Religious
Persecution.--The''.
(e) One-Time Report on Training and Guidelines for Foreign Service
Officers and Chiefs of Mission.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a one-time report containing a
description of the training provided to Foreign Service officers in
human rights and democracy promotion, including such training provided
to chiefs of mission serving or preparing to serve in nondemocratic
countries or democratic transition countries, and plans for an
expansion of such training.
SEC. 108. PERFORMANCE PAY; PROMOTIONS; FOREIGN SERVICE AWARDS.
(a) Performance Pay.--Section 405(d) of the Foreign Service Act of
1980 (22 U.S.C. 3965(d)) is amended by inserting after the second
sentence the following new sentence: ``Meritorious or distinguished
service in the promotion of democracy in foreign countries, including
contact with and support of individuals and nongovernmental
organizations that promote democracy in nondemocratic countries or
democratic transition countries, as defined in section 5 of the ADVANCE
Democracy Act of 2007, shall also serve as a basis for granting awards
under this section.''.
(b) Promotions.--Section 603(b) of the Foreign Service Act of 1980
(22 U.S.C. 4003(b)) is amended--
(1) by striking ``(b) Precepts'' and inserting ``(b)(1)
Precepts''; and
(2) by adding at the end the following new paragraph:
``(2) Precepts for selection boards shall also, where
applicable, include a specific precept evaluating whether
members of the Service and members of the Senior Foreign
Service have met the standards of performance established by
the Secretary pursuant to section 108(c) of the ADVANCE
Democracy Act of 2007, or have served in a position in which
the primary responsibility is to monitor or promote democracy
or human rights.''.
(c) Regulations and Evaluations Concerning Standards of Performance
and Programs To Promote Democracy.--With respect to members of the
Foreign Service, including all chiefs of mission, who are assigned to
nondemocratic countries or democratic transition countries, the
Secretary shall prescribe regulations concerning the standards of
performance to be met under sections 405(d) and 603(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3965(d) and 4003(b)), as amended by
subsections (a) and (b), respectively, and the development of programs
to promote democracy in foreign countries under section 106. The
requirements of section 106 shall serve as one of the bases for
performance criteria in evaluating chiefs of mission and those members
of the Service serving in a position in which the primary
responsibility is to monitor or promote democracy or human rights.
(d) Foreign Service Awards.--Section 614 of the Foreign Service Act
of 1980 (22 U.S.C. 4013) is amended by adding at the end the following
new sentence: ``Distinguished or meritorious service in the promotion
of democracy in foreign countries, including contact with and support
of individuals and nongovernmental organizations that promote democracy
in a nondemocratic country or democratic transition country, as defined
in section 5 of the ADVANCE Democracy Act of 2007, shall also serve as
a basis for granting awards under this section.''.
SEC. 109. APPOINTMENTS.
Section 304(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3944(a)(1)) is amended by adding at the end the following new sentence:
``If the country in which the individual is to serve is a nondemocratic
country or a democratic transition country as defined in section 5 of
the ADVANCE Democracy Act of 2007, the individual should possess
clearly demonstrated competence in and commitment to the promotion of
democracy, including competence in promoting democratic principles,
practices, and values, such as through regular interaction with
individuals, including students and young people, who support and
advocate such principles, practices, and values.''.
TITLE II--COOPERATION WITH OTHER DEMOCRATIC COUNTRIES
SEC. 201. COOPERATION WITH OTHER DEMOCRATIC COUNTRIES.
(a) Finding.--Congress finds that it is in the national interest of
the United States, including for humanitarian, economic, social,
political, and security reasons, to forge alliances with democratic
countries to work together to promote and protect--
(1) shared democratic principles, practices, and values;
and
(2) political, social, and economic freedoms around the
world.
(b) Purposes.--The purposes of this title are to encourage new ways
of cooperating closely with democratic countries, including through the
Community of Democracies, in order to--
(1) promote and protect democratic principles, practices,
and values, including the right to free, fair, and open
elections, secret balloting, and universal suffrage;
(2) promote and protect fundamental shared political,
social, and economic freedoms, including the freedoms of
association, of expression, of the press, of religion, and to
own private property;
(3) promote and protect respect for the rule of law;
(4) develop, adopt, and pursue strategies to advance common
interests in international organizations and multilateral
institutions to which members of the alliance of democratic
countries belong; and
(5) provide political, economic, and other necessary
support to countries that are undergoing a transition to
democracy.
(c) Sense of Congress Regarding Participation.--It is the sense of
Congress that nondemocratic countries should not participate in any
association or group of democratic countries aimed at working together
to promote democracy.
SEC. 202. STRENGTHENING THE COMMUNITY OF DEMOCRACIES.
(a) Sense of Congress Regarding Formal Mechanisms for the Community
of Democracies.--It is the sense of Congress that the Community of
Democracies should develop a more formal mechanism for carrying out
work between ministerial meetings, such as through the creation of a
permanent secretariat with appropriate staff to carry out such work,
and should establish a headquarters.
(b) Detail of Personnel.--The Secretary is authorized to detail on
a nonreimbursable basis any employee of the Department of State to any
permanent secretariat of the Community of Democracies or to any country
that is a member of the Convening Group of the Community of
Democracies.
(c) Sense of Congress Regarding Regional Group in the Community of
Democracies.--It is the sense of Congress that regional groups within
the Community of Democracies should be established and strengthened in
order to facilitate coordination of common positions and action on
multilateral strategies to promote and consolidate democracy.
(d) International Center for Democratic Transition.--
(1) Sense of congress.--It is the sense of Congress that
the United States should, along with contributions from private
individuals, support the initiative of the Government of
Hungary and the governments of other European countries to
establish a International Center for Democratic Transition to
support transitions to full democracy in nondemocratic
countries and democratic transition countries.
(2) Authorization of appropriations.--There is authorized
to be appropriated for a grant to the International Center for
Democratic Transition $1,000,000 for each of fiscal years 2008,
2009, and 2010. Amounts appropriated under this paragraph are
authorized to remain available until expended.
(e) Sense of Congress Regarding Establishment of Office.--It is the
sense of Congress that the Secretary should establish an office of
multilateral democracy promotion to address issues related to the
Community of Democracies and democracy promotion activities in
international organizations, such as the United Nations.
SEC. 203. INITIATIVES AT THE UNITED NATIONS.
(a) United Nations Democracy Caucus.--It is the sense of Congress
that the United States should continue to support a Democracy Caucus at
the United Nations and that the creation of a Democracy Caucus in each
international organization and multilateral institution of which the
United States is a member will not only improve the internal governance
of such organizations and institutions but will also strengthen the
implementation of commitments by such organizations and institutions
regarding democracy and human rights.
(b) United Nations Democracy Fund.--
(1) Sense of congress.--It is the sense of Congress that
the United States should continue to contribute to and work
with other countries to enhance the goals and work of the
United Nations Democracy Fund.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of fiscal years 2008 and 2009 such
sums as may be necessary to provide for a United States
contribution to the United Nations Democracy Fund.
TITLE III--FUNDING FOR PROMOTION OF DEMOCRACY
SEC. 301. POLICY.
It shall be the policy of the United States to provide financial
assistance to eligible entities and eligible individuals in order to
promote democracy in nondemocratic countries and democratic transition
countries.
SEC. 302. HUMAN RIGHTS AND DEMOCRACY FUND.
(a) Sense of Congress Regarding Purposes of the Human Rights and
Democracy Fund.--It is the sense of Congress that the Human Rights and
Democracy Fund should continue to be used for innovative approaches to
promoting democracy and human rights and to support strategies
developed pursuant to section 116 of the Foreign Assistance Act of
1961, as amended by section 102(a)(1)(C) of this Act, in nondemocratic
countries and democratic transition countries.
(b) Administrative Authorities.--Assistance provided through the
Human Rights and Democracy Fund may be provided to eligible entities
and eligible individuals in foreign countries, notwithstanding any
provision of law that prohibits assistance to a foreign country or to a
government of a foreign country.
(c) Annual Report on the Status of the Human Rights and Democracy
Fund.--Not later than 60 days after the conclusion of each fiscal year,
the Assistant Secretary of State for Democracy, Human Rights, and Labor
shall submit to the appropriate congressional committees an annual
report on the status of the Human Rights and Democracy Fund. Each such
annual report shall contain the following information:
(1) An identification of each eligible entity and eligible
individual who received assistance during the previous fiscal
year under subsection (b) and a summary of the activities of
each such recipient.
(2) An account of projects funded and outside contributions
received during the previous fiscal year.
(3) A balance sheet of income and outlays current as of the
conclusion of the fiscal year to which such report is relevant.
(d) Authorization of Appropriations.--
(1) In general.--Of the funds available to carry out
chapter 4 of Part II of the Foreign Assistance Act of 1961 for
each of fiscal years 2008 and 2009, there are authorized to be
appropriated to the Human Rights and Democracy Fund to carry
out the purposes of this section $50,000,000 for fiscal year
2008 and $60,000,000 for fiscal year 2009. Amounts appropriated
under this section are authorized to remain available until
expended.
(2) Administrative expenses.--Not more than five percent of
amounts appropriated to the Human Rights and Democracy Fund for
each fiscal year may be applied toward administrative expenses
associated with carrying out this section.
(3) Contributions.--The Secretary may accept contributions
to the Human Rights and Democracy Fund from the governments of
other democratic countries, private foundations, private
citizens, and other nongovernmental sources. Any such
contributions shall be merged into such Fund and shall be
available to the same extent and under the same conditions as
other amounts available to the Fund.
SEC. 303. INSTRUMENTS FOR PROVIDING DEMOCRACY ASSISTANCE.
(a) Findings.--Congress finds the following:
(1) Democracy assistance has many different forms,
including assistance to promote the rule of law, build the
capacity of civil society, political parties, and legislatures,
improve the independence of the media and the judiciary,
enhance independent auditing functions, and advance security
sector reform.
(2) Assistance through United States non-governmental
organizations in the form of grants and cooperative agreements
can play a key role in that such organizations frequently have
long-standing relationships with individuals and
nongovernmental organizations that support democratic
principles, practices, and values in foreign countries, and
have other means that enable them to foster those
relationships, and allow assistance to be provided without
direct government involvement that could undermine the purpose
of such assistance (by, for example, creating an appearance of
outside interference).
(3) Contracts and other acquisition mechanisms, because of
their more direct association with and control by the United
States Government, may not be as effective as non-governmental
organizations in working to build the political capacity of
civil society, political parties, and legislatures, but have an
appropriate role to play in providing certain technical
solutions and related assistance in such areas as fostering
independence of the judiciary, providing modern infrastructures
for parliaments, increasing capacity of executive auditing
functions, and working in other government-to-government areas
where the involvement of United States officials and employees
is appropriate.
(4) There is a need for greater clarity on the proper roles
for such methods in order to improve the effectiveness of
United States democracy assistance.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary and the Administrator of the United States Agency for
International Development should develop guidelines, in consultation
with the appropriate congressional committees, building on the existing
framework for grants, cooperative agreements, and contracts and other
acquisition mechanisms to clarify for diplomatic and consular missions
abroad the appropriate roles for the methods referred to in subsection
(a) with respect to democracy assistance, including taking into account
the advantages of each such method.
TITLE IV--PRESIDENTIAL ACTIONS
SEC. 401. INVESTIGATION OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN
LAW.
(a) In General.--The President, with the assistance of the
Secretary, the Under Secretary of State for Democracy and Global
Affairs, and the Ambassador-at-Large for War Crimes Issues, shall
collect information regarding incidents that may constitute crimes
against humanity, genocide, slavery, or other violations of
international humanitarian law by leaders or other government officials
of nondemocratic countries or democratic transition countries.
(b) Accountability.--The President shall consider what actions can
be taken to ensure that such leaders or other government officials of
foreign countries who are identified in accordance with subsection (a)
as responsible for crimes against humanity, genocide, slavery, or other
violations of international humanitarian law are brought to account for
such crimes in an appropriately constituted tribunal, including
enhancing the capacity of United States diplomatic missions to
implement restrictions on assistance to individuals or entities,
including military units, that commit gross violations of human rights,
such as through training on the use of existing databases for
documenting and monitoring such violations.
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