[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 982 Reported in House (RH)]






                                                  Union Calendar No. 70
110th CONGRESS
  1st Session
                                H. R. 982

                          [Report No. 110-119]

   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

                              May 2, 2007

   Additional sponsors: Mr. Blumenauer, Ms. Bordallo, Mr. Holt, Mr. 
                  Boozman, Mr. Rush, and Ms. Schwartz

                              May 2, 2007

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 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'';
            (2) in the third sentence, by striking ``The precepts'' and 
        inserting
            ``(2) The precepts'';
            (3) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively; and
            (4) by adding at the end the following new paragraph:
            ``(3) 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.
                                                  Union Calendar No. 70

110th CONGRESS

  1st Session

                               H. R. 982

                          [Report No. 110-119]

_______________________________________________________________________

                                 A BILL

   To promote democratic values and enhance democracy, and for other 
                               purposes.

_______________________________________________________________________

                              May 2, 2007

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed