110 HR 982 RH: To promote democratic values and enhance
U.S. House of Representatives
2007-05-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.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
.
2.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.
3.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.
4.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.
5.In this Act:
(1)Appropriate
congressional committeesThe 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 CommunityThe 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)The
term Department
means the Department of State.
(4)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)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 countryThe 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)The
term Secretary
means the Secretary of State.
(8)The term Under Secretary
means the Under
Secretary of State for Democracy and Global Affairs.
<enum>I</enum><header>Department of
State activities</header>
<section id="H74E56691B9424B2C005BA1C1CD2AD78"><enum>101.</enum><header>Promotion of
democracy in foreign countries</header>
<subsection id="H6F379C5C27964232ADE63F49A21FA2D"><enum>(a)</enum><header>Additional duties
for Assistant Secretary of State for Democracy, Human Rights, and
Labor</header><text>Section 1(c)(2)(A) of the State Department Basic
Authorities Act of 1956 (<external-xref legal-doc="usc" parsable-cite="usc/22/2651a">22 U.S.C. 2651a(c)(2)</external-xref>) is amended by inserting after
the first sentence the following new sentence: <quote>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.</quote>.</text>
</subsection><subsection id="H798488C1FFF74656B02FA9D1DA08E83B"><enum>(b)</enum><header>Department of
State and United States missions abroad</header>
<paragraph id="HEEF6BA5A7325497A86DC909161B9E683"><enum>(1)</enum><header>Office related
to democratic movements and transitions</header>
<subparagraph id="H7510BF7A1C764D8DA31F4C659497B8F3"><enum>(A)</enum><header>Establishment</header><text>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.</text>
</subparagraph><subparagraph id="H895E48DF7F0741808CF4C3C6A18BA81"><enum>(B)</enum><header>Purpose</header><text>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.</text>
</subparagraph><subparagraph id="HE8A8F606BEBA44BFB0E6C3901F03F8A7"><enum>(C)</enum><header>Responsibilities</header><text>The
office or offices shall—</text>
<clause id="H5190A098DDAA4892A23FF1A891C4685"><enum>(i)</enum><text>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</text>
</clause><clause id="HD9DC2AE94DA5411A976003E59EEE92D3"><enum>(ii)</enum><text>assist officers
and employees of regional bureaus to develop strategies and programs to promote
peaceful change in such countries.</text>
</clause></subparagraph><subparagraph id="H63E5689A49A5474780CC965818A068D2"><enum>(D)</enum><header>Liaison</header><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph id="HBA76A6EBACE5453B803610058E20BE60"><enum>(2)</enum><header>Democracy
Liaison Officers</header>
<subparagraph id="HE785CDA1A2AE4FF4958E4400F7509289"><enum>(A)</enum><header>Establishment</header><text>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:</text>
<clause id="H0B04804B8ED44922867B217D380003D2"><enum>(i)</enum><text>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.</text>
</clause><clause id="H48FD95877033422F8C108E9F31241F8F"><enum>(ii)</enum><text>Department of
State regional public diplomacy centers.</text>
</clause><clause id="HB14AC4184F11453AA344A306F2520082"><enum>(iii)</enum><text>United States
combatant commands.</text>
</clause><clause id="H595C16808BA847628E8674DCBE665F0"><enum>(iv)</enum><text>Other posts as
designated by the Secretary.</text>
</clause></subparagraph><subparagraph id="H330A49CAA0E4466EA49B04048F00B4FC"><enum>(B)</enum><header>Responsibilities</header><text>Each
Democracy Liaison Officer shall—</text>
<clause id="H5DE404D6C13C4E3A00B6000952DFCFB7"><enum>(i)</enum><text>provide expertise
on effective approaches to promote and build democracy;</text>
</clause><clause id="HB45EEAEC3B1E43F580EE4BF4811E8713"><enum>(ii)</enum><text>assist in
conceiving and implementing strategies for transitions to democracy; and</text>
</clause><clause id="HD81BA858578F4E74B2003B57A8282D41"><enum>(iii)</enum><text>carry out such
other responsibilities as the Secretary and the Assistant Secretary may
assign.</text>
</clause></subparagraph><subparagraph id="H8B986549C50D4214A5CB55C6FB4663DE"><enum>(C)</enum><header>New
positions</header><text>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.</text>
</subparagraph><subparagraph id="HC5B76C8C269149458B2BB86C7C2B2E2C"><enum>(D)</enum><header>Relationship to
other authorities</header><text>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.</text>
</subparagraph><subparagraph id="H5B39B0866FE246B590D6C647C7DD00B4"><enum>(E)</enum><header>Authorization of
appropriations</header><text>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.</text>
</subparagraph></paragraph><paragraph id="H94BDF2B45D2746048FBF12540003769E"><enum>(3)</enum><header>Monitoring and
documentation</header><text>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—</text>
<subparagraph id="HB64ED5F6C91E48BEAAA25FAA17EAE31D"><enum>(A)</enum><text>monitor and
document financial assets inside and outside the United States held by leaders
of nondemocratic countries;</text>
</subparagraph><subparagraph id="HAC865F5BE40B44C488AF00718DDAB6C9"><enum>(B)</enum><text>identify close
foreign associates of such leaders; and</text>
</subparagraph><subparagraph id="H98FA762E4CCE4DFB8E98B7E4B5324626"><enum>(C)</enum><text>monitor and
document financial assets inside and outside the United States held by such
close associates.</text>
</subparagraph></paragraph><paragraph id="H7F8FDF636B104DF98F1050C816658042"><enum>(4)</enum><header>Sense of
Congress regarding coordination</header><text>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.</text>
</paragraph><paragraph id="HEFBA277739CF43D3ABB5E8B8AA6DA420"><enum>(5)</enum><header>Recruitment</header><text>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.</text>
</paragraph></subsection><subsection commented="no" id="H372948597B9447D39BBFC18BCB5172E"><enum>(c)</enum><header>Amendments to the
Freedom Investment Act of 2002</header><text>The Freedom Investment Act of 2002
(subtitle E of title VI of <external-xref legal-doc="public-law" parsable-cite="pl/107/228">Public Law 107–228</external-xref>) is amended—</text>
<paragraph commented="no" id="H22AD77CDB772451FA4D720566D2EC41B"><enum>(1)</enum><text>in section 663(a),
(relating to human rights activities at the Department of State)—</text>
<subparagraph commented="no" id="H1D908284048B40F795F2E302B586C5CE"><enum>(A)</enum><text>in paragraph (1),
by striking <quote>and</quote> at the end;</text>
</subparagraph><subparagraph commented="no" id="H94D42252BE1C4467A09D00B5CCBE02AA"><enum>(B)</enum><text>in paragraph
(2)—</text>
<clause commented="no" id="H9BDFBF39E82F409891305B52247BA5D"><enum>(i)</enum><text display-inline="yes-display-inline">by striking <quote>monitoring human rights
developments</quote> and all that follows through <quote>recommendation</quote>
and inserting the following: <quote>monitoring and promoting democracy and
human rights in a foreign country should be made after consultation with and
upon the recommendation</quote>; and</text>
</clause><clause commented="no" id="H8BD5580666704550AC6CB4E1AFC3D5A2"><enum>(ii)</enum><text>by striking the
period at the end and inserting <quote>; and</quote>;</text>
</clause></subparagraph><subparagraph commented="no" id="H76BDB9F92BD94518981D057DCF31718B"><enum>(C)</enum><text>by adding at the
end the following new paragraph:</text>
<quoted-block id="HC44AE284F66043BEB593FF68EDC6D4B" style="OLC">
<paragraph commented="no" id="H28FEAECA2FF64884B03CBCEAA223E56"><enum>(3)</enum><text>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.</text>
</paragraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph commented="no" id="H1212DC242D9D4954B2D3E8A85B7C5DD6"><enum>(2)</enum><text>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.</text>
</paragraph></subsection></section><section id="H63D4F85D82224B728BBF520034B1A6C3"><enum>102.</enum><header>Reports</header>
<subsection id="H774924FD80BD44F98B2201B0C11DD2A7"><enum>(a)</enum><header>Annual strategy
report</header><text>Section 116 of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n) is amended—</text>
<paragraph id="H411FBB57CAAB4E17B4B0B6E6DEF79194"><enum>(1)</enum><text>in subsection
(d)—</text>
<subparagraph id="H904919F55C334CDFAD36F4320043E2EC"><enum>(A)</enum><text>by striking
paragraph (10) and redesignating paragraph (11) as paragraph (10);</text>
</subparagraph><subparagraph id="H89C10AE0B3214672B6F6711026614C97"><enum>(B)</enum><text>by striking the
period at the end of paragraph (10) (as so redesignated) and inserting <quote>;
and</quote>; and</text>
</subparagraph><subparagraph id="H51D53866246147B899F7B0F102D7F242"><enum>(C)</enum><text>by adding at the
end the following new paragraphs:</text>
<quoted-block id="HC39EE03E6A8F489BBDD02B27054DC39F" style="OLC">
<paragraph id="H3A294D05EF614D03B03972A9AB7B646C"><enum>(11)</enum><text>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</text>
</paragraph><paragraph id="H3E29BB1C3E1D4B4FB193CB6BC579C00"><enum>(12)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="HC8D4330376A7440991F4B3816407525D"><enum>(A)</enum><text>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.</text>
</subparagraph><subparagraph id="H875C99424B2F4935969BB283E6F2578D" indent="up1"><enum>(B)</enum><text display-inline="yes-display-inline">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—</text>
<clause id="H730FF8B438454B6FA5F6D786AC9DDE13"><enum>(i)</enum><text>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;</text>
</clause><clause id="H9BC075788B9749FEB99E81024BEB00EA"><enum>(ii)</enum><text>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;</text>
</clause><clause id="H3556B9FAA0AE49858000194C8EDAF0A2"><enum>(iii)</enum><text>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;</text>
</clause><clause id="H639F833714DF440C8CB973E6EC005D12"><enum>(iv)</enum><text>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;</text>
</clause><clause id="H168D6582F7C84D6E00E3BE438EF56D6C"><enum>(v)</enum><text>the current government of such
country did not come to power in a manner contrary to the rule of law;</text>
</clause><clause id="H9996870B94F84BC5936D901462725E7C"><enum>(vi)</enum><text>such country possesses an
independent judiciary and the government of such country generally respects the
rule of law; and</text>
</clause><clause id="H8FE0C3DD86F04413AE8BC214DE00A5BF"><enum>(vii)</enum><text>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
<quote>Promotion of the Right to Democracy</quote>), United Nations General
Assembly Resolution 55/96 (entitled <quote>Promoting and consolidating
democracy</quote>), 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.</text>
</clause></subparagraph></paragraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="H3A6A80BD736347B38E5F484C6DAD1C7B"><enum>(2)</enum><text display-inline="yes-display-inline">by inserting at the end the following new
subsection:</text>
<quoted-block display-inline="no-display-inline" id="HBFE81F59B3CA42FBB6158FE1B65625D3" style="OLC">
<subsection id="H8B8301E3D9BA473200F39B64376697F"><enum>(g)</enum><text>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.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="HB7AE70D0694B46D7A6485D01EECEACD8"><enum>(b)</enum><header>Conforming
Amendment</header><text>Section 502B(b) of the Foreign Assistance Act of 1961
(<external-xref legal-doc="usc" parsable-cite="usc/22/2304">22 U.S.C. 2304(b)</external-xref>), by striking the sixth sentence and inserting the following
new sentence: <quote>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.</quote>.</text>
</subsection><subsection id="HD128D3FC04B04601BA7F99C00303F9C"><enum>(c)</enum><header>Classified
addendum</header><text>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.</text>
</subsection><subsection id="H8DB41119D5BE460C89DA4D5798F8FB9D"><enum>(d)</enum><header>Translation of
Country Reports on Human Rights Practices</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/22/6412">22 U.S.C. 6412(b)</external-xref>), the
Trafficking in Persons Report required under section 110(b) of the Trafficking
Victims Protection Act of 2000 (<external-xref legal-doc="usc" parsable-cite="usc/22/7107">22 U.S.C. 7107(b)</external-xref>), 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.</text>
</subsection></section><section id="HDE9F9B8BBB364DC99C003215E2FA76CB"><enum>103.</enum><header>Democracy
fellowship program</header>
<subsection id="H55A7FB483DFF4B1183ED665C28900070"><enum>(a)</enum><header>Establishment</header><text>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.</text>
</subsection><subsection id="H693E86FD1B304328BEE633C93807DFFB"><enum>(b)</enum><header>Authorization of
appropriations</header><text>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.</text>
</subsection></section><section id="H2EBFF468DD9C46D783D4ECD79670E8A3"><enum>104.</enum><header>Advisory
Committee on Democracy Promotion</header>
<subsection id="HFCCFD5940AD74A8A92F5170038BADAAA"><enum>(a)</enum><header>Study on
democracy assistance</header><text>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.</text>
</subsection><subsection id="H5A0143D0F0A54B180026CE9F86A49F11"><enum>(b)</enum><header>Study on
personnel practices</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="H8A04760A791F44FF848552466DC1738C"><enum>105.</enum><header>Establishment
and maintenance of internet site for global democracy and human rights</header>
<subsection id="H23F65C558C7147BCA8114C20D5D9CCEB"><enum>(a)</enum><header>Establishment</header><text>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.</text>
</subsection><subsection id="H4FADFE5B8B8C4AA3A28E532BCB097700"><enum>(b)</enum><header>Contents</header><text>The
Internet site for global democracy established under subsection (a) shall
include the following information:</text>
<paragraph id="H642ACC904DE8406EB463CF8B06C2BE42"><enum>(1)</enum><text>Narratives and
histories of significant democratic movements in foreign countries,
particularly regarding successful nonviolent campaigns to oust
dictatorships.</text>
</paragraph><paragraph id="HBC643EF892324F7A99ED563C00D60181"><enum>(2)</enum><text>Narratives
relating to the importance of the establishment of and respect for fundamental
freedoms.</text>
</paragraph><paragraph id="H00B7BB3CFD4F4E249671AD52B6CB51BB"><enum>(3)</enum><text>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.</text>
</paragraph></subsection></section><section id="H6130A87C176D4031A9AB0024917E9ED0"><enum>106.</enum><header>Programs by
United States missions in foreign countries and activities of chiefs of
mission</header>
<subsection id="H506FFE91758B44308EC3562C27F1ED00"><enum>(a)</enum><header>Development of
programs To promote democracy in foreign countries</header><text>Each chief of
mission in each nondemocratic or democratic transition country shall—</text>
<paragraph id="H9E8A8F5B7FD243279BD8C2295F80572"><enum>(1)</enum><text>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—</text>
<subparagraph id="H5A3746FDAA82478BB71D051E7E349832"><enum>(A)</enum><text>consulting and
coordinating with such individuals and organizations regarding the promotion of
democracy;</text>
</subparagraph><subparagraph id="H7448DFA8321149DF95BA8EC4E2F65956"><enum>(B)</enum><text>visiting local
landmarks and other local sites associated with nonviolent protest in support
of democracy and freedom from oppression;</text>
</subparagraph><subparagraph id="H102D26AF42E44F6D996164D32D548B76"><enum>(C)</enum><text>holding periodic
public meetings with such individuals and organizations to discuss democracy
and political, social, and economic freedoms;</text>
</subparagraph><subparagraph id="H9289968710B1469EBD602CA7F2DA4EE7"><enum>(D)</enum><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/22/2151n">22 U.S.C. 2151n(a)</external-xref>), 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 (<external-xref legal-doc="usc" parsable-cite="usc/22/6402">22 U.S.C. 6402</external-xref>)), political repression, and government-tolerated
or -condoned trafficking in persons; and</text>
</subparagraph><subparagraph id="H15AD42F3FFB44871B591C2B033FDD11"><enum>(E)</enum><text>providing
technical, financial, and such other support to such individuals and
organizations;</text>
</subparagraph></paragraph><paragraph id="H40C68A59CC5F44ABBEE0297DD9CEA2A3"><enum>(2)</enum><text>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</text>
</paragraph><paragraph id="H0C4047D6966B4943B682E7A5759CC6F8"><enum>(3)</enum><text>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.</text>
</paragraph></subsection><subsection id="H30E32A4DA5424942998B0004FB1FDFBB"><enum>(b)</enum><header>Public outreach
in foreign countries</header><text>Each chief of mission or principal officer
shall spend time at universities and other institutions of higher learning
to—</text>
<paragraph id="H9386359D8F794DD4BED5124E766800B4"><enum>(1)</enum><text>debate and discuss
values and policies that promote democracy; and</text>
</paragraph><paragraph id="HAB0A64EE2B0B439C9121989CED57FFF8"><enum>(2)</enum><text>communicate,
promote, and defend such United States values and policies.</text>
</paragraph></subsection><subsection id="H70ECBE05F7994A3B8E00CB6C7320691B"><enum>(c)</enum><header>Access to United
States missions</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="H763F6969CC864F15BADD3F419F382DEE"><enum>107.</enum><header>Training for
foreign service officers</header>
<subsection id="HE18313C5BA5E4785A8825B5DEB1FB040"><enum>(a)</enum><header>Training in
democracy and the promotion of democracy and human rights</header><text>Section
708 of the Foreign Service Act of 1980 (<external-xref legal-doc="usc" parsable-cite="usc/22/4028">22 U.S.C. 4028</external-xref>) is amended by adding at
the end the following new subsection:</text>
<quoted-block id="H4A8E99457CD94B97BF79EEAED37357B5" style="OLC">
<subsection id="H8FEDAD7E53E44626B0ABD56CAF5B484B"><enum>(c)</enum><header>Training on
global democracy promotion</header>
<paragraph id="HE0FFC1C57611417A8DD37071E8C6A1D"><enum>(1)</enum><header>In
general</header><text>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).</text>
</paragraph><paragraph id="H2C81DAD8488644319CC3F7E363F3BDEF"><enum>(2)</enum><header>Contents of
training</header><text>The training required under paragraph (1) shall include
instruction, a training manual, and other materials regarding the
following:</text>
<subparagraph id="HE60C0A8158EB45678871CE4C74EDD894"><enum>(A)</enum><text>International
documents and United States policy regarding electoral democracy and respect
for human rights.</text>
</subparagraph><subparagraph id="H5AF90742639C484E94256BE966448DFB"><enum>(B)</enum><text>United States
policy regarding the promotion and strengthening of democracy around the world,
with particular emphasis on the transition to democracy in nondemocratic
countries.</text>
</subparagraph><subparagraph id="H6DC5A284E3F2424F8DFC33DA2F7FF4B"><enum>(C)</enum><text>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.</text>
</subparagraph><subparagraph id="H51E8A377C3E04159B15E7073CD518CA3"><enum>(D)</enum><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/22/6431">22 U.S.C. 6431(a)</external-xref>) in developing the training
required by this
subparagraph.</text>
</subparagraph></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="HE79DA0DA1EC74CA993AB0064E4000912"><enum>(b)</enum><header>Other
training</header><text>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.</text>
</subsection><subsection id="HD8518BA65C3A414BB4668DBEE324EA00"><enum>(c)</enum><header>Authorization of
appropriations</header><text>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.</text>
</subsection><subsection id="H716A7DEF55EA4B22ACC4014CA30067DE"><enum>(d)</enum><header>Clerical
amendments</header><text>Section 708 of the Foreign Service Act of 1980, as
amended by subsection (a), is further amended—</text>
<paragraph id="HC37FA562030642D49D588D7FCA23C0E"><enum>(1)</enum><text>in
subsection (a) by striking <quote>(a) The</quote> and inserting <quote>(a)
<header-in-text level="subsection" style="OLC">Training on Human
Rights.—</header-in-text>The</quote>; and</text>
</paragraph><paragraph id="H33362D9BEC524137B8CC4C5179E396AB"><enum>(2)</enum><text>in subsection (b),
by striking <quote>(b) The</quote> and inserting <quote>(b)
<header-in-text level="subsection" style="OLC">Training on refugee law and
religious persecution.—</header-in-text>The</quote>.</text>
</paragraph></subsection><subsection id="H63212DE0210B400BAAC622E66E4577D5"><enum>(e)</enum><header>One-time report
on training and guidelines for foreign service officers and chiefs of
mission</header><text>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.</text>
</subsection></section><section id="HD506CE2FC0354DD1B4F04FAA01065FB"><enum>108.</enum><header>Performance pay;
promotions; foreign service awards</header>
<subsection id="HD0D6FE900EAC4BEEBBAC9960B55EF149"><enum>(a)</enum><header>Performance
Pay</header><text>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: <quote>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.</quote>.</text>
</subsection><subsection id="H068C397FE72B496A8B03CA2771C995C"><enum>(b)</enum><header>Promotions</header><text>Section
603(b) of the Foreign Service Act of 1980 (<external-xref legal-doc="usc" parsable-cite="usc/22/4003">22 U.S.C. 4003(b)</external-xref>) is
amended—</text>
<paragraph id="H06195A8BD3FD4F6B93CA24AF8FD058AB"><enum>(1)</enum><text>by striking
<quote>(b) Precepts</quote> and inserting <quote>(b)(1)
Precepts</quote>;</text>
</paragraph><paragraph id="HE1E0725D4E184546B72F051F5F68D6FA"><enum>(2)</enum><text>in the third
sentence, by striking <quote>The precepts</quote> and inserting</text>
<quoted-block display-inline="no-display-inline" id="HC51E1B1017D34C44BD04F9F1B9F8D84C" style="traditional">
<paragraph id="H20CC1C03CB9F4E93A2063200C17B2C4D"><enum>(2)</enum><text>The precepts</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="H1BA4BC1A4AE84086002268CB6970A38D"><enum>(3)</enum><text>by redesignating
paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and</text>
</paragraph><paragraph id="H947A97C9AD3848E284C263C0549AE7"><enum>(4)</enum><text>by
adding at the end the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HFF09C25CEF1D419CB24C83D18F24DEF" style="traditional">
<paragraph id="H33819C88F7E54ECA9CB6361800488000"><enum>(3)</enum><text>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.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection commented="no" id="H8BDCFBD40E5C4C6788D7534E69BC39C3"><enum>(c)</enum><header>Regulations and
evaluations concerning standards of performance and programs To promote
democracy</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/22/3965">22 U.S.C. 3965(d)</external-xref> 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.</text>
</subsection><subsection id="H5DF29ADCA144407D8B7879284EDFDFA8"><enum>(d)</enum><header>Foreign service
awards</header><text>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:
<quote>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.</quote>.</text>
</subsection></section><section id="HF270C1C733C3409C8052E1C5456F889"><enum>109.</enum><header>Appointments</header><text display-inline="no-display-inline">Section 304(a)(1) of the Foreign Service Act
of 1980 (<external-xref legal-doc="usc" parsable-cite="usc/22/3944">22 U.S.C. 3944(a)(1)</external-xref>) is amended by adding at the end the following
new sentence: <quote>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.</quote>.</text>
</section><enum>II</enum><header>Cooperation with
other democratic countries</header>
<section id="H505F509CCC1C49E1B531734CEC71C10"><enum>201.</enum><header>Cooperation with
other democratic countries</header>
<subsection id="H11C38BCB675C4DFBA6FA557E4E559694"><enum>(a)</enum><header>Finding</header><text>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—</text>
<paragraph id="H476114FD5D224E6E939332DE901B5860"><enum>(1)</enum><text>shared democratic
principles, practices, and values; and</text>
</paragraph><paragraph id="HEF9BD39537B04EF08264BE4BE6EADD27"><enum>(2)</enum><text>political, social,
and economic freedoms around the world.</text>
</paragraph></subsection><subsection id="H9E7E731D06FA4CE086C0EE76412833B9"><enum>(b)</enum><header>Purposes</header><text>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—</text>
<paragraph id="H481682A536CA48E49EB2A8DAF66BFBE8"><enum>(1)</enum><text>promote and
protect democratic principles, practices, and values, including the right to
free, fair, and open elections, secret balloting, and universal
suffrage;</text>
</paragraph><paragraph id="HC8E217E99AE54000B29BE94D89CD3693"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="H7FA07F3C82444BAEB34908F3F675D213"><enum>(3)</enum><text>promote and
protect respect for the rule of law;</text>
</paragraph><paragraph id="H0C1BBF57A6CE448A99AA36EBBE48B2F3"><enum>(4)</enum><text>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</text>
</paragraph><paragraph id="H7A6366D47CF54030B1A32C1477EC5771"><enum>(5)</enum><text>provide political,
economic, and other necessary support to countries that are undergoing a
transition to democracy.</text>
</paragraph></subsection><subsection id="HE816081FF9B6418F9156136B005600F0"><enum>(c)</enum><header>Sense of
Congress regarding participation</header><text>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.</text>
</subsection></section><section id="H7AB66E270A1F408CA4AD57157145BFAA"><enum>202.</enum><header>Strengthening
the Community of Democracies</header>
<subsection id="H4DD06D58FF0A4CBFBFA3C21F3996EB51"><enum>(a)</enum><header>Sense of
Congress regarding formal mechanisms for the Community of
Democracies</header><text>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.</text>
</subsection><subsection id="H34CAE0957B6C40E0A69DD0C2BCA9EE2"><enum>(b)</enum><header>Detail of
personnel</header><text>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.</text>
</subsection><subsection id="H8AB7395A12F249C385D2754003143B07"><enum>(c)</enum><header>Sense of
Congress regarding regional group in the Community of
Democracies</header><text>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.</text>
</subsection><subsection id="HB7C0423DBFA44E4FBF00FA1D8FAF35D"><enum>(d)</enum><header>International
Center for Democratic Transition</header>
<paragraph id="HF494050A233E420B9410E9BC22B80112"><enum>(1)</enum><header>Sense of
Congress</header><text>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.</text>
</paragraph><paragraph id="H7891C9FBBDF1458981072CEBA541AD58"><enum>(2)</enum><header>Authorization of
appropriations</header><text>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.</text>
</paragraph></subsection><subsection id="H84A6A0985B774A859D22CB73B2AE0510"><enum>(e)</enum><header>Sense of
Congress regarding establishment of office</header><text>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.</text>
</subsection></section><section id="H035569ECDB8B428FA1E56BB69BAB346"><enum>203.</enum><header>Initiatives at
the United Nations</header>
<subsection id="HC86BC6388CD049A286FCB645ABF122FB"><enum>(a)</enum><header>United Nations
Democracy Caucus</header><text>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.</text>
</subsection><subsection id="HA996EAD2D66947C1B4603250376CD955"><enum>(b)</enum><header>United Nations
Democracy Fund</header>
<paragraph id="HD25F44FB945745B8A8086F21E0AD07F"><enum>(1)</enum><header>Sense of
Congress</header><text>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.</text>
</paragraph><paragraph id="H9B22CBB945E844AA9D00D46B6BBCCDB"><enum>(2)</enum><header>Authorization of
appropriations</header><text>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.</text>
</paragraph></subsection></section><enum>III</enum><header>Funding for
Promotion of Democracy</header>
<section id="H610F3B20AD95457BB2EF3E7FC7005200"><enum>301.</enum><header>Policy</header><text display-inline="no-display-inline">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.</text>
</section><section id="H9CA5203CD7C2411AA48235612B23BA20"><enum>302.</enum><header>Human rights
and democracy fund</header>
<subsection id="H983C31CE098147CB80E15826AAB2D96"><enum>(a)</enum><header>Sense of Congress
regarding purposes of the Human Rights and Democracy Fund</header><text>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.</text>
</subsection><subsection id="H14F0039246484DBB85BA7DE45D6F58E6"><enum>(b)</enum><header>Administrative
authorities</header><text>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.</text>
</subsection><subsection id="H01FE0F5A3D7F41A78CBF69CCB52D886F"><enum>(c)</enum><header>Annual report on
the status of the Human Rights and Democracy Fund</header><text>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:</text>
<paragraph id="H88D0CF153C5A46E083DCB49610507EF0"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="H0C8E274E1505464B98F045093512B52"><enum>(2)</enum><text>An
account of projects funded and outside contributions received during the
previous fiscal year.</text>
</paragraph><paragraph id="H6877357D7AFE4F7EB4FDFCC8483192C"><enum>(3)</enum><text>A
balance sheet of income and outlays current as of the conclusion of the fiscal
year to which such report is relevant.</text>
</paragraph></subsection><subsection id="H30884E5489164A1B96B8FE243417C330"><enum>(d)</enum><header>Authorization of
appropriations</header>
<paragraph id="HC3D3C4FFFC434623ABDEE8BDD3F3E63B"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="H777566361B1245EDA25F5900B002D93"><enum>(2)</enum><header>Administrative
expenses</header><text>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.</text>
</paragraph><paragraph id="H99CFF7F12DDE472EAA72B2002C9566D8"><enum>(3)</enum><header>Contributions</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><section id="H9AA4CDCDD7A1497DBBAD3E2532D78CE2"><enum>303.</enum><header>Instruments for
providing democracy assistance</header>
<subsection id="HA0784A5FA0B04E36815D10E7343EF418"><enum>(a)</enum><header>Findings</header><text>Congress
finds the following:</text>
<paragraph id="HD1BAC4C84BB54842B9E1D2B6C6938F00"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="H5B16BC6EE86B4A6AB5CD440D6CCC3F"><enum>(2)</enum><text>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).</text>
</paragraph><paragraph id="H3E5E6E662B2F4BF1BBE8351DDD278F8F"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="HF8EF26F77411464C8044BFF600B68432"><enum>(4)</enum><text>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.</text>
</paragraph></subsection><subsection id="HE00871E316B64FD384D9DCC759BB252B"><enum>(b)</enum><header>Sense of
Congress</header><text>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.</text>
</subsection></section><enum>IV</enum><header>Presidential
actions</header>
<section id="HEFEBD3E891EF41F1A8CEDF7A550EF61"><enum>401.</enum><header>Investigation of
violations of international humanitarian law</header>
<subsection id="H58835146E5EB411187B5715B251072E1"><enum>(a)</enum><header>In
general</header><text>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.</text>
</subsection><subsection id="H441E75FE6F414B0DAF4EA8EE6C48D2F7"><enum>(b)</enum><header>Accountability</header><text display-inline="yes-display-inline">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.</text>
</subsection></section>
May 2, 2007
Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed