[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1310 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 333
116th CONGRESS
  1st Session
                                S. 1310

To strengthen the participation of elected national legislators in the 
 activities of the Organization of American States and reaffirm United 
  States support for Organization of American States human rights and 
          anti-corruption initiatives, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2019

  Mr. Cardin (for himself, Mr. Wicker, and Mr. Kaine) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

                           December 17, 2019

                Reported by Mr. Risch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To strengthen the participation of elected national legislators in the 
 activities of the Organization of American States and reaffirm United 
  States support for Organization of American States human rights and 
          anti-corruption initiatives, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Organization of American 
States Legislative Engagement Act of 2019''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) The Charter of the Organization of American 
        States establishes that ``representative democracy is an 
        indispensable condition for the stability, peace and 
        development of the region''.</DELETED>
        <DELETED>    (2) Article 2 of the Inter-American Democratic 
        Charter of the Organization of American States affirms that 
        ``the effective exercise of representative democracy is the 
        basis for the rule of law and of the constitutional regimes of 
        the member states of the Organization of American 
        States''.</DELETED>
        <DELETED>    (3) Article 26 of the Inter-American Democratic 
        Charter states that ``the OAS will continue to carry out 
        programs and activities designed to promote democratic 
        principles and practices and strengthen a democratic culture in 
        the Hemisphere''.</DELETED>
        <DELETED>    (4) In accordance with the OAS Charter and the 
        Inter-American Democratic Charter, the OAS General Assembly, 
        OAS Permanent Council, and OAS Secretariat have established a 
        wide range of cooperative agreements with domestic and 
        international organizations, including national legislative 
        institutions.</DELETED>
        <DELETED>    (5) In 2004, OAS General Assembly Resolution 2044 
        (XXXIV-O/04) appealed for the ``strengthening of legislatures, 
        as well as inter-parliamentary cooperation on key items of the 
        inter-American agenda, with a view, in particular, to 
        generating initiatives to fight corruption, poverty, 
        inequality, and social exclusion''.</DELETED>
        <DELETED>    (6) In 2005, OAS General Assembly Resolution 2095 
        (XXXV-O/05) called on the OAS Secretariat to ``invite [. . .] 
        the presidents or speakers of the national legislative 
        institutions of the Americas, i.e., congresses, parliaments, or 
        national assemblies, [. . .] to attend a special meeting of the 
        Permanent Council [. . .] for the initiation of a dialogue on 
        topics on the hemispheric agenda''.</DELETED>
        <DELETED>    (7) In 2014 and 2015, the OAS Secretariat expanded 
        its engagement with elected national legislators from OAS 
        member states by convening two meetings of presidents of 
        national legislatures, first in Lima, Peru and subsequently in 
        Santiago, Chile.</DELETED>
        <DELETED>    (8) However, no formal, permanent procedures exist 
        to facilitate the participation of elected national legislators 
        from OAS member states in OAS activities.</DELETED>
        <DELETED>    (9) The Organization for Security and Co-operation 
        in Europe (OSCE) Parliamentary Assembly has proven successful 
        at strengthening inter-parliamentary cooperation among its 
        member states.</DELETED>

<DELETED>SEC. 3. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is that sense of Congress that--</DELETED>
        <DELETED>    (1) elected national legislators play an essential 
        role in the exercise of representative democracy in the 
        Americas, including--</DELETED>
                <DELETED>    (A) promoting the rule of law and 
                combating corruption;</DELETED>
                <DELETED>    (B) defending human rights and fundamental 
                freedoms; and</DELETED>
                <DELETED>    (C) advancing the principles and practices 
                expressed in the Charter of the Organization of 
                American States, the American Declaration on the Rights 
                and Duties of Man, and the Inter-American Democratic 
                Charter;</DELETED>
        <DELETED>    (2) establishing procedures and formal mechanisms 
        to facilitate and formalize the participation of elected 
        national legislators from OAS member states in OAS activities 
        would contribute to the promotion of democratic principles and 
        practices and strengthen a democratic culture in the Western 
        Hemisphere;</DELETED>
        <DELETED>    (3) increasing and strengthening the participation 
        of elected national legislators from OAS member states in OAS 
        activities would advance the principles and proposals expressed 
        in section 4 of the Organization of American States 
        Revitalization and Reform Act of 2013 (Public Law 113-41; 127 
        Stat. 549);</DELETED>
        <DELETED>    (4) the OAS General Assembly, OAS Permanent 
        Council, and OAS Secretariat should take all necessary steps to 
        ensure greater participation of elected national legislators 
        from OAS member states in OAS activities;</DELETED>
        <DELETED>    (5) the OAS Permanent Council resolutions titled 
        ``Guidelines for the Participation of Civil Society in OAS 
        Activities'' and ``Strategies for Increasing and Strengthening 
        Participation by Civil Society Organizations in OAS 
        Activities'' should serve as important references for efforts 
        to bolster the participation of elected national legislators 
        from OAS member states in OAS activities; and</DELETED>
        <DELETED>    (6) the successful experience of the Organization 
        for Security and Co-operation in Europe Parliamentary Assembly 
        should serve as a model to the OAS in creating a similar 
        mechanism.</DELETED>

<DELETED>SEC. 4. STRENGTHENING PARTICIPATION OF LEGISLATORS AT THE 
              OAS.</DELETED>

<DELETED>    (a) In General.--The Secretary of State, acting through 
the United States Mission to the Organization of American States, shall 
take all necessary steps to establish formal procedures for the 
Organization of American States that--</DELETED>
        <DELETED>    (1) increase the participation of elected national 
        legislators from OAS member state countries in OAS activities, 
        specifically including activities that advance the principles 
        of the Inter-American Democratic Charter;</DELETED>
        <DELETED>    (2) create an annual forum for the presidents of 
        national legislatures from OAS member states to discuss issues 
        of hemispheric importance, including regional efforts to combat 
        corruption and defend human rights;</DELETED>
        <DELETED>    (3) permit elected national legislators from OAS 
        member states to make presentations, contribute information, 
        and provide expert advice, as appropriate, to the OAS 
        Secretariat, OAS Permanent Council, and OAS General 
        Assembly;</DELETED>
        <DELETED>    (4) leads to the creation of a formalized body or 
        mechanism to permanently facilitate the participation of 
        national legislators in OAS activities; and</DELETED>
        <DELETED>    (5) strengthen OAS Secretariat programs that 
        provide technical assistance for the modernization and 
        institutional consolidation of national legislatures from OAS 
        member states.</DELETED>
<DELETED>    (b) Diplomatic Engagement and Coordination.--The Secretary 
of State, as appropriate, shall carry out diplomatic engagement to 
secure political and financial support for the establishment of the 
procedures set forth in subsection (a).</DELETED>
<DELETED>    (c) Progress Report.--Not later than one year after the 
date of the enactment of this Act, the Secretary of State shall submit 
to the Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs of the House of Representatives a report on OAS 
processes, initiatives, and reforms undertaken to implement this 
section.</DELETED>

<DELETED>SEC. 5. SUPPORT FOR OAS HUMAN RIGHTS AND ANTI-CORRUPTION 
              INITIATIVES.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
        <DELETED>    (1) the Organization of American States' Inter-
        American Commission on Human Rights is the preeminent 
        institution for defending human rights in the 
        Americas;</DELETED>
        <DELETED>    (2) the United States should take all necessary 
        steps to support and strengthen the role of the Inter-American 
        Commission on Human Rights and its work in the 
        Americas;</DELETED>
        <DELETED>    (3) the efforts of the OAS Secretary General and 
        Secretariat to combat corruption and impunity in the Americas 
        represent important contributions to strengthening the rule of 
        law and democratic governance in the Americas; and</DELETED>
        <DELETED>    (4) the United States should support efforts to 
        ensure the effectiveness and independence of OAS initiatives to 
        combat corruption and impunity in the Americas.</DELETED>
<DELETED>    (b) Anti-Corruption and Human Rights Promotion Strategy.--
Not later than 180 days after the date of the enactment of the Act, the 
Secretary of State shall submit to the Committee on Foreign Relations 
of the Senate and the Committee on Foreign Affairs of the House of 
Representatives a strategy for supporting OAS anti-corruption and human 
rights promotion efforts, including--</DELETED>
        <DELETED>    (1) an assessment of United States programs, 
        activities, and initiatives with the OAS to support anti-
        corruption and human rights promotion in the 
        Americas;</DELETED>
        <DELETED>    (2) a summary of steps taken by the United States 
        Mission to the OAS to strengthen the role of the Inter-American 
        Commission on Human Rights, and to support anti-corruption and 
        anti-impunity efforts in the Americas;</DELETED>
        <DELETED>    (3) an assessment of necessary reforms and 
        initiatives to prioritize and reinforce the OAS Secretary 
        General and Secretariat's efforts to advance human rights and 
        combat corruption and impunity in the Americas;</DELETED>
        <DELETED>    (4) a detailed strategy to facilitate increased 
        OAS collaboration, as appropriate, with relevant stakeholders, 
        including legislators and civil society, in support of a multi-
        sectoral approach to anti-corruption, anti-impunity, and human 
        rights promotion efforts in the Americas; and</DELETED>
        <DELETED>    (5) a detailed plan for implementing the strategy 
        set forth in this section of the Act.</DELETED>
<DELETED>    (c) Annual Report.--General.--Not later than one year 
after the date of the enactment of this Act, and annually thereafter, 
the Secretary of State shall submit to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives a report on actions taken to implement the 
strategy mandated under subsection (b). The report shall include--
</DELETED>
        <DELETED>    (1) an analysis of the progress made by the OAS to 
        adopt and effectively implement reforms and initiatives to 
        advance human rights and combat corruption and impunity in the 
        Americas; and</DELETED>
        <DELETED>    (2) a detailed assessment of OAS efforts to 
        increase multi-sectoral stakeholder engagement to advance human 
        rights and combat corruption and impunity in the 
        Americas.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Organization of American States 
Legislative Engagement Act of 2019''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Charter of the Organization of American States 
        establishes that ``representative democracy is an indispensable 
        condition for the stability, peace and development of the 
        region''.
            (2) Article 2 of the Inter-American Democratic Charter of 
        the Organization of American States affirms that ``the 
        effective exercise of representative democracy is the basis for 
        the rule of law and of the constitutional regimes of the member 
        states of the Organization of American States''.
            (3) Article 26 of the Inter-American Democratic Charter 
        states that ``the OAS will continue to carry out programs and 
        activities designed to promote democratic principles and 
        practices and strengthen a democratic culture in the 
        Hemisphere''.
            (4) In accordance with the OAS Charter and the Inter-
        American Democratic Charter, the OAS General Assembly, OAS 
        Permanent Council, and OAS Secretariat have established a wide 
        range of cooperative agreements with domestic and international 
        organizations, including national legislative institutions.
            (5) In 2004, OAS General Assembly Resolution 2044 (XXXIV-O/
        04) appealed for the ``strengthening of legislatures, as well 
        as inter-parliamentary cooperation on key items of the inter-
        American agenda, with a view, in particular, to generating 
        initiatives to fight corruption, poverty, inequality, and 
        social exclusion''.
            (6) In 2005, OAS General Assembly Resolution 2095 (XXXV-O/
        05) called on the OAS Secretariat to ``invite [. . .] the 
        presidents or speakers of the national legislative institutions 
        of the Americas, i.e., congresses, parliaments, or national 
        assemblies, [. . .] to attend a special meeting of the 
        Permanent Council [. . .] for the initiation of a dialogue on 
        topics on the hemispheric agenda''.
            (7) In 2014 and 2015, the OAS Secretariat expanded its 
        engagement with elected national legislators from OAS member 
        states by convening two meetings of presidents of national 
        legislatures, first in Lima, Peru and subsequently in Santiago, 
        Chile.
            (8) However, no permanent procedures exist to facilitate 
        the participation of elected national legislators from OAS 
        member states in OAS activities.
            (9) The Organization for Security and Co-operation in 
        Europe (OSCE) Parliamentary Assembly has proven successful at 
        strengthening inter-parliamentary cooperation among its member 
        states.

SEC. 3. SENSE OF CONGRESS.

    It is that sense of Congress that--
            (1) elected national legislators play an essential role in 
        the exercise of representative democracy in the Americas, 
        including by--
                    (A) promoting economic freedom and respect for 
                property rights;
                    (B) promoting the rule of law and combating 
                corruption;
                    (C) defending human rights and fundamental 
                freedoms; and
                    (D) advancing the principles and practices 
                expressed in the Charter of the Organization of 
                American States, the American Declaration on the Rights 
                and Duties of Man, and the Inter-American Democratic 
                Charter;
            (2) establishing procedures and mechanisms to facilitate 
        the participation of elected national legislators from OAS 
        member states in OAS activities would contribute to the 
        promotion of democratic principles and practices and strengthen 
        a democratic culture in the Western Hemisphere;
            (3) increasing and strengthening the participation of 
        elected national legislators from OAS member states in OAS 
        activities would advance the principles and proposals expressed 
        in section 4 of the Organization of American States 
        Revitalization and Reform Act of 2013 (Public Law 113-41; 127 
        Stat. 549);
            (4) the OAS General Assembly, OAS Permanent Council, and 
        OAS Secretariat should take steps to facilitate greater 
        participation of elected national legislators from OAS member 
        states in OAS activities;
            (5) the OAS Permanent Council resolutions titled 
        ``Guidelines for the Participation of Civil Society in OAS 
        Activities'' and ``Strategies for Increasing and Strengthening 
        Participation by Civil Society Organizations in OAS 
        Activities'' should serve as important references for efforts 
        to bolster the participation of elected national legislators 
        from OAS member states in OAS activities; and
            (6) the successful experience of the Organization for 
        Security and Co-operation in Europe Parliamentary Assembly 
        should serve as a model to the OAS in creating a similar 
        mechanism.

SEC. 4. STRENGTHENING PARTICIPATION OF ELECTED NATIONAL LEGISLATORS AT 
              THE OAS.

    (a) In General.--The Secretary of State, acting through the United 
States Mission to the Organization of American States, should use the 
voice and vote of the United States to support the creation of 
procedures for the Organization of American States that--
            (1) enhance the participation of elected national 
        legislators from OAS member state countries in OAS activities 
        that--
                    (A) advance the principles of the Inter-American 
                Democratic Charter;
                    (B) support the adoption and implementation of a 
                results-based budgeting process for the OAS;
                    (C) support the adoption and effective 
                implementation of transparent and merit-based human 
                resource standards at the OAS;
                    (D) support the adoption and effective 
                implementation of practices to solicit member quotas to 
                be paid on a schedule that will improve consistency of 
                the operating budget of the OAS; and
                    (E) support the review, streamlining, and 
                prioritization of OAS mandates to focus on core 
                missions and make efficient and effective use of 
                available funding;
            (2) create an annual forum for the presidents of national 
        legislatures from OAS member states to discuss issues of 
        hemispheric importance, including regional efforts to defend 
        human rights and combat transnational criminal activities, 
        corruption, and impunity;
            (3) permit elected national legislators from OAS member 
        states to make presentations, contribute information, and 
        provide expert advice, as appropriate, to the OAS Secretariat, 
        OAS Permanent Council, and OAS General Assembly about OAS 
        activities on issues of hemispheric importance;
            (4) lead to the creation of a mechanism to regularly 
        facilitate the participation of elected national legislators in 
        OAS activities; and
            (5) reinforce OAS Secretariat programs that provide 
        technical assistance for the modernization and institutional 
        strengthening of national legislatures from OAS member states.
    (b) Expenses.--The Secretary of State, acting through the United 
States Mission to the Organization of American States, as appropriate, 
shall seek to ensure that expenses related to the procedures set forth 
in this Act do not increase member quotas or assessed fees.

SEC. 5. SUPPORT FOR OAS HUMAN RIGHTS AND ANTI-CORRUPTION INITIATIVES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Organization of American States' Inter-American 
        Commission on Human Rights is the preeminent institution for 
        defending human rights in the Americas;
            (2) the United States should take all necessary steps to 
        support and strengthen the role of the Inter-American 
        Commission on Human Rights and its work in the Americas;
            (3) the efforts of the OAS Secretary General and 
        Secretariat to combat corruption and impunity in the Americas 
        represent important contributions to strengthening the rule of 
        law and democratic governance in the Americas; and
            (4) the United States should support efforts to ensure the 
        effectiveness and independence of OAS initiatives to combat 
        corruption and impunity in the Americas.
    (b) Anti-corruption and Human Rights Promotion Strategy.--Not later 
than 180 days after the date of the enactment of the Act, the Secretary 
of State shall submit to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House of 
Representatives a strategy for supporting OAS anti-corruption and human 
rights promotion efforts. The strategy should include--
            (1) an assessment of United States programs, activities, 
        and initiatives with the OAS to support anti-corruption and 
        human rights promotion in the Americas;
            (2) a summary of steps taken by the United States Mission 
        to the OAS to strengthen the role of the Inter-American 
        Commission on Human Rights, and to support anti-corruption and 
        anti-impunity efforts in the Americas;
            (3) an assessment of necessary reforms and initiatives to 
        prioritize and reinforce the OAS Secretary General and 
        Secretariat's efforts to advance human rights and combat 
        corruption and impunity in the Americas;
            (4) a detailed plan to facilitate increased OAS 
        collaboration, as appropriate, with relevant stakeholders, 
        including elected national legislators and civil society, in 
        support of a multi-sectoral approach to promote human rights 
        and combat transnational criminal activities, corruption, and 
        impunity in the Americas; and
            (5) a detailed plan for implementing the strategy set forth 
        in this section of the Act.

SEC. 6. REPORTING REQUIREMENTS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives a report on OAS 
processes, initiatives, and reforms undertaken to implement section 4, 
actions taken to implement the strategy mandated under section 5(b), 
and steps taken to implement the Organization of American States 
Revitalization and Reform Act of 2013 (Public Law 113-41). The report 
should include--
            (1) an analysis of the progress made by the OAS to adopt 
        and effectively implement reforms and initiatives to advance 
        human rights and combat corruption and impunity in the 
        Americas; and
            (2) a detailed assessment of OAS efforts to increase multi-
        sectoral stakeholder engagement to advance human rights and 
        combat corruption and impunity in the Americas.
    (b) Briefings.--Not later than one year after the Secretary of 
State submits the report required under subsection (a), and annually 
thereafter for two additional years, the Secretary shall provide to the 
Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives a briefing on the 
information required to be included in such report.

SEC. 7. SENSE OF CONGRESS ON ELECTED NATIONAL LEGISLATOR.

    It is the sense of Congress that an elected national legislator 
participating in the activities outlined in this Act should be an 
individual that--
            (1) was elected as a result of periodic, free and fair 
        elections;
            (2) respects internationally recognized human rights and 
        basic freedoms as set forth in the United Nations Universal 
        Declaration of Human Rights, the International Covenant on 
        Civil and Political Rights, the American Convention on Human 
        Rights, and the principles of the Inter-American Democratic 
        Charter; and
            (3) is not known to be under investigation or convicted for 
        corruption or transnational criminal activities, including 
        trafficking of people, goods, or illicit narcotics, money-
        laundering, terrorist financing, acts of terrorism, campaign 
        finance violations, bribery, or extortion.
                                                       Calendar No. 333

116th CONGRESS

  1st Session

                                S. 1310

_______________________________________________________________________

                                 A BILL

To strengthen the participation of elected national legislators in the 
 activities of the Organization of American States and reaffirm United 
  States support for Organization of American States human rights and 
          anti-corruption initiatives, and for other purposes.

_______________________________________________________________________

                           December 17, 2019

                       Reported with an amendment